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Tampa City Council

Thursday, January 12, 2006

5:30 p.m. session


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17:45:14

17:45:14

17:48:20 [Sounding gavel]

17:48:21 >>GWEN MILLER: Tampa City Council is called to order.

17:48:22 The chair will yield to Linda.

17:48:24 >>LINDA SAUL-SENA: Saul-Sena it is my extreme pleasure

17:48:26 tonight to introduce an old friend and colleague,

17:48:28 Scott Paine, who will lead us in the invocation.

17:48:33 Scott, today, Moses Knott referred to, there's a white

17:48:39 guy that used to vote against liquor zoning.




17:48:42 So I thought it was sort of fun that you would be here

17:48:44 tonight after your name was invoked. Anyway, Scott

17:48:48 Paine served on City Council for a number of years,

17:48:50 and he has subsequently become a faculty member at the

17:48:53 University of Tampa.

17:48:55 He is a leader in his religious community.

17:48:56 He's adopted a number of adorable children.

17:48:58 And he's a wonderful mentor of our community.

17:49:00 So thank you for joining us this evening.

17:49:06 I would ask you to stand and follow his invocation

17:49:08 with the pledge of allegiance.

17:49:12 >>> Scott Paine: I realize you have already had a

17:49:15 very long day and you are not done.

17:49:16 So let me invite you to do what we really do when we

17:49:19 do an invocation, to take a moment in silence, to turn

17:49:23 inside yourself and to invoke the name that you would

17:49:28 call upon for the blessings you will need to get

17:49:31 through this evening.

17:49:33 And after a moment of silence I'll bring that

17:49:36 invocation to a close.

17:49:40 (Moment of silence)

17:49:42 Loving God, by all the names of which we call upon you




17:49:49 in the silents of our hearts we ask you to bless this

17:49:52 assembly, this council, and those in attendance upon

17:49:55 it.

17:49:56 We pray that you will inspire all here for the spirit

17:50:01 of peace, a desire for justice and mercy.

17:50:04 Grant to the council the wisdom to see the best path

17:50:09 in each decision that comes before them, that they may

17:50:12 serve this community as the most driven desire.

17:50:17 In all those names we pray.

17:50:19 Amen.

17:50:20 (Pledge of Allegiance).

17:50:35 >>ROSE FERLITA: Dr. Paine?

17:50:40 Just one minute, Gwen.

17:50:42 I know that Scott is tired of hearing this but it's

17:50:44 too bad.

17:50:45 You're going to hear it as many times as I have the

17:50:47 opportunity to say it.

17:50:48 Just yesterday, I got interviewed by the Tribune

17:50:50 reporter, about my ongoing county commission race.

17:50:58 And I told them again as I have told many people, I

17:51:01 said, my problem in terms of campaigns is that I was

17:51:05 very, very spoiled.




17:51:06 In 1999 when I went into this arena, I ran against the

17:51:12 gentleman of gentlemen.

17:51:14 I said, I don't understand anything else but being

17:51:16 true to yourself and being an incredible individual.

17:51:19 I love you with all my heart.

17:51:21 I respect you more than I can tell you.

17:51:23 And as I go further with political agendas, I just

17:51:28 appreciate having known you and having run against you

17:51:32 in it 1999, because you're just a stoic person, Scott,

17:51:37 and I hope you know that.

17:51:38 I certainly know that.

17:51:39 Thank you.

17:51:40 >>GWEN MILLER: Roll call.

17:51:47 >>JOHN DINGFELDER: Here.

17:51:50 >>MARY ALVAREZ: Here.

17:51:52 >>ROSE FERLITA: Here.

17:51:53 >>KEVIN WHITE: Here.

17:51:54 >>GWEN MILLER: Here.

17:51:57 We need to open item number 1.

17:52:02 >>KEVIN WHITE: Move to open.

17:52:04 >> Second.

17:52:04 (Motion carried).




17:52:05 >>DENNIS FERNANDEZ: I would request we open items

17:52:10 number 1 and 2.

17:52:11 >>GWEN MILLER: Motion to open number 1 and 2.

17:52:14 >> So moved.

17:52:14 >> Second.

17:52:14 >>GWEN MILLER: Motion and second.

17:52:15 (Motion carried).

17:52:17 >>DENNIS FERNANDEZ: The clerk has received a request

17:52:19 for a two-week continuance on items number 1 and 2.

17:52:22 I do believe that the agent for the own worry like to

17:52:26 comment on that.

17:52:27 >>JIM SHIMBERG: Holland and Knight representing

17:52:35 property owner.

17:52:41 We are looking for an alternative to those

17:52:44 designations and working with the city and would ask

17:52:47 for possibly a four week continuance, so I wouldn't

17:52:50 have to come back in two weeks and ask you for more

17:52:52 time.

17:52:52 >>ROSE FERLITA: Four weeks is what you want?

17:52:57 >>GWEN MILLER: What is four weeks?

17:52:59 >>ROSE FERLITA: So moved.

17:53:00 Let's look at the date.




17:53:02 >>CHAIRMAN: We are getting the dates.

17:53:09 >>DENNIS FERNANDEZ: Scott has no objection.

17:53:11 >>THE CLERK: Four weeks would be the meeting of

17:53:13 February 16th.

17:53:14 >>GWEN MILLER: February 16th.

17:53:18 5:00?

17:53:20 >>THE CLERK: I'm sorry, no. It would be February

17:53:22 23rd.

17:53:22 >>GWEN MILLER: At 5:30?

17:53:26 >> So moved.

17:53:28 >>KEVIN WHITE: Second.

17:53:28 (Motion carried).

17:53:30 >>MARTIN SHELBY: Is that for both, one and two?

17:53:33 >>GWEN MILLER: Yes.

17:53:34 Item number 3.

17:53:34 >>DENNIS FERNANDEZ: Manager for historic preservation.

17:53:38 Item number 3 is the first public hearing for the

17:53:41 landmark designation of the Kress building.

17:53:46 I have a brief photo essay on that.

17:53:49 The H and S Kress building is located at 811 North

17:53:53 Franklin Street, also fronts 812 north Franklin

17:54:03 Avenue.




17:54:03 >>MARTIN SHELBY: I'm sorry to interrupt.

17:54:06 Madam Chair, I believe this is advertised as a

17:54:09 quasi-judicial proceeding.

17:54:13 I would just ask that the witnesses be sworn who are

17:54:13 going to testify to this.

17:54:13 >>GWEN MILLER: Is there anyone in the public going to

17:54:15 speak on item number 3?

17:54:17 Would you please stand and raise your right hand?

17:54:18 (Oath administered by Clerk).

17:54:26 >>MARTIN SHELBY: Also, Madam Chair, any written

17:54:29 material that has been available if there is any, I

17:54:34 would ask they be received and filed at this time.

17:54:36 I don't know that there is.

17:54:37 >>GWEN MILLER: I don't know that there is any.

17:54:41 >>MARTIN SHELBY: Not seeing any response, if any City

17:54:44 Council members has been in contact with the

17:54:47 petitioner, I would ask them -- ex parte, would you

17:54:52 please disclose that prior to your vote?

17:54:55 >>GWEN MILLER: Thank you.

17:54:55 You may go ahead now.

17:54:56 >>DENNIS FERNANDEZ: Once again the S.H. Kress building

17:55:01 at 811 North Franklin Street also fronts 810 North




17:55:04 Florida Avenue.

17:55:06 The subject property is located between Cass Street

17:55:11 and Polk street and bordering the two streets I just

17:55:14 mentioned.

17:55:15 You can see it outlined in the white box.

17:55:18 In 1896 Samuel H. Kress began building his company of

17:55:23 five and dime stores by providing consumers with

17:55:25 quality merchandise at the lowest possible price.

17:55:28 He was very successful, opened many stores in the

17:55:31 south and on the eastern coast, and he currently has a

17:55:34 foundation dedicated to preservation of fine arts,

17:55:39 especially European Renaissance art.

17:55:44 He opened at 1103 North Franklin Street.

17:55:49 You can see the building in the photo. He later moved

17:55:54 a little further south of Franklin Street in 1908 to a

17:55:57 two-story building.

17:55:59 You can see it's located in the middle of the photo.

17:56:02 This particular store was occupied by the Kress retail

17:56:08 store till 1928 when the building was demolished.

17:56:12 And a new inform-story building was built which

17:56:19 fronted Florida Avenues and Franklin Street and that's

17:56:21 the building that we are discussing this evening.




17:56:23 There's a four-story building with a basement, a

17:56:26 56,000 square foot building. The new building was

17:56:29 designed in the bell arts style with an abundance of

17:56:32 decorative details, BEAUX arts style, with colossal

17:56:40 plasters and heavily applied orientation.

17:56:42 The Kress merchants were able to thrive by providing

17:56:48 local consumers with an urban retail experience much

17:56:50 like that of larger cities.

17:56:54 The Kress successfully operated until 1980 when the

17:56:58 parent company began to close the stores, and the

17:57:00 building has been essentially vacant since 1980.

17:57:03 It was listed on the national register of historic

17:57:06 places in 1983.

17:57:10 And locally, this property does meet the criteria for

17:57:13 landmark designation under its contribution to

17:57:17 commerce and trade and being an essential mercantile

17:57:21 outlet on the Franklin Street corridor for much of the

17:57:24 20th century.

17:57:25 And under the extravagant architecture which I just

17:57:29 referred to.

17:57:29 The Historic Preservation Commission is recommending

17:57:33 landmark designation as an addition to our downtown




17:57:36 properties.

17:57:41 Thank you.

17:57:41 >>GWEN MILLER: Planning Commission?

17:57:47 >>MICHELE OGILVIE: Planning Commission staff.

17:57:48 The Planning Commission reviewed this request on

17:57:52 November 14th and found to the be consistent with

17:57:53 the comprehensive -- Tampa comprehensive plan, and in

17:57:58 particular goal 2 of the Tampa comprehensive plan,

17:58:02 historic resources, which is directing the recognition

17:58:06 of Tampa's historic architectural and archaeological

17:58:10 resources in order to promote an appreciation of our

17:58:13 heritage.

17:58:14 I'm available for any questions.

17:58:15 >>GWEN MILLER: Petitioner?

17:58:16 >>JIM SHIMBERG: Holland and Knight representing

17:58:21 petitioner.

17:58:21 As many council members know our client is looking

17:58:27 forward to restoring this building and incorporating

17:58:29 it into a residential building on that block.

17:58:33 >>GWEN MILLER: Would anyone in the public like to

17:58:37 speak on item number 3?

17:58:38 >> Move to close.




17:58:39 >> Second.

17:58:39 (Motion carried).

17:58:40 >>MARY ALVAREZ: It gives me great pleasure to move an

17:58:47 ordinance of the city of Tampa, Florida designating a

17:58:50 property known as the S.H. Kress building, 810 North

17:58:53 Florida Avenue, AKA 811 North Franklin Street, Tampa,

17:58:56 Florida, as more particularly described in section 3

17:59:00 hereof as a local landmark, providing for repeal of

17:59:02 all ordinances in conflict, providing for

17:59:04 severability, providing an effective date.

17:59:06 >>GWEN MILLER: I have a motion and second.

17:59:08 (Motion carried).

17:59:11 >>MARY ALVAREZ: I just want to say that this building

17:59:14 brings back many, many memories of my childhood, as it

17:59:18 does for a lot of us that were born and raised in

17:59:21 Tampa.

17:59:22 It's something that needs to be preserved.

17:59:24 And I'm glad that you are going to help preserve it to

17:59:28 its fullest extent.

17:59:30 Thank you very much.

17:59:30 >>GWEN MILLER: We will go into recess until 6:00.

18:19:11 [Sounding gavel]




18:19:12 >>GWEN MILLER: Tampa City Council is called back to

18:19:13 order.

18:19:14 Roll call.

18:19:15 >>JOHN DINGFELDER: Here.

18:19:16 >>LINDA SAUL-SENA: Here.

18:19:18 >>MARY ALVAREZ: Here.

18:19:19 >>ROSE FERLITA: Here.

18:19:21 >>GWEN MILLER: Here.

18:19:21 >>GWEN MILLER: Heather Lamboy, would you come up,

18:19:29 please?

18:19:30 What are we going to delete?

18:19:34 >>HEATHER LAMBOY: She says with such hope.

18:19:34 (Laughter).

18:19:38 Heather Lamboy, land development.

18:19:40 Item number 4 cannot be heard because an affidavit was

18:19:43 not filed.

18:19:43 So, therefore, I would like to request that council

18:19:48 grant the petitioner the option to file the amendment.

18:19:50 >>GWEN MILLER: Need a motion.

18:19:55 >>JOHN DINGFELDER: Second.

18:19:56 >>GWEN MILLER: Need a motion first.

18:19:57 >> So moved.




18:20:00 (Motion carried).

18:20:01 >>HEATHER LAMBOY: Item 7, Z 05-120, the petitioner has

18:20:07 requested that this petition be withdrawn.

18:20:09 >>MARY ALVAREZ: So moved.

18:20:11 >> Second.

18:20:11 (Motion carried)

18:20:22 Item number 17, there is a request for file Z05-117

18:20:31 for continuance to March.

18:20:34 March 9th.

18:20:35 >>CHAIRMAN: 9th.

18:20:42 >> Is there anyone in the audience?

18:20:44 >>GWEN MILLER: Anyone on item 17?

18:20:45 You may come up and speak on the continuance.

18:20:47 >>MARY ALVAREZ: Only on the continuance.

18:20:51 >>MARTIN SHELBY: Is the petitioner here?

18:20:53 >>GWEN MILLER: It's going to be continued.

18:20:55 That's the only thing you can speak on, is the

18:20:58 continuance.

18:21:01 >>LINDA SAUL-SENA: I was going to say.

18:21:03 It's not an automatic deal.

18:21:07 We need to find the petitioner first.

18:21:13 >>MARTIN SHELBY: Is there anybody who has knowledge of




18:21:15 the petitioner?

18:21:16 >>ROSE FERLITA: Can you wait, sir?

18:21:19 I don't know what you're screaming about.

18:21:20 >>MORRIS MASSEY: I understand the petitioner's

18:21:23 representative from this case is Steve Michelini.

18:21:25 He had a conflict this evening.

18:21:26 He left a letter with Heather Lamboy so he's not

18:21:30 present this evening whites whites can we see the

18:21:33 letter?

18:21:33 >>GWEN MILLER: Put your name on the record.

18:21:35 >>> Tony KRUVAT.

18:21:38 I apologize, I wasn't close to the microphone.

18:21:41 >>MARTIN SHELBY: Your address for the record?

18:21:43 >>> I was here in December on this issue.

18:21:45 And I'm here tonight.

18:21:48 If it's continued, my only problem is, I have vacation

18:21:51 scheduled on the 18th of March.

18:21:53 >>GWEN MILLER: This is the 9th of March.

18:21:57 >>> 9th?

18:21:57 Well, I'll be here on the 9th.

18:21:59 >>LINDA SAUL-SENA: Can I ask a question?

18:22:05 >>GWEN MILLER: Sure.




18:22:06 >>LINDA SAUL-SENA: Did petitioner's representative

18:22:07 contact any of you all and let now that this was going

18:22:11 to be continued?

18:22:11 Because I believe he met with you last night.

18:22:14 >>> Obviously not.

18:22:15 We have a whole row of people.

18:22:16 >>JOHN DINGFELDER: Let me read the letter from Mr.

18:22:19 Michelini.

18:22:21 It's short. It's an e-mail.

18:22:23 Heather, the owners of the property located at 627

18:22:27 Lamor respectfully request the hearing be continued.

18:22:30 They require additional time for additional matters

18:22:33 related to the petition and the owner of the property

18:22:35 is unavailable.

18:22:37 Due to last travel requirements and will not return

18:22:40 for 30 days.

18:22:41 The owner wishes to be in attendance and requests a

18:22:45 continuance until March, ask that no testimony be

18:22:48 taken.

18:22:48 We respectfully request the item be continued till

18:22:51 March 2006.

18:22:52 We are also sending a copy of this e-mail to Davis




18:22:54 Island civic association.

18:22:55 This is dated January 11th at 6:21 p.m

18:23:04 Steve Michelini.

18:23:06 >>GWEN MILLER: That was yesterday.

18:23:07 >>LINDA SAUL-SENA: At 6:21.

18:23:11 >>JOHN DINGFELDER: Anybody from the civic association

18:23:13 here?

18:23:13 >>GWEN MILLER: You may come up and speak.

18:23:17 >>> Tonya Trice.

18:23:19 I'm not from the civic association but I am a

18:23:21 resident.

18:23:22 620 MARMORA.

18:23:28 There is a group of residents here.

18:23:29 We did get about 5:00 this afternoon an e-mail saying

18:23:32 it had been discontinued, but our concern is since we

18:23:35 were all at the council meeting, the Davis Island

18:23:38 civic association meeting the other evening, and

18:23:41 expressed adamant opposition to this proposal, that we

18:23:47 are concerned that this is going to continue to be

18:23:49 continued and continued until finally most of us can't

18:23:53 get there.

18:23:53 >>GWEN MILLER: It won't be continued again, we don't




18:23:57 do that.

18:23:58 >>> Well, this has been going on awhile.

18:24:00 So we want to make sure that the people who would like

18:24:03 to be heard will be heard.

18:24:04 >>GWEN MILLER: This is the first continuance?

18:24:07 >>LINDA SAUL-SENA: Second.

18:24:08 >>MARTIN SHELBY: Also, if I can, I don't have my

18:24:12 wireless microphone, just to bring to council's

18:24:14 attention section 397-395 subsection B because this

18:24:18 has come up in the past, the applicator his authorized

18:24:23 agent shall appear in support of his application at

18:24:25 the public hearing.

18:24:25 Failure to so appear shall be grounds for denial of

18:24:29 the application in the absence of good cause shown.

18:24:35 In the application using the flex procedure of land

18:24:38 use -- it doesn't apply.

18:24:39 But that is the applicable language in chapter 27.

18:24:45 >>LINDA SAUL-SENA: I'm very concerned about this and

18:24:48 I'll share my reasons.

18:24:49 I know that there was a meeting earlier this week with

18:24:53 Mr. Michelini and the people in the neighborhood.

18:24:56 It had been continued for a previous reason.




18:24:59 And if they couldn't come to some consensus, then I

18:25:04 think it would have been courteous to the neighborhood

18:25:06 who has shown up many strong -- I have gotany lot of

18:25:09 e-mails on this -- to say we can't reach consensus and

18:25:12 ask for a continuance.

18:25:13 I think that -- what I'd like to do is move for denial

18:25:18 based on the lack of respect shown to the neighbors on

18:25:21 this.

18:25:24 When it's the time -- well, now, I guess.

18:25:26 >>ROSE FERLITA: Second what you said because I agree.

18:25:30 This is an issue that's a problem to them.

18:25:32 The petitioner is not here.

18:25:33 The petitioner's representative is not here.

18:25:35 The neighborhood obviously has some issues.

18:25:37 Let's deny it and go forward.

18:25:38 I'm supporting your motion.

18:25:39 >>GWEN MILLER: Mr. Harrison?

18:25:42 >>SHAWN HARRISON: I wouldn't make the motion based on

18:25:43 the lack of respect shown to the neighborhood.

18:25:45 I would make it more specific like based on the fact

18:25:49 the petitioner isn't here to move forward.

18:25:50 Just to be safe.




18:25:51 >>LINDA SAUL-SENA: That's a good point.

18:25:54 >>SHAWN HARRISON: My question is, Heather, he says in

18:25:57 his e-mail that there are technical matters still left

18:25:59 to be unresolved.

18:26:00 Can you share with us where the petition stands

18:26:03 tonight?

18:26:04 >>HEATHER LAMBOY: Well, as you know, the petitioner

18:26:07 was trying to research a lot of the lot sizes in that

18:26:11 particular neighborhood.

18:26:13 As you may know, land development was spread out so we

18:26:16 were not able to provide some of the technological

18:26:21 maps from the GIS system.

18:26:23 So I have provided to petitioner, however, the

18:26:26 original plat that illustrated the lot sizes as they

18:26:30 were originally platted and suggested to that person

18:26:32 to look at the legal descriptions and interpolate from

18:26:37 that point to figure out how large the lot sizes were

18:26:40 in the neighborhood.

18:26:41 They wanted to collect the chart that we provide to

18:26:43 you as analysis.

18:26:45 >>SHAWN HARRISON: Were you all going to object to

18:26:48 this?




18:26:49 Were there objections from city staff?

18:26:52 >>> The only objection from city staff was that the

18:26:54 lots that they proposed did not meet the -- they meet

18:26:57 the overall dimension requirement but the width of the

18:27:03 lot must be at least for 50% of the lot meet the width

18:27:11 for the requirement.

18:27:12 So it did not meet that.

18:27:13 And so there was one objection from staff.

18:27:18 >>MARY ALVAREZ: Heather, how long has this petition

18:27:20 been flying around?

18:27:22 Since September?

18:27:26 >>HEATHER LAMBOY: That's correct.

18:27:28 >> Now he's asking for the technical maps?

18:27:31 >>> That is correct.

18:27:31 >>MARY ALVAREZ: Okay.

18:27:34 Make your motion.

18:27:35 >>LINDA SAUL-SENA: Madam Chair, my motion is that we

18:27:45 deny this because the petitioner is not here, and the

18:27:48 staff has objections to the proposal.

18:27:53 It doesn't meet the standard size.

18:27:55 >>JOHN DINGFELDER: I would like to comment on the

18:27:58 motion.




18:27:59 I'm going to support the motion.

18:28:00 I think that it's really in bad faith that nobody even

18:28:04 bothered showing up.

18:28:05 It appears on our petition there's four owners of this

18:28:08 property, perhaps one of them had to be out of town,

18:28:11 one of the other three could have been here.

18:28:14 Just to help us figure it all out.

18:28:18 So I believe our code allows us to do this.

18:28:21 Now, I do want to tell --

18:28:24 >>GWEN MILLER: As soon as you finish your statement I

18:28:25 am going to call the gentleman.

18:28:27 >>JOHN DINGFELDER: I do want to mention to the folks

18:28:29 on Davis Island who were here tonight that in our

18:28:31 rules, the petitioner can come back next Thursday

18:28:34 morning and ask for reconsideration of any decision we

18:28:38 make tonight.

18:28:38 And it's been the practice of people who have found

18:28:42 themselves in this situation to come back and ask us

18:28:44 for that.

18:28:45 So you might want to send a handful of people here

18:28:48 next Thursday morning just in case they make that

18:28:51 tactical move.




18:28:53 >>GWEN MILLER: Sir, you have your hand up.

18:28:55 Would you come up to the mike, please?

18:29:00 >>SHAWN HARRISON: We have to open this if we are going

18:29:02 to take action on it.

18:29:03 >>MARTIN SHELBY: Speak slowly to the motion -- sir,

18:29:08 just in generalities to anybody who wishes to speak,

18:29:11 this is to speak solely to whether you're in support

18:29:14 or in opposition to a continuance.

18:29:17 Please do not get into the merits of the case.

18:29:20 >>> My name is Dale Ashworth, 625 Marmora, adjacent to

18:29:27 the property.

18:29:28 I would like to be opposed to the continuance.

18:29:32 But I would also like to point out that the names on

18:29:36 the thing are Katz.

18:29:38 They do not own the property.

18:29:41 The property has been sold.

18:29:43 It has been sold to two other people who are realtors.

18:29:49 So I'm not sure how we can continue something and have

18:29:53 a hearing on rezoning when the people that are on the

18:30:01 petition don't own the property.

18:30:02 >>JOHN DINGFELDER: Well, it might be irrelevant in

18:30:09 case the motion passes and it will be done again.




18:30:14 >>> That would be my concern on that.

18:30:18 >>MORRIS MASSEY: And if it's council's desire not to

18:30:20 continue this tonight, one of the things -- Mr.

18:30:24 Michelini is the petitioner's representative.

18:30:27 We could contact.

18:30:28 It's later on in the agenda.

18:30:29 He might be able to appear in order that we could have

18:30:31 a public hearing on the petition tonight if that's

18:30:33 council's desire.

18:30:33 >>LINDA SAUL-SENA: We could have a public hearing

18:30:37 irregardless of whether the petitioner's

18:30:40 representative is here but he might want to be here.

18:30:41 >>MORRIS MASSEY: We are taking it out of order early

18:30:45 on the agenda.

18:30:46 It would not be appropriate --

18:30:47 >>GWEN MILLER: Can you contact him?

18:30:51 >>MORRIS MASSEY: Sure.

18:30:52 >>GWEN MILLER: We'll wait and contact him.

18:30:55 >>JOHN DINGFELDER: The only problem with that, Mr.

18:30:57 Massey, you are bending over backwards to get due

18:31:00 process. The problem is these folks are here.

18:31:02 Now they are going to have to sit here and wait for an




18:31:04 hour.

18:31:04 >>MORRIS MASSEY: It's number 17 on the agenda.

18:31:07 >>GWEN MILLER: They are way down on the agenda.

18:31:12 They were going to be sitting here anyway because it's

18:31:14 17.

18:31:15 >>JOHN DINGFELDER: It was set for 6:00.

18:31:17 That's what the hearing says.

18:31:19 He was here all afternoon.

18:31:20 And I think there's a motion and a second on the

18:31:22 floor.

18:31:22 >>LINDA SAUL-SENA: To deny continuation.

18:31:25 >>ROSE FERLITA: Madam Chair, that doesn't mean we

18:31:31 don't give him the option of getting here by number

18:31:33 17.

18:31:33 And I agree it's not our job to chase the petitioner

18:31:36 or petitioner's representative.

18:31:38 They are 17th on the list.

18:31:40 Let's see what happens.

18:31:41 If they are not here we can make a motion to deny.

18:31:45 >>> My name is Steve Trice.

18:31:47 My wife spoke a minute ago.

18:31:50 At 5:00 a lady named Janett Jason came by our house,




18:31:55 gave us a copy of this e-mail, and said that it was

18:31:58 going to be taken off the agenda for tonight.

18:32:00 She represented herself as the owner.

18:32:03 She's the president of a real estate firm.

18:32:06 And she represented herself as the owner.

18:32:08 And she was at our house at 5:00.

18:32:11 I don't know why she can't be here tonight, but we're

18:32:13 here.

18:32:14 So I feel that there's some inconsistencies in what is

18:32:18 being proposed from the owners of this property,

18:32:22 including the fact that the names on the petition,

18:32:26 they are no longer the owners of the property.

18:32:28 So I would like for the council to take that into

18:32:31 consideration as well.

18:32:32 >>GWEN MILLER: It will.

18:32:32 Thank you.

18:32:39 >>GWEN MILLER: What's the pleasure of council?

18:32:42 >>SHAWN HARRISON: I think that they clearly heard we

18:32:45 are not going to continue this.

18:32:47 It is unfortunately the 17th item on the agenda.

18:32:49 Hopefully if we get some clarification from Mr.

18:32:50 Michelini as to whether he can be here, by the time he




18:32:53 gets here, we can move you up at that point.

18:32:56 But I do think that, in all fairness to the

18:32:59 petitioner, we ought to at least wait until item

18:33:01 number 17 comes up on the agenda.

18:33:03 >>LINDA SAUL-SENA: And --

18:33:07 >>JOHN DINGFELDER: I would agree with that.

18:33:08 >>LINDA SAUL-SENA: The other thing I would clarify

18:33:11 through the attorney is, does it make a difference if

18:33:15 the name on the petition before us is changed?

18:33:18 The petitioner's name?

18:33:21 >>MORRIS MASSEY: The owner of the property needs to

18:33:23 consent to the rezoning, and we need to make sure that

18:33:26 that is appropriately done in the application.

18:33:27 And so I will take a look at the application while we

18:33:31 are hearing the others to make sure it's in proper

18:33:34 order for you all.

18:33:36 >>JOHN DINGFELDER: Is it relevant if there's been a

18:33:38 transfer in the interim?

18:33:40 >>MORRIS MASSEY: It is relevant if there has been a

18:33:42 transfer and we don't have a consent by the owner

18:33:46 consenting to the rezoning.

18:33:47 >>HEATHER LAMBOY: I'll check the file but the Katzes




18:33:53 are the previous owners.

18:33:54 They signed an affidavit form.

18:33:55 I need to double check to make sure that the Jasons

18:33:58 did as well.

18:33:58 >>GWEN MILLER: Are we going to hold it until that

18:34:03 time?

18:34:03 We'll move on to item number 5.

18:34:05 It's a continue public hearing.

18:34:06 >>KEVIN WHITE: I wanted to ask Mr. Shelby.

18:34:11 >>GWEN MILLER: Mr. Shelby, we got a question for you.

18:34:17 We got a question for you.

18:34:19 Mr. White has a question.

18:34:21 >>KEVIN WHITE: Let Ms. Lamboy speak and then I have a

18:34:26 question.

18:34:26 >>HEATHER LAMBOY: Something scheduled for next week,

18:34:30 the garrison sea channel case.

18:34:35 The DRI was misnoticed, and unfortunately we can't

18:34:41 cannot hear this particular case the next time because

18:34:44 we need to hear the DRI together, the rezoning case.

18:34:50 So petitioner is requesting to move to the March

18:34:52 23rd.

18:34:55 Oh, February 23rd, I'm sorry.




18:34:56 February 23rd to put them together.

18:35:00 >> So moved.

18:35:00 >> Second.

18:35:00 >>GWEN MILLER: Motion and second.

18:35:01 (Motion carried).

18:35:03 >>HEATHER LAMBOY: One other thing I would like to make

18:35:04 council aware, I didn't get the chance, this would

18:35:08 involve adding an additional item to your agenda over

18:35:12 the required amount, and council has to waive its

18:35:16 rules.

18:35:16 >>JOHN DINGFELDER: So moved.

18:35:18 >> Second.

18:35:18 (Motion carried).

18:35:19 >>MARY ALVAREZ: Did you notice we had 18 items on this

18:35:26 agenda?

18:35:27 >>MORRIS MASSEY: Because there's a DRI involved in

18:35:30 this I am passing out a resolution that council needs

18:35:32 to pass setting the public hearing on the DRI for

18:35:35 February 23rd at 6 p.m.

18:35:36 That's what's being passed out to you all right now.

18:35:38 The clerk has it if you all would pass a resolution.

18:35:41 >>JOHN DINGFELDER: Move the resolution.




18:35:44 >>MARY ALVAREZ: Second.

18:35:45 (Motion carried).

18:35:45 >>KEVIN WHITE: Madam Chair.

18:35:52 Mr. Shelby, I have a question for you.

18:35:57 One of our council members that wasn't available

18:35:59 earlier.

18:35:59 Is there any way that we can reconsider the vote we

18:36:02 took earlier to be able to give the opportunity for a

18:36:04 full council to show their support on a previous

18:36:07 motion that we took up in closed session earlier,

18:36:12 without getting into the merits of the case?

18:36:13 I think to show the full support of the council.

18:36:19 >>MARTIN SHELBY: Are you saying you would request a

18:36:21 revote on a particular item?

18:36:23 >>KEVIN WHITE: If that's appropriate or possible, yes.

18:36:26 >>MARTIN SHELBY: If you wish to have a revote you can

18:36:28 make a motion to reconsider.

18:36:29 >>KEVIN WHITE: Just out of courtesy.

18:36:33 >>MARTIN SHELBY: Could you make a motion to be more

18:36:35 specific?

18:36:36 >>KEVIN WHITE: If I can make a motion to reconsider

18:36:38 the vote that we took earlier and revote on it so we




18:36:40 can have a full council present at the vote.

18:36:45 >>MARTIN SHELBY: Direction to the city attorney

18:36:51 relative to litigation pending, relating to the matter

18:36:54 that was in closed session.

18:36:55 >>GWEN MILLER: We have a motion and second.

18:36:59 All in favor.

18:37:00 >>SHAWN HARRISON: I want to make sure that's not going

18:37:02 to jeopardize anything that we did earlier.

18:37:05 Because of the requirements that you come right back

18:37:07 into session and you vote right then, and, you know --

18:37:14 >>KEVIN WHITE: Go ahead.

18:37:14 >>MARTIN SHELBY: My understanding is that that would

18:37:17 not create any jeopardy to the litigation.

18:37:21 That's my understanding.

18:37:22 >>GWEN MILLER: More support if we had the full council

18:37:31 vote.

18:37:31 >>KEVIN WHITE: If I could give Mr. Harrison some

18:37:35 assurance that was the exact sentiment of our city

18:37:38 attorney Mr. Smith.

18:37:38 >>SHAWN HARRISON: As long as counsel says it's fine to

18:37:41 do.

18:37:42 >>MARTIN SHELBY: Is there a second to the motion?




18:37:45 >>MARY ALVAREZ: Second.

18:37:46 >>GWEN MILLER: All in favor?

18:37:48 [Motion Carried]

18:37:48 >>MARTIN SHELBY: The maker of the motion?

18:37:53 >>GWEN MILLER: It's Shawn.

18:37:54 >>SHAWN HARRISON: I move that we appeal the decision

18:37:56 of Judge Levens in this particular case.

18:37:59 >>MARY ALVAREZ: Second.

18:38:02 >>GWEN MILLER: I have a motion and second.

18:38:05 All in favor say Aye.

18:38:06 Opposed, Nay.

18:38:06 >>JOHN DINGFELDER: Nay.

18:38:08 No, just kidding.

18:38:09 (Laughter).

18:38:11 (Motion carried).

18:38:12 >>GWEN MILLER: Item number 5 is a continued public

18:38:14 hearing.

18:38:17 Heather?

18:38:33 >>JOHN DINGFELDER: I couldn't resist that one.

18:38:41 >>MARTIN SHELBY: Madam Chair, before we begin, I don't

18:38:44 want to delay this any longer but I would like to

18:38:47 smooth up the housekeeping matters tonight.




18:38:50 I see we have somewhat of a full house and a long

18:38:53 agenda.

18:38:53 I would like to do three items.

18:38:55 Number one --

18:39:01 (Cell phone rings).

18:39:03 >>GWEN MILLER: As soon as we get this phone off.

18:39:04 >>MARTIN SHELBY: Ski that all written communications

18:39:10 relative to today's hearings that have been available

18:39:11 to council's office be received and filed into the

18:39:16 record at this time.

18:39:17 A motion, please.

18:39:18 >>LINDA SAUL-SENA: So moved.

18:39:20 >> Second.

18:39:21 (Motion carried).

18:39:21 >>MARTIN SHELBY: Second item.

18:39:24 If any member of City Council has had any verbal

18:39:26 communications with any petitioner, his or her

18:39:29 representative or any members of the public in

18:39:30 connection with any petitions that will be heard

18:39:33 tonight, please, council members, that member should

18:39:35 disclose the identity of the person, group or entity

18:39:38 with whom the verbal communication occurred and the




18:39:40 substance of that communication.

18:39:42 And Madam Chair, I would ask at this time that this

18:39:47 being a quasi-judicial proceeding that the witnesses

18:39:50 be sworn.

18:39:51 >>GWEN MILLER: Anyone in the public that's going to

18:39:52 speak on items 5 through 18, please stand and raise

18:39:56 your right hand.

18:39:56 >>THE CLERK: Do you solemnly swear to tell the truth,

18:40:06 the whole truth and nothing but the truth?

18:40:10 >>MARTIN SHELBY: And I would like to address this to

18:40:12 members of the audience.

18:40:13 In an attempt to speed things along, I sometimes have

18:40:15 to interrupt and slow down the proceedings.

18:40:18 I am going to ask each of you to reaffirm when you

18:40:21 state your name and address that you have in fact been

18:40:23 sworn.

18:40:24 I had a placard up on the lecturn for some time

18:40:27 reminding you to do that.

18:40:28 Sometimes people don't.

18:40:30 So I just want to share with the audience a present

18:40:35 that I received for Christmas.

18:40:38 It is a hat which is embroidered the words: Have you




18:40:44 been sworn in?

18:40:45 Until we get a more high tech way to remind you I am

18:40:49 going to ask you to do that.

18:40:50 If for some reason you see me put this hat on or wave

18:40:54 a red hat, rather than interrupt the proceedings,

18:40:57 please humor me and remind yourself to state that you

18:41:01 have been sworn in.

18:41:03 I just want to share with you that I will go to any

18:41:07 lengths possible to make these meetings more

18:41:09 efficient.

18:41:10 And I am truly grateful for this gift.

18:41:12 Thank you.

18:41:12 >>ROSE FERLITA: Madam Chairman, I just had a question.

18:41:16 When we initially hired him, could you please remind

18:41:18 me of the vote?

18:41:19 Did I support him?

18:41:22 Did I?

18:41:23 >>GWEN MILLER: It was kind of questionable.

18:41:25 (Laughter).

18:41:30 >>MARTIN SHELBY: Please don't force me to embarrass

18:41:32 myself any more than I already have.

18:41:37 >>HEATHER LAMBOY: Land development.




18:41:46 The subject property is located at 115 east Broad

18:41:49 Street, which is to the east of Florida Avenue between

18:41:52 Florida, and to the north is the housing authority

18:42:00 developments.

18:42:02 Just to show you some pictures this is the subject

18:42:04 site.

18:42:10 The houses on this particular block, still in the

18:42:13 vernacular, Florida style architecture, with the

18:42:17 pitched roofs and the front porches.

18:42:21 This is the house to the east of the property.

18:42:24 And across the street, the housing authority followed

18:42:31 with more Florida style architecture.

18:42:35 These are the town homes.

18:42:36 This is the view straight across from the site.

18:42:39 And this is across Florida Avenue. The petitioner is

18:42:43 proposing a development of residential development

18:42:46 units on Broad Street. The site is located in the

18:42:48 Seminole Heights overlay and subject to design

18:42:52 standard.

18:42:52 Each unit will be 1,010 square feet.

18:42:55 Each will be provided with a carport in the rear.

18:42:59 Two vehicles will be accessed through the alley at the




18:43:01 rear of the subject property and guest parking has

18:43:03 been provided at the rear.

18:43:04 There was one objection from land development

18:43:07 regarding the tree table and minor corrections needed

18:43:11 to be made.

18:43:11 Petitioner has made corrections to those notes if

18:43:16 staff has no objections that. Concludes staff's

18:43:19 comments.

18:43:23 >>MICHELE OGILVIE: Planning Commission staff.

18:43:27 I have been sworn in.

18:43:29 The plan category for this site is residential 20, and

18:43:32 staff has reviewed the request based on the planned

18:43:36 category allowing unpermitted uses.

18:43:40 We have provided a staff report finding consistency

18:43:42 and support of policies in our site plan -- in our

18:43:46 staff report, and Planning Commission staff does not

18:43:49 object to the rezoning.

18:43:52 >>LINDA SAUL-SENA: Ms. Lamboy, I have a question.

18:43:55 I have a question for you.

18:43:57 I'm looking at our map here.

18:44:00 And it appears that to the east and to the west of the

18:44:04 subject site are single-family homes on the south side




18:44:07 of Broad Street.

18:44:08 Is that true?

18:44:09 >>HEATHER LAMBOY: That's correct.

18:44:10 >> So in other words you have a single-family house to

18:44:12 the right and three to the left and the proposal is to

18:44:15 put four units on this lot, which is 50 by 100?

18:44:19 >>> That is correct.

18:44:19 >> And your recommendation was approval?

18:44:22 >>> Yes, that's right, because of the multifamily

18:44:24 housing that is immediately adjacent to the property

18:44:26 and down the street.

18:44:27 Staff did not have concern regarding the

18:44:29 redevelopment.

18:44:30 >> But everything else to the south side of broad on

18:44:34 this block is single family?

18:44:37 >>> On this individual block.

18:44:38 Now the entire streetscape taken in context is a

18:44:41 mixture.

18:44:44 >> Thank you.

18:44:44 >>GWEN MILLER: Petitioner?

18:44:52 >>> My name is Joseph KOROLSKY, 7804 U.S. highway 41

18:44:59 south in Riverview, Florida.




18:45:01 And I have been sworn in.

18:45:02 And I'm representing owners of the property.

18:45:04 I really don't have much to add to what Heather added.

18:45:08 Unless you have questions, I'm here to respond to

18:45:10 those.

18:45:10 >>MARY ALVAREZ: I was just wondering if you had any

18:45:14 pictures of the surrounding area.

18:45:17 >>> Not with me.

18:45:18 No, I don't.

18:45:19 But Heather showed some pictures of the surrounding

18:45:21 area.

18:45:24 Alvarez.

18:45:26 >>MARY ALVAREZ: Mrs. Saul-Sena brought autopsy good

18:45:28 point about multi-story units in a single-family area

18:45:33 there.

18:45:40 >>JOHN DINGFELDER: What are we looking at as related

18:45:50 to the property in question?

18:45:52 >>> I think that's next door.

18:45:54 >>LINDA SAUL-SENA: That's next door.

18:45:56 >>MARY ALVAREZ: Any others?

18:46:11 >>MARTIN SHELBY: Would council like it to come up on

18:46:13 the screens?




18:46:15 If the screens would come up for council, please.

18:46:18 Thank you.

18:46:20 >>MARY ALVAREZ: That's better.

18:46:21 >>JOHN DINGFELDER: Are there photographs of the

18:46:23 multifamily, Ms. Lamboy?

18:46:31 >>> Melanie Calloway, transportation.

18:46:33 I have an aerial but it doesn't show when this aerial

18:46:36 was taken. The redevelopment from the Riverview

18:46:38 project was not done at this time but it is directly

18:46:48 across.

18:46:51 This is the property right here.

18:46:52 It's kind of hard to see.

18:46:54 There is single-family home here.

18:46:56 There's branch Avenue.

18:46:57 And this is a part of the redevelopment as well as

18:46:59 here.

18:47:01 This is a single-family.

18:47:07 >>> It's more commercial.

18:47:17 >>LINDA SAUL-SENA: Along Broad Street, we have got

18:47:21 multifamily across the street to the north.

18:47:23 But it's my understanding that the parking for that is

18:47:26 behind it.




18:47:27 So if you look at Broad Street, we see facades of

18:47:30 houses, whereas I believe the site plan that we

18:47:33 received from the petitioner shows basically two

18:47:37 carports in front and two carports in back.

18:47:40 They aren't garages, they're carports.

18:47:42 So you are basically going to have stacked parking.

18:47:45 The carport, it appears, is 12 by 20.

18:47:48 So you're going to have one car in there, one car

18:47:51 sticking out in both of those and then two cars in the

18:47:56 back which isn't the same pattern that you have across

18:47:59 the street where the parking is behind the structures.

18:48:01 Is that correct?

18:48:06 >>HEATHER LAMBOY: I had called the planned development

18:48:07 for the particular -- let me just show you the first

18:48:12 portion of the streetscape is commercial intensive.

18:48:16 Then there is RS-50 which involves about four houses.

18:48:21 And then the town homes, they are designed to be on

18:48:28 street.

18:48:28 However, there is parking in front of the property

18:48:31 manager for the housing authority, and there's parking

18:48:35 just immediately adjacent to the street right across

18:48:38 the street, the picture that I had shown you.




18:48:46 And I just felt like the streetscape had been quite

18:48:50 compromised already.

18:48:51 So I know that it involves four houses, and maybe

18:48:55 that's you as a big impact but to me it was not a big

18:48:59 impact.

18:49:02 >>GWEN MILLER: Questions by council members?

18:49:04 Is there anyone in the public that would like to speak

18:49:06 on item number 5?

18:49:14 >>> Bill Duval, 5408 branch Avenue.

18:49:18 I'm here speaking on behalf of the Old Seminole

18:49:20 Heights neighborhood association of which I'm the land

18:49:25 use chair.

18:49:27 And I should appropriately start with an apology to

18:49:38 Tony Garcia.

18:49:39 He'll kill me.

18:49:40 I know he's not here.

18:49:41 He did -- the last time this was heard, he said that

18:49:45 we had no objection.

18:49:46 Unfortunately, we didn't communicate as well as we

18:49:49 should have.

18:49:50 We have no objection to townhouses.

18:49:51 We did have objection to the proposal.




18:49:55 So that's a public apology.

18:49:57 I've already done it publicly to him.

18:49:59 I have been sworn.

18:50:01 I can't believe I didn't say that.

18:50:05 I need more experience.

18:50:10 Ms. Saul-Sena, I couldn't say it any better.

18:50:13 You have taken half of my thunder that. Street is

18:50:15 single-family.

18:50:16 And I don't know if my pictures are any different.

18:50:19 I know they're dark.

18:50:22 So if they don't show -- okay.

18:50:24 That's good enough.

18:50:26 That's to the east -- to the west.

18:50:37 That's to the east.

18:50:41 Forgot the car.

18:50:42 That's to the east.

18:50:43 And this is the proposed lot at 55-100.

18:50:53 We are opposed to the four.

18:50:56 We understand that three is allowed.

18:50:58 The first house looks like a single-family house from

18:51:00 the street, and the second house stacks behind it to

18:51:04 the alley, and thus it maintains the single-family




18:51:08 character of that block.

18:51:10 And those houses are barely a thousand square feet.

18:51:13 And if you can imagine now, four units, two cars per

18:51:17 unit, you now have eight units on a 50 by 100 lot.

18:51:24 It's just massive, and, you know, I can't have enough

18:51:29 descriptive words to say.

18:51:30 It's not going to change on that block.

18:51:33 And I might add one more thing.

18:51:38 I have not seen the site plan, the elevation.

18:51:40 We attempted to meet with the petitioner.

18:51:43 And within the first five minutes he said if we did

18:51:45 not approve the petition, they would build the ugliest

18:51:49 building we've ever seen.

18:51:50 At that point, I got up, and I left.

18:51:53 So I didn't see the elevations or the site plan as a

18:51:58 result of that meeting.

18:52:00 Thank you.

18:52:01 >>MARY ALVAREZ: Mr. Duval, can you tell us whether

18:52:06 there are any other multifamily units in this area --

18:52:12 I mean, in the surrounding area?

18:52:14 >>> The short answer would be no.

18:52:16 Obviously, the oaks of Riverview, most of you have




18:52:20 seen, wonderful development.

18:52:24 >> In that block.

18:52:25 >>> There was none in that block.

18:52:26 All of them, there's perhaps five houses.

18:52:30 All of them show ownership except maybe one and even

18:52:35 the commercial property on the corner, it faces

18:52:37 Florida as well, is well kept.

18:52:41 So it's been portrayed to us as crack houses.

18:52:45 These are not crack houses.

18:52:46 People live in these houses.

18:52:48 They are modest.

18:52:48 And they are going to be overshadowed by four, and

18:52:56 legally even three.

18:52:57 It's bad enough three.

18:52:58 But, you know, we can't oppose three if that's legal I

18:53:04 think it's RM-16.

18:53:07 >> In your opinion do you think this would trend --

18:53:13 >>> Start a trend?

18:53:16 >> Yes.

18:53:16 >>> Well, if I were a property owner, I would probably

18:53:18 enjoy an inflated -- frankly, from a streetscape point

18:53:26 of view, and it doesn't look anything like like the




18:53:29 townhouses proposed by the oaks at Riverview.

18:53:33 I'm not an architect.

18:53:35 >> Thank you.

18:53:35 >>> I don't know that we don't want to get down the

18:53:39 street three, three, three town homes.

18:53:42 >>GWEN MILLER: Ms. Saul-Sena?

18:53:45 Would anyone else like to speak?

18:53:47 Petitioner, do you want to come up in rebuttal?

18:53:56 >>> I don't know where to start on rebuttal.

18:53:59 The area is definitely in transition on that street

18:54:02 there.

18:54:02 And we were going to meet all of the requirements of

18:54:04 the Seminole overlay district, so even though it's a

18:54:07 quad unit, it's going to still look like a

18:54:09 single-family home with the parking in front.

18:54:14 And the other access to the rear in the alley.

18:54:17 So I think we meet the requirements of what the

18:54:21 Seminole Heights group wants.

18:54:23 And I was unaware of any meeting that they had with

18:54:26 the owner.

18:54:29 >>GWEN MILLER: Any other questions from council

18:54:33 members?




18:54:34 Motion to close the public hearing.

18:54:36 >> So moved.

18:54:36 >> Second.

18:54:37 (Motion carried).

18:54:37 >>GWEN MILLER: What's the pleasure of council?

18:54:40 >>LINDA SAUL-SENA: Madam Chairman, I'd like to move

18:54:42 for denial based on the lack of compatibility with the

18:54:46 surrounding uses, and the proposed reduction for green

18:54:52 space, reduction of the trees, and the --

18:54:58 >>MARY ALVAREZ: Second.

18:54:59 >>CHAIRMAN: We have a motion and second.

18:55:10 Question on the motion?

18:55:11 >>JOHN DINGFELDER: I was going to elaborate and say

18:55:13 consistent with Ms. Saul-Sena's motion the way I read

18:55:17 27-326 with regard to compatibility, 27-269, in regard

18:55:22 to precedent setting, I would also agree and support

18:55:27 the motion.

18:55:28 >>GWEN MILLER: All in favor of the motion say Aye.

18:55:30 Opposed, Nay.

18:55:34 Item number 6 is a continued public hearing.

18:56:00 >>HEATHER LAMBOY: I imagine if you had a problem with

18:56:02 the last one you will probably have a problem with




18:56:04 this one. The subject property is located at 4519 Fig

18:56:07 Street.

18:56:19 The site is west.

18:56:29 For your information there is a townhouse development

18:56:32 at the end of the block and another townhouse

18:56:34 development on the other side of the block.

18:56:37 And as you can see in the aerial that you have, then

18:56:40 the neighborhood is transitioning.

18:56:42 However, this block is not.

18:56:43 I have some photographs to illustrate that.

18:56:49 This is the subject property.

18:56:50 Petitioner has requested to demolish the existing

18:56:55 house, two-story dwelling units.

18:56:59 Across the street, single-family residential, access

18:57:03 down the street, two garages.

18:57:09 This is a view across the street, apartments.

18:57:16 And this is a view of the townhouses developed as a PD

18:57:22 on Fig Street.

18:57:23 There are no waivers requested in this application.

18:57:26 Petitioner is proposing to rezone a property at 4519

18:57:29 west Fig Street for residential single family planned

18:57:32 development.




18:57:32 The petitioner is proposing the construction of six

18:57:35 single-family attached units on-site.

18:57:37 And I do have an elevation.

18:57:48 The unit that will face towards Fig Street, this is

18:57:55 the elevation that faces Fig Street with the drive

18:57:58 lane down the center. The face is 15 feet.

18:58:00 The site is 6 feet.

18:58:02 The rear setback is 22 feet.

18:58:04 Maximum height will be 35 feet.

18:58:05 Guest parking is provided on-site at the rear.

18:58:07 And the site has been designed to avoid the impact on

18:58:11 the cluster of trees on the northern portion of the

18:58:13 site.

18:58:14 Staff has some objections.

18:58:17 Specifically -- I'll let Michelle talk about

18:58:22 Hillsborough County Planning Commission.

18:58:23 And stormwater asked for a note on the site plan which

18:58:30 petitioner has complied with.

18:58:31 That concludes staff comments.

18:58:32 >>JOHN DINGFELDER: Are your objections limited to

18:58:37 stormwater?

18:58:37 Or do you have objections for consistency and




18:58:40 compatibility?

18:58:43 >>> I will defer to the council because of the

18:58:45 changing nature of that entire area.

18:58:47 I didn't find it incompatible.

18:58:50 I know that there's a lot of members of the public

18:58:52 here to discuss about the compatibility.

18:58:54 But because of the ends of the block being fixed with

18:59:00 multifamily developments, staff did not have concerns

18:59:05 regarding this petition.

18:59:14 >>LINDA SAUL-SENA: Ms. Lamboy, I'm looking at this

18:59:18 aerial.

18:59:19 It appears that to the east is single family.

18:59:21 To the west is single family.

18:59:22 And to the south is single family.

18:59:27 >>> That's correct.

18:59:28 In the block, yes.

18:59:29 >> And you didn't have a -- and you felt that

18:59:31 multifamily was compatible?

18:59:33 >>> I went to the site and visited.

18:59:35 I visit every site.

18:59:36 And the streetscape is not just a few houses on the

18:59:43 other side.




18:59:44 And across the street, you know.

18:59:46 I walked the block.

18:59:47 And very much a part of that streetscape is also those

18:59:52 brick townhouses or condos across tracks and very much

18:59:56 part of the streetscape is the townhouse development,

19:00:04 essentially.

19:00:04 >>MICHELE OGILVIE: Planning Commission staff.

19:00:07 The comprehensive plan policies of direction is that

19:00:11 redevelopment be compatible and integrated with the

19:00:15 surrounding character and uses of the area.

19:00:18 Excuse me, I have been sworn in.

19:00:24 The site plan in staff's opinion has not demonstrated

19:00:31 strong compatibility on integration.

19:00:33 We do acknowledge that the area is transitioning, has

19:00:36 been since 1987 or so.

19:00:42 However, the site plan, as we reviewed it, is isolated

19:00:47 from the surrounding areas.

19:00:48 There are no connections to the streets internal to

19:00:52 itself, and rather to the neighborhood, which are

19:00:56 standards that we have in the past reviewed other

19:01:02 petitions, recent past.

19:01:03 For those reasons Planning Commission staff cited




19:01:07 several policies within the comprehensive plan that we

19:01:09 do not believe are supported by this petition.

19:01:11 We are objecting to the request, and provide that for

19:01:14 your analysis.

19:01:18 >>GWEN MILLER: Petitioner?

19:01:30 >> I have been sworn.

19:01:31 My name is Michalina Ostrowski, 4519 Fig Street.

19:01:39 I do have a site plan.

19:01:41 Would anyone like to see it?

19:01:44 >>LINDA SAUL-SENA: We have it.

19:01:44 >>JOHN DINGFELDER: The big one?

19:01:48 >>> Yes. You're welcome to put it on the easel to

19:01:57 refer to it.

19:02:15 >> Take that microphone with you.

19:02:25 >>> And the trees.

19:02:25 It's simple, like two single homes to start.

19:02:44 I have seven townhouses that were built.

19:02:50 I have lived in the neighborhood since '83.

19:02:52 And I bought my house in March of '85.

19:02:56 They were already building townhouses behind me.

19:02:59 There are seven townhouses behind me.

19:03:03 Down the street, in the cul-de-sac, there were even




19:03:11 the houses.

19:03:12 There are ten houses now and two stories.

19:03:14 We don't have a traffic problem and I'm sure they are

19:03:18 never going to have any traffic problem with me

19:03:19 because I'm just 100 feet away from Trask and a block

19:03:26 away from Warshaw.

19:03:33 Now, here, this is Trask that I'm 100 feet away from.

19:03:43 Across from there, those are condominiums that were

19:03:49 apartments.

19:03:50 They were converted in 1980.

19:03:53 So between Westshore and Trask all we have are

19:03:59 apartment, we have the Guest Quarters hotel, next to

19:04:02 it are apartment houses.

19:04:05 I lived in that apartment back in '83.

19:04:12 The other two have been taken for the interstate so

19:04:16 I'm just going to be a block away from the interstate.

19:04:19 That's why I moved into the neighborhood, because I

19:04:23 was close to the interstate, I was close to the city,

19:04:29 I can walk to Westshore mall in ten minutes.

19:04:34 We have International Plaza a mile away.

19:04:39 From Westshore to Dale Mabry is just one mile.

19:04:46 To mall is a half mile.




19:04:47 And I used to walk to Dale Mabry.

19:04:51 The area that is -- that we are talking about is from

19:04:54 Lois to Westshore, which is high density.

19:05:03 We have the hotel on the corner of Gray and Westshore.

19:05:15 As you know, they are taking two of my streets for the

19:05:17 interstate.

19:05:18 So I assume those apartment are going to go,

19:05:21 because -- well, if you see this map here, I hope you

19:05:33 can see it.

19:05:35 This street has been taken to make 275 wider.

19:05:39 This is Westshore.

19:05:41 The hotel is on the corner.

19:05:44 These are the apartments.

19:05:45 And if they took two streets away from there, that

19:05:48 means they are going to take most of the apartments.

19:05:52 Who wants to live next to the interstate entrance?

19:05:56 So I'm assuming they are going to tear those

19:06:01 apartments down, and the garage that they are going to

19:06:06 take for the interstate of the hotel is -- they are

19:06:12 probably going to end up taking that and the garage

19:06:17 for the hotel because the garage is right next to the

19:06:19 interstate.




19:06:21 Now, this is where I am.

19:06:24 There are seven townhouses behind me.

19:06:26 There are ten townhouses in the cul-de-sac.

19:06:31 There was one house in '84.

19:06:33 We don't have a problem with traffic.

19:06:41 And I'm sure they are not going to have any problems

19:06:43 with me, because I'm just 100 feet away from Trask,

19:06:50 and a block away from Westshore.

19:06:52 >>JOHN DINGFELDER: Ma'am, can I ask you a question?

19:06:57 >>> Yes.

19:06:57 >>JOHN DINGFELDER: When they rezoned the property at

19:07:00 the end of your street, at those ten units, did you or

19:07:04 any of your neighbors object to it, come to City

19:07:06 Council and object to it?

19:07:09 >>> Well, I didn't live there at the time.

19:07:13 >> Okay.

19:07:13 I meant the ones behind you, when they built those.

19:07:16 >>> I was renting an apartment behind guest quarters.

19:07:23 They already started to build them when I bought my

19:07:25 house.

19:07:26 >>GWEN MILLER: Let me see if there's anyone in

19:07:29 opposition.




19:07:29 Is there anyone in the public to speak on item number

19:07:31 6?

19:07:32 Come up and speak.

19:07:34 You will have a chance to come back.

19:07:35 >>MARTIN SHELBY: I believe she is entitled to have 30

19:07:43 minutes.

19:07:45 And she has 18 minutes, I believe, left.

19:07:48 Under council's rules.

19:07:50 >>GWEN MILLER: Okay.

19:07:51 Go ahead.

19:08:30 >>> I do have signatures.

19:08:30 I have 28 slips.

19:08:30 One is the president of a homeowners association.

19:08:30 She agreed that the townhouses, it is the trend.

19:08:30 There was a meeting -- they discussed townhouses at

19:08:30 the time she signed my petition.

19:08:30 She said the majority there were in favor of

19:08:30 townhouses because they are all upscale.

19:08:31 We have townhouses that are going for half a million

19:08:33 dollars.

19:08:33 We never had any properties there for any of that.

19:08:38 For that kind of price.




19:08:40 At the corner of north "A" and Trask, townhouses are

19:08:46 going up for $830,000.

19:08:49 You couldn't get -- any of the houses for that.

19:08:53 It's the townhouses.

19:08:54 And the reason why I get those prices for townhouses

19:09:02 is because we live near the airport, you're the

19:09:07 intersection, 275 and all the businesses.

19:09:12 We got Westshore mall.

19:09:13 We have international mall.

19:09:16 We're in the business area.

19:09:19 There was a woman two doors away from me that had a

19:09:22 hairdressing salon.

19:09:25 Mrs. ZIAS.

19:09:27 Up to three years ago she had a hairdressing salon

19:09:29 there.

19:09:30 At the corner there was a young man that had a

19:09:33 hairdressing salon.

19:09:34 She got a divorce, sold her house.

19:09:36 That was three years ago.

19:09:37 The young man, he put a swimming pool in the backyard

19:09:40 so he can entertain his gay friends.

19:09:46 But I even worked out of my house.




19:09:55 I still have my time, please.

19:09:57 This is on Gray Street.

19:10:02 This is less than a block away.

19:10:04 There's townhouses on each corner.

19:10:07 They are going for 500,000.

19:10:09 There are 12 townhouses on Gray and Fig and

19:10:21 Hesperides.

19:10:22 I'm talking about -- we are talking about half a mile

19:10:25 from Westshore to Lois for density.

19:10:33 There will be 15 townhouses there.

19:10:35 We had a meeting at the neighborhood association.

19:10:38 A developer there presented what he's going to be

19:10:43 building between Gray and Fig, because he got most of

19:10:51 those properties there.

19:10:52 He's going to be building 30 townhouses.

19:10:54 >>MARY ALVAREZ: Have we approved that yet?

19:10:59 >>> Not yet.

19:11:01 (Laughter).

19:11:04 >>MARY ALVAREZ: Before you go on, are you living in

19:11:05 this property now?

19:11:07 >>> Yes, I am.

19:11:08 And I plan to live there.




19:11:09 I plan to have it developed and I plan to live there.

19:11:12 >>MARY ALVAREZ: Do you have a picture of your house?

19:11:14 >>> Well, no, I don't.

19:11:16 She can show it to you.

19:11:17 >>ROSE FERLITA: Who?

19:11:22 >> Heather.

19:11:24 >>> All the other houses in the neighborhood.

19:11:26 It needs a lot of work.

19:11:33 >>MARY ALVAREZ: Hold your time.

19:11:37 >>> It got some problems with it.

19:11:38 >>MARY ALVAREZ: So you want to make six townhouses out

19:11:49 of your --

19:11:51 >>> Yes, because it is a high density area.

19:11:58 I want to get some money so I can pay the high taxes.

19:12:07 So, anyway, this is Hubert.

19:12:13 These are apartments on Fig Street.

19:12:15 They go from Fig to north "B."

19:12:19 There are 50 apartments there.

19:12:20 And then we have Westshore Baptist church.

19:12:26 So we have businesses in our area as well.

19:12:30 We also have an arts studio.

19:12:36 Now, between Westshore and Trask street, everything




19:12:44 there are apartments or townhouses, or businesses.

19:12:49 On "B" street, we have this on both sides of the

19:12:56 street.

19:12:57 To Manhattan, they have businesses on the east side of

19:13:00 the south side.

19:13:03 And.

19:13:13 On north "B" street and Manhattan, these apartments

19:13:16 here, this is north "B."

19:13:23 You got all these apartments going all the way up to

19:13:32 Lois.

19:13:35 Now this is north "A" street.

19:13:36 North "A" and Hubert.

19:13:39 These are apartment buildings.

19:13:41 But some of them are being torn down.

19:13:45 And they are putting in condos.

19:13:47 So the old are going and the new are coming.

19:13:51 Just like I'd like to do.

19:13:54 Want to take down my old house and build some

19:13:56 townhouses.

19:13:58 So these apartments, this particular one, is going

19:14:03 to -- has already been rezoned.

19:14:08 It's apartments so they are building new condominiums




19:14:10 there.

19:14:11 And as you go down the street, this is what you're

19:14:15 finding.

19:14:16 These were apartments that are now being -- they tore

19:14:21 those down and they built townhouses.

19:14:23 And across the street is the school here.

19:14:31 So that's what I have in my neighborhood.

19:14:34 It's high density.

19:14:36 It's a business area.

19:14:39 I worked out of my house.

19:14:40 We had hairdressers, salons out of her house.

19:14:44 We have on north "A" street, we got Verizon there with

19:14:49 their fiber optics building.

19:14:51 And as I say, all of this is commercial.

19:15:04 And "A" street.

19:15:05 This is all commercial to Manhattan, from Manhattan

19:15:10 all we have are apartments on both sides of the

19:15:12 street.

19:15:14 If you were to count the apartment dwellers,

19:15:19 townhouses, they probably outnumber single dwellers

19:15:25 probably 100.

19:15:31 And it's going to -- we all know what's happening in




19:15:38 the neighborhood.

19:15:40 People want to live -- right now they are going to be

19:15:46 building more businesses near International Plaza.

19:15:51 I read in the paper where a company is coming in and

19:15:54 they're looking for a thousand employees, and the

19:16:00 starting salaries are going to be 45,000 and up.

19:16:04 That's going to be the low end.

19:16:06 Another company is coming in, bringing in 750 people.

19:16:13 Where are those people going to live?

19:16:15 They are going to want to live nearby.

19:16:18 Who wants to be on Dale Mabry bumper to bumper?

19:16:23 As I say, I could walk to Dale Mabry.

19:16:26 It's a mile away from me.

19:16:28 And I would think, right now, between Westshore and

19:16:33 Lois, it's high density.

19:16:35 But I would think the next half mile will probably --

19:16:39 you're probably going to be zoned the same area.

19:16:44 We're living in the city.

19:16:49 And I know there are some people here that are living

19:16:52 in the past and they are objecting and I say, look

19:17:00 where there is a house there, and there are ten now.

19:17:03 And if it's not me, I'm sure somebody else is going to




19:17:07 do it.

19:17:10 If I don't sell it somebody else is going to develop

19:17:13 it.

19:17:14 Because that is ha what is happening in the

19:17:16 neighborhood.

19:17:17 It's happening.

19:17:18 We are in the city.

19:17:20 I thank you for my time.

19:17:21 >>GWEN MILLER: Thank you.

19:17:24 Would anyone like to speak on item number 6?

19:17:40 >>> Dr. Albert McPherson.

19:17:44 I've been sworn in.

19:17:46 And I live at 4509 west Fig Street.

19:17:53 I will show you where she lives.

19:17:57 If that shows up.

19:18:01 That's where she lives, which is a nice house.

19:18:04 But that house there, when Westshore flooded back in

19:18:08 the late 1880s -- 1980s -- her house was the only

19:18:13 one that flooded in the whole block.

19:18:15 And when that is built, then somebody else's houses

19:18:19 are going to flood because that's the only house that

19:18:21 was flooded inside in the late 18 -- 1980s.




19:18:25 And I'll show you these other houses which you

19:18:27 probably have already seen that we had taken there.

19:18:32 And they are all single-story houses on that

19:18:37 particular block.

19:18:39 That is a dead-end street.

19:18:42 West Fig is a dead-end street.

19:18:45 And I don't know if fire trucks can get by all of

19:18:50 that.

19:18:50 Because in my experience, she is correct, that there's

19:18:54 condominiums all around in the neighborhood.

19:18:55 But a lot of those are old.

19:18:57 They've taken down old dilapidated houses.

19:19:01 All of these houses are very livable, and everybody

19:19:05 objects because we had signatures on the whole block,

19:19:10 everybody objected to this going on.

19:19:13 And the parking is going to be really bad.

19:19:17 And since it's a dead-end street then the I it's going

19:19:22 to present real bad hazards.

19:19:25 And the houses will flood when she build that because

19:19:28 there will be a lot of extra concrete and everything

19:19:30 else there.

19:19:30 >>JOHN DINGFELDER: Question.




19:19:35 Were you done?

19:19:36 >>> Yes, I'm all through.

19:19:37 >>JOHN DINGFELDER: If I'm on Fig Street facing her

19:19:40 house, the house to the right, okay, which I guys

19:19:44 would be to the east, it appears to me looking at this

19:19:49 that that's a large house on a 50-foot lot.

19:19:58 >>> Across the street, I tell you, that is a one-story

19:20:01 single house, that it is a large lot, but there's some

19:20:07 small lots in there right across the street from from

19:20:10 her.

19:20:11 They are all single -- they are nice houses and they

19:20:15 are single-family houses.

19:20:18 But there is one house that's diagonal that has a

19:20:23 large lot.

19:20:24 It actually has two driveways.

19:20:30 >> If a developer came along and bought her lot, which

19:20:32 is actually two lots --

19:20:34 >>> Oh, yeah.

19:20:35 >> And put two, two-story, large single-family homes

19:20:40 on those two lots, it would be marketable?

19:20:44 Would it be viable?

19:20:46 Would people buy them, in your opinion?




19:20:49 You've lived there a long time, I guess.

19:20:51 >>> Yeah.

19:20:53 I don't really -- you see, there's a lot of

19:20:56 condominiums already in that neighborhood.

19:20:58 But I don't really know, really, everybody is

19:21:02 satisfied just to be living in those one-family,

19:21:06 one-story -- I don't know what's going to happen.

19:21:11 >>JOHN DINGFELDER: All right.

19:21:12 Thank you.

19:21:12 >>LINDA SAUL-SENA: Sir, could you describe where your

19:21:16 house is in relation to this?

19:21:20 >>> Okay.

19:21:21 I actually live in one of the condominiums.

19:21:23 It's a condominium association but they are actually

19:21:25 townhouses.

19:21:27 It's the dead-end of Fig.

19:21:30 Figure Street, west would be Westshore mall.

19:21:33 And toward the east it dead-ends.

19:21:39 Fig Street dead-ends.

19:21:40 Then I live in like a cul-de-sac.

19:21:43 There's a cul-de-sac, which has a swimming pool in the

19:21:47 middle, and there's ten townhouses but they are all




19:21:51 individual houses.

19:21:53 So I live in one that's a walled-in area on the east

19:21:58 of figure street.

19:21:59 You can go through a gait.

19:22:02 Where I live and go through those gates.

19:22:05 And there is ten two-story townhouses but the

19:22:09 individual families that live in those.

19:22:12 >>GWEN MILLER: Thank you, sir.

19:22:14 Would anyone else like to speak?

19:22:21 We have a motion and second to close.

19:22:42 >>MARTIN SHELBY: Do you wish to speak about the item?

19:22:45 You're not here for rebuttal.

19:22:47 You're not on behalf of the petitioner, are you?

19:22:48 Are you with petitioner?

19:22:52 >>> No.

19:22:54 Asked me to say something.

19:22:55 I have known her for some time.

19:22:56 >>GWEN MILLER: Put your name on the record, please.

19:23:00 >>> Pardon me?

19:23:01 Mary Ann SMINNER.

19:23:06 >> Have you been sworn in?

19:23:08 >>> Thank you very much.




19:23:09 >> Have you been sworn in?

19:23:10 >>> Yes.

19:23:10 Okay.

19:23:13 Another thing about people who are wanting different

19:23:15 homes -- oh, I'm sorry.

19:23:17 (Oath administered by Clerk)

19:23:26 One I've noticed in the area where -- I mean, people

19:23:30 have built homes on the home that they have already

19:23:33 built, and a huge house, and they are absolutely

19:23:36 gorgeous.

19:23:37 To me this is kind of the same type of thing.

19:23:40 But I think it would solve a lot of problems if this

19:23:45 did take place.

19:23:46 Because we need more nice homes, and wherever we want

19:23:52 to go.

19:23:53 But I really do.

19:23:54 I think it's going to enhance the apartment area where

19:23:57 she is right now.

19:23:58 I think it's a big enhancement if she's able to do

19:24:01 that.

19:24:01 So that's all.

19:24:03 Thank you.




19:24:03 >>GWEN MILLER: Would anyone else like to speak?

19:24:10 Petitioner, do you want --

19:24:12 >>MARTIN SHELBY: Is there anybody else to speak?

19:24:14 I don't see anybody.

19:24:20 >>CHAIRMAN: Would anyone else like to speak?

19:24:22 Okay, come on up, petitioner. Ostrowski: It's a

19:24:32 dead-end because there was one house.

19:24:33 I lived in the neighborhood since '83.

19:24:36 Nice I used to walk the neighborhood.

19:24:39 And I remember Mr. Shanner had a small red house and

19:24:46 there was a right-of-way.

19:24:48 He and two investors, Mr. SHIRNOFF and another, they

19:24:54 built ten townhouses there.

19:24:59 So that's why it's a dead-end.

19:25:02 As I say, it's an area of condominiums and townhouses,

19:25:12 and it's going that way.

19:25:15 And I'm just a short distance away from Westshore.

19:25:20 So it shouldn't be causing any traffic problem.

19:25:28 And, yes, it's a small street, really, because it's a

19:25:32 dead-end.

19:25:38 If you can notice, it was a through-way at one time to

19:25:46 Hesperides.




19:25:47 But once they put those ten townhouses, they made it

19:25:52 into a dead-end.

19:25:56 On my side we just have one, two, three, four, five

19:25:59 houses.

19:26:00 Then we are right up to Trask and another block from

19:26:03 Westshore.

19:26:08 There are four townhouses going to be built here.

19:26:12 There is going to be -- there are townhouses here, 12

19:26:16 over here.

19:26:18 Another four here.

19:26:19 Here's the church.

19:26:23 There's six townhouses here.

19:26:27 And as I say, the townhouses that are going up --

19:26:32 >>JOHN DINGFELDER: Mrs. Ostrowski, do you have a

19:26:35 rendering of what this is supposed to look like from

19:26:37 the street?

19:26:39 >>> Yes.

19:26:39 >> And specifically, go ahead if you want to find it.

19:26:44 >>> Okay.

19:27:10 >> It will look like two story homes from the street

19:27:13 but facing each other this will look like what it is.

19:27:16 I saw a development in South Tampa.




19:27:19 And that's where I got my inspiration from.

19:27:23 I think if it's good enough in South Tampa it should

19:27:25 be good enough on my street.

19:27:30 >>JOHN DINGFELDER: I think other council members are

19:27:32 going to speak to certain other things.

19:27:33 But I have some questions about your design.

19:27:37 Because we have had some of these type of developments

19:27:38 before.

19:27:39 But this is just a question for you.

19:27:49 Couldn't you make the front door look like it is the

19:27:51 way they go into these houses?

19:27:54 >>> Yes, they can.

19:27:57 Thank you. This is not an architecture.

19:28:03 I am trying to get a developer to say, this is way

19:28:05 want you to build for me.

19:28:08 >> My other concern is the site plan shows a retention

19:28:12 pond on the street.

19:28:15 And if it's supposed to simulate two single family

19:28:23 houses facing the street --

19:28:26 >>> They are a shell.

19:28:27 They can be changed.

19:28:28 >> That's what I'm hoping.




19:28:30 >>> They can probably be changed.

19:28:32 I would like to get it rezoned first.

19:28:34 >> Well, since it's a site plan controlled thing, we

19:28:36 would want to change it before we approved it, if we

19:28:40 going to approve it at all.

19:28:42 But you would consider making those changes?

19:28:45 >>> Yes.

19:28:45 >>JOHN DINGFELDER: I interrupted you.

19:29:01 You can finish your rebuttal.

19:29:10 >>> It's just going in that direction, as I say.

19:29:13 And as I say, it's a small neighborhood.

19:29:16 It's only four streets.

19:29:21 And a mile from Westshore to Dale Mabry and a half

19:29:24 mile.

19:29:26 And like I say, I got 28 signatures and the president

19:29:30 of our neighborhood association signed it.

19:29:32 She said the people at the meeting, they agreed that

19:29:40 the townhouses were improving the property values,

19:29:45 because all the townhouses are upscale.

19:29:49 Everything that's going -- and I know mine are going

19:29:52 to go for at least 400,000.

19:29:58 And I certainly couldn't sell my house for that.




19:30:03 I'm sure probably with the price of materials they

19:30:07 will probably even go for more than that.

19:30:09 But it's the trend of the neighborhood.

19:30:14 And with all that's going on in the Westshore area,

19:30:17 and I understand even MetLife is considering

19:30:22 townhouses.

19:30:23 And Culver city.

19:30:25 They are going to be building a thousand townhouses in

19:30:29 Carver City on Lois.

19:30:32 The whole area is coming up.

19:30:36 Just like South Tampa.

19:30:38 There was an article in the paper about this developer

19:30:41 who bought some land on Lois --

19:30:46 >>JOHN DINGFELDER: Stick to this one.

19:30:48 >>> And Cypress and he's going to be putting, I forgot

19:30:56 how many hundreds of --

19:31:00 >>GWEN MILLER: Finish talking about your property.

19:31:02 >>> Okay.

19:31:03 >>MARY ALVAREZ: Mrs. Ostrowski, these town homes, are

19:31:08 they three bedroom, two baths?

19:31:11 >>> Yes.

19:31:12 They are going to be 1800 square feet.




19:31:18 So about 1800.

19:31:18 >>MARY ALVAREZ: Thank you.

19:31:20 >>JOHN DINGFELDER: Move to close.

19:31:25 >>GWEN MILLER:

19:31:26 >>: Second.

19:31:26 (Motion carried).

19:31:26 >>GWEN MILLER: What's the pleasure of council?

19:31:29 >>LINDA SAUL-SENA: I have to compliment you.

19:31:32 You have done a really eloquent presentation.

19:31:34 But when I look at the aerial that was presented to

19:31:39 us, and I see that this is a little cul-de-sac

19:31:43 protected street at west Fig Street that is all

19:31:48 single-family detached homes.

19:31:49 We have across the street to the south, to the east or

19:31:52 the west, we have a report from our planning staff

19:31:56 saying that this is not -- so I would recommend denial

19:32:02 for this proposal because I just don't think on this

19:32:04 piece of west Fig Street the proposal is compatible

19:32:06 with the surrounding last use.

19:32:10 >> Second.

19:32:10 >>GWEN MILLER: Question on the motion.

19:32:12 Mr. Dingfelder?




19:32:15 >>JOHN DINGFELDER: I'll follow Mr. Harrison.

19:32:16 >>SHAWN HARRISON: I don't remember our staff saying

19:32:18 that.

19:32:18 >>LINDA SAUL-SENA: Planning Commission staff

19:32:22 recommended denial.

19:32:23 >>SHAWN HARRISON: I'm not going to support the motion.

19:32:25 I was listening in the back.

19:32:27 And I think because the town homes are already there

19:32:31 on the street, I think that a precedent has already

19:32:35 been started and I don't think that these will add

19:32:38 anything to the traffic there.

19:32:41 So I won't support the motion.

19:32:44 >>JOHN DINGFELDER: Surprisingly enough I'm not going

19:32:46 to support the motion either.

19:32:47 One thing she said that kind of banged home.

19:32:50 She said, if she doesn't dot somebody else will.

19:32:53 And that's probably the reality of this area.

19:32:56 Because little by little, we've approved town homes,

19:33:01 prior council approved town homes, this council has

19:33:04 approved town homes in the Westshore area, and

19:33:11 although I would like to see an improvement to this

19:33:13 design, I would like to see the retention pond moved




19:33:18 to the back.

19:33:19 >>> Well, we do have retention ponds in the back.

19:33:22 >>JOHN DINGFELDER: No, this specific retention pond

19:33:25 that's on the street, I'd like to see it moved to the

19:33:29 back.

19:33:29 But that's neither here nor there.

19:33:32 I just feel like this probably is an area that's just

19:33:35 going to completely go to townhouses.

19:33:38 None of the other neighbors who own the single-family

19:33:41 homes on that street are here objecting to it, which

19:33:44 means something to me, I guess.

19:33:50 >>> The only people --

19:33:53 >>MARTIN SHELBY: Ma'am, the hearing is closed.

19:33:56 Thank you.

19:33:56 >>MARY ALVAREZ: This area is in transition from north

19:34:02 North A, North B.

19:34:04 It's like she said, it's like a couple of blocks away

19:34:06 from the interstate, and the interstate is encroaching

19:34:10 into that neighborhood.

19:34:10 >>JOHN DINGFELDER: One mile to the interstate.

19:34:15 >>CHAIRMAN: No, one mile to Dale Mabry.

19:34:17 >>MARY ALVAREZ: So I think because of the -- the




19:34:24 designs, you could do a little better with the design.

19:34:26 And the retention pond.

19:34:28 But those are minor things.

19:34:30 And I think you can probably work with staff.

19:34:32 So for those reasons I won't support the motion.

19:34:36 >>ROSE FERLITA: Madam Chairman, I am going to support

19:34:39 the motion because the town homes she continues -- I

19:34:43 have a friend that used to live there and it's it

19:34:47 looks very nice and the area immediately around her,

19:34:50 as Linda said, are single residence homes and some of

19:34:54 my colleagues are right, some people are not here, but

19:34:57 judging by some of the elderly people that are sitting

19:34:59 out here that don't say no, and appear to be not in

19:35:04 support of this, are not coming up.

19:35:05 So this is certainly speculation on my part but

19:35:09 perhaps maybe there's some elderly residents that are

19:35:12 in close proximity to her project that didn't think to

19:35:15 come or didn't choose to come.

19:35:16 But I still think there's enough single resident homes

19:35:19 there that I think we need to maintain that as long as

19:35:23 we can.

19:35:23 So Mrs. Saul-Sena, I support your motion.




19:35:25 >>MARTIN SHELBY: Just a question for staff, because

19:35:30 council did raise issues as a matter of law.

19:35:32 This is a site plan controlled development.

19:35:36 Graphical changes would have to come back to council.

19:35:39 If council wishes to have any changes there may ab

19:35:43 motion -- I wanted to bring it to council's attention.

19:35:47 I have been hearing things back and forth.

19:35:49 I just want to know what council's ultimate intention

19:35:51 will be but to bring back, that the site plan that's

19:35:55 before you today is the site plan that controls.

19:36:03 >>JOHN DINGFELDER: We'll get to that.

19:36:03 >>KEVIN WHITE: I wanted Ms. Saul-Sena know that I

19:36:07 seconded her motion, I knew where she was going.

19:36:10 I was clairvoyant on that one as she began to speak.

19:36:14 Because I looked at the entire two-block area and

19:36:17 there's nothing even though whatever the surrounding

19:36:18 compatibility uses are, but that's still two to

19:36:22 three-block area is nothing but single-family homes

19:36:25 and until something goes within the confines of that

19:36:29 three to four-block area, everything, the other blocks

19:36:32 behind or in front of or at the very end of that

19:36:35 cul-de-sac but within that two to three-block area,




19:36:37 there's single-family homes.

19:36:40 So I will be supporting Ms. Saul-Sena's motion on

19:36:43 that.

19:36:43 Because I don't think there's anything to break that

19:36:46 up.

19:36:47 >>GWEN MILLER: We have a motion and second on the

19:36:48 floor for denial.

19:36:49 All in favor of the motion say Aye.

19:36:50 Opposed, Nay.

19:36:57 4-3.

19:36:57 >>JOHN DINGFELDER: 3 to 4.

19:36:59 >>LINDA SAUL-SENA: Denial was denied.

19:37:03 >>GWEN MILLER: Ms. Alvarez?

19:37:06 >>MARTIN SHELBY: I wanted the vote clarified.

19:37:08 If we have a roll call vote we can do ^ ^ that.

19:37:23 I would really like council to work with her to let

19:37:26 staff working with her improving the facade and move

19:37:30 the retention pond and get it off the street and make

19:37:32 it a better design with the intent to hopefully

19:37:36 approve it when it comes back as for the four votes

19:37:42 that were there.

19:37:46 >>MARTIN SHELBY: I'm sorry, was that a motion?




19:37:49 >>JOHN DINGFELDER: To continue.

19:37:49 >>MARTIN SHELBY: I would ask petitioner if she would

19:37:52 agree to do that, to have that continuance.

19:37:54 You can go to the microphone.

19:37:55 Do you understand what council is asking?

19:38:01 >>> Yes, the retention pond.

19:38:04 >> And do you have any objection to that continuance?

19:38:07 Is that something you wish?

19:38:08 >>> I don't have objections.

19:38:10 >>LINDA SAUL-SENA: I know that the planning staff

19:38:15 suggested that you create a face to the street that

19:38:19 looks like the real front of the house, and I would

19:38:24 recommend that you work with an architect and make it

19:38:27 look good.

19:38:29 >>> Okay.

19:38:29 >>GWEN MILLER: A motion and second to continue.

19:38:34 >>MARTIN SHELBY: You have to make a motion to reopen

19:38:38 the public hearing.

19:38:39 >> So moved.

19:38:39 >> Second.

19:38:40 (Motion carried).

19:38:40 >>MARTIN SHELBY: Now a motion and second for a




19:38:43 specific date and time, please.

19:38:46 >>HEATHER LAMBOY: March 9th.

19:38:50 >> Will that give her enough time to look for an

19:38:52 architect and so forth?

19:38:55 >>JOHN DINGFELDER: Do April.

19:38:57 >>MARY ALVAREZ: How about May?

19:39:00 >>JOHN DINGFELDER: April 13, 6 p.m.

19:39:03 Same motion as before.

19:39:05 >>LINDA SAUL-SENA: Second.

19:39:06 >>GWEN MILLER: 13th at 6 p.m.

19:39:08 All in favor say Aye?

19:39:11 Opposed, Nay?

19:39:13 >>THE CLERK: Motion carried with Ferlita and white and

19:39:16 Saul-Sena voting no.

19:39:20 >>GWEN MILLER: You seconded the motion.

19:39:22 >>LINDA SAUL-SENA: I wanted her to make it better.

19:39:24 But I still don't think it's a good idea.

19:39:29 >> Under Roberts rules the seconder of a motion does

19:39:31 not have to vote in favor whereas the maker of the

19:39:34 motion does.

19:39:34 >>GWEN MILLER: Okay.

19:39:35 >>GWEN MILLER: A motion and second to open number 8.




19:39:43 (Motion carried).

19:39:44 >>JOHN DINGFELDER: Making good progress.

19:39:52 >>HEATHER LAMBOY: Land development.

19:40:08 I have been sworn.

19:40:09 It's just north of the freeway, and next to McFarland

19:40:13 park to the west of MacDill Boulevard.

19:40:20 The site is a highly treed site.

19:40:23 I will remark that the petitioner has worked closely

19:40:24 with our parks and recreation staff to design the site

19:40:27 around the large number of trees on the site.

19:40:34 And just to give you some photographs, this is a

19:40:41 one-story house.

19:40:42 Example of one of the trees.

19:40:44 Several grand trees on-site.

19:40:47 This is an example of another tree.

19:40:50 There's a historic two-story house on-site.

19:40:59 Tree to be preserved.

19:41:01 And trees along the frontage to the freeway. The

19:41:06 petitioner is proposing to PD. The existing two story

19:41:12 residences will be demolished.

19:41:14 The petitioner is proposing five two-story

19:41:17 single-family dwelling units on the sites.




19:41:22 They will survive a common open area.

19:41:28 They will surround a common open area that will face

19:41:33 three Maxwell place.

19:41:36 Three of the units with the access via green street

19:41:38 and two will be accessed via Maxwell place.

19:41:41 There are seven grand oaks that will remain.

19:41:44 Petitioner has worked diligently as I stated

19:41:47 previously to avoid those trees.

19:41:49 There was only one objection from the stormwater

19:41:51 division.

19:41:51 The notes that was on the site needed to be changed.

19:41:55 Petitioner has provided me with stickers to change

19:41:58 that note so that objection will be removed.

19:42:04 And let me show you the elevations.

19:42:06 There is going to be one house that will have a garage

19:42:09 on the front elevation.

19:42:11 It is set back significantly at maxwell place so it's

19:42:16 not going to be dominant on streetscape.

19:42:22 I suggested to the petitioner, this is not located in

19:42:24 the West Tampa overlay.

19:42:26 It is just outside.

19:42:27 And there are certainly a lot of historical context.




19:42:30 So the petitioner took my advice and has designed it

19:42:34 to be consistent in character with the West Tampa

19:42:37 overlay standards.

19:42:47 >>MICHELE OGILVIE: Planning Commission staff.

19:42:49 I have been sworn in.

19:42:50 The site is adjacent to the amenity to McFarland park,

19:42:56 also historic, in the his -- historic West Tampa

19:43:00 neighborhood.

19:43:00 There's appropriate in-fill consistent with policies

19:43:02 that have been outlined in our staff report to you.

19:43:05 And we do not object to the rezoning request.

19:43:08 >>GWEN MILLER: Petitioner?

19:43:27 >>> My name is David Klisett, president of Design

19:43:31 Development Incorporated, I'm the authorized agent for

19:43:33 the owner of the property, which is called Hot

19:43:36 Properties, and the president of that company is

19:43:39 present here this evening, Brian Pennington.

19:43:44 We have a really interesting site plan, I believe,

19:43:49 here that addresses many issues that are of interest

19:43:53 to the community.

19:43:54 We have a piece of property that's about 27,000 square

19:43:58 feet.




19:43:59 The current zoning is RS-50.

19:44:03 And I have been sworn.

19:44:11 The future land use actually is R-10 for this parcel

19:44:16 and some of the staff originally suggested that we

19:44:19 consider doing some kind of multifamily.

19:44:21 But we did not feel that that was appropriate.

19:44:23 And we have a concern to save the beautiful wooded lot

19:44:27 that we have and develop it in consistency with the

19:44:32 land we have which allows us five units at RS-50,

19:44:35 5,000 minimum per lot.

19:44:40 We are just outside the West Tampa overlay district.

19:44:42 And in the process, we have had the privilege to meet

19:44:46 with the West Tampa overlay committee, to review this

19:44:51 plan, and we made some adjustments accordingly.

19:44:53 But we actually love this neighborhood.

19:44:55 And we are trying to do something that will allow us

19:44:57 to open up to the park and still develop the property

19:45:00 with the density that it allows.

19:45:04 So what we have done, and it may not be clear as the

19:45:10 site plan is laid out.

19:45:16 Is this operating correctly?

19:45:17 We propose lot 1, lot 2, lot 3, lot 4, lot 5.




19:45:23 The narrowest lot is 45 feet which makes the West

19:45:26 Tampa overlay requirement.

19:45:28 Their minimum is 40 feet.

19:45:30 And then we also have a really large parcel in the

19:45:32 center that we are going to devote as community

19:45:36 property.

19:45:36 So we actually are putting an open picket fence around

19:45:40 the perimeter of the property.

19:45:41 We are going to be adding some landscaping around the

19:45:44 edge of the property in accordance with the City of

19:45:46 Tampa standards.

19:45:48 And then in this whole center portion of the property

19:45:51 is actually going to be set aside to preserve the

19:45:55 grand oak that's there. There's also a beautiful

19:45:58 Magnolia tree there.

19:46:00 And we are facing McFarland park.

19:46:03 This is pointing towards me is the north. This is

19:46:07 actually the western exposure.

19:46:08 You really only have two houses at the street.

19:46:12 And then the other three houses are set back.

19:46:14 But the whole property is oriented towards the park.

19:46:19 There are five grand trees on the property.




19:46:23 Only four of them are healthy.

19:46:25 We had the Parks Department come out and look at all

19:46:29 the trees there.

19:46:30 We also have a tree service come and look and make

19:46:33 recommendations.

19:46:34 And actually the Parks Department told us that one of

19:46:37 the trees there was in a state of failure.

19:46:41 Dave Riley from the Parks Department.

19:46:47 >> You spoke with the neighborhood organization. Did

19:46:49 they have any opposition?

19:46:51 >> None at all.

19:46:52 >>GWEN MILLER: Is there anyone in the audience to

19:46:53 speak on item number 8?

19:46:56 >> Move to close.

19:46:57 >>JOHN DINGFELDER: Sir, I think we are trying to

19:46:59 expedite it.

19:47:00 It's looking good.

19:47:01 Mr. Riley is here.

19:47:02 And I just wanted to make sure, there's a lot of grand

19:47:07 trees or good trees on this property.

19:47:09 Are you okay with this project?

19:47:11 Rile rile parks and recreation.




19:47:12 I have been sworn.

19:47:13 And, yes, we have met three or four times on the site

19:47:17 and we did identify one tree as potentially hazardous,

19:47:23 and we're okay with removal of that with replacement.

19:47:27 So, yes, we are fine with the plan.

19:47:31 >> Move to close.

19:47:31 >> Second.

19:47:32 (Motion carried).

19:47:32 >>LINDA SAUL-SENA: I feel like I have been kind of

19:47:37 critical of designs tonight and I want to compliment

19:47:40 this petitioner.

19:47:40 The proposed site plan is really innovative.

19:47:43 It saves the trees.

19:47:45 And the home design is terrific.

19:47:46 It's very compatible with the neighborhood.

19:47:49 Even though you're not required to do it because of an

19:47:52 overlay, you obviously looked at what's around you and

19:47:55 picked the best of it and played off of it.

19:47:57 Great design.

19:47:58 My compliments.

19:47:59 I think this is what council was trying to encourage.

19:48:01 And we are going to use you as a poster child.




19:48:04 >>ROSE FERLITA: And it's in keeping with linda New

19:48:06 Year's resolution.

19:48:08 >>MARY ALVAREZ: Move an ordinance rezoning property in

19:48:13 the general vicinity of 129-130 maxwell place in the

19:48:18 city of Tampa, Florida and more particularly described

19:48:20 in section 1 from zoning district classifications

19:48:23 RS-50 residential single-family to PD single-family

19:48:26 residential providing an effective date.

19:48:28 >>GWEN MILLER: Motion and second.

19:48:29 (Motion carried).

19:48:30 >>KEVIN WHITE: Move to open number 9.

19:48:34 >> Second.

19:48:34 (Motion carried)

19:49:01 >>HEATHER LAMBOY: Land development.

19:49:02 I have been sworn.

19:49:02 The subject property is located on Paxton Avenue, one

19:49:10 block from MacDill.

19:49:16 I would like to remind council, recent rezonings in the

19:49:20 area, Cherokee like the last time, rezoning to an

19:49:27 RS-50.

19:49:29 In the block with Cherokee.

19:49:32 And then there is -- there was a person across the




19:49:36 street rezoned from RS-60 to RS-50 that. Is the

19:49:40 request for this particular petition.

19:49:44 The site of the current property is 16,450 square

19:49:48 feet, it is 100 feet by 164.5 feet.

19:49:51 >> Heather, you have given us this.

19:49:53 Where is the subject property on this one?

19:49:56 >>> The subject property on that particular analysis

19:49:59 is this one right here.

19:50:02 The first.

19:50:05 From MacDill.

19:50:09 >>JOHN DINGFELDER: This one is not marked.

19:50:12 >>> I'm sorry.

19:50:13 I was dealing with technology.

19:50:16 It was sort of difficult to deal with.

19:50:18 Not my normal computer anyway.

19:50:20 Just to go ahead and jump onto this.

19:50:22 This is MacDill Avenue.

19:50:24 They are zoned commercial general.

19:50:26 So therefore I did not put it in my analysis.

19:50:30 So taking into account the last day from the

19:50:33 residentially zoned lot, the entire block between

19:50:36 Paxton and -- I'm sorry, RS-60.




19:50:45 A 50-foot lot that surrounds that parcel.

19:50:48 Then this block there are approximately seven lots

19:50:56 that are RS-55 lots, and then the reminder are larger

19:51:02 and part of the RS-60 standards.

19:51:06 Just to give you some background on the MacDill

19:51:08 heights subdivision was 1948, subject lots were

19:51:12 platted at 50 feet by 164.5 feet.

19:51:18 The petitioner is seeking to have this historic

19:51:23 pattern.

19:51:24 76% of the lots and -- at the 50-foot width and 24%

19:51:29 are developed on larger lots.

19:51:31 Staff has no objections to this petition.

19:51:33 And concludes comments.

19:51:42 >>MICHELE OGILVIE: Planning Commission staff.

19:51:45 I have been sworn in.

19:51:48 Planning Commission staff has reviewed the request and

19:51:51 finds it compatible in supporting of the housing

19:51:55 elements direction to provide for housing at a rate of

19:52:01 1,128 units per year -- or the beginning of the year

19:52:08 through 2015.

19:52:10 The request is also compatible with the development

19:52:13 pattern of the surrounding area.




19:52:16 And Planning Commission staff has identified policies

19:52:18 in the comprehensive plan that do support this request

19:52:22 in our report, and we do not object to the rezoning.

19:52:25 >>GWEN MILLER: Petitioner?

19:52:37 >>> My name is Paul G. Martin.

19:52:40 I have been sworn in. I have a couple briefly

19:52:42 comments to make.

19:52:43 First, this property does not fall into APZ zone or is

19:52:47 not restricted to rezoning.

19:52:48 Also, I want to reiterate 76% of the lots are

19:52:55 nonconforming to the RS-60 zoning so 50-foot frontage,

19:53:02 that parcel across the street was recently rezoned to

19:53:05 RS-50.

19:53:07 I know there's been some issues concerning stormwater,

19:53:09 and I want to reiterate the fact that as per city

19:53:13 code, all con new construction does require the --

19:53:18 each house had its own on-site water retention.

19:53:21 And I do have some signatures from my immediate

19:53:23 surrounding neighbors and a letter that I would like

19:53:26 to submit.

19:53:27 With that I would like to thank you for your time and

19:53:29 I hope it meets the council's approval.




19:53:31 >>ROSE FERLITA: Can you submit that?

19:53:37 >>JOHN DINGFELDER: My biggest concern is there is an

19:53:40 indication from Mr. Riley that there's a grand tree on

19:53:43 the site.

19:53:45 And when you split these, where is the grand tree

19:53:48 sitting on the site?

19:53:54 >>> I actually brought in a map.

19:53:57 As you're looking south of the --

19:54:05 Paxton is here.

19:54:07 Here's the grand tree, six feet off the -- that it

19:54:11 would be west property line.

19:54:13 Right here.

19:54:13 >> Where is the rear property line?

19:54:20 Back here.

19:54:20 >> And the front property line?

19:54:27 >>> The front is here.

19:54:28 >> So you think you have a big enough envelope?

19:54:35 >>> 165 feet deep.

19:54:40 Here is the setback.

19:54:46 >> That's fine.

19:54:46 I thought it was 100 feet deep.

19:54:48 >>> No.




19:54:50 Here is the property line.

19:54:52 Here is the tree.

19:54:55 And we are going to comply with chapter 13 as far as

19:54:58 permitting for new construction on this site.

19:55:04 >>LINDA SAUL-SENA: My concern is the way that the

19:55:12 staff measured this.

19:55:14 I look at it as if you look at the subject property,

19:55:17 and you look at the block that the subject property is

19:55:19 on, it's not 76% nonconforming.

19:55:24 It's about 50% conforming.

19:55:26 No, it's about 60% conforming and about 40%

19:55:30 nonconforming.

19:55:31 And I don't know, that because we have faced such

19:55:41 developments pressures on Paxton, concerns about

19:55:43 stormwater on Paxton and questions of compatibility on

19:55:47 Paxton, that we want to encourage this more intensive

19:55:52 redevelopment.

19:55:53 >>ROSE FERLITA: I want to tell you what my concern is

19:55:59 and be straight up and early on in terms of my

19:56:02 opposition.

19:56:02 I find it very amusing when you talk about stormwater

19:56:04 issues and stormwater projects, and I think Mr.




19:56:07 Daignault said this is how much money we have, these

19:56:09 are what we can do, and one of the first things we are

19:56:12 going to do is take care of the huge flooding problem

19:56:15 on Paxton.

19:56:16 And these very people who support, I have in my hand,

19:56:19 Mr. and Mrs. Charles Hogue, came to us. This

19:56:23 council, I believe if my recollection is correct, Mrs.

19:56:26 Saul-Sena and I did not support it.

19:56:27 They requested that their property go from 62 to RS-50

19:56:32 and what a surprise.

19:56:33 Now they are supporting this gentleman doing the same.

19:56:35 And this was the very area that we assured them,

19:56:38 because you remember they were here all the time for a

19:56:41 long time, because of the huge -- the huge flooding

19:56:46 problem with Paxton.

19:56:47 And so now we have started a precedent from the people

19:56:50 who complained the most who got at proved early, and

19:56:52 now we are doing it again.

19:56:54 So I'm going to leave to the my colleagues to do

19:56:56 whatever they want in terms of their motion but I will

19:56:58 absolutely, absolutely, absolutely not support this.

19:57:01 We said we were going to fix this and now we are




19:57:04 catering to people who want to reduce it from an RS-60

19:57:08 to a 50.

19:57:09 Unconscionable.

19:57:11 We are very counterproductive if we support that. Do

19:57:14 you remember that, Mrs. Saul-Sena?

19:57:16 >>LINDA SAUL-SENA: Correct.

19:57:18 >>JOHN DINGFELDER: I think if we weren't going to fix

19:57:21 the flooding on Paxton I would have to agree with you

19:57:24 wholeheartedly but we just approved an almost million

19:57:27 dollar project to fix the flooding on Paxton.

19:57:31 So I think the flooding issue very soon, within the

19:57:33 next year, I trust our engineers, will fix it based

19:57:37 upon the money that we are investing.

19:57:39 So, therefore, if flooding is not an issue, then land

19:57:43 use becomes the issue.

19:57:44 And I don't know.

19:57:47 I guess we haven't even seen if there's anybody else

19:57:49 here.

19:57:52 >> That's correct, we have not.

19:57:52 >>GWEN MILLER: Is there anyone in the public that

19:57:54 would like to speak on number 9?

19:58:17 >>MARTIN SHELBY: Speaker's time waiver form with four




19:58:19 names.

19:58:19 Just please raise your hand to acknowledge you're

19:58:21 here.

19:58:22 John Stines, Jr.

19:58:27 Margaret BOHAN.

19:58:32 Camilla.

19:58:33 Mildred.

19:58:35 Four additional minutes, please.

19:58:38 >>> Good evening, Madam Chair.

19:58:39 My name is Al Steenson, chairman of the board of the

19:58:46 civic association and I thank my members for sitting

19:58:48 around here close to two hours tonight to give me an

19:58:51 opportunity to speak with you tonight.

19:58:53 I'm here at the request of the association to object

19:58:56 to this rezoning petition on the following -- for the

19:58:59 following reasons: Ms. Ferlita, you just brought this

19:59:06 to mind.

19:59:11 This is the infamous Sixth and Paxton.

19:59:16 It was just mentioned.

19:59:18 Yes, the contract has been let.

19:59:20 And we are taking the view, we're from Missouri.

19:59:27 Go ahead and dot and let's see if it works.




19:59:29 We weren't in on the design.

19:59:30 But came in at almost double what we had estimated on.

19:59:34 Okay?

19:59:35 This is a given.

19:59:36 We know the situation is there.

19:59:38 And we don't know whether it's going to be solved.

19:59:44 Two other illustrations.

19:59:51 That's down inside of a cash basin at the end of my

19:59:55 street at Lois and Clark -- Lois and LITA.

20:00:00 I went and pulled the lid off and took a picture of

20:00:02 it.

20:00:05 >> What is it?

20:00:07 >>> There's the crowbar that I used to take the lid

20:00:10 off.

20:00:16 Now the stormwater issue but we haven't kept up with

20:00:19 the maintenance.

20:00:20 There's a pipe that has 9 and a half inches of debris

20:00:24 in the bottom of it, ladies and gentlemen.

20:00:26 How do you get 18 inches of water when you have 9

20:00:28 inches of debris?

20:00:31 That intersection typically floods.

20:00:34 It happens to be at the very end of my street.




20:00:39 Now, the other issue we would like to discuss is the

20:00:42 transportation issues.

20:00:43 These aren't going to go away.

20:00:47 I apologize for the quality of photos.

20:00:50 They were taken at almost dark the other day.

20:00:53 I tried to lighten them up on my computer.

20:00:56 You can see the traffic backed up toward MacDill.

20:00:58 This is the intersection of Dale Mabry.

20:01:07 The intersection of Dale Mabry and Ballast Point.

20:01:14 The intersection of Gandy and Dale Mabry looking

20:01:16 north.

20:01:18 These issues aren't going to go away.

20:01:21 The one closest to the petition for rezoning is

20:01:25 MacDill and Gandy.

20:01:26 This was taken at approximately 5:30 on Tuesday

20:01:31 afternoon.

20:01:32 We did mention the fact -- and Mr. Snelling referred

20:01:37 to the this morning -- this area is in the area where

20:01:40 the study is, and I think this property is somewhere

20:01:47 right around in here.

20:01:49 He's right, it is not in the APC but this whole area,

20:01:53 this whole area, is being studied.




20:01:56 Imon one of the committees.

20:01:59 So we need to use caution as to what we rezone in this

20:02:03 particular thing as it relates to MacDill Air

20:02:06 Force Base.

20:02:07 Now the last point I'd like to make is that we are not

20:02:12 in an overlay district.

20:02:14 We're not in a historic district.

20:02:15 But we are a neighborhood and we do have the character

20:02:22 of the neighborhood.

20:02:22 For example, this right here is a house that's going

20:02:28 to be built on the corner of Paxton and Cherokee.

20:02:32 That house is going on the market is a half million

20:02:34 dollar home.

20:02:35 This house is directly across the street from it.

20:02:43 There's no law against two-story homes.

20:02:48 But I submit when you have homes like this, and this,

20:02:51 and they are sandwiched in amongst homes that are in

20:02:54 the 950 to 1100-foot square foot, this is not what we

20:03:01 would consider urban in-fill.

20:03:05 I would rather characterize it as neighborhood

20:03:07 character assassination.

20:03:14 Here's a development that's going on at the corner of




20:03:18 Sherri, and I cannot read the name of this corner, off

20:03:22 of Sheridan, west of MacDill.

20:03:25 These are the single-family homes that surround the

20:03:28 area.

20:03:29 Now, I'll grand you all of these, by the way, I didn't

20:03:32 know it until just a moment ago, but this happens to

20:03:34 be one of the ladies that signed the speaker form.

20:03:37 I didn't even know it was her house.

20:03:42 I fully understand the fact that these units were

20:03:45 platted back in the 1950s.

20:03:48 People bought the larger lots to have more room, many

20:03:51 of them bought them hopefully that they could use the

20:03:55 additional land for their retirement.

20:03:56 It's unfortunate for them and unfortunate for the

20:04:00 people around them that the city has not kept up with

20:04:03 the infrastructure issues surrounding the area.

20:04:08 And until these issues are addressed, the association

20:04:11 cannot, cannot support these petitions, and we

20:04:15 respectfully request that you deny this one.

20:04:18 Thank you very much.

20:04:18 >>GWEN MILLER: Thank you.

20:04:19 Would anyone else like to speak?




20:04:22 Petitioner, you can come back on rebuttal.

20:04:32 >>> I would like to point out that a lot of pictures

20:04:34 in the immediate area of this property, taking

20:04:37 pictures at Oklahoma and Dale Mabry and I do

20:04:40 understand as far as with the traffic goes.

20:04:43 We are talking a single family house.

20:04:45 We are not talking town homes, or apartment complexes.

20:04:49 This is a picture of property directly across the

20:04:51 street from her parcel that is having a new house put

20:04:55 on it when we are talking about new development and

20:04:57 not fitting into the neighborhood. This is actually

20:04:58 the property next door which is under contract with

20:05:02 another builder.

20:05:05 If I can go back and show where we're at, this is the

20:05:12 yellow house that I just showed you.

20:05:13 Here is the property.

20:05:16 They are building another home. This is a vacant

20:05:18 parcel where the home owner is putting a new house.

20:05:22 He's one of the gentlemen that signed the petition.

20:05:25 These parcels are also -- they are going to have three

20:05:29 new homes on there.

20:05:32 You look at impervious area.




20:05:34 Single-family home does not add that much impervious

20:05:37 area, as a planned community does.

20:05:38 And keep in mind these lots are 8200 square feet

20:05:42 total.

20:05:42 Now we are looking at some of those other homes shown,

20:05:46 put on a 50 by 100 lot.

20:05:48 I still have 6200 square feet of property after a

20:05:51 house with a 36 by 40-footprint is put on this

20:05:55 property.

20:05:55 So I still have an additional 6200 feet that is going

20:06:04 to have pervious area, pervious soil.

20:06:10 I do understand where everyone is coming from.

20:06:13 But as has been stated before, Paxton is the number

20:06:15 one priority for South Tampa as far as having these

20:06:19 repairs done with the stormwater, and being that those

20:06:25 are in line and being that issue is going to be taken

20:06:27 care of, I would just request that you consider this

20:06:33 approval.

20:06:34 >>MARY ALVAREZ: Did you say how many homes you were

20:06:38 planning to build?

20:06:40 >>> Just two.

20:06:41 >>MARY ALVAREZ: Just two homes?




20:06:42 >>> Yes.

20:06:43 >> Oh.

20:06:44 Okay.

20:06:44 And Mr. Awad with stormwater, what are you planning to

20:06:52 do with that area?

20:06:54 >>> Alex Awad, stormwater, and I have been sworn in.

20:06:58 We are doing the project in the near future.

20:07:03 It's going to cost, as I stated some period back,

20:07:07 $1.2 million.

20:07:10 We have put some restrictions also on the previous

20:07:12 development that when you did approve them to build,

20:07:15 they still have to provide major stormwater retention

20:07:20 on-site N.this case, he had such a large piece of

20:07:23 property that even though our rules require you to

20:07:28 provide if over 50% impervious, some type of

20:07:31 retention.

20:07:31 In his case he isn't.

20:07:33 But I still added that on the site plan.

20:07:35 So at this point, I do not see how I could have denied

20:07:39 his permit or objected to the.

20:07:44 >> What about the maintenance of these stormwater

20:07:48 pipes?




20:07:49 >>> Well, I tried to call Mr. Steenson whenever he

20:07:52 pull as lid to call us so we can go out and do it and

20:07:55 I appreciate it if he does that more often.

20:07:57 And we have asked that from everyone to do that, if

20:07:59 they know this thing is happening, to please call us,

20:08:01 and our maintenance will take care of it.

20:08:04 We have changed our method of doing stormwater

20:08:07 maintenance in the city, which each area, each

20:08:11 neighborhood has a crew of four technician that is

20:08:15 basically would go around every month to certain

20:08:18 portions of town and try to maintain that portion of

20:08:21 town.

20:08:23 And in this case they could have been in that

20:08:24 neighborhood, and they won't come back for another 12

20:08:27 months.

20:08:27 But I don't know if it has been done in this area yet

20:08:30 or not.

20:08:32 >> Can you check on that?

20:08:33 >>> Absolutely.

20:08:34 >> Please put a request in to clean it up.

20:08:37 >>> Absolutely.

20:08:37 >> Thank you very much.




20:08:37 >>JOHN DINGFELDER: Mr. Awad, in your professional

20:08:41 opinion, are two houses, two new houses versus one new

20:08:45 house, let's say they are torn down, whatever is there

20:08:50 and they build a new house, two new houses have any

20:08:53 greater adverse impact on the stormwater system for

20:08:55 that street?

20:08:57 Based upon all of our rules and everything else?

20:09:00 >>> Well, he's starting out with a certain square

20:09:04 footage for the house.

20:09:05 I don't know what else the buyers are going to put in

20:09:07 on the lot.

20:09:11 They have certainly enough space to put a swimming

20:09:13 pool.

20:09:13 They could put a deck.

20:09:15 If they want to put a basketball court.

20:09:16 I don't know.

20:09:17 They could do anything they want.

20:09:18 But if the question is, if you put only one house on

20:09:21 this large lot, are they going to pave the whole

20:09:24 thing?

20:09:24 They could be do that, by code, they could pave from

20:09:28 setback to setback.




20:09:29 So in my opinion, if you have two lots and they are

20:09:34 limited to their setback, then the green space is

20:09:37 more.

20:09:39 Than one single-family house building from set back to

20:09:42 setback.

20:09:43 But is anyone going to do that?

20:09:44 I don't think so.

20:09:45 That is the same question we had in the Westshore

20:09:48 area.

20:09:48 We had 90-foot lots but who is going to build an

20:09:51 impervious area on that setback, that large a setback?

20:09:54 I can't see it.

20:09:57 >> So the bottom line is you don't see --

20:10:00 >>> I don't think it would be large.

20:10:04 >>ROSE FERLITA: Probably if we were talking about this

20:10:08 in isolation, that's fine.

20:10:10 But the reason we are putting this at the top of our

20:10:12 priority list is because we in fact know the flooding

20:10:17 problems in Paxton are high up on our list.

20:10:20 >>> Right.

20:10:20 >> So we already approved the whole thing from RS-50

20:10:24 to RS-60, or these guys if it goes through. It's kind




20:10:31 of like we are trying to fix something but at the same

20:10:32 time we are trying to task it.

20:10:34 So I think until we see what our moneys have done in

20:10:37 terms of taking care of flooding situations there, we

20:10:39 are being very counterproductive in what we are doing.

20:10:41 Once that's done and it looks like the flooding

20:10:44 problem is alleviated and we go back and evaluate one

20:10:48 petitioner, another petitioner, another petitioner,

20:10:50 but that goes from 60 to 50, that's fine.

20:10:52 But at this point, there's nothing that shows me that

20:10:55 this added with something else is not going to

20:10:59 exacerbate the very problem that we are trying to

20:11:01 correct.

20:11:02 If, for instance, Mr. Steenson knew that our

20:11:06 alleviation of flooding problems was done, and it

20:11:08 could take care of this, that's a different story.

20:11:11 But we are really trying to maximize the growth while

20:11:16 we are trying to minimize the flooding.

20:11:18 It just doesn't make good sense.

20:11:20 >> I can give you this much.

20:11:22 When we did the modeling, and had the company to do

20:11:24 the modeling for this area, we did not do it such that




20:11:30 with the future intent of having this single family 50

20:11:34 with two houses on the lot.

20:11:35 So you can take that, now.

20:11:38 >> Say that again?

20:11:39 >>> Normally when we do modeling for the area drainage

20:11:42 systems, we do not anticipate that the neighborhood is

20:11:45 going to turn into RS-6 to to RM-50 and put two houses

20:11:50 on the lot.

20:11:50 >> That's what I'm trying to say.

20:11:52 When we decide what do we do to alleviate the problem

20:11:55 we were talk about it as it was.

20:11:57 We were not trying to collect it as we increase growth

20:12:01 there.

20:12:01 >>> Right.

20:12:02 >> So I think you and I are saying the same thing,

20:12:04 right?

20:12:05 >>> Pretty much.

20:12:05 >> Pretty much.

20:12:06 Absolutely.

20:12:06 That's what I'm saying.

20:12:07 We have to take care of the problem we are taking care

20:12:09 of before we more complicate it.




20:12:11 And that's what's happening.

20:12:12 And that's not to say that this is the only one.

20:12:14 Next week we may have somebody else on Paxton.

20:12:17 And I think that's Mr. Steenson's very point.

20:12:22 My position stands.

20:12:23 I think we're working against ourselves.

20:12:25 If it were just one isolated issue that's fine.

20:12:28 But let's see what the correction is in terms of

20:12:31 flooding and then talk about whether or not we want to

20:12:33 go from 60s to 50s.

20:12:37 Thank you, Alex.

20:12:39 >>MARY ALVAREZ: I'm going to support whatever motion

20:12:41 we make, and I will support. The way I see this is --

20:12:51 anybody else?

20:12:53 Okay, move to close.

20:12:54 >>GWEN MILLER: Motion and second to close.

20:12:55 (Motion carried).

20:12:57 >>MARY ALVAREZ: I think that the staff and the

20:13:00 Planning Commission recommended approval of this.

20:13:03 And I think they look at everything.

20:13:06 So I believe that we would be -- we would be putting

20:13:14 the blame on this guy that's trying to put up two




20:13:17 houses for exacerbating the problem that's already

20:13:21 there.

20:13:21 If we didn't have that we were going to go ahead and

20:13:26 fix this problem in the near future, then maybe I

20:13:29 could say, you know, you're right, let's not put any

20:13:31 more houses in there.

20:13:33 But to -- what's the word I want?

20:13:42 >>ROSE FERLITA: I don't know.

20:13:44 >>MARY ALVAREZ: What I'm saying is it's not their

20:13:47 fault.

20:13:48 No.

20:13:49 It's not not their responsibility at this point.

20:13:54 They are doing everything they can to put two nice

20:13:56 homes in this place.

20:13:57 And, again, if he weren't going to be -- if we weren't

20:14:03 going to be fixing it in the near future you're right.

20:14:05 But staff and Planning Commission recommend approval

20:14:08 so I am going make the motion we approve this.

20:14:10 >>GWEN MILLER: Motion and second for approval.

20:14:13 Mrs. Saul-Sena?

20:14:14 >>LINDA SAUL-SENA: I am going to speak against the

20:14:15 motion before us.




20:14:16 I think that we just heard from our staff discussing

20:14:19 stormwater saying that the $1.2 million we are

20:14:28 spending on solution is promised on RS-60 and we are

20:14:31 only making it worse by making it RS-50.

20:14:35 >>JOHN DINGFELDER: The second comment he made was --

20:14:39 >>LINDA SAUL-SENA: Well that was not clear.

20:14:40 The second comment was clear.

20:14:41 And I feel very strongly that the money we are

20:14:45 spending, the staff, after we are spending on the

20:14:48 things looking at protecting the development around

20:14:53 MacDill, by not making it more intense.

20:14:55 We all know about the transportation issues in this

20:14:59 area.

20:14:59 But most important, we heard from the extremely

20:15:02 eloquent Mr. Steenson, who clarified all the reasons

20:15:11 why the neighborhood association sun bay south voted

20:15:13 to not support this, and he spoke not only on his own

20:15:16 behalf for the organization but a number of his

20:15:18 neighbors saying that they do not support this

20:15:23 petition to go from RS-60 to RS-50.

20:15:27 So based on those conditions I will not support the

20:15:30 petition.




20:15:30 >>SHAWN HARRISON: I will not support it either.

20:15:32 I find it somewhat interesting, like Ms. Ferlita does,

20:15:37 that the number one priority for stormwater mitigation

20:15:39 was this street, and we are now adding to the problem.

20:15:44 We may be able to fix it with what we are going to do

20:15:47 and we may not.

20:15:48 That is yet to be seen.

20:15:49 I think Mr. Steenson's approach is right.

20:15:52 Let's do the fix and then let's see.

20:15:55 And if it does fix the problem, and I'm a skeptic that

20:15:59 it will, but if it does, then this petitioner can come

20:16:02 back and say, look, it worked, we can take a look at

20:16:05 it then.

20:16:05 So I'm not going to support it at this time.

20:16:09 >>GWEN MILLER: We have a motion on the floor to

20:16:12 approve.

20:16:13 All in favor of the motion say Aye.

20:16:16 Opposed, Nay.

20:16:17 >>THE CLERK: Motion failed.

20:16:21 Motion failed 5 to 2.

20:16:23 >>GWEN MILLER: We need to open item 10.

20:16:26 >>MARY ALVAREZ: So moved.




20:16:27 >> Second.

20:16:27 (Motion carried).

20:16:28 >>ROSE FERLITA: Can you tell me what the vote was

20:16:34 again and who voted?

20:16:37 >>GWEN MILLER: 5-2.

20:16:38 >>THE CLERK: 5-2.

20:16:41 Alvarez and Dingfelder for approval.

20:16:46 >>LINDA SAUL-SENA: So do we need to do an affirmative

20:16:49 motion for denial?

20:16:52 So moved.

20:16:52 >>MARTIN SHELBY: Why don't you do the motion first if

20:16:57 you can?

20:16:57 Is there a motion to deny?

20:16:59 >>JOHN DINGFELDER: Yes.

20:16:59 >>ROSE FERLITA: Second.

20:17:04 >>JOHN DINGFELDER: For all the reasons already put in

20:17:07 the record.

20:17:08 >> Second.

20:17:09 (Motion carried).

20:17:09 >>JOHN DINGFELDER: What was the vote?

20:17:13 >>THE CLERK: Motion carried with Dingfelder voting no.

20:17:16 >>ROSE FERLITA: That was the same, 5 to 2?




20:17:24 >>MARY ALVAREZ: I didn't vote for denial.

20:17:25 >>THE CLERK: Motion failed with Dingfelder and Alvarez

20:17:28 voting no.

20:17:28 >>ROSE FERLITA: Motion failed?

20:17:32 >>THE CLERK: Motion passed.

20:17:46 >> Move to open item 11.

20:17:49 >> Second.

20:17:49 [Motion Carried]

20:17:50 >>HEATHER LAMBOY: Land development.

20:17:51 I have been sworn.

20:17:52 The subject property is at 2121 West Cypress street

20:17:56 just north of the freeway on Cypress near Lois Avenue.

20:17:59 It's on the north side of the street.

20:18:02 As you can see by the aerial.

20:18:05 The area is located in the Westshore overlay.

20:18:10 There are single-family residences multiple multiple

20:18:13 and on the south side of the street a combination

20:18:15 office.

20:18:21 And just to give you pictures of the ground, across

20:18:26 the street is the veterinary clinic.

20:18:29 Another --

20:18:30 >>JOHN DINGFELDER: As a quick point of order.




20:18:34 We have cruel and unusual punishment to our folks on

20:18:37 Davis Island who have been waiting for item 17.

20:18:40 And I don't know what the plan B, making them wait

20:18:44 longer and longer.

20:18:44 Mr. Massey, were you able to contact Mr. Michelini?

20:18:48 >>MORRIS MASSEY: I placed a call to Mr. Michelini,

20:18:51 left him a message, to advise him that his request for

20:18:54 continuance had been denied by City Council, and that

20:18:58 the public hearing would go forward, and that if he

20:19:00 was not present at the time, council took the position

20:19:03 up, that that was grounds for denial, potentially. I

20:19:06 did not get through to him but I did leave that

20:19:09 message on his recorder.

20:19:10 >>JOHN DINGFELDER: Clearly, if he wants to raise a

20:19:14 procedural objection down the road, you know, he can

20:19:17 come back and do that.

20:19:18 But at this point in time, it's late in the evening,

20:19:21 these folks have waited patiently, he's obviously not

20:19:23 going to show up, his clients are not here, we have

20:19:27 grounds for denial.

20:19:28 Has the hearing been opened?

20:19:30 >>MARTIN SHELBY: This hearing is that you are in the




20:19:32 middle of this hearing --

20:19:34 >>JOHN DINGFELDER: The other one?

20:19:37 >>MARTIN SHELBY: Do you want to continue this hearing?

20:19:38 >>GWEN MILLER: Yes, because it's already open.

20:19:40 >>LINDA SAUL-SENA: We can continue it.

20:19:45 >>SHAWN HARRISON: This might go fast.

20:19:46 >>JOHN DINGFELDER: 17 is already continued so it's

20:19:50 already open.

20:19:51 >> Now for the purpose of the record do you want to

20:19:53 continue this and go back to that one or finish

20:19:56 hearing this one and then take action on that?

20:19:58 >> No.

20:19:58 Let's just continue this for a second.

20:20:00 Move to continue this for a minute or two.

20:20:04 >> Second.

20:20:04 (Motion carried).

20:20:06 >>MARTIN SHELBY: Now recall number 17?

20:20:08 >>GWEN MILLER: Number 17.

20:20:09 Mr. Massey?

20:20:13 >>MORRIS MASSEY: I have been sworn. I did call Mr.

20:20:16 Michelini's cell phone to advise him that his request

20:20:19 for continuance had been denied, and that if he or




20:20:23 someone else from his client do not show up tonight

20:20:27 that his case would be going forward and that would be

20:20:29 grounds for denial by City Council.

20:20:31 I left that message.

20:20:32 I did not speak with him directly.

20:20:37 But I left that message.

20:20:37 And it was approximately two hours ago when I made

20:20:37 that phone call.

20:20:41 >>ROSE FERLITA: I think we are going the extra mile to

20:20:44 do this.

20:20:46 If this is a perfect -- appropriate time to move for

20:20:50 denial I'll be glad to do that.

20:20:51 >>GWEN MILLER: Motion and second for on number 17.

20:20:55 (Motion carried).

20:20:56 >>MARY ALVAREZ: Move to open number --

20:21:00 >>GWEN MILLER: It's already a continued public

20:21:02 hearing.

20:21:06 >>LINDA SAUL-SENA: Thank you for your patience.

20:21:12 >>HEATHER LAMBOY: This is the second property that

20:21:33 he's proposing to renovate.

20:21:36 The tree on-site would be retained.

20:21:42 This is a house just to the west, a second property.




20:21:47 There is an office use in this house to the east of

20:21:49 the subject property and across the street is an

20:21:57 office building, also a mixture of single family

20:21:59 houses, too.

20:22:01 The existing structural through the enclosure of the

20:22:04 existing carport, 1500 square feet of office space.

20:22:08 The petitioner is proposing 6 parking spaces at the

20:22:11 rear of the building to serve the office.

20:22:13 As I said before, it's located in the Westshore

20:22:16 overlay, and the one concern or one way it would be

20:22:22 required which is not permitted according to the

20:22:24 Westshore standard, wood fences are not permitted in

20:22:28 the Westshore district.

20:22:29 Masonry walls are required.

20:22:30 The petitioner is requesting a waiver in order to keep

20:22:32 the residential character of the area he would rather

20:22:36 have with a fence that surrounds the property.

20:22:42 And the petitioner has addressed my objection that I

20:22:45 had previously stated, a statement of compliance to

20:22:48 the Westshore overlay standards.

20:22:50 He has added a note to that section.

20:22:52 He's added the waiver request as well.




20:22:54 And that concludes staff's comments.

20:22:56 >>LINDA SAUL-SENA: I have a quick question.

20:23:00 How many parking spaces are required?

20:23:02 This structure is only 1500 square feet.

20:23:07 Is he required to have six spaces?

20:23:10 >> 3.3 per 1,000 square feet.

20:23:14 >> So it would be like four?

20:23:16 >> So I would go conservative and say five not having

20:23:19 done the calculations.

20:23:22 >>LINDA SAUL-SENA: It just strikes me if you look at

20:23:25 the site it's like at least 50%, just driveway and

20:23:28 parking spaces that look like they are not necessary.

20:23:35 >> Particularly to the residential to the back.

20:23:37 But also did he address lighting in the site plan?

20:23:39 >> The petitioner has not addressed lighting on the

20:23:42 site plan, no.

20:23:46 >>MICHELE OGILVIE: Planning Commission staff.

20:23:55 I have been sworn in.

20:23:57 Planning Commission staff reviewed the request as seen

20:24:00 on the overhead.

20:24:01 The land use designation to separate intensity of uses

20:24:06 between the residential single family to the north of




20:24:13 Carver City Lincoln Gardens keeping intrusion of

20:24:16 commercial activity to the busier street and the edges

20:24:18 of the neighborhood.

20:24:20 Planning Commission staff, the request to RO 1 was

20:24:25 compatible with the existing uses and trend along

20:24:28 Cypress, and cited policies within the comprehensive

20:24:31 plan in our staff report indicating consistency with

20:24:35 the comprehensive plan.

20:24:36 We do not object to the rezoning request.

20:24:41 >>GWEN MILLER: Petitioner?

20:24:44 >>> My name is Randy Coen, I have been sworn.

20:24:50 I am both the applicant and the owner of the property

20:24:52 and hopefully this will become my office in the near

20:24:55 future.

20:24:56 Let's talk about parking spaces first.

20:24:58 Code would require five spaces on this particular

20:25:00 parcel of land, one of them being handicapped.

20:25:02 I propose five spaces and one handicapped space.

20:25:05 The reason being, I will have four employees with me

20:25:07 at this location.

20:25:08 I need to be able to park five cars.

20:25:11 None of those individuals are handicapped.




20:25:12 That's why I have asked for six spaces.

20:25:16 Regarding the fence.

20:25:16 I did not take this decision lightly to ask for this

20:25:19 waiver.

20:25:20 As you know, I have been involved in Westshore a very

20:25:22 long time.

20:25:23 I have been a partial author of the Westshore overlay

20:25:27 district, as a matter of fact.

20:25:28 I have talked to a number of people in the

20:25:29 neighborhood.

20:25:30 I have talked to as well the president of the civic

20:25:33 association, Ms. Wirily.

20:25:35 No objections from anyone regarding this particular

20:25:37 project.

20:25:37 The reason I proposed wood fence is the property to

20:25:43 the rear, as well as RO 1 to the east and west all

20:25:46 have wood fences.

20:25:47 I would like to do something that's compatible to the

20:25:49 neighborhood and blend into the neighborhood.

20:25:51 That's why I proposed to do a wood fence as opposed to

20:25:54 put a masonry fence on the back wall.

20:25:56 However, what I have proposed is a very substantial




20:26:00 wood fence.

20:26:01 You will notice it's shadow box and has a great deal

20:26:06 of detail to the.

20:26:06 The posts are 6 by 6 rather than 4 by 4.

20:26:09 This is by no means an inexpensive fence.

20:26:13 My other hope is by putting this fence in some of the

20:26:16 other folks may choose to take down their older wood

20:26:19 fences and actually enjoy the better fence.

20:26:21 Currently there is not only six foot wood fences on

20:26:25 all sides of my property in the rear but there's also

20:26:26 a 6-foot chain link fence as well and various things

20:26:30 going between the wood fence and the chain

20:26:31 lymphadenectomy fence so I'm hoping by proposing

20:26:34 something, it's not an ugly block wall and it's

20:26:36 something that that in fact will encourage the

20:26:38 neighbors to perhaps enjoy a better looking fence than

20:26:40 what they have today.

20:26:41 There will be no rear to the fence because it will

20:26:43 have the same finish on both sides.

20:26:45 So that'sive asked for that waiver.

20:26:47 I do not have a note for the plan involving external

20:26:51 lighting because I did not plan to have any external




20:26:53 lighting whatsoever.

20:26:54 I will make a statement if for some reason there is

20:26:56 any lighting on this property it will comply with the

20:26:58 Westshore district overlay.

20:27:00 And with that I'm glad to answer any questions you may

20:27:02 have.

20:27:03 >>GWEN MILLER: Questions by council members?

20:27:05 >>LINDA SAUL-SENA: What are you doing for signage?

20:27:08 Very small sign?

20:27:09 >>> Very small and it will be according to the

20:27:11 overlay, by all means.

20:27:13 >>GWEN MILLER: Is there anyone in the public that

20:27:14 would like to speak to item number 11?

20:27:17 >>MARY ALVAREZ: Move to close.

20:27:19 >>LINDA SAUL-SENA: Second.

20:27:20 (Motion carried).

20:27:21 >>GWEN MILLER: Number 10.

20:27:26 Do you have it?

20:27:27 >>SHAWN HARRISON: Missouri I move an ordinance

20:27:32 rezoning property in the general vicinity of 4121 best

20:27:35 Cypress Street in the city of Tampa, Florida and more

20:27:37 particularly described in section 1 from zoning




20:27:39 district classifications RS-50, residential single

20:27:43 family to R -- 1 residential office providing an

20:27:46 effective date.

20:27:46 >>GWEN MILLER: Motion and second.

20:27:48 (Motion carried).

20:27:49 >>MARY ALVAREZ: Move to open 11.

20:27:53 >>LINDA SAUL-SENA: Second.

20:27:53 (Motion carried).

20:27:54 >>SHAWN HARRISON: I need to read a disclosure into the

20:27:59 statement regarding Z 05-12 -- 172. I am a one-third

20:28:05 property in Franklin properties LLC which owns real

20:28:09 property subject next to the subject parcel.

20:28:12 I have been advised by counsel that that presents a

20:28:15 conflict of interest in me so I will not be taking

20:28:17 part in this.

20:28:18 Although I would like to have a seat in the audience,

20:28:20 Mr. Shelby, if that's all right.

20:28:36 >>HEATHER LAMBOY: Land development.

20:28:57 I have been sworn.

20:28:58 The subject site at 1111 North Franklin Street is the

20:29:03 entire block that is between Franklin and Florida, and

20:29:06 royal and Harrison.




20:29:08 The site is on CBD-1.

20:29:12 Petitioner is requesting central business district 2

20:29:14 zoning. This is an aerial.

20:29:17 Of the site.

20:29:19 There's an existing one-story office building on the

20:29:21 site.

20:29:23 And parking.

20:29:23 >>JOHN DINGFELDER: What's the difference between CBD1

20:29:31 and 2?

20:29:32 >>> 1 has a height limitation of 100 some feet.

20:29:35 I think 120.

20:29:37 120 feet.

20:29:38 And CBD2 does not have a height limitation.

20:29:43 When I visited the site, I want to point out to the

20:29:46 council that the site has high visibility not only

20:29:48 from the adjacent buildings but also as one goes up

20:29:53 Florida Avenue, this is the view from the police

20:29:56 building, approximately, at the juncture whereof

20:29:59 Florida turns, going towards the freeway.

20:30:03 You will see this building rise up in front of the

20:30:07 building there.

20:30:08 This is the interesting building on the site.




20:30:17 This is a view of Franklin.

20:30:19 A view of the church across the street.

20:30:21 Directly across the street, the Methodist place

20:30:24 towers.

20:30:25 A view of the parking lot and adjacent development

20:30:28 proceeding under CBD1 regulations.

20:30:31 A view of the landmark building to the north of the

20:30:33 site.

20:30:34 A view of the landmark building to the north of the

20:30:38 site.

20:30:38 Adjacent construction.

20:30:41 And a view south on Florida Avenue.

20:30:44 And a view of the lot.

20:30:51 The petitioner is requesting two waivers to reduce the

20:30:54 number of waivers from 4 to 2 and reduce the drive

20:30:58 aisle from 26 to 44 feet the entire block is a half

20:31:03 acre approximately.

20:31:04 And has high visibility as I stated previously.

20:31:10 The building is proposed to be 24 stories maximum of

20:31:13 290 feet high and it will be a mixed use.

20:31:16 The uses include 12,765 feet of retail located

20:31:20 primarily on the ground floor.




20:31:29 131,000 square foot parking area.

20:31:32 The building will also contain 182 dwelling units.

20:31:36 The unit includes 61 one bedroom units, 20 penthouse

20:31:42 units.

20:31:43 The building's primary orientation is to Franklin

20:31:46 Street on the Hillsborough River.

20:31:47 And let me put the elevation up.

20:31:54 The architect will get into this in more detail.

20:31:57 There will be 29-foot sidewalk along the elevation in

20:32:02 order to continue the pedestrian friendly character of

20:32:04 Franklin Street, a 12-foot sidewalk has been provided

20:32:06 along Florida Avenue.

20:32:08 The side elevation has been adorned with pedals.

20:32:14 The northern east elevations have open garage as part

20:32:18 of the space.

20:32:22 Do that with this elevation.

20:32:25 And staff recommendations that treatment for these

20:32:27 elevations conceal the utilitarian functions as well

20:32:33 and improve the appearance of the elevation especially

20:32:33 considering that there's landmark buildings

20:32:36 immediately adjacent.

20:32:39 The sticking points in reviewing this particular --




20:32:43 not particularly objections but the petitioner has

20:32:45 requested to cap the open space or the space

20:32:47 underneath the covered area as open space.

20:32:51 The code reads that can be considered by the

20:32:56 council -- and I have that listed here.

20:32:59 >>LINDA SAUL-SENA: Could you show where that is on the

20:33:01 picture?

20:33:04 >>HEATHER LAMBOY: Yes.

20:33:05 Let me go digging.

20:33:09 Petitioner wants to consider this open space.

20:33:21 This is a porch type of area.

20:33:26 And this is a covered sidewalk area, along the

20:33:31 Franklin Street mall.

20:33:38 In order for that to be considered public, it has to

20:33:40 be a public activity center and the petitioner has

20:33:43 made it absolutely clear, and I have had long

20:33:45 discussion was petitioner about this, probably be a

20:33:49 public activity center as defined by the code.

20:33:51 In addition, staff is concerned even though the

20:33:54 petitioner has stated a statement of compliance to the

20:33:58 public art program, no place for that public art has

20:34:01 been identified on the site plan.




20:34:03 And staff would like to ascertain that this petitioner

20:34:07 does have intents on committing to this public art

20:34:11 requirement.

20:34:12 The transportation objections were removed with this

20:34:16 much recent site plan.

20:34:17 And the solid waste objection was removed as well

20:34:20 because the petitioner placed a note on the site plan

20:34:25 committing to meeting solid waste standards.

20:34:29 And in addition, I would just like to point out that

20:34:31 the petitioner has pledged to the construction of a

20:34:33 downstream storm center for water quality enhancement,

20:34:38 and with that, I will conclude my comments.

20:34:41 >>JOHN DINGFELDER: I have a question.

20:34:47 Morris, maybe this is more for you.

20:34:48 Have you seen this?

20:34:55 These are submitted for illustrative purposes only,

20:34:58 should be determined during the design development

20:35:00 review.

20:35:08 >>KEVIN WHITE: And it has a picture of Mr. Harrison on

20:35:10 the phone working.

20:35:14 >>JOHN DINGFELDER: How should we take that?

20:35:16 Usually when I look at a drawing like this I would




20:35:18 hope I could rely on it to be definitive of what this

20:35:23 building is going to be looking like.

20:35:24 >>MORRIS MASSEY: Only that -- obviously that language

20:35:29 is there to allow some Leeway, and allowing them to

20:35:32 make some changes to it.

20:35:36 Wilson may be -- Wilson may be better on how to review

20:35:43 this because you are the one that did the reviewing

20:35:45 compliance with all the requirements in the central

20:35:48 business district.

20:35:48 But if you're expecting the building to look exactly

20:35:50 like this drawing is looking, looks like, I'm not sure

20:35:54 you can rely upon that given that language.

20:35:57 And you may want to beef that up.

20:36:04 >>> Wilson Stair, urban development department.

20:36:06 I have been sworn.

20:36:09 In this particular case, we are going to require --

20:36:14 and they have it on the site plan -- that they will go

20:36:16 through the 30, 60 and 90 percent reviews.

20:36:22 We have got to work with them on making the parking

20:36:25 garage more aesthetic, and interrelate with the

20:36:30 building in the future.

20:36:32 And so that's why they probably have that statement on




20:36:36 there.

20:36:37 But there are always areas that we need to work with

20:36:44 them and modify as they go along that they haven't

20:36:47 quite worked out at this point.

20:36:49 And that's why the statement is there.

20:36:59 >>LINDA SAUL-SENA: How long have you been working with

20:37:00 the petitioner on this proposal, Mr. Stair?

20:37:04 >>WILSON STAIR: It seems like we have been working

20:37:06 roughly three months.

20:37:10 >> Have you brought up the issue of the parking, just

20:37:14 the parking that is unachieved prior to now?

20:37:20 >>> Yes.

20:37:20 >> And what did they say?

20:37:22 >>> They assured me that they were going to work with

20:37:25 it.

20:37:25 But they hadn't had it worked out at that particular

20:37:29 time.

20:37:29 >>LINDA SAUL-SENA: Thank you.

20:37:33 I have a question.

20:37:34 I have a question for staff before we go any further

20:37:36 on this particular point.

20:37:38 I will have other council members remember the Newks




20:37:42 building.

20:37:42 Remember there was going to be a condo built where

20:37:45 nuke's is and there was supposed to be a parking ramp

20:37:47 that went around the grand tree but when they got down

20:37:51 to designing it they figured they had miscalculated

20:37:54 and the tree was history.

20:37:55 And my concern is not that there is a grand tree on

20:37:57 the site but if we approve this now and put it in

20:38:00 staff's hands, sometimes staff is put in a tough

20:38:03 position, where the petitioner, you know, Mr. Stair

20:38:09 asked me, you have to come up with something better.

20:38:11 What if they don't come up with something better? I

20:38:13 want to be reassured that the parking is not going to

20:38:16 look like this raw parking, it looks terrible, it

20:38:20 needs to be shielded, and we need to have some kind of

20:38:24 substantive commitment that will kick back to counsel

20:38:29 or something, if staff isn't happy with it.

20:38:31 I guess maybe this is a Morris Massey question, or a

20:38:35 Heather question, I don't know.

20:38:36 I'm just concerned that if council would approve this

20:38:39 now, with concerns that we would have enough -- how

20:38:46 can I say this?




20:38:47 Mr. Stair, whose taste I absolutely trust him

20:38:52 completely, he's an urban designer, but he's under the

20:38:56 economic development department that wants things to

20:38:58 happen.

20:38:59 And they are less concerned with urban design than

20:39:02 perhaps council and the community are.

20:39:03 And I just want to make sure if something doesn't meet

20:39:06 standards that there is an ability for council to

20:39:09 weigh back in on it or for you to have enough teeth to

20:39:13 say stop, cease and desist until you have a better

20:39:17 design.

20:39:17 I'm really concerned about this because this is just

20:39:19 one of many that you will come to us with this 30, 06,

20:39:23 90 days.

20:39:24 >>WILSON STAIR: That's a very good point.

20:39:27 Just so council knows, that once the agreement goes on

20:39:31 the site plan, and they can come back -- and I know it

20:39:36 does put staff in a very tough position.

20:39:40 But if they do not come forth with the improvement

20:39:45 that we ask for, then I'm assuming that it comes back

20:39:50 to City Council.

20:39:52 >>LINDA SAUL-SENA: Let's clarify that.




20:39:57 That's a question for legal.

20:39:58 >>MORRIS MASSEY: If it's council's desire tone sure

20:40:01 that the parking garage is screened and treated

20:40:03 somehow, I think we could add a note to the site plan

20:40:06 that states that.

20:40:07 It doesn't have to be graphically depicted on the

20:40:11 drawing per se.

20:40:12 But by putting a note on the site plan saying that all

20:40:15 faces of the parking garage must be screened and

20:40:17 treated in a manner so that you don't have -- I'm

20:40:25 maybe not stating the language quite right but there's

20:40:27 some treatment external to the garage that will shield

20:40:31 it and then has to be reviewed by urban design for

20:40:33 compliance.

20:40:34 >> But I'm saying if it doesn't meet urban design's

20:40:37 comfort level, that urban design has the power to say,

20:40:43 you know, to trigger some kind of review.

20:40:47 I don't want urban design to be in a position of

20:40:49 having to accept something that's mediocre.

20:40:51 And this is no reflection on this building, which is

20:40:54 very lovely and it's going to be great.

20:40:55 But in the past, we have had situations like the




20:40:58 Newk's building where suddenly things get to the

20:41:01 actual design stage and it isn't acceptable to staff,

20:41:04 and they are squeezed into having to accept it.

20:41:07 And it doesn't come back to us.

20:41:08 And I don't want city staff to be in that position.

20:41:11 I want council to be able to come back and, you know,

20:41:15 make what's proposed be high enough quality.

20:41:18 >>MORRIS MASSEY: It would have to be treatment

20:41:23 acceptable to urban design and if it's not then it

20:41:24 would have to come back to you all.

20:41:26 >> How do you trigger that?

20:41:29 >>> If Wilson says, as the urban design person for the

20:41:32 City of Tampa, states that it is unacceptable

20:41:35 treatment of the facades of the garage.

20:41:39 Obviously, the more definitiveness you can put in the

20:41:42 condition, you know, and work with the developer, the

20:41:45 better I think for everyone to understand what we're

20:41:48 talking about.

20:41:49 And what standard that Wilson should be applying to

20:41:51 that.

20:41:52 I think what I'm hearing council say is they want a

20:41:55 note on the site plan saying all facades of the garage




20:41:58 will be screened and from will be some treatment and

20:42:00 that will have to be reviewed by urban design and must

20:42:03 be acceptable urban design.

20:42:06 I will defer to the developer to -- obviously they

20:42:09 need to speak to that, that issue.

20:42:11 But, you know, that is something that we could craft

20:42:14 and add to the site plan as a condition of the site

20:42:15 plan tonight.

20:42:20 >>MICHELE OGILVIE: Planning Commission staff.

20:42:24 The regeneration of our downtown continues.

20:42:28 It is a -- City of Tampa's downtown is a high activity

20:42:33 center within the region, within Hillsborough County,

20:42:38 our other two jurisdiction versus nothing to compare

20:42:40 with our downtown.

20:42:42 This development will continue to support some of the

20:42:45 infrastructure that we put in to place as we emerge as

20:42:49 a growing urban and regional area, with Pinellas, with

20:42:57 Hernando, with Polk, with Pasco.

20:42:59 We are growing constantly.

20:43:01 Of course you know that.

20:43:02 We have cited many policies in the comprehensive plan

20:43:06 that support this request.




20:43:07 We support the regeneration activity that is being

20:43:10 suggested and for your approval this evening.

20:43:14 We do not object to the rezoning.

20:43:16 And I have been sworn in, Mr. Shelby.

20:43:22 >>KEVIN WHITE: I think she's been under the impression

20:43:24 she's been sworn all night.

20:43:29 >>> Good evening.

20:43:30 I'm Harry hedges.

20:43:32 I have been sworn in. I live on MARMORA but it's

20:43:35 just a coincidence.

20:43:39 Florida properties which has Franklin Harrison as one

20:43:42 of its properties has put together a professional

20:43:46 team.

20:43:47 We have worked with the land owners, almost all of

20:43:51 them.

20:43:51 Some we couldn't approach.

20:43:52 And have gotten support from them, which you will hear

20:43:55 from our staff of professionals.

20:43:57 Pete Keratonsa, Randy Coen, Mark Gentry, Jeff

20:44:05 Blidenburg our architect and certainly David Mechanik.

20:44:10 One of the things that I emphasized from the beginning

20:44:13 of this was the sensitivity to the community.




20:44:18 When you look at this property, you will see that we

20:44:23 surrendered quite a bit of the property to make sure

20:44:25 the portion on Franklin Street blended with the

20:44:29 community.

20:44:30 We didn't bring a tower up right on Franklin Street.

20:44:34 We compromised our units to give that effect.

20:44:38 And I think over all, the people that we have gotten

20:44:42 support from have been very pleased with that.

20:44:45 Our goal was to bring a retail, residential and

20:44:49 commercial to North Franklin Street.

20:44:53 And focus on working, living and entertainment all

20:45:00 within that area.

20:45:03 Part of our commitment to the arts, this property, as

20:45:06 you know, you can walk to the Tampa theater, you can

20:45:10 walk to the Performing Arts Center, you can walk to

20:45:12 the library.

20:45:13 We have under construction in another project a

20:45:16 restaurant right across the street.

20:45:18 It's theme is historic culture.

20:45:21 And arts.

20:45:22 And the operator is committed to the arts.

20:45:26 You will see renderings that show some colored prints




20:45:32 on part of the garage.

20:45:35 These are solar panels.

20:45:38 I'll let our architects discuss that.

20:45:39 We are trying to take advantage of the materials and

20:45:42 cost savings that will complement our commitment to

20:45:47 Tampa.

20:45:48 I've lived here for 35 years.

20:45:50 And quite involved in the community.

20:45:55 And with that, we are going to keep it brief so you

20:45:58 all have the time to ask us questions.

20:46:00 With that I'm going to turn it over to David Mechanik.

20:46:03 Thank you.

20:46:05 >>DAVID MECHANIK: Good evening.

20:46:06 David Mechanik, 305 south Boulevard, Tampa, Florida.

20:46:10 Here on behalf of the applicant, Mr. Hedges, Franklin

20:46:15 Harrison LLC.

20:46:17 Just as a housekeeping matter, I'd like to enter into

20:46:20 the record some letters of support from adjacent and

20:46:25 nearby property owners, Franklin Street developers,

20:46:28 LLC, which are Lou Prida and Andreas Prida in support

20:46:35 of the application, and Mr. Rus Fersagi, manager of

20:46:40 partners, LLC Fortune Street Properties, and Martina




20:46:46 Mortgages, Tom Martino, president.

20:46:48 And I will enter these into the record and pass out

20:46:51 copies to council members.

20:47:05 I must acknowledge I am a perennial violator of the

20:47:08 rule of not acknowledging that I have been sworn.

20:47:12 I have been sworn.

20:47:13 I was sworn all the previous times that I didn't say

20:47:16 that I was.

20:47:17 >>ROSE FERLITA: The real violator is the person that

20:47:19 gave him that hat.

20:47:20 >>DAVID MECHANIK: I was thinking of getting one myself

20:47:24 that is saying "i have been sworn."

20:47:27 (Laughter).

20:47:30 To speak to the issues that have been raised so far,

20:47:36 we would be more than happy to add a condition as

20:47:38 suggested by Ms. Saul-Sena.

20:47:40 We understand this is an iterative process, and if we

20:47:47 in fact cannot satisfy and resolve any concerns by

20:47:50 Wilson, we are more than happy to then go back in

20:47:54 front of City Council.

20:47:56 I would like to say that that really also speaks to

20:47:59 two other comments that Heather made, and they were




20:48:02 not per se objections but comments, that we didn't

20:48:05 address the public activity areas within the open

20:48:09 space, that is what are we going to have there:

20:48:14 Benches, chairs, fountain, plants, that kind of thing.

20:48:17 And that's simply because ware not at that stage -- we

20:48:21 are not at that stage, and similarly way haven't

20:48:24 identified the location or the type of public art and

20:48:27 those were both comments that Heather made.

20:48:28 And these are all things that we would develop during

20:48:31 the design, review, and the architect will speak to

20:48:35 these in more detail.

20:48:36 But as you can imagine, a building of this magnitude

20:48:40 and significant, you know, just the design alone will

20:48:44 cost hundreds of thousands of dollars, and I may be

20:48:49 underestimating Pete and I have have a different

20:48:52 figure in mind but the point is that you can't go

20:48:55 through that rigorous design process during the

20:48:57 rezoning process, and we will be doing that, presuming

20:49:01 that this application is approved, we will be going

20:49:02 through that design process with the design review,

20:49:08 and we will be developing all of the details,

20:49:11 including the parking fa is a as well.




20:49:15 -- facade as well.

20:49:16 But people will address that in one second.

20:49:18 And that addresses Mr. Dingfelder's comment about the

20:49:21 illustrative site plan, or the illustrative drawings.

20:49:25 The site plan itself does not have that note.

20:49:27 That is a firm drawing and we have all the notes, and

20:49:30 the commitment, including the obligation to comply

20:49:33 with all of the downtown design standards.

20:49:37 We put on that illustration, or the note about the

20:49:41 illustrative site plan, after discussing the matter

20:49:44 with Wilson, because we were not at the detail stage

20:49:48 sufficient to say that this was the absolutely

20:49:50 definitive final design.

20:49:52 But we are perfectly happy to go through the process

20:49:54 with Wilson, and then if we have not resolved it, come

20:49:57 back before council.

20:49:59 One final point regarding the open space, and Pete

20:50:05 will address this in more detail.

20:50:06 We believe the open space area we proposed which is

20:50:09 under an overhang under the building is a very quality

20:50:13 space, and because of the hot temperatures in Florida,

20:50:17 and the inclement weather in terms of rain, we feel




20:50:20 that this open space can be as high or better quality

20:50:24 than open space without overhang above that.

20:50:28 And so we think that the warrants your favorable

20:50:31 consideration.

20:50:32 With that, I would ask Mr. MESSINAS --

20:50:40 >>ROSE FERLITA: I just want to comment when you say I

20:50:44 still consider that open space.

20:50:45 I think the overhang gives it a little extra

20:50:47 protection but, just my opinion.

20:50:50 >>DAVID MECHANIK: That was our position, and we are

20:50:53 saying in fact we think it's actually more attractive

20:50:55 as open space in that it's more usable and more

20:50:58 tolerable, and again Pete MESSINAS will speak to that.

20:51:05 Thank you.

20:51:08 >>> Good evening.

20:51:08 My name is Pete, 2910 west Bay to Bay Boulevard.

20:51:13 I have been sworn.

20:51:14 I will try to be brief.

20:51:16 You have seen a number of the drawings that we

20:51:17 produced for this project.

20:51:20 Just very quickly.

20:51:25 I have just oriented you again.




20:51:28 In the downtown area, to the north of downtown,

20:51:31 there's our site.

20:51:34 Bounded by Franklin, Florida, royal, and Harrison

20:51:38 street.

20:51:46 A larger view of that site.

20:51:47 There we are again.

20:51:49 You can see Tampa road here.

20:51:51 Franklin.

20:51:52 And Florida.

20:51:53 And then royal and Harrison.

20:51:57 It's quite a significant site in our opinion in terms

20:51:59 of its location, and particularly this location on

20:52:06 North Franklin and how that whole area is intended to

20:52:10 be developed.

20:52:11 I don't know if you can see this, if you can't, I will

20:52:14 be happy to provide drawings for this.

20:52:16 This is an oblique view.

20:52:18 There's our building here.

20:52:19 The proposed building here.

20:52:21 The proposed developments on the Kress block, and

20:52:24 surrounding areas, you can see the federal courthouse

20:52:27 right there, closer view of that is the building and




20:52:32 the height.

20:52:35 Work with the surrounding areas, both in existing and

20:52:39 proposed projects.

20:52:47 The grand floor of the building, with Franklin Street

20:52:52 here, Harrison, Florida, and royal.

20:52:55 You can see that we have a significant amount of space

20:52:59 on the Franklin side, keeping the building away from

20:53:01 there, and developing as you will see in further

20:53:05 drawings I will show you developing a partially

20:53:08 covered arcade to emulate what was on Franklin Street

20:53:14 in terms of covered arcade, and also it's coming back

20:53:18 now, the red area is intended retail.

20:53:24 We have about 300 linear feet of retail on the site

20:53:27 plan.

20:53:28 The lobby of the tower here and then the lobby of the

20:53:32 city residents -- and I will explain in a minute --

20:53:35 the city is on Franklin and entrance to the parking

20:53:41 garage over Harrison and then the service area for the

20:53:44 loading docks and the solid waste dumpster.

20:53:57 The plan for the base of the building, these are the

20:54:00 city homes.

20:54:01 They are the homes that are adjacent to Franklin,




20:54:04 accessed by the lobby that I showed you earlier and

20:54:06 then a typical parking plan.

20:54:08 The intent of the city homes is people park outside

20:54:12 their homes and just walk right in.

20:54:23 The top of the base with the amenity deck, the pool,

20:54:27 the spa, and more residences at that level.

20:54:30 Access by the tower, lobby.

20:54:40 >>JOHN DINGFELDER: Pete, the city homes, are they on

20:54:43 the second and third floor?

20:54:45 >>> Actually on the second to 8th floor.

20:54:48 And I'll explain that.

20:54:51 It will be a little easier to explain that on the

20:54:53 perspectives when I show you that.

20:54:55 And then here's the plan of the entire floor.

20:55:02 As Ms. Lamboy said, we kept the to you area way from

20:55:05 Franklin, closer to Florida, and with the views,

20:55:11 maximizing the views but also keeping the mass away

20:55:13 from Franklin.

20:55:17 And so the tower will be in that location.

20:55:27 And I will show you a blowup of this area in just one

20:55:30 minute so we can discuss it.

20:55:31 But the intent is to have the base of this, where the




20:55:35 city homes are, in scale with everything else on

20:55:39 Franklin, and not overpower the street and then keep

20:55:41 the tower back on the street that is busier and faster

20:55:46 and so forth.

20:55:47 We are beginning to -- and really commit to work with

20:55:51 Wilson as we have in the past on other projects, to

20:55:55 come up with all of the issues that you addressed in

20:55:57 terms of the parking and so forth.

20:55:59 But we are beginning to indicate some treatment.

20:56:03 The intent would be to actually wrap the base, to in

20:56:08 some cases emulate what the city homes would be doing.

20:56:11 And if I can show you this for a second, and please do

20:56:16 not get hung up on the colors.

20:56:18 The colors don't mean anything at this point.

20:56:20 You will see that this is actually the Franklin Street

20:56:31 elevation.

20:56:34 This is the Harrison street elevation.

20:56:36 And the intent there was, as the developer has

20:56:39 instructed us to make this building as energy

20:56:42 efficient as we can, we are at least indicating at

20:56:46 this point that these might be actually covering that

20:56:52 part of the parking garage.




20:56:53 The exposure is the right exposure for generating

20:56:55 energy.

20:56:56 As you come around the corner on Florida, and again,

20:57:06 the intent in the beginning stages of designing this

20:57:08 is to again bring some of the brick around that would

20:57:12 be on the Franklin facade and then begin to emulate

20:57:16 some of the balconies of the tower as a way of

20:57:21 screening the garage.

20:57:21 Now these are early design ideas, obviously.

20:57:24 But we have begun thinking about how to shield the

20:57:28 garage.

20:57:28 The intent is not to do a Bank of America garage, or

20:57:32 any of those types of things.

20:57:35 And then coming on Royal Street is the intent to have

20:57:39 similar treatment.

20:57:40 So we are beginning to think about that and we will

20:57:42 continue to do that as we work with Wilson.

20:57:53 The facade looking from Harrison and royal, you see

20:57:57 now the tower there, and as I said, the treatment of

20:58:02 this and the treatment of the other facade will begin

20:58:04 to emulate the base.

20:58:08 Actually it reads as the base and the tower.




20:58:10 As we go forward.

20:58:11 Let me point out a couple of details on actually the

20:58:21 retail floor.

20:58:22 This is the corner of Harrison and Franklin.

20:58:25 And so the idea is to create a covered arcade, almost

20:58:31 two and a half stories, where the retail facades are

20:58:36 very transparent.

20:58:38 There's color.

20:58:39 There's animation.

20:58:40 There's the ability to have outdoor seating for people

20:58:43 that enjoy that space and to protect it from the

20:58:45 elements as opposed to not.

20:58:48 But you can see that this becomes quite a favorable

20:58:53 treatment of Franklin at that point.

20:58:56 The intent would be to animate it.

20:58:59 And as we go forward in the design of this, here's

20:59:05 some examples of some of the elements that we are

20:59:07 going to begin to look at, introduction of materials,

20:59:10 the intent is to have the building, family of colors,

20:59:16 and materials, the intent is to have, for instance,

20:59:21 balustrades that the view can be enjoyed but they are

20:59:24 not imposing on the side of the building and the




20:59:26 ability to have, as I said, outdoor seating in that

20:59:33 location.

20:59:39 That concludes my remarks.

20:59:53 >>LINDA SAUL-SENA: It appears that Florida is okay

20:59:55 because really there's no entryway.

20:59:57 Maybe I'm reading it wrong.

20:59:58 Could you explain what the pedestrian experience is

20:59:59 going to be on Florida?

21:00:14 >>> This is the Florida elevation.

21:00:17 This is the detail at the ground level of Florida.

21:00:20 As you can see, the sidewalks are fairly deep.

21:00:25 Sidewalks in Florida, 13-foot sidewalks on Harrison.

21:00:28 Of course we have 29 and 30 feet on Franklin.

21:00:30 And then 10 feet on Royal.

21:00:34 And this element here is the drop-off, for people to

21:00:38 drop off for people that are going into the tower.

21:00:42 >>LINDA SAUL-SENA: So Florida will be not opaque but

21:00:44 transparent, there will be doorways.

21:00:47 >>> Correct.

21:00:47 Yes, I don't know if you can see the detail of this.

21:00:49 But I will be happy to set the drawing up.

21:00:53 The bottom of it, you see it.




21:01:02 I know I'm biased, but I think this is -- I mean, if

21:01:06 we can pull this off, it will be quite a good addition

21:01:10 to the skyline of Tampa.

21:01:16 >>GWEN MILLER: Any questions?

21:01:18 Is there anyone in the public that would like to speak

21:01:20 on item number 11?

21:01:24 >> Move to close.

21:01:25 >> Second.

21:01:25 >>CHAIRMAN: Motion and second to close.

21:01:27 All in favor say Aye.

21:01:28 >>LINDA SAUL-SENA: Wait, wait, wait.

21:01:33 You know the thing to add about the parking, the

21:01:36 screening?

21:01:38 What we could do, Heather wrote it up.

21:01:42 We could take what she's written up.

21:01:44 >> Let me read something I have written and it's on

21:01:47 the plan and I will give to the Heather to put on the

21:01:50 plan.

21:01:50 All facades of the parking garage shall be screened,

21:01:53 treated and architecturally integrated in a manner

21:01:56 consistent with the standards contained in article 18,

21:01:58 central business district chapter 27 of the city code




21:02:02 as determined by the city's urban design manager.

21:02:04 This is a City Council-imposed condition.

21:02:07 Screening and treatment of facades of the parking

21:02:09 garage are not approved by the urban design manager,

21:02:13 shall constitute a substantial change or require

21:02:16 specific City Council review.

21:02:17 >>LINDA SAUL-SENA: Excellent.

21:02:20 Thank you.

21:02:20 >>MARTIN SHELBY: I have a question of the petitioner.

21:02:24 A comment with regard to that note.

21:02:25 >>DAVID MECHANIK: There was one phrase where we talked

21:02:30 about the early part of the language.

21:02:31 Do we have to call it a substantial change?

21:02:33 Because that requires a full rezoning hearing, whereas

21:02:38 I think all council asked is it be brought in front of

21:02:41 council.

21:02:41 >>MORRIS MASSEY: But any variation of a City

21:02:45 Council-imposed condition on a site plan is constitute

21:02:49 add substantial change by the zoning coordinator.

21:02:53 >>LINDA SAUL-SENA: But I don't think it will be a

21:02:55 problem because I know you will design something

21:02:57 really good.




21:02:57 >> Why don't you bring it back in front of council

21:03:00 unless it's a hearing?

21:03:01 >> Well, it will just be scheduled as an agenda item.

21:03:05 >>JOHN DINGFELDER: But we couldn't take any action.

21:03:06 >>LINDA SAUL-SENA: I don't anticipate that it's going

21:03:09 to be a problem.

21:03:12 >>DAVID MECHANIK: We will accept the language.

21:03:13 Thank you.

21:03:16 >>JOHN DINGFELDER: I have a question just in terms of

21:03:18 process.

21:03:18 I haven't been involved in any of these CBDs.

21:03:22 But Morris, for you, or Kate.

21:03:29 If this had already been -- I guess the point I'm

21:03:34 wondering about is what brings us here today?

21:03:37 This comes to us today because they want to go from

21:03:40 one to two, correct?

21:03:44 >>MORRIS MASSEY: Correct.

21:03:45 >>JOHN DINGFELDER: If they had already had two, is it

21:03:51 site plan controlled?

21:03:52 >>> Yes, it is.

21:03:53 It's a site plan controlled zoning district so if they

21:03:55 want to make substantial changes to their site plan it




21:03:57 would have to come before City Council for approval.

21:04:09 >>ROSE FERLITA: Do I have to -- move to close the

21:04:13 public hearing.

21:04:16 Move to close the public hearing.

21:04:17 >>MARY ALVAREZ: We did.

21:04:19 >> Second.

21:04:20 >>JOHN DINGFELDER: Let's vote.

21:04:22 >>GWEN MILLER: All in favor?

21:04:37 >>MARTIN SHELBY: Did would you please revote on the

21:04:40 motion?

21:04:40 The that motion, didn't get a vote.

21:04:46 All in favor?

21:04:46 Opposed?

21:04:47 [Motion Carried]

21:04:49 >>ROSE FERLITA: Do I have to reference that now?

21:04:51 Now I just read this ordinance?

21:04:58 >>> I'll give it to the clerk.

21:05:00 >>ROSE FERLITA: Move an ordinance in the vicinity of

21:05:03 1111 North Franklin Street city of Tampa, Florida more

21:05:06 particularly described in section 1 zoning district

21:05:08 classifications CBD1 to CBD2 providing an effective

21:05:11 date.




21:05:12 >> Motion and second.

21:05:13 (Motion carried).

21:05:15 >>LINDA SAUL-SENA: I think it's a beautiful building.

21:05:16 I think it's really going to be visible when you go

21:05:19 down Florida Avenue.

21:05:20 I'm looking forward to the.

21:05:21 >>GWEN MILLER: All in favor of the motion say Aye.

21:05:23 Opposed, Nay.

21:05:24 (Motion carried).

21:05:26 >>ROSE FERLITA: Mr. Harrison, come back to work now.

21:05:29 >>JOHN DINGFELDER: Madam Chair, while Mr. Harrison is

21:05:32 coming up, I'd like to make a motion asking our zoning

21:05:37 staff to come back in two weeks, on a regular

21:05:42 Thursday, and talk to us about the possibility of

21:05:44 modifying the definition of CBD1 that would eliminate

21:05:50 the height.

21:05:53 Because as I have stated a long time ago, downtown is

21:05:57 downtown.

21:05:58 And I don't know why we have this archaic definition

21:06:01 of CDB 1 versus 2 in the downtown area.

21:06:05 Why is there height limitations in some properties and

21:06:08 no height limitations in others? So not discussing it




21:06:12 tonight.

21:06:12 I would just like to have the discussion in two weeks,

21:06:15 and have zoning staff chime in on this issue.

21:06:20 Staff staff a staff report?

21:06:23 >>JOHN DINGFELDER: For staff to come and talk to us.

21:06:25 >>MARTIN SHELBY: That would be a five minute

21:06:27 discussion then.

21:06:28 >>MARY ALVAREZ: All right.

21:06:30 Second.

21:06:30 >>GWEN MILLER: Motion and second.

21:06:31 (Motion carried).

21:06:33 >>THE CLERK: Motion carried with Saul-Sena voting no.

21:06:36 >>LINDA SAUL-SENA: I think that no height limits are

21:06:39 like the dumbest thing.

21:06:43 >>MARY ALVAREZ: Motion to open number 12.

21:06:46 >> Second.

21:06:46 [Motion Carried]

21:06:47 >>HEATHER LAMBOY: Land development.

21:06:49 I have been sworn.

21:06:51 1011 east Mohawk, east of interstate.

21:07:06 As you can see on the aerial -- first of all, it's

21:07:12 this entire block, which is sort of odd.




21:07:14 And RM-16 to the north.

21:07:16 But the development of the area is single family

21:07:20 residential around a site with the exception of

21:07:24 Hillsborough Avenue.

21:07:25 This is the subject site.

21:07:29 The vacant lots, and existing -- adjacent to the

21:07:34 vacant lots.

21:07:36 This is a house adjacent on the other side, single

21:07:39 family.

21:07:40 A house across the street.

21:07:44 Another house across the street.

21:07:45 So primarily they are historic bungalows houses.

21:07:50 The subject property is located in the Seminole

21:07:51 Heights overlay.

21:07:53 It was part of the Powhattan heights subdivision.

21:07:57 The original was 25 feet by 142.5 feet. The

21:08:01 petitioner owns lots 9 through 12 of lot 1.

21:08:06 There's a single family resident on lots 9 and 10 and

21:08:10 petitioner proposes to retain that residence.

21:08:12 The lot to be created is 50 feet by 122.45th feet

21:08:17 and single family residence is proposed.

21:08:19 Though the entire block is zoned commercial, the




21:08:23 northern portion of the lot is developed with single

21:08:25 family residential.

21:08:26 Staff has no objections to this petition.

21:08:36 >>MICHELE OGILVIE: Planning Commission staff.

21:08:37 A little history.

21:08:39 Back in 1987 when we were doing zoning conformance for

21:08:43 the quadrant, Tampa City Council thought it would be

21:08:47 prudent to allow for adequate expansion.

21:08:50 I have been sworn, Mr. Shelby.

21:08:55 In the area along Hillsborough on both sides.

21:09:00 That realization of the need for adequate commercial

21:09:04 depth does not seem to have played out in the last

21:09:09 almost 20 years.

21:09:10 The plan category is residential 10.

21:09:13 In those days there was a flex provision that allowed

21:09:18 for flexing of zoning beyond the plan category. The

21:09:22 plan category is residential 10.

21:09:24 For mixed single-family detached to occur, this

21:09:28 rezoning is in consistency with that desire, and

21:09:33 indication of that plan category.

21:09:35 We have provided policies that are supportive of this

21:09:41 rezoning request, and we do think it is a great idea




21:09:45 to create complimentary compatible uses along a local

21:09:50 street in Seminole Heights.

21:09:52 No objection.

21:10:02 >>SHAWN HARRISON: Petitioner?

21:10:04 >>JOHN DINGFELDER: While you are on your way up is

21:10:06 anybody here to speak against?

21:10:08 Okay, thank you.

21:10:16 >>> My mother told me never to swear, but I have been

21:10:19 sworn.

21:10:20 She's here.

21:10:23 My name is Kathryn Tucker.

21:10:24 My husband and I own the property at 1011 east Mohawk,

21:10:28 and the adjacent property.

21:10:31 We would like to down zone from the commercial to

21:10:36 residential so that my husband and I may build a

21:10:38 single-family home, bungalow, that maintains the

21:10:42 integrity and charm of Seminole Heights which is

21:10:45 almost exclusively residential in this area.

21:10:53 I put other one.

21:11:23 >>> It's almost exclusively residential use.

21:11:31 I also have the support of Bill Duval of the Old

21:11:39 Seminole Heights association and Dale Edmundson who




21:11:42 lives at 1029 east Mohawk.

21:11:46 And I have letters to substantiate that.

21:11:55 We own the little blue house at 1011, also.

21:12:00 >>GWEN MILLER: Let me see if there's anyone in

21:12:02 opposition.

21:12:02 Is anyone in the public want to speak on item number

21:12:05 12?

21:12:05 Come on up.

21:12:08 >>> Here's two pictures.

21:12:10 Does it show up?

21:12:11 This is a before and after on the house that's

21:12:22 directly adjacent to the property, the piece of land

21:12:26 we are having rezoned.

21:12:28 We did good work.

21:12:30 We have integrity.

21:12:31 >>LINDA SAUL-SENA: It says there's a grand tree on

21:12:39 there.

21:12:39 Do you plan to protect it?

21:12:40 >>> I didn't notice a grand tree.

21:12:42 I see an old orange tree.

21:12:47 There's no vines in it.

21:12:48 >>ROSE FERLITA: Don't get into a pecan tree.




21:12:53 >>> I don't see a pecan tree. The blue house has a

21:12:56 pine tree.

21:12:57 >>GWEN MILLER: Anyone else to speak.

21:13:00 You can come back up.

21:13:01 >>> Thank you.

21:13:01 >>GWEN MILLER: Come on.

21:13:03 You may speak.

21:13:08 >>> Thank you.

21:13:09 I'm Jennifer Corley.

21:13:11 I have been sworn.

21:13:15 I'm here tonight representing my family, in particular

21:13:18 my elderly parents who would like to be here tonight

21:13:21 but physically they are not able to be.

21:13:24 They are here in spirit and thought, though, I can

21:13:26 tell you.

21:13:27 We owned the commercial property at 1032 east

21:13:31 Hillsborough.

21:13:32 And there are commercial retail properties on both

21:13:36 sides of our building, to one side is a motel, to the

21:13:41 other side are a number of different retail stores.

21:13:46 So barber shops, there's a further restaurant down.

21:13:57 It's all commercial along east Hillsborough.




21:13:59 The only thing that separates the property we own, and

21:14:05 the other retail folks, is a small public alley.

21:14:14 And then you have the homes at the back.

21:14:20 But in trying to determine how this request might

21:14:24 impact our business, I did speak with two attorneys,

21:14:30 and a real estate broker to get some advice.

21:14:33 And see what they had to say.

21:14:37 They all have advised that this would negatively

21:14:40 impact our ability to have certain businesses in the

21:14:45 property right now, our building is up for lease.

21:14:49 The code restriction with commercial apparently is

21:14:53 immediately adjacent to commercial to residential.

21:14:58 Then there are different restrictions.

21:15:02 So the property may not be as palatable to some people

21:15:10 who are interested in leasing the property, or if we

21:15:13 were to want to sell it, the same thing would apply.

21:15:19 Or if we want to open a business, again we would have

21:15:21 further possible restrictions.

21:15:24 That could complicate our ability to have business

21:15:27 opportunities there.

21:15:29 The attorneys also advise that sometimes there are

21:15:32 noise problems, that when one commercial property




21:15:39 butts right up to residential, there are issues there

21:15:41 as well as traffic problems.

21:15:43 One attorney said there are always issues, when one is

21:15:50 immediately up to the other.

21:15:52 But because of the possible negative impact, this

21:15:56 rezoning would have to our business, my family

21:16:00 adamantly objects to the change.

21:16:04 And this is the main income for my parents.

21:16:11 And at this point in their lives they certainly don't

21:16:13 want anything to complicate matters for them.

21:16:17 So I would ask for you to consider the businesses

21:16:23 along in there and how it might negatively impact all

21:16:27 of us, particularly my family, not just one I'm

21:16:33 representing here tonight.

21:16:34 So that is our concern.

21:16:38 The request to build a house -- is that my time limit?

21:16:43 (Bell sounds).

21:16:43 I have said what is basically on my mind and in our

21:16:46 hearts and I hope you will consider that.

21:16:49 Thank you.

21:16:49 >>ROSE FERLITA: Mr. Massey, can I ask you a question,

21:16:51 please?




21:16:58 Are you immediately -- is this property your back door

21:17:02 neighbor immediately behind you?

21:17:04 >> I think they are slightly diagonal to us.

21:17:08 >>ROSE FERLITA: Mr. Massey, since it's commercial,

21:17:14 butts up to residential, do all those buffer

21:17:16 requirements apply?

21:17:19 Doesn't it?

21:17:20 Like in terms of the commercial site she's concerned

21:17:23 about.

21:17:26 They don't have to do the masonry wall and 15-foot

21:17:30 buffer.

21:17:30 >> The things that are grandfathered in would not

21:17:32 necessarily have to erect a landscape buffer or a

21:17:35 wall.

21:17:36 If they want to change that building, redevelop that

21:17:40 property, that can have a potential impact.

21:17:42 Obviously that would have to probably come before you

21:17:44 all, and there is an alley separating it.

21:17:47 So Ms. Lamboy may be better able to speak to the exact

21:17:53 requirements of the zoning code.

21:17:55 >>ROSE FERLITA: If it stays commercial regardless of

21:17:59 whether or not they do something else in the same




21:18:02 category?

21:18:04 That still triggers --

21:18:08 >>MORRIS MASSEY: If they redevelop the property it

21:18:10 could --

21:18:15 >>CHAIRMAN: Next.

21:18:16 >> Bill Duval, branch Avenue, and yes I have been

21:18:21 sworn.

21:18:23 I mainly stayed just to redeem myself.

21:18:25 I'm speaking again in behalf of the Old Seminole

21:18:28 Heights neighborhood association, the petitioner has

21:18:30 met with us, shown us some plans for their development

21:18:34 on that property, and we wholeheartedly approve it.

21:18:38 This is a pivotal street in Old Seminole Heights that

21:18:42 keeps us -- keeps a barrier, if you will, from the

21:18:49 Hillsborough Avenue corridor.

21:18:52 There are, as you saw by the examples, many pictures

21:18:56 of what we consider to be fine homes on that same

21:18:59 commercial zoning that got grandfathered in.

21:19:04 And it's very unusual to have a request to go from

21:19:08 commercial down to residential, and if I might just

21:19:13 add a note to what the previous speaker talked about,

21:19:20 I have been in Seminole Heights for 17 years.




21:19:22 I have never heard of residential development that has

21:19:25 intruded or impacted negatively a business.

21:19:28 So although I understand her fears, and it appears to

21:19:33 be a barrier of the alley, I'm not certain if it's

21:19:40 closed or not, and I don't want to take up Mr.

21:19:43 Massey's act, but I doubt seriously if a wall, for

21:19:47 instance, would have to be built to separate

21:19:50 commercial from the residential.

21:19:51 Thank you.

21:19:53 >>GWEN MILLER: Would anyone else like to speak?

21:19:56 >>MARY ALVAREZ: Move to close.

21:20:00 >> Second.

21:20:00 (Motion carried).

21:20:01 >>GWEN MILLER: Petitioner, did you want to say

21:20:03 anything else?

21:20:04 Did you want to say anything else?

21:20:08 >>> Well, I understand her concerns, it could be in

21:20:14 the way off in the future on a different planet and

21:20:16 all that, that she thinks that this may cause problems

21:20:21 to her.

21:20:21 But to me, it would cause an immediate problem not

21:20:25 being able to build on my property.




21:20:28 I mean, I can buy a piece -- didn't buy a piece of

21:20:31 land so somebody on the next street could just say,

21:20:35 you can't use it.

21:20:37 I mean, I need to build a house there.

21:20:39 And I'm not sure what the lady's name was.

21:20:47 Did you announce your name?

21:20:50 Okay, you're the individual where someone in your

21:20:54 family has called the house about three or four times?

21:21:00 >>GWEN MILLER: We aren't going to get into that.

21:21:02 Are you finished?

21:21:04 >>> I'm sorry.

21:21:04 >>GWEN MILLER: Address us.

21:21:07 >>> Okay.

21:21:07 Well, on caller ID there was someone with the last

21:21:12 name --

21:21:14 >>ROSE FERLITA: Just talk to us.

21:21:16 >> All I want to do is build a nice little house on

21:21:18 this property that I purchased.

21:21:19 >>GWEN MILLER: Thank you.

21:21:21 Mrs. Saul-Sena.

21:21:22 >>LINDA SAUL-SENA: Just one question.

21:21:25 Someone said that there were grand trees.




21:21:27 I just want to make sure that you understand that what

21:21:29 you're requesting that you can't ask for waivers, you

21:21:36 can't ask for variances.

21:21:38 You have to build around them.

21:21:41 >>> Yes.

21:21:42 >>GWEN MILLER: Close the public hearing.

21:21:44 >>MARY ALVAREZ: Move to close.

21:21:45 >> Second.

21:21:46 (Motion carried).

21:21:48 >> Move an ordinance rezoning property in the general

21:21:49 vicinity of 1011 east Mohawk Avenue, city of Tampa,

21:21:53 Florida, more particularly described in section 1 from

21:21:55 zoning district classifications CI commercial

21:21:57 intensive to RS-50 residential single family,

21:22:01 providing an effective date.

21:22:01 >>GWEN MILLER: I have a motion and second.

21:22:03 Question on the motion?

21:22:04 Mr. Dingfelder.

21:22:04 >>JOHN DINGFELDER: I just wanted to say to the folks

21:22:07 in the back who waited all night to express their

21:22:11 opinion, I think you raise a good point about

21:22:16 buffering, trying to keep the buffer for your




21:22:19 commercial property.

21:22:20 But the fact that you're a little bit diagonal

21:22:25 influences my vote because you are not necessarily

21:22:26 immediately behind it.

21:22:28 So hopefully it won't be an issue for you or your

21:22:32 family.

21:22:32 So I'm going to support the motion.

21:22:34 >>GWEN MILLER: All in favor of the motion say Aye.

21:22:35 Opposed, Nay.

21:22:36 (Motion carried).

21:22:39 >>MARY ALVAREZ: Move to open number 13.

21:22:43 >> Second.

21:22:43 [Motion Carried]

21:22:44 >>HEATHER LAMBOY: Land development.

21:22:54 I have been sworn.

21:22:54 The subject property is located at 115 south Lois

21:22:59 Avenue, just south of Kennedy Boulevard, between

21:23:01 Kennedy and -- it's existing apartment building.

21:23:10 The subject property is surrounded by commercial

21:23:14 general zoning, actually commercial zone.

21:23:17 It is zoned RS-60.

21:23:20 And then there are pockets of RM-24, as well, and then




21:23:24 there's a PD.

21:23:27 This is a picture of the subject property looking

21:23:29 across Lois street.

21:23:33 Further down the facade, view along Lois.

21:23:45 With single family residential but it's across the

21:23:47 street.

21:23:52 Kennedy Boulevard.

21:23:55 And a view towards Cleveland.

21:24:00 The petitioner is requesting a way to reduce the drive

21:24:04 tile from 26 for the existing condition on-site. The

21:24:08 existing apartment complex was built in 1968.

21:24:10 At which time it was zoned C-1 and R-1-A.

21:24:14 Petitioner is requesting to rezone the property to be

21:24:16 converted into condominiums.

21:24:18 The petitioner is not proposing a substantive change

21:24:22 to the existing plat other than installation of

21:24:28 side --

21:24:30 >>JOHN DINGFELDER: Site plan.

21:24:36 >>HEATHER LAMBOY: The transportation division had no

21:24:42 objection to the reduced drive aisle.

21:24:47 With reference to landscape there is no change in use.

21:24:50 Mr. Yurcus can discuss this in further detail.




21:24:53 But because there's no change in use, chapter 13 will

21:24:57 not apply to this particular case.

21:24:59 However, the petitioner, I had a discussion with the

21:25:01 petitioner regarding this issue.

21:25:03 And they have agreed to beef up the landscaping.

21:25:08 And I will let her talk about that in detail.

21:25:10 That concludes staff comments.

21:25:19 >>JOHN DINGFELDER: Mr. Yurcus?

21:25:22 >>GREG YURCUS: Construction service center.

21:25:24 Our requirements for new landscaping in chapter 13

21:25:28 tree and landscape code are triggered by expansion.

21:25:35 Yes, I have been sworn.

21:25:36 So they are triggered by expansion.

21:25:38 Since they are not expanding any of the floor area,

21:25:41 they kind of fall into a potential gray area.

21:25:47 I think you all have a leeway way to request

21:25:52 additional items.

21:25:53 I hope that helps clarify why we don't have objections

21:25:57 to it.

21:25:57 >>MICHELE OGILVIE: Planning Commission staff.

21:26:03 I have been sworn in.

21:26:11 As Ms. Lamboy stated this hat problem within our urban




21:26:15 plan since 1968.

21:26:17 We did have an amendment back in 1996 to include the

21:26:22 entire site that had been split and not picked up

21:26:25 during rezoning conformance.

21:26:27 City Council did designate the entire site residential

21:26:30 35, the creation of the condominiums which are now

21:26:36 requiring this rezoning.

21:26:38 However, the same type as the existing apartments,

21:26:42 except for ownership.

21:26:44 We have provided commentary and consistency findings

21:26:51 in our staff reports, citing policies within the

21:26:54 future land use element that are supporting this

21:26:58 rezoning.

21:26:58 Planning Commission staff has no objection to the

21:27:00 request.

21:27:00 >>GWEN MILLER: Petitioner?

21:27:09 >>> Marsha Rydberg, 400 north Tampa, suite 1050.

21:27:12 With me is one of the lawyers in our firm, we were

21:27:19 both sworn.

21:27:21 I am here to really answer your questions to some

21:27:25 extent, because I think the hour is late and now

21:27:28 what's happening.




21:27:29 This property has been here for a very long time.

21:27:42 It is not doing anything except for changing the

21:27:44 nature of the ownership that is going to condominium

21:27:48 usage.

21:27:49 It is going to provide housing opportunities in a more

21:27:55 reasonable range for people that want to.

21:27:59 We do have site constraints.

21:28:01 As you can see there's one frontage on this one that's

21:28:03 Lois.

21:28:04 The reason we are asking for that I'll width reduction

21:28:09 is there's no more room to bump up the aisles. The

21:28:14 bad news on the other side is there's not a lot of

21:28:16 room to put in any more landscaping either.

21:28:19 The buildings are there.

21:28:21 They have been there for years.

21:28:22 And we are -- developers are absolutely committed

21:28:28 to -- and you saw on the pictures, the landscaping

21:28:32 needs some cleaning up and to the extent it's

21:28:36 physically possible, they want to add to that.

21:28:42 >>LINDA SAUL-SENA: I see this as an opportunity to

21:28:45 improve something that's been an existing entity.

21:28:51 I see a number of palm trees.




21:28:54 What I would like to suggest is I see opportunities

21:28:57 for shade trees.

21:29:00 Particularly along Lois where it's most visible.

21:29:03 So that's what I would like to request, is that you

21:29:06 add some shade trees along Lois.

21:29:10 And there are opportunities.

21:29:11 It appears from this that you have 27 feet of

21:29:17 landscape depth between Lois and the masonry buildings

21:29:24 along Lois.

21:29:25 And that would certainly give you add quality room to

21:29:28 plant trees, and I'm sure you can make it look a lot

21:29:32 better.

21:29:34 >>> I don't think our developer has any problem with

21:29:36 that.

21:29:37 I assume you're talking about pulling these palms?

21:29:44 >> I don't want to take away any trees.

21:29:46 I want to add.

21:29:47 >>> I don't think we have any problem with that.

21:29:52 Indeed they do want to have it landscaped and

21:29:54 beautified.

21:29:57 >>LINDA SAUL-SENA: Can you write it on the site plan?

21:29:59 >>> Yes.




21:29:59 I'm not sure how many you want.

21:30:00 >>LINDA SAUL-SENA: I want them every 20 feet.

21:30:05 Like I see one 14-foot shade tree.

21:30:11 So, now, that's one.

21:30:12 But then it looks like you can put two more there, one

21:30:14 more here.

21:30:15 So that's three, four.

21:30:17 I would say five more of at least four inches.

21:30:21 >>HEATHER LAMBOY: So the condition should be shade

21:30:23 trees should be added at 20 feet off center at a

21:30:27 4-inch caliper?

21:30:33 >>MARTIN SHELBY: Is that acceptable to the petitioner?

21:30:37 >>> I understand in -- I'm not fussing with you.

21:30:40 I'm just trying to visualize it.

21:30:42 Just give me a second.

21:30:44 I'm not as quick as you are.

21:30:45 You're talking about right here in this front

21:30:47 landscape area?

21:30:50 >>LINDA SAUL-SENA: On Lois, correct.

21:30:54 >>> And so there's two already here.

21:30:56 And you're talking about two more on these.

21:31:02 And then one other on the corner?




21:31:04 Is that what you're saying?

21:31:05 I'm just trying to be clear, is all.

21:31:11 >>LINDA SAUL-SENA: We don't have to locate them

21:31:13 tonight.

21:31:14 We just say five more 4-inch shade trees.

21:31:20 It appears to me you can add on the site plan.

21:31:34 >> I'm not an arborist.

21:31:36 Maybe that works.

21:31:36 And if that works, I know I have permission from my

21:31:40 developer to say I'll tray to work with you but if you

21:31:43 put it as a condition on my site plan then I lose my

21:31:47 site plan if the arborist I can't dot.

21:31:49 >>LINDA SAUL-SENA: You can dot.

21:31:51 >>JOHN DINGFELDER: Why don't you just say working with

21:31:55 city staff --

21:31:58 >>LINDA SAUL-SENA: To have five more shade trees along

21:32:03 Lois.

21:32:05 >>> Rydberg: I guess all I'm saying is if I come in

21:32:07 and say the arborist says we can't dot, I hate to lose

21:32:11 my zoning over that.

21:32:13 That's the only thing I'm saying.

21:32:15 Because the developer already told me, now, they are




21:32:18 willing to work with you on that.

21:32:19 >>MORRIS MASSEY: What if we added a condition that

21:32:24 said we add five shade trees, 4-inch caliper unless it

21:32:30 was determined impractical to place all of them

21:32:32 on-site, by determination by --

21:32:38 >> The tree stop.

21:32:42 >>GWEN MILLER: Let's see if anyone in the public wants

21:32:48 to speak on item number 13.

21:32:56 >>> Good evening, council.

21:32:58 Paul Fisher.

21:32:58 I live at 3909 west Cleveland.

21:33:03 It is item 14 on your agenda.

21:33:07 The next apartment they want to convert to condos.

21:33:10 The reason I'm addressing item 13 -- and yes, I have

21:33:13 been sworn, thank you, Mr. Shelby -- the reason I'm

21:33:16 addressing you is, as Mrs. Rydberg said, these

21:33:21 buildings are old.

21:33:22 They are very old.

21:33:24 And everybody is addressing solely cosmetics.

21:33:29 We asked the managers if we needed to move out of

21:33:34 these apartments so we could refurbish them.

21:33:37 I was told by the manager this is a name change only,




21:33:40 something that Mrs. Rydberg just said.

21:33:44 These buildings have real issues.

21:33:46 In the year and a half that I have been there, we have

21:33:48 had raw sewage back up in the apartments twice.

21:33:52 The roofs leak.

21:33:54 The windows are 44 years old and leaked like a sieve.

21:34:00 The HPHC.

21:34:03 If you plug in your iron the lights dim.

21:34:08 My bathroom vent in the ceiling, you throw the switch

21:34:12 and wait five minutes.

21:34:14 It starts to come on.

21:34:15 When I left my apartment tonight, water was cascading

21:34:18 through that same bathroom ceiling vent from the

21:34:21 apartment upstairs.

21:34:24 The plumber who has come out and worked on this

21:34:26 project says this is a real issue with the main sewer

21:34:29 line going through the street.

21:34:31 They think when the building settled that there's a

21:34:34 possible crimp of the sewer line in the rear of the

21:34:37 property causing the sewers to back up.

21:34:43 They came in and painted the buildings.

21:34:45 We had nice white buildings and they kind of dipped




21:34:48 them in mud.

21:34:50 It's really created a very dingy look to the apartment

21:34:55 complex but that's their right and their privilege.

21:34:58 The entrance doors to every apartment were put on

21:35:01 originally 40-some years ago.

21:35:03 They have one bloc lock and only one lock and it's a

21:35:06 dead bolt.

21:35:07 >>JOHN DINGFELDER: Point of order.

21:35:10 Mr. Massey and Mr. Shelby, although interesting, and

21:35:16 perhaps of concern to buyers, I don't know what the

21:35:19 relevance is in the land use context.

21:35:22 >>> Well, the relevance, sir, if you --

21:35:27 >>JOHN DINGFELDER: I'm asking my attorney, sir.

21:35:28 >>MARTIN SHELBY: I don't know where this conversation

21:35:31 is ultimately going to go at this point in time.

21:35:33 In terms of the land use, I don't know its relevance

21:35:38 at this point.

21:35:40 I don't know, maybe you can clarify.

21:35:44 >>> My reason I think it's relevant is they are going

21:35:46 to be cold as condos and sold as expensive condos.

21:35:50 In a neighborhood they look wonderful from the outside

21:35:52 but there are real safety issues and ADA compliant.




21:35:57 And I hope your building department looks into this

21:35:59 because the new buyers aren't.

21:36:00 We brought it to their attention.

21:36:03 They haven't queried one tenth of these buildings.

21:36:07 >>JOHN DINGFELDER: I'm not trying to be callous or

21:36:09 anything.

21:36:09 We have certain -- this is part of our criteria.

21:36:14 >>> I have a terrible mold problem in my apartment.

21:36:17 Their answer was an industrial strength odor eater.

21:36:21 That's their answer.

21:36:22 >>ROSE FERLITA: I'm agreeing with Mr. Dingfelder.

21:36:25 I'm certainly sympathetic to your cause.

21:36:27 First of all, why are you continuing to live there?

21:36:32 That's the first thing I want to know.

21:36:32 >>> It has potential.

21:36:33 (Laughter).

21:36:37 If the own worries fix all the things we have asked

21:36:40 them to Zo Do.

21:36:41 >> How long have you lived there?

21:36:43 >>> A year and a half.

21:36:43 >> It seems to me if I lived someplace a year and a

21:36:47 half and I had things like that I wouldn't be living




21:36:50 there.

21:36:50 But I think the way the conversation is going,

21:36:52 certainly whatever they do there, they are going to

21:36:54 have to be compliant with our building code

21:36:57 regulations and stuff.

21:36:59 And there's no way getting around that.

21:37:00 >> Will the building department inspect them?

21:37:03 >>ROSE FERLITA: Of course they will.

21:37:04 >>GWEN MILLER: Would anyone else like to speak?

21:37:12 >>> My name is Diane Leer, I live at 3919 west

21:37:16 Cleveland, where Mr. Fisher lives, and I have been

21:37:20 sworn in.

21:37:22 I think the thing that we as residents -- I'm moving

21:37:26 out, by the way, because they are converting, and I

21:37:28 have had this happen to me before.

21:37:30 My concerns here are not for me, but for the people

21:37:34 who are going to purchase these condos, so long as

21:37:39 they are brought up to code, that's what my thoughts

21:37:44 were.

21:37:44 Because I have electrical problems where my oven goes

21:37:49 up and down.

21:37:50 There are termite problems.




21:37:52 If you're saying that you are going to require them to

21:37:54 go to code, that's what I was here for.

21:37:57 >>KEVIN WHITE: Permitting process.

21:38:04 For the permitting process to do any type of

21:38:06 renovations --

21:38:08 >>> But they are not doing it.

21:38:10 They are not doing renovations.

21:38:12 They are just painting them and they are going to sell

21:38:13 them.

21:38:14 >>KEVIN WHITE: Then would you Hope hope that the

21:38:17 purchaser will do home inspections and require things

21:38:19 to be brought up to code before purchase.

21:38:22 It is not a requirement for something to be up to code

21:38:24 to be purchased, but if someone else purchased it --

21:38:30 purchases it and that condition, the new owner may end

21:38:32 up investing the money to bring it up to code to sell.

21:38:37 >>> That is my point, a lot of people are going to be

21:38:40 snowed by it because they paint the outside and they

21:38:42 are not doing anything to the inside.

21:38:45 Termite problems.

21:38:46 They are saying they are not doing nothing, cosmetic

21:38:49 and that's it.




21:38:52 >>KEVIN WHITE: Especially if you are spending the kind

21:38:54 of money in this area that I'm sure this apartment

21:38:57 complex, I now it's old.

21:39:00 >>> They won't give us anything in writing on the

21:39:03 prices and whatever.

21:39:04 But you're talking major money for a two-bedroom like

21:39:08 200,000 or more.

21:39:09 So that was my only thing.

21:39:12 I was hoping there was some way you could put in there

21:39:15 that you made sure they brought the stuff to code so

21:39:17 the innocent people who buy something and don't know

21:39:19 of the plumbing problems and whatever won't be called

21:39:21 back.

21:39:21 It won't be me because I'm moving in two weeks.

21:39:24 >>KEVIN WHITE: Hopefully the new purchaser will be

21:39:27 smart enough to inspect.

21:39:29 >>> I would hope so.

21:39:29 >>GWEN MILLER: Would anyone else like to speak?

21:39:34 >> Move to close.

21:39:35 >>GWEN MILLER: Ms. Rydberg may have rebuttal.

21:39:39 >>> I am going to waive that unless anybody wants to

21:39:41 hear because I think you correctly noted that it's not




21:39:44 relevant to the zoning.

21:39:45 I will note that I think they underscored my

21:39:49 affordability question when they were talking about

21:39:51 numbers like 200 when you were hearing close to 500 on

21:39:54 Fig.

21:39:55 And this is south of Kennedy.

21:39:57 I'll answer any of your questions.

21:40:00 We are -- we'll certainly accept the language of.

21:40:03 >>MORRIS MASSEY: Articulated it.

21:40:07 Thank you for your attention.

21:40:10 >> Move to close the public hearing.

21:40:11 >> Second.

21:40:11 (Motion carried)

21:40:15 >>SHAWN HARRISON: Ordinance rezoning property in the

21:40:17 general vicinity of 115 south Lois Avenue in the city

21:40:19 of Tampa, Florida and more particularly described in

21:40:21 section 1 from zoning district classifications CG

21:40:24 commercial general and RS-75 residential single family

21:40:27 to PD, multifamily, providing an effective date.

21:40:30 >>GWEN MILLER: Motion and second.

21:40:32 (Motion carried).

21:40:34 >>MARY ALVAREZ: Move to open 14.




21:40:36 >> Second.

21:40:36 (Motion carried)

21:40:55 >>HEATHER LAMBOY: Land development.

21:40:56 I have been sworn.

21:41:01 The previous site we discussed, 3909 west Cleveland

21:41:04 street, at the intersection of Cleveland and church.

21:41:08 As you can tell, there's commercial zoning immediately

21:41:12 adjacent.

21:41:15 RS-60 zoning south of the site.

21:41:21 The area of the subject site was here, illustrates,

21:41:30 apartment building, the parking structure as well,

21:41:32 single family residence to the south, town homes to

21:41:35 the southeast of the site.

21:41:40 View from the streets.

21:41:46 There's in a landscape on previous sites.

21:41:52 Neighborhood streets.

21:41:54 And this is the view along church.

21:41:58 And a view of the homes across the street and town

21:42:01 homes around church.

21:42:03 This property was developed in 1967, at which time it

21:42:08 was zoned, in order to convert to the condominium.

21:42:15 The petitioner has -- there are no objections to this




21:42:19 petition.

21:42:19 That concludes staff comments.

21:42:25 >>LINDA SAUL-SENA: I read your notes that they didn't

21:42:26 want to put a sidewalk somewhere.

21:42:30 >>> They had requested along the church Avenue

21:42:35 streetscape, not to add sidewalks, because of existing

21:42:39 trees.

21:42:41 >> Can't you go around the tree?

21:42:43 >>> No.

21:42:43 What they suggested was they comply with chapter on

21:42:47 sidewalks.

21:42:47 They will look at the issue of parks and recreation,

21:42:50 make an application for fee.

21:42:52 If the sidewalk can be built, staff will make them

21:42:54 build it.

21:42:54 Otherwise --

21:42:58 >> But the priority would be to try to build the

21:42:59 sidewalk?

21:43:00 >>> Yes.

21:43:03 >> Is that on the site plan?

21:43:05 >>> Yes.

21:43:05 >>JOHN DINGFELDER: How about Cleveland?




21:43:10 >>HEATHER LAMBOY: They have sidewalks.

21:43:14 >>MICHELE OGILVIE: Planning Commission staff.

21:43:15 I have been sworn in.

21:43:18 The plan category of residential 35, the same story as

21:43:21 the previous petition.

21:43:25 Also, identified in 1996 as a nonconforming use, but

21:43:30 is now designated residential 35 by the Tampa

21:43:33 comprehensive plan map.

21:43:39 The use transitions from apartment complex to minimum,

21:43:42 ownership is not addressed within the comprehensive

21:43:45 plan.

21:43:46 However, this rezoning does support policies that have

21:43:48 been cited in your staff report including policy

21:43:52 B-3.7, emphasis should be placed on rehabilitation and

21:43:56 recycling of existing building stock, in our City of

21:44:00 Tampa.

21:44:02 Planning Commission staff does not object to the

21:44:04 rezoning request.

21:44:05 >>GWEN MILLER: Petitioner?

21:44:10 >>> Marsha Rydberg, 400 north Tampa, suite 1050, and

21:44:16 we have been both been sworn.

21:44:18 This development as you have already heard is very




21:44:20 similar to the previous one.

21:44:22 It is a conversion to condominium to provide ownership

21:44:27 opportunities for people in South Tampa.

21:44:31 I will address the question that came up earlier.

21:44:35 Our client does not care whether they put in sidewalks

21:44:39 or pay your fee.

21:44:41 What we didn't want to do -- and I was hoping this one

21:44:45 would come up before Lois -- but what we didn't want

21:44:48 to do is kill any trees.

21:44:50 And so we'll go either way.

21:44:54 We clearly left in the sidewalk on Cleveland, because

21:44:58 we are pretty sure we can get around the trees on

21:45:00 Cleveland.

21:45:01 On church, the trees are further out, and how we would

21:45:05 be able to do the sidewalk, without killing trees, we

21:45:11 don't know for sure, but I'm told that they'll look at

21:45:15 it and will will get the sidewalk either way.

21:45:22 And we have an application for the in lieu and they'll

21:45:28 come back in a few days and tell us which way they

21:45:30 want to go.

21:45:31 And that's fine.

21:45:35 Neither one of the sites are there any grand trees.




21:45:38 I do want to say on this one, pursuant to the staff's

21:45:41 request currently, there isn't a driveway that's too

21:45:44 close to the corner of church and Cleveland.

21:45:46 And one of the things that we've done here is we've

21:45:49 moved the driveway north, so that you don't have that

21:45:54 traffic hazard, so there isn't improvement to the

21:45:57 site.

21:45:57 And we are going to on that corner put in more

21:45:59 landscaping.

21:46:02 We've also moved the dumpster.

21:46:05 And I failed to say the last time that Mr. Awad would

21:46:09 like me to say this on both of them.

21:46:11 At this point there's no additional impervious surface

21:46:14 being put into the parking lots.

21:46:16 We have worked with him.

21:46:19 If at some point there's going to be a substantial

21:46:21 change to the parking lots, we'll go back to

21:46:23 stormwater.

21:46:25 I will be happy to answer any questions.

21:46:27 But you don't need me to wax eloquent any longer, I

21:46:31 hope.

21:46:32 >>GWEN MILLER: Is there anyone in the public that




21:46:33 would like me to speak on item 14?

21:46:37 >> Move to close the public hearing.

21:46:38 >> Move to close.

21:46:39 (Motion carried).

21:46:40 >>LINDA SAUL-SENA: Move an ordinance rezoning property

21:46:43 in the general vicinity of 3909 west Cleveland street

21:46:47 in the city of Tampa, Florida and more particularly

21:46:49 described in section 1 rezoning district

21:46:51 classifications RS-60 residential family to PD

21:46:56 multifamily providing an effective date.

21:46:58 [Motion Carried]

21:47:00 >>GWEN MILLER: We need to open 15 and 18 together.

21:47:08 We have a motion and second to open 15 and 18.

21:47:10 (Motion carried)

21:47:26 >>HEATHER LAMBOY: Number 15, the rezoning Q.i have

21:47:29 been sworn. The subject property is located

21:47:31 immediately adjacent to the existing MOSI facility on

21:47:36 Howard Avenue near the intersection of 46th

21:47:38 street.

21:47:39 This Hillsborough County owned property associated

21:47:43 with the museum of science and industry that is

21:47:46 immediately adjacent to Fowler and on 46th street.




21:47:50 This is an aerial of the site.

21:47:52 It currently is not developed.

21:47:53 The site is currently zoned industrial general and

21:47:58 heavy industrial, and the petitioner is requesting a

21:48:02 to rezone to commercial intensive.

21:48:04 It is used for the arts festival. The purpose is to

21:48:10 bring the property in conformance with its future land

21:48:13 uses.

21:48:13 Commercial services commented that there are a large

21:48:16 number of treason site, and if any development in the

21:48:18 future were to occur on the site it must comply with

21:48:21 chapter 13, and parks and recreation also discussed

21:48:29 the number of trees on-site and requested a note of

21:48:31 compliance with something -- when something is

21:48:33 developed that they would review for grand trees.

21:48:37 Now I will proceed on to item number 18.

21:48:40 Staff has no objections.

21:48:44 The petitioner is requesting a 40 a 4(COP-X) together

21:48:57 with the museum of science and industry.

21:48:59 There are no other wet zoned establishments within

21:49:02 1,000 feet.

21:49:03 There is an RS-60 zoning district within 850 feet,




21:49:08 institutional uses within 1 that you feet include the

21:49:11 museum of science and industry, the University of

21:49:12 South Florida, University of South Florida charter

21:49:15 school, museum of science and industry, and the Pizzo

21:49:20 elementary school on the University of South Florida

21:49:22 site.

21:49:23 These sites are for 200 to 800 feet away.

21:49:26 Staff has no objections.

21:49:31 >>MICHELE OGILVIE: Planning Commission staff.

21:49:34 I have been sworn in.

21:49:39 Speaking to Z-05-176 of the rezoning from IG to CI.

21:49:46 If I could just take a minute of your time to pause on

21:49:50 what's happening in our north Tampa area.

21:49:52 We have this tremendous regional national --

21:49:55 international asset called the University of South

21:49:56 Florida.

21:49:58 And we have this wonderful asset called MOSI which is

21:50:04 similar and it's wonderful to be able to say to you,

21:50:06 of course it supports the comprehensive plan, we have

21:50:12 cited policies that do support the request to the CI

21:50:15 zoning district and we have no objections.

21:50:21 >>SHAWN HARRISON: TPD.




21:50:25 >>> Steve Gordon, police.

21:50:26 I have been sworn.

21:50:26 We have no objections.

21:50:29 >>SHAWN HARRISON: Petitioner?

21:50:35 >>> Vicki Aarons.

21:50:37 I'm here representing MOSI's president and I have been

21:50:42 sworn in.

21:50:42 I was so hoping I would remember to say that.

21:50:44 What we are doing here is asking for council's

21:50:47 approval to rezone the west side of the MOSI property

21:50:50 from the area that's developed to 46th street, and

21:50:54 concurrently allow wet zoning in that area so that we

21:50:57 can support 14 days of beer sales at the Renaissance

21:51:04 festival.

21:51:05 We are now in the third year with the bay area

21:51:08 Renaissance festival.

21:51:09 In the past oh two years we have gotten temporary wet

21:51:13 zoning and we are requesting to come back and ask for

21:51:16 permanent wet zoning.

21:51:16 >>SHAWN HARRISON: Is there anyone in the public who

21:51:19 would like to speak on this item?

21:51:27 >>> My name is gill she shaller, 1609 Peachtree and I




21:51:33 have been sworn in.

21:51:34 I appreciate this opportunity to address council this

21:51:36 evening.

21:51:37 I am the treasurer for the back to basics church

21:51:40 school foundation.

21:51:41 We operate the terrace community middle school which

21:51:45 surprisingly wasn't listed in your organization that

21:51:48 is within close proximity.

21:51:50 We are inside of MOSI.

21:51:54 We are in charter school, Hillsborough County public

21:51:56 school choice.

21:51:57 We have 352 students, utilizing the MOSI facilities on

21:52:01 a daily basis. This is not the first -- well, we were

21:52:06 notified of this zoning variance.

21:52:09 We were not notified of previous ones, which is a

21:52:13 separate issue.

21:52:14 However, our Board of Directors met and unanimously

21:52:18 requested that the council -- we object to this zoning

21:52:22 because the alcoholic beverages served on school

21:52:26 property.

21:52:26 >>LINDA SAUL-SENA: I have been a guest electric terror

21:52:37 at your school and it's -- guest lecturer at your




21:52:42 school and it's a a great school.

21:52:44 But you are but this is on the western part.

21:52:47 And these things are held evenings, weekends and not

21:52:51 during school days.

21:52:52 I mean, your children are supervised.

21:52:54 How would they possibly be affected by this?

21:52:56 >>> Our concerns -- and clarify for me if we're

21:52:59 wrong -- but the paperwork we received goes for 26

21:53:04 acres.

21:53:06 And we're concerned about people driving through the

21:53:09 parking lots to go --

21:53:12 >>> This has been going on for two years.

21:53:14 Have you ever been negatively affected by this?

21:53:18 >>> Not to our knowledge, no.

21:53:21 But if something happens, it's too late.

21:53:24 We are becoming a wear of this now.

21:53:25 We were No never notified of previous requests.

21:53:31 >> Maybe you didn't have to.

21:53:33 >>> I have never been to the ones.

21:53:36 I'm a founder, charter board member.

21:53:41 >>SHAWN HARRISON: Staff, question.

21:53:42 What is being wet zoned here?




21:53:44 Because it's not the museum, is it?

21:53:49 It's the property where they hold the Renaissance

21:53:52 festival.

21:53:52 >>HEATHER LAMBOY: This property is to the east of the

21:53:56 museum.

21:53:57 This would be it right here.

21:54:01 >> And there's not any improvements so it's not like

21:54:03 there's a bar or anything that's going to pop up.

21:54:05 I mean, as I recall, they came in for the temporary

21:54:10 wet zonings for the last couple of years, and now this

21:54:14 will just relieve them of the obligation that will

21:54:17 continue to come in.

21:54:18 >>> That's correct.

21:54:18 And it was advised by the zoning supervisor for them

21:54:22 to do this.

21:54:23 >> Don't we have a rule that says if you don't serve

21:54:26 alcoholic within a certain period of time that you

21:54:29 automatically dry up?

21:54:30 So how would they get around that?

21:54:33 >>CATHLEEN O'DOWD: Legal department.

21:54:34 Until this evening, I was not aware that they were

21:54:37 planning on just providing sales for 14 days out of




21:54:40 the calendar year.

21:54:41 When this was discuss add year ago with

21:54:44 representatives from MOSI, I recall Pete Cowles

21:54:46 representing city, and it was his understanding a year

21:54:49 ago that what was being provided through the

21:54:53 Renaissance festival was somehow going to become more

21:54:56 of a permanent structure, that they were actually

21:55:02 going to build on the land, and they were going to be

21:55:04 permanent facilities, but that has changed.

21:55:07 I have not been advised of that. I was just

21:55:09 mentioning to Heather Lamboy that if they are planning

21:55:12 on just providing for sales 14 days out of the year,

21:55:15 there is going to be a problem with them complying

21:55:19 with the wet zoning requirements.

21:55:21 I did want to note for the record, when the temporary

21:55:25 wet zoning was approved last year pursuant to

21:55:28 ordinance number -- give me a moment -- 2005-60, it

21:55:34 was for an area, I believe 11.16 acres so it was a

21:55:42 smaller area than what is currently being proposed in

21:55:45 the petition before you this evening.

21:55:47 Thank you.

21:55:49 >>ROSE FERLITA: Ms. O'Dowd, just a question.




21:55:53 I don't know how their 14 days will break up.

21:55:55 But if they could make some accommodations to make an

21:55:58 alcohol sale once a month, doesn't that keep their wet

21:56:00 zone status?

21:56:02 >>CATHLEEN O'DOWD: Well, that's an interesting

21:56:04 discussion, and it's one that I have been having with

21:56:06 staff, with Linda in coordination as well as business

21:56:09 license tax division.

21:56:10 We have been working on an amendment to section 3-90

21:56:14 in our code that deals with sales of alcohol.

21:56:17 And city staff would be recommending to council when

21:56:22 they are ready to go forward on this that we avoid a

21:56:25 situation where sales are occurring once every month,

21:56:29 that the intent of the wet zoning ordinance is for

21:56:31 there to be ongoing sales, not that staff is

21:56:34 necessarily supporting the sale of more alcohol, but

21:56:38 the intent of the wet zoning zoning is that you will

21:56:40 have establishments that are open to the public, and

21:56:43 that there is an ongoing business there.

21:56:46 So that will be a philosophical discussion for council

21:56:49 when staff does bring that before you.

21:56:51 >>ROSE FERLITA: What's the time frame for that?




21:56:56 >>CATHLEEN O'DOWD: I was just reviewing the file this

21:56:58 evening as I was getting ready for this hearing.

21:57:01 I would like to meet with Cathy Coyle one more time to

21:57:04 final advertise languages.

21:57:04 I know city staff would like to meet with industry

21:57:07 representatives, so that we can come before council

21:57:10 where consensus can be achieved, it will have been

21:57:13 achieved.

21:57:13 I would anticipate -- and I know Thom Snelling is

21:57:17 talking about it this morning, I believe may be middle

21:57:21 of February or the middle of March I think was the

21:57:24 time frame he proposed to council.

21:57:26 >> So at that point you are saying if he went forward

21:57:29 based on what the regulations are now, they would have

21:57:31 to sell alcohol every single day?

21:57:33 >>> Not every single day but the intent is more than

21:57:35 just once a month.

21:57:38 >> Then what would your recommendation be?

21:57:40 Twice a month?

21:57:43 >>GWEN MILLER: How many times a year?

21:57:45 >>ROSE FERLITA: So I'm just wondering, Mr. Shelby,

21:57:49 whether or not it would be worth it for them to go




21:57:51 forward with this based on what the status is now, and

21:57:53 then depending on what your interpretation is when you

21:57:56 go forward with their recommendation.

21:57:57 But if it's something that's not one day a month but

21:58:01 maybe once a week or something, they can do something.

21:58:04 But they have to come back for their wet zonings.

21:58:08 >>MARTIN SHELBY: But I believe the testimony to this

21:58:11 point under the present law, what their anticipation

21:58:14 is for the sale of alcohol will cause a conflict with

21:58:17 the current -- even as its proposed.

21:58:21 >>CATHLEEN O'DOWD: I'll let them address what they

21:58:24 intend to do with regard to sales.

21:58:26 They mentioned earlier 14-day period.

21:58:28 I don't know if it's intended to be 14-day period and

21:58:31 after no sales throughout the year but I think the

21:58:33 MOSI representatives can address that.

21:58:40 >>> Let me apologize in advance for some of my

21:58:43 ignorance on some of the legalities here.

21:58:46 The primary reason to ask for wet zoning of the west

21:58:50 property is to accommodate the Renaissance festival,

21:58:54 which happens for seven weekends in March and April.

21:58:58 So they are consecutive weekends.




21:59:00 There's about a 60-day period when alcohol is served.

21:59:03 In this process, in talking with the city staff, they

21:59:07 had recommended that we get the permanent wet zoning

21:59:09 because it would allow MOSI, with what we had on-site,

21:59:14 to do other kinds of events and activities in that

21:59:17 area.

21:59:18 The Renaissance festival has cleared some of that

21:59:21 land.

21:59:21 We could do corporate picnics out there and those kind

21:59:25 of things serving alcohol and the wet zoning would

21:59:28 permit us to do that.

21:59:29 I can't stand here, however, and say we have a plan in

21:59:32 place to sell alcohol every 30 days, every 60 days.

21:59:36 It would just give us the opportunity to do so, and

21:59:38 expand our opportunities for other things and use the

21:59:44 site.

21:59:44 >>ROSE FERLITA: Certainly I am not suggesting, I'm

21:59:46 just wondering.

21:59:47 Based on the conversation we have do you want to

21:59:49 continue this so you can discuss it?

21:59:51 >>> The festival starts in March so we have to

21:59:54 continue some kind of wet zoning.




21:59:55 And then if it dries up again we'll have to address it

21:59:57 for next year again.

22:00:02 That's that.

22:00:08 >>SHAWN HARRISON: It seems to me like there's got to

22:00:10 be a way, Kate, for us to figure out, craft some sort

22:00:14 of, you know, some sort of chapter or ordinance for

22:00:19 multi--- I mean, permanent festivals in this nature.

22:00:23 So that you don't have to keep coming up and asking

22:00:26 for temporaries.

22:00:27 Because I don't -- I know we have had issues about

22:00:30 temporary wet zonings in the past, too, because they

22:00:32 don't quite fit into the normal definition there

22:00:35 either.

22:00:35 So I don't want them to go away with not having to be

22:00:40 able to serve alcohol for this year's Renaissance

22:00:43 festival.

22:00:43 I don't like the idea of them having to come up with

22:00:46 some creative alcohol sales so that they can keep

22:00:50 their wet zoning on property that's vacant.

22:00:55 >>> I understand.

22:00:56 There will be an opportunity this year to look at

22:00:58 chapter 3, and do some comprehensive revisions to




22:01:01 that.

22:01:02 I think this is an excellent topic for staff to look

22:01:04 at and have some recommendations to council.

22:01:07 >>SHAWN HARRISON: We can get through the festival this

22:01:16 year. We have a way to get through it in the future.

22:01:19 >> If that is an option that the petition core propose

22:01:22 I could device an ordinance and bring it back next

22:01:29 week.

22:01:29 >>GWEN MILLER: Did you hear what Ms. O'Dowd said?

22:01:33 >>> I'm not sure what the conditional means.

22:01:34 Is that like a temporary?

22:01:35 Is that we have done for the past couple of years.

22:01:39 >> Right.

22:01:39 >>> Would that require to us repeat next year and redo

22:01:42 this?

22:01:43 >> A conditional would have to come back.

22:01:44 >>GWEN MILLER: They have to come back.

22:01:49 >>CATHLEEN O'DOWD: A conditional is for one year and

22:01:51 they have to come back.

22:01:54 >>> Which is way thought we were doing this year.

22:01:56 But we can do that.

22:01:58 However we have to do it is how we'll dot and we are




22:02:01 happy to do that.

22:02:02 >>SHAWN HARRISON: Move to close.

22:02:05 >>MARY ALVAREZ: Second.

22:02:05 (Motion carried).

22:02:07 >>GWEN MILLER: Need to read 15.

22:02:08 >>SHAWN HARRISON: On 15, move an ordinance rezoning

22:02:12 property in the general vicinity of 4601 and 1415 east

22:02:17 Fowler Avenue in the city of Tampa, Florida and more

22:02:18 particularly described in section 1 from zoning

22:02:20 district classifications IG industrial general and IH

22:02:24 industrial heavy to CI commercial intensive, providing

22:02:26 an effective date.

22:02:26 >>GWEN MILLER: I have a motion and second.

22:02:28 (Motion carried).

22:02:30 Now make a motion.

22:02:31 >>SHAWN HARRISON: On 18 I send to move this to legal

22:02:34 for a preparation of a one-year conditional.

22:02:36 >>LINDA SAUL-SENA: Second.

22:02:38 (Motion carried).

22:02:39 >>HEATHER LAMBOY: The one year conditional request

22:02:42 return on the 19th of January at the morning

22:02:45 meeting?




22:02:47 >>GWEN MILLER: Yes.

22:02:47 >>MARY ALVAREZ: Move to open number 16.

22:02:57 >> Second.

22:02:58 [Motion Carried]

22:03:17 >>CHAIRMAN: There's one person left.

22:03:20 >>HEATHER LAMBOY: I would like to make the shortest

22:03:35 presentation ever.

22:03:35 I ask for approval.

22:03:38 No, Heather Lamboy, land development.

22:03:42 I have been sworn.

22:03:44 Subject property is located on Louisiana Avenue

22:03:46 between 15th and 13th.

22:03:50 Just to give you some pictures, this is the existing.

22:03:56 Single family residence.

22:03:59 It is single family residential.

22:04:06 This is the elevation.

22:04:08 I would just like to commend the petitioner on the

22:04:11 elevation.

22:04:14 It was outstanding.

22:04:15 The Seminole Heights overlay standard.

22:04:17 Staff has in a objections.

22:04:18 >>MICHELE OGILVIE: Planning Commission staff.




22:04:24 I have been sworn in.

22:04:26 We find the request to be appropriate in-fill.

22:04:29 We have provided policy statements for the staff

22:04:34 reports, finding consistency with the comprehensive

22:04:36 plan.

22:04:37 We do not object to the rezoning.

22:04:38 >>GWEN MILLER: Petitioner.

22:04:41 >>KEVIN WHITE: Do you have any objections, petitioner?

22:04:47 >>> No.

22:04:47 >>GWEN MILLER: Anyone in the public want to speak?

22:04:50 >>KEVIN WHITE: Move to close the public hearing.

22:04:53 >> Second.

22:04:53 (Motion carried).

22:04:53 >>GWEN MILLER: You read it.

22:04:56 >>KEVIN WHITE: Move an ordinance rezoning the property

22:05:00 in the general vicinity of 1403 east Louisiana Avenue

22:05:03 in the city of Tampa, Florida as more particularly

22:05:05 described in section 1 from zoning district

22:05:07 classifications RS-50 residential single family to PD

22:05:11 single family residential, providing an effective

22:05:13 date.

22:05:17 >>GWEN MILLER: All in favor say Aye.




22:05:18 (Motion carried).

22:05:19 Anything else to come before council?

22:05:21 >> Move to receive and file all documents.

22:05:24 >> Second.

22:05:24 (Motion carried).

22:05:25 >>GWEN MILLER: We stand adjourned.

22:05:31 (City Council meeting adjourned at 10:05 p.m)

22:05:41

22:05:48