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TAMPA CITY COUNCIL

Thursday, June 12, 2014

6:00 p.m. session

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06:03:19 >>CHARLIE MIRANDA: City Council is called to
06:03:19 order.
06:03:20 Roll call.
06:03:20 [Roll Call]
06:03:25 >>MIKE SUAREZ: Here.
06:03:26 >>YVONNE CAPIN: Present.
06:03:28 >>FRANK REDDICK: Here.
06:03:29 >>HARRY COHEN: Here.
06:03:31 >>CHARLIE MIRANDA: Here.
06:03:31 The chair yields to Ms. Capin.
06:03:34 >>YVONNE CAPIN: I move, I'd like to move that we
06:03:36 present a commendation to Todd Smith, executive
06:03:39 director of the Tampa Museum of Art.

06:03:44 >> Second.
06:03:45 >>CHARLIE MIRANDA: Have a motion by Ms. Capin,
06:03:47 second by Mr. Suarez.
06:03:48 Second also in a very close vote, Mr.-- what's
06:03:51 your name again?
06:03:52 Cohen.
06:03:52 All in favor of the motion, please indicate by
06:03:54 saying aye.
06:03:55 The ayes have it unanimously.
06:03:55 Ms. Capin will handle this honorable commendation
06:04:03 now.
06:04:27 >>YVONNE CAPIN: Here with Todd Smith, our
06:04:29 executive director of the Tampa Museum of Art, is
06:04:33 members of his staff.
06:04:35 Bob Hellier and Josephine Johnson, Brooke Melendi,
06:04:40 Nancy Kipnis and Donna Heath.
06:04:44 Thank you for being here.
06:04:46 Want to start off with saying that Todd Smith
06:04:50 along with being the fabulous executive director
06:04:53 of the Tampa Museum of Art, he volunteered early
06:04:58 on to serve on the economic impact of cultural
06:05:01 assets.
06:05:02 And he invited for two and a half years, he
06:05:07 invited the committee to have our monthly meetings
06:05:11 in the conference room, which was very calm, very

06:05:15 cool, very comfortable, surrounded by art.
06:05:19 Thank you very much.
06:05:20 And that seat of yours is not going to be easy to
06:05:24 fill.
06:05:25 I want to start with Tampa City Council recognizes
06:05:30 the positive impact Todd has made as leader in our
06:05:34 community.
06:05:34 We wish him well in his new role.
06:05:38 And here's the title.
06:05:39 Listen to his title.
06:05:41 Chief executive officer and director of the Orange
06:05:43 County museum of art in New Port Beach,
06:05:47 California.
06:05:48 >>CHARLIE MIRANDA: No wonder you left.
06:05:49 [ Laughter ]
06:05:49 You want to learn the letters of the alphabet.
06:05:56 >>YVONNE CAPIN: Todd came to us in 2008 when we
06:05:57 were just breaking ground on the new museum and he
06:06:00 was the first permanent executive director for the
06:06:03 museum.
06:06:03 And he was charged with guiding that completion
06:06:07 and open the facility.
06:06:09 He also brought the recognition, national
06:06:14 recognition and made it major art destination.
06:06:18 He worked on the finances of the museum, raising

06:06:24 capital funds, endowment, shaping and expanding
06:06:27 the art collection and developing the progressive
06:06:30 and innovative programs to serve our community.
06:06:33 While at the same time fulfilling the museum's
06:06:36 mission.
06:06:37 He clearly accomplished and surpassed these goals.
06:06:42 City Council wholeheartedly agrees with the Orange
06:06:46 County museum of art president when he said Todd
06:06:50 has achieved distinction throughout his career by
06:06:54 providing strong leadership and achieving
06:06:58 successful strategic direction at a world-class
06:07:03 art institute.
06:07:04 So you know what that means?
06:07:05 Because of this man, we here are considered world
06:07:09 class art institute.
06:07:10 Thank you very much.
06:07:11 [ Applause ]
06:07:18 >>YVONNE CAPIN: And Tampa City Council is proud to
06:07:22 call Todd one of our own cultural assets.
06:07:25 And is forever grateful and appreciative of your
06:07:28 leadership that he brought to our city.
06:07:30 We'll miss you.
06:07:31 Although we know that the mark you leave on our
06:07:36 community will benefit us forever.
06:07:37 Now, we don't usually present this like this.

06:07:42 This is special.
06:07:45 You know, in March, you were interviewed for
06:07:51 Creative Loafing and they asked you if you ever
06:07:53 left Tampa, what would you miss the most.
06:07:56 And you said that you would miss the LED lights on
06:08:00 the museum building.
06:08:02 And you said they're just magical and change the
06:08:07 way people see art and architecture in our city.
06:08:11 Your work here changed the way people see art here
06:08:13 in Tampa.
06:08:14 After you move to California, if you find yourself
06:08:17 missing Tampa, all you have to do is turn your
06:08:21 commendation around and see here?
06:08:26 And you have LED lights.
06:08:31 [ Laughter ]
06:08:38 [ Applause ]
06:08:40 >>YVONNE CAPIN: This is City Council's version of
06:08:45 art.
06:08:46 [ Laughter ]
06:08:49 >>YVONNE CAPIN: Thank you very, very much.
06:08:50 You are excellent and we are going to miss you
06:08:52 very much.
06:08:58 >> City Council, thank you for the support you've
06:09:01 given the museum over the last 30 years of the
06:09:04 museum's existence and the few years I've been

06:09:06 able to spend here as director has been such an
06:09:09 important part of my career and my life that I owe
06:09:11 a lot to you and your ongoing support.
06:09:14 This is half the staff of the museum here.
06:09:16 So just know that all that we produce is based
06:09:19 really on 13 people.
06:09:20 And that is an accomplishment in and of itself.
06:09:23 So, this commendation, while I will treasure it,
06:09:25 it really belongs to the entire museum staff.
06:09:27 So thank you on behalf of all of us.
06:09:29 [ Applause ]
06:09:30 >>CHARLIE MIRANDA: Okay.
06:09:37 Need a motion to open hearings 1 through 11.
06:09:40 >> So moved.
06:09:41 >>CHARLIE MIRANDA: Motion by Ms. Montelione,
06:09:42 second by Mr. Suarez.
06:09:43 All in favor of that motion, please indicate by
06:09:45 saying aye.
06:09:45 41 opposed nay.
06:09:46 The ayes have it unanimously.
06:09:47 These are quasi-judicial hearings, so anyone in
06:09:51 the audience who wishes to speak on items 1
06:09:54 through 11 shall now rise and raise your right
06:09:56 hand of and be sworn in.
06:09:57 Anyone who wants to speak or thinking of speaking,

06:10:00 please stand up and be sworn in.
06:10:02 [Oath administered by Clerk]
06:10:03 >>CHARLIE MIRANDA: That strong voice scared me.
06:10:12 All right.
06:10:13 Item number one, yes, ma'am?
06:10:20 >> Good evening, City Council members.
06:10:23 Mary Samaniego, Land Development Coordination, for
06:10:26 the record.
06:10:27 Just for the record, items number 5, item 9 and
06:10:33 item number 10 all cannot be heard because the
06:10:38 notice was not perfected by the party.
06:10:40 All those cases will be forwarded on to the
06:10:43 July 24th regularly scheduled meeting.
06:10:46 >>CHARLIE MIRANDA: Okay.
06:10:47 I need a motion -- how many do we have on that
06:10:49 evening?
06:10:50 Do you know?
06:10:52 On the 24th?
06:10:53 >> With these, it would be 13.
06:10:57 >> Does that hit our benchmark?
06:10:59 >> I need a motion to that effect.
06:11:02 Motion by Mr. Cohen, seconded by Ms. Mulhern,
06:11:05 close vote.
06:11:06 All in favor of the motion, please indicate by
06:11:07 saying aye.

06:11:08 Opposed nay.
06:11:09 The ayes have it unanimously.
06:11:09 Before I leave 5, 9 and 10, anyone in the audience
06:11:16 who would not like to see 5, 9 and 10 be moved to
06:11:20 that date in July, please let us know.
06:11:23 I see no one.
06:11:25 Thank you very much.
06:11:25 Okay.
06:11:27 Item number 1.
06:11:29 >> Okay.
06:11:30 Thank you.
06:11:30 Item number one is REZ 14-15.
06:11:34 It is property located at 810 West Country Club
06:11:37 Drive.
06:11:38 The applicant is David Clisset.
06:11:40 It is a request for rezonings from RS-60,
06:11:44 single-family residential, to RS-50, single-family
06:11:47 residential.
06:11:48 Due to this rezoning, there are no waivers
06:11:52 requested.
06:11:52 David?
06:11:55 >> Good evening, Councilmembers.
06:12:00 David Hay with your Planning Commission staff, and
06:12:03 I have been sworn.
06:12:04 First case tonight we end up in the university

06:12:10 planning area, which is identified as one of the
06:12:12 three growth areas within the city of Tampa's
06:12:15 growth management plan.
06:12:16 The subject site is located on the south side of
06:12:19 West Country Club Drive.
06:12:21 Just to the east of North Boulevard.
06:12:24 The closest transit emphasis corridor, which is
06:12:28 Florida Avenue, is located about half a mile to
06:12:30 the east.
06:12:30 Next on to the aerial.
06:12:34 It's zoomed out a little, so the subject site is
06:12:38 in the center of the map.
06:12:39 You can make out the commercial uses located along
06:12:43 Florida Avenue on interstate 275 to the east.
06:12:47 You can also see the Babe Zaharias golf course to
06:12:52 the left.
06:12:53 The subject site and the general area is
06:12:55 predominantly developed with single-family
06:12:58 detached residential.
06:12:59 Finally on to the future land use map, the subject
06:13:05 site in surrounding parcels are all designated
06:13:07 residential 10.
06:13:08 Represented by that tan color.
06:13:11 Further to the west, centered around the golf
06:13:14 course, we have some yellow, which represents the

06:13:17 residential 6.
06:13:18 And the white area to the north of the subject
06:13:21 site is actually unincorporated Hillsborough
06:13:24 County.
06:13:24 Overall Planning Commission staff found the
06:13:27 proposed rezoning to RS-50 would continue to allow
06:13:31 for development pattern that is comparable and
06:13:33 compatible to the existing and planned development
06:13:36 pattern within this portion of the City of Tampa.
06:13:39 The rezoning would allow information additional
06:13:41 infill opportunities within one of the three
06:13:44 target growth areas.
06:13:46 Therefore, based on those findings and the goals,
06:13:49 objectives and policies of the comprehensive plan,
06:13:51 Planning Commission staff finds the rezoning
06:13:53 request consistent with the Tampa comprehensive
06:13:55 plan.
06:14:00 >> Mary Samaniego again.
06:14:04 Applicant is requesting rezonings for 810 West
06:14:07 Country Club Drive from RS-60 to RS-50 to create
06:14:11 two buildable single-family residential lots.
06:14:14 Existing subject property approximately 223 feet
06:14:17 by 107 feet with a total lot area of approximately
06:14:21 23,905 square feet.
06:14:24 The property is located one lot to the east of

06:14:27 North Boulevard and West Country Club Drive
06:14:30 intersection.
06:14:30 And it is surrounded on all sides by single-family
06:14:33 residential detached.
06:14:35 The minimum site requirements for the RS-50 zoning
06:14:40 district are as follows.
06:14:42 5,000 square foot minimum lot size with 50-foot
06:14:45 minimum yard width.
06:14:46 Setbacks are 20 for the front, 7 for the corner or
06:14:50 side and 20 for the rear.
06:14:52 In the RS-50 zoning district, maximum building
06:14:57 height is 35 feet.
06:14:58 The development must adhere to all City of Tampa
06:15:01 land development regulations at time of
06:15:03 permitting.
06:15:04 There is an Ariel -- I'm sorry, rather location
06:15:11 map that shows the surrounding zoning, large
06:15:14 majority of the surrounding zoning is RS-60.
06:15:17 And here is an aerial map, the subject property
06:15:21 that fronts on Country Club Drive with
06:15:23 single-family residential surrounding it
06:15:25 primarily.
06:15:26 Here are some pictures of the site.
06:15:30 This is look at the site from Country Club Drive.
06:15:34 Another picture of the site from country club.

06:15:36 This is on Country Club Drive to the direct west.
06:15:40 This is to the direct east.
06:15:42 Again, further to the east, more single-family
06:15:46 residential.
06:15:47 Across Country Club Drive to the east,
06:15:51 single-family residential.
06:15:52 This is looking on 116th street back towards the
06:15:59 rear of the site.
06:16:01 Again, another picture towards the rear of the
06:16:03 site.
06:16:04 116th street east, there are predominant pattern
06:16:08 again of single-family detached houses.
06:16:10 Saying that the development review and compliance
06:16:17 staff has reviewed the application and finds the
06:16:19 request consistent with the land development.
06:16:23 Do you have any questions for me at this time?
06:16:25 >>CHARLIE MIRANDA: Any questions?
06:16:26 Ms. Mulhern?
06:16:27 >>MARY MULHERN: I was just wondering, since
06:16:29 everything on the zoning map that we have got from
06:16:31 you is RS-60, but that's a really deep lot.
06:16:37 Is that kind of an anomaly in this neighborhood to
06:16:40 have that, hmm, that deep?
06:16:47 >> Yes.
06:16:47 Most of the lots are shallower but the overall

06:16:51 development pattern in the area, we looked at some
06:16:53 of the existing plats in the area.
06:16:55 They all have somewhat inconsistent lot sizes,
06:16:59 especially the plat this property is in.
06:17:01 All the lots were different sizes.
06:17:03 Yes that is an anomaly.
06:17:05 >>MARY MULHERN: I'm just wondering because it just
06:17:06 seems like it might be a little bit -- if there
06:17:09 are a lot of properties like that, we'd end up
06:17:14 having to rezone...
06:17:17 >> I would say it's an anomaly.
06:17:20 Most of the properties are squared off.
06:17:21 Any other questions?
06:17:25 >>MARY MULHERN: Thank you.
06:17:26 >>CHARLIE MIRANDA: Thank you very much.
06:17:26 Petitioner here?
06:17:33 >> My name is David Clisset.
06:17:35 I have been sworn.
06:17:36 I'm the authorized agent for the owner of this
06:17:39 property.
06:17:39 I'm also the president of Divine Design
06:17:42 Development.
06:17:42 We are a Florida certified engineering firm by the
06:17:45 Florida Board of Professional Engineers.
06:17:47 And I believe my requirement is to state our

06:17:50 current address, which 1808 first street in Indian
06:17:52 Rocks Beach.
06:17:54 I am here on behalf of the owner to request
06:17:57 Euclidean rezoning.
06:17:58 What has happened, this is a very large parcel.
06:18:01 It's more than half an acre of land attached to
06:18:04 this particular pair of folios.
06:18:07 Both of the lots are wider than 50 feet.
06:18:10 There is a small -- that's an easement on the east
06:18:12 side which we have adjusted the lot width to allow
06:18:15 that easement to be, remain as it has been
06:18:19 platted.
06:18:19 Ten foot wide utility easement there and the
06:18:22 property owner is requesting that he be allowed to
06:18:24 build two single-family homes there.
06:18:26 And it's totally consistent with the comprehensive
06:18:30 plan and the overall development and goals of the
06:18:33 City of Tampa.
06:18:34 I humbly request that you approve our request.
06:18:38 >>CHARLIE MIRANDA: Thank you.
06:18:38 Ms. Montelione?
06:18:39 >>LISA MONTELIONE: I just have one question,
06:18:41 Mr. Clisset.
06:18:41 What is the -- you said both are wider than the
06:18:44 50 feet.

06:18:45 What are the --
06:18:46 >> One is 52 feet.
06:18:47 One is 55 feet.
06:18:48 The way it's platted.
06:18:51 With the current folio number, with the
06:18:54 Hillsborough County property appraiser.
06:18:55 I believe that's indicated on the back we have
06:18:58 submitted.
06:18:59 The lot to the east is 55 feet.
06:19:01 Lot to the west is 52 feet.
06:19:03 At country club, they actually get wider as they
06:19:06 go south.
06:19:07 Especially the 52-foot wide one, is actually wider
06:19:11 on the south border.
06:19:13 And there's a tremendous amount of land there.
06:19:16 The goal of the developer is actually to build
06:19:19 some country club golf course friendly homes there
06:19:22 and do something that's a little bit higher end
06:19:25 than what's typically been developed in some of
06:19:27 the lots in that neighborhood.
06:19:34 >>CHARLIE MIRANDA: Any other Councilmembers?
06:19:35 Thank you very much.
06:19:38 Anyone in the audience care to speak on this item
06:19:41 number one, REZ 14-15?
06:19:44 >> Move to close.

06:19:47 >>CHARLIE MIRANDA: Motion to close by Mr. Reddick,
06:19:49 second by Mr. Cohen.
06:19:50 Further discussion by Councilmembers.
06:19:51 All in favor of the motion, please indicate by
06:19:52 saying aye.
06:19:52 Opposed nay.
06:19:53 The ayes have it unanimously.
06:19:54 Mr. Suarez, would you kindly read this ordinance
06:19:56 for first reading -- let me say this when you read
06:19:59 something for first reading, I'm just asking the
06:20:01 Councilmembers to do that.
06:20:02 It's a habit of mine.
06:20:04 Just ask them to read it.
06:20:06 Doesn't mean it's going to pass.
06:20:07 But it means I'm asking somebody to put it out so
06:20:09 we can vote on it.
06:20:10 So don't hold it against myself or Mr. Suarez or
06:20:13 any other Councilmembers when you say look, what
06:20:16 they did.
06:20:17 I'm asking them to do that so you want to blame
06:20:19 somebody, blame me.
06:20:21 >>MIKE SUAREZ: We usually do, so that's okay.
06:20:22 [ Laughter ]
06:20:23 >>CHARLIE MIRANDA: That's why I Sid ahead of time.
06:20:27 >>MIKE SUAREZ: I present an ordinance for first

06:20:29 reading conditions, an ordinance rezoning property
06:20:31 in the general vicinity of 810 West Country Club
06:20:33 Drive in the City of Tampa, Florida, and more
06:20:36 particularly described in section 1, from zoning
06:20:38 district classification RS-60, residential
06:20:41 single-family to res 50, residential
06:20:44 single-family, providing an effective date.
06:20:47 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez,
06:20:48 I have a second mys about Montelione, close vote
06:20:52 with Mr. Cohen.
06:20:52 All in favor of that motion, please indicate by
06:20:54 saying aye.
06:20:54 Opposed nay.
06:20:55 The ayes have it unanimously.
06:20:56 >> Motion carried unanimously.
06:20:57 Second reading and adoption will be June 26 at
06:21:00 9:30 a.m.
06:21:01 >>CHARLIE MIRANDA: Thank you very much for
06:21:02 attending.
06:21:03 Item number 2.
06:21:07 >> Item number 2 before you, REZ 14-16.
06:21:13 It is property located at 4816 west Flamingo Road.
06:21:18 As the Euclidean rezoning request from RS-60
06:21:21 single-family residential to RM-18 for
06:21:25 multi-family residential.

06:21:26 Again, because it's a Euclidean rezoning, no
06:21:30 waivers are allowed or requested.
06:21:31 >> Good evening, Councilmembers, David Hay with
06:21:38 your Planning Commission staff.
06:21:39 I have been sworn.
06:21:40 The next case we head down south to the South
06:21:44 Tampa planning district.
06:21:46 The subject site is located on the south side of
06:21:48 Flamingo Road, just to the west of Westshore
06:21:51 Boulevard.
06:21:53 The subject site is also located just to the north
06:21:56 of the site of the former Georgetown apartments.
06:21:59 Next on to the aerial, you can see the subject
06:22:03 site in the center of the map right here.
06:22:05 We have Westshore Boulevard running north-south.
06:22:11 Euclid and Gandy both running east-west.
06:22:14 And here's the site of the Georgetown apartments.
06:22:17 I'm using this aerial so then you can see the
06:22:22 overall development pattern.
06:22:23 On the west side of Westshore Boulevard, south of
06:22:28 bay court avenue, which is about right here, over
06:22:31 the years it's been developed in a more dense
06:22:34 residential pattern.
06:22:36 Consisting of a mixture of small lots
06:22:38 single-family detached and mobile homes,

06:22:41 multi-family and duplex residential development.
06:22:43 That's all in this basically from bay court down
06:22:47 to Gandy.
06:22:47 Basically a kind of a unique development pattern
06:22:51 there.
06:22:51 The pattern to the east of Westshore Boulevard is
06:22:53 that more traditional single-family detached
06:22:57 residential pattern that you see here in Florida.
06:22:59 Most of the general larger commercial services are
06:23:02 located along Gandy Boulevard.
06:23:03 And Dale Mabry Highway further to the east.
06:23:07 With some neighborhood serving commercial uses
06:23:11 located to the north of the subject site along
06:23:13 Westshore Boulevard.
06:23:14 It should also be noted that the subject site is
06:23:16 located within the coastal high hazard area.
06:23:20 On to the future land use map, I'm using again the
06:23:25 zoomed out version.
06:23:26 I think you have a closer in version in your
06:23:28 packet.
06:23:28 You can really see the higher density residential
06:23:31 pattern along that Westshore -- west of Westshore
06:23:35 Boulevard.
06:23:35 Running south of bay court down to Gandy, which
06:23:38 the subject site falls into.

06:23:40 All those properties within that area are at
06:23:43 residential 20, residential 35 and the CMU 35.
06:23:48 The tan color to the east side of Westshore
06:23:53 Boulevard is the residential 10.
06:23:55 And those pinks again are the community mixed use
06:24:00 35.
06:24:00 Overall Planning Commission staff found the
06:24:03 proposed rezoning to RM-18 would allow for
06:24:05 residential development in keeping with what is
06:24:07 envisioned under that residential 20 future land
06:24:10 use category.
06:24:11 Flamingo Road currently contains a mix of
06:24:14 residential development types.
06:24:15 Therefore, based on those findings and the goals,
06:24:18 objectives and policies of the comprehensive plan,
06:24:20 Planning Commission staff finds the rezoning
06:24:22 request consistent with the Tampa comprehensive
06:24:24 plan.
06:24:26 >>CHARLIE MIRANDA: Thank you.
06:24:28 >> Thank you, David.
06:24:29 Mary Samaniego again.
06:24:31 Again, this is a Euclidean request to rezone from
06:24:35 RS-60 to RM-18.
06:24:37 The applicant -- the existing property is
06:24:41 approximately 60 by 131 for a total lot area

06:24:47 approximately 7,860 square feet.
06:24:49 The property is located four lots to the west of
06:24:52 the South Westshore Boulevard and west Flamingo
06:24:54 Road intersection.
06:24:56 It is surrounded by residential single-family
06:24:59 detached to the north, east and west, with a canal
06:25:02 and residential multi-family to the south.
06:25:04 Minimum site requirements for the RM-18 zoning
06:25:08 district are as follows.
06:25:10 5,000 square foot minimum lot area with a 50-foot
06:25:13 looed lot width.
06:25:14 25-foot front setback, center side and corner
06:25:18 setbacks and 15 rear.
06:25:19 The maximum building height of RM-18 zoning
06:25:22 district is 35 feet.
06:25:23 And development must adhere to the City of Tampa
06:25:26 regulations at the time of permitting.
06:25:29 Here is a zoning map that you can see the existing
06:25:33 zoning of RS-60.
06:25:35 Some RM-24 and RM-16 over to the east.
06:25:39 And some other planned a developments for a
06:25:43 multitude of different residential styles.
06:25:46 And types.
06:25:47 Here is an aerial map of the property.
06:25:50 It's currently vacant.

06:25:51 You can see the different residential development
06:25:53 in the surrounding area, including some
06:25:56 multi-family to the north.
06:25:59 Here are the picture of the existing site.
06:26:03 Again, it is vacant.
06:26:04 To the east is a single-family residential.
06:26:08 Continuing east is another residential unit.
06:26:11 This site is under development to the far east of
06:26:15 the site of Flamingo Road.
06:26:18 It was your case REZ 13-37 that you rezoned last
06:26:23 year.
06:26:23 Across Flamingo to the east, more single-family
06:26:26 residential, more single-family residential.
06:26:29 Here is a picture directly across the street and a
06:26:31 little to the west of a town home development.
06:26:34 Single-family residential continuing along
06:26:40 Flamingo to the west.
06:26:42 And on the same side of Flamingo as the subject
06:26:45 property to the west, more single-family
06:26:47 residential.
06:26:47 Saying that the development review and compliance
06:26:52 staff has reviewed application and finds the
06:26:54 request consistent with the City of Tampa land
06:26:56 development code.
06:26:56 Do you have any questions for me at this time?

06:26:59 >>CHARLIE MIRANDA: Any questions?
06:27:00 Petitioner?
06:27:02 >> Good evening, Mr. Chairman, members of City
06:27:12 Council, my name is John Grandoff on behalf of my
06:27:15 friends Burt and Susan Clark, application this
06:27:18 evening.
06:27:18 I have nothing further to add to the thorough work
06:27:22 that Ms. Samaniego has prepared and the report
06:27:24 she's prepared for you and also the report by
06:27:27 Mr. Hay.
06:27:27 I respectfully request your approval this evening.
06:27:30 But I wish to reserve any further time for
06:27:32 rebuttal in case there's any opposition.
06:27:35 I have received no opposition that I'm aware of
06:27:38 after mailing the notice.
06:27:40 And thank you for your time.
06:27:43 >>CHARLIE MIRANDA: Ms. Mulhern?
06:27:44 >>MARY MULHERN: Mr. Grandoff, I could've asked
06:27:49 land development, but I'm sure you can tell me.
06:27:51 What's the maximum density that you could have
06:27:54 here?
06:27:55 >> It's R-20 under the plan.
06:27:57 The density on the acreage would be three units.
06:28:02 >>MARY MULHERN: So, three town homes?
06:28:06 >> They could be attached.

06:28:08 Not detached.
06:28:09 Attached.
06:28:11 Could be three town homes, triplex, could be two
06:28:14 town homes.
06:28:16 That's the maximum.
06:28:17 Still have to meet all the setbacks.
06:28:19 >>MARY MULHERN: Okay.
06:28:20 Thanks.
06:28:20 >>CHARLIE MIRANDA: Anyone else?
06:28:22 Thank you.
06:28:23 Anyone in the audience care to speak on this item
06:28:26 two, REZ 14-16?
06:28:28 Please come forward.
06:28:29 >> Hi.
06:28:35 My name is Robert Bell.
06:28:36 I live at 4820 Flamingo Road and I'm here to
06:28:40 oppose the rezoning from single-family residential
06:28:44 to multi-family.
06:28:46 I apologize, I'm pretty nervous.
06:28:49 Never spoke in front of a group like this.
06:28:51 So bear with me.
06:28:53 I have two reasons for opposing this.
06:28:57 And a lot of it has already been talked about.
06:29:00 Is density is the main reason.
06:29:02 And another reason is the adverse effect that it

06:29:06 could have on a residence just to the east of
06:29:09 this, which is 4814, which happens to be where my
06:29:13 mother lives.
06:29:13 As one of the pictures showed, there is a loath of
06:29:18 foliage, a lot of trees.
06:29:19 I think that's even survey in tour information
06:29:22 that shows three grand oaks that is on 4814 that
06:29:27 belongs to my mom.
06:29:28 Those trees are going to have to be cut back
06:29:32 severely to put any units on it because of the
06:29:35 canopy.
06:29:35 So, the second reason is the adverse effect that
06:29:39 would have on her property.
06:29:41 The density issue that I mentioned first is the
06:29:46 multi-family is mostly on the north.
06:29:49 There's over 40 units of multi-family condos or
06:29:52 town homes on the north side of the street.
06:29:54 On the south side of the street where I live, is
06:29:57 approximately 13 single-family homes, two vacant
06:30:02 lots, one being this one, and four new
06:30:05 construction town homes to the east that they
06:30:07 talked about.
06:30:08 If you allow the people on the south side to start
06:30:13 tearing these smaller houses down and changing to
06:30:15 multi-family, the density is going to increase

06:30:18 significantly on this street because the south
06:30:20 side is the canal side.
06:30:22 40 units plus on the north side, only 19 units on
06:30:27 the south side.
06:30:28 If we go to 40 units in the future, that street,
06:30:32 which is a dead end street is going to be a
06:30:34 nightmare to get in and out of.
06:30:36 There's no light at the Westshore entrance.
06:30:38 And it's just going to be very difficult.
06:30:41 So the density I think is already too high.
06:30:44 I don't want to see it going any higher.
06:30:47 The adverse effect that I think it's going to have
06:30:50 on my mom's property is those trees are going to
06:30:52 have to be cut on one side of the canopy, which is
06:30:55 going to offset the trees very badly.
06:31:00 Possibly kill them.
06:31:01 Or increase the risk that these trees, which are
06:31:03 huge, I think one is 34 inches, falls to the left
06:31:08 on her house, damaging the house or injuring
06:31:11 someone.
06:31:11 That's my two main reasons for opposing this.
06:31:16 We just don't want to see any more multi-family.
06:31:19 >>CHARLIE MIRANDA: Thank you, Mr. Bell.
06:31:20 >> Thank you.
06:31:21 >>CHARLIE MIRANDA: Anyone else in the audience

06:31:22 care to speak on item 2, REZ 14-16?
06:31:26 Please come forward.
06:31:27 >> Hi.
06:31:30 My name is Marion Bonneau and I'm mom.
06:31:36 >> You look like a sister.
06:31:38 >> Pardon me?
06:31:38 >>CHARLIE MIRANDA: You look like his sister.
06:31:40 >> Oh, I love you.
06:31:41 [ Laughter ]
06:31:42 >> I ditto everything that he said.
06:31:46 The biggest problem I think is going to be the
06:31:50 density because it is a dead end street, very
06:31:55 short in fact.
06:31:56 The tree situation happens to be enormous.
06:32:05 I mean, these trees are enormous.
06:32:09 Which means the canopy is both spread over both
06:32:13 lots.
06:32:13 If you look at the aerial picture that she showed
06:32:16 you, you cannot even see ground on that lot,
06:32:19 because of the tree coverage.
06:32:22 I of course don't want to see any trees cut.
06:32:27 And this is the reason that I object to having
06:32:31 this rezoned.
06:32:32 Appreciate it.
06:32:35 >>CHARLIE MIRANDA: Thank you very much.

06:32:35 Anyone else in the audience care to speak on item
06:32:38 number 2?
06:32:39 Petitioner, you have five minutes for rebuttal.
06:32:41 Before the petitioner gets here, the way this is
06:32:44 hand, petitioner has 15 minutes to make a
06:32:46 presentation.
06:32:47 Then we hear from the general public.
06:32:48 For three minutes each.
06:32:50 Sometimes there's two people, sometimes there's
06:32:52 ten.
06:32:53 So it balances out on which side gets to speak,
06:32:55 usually about the same thing about 15 minutes each
06:32:57 side.
06:32:58 But at the end the petitioner will always have a
06:33:00 rebuttal for the record is straight, in case he
06:33:03 goes to court, there's a record the petitioner was
06:33:05 given his or her opportunity to answer all the
06:33:08 questions.
06:33:08 Petitioner?
06:33:09 >> Thank you Mr. Chairman.
06:33:10 In response to the opposition, the density issue,
06:33:15 the property is zoned, is planned R-20, which is
06:33:19 20 units per acre.
06:33:20 And the rezoning is consistent with the plan.
06:33:22 So, we meet the criteria.

06:33:26 The burden shifts to the opponents to provide
06:33:27 competent substantial evidence that changes that
06:33:31 finding.
06:33:31 On the trees, we're not aware of a tree survey of
06:33:36 these trees.
06:33:37 I have seen them on the property.
06:33:38 They're not on our client's property.
06:33:40 But, the code requires a minimum 20-foot
06:33:46 separation at grade from the grand tree to the
06:33:50 footer.
06:33:50 My client Burke Clark as a general contract with
06:33:54 the Sinclair company, very familiar with
06:33:57 construction.
06:33:57 I will provide my telephone number to Mr. Bell.
06:34:01 He can call me, I'll put him in touch with Mr.
06:34:03 Clark.
06:34:04 We will locate the trees in the field and indicate
06:34:08 a setback to preserve them.
06:34:10 And we'll also add that, an arborist is typically
06:34:19 engaged by the permit department, typically Cathy
06:34:22 Beck's department to evaluate trees on adjoining
06:34:27 property to make sure that the excavation is done
06:34:29 correctly.
06:34:29 So, that will be regulated at the permit level.
06:34:33 Also any trimming of the grand tree that may hang

06:34:38 over the property has to be supervised by a
06:34:43 licensed arborist in the field with city personnel
06:34:47 present and also we could have the bells present
06:34:49 as well to make sure that no more than necessary
06:34:52 is trimmed from them, from the trees.
06:34:56 The adverse effect, there's no evidence in the
06:35:03 record of what the adverse effect would be or
06:35:06 possible density increase on the remainder of the
06:35:08 south side.
06:35:09 That is not criteria you can consider in denying
06:35:13 an application.
06:35:14 The project is consistent with the land use plan.
06:35:18 I did the rezoning on the map of the RM-24
06:35:21 project.
06:35:24 And I believe the PD project on the north side, as
06:35:29 Mr. Hay found, this is a transitional area between
06:35:33 the single-family properties to the north and the
06:35:37 multi-family to the south, the Georgetown project
06:35:40 there.
06:35:40 In closing, I respectfully request your approval
06:35:44 and ample evidence in the record to support that
06:35:47 decision.
06:35:48 >>CHARLIE MIRANDA: Any comments for Mr. Grandoff
06:35:50 from Council?
06:35:50 Seeing none, need a motion to close.

06:35:52 Have a motion by Ms. Montelione to close, seconded
06:35:55 by Ms. Capin.
06:35:57 All in favor of the motion to close, please
06:35:59 indicate by saying aye.
06:36:00 Opposed nay.
06:36:01 The ayes have it unanimously.
06:36:01 Ms. Capin, would you kindly take number two,
06:36:03 please?
06:36:04 >>YVONNE CAPIN: Excuse me, we have a little bit of
06:36:13 a spill here.
06:36:14 Got to get clean-up crew here.
06:36:18 Okay.
06:36:18 An ordinance being presented for first reading
06:36:24 consideration.
06:36:24 An ordinance rezoning property in the general
06:36:27 vicinity of 4816 West Flamingo Road in the City of
06:36:31 Tampa, Florida, and more particularly described in
06:36:33 section 1, from zoning district classifications
06:36:36 RS-60 residential single-family to RM-18,
06:36:40 residential multi-family, providing an effective
06:36:42 date.
06:36:44 >>CHARLIE MIRANDA: I have a motion by Ms. Capin,
06:36:46 second by Mr. Suarez.
06:36:48 Further discussion by Councilmembers?
06:36:50 All in favor of the motion, please indicate by

06:36:51 saying aye.
06:36:52 Opposed nay.
06:36:53 Motion passioned unanimously.
06:36:55 Thank you all very much for appearing.
06:36:57 >>THE CLERK: Motion carried unanimously.
06:36:59 Second reading and adoption on June 26, 9:30 a.m.
06:37:02 >>CHARLIE MIRANDA: Item number 3.
06:37:05 >> The next item on your agenda is REZ 14-22.
06:37:22 It is a rezoning request for the property located
06:37:25 at 1344 West Cass Street and 1319 west Carmen
06:37:30 street.
06:37:31 It is a request to rezone the property from CG
06:37:35 commercial general and CI commercial intensive to
06:37:39 commercial intensive.
06:37:40 Due to this being a Euclidean rezoning again,
06:37:42 there are no waivers.
06:37:49 >> Good evening, Councilmembers.
06:37:50 David Hay with your Planning Commission staff.
06:37:52 And I have been sworn.
06:37:53 Our next case is in the central Tampa planning
06:37:58 district.
06:37:59 The subject site located near the southeast corner
06:38:02 of West Cass Street and north Oregon Street, is
06:38:05 located in the west Riverfront neighborhood.
06:38:07 It is also located within the West Tampa urban

06:38:10 village.
06:38:10 And it is also located within a mixed use
06:38:13 corridor.
06:38:13 On to the aerial.
06:38:18 The subject site is located in the center of the
06:38:22 aerial.
06:38:23 The map shows the entire site.
06:38:26 This actual portion is already zoned CI.
06:38:29 This is the portion that really is going to the
06:38:33 CI, even though it's one whole parcel.
06:38:36 In general, the aerial shows a mixed use
06:38:39 development pattern with a mix of commercial,
06:38:41 residential and even some light industrial uses.
06:38:43 Most of the vacant lots seen in this aerial to the
06:38:47 west of the subject site is currently being
06:38:50 redeveloped with multi-family residential.
06:38:52 On to the future land use map, the subject site
06:38:59 and parcels adjacent are all planned at a general
06:39:02 mixed use 24.
06:39:04 That's kind of a unique category in the City of
06:39:07 Tampa.
06:39:08 The category allows for a broad range of uses
06:39:10 frequently characterized by a mixture of
06:39:13 residential, commercial and light industrial uses
06:39:15 with no clear identifiable development trend.

06:39:19 Many of these areas develop prior to zoning and
06:39:21 planning regulations and application of more
06:39:23 specified land use plan categories will create
06:39:26 large number of nonconforming uses and undue
06:39:30 hardships.
06:39:31 The pink color to the west here is that community
06:39:35 commercial -- community mixed use 35, excuse me.
06:39:40 Which allows still for a mixture of uses but does
06:39:43 not allow for that intensive commercial or light
06:39:46 industrial uses.
06:39:47 Overall Planning Commission staff recognize that
06:39:49 is portions of north Hyde Park and west Riverfront
06:39:52 are developing out with higher density
06:39:54 residential, but there are still opportunities for
06:39:56 commercial intensive uses within the GMU 24
06:40:00 designated areas.
06:40:01 CI commercial intensive zoning a present to the
06:40:04 south and directly west of the portion being
06:40:06 rezoned.
06:40:07 The CI zoning district is comparable and
06:40:10 compatible to what is envisioned under the general
06:40:13 mixed use 24 future land use category.
06:40:15 Therefore, based on those findings and the goals,
06:40:18 objectives and policies of the comprehensive plan,
06:40:20 Planning Commission staff finds the rezoning

06:40:23 request consistent with the Tampa comprehensive
06:40:25 plan.
06:40:29 >> Thank you, David.
06:40:30 Mary Samaniego, Land Development Coordination for
06:40:37 the record.
06:40:37 Again, this case is a rezoning request from
06:40:41 commercial general, CG and commercial intensive,
06:40:45 CI, to commercial intensive, CI.
06:40:47 The property, specific property is approximately
06:40:51 103 by 105, for a total lot area of approximately
06:40:56 10,815 square feet.
06:40:58 That property is located approximately 100 feet to
06:41:00 the east of West Cass Street and north Oregon
06:41:04 area -- sorry, avenue intersection.
06:41:06 It is surrounded by light commercial to the north,
06:41:09 west and south, with the vacant lot to the east.
06:41:12 And the minimum site requirements for the CI
06:41:15 zoning district are 10,000 square foot minimum lot
06:41:18 area, with setbacks are the front setback is
06:41:21 10 feet, corner is 10, side is zero and rear is
06:41:25 zero.
06:41:26 The CI zoning district has maximum building height
06:41:29 of 45 feet.
06:41:30 The development must adhere to all City of Tampa
06:41:33 land development regulations at the time of

06:41:36 permitting.
06:41:36 Here is a zoning map of the property.
06:41:41 That property owner right now currently owns the
06:41:46 surrounding properties to the west and south,
06:41:49 which has existing CI for the operation of their
06:41:51 business.
06:41:52 You can see some CG zoning over to the east.
06:41:55 And some larger PD developments to the south.
06:41:59 Here is an aerial photograph of the site.
06:42:05 It is this location again, the property owner
06:42:07 operates their business in this location.
06:42:09 There's a mix of offices to the north.
06:42:13 A vacant lot to the west.
06:42:15 An existing light commercial -- sorry, light
06:42:18 industrial use further to the southwest.
06:42:20 Here is a picture of the existing site off of Cass
06:42:26 Street.
06:42:27 Along Cass further to the east is a vacant piece
06:42:31 of property.
06:42:33 Across Cass is an office building in a
06:42:36 rehabilitated house.
06:42:37 A vacant lot again further to the east, directly
06:42:41 across the street is a small retail use.
06:42:43 Again, office and a retail use across Cass.
06:42:47 Than continuing to the west, more office spaces.

06:42:52 This property is the vacant site that is located
06:42:56 on the intersection of Oregon avenue and Cass
06:43:01 Street.
06:43:02 Directly across the street from the parent, the
06:43:07 larger tract is a industrial use.
06:43:10 On the corner of Cypress -- sorry, Cass and Oregon
06:43:14 is the no hope town homes or multi-family units
06:43:20 to.
06:43:20 The rear of the property is a, another commercial
06:43:24 intensive use.
06:43:25 This is along Oregon Street.
06:43:28 The further extent of the property owner's
06:43:32 business.
06:43:33 Seeing that development review staff has reviewed
06:43:39 the application and finds the request consistent
06:43:41 with the land development code with City of Tampa.
06:43:43 Do you have any questions for me at this time?
06:43:45 >>CHARLIE MIRANDA: Any questions?
06:43:45 Petitioner?
06:43:47 >> Good evening, Mr. Chairman, Councilmembers, my
06:43:55 name is Mark Bentley, 201 North Franklin Street.
06:43:58 I represent the applicant, Michael Tappouni.
06:44:01 I've got a couple documents I'd like to distribute
06:44:03 for Council's consideration.
06:44:05 Marty, would you mind?

06:44:06 Also I'd ask the Council to allow me to have the
06:44:12 clerk receive and file some of the documents.
06:44:14 >>CHARLIE MIRANDA: We'll do that all the time to
06:44:16 everyone, we do that to everyone, you know that.
06:44:37 >> Man Bentley, may I ask you, is this included in
06:44:50 this packet for the clerk?
06:44:52 >> Yes, it is.
06:44:53 >> Okay.
06:44:56 >> Located on the subject property, which overall
06:45:09 is a little more than an acre and Mary indicated
06:45:11 that the two lots in question, there are actually
06:45:14 eight lots.
06:45:15 Six are already zoned CI.
06:45:16 Two are zoned CG.
06:45:17 They've been used historically since roughly 1990
06:45:20 as part of the business.
06:45:21 Just candidly with City Council, there is a
06:45:26 citation pending by code enforcement for the use
06:45:28 of those two lots which our client wasn't aware of
06:45:31 that was inappropriate.
06:45:33 I'll get into that in a second.
06:45:34 Located on the --
06:45:37 >>CHARLIE MIRANDA: I'm sorry.
06:45:37 Hold the record.
06:45:38 I missed that.

06:45:39 Please repeat that again.
06:45:40 >> Sure.
06:45:41 The client has eight lots.
06:45:45 The western portion of that block.
06:45:47 Northeast -- northern two lots are zoned CG.
06:45:50 And the client has been using those two lots since
06:45:55 roughly 1990, as part of the business.
06:45:59 And the problem is, there's some materials and
06:46:01 also some of these portable facilities you use
06:46:04 when you go to a job, like a portable office,
06:46:07 field office.
06:46:08 They're on those properties.
06:46:10 Unbeknownst to the client, he wasn't aware that
06:46:13 that was not authorized under the CG zoning.
06:46:16 So that brings us to where we are today.
06:46:19 >>CHARLIE MIRANDA: Thank you.
06:46:20 I apologize to you.
06:46:21 >> No problem.
06:46:22 Located on the property is Tappouni mechanical
06:46:27 services.
06:46:27 What they do, these are two pages from Tappouni's
06:46:32 web site.
06:46:32 They design and build chill water and condenser
06:46:35 systems for institutional type uses, governments,
06:46:39 research institutes and things like that for

06:46:43 example, I gave you some representative clients, a
06:46:45 list on page two there.
06:46:46 Some of the jobs they've done are City of Tampa
06:46:49 convention center, Hillsborough County center,
06:46:52 Tampa art museum, Tampa history museum, Publix,
06:46:55 Greenwise in Hyde Park and on and on.
06:46:58 The subject property improvements were built in
06:47:01 1922.
06:47:02 They've been in business there since 1985, so
06:47:05 roughly 28 years.
06:47:06 They have -- the dad started the company, Mike
06:47:09 Tappouni.
06:47:11 His two kids graduated from UF school of
06:47:15 architecture and transitioned into the business.
06:47:17 They have 15 employees.
06:47:19 A very viable business.
06:47:20 The issue here is these two lots in question.
06:47:22 They're under the same ownership and always been
06:47:27 under the same tax folio.
06:47:30 Maybe when they had opportunity to go through
06:47:33 zoning conformance, we might not be standing here.
06:47:36 Hate to put you on the spot, David.
06:47:38 I think if staff would've recognized that, they
06:47:41 probably would've been CI.
06:47:42 In any event.

06:47:44 So what the business does on these two particular
06:47:47 lots and also the two lots to the south, they
06:47:49 store some equipment, these portable buildings
06:47:51 that they use for job sites.
06:47:53 On four of the lots and two happen to be zoned CG.
06:47:56 They've done this like I said for a long period of
06:47:58 time.
06:47:59 The property is located at the southeast corner of
06:48:03 Cass and Oregon just west of downtown, just east
06:48:06 of Rome.
06:48:07 I think this area was known as Dobieville.
06:48:10 I don't know if you remember, Mr. Miranda, I think
06:48:14 you were on Council at that time.
06:48:15 When the city enacted its comprehensive plan,
06:48:18 there was such diversity in land uses and zonings
06:48:22 in this area that the imposition of the plan was
06:48:24 going to create a number of nonconformities.
06:48:27 For example, you couldn't expand a single-family
06:48:29 house, get a permit and things like that so what
06:48:31 happened is City Council came up with this land
06:48:33 use category called general mix use and allows
06:48:37 virtually anything you can think of, from
06:48:39 single-family to light industrial.
06:48:42 David read the intent offings MU.
06:48:45 Applied this category so it wouldn't create all

06:48:47 these nonconforms.
06:48:49 So it's a real mixed bag out there.
06:48:51 And one of the permitted uses, zoning
06:48:54 classifications in the GMU is CI.
06:48:57 Also single-family residential and light
06:49:00 industrial.
06:49:01 Over the last few years, as Mary indicated and
06:49:09 David has briefly touched on, to the west because
06:49:12 of the proximity these properties to downtown and
06:49:16 their relatively inexpensive developers have gone
06:49:18 in and built apartments and condos and some of
06:49:21 them do cater UT students in doing that what
06:49:25 they've done is changed the land use plan from
06:49:28 GMU, which is the predominant category in the area
06:49:31 still as we speak, to CMU 35 to maximize the
06:49:35 density and also in doing that they've rezoned the
06:49:37 properties to PD.
06:49:38 So there's this kind of tension or pressure for
06:49:41 this residential come into the picture here in
06:49:44 some of these longstanding uses.
06:49:46 For example, some of these businesses have been
06:49:48 out there for 40 to 50 years, they're well
06:49:50 established and they're not going away.
06:49:53 But anyhow, what you see, it's kind of moving to
06:49:58 the east and actually there's been a couple office

06:50:00 on the client's property over the years as well.
06:50:02 So, for example, I'll show you this picture.
06:50:10 When these condos, I think it's the No Ho flats.
06:50:14 When they were going through the plan amendment
06:50:16 process, no objection for my clients and other
06:50:19 businesses in the community.
06:50:20 Actually they welcomed them with open arms.
06:50:22 Not only the diversity, about you this really
06:50:24 facilitates and promotes one of the city's
06:50:27 policies concerning mobility.
06:50:29 The whole work, live concept where you can
06:50:32 actually live in those units there and go work in
06:50:34 that neighborhood there.
06:50:35 So they had no problem with that and didn't oppose
06:50:39 any residential encroachment.
06:50:41 So what I'd like to do now -- hopefully this
06:50:44 works.
06:50:45 You've already seen the property.
06:50:46 These are the two lots in question.
06:50:50 Two of the eight.
06:50:51 You can see on the aerial, they're heavily treed.
06:50:54 I'll show you a couple photos where there are
06:50:56 buffers on the north side of the trees and
06:50:59 screening there so you'd be hard pressed to see
06:51:02 there's even any storage at the property.

06:51:04 Here's a view of the property from Oregon looking
06:51:07 to the east toward downtown.
06:51:08 Like I said, it was built in 1922.
06:51:12 Here is a view of the two lots in question.
06:51:15 Looking toward downtown.
06:51:17 This is Cass.
06:51:18 Here are the two lots in question.
06:51:20 You can see the significant trees on the property
06:51:24 here's a lot, excuse me, here's a photo looking to
06:51:28 the west.
06:51:28 Rome is down here.
06:51:29 Here's my client's business and here's the two
06:51:31 lots in question with the trees and the screening.
06:51:34 Now, here's my client's property.
06:51:37 This is the intersection of Carmen, east-west.
06:51:41 That's Oregon.
06:51:42 My client's business goes from Carmen all the way
06:51:45 to Cass.
06:51:46 Here's his business.
06:51:47 And here's these condos.
06:51:49 So these condos were built with these properties
06:51:53 here being CI.
06:51:54 The property right here is industrial use is zoned
06:51:56 IG actually, or it's IG on the comp plan as well.
06:52:00 So I think this speaks volumes in terms of

06:52:02 compatibility, that developer would willingly go
06:52:05 into this area and actually develop these high end
06:52:07 condos next to industrial and heavy commercial
06:52:10 uses.
06:52:10 And here's the view -- if you're in these condos,
06:52:19 I guess they call them the No Ho plats.
06:52:22 Here's the view of my clients' property.
06:52:25 The two lots in question, you can't see.
06:52:27 They're over here on the Cass side.
06:52:30 The existing uses David went through all that.
06:52:32 There's a lot of light industrial and heavy
06:52:35 commercial.
06:52:35 What I've done here on the zoning map, I've
06:52:38 identified not only our client's property, but you
06:52:40 can see for example right next, just across the
06:52:44 street is land use zoning industrial general,
06:52:47 commercial intensive, industrial general, just on
06:52:51 the west side of the street.
06:52:53 And he's the PD in question, residential
06:52:55 development.
06:52:55 As I mentioned, it's really important, this is
06:53:00 this eclectic land use category the city created
06:53:03 to avoid creating nonconformities in this area.
06:53:06 And all the blue is the GMU.
06:53:09 And CI is allowed in GMU.

06:53:14 So we are surround by the GMU but for these
06:53:17 residential developments that went in you can see
06:53:19 right here, that's kind of gaps there.
06:53:21 They went to CMU and they've been developed for
06:53:25 residential, or in the process.
06:53:27 And here's the important document.
06:53:29 This still has the city zoning code.
06:53:31 This is called a consistency matrix.
06:53:34 And says here, for example, says GMU, that's the
06:53:37 land use category, and it says the zoning
06:53:41 classification CI is allowed and considered
06:53:45 consistent.
06:53:48 Under the comp plan.
06:53:50 And here is a report published by the staff.
06:53:52 As you can see here in terms of consistency, there
06:53:55 have been no objections from any agency.
06:53:58 So in closing, from my perspective, three
06:54:07 important questions that Council should analyze
06:54:11 and determine the appropriateness of this request.
06:54:14 First is it compatible with the surrounding areas.
06:54:17 Certainly it is based on the land use plan amount
06:54:19 of you saw the photos out there, similar zonings
06:54:22 around the property.
06:54:23 Staff's weighed in, both staffs and made that
06:54:25 determination.

06:54:26 Second question is it consistent with the city's
06:54:29 comp plan?
06:54:29 Clearly it is.
06:54:30 There's no issue there.
06:54:31 And the final question is it consistent with the
06:54:33 city's land development regulations?
06:54:36 And when you review the report from all the
06:54:39 different agencies that weigh in to determine the
06:54:42 applicability and appropriateness of this project
06:54:44 as it relates to the land use regulations, all of
06:54:47 them said it's okay.
06:54:48 So that being said, we would respectfully request
06:54:52 Council's approval of this petition.
06:54:53 If you have any questions, please let me know.
06:54:55 Thank you.
06:54:57 >>CHARLIE MIRANDA: Questions by Councilmembers?
06:54:59 Ms. Mulhern?
06:55:00 >>MARY MULHERN: Mark can probably answer this.
06:55:03 Is in commercial intensive, does it allow
06:55:07 residential?
06:55:09 >> I think there is a special use but I'll defer
06:55:12 to Abbye.
06:55:19 >>ABBYE FEELEY: Abbye Feeley, land development.
06:55:21 There's no mic.
06:55:23 So, yes, residential is permissible in the CI and

06:55:29 it is special use one.
06:55:30 It's an administrative review and it would be
06:55:34 governed by the RM-24 standards.
06:55:37 >>MARY MULHERN: Okay.
06:55:40 So, I just looking at those portables it looked
06:55:46 like when I first saw it, it looked like mobile
06:55:50 homes.
06:55:54 >>ABBYE FEELEY: I believe the issue on this
06:55:55 property is there's open storage on the CG
06:55:57 portion.
06:55:58 An open storage is not permissible in the CI.
06:56:01 That's why he's coming in to bring those two
06:56:03 additional lots to be CI so the open storage would
06:56:06 be legal and that the violation would be gone.
06:56:09 >>MARY MULHERN: But that's not what -- you said
06:56:12 that you wanted -- that you could see it in the
06:56:15 pictures and you said that was part of what they
06:56:17 used.
06:56:18 Right?
06:56:19 >> Yes.
06:56:20 Let me just straighten this out.
06:56:22 I think we are all say the same thing.
06:56:24 >> Construction trailers are modular offices that
06:56:27 his company would take from their property and
06:56:29 place where they're doing work and then bring back

06:56:31 to this property, are considered open storage
06:56:34 under our code.
06:56:36 >>MARY MULHERN: It is not allowed?
06:56:40 >>MARY MULHERN: It will be allowed.
06:56:42 >> It is not permissible in the CG.
06:56:44 It will be permissible in the CI and they will
06:56:47 have to screen it properly once the use is
06:56:49 permissible.
06:56:51 >> But here's the situation, is, the two lots to
06:56:54 the south that already CI are used for that same
06:56:57 use.
06:56:58 I missed this point too.
06:56:59 These guys close at 5:00.
06:57:02 They don't do anything on Saturday and Sunday.
06:57:04 They don't do any work on-site.
06:57:06 It's pretty innocuous use.
06:57:08 The issue is these portable trailers they take to
06:57:12 construction sites.
06:57:13 My clients made a good faith effort to block that
06:57:15 with the screening, plus, it's pretty significant
06:57:17 trees there already.
06:57:18 Thank you.
06:57:21 >>CHARLIE MIRANDA: Mr. Suarez?
06:57:24 >>MIKE SUAREZ: Ms. Feeley, since they -- I was
06:57:27 going to ask Mary, but I'll ask you anyway.

06:57:29 Put your coat on, coming up.
06:57:31 Everyone from Mr. Hay to Mr. Bentley has talked
06:57:36 about the transitional nature of this particular
06:57:40 area.
06:57:41 Okay.
06:57:42 Now, when we're looking at comprehensive plans and
06:57:45 zoning maps, when we start looking at an area -- I
06:57:49 guess when we start looking at our comprehensive
06:57:51 plan, when do we make a decision as to -- let me
06:57:54 put it a better way.
06:57:56 What's the tipping point before we start deciding
06:57:58 whether something is more commercial, like CI, or
06:58:01 CG, and becomes more residential?
06:58:03 I mean, we're in an area now that particular
06:58:06 portion of our zoning atlas that we're shown here
06:58:11 is starting to get a little bit funky, looking a
06:58:15 little bit different.
06:58:16 For our purposes, because Mr. Bentley said it
06:58:19 clearly, which is, you know, we're trying to be
06:58:21 consistent with what our zoning patterns are.
06:58:24 But at the same time zoning patterns are changing.
06:58:26 How do we accommodate these type of conflicting
06:58:31 uses in the future if the zoning map is still the
06:58:35 same when in fact it may have to change?
06:58:38 Do we have to go through the process of change the

06:58:40 zoning atlas itself to see what permissible uses
06:58:44 are?
06:58:44 Or is it more of us making decisions up here on a
06:58:50 case-by-case basis?
06:58:53 >>ABBYE FEELEY: Mr. Bentley and I was listening to
06:58:57 his presentation, presented to you there were some
06:58:59 comp plan amendments in this area.
06:59:01 I actually rezoned these properties, these PD and
06:59:05 PDAs and those were done in '06 and '07.
06:59:10 That was the west end development.
06:59:13 It was proposed by Ken Moran.
06:59:15 It was multi-blocks.
06:59:16 Like eight different blocks.
06:59:17 Since that time, given what occurred in the
06:59:20 market, other changes that happened, we severed
06:59:24 some of those PDs.
06:59:26 One became No Ho flats, which just finished.
06:59:31 Came back before you almost six years after
06:59:33 original rezoning back in '06 since the market had
06:59:36 changed and other things were going to occur.
06:59:38 Those properties were originally the Logan lumber
06:59:41 company that were on those properties.
06:59:43 So it was historically in an industrial area, West
06:59:46 Tampa, you know, in question what's going on here
06:59:51 in my, you know, professional planner opinion, you

06:59:54 still have a lot of those uses and they've been
06:59:58 kind of harmoniously transitioning as these things
07:00:02 have been happening.
07:00:02 Mr. Bentley's client will need to screen this
07:00:05 greater than what it is per code once he
07:00:07 establishes the CI.
07:00:09 So it's not going to look like it is today.
07:00:13 >>MIKE SUAREZ: I think the answer to my question,
07:00:15 I think you answered it in a lot longer than I
07:00:17 thought you were going to do, which is, it's on a
07:00:20 case-by-case basis.
07:00:21 The neighborhoods and places change, based on
07:00:24 who's willing to do something with that particular
07:00:26 plot of land.
07:00:27 When they buy it, correct?
07:00:28 I mean, that's usually -- that's essentially what
07:00:31 you're saying.
07:00:32 >>ABBYE FEELEY: Right.
07:00:32 I think the comp plan acknowledges both that GMU
07:00:35 and that CMU which provide for a mix of uses and
07:00:38 provides for a transition in density and intensity
07:00:42 in this part, coupled with the West Tampa overlay,
07:00:44 you industrial a preservation of character and you
07:00:47 still have the opportunity to do some good
07:00:49 planning and revitalization.

07:00:51 >>MIKE SUAREZ: I see.
07:00:51 But my point is that the characterization changes
07:00:55 when it comes to overlay.
07:00:56 If you wanted to say overlay, it's always going to
07:00:59 be commercial.
07:00:59 But it's not.
07:01:00 I mean, if you understand my point, which is, this
07:01:03 is something that changes on a case-by-case basis
07:01:06 only.
07:01:07 And the reason I asked you in relation to this
07:01:09 particular case is that you know, obviously this
07:01:11 is -- there's residential starting to encroach on
07:01:18 some commercial and some commercial still stay
07:01:20 there.
07:01:20 And Mr. Bentley I think mentioned that his client
07:01:22 has been offered dollars in order to sell their
07:01:25 parcel, probably for residential would be my
07:01:27 guess.
07:01:27 So, you know, we're going to have to struggle with
07:01:31 this particular parcel -- excuse me, this
07:01:34 particular map for a while because I think we're
07:01:37 going to see more and more of these kind of
07:01:39 projects that are going to bump up against each
07:01:41 other.
07:01:41 I wanted to make sure that we didn't miss anything

07:01:44 in terms of the comprehensive plan.
07:01:46 Thank you, chair.
07:01:47 >>CHARLIE MIRANDA: Mr. Reddick?
07:01:49 >>FRANK REDDICK: Thank you.
07:01:50 Mr. Bentley, I've heard the words screen used
07:01:54 several times now.
07:01:55 What do your clients plan on doing to screen that
07:02:01 area so that these trailers won't be an eyesore to
07:02:05 those people in those condos?
07:02:08 >> We'll do whatever we can within the context of
07:02:10 the law.
07:02:12 Abbye would be the one to weigh in on that whether
07:02:14 it's vegetation or fencing, Councilman.
07:02:18 We have got to correct that situation.
07:02:19 We have been to code enforcement.
07:02:22 They stayed this issue so we could come before you
07:02:24 and also that's part of the deal here, we have to
07:02:27 screen per code.
07:02:28 >>FRANK REDDICK: Okay.
07:02:29 Let me ask Ms. Feeley, what is they allowed to do?
07:02:44 >> I happen to have that section of the code right
07:02:45 here.
07:02:46 It is section 27-28212 for open storage.
07:02:51 You're required to screen depending on what the
07:02:53 adjoining uses are.

07:02:54 The required -- hold on one moment while I read
07:03:00 through here.
07:03:01 Required fencing, adjoining to residential, ten
07:03:08 feet, with a setback three feet.
07:03:10 Storage immediately abutting, separated by alley
07:03:15 or other residentials on property, must have an
07:03:18 architecturally finished masonry wall at least six
07:03:23 feet high in height along the boundary of the
07:03:25 storage area along the entire residential
07:03:27 district.
07:03:28 >>FRANK REDDICK: Sounds like they have so many
07:03:30 different options, based on what I've been hearing
07:03:32 from you just now.
07:03:34 >> Yes, they have different options.
07:03:35 More substantial than the chain link fence that's
07:03:38 there now.
07:03:39 Sounds like they'd have to puts some sort of
07:03:41 masonry wall up.
07:03:43 >>FRANK REDDICK: So is it up to Mr. Bentley client
07:03:45 to determine what they, what option they want to
07:03:48 use?
07:03:49 >> Yes, within, the options laid out in the code.
07:03:53 >>FRANK REDDICK: Okay.
07:03:54 All right.
07:03:55 Thank you.

07:03:56 >>CHARLIE MIRANDA: Any other Councilmembers?
07:03:57 Let me say this I understand what everyone said.
07:04:03 One time that was all commercial.
07:04:05 All industrial warehouses, from the '60s.
07:04:10 There was Mary bella fish company, no longer there
07:04:14 a service station opposite east, no longer there.
07:04:16 There was old Maas brothers warehouse was across
07:04:23 the street from the apartments.
07:04:25 They're no longer there.
07:04:26 And things of that nature.
07:04:27 And any property within the perimeters of eyesight
07:04:30 of downtown is going to change.
07:04:33 And change rapidly into few years to come, because
07:04:37 from what I see from other items that we look at
07:04:40 the water projection for this area, you're looking
07:04:43 at about over 400,000 people coming into this
07:04:46 county alone in the next 15, 20 years.
07:04:50 So, these are things are going to happen.
07:04:53 These are things that are going to change.
07:04:54 I'm not saying for or against this project.
07:04:57 I'm just saying why the area is changing.
07:04:59 And that's all I got to say.
07:05:02 Anyone else?
07:05:02 Anyone in the public care to speak on this item,
07:05:05 item 3 REZ 14-22, please come forward.

07:05:15 >> Good evening.
07:05:15 My name is Ruth McNair.
07:05:18 And I live 1121 west Nassau street.
07:05:25 I've been in the West Tampa area since 1947.
07:05:28 And I've been in the present home that I live in
07:05:32 56 years.
07:05:32 And I love West Tampa and that's why I usually try
07:05:36 to fight for it.
07:05:38 And I'm really kind of upset about what I am
07:05:41 hearing about this project.
07:05:42 Because I went by there and looked at it and when
07:05:47 you look at all these trailers and things, we do
07:05:49 not want our neighborhood to look like that.
07:05:51 I'm just so disgusted, I can't hardly even talk.
07:05:56 We organized west Riverfront in '93.
07:06:03 I've been the president from then until now.
07:06:05 We named our association after Riverfront Park.
07:06:12 And we love our area.
07:06:14 And we have seen a lot of changes, but we really
07:06:18 would like to not destroy our neighborhood.
07:06:21 But looking at the site down there, when I got the
07:06:24 letter, I called Mr. Bentley -- I couldn't get --
07:06:31 didn't hear from him when I first called.
07:06:33 Then when I did call him again, he answered and he
07:06:36 tells me that this trailer thing that you, you

07:06:41 can't see.
07:06:42 You can see it.
07:06:43 It is an eyesore.
07:06:44 And we do not want that in our neighborhood.
07:06:46 So, we want things to come to our neighborhood,
07:06:51 but we don't want the, to degrade our
07:06:55 neighborhood.
07:06:56 So I'm really -- I really don't know what you're
07:06:59 going to do, but I am not pleased with the way
07:07:01 this is going.
07:07:02 Thank you.
07:07:03 >>CHARLIE MIRANDA: Thank you very much.
07:07:04 Next please?
07:07:05 >> Good afternoon, Council.
07:07:10 My name is Delphine Jones, assistant coordinator.
07:07:16 And there are a lot of changes going on.
07:07:19 We know different things are going to be coming up
07:07:21 and different changes.
07:07:22 But my issue is, like she stated.
07:07:26 What are they going to do to improve the site
07:07:28 because I mean when you go by there, obviously,
07:07:31 the little partition or whatever, that little
07:07:33 fence or whatever is, you can see through it.
07:07:36 It's not the best thing and the most suitable
07:07:38 thing.

07:07:39 And you can see whatever is back there from the
07:07:41 street, you can see it.
07:07:43 Okay, they've been there for a while, but I've
07:07:45 been where I am for 55 years.
07:07:47 I am 55 years old.
07:07:48 And like she said, we have been organized for 20
07:07:51 years.
07:07:51 And everything we do a volunteer work.
07:07:54 We don't get paid for what we do.
07:07:56 And it's countless every day.
07:07:59 Every week I'm in two to three meetings, three to
07:08:01 four meetings.
07:08:02 So, if it is approved, I need to see some barrier
07:08:06 and some changes.
07:08:07 Thank you.
07:08:10 >>CHARLIE MIRANDA: Thank you very much.
07:08:10 Anyone else in the audience care to?
07:08:13 Ms. Mulhern?
07:08:15 Ms. Capin?
07:08:17 >>YVONNE CAPIN: Could you be more clear as to what
07:08:20 the options will be as far as the height and what
07:08:23 the materials options are when, if this is
07:08:28 rezoned, what is required by code?
07:08:32 Because apparently it didn't get across to the
07:08:34 audience, or at least it's not satisfactory.

07:08:42 >>ABBYE FEELEY: Let me just clarify that.
07:08:44 First of all, they are limited to six foot in
07:08:50 height of stacking.
07:08:52 If it's higher than that then they have to set
07:08:54 that back and they also have to provide a higher
07:08:58 fence or wall.
07:08:59 So, it says when you are within open storage areas
07:09:04 that do not abut residential use, or residential
07:09:08 district, for anything over eight foot, you're
07:09:12 required and eight-foot wall or fence.
07:09:15 So they're going to have to place an eight-foot
07:09:17 wall or fence along Cass to block that, those
07:09:22 trailers.
07:09:23 Furthermore, it has heights for those.
07:09:29 If they're at 8-foot, then they have to be set
07:09:32 back a minimum of ten foot.
07:09:33 So they can't be right up on that wall at eight
07:09:36 foot.
07:09:37 They're going to have to be ten foot back with an
07:09:39 eight feet wall.
07:09:41 If it's above eight feet, up to 20 feet, they have
07:09:43 to set back 20 feet.
07:09:45 So they're going to have to then -- they're going
07:09:47 to having to locate these in a way that is
07:09:49 consistent with the code provision.

07:09:51 Here is one other thing.
07:09:52 Right now, that piece of property is not allowed
07:09:56 to have storage or the storage of these modular
07:09:59 units or whatever.
07:10:00 So they cannot comply with or have not been
07:10:04 reviewed for compliance with this provision of
07:10:07 code.
07:10:08 Once this zoning would change and allow for it,
07:10:11 then they need to come in to construction
07:10:13 services.
07:10:13 We need to review and they need to come into
07:10:16 compliance.
07:10:17 That's the only way that the violation that's
07:10:19 currently on the property is going to be able to
07:10:22 be rectified.
07:10:24 >>YVONNE CAPIN: That was perfectly clear and I
07:10:27 hope that the public understood, because it is a
07:10:32 ten foot setback from the.
07:10:37 >>ABBYE FEELEY: From Cass, with an eight-foot
07:10:38 wall.
07:10:39 So could be PVC, masonry.
07:10:44 It's not going to be the chain link that's out
07:10:48 there that's not acceptable by code.
07:10:50 >> Thank you.
07:10:50 >>CHARLIE MIRANDA: Ms. Mulhern?

07:10:52 >>MARY MULHERN: You guys always trying to run away
07:10:57 before you should.
07:10:58 So, obviously these trailers are tall enough that
07:11:07 people can walk around in them.
07:11:09 And they're off the ground, so they are going to
07:11:12 be more than eight feet tall.
07:11:16 >>ABBYE FEELEY: Yeah.
07:11:19 >>MARY MULHERN: So that means, they don't -- they
07:11:20 have to build and eight-foot wall bah 20-foot
07:11:24 setback?
07:11:24 Is that what you said?
07:11:31 >>ABBYE FEELEY: If I could have the Elmo, please.
07:11:35 >>MARY MULHERN: Does the fence have to be -- I
07:11:38 assume it has to be masonry or PVC, so that means
07:11:44 it's going to be opaque?
07:11:45 Right, it's not going to be a slatted fence where
07:11:50 you can see through it?
07:11:52 >>ABBYE FEELEY: That's correct.
07:11:53 Here it tells you the required fence or wall
07:11:55 height.
07:11:55 And maximum pile or stacking height.
07:11:58 In this case, it's not a pile of materials.
07:12:01 It's this trailer, so that's still considered the
07:12:05 material that's being stored there.
07:12:06 So, from eight foot to 20-foot, you would need the

07:12:13 eight-foot wall.
07:12:14 Then you have to have a minimum front setback,
07:12:16 that would be off of Cass, of ten foot or 20 foot,
07:12:20 so it's going to be the ten and on, like I said,
07:12:23 we're going to have to review what they're storing
07:12:26 there and how it's being stored so we will know
07:12:29 what the setback will be.
07:12:31 I would say 20 feet.
07:12:33 >>MARY MULHERN: So eight feet, 20 feet.
07:12:37 >>ABBYE FEELEY: Going to be eight foot wall.
07:12:40 It just says fence or wall.
07:12:43 So opaque material --
07:12:46 >>MARY MULHERN: Okay, so between eight and 20, it
07:12:51 will be 20-foot minimum setback?
07:12:55 >>ABBYE FEELEY: Yes.
07:12:55 So that eight feet is going to be placed on the
07:12:58 property line.
07:12:58 Then you cannot have those trailers that first
07:13:01 20 feet.
07:13:02 It's going to have to be set back a minimum of
07:13:04 20 feet before you could place those there.
07:13:07 >>MARY MULHERN: That is set back from Cass Street?
07:13:10 >> The property line.
07:13:11 No, this piece is actually internal.
07:13:15 It's not a corner.

07:13:22 This is their main peels.
07:13:24 But the piece we're talking about is here.
07:13:26 >>MARY MULHERN: So the setback is from every side?
07:13:28 >> No, it's the front yard.
07:13:31 >>MARY MULHERN: That's the front.
07:13:32 >> So that would be the front would be 20.
07:13:34 The side would be a minimum of three, it could be
07:13:37 up to ten.
07:13:38 There is no corner setback.
07:13:40 And then the rear would be ten.
07:13:42 >>MARY MULHERN: Okay.
07:13:43 So, is that where the trailers are right now?
07:13:48 >>ABBYE FEELEY: Yes.
07:13:48 >>MARY MULHERN: On Cass side?
07:13:50 >>ABBYE FEELEY: Yes.
07:13:51 >>MARY MULHERN: And that's where they're going to
07:13:52 stay?
07:13:52 Is the.
07:13:53 >> Leaser the situation.
07:13:54 Lots in question, the depth off Cass is roughly a
07:13:57 hundred feet.
07:13:57 But they own an additional lot to the south.
07:14:00 So they have 200 feet.
07:14:01 So we can shift everything back and meet code and
07:14:04 put screening up.

07:14:06 But we're going to have to push everything back to
07:14:07 answer your question.
07:14:08 >>MARY MULHERN: I think, you know, if you would've
07:14:12 done this as a PD, we could've, you could've
07:14:13 proposed some even better screening than probably
07:14:17 would've.
07:14:18 >> It's been there since '22.
07:14:21 Just didn't seem like it was realistic or made a
07:14:24 lot of sense.
07:14:25 >>CHARLIE MIRANDA: Any other Councilmembers?
07:14:26 Mr. Cohen?
07:14:28 >>HARRY COHEN: It appears to me that if by twist
07:14:33 of fate, this were reversed and the buildings that
07:14:37 are on the CI piece were actually where the
07:14:40 storage is located, and the storage were on the
07:14:44 other side, it would be allowed and we wouldn't
07:14:47 even be sitting here, is that correct?
07:14:49 >> That's correct.
07:14:50 >>HARRY COHEN: Okay.
07:14:51 >>CHARLIE MIRANDA: One last time.
07:14:52 Anyone in the audience who has not spoken care to
07:14:55 speak on this item?
07:14:56 Item 3, REZ 14-22.
07:14:59 Sigh no one.
07:14:59 Need motion to close.

07:15:00 Have motion by Ms. Montelione to close, seconds by
07:15:03 Mr. Cohen.
07:15:03 Further discussion by Councilmembers?
07:15:04 All in favor of the motion, please indicate by
07:15:06 saying aye.
07:15:06 Opposed nay.
07:15:08 Who will care to read this ordinance?
07:15:12 Okay.
07:15:14 Ms. Montelione, will you kindly read this
07:15:21 ordinance?
07:15:30 >>LISA MONTELIONE: I thought we were going in
07:15:32 order like we usually do.
07:15:33 >>CHARLIE MIRANDA: Got to wake up myself.
07:15:35 >>LISA MONTELIONE: So this is item number 3.
07:15:37 I move an ordinance for first reading
07:15:40 consideration.
07:15:41 An ordinance rezoning property in the general
07:15:43 vicinity of 1344 West Cass Street and 1319 west
07:15:46 Carmen street in the City of Tampa, Florida more
07:15:48 particularly described in section 1 from zoning
07:15:50 district classification CG commercial general and
07:15:54 CI commercial intensive to CI commercial
07:15:56 intensive, providing an effective date.
07:15:58 >>CHARLIE MIRANDA: I have a motion by
07:15:59 Ms. Montelione, I have a second by Mr. Cohen.

07:16:01 Further discussion by Councilmembers?
07:16:03 All in favor of the motion, please indicate by
07:16:04 saying aye.
07:16:05 Opposed nay.
07:16:06 Motion passes 6-1.
07:16:10 >> Thank you very much for tour consideration.
07:16:11 Have good evening.
07:16:13 >>THE CLERK: Motion carried with Reddick voting
07:16:15 no.
07:16:16 Second reading and adoption will be June 26,
07:16:18 9:30 a.m.
07:16:19 >>CHARLIE MIRANDA: Item number 4.
07:16:21 >> Mary Samaniego for the record.
07:16:34 The item before you now is Special Use-2, 14-07,
07:16:38 it is for property located at 4104 north Glen
07:16:42 Avenue.
07:16:43 It is currently zoned RS-50, single-family
07:16:46 residential and RO-1, residential office.
07:16:49 Again this is a proposed special use for a public
07:16:51 service facility, which is the TECO transmission
07:16:54 station.
07:16:55 Because this is special use, there are no waivers
07:16:57 requested.
07:17:03 >> Good afternoon, Councilmembers, David Hay with
07:17:06 your Planning Commission staff and I have been

07:17:08 sworn.
07:17:08 We stay in the central Tampa planning district for
07:17:11 the next case.
07:17:11 Located at the southwest corner of Ohio avenue and
07:17:14 Glen Avenue.
07:17:15 The subject site is located just one block east of
07:17:19 Raymond James Stadium.
07:17:19 And just south of the site of the former Tampa Bay
07:17:23 center.
07:17:24 The mall there.
07:17:25 The western most portion of the subject site, the
07:17:28 residential 20 part falls within the boundaries of
07:17:31 the Westshore business center.
07:17:33 The site is also located in proximity to the West
07:17:36 Tampa transfer center for HART.
07:17:39 On to the aerial, I'm using the zoomed-out one.
07:17:43 You should have a closer-up version in your
07:17:46 packet.
07:17:46 Here you can see on Dale Mabry, Boy Scout, Himes
07:17:52 and there's the subject site right there you can
07:17:57 also make out Dr. Martin Luther King, Jr.
07:18:00 Boulevard running east-west.
07:18:01 The Tampa Bay mall site, the former Tampa Bay
07:18:06 center is right there and there's Raymond James
07:18:13 right to the west.

07:18:13 You can see the subject site sits in a transition
07:18:16 area between the intense uses to the west and
07:18:19 north and the predominant single-family detached
07:18:23 residential pattern to the east and south.
07:18:26 On to the future land use map, again, it's kind of
07:18:31 zoomed out.
07:18:32 This also shows that the area sits in a transition
07:18:37 zone between those intense uses to the west and
07:18:40 north with the public quasi-public in the blue to
07:18:43 the ever mixed use 60 in the pink to the north.
07:18:46 The other pink located to the southwest of the
07:18:48 subject site is the community mixed use 35.
07:18:51 And the brown to the west being residential 35.
07:18:57 To the east, the tan color is the residential 10.
07:19:01 The Planning Commission staff found the proposed
07:19:03 special use to expand the utility station is
07:19:06 appropriate for the area and if adequately
07:19:09 screened would not have any negative impacts on
07:19:13 residential uses.
07:19:14 Should be noted during the site review process,
07:19:16 planning staff encouraged the applicants to
07:19:18 provide sidewalks adjacent to the subject site
07:19:20 since the site is located adjacent to a number of
07:19:23 existing and planned high intensity uses.
07:19:26 It is the Planning Commission staff's

07:19:28 understanding that that issue will be dealt with
07:19:31 at permitting.
07:19:32 With that addressed, Planning Commission staff
07:19:34 found the special use request consistent with the
07:19:37 Tampa comprehensive plan.
07:19:38 >> Mary Samaniego for the record.
07:19:46 The application -- same oar, the applicant is
07:19:49 requesting special use for the property at 4104
07:19:52 north Glen Avenue for public service facility to
07:19:56 expand the existing TECO facility to the west.
07:20:00 On an additional 1.38 acres.
07:20:03 The expansion is to construct an additional TECO
07:20:06 transmission tower and associated support
07:20:08 equipment structures.
07:20:09 The proposed structure will consist of the same
07:20:12 type of transmission tower as is already present
07:20:15 on the site.
07:20:16 There will be parking area located on the site for
07:20:19 service vehicles.
07:20:21 However, use does not require standing parking.
07:20:23 The proposed structure meets all of the RS-50 and
07:20:27 R 1 setback requirements, 25 feet.
07:20:29 From the front, to from the rear and 7 from side.
07:20:33 The new facility on the western portion of the
07:20:35 site will have an eight foot high privacy fence,

07:20:38 on the west, north and south side, as well as
07:20:41 required vehicle use area landscape buffer.
07:20:44 In your packet of your staff report, you have some
07:20:47 revision sheets for some corrections to be made
07:20:51 before first and second reading if this
07:20:54 application is moved forward.
07:20:55 The transmission -- sorry, the transportation
07:20:59 comments are mostly about delineating parking
07:21:02 space for any employees that would be working on
07:21:04 the site.
07:21:05 Natural resources just had some comments about
07:21:10 cleaning up the data table for the vehicle use
07:21:13 area buffering.
07:21:13 I'm going to Elmo, I will show you some
07:21:17 information about the site.
07:21:18 Here is a zoning M-AP of the site.
07:21:20 Again, you can see the residential 50 over to the
07:21:24 east.
07:21:24 Office to the north and to the other part of the
07:21:29 south site.
07:21:30 And to the direct east -- sorry, to the direct
07:21:36 west is office.
07:21:37 And that PD.
07:21:39 Here is an aerial photograph of the site.
07:21:46 Primarily the expansion area will be in this

07:21:49 western portion where you can see an existing tree
07:21:51 line.
07:21:52 They will expand the same type of facilities and
07:21:55 towers that are there now.
07:21:57 Add another row of them for this project.
07:21:59 Here is some pictures of the site.
07:22:02 It has three, streets on three sides.
07:22:12 This is Woodlawn.
07:22:13 Looking at the existing site, continuing down,
07:22:18 this shows the existing fencing.
07:22:20 And some patchy shrubbery which the applicant and
07:22:23 property owner is committed to filling in.
07:22:26 Shrubbing that has died.
07:22:28 So they'll fill in some of those holes with new
07:22:31 shrubs to add as buffering for residential across
07:22:33 the street.
07:22:34 Further down some office buildings on Woodlawn.
07:22:37 Across the street on Woodlawn is another large
07:22:41 office building.
07:22:41 There are some residential vacant property
07:22:44 directly across the street on Woodlawn.
07:22:48 Again, some vacant property I think currently used
07:22:50 for overflow parking for the stadium.
07:22:53 On the corner of Woodlawn and Glen, there is
07:22:56 single-family residential.

07:22:57 This is look at the greater site from Glen, again
07:23:01 utility structure.
07:23:02 Where single-family residential across from Glen.
07:23:06 Single-family residential directly across the
07:23:09 street from Glen.
07:23:10 And another picture from Glen back at the site.
07:23:13 You can see the transmission towers and the
07:23:17 required fencing.
07:23:18 This is from Ohio street looking at the site.
07:23:21 This is where the location, generally where the
07:23:24 towers will be placed.
07:23:26 Again, following, continuing east along Ohio.
07:23:30 Site of existing towers and existing facility.
07:23:33 And this is the corner of Ohio and Glen.
07:23:35 And to the west and Ohio you can see an office
07:23:39 building that intersection with Himes.
07:23:43 And across the street on Ohio is a large expanse
07:23:47 of overflow parking for the stadium.
07:23:50 Staff has done a review of the site as well as the
07:24:00 specific requirements for the special use
07:24:02 requirement for public service facility.
07:24:04 Saying that the development committee has reviewed
07:24:09 the request and finds the request consistent with
07:24:11 the land development code provided that the
07:24:14 required modifications are made between the first

07:24:17 and second reading of the ordinance.
07:24:19 That's all I have right now.
07:24:20 Have any questions?
07:24:21 >>CHARLIE MIRANDA: Ms. Mulhern?
07:24:22 >>MARY MULHERN: Thank you.
07:24:23 Could you point out again, where's -- is there one
07:24:27 new tower going in?
07:24:28 Or more than one?
07:24:33 >> There's a series of towers going in.
07:24:35 I believe on your site plan -- let me pull it out
07:24:38 here.
07:24:39 I'm thinking there are three.
07:24:45 >>MARY MULHERN: Soy, where are the new towers
07:25:05 going?
07:25:05 >> In this location right here.
07:25:07 Those will be taken out.
07:25:10 And the transformers replaced in that area.
07:25:13 >>MARY MULHERN: The trees will be taken out?
07:25:14 >> Yes.
07:25:15 >>MARY MULHERN: And then -- okay.
07:25:17 And what is stated in there?
07:25:19 Looks like it's PD.
07:25:21 What is the land use designation?
07:25:23 Or the zoning?
07:25:26 Is that the office building?

07:25:31 >> To the direct west?
07:25:36 >>MARY MULHERN: Yes.
07:25:36 >> That is office.
07:25:37 >>MARY MULHERN: That's office.
07:25:38 Okay.
07:25:38 It looks like they're -- can they be required or
07:25:52 are we requiring them to put in more landscape
07:25:55 buffering?
07:25:56 >> Yes.
07:25:58 They are required to put in more landscape
07:26:00 buffering to screen from the adjoining uses.
07:26:03 Because vehicle use area, we consider entire
07:26:07 gravel area to be vehicle use area, so they're
07:26:09 required to do some buffering in the form fencing
07:26:12 and shrubbery as buffering.
07:26:16 >>MARY MULHERN: Okay.
07:26:18 I guess that's on here.
07:26:20 It's very hard -- I can't tell if -- what is on
07:26:26 this site plan, if it's the existing trees or what
07:26:32 they're putting in?
07:26:33 Very faint.
07:26:35 On the second page of the site plan.
07:26:41 >> They're required to put in a proposed hedge.
07:26:46 Three foot required buffer within the entire ten
07:26:49 foot buffer area.

07:26:50 And then they're relocating the eight foot high
07:26:56 center fence to the new property line to the west.
07:26:59 And then on the PD, like I said, for the office
07:27:04 directly to the west, they also have a line of
07:27:06 shrubs serving as a buffer from their parking lot.
07:27:10 >>MARY MULHERN: So there's not any change to the
07:27:12 rest of the site, so the residential that's
07:27:15 abutting it on the, on the east and the south,
07:27:23 there won't -- they're not required to do any new
07:27:25 landscape?
07:27:26 >> No, they're not required to.
07:27:27 Because really we're just looking at that western
07:27:29 portion.
07:27:29 However, like I said before, applicant has
07:27:31 committed to upon field visit, we noticed there
07:27:36 are roads of hedges along Woodlawn.
07:27:39 And there are some holes.
07:27:40 So looks like some.
07:27:42 Hedging they put in has died over the years.
07:27:44 They've committed to replacing that hedging to
07:27:46 form more consistent barrier and buffer up against
07:27:50 those residential properties on the other side of
07:27:52 Woodlawn.
07:27:54 >>MARY MULHERN: Thank you.
07:27:55 >>CHARLIE MIRANDA: Any other Councilmembers?

07:27:56 Ms. Capin?
07:27:57 >>YVONNE CAPIN: I'm going to ask about the fence.
07:27:59 Is there a reason why it's a chain link fence?
07:28:02 Is it because of what is in there?
07:28:06 Or?
07:28:09 >> There are requirements given the nature of the
07:28:12 TECO substation, there are building and fire
07:28:15 requirements as far as the type of material that
07:28:18 can be proximity to these transformers.
07:28:21 But I can let the applicant more detailed about
07:28:24 that.
07:28:25 >>YVONNE CAPIN: Thank you.
07:28:26 >> You any other Councilmembers?
07:28:27 Petitioner?
07:28:29 >> Thank you.
07:28:32 >>CHARLIE MIRANDA: You're welcome.
07:28:33 Petitioner?
07:28:33 >> Daniel Peters with AV Engineering.
07:28:43 208 Holland Avenue, Temple Terrace.
07:28:46 I could probably answer the more specific
07:28:47 questions that you were just asking.
07:28:49 The main reason they use chain link is they get a
07:28:52 lot of intruders.
07:28:53 People go in there, they can die.
07:28:55 So, basically Tampa electric drives by there

07:28:58 enough times to make sure there are no intruders
07:29:02 and safety is met.
07:29:03 Also the combustible of the fence as well.
07:29:06 >>YVONNE CAPIN: That was the question that I
07:29:07 asked.
07:29:08 So, if the chain link fence, you get a bolt cutter
07:29:14 and you can cut that fence -- this is what I was
07:29:16 wondering.
07:29:16 Why is it a chain link fence?
07:29:18 Why is it not a concrete fence?
07:29:22 Why is it not cement block?
07:29:24 If you're trying to keep people out, I thought
07:29:27 maybe had it something to do with what is in there
07:29:30 and why there was a chain link fence.
07:29:32 >> Well, they also choose the metal because TECO
07:29:34 has what's called a grounding grid for their
07:29:37 station.
07:29:37 So all the fences have to be grounded.
07:29:40 And that's why they need a chain link fence.
07:29:43 Plus, security.
07:29:43 There's lighting throughout too to see intruders.
07:29:47 >>YVONNE CAPIN: There's what?
07:29:48 >> There's enough lighting out there for police
07:29:50 and whomever to actually see the intruders.
07:29:52 Other than that --

07:29:55 >>YVONNE CAPIN: Thank you.
07:29:56 >> We concur with the staff report.
07:29:58 >>YVONNE CAPIN: You answered why there's a chain
07:29:59 link fence.
07:30:00 Because it needs to be grounded.
07:30:01 >> Needs to be grounded and for security.
07:30:03 >>YVONNE CAPIN: And for security?
07:30:05 >> Right.
07:30:06 >>YVONNE CAPIN: It has the -- has barb wire at the
07:30:10 top?
07:30:11 >> No.
07:30:11 >> Only in the gate.
07:30:14 >>YVONNE CAPIN: There's something, I saw something
07:30:16 somewhere.
07:30:16 Maybe not.
07:30:17 No?
07:30:18 >> This will be the vinyl coating.
07:30:23 Won't look like a prison fence.
07:30:25 It will have enough buffering on the outside of
07:30:28 the fence and they put it on the outside basically
07:30:30 because it's easier to maintain and there's
07:30:33 liability when people go into a live substation.
07:30:37 >>YVONNE CAPIN: Thank you.
07:30:38 I'm done.
07:30:39 >>CHARLIE MIRANDA: Ms. Montelione?

07:30:41 >>LISA MONTELIONE: Thank you.
07:30:41 I think this is more for Ms. Feeley than it is for
07:30:47 you.
07:30:48 If you know, you certainly can address it.
07:30:50 There is TECO property on South MacDill that does
07:30:55 not have chain link.
07:30:56 That has, I believe it's an opaque wall.
07:31:00 Right?
07:31:02 South MacDill.
07:31:05 >> Only on part of it though.
07:31:07 It's not the whole thing.
07:31:08 I know which one you're talking about.
07:31:11 >>ABBYE FEELEY: Let me just say this.
07:31:14 This is an existing public service facility and
07:31:17 they are expanding that western portion.
07:31:19 So really we cannot force the entire site to come
07:31:22 into compliance for the expansion.
07:31:24 The expansion portion could be adjusted.
07:31:28 There is opaque fencing on the southern property
07:31:30 that Mary had showed you.
07:31:32 So it's not visible from that portion of the site.
07:31:40 There are limitations to the amount of plantings
07:31:43 that can go inside the fence because you don't
07:31:45 want trees and shrubs and things in close
07:31:48 proximity to these transformers and the amount of

07:31:51 voltage going on because potential fire hazard.
07:31:57 So, we have asked them to plant some hedges,
07:32:00 higher, larger hedges that will provide opacity to
07:32:07 that chain link so you won't be seeing so much.
07:32:09 But really, had the expansion not come in for
07:32:15 request, the facility the way it is today is in
07:32:18 compliance.
07:32:18 So I just want to be kind of clear on where our
07:32:21 area of focus is in relationship to the existing
07:32:24 facility and what improvements can be made.
07:32:27 >>CHARLIE MIRANDA: Let me say this is a, like I'm
07:32:30 going back to nine.
07:32:31 When I was two years old, I got elected.
07:32:34 I was sitting where Ms. Montelione was.
07:32:36 And Joe Chillura was sitting where Mr. Suarez was
07:32:41 at.
07:32:41 This facility, same one, same location about, half
07:32:43 the size.
07:32:44 And during the expansion program of hospitals and
07:32:49 stadiums and this, that and the other, they needed
07:32:52 more power, needed more area.
07:32:55 And it was Mr. Chillura to his credit who started
07:32:59 the tree ordinance in the city and started asking
07:33:04 individuals, like TECO, to do something so that
07:33:09 you just wouldn't see these arms sticking out with

07:33:12 these transformers and stuff of this nature.
07:33:14 And I think this is one of the first ones that got
07:33:17 something out of this Chillura ideology for the
07:33:23 future of the City of Tampa.
07:33:24 So just want to thank Joe Chillura for what he
07:33:28 did.
07:33:29 And at two years old, want to thank myself for
07:33:31 remembering that.
07:33:31 [ Laughter ]
07:33:32 >> Here's where we are.
07:33:33 And I don't want to take time of the petitioner
07:33:36 and the audience.
07:33:37 Petitioner, are you finished with your
07:33:39 presentation?
07:33:39 >> Yes.
07:33:40 >>CHARLIE MIRANDA: Anyone in the audience care to
07:33:41 speak on item number 4?
07:33:44 SU2 14-07.
07:33:46 I see no one.
07:33:48 Need a motion to close.
07:33:50 >> Move to close.
07:33:51 >>CHARLIE MIRANDA: Motion to close by Ms. Capin,
07:33:53 second by Mr. Cohen, further discussion by
07:33:55 Councilmembers?
07:33:55 All in favor of the motion, please indicate by

07:33:57 saying aye.
07:33:57 Opposed nay.
07:33:59 The ayes have it unanimously.
07:33:59 Mr. Reddick, would you kindly take number four
07:34:02 please?
07:34:03 >>FRANK REDDICK: Thank you, Mr. Chair.
07:34:04 Move an ordinance being presented for first
07:34:05 reading consideration.
07:34:06 An ordinance approving a special use permit S-2,
07:34:10 approving a public service facility, TECO
07:34:13 transmission station, in an RS-50 residential
07:34:17 single-family and RO-1, residential office, zoning
07:34:21 district in the general vicinity of 4104 north
07:34:24 Glen Avenue in the City of Tampa, Florida and as
07:34:27 more particularly described in section 1 hereof
07:34:30 providing an effective date.
07:34:30 >> Have a motion by Mr. Reddick, have a second by
07:34:33 Mr. Suarez.
07:34:34 Further discussion by Councilmembers?
07:34:35 All in favor of the motion, please indicate by
07:34:37 saying aye.
07:34:38 The ayes have it unanimously.
07:34:41 >> Motion carried unanimously.
07:34:43 Second reading and adoption June 26 at 9:30 a.m.
07:34:46 >>CHARLIE MIRANDA: Just for the record, item

07:34:47 number 5 will be held at later date.
07:34:49 That was done earlier this evening.
07:34:51 We.
07:34:52 >> Now to item number 6.
07:34:53 >> Thank you, Council.
07:35:00 Item number 6, Abbye Feeley, Land Development
07:35:03 Coordination, is case REZ 14-17.
07:35:08 Located at 5332 Avion Park Drive.
07:35:12 And their request before you tonight is from PD,
07:35:15 planned development, office, business professional
07:35:17 and medical hotel, airport shuttle service,
07:35:21 principal parking, general retail, restaurant and
07:35:22 vehicle leasing, to PD, planned development,
07:35:24 office, business professional and medical, college
07:35:27 and or pharmacy.
07:35:30 >> Good evening, Councilmembers, David Hay again
07:35:36 with the Planning Commission staff and I have been
07:35:38 sworn.
07:35:39 This next case we head over to the Westshore
07:35:42 planning district.
07:35:43 The subject site known as Avion Park is located
07:35:46 just to the south of Tampa International Airport.
07:35:48 Near the southwest corner of north O'Brien Street
07:35:52 and west Spruce Street.
07:35:54 The subject site is also located within the

07:35:56 boundaries of the Westshore Business District.
07:35:58 On to the aerial, this one's pretty zoomed out.
07:36:04 I wanted to show this one because it shows the
07:36:08 major players that's happening within the
07:36:11 Westshore area.
07:36:12 To the north and east are properties associated
07:36:16 with Tampa International Airport.
07:36:18 To the west, we have the interchange for memorial
07:36:23 highway and the Spruce Street and entrance to TIA,
07:36:26 that whole big huge interchange there.
07:36:28 The entire area is developed exclusively with
07:36:32 non-residential uses.
07:36:33 On to the future land use map, the subject site
07:36:39 and the surrounding parcels that are all in that
07:36:41 gray are all designated municipal airport
07:36:44 compatibility.
07:36:45 Or M-AP for short.
07:36:46 The M-AP category goal is to encourage development
07:36:51 compatible with aircraft operation and to increase
07:36:54 safety and limit population by maintaining a lower
07:36:57 intensity of development and to promote and
07:36:59 protect the utility of the airport.
07:37:01 Blue to the north is the public quasi-public
07:37:03 future land use category representing Tampa
07:37:06 International property.

07:37:07 And the purple represents the regional mixed use
07:37:10 100 category, where International Plaza and
07:37:13 Westshore Plaza are located.
07:37:15 Overall Planning Commission staff found that if
07:37:18 the zoning can meet all land development code
07:37:20 requirements, that the use would be appropriate
07:37:22 under that M-AP category.
07:37:24 The request also is compatible with the direction
07:37:28 provided for the Westshore Planning District and
07:37:30 the Westshore business center policies within the
07:37:32 comprehensive plan.
07:37:33 Therefore, based on those findings and the goals,
07:37:36 objectives and policies of the comprehensive plan,
07:37:38 Planning Commission staff finds the rezoning
07:37:40 request consistent with the Tampa comprehensive
07:37:43 plan.
07:37:49 >>ABBYE FEELEY: As I stated, this request is from
07:37:52 PD to a PD.
07:37:53 If I may break down, Avion Park, which was
07:38:02 originally PD back in '05, we subsequently rezoned
07:38:08 in '09 and 2010 to make some modifications to the
07:38:12 site.
07:38:15 So originally the whole piece of Avion was done
07:38:19 and allowed for mixed uses.
07:38:22 It was platted out as different parcels.

07:38:24 Several of the pieces have been constructed with
07:38:26 hotels.
07:38:28 There is a medical office building that was just
07:38:30 completed in this area here and there are other
07:38:32 entitlements that are still on the property.
07:38:34 This rezoning is taking this piece in green out of
07:38:38 the larger piece of the pie.
07:38:41 It's been purchased and is now going to be
07:38:46 developed 318,000 square foot office building,
07:38:49 either medical or business professional.
07:38:52 What happened was, in 2010 when we rezoned Avion
07:38:57 to add medical office use, we only added a little
07:39:01 bit of entitlements, like 50,000 square feet up
07:39:05 top.
07:39:05 What they would like to do, they would like to
07:39:07 rezone it for the opportunity to have that entire
07:39:09 building be medical office use.
07:39:11 So that's really what before you tonight is the
07:39:15 split owner has purchased it.
07:39:16 The existing PD, the bigger pie doesn't allow for
07:39:19 those entitlements to be exercised as a medical
07:39:22 office.
07:39:22 And they now want to exercise those entitlements
07:39:27 in this area here for an office building and a
07:39:32 structured garage.

07:39:34 You'll see that on the site plans that you have
07:39:36 for your review.
07:39:38 I'm going to go ahead and show you some pictures.
07:39:40 Go over -- there is one waiver.
07:39:43 The waiver is for signage.
07:39:45 They were asking that the allowable signage, which
07:39:48 would be allowed on the proposed building, be
07:39:50 allowed to be spread over all four facades, even
07:39:53 though two of those facades will not have access
07:39:56 or will not have building frontage on a right of
07:40:02 way.
07:40:02 But they are asking what they would be allowed by
07:40:04 right, that they could disperse that amongst the
07:40:07 facades, four facades of the building.
07:40:09 I did take some pictures for you.
07:40:12 Going to show you those pictures.
07:40:13 They came in and I'll take you through the site
07:40:15 and then back to the subject property.
07:40:17 There are still a couple parcels that remain
07:40:24 available for development.
07:40:25 I'm assume you all know where we are.
07:40:34 We are on Spruce and O'Brien out by the airport.
07:40:37 This picture is from Spruce getting ready to turn
07:40:39 on to O'Brien.
07:40:41 And then that kind of odd, but on the outlet, that

07:40:46 the piece, the driveway into Avion Park is
07:40:49 actually a separate tract.
07:40:51 So you see it shown kind of park wise out that way
07:40:55 in your subject property.
07:40:57 As my report states, there are three hotels that
07:41:01 are already being constructed within the site.
07:41:03 So when you come off that main drive and you come
07:41:06 all the way back kind of to the rear of the site
07:41:09 or the western portion of the site, this is the
07:41:12 subject piece we're talking about.
07:41:14 Currently vacant.
07:41:15 Kind of see it adjacent to the property.
07:41:18 Here's some of the development that's already out
07:41:21 there.
07:41:21 This is the medical, I referred to off of O'Brien.
07:41:25 Another view off O'Brien.
07:41:28 The one structured garage has been completed and
07:41:30 some retail components are in the front there.
07:41:33 Just some other views of the site.
07:41:36 So the request before you tonight is to allow for
07:41:43 the 318,000 square feet of entitlements to be
07:41:46 allowed for medical office use.
07:41:48 And also incorporate tradeoff mechanism which we
07:41:53 have done several times with this Council to allow
07:41:56 for the tradeoff of those uses within that

07:41:59 building, but to keep the impact associated with
07:42:02 those uses the same.
07:42:03 The one waiver I discussed with you is to allow
07:42:07 for the allowable copy area of the signage to be
07:42:11 placed on all four facades of the building.
07:42:13 They're not asking for an increase.
07:42:15 They're just asking that it be allowed to be
07:42:17 placed around there.
07:42:19 I have asked that a notation be added that no
07:42:21 signage will be placed on the structured garage.
07:42:24 For some reason, some applicants come back
07:42:27 afterwards and want to pituitary signage on the
07:42:31 garage, when there are no tenants in the garage,
07:42:33 we'd prefer the sign remain on the actual building
07:42:36 and we'd ask that notation be added in between
07:42:38 first and second reading.
07:42:40 A total of 1,049 parking spaces are required.
07:42:44 And 1401 spaces will be provided in a combination
07:42:49 of the structured garage and also surface parking.
07:42:52 There are a couple modifications for Land
07:42:54 Development Coordination that I have provided in
07:42:57 my staff report.
07:42:58 Also, right-of-way needs the legal description
07:43:01 updated on the site plan.
07:43:03 Mr. COEN is here.

07:43:08 We have gone over these changes.
07:43:11 Transportation needs updated.
07:43:13 Also transportation had request for notation 17 be
07:43:16 added in relationship to a camera.
07:43:18 They don't want that any more.
07:43:19 It's on a building that's not on this property.
07:43:21 So they asked that that be removed.
07:43:23 And natural resources unless the original report
07:43:28 had some conflicts with the parking area that was
07:43:30 being proposed and a grand tree, Mary Danielewicz
07:43:37 Bryson and Mr. Coen have worked that issue out.
07:43:40 I have a revised revision sheet I'm going to give
07:43:43 you.
07:43:44 I'll hand that to the clerk and I have copies for
07:43:46 you as well.
07:43:47 So, I'm available for any -- thank said, those
07:43:50 changes made will find it consistent and I'll be
07:43:53 available for questions.
07:43:54 >>CHARLIE MIRANDA: Ms. Montelione?
07:43:55 >>LISA MONTELIONE: I just have a question.
07:43:57 It never came up for me to ask in briefings
07:44:00 before.
07:44:00 But why don't we want signage on a parking garage?
07:44:05 I don't know what difference it makes.
07:44:09 >>ABBYE FEELEY: Code actually doesn't permit for

07:44:10 it.
07:44:10 Because it's not a tenant structure.
07:44:14 Because the signage typically represents the
07:44:16 tenant of the building and since there are no
07:44:18 tenants in the garage, besides the cars --
07:44:24 >>LISA MONTELIONE: But the cars belong to people
07:44:25 who are otherwise in the building.
07:44:28 I mean, it just seems like a silly thing, that if
07:44:31 the developer or the property owner or the
07:44:34 business that's located there would rather have
07:44:37 this sign on the parking garage.
07:44:39 I mean, I don't see why we're dictating that.
07:44:42 >>ABBYE FEELEY: Well, I think the statement you
07:44:43 just made is would rather.
07:44:45 They don't want rather.
07:44:46 They want in addition too.
07:44:48 They want the signage on their building plus they
07:44:51 want the signage or the garage.
07:44:53 Typically they wouldn't qualify for both.
07:44:55 The code states for building.
07:44:57 So it's your building adjacent to right-of-way.
07:45:01 >>LISA MONTELIONE: I'll bring up with Ms. Coyle
07:45:02 about the language in the code, because we could
07:45:04 change the code to say either or.
07:45:07 Or X amount of square footage on one and limit

07:45:12 other ways.
07:45:13 But I don't see why we should be dictating to
07:45:17 owners or building owners or property owners that
07:45:20 where the sign can and can't be.
07:45:25 >>ABBYE FEELEY: I'll go ahead and provide those
07:45:27 revision sheets now.
07:45:28 >>CHARLIE MIRANDA: Petitioner?
07:45:29 >> Good evening, Mr. Chairman, Councilmembers, my
07:45:35 name is David Mechanik, 305 South Boulevard,
07:45:39 Tampa, Florida.
07:45:40 I have been sworn.
07:45:42 I'm here on behalf of the applicant, Highwoods
07:45:47 Properties.
07:45:48 I have with me Mr. Dan Woodward of Highwoods and
07:45:51 Mr. Randy Coen, who is the transportation
07:45:54 consultant and planner for this rezoning request.
07:45:58 We concur with Abbye's report and really are not
07:46:03 planning to make a presentation other than we
07:46:06 would be happy to answer any questions.
07:46:09 I would like to just take care of a few
07:46:11 housekeeping items.
07:46:12 We do concur with the corrections that Abbye
07:46:15 listed for, to be made on the site plan between
07:46:19 first and second reading.
07:46:21 We also concur with the two revised conditions

07:46:27 that Abbye just passed out to you pertaining to
07:46:32 protection and transportation.
07:46:34 And finally, just to clarify -- not to clarify,
07:46:40 but to justify in terms of the waiver, since the
07:46:45 building does not have road frontage, public road
07:46:48 frontage, the idea behind asking for the sign to
07:46:52 be allowed on all four sides is to just giver the
07:46:55 owner some flexibility in terms of what's the most
07:46:59 strategic location for that signage to be located.
07:47:02 But we are not asking for an increase in the
07:47:06 amount of signage to be permitted on the site.
07:47:08 So with that we're here to answer any questions
07:47:12 you might have.
07:47:13 >>CHARLIE MIRANDA: Any questions at this time?
07:47:13 Anyone in the audience care to speak on item
07:47:17 number 6?
07:47:18 REZ 14-17, please come forward.
07:47:20 Item number 6.
07:47:21 Please come forward.
07:47:22 You want to rebut yourself?
07:47:29 , you can.
07:47:30 Thank you very much, I appreciate it.
07:47:31 Have a motion to close by Mr. Reddick, second by
07:47:33 Ms. Capin.
07:47:34 All in favor of the motion, please indicate by

07:47:35 saying aye.
07:47:36 Opposed nay.
07:47:37 The ayes have it unanimously.
07:47:37 Ms. Mulhern, would you kindly read number 6
07:47:40 please?
07:47:40 >>MARY MULHERN: Thank you, Mr. Chairman.
07:47:42 I move an ordinance being presented for first
07:47:44 reading consideration, an ordinance rezoning
07:47:46 property in the general vicinity of 5332 Avion
07:47:49 Park Drive in the City of Tampa, Florida, and more
07:47:53 particularly described in section 1, from zoning
07:47:55 district classifications PD, planned development,
07:47:59 office, business, professional and medical, hotel,
07:48:02 airport shuttle service, principal parking,
07:48:05 general retail, restaurant, vehicle leasing to PD,
07:48:08 planned development, office, business professional
07:48:10 and medical, college and or pharmacy, providing an
07:48:13 effective date.
07:48:14 And with the revision sheet provided.
07:48:20 >> Second.
07:48:21 >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern,
07:48:23 second by Mr. Reddick.
07:48:24 Before I take the vote, let me say this Highwoods
07:48:27 properties has a vast amount of land and buildings
07:48:29 close to where I live between MacDill and Himes

07:48:32 and we have not had a problem.
07:48:33 They've been great nation.
07:48:35 I have a motion by Ms. Mulhern.
07:48:37 Seconds bring Reddick.
07:48:38 All in favor of the motion, please indicate by
07:48:39 saying aye.
07:48:41 The ayes have it unanimously.
07:48:41 Item number 7.
07:48:42 >> Motion carried unanimously.
07:48:44 Second reading and adoption will be June 26 at
07:48:46 9:30 a.m.
07:48:52 >> Mary Samaniego, land development coordination.
07:48:55 Before you is REZ 14-18, rezoning from office
07:49:02 business professional to new planned business
07:49:05 professional office as well as medical offers.
07:49:07 Site is located at 2506 west Azeele Street, as
07:49:11 well as 402 and a half south Tampania avenue.
07:49:14 I will defer to the Planning Commission.
07:49:21 >> Good evening, Councilmembers, David Hay again
07:49:25 with your Planning Commission staff and I have
07:49:27 been sworn.
07:49:27 We move over from the Westshore Planning District
07:49:31 over to the central Tampa planning district for
07:49:34 our next case.
07:49:35 The subject site is located at the southeast

07:49:37 corner of south Tampania avenue and west Azeele
07:49:40 Street, just one block west of the South Tampa
07:49:43 Greenwise supermarket.
07:49:44 And the Madison at SoHo.
07:49:48 Site is located also one block south of West
07:49:50 Armenia Avenue which is designated transit
07:49:53 emphasis corridor.
07:49:55 This portion served by the route 19 which connects
07:49:57 the area with Port Tampa city Britton Plaza
07:50:01 downtown Tampa including Tampa generally hospital.
07:50:03 On to the aerial.
07:50:06 The subject site is in the center.
07:50:08 You can see that the general area contains a true
07:50:11 mixture of uses from single-family detached,
07:50:14 multi-family residential, offices, restaurants and
07:50:17 other commercial uses.
07:50:18 Azeele Street over the years has developed out
07:50:21 into a low intensity office and medical office
07:50:24 coup corridor due to its proximity to memorial
07:50:28 hospital.
07:50:32 >> On your photograph you just covered up, it
07:50:35 looks as though, I thought the city might be
07:50:37 repaving Azeele.
07:50:38 I was getting very excited.
07:50:39 But it appears to be a shadow.

07:50:41 That's too bad.
07:50:43 [ Laughter ]
07:50:43 [Inaudible]
07:50:56 >>DAVID HAY: Finally we have the future land use
07:50:58 map.
07:50:58 The subject site and the surrounding parcels
07:51:01 shaded with that brown color, all designated
07:51:05 residential 20.
07:51:05 The light pink to the east where the Madison and
07:51:07 SoHo apartments and Publix Greenwise, it's
07:51:11 community mixed use 35 future land use category,
07:51:13 and the red further to the south is the community
07:51:17 commercial 35.
07:51:18 Overall Planning Commission staff found that the
07:51:21 proposed planned a development zoning district to
07:51:23 allow for medical office uses would be comparable
07:51:25 and compatible with the existing and planned
07:51:28 development pattern within this portion of the
07:51:30 Courier City Oscawana neighborhood.
07:51:32 The uses adjacent to other non-residential office
07:51:36 uses and restaurants and things like that.
07:51:39 Therefore, based on those findings and the goals,
07:51:41 objectives and policies of the comprehensive plan,
07:51:43 Planning Commission staff finds the rezoning
07:51:46 request consistent with the Tampa comprehensive

07:51:48 plan.
07:51:48 >> Mary Samaniego for the record.
07:51:56 Again, this is a PD request.
07:51:58 There are six waivers that are being requested.
07:52:00 I will read them for the record.
07:52:02 Number one, section 27132 for medical office be
07:52:06 one to reduce required minimum lot size from some
07:52:10 thousand square feet to 7,841 and a half square
07:52:13 feet.
07:52:14 Section 27-283.7 to reduce the required parking
07:52:19 for medical office of this site from 12 spaces to
07:52:22 ten spaces.
07:52:24 Part of that reduction is an effort to save an
07:52:26 on-site tree.
07:52:30 Waiver number three, section 2728312 to reduce the
07:52:37 backup width from six feet to zero feet.
07:52:40 2728312 J 1, to allow for ingress and egress to
07:52:44 non-residential parking lots garages to access
07:52:47 local street which is south Tampania street --
07:52:50 avenue.
07:52:50 Section 27284 to reduce the required use-to-use
07:52:54 buffer from a 15-foot landscape buffer with a six
07:52:58 foot high masonry wall on the south property line
07:53:01 to a five foot landscape buffer with a six foot
07:53:04 PVC fence which is existing.

07:53:06 And the final waiver is to use section 27285 to
07:53:11 reduce the required vehicle use buffer from eight
07:53:14 feet buffer to a 3.3-foot along the right-of-way,
07:53:18 which is on south Tampania.
07:53:20 The required landscaping in lieu of payment is to
07:53:23 be paid at time of permitting.
07:53:25 Kind of a summary of a request, as I stated, the
07:53:30 property is an existing planned development.
07:53:33 The property has a single -- had a single-family
07:53:36 dwelling unit on Azeele which was constructed in
07:53:39 1929 but demolished due to a fire, I believe last
07:53:42 year, or earlier this year.
07:53:44 As well as there's a two-story two-family dwelling
07:53:47 units which is approximately a thousand square
07:53:49 feet on the southern portion of the property which
07:53:52 will be demolished due to, if this project is
07:53:56 approved.
07:53:57 The proposed setbacks for the building are five
07:54:02 foot front, which is the north, corner five side,
07:54:06 on the east side of ten, and a rear will be
07:54:09 changed as part of the modifications for the land
07:54:11 development to 64 feet.
07:54:12 The general requirements that plannings for
07:54:17 modification just for land development
07:54:19 clarification and correction of the setback as

07:54:21 well as the minor changes to the information on
07:54:24 the site plan.
07:54:26 Transportation found this inconsistent due to the
07:54:31 section 27283.12 for accessing a non-residential
07:54:39 parking lot to a local road, which is Tampania.
07:54:42 This property does front on Azeele and as you can
07:54:48 see from the site plan, it is right at the
07:54:50 intersection of where five streets -- four streets
07:54:54 I guess come together.
07:54:55 So really the only practical location for a driver
07:54:58 way cut would be on to the local street.
07:55:00 If you have further technical questions -- natural
07:55:06 resources had some minor site modifications that
07:55:09 are needed for the site data table.
07:55:11 Other than that, I've reviewed the site against
07:55:14 the medical office requirements for this district.
07:55:18 Found to be compliant.
07:55:19 Again, they were asking for a reduction in the
07:55:22 parking spaces from 12 to 10.
07:55:24 I believe on the southeastern part of the site to
07:55:28 protect an existing tree.
07:55:30 Other than that, I will show you -- almost forgot
07:55:35 about this part.
07:55:36 Here is the site.
07:55:39 Again, it's existing planned development.

07:55:43 There are quite a number of planned developments
07:55:44 in the surrounding areas as well as RM-16 for a
07:55:47 multi-family development across the street on
07:55:50 Azeele.
07:55:51 As well as some offices further on Azeele to the
07:55:55 west.
07:55:55 This is an aerial photograph of the property.
07:56:09 Again, you can see it's at the intersection of
07:56:11 Azeele street, south Tampania and park city way
07:56:14 that comes in, there's a mix of uses over here,
07:56:17 some office uses, some retail, some other
07:56:20 conversions of residential structures into retail
07:56:23 and office uses.
07:56:24 Here is a picture of the site.
07:56:32 Looking across Azeele at that intersection,
07:56:39 further down Tampania --
07:56:42 >> Excuse me, Claire.
07:56:43 Mary, can you zoom in a little bit on those.
07:56:46 Perfect.
07:56:47 Thank you.
07:56:48 >> Existing site, currently vacant in this area.
07:56:53 This is again the two family dwelling unit on the
07:56:56 site, that I spoke of earlier.
07:56:58 This is the front of the property.
07:57:00 The two family dwelling unit again this property

07:57:02 would be demolished and all improvements on the
07:57:05 existing site would be demolished and, for the new
07:57:10 project again is approved.
07:57:11 This is further to the east down Azeele.
07:57:14 And a larger shot to the east, at the intersection
07:57:19 park city way and Azeele.
07:57:21 You can see some multi-family across the street.
07:57:23 To the northwest across Azeele, some retail uses.
07:57:30 Some office and retail uses further to the west
07:57:34 across Azeele.
07:57:35 Again, the scale is that of residential use.
07:57:38 Further to the west of the existing site.
07:57:44 Down Tampania, here is a single-family attached
07:57:51 unit.
07:57:52 Further down to the south is a multi-family
07:57:54 dwelling unit.
07:57:55 Across the street on Tampania are single-family
07:57:58 residential.
07:57:59 This is a retail use.
07:58:02 I believe houses a -- other than that, staff has
07:58:10 reviewed it and development review committee has
07:58:12 reviewed the application and overall finds it
07:58:15 inconsistent primarily because of the
07:58:18 transportation finding of inconsistency because of
07:58:20 access location to the parking lot on a local

07:58:22 street.
07:58:23 Please refer to, as I just stated, please refer to
07:58:27 their findings in the event City Council approves
07:58:29 the requested you waivers for access to local
07:58:31 street, report outlines additional modification to
07:58:34 be completed between first and second reading as
07:58:37 detailed on your revision sheet, which is part of
07:58:40 your packet.
07:58:40 Any questions?
07:58:43 >>CHARLIE MIRANDA: Questions by Councilmembers?
07:58:46 Petitioner?
07:58:46 >> Good evening, Mr. Chairman, members of
07:58:59 Councilmember.
07:58:59 My name is Joseph Diaz, offices 1907 West Kennedy
07:59:03 Boulevard.
07:59:04 If you look at the report that's been prepared by
07:59:07 staff, all the agencies found this application
07:59:11 consistent.
07:59:11 The one agency that found it inconsistent was
07:59:16 transportation and that was because of the access
07:59:20 from the parking lot.
07:59:21 Let me give you a little bit of a background.
07:59:24 This was way back in its time a single-family
07:59:28 residence.
07:59:29 But back in 1982, they made this an IP.

07:59:40 The whole parcel.
07:59:42 And had two structures.
07:59:44 And at that time, the access to the parking lot
07:59:48 was off of Tampania, which four parking spaces in
07:59:52 the back, and then you would exit out on to
07:59:56 Azeele.
07:59:57 1800 square foot office, a thousand square foot
08:00:03 two-story building that was residential.
08:00:06 That was IP.
08:00:08 Now, unfortunately, those conditions don't exist
08:00:13 there any more.
08:00:14 If you look at the site plan, you're going to see
08:00:17 that right here, there's a 36-inch grand oak.
08:00:22 So we got 20 feet that we have to stay off of the
08:00:26 property line.
08:00:29 The whole frontage along Azeele is just under
08:00:33 64 feet.
08:00:34 When that PD was approved, this island that you
08:00:47 see right there, there is Tampania, here is
08:00:52 Azeele, and this parkway would cut this way.
08:00:56 You can't access this property off of Azeele.
08:01:01 By the time, the time you deal with this grand oak
08:01:10 that's here -- this is where the driveway used to
08:01:12 be under the old PD -- and you deal with this
08:01:17 island, you got no way to get in and out of that

08:01:22 property off of Azeele.
08:01:24 This is the island looking in a westerly direction
08:01:37 on Azeele.
08:01:38 This is the island looking in an easterly
08:01:49 direction down Azeele towards Armenia.
08:01:53 That right there is Tampania.
08:01:55 That's the lot in question.
08:01:56 This is the business that is on the west side of
08:02:08 Tampania.
08:02:09 And you can see that they have their driveway that
08:02:12 exits and this was the driveway that existed under
08:02:17 the prior IP.
08:02:19 Now, what happened here was, the house that was
08:02:24 there that was turned into an office was a law
08:02:26 office and it burned down last year.
08:02:28 So the lot is basically vacant right now.
08:02:32 Given the configuration of the corner, given the
08:02:42 grand oak that exists on the property and the
08:02:45 protected radius that goes with that, there's just
08:02:49 no other way to be able to access this property
08:02:53 other than off of Tampania.
08:02:56 So, we basically agree with staff's report.
08:03:03 We just have to object or note to you why we can't
08:03:09 comply with transportation's request.
08:03:11 It's just physically impossible.

08:03:14 I think if you even look at the Planning
08:03:17 Commission's report, planning commission tells you
08:03:21 themselves in their report that there's just no
08:03:24 way to access this property off of Azeele.
08:03:27 Access is not possible from west Azeele Street due
08:03:37 to road configuration.
08:03:38 As far as the modification and changes that they
08:03:43 would like for us to make between the first and
08:03:45 second reading, we have absolutely no problems
08:03:48 with them.
08:03:48 We'll make them all and we agree with them.
08:03:51 We would respectfully request that you approve our
08:03:55 application and I'd like to save my time in case
08:03:58 there's some opposition, even though I haven't
08:04:00 heard of any to date.
08:04:01 But I don't know.
08:04:03 >>CHARLIE MIRANDA: Any comments by Councilmembers
08:04:05 at this time?
08:04:05 Let me go to the audience portion.
08:04:07 Anyone in the audience care to speak on item 7,
08:04:12 REZ 14-18?
08:04:13 Mr. Cohen?
08:04:17 >>HARRY COHEN: I just want to say for the record
08:04:19 that I -- we all know that's a very, very
08:04:23 difficult intersection to navigate.

08:04:25 It is very confusing and unfortunately, a lot of
08:04:29 people get into accidents in that area because of
08:04:31 the way the roads are.
08:04:32 So I just want to say I sympathize with your
08:04:36 predicament in terms of the difficulty of coming
08:04:39 out onto Azeele.
08:04:42 >>CHARLIE MIRANDA: Motion to close by Mr. Reddick,
08:04:46 second by Ms. Capin.
08:04:47 Further discussion by Councilmembers?
08:04:49 All in favor of the motion please indicate by
08:04:51 saying aye.
08:04:51 Opposed nay.
08:04:53 Eyes have it unanimously.
08:04:57 Mr. Cohen, would you kindly take number seven,
08:05:00 please.
08:05:01 >>HARRY COHEN: Thank you very much.
08:05:01 I move an ordinance being presented for first
08:05:03 reading consideration, an ordinance rezoning
08:05:05 property in the general vicinity of 2506 west
08:05:08 Azeele street and 402 and a half south Tampania
08:05:13 avenue in the City of Tampa, Florida and more
08:05:14 particularly scribbled in section 1 from zoning
08:05:16 district classification PD planned development
08:05:19 office, business professional to PD planned
08:05:22 development, office, business professional and

08:05:23 medical, providing an effective date.
08:05:25 And including the necessary changes that need to
08:05:29 be made between first and second reading.
08:05:33 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, I
08:05:34 have a second by Mr. Suarez.
08:05:35 Further discussion by Councilmembers?
08:05:37 All in favor of the motion, please indicate by
08:05:38 saying aye.
08:05:39 Opposed nay.
08:05:40 The ayes have it unanimously.
08:05:41 Thank you all very much for appearing.
08:05:44 >>THE CLERK: Motion carried unanimously.
08:05:45 Second reading and adoption will be June 26
08:05:47 at 30 a.m.
08:05:49 >>CHARLIE MIRANDA: Item number 8.
08:05:50 >> Thank you.
08:05:52 Mary Samaniego, for the record.
08:05:54 REZ 14-19.
08:05:56 A rezoning request from RS-60, single family
08:06:01 residential to CG commercial general to planned
08:06:04 development.
08:06:04 Property located at 5811 South MacDill Avenue.
08:06:11 >> Good evening, Councilmembers, David Hay with
08:06:13 your Planning Commission staff.
08:06:14 And I have been sworn.

08:06:15 We move down to the South Tampa planning district
08:06:19 for our next case.
08:06:20 The subject site is located on the west side of
08:06:22 MacDill Avenue between west Wyoming Avenue and
08:06:27 Interbay Boulevard.
08:06:27 It should be noted that the site is located within
08:06:30 the flight path zone of MacDill Air Force Base.
08:06:33 The eastern portion of the subject site also falls
08:06:35 within a mixed use corridor.
08:06:38 On to the aerial.
08:06:40 The subject site as always is right in the middle.
08:06:45 MacDill Avenue is running north-south and at the
08:06:49 bottom of the aerial, you can see Interbay
08:06:52 Boulevard running southwest to northeast.
08:06:54 Overall the general area is transitioning from a
08:06:58 mostly single-family detached neighborhood to one
08:07:01 that contains a greater variety of housing types
08:07:04 from small lots single-family detached to some
08:07:07 duplexes and multi-family, especially along the
08:07:10 major corridors.
08:07:11 Non-residential uses are mostly concentrated at
08:07:14 the MacDill Avenue Interbay Boulevard intersection
08:07:17 to the south of the subject site.
08:07:19 On to the future land use map, the subject site
08:07:24 has two future land use categories.

08:07:26 The eastern portion and all properties fronting on
08:07:29 to MacDill Avenue are represented by that pink
08:07:33 color.
08:07:35 Is the community mixed use 35.
08:07:36 While the western half of the subject site and all
08:07:40 the other parcels within that tan color are all
08:07:43 the residential 10.
08:07:45 And then the brown to the south of the subject
08:07:49 site is the residential 20.
08:07:51 Overall Planning Commission staff found that the
08:07:53 proposed planned development zoning district to
08:07:56 allow for two single-family detached residential
08:07:58 units is comparable and compatible to the planned
08:08:00 and existing development pattern within the area.
08:08:03 Based on the future land use categories, the
08:08:05 subject site can be considered for maximum five
08:08:08 residential units.
08:08:09 So the applicant is only utilizing 40% of the
08:08:12 development potential of the subject site with an
08:08:15 overall density of 7.6 unit per acre.
08:08:18 Therefore, based on those findings and the goals,
08:08:21 objectives and policies of the comprehensive plan,
08:08:23 Planning Commission staff finds the rezoning
08:08:25 request consistent with the Tampa comprehensive
08:08:27 plan.

08:08:27 Why thank you, Mary Samaniego, REZ 14-is it.
08:08:36 Again the property located at 5811 South MacDill
08:08:39 for planned development for single-family
08:08:40 residential structures.
08:08:41 There are few proposed lots.
08:08:43 Lot 1 would be 5,719 square feet and lot 6 would
08:08:48 be 5,711 square feet, for total lot area of
08:08:52 11,043.
08:08:53 The property currently has an existing small
08:08:57 877 -- 877 square foot detached house, which will
08:09:05 be demolished upon approval of the site plan.
08:09:08 The existing lot has double frontage on South
08:09:10 MacDill street as well as south fifth avenue.
08:09:13 The proposed buildings will be located, one
08:09:16 located on South MacDill and the other will be
08:09:18 located on fifth street.
08:09:19 The setbacks as proposed is part of this planned
08:09:24 development would be front 20 feet, side six and a
08:09:28 half feet and rear 25 feet.
08:09:30 Maximum height would be 35 feet and the minimum
08:09:34 lot width would be 49.3 feet for both lots.
08:09:37 The surrounding property is zoned planned
08:09:42 development office and RS-60 to the south.
08:09:46 Planned development detached to the north -- I'm
08:09:49 sorry.

08:09:50 Attached to the north.
08:09:51 RS-50 to the east and west.
08:09:53 There is an existing office and detached
08:09:57 single-family dwelling unit to the south as well
08:09:59 as detached single-family to the east and west.
08:10:02 There are some site modifications.
08:10:06 The land development department found this
08:10:09 inconsistent.
08:10:12 Provided there could be changes made between first
08:10:15 and second reading.
08:10:17 Number three needs to be clarified.
08:10:20 The scale is off so they need to correct the
08:10:22 scale.
08:10:23 The site plan shows one to 30 scale but actually
08:10:26 scales out -- I'm sorry.
08:10:31 The site plan scales to one to 30 but it says one
08:10:34 to 20.
08:10:35 So they need to correct that discrepancy.
08:10:37 Minor site modification requests as well on the
08:10:41 revision sheet.
08:10:42 Natural resources found it inconsistent.
08:10:45 Primarily they found it inconsistent because there
08:10:47 are off site trees to the north and the south on
08:10:50 adjoining residential properties.
08:10:51 There weren't being effectively protected from the

08:10:56 protective radius that is required in the code.
08:10:59 So they found it inconsistent.
08:11:01 Which means the drafting of this report, the
08:11:03 applicant has met with myself and the natural
08:11:06 resources staff and agreed to alter the plans
08:11:11 based on these revision sheets to bring it into
08:11:13 compliance.
08:11:14 And he can speak to that during his presentation.
08:11:16 Solid waste had minor modification.
08:11:22 As you go through your staff report on page five,
08:11:25 the finding for planned development number six in
08:11:29 tour staff report that you severed that is
08:11:30 actually finding for a different site that I
08:11:33 erroneously put into this staff report as I was
08:11:36 trying to do more than one staff report at a time.
08:11:39 So number six, should read for the record,
08:11:43 property surrounded by, RS-50 to the east and west
08:11:47 and R 60 to the southwest.
08:11:50 There's a town home development immediately to the
08:11:52 north.
08:11:52 >>LISA MONTELIONE: Single-family residential
08:11:54 dwellings detached.
08:11:55 To the southwest and east across South MacDill
08:11:57 Avenue and to the west across south fifth street
08:12:01 and a small office building suite to the

08:12:03 southeast.
08:12:04 The proposed use configuration is compatible with
08:12:07 the surrounding area and will provide the
08:12:09 development of a vacant building along the
08:12:11 corridor.
08:12:12 There is a zoning map.
08:12:20 Zoning map of the property again in the middle,
08:12:30 the property.
08:12:30 You can see there's a mix of different uses in
08:12:33 this area.
08:12:33 This is RS-50 over to the east.
08:12:36 Planned development for the town home development.
08:12:39 To the south is a PD for the office buildings.
08:12:42 And some RS-50 and RS-60 across the street on
08:12:45 fifth avenue to the west.
08:12:48 Here is an aerial photograph of the site.
08:12:55 Again, you can see the small house over to the
08:12:58 east.
08:12:58 Here's a town home development and pretty much
08:13:02 office suites surrounded by residential
08:13:04 single-family detached.
08:13:05 Here is a picture of the little house that's on
08:13:13 MacDill.
08:13:14 That would be demolished upon approval.
08:13:18 To the west along MacDill, this is the corner of

08:13:22 the multi-family town home development.
08:13:25 Across the street, MacDill, you can't see
08:13:30 because it's heavily screened, but behind there
08:13:33 single-family detached dwelling unit in the front
08:13:37 of fourth street.
08:13:38 These are the rear yards.
08:13:39 These are the office suites to the south on
08:13:43 MacDill.
08:13:44 Here is the subject property on fifth street.
08:13:50 To the direct northwest is the single-family
08:13:56 residential, which continues down to the south.
08:14:00 Primarily both sides of fifth street is
08:14:03 single-family residential dwelling unit.
08:14:06 So, saying that, the Development Review Committee
08:14:19 again has reviewed this application and found it
08:14:20 inconsistent.
08:14:22 However, I believe that if the revision sheet is
08:14:26 met with between first and second reading, as well
08:14:30 as the verbal revision that is were agreed upon
08:14:33 for the natural resources inconsistency finding, I
08:14:36 believe this case could move forward.
08:14:38 Do you have any questions for me at this time?
08:14:41 >>CHARLIE MIRANDA: Questions by Councilmembers?
08:14:42 Thank you very much.
08:14:44 Mr. Cohen?

08:14:47 >>HARRY COHEN: Thank you very much, Mr. Chair.
08:14:47 My office received an e-mail a little earlier from
08:14:51 Mr. Al Steenson.
08:14:53 He was concerned because he thought maybe
08:14:55 Mr. Michelini's computer was having issues and he
08:14:58 wanted me to give this to the clerk.
08:15:02 The site he writes the site plans for this
08:15:05 petition were sent to our association and we are
08:15:07 in support.
08:15:09 Signed Allen Steenson, president, south bay civic
08:15:15 association.
08:15:15 I'm going to hand this to the clerk.
08:15:18 >>CHARLIE MIRANDA: I normally receive and file
08:15:20 documents at the end of the meeting.
08:15:21 Okay, thank you.
08:15:23 >> I'm not done.
08:15:24 I forgot something.
08:15:26 Forgot to ask something for the record.
08:15:28 I forgot to ask something for the record.
08:15:30 For clarification for the record, what was agreed
08:15:33 upon between the applicant and natural resources
08:15:35 was that the eastern property to protect those
08:15:38 trees which they had issue with, they will split
08:15:42 the location of the garage with the house.
08:15:44 That should provide the protective radius.

08:15:46 To the eastern property -- sorry to the western,
08:15:49 they agreed to do the pier and lintel for the
08:15:53 foundation of that building, so that should
08:15:55 satisfy natural resources code.
08:15:57 >>CHARLIE MIRANDA: Anything else?
08:15:59 >> Thank you.
08:16:02 >>CHARLIE MIRANDA: Petitioner?
08:16:04 >> We appreciate the staff.
08:16:11 We have been through the site plan.
08:16:13 The tissues regarding the protecting the trees, we
08:16:16 met in the field with Dave Riley.
08:16:18 And we're committing to making those adjustments,
08:16:20 including the pier and lintel.
08:16:22 Over the root system.
08:16:24 And to protect the off site trees.
08:16:27 This property is a through lot that goes all the
08:16:31 way from MacDill all the way through to fifth
08:16:34 street, or fifth avenue.
08:16:37 And we're proposing to construct two single-family
08:16:42 units, which is supportive of the comprehensive
08:16:45 plan and it's also been supported by the
08:16:47 neighborhood association.
08:16:48 I received three phone calls due to the notice.
08:16:52 And in that period of time, all three were very
08:16:55 supportive of the construction of single-family

08:16:57 homes.
08:16:58 So, I'll make an abbreviated presentation.
08:17:01 I'll certainly reserve any time for any questions
08:17:04 you have or rebuttal.
08:17:05 With that, we'll respectfully request your
08:17:07 approval.
08:17:08 >>CHARLIE MIRANDA: Any comments by Councilmembers
08:17:09 at this point?
08:17:10 Anyone in the audience care to speak on this item
08:17:14 number 8, Z 14-19.
08:17:19 Please come far.
08:17:20 See no one.
08:17:22 Have a motion to close by --
08:17:24 >> Mr. Chairman, I think you need a commitment
08:17:26 from us to make the changes.
08:17:27 >>CHARLIE MIRANDA: Well, you're going to get that
08:17:29 whoever reads the ordinance will ask you that I'm
08:17:32 just close the hearing now.
08:17:35 Have a motion to close by Mr. Reddick, second by
08:17:38 Ms. Montelione.
08:17:39 All in favor of the motion, please indicate by
08:17:40 saying aye.
08:17:41 Opposed nay.
08:17:43 The ayes have it unanimously.
08:17:44 Mr. Suarez, would you kindly read this with the

08:17:47 notation that we're giving Vern bale and printed?
08:17:52 >>MIKE SUAREZ: Thank you, chair.
08:17:53 I present an ordinance for first reading
08:17:55 consideration.
08:17:55 An ordinance rezoning property in the general
08:17:57 vicinity of 5811 South MacDill Avenue in the City
08:18:00 of Tampa, Florida, and more particularly described
08:18:03 in section 1, from zoning district classification,
08:18:06 RS 60, residential single-family, and CG,
08:18:10 commercial general, to PD, planned development,
08:18:12 residential single-family detached, providing an
08:18:15 effective date, and including the changes needed
08:18:19 between first and second reading to of the Land
08:18:23 Development Coordination notes that were listed on
08:18:27 our report, the stormwater notes that were listed
08:18:31 on reports.
08:18:33 And all other natural resources, which were done
08:18:36 verbally by the applicant and concurred by our
08:18:40 staff.
08:18:44 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez,
08:18:45 I have a second by Mr. Reddick.
08:18:47 Further discussion by Councilmembers?
08:18:48 All in favor of the motion, please indicate by
08:18:50 saying aye.
08:18:50 Opposed nay.

08:18:51 The ayes have it unanimously.
08:18:52 Thank you.
08:18:53 >> Thank you, Council.
08:18:55 >> Motion carried unanimously.
08:18:57 Second reading and adoption on June 26 at
08:18:59 9:30 a.m.
08:19:00 >> Item nine and ten were taken care of earlier.
08:19:05 We go to item number 11.
08:19:11 >>ABBYE FEELEY: Abbye Feeley, Land Development
08:19:12 Coordination.
08:19:13 Item number 11 on your agenda this evening is
08:19:16 SU2-14-06, a continued public hearing from May
08:19:21 8th and it's located at 3616 and 3620 west Bay to
08:19:25 Bay avenue.
08:19:27 This case came before you last month for
08:19:31 consideration of a day care use.
08:19:33 And was continued by Council for consideration of
08:19:40 alternative parking and some other items.
08:19:44 I did provide revised site plans to you.
08:19:47 With a memorandum from Bayside Engineering
08:19:51 outlining the modifications that were made.
08:19:53 What I'd like to do is go over those
08:19:55 modifications.
08:19:56 Some of those modifications were required by Land
08:19:58 Development Coordination staff as part of our

08:20:04 first report.
08:20:05 So if I could, the dumpster being centered in the
08:20:08 drive aisle, that was one of our requirements from
08:20:10 the original rezoning report and that has been
08:20:15 made.
08:20:16 The second as outlined in there was that they did
08:20:19 propose a new fence, gate at the entrance of the
08:20:22 day care.
08:20:23 I believe there was some previous discussion by
08:20:25 Council at the first hearing about the safety of
08:20:28 the children and the intermingling of children and
08:20:31 cars.
08:20:32 So they proposed that fence gate and I can show
08:20:34 you the area on the plan where they've done that.
08:20:38 It's highlighted here for you in yellow.
08:20:43 Highlighted here for you in yellow.
08:20:52 So the queuing and drop off and they now have a
08:20:54 fence for the gate opening there where for the
08:20:58 children to be able to have dropoff/pick up.
08:21:05 There were additional trees that have been
08:21:07 proposed at the rear of the site.
08:21:09 I have highlighted those as well.
08:21:12 I have put a couple red Xs where those trees, a
08:21:17 lot of times they're doing this in CADD, just put
08:21:20 the trees on there.

08:21:21 Some were placed within protective radiuses of
08:21:24 other trees.
08:21:24 Here, here and here along the east of the property
08:21:29 and two along the south.
08:21:31 I have talked to the engineer about that and
08:21:33 should Council act on this plan tonight, those
08:21:35 would need to be removed because they can't be
08:21:37 planted under the canopy of another tree.
08:21:39 Originally on the plan that you considered back on
08:21:44 May 8th, there was a structure that was being
08:21:47 proposed in between the two existing structures on
08:21:49 the site.
08:21:50 That has been removed.
08:21:51 This would be restored to play area for the day
08:21:55 care.
08:21:56 In addition, the overall children maximum
08:22:04 attendance or child occupancy was reduced from 90
08:22:08 to 80.
08:22:09 So, those were the modifications that were
08:22:13 reflected on the plan.
08:22:14 Let me just state that a rezoning or a special use
08:22:18 site plan may only control the property under the
08:22:22 legal description of the application.
08:22:23 If the applicant has made other arrangements for
08:22:27 off site or other improvements or agreements with

08:22:30 other properties within the area, that would not
08:22:31 be reflected on this plan.
08:22:34 This plan is reviewed for code subject to this
08:22:37 application.
08:22:37 The application was for a day care use.
08:22:40 There are criteria that go with that use and this
08:22:43 application has satisfied all those criteria as
08:22:45 indicated by code and there are no -- there
08:22:48 weren't any additional notations or other
08:22:51 commitments on anything that were placed on this
08:22:54 plan because this plan can only control the
08:22:56 property that's under the application.
08:22:58 Thank you.
08:23:01 >>CHARLIE MIRANDA: Any questions by Councilmembers
08:23:02 at this time?
08:23:03 Petitioner?
08:23:06 And I believe we made all the presentations, so
08:23:09 this should be a short brief.
08:23:11 >> Yes, sir.
08:23:12 This particular case was reviewed and discussed in
08:23:15 quite some detail at the last hearing.
08:23:18 We did continue to address concerns raised by
08:23:21 Council relative to loading, stacking and the
08:23:25 hours of attendance.
08:23:28 How many cars coming, the peak hour.

08:23:31 With that regard --
08:23:33 >> I need for the record, we know who you are, but
08:23:36 the public wants to see your stature.
08:23:39 >> Thank you, sir.
08:23:41 David M. Smith.
08:23:42 I'm a planner with Stearns Weaver Miller.
08:23:44 I'm not a lawyer, but I work for a law firm.
08:23:51 401 East Jackson Street.
08:23:51 In response to Council's comments, I'd like to
08:23:55 hand out two items.
08:23:57 One, we had a traffic study conducted, not only of
08:24:00 this site, but of additional day cares in South
08:24:02 Tampa.
08:24:03 For reference points to give us a baseline to show
08:24:07 what type of traffic generation, what the pickup
08:24:09 timing is, what the loading is, with respect to
08:24:13 how many cars on-site at any one time.
08:24:15 And we have also provided for an off-site parking
08:24:19 agreement, voluntary off-site parking agreement to
08:24:22 he deal with freeing up spaces on-site to address
08:24:25 concern with the loading with parents that would
08:24:27 like to drop off their kids, not a queue, but at
08:24:30 the park and take their kid to the front door.
08:24:33 Like to hand those out at this time.
08:24:36 >>CHARLIE MIRANDA: Managers Montelione?

08:24:46 >>LISA MONTELIONE: While he's passing those out, I
08:24:48 want to ask a question or point out that the site
08:24:50 plan has at the bottom proposed 13 parking spaces
08:24:57 required 12, but the staff report says, if I'm
08:25:02 looking at the staff, the right staff report, it
08:25:05 says 16 shall provided.
08:25:09 >> We pointed out the last hearing that was an
08:25:12 error in the staff report.
08:25:13 It's always been 13.
08:25:15 >>LISA MONTELIONE: So the staff report hasn't been
08:25:16 revised?
08:25:18 Was working off the same staff report as before?
08:25:20 >> Right.
08:25:23 >>ABBYE FEELEY: Yes, I did not provide a revised
08:25:25 staff report.
08:25:26 That staff report from May 8 is a continued public
08:25:29 hearing on that.
08:25:29 I just verbally went over what the modifications
08:25:32 were with you.
08:25:33 And I do believe that at that first hearing we did
08:25:35 discuss that there was an error.
08:25:37 >>LISA MONTELIONE: I had forgot that we discussed
08:25:39 that error.
08:25:40 >> What you have before you is, just to recap.
08:25:45 There where are concerns relative to the loading

08:25:47 and stacking on the site.
08:25:48 We made it clear that under the code we provide
08:25:52 one more parking Spains is required by the code.
08:25:55 In what we indicated that we had discussions with
08:26:01 voluntarily looking at having employee parking off
08:26:04 site, and entering into a lease agreement to
08:26:07 address freeing up some of those employee spaces
08:26:10 for in fact use by parents wanting to drop off
08:26:13 their children.
08:26:14 This agreement has been reviewed by the city
08:26:18 attorney's office.
08:26:19 It meets the standards with respect to automatic
08:26:22 renewal.
08:26:22 And that is voluntarily proffered to address part
08:26:26 of the concern.
08:26:27 Also we had we had commissioned a study because
08:26:32 there was much discussion how many people coming.
08:26:35 We got 90 kids.
08:26:36 We have 80, we have reduced that down.
08:26:38 How's the pickup and loading going to work?
08:26:41 Looking at other day care centers, what we
08:26:45 discovered is that there's day care centers
08:26:48 approved in South Tampa that has upwards of 123
08:26:51 kids with 12 parking spaces.
08:26:52 They have less parking spaces than we have and

08:26:55 we're only requesting 80.
08:26:56 So, what we have also did is looked at their
08:26:59 characteristics.
08:27:01 I have the traffic engineer that prepared the
08:27:03 study that can provide summary of his findings.
08:27:06 But essentially what we discovered, during the
08:27:09 p.m. peak hour, no more than 7 to 10 cars are on
08:27:12 the site at any one time dropping off children.
08:27:15 As I also indicated in our previous presentation,
08:27:19 is we have a service basically essentially we have
08:27:23 people that meet the parents at the gate, let them
08:27:27 get their children out and then they drive out the
08:27:30 queue.
08:27:30 Always you recall, we have approximately 160 or so
08:27:35 feet of driveway outside the turning radiuses of
08:27:40 the two access points for this activity to occur
08:27:44 in the stack.
08:27:45 We also have the ability now with freeing up ten
08:27:48 spaces on, from our property to use by children's
08:27:55 parents dropping off their children, to, for an
08:27:58 additional ten cars to pull off, park, get their
08:28:02 child out of the child care seat, walk them over
08:28:06 and put them into their, the day care.
08:28:09 What we have also discovered and again, I'll let
08:28:12 the transportation engineer describe this, is, we

08:28:15 have determine, discovered that the dropoff and
08:28:19 pickups are not necessarily in the p.m. peak hours
08:28:21 for the roadways that they're on.
08:28:23 They're spread out over a longer period of time.
08:28:26 Either before the p.m. peak hour starts or they
08:28:29 range after the p.m. peak hour.
08:28:31 Likewise, when they're picking them up, the pickup
08:28:34 period is actually even longer period of time
08:28:37 because of some drop them off for part day
08:28:40 programs, some they go pick up kids from school,
08:28:43 they come by and pick up the one in day care, they
08:28:45 take them home.
08:28:47 But I'll let the transportation engineer provide
08:28:50 the study because I think there was a lot of
08:28:52 concern, we have 90 cars coming all at one time.
08:28:55 I think what you'll see and hear from the
08:28:57 engineer, that's not the case.
08:28:59 Not just at our site, at the day cares around
08:29:02 South Tampa.
08:29:03 Like to introduce Mr. Ramirez who performed the
08:29:10 study and he can give you a quick synopsis how it
08:29:13 was done and what the results were.
08:29:15 >> Good evening.
08:29:17 I've been sworn in.
08:29:18 Carlos Ramirez, Bayside Engineering, 1104 East

08:29:19 Twiggs Street.
08:29:20 I consulted, I did a study of several locations,
08:29:25 two in South Tampa.
08:29:27 What we did, we had counts taken at driveways to
08:29:31 see how many cars were going in, how many cars
08:29:33 were leaving during all hours of the day, 24 hour
08:29:38 counts.
08:29:38 We took these counts, found out distribution of
08:29:40 the dropoff and pickups were spread out throughout
08:29:43 the day.
08:29:44 We also looked at the traffic along Bay to Bay and
08:29:49 nearby Dale Mabry avenue as well, and we saw the
08:29:53 distributions on these roads actually are not --
08:29:58 your normal distributions where you have a peak in
08:30:01 the morning and a peak in the evening the roads
08:30:04 pretty consistent throughout the whole day.
08:30:06 And the peak comes actually during the middle of
08:30:08 the day, which is peak time of the day cares, or
08:30:12 the day care as well.
08:30:13 So they're not going to augment the number of cars
08:30:19 on the roadway.
08:30:20 One correction I did want to make is that the
08:30:25 maximum number of cars at one time at the site was
08:30:28 not 7 to 10.
08:30:29 The maximum number was actually seven.

08:30:32 More like five to seven cars at one time that we
08:30:34 found different day cares throughout the area.
08:30:39 >>CHARLIE MIRANDA: Mr. Suarez?
08:30:40 >>MIKE SUAREZ: Thank you, chair.
08:30:41 Sir, I have a couple questions for you the.
08:30:43 I noticed that the locations for the other schools
08:30:46 that you studied.
08:30:48 Seaborn, Children's Nest and the Montessori
08:30:51 academy of Carrollwood, almost all of them are off
08:30:54 of less traveled streets.
08:30:57 I mean, they're more residential in character.
08:30:59 They're a little bit different.
08:31:01 Part of the discussion that we had at the last
08:31:05 hearing had not only to do with the number of
08:31:07 trips that were going to be from there.
08:31:10 Obviously parking was an issue in terms of the
08:31:12 timeframe for dropping offer and picking up
08:31:14 children.
08:31:14 But the other thing was the queuing along the
08:31:17 street of guy bay.
08:31:18 Differences is that Bay to Bay in my mind is a
08:31:22 main east-west thoroughfare for people in the
08:31:26 south Tampa area.
08:31:27 And especially because it's a cross street to Dale
08:31:30 Mabry.

08:31:30 Were there any other study subjects that you found
08:31:33 that kind of met something closer to that type of
08:31:36 scenario?
08:31:39 >> Montessori academy in Carrollwood, it is on
08:31:43 Boulevard, which is a bigger street than the other
08:31:47 two.
08:31:47 This one does have a lot more vehicles and there
08:31:51 were no queues in that one going in or out.
08:31:54 There were plenty of spaces.
08:31:56 >>MIKE SUAREZ: So there was no other comparable
08:31:59 day care that you could find to make your study
08:32:01 on, it sounds like.
08:32:03 >> Not the size, not similar lay out.
08:32:07 >>MIKE SUAREZ: Because of course there's very few
08:32:08 streets that are that heavily trafficked as Bay to
08:32:11 Bay is when you're talking about peak times, both
08:32:15 going and coming, you know, early in the morning
08:32:17 and later in the evening.
08:32:19 Is that correct?
08:32:20 >> That is correct.
08:32:21 >>MIKE SUAREZ: Okay.
08:32:22 Thank you.
08:32:23 You, chair.
08:32:25 >>CHARLIE MIRANDA: Yes, sir.
08:32:25 >> One clarification, I think what Mr. Ramirez,

08:32:28 just to make sure, in your review of the study,
08:32:31 and the traffic analysis done for this particular
08:32:33 site, there was no indication that there would be
08:32:35 a backup for people waiting to get into the site
08:32:38 based upon distribution of traffic.
08:32:40 >> That is correct.
08:32:41 With the most number of vehicles coming into the
08:32:43 site, which would be 7, there was plenty of
08:32:46 parking and plenty of driveway to handle, be
08:32:52 adequate.
08:32:53 >> I also don't think there's a traffic study
08:32:55 between Boulevard and Bay to Bay, see what the
08:32:57 traffic count really is.
08:32:58 >> Correct.
08:32:59 The traffic count was taken at Dale Mabry and Bay
08:33:00 to Bay since there is not one on that segment.
08:33:03 So the through traffic coming through that
08:33:05 intersection I believe is the count that was used
08:33:06 from FDOT.
08:33:07 >>CHARLIE MIRANDA: Mr. Suarez?
08:33:09 >>MIKE SUAREZ: If I may, I think that your study
08:33:11 in terms of what you were looking at, you used the
08:33:14 growth rate that is determined by MPO standards.
08:33:16 But not an actual count in terms of that
08:33:20 particular road.

08:33:21 >> Correct.
08:33:22 >>MIKE SUAREZ: Just want to make sure we're clear
08:33:24 about this I understand what Mr. Smith is talking
08:33:27 about.
08:33:27 But the obvious aspect of this is that when you're
08:33:31 starting to study something like this, is that if
08:33:34 you don't have the same type of conditions, it's
08:33:36 hard to replicate.
08:33:37 I think that would be true, wouldn't it,
08:33:39 Mr. Ramirez?
08:33:40 >> Corrects.
08:33:41 We chose from Bay to Bay was the City of Tampa.
08:33:44 >>MIKE SUAREZ: Some of the data on here is a
08:33:45 little bit dated.
08:33:47 You have got some statistics from 2010 volumes.
08:33:50 And then you used a growth rate to get to 2013 it
08:33:53 looked like.
08:33:54 >> Correct.
08:33:55 >>MIKE SUAREZ: Just wanted to make sure.
08:33:56 So we're looking at data that is probably four
08:33:59 years old in some way, correct?
08:34:00 >> It's forecasted, yes, with acceptable
08:34:04 appropriate.
08:34:06 >> Thank you.
08:34:08 >> Can I answer one question?

08:34:10 >>MIKE SUAREZ: Didn't ask you a question.
08:34:12 >> I wanted to elaborate on this because the --
08:34:17 >>CHARLIE MIRANDA: You got your time to make your
08:34:18 presentation.
08:34:18 He's asking a question.
08:34:19 If you want to use your time to answer, you
08:34:21 certainly can.
08:34:22 I've had the clock off now for a couple of
08:34:24 minutes.
08:34:25 But I'm not going to have a debate and leave the
08:34:27 clock off.
08:34:28 >> One thing.
08:34:30 >>MIKE SUAREZ: Mr. Smith, I don't want to belabor
08:34:33 this point much, but you do have an expert.
08:34:35 I asked the expert the question.
08:34:37 He answered my questions.
08:34:39 You know, you don't need to collar nigh your own
08:34:41 expert.
08:34:42 Just wanted to make sure you understand that.
08:34:46 >> I will not have a debate with you, sir.
08:34:48 >>CHARLIE MIRANDA: Mr. Cohen?
08:34:51 >>HARRY COHEN: So, if I remember our last
08:34:54 discussion a few weeks back, clearly, clearly the
08:34:59 biggest concern that we had was about the size of
08:35:03 the dropoff area and the traffic backing up on bay

08:35:07 to bay.
08:35:08 You have 160 feet now in the driveway, is that
08:35:12 correct?
08:35:13 >> In the drive aisle that would be for dropoffs
08:35:16 that does not go into the parking area at all.
08:35:19 So it doesn't obstruct people from pulling into
08:35:21 the property off of the street.
08:35:26 >>HARRY COHEN: Right.
08:35:26 Okay.
08:35:27 So, one of the things that struck me about the
08:35:29 traffic study is that three out of the four that
08:35:32 were cited had drive aisles of over 200 feet.
08:35:35 And the one that didn't, which was children's
08:35:38 nest, which had 180, came off of a residential
08:35:43 street and also had what looked like an area with
08:35:47 like a large dead end, a large spill-out area, if
08:35:50 you will, where if the, if the driveway got backed
08:35:55 up, the traffic would spill out --
08:35:59 >> Into the public right-of-way.
08:36:00 >>HARRY COHEN: Into the public right-of-way.
08:36:02 But not into Bay to Bay Boulevard or something
08:36:04 like that.
08:36:04 I'm looking at the drawings here.
08:36:07 Into a residential street.
08:36:13 >> The drawings that you've identified do depict

08:36:17 what you've described.
08:36:18 What the study indicates, it's not a traffic study
08:36:22 with respect to the level of service on bay to
08:36:24 bay.
08:36:24 It shows you that of these centers, that five --
08:36:30 well, 7 to 10, I said, but five to 7 were the cars
08:36:35 seen on-site during these p.m. peak hours.
08:36:38 And it was to demonstrate that we had adequate
08:36:42 space on our property to house five to seven
08:36:45 without any stacking occurring on Bay to Bay,
08:36:48 plus, we freed up ten spaces for people to park
08:36:54 and actually drop their kids off.
08:36:56 So we improved the situation, plugs we documented
08:36:59 what the actual dropoff rate was.
08:37:01 There was a concern and it was in the
08:37:04 hypothetical, you got 90 kids, you have 90 cars,
08:37:08 you got them all coming in, they're going to be
08:37:10 stacked on bay to bay.
08:37:12 What we have demonstrated is that looking at
08:37:14 various day cares, that that is not the case.
08:37:17 >>HARRY COHEN: Do you know that the day cares that
08:37:19 you looked at had the same distribution of age of
08:37:22 children in them as the one that's being proposed?
08:37:26 One of the things I remember about the original
08:37:29 proposal was that it had infants.

08:37:31 An one-year-olds, who obviously would require more
08:37:34 time to unload out of the car.
08:37:36 I just wondered.
08:37:38 >> Well, most of these sites, other sites we
08:37:40 identified were larger facilities than us to begin
08:37:42 with and have less parking.
08:37:45 >>HARRY COHEN: I just asked --
08:37:47 >> I do not know the distribution of the children
08:37:49 in there.
08:37:49 But I would assume that there is a variety of ages
08:37:53 since they're day cares.
08:37:54 They're not schools.
08:37:56 >>HARRY COHEN: Thank you.
08:37:57 >>CHARLIE MIRANDA: Any other questions?
08:38:01 Ms. Montelione?
08:38:04 >>LISA MONTELIONE: Thank you.
08:38:05 A couple of questions.
08:38:08 Well, one just something small that I noticed.
08:38:13 The report, the traffic report says that the
08:38:16 occupancy, or the capacity would be 83 students.
08:38:19 But it should be 80, correct?
08:38:21 >> Right.
08:38:22 Which makes the report even more conservative.
08:38:24 >>LISA MONTELIONE: Just want to make sure that
08:38:25 we're talking the same numbers.

08:38:27 >> Yes, ma'am, we are.
08:38:28 >>LISA MONTELIONE: And the other is that, I
08:38:31 don't -- you can't tell from the drawings that are
08:38:34 provided with the packet, and you can't tell by
08:38:42 the statistics, or the measurements that are given
08:38:45 here.
08:38:46 What I'm looking at is the width of the drive
08:38:50 aisles.
08:38:51 Because say for some reason, someone in that queue
08:39:00 takes a long time or something happens and they
08:39:03 have to run inside or whatever the case may be.
08:39:06 With the width of what you have, it would be
08:39:13 impossible for somebody to pull around them.
08:39:16 But I can't tell from looking at the field
08:39:20 location sheets and the drawings that are here,
08:39:27 what the drive aisle width is.
08:39:31 And maybe Jonathan from our transportation
08:39:33 division, do we have standards for such a thing?
08:39:36 >> This is a one-way drive.
08:39:42 So it's 12 feet wide.
08:39:46 They only travel one way, so you don't have
08:39:48 traffic conflict in a dropoff.
08:39:50 >>LISA MONTELIONE: Right.
08:39:50 I'm asking about space to pull around the car that
08:39:55 is in.

08:39:58 >>ABBYE FEELEY: If I may, much like a drive-thru
08:40:01 window, like at Dunkin' Donuts, Dunkin' Donuts
08:40:05 that have a drive-thru window that have no bypass
08:40:08 lane.
08:40:08 We don't require there is a bypass lane.
08:40:11 So we would not require there's a bypass lane for
08:40:15 one-way drive.
08:40:16 We have drive-in windows at banks and others that
08:40:20 have queuing, we have standards for that queuing
08:40:23 too.
08:40:23 Which is 154 feet.
08:40:26 So McDonald's in the middle of lunch hour, our
08:40:27 queue requirements is 154 feet.
08:40:31 He has 160 feet.
08:40:33 We don't require there's a bypass there.
08:40:35 We don't require that there's a bypass here.
08:40:37 Our special use standards say there's --
08:40:40 >>LISA MONTELIONE: I don't know that we can
08:40:41 compare a day care to a bank drive-up window or a
08:40:48 fast food drive-up window.
08:40:52 >> That have a queuing lane.
08:40:54 I give you a point of reference for a queuing
08:40:56 lane.
08:40:56 >>LISA MONTELIONE: But it doesn't seem to me to
08:40:58 make sense because, you're not disembarking

08:41:02 passengers at a bank drive-thru lane or a drive-up
08:41:09 window.
08:41:10 >> But you have a transaction occurring.
08:41:12 You're either getting food, making payment.
08:41:15 >>LISA MONTELIONE: But it's not passenger pickup
08:41:16 and drop off.
08:41:19 >>ABBYE FEELEY: Just wanted to give you that
08:41:20 reference for standard and we don't require bypass
08:41:22 lane.
08:41:23 >>LISA MONTELIONE: Transaction is a little bit
08:41:25 different than disembarking a vehicle.
08:41:28 >> From the technical standards in the code, we do
08:41:29 meet the technical standards for spacing and size
08:41:31 of one-way drive.
08:41:32 Additionally, that's why we have additional
08:41:35 parking freed up, so once they got in this queue
08:41:38 lane, decided they want to get out and do
08:41:40 something inside, they can drive up and do it.
08:41:42 We also have a requirement that, if they want to
08:41:47 have student teacher visits, they have to schedule
08:41:49 an appointment.
08:41:51 They cannot do it just when they want to.
08:41:53 >>CHARLIE MIRANDA: Her question was driving in a
08:41:55 lane.
08:41:55 I understand that any other question by

08:41:57 Councilmembers?
08:41:57 You can continue now with your presentation,
08:41:59 Mr. Smith.
08:42:01 >> Essentially, we have, we can provide testimony
08:42:06 from an operating that's operated six day cares,
08:42:10 with over 600 children, operating this queuing and
08:42:13 valet system.
08:42:14 She's here tonight if you'd like to hear from her.
08:42:17 We know this operates.
08:42:18 It operates in other centers.
08:42:20 And if you review other properties that the City
08:42:23 Council has approved for day care, you will find
08:42:25 that we have the best queue of all day care
08:42:29 centers in the city.
08:42:31 You have some that have four parking spaces and no
08:42:34 queue.
08:42:34 You have, we have also been very conservative on
08:42:39 our staffing.
08:42:39 The staffing under the code only requires us to
08:42:40 have 7 staffers.
08:42:41 We could've come in and said we often have seven
08:42:44 staff and only provided 7 spaces.
08:42:46 We didn't.
08:42:46 We said we're going to provide more staff for
08:42:49 children.

08:42:49 It's a month soiree school.
08:42:52 Quality environment.
08:42:53 So we had 11.
08:42:54 That's why we ended up with 13 parking spaces.
08:42:56 Now we have made arrangements to free up these
08:42:58 spaces to address over and above what would be the
08:43:02 standard applied to queuing and dropoff and
08:43:05 loading for day care.
08:43:06 We believe that we deserve to be approved.
08:43:10 We have provided documentation and evidence of
08:43:12 studies that support our position.
08:43:15 And will be glad to answer any questions.
08:43:17 Or --
08:43:19 >>CHARLIE MIRANDA: I'm just going to state for the
08:43:20 record, it's not up for us to decide if we want to
08:43:23 hear the gentleman or individual.
08:43:25 It's up to you.
08:43:26 Do you what you want.
08:43:27 >> I was just saying if they have any questions,
08:43:29 if they want to hear from that person, she'd be
08:43:31 glad to testify how they operate in the queue.
08:43:36 >>CHARLIE MIRANDA: It's your 15 minutes, it's your
08:43:37 time.
08:43:37 Right now we don't have any questions that I see
08:43:40 until he makes a presentation.

08:43:41 Or you finish yours.
08:43:43 >> Yes, sir, I'll reserve any time that I have
08:43:45 left.
08:43:45 Thank you, sir.
08:43:46 >>CHARLIE MIRANDA: That's for rebuttal I assume.
08:43:49 >> Yes, sir.
08:43:49 >>CHARLIE MIRANDA: Anyone in the public care to
08:43:51 speak in this item, item 11, SU2-14-06.
08:43:56 Please come up.
08:43:57 If there is more than one, please line up so we
08:44:00 can hear you simultaneously just about one after
08:44:02 the other.
08:44:02 >>CHARLIE MIRANDA: If anyone has not been sworn?
08:44:16 All right.
08:44:16 Let's swear in who has not been sworn.
08:44:19 [Oath administered by Clerk]
08:44:20 >> Good evening.
08:44:35 I'm Jonathan Browie.
08:44:36 I live at 3623 West Santiago Street.
08:44:40 My wife's and I property abut the western 25 feet
08:44:45 of the southern boundary of the planned
08:44:47 development.
08:44:48 Will be a little bit of repetition from what I
08:44:51 said at the last hearing.
08:44:52 So apologize for that.

08:44:54 But want to get it on the record.
08:44:56 From Himes to Lois, there are five long blocks
08:44:59 which are zoned residential on both sides of Bay
08:45:03 to Bay.
08:45:03 The exceptions are the office buildings along, or
08:45:06 on Dale Mabry, which obviously makes quite a bit
08:45:08 of sense.
08:45:08 The small quiet senior homes living center, which
08:45:13 was probably spun off from the church just a block
08:45:16 off, or half a block off of Dale Mabry.
08:45:18 And a small office building which was probably a
08:45:23 converted home, which is next to that senior
08:45:26 living facility.
08:45:27 Everything else is zoned residential from Himes to
08:45:31 Lois.
08:45:32 So my wife and I looked to buy into this
08:45:36 neighborhood back in 2000.
08:45:37 I looked at the zoning maps just to see what was
08:45:40 going on.
08:45:40 And I had comfort that most of the commercial
08:45:43 development would stay east of Himes.
08:45:46 Now this is not doing it.
08:45:48 A day care is obviously helping kids, but it's
08:45:52 also a business and a commercial enterprise.
08:45:54 So, I feel this development will begin to change

08:45:59 the development, or the character of the immediate
08:46:02 neighborhood.
08:46:03 Another concern I have is the noise being next
08:46:06 door.
08:46:08 The PDs that were recently -- last few years
08:46:12 approved, east of Himes, they have masonry walls
08:46:17 along the boundaries of those properties.
08:46:20 And I would think that those would help with the
08:46:23 noise.
08:46:24 That's one of the concerns that I have as an
08:46:25 immediate neighbor.
08:46:26 And here we have a privacy fence.
08:46:29 A chain link fence, if I can understand the plans
08:46:32 correctly, a few feet off the southern boundary.
08:46:35 And while the trees are nice, I don't think
08:46:37 they'll help with the sound buffer of the
08:46:41 property.
08:46:42 And so, I'm stating all of this in addition to all
08:46:45 the queuing and traffic concerns which have been
08:46:50 brought up by the Council and I'm sure by the
08:46:52 other neighbors.
08:46:53 Thank you very much.
08:46:54 >>CHARLIE MIRANDA: Thank you very much, sir.
08:46:54 Next please?
08:46:56 >> Hi.

08:46:57 Julie Carter, 3625 West Santiago.
08:47:01 I'm on the corner of Santiago and sterling.
08:47:03 I apologize, but I drove nine hours to get here.
08:47:06 I think it's that important.
08:47:08 >> You didn't speed, did you?
08:47:10 >> No, I did not speed.
08:47:12 >>CHARLIE MIRANDA: All right.
08:47:12 Don't forget, you're sworn in.
08:47:14 >> That's why I took nine hours to get here.
08:47:16 [ Laughter ]
08:47:17 >> You've addressed the traffic --
08:47:24 >>CHARLIE MIRANDA: Excuse me, we're having a
08:47:26 little fun.
08:47:27 We have been here a long day today.
08:47:29 The comment was made from Bay to Bay.
08:47:31 Not quite that bad yet.
08:47:35 >> We have talked about Bay to Bay, the traffic.
08:47:38 One example of that is the church on corner of
08:47:40 Dale Mabry and Bay to Bay holds a summer camp.
08:47:45 They have a police officer out there.
08:47:48 They have cones set up for dropoff, for pickup.
08:47:52 And it's a zoo.
08:47:53 I don't know if you've been by there this week.
08:47:56 I was by there on Monday.
08:47:57 I live right there my husband's been by.

08:48:00 It's a zoo.
08:48:01 So they're proposing to add this day care, but,
08:48:04 and they have tons of parking.
08:48:06 But they still have police officers.
08:48:08 They said they don't have off-site parking for
08:48:10 their employees.
08:48:11 Who's going to enforce that?
08:48:13 Are we going to go every morning and stand there
08:48:15 and say nope, you can't park here, go move
08:48:18 somewhere else?
08:48:18 There's no way to enforce something like that so
08:48:21 I'm not calling them, saying they're not telling
08:48:23 the truth, but we don't know who's going to
08:48:26 enforce that.
08:48:27 They could say they're going to do that but that
08:48:29 doesn't necessarily mean inclement weather,
08:48:32 employees running late, I know the church isn't
08:48:35 going to allow it.
08:48:36 I spoke to them today to make sure that's what was
08:48:39 going on and why there was so much more traffic.
08:48:41 When they did their study, it's a possibility
08:48:44 school wasn't out or wasn't in full session
08:48:47 because seniors graduated early.
08:48:49 You don't know those things.
08:48:50 The noise and one of the studies by the way was

08:48:53 their other day care center on north boulevard.
08:48:56 And the noise, they can say they're only going to
08:49:00 have kids out for ten minutes.
08:49:01 It's still ten minutes.
08:49:03 Still extra noise.
08:49:04 Also along and every afternoon.
08:49:07 There are so many things they can say that it
08:49:09 can't be enforced.
08:49:10 And if it can't be enforced, then it's just
08:49:13 putting a hindrance to the neighborhood.
08:49:15 So between the parking, great, they're going to
08:49:19 park somewhere else.
08:49:20 We don't know they're actually going to do that.
08:49:23 Between the traffic.
08:49:24 They can't predict what Bay to Bay is going to be.
08:49:26 We live there, we see it every day.
08:49:28 I saw the traffic on sterling from the woman that
08:49:31 lives across the street from me with ten kids and
08:49:35 an art studio.
08:49:36 I don't see how it could possibly work.
08:49:39 Don't see how it could work safely, without the
08:49:42 noise.
08:49:42 Can't see how it will work without a hindrance to
08:49:45 the neighborhood.
08:49:46 I'm not in development.

08:49:49 I don't know what the property values are going to
08:49:51 do.
08:49:52 Sorry.
08:49:52 But I can't see it working.
08:49:54 That's why I drove nine hours to get here.
08:49:56 >>CHARLIE MIRANDA: Thank you very much.
08:49:57 Appreciate it.
08:49:58 Next please?
08:50:02 >> Before get started, quick question.
08:50:08 Can the Council tell us where the proposed parking
08:50:10 a is that they're?
08:50:15 >>CHARLIE MIRANDA: There's a lease here.
08:50:16 I'll get you a copy of it.
08:50:19 >> Can you announce where it is?
08:50:24 >>MIKE SUAREZ: If I could, chair, it's at 3616 Bay
08:50:26 to Bay.
08:50:27 And looks, it's at the Palma Ceia Baptist.
08:50:31 If I'm correct about that.
08:50:35 >>CHARLIE MIRANDA: That's what it says here.
08:50:36 Yes, sir?
08:50:37 >> My name is Mark Eckerdly, 3611 West Santiago
08:50:41 Street.
08:50:42 I live in the property kind of behind and
08:50:45 diagonally behind it.
08:50:47 Turn the monitor on, please.

08:50:49 >>CHARLIE MIRANDA: No, you just flip it with your
08:50:51 hand.
08:50:52 >> Again, the concern has been with the queuing
08:50:59 coming the front of the building and dropping the
08:51:02 kids off.
08:51:04 However that's going to work, going to get out.
08:51:07 And traffic is going to continue on down Bay to
08:51:09 Bay, most likely these people are coming from the
08:51:13 west and come down Himes.
08:51:15 Take a right, go down Santiago, our street, and go
08:51:19 back to Dale Mabry where they came from.
08:51:21 There's traffic coming from the east, it's not
08:51:27 going to be able to cross Bay to Bay.
08:51:29 It's a four lane street, very busy.
08:51:32 They're going to need to come down Himes, come
08:51:34 down Santiago and go back trout get to this
08:51:38 queuing area.
08:51:40 I see traffic increasing significantly down our
08:51:44 street.
08:51:44 Again, these are the properties in question.
08:51:49 This is their parking right here that they have
08:51:53 currently, that they will in the future.
08:51:55 Again, Palma Ceia united Methodist church here,
08:52:00 two large parking lots which are filled and often
08:52:03 special events, parking on the street all the way

08:52:05 to Himes.
08:52:06 Right now, this is a new development that went in
08:52:09 with new offices.
08:52:11 Created significant increased traffic down our
08:52:14 street already.
08:52:14 Seems to be a church also, changed over.
08:52:18 And this is the Baptist church way over here that
08:52:22 they spoke of.
08:52:25 And this is the corner of Himes and Bay to Bay
08:52:27 where they put in cameras because of the large
08:52:29 increase of accidents at that corner.
08:52:32 When I spoke with the Pastor Hodges at Baptist
08:52:38 church yesterday or two days ago, he wasn't aware
08:52:46 of any parking arrangements.
08:52:47 He said arrangements with parking were with the
08:52:49 other two churches in the area.
08:52:51 For weddings and what not.
08:52:53 So, as you can see, it's a pretty long walk down
08:52:57 the street across Himes and Bay to Bay for
08:53:02 overflow parking.
08:53:03 We would like to see is keeping this residential.
08:53:06 When we moved in, bought our house ten plus years
08:53:08 ago, it was zoned residential.
08:53:10 So, and directly across the street from the
08:53:14 proposed property are three relatively new houses

08:53:16 that have been built, very good looking houses.
08:53:21 So, as you can see, the traffic on our street,
08:53:25 this is take the a picture of all the cars on our
08:53:30 street.
08:53:31 As you can imagine, additional cars trying to get
08:53:33 down our street.
08:53:37 Much more to say, but I guess I'm out of time.
08:53:40 I appreciate your time.
08:53:43 >>CHARLIE MIRANDA: Thank you very much, sir.
08:53:45 Next please?
08:53:46 >> My name is cat ray.
08:53:58 I live 3615 Santiago in the property directly
08:54:03 behind the parking lot.
08:54:04 We have been in the home now for 21 years.
08:54:09 And the neighborhood has just become, you know, a
08:54:15 wonderful place for children to grow up.
08:54:17 I'm afraid this is going to drastically change it.
08:54:20 I have a very big concern about that traffic stop.
08:54:26 At Himes and bay to bay.
08:54:28 My daughter was hit by a car, 8:00 in the morning,
08:54:33 at that intersection.
08:54:34 Maybe 15 years ago.
08:54:37 So that still stands out in my mind.
08:54:41 You can hear the crashes that have occurred there,
08:54:43 from my home.

08:54:45 So I feel that this increase in traffic that's
08:54:47 going to occur undoubtedly from this day care
08:54:51 center, we're just going to see a lot more
08:54:54 accidents.
08:54:54 Hopefully no fatalities.
08:54:56 There are cameras there now.
08:54:57 But I don't know that that's going to prevent
08:55:01 accidents from happening.
08:55:02 So, I think in many ways, it's going to be a
08:55:06 detriment to many people in our neighborhood.
08:55:09 So, I hope it won't happen.
08:55:12 >>CHARLIE MIRANDA: Thank you very much.
08:55:13 Next please?
08:55:14 >> My name is Amy burns, 3609 Santiago Street with
08:55:23 my husband Robert burns.
08:55:24 We're both self-employed and we work from home and
08:55:27 you know, we're concerned a little bit about the
08:55:30 noise.
08:55:30 But our primary concern is the increase this
08:55:32 traffic along Santiago Street.
08:55:34 And just as mark explained, you know, our
08:55:39 interpretation of the dropoff system, anybody who
08:55:42 has to head west again is inevitably going to turn
08:55:46 onto Santiago after they've dropped their children
08:55:48 off and there's going to be a huge increase.

08:55:51 Already it's a problem.
08:55:52 There are a lot of small children that live on our
08:55:54 street and we're concerned for their safety.
08:55:55 But, obviously, it's a business concern and you
08:56:00 know, they have a lot invested in it and would
08:56:04 like to go forward.
08:56:05 But as residents, we wouldn't.
08:56:06 So thank you.
08:56:07 >>CHARLIE MIRANDA: Thank you.
08:56:07 Next?
08:56:08 >> My name is Deborah Johnson and my husband David
08:56:15 Johnson is in back.
08:56:17 We own the two houses that are directly next to,
08:56:20 on the east side, we own 3612 west Bay to Bay.
08:56:23 We also own 3608 west bay to bay.
08:56:25 So, we are directly next door to this property.
08:56:28 And I appreciate all night long, we talk about a
08:56:32 lot of hypothetical situations about traffic.
08:56:34 But we have owned both these homes for over a
08:56:37 dozen years.
08:56:37 And I can tell you that it's been a problem, they
08:56:42 are rentals for us.
08:56:43 It's been a problem for young families aren't
08:56:45 interesting in renting there because of the
08:56:47 traffic.

08:56:48 But the big problem that we face is if you've ever
08:56:51 been in that property, we have a circular driveway
08:56:54 in both properties, even when you want to go out
08:56:56 to get on to Bay to Bay, whether you go directly
08:56:59 ahead or you have to back out, backing out is
08:57:02 treacherous.
08:57:03 At certain times of the day, it isn't just the
08:57:05 problem of the traffic.
08:57:07 But because of the light at Himes, that light
08:57:10 backs up traffic.
08:57:11 And there are times there's traffic all the way
08:57:14 passed our two driveways and past the driveway
08:57:17 where they're going to.
08:57:18 So when those people come out, it isn't just the
08:57:21 problem that Bay to Bay is flowing.
08:57:24 Sometimes Bay to Bay is the tied up there at Himes
08:57:26 two, three lights before we get everybody out.
08:57:28 So it really is quite treacherous.
08:57:30 So, I appreciate that they're going to have a
08:57:33 circular driveway and have space and only going to
08:57:35 have a few people.
08:57:36 But the problem really is the traffic that already
08:57:39 exists and the problems that exist because of that
08:57:41 life.
08:57:41 And you know, so I don't think it's just a

08:57:45 hypothetical problem.
08:57:46 It's a serious problem.
08:57:47 And we have granddaughters.
08:57:49 My kids are all grown, 40, 36.
08:57:51 But we have granddaughters.
08:57:53 And when we pick them up at school and day care
08:57:56 over the years, all the above, I appreciate you
08:57:58 had that lane where everybody can, they can't --
08:58:02 her point was well founded.
08:58:03 They can't pass.
08:58:04 And I appreciate everybody was to pull in, but
08:58:07 there's also mom who stops right inside the
08:58:11 driveway and she stops and gets out of the car and
08:58:13 goes in.
08:58:14 And everybody behind her is backed up.
08:58:16 And there's no place for them to go and it's not
08:58:19 like picking up a hamburger or picking up, doing
08:58:22 bank deposits.
08:58:23 Because even banks won't let you walk in the
08:58:25 driveway, because they think it's dangerous.
08:58:27 The problem really is, then the traffic really
08:58:30 does back up.
08:58:31 Somebody's got to go find this person.
08:58:33 It happens all the time.
08:58:34 And sometimes men too.

08:58:36 You know, I'm a product of my era I'm afraid.
08:58:39 But the other question, how long is that lease
08:58:41 for?
08:58:41 You know, the employees are going to park.
08:58:46 Anyway, I'm concerned.
08:58:47 If you look at St. Johns and you look at girls
08:58:50 academy and look at what's happening on MacDill,
08:58:52 it's a nightmare.
08:58:53 But it is a problem on Bay to Bay.
08:58:55 >>CHARLIE MIRANDA: Thank you very much.
08:58:55 Anyone else who has not spoken care to speak?
08:58:58 Petitioner, you have five minutes for rebuttal,
08:59:01 sir.
08:59:02 >> Thank you, chairman.
08:59:07 A couple things.
08:59:09 One address the noise issue.
08:59:11 No more than 20 students are allowed at the
08:59:14 playground at anyone time.
08:59:16 We are prepared to limit the hours of operations
08:59:20 of the playground in order to address some of
08:59:23 their concerns of duration and noise.
08:59:25 That could be limited to the hours of 10:40 a.m.
08:59:29 to 2:00 p.m.
08:59:30 We only operate during essentially working hours.
08:59:33 We're not open on weekends.

08:59:35 So that would be a mitigation.
08:59:37 The other thing to point out, the traffic, again,
08:59:43 we weren't doing a traffic study.
08:59:45 We were doing a operational study, and how many
08:59:50 people show up at a given time.
08:59:53 To demonstrate there is no stacking as a result of
08:59:55 our project.
08:59:56 Yes, there are operational issues on Bay to Bay
08:59:59 and other roads.
09:00:00 However, if people are stuck in the light, our
09:00:02 people will not be able to pull in, therefore,
09:00:04 they're not going to be stacking onto the road.
09:00:06 Likewise when exiting, they're in our sight,
09:00:09 they're not out on the street block traffic.
09:00:11 We have more stack and more parking available,
09:00:14 given the size of the facility planned, than any
09:00:17 other day care that has been approved by the City
09:00:20 of Tampa.
09:00:21 This is over and above the requirements and we
09:00:25 have made efforts.
09:00:26 Now, with respect to the parking lease, the
09:00:30 gentleman in question did approach the pastor,
09:00:32 pastor advises that he did.
09:00:34 He didn't let the pastor sign the lease.
09:00:38 But the church has signed the lease.

09:00:39 You have a copy in front of you that's notarized.
09:00:42 It is witnessed.
09:00:44 It is an effective lease.
09:00:46 This walking in the driveway issue.
09:00:48 The reason we have the dropoff system, the fence
09:00:51 and the gate is that we have staff there.
09:00:55 Nobody is going to be getting out.
09:00:56 Parking their car in the driveway, walking into
09:00:59 this building without the person that is operating
09:01:02 it getting them out of the way, because we have
09:01:04 adequate parking for them in the lot next door.
09:01:08 There's no reason for them to park in the drive
09:01:10 aisle.
09:01:10 And we have more than enough capacity on-site to
09:01:13 handle them, even more than is required by the
09:01:16 code.
09:01:16 As far as people circulating on Santiago, I viewed
09:01:22 the neighborhood.
09:01:22 I would not drive on Santiago because there are so
09:01:25 many cars parked in the street everybody knows if
09:01:27 you have impediment to driving down a street, you
09:01:30 don't drive down that street.
09:01:31 You find your least path of resistance.
09:01:34 You circulate to get there the easiest way you can
09:01:37 and you're not going down a street that has a lot

09:01:40 of parking on the street.
09:01:42 It's conjecture on my part.
09:01:44 Also conjecture on their part on how people
09:01:47 circulate.
09:01:48 All in all, we meet the tenets of the code.
09:01:52 We provide documentation of our stacking and
09:01:54 loading.
09:01:54 We have provided a professional analysis that
09:01:56 indicates that how we can operate and that we're
09:01:59 not going to stack on to Bay to Bay.
09:02:01 Be glad to answer any other questions.
09:02:03 But we respectfully request your approval.
09:02:06 >>CHARLIE MIRANDA: Any questions by Councilmembers
09:02:07 at this time for Mr. Smith?
09:02:08 Want to thank you.
09:02:10 Did you a very professional job in making your
09:02:13 presentation.
09:02:13 Any other questions?
09:02:16 Need a motion to close.
09:02:17 >> Move to close.
09:02:18 >>CHARLIE MIRANDA: Motion to close by Mr. Cohen,
09:02:20 second by Ms. Montelione.
09:02:23 All in favor of the motion, please indicate by
09:02:24 saying aye.
09:02:26 Opposed nay.

09:02:27 Motion to close is presented, passed.
09:02:31 6-0.
09:02:32 Okay, what's the pleasure of the Council on this
09:02:34 item number 11?
09:02:37 -II-14-06.
09:02:40 >> Chair?
09:02:41 >>CHARLIE MIRANDA: Mr. Suarez?
09:02:42 >>MIKE SUAREZ: I'd like to make a motion to deny
09:02:44 the applicant, based on general standards section
09:02:48 27-1295 B-1, ingress and egress, due consideration
09:02:56 shall be given to adequacy of ingress and egress
09:03:00 to property and structures and uses thereon, with
09:03:02 particular reference to automotive and pedestrian
09:03:04 safety and convenience, traffic flow and control
09:03:08 and access in case of fire or other emergency.
09:03:11 Based on the testimony by Mr. Ramirez, the expert
09:03:15 for the applicant, in terms of the study, or I
09:03:21 won't call it a study, but in terms of his report
09:03:24 concerning not an adequate similar road that was
09:03:29 studied for those timeframes and at that type of
09:03:33 traffic.
09:03:34 >> Second.
09:03:35 >>CHARLIE MIRANDA: Motion for denial by
09:03:36 Mr. Suarez.
09:03:36 I have a second by Mr. Cohen.

09:03:38 Further discussion by Councilmembers?
09:03:40 All in favor of the motion for denial by
09:03:42 Mr. Suarez, second by Mr. Cohen, please indicate
09:03:45 by saying aye.
09:03:45 Opposed nay.
09:03:47 Motion passes to deny unanimously.
09:03:50 Thank you very much for attending.
09:03:52 >> Motion carried with Capin being absent at vote.
09:03:55 >>CHARLIE MIRANDA: Okay.
09:03:56 I need a motion by Councilmembers to receive and
09:04:01 file all documents concerning all these matters
09:04:03 today.
09:04:04 I have a motion by Ms. Montelione, second by
09:04:06 Mr. Cohen.
09:04:08 Of the ayes have it unanimously.
09:04:12 Information reports by Councilmembers.
09:04:14 Left to right.
09:04:14 Ms. Montelione?
09:04:16 >>LISA MONTELIONE: No new business, sir.
09:04:17 >>CHARLIE MIRANDA: Thank you very much.
09:04:18 Mr. Cohen?
09:04:19 >>HARRY COHEN: Just one item, sir.
09:04:20 I would like to make a motion for a commendation
09:04:23 to Mr. Odie Jones for the work that he has done to
09:04:27 save and clean Bobby Hicks Lake.

09:04:29 Recently, not too long ago, the city bought a
09:04:33 major new piece of equipment and I don't know if I
09:04:36 can put it up on the screen or not.
09:04:38 But they actually named it after Odie.
09:04:41 He was the inspiration for the skimming of the
09:04:44 lake.
09:04:44 So we will get with him to come up with the date.
09:04:47 But we would like to commend him for his hard
09:04:50 work.
09:04:51 >>CHARLIE MIRANDA: Thank you.
09:04:52 All right.
09:04:52 I have a motion -- let me hold that till we find
09:04:56 out -- I understand.
09:04:58 I appreciate it very much.
09:05:00 Ms. Mulhern?
09:05:01 Mr. Reddick?
09:05:03 >>FRANK REDDICK: Yes, chair, got one item.
09:05:05 Requesting commendation to present to -- I'm going
09:05:11 to stamp this on to you, probably going to say it
09:05:13 wrong.
09:05:14 For the Don woods bora community who will be
09:05:19 celebrating what they consider holiness and they
09:05:24 would like a commendation recommendation his
09:05:27 arrival to the city on June 26th.
09:05:30 From India.

09:05:32 >> Second.
09:05:33 >>CHARLIE MIRANDA: Motion by Mr. Reddick, avenue
09:05:35 second by Mr. Cohen.
09:05:36 Further discussion by councilmembers?
09:05:38 All in favor of the motion, please indicate by
09:05:39 saying aye.
09:05:40 The ayes have it unanimously.
09:05:40 Mr. Suarez?
09:05:41 >>MIKE SUAREZ: Yes, sir.
09:05:42 I just have one item to clear up a motion that was
09:05:45 made by myself at the may 22nd Council
09:05:48 session.
09:05:49 That the motion for the national dump the pump
09:05:52 day, that commendation will be presented on
09:05:55 June 19th, 2014.
09:06:02 >>CHARLIE MIRANDA: Motion by Mr. Suarez.
09:06:04 Further discussion?
09:06:05 All in favor of the motion, please indicate by
09:06:07 saying aye.
09:06:07 The ayes have it unanimously.
09:06:07 Anything else to come before this, all you 512
09:06:11 people care to come up and address Council in any
09:06:14 matter?
09:06:15 All right.
09:06:15 Anything else, clerk?

09:06:18 Anything?
09:06:19 Stand adjourned.
09:06:19 (Thereupon, the meeting adjourned.)

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