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Tampa City Council
Thursday, July 21, 2005
5:30 p.m. session

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[Sounding gavel]
>>LINDA SAUL-SENA: Good evening.
Tampa City Council is now called to order.
I encourage everybody to find a comfortable seat.
Our invocation this evening will be done by someone presented by council member John Dingfelder.
>>JOHN DINGFELDER: It's my honor to introduce Pastor Tony Smart.
Pastor Smart is the pastor of Victory Baptist church, which is on South MacDill near the base, and he's a veteran of the Air Force, came to us from Panama and became a citizen about 25 years ago.
He earned his doctorate in ministry in theology from Florida, Miramar Baptist college.
We are honored to have him here as well as his wife and his family, and several of his parish.
Pastor, if you would join us at the podium, join us at the invocation, followed by the pledge of allegiance.
>>> Good evening, ladies of the Tampa City Council and fellow citizens.
It is a privilege to be here with you this evening.
I would like to make some remarks before I proceed with prayer if you'll allow me to.
In the Declaration of Independence, of our great nation, there is a statement that states that we hold these truths to be self-evident that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and a pursuit of happiness, to secure these rights governments are instituted among men for their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it and to institute a new government, lay its foundation on such principles and organize its powers in such form as to them shall most likely fit their safety.
And along with that, in our Bible, the Old Testament, in second Samuel, 23 in verse 3, it states he that ruleth over man must be just.
Ruling in the fear of God.
Along with that, one nation bending it's needs understand one loving, righteous, merciful God will be indivisible, one nation bound by plurality of gods is destined for chaos and strife.
One nation without God will eventually lose its sense of purpose, its civility and its freedom.
And now may we bow our heads for prayer.
Heavenly father and our God, we do thank thee for life, for liberty and for opportunity to receive eternal salvation through thigh son the Lord Jesus Christ.
I ask your blessings upon members of this council, grant them wisdom from on high, that they might make sound decisions and justly manage the affairs of this City of Tampa, and may you bless them individually according to your own perfect will.
I ask it in the name of the savior Christ the Lord, amen.
>>JOHN DINGFELDER: Pastor Smart, it's good to hear you and it's good to hear the Constitution every now and then.
>> I want to point out that the national conference for community and justice has developed a brochure called prayer in public places, and it provides guidelines for prayer that's appropriate for a pluralistic community.
And I encourage all the council members to share that with people who they invite to give invocations.
>>JOHN DINGFELDER: Thank you.
>>LINDA SAUL-SENA: Roll call.
>>JOHN DINGFELDER: Here.
>>LINDA SAUL-SENA: Here.
>>MARY ALVAREZ: Here.
>>KEVIN WHITE: Here.
>>LINDA SAUL-SENA: We'll begin with the public hearing regarding the community development block grants.
Do we need to move to open?
>>MARY ALVAREZ: So moved.
>> So moved.
(Motion carried)
>>LINDA SAUL-SENA: This evening, as you can tell, we have four council members.
Three of our council members -- we have four.
Three are not able to be present.
So after we have the community development block grant presentation, we will go through our rezoning requests, and because in order to have a rezoning approved, you have to have four votes.
Some of the petitioners have requested continuances until next meeting when they would have a full council.
So I just wanted to make you aware of that.
And we'll go through the list and look at the ones who have requested continuances after we have this presentation on community development block grants.
Mr. Stefan.
>>JIM STEFAN: Jim Stefan, budget officer.
I have a handout for council.
I have a brief PowerPoint presentation that I'd like to go over with council, and we did this PowerPoint presentation Monday with the citizen advisory group, and we did it for several of council people that are here, and several of the ones that aren't here, also.
But let me just start off, because some people haven't seen it especially you.
As we have done in the past hopefully we improved the process a little bit.
I beg your indulgence.
This is the only one that's a lot of print on it but it's basically our calendar of events that starts with last Monday when we met with the advisory group and went over the proposed statement with them, and it refers to this meeting that we're having today, and then it goes through the approval process by council on August 4th.
Has to be transmitted August 15th.
And then adoption of the program on or about October 1st.
And then the program year starts.
And shortly thereafter we start having next year's meetings with the advisory group.
So it's a fairly smooth process that we start.
We meet after the process is over with the advisory group, get together and say what areas can we improve?
We get together with council and ask council what areas can we improve?
This is a fluid process, and we would like any comments that council has with the public about improving the process.
Briefly, to show you what we have is we have a program of about $13.5 million.
And these are the major funding sources that we have and you can see them there.
I am not going to go through each line in an effort to minimize the time that I spend so we can have the advisory committee members talk.
Those 13.5 million dollars are basically spent on the programs we are talking about here.
And after we go through this slide and the next slide we are going to go individually through the different programs.
But can see some of the programs that we actually fund.
One of the important things to look at is this year we are trying to identify categories of expenditures.
Again, these expenditures go through an RFP process.
And that RFP process starts with a request for proposals that's advertised in the newspaper.
It's put on paper, TV.
We have a workshop, which we invite various agencies to come in to participate.
And they fill out the applications.
We have a committee, and a committee of about nine individuals, both the president and the vice-president of the advisory group are on it.
A member of the Planning Commission staff is on it.
And there's about five or six various department representatives with different slants on the different programs.
We have the neighborhood person, we have HDC, people from the budget office.
We have a wide variety of people who are basically ranking the programs.
Once they rank them they give us the results.
We compile them altogether.
And the arrangement that we have made with council and with the advisory group is that we will take this input and we will fund them in the priority rankings that the committee has recommended.
The first group is child care services.
And there's actually nine child care services.
So these are a lot of agencies that we fund.
And they are throughout the city.
We have a map here that shows the stars of the different locations of the child care services so you can get an idea of the nature of that one.
The next service is drug abuse service and we have two agencies that we fund on that one.
The next service after that is health care service.
The health care services normally is a service that's provided by the counties.
But when we have federal funds and we're trying to do a comprehensive treatment of the City of Tampa, we try to throw in the health services are necessary, and the dental program and vision program are two that have been here since the beginning and are very -- it almost like a safety net program for some of the citizens.
And we show where they are actually located.
The next one is education/training services.
This is another one that has about nine entities.
And it's a lot of the mentor training, foundation, foundation, a lot of programs that help a lot of the individuals.
And you can see on the education training services that the locations of people served are throughout the city.
The next area is homeless services.
And senior services.
And those are some of the locations that we provide those services.
And then we have special needs services.
And there's five of these.
And those are the locations that we serve on that.
So this is basically a program that serves a lot of the different populations throughout the city.
Two of the areas that the advisory group has asked us for the last four or five years to make some improvements, it used to be just a few public service groups got the majority of the money that is handed out to perform public services and it said it would be much better if we decreased the amount of money that we gave to some of the agencies, and we spread it out to more agencies.
Last year, we added seven additional agencies this year again.
We are increasing another seven.
So over the last two years we increased the number of agencies from somewhere in the high 20s to its approaching 42 or 43 now.
So one of the things that the advisory group said was, because we're already so many agencies are we sure we are dealing with reputable people?
And I said there are stringent requirements, and this is just an idea of some of the things that we go through to ensure that the people that are getting the money do indeed do good programs for our residents.
Capital improvement projects.
A lot of the neighborhood needs and recommendations from back in March are addressed in some of these, the beautification project for East Tampa is $100,000.
The city-wide play and ancillary equipment of $100,000, that's for various parks and rec around the area.
Fencing, for one of the pools and two rec centers.
That's included in here.
City-wide sidewalks and resurfacing is 300,000 in East Tampa.
A lot of that will be spent for sidewalks in the ten-block area that we had just resurfaced.
So we are going to have a concerted effort to improve a large area of these in Tampa so when people drive through they can say, AH, this has really changed our whole neighborhood.
District 3 police headquarters is $300,000.
The entire budget when presented should have complete funding for district 3 headquarters.
The greenprinting initiative is the mayor's beautification.
They have come up with -- it's a fund racer and this is -- fund-raiser, and this is for Robles Park.
There's also money for Robles Park roof replacement.
And wood flooring and painting in various rec centers throughout the eligible areas, as well as park expansion for woodland terrace.
And that's an idea of where those facilities are located.
I believe I would like to just mention one other thing before I ask that you maybe call on the president of the advisory group, is that I would like to thank not just council, but I would also like to thank all of the members of the citizens advisory committee.
What we ask of the citizens and their participation over the last number of years has been incredible.
And we really do appreciate the efforts that they put into the program.
We think that we built a good working relationship with them that requires no time not just on the part of the staff and I, but also from the citizens, and we appreciate their time and energy that they put into it, and welcome the opportunity to talk with council as often as we do, and whenever you want us to do.
With that I would like you to maybe consider asking the president of the advisory group to have a few comments.
>>LINDA SAUL-SENA: Thank you.
Mr. Webber, thanks for coming up.
>>> Good evening.
My name is Frank Weber, 908 East Louisiana Avenue in South Heights.
I would like to update council on how the CDBG advisory council is now working.
It has really changed in the last couple of years.
Definitely a positive area.
Number one, we have been having programs at our meetings, to get better understandings.
For example, we had CPTED and stormwater come out and fill us in what the needs are, what the process is, so we are a more educated committee.
As Jim said, we have been working very closely with Jim Stefan.
He comes to all our meetings along with the rest of the budget department.
We have gone over the RFP process together.
We listen to each other.
There's a lot of dialogue going back and forth.
We have worked very closely with the Department of Community Affairs.
We talk to each other very frequently making sure we set things up.
And they worked very, very diligently in helping me set up the agenda for those kind of things, and Shannon.
Shannon Edge has been wonderful.
She has been everywhere we need to be.
She's helped us set up advisory committees, task forces and all kinds of other stuff.
And the notification process to let neighborhoods know about how the process works for CDBG has definitely been improved.
So we have come a long, long way in the last couple years and we wanted council to be aware of that.
Back in March or April, I guess, we made some city-wide requests.
I would like to go over a few of those.
We have gotten the first round of responses.
Our first request is solid waste and code enforcement actively cooperate and develop an ongoing process to address illegal dumping as well as vacant lots, furniture and appliances.
Code enforcement has been doing a great job, as I'm sure you're aware, in addressing a lot of these needs.
And the police department is researching the concept of a special unit.
Basically 6 to each division.
And to be able to do this they are going to need additional funding from the city to be able to do this.
Basically what these positions would be doing is working with solid waste to address illegal dumping.
So I'm urging City Council to push forward in that direction because I think it would be a very well while decision.
The second major operation concerned the widening along Nebraska Avenue.
We as an advisory committee were very excited last year, developed for Nebraska Avenue and what needed to be done.
And one of the things we asked for this year was to look at the widening along this corridor be upgraded to reflect the new look.
Unfortunately, I think the way people interpreted what we were asking for was vehicular lighting, because the response we got to lighting has been evaluated in the past, as determined by city staff, Department of Transportation, and the existing roadway lighting is adequate.
We don't want adequate.
We want it to be a grand Boulevard.
If we are going to redo Nebraska Avenue from Hillsborough south we want to the look like a grand Boulevard, and we feel that lighting currently on Nebraska Avenue is not adequate, nor is it aesthetically pleasing.
The unique thing about this whole thing is from that citizens task force we along Nebraska Avenue are filling requests of task force to kind of a dress the needs.
One thing we found out we were doing on Nebraska Avenue is, yes, we are looking at Nebraska Avenue, but how will it impact Florida?
North Boulevard, Tampa, Highland, everything else.
So we wanted to kind of a citizens task force to kind of look at long range transportation needs.
I'm pleased to say that Shannon Edge is spearheading that and she's forming another citizens task force basically to address those needs so we are kind of excited about that.
The last recommendation we made concerned excessive litter.
And we were asking for trash receptacles provided along major thoroughfares to help eliminate the litter.
And the response we got basically is that Parks and Recreation Department currently has not really had the resources to purchase and maintain trash receptacles along major thoroughfares.
We are asking that City Council may explore the idea of putting trash receptacles along the major thorough oh fares particularly along the bus stops.
One of the things that came up in the advisory committee meeting on Monday was possibly Hartline could work with the city and be somewhat responsible, because a lot of our trash is at the bus stops and those kind of things.
We also would like to have more signs throughout the city talking about "don't litter," that might have some deterrent on that.
At this time I'd like to turn it over to other members of the citizens advisory committee and their individual neighborhood needs.
Thank you, council.
>>LINDA SAUL-SENA: Thank you.
Do the other people know who they are so they can come up?
>>> Good afternoon, City Council.
Jimmy Gray, 1930 Main Street.
That's west Tampa.
First of all, I want to thank council and also want to thank my members of the advisory board.
As was stated, we have come a long ways to getting our group organized and function as representatives of our neighborhood.
An item that I wanted to speak on is on our agenda the west Tampa facade improvement program.
There are -- this year, fiscal year -- I guess this is going to be 2006, is $75,000 allocated for that program.
We have several buildings in west Tampa, especially along Main Street and Howard Avenue.
We appreciate that amount but we would ask City Council, this would probably go very quickly.
Next year, we want to improve west Tampa a little more.
And we would ask that that $75,000 is volunteered because it can be spent in one day because we do have a lot of buildings in west Tampa and $75,000 may be do one building.
We are asking that it be monitored, successfully.
Doesn't state which agency.
We have three agencies in west Tampa asking for those funds.
We just ask City Council and the budget department to monitor those funds because I had requests from several merchants that are thinking of being part of if it has not already been allocated.
>>MARY ALVAREZ: I did see there was only 75,000 put in.
But I would like Mr. Stefan to address why the 75,000 was put in.
Because from what I understand is that there's a carryover from this prior year that's going into there.
So it will be more than $75,000 available.
Am I right, Mr. Stefan?
Yeah.
So that's why it's 75,000.
>>> That was my question because I it was something more.
>>MARY ALVAREZ: It's carrying over from the prior year.
>>> Also one item that was not on the agenda here.
We have a park on Fremont street.
And it's been there for a couple of years.
I think I mentioned it to council once before.
We would like to see just an upkeep that doesn't necessarily have to be CDBG funds, but if there's some more people, we have several families that are moved in there now and the kids are starting to use it and they are playing baseball and football basically in empty lots rather than --.
>>MARY ALVAREZ: Mr. Gray, is that a city park?
>>> City park.
>> Where is it?
>>> Fremont, between I believe Walnut and Cherry.
>>MARY ALVAREZ: Okay.
We'll ask parks to do something about that.
>>LINDA SAUL-SENA: Thank you.
Next.
>>> Good afternoon, City Council.
My name is Harriet McQuay.
I'm in block grant area 6.
I'm also west Tampa neighborhood association and crime watch.
I would like to thank you for all the funding for the facade.
The $4 million is appreciated because we have so much development in west Tampa, that will be something that will be beneficial to the community.
But one of the things that we also need to address is the traffic in west Tampa, particularly on Armenia and Howard Avenue, because we had a facade but they will be going 100 miles per hour.
They won't even see it because they go so fast down Howard and Armenia that it's caused a lot of mostly traffic accidents, just people who have been hit, pedestrians trying to cross over there.
It's not very conducive to the community in the sense that for pedestrians in particular.
And it's also hard cars from Armenia to be able to cross over.
In front of the post office on the 1800 block.
And also further down towards Columbus drive.
We also are asking for calming devices, traffic calming devices within the residential areas, streets at Conrad, St. John, St. Louis, all those streets off of Armenia because we have a lot of people doing a lot of speeding through the neighborhood since we have been increasing a lot of traffic due to development, also people trying to get to the games and such.
I know that there is some funding for the traffic calming devices.
I just wanted to be sure that we are also being considered for those fundings, also.
Thank you.
>>KEVIN WHITE: I wanted to say two things, actually.
With the traffic squad here this morning I'm sure you noticed them up around the area of Howard and beach, up in that area, right past the flashing sign.
And you're correct, it is a speedway from the interstate up and to the flashing lights, indicators of 30 miles per hour out there, and Tampa police has been working diligently in that area.
But there's also been communication of possibly two-waying that street in the future as well, which would be a great traffic calming device north and south on Howard, both Howard and Armenia.
So hopefully we'll continue that dialogue in the very near future.
>>MARY ALVAREZ: That's just what I was going to say, that we are having some talks with the county on Howard and Armenia.
So they're ongoing.
And that's what we're shooting for.
We want it and the mayor is very well aware that we want two-way streets on Howard and Armenia.
>>> I also want to mention there is another person also in our area at another block grant area that requested the same exact things.
And didn't even know about it.
That's how bad it has been noticed from a lot of people.
And that's one of our largest complaints is the traffic.
Thank you.
>>LINDA SAUL-SENA: Mr. Rhoder, anybody else who wants to speak?
Please, come up.
>>> Good evening.
My name is Ken Cunningham.
I reside at 917 East 24th Avenue and I'm here on behalf of Tampa acorn house being the block grant.
We recommended to give you a little bit about Tampa Acorn Housing.
We have been here.
We are nonprofit, HUD certified, approved service, and what we do is counseling.
We are here to focus in on the grant for Tampa as far as focusing on post purchase.
Post purchase, education services.
At the time, we do first-time home buyers education, and we integrate our post purchase education within that as far as delinquency counseling, predatory lending, counseling victims of predatory lending.
But we would like to utilize more outreach to get out into the community for people who have the homes -- the homeowners of Tampa now to educate them a lot more and lending services, maintenance of their properties, and to prevent oh delinquency.
We currently have approximately 15 mortgage companies that we have agreement was to intervene on those services as far as like post purchase counseling and delinquency counseling so we are able to intervene.
This year to date we have purchased some 39 cars as far as delinquency.
We have seen 308 clients this year.
And that's in about seven counties.
But a lot of that was first-time home buyers.
And as I said, we do want to use these funds to focus in on Tampa, and only Tampa's areas, post purchase and maintenance.
We think educating the people of Tampa as far as home ownership, the people who are already in their homes and helping them to keep their homes.
We find a lot of services, we find we also do credit workshops and savings and budget accounts.
So we have been doing the housing business for probably around 20 years or so.
And we truly appreciate being recommended for this and we look forward to getting in there and afford not the probability of Tampa, and we think seeing a lot of these classes and a lot of these clients that have come to us, we come to find that a lot of rates and a lot of people are losing their homes because of predatory lenders.
And we like to step in and counsel them on that.
So we are hoping to expand on that in the Tampa area.
Right now, I think in our office, we have only had one person who this year has served these clients like some 308.
We are looking to quadruple that with this grant, as far as getting out there into the community, and helping people to keep their homes.
We are already -- I'm sorry.
Did I go over my time?
>>MARY ALVAREZ: How much are you asking for?
>>> 38,000, I believe it was.
Yes, ma'am.
>>MARY ALVAREZ: Thank you.
>>> Okay, thank you.
>>MARY ALVAREZ: Mr. Stefan, this question is for you.
The program for prior year funds, are those encumbered funds?
>>> We program funds from prior years.
Our funds are surplus that are no longer needed.
>> So they carry over to the following year?
>>> No.
What we actually do is close out those funds and move the funds to the new year.
>> To the new year?
>>> Yes.
And that's why the budget is so large, because there is a large amount of dollars from reprogram.
The reason for those pre-program dollars, as you understand, the housing department for the last couple of years has been under the revising everything that they do, and there's some salary dollars that weren't used, as well as some programmatic dollars, until they had the proper RFP processes for doing housing programs and stuff like that.
We didn't feel like it was appropriate to actually go forward until we had the good plans in place, and knew what we were doing, and knowing that everything was going to end up according to the proper ways of doing things.
>> Do you remember what the reprogrammed funds were coming in two 2004 to 2005?
>>> I believe it was a little bit less than that.
>> A little bit, like maybe a million or so like that?
>>> I don't know.
>>MARY ALVAREZ: Okay.
Well, if we wanted to -- if we wanted to, say, grant some more moneys to some people that are asking for it, that are like this grant from acorn or other moneys --
>>> I believe acorn is funded.
>> Okay.
Now, can we use CDBG moneys for signalization?
>>> For what?
>> Signalization, at intersections?
>>> I really don't -- I don't know.
>> Can you find out for us?
>>> I certainly can.
>> Because, you know, we can have a shortfall.
>>> One of the things that I beg your indulgence is the process that we have worked for, for so many years, is to actually have the process to go through that whole thing.
And so to say I don't want to do that, what I'd like to do is just put in this other group of things, it defeats the purpose of having that whole process that we have taken so long.
>> I understand.
I'm just asking the question, because we do have a need in other areas, too.
>>> I'll check on that for you.
>> I appreciate that.
Thank you.
>>LINDA SAUL-SENA: Would anyone else in the public like to speak on the CDBG presentation?
Give us your name and address.
You have three minutes.
>>> Good evening.
My name is Ella Coffee, 1331 West Cass Street, Tampa, Florida 33606.
I'm here this evening on behalf of Coach foundation.
I would like to start by thanking you all in the past for being wonderful supporters of our organization.
This year we have been allotted a grant of 24,855.
What we requested was 35 thousand 550.
The reason I'm speaking before you this evening is to ask if there's any funds that we can be granted the entire amount, because what we do, we provide a service, an after-school program at three inner city centers.
The East Tampa area, north Tampa area as well as the downtown area.
And of course with the funds being cut, that we would cut in house would be the number of tutors we have in each center.
The downtown location primarily will house mostly students that will be coming from the new -- from downtown partnership school.
That number will increase.
From what I understand the principal has been in contact with Kid Mason because they have a bus now that's going to deliver the bus to the after-school program so that's going to definitely increase the number of students and if we don't have enough tutors to help the students in the afternoon that's definitely going to cause a lack of that commitment that we have to the students in this area.
So just before you this evening I'm requesting that the additional $11,095 be awarded to our organization.
Thank you.
>>LINDA SAUL-SENA: Mr. Stefan, the houses that were sold, they were renovated by the Florida Department of Transportation sold and the money was put into an evolving fund.
It's eligible to spend those dollars on improvements in the three areas impacted by the interstate.
One of them is west Tampa.
What I'm thinking is perhaps the $75,000 that you have allocated to the facade program, which is a fabulous program, we could use resolving loan funds from that and that would free up that 75,000 for other things because I believe our overall funding was cut from this year to last year, which is why the lady from staff, I apologize for not having identified this at the beginning.
But if you remember at the beginning we talked about how much money we get.
One of the things, there's various caps on different types of programs.
And one of the problems is there's a cap on level of service programs.
And that's one of the issues.
The entitlement numbers go down, the cap also respectively goes down.
And so the amount of money that you have is limited.
And I think we are about $12,000 over that at this point in time.
>>LINDA SAUL-SENA: Next?
>> Let me say that sometimes throughout the year, there may become opportunities to do something.
So whatever is talked about at this meeting, we write it down and as we go through the year, if there's opportunities to fund something, we will always look at who is asking for money, what types of programs are out there.
>>LINDA SAUL-SENA: That's encouraging.
Thank you.
The next member of the public, please come up, speak.
Is there anyone else who would like to speak on the CDBG budget?
>>MARY ALVAREZ: Move to close the public hearing.
>> Second.
(Motion carried)
>>LINDA SAUL-SENA: And you are sure that's what the process is, the next time you will be back is August 4th?
Thank you very much.
And if anybody has any other concerns, you can contact City Council prior to the next hearing.
Thank you.
Mr. Massey, would this be an appropriate time for us to talk about the rezoning and the ones that we are not going to be able to hear tonight because of not having a complete council?
>>MORRIS MASSEY: It is after six.
Could you effectively open all the public hearings at this point in time if would you like.
>>LINDA SAUL-SENA: Thank you all for coming down for the CDBG.
>>KEVIN WHITE: Move to open 3 through 17.
>>MARY ALVAREZ: Second.
>>LINDA SAUL-SENA: All those in favor say Aye.
We'll wait till everybody leaves.
Oh, good, Ms. Coyle.
>>CATHERINE COYLE: It's tough getting in.
There's a lot of people.
Did you get the revised copy I sent an hour or so ago?
>>JOHN DINGFELDER: Probably not.
>>CATHERINE COYLE: 504 requested a continuance but I think that's something you may want to discuss.
>>LINDA SAUL-SENA: Number 3?
>>CATHERINE COYLE: I'll skip number 3.
Catherine Coyle, land development.
Item number 4, Z 05-55 paid the amendment fee.
This goes along with 56.
It's the same petitioner.
August 25th is the night they are requesting.
There are three available slots.
Those would take two.
>>MARY ALVAREZ: So moved.
>>CATHERINE COYLE: August 25th, 6:00.
>> Second.
>>LINDA SAUL-SENA: There's been a motion and second to move numbers 4 and 5 to August 25th at 6:00.
Is there anyone here from the public on this who would object to that?
>>MORRIS MASSEY: 4 and 5 cannot be heard.
So what you can do is schedule the public hearing.
>>LINDA SAUL-SENA: Thank you.
>> The motion is to schedule the public hearing.
>>LINDA SAUL-SENA: Thank you for the clarification. The motion is to schedule the public hearing.
>>MARY ALVAREZ: Is that timing for three minutes?
Because I didn't see the light come on.
Make sure they are.
>>LINDA SAUL-SENA: A motion not to continue, to schedule 4 and 5 for the 25th at 6:00.
Any discussion on the motion?
All those in favor say Aye.
Opposed, no.
Passed unanimously.
I just want to say to those of you who are arriving for the zoning hearings, you can see that there are four members of council here this evening.
Normally we have seven members.
Three council members are unable to attend this evening.
So we have some requests by petitioners who are interested in rescheduling till they have a fuller council, because any action requires four votes.
It would have to be a unanimous vote.
It's an unusual circumstance.
We are apologetic.
We have some illness on council.
And we are more understanding of requests for continuances because of the limited number of council members.
In fact, Mr. Massey, could you explain, it would have to be all four votes?
>>MORRIS MASSEY: Under City Council City Council rules of procedure, in order for City Council to take any action, either to approve or deny, any of the rezoning petitions tonight, it would require a unanimous vote of the four members here.
Therefore, a lot of the public hearings in some instances, there would be no action taken tonight.
If there is a split in the vote.
And therefore we are entertaining requests for continuances at this time, first to get all of those out of the way.
So I hope that clarifies the issue.
>>LINDA SAUL-SENA: We have asked Catherine Coyle from land staff to explain which requests for continuances we received.
>>CATHERINE COYLE: Number 6, VO 5-48, east Busch Boulevard, the petitioner was unable to be present this evening, the agent actually.
He had a conflict.
He's requesting August 11 at 6 p.m.
There are two available slots that night.
>> So moved.
>> Second.
>>LINDA SAUL-SENA: There's a motion and second to continue till August 11 at 6 p.m.
[Motion Carried Unanimously]
>>CATHERINE COYLE: The petitioner's agent is right behind me, Michael brooks, for Z 05-84.
This is not on your agenda.
He just asked.
There are seven open slots next week.
He needs a week's continuance if possible to 7-28-05 at 6 p.m.
>>JOHN DINGFELDER: So moved.
>>MORRIS MASSEY: Perhaps you would want to hear any public comment relative to the request for the continue as well.
So if anyone has any problem.
>>LINDA SAUL-SENA: Thank you for that clarification.
When Mr. Massey said we could take public comment about the continuance, you know, that would be convenient for you.
But if you speak to the substance of the rezoning, then you wouldn't be allowed to speak at the regular public hearing.
So is there anyone in the audience who would like to speak on number 7 to the request for continuance?
Okay.
>>KEVIN WHITE: Move to next week at 6 p.m.
>>LINDA SAUL-SENA: Mr. White made the motion to continue a week to 6 p.m.
Any discussion?
All those in favor say Aye.
Passed unanimously.
So we'll hear number 7 next week at 6 p.m.
What's next, Ms. Coyle?
>>CATHERINE COYLE: Item 10, Z 05-88, petitioner's representative requested to August --.
>>LINDA SAUL-SENA: Is there anyone here who would like to speak to the continuance on number 10?
>> So moved.
>> Second.
>>LINDA SAUL-SENA: Motion and second to continue to August 11th at 6 p.m.
[Motion Carried Unanimously]
>>CATHERINE COYLE: Number 11, Z 05-89.
Petitioner would like to continue the case to August 4th at a 10th 30 a.m. here hearing. This would require a unanimous vote to waive the rules and place it on a day meeting.
If council does not allow the case to continue to a.m., the next available night meeting would actually be next week because we had several cases that weren't able to go forward.
August 25th.
Because I wasn't aware of next week's agenda at that point.
So it's either next week or August 25th.
>>LINDA SAUL-SENA: Do we have anyone in the public who would like to speak to the question of the continuance?
>>MORRIS MASSEY: This is only as to the issue of the continuance, not as to the merits.
>>LINDA SAUL-SENA: And we are discussing an evening meeting.
>>JOHN DINGFELDER: I think we are discussing whether it should be evening or the morning. The request is morning.
>>> Jimmy Overton from the Channelside law property representing some residents there, and some concerned local residents in regard to this project.
We would advocate that this be a night meeting to give us the opportunity to voice our opinion, and looking at the date the 11th has just had the last spot field the 25th would also be acceptable to us and we wanted to propose that.
>>LINDA SAUL-SENA: Thank you.
Oh, here's the petitioner's representative.
>>> My name is John LaRocca, I'm the agent for the petitioner, 101 East Kennedy Boulevard.
The petitioner is obviously requested morning, we respectfully we have the earliest possible date to have this item considered.
So our request was for the 4th because it was a date we had been working with staff.
>> Would you be prepared to do it next Thursday in the evening?
>>JOHN LaROCCA: I think versus moving it to the 25th I think it's something that we would entertain, if the staff is prepared to address the question.
>>LINDA SAUL-SENA: The neighborhood, also.
Excuse me, the 28th, is that what you said, Ms. Coyle?
One week.
So a week.
An evening a week from today.
>>MARY ALVAREZ: July 28th.
>>LINDA SAUL-SENA: She said we had a bunch of cancellations.
>>> We do have a group of young professionals and we do tend to schedule ourselves a couple of weeks out.
If it should be the wish of the council to have the meeting in the interest of the time when they are proposing, we would try to make that happen.
But we are strongly advocating that we at least get two weeks so we have appropriate representation as we do have schedules to maintain as well and diligently have made our schedules so we can be here today.
>>LINDA SAUL-SENA: Thank you.
Ms. Coyle, tell us what our calendars look like.
>>CATHERINE COYLE: August 11 is now full.
You could certainly entertain to waive the rules to allow it to go on that night for 14 days cases because I can't say all those cases are going to go forward at this time.
The final site plants haven't come in.
The reports haven't been drafted.
I can say that one week may be tough.
They still had some transportation analyses things to work out.
A couple comments from solid waste.
One week would be a little tight for staff.
>>JOHN DINGFELDER: I move to waive the rules.
>>LINDA SAUL-SENA: To have it in the daytime of?
>>JOHN DINGFELDER: No, August 11th.
>> Do you want to make that motion?
I'll support it.
>>JOHN DINGFELDER: I know you're pretty tight on those rules.
>>KEVIN WHITE: One thing, Mr. Dingfelder, I stay consistent.
>>> August 25th is the next available night available slot without any waiver.
I don't know what their time line is contractually.
>>LINDA SAUL-SENA: Okay, council members, somebody give me a motion.
>>JOHN DINGFELDER: Move for-25 in the evening.
>>LINDA SAUL-SENA: Motion and second to continue this to August 25th at 6 p.m.
Any discussion on the motion?
All in favor?
[Motion Carried Unanimously]
Passed unanimously.
>>CATHERINE COYLE: Item 12.
Z 05-21, the petition der approach me and is requesting a one-week continuance to July 28th, 6 p.m.
Z 05-91.
>>JOHN DINGFELDER: Objection from staff?
>>CATHERINE COYLE: I don't know if anyone is in the audience.
>>LINDA SAUL-SENA: Is there anyone in the audience hop would like to speak on number 12 being rescheduled for next Thursday evening?
If you would like to say something, please come up.
Hearing no objections --.
>>JOHN DINGFELDER: So moved.
>> Second.
>>LINDA SAUL-SENA: To reschedule a week from this evening.
All in favor say Aye.
Passed unanimously.
Thank you.
At 6 p.m.
>>CATHERINE COYLE: Item 14.
Z 05-93.
The petitioner has just approached me and would like to try his July -- his luck on July 28th at 6 p.m.
>>JOHN DINGFELDER: Are we full?
>>CATHERINE COYLE: No, we are not.
We had 7 open slots.
One withdrawn.
Two misnotices.
Four continuance requests.
>>LINDA SAUL-SENA: So there's a motion and a second to reschedule number 14 to the 28th at 6 p.m.
Any discussion on the motion?
All those in favor say Aye.
Opposed, Nay.
Passed unanimously.
It's almost redundant to say passed unanimously because if it's passed it has to be unanimous.
>>CATHERINE COYLE: Item 15, Z 05-101.
Petitioner is requesting July 28 at 10 a.m.
You would need to vote unanimously to waive the rules to have an a.m. meeting.
If council does not allow the case to continue next available night meeting now is one week from today, in the evening, or September 22nd.
>>LINDA SAUL-SENA: Would the staff be ready to handle it in a week, in the evening?
>>CATHERINE COYLE: I believe so.
On this one I believe so.
>>LINDA SAUL-SENA: Would anyone in the public like to weigh in on this?
>>JOHN DINGFELDER: Item 15.
>>LINDA SAUL-SENA: I feel strongly that zonings should be in the evening.
I need a motion.
It would be July 28th?
Is that correct, Ms. Coyle?
>>CATHERINE COYLE: Yes, ma'am.
>>LINDA SAUL-SENA: 6 p.m.
There's a motion.
>>KEVIN WHITE: That's the one we have six or even if for that night?
>>CATHERINE COYLE: Counting this one there are three open.
>>LINDA SAUL-SENA: Motion and second to continue to July 28 at 6 p.m.
Passed unanimously.
Item 15.
>>CATHERINE COYLE: And last but not least, item number 17.
Z 05-80.
They are requesting a one-week continuance.
They had some minor plan modifications.
If you continue this, I will infer that you are giving him the ability to give us a new site plan.
I have given him a deadline, if you continue it, of Monday noon.
There is one issue with the Parks Department.
They are shifting the stormwater pond to protect the tree.
And they worked it out, the language.
They just need to graphically show it.
>> Would anyone from the public like to weigh in on this?
It's number 17.
And the question is a one-week continuance to July 28th at 6 p.m.
>>MARY ALVAREZ: So moved.
>> Second.
>>LINDA SAUL-SENA: A motion and second to continue, excuse me, number 17 to July 28th at 6 p.m.
All those in favor say Aye.
Opposed?
Passed unanimously.
Okay.
We have a much reduced schedule.
>>JOHN DINGFELDER: Something about number 3 she wanted to talk about.
>>LINDA SAUL-SENA: Number 5:30 on page 2, item 2, we have a zoning --.
>>JOHN DINGFELDER: Number --.
>>MORRIS MASSEY: Didn't you have one more, item number 3?
>>CATHERINE COYLE: Petitioner's agent is here.
They were requesting originally one week.
And I will let Mr. Bricklemyer address that.
>>> Keith Bricklemyer: We would like a one-week continuance so this matter could be heard by hopefully a full council.
We have been at this a long time.
We think that the consideration to the other application who made this request as well.
It's an inconvenience for the neighborhood, it's an inconvenience for us.
We have all of our team members come from Atlanta.
And if we go to next week, at least two of our team members will have to cancel vacations.
But I think that's the appropriate way to approach this issue so it can be heard, particularly with council member Harrison in attendance.
It's his district.
So that's our request.
Thank you.
>>LINDA SAUL-SENA: Would anyone from the audience care to speak to the question of this request for continuance?
>>> Jean Johnson, president of Temple Crest civic association.
This is our third trip to City Council.
Last month we were here.
In fact we chartered a bus.
We had about 35, 40 people.
We never made it upstairs because of the continuance.
The continuance has not been from anything that we have requested.
This is staff, evidently the petitioner has had items to deal with staff.
We would like to hear this this evening.
Thank you.
>>> Terry Neal, east river hills drive.
I would like a ruling on what would happen if the vote is split, either way.
>>MORRIS MASSEY: We carry it over automatically until next week.
The public hearing is closed.
No public testimony would be allowed to be taken unless City Council chose to open the public hearings.
>> So further comments would be tonight, and anybody who spoke tonight would not be allowed to speak again, is that correct?
>>LINDA SAUL-SENA: Mr. Massey, I think some council members have additional questions on that.
>>KEVIN WHITE: I was going to tell Mr. Nealy, it wouldn't even have to be split.
It would be just one dissenting vote.
>> It has to be a unanimous vote?
>> Yes.
Either way, for approval or denial.
>>LINDA SAUL-SENA: Mr. Dingfelder?
>>JOHN DINGFELDER: Did do our rules specifically speak to, I don't know, this afternoon one of the attorneys said it was a matter of right that he could ask for a continuance or demand a continuance.
Does our rule speak to this shortage?
>>MORRIS MASSEY: Our rules do not speak to this issue.
Continuances have been at council's discretion.
I would say that the circumstances that council faces tonight with only four members, they are rather unique.
And the fact that you will need a unanimous vote of council to take action tonight is something that I think council should take into account when making decisions relative to continuance requests.
>>LINDA SAUL-SENA: I have a question.
But we could hear this tonight, close the public hearing and have the members of council who are not in attendance to view the tape of the proceedings so they can be familiar with the whole conversation.
That's our general procedure.
So that they go into the meeting next week not cold but having viewed the tapes.
>>MORRIS MASSEY: The one issue that I think council raised, the members not here tonight would not be able to participate in the questioning.
And that is an --
>> Unless you reopen.
>> Unless you reopen.
>>KEVIN WHITE: But the problem is that every member here tonight may not be here to ask specific questions.
>> Correct.
>>LINDA SAUL-SENA: Well, this is a very complex question because we really try to be fair as the council and I would like to hear from my fellow council members, what is your comment on this request?
>>> May I interject first?
>> I'd like to ask you question.
What is your question?
>>> Next week would not be suitable for Temple Crest civic association.
If this is going to be continued, we would need at least a month.
People have vacations.
We have different scheduling.
It has been very difficult and burdensome on our association.
>>LINDA SAUL-SENA: Thank you.
Council members?
Mr. Dingfelder?
>>JOHN DINGFELDER: Cathy, in light of the fact this has been continued a few times, and that there is -- it appears the petitioner has his folks here ready to go, the neighborhood is here ready to go, I think we should go.
I think we should hear it.
If we can make a decision tonight, fine.
If it has to be carried over for our fellow council members to watch the tape, then so be it but I'd say let's just go for it.
At some point or another it's going to have to be heard.
So let's just do it.
>>CATHERINE COYLE: If I may before you open it, there was an additional request.
A continuance request.
>>LINDA SAUL-SENA: Another one?
Okay.
>>CATHERINE COYLE: Did you open this one yet?
>>JOHN DINGFELDER: Can we have number 3 first?
>>LINDA SAUL-SENA: Mr. Massey, I believe we already opened all of them.
>>MORRIS MASSEY: Yes.
>>LINDA SAUL-SENA: Would we need any affirmative action to have it open?
>>MORRIS MASSEY: No.
>>MARY ALVAREZ: Based on the size of the scope of this -- and the scope of this hearing, and the project, it seems to me like it's going to take quite a few, you know, number of hours.
And I don't believe it's going to help the council members that are absent here, that might want to ask questions like was brought up.
And even though we opened the public hearing at that time when they come back, I don't think they'll get the same benefit as if they were here and listening to everybody, and maybe having questions of the people that were asking questions.
In other words, I think we need to give them a continuance.
That's my feeling on this.
>>LINDA SAUL-SENA: Would you like to make a motion and see if there's a second?
>>KEVIN WHITE: I have a question.
Mr. Bricklemyer, can you come up for a minute?
>>LINDA SAUL-SENA: I gather from this man waving his hand --.
>>KEVIN WHITE: I realize you said you had people from out of town and has people going on vacation.
Is there a happy medium as to two weeks work for both sides?
Because I don't think there's anything that's pending now that we are going to have council members out of town in two weeks.
>>LINDA SAUL-SENA: We don't have an evening meeting in two weeks.
The next one is a month from now.
>>MARY ALVAREZ: August 11th.
>>LINDA SAUL-SENA: Excuse me.
To be specific, Ms. Coyle, we need to figure out -- we don't have a meeting on the 3rd.
When is the next meeting with open slots in August?
>>CATHERINE COYLE: One week wasn't enough?
Bricklemyer: Let me answer the question.
The difficult that we are in, and certainly not totally of our making and certainly tonight is not totally of our making, is we have this property under contract.
We either have to close without having concluded this process, in mid September, and we won't have concluded the process and have been the appeal period run by that time.
That's why one week works, and even longer than that really puts us in a very, very difficult situation.
And like I said, it's inconvenient for everybody.
And we understand that.
I think as the applicant, we would like the same courtesy that's been extended to other applicants.
And we'll come back next week and have the hearing.
That's what we would request.
>>KEVIN WHITE: If that's the case, I'm going to have to -- well, I'll hear the rest of the members that want to speak on this, on the thing.
But I tell you, I would be leaning toward the side of hearing the case tonight and being able to vote with the rest of the full council next week, although that's my gut, not my preference.
I understand the closing and the deadlines on that and the associations.
>>LINDA SAUL-SENA: Anybody else who would like to speak to the issue of a continuance on this or not a continuance, please come and speak.
But if you have already spoken, you are not allowed to speak again.
>>> As Mrs. Alvarez just brought up, it's an inconvenience for the petitioner to be here.
It's an inconvenience for me to be here next week because I won't be in town.
And I have a talk I would like to make about this project.
We came with 40 people last time.
As you can see we have 20 people this time.
The petitioners are hoping to wear us down to where there's five, I believe.
I don't believe he's acting in good faith and that's a problem that we have.
>>LINDA SAUL-SENA: Thank you.
Next.
>>> I'm Daniel... Next Thursday night I already have scheduled a hearing which involves my police and fire with the City of Tampa.
Therefore I can't come back next week.
Along with a continuance to be granted.
Thank you.
>>JOHN DINGFELDER: To keep this short I am not going to support a continuance.
And therefore it kind of moots the point.
Let's just hear it.
>>MARY ALVAREZ: Let's just listen to it.
>>JOHN DINGFELDER: Mr. Bricklemyer, the thing I was going to say, the courtesy was extended to the seven cases but there wasn't any opposition to the continuances.
>>LINDA SAUL-SENA: I think Ms. Coyle had one more.
>>CATHY COYLE: Number 8.
Z 05-86.
Again one or eight weeks.
He chose eight.
>>JOHN DINGFELDER: So moved.
>>LINDA SAUL-SENA: Is there anyone that would like to speak to the proposed continuance of number 8?
>> So moved.
>> Second.
>>LINDA SAUL-SENA: A motion and second to continue number 8 to September 2nd at 6 p.m.
All those in favor say Aye.
Passed unanimously.
Ms. Coyle, on number 2, are we able to hear that?
Or do we need five council members?
>>CATHERINE COYLE: I believe we can hear it.
>>MORRIS MASSEY: We can hear it.
You don't need a simple majority.
And before we go into the merits of the various public hearings tonight, you probably ought to swear in all the people.
>>LINDA SAUL-SENA: Would everyone who will or might speak tonight at any of these hearings, please stand for the city clerk to swear you in.
>>THE CLERK: Do you solemnly swear or affirm to tell the truth, the whole truth and nothing but the truth?
Thank you.
>>LINDA SAUL-SENA: Number 2 is open.
City staff.
>>MORRIS MASSEY: City Council, I'll address that from here.
This is a proposed ordinance that the administration discussed with me some time ago, it is a 12-month abatement relative to any proposed plan amendments, rezonings or special use permits within the clear zone, and the accident protection zone 1, in the vicinity of MacDill Air Force Base.
The purpose of this abatement on processing any rezoning request, plan amendment request, or special use requests, for 12 months, is to allow the City of Tampa and MacDill Air Force Base to conclude a joint land use study.
There are certain dangers relative to persons in those zones, because they are within the flight path of aircraft carriers going into MacDill Air Force Base.
And the City of Tampa and MacDill Air Force Base have jointly agreed to conduct a land use study to determine what uses of land are appropriate within those areas, and therefore the city has processed a proposed amendment or ordinance that would abate any increase in activity relative to the land uses, vacation for that 12-month period in order to conclude that study.
It's been reviewed by the Planning Commission staff, and they have determined that that it is consistent with our comprehensive plan.
Planning Commission staff is here to testify to that.
And to give you some details if you want relative to land use.
>>CATHERINE COYLE: I wanted to give you a heads-up.
Catherine Coyle, land development.
We did get approved from the grant from the office of economic adjustment.
We got our official notice earlier this week that the funding is on its way, essentially.
>>LINDA SAUL-SENA: That's good news.
>>MORRIS MASSEY: This ordinance does not prohibit the issuance of building permits.
You can get an permit in that area.
It just does not allow council to consider any intensification of uses as we go through the study.
>>LINDA SAUL-SENA: Planning Commission staff?
Or --.
>>MARY ALVAREZ: Zoning?
>>LINDA SAUL-SENA: Okay.
Any public discussion on this?
Do we have a MacDill representative?
>>MARY ALVAREZ: Move to close.
>> Second.
[Motion Carried Unanimously]
>>KEVIN WHITE: Move an ordinance imposing the abatement upon the acceptance and/or processing of applications for rezonings, special use permits and amendments to the Tampa comprehensive plan including future land use map amendments for real property or portions thereof located within the clear zone and accident potential zone 1 in the vicinity of MacDill Air Force Base for a period of 12 months pending the completion of a joint land use study regarding land development within the MacDill Air Force Base clear zone and accident potential zone 1, prohibiting the processing of such requests within zones, providing for severability, repealing all ordinances or parts of all ordinances in conflict therewith, providing an effective date.
>>LINDA SAUL-SENA: There's a motion and second.
Any discussion on the motion?
(Motion carried)
We, City Council, only has four members.
So if any one of us wants to get up for any reason, we all have to get up.
So we are going to get up and we are going to reconvene at seven sharp.
Thank you.
(Brief recess at 6:53 p.m.) 7:09 p.m.
>>LINDA SAUL-SENA: Roll call.
>>JOHN DINGFELDER: Here.
>>LINDA SAUL-SENA: Here.
>>KEVIN WHITE: Here.
>>MARY ALVAREZ: Here.
>>LINDA SAUL-SENA: Before we get started on number 3 we are going to go to number 16 because a request has been made to continue this by the neighborhood association.
Ms. Coyle.
>>CATHERINE COYLE: That's all I basically wanted to let you know.
Again the neighborhood association sent a letter requesting the case be continued, and gave you a synopsis of all the reasons, the questions that were unanswered at that point.
Both the petitioner and representatives from the neighborhood association are here to discuss that.
>>LINDA SAUL-SENA: Petitioner?
We are addressing just the question of the continuance.
>>> Marchetti for the applicant.
I would first like to hear from the neighborhood.
>>LINDA SAUL-SENA: Neighborhood association, would you mind coming forward and requesting the -- addressing the request for continuance?
>>> Good evening.
Al Steenson, 4100 west still Avenue in Tampa, Florida representing association.
Before going through my prepared remarks let me cut this very briefly.
We just feel that this project is -- the magnitude of this project will, if approved, forever change the entire corridor of the Gandy Westshore area.
We just feel that there's more information needs to be forthcoming and more specific for us to make a judgment.
They asked for our endorsement and at this point we just don't have enough facts and enough information to make a valid decision.
And so let me respectively ask that this be continued.
And let us sit down and have some more dialogue with the folks at.
Thank you for your time.
>>> Marchetti, for the record.
It's interesting because we started dialogue with this association before we filed the zoning petition, in January.
We have had constant dialogue.
We have had constant communication.
We have had several meetings.
And the bottom line is, we have asked them, what is it that you can support in the application and we never get a response back.
So to suggest a continuance this evening to give us additional time, we started talking before the rezoning petition was filed.
The bottom line is, they think the project -- I presume -- is inappropriate for the area.
That's the only thing I can surmise.
We tried and tried.
And that's not a basis for continuance in my opinion.
We are prepared to proceed this evening.
>>LINDA SAUL-SENA: Even though you are aware there are only four City Council members?
>>> Yes.
>>JOHN DINGFELDER: Did you see the June 20th letter from Mr. Stein son?
>>> I have not, no.
>> Because you were wondering what some of his concerns were.
And he sent a two-page letter -- not he, but he on behalf of the civic association -- has a two-page letter that he submitted to us into the record that I could share with you.
To perhaps help you understand where they are coming from. I don't know if these are old issues, new issues.
>>LINDA SAUL-SENA: Would anyone else care to speak on the question of this continuance?
>>MORRIS MASSEY: I would say to council that generally continuances are a matter for the petitioner to request or staff to request.
It's typically not something we entertain from third parties.
I do want to clarify this is very usual.
>>> I'm Ed OSHAGER, the president of the group.
We have been dialoguing with the Gandy civic association, among others, since early January.
And we had a number of meetings with the board and with the association in general.
The most recent one was a week ago Monday.
We have given them everything they have asked for in terms of traffic studies, and other information that was provided at their request.
We have not been able to bring anything to closure with them.
They say they are not against the project, yet delaying is what they are apparently trying to do.
Delaying is not something really that we can afford, given the size of this project.
It's important that we continue.
Marchetti: It's interesting, so many months with this group, yet they sent a letter to the city without copying us on a letter, on jewel 20th.
That should tell you something.
>>LINDA SAUL-SENA: Anyone else wish to comment on the issue of a continuance?
Council members, what is your pleasure?
>>KEVIN WHITE: In light of Mr. Massey's comment and the rules of our council, consent of continuances come from petitioner, petitioner is ready to move forward with this, I think it should go ahead and be heard tonight.
>>LINDA SAUL-SENA: Any other comments by council?
Then we'll continue it -- we'll hear it this evening.
So going back to our agenda, we have number 3.
And everybody who speaks needs to have been sworn in.
And it will be helpful at the beginning of your testimony after you give your name and address if you say eye I have been sworn," that would be helpful.
>>GLORIA MOREDA: Land development.
The petition before you is for planned development district for multifamily use.
The property is located at 4133 east Busch Boulevard for a planned development district.
The site plan has been revised.
Originally, they had asked for 12 acres rezoning, parcel size 11.69 acres.
They reduced the portion along Yukon.
I can show you on the Elmo the property.
It's a very large, Busch on the north side.
They encompassed three different zoning districts, existing PD zoning, a very old planned development district that was approved, probably in the late early 80s, late 70s for a commercial high-rise even.
It's where an old restaurant was.
Commercial general.
Then they have RM-16 in the back of a little bit of RS 6 0. Initially the project had originally gone all the way to Yukon.
The property that's S proposed for the development of 232 multifamily residential units.
They reduced their original request for 242 units.
>>JOHN DINGFELDER: Clarification if I could.
The PD at the top of the frame, where does that stop?
>>GLORIA MOREDA: Right there.
>>JOHN DINGFELDER: What is that entitlement?
>>> The old PD plan was commercial high-rise.
I reviewed the commercial high-rise development regulations in the old chapter 43, and it indicates that residential development is allowed.
They also allow for commercial development.
Since that PD is over five years, the way the code reads, it basically says they are able to design it consistent with a CHR zoning district as long as they are meeting the intensity of the comprehensive plan, and current land development regulations as relates to the development that's being proposed.
>>JOHN DINGFELDER: Translated how many units would that --
>>>.
>>GLORIA MOREDA: The underlying land use classification, and res lengths is a use that's allowed in the CHR.
>> But the PD didn't define any specific number of units?
>>> There was no site plan we could locate.
The only thing I had to go with was that a CHR -- that the property was actually zoned CHR which is a site plan controlled district back then.
>> So we are only talking about maximum possible.
>>> That's the maximum.
>> Not what was approved.
>>> That's right.
>> Okay.
And then below that?
>>> Below that the CG district actually extends below to this area here.
>> Does that have any residential value right now?
>>> It's a special use.
35 units to the acre is allowed.
RM-16 is over this little area here, as well as this area in this general location.
RS-60 extends on the east side, and just at the very bottom.
You can see the red lines denote the zoning.
On the property.
The site plan shows limited access to Busch Boulevard.
Only access to orange view Avenue will be for emergency vehicles.
The site plan states that.
The site plan indicates that the minimum building setbacks will be 25 feet from Busch Boulevard, 20 feet from all other property lines.
The maximum building height will be 41 feet 11 inches.
And the site plan commits to 422 off-street parking spaces.
The site plan is given -- the reason that staff is not objecting to this petition, there is a commitment to to the issuance of the first building permit, a fee of $25,000 to the transportation division to immediately alleviate adverse impacts to the surrounding areas.
The development will have access to Busch Boulevard.
They are going to have to follow FDOT standards for that access point.
The site plan shows in excess of 73 off-street parking spaces above the minimum requirement of code.
I'll show you the -- on the Elmo.
We can see the land use designation of the parcel.
You can see that almost two third of the property is in a community mixed use land use.
That's a 35 units per acre density level.
The bottom third is R-20.
20 units per acre.
The developer has spent considerable time over the last month, urged council for the last continuance, the developer did not request it.
I wanted to clarify that because I know the neighborhood is feeling that the developer is doing delay tactics.
Staff needed the time to be able to walk the site.
There's an extensive tree presence on the property.
I have an aerial that shows extensive trees, canopy here, and then perimeter of the property generally speaking.
There are six grand trees.
They are saving all but one.
And the Parks Department is indicating the one being removed is related to lightning strikes, as well as it is infested with insects.
They are not objecting to the removal of that grand tree.
They are asking for 68% tree removal, however.
That is a waiver requirement, and the developer should be demonstrating the basic hardship criteria for the removal of that amount of trees.
They are allowed by code 50%.
This side -- I'm not sure how many of you are familiar with the condition of the property.
It was developed in the past for commercial use, and it's been sitting idle.
The back piece is pretty green, and looks pretty nice on this photograph.
But I can tell you that the property along Busch Boulevard, it's unkempt, and that is one of the main reasons why staff is recommending for this project.
We do feel that the proposed development is meeting the intent of the comprehensive plan to allow for the development of properties where there is infrastructure available.
I also wanted to indicate to council that multifamily use is allowed on the planned development district that's on the property, the CG portion of the property through special use review, as well as the RM-16 through a special use review.
The land development office reviewed the special use petition for this property and has approved the development of 225 multifamily units through that special use process.
The site plan that I think is before you, though, is a better site plan than that one.
Staff has objections to the proposed development.
Has no objection to the planned development.
They are satisfied.
They are asking for two waivers. The waivers related to removal of one grand tree that's in deteriorating condition, as well as the removal of 68% of the protected trees.
And they are asking for the drive aisles to be 24 feet rather than 26 feet.
The developer has spent extensive times with the Parks Department and the construction service staff walking the site, making sure the best trees are being protected.
And they are extremely impressed with the efforts that the developer has made to try to develop this property sensitive to the existing vegetation as possible.
>>TONY GARCIA: Planning Commission staff.
I have been sworn in.
This one took a little of my thunderer from future land use categories but I am going to go over them one more time for you.
This is basically Busch Gardens over here, Busch Boulevard.
That, by the way, is RMU 100.
All land use categories, this is CMU 35 as Ms. Moreda stated which encompasses approximately two-thirds of the proposed site.
This is R-20.
This is CMU, R-20, R-35.
I don't recall if she mentioned this because I was trying to listen intently to what she had been saying.
The site plan proposed by the applicant does not include the three lots to the south over here which will be developed as single family uses.
So you will not have this project all the way out to the south boundary which is Yukon street.
Those three parcels will be developed as single family detached residences.
It would be these lots over here.
They are not included on the most recent site plans.
Basically the intent of the developer is to develop these as three single family lots, which is consistent, which is what is along the northern board area long east Yukon street here.
You can see this has not on the eastern perimeter of the proposed site.
I would have to reiterate along with what Ms. Moreda had stated this had been in a blighted condition for a significant period of time.
For any of you that have driven the east Busch Boulevard corridor going into Temple Terrace or going to Busch Gardens, you will recall that this has been a significantly blighted state for a very long period of time.
And I think what else is significant is you do have several existing zoning districts here that allow for much more significant intensive development than what's being proposed by the applicant.
I think what else is significant also is that you have a single ingress egress point.
Another point that I think would be significant is that the comprehensive plan allows this type of development to be allowed on the periphery of existing residential neighborhoods.
That being said --.
>> Can you identify, you said the white is along the east side?
>>> You can see those are common parking area over here.
All these units over here.
They are attached residential units.
Town homes.
>> Apartments?
>> Apartments.
>> And some of the other surrounding, just point out real quick.
>> Single family here.
I think there's two single families here.
Single family here.
Single family over here.
This is also multifamily use here.
>> How about the west side?
>>> This here?
That's a commercial use.
>> And down below that?
>>> This was part of the project here.
>> No, no.
>>> There's some single-family homes down over here.
And there are some vacant lots closer to this entrance over here.
That's primarily single family over on this side over here.
But you have to -- that's interesting, too, because most of the predominant land use categories are R-20 which allows multifamily use.
Even though most of the development in the surrounding area is single family detached.
It does have the potential for multifamily use.
>> You have that map --
>>> this is all R-20.
R-20 would allow consideration.
But it's all -- it not necessarily what's existing.
It's existing there.
As you can see by the parcelization, single family detached, is most of the case over here.
Along this perimeter here, this perimeter here.
>>TONY GARCIA: I didn't actually state it but we have no objection to the plan.
We found it consistent with the comprehensive plan based upon findings of fact.
>>JOHN DINGFELDER: Madam Chair, I saw Mr. Riley was here.
I assumed he might be here to speak about --.
>>LINDA SAUL-SENA: Come speak.
>>> Riley, Parks and Recreation Department.
I have been sworn.
>> I just wanted you to confirm about the six grand trees, and also the status of these other trees that are out there, because they are asking for a waiver of at least 18% on the protected tree.
>>> Right.
The grand tree they are requesting for removal would be deemed hazardous.
It has a large area of decay on the trunk, and we have no objection with that.
For this development the site is pretty unique in the sense that one site, the west side is high, the east side is very low, and a lot of disturbance throughout the site especially on the low side.
And also it's a heavily canopied site but many of the trees on that site are mulberries and nonprotected invasive type species.
So we have worked very hard with them.
Of course, those invasive species are not included in the tree tables.
They are not part of the 68%.
So we try to select the best trees and work very hard with them for this particular type of development.
And I think we saved.
>> So you had significant input in this to get it to the 6%?
>>> That's correct.
I know they changed their site plan at least once, and more likely two times to get to that number, yes.
>> So what would be required to take it to the 50%, which is the standard code?
>>> I'm not sure I understand the question.
>> Is there a particular part of the north, south, east, west of this development that if we were to deny their request for the waiver, and they had to drop to 50%, what would be the impact in terms of talking about, you know, maybe saving more on the east side, south side, north side?
>>> Well, we would try to save some more viable trees around the buffers, for the buffering the neighborhood.
And I think the only other option they would have would be to reduce or lose buildings.
I mean, one of the things -- and again you're familiar with my low impact development.
But if you looked at losing a large number of trees to a retention pond.
But I don't, again, in this particular site, it is unique having the two different drastic changes in elevations.
And I really think for this type of project, what we were faced with, they wanted to save as many trees -- good trees, too.
We are not just saving trees to reach a number.
We are saving trees that will be viable after construction.
So I think we have reached that point for this development.
>>MARY ALVAREZ: So you're saying that on the east side they have to fill, or is it on the west side?
>>> It would be on the east side of the project in the part that jutting back out, heavily canopied.
>> Heavily canopied on that side?
>>> Yes.
>> So they would actually kill the trees if we had told them to save them?
>>> That's correct.
And that is one of the things that they have committed to, to work with us through the project, because when they come in for permitting, what we are going to then be requiring is construction, we may have to use various iteration techniques to make sure the areas, if there is the tree-type situation, that will have positive drainage out.
So we look at all those details, and they are aware of that and they are committing to a tree preservation plan prior to permitting.
We'll have all that reviewed during permits.
>> Thank you.
Any other questions of Mr. Riley?
Petitioner.
>>MORRIS MASSEY: Before the petitioner makes his presentation, I did want to ask council to please state on the record if you had any oral communication about this rezoning, to please disclose that, also any written communication ought to be received and filed by the clerk at this point in time, and to the petitioner, any other party, that could be made part of the public hearing.
>>JOHN DINGFELDER: Move to receive and file.
>>LINDA SAUL-SENA: I don't think anybody had any.
>>JOHN DINGFELDER: I'm sure we received e-mails or document.
So if there is any.
Has the clerk received any?
>> Petitioner.
>>> Keith Bricklemyer, 500 East Kennedy Boulevard, for the petitioner, with me are Richard Denny and Jim Voyles as well as our consulting team.
Mr. Denny and Mr. Voyles were formerly with Pace properties, and as you know Pace properties has had a significant presence in the city over a number of years.
Mr. Denny and the team that is now his team at Oxford is the same team that developed approximately 2500 units in the City of Tampa over the last number of years.
The subject property, as you have seen -- Is on the south side of Busch Boulevard across from Busch Gardens parking area.
The northern portion is buffered on the west by a restaurant and apartment project, the regent apartments on the east.
And they are single family in the southeast corner and the southwest corner.
The property that's being purchased actually extends to Yukon Avenue.
After meeting with the neighbors, their desire is for single-family development.
It's not what the current comp plan is saying but we did lop off the southern portion that fronts on Yukon, so that that will continue in single family zoning.
They are not asking to have that property rezoned.
The parcel is approximately 12 acres.
And as staff has presented to you, the variety majority of it is already zoned for multifamily development.
What's outlined is red is what is currently already zoned for multifamily development.
The only thing that is being rezoned by virtue of this petitioner these two small areas comprised of about two acres.
The current compressive plan designations on the property would allow 286 units.
The current zoning on the property would allow 239 units.
We're asking for site plan that is only 232 units.
And the reason that we have included this extra property and not just proceeded with the current zoning, although that's certainly an option if we end up there.
We have what we think is a better product.
It's a townhouse community as opposed to an apartment community.
Without these two acres, you scrunch things up.
The density is actually higher under what we are asking for and as you push that density into a smaller parcel of land you have to go out in these three-story buildings. The current zoning is -- single family residential area allows three-story buildings on the property.
We do not have any three-story buildings on property values.
That's one of the benefits we think of the project.
As Stan indicated the applicant has worked very hard to resolve the issues that have been raised by staff.
And we come to you tonight with a recommendation of approval from all of the reviewing agencies.
We have also known in the civic association, we have had three meetings, we have been unable to reach closure because their primary interest is to have a single-family development.
This property is comp planned for multifamily, zoned for multifamily for the most part except for these two acres.
That is not what's going to occur here.
And we are trying to present the best possible plan that we can that achieves a density that makes sense, but that also protects the neighborhood in the area.
We revised the plan a couple of times.
We were on the 35th site plan for this property.
Attempting to accommodate concerns.
And as you know -- and this is a PD.
This is a very, very specific site plan.
Each time those plans are changed, it has tremendous ramifications.
And we have gone through that process, spent the time and money that was necessary to try to get something that we felt council could embrace.
And we had hoped the neighborhood would embrace.
But that did not prove to be the case.
In the context of our neighborhood meetings, a number of issues were raised with respect to water problems, sewer problems, flooding problems.
We traced every one of those problems, submitted into the record letters from the city utilities department with respect to we will have no impact on the water system, no negative impact in the area.
There's a letter in the record in the booklet that we filed with the city.
With respect to stormwater, this area of the site is R-60, which is part of the heavily canopied area of the site.
That's the low spot that needs to be filled.
That's where we run into tree issues.
But one of the things with respect to stormwater, this area is currently a blind sump.
It's a pocket that hold water that flows from the neighborhood into this area.
Part of our stormwater system would create a significant retention pond in this area and it will create a positive outfall so that the water that currently sits there moves off the site, which we think will significantly improve the stormwater flows in the area.
Jim Voyles is here with Oxford.
He's a little more detail plan with respect to the tree preservation issue.
>>LINDA SAUL-SENA: How much fill are you bringing into the site?
>>> I'm not prepared to speak to that. Our engineer is here.
>> Good afternoon.
My last name is GHOVAEE, with north side engineering located in Clearwater, 60101 Cleveland street and I have been sworn in.
We have tried to maintain a balance of fill.
We haven't calculated the fill to the extent where I could give it to you to decimals, but we have tried very much to balance the fill basically.
The area where the retention pond is will remain as it exists will -- we are not touching it.
All the trees in that area are to remain.
The reason we put the retention pond there was because it had natural depression in the ground.
So whatever you see in the retention pond will basically remain untouched.
Further to the west will be bringing the land up to meet the proposed grades.
I hope I answered that question.
>>LINDA SAUL-SENA: It says, for example, the ridge has basically between 28 and 32 feet basically.
But that's different if there's ten feet of fill versus if there's two feet.
So I'm just trying to get a sense of how much fill you have.
So if you're a neighbor who is in a one-story house, how high is it?
>>> The fill is going to meet their elevation.
We're not raising the ground close to the property.
I'm sorry.
The property on the east side will remain as it exists.
It's just the ground goes down and comes back up again.
>> But on the west side how high is it?
>>> On the west side, we're looking at generally speaking four feet of drop, which starts from the existing ground, and really tapers off very gently.
And it just will be extremely negligible.
You won't be able to see any -- ware trying to maintain the trees and therefore not add any dirt to that area.
>>LINDA SAUL-SENA: Thank you.
>>JOHN DINGFELDER: One further clarification.
Did you say there are trees in the area that's being described as the new retention pond?
All these trees are staying?
>>> Yes, sir.
>> So how do you build a retention pond?
>>> It really is a natural retention pond.
We are enjoying the existing grade as it is.
We are not cutting any dirt or addling -- adding to the.
We don't have to touch any trees in that area.
>> Is that retention pond going for the entire project?
>>> Yes, sir.
We have done the calculations.
It will meet the requirements of SWFWMD and the city.
>> Where does it pop up to?
>>> To Orange Avenue to the west.
There's a 30-inch drain to the west.
And not only will we discharge a retention pond to the west but we are also taking the drainage from the outside, which is from the neighborhood, to the pipe that will direct the drainage as an outflow.
>>> I'm Jim Voyles.
Let me spell my last name.
V as in Victor, O-Y-L-E-S.
I live in Atlanta, Georgia.
I work with Richard Denny.
I'm here to address issues that deal with the trees.
And so what I'm going to do is I have got a plan here that calls attention to cut trees, saved trees, grand trees.
And let's walk through it with you council members.
>>LINDA SAUL-SENA: Whoever is controlling, could you make the picture as large as possible?
That's better.
Thank you.
The concern is if we hold water in anytime we have changed the character of that area, and some of those trees might end up dying.
So that is one area where we have had to make a concession to cut the trees on the basis that we would probably kill those trees to begin with.
And that is another issue.
Or we can come back and plant some water to offset the trees so we still keep the same canopy.
Let me start with the trees that are grand trees so you are familiar with where they are in the site.
And those are located in the dark hatched areas.
The one that we have determined a hazard is right here.
So that's the only one that's coming out.
The rest are staying.
And as you notice, right down here at the bottom of the page, there's one that is in the pond.
We are going to build an island that will work with saving that tree and keep it in the environment that it has, and we work closely with parks and recreation and CSE to make sure that occurs.
The second thing you notice is there are some dark green trees. The larger circles are specimen trees.
The certified arborist, we brought him in and he ranked the trees from zero to five. The top trees rank in the 3 to 5 range.
Your hazard trees are 2 and less.
We have to remove, or will have to remove, 56 trees, protected trees, that are ranked 2 or less, or hazards.
So what goes into that 6%, because those trees aren't going to be trees.
They lean too much, they are diseased, they have been damaged.
And that's all documented in a report that's here.
And we had turned the single report in to planning and parks and recreation, and they have gone through and agreed to what's in here.
So we're on the same page and understanding.
Now, the red trees or pink trees that you see on the site are those that get cut.
The green trees, the shaded trees are grand trees and the large green trees were all specimen and protected trees that are safe.
So you can look around the perimeter, in certain areas in the parking lot.
And then also across the back in the perimeter area.
In the center of the development end up creating a park atmosphere with a lot of those trees.
In certain areas, the tree, the grand tree back here on the back part, in this area where these trees are, we'll have an impervious surface which will allow of course the water and rain to soak through to the roots.
And that will all be treated and set in place with parks and recreation and CSE to make sure it's done correct to save those trees and maintain them so when the development is done, you are going to have a handsome development that is going to be representative of care and a combination of Oxford and the city.
A few key points is that back here one thing we did on this development is that we chose rather than the traditional apartment development, when you have parking on the perimeter, we chose to use our buildings to assist in screening any direct lights that might pollute into a neighborhood's backyard.
So we used the buildings along with requested by detailed in chapter 13, the landscape chapter in the code, and we put that buffer in place.
Ultimately, we are going to plant trees to cover and fulfill any of the cutdown that we have got to replace on this site, and the landscape plan that will meet or improve upon what the city has.
I think one thing you can look at is if you know these gentlemen behind me that form this team, came from post and did those properties, that's the standard we're focused on.
So we will be meeting that standard.
A few quick things that I think are important to realize is that we have a certified arborist work with Mr. Riley and other people at parks and recreation, actually went out to the site and spent almost two-thirds of a day walking the site, looking at each tree, addressing the condition of each tree, addressing the tree in the sense of can it be saved?
If it's saved, how do we save it?
Where does it fit in the plan?
Can we shift the building?
The 35 different plans that we worked on, about 20 of those were done without parks and recreation seeing them.
We came to them with a plan we thought, and were willing to move or shift buildings based upon the need to maintain the mix and the density we have.
There are 232 units.
That's a density of about 19 units per acre, versus the 25 or 26 density that we could, across this whole site when you blend the 35 and our 20 together.
So we're not in here to create something that just overwhelms the neighborhood.
We want to build something that is well figured in, fits the neighborhood, and is scaled and unity and harmony with them.
Thank you.
>>LINDA SAUL-SENA: Any questions by council members?
The petitioner has a right to rebuttal.
And then the public.
Members of the public can come and speak.
Everyone is allowed three minutes.
State your name, address, and that you have been sworn in.
>>> I have been sworn in.
Jean Johnson, president of temple decrees civic association, 4242 Miller Avenue.
Let me give you a little bit of overview.
Temple Crest has seen many changes over the years.
We were chartered in 1948.
The river to our south, Busch Gardens to our north and Temple Terrace to the east.
Our area is in decline.
To too many apartments.
We were first told this development would be town homes.
Town homes implies single family ownership, pride in the community, people getting involved, revitalization.
We would welcome this.
But that is not the case.
This is a multifamily development, 232 units, a transient community, a development that does not give, but takes from our community, will create additional traffic crime, antiquated sewer system is already overburdened, additional trash and the future slum in the making.
We do not want to become another suitcase city.
We already have more than our share of apartments.
Recently several of our community leaders met with your attorney Martin Shelby, and city staff, and we discussed multifamily and how our old neighborhoods are crying out for help.
From what I understand developers as in this case are using a loop hole in the comp plan.
If the property is zoned CG commercial, they are able to go to staff and build multifamily.
I guess under the CMU 35.
This is not right.
Neighborhoods need your help to stop this.
Commercial is not bad.
You can benefit the neighborhood.
It can be a buffer to the residential area.
This project is in two intense or too intrusive in our neighborhood.
The proposed project is too intrusive.
Our north south corridor will be under construction until 2009, a two-lane road under construction, a bridge being replaced, unbelievable traffic, a moratorium should be placed on any new multifamily until the structure is in place.
And I have drawn this up to give you an idea as to where our residents are located.
I'll give you a general idea, too, as far as the view.
To give you a little idea, this is -- Busch Gardens is up here.
Busch Gardens parking lot here.
This is CG, a restaurant, being redeveloped there.
This is the old Geegle property we're talking about.
This is a three story apartment.
And this is a motel.
They are not intruding O on our neighborhood.
We would be better served to have our property CG, or a three-story apartment where the front of Busch Gardens and this wooded parcel.
This is all residential area here.
All along.
At the top was CG.
Down here is CG to this line.
And we have your RM-16, and RM-60 here.
The property line on our parcels is only going to be 12 feet from the back of their cement patios.
Only 12 feet.
The buffer, they propose, is a chain link fence.
This is too intrusive.
Thank you.
>>LINDA SAUL-SENA: Thank you.
Mr. White.
>>KEVIN WHITE: Ms. Johnson, maybe I misunderstood.
Maybe you can clarify for me.
Up at the top in the first portion of that, where the proposed development -- of course, you said CG up there and you would recommend three-story apartment building but what were you proposing?
>>> Yes.
They want to develop this with apartments, put it up towards Busch Gardens, get it away from the residential area back here.
Do your three stories. This is a three-story apartment here.
It's not intrusive.
This is even a motel.
It's not intrusive.
Commercial can be a buffer for the residential area.
Even if it came back.
Use this for green space.
If you will notice in their plan, there's no green space.
I don't know how many residents are going to be here.
Not a play area for the children.
>>KEVIN WHITE: Even if they use that bottom portion, has green space, who would benefit from that?
Because the bottom portion that faces ewe con, just a little lower, right where they are proposing the three residential units.
>>> The three residential units, it cutting this property in half.
This is RS-60 back here.
And they are leaving only like 85 foot deep on this.
>> What I'm saying, put the three homes.
That would still be Yukon drive?
So that would keep the flow or the natural progression of the single-family in the surrounding.
But if they stopped the development up there, that would be green space, but to who's benefit is what I'm saying.
Because I'm sure as their property, they would either fence that or wall that.
Then it would be adjacent and abutting property owners surrounding that bottom U portion would not benefit from that open green space.
>>> Well, that's our canopy back there too as far as for the residential area.
As you notice it's a very nice canopied area.
What is really intrusive are these apartments are right on top of the line here.
I mean, 12 feet from a two-story building and a chain link fence is the only buffer?
They didn't even offer an 8 foot masonry wall, which to me would have been the least they could have done.
>>MARY ALVAREZ: That's, what, orange view?
>>> This is orange view.
>> Is that across the street from it?
>>> No.
This is what I'm saying.
This is the road here, orange view.
This was once lake.
And homes circling this.
Our buffer is just a chain link fence.
>> You could ask them to put a --
>>> at the very least.
But if you have to do that, move the apartments up to the front.
>>MARY ALVAREZ: Thank you.
>>LINDA SAUL-SENA: I hope the petitioners are taking notes so they can address some of the questions.
>>> Larry Jones, 8718 north tangerine place.
I feel this is a very, very bad idea.
There's a lot of talk about trees and stuff.
That's important.
But the issue that's skirting here that nobody is bringing up is Busch Gardens is right there.
>>.
>>JOHN DINGFELDER: Where is your house?
>>> I live on these two lots right here.
>>JOHN DINGFELDER: Take the mike.
>>> Oh, I'm sorry.
I have had two lots right here on tangerine place.
The retention area that they are proposing for all this concrete, this isn't enough to handle just the regular water the way it is.
The flooding is -- this isn't going to be enough to handle the flooding.
I have big concerns.
I had water in my home.
I walk my dog through here.
It's real nice.
It's one of the few thing basically that's left in the area.
They have got buildings everywhere.
And I'm not opposed to building.
This property is a niece nice piece of property.
But to put that many people on that corner, at 500 cars rolling out of here with one way out.
And they didn't say anything about the median here so you can only make a right turn and then you have to make a U-turn if you want to go back west.
If not you have to go down our road which is already a problem because people cutting through to Busch Gardens.
And as you know Busch Gardens, we have a lot of traffic problems there.
I used to live down towards MacDill.
I had a home down there for ten years.
I don't want this to happen again.
I really hope that you guys decide with the people here today, because nobody -- we wouldn't all be here if we didn't really feel this was a bad idea.
Maybe something else that this is going to be too much.
I'm up here speaking to you from my part.
That's a very, very bad idea.
They put the concrete in here.
And I heard the same thing before when I was at MacDill.
Oh, we are going to take care of the drains, we are going to do this, do that.
They took care of their property.
Nothing was taken care of for the residents.
And we have been here a long time.
What are the residents in this area that work hard for their land and their homes going to get from this?
We're not getting anything.
The only thing that they have offered is a chain link fence.
And I've already got a chain link fence around my home.
I understand somebody some day is going to do something with it.
But this plan is a bad, bad idea.
For Busch Gardens, the traffic is heavy.
Where are the kids going to go to school?
It's a bad, bad, bad thing.
I wish you would maybe rule in favor of the people.
We're here.
This is very important to us.
It's a bad thing.
I really appreciate your listening to me.
(Bell sounds)
Thank you very much.
>>LINDA SAUL-SENA: Next.
>>LINDA SAUL-SENA: No applause.
>>> Residingality 4221 south sandal wood in Tampa and I have been sworn.
When I spoke to Mr. Voyles about this project he advised me that of their apartment units, townhouses, whatever you want to call them, roughly about 130 of them would be two bedroom.
That means you have the potential of 130 children within this project.
In addition it could be higher, because I understand the City of Tampa code allows two children to a bedroom under a certain age.
There's certainly no place for these children to play to young, enjoy life, do anything.
There are two barbecue pit areas that are being placed in this project.
That obviously is not a playground for children.
Children need a place to play.
They need to learn their social skills and they need to learn how to get along with others in the world.
If that area is not there, the development of the child can be limited, stymied, inability to express one's self in a proper manner.
Playground in this development means the kids are going to be playing in the street parking lot area that is provided.
You've got 200-some odd parking spots.
You have got a lot of kids out there.
You have got a recipe for disaster waiting to happen.
They might go play in the drainage ditch, that large pond area that they are making.
That by itself could be another problem for the children.
They will have a pool.
But will there be a lifeguard on duty?
Who knows?
The kids need access to that pool.
You can wall it off, whatever you want.
But kids are kids.
They are going to get in that pool.
It is my believe these are people who they are paying rent, they intend to live there, this is not a hotel.
They don't come and go every two days.
So these children need a place to be, safely.
There is no place allocated for that within these plans whatsoever.
Any developer of an apartment complex must address each that goes with that complex.
At this time it's obvious that ox -- that Oxford properties has not met those concerns and I'm not sure even given much thought to them.
And I hope that you all will require them to do so.
Also, with an attitude of we're going to come in here and do whatever we want, no matter what we say or don't say or you the City Council say or don't say.
I think it not the best way to do this.
Thank you very much.
>>LINDA SAUL-SENA: Thank you.
Next.
>>> Good evening everyone.
My name is Connie Rogers.
And I reside on north greenwood Avenue for 13 years now.
Thank you for having us here.
We're not against Oxford development's development and building.
What we are opposed to, homes rather than apartments.
Single-family homes.
Private owners would take great interest in their properties.
And they would take pride in their properties.
We are having excessive traffic as it is because of Busch Gardens, and the litter from construction that is being done on 40th street with speeding and excessive traffic.
And I live within five minutes, walking minutes of that property.
However, I must go that route, every morning to work, at least four times a day because I go home for lunch.
And I do have great problems with the U-Turners.
One morning I almost died because some lady was on her cell phone making a U-turn.
She must have been 12 to 18 minutes the driver's side of my car.
Yes.
And then she looked at me as if I did not have the right to be on that street.
I think having those multifamily apartments is going to create even more of that.
I also feel Mr. Oxford properties and Mr. Bricklemyer, he doesn't seem to have any concern or any compassion for our concerns.
We are concerned about the value of our properties being lowered.
We are concerned about living there 13 years I've lived there.
I've noticed how the neighborhood has changed, because of transient tenants.
Some homes become section 8 and the people throw trash on your lawn or whatever.
I don't care.
We had excessive break ins and stuff.
I'm not necessarily saying that these places are going to of break ins, but I think that we could do with private families, private homes, rather than apartments.
I think that's an awful idea.
I really do.
And we all think that.
In addition, I think that Oxford properties, their main reason for wanting to have these apartments is residual income for a five-year period, and then when they leave those apartments, who knows what we have there?
A lot of empty apartments.
People coming in and out.
Moving in and out.
You know, within months or whatever.
And then we have value of property goes down.
So we're begging, I'm begging, if you could please, please listen to us carefully.
And listen to our needs and our concerns.
And if you must give permission to build, we are all begging -- I am, not just asking -- but begging that they be private family homes with people who do take care of their properties.
Thank you very much.
>>JOHN DINGFELDER: Ma'am, is your house on that map?
Or where are you?
>>> It just you come out from orange view on the next street.
If you make a right turn, I'm the the very next street.
>> So you are within about a block of this property?
>>> Pretty much.
Yes, sir.
And we do have enough water problem as it is.
And sewer problems.
God bless you.
>>LINDA SAUL-SENA: Thank you.
Next.
>>> David evening, 8702 orange view Avenue.
And I have been sworn.
Lived at this location a little over 50 years.
I have watch the city sell our park and playground and balldy Monday.
>>JOHN DINGFELDER: Where are you?
>>> Yukon.
>> Are you touching this property?
I guess down on the bottom left.
>>> Down here.
>>JOHN DINGFELDER: Thank you.
I'm sorry.
>>> The city sold that park and playground.
That was to be used for parking with the promise that later on we would get a new ball diamond.
We did.
A park some three miles away.
This is also police grid 33, which has the highest crime rate of any grid in the City of Tampa in the last three years.
My home has been broken into twice in the last four years, the last being February 17th.
ss
And we also had the most unsolved murders in the City of Tampa.
There are eight of these in this particular police grid.
None have occurred in the last three or four years but the crime is there.
The apartments at 50th and river hills, if you don't recall being the first one, they put up nice pieces.
Those pieces were torn down by the people that lived there.
They have put up new, more expensive, better fencing.
Those are being torn down.
Only those on the east side, west side, we have more apartments which go almost to Busch Boulevard.
And the crime rate in that area is high.
I realize that.
But we do not get the police protection in this area that is needed.
We have seen the city -- we have seen what -- that they are designing.
It's going to put far more people in there and our crime is going to continue to climb.
The chain link fence they want to put up is not acceptable.
It needs to be at least a 7-foot wall so that most of the people that they house in here, at least if they climb over, maybe they'll break a leg and they won't be able to break in my house again.
These are things that Lou for.
It is to the point that it doesn't matter what the citizens want, it's what they want.
They will be there.
Mr. Bricklemyer has said a maximum five years, then they'll sell.
We want to see housing projects here, just like we have up north of Fowler in suitcase city, because they will have made their money, they will be gone, and they don't care about the people there.
I thank you.
>>> Good evening.
John Dausman, 4703 River Hills Drive and I have been sworn.
I would like to continue the thought of is this project good for Temple Crest?
Is this project good for Tampa?
I would like to offer the following observations.
When we met last with the developer and he brought plans, we were told there was one garbage dumpster.
One.
It up at the front near Busch Boulevard.
230-some apartment.
Everybody.
From the back of the property.
You've heard about how large this property is.
Everyone would have to carry their garbage up to the front.
You have already heard there is no playground.
We were told this openly by the developer.
And they also expect at least 15% of their population to be children.
That's at least 60 kids.
Where are they going to play?
I'll tell you where they are going to play.
If you put the diagram back up that Mr. Bricklemyer had, you will notice that there are no sidewalks connecting the buildings.
There's a sidewalk around each building with parking spanning out.
But to get from building to building, to carry your trash to play, you walk in the traffic.
You play in the traffic.
You carry your garbage in the traffic.
You've also heard what kind of amenities it's going to have.
A chain link fence.
Have you seen a picture of our drawing?
Of what these buildings will look like?
We've met with them three times.
We haven't either.
Not one.
Have no idea what it looks like.
You already know we take a very active interest in what goes on around and near us.
We have appeared before you many times.
We have actually supported a number of developments like the CVS, the Pizza Hut, and there are two coming in the very near future.
We tried to work it out three times with these developers.
And we were told quite honestly, that's not the kind of project we built.
We built chain link fence.
We build high density.
We don't know playgrounds.
We don't build amenities like trash collectors at each building.
I think you get the picture of what kind of development that it is, how the people that you already heard quite openly, this developer and Mr. Bricklemyer, have said.
It the standard procedure of this company, Oxford, Hobb own the property from approximately 8 to 5 years, to develop a cash flow.
And the materials, and get out.
And after that, there's the kind of things I just described.
It becomes a serious problem very quickly.
My first appearance before you is almost 15 years ago.
Five to eight years, we will all be back if this is built, asking your help, begging you for help, because it's become a slum.
Please don't approve any higher densities or special waivers they don't already have a right to.
I cannot undue the land use designations and the zoning granted in the 60 and 70s.
But there's no reason to make it in any groups.
Thank you.
>>LINDA SAUL-SENA: Next.
>> Michelle Clark.
I live at 4821 east Agnes Avenue.
I have been sworn.
And I have extra minute.
>>KIMLYN WALL: Would you mind reading the names and have those people raise their hand?
>> Ago news Clark.
Thomas Cassidy at 22426 Yukon and Sarah Smith at 8702 north orange view.
>>LINDA SAUL-SENA: So you get six minutes.
>>> Good evening, ladies and gentlemen.
My name as I said is Michelle Clark.
And I have told you where I reside.
I have also resided in Temple Crest for over 40 years.
I oppose this rezoning.
I oppose these apartments.
Blackmail is a very bad word but Oxford property has given us an ultimatum that is as good as blackmail.
They came to us on June 26th and told us if we approved their rezoning proposal, they would only put up two-story buildings of 232 units, and had configured the building so that the parking wouldn't bother the homes around the property with lights and traffic.
And that the front of the buildings would be facing inward.
But if we rejected their rezoning, they could and would put up three-story buildings with 225 units, and configure driveways anyway they wanted.
They can stop any kind without this council's impact, as the zoning was already in place.
All they had to do was pull the permits.
This sounds a lot like blackmail to me.
How about you?
Post properties has not attempted to work with the people around them, and family homes that will be effected by their town homes.
We have only seen one site plan.
Also, no one seems to understand that they are building a wetland, a natural wetland.
They cannot understand that when they say any water that falls on their property will stay on their property.
That's not the whole issue.
The water that falls in the adjacent property also runs off onto their property.
But it is a natural wetland.
The sewer in this area, in fact in all of Temple Crest, for both solid and storm, is woefully, woefully inadequate.
The traffic.
The entrance and exit is on Busch Boulevard.
This will bring between 400 and 500 more vehicles to an already overcrowded place.
And as close to this Busch Boulevard, it is less than two to three blocks from their exit.
Can you imagine what it going to be like during rush hour?
The backups, the accidents, are going to multiply thereby creating extra stress to an already overpacked emergency personnel.
This will also cause traffic to divert to the narrow side streets that are unsafe, to high volumes of traffic, that have no sidewalks for pedestrians, and have children, thus creating another unsafe condition.
Next, there's the quality of the complex itself.
They are small townhouses to high rent.
They have no amenity except a small pool and two small areas for picnics.
Nothing for children to play on, to keep them occupied.
And as you all know, if you don't keep children occupied, they will find some way to occupy themselves.
And you can't expect them to stay in an 1150 to 1185-square foot, two-bedroom home for the rest of their lives.
There's some history in our area.
We have been promised at Oxford properties that the complex will not be rented to section vouchers.
Yet we were told it would never be a through street.
And it's a raceway.
In the 60s we were told that what is now St. Martin would be the only apartment complex to be built in Temple Crest.
Now you can look at it.
I have no less than seven complexes on the end of Douglas Avenue and 50th street.
And they are in constant flux.
Temple Crest has a history of single-family, middle-income families and retirees.
The only reason that this property was ever zoned the way it is today is because it was changed for a tourist attraction called treasure land, that closed at 11 p.m., and after that, the sea wolf restaurant and gardens that closed at 12 midnight.
Neither of those properties bothered the surrounding homes.
This property was never intended for multifamily use.
We at Temple Crest would like a moratorium on all multifamily dwellings in this area.
So Temple Crest can continue to be what it was originally intended to, a community of single-family homes for lifetimes, not months.
We also have the issue of the park.
This City Council -- not you -- sold our park, which was right across the street, to Busch Gardens for a parking lot.
We were promised a park.
They went to Greco.
This would be a perfect park for our area, not several miles away.
This piece of property would be a family park that we could enjoy.
Also, there's one other thing.
I read recently in the paper the City Council was so proud that they were going to redo the public housing downtown so that the properties would not look like barracks.
I saw a picture of Oxford properties.
And it dawned on me just as I read that particular newspaper ad where I had seen their particular properties.
They were the homes that were barracks at fort Dix in New Jersey with with the on-base housing.
And they do look very much like barracks.
If you don't want it for downtown, don't pass it for our area.
We don't want them.
Thank you very much.
>>> My name is Terry Neal, 4703 east river hills drive.
I have a waiver from Tim Cassidy, 4226 Yukon street.
>>LINDA SAUL-SENA: You have four minutes.
>>> Thank you.
I couldn't have said it better.
In a recent newspaper article, we are the neighborhood that will not give up.
As for this plan, we will not give up.
We can do better.
We are not a neighborhood of attached multifamily homes otherwise known as apartments.
We are a family.
We will not become the next suitcase city.
We don't want to be Tampa Palms either.
We don't want to be Tampa Palms.
We have an identity.
We are Temple Crest.
Our neighborhood is experiencing a Renaissance.
Even I'm surprised at what is going on.
We are doing better.
We need single-family homes on this proposal, or at least higher quality, less dense, multifamily homes.
Let me show you a picture.
Of one of the most important signs that we have seen in our neighborhood.
Single-family homes for sale, within blocks of where this proposal is being put forth.
We have homes selling for nearly $200,000, brand new homes being built selling for nearly $200,000.
And Mr. Bricklemyer says we should be jumping up and down because because he wants to build apartments.
I don't think so.
Let me show you another very, very important picture.
And this is probably one of the more important pictures, if they ever I ever learn to run the he will movement this is a car making a U-turn on the Busch Boulevard coming out of the area where the apartments are.
Let me demonstrate this on the map that Jeanie left up here.
There is only one way to get out of here.
This is the single ingress egress and it doesn't even go straight across Busch Boulevard.
You can only make a right turn.
And you either go down this street, which is very narrow, has no sidewalks, and I walk it quite frequently on Sundays, or you go right here, and you make a U-turn, and you go west on Busch Boulevard.
And it happened all the time.
Can you imagine 231 apartments?
And all of those people trying to get out of that complex?
What a disaster that's going to be.
We also have homes that are selling for and appraising for nearly a half million dollars along the river, within a mile or two.
Now these are homes of properties that were appraised for only about $70,000, 15 years ago.
We are experiencing a Renaissance.
We do not need a slum on our property.
Let me finish by saying one more about this developer.
We have work with many developers and their representatives over the years.
And I'm going to try to read this because this has been a very difficult period.
We have been deceived, we have been told things that were just simply not true.
We have been no more contentious, more rude, more unbending developer, especially Mr. Bricklemyer, than any other developer that we have ever experienced in our history.
I asked specifically if they could come back with more single-family homes in one of the proposals.
They came back with three.
And I said, but I thought you were going to come back with fewer apartments and more single-family homes.
Is that all we're going to get?
And he said, yes.
And I said, well, what if we don't like it?
He said, we're going to build it anyway.
Thank you.
>>LINDA SAUL-SENA: Mr. Dingfelder has a question.
>>JOHN DINGFELDER: Chapter 27-326 requires that any proposed planned development -- this is a PD -- must be insured complete compatibility with adjacent existing and future land uses -- with adjacent existing land uses.
Do you have any comments specifically about accountability or incompatibility relating to the existing uses that surround this project?
>>> Are you referring to that that to me?
>> Yes.
>>> I think what we are seeing in our neighborhood is a Renaissance of single-family homes.
I think that what we are seeing is the overflow of South Tampa individuals who cannot afford the homes there.
We are also seeing the overflow of people who don't want to drive all the way from Tampa Palms to downtown, or to Westshore, and they are figuring out that in the middle of the city there is one of the most beautiful areas, most incredible areas.
We have a nature preserve called orange lake.
We have 40th street being built.
If you have been to McKinley already you can see how gorgeous that is.
We have been single family residential neighborhood in progress, and this is not compatible.
I think that answers your question.
>>LINDA SAUL-SENA: Thank you.
Next.
>>> Good evening.
My name is Richard Formica, 8713 Pawnee Avenue, and I have been sworn.
Walking is recognized by the public health community as one of the best general physical activities for all ages.
Unfortunately walking in Tampa is dangerous.
In the 2002 analysis, Florida is the number two state in the nation with the highest rate of pedestrian fatalities, and Tampa is the number two city in the state.
Eight local streets in Temple Crest have documented speeding problems, where 85 percentile of the drivers exceed the speed limit.
At 35 miles per hour there is a 65 to 70% chance of receiving a fatal injury from an impact of a speeding automobile.
Four of the eight streets with the speeding problems have no sidewalks.
Unfortunately, walking safely is the only traffic related problem we have.
The unprecedented grades of the last three years is outstripping our ability to provide adequate roads.
In 2004 urban mobility report shows the Tampa, St. Petersburg area with ever worsening traffic congestion.
The geography of our rivers and base and the cos instruction occurring practically everywhere limits the availability of land acquisition for roads.
Coupled with these physical limitations is our poor transportation system which contributes to the problem.
We can address both problems tonight.
The problems of unsafe neighborhoods be, streets, and the increasing traffic congestion by taking a single step to implement this administration's number one priority -- investing in neighborhoods.
Invest in Temple Crest by making this property a city park.
By making it a city park we provide a safe place for neighbors to walk and for children to play while preserving this valuable, sensitive piece of land.
By making this a city park we keep thousands of daily road jamming trips off our street.
A city park on this property could be the jewel in the crown of a Busch Boulevard revival.
If the property in question cannot be a city park then I urge it be designated upland habitat and placed understood the protection of the ordinance.
It is unique, with a variety of trees and a small sensitive wetlands area.
Oh, yes, it needs cleaning up.
But cleaning it and saving it for the benefit of the entire city is a much more worthy purpose than just building a few more townhouses.
In closing, I challenge you to live up to the promise of neighborhoods.
Advance in Tampa.
Advance the quality of life of this fine old neighborhood as you advance the quality of life for all Tampa residents.
Save this property.
Save it now.
And save it for the future.
Save it for all of us.
Thank you.
>>LINDA SAUL-SENA: No applause.
Next.
>>> Tangerine, and I have been sworn.
>> Sir, you need to grab the microphone.
You need to grab the microphone.
Thanks.
>>> I am -- where is Tangerine?
I back up to the retention pond.
I have two lots here.
I'm really interested in the magic they are going to use there to save the trees and get rid of all the water that comes through my yard now when it rains plus the water that's going to come from their property.
This is going to be real magic.
The draining and the traffic are the two major issues.
The traffic is horrific already as you know.
Every issue has been touch touched on here.
I would love to see, and said recently in the paper, another city park.
It been there for about ten years now.
Come back over here.
Development would kill the park.
Just please, no more apartments.
>>LINDA SAUL-SENA: Mr. Dingfelder?
>>JOHN DINGFELDER: Sir, your next door neighbor, one of your neighbors expressed a concern about traffic on tangerine.
>>> Yes, we all have.
>>JOHN DINGFELDER: I noticed in the scenario he described that folks make a right turn out and if they want to go to 40th street and head south toward Tampa proper, you know, this part of Tampa, then they would go out, and they would go down tangerine.
>>> Yes, down tangerine or down 46th.
A lot of people come out of these apartments, turn down tangerine.
And no speed bumps.
They go very fast.
>> What I was wondering about is if you go to tangerine, if you go down tangerine to get to U con -- Yukon, then to the new 40th street, or --
>>> yes, sir.
>> Okay.
So is that a concern of yours, the traffic?
>>> The traffic definitely.
If we have that many more cars dumping out onto this road, and they are going to have to turn east.
Then they will either make a U-turn.
On Busch Boulevard for a weekend, in this area, it cannot take ten more cars.
It's jammed up.
Sometimes the traffic will be backed up for -- 40th would be right about here.
I have seen it back up.
That's Mel's hotdogs.
Coming from the other direction all the way down 36th, I believe it is.
It just backs up so you can get into Busch Boulevard.
Thank you.
>>LINDA SAUL-SENA: Anyone else care to speak?
>>> I have a waiver form with eight signatures.
>>LINDA SAUL-SENA: Thank you.
How many can we take?
>>MORRIS MASSEY: Seven.
Ten minutes.
Vince Wallace?
>> Raise your hand.
>> Mary GOSSOM.
Laura --.
>>LINDA SAUL-SENA: Yes.
>> Joyce Formica.
C. fluff.
Twyla Forbes.
David Forbes.
Mails miles you have ten minutes.
>>> I have been sworn.
My name is Fred Hoffmann, 8707 Edna place.
The petitioner here said that there's going to be a problem, as a lot of you said there's going to be a problem.
At first I would like to start.
They wanted to build over 230 apartments on this piece of property.
The rent would be from 850 to 1250 per month.
So if you take a median of $1,000 a month, this equates to a gross profit of $230,000 a month, or 2.76 million a year, 13.8 million in gross profit in five years.
It's a lot of numbers but that's what it comes out to.
>> That wouldn't be profit profit.
That would be gross revenue.
Not profit.
>>> Gross revenue, yes.
Now, building 40 single family dwelling units, value is $250,000 each.
I doubt there would be any opposition to this rezoning.
If you look at 40 homes and 250,000 dollars you would be in a gross of $10 million.
The difference of 3,800,000.
Now, 50% for five years the ten million would increase, so you can get the same amount of money by building homes on that property.
Now, none of us would be here if there were single-family homes being there.
If they were built in this downtown area there wouldn't be anybody here.
We would accept well built low density real town homes on this property.
We are here because the petitioner wants to build the highest density possible on this piece of property.
As you already heard we have enough traffic congestion, Busch Gardens.
We have enough crime.
We have enough garbage.
We have enough noise.
We have enough low income.
We have enough trash from people.
This is a high crime area.
We are identified as a high crime area because we are boarded on the west by Sulphur Springs, drugs.
We are boarded on the east by seven major apartment complexes.
We have a beautiful community but we are being surrounded.
High density town homes are already scattered throughout our neighborhood.
Tampa Police Department, unofficially, told us that most of the calls in our area come from the apartments.
Most calls come from the apartment complex.
We change the topic slightly.
The majority of the people in prison are not rapists, they are not child molesters, they are not murders.
I got this information from a nun who wrote a book on the subject, and she wrote the president in upstate New York.
Most prison in -- people in prison are robbers.
Most people in prison lived in apartments.
Most have very low-paying jobs.
Most abused alcohol, were undereducated.
These were the apartment dwellers.
The police are reacting to crime in our area.
They are not being proactive.
And they are not prepared.
And they are not effective at stopping crime in our neighborhood.
We have had drainage problems for 40 years.
We still have five and six sewer mains.
We have more flooding because there is more concrete and less green space.
Most of our roads have not been updated in 20 to 40 years.
We have lots of traffic problems.
Busch Gardens andan adventure island are across the street.
Busch Boulevard backs up to I-275 during peek periods on the west and 50th street on the east.
There isn't any traffic moving.
There's days I can't get home.
Our neighborhood is deteriorating due to the lack of proper maintenance, and intelligent growth management.
We pay taxes.
We deserve something equal to the new and more prosperous neighborhoods in the city.
We need the city to make decisions not only whether rezoning petitioner meets but is petitioner going to enhance the city or make more problems for the city?
The city took the property it planned for a park in this area and made it into a parking lot for you know who.
We are still waiting for a park.
If you want top buy a park, buy this property.
When I was young, I got married, had a family, provided for my family, as I matured I looked forward to getting my children educated and looked forward to the future.
I also paid off my mortgage and looked forward to living in a neighborhood.
Does this sound familiar to any of you?
I bought a home, raised a family. I paid off my home.
It's paid for.
I retired.
My neighborhood is becoming a dangerous place to live because of all the transient people that moved in.
We had a constant drug and high density problem with other multifamily dwelling units in our area.
We rarely had robberies when our kids were growing up, until the impacts of the apartments.
Now robberies are common.
We don't have murders in our neighborhood but those are becoming common.
Most of my neighbors have been robbed.
There are five homes on my block that have not been robbed.
Now all the people in my neighborhood have burglar bars and living behind locked doors with guns, and I have two on my property.
I truly believe the criminals are now in charge, and we have become the prisoners in our own home, thanks to our growth.
We are beginning to become another robo cop type neighborhood.
The first time that petitioner came to negotiation I was leery when they said they looked at all the objections to the other petitioner and assured us they took care of all those objections.
Our basic objection was they wanted to build high density apartments.
They are still building high density apartments.
This petitioner said they are going to build high-end town homes.
Real estate definition.
A usually single-family house of two or sometimes three stories and is usually connected to a similar house with a common sidewall.
This is from real estate at answer.com.
Another.
A town home is a two story condominium.
The advantage of a town home is the absence of neighbors.
From greenhill.
The petitioner said, no, they were rental units only.
We said they are apartments then.
They said, no, they are two story rental town homes.
We kept answering.
They finally said they are building upscale apartment complex.
They said there would be pools and a playground, patio, for barbecue, et.
Yes, they said they only expected 15% level of children and that will be taken care of by the management company.
The management company is responsible for children issues.
He explained there is no green space available.
We asked about parking.
When someone has guests or party.
They said they allow 1.75 parking spaces per townhouse unit.
Petitioner had no plan for the property at the first meeting, and they said they would take our request under consideration and come back.
Before I scheduled the second meeting, the attorney for the petitioner called our president during the course of conversation.
She brought the subject of the wall around the rental community.
The attorney said if you decide to fight us on this rezoning, you will be lucky to get a chain link fence around the property.
I really cannot consider this acting in good faith.
Our second meeting was a disaster.
We asked for more changes and they said no.
We finally decided we needed to oppose the project.
We did offer them to come back to the June meeting.
They completed the plans for the project.
They agreed during later conversation with the president, but before the final presentation, their attorney made no mention whether or not they would show up for the June general meeting.
The Friday before our general meeting, the attorney sent a letter to us saying they would be willing to meet with us on Tuesday the 14th or Thursday the 16th.
I don't believe it was good faith.
We have already sent our membership notice of our scheduled meeting Monday the 13th.
We went ahead and scheduled the meeting the petitioner.
At this presentation they were finally talking about how the current zoning allowed them to build 236 units.
They only needed the rezoning for additional six units.
I compiled a list of some of the changes we asked during our meetings with them.
Were the answer was we are in the rental business only.
Would you cut density to apartments for single family dwelling unit for each apartment?
Answer: We have a portion large enough for single family dwelling unit.
Single family dwelling units around the size of the property with a concrete block wall through single family dwelling units.
Their answer: Our plans do not afford a concrete wall around the facility.
There would be a chain link fence and landscaping.
We asked them about a staff parking lot in the center of the property with the apartments totally surrounding the parking building.
Answer: The property does not have the stability to support a stacked parking garage, and we are not prepared to invest in such.
These are transcribed from our minutes.
We asked what was being done for the children playing?
They said they only expected 15%, that would be taken care of by the management company.
He explained there were two 45 foot green spaces for barbecues and children play area.
My dog has a larger area than that.
We asked about parking if someone has a party.
They said they are allowed 1.75 parking places per unit.
(Bell sounds)
>>LINDA SAUL-SENA: Would anybody else like to speak?
No signs, no signs.
>>MORRIS MASSEY: City Council rules prohibit signs.
So take the sign down.
Thank you.
>>> My name is Sharon Larson.
I live at 4222 east Yukon street.
I'm sorry I wasn't sworn in because I wasn't here on time.
(Oath administered by Clerk)
>> Okay.
My property is -- this is my property right here.
The water flows right here.
The water flows down here, down here, right along the property line between my house and this other house next to me.
So I've got a washout, gutter, you know, the dirt has washed out, got a lot of erosion along my carport. The dirt used to be level with my carport.
I lost this much dirt in my yard.
They say they are not going to fill in, any water that comes off of my yard goes down into that drain pit behind that wetlands area.
We can't have more property built up back there.
It entirely too much.
Last time it was 190 units that was going to be turned down, what, last year, last June, or June before, you know.
A year or two ago, 191 units was turned down back there.
And we are just asking for, you know, to stay the way it is.
It's a beautiful piece of property that should be a park.
And like I said, my property backs right up to that property line.
I have got almost a half acre lot that my house sits on there.
Thank you.
>>LINDA SAUL-SENA: Thank you.
We are going to take a break for three minutes.
Five minutes.
[Sounding gavel]
>>LINDA SAUL-SENA: Tampa City Council is called back to order.
Roll call.
>>JOHN DINGFELDER: Here.
>>KEVIN WHITE: Here.
>>MARY ALVAREZ: Here.
>>LINDA SAUL-SENA: Here.
Thank you.
We were in the middle of hearing from the audience portion on item number 3.
Is there anybody else who would care to speak from the public?
Is there anybody else who would like to speak from the public on item number 3?
Then the time for rebuttal of the petitioner.
And we adopted some months ago a limit of ten minutes for rebuttal.
>>> Keith Bricklemyer for the applicant.
I am going to ask Steve Henry to speak to traffic briefly and then I will speak to the other issue.
>>> Good evening.
5023 west Laurel, Tampa 33607.
And I have been sworn.
We have done the traffic analysis to evaluate the impact of this project on the adjacent transportation system.
And based on our analysis, the roadways and intersections adjacent to this project will operate at an acceptable level of service with the proposed project.
We looked at both the 40th street and Busch Boulevard, Busch Boulevard and 46th and the project -- and all of them at level of service during a.m. and p.m. peak hours.
Also talking about what the property is currently zoned today.
PD, CG and also residential.
What we have done is looked at what potentially could be there if the property were developed today as a commercial project as opposed to the multifamily project that's before you.
As you can see, the green shows the existing zoning today, commercial and residential, about 4700 cars per day, versus 1600.
So it less traffic on a daily basis.
We also looked at an a.m. and p.m. peak hour.
Again the green is existing.
About a wash during a.m. peek hour but during the p.m. peak hour about half as much traffic would be there.
And the commercial would have the same access as what we are proposing here which is right in right out to Busch Boulevard.
Again significant less traffic than what you might expect from the existing zoning.
And based on our analysis there's adequate capacity to accommodate the project.
>>LINDA SAUL-SENA: Thank you.
We'll hold your time.
Council members, would you mind waiting or -- hold their time.
Mr. White first.
>>KEVIN WHITE: I just have one question.
And it befuddles me every time someone comes up from traffic.
I'm sorry.
I just can't grasp the math of 232 units, maybe times two, we have 464 cars, and we are adding more density, more cars, and we are going to have less trips.
(Applause)
>>LINDA SAUL-SENA: I'm sorry.
No applause.
>>KEVIN WHITE: And I don't mean that in a sarcastic -- but everyone that stood at that podium has not been able to explain it.
If somebody can explain that to me --.
>>> Let's start with the existing zoning.
Existing zoning includes commercial, not just residential.
So we're looking at commercial development, which is per square foot trip rate as per unit.
And I even used a conservative number of specially retail which is about 40 trips per thousand square feet then we used town homes which is about five trips per town home.
>> So the trips generated is just on your property.
Okay.
Well, there's no trips generated there now.
>>> The thing we're saying today, some of the residents said they would prefer the commercial that's there today.
If you look at from just a pure traffic standpoint of if you use the CG and the PD, the property could develop today, what kind of traffic could you expect from that piece of property using the existing zoning?
We are saying there would be more traffic generated from the property based on the existing zoning than what you might expect based on the proposal that's before you tonight.
>>KEVIN WHITE: Maybe that's where my confusion came in.
>>> You're looking at residential, which is 232, and the trip rate for that is about 6 trips per thousand.
6 trips per household.
That's the general number for multifamily.
And we look at that and compare it to commercial.
Commercial has a much higher trip rate than residential does.
And so from that standpoint, when when you take the commercial zoning that's there today, plus the residential, you get a higher amount of traffic coming from the property as commercial property as opposed to residential, which is pretty typical.
Yet per acre, you are going see as a per acre basis, commercial generates a lot more basis than residential, per acre basis.
>>KEVIN WHITE: From that understanding, I see how the trips are generated now.
When you are talking about on that piece of property -- and I'm not advocating either way, but I'm looking at from what some of the residents have said.
They are not worried about the trip generated on that piece of property, they are concerned about not just these, but on the petitioners, and other citizens throughout the community, worried about the trips generated through their neighborhoods and on their streets, not just this particular piece of property.
>>> But relooked at from this standpoint, we looked at the impact of this project on the intersection of Busch Boulevard and 40th street.
Looking at that a.m. standpoint and a p.m. standpoint, p.m. peak hour and looking at the impact of what the existing level of service is today.
And then if we add the project traffic associated with this project to the existing, and see what that impact is.
So we have looked at that intersection.
And I'll just read them off to you here.
If we looked at Busch Boulevard and 46th street, you get the same thing, with the existing conditions, I'm looking at it with the addition of Busch and ORNGU, and Busch access to see what the level of service is for cars at those intersections.
And based on our analysis, the capacity can accommodate those cars.
>> That was my only question.
>>LINDA SAUL-SENA: Mr. Dingfelder.
>>JOHN DINGFELDER: Is there anything in all of your magical books and computer programs and everything that tells you when these people, future people who might live in that complex, where they are going in terms of what their ultimate destination would be?
You know, X percentage are going to end up in downtown, or X percentage are going to end up, you know, over at the university or what have you?
>>> Well, what we use --
>> We all know they are going to go right out.
But after that, you know,.
>>> What we use is two things.
The one is, there's a regional model that D.O.T. along with MPO along with the city and county, it all includes Tampa, Pasco, Hernando, Manatee.
But it's a regional model that's been developed based on the lane uses in the area.
And what we use is that model, and we put this land use in that model and it does a distribution to tell us exactly where people are going.
And it's based on for this project, it's based on where the workplace, where they are working, where they are shopping --.
>> Have you used that for this evaluation?
>>> Yes, we have.
>> Any part of it?
>>> Yes.
We used that to determine what the distribution of the traffic would be for our analysis.
>> And can you tell me what percentage will be going ultimately will be going left?
Or south?
>>> South, we got about 11% going down 40th street.
And west we got about 49%.
>> So virtually have to come out of there and figure out a way to go back west?
>>> Yes.
They would make a U-turn at one of the median openings or go to 46th street and make a U-turn.
And that is the reality, the only way they would be able to do it.
Again, you look at traffic, you know, you look at the commercial, which would have more traffic, more making U-turns.
>> I understand that issue.
>>> But we looked at that.
We have added that traffic to those median openings and looked at the level of service of those, and the level of service.
>> Just for clarification, 49% -- and where would you suggest if you are going south?
How do you get south?
>>> Well, you would either, one, come out and make a right, make a U-turn at one of the median openings, and then make a left on 40th street.
Or, you know, the reality is that some will go down 46th to Yukon to get to 40th street.
That is the reality.
Some people are going to do that.
>> Or tangerine?
>>> Or tangerine.
>>MARY ALVAREZ: Just a comment.
If I was to be coming out and do a right turn there, the first opening I see is going down tangerine.
That's exactly where I'm going.
I'm not going to go straight down and find a median opening to the left so I can make a U-turn when Busch Boulevard is a really bad street.
>> If you're going south.
But again, if you're doing that residential, or a commercial, and commercial again would generate more traffic.
So the reality is, yes, some people are going to do that.
But as a commercial project you are going to have more people doing that than you would as a residential project.
>> But we're talking about commercial, we're talking about a residential set right now.
>>> Well, what we're looking at is comparing to what could be there based on existing zoning, and what some of the residents said they would prefer as opposed to what we're proposing.
And I'm just letting you know we have a concern of traffic in a neighborhood, that the commercial would generate more traffic and more traffic through the neighborhood than the residential.
But I guess that's what's before you.
But the reality is if that's a concern, the commercial that they were asking for could generate more traffic.
>> What about 40th street?
It's not even completed yet.
I don't know, when would that road be completed?
That would impact that community a lot, too.
>>> Yes, it's actually being done in segments.
Obviously the northern-most portion, they actually started in the northernmost portion and working their way south of the last section which is down at the Hillsborough Avenue has to be done in 2009.
>> In 2009.
Okay.
Thank you.
>>LINDA SAUL-SENA: Mr. Henry, I have a question.
What is the level of service of Busch Boulevard?
>>> It is level service D.
>> Okay.
Back to your presentation.
>>> I'm finished.
Keith: One other addition to that.
It's not only the potential commercial under the existing zoning as compared to our proposed residential project, but the current zoning of the property, if it were developed for residential, would have more units than the plan that we were proposing to you.
So under any set of circumstances, there would be more traffic under the current zoning than what we are proposing under our plan.
The technical issues very briefly, you heard again that they have outdated sewer problems, outdated water systems.
Again we have submitted letters into the record from the city department saying that we don't create a negative impact on those systems.
The stormwater system again, our engineer has evaluated this.
Because we are going to provide a positive, we are going to improve the condition that currently existing with respect to water.
I think more importantly is that most recurrent theme that you heard from the comments that were made, and that is we want single family, we want single family, we want single family.
And the reason they are so angry at me and angry at the project is we have consistently at the three meetings we went to told them, no, that's not going to happen, because it's already zoned for multifamily.
The question is, is it within eleven acre envelope or nine acre envelope?
That's the question.
Our zoning is to get two acres of perimeter property added to this so we can have a better plan.
Now, that's the position.
I was accused of blackmailing.
I have represented the facts to the community as I have represented them to you.
There is existing zoning for multifamily.
We are proposing a townhouse with rental.
And they have to understand that the existing zoning allows more units than what we're proposing.
That's the fact that nobody wants to acknowledge.
And the fact that we have say moo No single-family is what they are unwilling to accept.
You heard slum, section 8, suitcase city, declining property values, we're gone in five years.
I have no idea where that came from.
I think perhaps it was a suggestion made by somebody in one of our meetings that was attributed to us.
That is absolutely not attributable to us.
For example, the post Rocky Point project has been around for 12 years.
The comment was made we only have one compactor, it's a very, very nice project, 452 units, almost twice the size of this.
And it operates fine.
This is not a five-year deal.
It's not a rent it, sell it and get out.
In fact, if you look at the current trends in the apartment community in this area, the trend is to convert to condominium and sell units after a period of time for single-family.
We have included a market analysis in our materials that were submitted into the record.
It demonstrates that potential.
And that is a very good for this community.
Let me briefly review why you should approve this rezoning.
Everybody said the property needs to be developed.
It is an existing problem with respect to vagrancy, trash dumping, mosquito breeding, crime has been indicated as a problem.
This community will have an off-duty policeman who will live at the site at substantially reduced rents for the benefit of Oxford.
He will provide security on-site.
It will be 24 hour security.
It will be a secured community.
Limited access.
Again our zoning is for fewer units that be developed under current zoning.
The current zoning does not have any limitations with respect to the location of three-story buildings.
We will have no three-story buildings adjacent to single-family residential or single-family zoning.
We designed our parking areas to block lights from intruding into the neighborhood.
The northern and eastern boundaries,.
We have the other boundaries of single family we have provided buffers in excess of what the code would provide under the current zoning.
The buffer requirements-five feet.
Our buffers are from 10 to 25 feet.
In the southeast corner where the retention pond is the distance between the property boundary and the first building is 112 feet.
There's a significant buffer there.
Mr. Denny is going to speak to this, but bottom line is we are proposing a quality project.
Having been in the business 25 years.
He's been in the business 25 years.
That has been the history of our collaboration together.
We have submitted into the record commendations from the mayors of the two cities for the most recent communities that have been developed, exact same thing, rental town home communities.
The new record is being Oxford properties, being a good citizen, doing what they said they were going to do, and developing hearty communities.
I request your approval.
I'll leave this elevation on the overhead.
It was included in the materials we provided to the neighbors.
It's a representative building of this project.
>>LINDA SAUL-SENA: Council members have questions.
>>KEVIN WHITE: Mr. Bricklemyer, just one question.
I'll have some more later.
But on the trash issue and the compactor, I don't know about this developer's project.
But I am familiar with the way -- and this may relieve some of the -- maybe the misconceptions out here.
But the way Camden properties does their trash collection.
They have a valet service.
And on the days they put the garbage out and they have a valet service that comes around and then takes all of the garbage to the compactor onset days like -- like residential.
Is that the case here?
Are people going to have to be --
>>> no, there is no valet service, as most of us take trash out to the curb once a week.
Once or twice a week, that would be typical.
I think the best answer is, if you look at the vast array of apartment communities, that's the way that they deal with the trash, is people take their trash to a central location.
It's easier to hide.
It's easier to maintain.
It's easier to keep clean.
It reduce it is area where bad smells might emanate from.
It's just the best way to do it.
That's why we are doing it this way.
>>MARY ALVAREZ: Mr. Bricklemyer, or someone, brought up the fact that there weren't any sidewalks that were connecting the buildings.
Can you address that, please?
>>> I can't address that other than to say that's the current design, is that the sidewalks are placed in front of buildings to access the parking area.
It really not a necessary component of the project.
>>> It hasn't been fully developed.
The one thing working with parks and recreation is that some of those places, because the trees are there we are going to come back and do some sort of boardwalk or something that protects the trees.
So, yes, the plan at the present time does not have that.
And the code requires us to have walks in front of buildings and we are going to connect certain buildings because it's safer to get to.
>>MARY ALVAREZ: Another concern is the changing fences.
Can we ask you all to change that to make them more compatible to the project for the neighbors?
>>> Keith: Mrs. Alvarez, you know -- you know you can.
And I'm sure you understand, the way this process typically evolves when you go to neighborhood meetings, the objective is to try to find out what the neighborhood wants, to see if you can accommodate it.
What we heard at three meetings vociferously and just as aggressively as you heard it tonight, with considerable rancor at every meeting, single family, single family, single family, we just kept getting worse and worse and worsen stead of better, better, better.
So we asked what can we do to make you happy?
We asked that question at every meeting.
Tell us what we can do that will bring you to this hearing in support of this project.
Make it single-family.
Well, that's starters so we didn't get it to work.
If that makes the council happy, this is going to be a secured community.
A black chain link fence with landscaping is being proposed it's adequate from our peck respective F.it's not from council's, that's your discretion.
>> Are you talking chain link or wrought iron?
>>> Chain link.
And if you think about it -- and I have had this argument numerous times.
A fence is harder to climb than a wall.
And if you talk to your security people, and your law enforcement officials, they don't like walls.
People can hide behind walls and they are more stable so people are able to get over them easier.
A higher fence would surely be preferable from our perspective.
And it would be harder to climb.
But if a wall is what makes everybody happy, that's fine.
>> Are you planning to have a manager on-site?
>>> Yes.
And let me ask Mr. Denny to speak to that issue specifically.
>>> Mr. Denny: My name is Richard Denny.
And I'm at 3625 Cumberland Boulevard, Atlanta, Georgia 30339.
And I was sworn in earlier.
Can you hear me okay?
>>> Yes.
>> What I want to talk to the council about, and going to the neighborhood, is that my entire working career has been in the property business.
And directly out of school, I went to work for post properties and worked there for 20 years, in Tampa specifically built post village off of Dale Mabry, Rocky Point, post Hyde Park, Hyde Park village, and Harbor Island, post in Clearwater, all extraordinarily well-done apartment communities.
And I think that there's been a very stereotypical and generalized statement placed on apartments.
But that's what we do, and that's what I do for a living.
I build apartments and provide quality rental properties for our residents.
Our latest format for those apartments is a two-story townhouse that eliminates breezeways, provides a lower scale, provides less noise problems, provides what we believe is a more single family, and frankly Mr. Bricklemyer said, and as a native of Tampa Anthony Everett, with the Tony Everett company, that frankly, the really well done rental communities in Tampa are being converted to condominiums.
Several of the properties that I built, they had the post properties name on them are now being sold as condominiums.
So I can't address the concern of the neighborhood that it be single-family.
We were excited when the broker identified -- Anthony identified the piece of property that the underlying zoning was for multifamily, that it did not have to be carte blanche rezoning.
We were excited about that because it's very difficult to get multifamily zoning.
But we believe that our $20 million plus investment which is financed, the equity is in place, we are ready to go, we were ready to go back in June when we first came to the council.
We are ready to start our investment in the community of Tampa.
We think that will frankly further stabilize the community, it will be yet another injection of capital into an area that appears to need it.
So in my humble opinion, I take issue a little bit with some of the pointed questions, because in my career, we study things like trash compacters, parking ratios, energy efficiency, lighting, to provide the best possible rental community for our residents.
>>MARY ALVAREZ: Thank you.
But my question was, were you planning on having a manager on-site?
>>> I'm sorry.
All of our properties have management staff.
And the management staff on a property this size we would have a property manager, probably two leasing agents, a Porter or neat and clean monitor that picks up trash, runs the trash compacter, keeps the property neat and clean, and a property engineer or maintenance man.
That would be the staff of that property six days a week.
>> But you will have a manager on-site all the time, 24 hours?
>>> No, we will not have a manager that lives on the property.
That's not a requirement of ours.
And we frankly feel like we get better day to day management by not requiring that manager to live on the property.
>> Well, I beg to differ with you but that's your prerogative.
>>> Well, it varies.
We do have some managers that live on the property.
We have some others that want to leave their place of work so that they are not bothered on their time when they are off duty, if you will.
But the security officer as Keith Bricklemyer said, will live on the property, and his number is provided to all the residents, hold safety seminars and does various things that makes hopefully our residents feel more comfortable that live on our property.
>>JOHN DINGFELDER: Mr. Voyles.
You seem to be the architect on the group.
One thing if F anybody can answer this, this property as I read through your petition appears to be owned by an entity from up north known as captain Sam's, Inc. And it appears that you all have perhaps a contract right now to purchase that.
>>> Yes, we do.
>> That's the legal situation?
>>> Yes.
>> So you don't own this right now?
>>> No, we do not.
>> As I was reading -- it's fascinating and you guys obviously have great backgrounds in building apartment complexes.
Is this pretty much your standard product that you're developing around the nation right now?
>>> Yes, it is.
>> And Mr. Bricklemyer indicated there's now been 32 iterations of this project.
>>> Roughly, yes.
>> Have all 32 basically focused on apartments?
>>> Yeah, that is our product.
And we set it up that way.
We tried to keep it three stories, tried to maintain the quality.
>> I guess you say it's a town home type of apartment.
>>> Yes, it is.
>> Okay.
So at no time during any of these iterations did you guys look at a multi-use project where you would transition from single-family, many single-family homes in the south, maybe using the lower half of the property with single-family homes, and as you transitioned toward Busch Boulevard with the more intensive zero lot line type of multifamily, that's not your standard product, right?
>>> It's not a standard product, because in development of the town home product, it relates better to a single family community.
It's scale, it's feel.
The other thing is I know there was a man here that did his little numbers evaluation.
We would love to get the rents he was going to get because we're not there.
>> What rents are you looking at?
>>> Range from 750 to nine -- to 950.
And the issue is, we don't develop single-family homes.
So we would have to set that land aside, and then sell it to a single-family developer.
And we wouldn't have control over that.
So whatever single family develop worry come in, he would either purchase a single lot, or multiple lots.
He'd be the person that would set the standards on those lots.
>> And where I'm headed on this, and the reason I asked you, Mr. Voyles, being the architect, and very impressive credentials, USC, Harvard, academic work, is our code and our requirements for a PD speak to compatibility with the surrounding existing use.
And I've heard tremendous testimony tonight from many people wearing red that -- and Gloria, I'm going to assume your red is irrelevant tonight.
But seriously, they have spoken about the -- and the testimony that seems to be unrefuted speaks to the inconsistent and incompatible relationship, especially on the southern end, okay, between your project and the existing single-family.
And, you know, from an academic perspective -- and I mean this sincerely -- I'm giving you the opportunity to tell me why your multifamily project -- let me just finish my question before you jump in -- why your multifamily project.
Frankly when I look at it looks like the same 1970s, two-story apartment complexes that I lived in in Gainesville.
You know, that's -- why haven't we made any progress, okay?
We have neotraditional concepts out there that all three of you are extremely familiar with.
We have mixed use projects that would truly be consistent and compatible where you could transition from single family in the south to an increased density that might give you -- end up with the same number of units to the north.
But it's not what your standard product is.
Okay.
But from an architectural perspective, isn't this something that a different developer could have done on that property?
That's my question to you, Mr. Voyles.
>>> Okay.
Yes, a developer that handles mixed use developments.
>> A reasonable use in another developer could have done, but you guys opted not to.
>>> Well, it's not -- I don't think it's a question of option.
I think you're talking to a developer who is putting a product out for workforce housing to try to meet the marketplace, that is being all the rental units for workforce level person are being sopped up and sold out as condos.
We put a market study in, in our book that you got there, to sort of look at what would be the best function for this property, and the Tony Everett company came back and said right now rental of town homes, in this case what our product is,.
>> There was some illusion earlier that these could be converted and sold down the road, or in the near future, but did anybody happen to notice that at least 10 out of the 12 properties that Mrs. Everett's firm identified in that study were South Tampa conversions, not Busch garden area conversions?
Because I didn't see one in the Busch garden area that's converted over, or in suitcase city.
>>> I have to relook at that book.
But my understanding is those were done in the Temple Crest area.
>> No.
>>> If that's missing --
>> The conversions -- there's no doubt that apartments are converting to sales units.
But my question is, it's more of a comment.
Didn't anybody notice that those were South Tampa conversions.
So I think it's apples and oranges.
>>> I misunderstood.
I thought you were talking residential versus apartments.
You're right.
Those are South Tampa.
But there are none up there that a converter would pick right now.
So everything in our marketplace is 20 years and older.
>> So the realistic notion is that these aren't going to convert to ownership, that isth is going to stay apartment for a long-term.
>>> I can't make that judgment.
I would not make that assumption.
>> But there's no facts and evidence to --
>>> either way.
>> I'm sorry?
>>> I don't think there's any facts to sit here and say they are going to be apartments ad infinitum, or I think there's just as much to say they can go the other way.
>> Some of the neighbors made an important issue to us, because we all care about children and we have a lot of children issues.
As a matter of fact, you heard at 5:30 today we were -- the federal government has tens of millions of dollars and many of it going to children.
Why are there no playgrounds in this project?
>>> I'm going to let Richard address that.
Because he's the guy that's developed that concept and how we put our product together.
>>> Richard: I apologize.
I would be more than happy to let Jim answer architectural questions.
>> Why don't you answer the playground question?
>>> Why don't I answer?
>> Why don't you answer --
>>> sure, I'll answer the playground question.
We are not marketing directly to families with small children.
That is not our intent.
If you look at our product mix, it's a one bedroom and two bedroom mix.
There's no three bedrooms.
Okay?
And so frankly we have intended, you know, we would be happy if there are no children that live on our property.
By law, there's a federal law that was passed that said we can't exclude it.
And we are not age restricted for seniors or whatever else.
So we don't have the right to have an exclusive, all-adult community.
That's against the law.
So we can't do that.
However, we believe that there are better choices, if somebody has two children, and they want to live in an apartment community, they want to go to a place that has a 3 bedroom unit, that has playgrounds, that has more green space, it has all of those amenities.
So I think the marketplace will dictate that.
We are really, clearly not set up to market directly to families with small children.
>> That's a fair answer.
Thank you.
>>> Thank you.
>>KEVIN WHITE: I would like to point out one thing that the gentleman just said, and it's a direct reflection of the type of community that he was speaking of, not that I support those, because that's where I had to live for a short period of time, and with two children in an apartment community.
And with no playground and all they had was a pool facility.
And than was one of the things that, you know, I as a parent when I went in and asked about the children in the community, and of course they can't answer that legally, and that's one of the biased type communities, if you will, that say, well, I only want to market to a certain person, I'm not saying good, bad or indifferent.
I'm sure the neighbors in the community would probably feel more comfortable with the family oriented type feel toward any particular community.
But he have community has its own use, and being close to the USF area, they would be attracted to young students and things of that nature.
But I just wanted to point out that other communities within the confines of Tampa have taken on yearly.
But Camden in Ybor has converted to condos as well but they have a much more attractive architectural design than what we have seen here today.
>>LINDA SAUL-SENA: Do you want to close the public hearing?
>>KEVIN WHITE: I would be happy to move.
Keith: Our presentation is completed.
I did want to again point out letters of commendation from the city of Atlanta, east point mayors, in our materials.
Interestingly, those two communities, Mr. Denny told me earlier about V 5% families with children.
Thank you.
>>KEVIN WHITE: Move to close.
>>JOHN DINGFELDER: So we don't have to reopen, just out of curiosity, I don't know who developed McDonaugh in east point.
But for you, Mr. Denny, I could ask you a question?
Just out of curiosity, were those two projects, or each of those projects separately, were they in -- I guess you referred to in your industry as Greenfields?
Were those sort of suburban?
Or were they inserted into an existing neighborhood?
>>> Denny: One of those is in a suburban Atlanta sub market.
That would be the McDonaugh property.
The other property is adjacent to the Atlanta airport.
It's like two and a half miles from the Atlanta airport.
>> So what are the surrounding uses of the one by the airport?
>>> There is a brand new commercial center with a million square feet of retail and so forth, and there's a variety of uses that are being output into that.
>> How about McDonaugh?
What surrounding uses?
>>> Apartments, and single-family.
>> Thank you.
Alvarez avenues just one more question.
Mr. Bricklemyer, would you reiterate again, if this doesn't go any further, and we deny it, what can you build on that property?
>>> The current zoning permits 239 multifamily units on less acreage than is included in our project. The two acres we are asking to be rezoned for RS-60 to multifamily would be left out of that development.
So the 239 units would be on nine acres instead of eleven acres.
>> What about your retention pond?
Would that be part of it?
>>> It could be a retention pond that served that community, even though it in the RS-60 zoning.
>>JOHN DINGFELDER: Just for clarification.
Mary, I want to make sure.
You guys don't own this right now.
>>> Keith: No.
>>KEVIN WHITE: Move to close the public hearing.
>>MARY ALVAREZ: Second.
(Motion carried)
>>LINDA SAUL-SENA: The public hearing is now closed.
Pleasure of council.
Mr. Dingfelder.
>>JOHN DINGFELDER: Madam Chair, I'm going to move to deny.
And I want to put on the record very clearly some of the reasons why.
Where do I begin?
I think I'll begin with our code.
Our code in chapter 27-326 (B) specifically states that the types or type of land uses permitted must be consistent in all respects with the comprehensive plan.
The City of Tampa code, and such uses including adoptive reuse shall be found to be so located and arranged to secure complete compatibility among themselves, with adjacent existing or future land uses, and with existing or future public facility services and utilities.
The key question there is the key hurdle that any developer has to overcome is they have to prove that this project is consistent and compatible with the surrounding existing land uses.
I think we have heard nothing but evidence to the contrary.
And frankly, sometimes, projects can be -- perhaps may be consistent or compatible, you know, with certain litigation.
But we have seen no efforts whatsoever to provide that type of mitigation.
Instead, what we have got here -- and Mr. Voyles was extremely forthright and honest -- but he said this is our standard product and we are going to fit it into this existing neighborhood.
And we don't know any other product.
So we're not going to make it single-family homes on the southern half which would be consistent and compatible because that's not what we do.
What we do is this type of product, and up here in Georgia and this suburban area near the airport, and this other area -- and I'm sure many other places they are building projects -- and you know what?
I know if we turn this down you guys will probably say I never want to come back to Tampa again and I wouldn't blame you.
But this project two miles to the east by the interstate would be totally wholly compatible and acceptable, because those are the green fields where you can start from scratch, and build this type of product.
But because there you don't have to be consistent and compatible with anything.
Except for other Greenfield issues out there.
But what you have done is, you have selected this parcel.
You've selected it because it was for sale.
You don't own it.
So there's no hardship in terms of the fact that, you know, you own it and now what are you going to do?
If this is turned down, then you walk away, and you've lost your time and your effort.
And I apologize for that.
But the bottom line is, in all the testimony we have heard in regard to transportation issues, I have severe concerns about cut-through on tangerine and Yukon and heading over towards 40th street.
Your transportation expert was extremely forthright as Mr. Henry always is, that 49% of the traffic is going to have to make a U-turn out there on Busch Boulevard.
Okay.
You know, that might work for the computers and stuff, but it not appropriate.
It's not right.
It's not good planning.
11% is going to head south and I think much of that as Mrs. Alvarez pointed out will go down tangerine, right, right and right.
You've got just inherent incompatibilities with these back yards.
These folks enjoyed their back yards and now they are going to have 41 foot buildings looming up 10 feet from the property lines.
That is inherently inconsistent and incompatible.
Okay.
If there was an opportunity where you could have transitioned from single family use into multifamily use, single family, multifamily, greater intensity as you got further north, then I think this council, at least this councilman, would have a much different way of looking at it.
I move to deny.
>>LINDA SAUL-SENA: Second.
Any discussion on the motion?
>>KEVIN WHITE: I would just like to reiterate some things.
I'm going to have to agree with Mr. Dingfelder's motion to deny.
One thing I'm afraid of is that that if Mr. Bricklemyer is the mean bad ogre that the neighborhood is stating that he is, that what could come on the heels of this project -- this is a PD -- and we have quite a bit to say on what can and cannot go in a PD.
And if there was any type of concessions or considerations to be made that would make the neighborhood whole and complete, this would be the time to do so.
But it doesn't seem that the developer in this particular plan is willing to bend, and/or make necessary concessions that are compatible with the neighborhood.
And I don't know how, although I do make to the Georgia quite a bit, I don't know how they do business with the neighborhoods, or how strong the neighborhood associations are.
In this great state of Georgia.
But here, they hold a lot of weight.
Not all the weight.
But when our neighbors and our citizens come out in force, we don't listen to them all the time but we definitely take their concerns.
And their community to heart.
My main issues are the traffic issues, which I go to Mel's hotdogs a lot.
And it's always on the weekends.
And my family loves to go up there, and as we are leaving Mel's, I go down to the 42nd -- I think it's 46th where the light is, and I go out to avoid, because the traffic is backed up two Mel's hotdogs to go back west on Busch Boulevard.
So I go further east to go to 46th, go down to river hills drive, cut back through 40th street, back to Hillsborough Avenue.
Yes, I'm part of your problem.
But I know the area very well.
I know some of the concerns that you all face on a day-to-day basis.
And the bottom line is this project would do nothing but exacerbate those problems.
Like I said, with an extra 464 cars, I don't see how the trip generation has impact on the neighborhood, the impact on Busch Boulevard is going to be any less.
Whether you're going east or west on Busch, when traffic is backed up as bad as it is on Saturday, even if I want to go westbound on Busch I still go back up through the neighborhoods, to Yukon, come back up 40th to avoid the Busch Gardens traffic.
And I think those are some serious concerns.
The other concern, that doesn't necessarily bother me as much, but I would was just sure the apartment complex would have a valet service.
If I'm living in the back quadrant of this complex, I really can't see putting up leaky garbage bag in my car and toting it up to the very front of the complex.
I'm sorry, I just can't fathom that.
If people do that, that's fine.
I just don't see that one.
And it just doesn't seem to fit in this neighborhood.
I've seen the property itself that's in total disrepair.
The sea wolf restaurant was a beautiful place when it was in its heyday.
Went there.
The other residents have echoed the other surrounding apartment complexes when I was growing up.
I used to swim in the swimming pool at Riverdale Delray apartments.
I drive by now. The wrought iron fencing is torn down.
And not to say that post properties or this particular group won't keep their property up.
It's just a negligible process that's happening.
In this particular area, in this particular neighborhood.
And I think the neighbors in this area, which was misspoken earlier to be Mr. Heroin's district -- I beg to differ, this is my district.
And I represent the people that are sitting out here in the red shirts.
And whether they voted for me or not, I represent them now, and I think it's my duty and my obligation to be able to listen to and express their concerns.
And if this was something -- and I'm one council member that has in the past, and probably will in the future, I have gone against neighborhoods, but it has to be an overwhelming and extremely good cause that I can stand back and look them in the face without any reservation and say, I just thought this was the greatest and best thing, and I'm sorry, we agreed to disagree.
But this time, to the petitioner, I happen to agree with the neighbors.
>>LINDA SAUL-SENA: Any other council members?
Call for the vote.
The motion that's before council is for denial.
All those in favor say Aye.
Those opposed, Nay.
It passed unanimously.
So the motion was denied.
(Applause)
Council still has two more petitions so we ask everybody to leave quietly, please.
>>CATHERINE COYLE: If I may, I do have a continuance.
>>MARY ALVAREZ: Yea!
>>CATHERINE COYLE: Item 18, ZO 5-66.
16?
16.
Sorry about that.
>>JOHN DINGFELDER: There is no 18.
>>CATHERINE COYLE: The petitioner and staff and the neighborhood have all been talking for the last four hours.
One-week continuance would probably be enough to meet the needs.
For the notes.
>>MORRIS MASSEY: All are open.
>>CATHERINE COYLE: You have an opening July 28 at 6 p.m.
It will be the last one on the agenda.
>>LINDA SAUL-SENA: The neighborhood requested it.
>>CATHERINE COYLE: Originally they had requested it.
I'm sure Mr. Steves may be here but we were speaking with them as well.
>>MARY ALVAREZ: So moved.
>>KEVIN WHITE: Second.
>>LINDA SAUL-SENA: To July 28th at 6 p.m.
All those in favor say Aye.
Opposed, Nay.
Thank you.
Thank you very much, petitioner.
Okay.
Number 9.
It already open.
Staff.
>>CATHERINE COYLE: It's me.
This is theirs.
Good evening, council.
Should I wait, do you think?
We need four.
>>LINDA SAUL-SENA: He's here.
Go.
Speak.
>>CATHERINE COYLE: Land development.
I'll be brief.
This petition is to rezone property at 3001 north Rocky Point drive to a PD zoning district, to introduce a specialized medical office.
You will note there is an 8 and a halfably eleven attached floor plan.
This is a laser spine institute.
That's the name of the facility.
It's very specialized medical use.
There is an MRI section, a clinical section, offices, administrative, and exam rooms.
The floor plan specifically lays out the plate and how it functions.
You will note on the Elmo, the majority of everything around it is a PD.
Most everything out there has been rezoned for offices, condos, hotels.
And I did provide an aerial as well.
This is the site.
And this is the parking garage.
And the building.
This is an existing four-story office structure.
It will remain with interior modeling and the owner of the property is committing 92 parking spaces to be allocated for this use.
You will note that there were objections in staff report and transportation, both have been alleviated, objections have been removed.
There were some findings in their analysis.
There was some mitigation that was needed.
They are contributing $30,000 to the City of Tampa transportation for the issuance of the first building permit in an effort to mitigate the native impacts for the failing traffic movements in the area.
On page 2 you will note findings of fact.
As I stated before, this is basically a mixed use commercial corridor.
And the PD request is very limited in nature.
They did a fairly detailed summary on the site plan of what the use is.
So a pediatric office or general practitioner would not be able to move into this facility without a new PD approval.
Staff had no objections.
>>LINDA SAUL-SENA: Thank you.
>>TONY GARCIA: Planning Commission staff.
On the overhead here, I have for you a land use depicting land use designations in the area.
Primarily, regional mixed use, and of course predominant land use category for the surrounding area, CMU 35 in which the subject site is also CMU 35.
Locate add long the Courtney Campbell causeway, and is located in the Rocky Point mixed use regional activity centers.
Recently Courtney Campbell causeway was designated as a scenic corridor by the Department of Transportation.
The proposal for enlargement medical office within the activities, it would be consistent with the policy in the future land use element which relates to professional medical office space.
The additional amenities will be provided by the development A as agreed to to the transportation issues that were subsequently removed.
Planning Commission finds the rezoning request consistent and does not object.
>>LINDA SAUL-SENA: Thank you.
>>JOHN LaROCCA: 101 East Kennedy Boulevard.
For the petitioner.
I have been sworn in.
I won't make a specific presentation as to what's being requested.
But other than to say that the staff has been very dedicated and tenacious in its effort to assure that the city achieves its desired goals.
We committed to mitigate for area-wide transportation, impacts, based on some failing movements of existing -- that exist in the Rocky Point area.
And we are complying with all of the aspects of code.
This is an as-built situation, with one particular space, and very specific criteria allocated for the use.
We concur with the staff recommendation, and respectfully ask that you approve this request.
>>LINDA SAUL-SENA: One quick question.
I don't see a sidewalk.
>>> We have made a commitment to provide sidewalks along all three properties, or a fee in lieu thereof at standard rate that the city has established.
That is a condition in the plan.
>>LINDA SAUL-SENA: You're installing the sidewalks?
>>> They are installing and/or providing a fee so that they are installed.
>> Very good.
Any other questions?
>>> And mitigating for other impacts.
>>JOHN DINGFELDER: It's a great location.
It's unusual for a medical purposes.
>>> Well, we can get into the type of medical practice that it is.
It's very specialized.
With me this evening are the CEO and other members.
>> Basically --
>>> it caters to a clientele that obviously has specialized needs, specialized treatment, and caters to many out of town patients.
And it utilizes the airport, it utilizes hotels mountain area.
We did through a traffic analysis indicate that the trips generated from this use would be substantially less.
But we won't go into that.
We went through an extensive bit of work to indicate and restrict through this zoning that the use is very specialized.
We understand.
I for one understand the concern that you have in your code, and the issues related to medical related businesses and where there are conflicts relating to parking and impact.
This one we believe, truly believe, that it's unique in its nature and will be limited.
And we defined that as part of this request.
>>JOHN DINGFELDER: Sounds wonderful.
>>LINDA SAUL-SENA: Anyone else from the public care to speak on this?
>> Move to close.
>> Motion and second to close.
(Motion carried)
Mr. White?
Would you like to read this?
Oh, Mr. Dingfelder, would you read this?
>>JOHN DINGFELDER: Sure.
Move an ordinance in the city rezoning property in the general vicinity of 3001 north Rocky Point drive in the city of Tampa, Florida more appropriately described in section 1 from zoning district classification PD business professional to PD business professional medical office, providing an effective date.
>>LINDA SAUL-SENA: There's been a motion and second.
Any discussion on the motion?
All those in favor say Aye.
Passed unanimously.
Number 13.
>>CATHERINE COYLE: Catherine Coyle, land development.
I gave you site plans.
This petition is to rezone the property at 112 south Edison Avenue to construct a 2-story office structure, professional office.
It is to contain 1800 square feet.
Originally the plan said 1818 and they have added the additional note clarifying that it is strictly a maximum 1800 square feet.
You will note at the top of the plan really quickly, this is just south of Kennedy, just north of the Crosstown on the eastern sideline between two other office PDs.
This is the structure that they are proposing.
The building to the north is the consulting, environmental group, and essentially expanding or adding additional office.
And this is in keeping with the existing structure on the north.
This is new.
>>LINDA SAUL-SENA: But it's compatible?
>>> Yes.
This is the footprint of the building here.
Just a note.
There are a couple of large grand trees.
One off site but two on-site, which they are designing around with the pavement and they are utilizing turf block throughout the parking area.
It does require a waiver for transportation.
Generally needs to be paved with hard surface, asphalt, concrete, and the parking spaces can be turf block.
But given the nature of the site with the very large trees, they are grand.
We have agreed to allow them to do turf block.
Originally there was an objection from the forestry section.
Dave Riley, he is here if you have any questions for him.
They did add several notes, which is the additional page that I gave you.
The 8 and a half by 11 sheet.
All of these notes were added to the plan that talk about the building design of the parking layout that can be shifted as the final design of the project unfolds.
And they will be working very closely with Dave Riley and Kathy beck and Steve Graham in the field to design this properly so as to not exact the trees negatively.
They will be utilizing the alley.
And they will have ingress for he had so I than so it functions properly.
They did note on the plan on page 2 I had an inconsistent finding for the signage.
They did note they were going to meet that section of the code that. Does limit the signage to four feet, 4-foot high monument sign compatible with the structure.
They did clear up the square footage of the building which is note 3 and transportation has removed its objections.
So staff has no objections.
Thank you.
>>LINDA SAUL-SENA: Thank you.
>>TONY GARCIA: Planning Commission staff.
I will show you the aerial.
Recently, we had -- Willow was -- recently you all had, and I think it's going to come back to you, the rezoning, on Cleveland as an office.
You will be getting that back shortly.
There was also development, I think, right over here.
Is that Delaware?
So you haven't seen that yet.
So basically, you have done this project recently.
This is coming N.basically what I am trying to say, you all realize there has been a trend in this area between Cleveland, and Kennedy, with low density office development.
This is basically consistent with what's been going on in this area for the past five years.
As Ms. Coyle has stated applicant has been very accommodating to staff with our initial concerns regarding the trees, they have reoriented the building, reoriented their parking, ingress, egress into the site and also where their retention would go.
So we think they have been very accommodating in that respect.
They will be using turf block pavers for the area for reduced run-off and hopefully to some degree will be protecting existing trees on-site.
Planning Commission staff has no objections to the proposed request.
I'll show you the future land use map real quick.
In this area, you can see UME 16, and of course residential 35 prey dominantly in this area.
And it is within 250 feet.
>> Petitioner, briefly.
>>JOHN LaROCCA: Murphy LaRocca consulting, agent for the petitioner.
This particular project without going into the details, what created the conflict obviously were the grand trees, two on-site and one immediately adjacent to the south.
Again, in the diligence and tenacity of the staff, and demanding very specific criteria, and working very closely with the conflicts between transportation standards and obviously tree protection, we tried to -- and you can see by the notes, provided you on a separate sheet so they are legible although they are on a large scale plan, we have attempted to word this every which way that will allow the staff to work out in final design what is the best design to protect the trees.
Beverly Birkitt, while she is not the sole owner, it's in a family trust.
If you don't know Birkitt environmental tree protection, it's obviously extremely important to them.
They want the ability through that trust to be able to make appropriate current modern use of the property for potential office expansion, and the building design is such that it can be adjusted in final design, and we have attempted to address all the conditions that way.
Melanie Higgins, although I'm an sergeant for the owner, Melanie is an owner's representative, also.
And obviously her interest in how the site ultimately gets designed, and permitted, is extremely important to how they conduct themselves and their work.
Therefore, I respectfully ask that you consider this in the positive.
And I'll be glad to answer any questions.
>>LINDA SAUL-SENA: Anyone in the audience want to comment upon this?
>>MARY ALVAREZ: Move to close.
>> Second.
(Motion carried)
>>LINDA SAUL-SENA: Do you have a copy, Mrs. Alvarez?
>> Move an ordinance rezoning property in the general vicinity of 112 south Edison Avenue in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications RM-24 residential multifamily to PD, business professional office, providing an effective date.
>>LINDA SAUL-SENA: It's a motion and second.
I have to say that the existing -- the existing office is very charming.
I'm sure that this new one is going to be similarly charming and we will probably use this as a model for tree protection.
Thank you for being so careful in your approach.
All those in favor say Aye.
Opposed, Nay.
Passed unanimously.
Motion and second to receive and file all documents.
(Motion carried)
Thank you.
>>CATHERINE COYLE: If I may really quick.
I would like to officially introduce you, this is Marty Boyle, a new planner our office, is going to be taking over the second meeting in the month.
We also have Heather which most of you met in person.
>>LINDA SAUL-SENA: Welcome.
>>MORRIS MASSEY: One item carried over from this morning rescheduling the hearings on the budget, I think. The administration would like that to be carried over until next Thursday so that they can better adjust schedules.
>>LINDA SAUL-SENA: Do we need to put that on the schedule to discuss?
>>MORRIS MASSEY: That was a motion to continue that item to the morning session.
>>JOHN DINGFELDER: We put it over to tonight.
So move to carry it over to next week.
(Motion carried)
>>LINDA SAUL-SENA: Good night.
Council is adjourned.
(Tampa City Council meeting adjourned.)