Tampa City Council
Thursday, January 12, 2006
5:30 p.m. session
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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
17:49:56 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.
17:50:20 (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 >>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.
17:53:20 >>THE CLERK: I'm sorry, no. It would be February
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 >>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
17:55:15 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
17:57:41 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
17:58:14 I'm available for any questions.
17:58:15 >>GWEN MILLER: Petitioner?
17:58:16 >>JIM SHIMBERG: Holland and Knight representing
17:58:21 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
17:59:22 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
18:19:14 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,
18:19:30 What are we going to delete?
18:19:34 >>HEATHER LAMBOY: She says with such hope.
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
18:21:01 >>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 >>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.
18:22:21 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 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 >>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
18:23:22 620 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
18:25:24 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
18:26:04 >>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
18:26:49 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
18:27:59 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 >>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
18:31:15 >>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 >>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 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
18:32:14 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 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 >>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
18:34:55 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 >>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
18:35:27 >>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 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
18:36:36 >>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 >>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
18:37:42 >>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.
18:38:11 (Motion carried).
18:38:12 >>GWEN MILLER: Item number 5 is a continued public
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 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
18:40:24 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
18:41:10 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.
18:41:30 >>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
18:42:02 Just to show you some pictures this is the subject
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 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
18:43:23 >>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
18:44:30 >> 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
18:44:44 >> 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 >>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
18:45:26 >>MARY ALVAREZ: Mrs. Saul-Sena brought autopsy good
18:45:28 point about multi-story units in a single-family area
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
18:46:51 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
18:47:01 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 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
18:49:02 >>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
18:50:16 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 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
18:54:34 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
18:56:19 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 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
18:58:14 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 Or do you have objections for consistency and
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
18:59:19 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 >>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
19:03:50 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
19:05:18 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
19:06:21 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
19:07:26 >>GWEN MILLER: Let me see if there's anyone in
19:07:29 Is there anyone in the public to speak on item number
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
19:07:45 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 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
19:09:30 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
19:10:22 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.
19:11:04 >>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
19:12:57 To Manhattan, they have businesses on the east side of
19:13:00 the south side.
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
19:13:35 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
19:13:58 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
19:14:11 And as you go down the street, this is what you're
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
19:15:14 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
19:17:14 Because that is ha what is happening in the
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 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
19:20:11 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
19:21:27 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.
19:23:13 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
19:23:37 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 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
19:25:38 If you can notice, it was a through-way at one time to
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
19:26:00 Then we are right up to Trask and another block from
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
19:27:39 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
19:29:26 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
19:30:23 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 >>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 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 Because I don't think there's anything to break that
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 >>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 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 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
19:43:59 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 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
19:46:34 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
19:49:29 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
19:51:24 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
19:53:07 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%
19:55:31 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
19:55:53 >>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 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.
19:57:11 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
19:57:52 >> 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 Just please raise your hand to acknowledge you're
19:58:22 John Stines, Jr.
19:58:27 Margaret BOHAN.
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.
19:59:35 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
20:00:05 >> What is it?
20:00:07 >>> There's the crowbar that I used to take the lid
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
20:01:18 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
20:01:32 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
20:03:29 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 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 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
20:06:34 >>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 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 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
20:07:49 >>> 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
20:08:23 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 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 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 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
20:09:39 Than one single-family house building from set back to
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 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
20:11:02 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 >>> Right.
20:12:02 >> So I think you and I are saying the same thing,
20:12:05 >>> Pretty much.
20:12:05 >> Pretty much.
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 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
20:13:49 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 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 >>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
20:16:13 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
20:18:21 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
20:21:06 >>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
20:24:56 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
20:25:20 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
20:25:30 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 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
20:27:03 >>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
20:29:23 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
20:30:25 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
20:30:34 A view of the landmark building to the north of the
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
20:31:43 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
20:33:04 >>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
20:34:12 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
20:35:08 >>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
20:36:37 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 But they hadn't had it worked out at that particular
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 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
20:38:59 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 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
20:40:34 >> 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
20:41:52 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
20:43:47 We have worked with the land owners, almost all of
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
20:44:30 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
20:45:48 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."
20:47:30 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
20:50:32 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
20:51:46 A larger view of that site.
20:51:47 There we are again.
20:51:49 You can see Tampa road here.
20:51:52 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
20:53:28 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
20:56:34 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
20:56:56 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 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
20:59:39 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
21:01:38 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 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 >>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 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 The that motion, didn't get a vote.
21:04:46 All in favor?
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
21:05:12 >> 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
21:05:58 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 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 >>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
21:07:40 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
21:10:20 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 Is anyone in the public want to speak on item number
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 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
21:13:32 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,
21:16:58 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
21:17:26 They don't have to do the masonry wall and 15-foot
21:17:30 >> The things that are grandfathered in would not
21:17:32 necessarily have to erect a landscape buffer or a
21:17:36 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
21:18:04 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
21:18:23 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 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
21:23:52 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 Planning Commission staff has no objection to the
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
21:27:49 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
21:28:04 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
21:29:34 >>> I don't think our developer has any problem with
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
21:29:57 >>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
21:31:14 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
21:32:05 >>> 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 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.
21:36:37 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 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 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
21:38:14 >>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 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
21:39:55 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
21:41:15 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 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
21:42:41 >> 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 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
21:43:00 >>> 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
21:43:46 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
21:44:02 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
21:45:01 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 And we are going to on that corner put in more
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
21:46:25 I will be happy to answer any questions.
21:46:27 But you don't need me to wax eloquent any longer, I
21:46:32 >>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
21:47:39 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 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
21:49:23 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
21:49:58 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
21:51:05 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
21:51:37 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 >>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
21:53:06 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 >>HEATHER LAMBOY: This property is to the east of the
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 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
21:59:18 The Renaissance festival has cleared some of that
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 >>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 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 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
22:01:02 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 >>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
22:01:43 >> 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
22:02:47 >>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
22:04:14 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
22:04:37 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
22:05:17 >>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)