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City of Tampa
Tampa City Council
Thursday, July 13, 2006, 5:30 p.m. Session

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17:37:12 [Sounding gavel]
17:40:13 >>SHAWN HARRISON: Tampa City Council is called to
17:40:14 order.
17:40:14 The chair will yield to councilman John Dingfelder.

17:40:18 >>JOHN DINGFELDER: Thank you, Mr. Chairman.
17:40:19 We'll have Desiree Valdez, aide to Mary Alvarez, give
17:40:24 the invocation followed by the pledge of allegiance,
17:40:27 if you will all please stand.
17:40:31 >> Desiree: Dear God...
17:40:41 (off microphone)
17:40:43 And understanding and reason.
17:41:01 In the duties we have elected them here to.
17:41:04 May everyone who enters this chamber be blessed with
17:41:06 integrity, honesty and patience and for those near and
17:41:09 far standing true for our freedom, may God be with
17:41:12 them always, for this we pray.
17:41:14 Amen.
17:41:16 (Pledge of Allegiance).
17:41:34 >>SHAWN HARRISON: Roll call.
17:41:35 [Roll Call]
17:41:36 >>MARY ALVAREZ: Move to open.
17:41:42 >>SHAWN HARRISON: Our first item is clean-up from this
17:41:45 morning.
17:41:45 We have the revised chapter 27 revisions.
17:41:49 And councilman Dingfelder drew the short straw.
17:42:10 [Ordinance being presented for second reading] - An
17:42:10 ordinance of the City of Tampa, Florida, making
17:42:10 comprehensive revisions to Chapter 27, Zoning Code, of
17:42:10 the City of Tampa Code of Ordinances; amending Section
17:42:10 27-77, Official Schedule of District Regulations;
17:42:10 amending Section 27-77, Table 4-1, Schedule of
17:42:10 Permitted Uses by District; amending Section 27-77,
17:42:10 Table 4-2, Schedule of Area, Height, Bulk, and
17:42:10 Placement Regulations; amending Section 27-97, Height
17:42:10 Regulation Generally; amending Section 27-98,
17:42:10 Permitted Projections Into Required Yards; amending
17:42:10 Section 27-100, Lots, Yards and Measurements; amending
17:42:10 Section 27-126, Accessory Structures; amending Section
17:42:10 27-127, Enclosure of Existing Porches; Section 27-133,
17:42:10 Fence and Wall Regulations; amending Section 27-134.1,
17:42:10 Commercial Communication Towers Regulations; amending
17:42:10 Section 27-135, Swimming Pools; amending Section
17:42:10 27-136, Performance Standards for Industrial,
17:42:10 Manufacturing and Processing Operations; amending
17:42:10 Section 27-137, Single-family, Semi-detached Design
17:42:10 Standards; Standards; amending Section 27-138, Open
17:42:10 Storage; amending Section 27-151, Reserved; Table 8-1,
17:42:10 Schedule of Permitted Uses and Permissible Special

17:42:10 Uses; amending Section 27-180, Table 8-3, Table of
17:42:10 Required Parking Spaces; amending Section 27-240,
17:42:10 Visibility at Intersections; amending Section 27-242,
17:42:10 Table 10-1, Table of Required Parking Spaces; amending
17:42:10 Section 27-245, Administrative Variance of Required
17:42:10 Parking Spaces; amending Section 27-246, Off-street
17:42:10 Parking Space Standards; amending Section 27-267,
17:42:10 Classes of Special Use Permits; agent or body
17:42:10 responsible for each general procedure; amending
17:42:10 Section 27-272, Regulations Governing Individual
17:42:10 Special Uses; amending Section 27-321, purpose;
17:42:10 amending Section 27-323, Review Procedure; amending
17:42:10 Section 27-324, General Requirements; amending Section
17:42:10 27-325, RO, RO-1 and CN districts; amending Section
17:42:10 27-326, PD Planned Development District; amending
17:42:10 Section 27-327, PD(A) Planned Development Alternative;
17:42:10 amending Section 27-328, Bonus Provisions; amending
17:42:10 Section 27-329, Tampa Quality Development (TQD)
17:42:10 District; amending Section 27-373, Appeal Method;
17:42:10 amending Section 27-393, Procedure for Amendment
17:42:10 Application; amending Section 27-395, Receipt of
17:42:10 Applications; holding of public hearings by City

17:42:10 Council; amending Section 27-396, Comprehensive Review
17:42:10 of Chapter; amending Section 27-398, City Council
17:42:10 Reconsideration; amending Section 27-438, Table 18-1,
17:42:10 Schedule of Permitted Principal, Accessory and Special
17:42:10 Uses; amending Section 27-439, Table 18-2, Schedule of
17:42:10 Dimensional Regulations; amending Section 27-440,
17:42:10 Development Design Approval and Procedures; amending
17:42:10 Section 27-441, Development Design Regulations;
17:42:10 amending Section 27-442, Parking Requirements;
17:42:10 amending Section 27-452, Official Schedule of
17:42:10 Permitted Principal, Accessory and Special Uses;
17:42:10 amending Section 27-456, Parking Requirements;
17:42:10 amending Section 27-459, Residential Overlay
17:42:10 Districts; amending Section 27-460, Commercial Overlay
17:42:10 Districts; amending Section 27-466, West Tampa Overlay
17:42:10 District Development Design Standards; amending
17:42:10 Section 27-467, Parkland Estates Overlay District;
17:42:10 amending Section 27-523, Definitions; providing for
17:42:10 repeal of all ordinances in conflict; providing for
17:42:10 severability; providing an effective date.
17:46:05 >>SHAWN HARRISON: We have a motion and second.
17:46:06 Any discussion on the motion?

17:46:08 Yes, Mrs. Alvarez.
17:46:10 >>MARY ALVAREZ: I am going to go ahead and vote for
17:46:12 this simply because it's the will of the council, and
17:46:15 also because Cathy Coyle said that it was imperative
17:46:20 that we move forward with this, with the exception of
17:46:22 the 4-5 sections that have been removed.
17:46:28 So I'm just putting it on the record that I will
17:46:31 support this but with reservations.
17:46:34 >>SHAWN HARRISON: Thank you.
17:46:34 Any other comments by council members?
17:46:36 All right.
17:46:38 Roll call.
17:46:40 >>JOHN DINGFELDER: Yes.
17:46:41 >>LINDA SAUL-SENA: Yes.
17:46:42 >>MARY ALVAREZ: Yes.
17:46:43 >>SHAWN HARRISON: Yes.
17:46:47 >>THE CLERK: Motion carried with Miller, Ferlita and
17:46:49 white being absent.
17:46:49 >>SHAWN HARRISON: Okay, great.
17:46:51 Thank you.
17:46:53 >>JOHN DINGFELDER: And thanks to staff.
17:46:59 >>SHAWN HARRISON: We are now in our 5:30 agenda.

17:47:01 Do we have staff with some continuances or updates to
17:47:05 the agenda?
17:47:06 >>MARTIN SHELBY: I believe we should do the 5:30 first
17:47:16 and then the continuances at 6:00.
17:47:18 >>SHAWN HARRISON: All right.
17:47:19 We'll need a motion for number 1.
17:47:23 >> So moved.
17:47:23 >> Second.
17:47:24 (Motion carried).
17:47:25 >>SHAWN HARRISON: If there's anyone in the audience
17:47:27 who intends to testify on either items 1 or 2, please
17:47:33 stand and raise your right hand to be sworn in.
17:47:38 (Oath administered by Clerk).
17:47:46 >>DENNIS FERNANDEZ: Historic preservation member,
17:47:48 manager here, item number 1, which is a multiple
17:47:51 properties designation for three properties in West
17:47:54 Tampa.
17:47:55 And I have a short PowerPoint to orient you on these.
17:47:59 Again, this is a multiple properties listing of three
17:48:16 properties in West Tampa, all located in the West
17:48:18 Tampa national register of historic district.
17:48:21 First property you see on the left of your screen is

17:48:24 2502 north Howard Avenue, which is a two-story red
17:48:28 brick masonry structure.
17:48:29 And then we have two other structures, residential
17:48:32 structures located on the right, which are two of the
17:48:36 Florida department of transportation relocations.
17:48:38 We are probably more familiar with the 33 that are in
17:48:43 the Ybor City local historic district.
17:48:45 These are two from West Tampa.
17:48:51 West Tampa was platted from McFarland's concept of 120
17:48:55 acres, and officially incorporated into the City of
17:48:57 Tampa.
17:48:59 McFarland fashion, West Tampa after Ybor City and its
17:49:03 success as a cigar manufacturing town.
17:49:07 Enticed cigar manufacturers with pre-built factories
17:49:10 and homes for workers for rent and for sale, and the
17:49:14 two homes that we are looking at today fit that
17:49:17 criteria.
17:49:18 The concept succeeded and in ten years West Tampa was
17:49:21 the fifth largest city in Florida, and a major cigar
17:49:24 manufacturing center.
17:49:27 The first structure we are considered is a commercial
17:49:29 building of 2502 north Howard Avenue.

17:49:32 It's had a number of uses.
17:49:34 It's commonly referred to today as the gold Nugget,
17:49:37 was a former business.
17:49:40 In that building.
17:49:41 Also has restaurants, and several textile businesses.
17:49:47 You can see its location on the corner of Howard and
17:49:49 beach on the proximity map and the 1929 Sanborn map.
17:49:53 The structure was actually constructed in 1903.
17:49:58 Currently the structure is undergoing a major
17:50:01 rehabilitation, according to the is secretary of
17:50:04 interior standards for rehabilitation.
17:50:07 He has done a wonderful job on this building and
17:50:10 believes it's going to be open for business later this
17:50:11 year.
17:50:15 The next structure is residential structure, 2312 west
17:50:19 Laurel street, which was moved to 1915 west LaSalle
17:50:23 street, as far as the interstate expansion, was built
17:50:26 in 1928.
17:50:27 This structure is also gone through an exhaustive
17:50:31 rehabilitation, according to the secretary of interior
17:50:33 standards including the exterior material which was
17:50:36 stuck odd and has been removed, and the removal of a

17:50:39 number of inappropriate modifications on the interior.
17:50:46 You see the proximity map of where it was located
17:50:48 originally.
17:50:50 And of course that's been moved, as I said, to LaSalle
17:50:53 street.
17:50:55 The next structure, just adjacent to the previous
17:50:58 structure, was moved from 1924 west Laurel street to
17:51:02 1917 west LaSalle street.
17:51:05 You can see the series of photographs showing the
17:51:08 rehabilitation of this structure.
17:51:09 This structure has been actually sold from the FDOT,
17:51:14 is in private ownership now. The owner is supportive
17:51:17 of the designation.
17:51:20 The Historic Preservation Commission is recommending a
17:51:23 designation of these structures under a multiple
17:51:25 properties designation, which links them through
17:51:31 significant criteria, cry carry -- criteria A, for
17:51:36 their contribution to the broad patterns of early
17:51:38 development in West Tampa.
17:51:39 Criteria B, which is significant person associated
17:51:42 with McFarland, the founder of West Tampa,
17:51:45 representing typical building styles that define his

17:51:48 vision for a successful city.
17:51:50 And criteria C which is architecture, samples of
17:51:54 rapidly shrinking, building stock in West Tampa, the
17:51:57 brick vernacular in west Tampa and bungalow are
17:52:04 inherent in the history of the area.
17:52:06 And that concludes my presentation.
17:52:07 >>SHAWN HARRISON: Is this anyone in the public who
17:52:11 would like to speak on item number 1?
17:52:13 >>ROSE PETRUCHA: Planning Commission staff. The
17:52:20 Planning Commission reviewed the proposed landmark
17:52:23 designation of these three structures as part of the
17:52:25 West Tampa multiple properties group on June 12th,
17:52:28 2006.
17:52:29 They did find it consistent with the goals and
17:52:32 objectives of the Tampa comprehensive plan including
17:52:34 the historic resources element and the future land use
17:52:37 element.
17:52:38 Thank you.
17:52:41 >>SHAWN HARRISON: Is there anyone in the public who
17:52:42 would like to be speak on item number 1?
17:52:47 >> Move to have close.
17:52:47 >> Second.

17:52:48 (Motion carried).
17:52:50 >>MARY ALVAREZ: Mr. Fernandez, just for the record,
17:52:57 these were voluntary designations, correct?
17:53:00 >> That's correct.
17:53:01 >> And for that reason, I will support it.
17:53:07 I would like to make a motion.
17:53:13 Move an ordinance of the city of Tampa, Florida
17:53:15 designations properties located at 1915 west LaSalle
17:53:20 street, 1917 west LaSalle street and 2502 north Howard
17:53:24 Avenue Tampa, Florida to be known as the West Tampa
17:53:28 multiple properties group as a landmark repealing all
17:53:31 ordinances in conflict, providing for severability,
17:53:35 providing an effective date.
17:53:36 >>SHAWN HARRISON: We have a motion and second.
17:53:37 Any discussion on the motion?
17:53:41 [Motion Carried Unanimously]
17:53:41 >>SHAWN HARRISON: Motion carries unanimously.
17:53:44 Thank you, Dennis.
17:53:46 Item number 2.
17:53:47 >>JULIA COLE: Legal department.
17:53:51 The item cannot be heard.
17:53:52 It was not noticed properly.

17:53:54 You have in front of you a resolution rescinding the
17:53:56 previous resolution setting this for public hearing,
17:53:58 and rescheduling that public hearing.
17:54:02 >>SHAWN HARRISON: Ms. Saul-Sena?
17:54:04 >>LINDA SAUL-SENA: I'm just eager to find out when we
17:54:07 are resetting it for.
17:54:16 >>> August 17th and August 31st.
17:54:21 >>LINDA SAUL-SENA: So moved.
17:54:22 >>SHAWN HARRISON: We have a motion and second to
17:54:23 rescind and reschedule the hearings for the 17th
17:54:25 and 31st of August.
17:54:27 Any discussion?
17:54:28 All in favor of the motion signify by saying Aye.
17:54:30 [Motion Carried Unanimously]
17:54:31 That takes us to through our 5:30 agenda.
17:54:34 Bee don't have anything else until 6:00.
17:54:37 We will stand adjourned until 6:00.
17:54:44 (Tampa City Council in recess until 6:00)
18:12:27
18:12:27
18:12:27
18:12:27 [Sounding gavel]

18:13:04 >>SHAWN HARRISON: Tampa City Council is now called
18:13:05 back to order.
18:13:06 Roll call.
18:13:07 >>JOHN DINGFELDER: Here.
18:13:08 >>LINDA SAUL-SENA: Here.
18:13:10 >>SHAWN HARRISON: Here.
18:13:12 >>MARY ALVAREZ: Here.
18:13:17 >> Here.
18:13:18 >>SHAWN HARRISON: All right.
18:13:19 We have a few that will be continued.
18:13:22 Ms. Lamboy, can you help us?
18:13:24 >>HEATHER LAMBOY: Land development.
18:13:25 I would like to go over the agenda with reference to
18:13:27 continuances and rescheduling.
18:13:30 First of all, I would like to pick up a piece of
18:13:33 business that was left over from this morning.
18:13:38 There's a few pages that need to be walked on for
18:13:42 August 17th due to our understaffing, the
18:13:45 right-of-way division.
18:13:46 We did not get these certified in time to have them
18:13:48 get to the normal doc agenda.
18:13:50 So 06-89 in the Westshore overlay oxidant street and Z

18:13:59 06-85, 4410 west Boy Scout Boulevard.
18:14:04 Schedule them for August 17th.
18:14:06 >>JOHN DINGFELDER: So moved.
18:14:06 >>MARY ALVAREZ: How many do we have for those?
18:14:13 >> There are some that have been added but there are
18:14:16 cases pulled off, because of the necessity for a plan
18:14:18 amendment, and we are in the process of getting the
18:14:21 formal withdrawal letters right now.
18:14:28 >>SHAWN HARRISON: Motion and second.
18:14:29 Carries.
18:14:30 >> with reference to agenda item number 4, 06-09 is
18:14:35 not going to be heard tonight.
18:14:38 There are two rezonings on basically the same
18:14:40 property.
18:14:40 And so 06-09 became Z-05-129.
18:14:45 That was amended.
18:14:46 And this is held in abeyance just because if you --
18:14:51 you can rezone property according to our code.
18:14:54 So we are going to continue that, would like to
18:14:58 continue that case until there's action on 05-129.
18:15:01 >>MARY ALVAREZ: So moved.
18:15:04 >>SHAWN HARRISON: Forever?

18:15:06 >>> No, until there's action on 75-129, on that case,
18:15:11 receives action, then we will withdraw 06-09.
18:15:15 >>SHAWN HARRISON: Should we like put into -- put them
18:15:19 into pending calendar?
18:15:20 How do we just continue something forever?
18:15:24 >>> I think the intent is to hold that till the end of
18:15:26 the agenda.
18:15:26 And then at that point in time, that will be
18:15:29 withdrawn.
18:15:30 But because there's a number and depending on the way
18:15:32 they are in the agenda --
18:15:33 >>JOHN DINGFELDER: Oh, 129 is number 6.
18:15:36 >>> Right.
18:15:36 If you take action -- okay.
18:15:38 >>SHAWN HARRISON: All right.
18:15:39 We understand.
18:15:40 Okay, we have a motion and second.
18:15:42 All in favor of the motion signify by saying Aye.
18:15:45 >>> Sorry I wasn't more clear.
18:15:47 Item number 9.
18:15:48 06-66 must be continued due to a change in ownership.
18:15:52 The first available slot is September 28th.

18:15:56 >> Is there anyone in the public that came this
18:15:58 evening to speak on item number 9?
18:16:02 Okay.
18:16:03 So we have a motion and second to continue that to
18:16:05 September 28th.
18:16:07 Any discussion on that motion?
18:16:08 All in favor signify by saying Aye.
18:16:10 Motion carries.
18:16:11 Okay.
18:16:14 >>> Item number 12, 06-55 cannot be heard.
18:16:17 The first available date is October 14th.
18:16:20 >>SHAWN HARRISON: Is there anyone in the public that
18:16:24 came to speak on item number 12?
18:16:26 Very well.
18:16:27 We have a motion and second to continue that.
18:16:28 What was the date, Heather?
18:16:33 >>MARY ALVAREZ: September 14th.
18:16:33 (Motion Carried).
18:16:37 >>> Item number 13, Z 06-68 cannot be heard. The
18:16:42 first available date is the 14th.
18:16:45 However petitioner is requesting August 17th.
18:16:48 And that is a full agenda.

18:16:51 >>SHAWN HARRISON: Is there anyone in the public who
18:16:52 came to speak on item number 13 this evening?
18:17:02 >>> Truett Gardner, 101 South Franklin.
18:17:05 It's actually a misnotice.
18:17:06 There's two condos.
18:17:07 We ordered our list from the property appraiser's
18:17:11 office, caught all of them in one, half of them in the
18:17:14 other but for whatever reason left off a couple.
18:17:17 That's the only reason for the misnotice.
18:17:19 As a result, I would like to request August 17th
18:17:21 if at all possible.
18:17:25 >>ROSE FERLITA: So moved.
18:17:26 >>SHAWN HARRISON: Is there a second to that motion?
18:17:29 August 17th.
18:17:31 We have a full agenda.
18:17:37 >>JOHN DINGFELDER: Were you aware it was full?
18:17:39 >>ROSE FERLITA: Obviously not.
18:17:40 >>SHAWN HARRISON: We need a motion to schedule to
18:17:42 September 14th.
18:17:46 >>JOHN DINGFELDER: So moved.
18:17:47 Second.
18:17:48 (Motion Carried).

18:17:50 >>SHAWN HARRISON: Is that it, Heather?
18:17:55 >>HEATHER LAMBOY: That's it.
18:17:56 >>SHAWN HARRISON: All right then.
18:17:58 Everyone who intends to testify this evening on any
18:18:01 item that remains on the agenda, please stand up,
18:18:05 raise your right hand and be sworn in.
18:18:26 (Oath administered by Clerk).
18:18:27 >>MARTIN SHELBY: Number one, ski that all written
18:18:29 communication relative to tonight's hearings that has
18:18:32 been available to the public at council offices be
18:18:35 received and filed into the record provider to action
18:18:37 tonight.
18:18:37 Have you received anything, madam clerk?
18:18:41 >> So moved.
18:18:42 >> Second.
18:18:42 (Motion carried).
18:18:45 >> Secondly, council, a reminder of any ex parte
18:18:49 communications, if you have spoken with any
18:18:51 petitioner, his or her representative or any member of
18:18:53 the public in connection with any of the hearings
18:18:55 tonight, please disclose that, the substance of that
18:18:58 communication, when it took place, prior to action.

18:19:01 And finally, to move things along, I put a little sign
18:19:05 to remind you, please when you state your name,
18:19:07 reaffirm for the record that you have been sworn in.
18:19:09 And if you haven't, let the clerk know that, too.
18:19:12 Thank you.
18:19:12 >>SHAWN HARRISON: And I would like to let everyone
18:19:14 know that the Mascotte room downstairs on the first
18:19:17 floor is open, it has a television so that you can
18:19:19 follow the proceedings.
18:19:21 If you're here on an item that is not scheduled to be
18:19:24 heard until later on in the agenda, you may want to go
18:19:28 down and wait in the Mascotte room.
18:19:30 That's available.
18:19:31 So item number 3.
18:19:35 >>HEATHER LAMBOY: Another housekeeping item.
18:19:37 I would like to introduce our new planner.
18:19:42 He comes to us from the mayor's beautification task
18:19:44 force.
18:19:46 His area of expertise is an environmental studies, and
18:19:50 he's a great asset to the office.
18:19:54 You will be seeing him in the future.
18:19:56 Davesh.

18:20:01 >>ROSE FERLITA: Welcome.
18:20:02 >>SHAWN HARRISON: Motion and second to open item
18:20:04 number 3.
18:20:05 (Motion carried)
18:20:11 >>> The subject property is located at 5019 north
18:20:15 29th street.
18:20:17 You will see this area is characterized by a mixture
18:20:20 of different types.
18:20:21 In 2004 there was an area wide zoning for this
18:20:24 particular area, because it was zoned industrial.
18:20:27 However, it's predominant pattern was residential.
18:20:31 So, therefore, there is a mixture of RS-50, RS 24 and
18:20:34 industrial general.
18:20:40 Part of the Belmont Heights subdivision measuring 55
18:20:44 feet by 107 feet.
18:20:45 The subject lot size is 5,855 square feet.
18:20:49 This is a view of the existing lot.
18:20:52 The view of development across the street.
18:20:57 To the south of the existing lot.
18:21:00 And across to the south.
18:21:03 And this is the subject street.
18:21:06 The property was zoned M-1 manufacturing in 1987.

18:21:10 Despite the manufacturing classification, there is a
18:21:13 lot of residential development in the neighborhood.
18:21:16 The RS-50 zoning district requires 50-foot of zoning.
18:21:22 The subject property meets these standards.
18:21:23 Staff has no objection.
18:21:26 >>JOHN DINGFELDER: Question.
18:21:29 I can ask you or Tony.
18:21:31 But is the neighborhood trending a particular
18:21:35 direction towards residential or toward industrial?
18:21:39 >>HEATHER LAMBOY: Having gone out and done the field,
18:21:42 there is a large mix.
18:21:44 There's no trending as of yet.
18:21:46 >>JOHN DINGFELDER: Okay.
18:21:53 >>TONY GARCIA: Planning Commission staff.
18:21:54 I have been sworn in.
18:21:55 Just a couple of comments.
18:21:58 Regarding future land use designation it does have a
18:22:02 fought land use designation, the subject site, of
18:22:04 transitional use 24 as does the majority of the
18:22:08 parcels to the west of 30th street.
18:22:10 Here is 30th.
18:22:13 This is within the East Tampa business and civic

18:22:15 association neighborhood association.
18:22:18 The site -- the request is consistent with policies in
18:22:21 the future land use element and the housing element
18:22:25 and is, as far as the request to go to a residential,
18:22:28 it would be appropriate in-fill and would be
18:22:30 beneficial to the existing residential character of
18:22:32 the neighborhood.
18:22:32 It is quite a mix.
18:22:34 It's almost like a 50-50 mix to answer your question,
18:22:37 Mr. Dingfelder.
18:22:38 It has quite a variety of uses in the area.
18:22:40 But they have coexisted in the area for quite a few
18:22:45 numbers of years.
18:22:46 Planning Commission staff has no objections to the
18:22:47 proposed request.
18:22:51 >>SHAWN HARRISON: Thanks, Tony.
18:22:52 Petitioner.
18:22:54 >>LINDA SAUL-SENA: While the petitioner is coming up I
18:22:56 have a staff question.
18:22:57 It says in the staff report, under Mary Bryson's
18:23:01 comments, that there's a live grand oak that's on the
18:23:06 property.

18:23:07 This person is applying for an RS-50, which is just a
18:23:13 straight Euclidean request, so they wouldn't be
18:23:16 allowed to remove the tree.
18:23:18 Is that correct?
18:23:18 Could you address that?
18:23:20 >>> Mary Daniel with Bryce and Daniel Development
18:23:23 Corporation, that is correct.
18:23:24 It will be a dressed at permitting and they will not
18:23:26 be allowed to remove the tree.
18:23:30 >>SHAWN HARRISON: Is petitioner here on item number 3?
18:23:42 >>> Connie Russell, and I am we are trying to get this
18:23:51 rezoning from industrial to residential, RS-50.
18:23:57 I have been sworn in.
18:24:00 >>SHAWN HARRISON: I think we have a question of you.
18:24:02 >>LINDA SAUL-SENA: I know that New Millenial homes
18:24:05 pretty much has a certain set site plan that you use
18:24:08 on different lots.
18:24:09 I just want to make sure that you understand that the
18:24:12 tree, the grand tree that's on your property, not only
18:24:15 can you not tear it down, you have to build at least
18:24:17 ten feet away from, because of its protected status.
18:24:22 So you figured out that you can get the house you want

18:24:23 on this lot, and not disturb the tree and meet the
18:24:27 appropriate setbacks?
18:24:28 I just want to make sure you're clear on that.
18:24:31 >>> Actually, the 48-inch oak that I believer talking
18:24:33 about is not on the property.
18:24:35 It's on the outside of the property line.
18:24:39 >> But there's a protective radius of 20 feet.
18:24:44 >>> And we will not interfere with that.
18:24:46 >>SHAWN HARRISON: Is there anyone in the public that
18:24:48 would like to be speak on item number 3?
18:24:52 Motion to close and second.
18:24:53 (Motion carried).
18:24:54 >>ROSE FERLITA: Move an ordinance rezoning property in
18:25:02 the general vicinity of 5019 north 29th street,
18:25:06 city of Tampa, Florida, more particularly described in
18:25:08 section 1 from zoning district classifications IG,
18:25:12 industrial general, to RS-50, residential
18:25:15 single-family, providing an effective date.
18:25:18 >>SHAWN HARRISON: We have a motion and a second.
18:25:20 Any discussion on the motion?
18:25:24 Name
18:25:27 Thank you.

18:25:27 Item number 5.
18:25:29 This is a reconsideration hearing.
18:25:31 Is this already open?
18:25:32 We need a motion to open.
18:25:34 >> So moved.
18:25:37 (Motion Carried).
18:25:38 >>LINDA SAUL-SENA: I have to recuse myself because I
18:25:43 own property in proximity to this petition, was
18:25:46 renotified of the rezoning and Mr. Shelby advised me
18:25:50 that I needed to not participate in this.
18:25:52 >>MARTIN SHELBY: Yes, Mrs. Saul-Sena received notice
18:25:56 as one of the affected parties.
18:25:58 I will prepare the form for her signature and have her
18:26:03 file it.
18:26:05 >>SHAWN HARRISON: Item number 51 now open.
18:26:10 >>HEATHER LAMBOY: Land development.
18:26:13 I have been sworn.
18:26:14 The subject property, which is located at the corner
18:26:16 of MacDill across the street -- if you look at the
18:26:21 Elmo.
18:26:21 >>JOHN DINGFELDER: Could I have a clarification?
18:26:24 Procedurally, I'm a little confused at how we got here

18:26:29 tonight, Mr. Chairman indicated it was a
18:26:31 reconsideration but I didn't recall that.
18:26:33 Maybe I wasn't here.
18:26:35 >>> there was a reconsideration that was requested.
18:26:41 I can't remember the date.
18:26:42 >>SHAWN HARRISON: Reconsideration came up the
18:26:44 following Thursday morning.
18:26:46 >>> Right.
18:26:46 >> There was a major change to the site plan.
18:26:49 And the zoning consideration was granted.
18:26:53 >>JOHN DINGFELDER: And that's how we are here tonight.
18:26:57 >>HEATHER LAMBOY: And as the chair indicated the site
18:27:01 plan has changed quite radically.
18:27:04 The original plan included the development of town
18:27:07 homes and now the site plan has been advised to
18:27:09 detached single-family design.
18:27:11 The subject property is within RM-100 -- I'm sorry,
18:27:18 RS-100 zoning district, and then as you can see there
18:27:22 is a mixture of zoning districts including multifamily
18:27:26 residential, commercial general, and RS-50, which is
18:27:31 detached residential single family classification.
18:27:35 The existing residence is located on the western

18:27:37 portion of the property will remain, platted lot 10
18:27:40 and 11, the proposal is for single family attached
18:27:46 dwelling units.
18:27:47 Set by the site plan.
18:27:48 A minimum setback of 15 feet will be established,
18:27:53 feet along the northern property line, 15 feet along
18:27:56 the southern property line and 7 feet at the rear.
18:27:58 There will be a minimum separation between the houses
18:28:00 at 27 feet.
18:28:02 The maximum height of the buildings will be 35 feet.
18:28:04 The petitioner has met with the neighborhood to
18:28:06 address concerns.
18:28:07 Additional conditions are in place on the site plan
18:28:10 regarding lighting, setback, and architecture, issues
18:28:14 raised by the neighborhood.
18:28:15 And you can see those at the bottom of the column on
18:28:17 the right-hand side.
18:28:20 In an effort to address the comments raised by staff,
18:28:25 the petitioner has come in and revised the site plan
18:28:29 reflecting protective radii as well as the triangle of
18:28:35 visibility at the corners.
18:28:36 So all staff objections have been removed with the

18:28:39 exception of land development.
18:28:40 That was sort of a helpful note that I had requested
18:28:43 regarding supplemental regulations that somebody
18:28:45 wanted to install a pool and it wasn't reflected on
18:28:48 the site plan, they would have to come back and
18:28:50 rezone.
18:28:51 I have had a discussion with the petitioner, and they
18:28:52 said that they will comply with the swimming pool's
18:28:55 provision of supplemental regulations.
18:28:58 I have no objection to that.
18:29:00 So we would add a note to the site plan stating that
18:29:03 the subject property will comply with section 27-135,
18:29:10 swimming pools. That concludes that.
18:29:14 >>SHAWN HARRISON: Thank you, Heather.
18:29:20 >>TONY GARCIA: Planning Commission.
18:29:21 I have been sworn.
18:29:24 The land use category has a dual land use of
18:29:28 residential 10 and residential 20.
18:29:29 The site in question, looking at the zoning code, will
18:29:34 be developed.
18:29:35 Let me give you very quickly, CMU 35 on the eastern
18:29:39 side of MacDill, as well as on both sides of

18:29:42 MacDill, Palma Ceia golf course, and of course we
18:29:49 have large lot, single-family development, along
18:29:52 frontal to the golf course.
18:29:54 We have common development along this particular
18:29:57 segment of MacDill.
18:29:58 We do have one large single-family home over here
18:30:01 where the rear yard, actually two at MacDill
18:30:04 Avenue, end this of course we have the subject site,
18:30:07 where the applicant does want to make a severe
18:30:09 reduction from five units attached to two units
18:30:14 detached.
18:30:15 Planning Commission staff has no objections to the
18:30:17 proposed request.
18:30:17 >>SHAWN HARRISON: Thank you.
18:30:19 Petitioner.
18:30:22 >>DAVID MECHANIK: 305 south Boulevard.
18:30:26 I have been sworn in.
18:30:27 And I'm hear on behalf of the applicant.
18:30:31 I don't really have a lot to add from what the staff
18:30:34 had indicated.
18:30:36 As Heather indicated we have resolved all of the
18:30:39 objections with the notes.

18:30:41 And I am going to ask Mr. Paramersanis to give you an
18:30:50 overview.
18:30:51 We are proposing only two single-family detached
18:30:53 homes, a reduction from the five town homes that we
18:30:56 had originally requested.
18:30:58 I would also like to just add that Mr. Paramarsanis
18:31:07 has worked with the neighbors and the neighborhood
18:31:09 association and I believe we have resolved all their
18:31:11 concerns, and I know Mr. Rasmussen is here, and he
18:31:14 will speak for himself.
18:31:15 But I do believe we have addressed all the
18:31:18 neighborhood issues.
18:31:20 With that, Mr. Paramarsanis.
18:31:26 >> Good evening.
18:31:27 I have been sworn.
18:31:30 As we have seen or as you can see on the drawing that
18:31:33 you have in front of you, this being South MacDill
18:31:37 Avenue, this being San Miguel, we are proposing two
18:31:41 dwelling units, one would enter from MacDill
18:31:45 Avenue in terms of cars, one would enter from San
18:31:48 Miguel.
18:31:49 There's enough area on the property designated for

18:31:55 on-site parking for guests so that impact to the
18:32:00 neighborhood street would not -- would be minimized,
18:32:06 if any.
18:32:07 And basically, these two homes, they are -- instead of
18:32:15 the five town homes over here initially requested, we
18:32:20 have not yet totally designed these homes, but the
18:32:30 design would be in the -- in the vernacular like so.
18:32:52 We would like to design two homes that are -- that
18:32:55 would actually be architecturally significant.
18:33:00 And with that, I will answer your questions.
18:33:05 >>JOHN DINGFELDER: Pete, I think we are all thrilled
18:33:07 that you are able to design something that works with
18:33:10 the neighborhood and works with your plans and we'll
18:33:17 hopefully get through this evening accordingly.
18:33:19 The question I have on your site plan.
18:33:23 It's sort of an ingress-egress question for the house
18:33:26 that comes out on MacDill.
18:33:28 It's sort of a blind sidewalk, as it's coming along
18:33:33 there, and you can have a 6-foot finished wall, I
18:33:36 assume, along there.
18:33:37 And I'm just wondering, as somebody is pulling out
18:33:40 from there, what are you going to do about that in

18:33:43 terms of the sidewalk, somebody is riding a bicycle,
18:33:46 and, you know?
18:33:49 >>> First of all the way this is designed a car would
18:33:51 always pull out forward, not backwards onto the
18:33:54 street.
18:33:54 As you can see, and perhaps as you can see, with this
18:34:00 --
18:34:01 >> Jogging in a little?
18:34:03 >>> And so when the car is sitting here, these all
18:34:05 have been tested, and in fact one of the requirements
18:34:08 that we have accepted by staff was that the site
18:34:13 triangle will be met here in both driveways.
18:34:20 >>JOHN DINGFELDER: That answers it perfectly.
18:34:22 Thank you.
18:34:25 >>SHAWN HARRISON: Anything further?
18:34:29 >>> We have nothing further.
18:34:30 >>SHAWN HARRISON: Is there anyone in the public that
18:34:32 would like to speak on item number 5?
18:34:35 >>> Bob Rasmussen, 2212 south Exmoor street, the
18:34:40 adjoining property.
18:34:40 I have been sworn.
18:34:41 I am just here, I have no objection.

18:34:47 >>SHAWN HARRISON: Is there anyone else in the public
18:34:49 that would like to speak on item 5?
18:34:51 >> Move to close.
18:34:52 >> Second.
18:34:52 (Motion carried).
18:34:53 >>JOHN DINGFELDER: Move an ordinance rezoning property
18:34:59 in the general vicinity of 2216 south Exmoor street in
18:35:03 the city of Tampa, Florida more particularly described
18:35:05 in section 1 from zoning district classifications
18:35:07 RS-100, residential single family, to PD, planned
18:35:10 development, single-family detached, providing an
18:35:13 effective date.
18:35:15 >>SHAWN HARRISON: We have a motion.
18:35:16 Do we have a second?
18:35:17 Discussion on the motion?
18:35:19 >>ROSE FERLITA: Just one brief comment.
18:35:20 I know when we came through this the first time there
18:35:23 was a lot of neighborhood opposition, particularly for
18:35:26 you, Mr. Ras muss eastbound, and I think we got a lot
18:35:29 of letters that criticized what we were doing.
18:35:32 And we had to kind of hold the line at the time, and
18:35:35 not respond, because I think the intent of this

18:35:37 council, at least this council member, was to give
18:35:41 everybody involved in this process the opportunity to
18:35:42 come back with something better, or it wouldn't work.
18:35:45 And I think that's what the petitioner understood.
18:35:47 So having to be quiet at the time, and having to be
18:35:51 able to say, I'm glad that we worked at this point as
18:35:55 a South Tampa resident, I'm glad we are where we are,
18:35:58 and it's certainly been a product for reconfiguring
18:36:01 and reconsidering, and thanks to everybody for being
18:36:04 patient enough to get to the point where we are at
18:36:06 this point.
18:36:07 So thanks to you, to Pete, and to Mr. Mechanik.
18:36:09 Thank you.
18:36:13 >>SHAWN HARRISON: Good work, gentlemen, on getting to
18:36:15 where we are tonight.
18:36:16 We have a motion and second.
18:36:17 (Motion carried)
18:36:21 Thank you very much.
18:36:23 >>MARY ALVAREZ: Move to open number 6.
18:36:25 >>SHAWN HARRISON: Motion to open item number 6.
18:36:28 Second.
18:36:28 (Motion carried).

18:36:30 >>HEATHER LAMBOY: I have been sworn.
18:36:34 The subject property is located at 1702 West Kennedy
18:36:37 Boulevard.
18:36:41 If we look at the zoning map.
18:36:45 There is general commercial incentive, and this is the
18:36:49 Kennedy corridor as you well know, predominated by
18:36:53 commercial general and some industrial uses.
18:36:58 A view of the site right now.
18:37:02 A building that has since been demolished.
18:37:09 There is another vehicle site.
18:37:10 There are some trees on the site and they are
18:37:13 predominantly homes
18:37:17 To give you an understanding of the character of the
18:37:19 buildings around the site.
18:37:21 There are industrial type uses, dry cleaner.
18:37:25 Down here.
18:37:27 Then further south on Rome there are single-family
18:37:33 attached dwelling units as well.
18:37:37 The petitioner is proposing to rezone property located
18:37:39 at 1702 from PD mixed use, RS 16, and CI commercial
18:37:45 intensive, to planned development office.
18:37:47 The site is located on the south side of Kennedy

18:37:49 Boulevard, west of Rome Avenue.
18:37:52 The proposed office building would be 97,071 square
18:37:57 feet. The site was originally zoned in 2004.
18:38:01 But the project was never built. Theeing has been
18:38:03 designed in a modern style.
18:38:05 And you have floating around some elevations I can
18:38:09 show to you now.
18:38:10 This is an elevation from the east.
18:38:13 This is the office building, at Kennedy Boulevard, and
18:38:17 then there's a parking garage at the rear.
18:38:23 If you will take a look at the detailed parking
18:38:26 garage, this has been a bone of contention with the
18:38:28 DRC.
18:38:30 The parapet elevation or height is 31 feet 6 inches.
18:38:34 We want to sort of a step-down to the residential uses
18:38:38 that abut this property on the south.
18:38:40 And so most of the building will not be 31 feet but
18:38:45 approximately 25 feet.
18:38:47 You can see it's stepped down.
18:38:48 Also, T use of screening material in the window.
18:38:54 And the window treatment and patterns have been
18:38:56 designed for the main building.

18:39:01 This is submitted prior to the adoption of the
18:39:04 overlay.
18:39:04 However the petitioner has met most of the criteria
18:39:07 asset by the overlay.
18:39:08 The only criteria that has not been met is that the
18:39:11 garage structure incorporates at least 50%.
18:39:13 And our display on the ground level of the structure.
18:39:16 However, the petitioner as I said previously has tried
18:39:18 to address that in a different manner.
18:39:22 Staff had objection to the 100% tree removal on the
18:39:25 site.
18:39:27 Petitioner came back and said they will relocate the
18:39:30 existing palms, or retain the trees to meet the 50%
18:39:34 criterion.
18:39:35 So that way the waiver request has been removed.
18:39:39 And therefore the objection has been removed.
18:39:41 That concludes staff comment.
18:39:44 >>LINDA SAUL-SENA: Is there a door on Kennedy?
18:39:49 >>> Yes, there is a front door.
18:39:51 And I don't know that I have that elevation.
18:39:56 I will defer to petitioner to show that to you.
18:39:59 >>SHAWN HARRISON: Planning Commission?

18:40:00 >>TONY GARCIA: Planning Commission staff.
18:40:06 I have been sworn in.
18:40:09 Regarding the land use categories, we had two previous
18:40:12 cases that were actually set, and I am going to show
18:40:15 you very quickly.
18:40:17 This was the '06-09, and what needed to be done is
18:40:21 this piece right here, I am going to show right here.
18:40:26 As you see, these other two pieces.
18:40:29 If you would just -- the piece that I am going to be
18:40:32 identifying which is the subject site includes this
18:40:36 parcel here also.
18:40:37 Okay.
18:40:37 So we have this piece but does not go all the way down
18:40:41 to Cleveland.
18:40:45 You do have Kennedy Boulevard to the north, Packwood
18:40:48 to the west, Rome Avenue to the east, and of course
18:40:50 Cleveland to the south.
18:40:52 Cleveland is a collector road.
18:40:54 Kennedy Boulevard is a major arterial.
18:40:57 Rome in some parts of the city is a collector road in
18:41:03 this part of the city.
18:41:04 You have three land use categories on this particular

18:41:06 site.
18:41:07 Median mixed use, heavy commercial 24, and urban mixed
18:41:11 use 60 which are three of the most intensive land use
18:41:15 categories in the city. This is an interesting area
18:41:18 as I showed the aerial to you, because this is really
18:41:21 a transitional area, as one goes into the downtown
18:41:24 core.
18:41:24 As we all know Kennedy Boulevard is one of the major
18:41:27 thoroughfares leading to the downtown core, and from
18:41:30 the downtown core.
18:41:31 And as you recall, rezonings that we have done, one in
18:41:36 particular, its a rather -- we did across the from the
18:41:41 Valencia Gardens restaurant, about 8 stories high.
18:41:44 So as far as the mass and scale in the form of what's
18:41:47 being presented over here it's very similar as far as
18:41:49 mass scaling form.
18:41:50 Also what we are looking at here is the interface
18:41:54 issue which is what Ms. Lamboy referred to as far as
18:41:57 the building to the front and potential height of 70
18:42:00 feet is all in accordance with the UMU 60 land use
18:42:03 category.
18:42:04 As one goes to the south, to have access to the

18:42:14 parking garage to the south, it has been reduced
18:42:16 initially from 40 by 3 story parking garage of 45 feet
18:42:20 to a two-story parking garage of 35 feet to tray to
18:42:23 have more proper unit face, to the existing town home
18:42:28 developments which do lie to the south of Rome Avenue
18:42:30 and to the south of Packwood Avenue on the east side.
18:42:34 We do have commercial development on Kennedy
18:42:35 Boulevard, on this particular side of Packwood and
18:42:39 commercial development which is a dry cleaner on this
18:42:41 side of Rome. This is a transitional area and is an
18:42:45 area that is very difficult, I guess, to determine as
18:42:48 far as solid residential stops and where does
18:42:52 commercial intensive start?
18:42:56 This was a former site of the Miller brewery, which
18:42:59 I'm sure we all were familiar with years ago.
18:43:05 Will play a major part in changing this particular
18:43:07 character of this segment of Kennedy Boulevard.
18:43:09 We still feel the development must be sensitive to the
18:43:11 proper mitigation of the project to the adjacent
18:43:13 residential, which is why manning commission along
18:43:16 with the City of Tampa staff does not have any
18:43:19 objections, we feel we have worked with the applicant

18:43:22 enough to know they have reduced the mass and scaling
18:43:25 as provided significant design, that he does have the
18:43:30 proper interface with the existing residential.
18:43:33 Planning Commission staff has no objections to the
18:43:34 request.
18:43:39 >> Mr. Garcia, show me where the residential starts
18:43:42 because I can't seem to find it thon map you showed me
18:43:45 here.
18:43:46 >>> As far as the existing residential that's on-site?
18:43:48 >> Yes.
18:43:49 >>> There are some -- over here, Mrs. Alvarez.
18:43:55 And there are some existing -- I think it's for sale.
18:44:00 And then there are several town homes on this side.
18:44:04 So these are new, and they are very nice town homes
18:44:07 that have recently been --
18:44:13 >> Recently built?
18:44:15 >>> In the last two years, yes.
18:44:16 These are -- they have been under contract for awhile.
18:44:22 But they are actually going up in these spaces but
18:44:25 this is something the town home development alone
18:44:27 between Cleveland and Kennedy, I guess all the way
18:44:31 down to probably Howard, is what we have seen as far

18:44:35 as the trend of development in this area.
18:44:37 What's interesting is, I have to reiterate, is the
18:44:40 significant intensity of the land use designation
18:44:43 starting here.
18:44:44 Because now you are going to have residential
18:44:49 commercial 24.
18:44:49 By the way this piece of commercial 24 currently has a
18:44:54 stoning district of CI.
18:44:57 So I think that really needs to be taken into
18:44:59 consideration as far as the potential of today.
18:45:04 >> On that map can you show me where residential is?
18:45:07 >>> Residential is right where these platted lots are
18:45:10 here, Mrs. Alvarez.
18:45:11 >> Isn't that the red --
18:45:13 >>> This is heavy commercial 24.
18:45:15 >> So they are --
18:45:16 >>> And this is residential 20.
18:45:18 You can build residential on heavy commercial 24.
18:45:24 It's discouraged but it can be allowed because of the
18:45:27 24 designation.
18:45:30 >>SHAWN HARRISON: Petitioner?
18:45:38 >> My name is Steve Reynolds.

18:45:40 I have been sworn.
18:45:41 I'm with the law firm of McFarland, Ferguson and
18:45:44 McMullen.
18:45:46 AP dress one Tampa City Center, Tampa, Florida 33602.
18:45:51 I'm here tonight on behalf of petitioner and have with
18:45:54 me Mr. Robert Ferr, our architect, Liz Abernathy of
18:46:00 Wilson Miller who helped with our landscaping, and Mr.
18:46:03 Randy Coen, also, he's been our traffic consultant.
18:46:09 I may wind up repeating a little bit of what the staff
18:46:11 said.
18:46:12 And I apologize to you in advance for that.
18:46:16 Parcels as you have heard is located on Kennedy, on
18:46:19 the south side of Kennedy between Packwood and Rome.
18:46:22 H, to very mixed urban neighborhood.
18:46:26 Our zoning is commercial intensive and PD.
18:46:31 The neighborhood zoning continues to be a mix of
18:46:34 commercial intensive PD and industrial.
18:46:38 The neighborhood uses, in addition to the ones that
18:46:41 were just described to you, around us, across Kennedy
18:46:46 from us, immediately across Kennedy as a transmission
18:46:49 shop, slightly to the east is a taco bell, and
18:46:53 slightly to the west is the new Solomon track office

18:46:58 building.
18:46:59 >>JOHN DINGFELDER: Are you aware of any opposition?
18:47:02 >>> Yes, sir.
18:47:03 >> Okay.
18:47:03 Continue.
18:47:06 >>> I wouldn't have launched down this path if I
18:47:08 weren't.
18:47:10 To our east, we have a drycleaners.
18:47:13 We also have -- this is down Rome Avenue.
18:47:15 We also have some residential, an office, and a
18:47:18 martial arts school at the corner of Cleveland.
18:47:23 Along Packwood to our west, there is residential under
18:47:26 construction, and at the corner of Kennedy there is
18:47:29 commercial.
18:47:30 To our south, there are some office uses.
18:47:34 And immediately across Cleveland is some intensive
18:47:37 commercial.
18:47:38 It's a very mixed use neighborhood.
18:47:41 As are most of the blocks along Kennedy Boulevard, on
18:47:44 both sides.
18:47:47 Our site is vacant.
18:47:49 It was the site of warehouses and offices.

18:47:53 Our proposal is for a 4-story class -- A office
18:47:58 building, about 96, 97,000 square feet, parking
18:48:02 facility with two elevated levels.
18:48:05 We would have access onto both Packwood and Rome
18:48:08 between the parking facility and the office building.
18:48:17 Our original proposal has been modified after two
18:48:20 continuations from this body, and meetings with the
18:48:22 neighbors.
18:48:25 We have also had a great deal of discussion with your
18:48:27 staff.
18:48:29 The height of the garage was reduced.
18:48:32 Some of the setbacks were increased.
18:48:34 We have added additional landscaping, and one exit
18:48:39 from the parking garage on the Packwood.
18:48:45 We provide on-site parking for all of the parking
18:48:48 required by this development.
18:48:51 The parking will be secured when the houses are
18:48:55 closed.
18:48:56 The building and the parking facility are designed to
18:48:59 complement one another.
18:49:00 The architecture is similar and flows from the
18:49:03 building into the parking garage.

18:49:07 Our design follows the Kennedy corridor guidelines.
18:49:09 We have followed those guidelines for several months.
18:49:14 And we have done our best to fall in line with the
18:49:19 Kennedy guidelines.
18:49:21 I'd like to ask Mr. Robert fur, our architect, to
18:49:26 comment a little further on the building.
18:49:30 >> Robert fur.
18:49:32 I have been sworn in.
18:49:34 I think staff overall gave a pretty good overview of
18:49:40 the project so I will be brief.
18:49:42 Council had a question about the entry.
18:49:44 There is a main entry right off of Kennedy, a main
18:49:49 entry off of Kennedy Boulevard.
18:49:51 There's a secondary entry, people that park in the
18:49:56 garage.
18:49:57 The office building itself is going to front Kennedy
18:49:59 Boulevard to meet the criteria as indicated in the
18:50:02 Kennedy Boulevard design standards.
18:50:08 It will be enforced as urban edge.
18:50:10 The building and the garage itself is going to be set
18:50:14 back more than what the minimum would allow.
18:50:17 For 16 feet on the side of the garage it will be a

18:50:19 minimum of five feet, or ten feet on the side of the
18:50:22 garage, and on the rear of the garage provide ample
18:50:26 landscaping.
18:50:28 The access on the side of south Rome, and off of
18:50:32 Packwood, into the garage.
18:50:49 There's three goals that we wanted to accomplish.
18:50:53 >> Do you have a copy of that for council members?
18:51:01 >>> I have one.
18:51:02 >>SHAWN HARRISON: We'll pass it around.
18:51:06 >>> The three main goals that we want to accomplish,
18:51:08 we want to design a class-A office building with
18:51:12 timeless architecture.
18:51:14 We want the entire complex to be sensitive to the
18:51:17 surrounding.
18:51:19 And third, we want to the comply with the Kennedy
18:51:21 Boulevard design standards.
18:51:23 So what we have here is we have a scheme in which we
18:51:30 utilized a mid body and capital on the building, also
18:51:40 an entryway off of Kennedy.
18:51:41 We have also further articulated the facade which
18:51:45 reveals with the larger glazing on the building, and
18:51:51 also articulation on the building.

18:51:53 We further refined the design of the building by
18:51:57 further articulating the maps of the building by
18:51:59 treating the walls as planes and pulling the wall out
18:52:04 to give people access on the windows to give people
18:52:08 more access shadow lines on the building.
18:52:10 We also provided large expanse of curtain wall to help
18:52:14 enhance the separation of the mass as well, so the
18:52:18 building doesn't look so linear.
18:52:30 You can see on here the landscaping scheme, the
18:52:33 lighting package, and the streetscape was all in
18:52:36 accordance to the Kennedy Boulevard design.
18:52:46 Again, the theme of the Norse and south is carried all
18:52:48 around the office building.
18:52:50 And the garage.
18:52:52 In particular, a great deal of time and effort went
18:52:55 into the design of the garage.
18:52:58 The garage was treated as an integral part of this
18:53:01 design.
18:53:03 We spent the majority of the time on the garage versus
18:53:04 the office building, sensitive to the surroundings.
18:53:12 Originally the garage was three elevated levels.
18:53:14 We reduced that to two elevated levels and required

18:53:19 cars on the side, not having parking lots off street.
18:53:27 I think staff also mentioned that the prior proposed
18:53:33 PD, office building, closed parking structure, you can
18:53:42 see the dashed line.
18:53:49 In, at the corners would be five feet lower at the mid
18:53:52 section of the parking structure, would be ten feet
18:53:55 lower.
18:53:57 If there are any questions at this time?
18:54:01 >>SHAWN HARRISON: Mrs. Saul-Sena.
18:54:01 >>LINDA SAUL-SENA: I appreciate seeing the front
18:54:05 elevation.
18:54:07 If you're driving down either of the side streets, it
18:54:10 appears that there's a 24-foot drive aisle in the
18:54:13 middle but there's a lot of surface parking on both
18:54:15 sides.
18:54:16 And then there's a landscape buffer.
18:54:18 But I can't really tell what it looks like.
18:54:19 Maybe you have a color picture.
18:54:22 Maybe you can describe it.
18:54:23 >>> We are going to discuss that in detail, just the
18:54:28 landscaping package.
18:54:34 I'll turn it back over to Steve.

18:54:36 >>LINDA SAUL-SENA: Oh, signage.
18:54:38 >>> The only signage we have indicated, of course it
18:54:40 will be in accordance to the Kennedy design standards.
18:54:42 We have indicated on the site plan, I believe we do
18:54:48 have a copy of that.
18:54:49 We have shown just a very small monumental sign at the
18:54:56 north -- we had a copy of that.
18:55:01 >> It's shown as a little side ways line.
18:55:10 How high are they where they live?
18:55:14 >>> I imagine they would be no taller than, say, four
18:55:17 feet tall.
18:55:18 But then the aesthetics, how they would match that of
18:55:21 the building.
18:55:24 >>JOHN DINGFELDER: Let me ask staff, if there's no
18:55:26 note associated with the monument sign, then it's just
18:55:28 going to fall by default to be the standard
18:55:32 requirements for monument?
18:55:35 >>HEATHER LAMBOY: Yes.
18:55:35 Still have to comply with chapter 25.
18:55:38 >>LINDA SAUL-SENA: The Kennedy overlay might have some
18:55:41 other specific --
18:55:44 >>> I'll make sure and put that.

18:55:47 >>MARY ALVAREZ: The garage elevation that's shown in
18:55:53 here, it looks like windows.
18:55:56 Are those slats in there or something?
18:55:58 >>> Yes, what they wanted to, do again I mentioned the
18:56:01 effort we put forth on this, one of the requirements
18:56:06 of the Kennedy corridor design standards is the amount
18:56:08 of capacity that a parking structure must provide.
18:56:12 In other words, the amount of view it has to obscure
18:56:18 with someone seeing in the garage.
18:56:19 So we have provided a mesh.
18:56:21 I think staff has already alluded to that.
18:56:23 It will be standardized mesh that you will see on a
18:56:25 parking garage, to help screen Tampa view from inside
18:56:29 the garage.
18:56:30 What we have actually done here, you are going to have
18:56:32 to support that in some manner so what we have done is
18:56:35 we have matched the spacing of the building and
18:56:39 provided the steel supports in the garage to match
18:56:42 that in the building.
18:56:45 >> Looks nice.
18:56:45 Okay.
18:56:57 >> As mentioned landscaping is an important element of

18:57:00 the design both landscaping and parking garage.
18:57:03 And I am going to let Ms. Abernathy of Wilson Miller
18:57:07 outline the proposal for landscape.
18:57:13 >>> Elizabeth Abernathy, a man we are Wilson Miller,
18:57:17 north 20th street in Tampa, Florida.
18:57:19 And I have been sworn in.
18:57:21 What we've done is take the landscape --
18:57:29 >> You used to work for the City of Tampa.
18:57:30 >> I was wondering if anyone was going to ask.
18:57:33 Yes, I did.
18:57:34 I worked for the city for quite awhile.
18:57:35 And one of my responsibilities was reviewing landscape
18:57:39 plan in addition to the zoning plan.
18:57:41 So I am very familiar with the City of Tampa landscape
18:57:44 plan.
18:57:45 And I have been -- I left the city more than two years
18:57:49 ago.
18:57:54 >>SHAWN HARRISON: Doesn't give you any more
18:57:56 credibility.
18:57:57 [ Laughter ]
18:57:58 >>> We took the landscape plan and did a color
18:58:00 rendering so you can see what they are proposing.

18:58:04 We also took a look at what code required.
18:58:07 And again originally the request was to remove the
18:58:11 trees.
18:58:11 We thought it was better served to replace the palms
18:58:14 with oak trees.
18:58:16 But rather than go down that line, we did agree to
18:58:20 relocate the palm trees and plant oak trees.
18:58:25 So code, right now the code requirement, based on the
18:58:29 tree table and the required trees, nine 2-inch trees.
18:58:35 But what the applicant is showing on the man is 27
18:58:37 trees.
18:58:37 So they are planting significantly more than code
18:58:40 would require.
18:58:41 They have also committed to plant 6-inch trees.
18:58:46 The overlay requirement is a 4-inch tree but this will
18:58:49 allow for significantly more canopy and height at
18:58:53 planting.
18:58:54 So effectively, they are planting about three times
18:58:57 what code would require.
18:58:59 So they have gone to great lengths to provide some
18:59:03 screening.
18:59:05 They are also relocating the palm trees along the

18:59:07 southern property line to provide some additional
18:59:09 screening to the rear of the parking structure.
18:59:15 In addition to planting the 6-inch trees, 30 feet on
18:59:19 sent area long the side street.
18:59:21 We did provide another elevation.
18:59:28 And what this shows is the scale of the trees at
18:59:32 planting, at CO.
18:59:35 So you can see what they'll look like immediately on
18:59:37 the building, and of course those will grow.
18:59:40 But that gives you a concept of about how much
18:59:42 landscaping you'll see when that building is finished.
18:59:45 Rather than the two inch trees, these be L will be
18:59:52 nice 6-inch trees as long as understory trees along
18:59:56 the W that.
18:59:58 Together with the architectural screening of the
18:59:59 parking garage and the enhanced landscaping, they will
19:00:04 exceed that 80% requirement of chapter 13.
19:00:08 So there are now showing compliance with our
19:00:10 requirement of chapter 13.
19:00:12 So if you have any further questions.
19:00:23 >>HEATHER LAMBOY: With reference to ground plants, the
19:00:27 maximum is 100 square feet in area, 6 feet tall.

19:00:30 I have asked petitioner if that's all right.
19:00:32 He said that would be all right.
19:00:34 In addition, if there's not indemnification on the
19:00:38 building, whatever the name is going to be, wall signs
19:00:41 are a maximum of one square foot per one linear -- one
19:00:47 half for one linear of building frontage facing
19:00:52 Kennedy Boulevard.
19:00:53 I asked petitioner about that.
19:00:54 He said it was all right.
19:00:55 So if it satisfies the council, we can add those to
19:00:58 the site plan if you feel that's necessary.
19:01:11 >>> I do have a letter from one of our neighbors in
19:01:13 support.
19:01:13 I'm not sure what the appropriate time would be to
19:01:16 offer that.
19:01:26 I'd like to save some of my time for to respond to any
19:01:30 concerns that neighbors may have.
19:01:32 But I would like to say that I think it's clear that
19:01:35 this proposal is a well designed landscaped, sensitive
19:01:40 to the neighborhood.
19:01:41 It's the type of development that the Kennedy corridor
19:01:44 contemplates and encourages.

19:01:47 We will be a compatible use in a very mixed use
19:01:51 neighborhood.
19:01:51 We have worked closely with your staff to resolve
19:01:54 concerns.
19:01:54 We have worked with our immediate neighbors.
19:01:57 We have made substantial changes.
19:01:59 And we ask for your favorable consideration.
19:02:04 >>SHAWN HARRISON: Is there anyone in the public that
19:02:06 would like to speak on item number 6?
19:02:08 If so, please stand up and form a line down this side
19:02:13 here so that we can get everyone in.
19:02:23 >>> Good evening, I'm back to visit you again.
19:02:26 My name is Walter crumbly.
19:02:28 And I'm the -- I have been sworn.
19:02:30 And I'm the president of the KIWANI neighborhood
19:02:44 association.
19:02:44 Some time back you all changed the zoning on this
19:02:46 particular piece of property, or most of it.
19:02:49 Industrial and some of the other things to PD.
19:02:53 We weren't overly happy with that.
19:02:56 But we felt like we could live with it because it was
19:03:00 townhouses.

19:03:04 In fact, other townhouse people have bought townhouses
19:03:07 in reliance upon that zoning that there was going to
19:03:11 be residential place as cross the street from them.
19:03:16 So that's part of our objection to this project
19:03:24 The part about changing this to an office building, I
19:03:26 recognize this is Kennedy Boulevard and it's
19:03:30 commercial, and this is what the city seems to want to
19:03:32 have there.
19:03:34 But our big objection comes with this parking garage.
19:03:41 Because this is right in the face of townhouses on
19:03:43 each side of the street.
19:03:53 They also get to deal a couple times a day with the
19:03:56 traffic that's going to pull off of Cleveland and onto
19:03:59 Kennedy and come down their streets, Packwood and
19:04:02 Rome, and pour in and out of this parking lot all day
19:04:06 long.
19:04:06 And this is one of the serious objections that we have
19:04:10 to the way that the whole thing is laid out, that you
19:04:15 are going to dump all the traffic that goes to that
19:04:16 office building on residential streets, or what are
19:04:19 now residential streets.
19:04:23 Another objection that we have to it is this is

19:04:28 changing the character of the neighborhood from
19:04:32 somewhat residential to commercial property.
19:04:37 And our fear is, okay, first we'll pick a fight here
19:04:45 and move down the street and get the next block and
19:04:47 next block, and pretty soon we are going to lose a
19:04:49 significant part of our neighborhood to commercial
19:04:52 development.
19:04:53 And we have others here that are similarly affected to
19:04:59 speak to this.
19:05:00 If you have any questions I would be happy to address
19:05:02 them.
19:05:03 >>LINDA SAUL-SENA: Did you happen to bring any
19:05:06 photographs?
19:05:08 Did anybody happen to bring photographs of the
19:05:11 townhouses that are across the street on either side?
19:05:14 Maybe if you didn't, maybe somebody else did.
19:05:18 >> Well, they presented some in their original
19:05:20 proposal of the townhouses that are on each side of
19:05:22 the street.
19:05:22 >> A couple of years ago.
19:05:25 We have had a lot of petitions before us.
19:05:26 I do remember the original.

19:05:29 >>> Back in 2004, you zoned this property for
19:05:34 townhouses and condominiums.
19:05:37 And now they are asking you to change that zoning to
19:05:44 office and that sort of thing.
19:05:46 Because we feel like we can live with the townhouses.
19:05:53 It's better than old raggedy warehouses.
19:05:57 But certainly we didn't think we were going to end up
19:05:59 with a four-story office building and a three-story
19:06:02 garage.
19:06:05 It still comes down to three stories.
19:06:08 And it's a big parking garage.
19:06:10 And it covers a big piece of that property.
19:06:14 >>SHAWN HARRISON: Thank you.
19:06:17 Next.
19:06:21 >>> Good evening, council members.
19:06:23 For the record, I have been sworn.
19:06:25 Jim Shimberg, Jr., Holland and Knight, 100 North Tampa
19:06:29 Street, on behalf of ABC Packwood group, LLC.
19:06:33 ABC Packwood is the owner-developer of the Packwood
19:06:36 Avenue urban town homes, 20 new luxury urban town
19:06:40 homes currently well under construction, immediately
19:06:42 across the street from this three-level parking

19:06:45 structure.
19:06:46 Ten of the 20 units -- on Packwood.
19:06:51 And we are well prepared for this presentation but we
19:06:54 apparently do not have pictures of our "under
19:06:56 construction" project.
19:06:58 It's 20 units.
19:06:59 Ten. Units are fronting on Packwood and the other ten
19:07:02 units fronting on the rear.
19:07:06 First I want to say my client does not oppose the
19:07:09 office building component of the project.
19:07:12 Our problem as you just heard from Mr. Crumbly is with
19:07:15 the three-level parking structure, three levels,
19:07:19 ground, two levels above, which we think is
19:07:22 inconsistent, incompatible, and on a scale with your
19:07:26 vision for the neighborhood that's been articulated a
19:07:29 number of previous zonings in this area.
19:07:31 Our project was approved by council in March of 2005,
19:07:35 and then shortly thereafter went under construction.
19:07:38 They are relying to a large extent on the 2004 zoning
19:07:43 on this property that showed, I believe it was, 12
19:07:47 town how many units directly across the street from
19:07:49 our project.

19:07:50 Now I realize that zoning doesn't require you to build
19:07:53 it and they are entitled to come up here and ask for
19:07:55 change.
19:07:56 But our client made a significant investment, on
19:07:59 behalf of stair vision for the neighborhood and
19:08:04 direction for the neighborhood.
19:08:05 Now I may be misreading the Kennedy Boulevard
19:08:09 standards.
19:08:09 And if I am, somebody please correct me.
19:08:11 But when I read that it talks about parking structures
19:08:14 that says the facade of free standing or attached
19:08:17 parking structures fronting any other public streets
19:08:19 other than Kennedy show the corporate commercial or
19:08:24 residential uses and the ground level uses off Kennedy
19:08:27 must occupy a minimum 50% of the wall space.
19:08:33 Maybe that was taken out of the last version, I'm not
19:08:35 sure.
19:08:36 All we are asking is that we consider directing this
19:08:39 petitioner to go back and put some residential or
19:08:42 retail along Rome and Packwood and put the parking
19:08:47 structure in the middle just like that guy in Hyde
19:08:49 Park village.

19:08:50 You will hear from a couple of architects in a minute
19:08:54 who has some thoughts on that specifically.
19:09:00 One last point I would like to make.
19:09:01 We did have some earlier meetings with the petitioner
19:09:04 prior to the continuance, when there were two
19:09:08 petitions pending on the same property as you heard
19:09:10 earlier from staff.
19:09:11 But one of the things that my client felt was
19:09:14 particularly handy, one of our early meetings with
19:09:19 petitioner's representative, one of their
19:09:21 representatives said they were unaware that there was
19:09:23 residential zoning up across the street from our
19:09:27 project.
19:09:27 If you noticed a lot of the pictures that are shown do
19:09:29 not show our client's project on Packwood.
19:09:33 They did mention that the project on Rome, the
19:09:35 relatively new one, you will hear from a couple of
19:09:38 those residents tonight.
19:09:39 In closing -- and you will hear from a few others --
19:09:42 but our concern is with the parking structure when we
19:09:45 originally met with them they had four levels and 50
19:09:48 feet of maximum height.

19:09:49 They have reduced that to what they are now showing.
19:09:51 The site plan says maximum of 3 P 35 but they are
19:09:54 showing a rendering.
19:09:58 But it's at three levels.
19:10:02 >>LINDA SAUL-SENA: Mr. Shimberg, what you are saying
19:10:04 is, what you are most concerned about is the fact that
19:10:07 your clients will look across the street to a parking
19:10:11 structure and if there were, let's say, townhouses or
19:10:13 retail or something, a genuine active use, then that
19:10:26 would be acceptable, too.
19:10:27 >>SHAWN HARRISON: Next.
19:10:32 >>> Jeff Conner.
19:10:33 I have been sworn in.
19:10:34 I represent Paul holden who owns a residence at 1711
19:10:39 Packwood which is across the street and he is directly
19:10:42 affected by the proposed parking garage of this
19:10:44 development.
19:10:45 I concur with the proposed single-use parking
19:10:49 structure does not fit in with the goals that the
19:10:53 Kennedy Boulevard overlay is designed to achieve.
19:10:55 >>JOHN DINGFELDER: Excuse me one second, Jeff.
19:10:58 Is that the -- your client's property or similar?

19:11:06 >>> Has a residence on the parkwood side, residence on
19:11:09 the Rome side.
19:11:11 That's the Rome side.
19:11:15 For the Kennedy Boulevard district to be successful,
19:11:17 it needs to be supported by the adjacent and
19:11:19 surrounding neighborhoods, and the proposed parking
19:11:23 garage in its single-use design blocks off and creates
19:11:27 a pedestrian void between the southern neighborhoods
19:11:29 on both Packwood and Rome Avenue, leading to Kennedy
19:11:32 Boulevard.
19:11:34 This single-use design is detrimental and works
19:11:37 against the Kennedy Boulevard becoming a people place.
19:11:41 The previous PD plan at that location had residential
19:11:45 development which fronted the side street and was an
19:11:47 appropriate design.
19:11:50 The proposed development in front of you this evening
19:11:52 should follow the development pattern with either
19:11:56 residential or retail fronting both sides of the
19:11:59 street on Packwood and Rome Avenue.
19:12:02 This is important that is being the first block off
19:12:06 Kennedy Boulevard, you know, for the overlay district.
19:12:11 And the parking structure, and the automotive parking

19:12:15 could be designed into the center, a 270-foot wide
19:12:18 block, street to street.
19:12:20 Successful example of this is the Hyde Park
19:12:22 structures, which residentially to Rome Avenue.
19:12:29 And on the Elmo, there's a diagram right here.
19:12:34 You are looking at a building that faces Kennedy and
19:12:42 should address Kennedy Boulevard.
19:12:43 The two sides streets should have some kind of
19:12:45 activated use that addresses each one of the streets
19:12:49 that connects the neighborhood behind Kennedy to
19:12:51 Kennedy Boulevard.
19:12:53 And there's an alleyway that runs parallel with
19:12:56 Kennedy Boulevard that serves -- in this case it's
19:13:01 taken in the parking address.
19:13:02 And the automated parking is integrated into the
19:13:06 center.
19:13:06 And one of the other things, that this accomplishes is
19:13:09 it breaks down this being a super block in terms of
19:13:13 its development.
19:13:14 And breaks down four of the smaller broken down
19:13:19 residential scale.
19:13:21 Any questions?

19:13:23 >>LINDA SAUL-SENA: Did you have a chance to talk to
19:13:25 the petitioner before tonight and suggest these
19:13:28 things?
19:13:29 >>> I haven't myself, no.
19:13:32 >>SHAWN HARRISON: Next?
19:13:41 >>> Roger clinka.
19:13:42 I have been sworn in.
19:13:43 I am representing Mr. Adam Cohen, 109-B Packwood.
19:13:48 Mr. Cohen has purchased one of the new residences
19:13:53 directly across the street from the proposed garage.
19:13:57 We are not opposed to this project conceptually, nor
19:14:03 are we opposed to a garage conceptually.
19:14:06 Whether this garage is adorned with art and or
19:14:11 dripping with beautiful flowers and palm trees, it is
19:14:15 still going to create hundreds of feet of sidewalk
19:14:19 that has no activity.
19:14:22 That's what we are opposed to.
19:14:26 And there are many aspects of this which are alarming,
19:14:31 and one I would like to bring out is that 24 years
19:14:36 ago -- yes, thank you -- 24 years ago we learned with
19:14:40 the Hyde Park village development that this is what
19:14:43 you do with a parking garage when it faces residential

19:14:54 development.
19:14:56 Now, this is Old Hyde Park, but the new residences
19:15:00 across the street, which actually proceed -- they are
19:15:06 under construction now and have been sold -- perceive
19:15:09 this proposal should not be treated with any less
19:15:11 respect than the old houses in Hyde Park.
19:15:14 Now, what is the alternative?
19:15:18 This is the alternative.
19:15:19 Clearly, this doesn't have the art and it doesn't have
19:15:22 the flowers and the palm trees.
19:15:24 But from a functional standpoint, this is no different
19:15:28 than what is being proposed.
19:15:31 Now, I know some of you have backgrounds in urban
19:15:34 designs, some of you don't.
19:15:36 So let me please recall to you Ms. Jane Jacobs, life
19:15:47 and death of the American city.
19:15:48 Ms. Jacobs was a housewife and she stopped Robert
19:15:52 Moses who was one of the most powerful urban planners
19:15:56 in the United States, in history, from putting a
19:16:00 highway through Greenwich village in New York City.
19:16:03 She did the crux of her argument was that the highway
19:16:09 will create vast areas where there will be no purpose

19:16:13 for people to walk.
19:16:15 And this is the same thing here.
19:16:18 She said, again, that no activity creates a dangerous
19:16:23 city.
19:16:26 Dangerous street.
19:16:27 And no activity on the street then adds up to an
19:16:31 unhealthy city.
19:16:35 I can't do anything but intrigue you to consider this
19:16:39 deeply.
19:16:39 It is very important.
19:16:41 The feature of our urban core is in your hands here
19:16:44 tonight.
19:16:46 Thank you.
19:16:52 >>SHAWN HARRISON: Thank you.
19:16:53 Next.
19:16:58 >>> Kevin Freel, 120 south Rome, number 2.
19:17:02 I have been sworn in.
19:17:04 I found from a picture you see one of the town homes
19:17:07 there, waited 18 months for that town home to be
19:17:09 built.
19:17:10 There are six of us, in a small complex there, Liss
19:17:13 town homes, three bedroom, 1700 square feet, very nice

19:17:17 town Holmes.
19:17:19 We personally are more affected than anybody else.
19:17:22 And we have met with them once.
19:17:24 I was never contacted but heard about the meeting and
19:17:28 showed up at the meeting which we got to talk about.
19:17:31 Again, I don't have a problem with the garage and the
19:17:34 building.
19:17:35 When we were -- when I put the money down and was
19:17:38 purchasing and waiting for a long time with this town
19:17:42 home we were told it wag going to be a two-story
19:17:46 office building, and 24 townhouses.
19:17:49 It would be nice to walk out the door and have knobs
19:17:52 and maybe people watching my place as well, too, we
19:17:54 are going to a lot, am a realtor, for 21 years sold
19:18:00 real estate, for 35 years, we have also land left in
19:18:04 South Tampa, and I don't know where we are going all
19:18:07 going to live.
19:18:07 That's why there's so much construction with these
19:18:10 condos and stuff and I hate to see us leaning on top
19:18:17 of one another.
19:18:19 I think for safety and for seeing our roads are in
19:18:22 really bad shape out in front of Kennedy, I know

19:18:24 there's things that takes time.
19:18:26 We have a lot of new tax dollars coming in with all
19:18:29 the construction.
19:18:29 So I'm hoping we'll see some more families, and just
19:18:33 people walking.
19:18:34 I've seen some of the corridor information.
19:18:35 It would be nice to walk up and down the street and
19:18:39 feel safe, going to a coffee shop, and would be nice
19:18:43 if there was retail or something on this project.
19:18:46 I think it would be awesome if they have some kind of
19:18:49 core garage and rather down sizable.
19:18:51 That would be nice if there were several town homes on
19:18:54 each side.
19:18:55 I looked at the other project on parkwood.
19:18:58 There are 20 town homes to be built.
19:19:01 It would be nice to have some people there as
19:19:03 neighbors but there are 20 town homes there.
19:19:06 And there is quite a bit of residential.
19:19:08 It's hard because you haven't seen a lot of really
19:19:10 nice pictures of that area.
19:19:13 So you will hear more from other residents.
19:19:17 Thank you for being here, too.

19:19:19 >>SHAWN HARRISON: Thank you.
19:19:20 Next.
19:19:20 >>> I'm sorry, I do have some petitions for the heck
19:19:22 of it.
19:19:23 We did get some things signed.
19:19:25 We do a lot of door knocking.
19:19:38 >>> Valerie Carr.
19:19:43 I have been sworn in.
19:19:45 I am one of the original residential homeowners in
19:19:51 opposition to this project and with that our six town
19:19:54 homeowners, we had a meeting, and we voted in
19:19:57 opposition.
19:19:58 I have that paperwork if would you like that.
19:20:01 Also, we are not directly opposed to the office
19:20:07 building across Kennedy.
19:20:09 Again the issue is the parking garage.
19:20:13 I bought my property with the projection that there
19:20:17 was going to be town homes across the street.
19:20:19 I was the first homeowner who moved in, exactly a year
19:20:23 ago this week.
19:20:23 But my main concern is it's not consistent with the
19:20:33 neighborhood.

19:20:34 If you run down anywhere from 100 to 500, 600 block,
19:20:37 anywhere from Rome Avenue all the way down to Howard,
19:20:41 the redevelopment has been putting townhouses up.
19:20:45 A lot of the other existing houses are businesses
19:20:49 being run out of the houses.
19:20:51 For example, on Rome and south I believe we have the
19:20:56 drycleaners across Kennedy.
19:20:57 I think there's a petition pending for that area
19:21:00 between Rome and Dakota.
19:21:06 Then there was a house from the south on Kennedy.
19:21:11 Then there's an attorney's office that is not for
19:21:13 sale.
19:21:14 And then there's all three townhouses.
19:21:18 Then there's the children's program which does not
19:21:23 have a substantial parking lot.
19:21:24 They have a bus that parks there.
19:21:25 And there's room for one car next to it.
19:21:27 And I'm not sure, on Cleveland.
19:21:32 So that is a concern.
19:21:37 Here's my understanding that the current site plans
19:21:39 that's proposed to be with the two-story retail
19:21:42 office, 12 townhouses on Packwood and then the

19:21:49 projection of the 16 townhouses being built down Rome,
19:21:57 I would like to see that.
19:22:00 And by by looking at the site plan, I know the
19:22:05 petitioner, has been reduced in size of the parking
19:22:10 garage.
19:22:11 If I'm correct, it looks like the original petition
19:22:13 was 18 feet of a setback down Rome Avenue, and now I
19:22:18 thought I just heard that it's been reduced to 10 feet
19:22:21 setback.
19:22:23 The three stories, I guess, has been reduced.
19:22:26 But if you look at the square footage, and it looks
19:22:28 like it's still 175 square feet, which I think the
19:22:34 building is in the 90s.
19:22:36 The original site plan, I believe, had approximately
19:22:39 340 parking spaces, and the site plan that I was
19:22:43 notified on still has 314.
19:22:46 All entry will be off of Rome and Packwood which I
19:22:49 think is significant.
19:22:51 I'm concerned about the safety in our neighborhood,
19:22:55 about it being so open right now.
19:22:56 We have lots of -- doesn't seem purposeful travel.
19:23:03 People are constantly stopping and asking for money,

19:23:06 et cetera.
19:23:07 In February we had a homeless person sleeping in the
19:23:10 car.
19:23:10 (Bell sounds).
19:23:12 >>SHAWN HARRISON: Thank you.
19:23:14 If you want to us see that, pass that to Mr. Shelby.
19:23:18 >>> Yes.
19:23:20 >>SHAWN HARRISON: Next?
19:23:26 >> Jimmy Barker.
19:23:27 I live at 120 south Rome, unit 4, and I have been
19:23:30 sworn in.
19:23:31 I'm basically here to support as well to object
19:23:35 against the parking garage and the office building.
19:23:40 I live with Kevin and Valerie in the town homes.
19:23:45 I think they have already said a lot of the major
19:23:47 points that we wanted to say.
19:23:49 Obviously, it's going to bring more crime into the
19:23:52 area.
19:23:53 The parking garage almost acts as a homeless shelter
19:23:56 in my eyes, to get out of any weather or whatnot, they
19:24:00 can walk right in and they'll be sitting across from
19:24:03 my front door so it's not something I'm looking

19:24:05 forward to.
19:24:05 Obviously the traffic is an issue.
19:24:07 And in my eyes, this is -- we have been talking about
19:24:12 the transitional.
19:24:14 It's kind of a transition from residential to
19:24:16 commercial, in that area.
19:24:17 And I was actually thinking, that doesn't start till
19:24:21 further down Kennedy.
19:24:22 I think this is more of a residential area, with a
19:24:24 little bit of mix of commercial in that area.
19:24:27 So I would like to see it stay that way.
19:24:29 Otherwise, if commercial goes there, our town homes
19:24:33 get sectioned out.
19:24:34 And we are off by ourselves.
19:24:38 >>SHAWN HARRISON: Thank you.
19:24:46 >>> My name is April black.
19:24:48 I live at 306 south Albany which is in the same
19:24:51 neighborhood.
19:24:52 And I have been sworn in.
19:24:54 I just wanted to point out that I was invited to that
19:24:56 original meeting that we had with the developer, and
19:25:00 we brought up the suggestion that they incorporate

19:25:03 some other uses into the parking garage.
19:25:06 And they just kept telling us how beautiful it was
19:25:11 going to be and how there were going to be sidewalks
19:25:14 and places to sit.
19:25:15 But if you don't live in that neighborhood, why would
19:25:19 you sit there?
19:25:20 And if you do live in that neighborhood, you're going
19:25:21 to sit in your own home.
19:25:24 They really want town homes or maybe some retail,
19:25:28 maybe some, you know, Starbuck's or something.
19:25:31 They would like to see some kind of use where they are
19:25:34 not facing a parking garage.
19:25:36 And I have to agree.
19:25:39 Most of us have to use Cleveland on a regular basis,
19:25:42 and add that kind of traffic to the side streets, we
19:25:45 are not looking forward to that.
19:25:46 We would like to keep traffic on Kennedy and keep it
19:25:51 off Packwood and Rome.
19:25:53 That's all I have.
19:25:53 Thank you.
19:26:01 >>> I'm Stan Ellison.
19:26:04 With and I have been sworn.

19:26:10 I will be brief.
19:26:12 As most of you are aware, that group takes a lot of
19:26:18 pride to be associated with quality projects.
19:26:20 And we are proud to be associated with this project.
19:26:24 The parking garage, the standards have all been
19:26:28 designed with great thought, and have been responses
19:26:33 to the requests of the neighborhood.
19:26:35 This parking garage does not look like a parking
19:26:38 garage.
19:26:39 It's well landscaped.
19:26:41 It will be secure in the evenings.
19:26:43 There will be no unauthorized entry into it after
19:26:46 normal business hours.
19:26:49 The development is exactly what we need from Kennedy
19:26:53 Boulevard.
19:26:54 It is -- it would be a great place to work.
19:26:57 We can't have town homes on every corner of every
19:27:00 street.
19:27:01 I personally live in the Channel District and I wish
19:27:04 that parking garage were across the street from my
19:27:07 residence.
19:27:07 So I strongly encourage to you support our request

19:27:11 this evening.
19:27:12 Thank you.
19:27:12 >>SHAWN HARRISON: Thank you.
19:27:14 Petitioner?
19:27:18 >>> Thank you.
19:27:18 I think I can clear up a few things.
19:27:21 Maybe I'll just make them more murky.
19:27:24 You never know when you are trying to clear up.
19:27:29 I would like to briefly talk about the prior PD zoning
19:27:34 that is on part of this property.
19:27:37 That zoning was initiated with the hope that something
19:27:41 could be worked out between the land owner and a
19:27:45 developer.
19:27:47 The zoning went forward.
19:27:48 Nothing was ever worked out.
19:27:52 We have no rights to those plans.
19:27:54 We have no rights to the design.
19:27:56 We can't build that project, even if we wanted to.
19:28:00 And I'm really not trying to suggest that we want to.
19:28:04 The other side of the block has never been rezoned.
19:28:07 It continues to be CI.
19:28:10 And the property that Mr. Freel and Miss Par and Mr.

19:28:18 Barker front is currently zoned CI, and with no
19:28:22 further zoning or permitting could be something that
19:28:25 would be less favorable, I believe, to the
19:28:28 neighborhood and the current residents, than a lop
19:28:33 landscape, parking facility.
19:28:39 Also on the Packwood side.
19:28:41 At the corner of Cleveland and Packwood on the block
19:28:43 that we are involved in, there is an office building
19:28:49 and adjacent parking.
19:28:50 At least two of the town homes that are being
19:28:52 constructed across Packwood will front that building
19:28:56 and that parking.
19:28:58 They will have fronted a higher wall, if you will,
19:29:02 across Packwood, although it would have been the front
19:29:05 of a residential structure.
19:29:10 There would not have had the landscaping requirements
19:29:12 that we are dealing with, and which we hope to
19:29:16 implement.
19:29:23 If I could show on the Elmo just one second, if we
19:29:27 could rotate this properly.
19:29:29 The CI parcel that I'm referring to on Rome is right
19:29:34 here.

19:29:35 The six town homes are here.
19:29:37 Three are accessed via the alley.
19:29:40 Three are accessed via Rome.
19:29:46 There will not be residential on this piece.
19:29:48 That's just not something that's going to happen.
19:29:53 It might be something that these people would like to
19:29:56 see.
19:29:57 But it won't be there.
19:30:00 It will be something that complies with CI.
19:30:03 Or it could be what we are proposing.
19:30:07 I don't mean that unkindly.
19:30:09 It's just a fact.
19:30:11 I think you can also notice the PD to the south of us,
19:30:16 across Cleveland, is the home of southern equipment,
19:30:21 which involves a fairly high degree of fabricating,
19:30:26 air conditioning and heating devices.
19:30:33 And they rely on heavy trucks.
19:30:39 That traffic comes in from Kennedy or it comes in from
19:30:42 Cleveland and it is a fact in the neighborhood.
19:30:47 Now on parking garages.
19:30:48 Parking is a necessity.
19:30:50 The previous -- or the existing PD, along Packwood,

19:30:55 would push a third of the required parking up onto --
19:31:01 that's 31 cars out of 93.
19:31:04 I'm not sure where they would park.
19:31:06 But that is what that approval says.
19:31:10 I would like to show you some pictures of some parking
19:31:12 garages in Tampa that are adjacent to residential.
19:31:19 This is in Hyde Park village, back behind where the
19:31:24 sharper image used to be.
19:31:26 I'm sorry that it's fuzzy.
19:31:28 I would be happy to pass the pictures around.
19:31:34 >> Thank you.
19:31:35 >> That is two elevated levels with no attempt to
19:31:41 bring the design into harmony with the builder.
19:31:44 Immediately across the street is residential.
19:31:49 I have another view of the other side of that garage.
19:31:59 it's on Dakota. It's back behind the building where
19:32:02 sharper image was, and write think Brooks brothers is
19:32:05 the only --
19:32:07 >> The inner circle.
19:32:09 >> This is taken looking across Rome Avenue.
19:32:16 There is a nice home that has been there forever and
19:32:18 ever, next to the parking garage.

19:32:23 Another example of an existing parking structure is
19:32:29 behind --
19:32:31 >> I just have to tell you that's a duplex approved 15
19:32:35 years ago.
19:32:35 It hasn't been there forever and ever.
19:32:38 I approved it.
19:32:39 >> I just assumed it was a part of Old Hyde Park.
19:32:44 This is parking behind the Stovall on Bayshore.
19:32:49 That is the garage itself.
19:32:53 Here is a picture of a portion of the garage that
19:32:55 shows the residential immediately next door.
19:33:05 Here is another shot down across residential that is
19:33:08 there.
19:33:11 Behind the atrium, which is also on Bayshore and backs
19:33:14 up onto, I believe, Palm Avenue, they have a much
19:33:24 taller parking garage.
19:33:25 There's a picture of a house immediately across the
19:33:27 street.
19:33:31 Here's a picture of a home, or actually townhouses
19:33:33 that are also immediately across the street.
19:33:37 There is a large home immediately to the south of the
19:33:39 parking garage.

19:33:43 Parking is not an unfriendly neighbor.
19:33:45 It doesn't have to be.
19:33:49 A well designed parking garage.
19:33:51 People go home at night.
19:33:53 You've heard people who are concerned about security,
19:33:57 and will be in the parking garage.
19:33:58 This will have punch key access.
19:34:02 It will be secured in the evenings.
19:34:04 It will be secured from people out there.
19:34:09 Only people who are in the office will have access.
19:34:24 There was a comment made by Ms. Carr about the
19:34:27 setbacks being reduced, a direct result of the parking
19:34:30 garage being lowered a level.
19:34:32 We had to come out one space to lower it to the entire
19:34:36 level.
19:34:37 And she is correct, that parking setback along Rome is
19:34:42 10 feet, not 18 feet.
19:34:43 The CI zone that is there today will require 10-foot
19:34:47 setbacks.
19:34:52 One of the gentlemen who spoke to you said that the
19:34:55 future of the urban core is in your hands tonight.
19:34:59 I wouldn't go quite that far.

19:35:04 Certainly this parcel and this proposal is in your
19:35:06 hands tonight.
19:35:08 We believe this is a well designed, thoughtful
19:35:13 proposal that will accommodate the desires of this
19:35:17 community along Kennedy Boulevard.
19:35:20 It will not unduly interfere with the neighborhood and
19:35:23 will in fact blend in with a very mixed use
19:35:26 neighborhood, in a very sensitive way.
19:35:29 Thank you.
19:35:31 >>SHAWN HARRISON: I think we have a couple questions
19:35:32 for you.
19:35:32 Mrs. Saul-Sena.
19:35:34 >>LINDA SAUL-SENA: Thank you.
19:35:35 I wanted to begin by saying I really respect the fact
19:35:38 that you obviously put a lot of energy into this
19:35:41 project.
19:35:43 But when I look at this elevation, which we see on
19:35:46 either side street, this is not an urban elevation.
19:35:50 And what we are hearing from the neighbors is that
19:35:52 they think that this neighborhood, because they live
19:35:55 here, and this is Nair neighborhood, and it seems to
19:35:57 me that this project could accomplish your concerns if

19:36:02 you went back and redesigned it.
19:36:04 It seems to me that the appropriate thing to do is to
19:36:08 give the neighbors some active uses along the edges,
19:36:11 just drew up how you could activate the sides, still
19:36:18 have the parking you need in the center, reduce the
19:36:21 drive aisle, you could tighten up on, and meet all
19:36:25 your needs.
19:36:27 So way think the most productive thing to come tonight
19:36:30 is the continuance for as long as you think it would
19:36:32 take you to redesign this project.
19:36:36 It's got many, many good qualities.
19:36:38 But it really doesn't meet the needs of the
19:36:40 neighborhood.
19:36:41 And I think it can do both.
19:36:43 And I think you don't have to put 12 townhouses in.
19:36:47 You need to put some active edges on the bottom floor
19:36:49 along the edges that face the residences.
19:36:52 So my suggestion would be that you would request a
19:36:54 continuance.
19:36:55 And I think you just need to think of how many days
19:36:58 you need to give you time to redesign it.
19:37:05 >>JOHN DINGFELDER: I agree wholeheartedly with Mrs.

19:37:08 Saul-Sena.
19:37:09 I don't think I realized how many residential units
19:37:14 there were that were going to face this project,
19:37:17 probably because I guess on the Packwood side is still
19:37:22 under construction.
19:37:27 I think there's something to be said for
19:37:29 predictability in terms of our life and zoning in
19:37:32 particular.
19:37:32 And the folks who have purchased along here on Rome
19:37:37 and on Packwood, you know, especially on the Packwood
19:37:43 side, they saw the PD that was going to be there, and
19:37:47 that's probably one of the reasons that they bought.
19:37:49 And now, if we approve this, it would be something
19:37:53 totally different.
19:37:54 And I would be extremely angry, as I'm sure they are,
19:37:58 if I were in their shoes. Anyway, I agree with Mrs.
19:38:01 Saul-Sena.
19:38:02 The only thing I would add is that, this sounds rather
19:38:05 trivial in light of this major critique, I sit on the
19:38:09 Hartline board and we are having a great deal of
19:38:11 trouble building bus shelters, because we don't have
19:38:15 enough money to build bus shelters.

19:38:17 So if and when at some point we approve this project,
19:38:19 I would like to see either note 13 or note 27 if the
19:38:24 developer would include a bus shelter on Kennedy.
19:38:29 That's just an additional minor point.
19:38:34 >>ROSE FERLITA: Thank you, Mr. Chairman.
19:38:35 I know that Mr. Dingfelder is trying to find some fine
19:38:38 tuning issues in terms of the neighborhood that just
19:38:42 recently moved in.
19:38:43 But shelter is this or not I certainly have some
19:38:50 problems with this petition, Mr. Reynold.
19:38:52 I always expected what you do because you are always
19:38:54 polite about what you do, very sensitive to the
19:38:56 neighborhood or the surrounding projects.
19:39:01 Mr. He will sign said that there was a lot of thought
19:39:04 that went into this, a parking garage is a parking
19:39:07 garage is a parking garage.
19:39:08 For those people that have wanted to take the
19:39:10 initiative to be the pioneers, to have homes here, to
19:39:15 have residences there, for them to look across the
19:39:17 street to a parking garage versus something else,
19:39:20 there's just so many ways you can buffer a parking
19:39:22 garage away from a residence.

19:39:24 And yes, I am a Hyde Park resident and I know about
19:39:27 some of the sites that you referenced in terms of
19:39:28 comparisons.
19:39:29 I'm not really sure if they are first residences or
19:39:33 the parking garage or the house next to the parking
19:39:35 garage or whatever.
19:39:36 But these are new residences.
19:39:39 This is an initiative, and an idea that many people
19:39:42 have thought about in terms of Kennedy.
19:39:46 Mrs. Saul-Sena, for one, specifically.
19:39:47 And for me to be in their shoes, buy one of these
19:39:52 units, I think that everything is swell, going to be a
19:39:56 South Tampa resident, you have invested in this, here
19:39:58 we are and there we go, and all of a sudden we had a
19:40:00 petitioner coming that wants to have a garage across
19:40:03 from my house.
19:40:04 I'm not sure that that exercises my ability to have
19:40:07 said no.
19:40:08 You don't know that they necessarily thought that was
19:40:10 coming.
19:40:11 I don't know what they would have made the decision to
19:40:13 live there.

19:40:13 And with all due respect to Mr. Ellison, it may be a
19:40:17 great place to work.
19:40:19 But it may not be a great place to look at, when you
19:40:21 look across the street and you're in your home.
19:40:24 He lives in Channel District.
19:40:25 And perhaps the density in Channel District and the
19:40:29 ideas that are coming along in terms of Channel
19:40:31 District, made better buffer looking across the street
19:40:37 to parking garage.
19:40:38 But I have to put myself in their shoes.
19:40:43 And I can't support this, unless you come back with
19:40:46 something very dramatic based on whatever your
19:40:48 petitioner or your client dictates for you to do.
19:40:52 I can't support it with or without a bus shelter.
19:40:56 It's just not a fair start to the people that decided
19:40:59 to take that chance.
19:41:00 We have worked hard and long.
19:41:03 Certainly longer than I have in terms of Kennedy.
19:41:06 And I don't see this as division for Kennedy.
19:41:08 And so far with all due respect, because, you know, I
19:41:13 respect the heck out of you, Steve, but I'm not
19:41:15 impressed with this.

19:41:16 So unless it comes back totally different, I can't
19:41:18 support it.
19:41:23 >> Just because my bus shelter was referenced --
19:41:26 >>ROSE FERLITA: No, Mr. Dingfelder, you can say what
19:41:28 you want to.
19:41:28 All I'm saying is, that's fine.
19:41:30 And I think that's an amenity that's always
19:41:33 considerate for the people that live there.
19:41:35 But I want to see even more than that when they come
19:41:37 back.
19:41:38 I'm not criticizing you on the bus shelter.
19:41:42 That's fine.
19:41:43 But I hope it's bus shelter plus.
19:41:46 That's all I'm telling them.
19:41:48 >> That was my point.
19:41:51 Hitting on what Mrs. Saul-Sena said, you and I are in
19:41:54 complete agreement.
19:41:54 I can't support this but if they come back and make
19:41:56 the improvements Mrs. Saul-Sena said, I also want them
19:41:59 to include a bus shelter.
19:42:01 >> That doesn't even make me happy after that.
19:42:04 That's three of us they have to contend with.

19:42:08 >>SHAWN HARRISON: Any other questions for the
19:42:09 petitioner?
19:42:10 >>ROSE FERLITA: No.
19:42:11 >>SHAWN HARRISON: Do you want to respond?
19:42:14 >>> Could I take a few seconds to confer with my
19:42:16 client?
19:42:16 >>SHAWN HARRISON: You may.
19:42:47 >>> I would like to make one additional comment before
19:42:49 I come back to your comments.
19:42:53 The portion of the Kennedy Boulevard guidelines did
19:42:57 require residential or commercial in the lower levels
19:43:01 of the garage that did not front on Kennedy.
19:43:05 Those were deleted or modified in the final version.
19:43:09 And that is no longer a requirement of that ordinance.
19:43:13 I forgot to mention that.
19:43:14 I want to clear that up.
19:43:17 We would like to ask for a continuance.
19:43:20 What I don't have any feel for is how long it takes to
19:43:24 totally redesign a piece of property this size.
19:43:30 >> Six months?
19:43:30 >>> Is it possible -- I guess we got a continuance for
19:43:36 three months, we could perhaps ask for another three

19:43:38 months then if we need it.
19:43:39 >>SHAWN HARRISON: It's your call.
19:43:41 Let's find out.
19:43:42 What's the next available night meeting?
19:43:44 >>HEATHER LAMBOY: Next available night is September
19:43:48 28th or October 12th with me.
19:43:53 >> The later the better believe it or not.
19:43:55 I'm probably the first person here in six months that
19:43:57 asked for the latest.
19:43:59 >>SHAWN HARRISON: That takes us back to the October
19:44:01 12th meeting.
19:44:02 If you think that you can't get that pulled together
19:44:05 by then, just make sure you notify the neighbors who
19:44:07 are here tonight.
19:44:11 >>> I don't think a continuance beyond that would be
19:44:12 something that would be an issue.
19:44:15 >>> Thank you very much.
19:44:16 >>HEATHER LAMBOY: I would like to make a request that
19:44:19 the petitioner renotice, because going out at such a
19:44:21 late date.
19:44:27 >>SHAWN HARRISON: All right.
19:44:27 So we will need a motion to continue it to that date.

19:44:31 We have a motion and second.
19:44:32 All in favor signify by saying Aye.
19:44:35 Motion carries.
19:44:35 >>MARTIN SHELBY: For clarification the date and time
19:44:38 again, please?
19:44:40 >> October 12, 6 p.m.
19:44:47 >> Mr. Chairman, it would be appropriate to include in
19:44:48 the record the suggestion that they make active use as
19:44:52 long those side streets?
19:44:53 Because if they just go back and redesign and they
19:44:56 still have 100-foot of garage along both Packwood and
19:45:01 Rome, but they redesign it so it looks like it's
19:45:04 buffered, then than may not accomplish anything.
19:45:06 >>SHAWN HARRISON: What I would suggest is they have
19:45:08 heard the concerns of the council at this point.
19:45:11 And the neighbors.
19:45:12 And I think that they have some idea of where to try
19:45:14 to go with this.
19:45:17 Thank you all for coming.
19:45:18 We appreciate your patience.
19:45:27 Item number 7.
19:45:30 >> Move to open.

19:45:31 >> Second.
19:45:31 (Motion carried).
19:45:31 >>SHAWN HARRISON: Item 7 is open.
19:46:11 >>HEATHER LAMBOY: Land development.
19:46:12 I have been sworn.
19:46:13 The subject property is located at 605 and 610 east
19:46:16 north street.
19:46:19 If you will take a look at the zoning map, the subject
19:46:22 property is part of a large residential single-family
19:46:25 neighborhood, and currently zoned RS-50.
19:46:28 There are some deviations in that there's a PD, and of
19:46:35 course there's commercial zoning along the Nebraska
19:46:37 corridor.
19:46:38 But that is across the interstate.
19:46:43 May 11th of the petitioner's request so they can
19:46:45 go over the existing utility at 610 east north street.
19:46:56 Site plan has been submitted to land development.
19:46:58 Therefore the objections proposed remain.
19:47:00 The petitioner is requesting to rezone the property
19:47:03 from RS-50 to PD for a church and a parking lot.
19:47:07 Prior to 2003, the north street church operated at the
19:47:12 site.

19:47:12 In addition to 610 east north street the church also
19:47:16 owns the following property.
19:47:17 601, 602, 603, 604, 065, and finally east north
19:47:23 street.
19:47:24 In 2003 all the church land holdings were sold to the
19:47:27 land track service, which in turn held the properties
19:47:31 individually as residentially zoned lots.
19:47:34 During the tenure of ownership the church left its
19:47:39 status as a legal nonconforming stature due to the
19:47:42 fact the church was not used in its capacity for a
19:47:44 period greater than 180 days.
19:47:47 Chapter 27-271.
19:47:48 The petitioner purchased the subject property in July
19:47:52 2005, 10 east north street and August 2005 for 605
19:47:56 east north street.
19:47:57 The petitioner purchased the property, she rented the
19:48:00 church facility to various religious groups for
19:48:03 services.
19:48:04 However, dividing of the original north street church
19:48:07 property, the church facilities led the parking
19:48:11 typically used for its congregation.
19:48:13 Let me show you some photographs.

19:48:15 This is the view towards the church.
19:48:18 This is the interstate, the church facility located
19:48:21 here.
19:48:26 The view away from the church.
19:48:28 And some examples of how -- you can see here.
19:48:37 Example of another residence.
19:48:39 Another one.
19:48:40 The heights overlay.
19:48:53 Another one.
19:48:54 This property immediately abutting the church used to
19:48:56 be the caretaker's facility and that was sold off
19:49:00 separately as well to single-family residential lot.
19:49:10 A view of the church at the front.
19:49:19 Towards the rear.
19:49:20 This is where the proposed handicapped parking would
19:49:22 be.
19:49:24 This is a view of the proposed parking lot across the
19:49:27 street.
19:49:28 You can see, this what we are going to be discussing a
19:49:34 little later.
19:49:35 The one on the left.
19:49:38 This is another view of the grand tree.

19:49:41 You can see it straddles the property that lies
19:49:44 between -- this is a TECO substation.
19:49:48 This is the S where the proposed parking lot is going
19:49:51 to be.
19:49:51 The petitioner is proposing to partially alleviate the
19:49:57 parking concerns across the street from the church
19:49:59 property. The use -- with the use of the proposed lot
19:50:02 there will be a deficit of 47 spaces.
19:50:04 There are several objections.
19:50:06 First of all, with reference to section 27-272,
19:50:11 churches.
19:50:12 There are many elements that are not being met,
19:50:15 specifically with lot size, having direct access to an
19:50:20 arterial or collector street, and there is no
19:50:25 information of signage, cannot address that criterion.
19:50:30 And this references special use.
19:50:33 There are problems with ingress and egress, off-street
19:50:37 parking and loading, refuses and loading areas, and
19:50:43 control access generally because they need to go
19:50:48 through the neighborhood in order to access the
19:50:49 church.
19:50:50 There's been no substantial evidence given to staff

19:50:53 that these adverse impacts would be controlled.
19:50:56 With reference to landscape review there is concern
19:50:59 about that grand tree that I pointed out in the
19:51:01 photograph.
19:51:04 Mary Daniel will be up in a moment to discuss how that
19:51:07 objection can be alleviated but involves reducing even
19:51:09 more parking, and that's a major concern.
19:51:16 Transportation has an objection.
19:51:19 Solid waste requested be added to the site plan.
19:51:22 Even with the continuance.
19:51:24 And the parking lot effectively removed all the trees
19:51:31 from the site.
19:51:32 I will defer to Mary Daniel.
19:51:37 She's the expert in that matter.
19:51:39 That concludes staff comments.
19:51:41 >>SHAWN HARRISON: Thank you.
19:51:43 >>> Mary Daniels white, Land Development Coordination,
19:51:47 I have been sworn.
19:51:47 Basically, we object to this access of the proposed
19:51:51 parking area.
19:51:52 All the trees will be removed.
19:52:03 There is an on-site grand tree located here.

19:52:07 Parks and recreation -- recreation can speak on their
19:52:11 behalf.
19:52:11 We would request this space and this space be removed
19:52:13 to give this tree the proper protected radius of the
19:52:18 parking spaces adjacent to this tree will cause
19:52:21 compaction, and detriment of the health to this tree.
19:52:26 Also, from a landscape perspective the landscape
19:52:30 buffer has not been in accordance with chapter 13.
19:52:38 And
19:52:42 Short on some of the green space requirements.
19:52:43 And they would need to apply for waiver for that.
19:52:52 They would have to ask for that specifically on the
19:52:53 site plan.
19:52:55 The changes to the parking spaces would be a graphical
19:52:58 change.
19:52:58 It would require them to come back.
19:53:02 That concludes my presentation.
19:53:04 >>SHAWN HARRISON: Thank you.
19:53:05 Planning Commission.
19:53:11 >>TONY GARCIA: Planning Commission staff.
19:53:13 I have been sworn in.
19:53:19 The site is located in the Seminole Heights area.

19:53:23 Adjacent to the interstate as we can see here.
19:53:26 It does have a land use designation to all of the
19:53:28 other parcels, residential 10, such as daycare centers
19:53:35 and churches.
19:53:41 Ms. Lamboy did an excellent job showing you some of
19:53:43 the houses in the area and depicting the density to
19:53:46 where it leads us to this evening regarding this
19:53:50 particular site.
19:53:51 And she has stated correctly this site has lost some
19:53:55 nonconforming status of a legal nonconforming use.
19:53:59 In essence, I guess it's not operating functionally as
19:54:02 a church as it would be under normal provisions of the
19:54:05 law.
19:54:08 The applicant is asking for significant waiver in
19:54:10 parking.
19:54:11 Regarding the consistency with the comprehensive plan,
19:54:14 let me read to you just a couple of the excerpts of
19:54:17 policies for the comprehensive plan of this particular
19:54:20 site.
19:54:20 Policy B-6.8, where approved development site plans
19:54:23 must demonstrate safe and convenient on-site traffic
19:54:26 flow and needed vehicle parking as required in the

19:54:28 city zoning code.
19:54:29 Also, policy 3-.1 where generally development and
19:54:34 redevelopment shall be integrated with the adjacent
19:54:36 land uses.
19:54:37 One of the things that it talks about is the
19:54:38 mitigation of adverse impacts.
19:54:41 The request is inconsistent with these policies.
19:54:43 The existing one-story structure, there will be a
19:54:47 significant congregation I believe that does attend
19:54:50 this church, does have capacity for approximately 200
19:54:53 individuals.
19:54:54 The proposed request as it is now cannot provide the
19:54:58 needed parking to accommodate this use in accordance
19:55:00 with the code requirements.
19:55:02 Policy D-3.2 of the land use element states that new
19:55:05 development and redevelopment must mitigate the
19:55:07 adverse noise, visual and vibration impacts created by
19:55:11 that development upon uses and proximity to the
19:55:13 proposed development and redevelopment. The request
19:55:15 is also inconsistent with this policy, by not
19:55:19 providing the necessary green space, parking and
19:55:21 retention to accommodate the area. This condition was

19:55:24 created as a result, as Ms. Lamboy had stated, of the
19:55:27 former property owner developing the adjacent
19:55:30 properties that were previously used for parking for
19:55:31 the site for development.
19:55:34 Planning Commission staff object to the proposed
19:55:37 request.
19:55:38 We find it inconsistent with the comprehensive plan.
19:55:40 >>SHAWN HARRISON: Thank you.
19:55:42 Petitioner.
19:55:48 >>> Thank you.
19:55:49 I'm Robert Williams with Fowler White Boggs and
19:55:51 Banker, 501 East Kennedy Boulevard.
19:55:54 I have been sworn.
19:55:54 As you can see this is a very difficult request that
19:55:56 we have before you this evening.
19:55:59 And it is difficult because of the history of this
19:56:02 particular parcel.
19:56:03 This parcel has been used as a church.
19:56:05 However, the prior owner, not my client but the prior
19:56:09 owner, I would say had unwisely sold off the parking
19:56:14 lot in the areas that are needed to support this
19:56:17 particular use.

19:56:19 And painting themselves in quite a bit of a corner.
19:56:21 My client now owns the property and would like to
19:56:25 continue to use this property as a church, as a place
19:56:29 of worship.
19:56:29 The problem is, there is no parking literally to
19:56:34 support this particular use at this time.
19:56:37 And so that does make it very difficult.
19:56:39 The parking requirements of the code require .2
19:56:44 parking spaces per seat, and also has a particular
19:56:48 matrix for how many parking spaces are needed per 20
19:56:52 inches of pew, and 20 inches of pew space will equal
19:56:57 one seat.
19:57:00 Currently, there are 186 individual seats, stadium
19:57:04 type seats as you see before you, in the church.
19:57:07 There are four nine-foot pews, and one six-foot pew.
19:57:11 There's one eight-few foot pew and five 14-foot pews.
19:57:16 We recalculated to be fair and forthright to the
19:57:19 council of how many parking spaces would be needed on
19:57:21 that scenario, and that would many we need 77 spaces
19:57:26 for the seating inside the sanctuary in addition to
19:57:30 the pew.
19:57:31 That's a little bit more than is indicated by staff

19:57:33 report.
19:57:34 However, once we discovered that, we obviously wanted
19:57:36 to report that to you.
19:57:39 The request that we have before you today is, we did
19:57:44 request a continuance.
19:57:45 You graciously granted us one to meet with the
19:57:48 neighbors which we did to attempt to find a solution.
19:57:51 However, the very difficult part of this potential
19:57:53 case is the solutions are very, very, very limited as
19:57:57 far as what can we do, because there physically is no
19:58:00 space literally adjacent or on the property.
19:58:07 On the Elmo, there are a couple of different options
19:58:11 that may be available to us.
19:58:14 You heard already one, and this is 84 downtown
19:58:20 counting the 12 spots with the grand tree and we
19:58:22 understand the objection to the two.
19:58:24 But given the constraints that we have, we are trying
19:58:27 to show the very best case.
19:58:29 >>: Owe we have in there, understanding that the grand
19:58:31 tree is going to take some thought in your mind, and
19:58:36 probably some great concerns about taking that out.
19:58:39 However, we did need to show you the maximum that we

19:58:43 could put in there.
19:58:44 The other item -- and so that is really part of the
19:58:47 solution.
19:58:47 And I'll tell you right now that the owner of lot 83,
19:58:53 and that parcel adjacent next door, doesn't object to
19:58:56 having the parking lot for the church right next to
19:58:58 his house and I can understand his objection to that.
19:59:01 How far, that is the only piece of property that is
19:59:03 literally owned by the church, by the owner of the
19:59:05 church, to facilitate that.
19:59:08 So that is the only option that we had in that
19:59:10 particular scenario.
19:59:11 The other option which we did share with the
19:59:15 neighbors, and they weren't very enthusiastic about it
19:59:17 to say the least, was this is as indicated State Road
19:59:22 93, this is I-275 right here, and the thought was to
19:59:27 use what will be on-street parking, that cars would
19:59:32 pull up into the fence onto 75, but to improve that
19:59:36 parking, to delineate spaces, to give them real spaces
19:59:40 to park in, that were not on streets where homes were
19:59:44 located.
19:59:46 That being the streets here such as north street, and

19:59:51 such as Lambright.
19:59:52 And that is watch we were attempting to do and ask
19:59:56 that part of the solution to allow to us make those
20:00:01 improvements.
20:00:02 The third prong of what we were hoping to accomplish
20:00:06 and improvements so you can see somewhat in the
20:00:09 Planning Commission's handout there, there's an
20:00:14 elementary school in the area.
20:00:16 And we have a letter from the principal from last year
20:00:18 that indicated that they have no objection to parking.
20:00:22 Obviously, we would have to enter into a lease.
20:00:26 The elementary school and also provide adequate
20:00:30 shuttle bus back and forth to the church to provide
20:00:33 the additional parking on that.
20:00:36 To alleviate those concerns.
20:00:38 This is how -- and it is a structure that is already
20:00:42 existing.
20:00:43 Had a client come in and said, I want to build a
20:00:45 church at this location.
20:00:47 There's just no way we're taking that to the City
20:00:50 Council.
20:00:50 But we had a completely different scenario.

20:00:52 We have an active church.
20:00:54 We have a place of worship.
20:00:56 These folks would like to continue to worship in that
20:00:58 particular location.
20:00:59 And that building has been used to store things for
20:01:01 that purpose.
20:01:02 And that's a consideration we are asking for, to do
20:01:05 that.
20:01:08 Again, all of the concerns that are basically -- were
20:01:11 proposed by staff and the Planning Commission arise
20:01:15 from the number of congregates that use this
20:01:20 particular facility.
20:01:21 And there are very few ways to really limit how many
20:01:26 folks are going to be able to use that particular
20:01:27 facility.
20:01:28 One of the items that we had discussed internally was,
20:01:32 do we need to reduce the number of seats that are in
20:01:34 the sanctuary?
20:01:36 I'm sure there are there are churches that don't want
20:01:40 to see that happen because obviously they would like
20:01:41 to grow as they reach new members.
20:01:44 However, they have very limited alternatives.

20:01:51 You did in fact grant our previous motion to continue,
20:01:54 and we did attempt to meet with the neighbors.
20:01:57 But given that there are so if you alternatives we
20:01:59 were unable to come to a conclusion.
20:02:04 A couple of the items, is that due to the previous
20:02:06 disposal of the property, obviously the setbacks are a
20:02:11 great issue and great problem and something that we
20:02:14 can't physically cure.
20:02:15 And again if you were building a new structure, it
20:02:18 would be a horse of a different color, I believe.
20:02:20 However, this structure exists at this time making it
20:02:23 very difficult for us to deal with what physically
20:02:26 exists on the property.
20:02:33 I understand the problem the neighborhood has, and I
20:02:36 understand the genuineness and sincerity of those
20:02:41 problems but again I want to reiterate we had very,
20:02:44 very limited options available to us to cure the
20:02:48 situation.
20:02:49 And because of that, that's why we have come up with a
20:02:52 very limited three items that we have been able to
20:02:54 present to you today.
20:02:55 Believe me, I thought long and hard are there other

20:02:58 things we can do?
20:02:59 Is there any thinking outside the box that we can do
20:03:02 beyond this?
20:03:02 And I'm sorry to say that no one has really come up
20:03:05 with any other types of solutions.
20:03:07 With that, I would like to reserve some time to
20:03:09 respond.
20:03:10 I know there are folks that are here that would like
20:03:12 to speak in favor and also folks that are here that
20:03:14 would like to speak in opposition to this particular
20:03:16 request.
20:03:18 >>SHAWN HARRISON: Thank you.
20:03:19 We have a question.
20:03:22 >>LINDA SAUL-SENA: Sir, could you clarify for me when
20:03:26 the petitioner that you represent purchased this
20:03:29 property for the church, the land that had previously
20:03:37 been used for parking already been sold for
20:03:40 residential lots?
20:03:42 Did they sell the parcels to be homes or was that done
20:03:45 prayer to their purchasing it?
20:03:50 >>> I bought the church.
20:03:51 >>MARTIN SHELBY: Before you speak if you state your

20:03:52 name and whether or not you have been sworn.
20:03:55 >>> Yes, I have been sworn.
20:03:59 I bought this church in foreclosure and I bought it
20:04:05 the same day before it went into foreclosure, like one
20:04:08 day before.
20:04:08 I didn't have a time to think about it, all these
20:04:11 issues.
20:04:25 I bought the vacant lots.
20:04:27 You paid top particular for it so we can have some
20:04:30 parking space.
20:04:33 Not dealing with the parking issue.
20:04:35 But we do have parking capacity of 75 that maybe we
20:04:43 can use.
20:04:49 Snoop thank you.
20:04:50 So you didn't sell off the parcel.
20:04:53 When you bought the building, you didn't think, oh, I
20:04:56 might need parking to go with the building.
20:04:57 >>> I didn't have enough time to think.
20:05:00 >> Thank you.
20:05:05 >>KEVIN WHITE: The church is active now, correct?
20:05:07 Holding services now, contribute correct?
20:05:09 >> Yes.

20:05:10 >> Where is the great majority of parking taking
20:05:12 place?
20:05:12 I see by some of the photos, it looks like some of the
20:05:15 parking is taking place alongside the interstate,
20:05:17 along the fence line?
20:05:19 Is that where the majority of the parking is taking
20:05:22 place now?
20:05:24 Or is some of it next to whomever --
20:05:29 >>> I know there is parking taking place next to the
20:05:33 interstate.
20:05:34 I have been out there when they have been having
20:05:35 services.
20:05:37 But there were also issues, and I'm sure the neighbors
20:05:40 are going to fill you in on this as well, it was a
20:05:42 significant amount of parking on the side streets,
20:05:45 also.
20:05:46 And that's really -- that's the issue that we are
20:05:48 struggling to try to figure out how to alleviate.
20:05:52 We figured that we can come up with approximately 30
20:05:55 spaces, marked spaces next to the interstate.
20:05:59 But that's really along the right-of-way.
20:06:00 But we would like to have the opportunity to improve

20:06:03 that.
20:06:04 >> Does the church appear to be pretty much at
20:06:06 capacity now or is there a lot of room for growth at
20:06:09 the church at this time?
20:06:10 >>> I think pastor Sean is here.
20:06:16 Capacity.
20:06:20 >> Okay.
20:06:20 Thank you.
20:06:21 Is there anyone in the public that would like to speak
20:06:23 on item number 7?
20:06:26 Everybody that wants to speak, and we certainly don't
20:06:29 need to hear from everyone, but if you would like to
20:06:31 speak, please stand up and begin lining up on either
20:06:35 side of the chamber.
20:06:36 >> Good evening, council.
20:06:38 My name is Randy Barron.
20:06:42 I have been sworn.
20:06:43 Tim president of the Old Seminole Heights neighborhood
20:06:45 association, the neighborhood association represents
20:06:47 the area where this property is located.
20:06:50 First, I would like to submit into the record, there
20:06:53 was a petition that was faxed to council members, but

20:06:56 we had some additional signatures.
20:07:07 If we can show on the Elmo the signatories of this
20:07:10 petition.
20:07:13 This is the property that the church is located.
20:07:16 The other yellow is the property that's owned by
20:07:19 petitioner, basically TECO lot next to the interstate.
20:07:25 All the checks are people who signed the petition.
20:07:27 That would be essentially every residential owner
20:07:29 along Lambright.
20:07:35 This has been going on for three years, ever since the
20:07:38 homes were sold.
20:07:40 The properties were sold.
20:07:41 These people who live on that block have been living
20:07:45 every Sunday and every Wednesday when they had the
20:07:46 services for three years.
20:07:48 They have been cited by code.
20:07:49 I believe they are right now in noncompliance
20:07:56 It's unfortunate that a church is a lessee of this
20:08:00 property.
20:08:01 But it's not about it being a church.
20:08:02 It's not about it being a public facility.
20:08:05 It's a type of facility that has no parking

20:08:07 whatsoever.
20:08:08 I don't want to be crass about the church but the
20:08:11 church can move. The church does not own the
20:08:13 property.
20:08:13 Churches can go to another location.
20:08:15 By the way, that church, in a newspaper article I
20:08:18 read, said they had a congregation of 400.
20:08:21 I also read in the newspaper article that the capacity
20:08:24 of that facility is 275.
20:08:28 That's a newspaper article and we can all determine
20:08:30 whether or not how accurate that was.
20:08:32 However, we looked for the fire marshal's occupancy
20:08:35 sign, couldn't find one.
20:08:36 So he said 77 spots, just for the parishioners.
20:08:46 However, there are some meeting rooms in the back.
20:08:48 There's staff that has to show up.
20:08:50 So there are additional parking spaces that are
20:08:52 necessary.
20:08:52 I think there was one spot that they have, and they
20:08:55 also use the empty lot.
20:08:57 They were using the TECO lot, until TECO boarded it
20:09:01 up.

20:09:01 Of course, prior to the previous owner sell off the
20:09:04 property, they were using those empty lots as parking.
20:09:13 It was alive able situation.
20:09:14 But now it is completely unlivable.
20:09:16 The parking occurs all along the streets on the yards.
20:09:22 There are parking signs, no-parking signs there.
20:09:24 They are ignored.
20:09:26 And this is, by the way, with the parishioners using
20:09:29 already the right-of-way on 275.
20:09:31 And also filling that other lot to capacity.
20:09:38 There's just not enough parking.
20:09:39 Even if you shuttle them somewhere else, I'm not even
20:09:44 sure it's legal, there is still nothing to prevent the
20:09:47 parishioners from using all the spaces in front of the
20:09:50 houses.
20:09:52 If it's raining you are not going to want to go park
20:09:54 it somewhere down the road and then have to walk
20:09:57 through the rain.
20:09:59 Park in front of the neighbor's yards, it's going to
20:10:01 happen.
20:10:04 The staff report speaks for itself.
20:10:05 I have never seen a staff report that has so many

20:10:08 objections that were such great objections.
20:10:10 I mean, this is not one spot away or two spots away.
20:10:13 (Bell sounds).
20:10:14 Can I go on?
20:10:17 >>LINDA SAUL-SENA: Do council members have any
20:10:20 questions?
20:10:21 Not a minute, just to close.
20:10:23 >>> We did meet with petitioner.
20:10:24 We trade to resolve, there is no resolution to where
20:10:27 the parking would go.
20:10:28 You are going to hear from other neighbors.
20:10:29 They are going to show you pictures, and in the end,
20:10:33 we respectfully request that you deny the request.
20:10:37 >>LINDA SAUL-SENA: Thank you.
20:10:39 Next.
20:10:41 Give your name and address and that you have been
20:10:43 sworn.
20:10:43 >>> My name is Suzy Ford.
20:10:47 And I'm at 2403 Cayuga Street but I have church at
20:10:52 2:00 in the afternoons at 616 north street.
20:10:55 I been there almost two years.
20:11:00 And when we first was there, TECO had that lot open.

20:11:04 But the neighborhood fought and made them close the
20:11:08 lot.
20:11:09 They started putting "no parking" signs in front of
20:11:12 the street, right in front of the church.
20:11:15 But on every street there, they don't have a parking
20:11:20 sign.
20:11:21 They say you can't park there.
20:11:22 Everybody else -- every other neighborhood can park
20:11:25 all the way to the end of the corner.
20:11:27 But in front of that church, you can't park nowhere in
20:11:30 front of the church.
20:11:31 So what they did is, the neighborhood has took up
20:11:35 strangle hold and put at round our neck.
20:11:38 Because they don't want us there.
20:11:41 We can't do nothing to please or appease them.
20:11:45 We try to park along the wall because I have a smaller
20:11:48 congregation.
20:11:49 So my congregation come in in the afternoon, and for
20:11:52 them not to say we parking in their parking space.
20:11:56 We call the police instantly.
20:11:59 I mean, every 15 minutes.
20:12:01 If somebody parked near their houses.

20:12:03 We are not there to try to harm them.
20:12:06 But if everybody on every street can park in front of
20:12:11 their place, and you can't park in front of this
20:12:14 place, then something got to be wrong.
20:12:17 They put a cone on the front of the building, a cone
20:12:24 represent black people, cone represent that a long
20:12:27 time ago that you didn't want us in your neighborhood,
20:12:29 because of our color.
20:12:31 That's been happening, too.
20:12:33 That's why we had all the graffiti on the side of the
20:12:36 walls.
20:12:38 Here's the underlying thing because when we was there,
20:12:40 TECO for 40 years had that place open.
20:12:46 But since we been there for the last two years, we
20:12:48 didn't know that the first previous owner, when he
20:12:52 rented us the place, he told us it was his.
20:12:56 He owned all the property.
20:12:57 We didn't know he was selling it off.
20:13:00 So every week, we get tighter and closer and closer.
20:13:05 What can we do?
20:13:07 We tried to appease them.
20:13:09 We do not park in the parking spaces.

20:13:11 We try our best in our congregation try.
20:13:14 But they even told us that people on 275 along the
20:13:19 corridor said we can't park there either, that's
20:13:22 against the law.
20:13:22 Everything we try to do is against the law.
20:13:28 Which side is we on when we is in America?
20:13:31 I live in Tampa, Florida.
20:13:32 I'm not in 1966.
20:13:36 I thought if we go in any neighborhood, we are welcome
20:13:39 in a neighborhood if they try to harm you.
20:13:42 All I'm doing is having church, praying to a God that
20:13:46 I know, a savior that I need.
20:13:56 That's how a church is supposed to be.
20:13:57 We have a church.
20:13:59 I ain't trying to be in the neighborhood.
20:14:02 I ain't trying to be against the neighborhood.
20:14:04 But they are going to do everything in their power to
20:14:07 stop us.
20:14:08 Because FHP there's about ten parking spaces right in
20:14:11 front of the church and they don't have a no-parking
20:14:15 space sign there that we can't park there, then that's
20:14:17 wrong.

20:14:18 >>LINDA SAUL-SENA: Thank you.
20:14:29 >> There's more than one church in this four-block
20:14:31 facility?
20:14:32 >> Yes.
20:14:33 We was there before they bought the place.
20:14:35 >>JOHN DINGFELDER: Ma'am, do you have a lease to use
20:14:39 the building?
20:14:43 >>> Yes.
20:14:44 >> Is it a long-term lease or short-term lease?
20:14:47 >>> It was a two-year lease.
20:14:52 >> Has it already expired?
20:14:53 >>> No, because got a new lease with the new owner.
20:14:55 >> And how long is that good for, do you know?
20:14:59 >>> Two years.
20:15:04 >> Have you or your congregates explored other
20:15:06 locations, if this doesn't work out?
20:15:11 >>> Well, I'm a small congregation, and it was a nice
20:15:17 size -- I been looking at this building since I was a
20:15:20 child.
20:15:21 Because you park, go across Hillsborough and coming
20:15:23 down Sligh.
20:15:24 That place was always beautiful to me.

20:15:27 So when I got a chance to be there, I was grateful for
20:15:31 that.
20:15:32 So people come -- all my congregation come from out of
20:15:35 town to church.
20:15:37 They come from St. Pete, Clearwater.
20:15:38 >> So you haven't had a chance to explore other
20:15:41 buildings?
20:15:42 >>> Everything else is two, three times higher for me.
20:15:45 Being a small congregation.
20:15:46 So that's why I have church at 2:00.
20:15:51 >> What side is that congregation?
20:15:53 You say small.
20:15:54 >>> My congregation is about 45 people.
20:16:03 >>LINDA SAUL-SENA: Thank you.
20:16:03 Next.
20:16:06 >>> Jim Richards.
20:16:07 I reside at 603 east Lambright.
20:16:10 I have been sworn in.
20:16:11 Most of way was going to speak about, which was the
20:16:13 history of the neighborhood, since I have been living
20:16:16 at my address for 23 years, when I moved in, it was a
20:16:21 church, it was a small congregation, and there was

20:16:25 never any issues with parking.
20:16:27 As their congregation grew, they started purchasing
20:16:30 the lots from the individuals that were -- when I
20:16:36 moved in, there were a lot of original residents.
20:16:39 And they began to move or pass on, they purchased lots
20:16:43 and utilized them for parking.
20:16:46 They were thinking a little long-term.
20:16:47 They wanted to grow.
20:16:49 You have seen some pictures here.
20:16:50 This might better he will straight what we were
20:16:54 looking at as far as proximity.
20:17:00 You can see that the church originally purchased seven
20:17:04 lots
20:17:14 And as of this day, there are buildings on every lot
20:17:24 except for the one that the owner currently owns.
20:17:30 So there's a church, and that's all that's left for
20:17:33 their parking.
20:17:34 Of course, they do need to park on the street.
20:17:43 We are at wit's end dealing with the traffic, as may
20:17:46 be evident from speakers here.
20:17:49 It's become a very volatile issue and I find myself
20:17:54 living in an environment of hostility every Sunday or

20:17:57 whenever this much traffic comes and converges on our
20:18:01 neighborhood.
20:18:01 When I can't pull out of my street and get out,
20:18:05 because of so many cars, it becomes very personal
20:18:09 issue for me as well.
20:18:11 And I think that's about all that I need.
20:18:14 >>JOHN DINGFELDER: Where is your house on here?
20:18:19 >>> My house is actually listed -- this is a Google
20:18:23 search.
20:18:35 Mine is directly behind.
20:18:37 This alley is utilized as parking as well.
20:18:40 My garage interest is here.
20:18:42 So on Sundays, there are orphan times when I can't
20:18:47 access my garage.
20:18:48 I can't leave the garage.
20:18:50 I can't do anything in the garage unless I call TPD
20:18:53 and have him come and wait for someone to come out and
20:18:58 move the cars.
20:18:58 To me that's unacceptable, also.
20:19:02 Thank you very much.
20:19:06 >>LINDA SAUL-SENA: Thank you.
20:19:07 Next.

20:19:11 >>> My name is MARLA and I have been sworn in.
20:19:14 I am here to show pictures of the parking usual you.
20:19:24 This is 604, right next door to 610, the building.
20:19:29 And you can see that my lot is used as a playground,
20:19:33 before and after church.
20:19:36 There is my five-minute parking sign.
20:19:43 Here's another view.
20:19:46 >>KEVIN WHITE: Is that a residence or the history?
20:20:23 Is that a residence?
20:20:25 >>> Yes.
20:20:25 It's someone's parking.
20:20:27 It's someone's lot.
20:20:46 I cannot because it's being blocked.
20:20:50 There's 275.
20:21:01 And the property.
20:21:06 That's next to my property that's owned by the same
20:21:08 individual.
20:21:13 I really don't have much to say.
20:21:37 >> Do you live in that little house next --
20:21:40 >>> No.
20:21:41 Waiting to fix it but I'm having a hard time doing
20:21:43 that.

20:21:44 When I bought the place, I knew that next door, I did
20:21:47 research, I knew that next door wasn't a commercial
20:21:50 building.
20:21:51 I thought that someone was fixing it to make
20:21:54 apartments.
20:21:54 So that's why I purchased.
20:21:59 >>SHAWN HARRISON: Thank you.
20:22:00 Next.
20:22:06 >>> Roger Mosel, been sworn in.
20:22:13 In the beginning, I been there almost three years,
20:22:16 they call the cops out.
20:22:18 The cops have never written a ticket for any parking
20:22:21 violation or citation or anything.
20:22:24 All they talk about that goes in the back of the
20:22:26 church, or the commercial building, whatever you call
20:22:30 it, has now been blocked.
20:22:33 The cars in the back of it but others are not blocked.
20:22:38 That's the same area that handicapped parking.
20:22:44 So if it's not blocked, well, go down any day of the
20:22:50 week, Monday, Tuesday, Thursday, Friday, and Saturday.
20:22:54 And the same amount of cars as I did.
20:22:59 So the reason they can't pull out is because there are

20:23:01 cars in the street.
20:23:07 I come outside, and they come out and chase me out.
20:23:13 This thing has to come to a head.
20:23:20 Coons put out there, fish heads put out the night
20:23:23 before.
20:23:28 Now, is this really about parking?
20:23:30 Or is this about colored?
20:23:31 That's what I really want to know.
20:23:34 We come there for two hours on Sunday from 10:30 to
20:23:37 12:30.
20:23:38 We are gone.
20:23:39 At the latest 1:00.
20:23:41 Maybe myself, the pastor and a couple others.
20:23:45 Everybody is gone.
20:23:46 Wednesday nights we are there from 6:00 to 8:00.
20:23:50 And you don't have a full service.
20:23:51 Because it's Bible study.
20:23:53 People come to Bible study.
20:23:57 So I really don't see the issue.
20:24:02 My thing is, it's not about it's parking spaces
20:24:08 because there's plenty of parking.
20:24:14 The

20:24:19 She put a sign up.
20:24:20 We start parking there.
20:24:21 We have neighbors that park in the yard.
20:24:27 So we need that parking.
20:24:31 That's all I have to say.
20:24:37 >> Your Sunday service, approximately how many
20:24:40 parishioners do you have?
20:24:42 >> Maybe 200, 225.
20:24:45 You can come there any given Sunday and you will see
20:24:49 empty seats.
20:24:49 So if you see it hold 200 people, empty seats, it
20:24:53 takes less than 200 people.
20:24:55 >> And you don't own the building, right?
20:25:00 >> No.
20:25:01 We lease.
20:25:01 >> How long is your lease?
20:25:03 >> I'm not sure.
20:25:04 You have to talk to the pastor on that.
20:25:06 >> Have you explored other --
20:25:09 >>> Explored other options but the church is too small
20:25:11 or too large.
20:25:12 You know, there's nothing that fits.

20:25:17 It hold about 100 people or it's going to hold several
20:25:20 hundred people.
20:25:23 So that's where we stand.
20:25:25 >>JOHN DINGFELDER: Thank you, sir.
20:25:28 >>SHAWN HARRISON: Next.
20:25:33 >> My name is M. Ramirez, east 6th street.
20:25:39 I have been sworn in.
20:25:41 One of the gentlemen who was here before talking about
20:25:43 the parking garage, I thought it was a great quote so
20:25:48 I wrote it down.
20:25:48 He was talking about the parking garage.
20:25:50 He said he it was well designed, well designed,
20:25:53 thoughtful proposal.
20:25:55 The proposal that we heard from the owner of the
20:25:58 building and from their lawyer, I don't think, was
20:26:04 very well thought out and I don't think it was well
20:26:07 designed.
20:26:09 They basically want to take the lot next to my house,
20:26:11 and turn it into parking.
20:26:13 And I'm going to borrow one of the pictures we used
20:26:16 earlier to show you.
20:26:21 This is the empty lot.

20:26:25 And that lot is directing us to my house.
20:26:28 I have got a three year old son.
20:26:29 I have got another child on the way.
20:26:32 My child to be is going to have his nursery right next
20:26:36 to that parking lot.
20:26:38 And I don't want cars parking next to it.
20:26:41 They also talked about off-street parking, and no one
20:26:46 in our neighborhood thought that was a very good idea.
20:26:49 That's what they are doing now.
20:26:50 And it doesn't work.
20:26:52 They suggest contacting the elementary school and
20:26:55 parking there.
20:26:55 They suggested contacting TECO and parking there.
20:26:59 Again, great ideas.
20:27:02 But in -- in theory but in fact they just won't work.
20:27:07 I would like to say that my wife and I moved into that
20:27:11 home in September of last year with my three-year-old
20:27:13 son, and this is our first home.
20:27:16 We moved to Tampa to live in that neighborhood.
20:27:18 This is my first home.
20:27:21 And I never would have moved there if I had known I
20:27:24 was going to have these problems.

20:27:25 It's a shame.
20:27:26 And it's not just Sunday.
20:27:28 It's not just Wednesdays.
20:27:30 It's every night of the week.
20:27:35 >>SHAWN HARRISON: All right, let's be respectful.
20:27:37 >> It is every night of the week.
20:27:39 I guarantee you, you come out every night of the
20:27:41 weekend you will see cars there.
20:27:43 And that's all I have to say unless you have
20:27:44 questions.
20:27:45 >>SHAWN HARRISON: Thank you.
20:27:47 Next.
20:27:53 >>KEVIN WHITE: I wanted to clarify our attorney Martin
20:27:55 Shelby, the pictures, the photos that I was just given
20:27:58 were photos that the gentleman two speakers
20:28:01 previously, young lady, had given to us.
20:28:05 >>MARTIN SHELBY: If I could have the names of the
20:28:08 people who gave them.
20:28:09 Those photos.
20:28:11 Jim Richards.
20:28:14 And pardon me?
20:28:15 What was the other?

20:28:16 Marla Madiez.
20:28:25 Thank you. I am pastor Aubrey shines.
20:28:29 And I am the pastor to Glory to Glory ministry.
20:28:34 I have been sworn in.
20:28:35 This is indeed an issue of race.
20:28:39 It has nothing to do with parking.
20:28:41 Three and a half years ago, we took residence in the
20:28:45 facility there.
20:28:46 The TECO parking lot was open.
20:28:50 If this is an issue of too many cars in front of their
20:28:55 house, this group of neighbors never would have
20:28:59 complained about parking at TECO which in some of
20:29:04 their cases is two blocks away from them.
20:29:08 The majority of our calls, there were complaints every
20:29:14 week from the neighbors because we were there.
20:29:16 This is a 50-plus--year-old facility.
20:29:20 Never problems prior.
20:29:22 Until we showed up.
20:29:25 We had been in the newspaper.
20:29:27 We had been on TV with the racial epithets that had
20:29:32 been put on our building, as the chief adjutant stated
20:29:38 yearly, Roger Mosley, they are on a weekly basis

20:29:42 picking up dead animals, they are picking up nails.
20:29:46 Several of our members consistently have to fix tires
20:29:49 on their cars because of this.
20:29:53 If this is indeed an issue of parking, we wouldn't
20:29:55 have the racial epithets, we wouldn't have the other
20:29:59 elements that are fighting against us.
20:30:02 The young man, one of the opponents, I shared with you
20:30:08 400 plus members, if they exist I would love to have
20:30:11 them.
20:30:11 Just not familiar with them.
20:30:13 At all.
20:30:15 In fact, we have reached out to the community with no
20:30:20 success at all.
20:30:23 When they stand before you, even with the agreement
20:30:27 that we have with the schools, that is two blocks
20:30:29 away, if you listen at their language, they are
20:30:32 constantly telling you, they don't think it will work.
20:30:35 Mind you, they are not parishioners.
20:30:38 They have nothing to do with glory to glory.
20:30:41 That's their opinion.
20:30:42 We are currently looking for a facility to be able to
20:30:46 facilitate our services.

20:30:48 And we are hoping to find that yesterday.
20:30:50 It takes time.
20:30:52 I have pictures of Davis Island, South Tampa area
20:30:56 where my son attends, St. John's Episcopal.
20:31:00 They have the same problems.
20:31:01 They have parking signs out in front of their homes,
20:31:05 five-minute parking.
20:31:06 There are no parking lots in those areas.
20:31:09 But they are also, according to the associate
20:31:12 ministers that I spoke with there, they never have
20:31:16 complaints.
20:31:17 Ever.
20:31:19 Again, the real underlying issue here is, while we are
20:31:24 facilitating this facility, we are kind of tired of
20:31:27 the harassment every single week from these neighbors.
20:31:31 And one of the pictures depicted very clearly, there
20:31:37 are several other neighbors that don't share the
20:31:41 sentiment of these individuals that are representing
20:31:43 themselves this evening.
20:31:45 They allow us to park in their driveways, if we want
20:31:48 to.
20:31:48 We have not taken them up on it because the street is

20:31:51 proper for us.
20:31:52 And if indeed, they would have brought all the
20:31:56 pictures as they did on the prior meeting that we had
20:31:59 here, would you see that emergency medical vehicles
20:32:02 are able to get through the streets.
20:32:04 So there's room that's there.
20:32:07 Thank you for your time.
20:32:07 (Bell sounds).
20:32:08 If there are any questions.
20:32:11 >>JOHN DINGFELDER: Yes.
20:32:12 Are you part of the 10:45 service?
20:32:16 >> That's correct.
20:32:17 >> And you indicated the fact that you are exploring
20:32:19 some other options in terms of other buildings?
20:32:22 >>> That's correct.
20:32:24 >> Can you elaborate on that?
20:32:26 Have you got some leads?
20:32:28 >>> Well, you know, we continue to knock and seek
20:32:31 facilities, even land to purchase that we can build a
20:32:34 proper facility is.
20:32:35 But it takes time to do that.
20:32:38 >> And you regularly have about 200 folks?

20:32:41 >>> Yeah.
20:32:41 And there are several seats that are usually empty as
20:32:44 well.
20:32:45 But we never exceed 100-plus parking -- or cars in the
20:32:50 area.
20:32:50 We don't have that type of number.
20:32:53 That's there.
20:32:55 >>SHAWN HARRISON: Sir, I'm confused.
20:32:57 Are there multiple churches that are using this same
20:32:59 building?
20:33:00 >>> There's only one other church that is using the
20:33:02 facility outside of us.
20:33:04 That church, I believe, comes in at about 3:00 in the
20:33:08 afternoon, a very small congregation.
20:33:13 >> Same building?
20:33:14 >>> That's correct.
20:33:15 The same building.
20:33:16 >> Is that only on Sunday?
20:33:17 >>> I believe that they are there also on Sunday and
20:33:19 Tuesday.
20:33:20 We are only there in church service on Sunday and
20:33:25 Wednesday.

20:33:27 Not the every day of the week that was stated to you.
20:33:30 >> Is the building being used by other non-profit
20:33:34 entities, or other organizations on those off nights
20:33:38 that you or the other church --
20:33:40 >>> No, the only individuals that are using the church
20:33:42 is my congregation and the congregation that comes in
20:33:45 after us.
20:33:45 >>SHAWN HARRISON: Thank you, sir.
20:33:52 Next.
20:33:55 >>> My name is Susan long, 9271 east broad street.
20:33:59 I have been sworn in.
20:34:00 I'm chair of the code enforcement committee for
20:34:02 Seminole Heights.
20:34:03 And in November '03 I received my first call regarding
20:34:07 this particular issue.
20:34:09 One of the neighbors contacted me and said that they
20:34:11 were having a real problem with the parking, and would
20:34:14 we -- please come over and meet with them so we can
20:34:21 come up with some solution, or help them to come up
20:34:23 with some solution.
20:34:24 We met with them.
20:34:26 At that time we didn't have a solution.

20:34:29 Since then, I received numerous e-mails and phone
20:34:32 calls regarding this same thing.
20:34:34 I have been asked on numerous occasions to contact TPD
20:34:38 regarding the parking issue over there. So I
20:34:40 contacted TPD the other day and asked them to send me
20:34:42 a listing of how many times they have been over there,
20:34:47 calls for service at the 610 east north street.
20:34:50 The results I received are ten special assignments
20:34:54 initiated by TPD to monitor parking and traffic
20:34:56 concerns, eight parking violation calls, two
20:35:00 disturbance calls, one of them abandoned vehicle call,
20:35:03 and these are in the previous three years.
20:35:08 When it's spread over three years it doesn't sound
20:35:10 like a lot.
20:35:11 But if you look at the part of Seminole Heights that I
20:35:14 live in, we haven't had a special assignment in our
20:35:17 neighborhood in the ten years, maybe one in the ten
20:35:20 years I have lived there.
20:35:21 And this is all related to the parking issue.
20:35:23 This is the kind of problems to the neighbors, it's
20:35:26 become a problem for the neighborhood association,
20:35:27 because they have turned to us for help.

20:35:29 And it has now become a problem for TPD as well.
20:35:32 And we would like to request that you turn down this
20:35:36 PD request.
20:35:37 Thank you.
20:35:37 >>SHAWN HARRISON: Thank you.
20:35:39 Next.
20:35:41 Someone?
20:35:41 Is there anybody else that wants to speak?
20:35:45 We don't -- okay.
20:35:54 >>> Christy house.
20:35:55 I live at 1011 east broad street and I have been
20:35:58 sworn.
20:36:00 As you have heard, this has become a very volatile
20:36:04 situation.
20:36:06 >> Where is your home in relationship to the church?
20:36:08 >> I'm on the neighborhood association board.
20:36:12 We have heard complaints of the board member for this
20:36:14 in 2003.
20:36:16 And it's unfortunate that a church is being displaced
20:36:22 because of the situation.
20:36:24 But the situation is, according to -- and I'd like to
20:36:28 enter this into the record -- this is a paper, the

20:36:34 St. Pete Times, March 15th, 2005.
20:36:38 At that time the alley cat players were also using
20:36:43 this facility.
20:36:45 And according to this newspaper report, the center
20:36:48 seats 275 in the main sanctuary.
20:36:53 Also, here's another newspaper article, looks like
20:36:59 it's from the Tribune, May 8th, 2006, where it
20:37:02 does say that glory to glory organization of 400 use
20:37:09 this facility for three years.
20:37:11 While that number may be somewhat inflated, obviously
20:37:15 the sent Kerr seat 275 people, and because these lots
20:37:26 are so bad that they were purchased by people who use
20:37:30 the building not just church goers but alley cat
20:37:33 singers, a recording studio, it's been a nursery, it's
20:37:36 been a lot of different things in its life.
20:37:39 But until somebody started parking this number of cars
20:37:43 in this neighborhood, that's when it became an issue.
20:37:47 As you know, we also came before the city when people
20:37:58 were allowed to park all over the neighborhood in
20:37:59 Seminole Heights and this frankly is the same
20:38:01 situation.
20:38:02 Thank you.

20:38:04 >>SHAWN HARRISON: Thank you.
20:38:04 >>MARTIN SHELBY: Mr. Chairman, you said you wanted
20:38:07 that entered into the record.
20:38:08 Did you want to just verbally, or did you want to
20:38:11 submit it?
20:38:12 >>> I'll submit it.
20:38:13 >>MARTIN SHELBY: Thank you.
20:38:17 >>SHAWN HARRISON: Yes?
20:38:20 >>> Bill dew value, 5408 branch Avenue.
20:38:25 I have not been sworn.
20:38:27 I was in the Mascotte room when they were sworn.
20:38:34 I apologize.
20:38:36 >>SHAWN HARRISON: Is there anybody else that has not
20:38:38 yet been sworn in?
20:38:39 (Oath administered by Clerk).
20:38:41 >>> I do.
20:38:42 Quite frankly, I wasn't going to speak.
20:38:44 I felt the facts supported itself.
20:38:48 I'm motivated by something I heard, and this may not
20:38:51 be appropriate, but when I heard the pastor say what
20:38:56 he said up here, it deeply bothered me for a number of
20:39:02 reasons.

20:39:04 I have been in Seminole Heights for 18 years.
20:39:08 I have held various positions.
20:39:09 The board always takes the position of the surrounding
20:39:14 neighbors.
20:39:17 If the neighbors in this case had presented a racial
20:39:21 issue, we wouldn't have touched that with a ten-foot
20:39:29 pole.
20:39:29 I'm very emotional.
20:39:32 I'm a God fearing man.
20:39:34 I go to church every Sunday and I try to do the right
20:39:36 thing.
20:39:36 But I heard things that you're not attacking my
20:39:40 character -- now attacking my character.
20:39:42 You're telling me that things have gone on, Mr.
20:39:46 Dingfelder, not substantial -- excuse me, not here
20:39:50 say, but clear and substantial evidence, have not
20:39:56 participated in that.
20:39:58 It is truly parking.
20:40:02 Several owners back was a landlord with a church
20:40:07 congregation, as a tenant.
20:40:10 I believe there were people of color.
20:40:13 Nothing was said.

20:40:17 When he began selling these lots off, and reducing the
20:40:21 ability to park, it became a parking issue, and it
20:40:26 remains a parking issue.
20:40:28 And I would stand up against anyone who would say
20:40:32 something differently.
20:40:33 Thank you.
20:40:33 I'm sorry.
20:40:36 >>SHAWN HARRISON: Next.
20:40:43 >>> Gina Bagley.
20:40:45 >>MARTIN SHELBY: have you been sworn?
20:40:49 >>: Yes, she just stood up.
20:40:51 >>> To my knowledge the parking usual you in reference
20:40:53 to glory to glory ministry became an issue in February
20:40:57 2005.
20:40:58 And I may be the reason why, because one morning, as I
20:41:03 parked my vehicle to go to church, one of these
20:41:05 citizens in that area ran to my vehicle and told me I
20:41:09 could not park in front of her home.
20:41:11 I was not blocking her mailbox.
20:41:13 Neither was I blocking her driveway.
20:41:15 I refused to move my vehicle.
20:41:17 She called TPD.

20:41:18 TPD, I don't know whether they said anything in
20:41:23 reference to it, to that issue at that point in time
20:41:25 because they did not confront me.
20:41:27 But she did confront my pastor about it.
20:41:30 I contacted department of transportation today, and I
20:41:33 was informed that in order for the section of the city
20:41:36 code, 15-43, to be enforced, one must have a sign
20:41:44 permit designed to code through transportation.
20:41:47 The sign cannot be posted on the city adjacent
20:41:52 right-of-way.
20:41:52 The code is enforced by TPD.
20:41:55 Only when a sign is posted.
20:41:58 If you all will get in your vehicles right now and
20:42:01 drive on east north street, you will notice that there
20:42:03 is no signs with the section of the city code 15-43
20:42:09 posted, and in the particular neighborhood yard except
20:42:14 for three signs.
20:42:17 509 east north street, the sign is on the city
20:42:20 adjacent right-of-way.
20:42:22 603 east north street, the sign is posted on the city
20:42:25 adjacent right-of-way.
20:42:27 On vacant lot there is a sign posted.

20:42:30 And I don't understand how can a person with a vacant
20:42:33 lot request that a vehicle cannot be parked in front
20:42:36 of it.
20:42:38 I don't understand it.
20:42:39 Kevin White, you are my councilman.
20:42:41 I'm asking that you take in consideration the issues
20:42:44 here today and vote in favor of glory to glory
20:42:49 ministry as well as the other ministries that you have
20:42:51 been, and keep in mind that TPD should be accountable
20:42:56 for coming out, wasting taxpayers money, enforcing
20:43:00 codes that is not even a part of the issue, because
20:43:05 like I stated there's only three signs on three
20:43:08 properties, and two of those signs is illegal on the
20:43:11 city adjacent right-of-way.
20:43:12 And I appreciate each and every one of your time.
20:43:15 And I hope you remember the issues here and vote in
20:43:19 favor of glory to glory ministry.
20:43:22 >>SHAWN HARRISON: Thank you, ma'am.
20:43:23 Next.
20:43:29 >> My name is RIVO and I am a member of glory to glory
20:43:34 ministry.
20:43:35 I have been attending my church for four years.

20:43:40 In four years that I have been there, and going to
20:43:44 church there weren't that many members.
20:43:45 But by the grace of God we have grown.
20:43:47 Yes, we have grown.
20:43:49 And it's not like we are building of a disk could tech
20:44:02 or something.
20:44:03 We are a place of -- discotheque.
20:44:06 We are a place of worship.
20:44:07 I don't understand why the gentleman is saying that we
20:44:10 park around the corner, which is not true.
20:44:14 We are instructed not to park in front of the signs
20:44:17 that say "do not park" and we park where we are
20:44:20 instructed to.
20:44:21 We have to walk sometimes to go to worship two blocks
20:44:24 away from our church, which we do.
20:44:27 And it's not right.
20:44:35 We do pray for the neighbors in our neighborhood.
20:44:38 And we are just hoping you consider our situation.
20:44:46 We are there by the grace of God and we are there to
20:44:48 do good work.
20:44:49 Thank you.
20:44:50 >>SHAWN HARRISON: Thank you.

20:44:51 Next.
20:44:56 >>> My name is Lora Corbin, I live three houses down
20:45:00 from the church.
20:45:02 Alley cat center as was mentioned a little bit ago,
20:45:06 and that is a theater troupe that used the same
20:45:11 building, and we had a meeting with them.
20:45:14 And, you know, I wasn't going to say anything at this
20:45:18 but I feel like my character has been attacked, and
20:45:22 I'm insulted.
20:45:23 So I am going to speak to the alley cat players who
20:45:27 were told that they were not welcome organization
20:45:31 because we were concerned about parking.
20:45:40 We heard the same thing that's being discussed here
20:45:42 that we did not want to deal with the parking issue.
20:45:45 I'm surprised that nobody talked about that more,
20:45:48 because I think it's a significant meeting.
20:45:51 That took place.
20:45:54 I never had a problem with anybody from the church.
20:45:57 They parked in front of my house.
20:45:59 I have never asked them to leave.
20:46:00 I have never called the cops.
20:46:02 I have never had a confrontation.

20:46:03 They have never been anything but gracious and polite
20:46:06 to me when I have had a chance encounter.
20:46:10 So I have no problem with this personally.
20:46:13 That is separate from the fact that I don't want a
20:46:17 church at the end of the street, and I don't want to
20:46:21 deal with the parking.
20:46:22 So I want anybody that wants to worship, I want them
20:46:27 to be able to worship.
20:46:28 And I appreciate the fact that they are struggling
20:46:32 with that.
20:46:33 And I hope that they can appreciate that we are
20:46:35 struggling with congested streets.
20:46:40 That's the issue.
20:46:41 And I hope that we can stay focused on that issue and
20:46:46 not start name calling, which is what's happening.
20:46:51 Thank you.
20:46:52 >>MARTIN SHELBY: For the record were you sworn in?
20:46:56 >>> Yes.
20:46:57 >>MARTIN SHELBY: And when you state your name, I put a
20:46:59 little sign top remind you to state that you have been
20:47:02 sworn.
20:47:02 Thank you.

20:47:03 >>> Thank you.
20:47:03 >>SHAWN HARRISON: Thank you.
20:47:04 Next.
20:47:07 >>> My name is Gary NYETT, 506 east Lambright street.
20:47:12 I was not going to say anything at this meeting this
20:47:14 evening but it seems like it's being turned into a
20:47:17 racial issue here.
20:47:18 I love my God as well as anybody in this building.
20:47:23 And it is not a racial issue.
20:47:26 It is simply parking.
20:47:28 I believe there were references made to "our
20:47:31 neighborhood" writing graffiti on the side of their
20:47:34 building.
20:47:34 Well, we also have another neighbor that runs along
20:47:38 also, the next house over, and it was actually gang
20:47:42 writings that were defacing the building, the church
20:47:44 building, or the building.
20:47:46 And my neighbor that lives on the other end, there was
20:47:49 also a nice little slang that was also written on that
20:47:53 said blank sucker.
20:47:56 I think you can fill the blank in.
20:47:57 And it was a gang writing.

20:48:00 I would think if it was a racial issue problem in that
20:48:02 neighborhood that there would have been stated in what
20:48:06 they put on buildings some type of derogatory terms.
20:48:10 You know, relating to that building.
20:48:12 You know, it really irritated me if they are trying to
20:48:15 turn this into a racial thing.
20:48:16 It has nothing to do with racial.
20:48:18 It's simply a parking issue.
20:48:21 Thank you.
20:48:24 >>MARTIN SHELBY: You were sworn?
20:48:26 >>> Yes.
20:48:26 >>MARTIN SHELBY: Thank you.
20:48:29 >>SHAWN HARRISON: Next.
20:48:32 >>> Jerry north on.
20:48:35 I have been sworn -- Norton.
20:48:37 I have been sworn in.
20:48:38 On the issue of graffiti on the wall, we were
20:48:41 instructed by our pastor and the adjutant to call the
20:48:44 police.
20:48:46 Not gang related because police told me verbatim on
20:48:49 the phone they would not come out Tew to the
20:48:51 description that I had stated that it was all kind of

20:48:57 different disrespectful remarks toward Christ.
20:49:00 The police would not show up.
20:49:02 The only time that the police did show up is when the
20:49:04 media did come out.
20:49:05 And when I was given the case number, the case number
20:49:09 was wrong.
20:49:14 Also, we come out there as scheduled to make sure that
20:49:21 everything is accommodated in the area.
20:49:24 The men do make sure that there are no others coming
20:49:29 in and parking in front of anyone's houses.
20:49:32 We were not instructed to do that.
20:49:34 As far as the incident that was talked about, parking
20:49:37 in front of their house every single night, that was
20:49:40 just ablate ant lie, because we are not there.
20:49:42 I don't know who else comes out there.
20:49:44 But just to let you know that this is a place of
20:49:46 worship that we come twice a week, on Sundays and
20:49:49 Wednesdays, and not cause any trouble.
20:49:51 We don't play loud music or anything like. That but
20:49:55 we come out as a time to worship and praise our Lord.
20:49:59 The only issue that I do see is that there has to be a
20:50:05 racial issue based on the fact that until we started

20:50:12 growing increasing, that's when the problem began to
20:50:15 start.
20:50:15 I want you to know I do hope you side with us on this
20:50:20 issue, that we are going through it.
20:50:22 It could be a lot worse than what it is right now.
20:50:25 I want to thank you for that.
20:50:28 >>SHAWN HARRISON: Thank you, sir.
20:50:29 Next.
20:50:30 Is there anyone else who hasn't spoken yet that would
20:50:33 like to speak on the issue? If not, petitioner will
20:50:36 have some time for rebuttal.
20:50:41 >>> Thank you very much.
20:50:41 Again my name is Robert Williams.
20:50:44 Fowler White BOGGS banker.
20:50:48 I started at the beginning of our presentation it was
20:50:50 a very difficult case and quite frankly, I want to
20:50:52 tell you I have come here today, and all week long
20:50:56 with a very heavy heart understanding the issues that
20:50:59 would most likely come up during the public hearing.
20:51:02 We have confined -- the applicant confined their
20:51:07 discussion towards the parking issue.
20:51:09 There is a parking issue in this neighborhood.

20:51:11 And does that generate and cause it to be a catalyst
20:51:15 for other things to occur and other perceptions and
20:51:19 other feelings to occur?
20:51:20 I would suggest that's very highly likely.
20:51:23 And almost a certainty, that at least is a catalyst to
20:51:27 other things that occur, whether it is a perception,
20:51:29 or it is true.
20:51:31 But it seems to me the cause of all of this is the
20:51:34 parking situation.
20:51:37 It is very difficult.
20:51:38 And I'll tell you, you know, other folks have been
20:51:41 dealing with this for a lot longer than I have.
20:51:44 I first learned about this situation, I think on May
20:51:48 9th, a couple days before I requested this first
20:51:50 continuance.
20:51:51 In the last 60-plus days, I have racked my brain for
20:51:56 other proposals, other thoughts, to think, and to
20:51:59 think outside the box and come up with a solution to
20:52:01 present to you that would make sense.
20:52:04 And the other folks that have been dealing in this for
20:52:06 years haven't come up with anything different than
20:52:08 what I have been able to come up with.

20:52:11 But that is in fact the case.
20:52:13 What we have before us, and only three solutions that
20:52:16 I think -- and are components of the solution, that
20:52:19 will allow us the opportunity to get a lease with the
20:52:22 school board, to shuttle folks back and forth to
20:52:24 alleviate that off-street parking, and we are open to
20:52:28 conditions of approval.
20:52:29 We absolutely are.
20:52:30 And as far as the staff's objections and the other
20:52:32 notes on the site plan, those are agreeable.
20:52:37 We understand those things.
20:52:38 As far as the Planning Commission's objection, again
20:52:41 it's the root of the traffic concerns and the ability
20:52:45 to park near or at the place of worship.
20:52:47 And so those are all the same root.
20:52:51 All of these things stem from the same item.
20:52:54 We are very open to those suggestions and those
20:52:59 conditions.
20:52:59 I would like to point out, it's not just this
20:53:03 particular church that has these particular issues.
20:53:06 There are other churches.
20:53:07 And this is in front of a church on Davis Island.

20:53:11 This is a church on St. John's church, Episcopal
20:53:15 church, I believe.
20:53:17 And another -- the Davis Island issue.
20:53:24 And the same systemic problem, I would suggest, that
20:53:27 most older facilities and older places of worship in
20:53:30 this city have.
20:53:42 Forty years ago not nearly as many of us were driving
20:53:45 cars as citizens do today.
20:53:46 So we have that proliferation that's an issue.
20:53:49 We figure that we can fit approximately 30 cars, 30
20:53:53 parking spaces along 275, if you will allow us the
20:53:58 opportunity to improve that so it can be something we
20:54:00 can all be proud of and use.
20:54:03 There's an initial 10, 12 spaces, 10 when you take out
20:54:06 the trees in the lot for the church property has
20:54:10 always owned across the street, in the other vacant
20:54:13 lot.
20:54:14 And any overflow to go to the school and allow to us
20:54:18 shuttle back and forth.
20:54:20 It is a significant waiver.
20:54:21 I wouldn't kid myself by telling you that it wasn't.
20:54:24 However, what we're talking about here are folks that

20:54:26 would like to worship.
20:54:27 And would like to use this building for its intended
20:54:33 purposes and its intended purpose for years and years.
20:54:35 To that extent, that's the real issue hear.
20:54:38 We are asking, and we are open, if a full waiver is
20:54:43 not granted and if a partial waiver, and we have to
20:54:45 deal with reducing the capacity by seating
20:54:51 requirements inside the facility, my client is open to
20:54:54 that.
20:54:54 It would be a loss, I believe, to the parishioners and
20:54:57 the folks that use the place of worship.
20:55:01 But that is what we are asking for.
20:55:04 It's to allow them to use this as a church, subject to
20:55:08 the conditions that you deem fit, to make it
20:55:11 compatible with the neighborhood.
20:55:12 Is it going to solve all the other issues that we
20:55:15 have?
20:55:15 No.
20:55:16 I can't state for certain that it has.
20:55:19 However, this is a place of worship.
20:55:21 It has always been a place of worship and we would
20:55:26 like to continue using it in that fashion.

20:55:27 I'm open to any questions.
20:55:30 >>SHAWN HARRISON: I think we do have some questions.
20:55:31 Mr. Dingfelder, your hand was up first.
20:55:33 Do you want to go first?
20:55:35 >>JOHN DINGFELDER: Mr. Williams, I apologize.
20:55:38 I missed the beginning of this entire presentation.
20:55:41 So I got a little confused.
20:55:43 But you are representing the owner of the property?
20:55:45 >>> Yes, sir.
20:55:46 >> According to staff report it says she purchased in
20:55:49 the July 2005?
20:55:52 >>> Yes, sir.
20:55:56 >> At that point in time -- is she here tonight?
20:56:00 >>> Yes.
20:56:01 >> At that point in time, ma'am, what did you think
20:56:05 you were purchasing?
20:56:07 I mean in terms of --
20:56:09 >>> Petitioner: I know I was buying the church.
20:56:12 The church was in default, foreclosure.
20:56:15 And I liked the building.
20:56:17 I'm an investor.
20:56:19 I thought that would be good investment.

20:56:22 But I didn't have time to investigate details, because
20:56:27 I had to stop the foreclosure the same day.
20:56:29 Same day purchase.
20:56:32 >> You didn't get a chance to come down and talk to
20:56:34 the city, talk to city staff, find out the zoning
20:56:36 problems?
20:56:37 >>> Unfortunately.
20:56:39 >>> Councilman Dingfelder, she didn't have an
20:56:41 opportunity to talk to me.
20:56:42 I certainly wish that she had.
20:56:43 Because those are the things that we would have
20:56:45 investigated for her.
20:56:48 >> Let me ask a couple other questions.
20:56:50 So far tonight, we have heard about two churches that
20:56:53 are using the church on Sundays, and Tuesday and
20:56:56 Wednesday nights.
20:56:58 What other tenants do you have in that building right
20:57:00 now?
20:57:04 >>> That's it.
20:57:05 >> Not the acting troupe?
20:57:06 >>> No.
20:57:07 I don't have anybody else.

20:57:08 >> They are gone now, the acting group?
20:57:10 >>> Right.
20:57:15 >> How about the lots that were sold off?
20:57:26 They were sold off before you were involved?
20:57:28 >>> Correct.
20:57:28 I just bought the building, I thought I could work
20:57:34 something out with TECO.
20:57:38 And TECO because of all these complaints from the
20:57:41 neighborhood, all the way around, I was trying to buy
20:57:45 next door.
20:57:46 Lots.
20:57:48 And it was for sale then.
20:57:52 I offered to pay -- the lady bought it.
20:57:59 They sold it for cash.
20:58:02 Because I was going to include that lot, also.
20:58:05 In the church.
20:58:06 And then I was totally -- I saw across the street for
20:58:16 parking, extra parking space.
20:58:17 I tried to work the parking issue the day I bought,
20:58:21 when I realized the issues going on.
20:58:25 I tried to make everybody happy.
20:58:29 But it is getting harder and harder.

20:58:34 If I had known this problem, believe me, I wouldn't
20:58:36 involve.
20:58:37 But now I am already.
20:58:40 I tried.
20:58:45 >>SHAWN HARRISON: Mrs. Saul-Sena?
20:58:46 >>LINDA SAUL-SENA: I have a question for staff.
20:58:48 And that is, the suggestion made by Mr. Williams that
20:58:52 perhaps parking spaces be created next to the
20:58:56 interstate.
20:58:57 Is that doable?
20:59:00 >>HEATHER LAMBOY: Actually, I would like her to come
20:59:03 in and respond to that but I would like council to
20:59:05 keep in mind that there is city right-of-way, and then
20:59:07 there is interstate right-of-way.
20:59:11 Which is department of transportation.
20:59:12 I think it's going to be very problematic.
20:59:20 Plus they would have to obtain a right-of-way permit.
20:59:24 >> My question, Ms. Calloway, one of the suggestions
20:59:26 made by this petitioner is that they create some
20:59:29 parking spaces adjacent to the interstate.
20:59:32 My question for you is, is that doable?
20:59:36 >>> Melanie Calloway, transportation, I have been

20:59:38 sworn.
20:59:45 When I looked at the aerial of the properties it was
20:59:47 hard for me to tell what actual interstate property
20:59:49 was and where our right-of-way was.
20:59:51 It looks like it's public right-of-way, but city
20:59:57 right-of-way when I looked at it, they would have to
20:59:59 obtain a city right-of-way permit.
21:00:01 That's really not what I approved.
21:00:04 However, my manager would have that authority to
21:00:07 approve parking spaces there, the design of things, if
21:00:13 we did put parking spaces they would be parallel
21:00:16 parking spaces.
21:00:18 They are 24 feet long.
21:00:19 Not really sure.
21:00:20 It's a 100-foot lot.
21:00:25 Only putting four spaces there. But then you have 30
21:00:27 feet from the intersection.
21:00:29 You are only squeezing three.
21:00:30 So is it really wise to put them in that
21:00:33 configuration?
21:00:34 Could you always try to ask what F we could put angled
21:00:39 ones.

21:00:40 Of course that would be a site plan change.
21:00:43 We would have to have them draw it up, see what they
21:00:45 want to do and look at it and come back here.
21:00:48 >>SHAWN HARRISON: Any other questions for staff?
21:00:51 >>JOHN DINGFELDER: One other.
21:00:55 Is there an active code enforcement case?
21:00:59 >>> Yes.
21:00:59 >> And the rezoning has told that enforcement case in
21:01:05 the meantime, procedurally?
21:01:06 >>> That's correct.
21:01:07 As I understand it, code board had levied the fine
21:01:11 already.
21:01:16 >> So it --
21:01:20 >>> At first, yes.
21:01:21 But then they had to put another hearing.
21:01:25 It's my understanding that code levied a fine.
21:01:28 If I might clear up an issue regarding purchase of
21:01:31 properties. I did some research.
21:01:33 Just to understand, the sort of sequence of things.
21:01:37 It's not in my staff report but most of the lots that
21:01:41 were further down the street were sold in May -- by
21:01:45 May of 2005.

21:01:46 This church was -- the church property was purchased
21:01:50 July 19th, 2005.
21:01:52 The property across the street, which is a parking
21:01:55 lot, which was purchased in August of 2005.
21:01:58 So the church was the last thing to go of those
21:02:04 holdings.
21:02:05 Everything else has been sold off.
21:02:06 And what's classified as a single-family residential
21:02:11 lot.
21:02:13 >>JOHN DINGFELDER: Move to close the public hearing.
21:02:15 >> Second.
21:02:15 (Motion carried)
21:02:22 >>KEVIN WHITE: This one is particularly a quandary.
21:02:28 We have a church that we try -- I think this council
21:02:33 as a body always tries to be amenable to help
21:02:41 organizations.
21:02:42 I want to respond to a couple comments that were made.
21:02:45 I'm sorry, I don't know your name, ma'am.
21:02:47 Not you, the lady right behind you.
21:02:50 You made the comment that Mr. White, you're my
21:02:53 councilman.
21:02:53 Yes, ma'am, I am.

21:02:54 But not only am I your councilman, I'm everybody's
21:02:57 councilman that lives notary public that neighborhood,
21:02:59 in the Seminole Heights district.
21:03:00 I represent -- not only that, I think we have these
21:03:05 concepts of you're my representative.
21:03:09 But we as a body even though we are elected as single
21:03:11 member district and three of us are at large it's so
21:03:14 important we vote on everybody's issue and no vote is
21:03:17 any more important or any less important because they
21:03:19 are always the same.
21:03:20 I think our job as a council representative is to
21:03:26 weigh the best legal decision that we can that
21:03:30 represents the best interest of the entire city.
21:03:34 I also want to address the issue of race.
21:03:41 Some of the things that some of the people that spoke
21:03:45 that said that happened, some of the things that were
21:03:51 left at the church, deeply disturb me as well.
21:03:58 But I am a member, and I live in Seminole Heights, and
21:04:03 I have been there now since 2003.
21:04:05 And I don't think it's because I'm a councilman.
21:04:13 I have been nothing but embraced by my neighbors and
21:04:15 my neighborhood.

21:04:17 I have never had any racial epithets in my yard, in my
21:04:23 neighborhood.
21:04:25 To my knowledge I have never been called anything.
21:04:29 As I look at some of the pictures, even though there
21:04:32 were some racial slurs on them, they were directed at
21:04:41 Jews.
21:04:42 I don't know if there were others that I didn't see
21:04:44 that you all saw.
21:04:46 Pictures that were reflected here.
21:04:50 I could be wrong but I don't believe the great
21:04:52 majority of the congregations that attend that church
21:04:55 are Jewish.
21:05:00 But it's clear that this parking issue is a problem
21:05:05 for the neighborhood.
21:05:08 One thing that somebody said that TPD has been called
21:05:11 back several times, that to their knowledge TPD has
21:05:15 never written a citation.
21:05:17 I think that's to be commended on TPD's part because I
21:05:19 think TPD is taking into consideration, we are going
21:05:23 out here and we are responding to the neighbor's cry
21:05:27 but by the same token we are to be fair and respectful
21:05:31 to those who are attending their worship service, and

21:05:34 we are going to be as cordial as we can and not issue
21:05:38 citations and try to work with the church and
21:05:40 organizations to try and say, hey, there is a problem,
21:05:42 the neighbors are complaining, you need to do
21:05:44 something about this.
21:05:51 Somebody made a statement from the church there's not
21:05:55 a problem.
21:05:56 I'm looking at this particular photo as well as this
21:05:58 particular photo.
21:06:00 Cars are parked all in the right-of-way, which TPD
21:06:03 could actually ticket and tow each one of those and I
21:06:08 don't see any other way other than parallel parking
21:06:10 that you could park against the fence line at and
21:06:14 along the interstate.
21:06:16 And I know that's D.O.T.'s property.
21:06:18 And I know that is not permissible.
21:06:22 I'll sum this up.
21:06:24 But the most compelling part of this, of my decision
21:06:30 on this, is our staff report.
21:06:34 And this is what we as legislators have to go by.
21:06:37 I want to do so much that I can for the church.
21:06:41 I want to do so much that I can to help relieve the

21:06:45 neighbors and the neighborhood with their issues.
21:06:46 But this is what we have to deal with, the legal facts
21:06:50 of this body.
21:06:51 And at certain times, yes, we can grant waivers to
21:06:56 certain things but I have never, ever seen a staff
21:07:00 report with this many objections on it.
21:07:04 And with the magnitude of the objections that we are
21:07:09 looking for to be waived on as we have on this
21:07:11 particular petition.
21:07:14 I wish, and I hope there is something that the church
21:07:16 could do in a timely fashion as far as finding
21:07:20 reasonable, adequate space to rent, maybe somewhere
21:07:24 else, or to find some other reasonable magnitude to
21:07:30 find arrangements for parking.
21:07:32 I don't think the school two blocks away, or a block
21:07:35 away, is going to be feasible for this neighborhood,
21:07:38 nor the parish.
21:07:43 If you only have 200 now, and you still have room to
21:07:47 grow, and traffic for the parking situation is of this
21:07:54 magnitude, I don't think the church could stand ten
21:07:56 more cars.
21:07:56 And some of the neighbors who have accommodated to

21:07:59 park, or have allowed them the accommodations to park
21:08:05 in their yard, this one specifically, Diana, whoever
21:08:13 that resident is that lives there, they are to be
21:08:15 commended because evidently they are letting the
21:08:17 parishioners know as well.
21:08:19 This is the type of embracement that the Seminole
21:08:24 Heights residents really embrace.
21:08:31 People in every city, every town, every organization,
21:08:36 throughout this country, and to single out the
21:08:38 residents of Seminole Heights to say that "they are"
21:08:42 doing one particular thing or another, I don't think
21:08:46 that's relevant because people come out of town and do
21:08:49 stupid things to people.
21:08:53 I'm in support of denying the petition based on the
21:08:57 legal opinions that we have here and the amount of
21:09:00 objections, and some of the other bases, supporting
21:09:08 documents that we have from our staff reports.
21:09:11 And my apologies to the church.
21:09:15 I wish you well.
21:09:17 I wish we could work out these issues.
21:09:19 And my apologies to the neighborhood for having to
21:09:22 deal with this type of situation on an ongoing basis.

21:09:28 And I wish there was some other resolve that could
21:09:31 make everybody happy.
21:09:33 And the unfortunate part of our job is, I don't think
21:09:36 any decision that we ever make will totally make
21:09:39 everybody happy at any given time.
21:09:42 But that's the unfortunate part of what we are elected
21:09:45 for is to make the hard decisions sometimes.
21:09:51 That's a motion.
21:09:52 >>SHAWN HARRISON: A motion for denial.
21:09:53 Second?
21:09:54 Discussion on the motion.
21:09:55 Ms. Ferlita?
21:09:56 >>ROSE FERLITA: I think Kevin has summed this up for a
21:09:59 lot of us and some other things that some of us think
21:10:02 and sometimes we don't verbalize appropriately, I
21:10:05 think has been done.
21:10:07 The pastor that came up and talked about this, he
21:10:09 talked about it being grace versus parking and I think
21:10:15 Mr. White was very correct, it was parking versus
21:10:17 grace.
21:10:18 Another gentleman I don't know his name came up in the
21:10:20 red shirt and said, this is a problem, we never had

21:10:22 this problem, this problem started when we were
21:10:24 growing, and we were increasing.
21:10:28 I this I this council has been very, very, very
21:10:29 understanding, and very cooperative with churches
21:10:33 particularly, because we certainly don't want to get
21:10:36 in the way, unless we have to, of people adoring that
21:10:41 you are Lord in any way they want and through any
21:10:44 denomination that they want.
21:10:46 Ms. Bagley, you talked about Kevin being your council
21:10:49 member.
21:10:50 You and I have had many conversations in my store, in
21:10:54 a store that is probably 50% white in terms of clients
21:10:58 and patients, and 50% African-American.
21:11:01 And I think you know that because you have seen that
21:11:03 when we have visited.
21:11:05 In addition to that, part of what directs my comments
21:11:08 to you was if I remembered correctly, you are a code
21:11:13 enforcement inspector and a heck of a good one, and
21:11:16 you know what was correct and what wasn't and what was
21:11:19 in violation and what was not.
21:11:20 And those issues were not black and they were not
21:11:22 white.

21:11:23 And when Kevin references the inappropriate illegal
21:11:28 parking hear, the illegal and inappropriate parking
21:11:31 here, that's not about a neighborhood versus a church
21:11:33 or a church versus a neighborhood.
21:11:35 I happen to tell you that I have been practicing in
21:11:37 that neighborhood for 20 years, and my store and 17
21:11:41 down the street, people like Mr. Duval and Mr. Barron
21:11:47 I have worked with them.
21:11:49 And if there are people that work with the rights of
21:11:51 any minority, any majority, that's Mr. Duval.
21:11:56 I think he was visibly upset at maybe the remote
21:11:59 inkling that there was a racial thing.
21:12:01 Can I speak for everybody?
21:12:03 Did somebody happen to make something like this
21:12:05 racial?
21:12:05 Sure, that always happens. But we are not here to
21:12:08 solve as a court of law racial issues.
21:12:10 We are here to look at issues that come before us that
21:12:14 are asking for help.
21:12:15 Some of them with waivers.
21:12:17 Some of them with no waivers.
21:12:19 But this is as Mr. Williams said a huge waiver.

21:12:23 And even if that were available to park down the
21:12:26 street, on rainy days, on cold days, on hot days, it
21:12:29 probably is human nature not to want to go down there
21:12:32 and be shuttled.
21:12:33 It creates a problem.
21:12:34 And just like business as opposed to this church the
21:12:38 problem is, the reality is that your congregation is
21:12:41 growing.
21:12:41 And that's a wonderful thing.
21:12:42 Except for the fact when you outgrow the location
21:12:45 where you worship, or where you have a place of
21:12:47 business, or where you operate, then it causes some
21:12:50 problems if it's not compatible with the neighborhood
21:12:52 around it.
21:12:55 I see the problem not with the church.
21:12:56 And I see the problem not with the neighborhood.
21:12:58 And Ms. Long said they have had problems since
21:13:02 November 03.
21:13:03 And it is exacerbated by the growth of your church,
21:13:06 about your congregation, and the lady's congregation
21:13:08 behind you that comes in in the afternoon.
21:13:10 The way I see the real crux of the problem is -- and I

21:13:14 don't know her name, but this lady came in, and
21:13:18 investment is a wonderful thing.
21:13:18 Everybody in this country has the right to make
21:13:23 process.
21:13:24 This lady came in as an investor.
21:13:26 She was in a hurry to invest in this site.
21:13:28 She by her admission said I didn't have time to go
21:13:32 invest investigate.
21:13:33 So she bought it at the courthouse step or whatever
21:13:35 she did.
21:13:36 But the point is, where it was, what it was used for
21:13:38 and who she intended to leave it to is not
21:13:41 appropriate, because the surrounding area could not
21:13:44 house the parking that would be needed.
21:13:47 And that to me causes her problem, and pitted the
21:13:49 neighborhood against the church even more.
21:13:52 That's a sad thing.
21:13:54 That being said, that leads me to my reason for hoping
21:13:57 that you understand that although I would like to be
21:14:00 sympathetic to the worship of the church, this is just
21:14:03 something that can't be because it's not able to be.
21:14:06 And I will certainly wholeheartedly support Mr.

21:14:10 White's motion to deny.
21:14:14 >>SHAWN HARRISON: We have a motion and second.
21:14:16 Any further discussion on the motion?
21:14:17 If not, all in favor of the motion please signify by
21:14:20 saying Aye.
21:14:21 Opposed?
21:14:21 Motion carries unanimously.
21:14:23 Petition is denied.
21:14:24 We are going to take a two-minute break.
21:14:26 While we clear out the chamber and let folks waiting
21:14:29 outside move into the chamber.
21:14:30 So we will be back at it 9:17.
21:19:25 [Sounding gavel]
21:19:25 >>SHAWN HARRISON: Tampa City Council is called back to
21:19:27 order.
21:19:27 Roll call.
21:19:27 >>JOHN DINGFELDER: Here.
21:19:29 >>SHAWN HARRISON: Here.
21:19:30 >>MARY ALVAREZ: Here.
21:19:36 >>ROSE FERLITA: Here.
21:19:38 >>SHAWN HARRISON: I notice we have a new crowd in now.
21:19:40 I think a lot of you were down in the Mascotte room.

21:19:42 If anyone intends to testify on any item that remains
21:19:45 on the agenda, and haven't already been sworn in,
21:19:48 please stand and raise your right hand to be sworn in.
21:19:52 >>THE CLERK: Do you swear to tell the truth, the whole
21:19:55 truth and nothing but the truth?
21:19:59 >>SHAWN HARRISON: Okay.
21:20:00 We need a motion to open item number 8.
21:20:02 >> So moved.
21:20:03 >> Second.
21:20:03 (Motion carried).
21:20:04 >>HEATHER LAMBOY: Land development.
21:20:07 I have been sworn.
21:20:08 The subject property is located at 5101 Bayshore
21:20:11 Boulevard.
21:20:12 If we look at the reap zoning map this is south of
21:20:20 Gandy Boulevard just south.
21:20:22 Ballast Point school is located on this parcel here.
21:20:26 As you recall, there is commercial PD multifamily
21:20:32 residential neighborhood, commercial general uses, as
21:20:35 well as institutional use which has been there since
21:20:39 1952.
21:20:42 They are proposing to rezone the property for a church

21:20:44 and parking lot.
21:20:45 The subject church was constructed after a 1993
21:20:50 adoption in Tampa.
21:20:52 The congregation discovered the property and would
21:20:54 like to expand the existing facility.
21:20:56 Changes include the demolition of the building at the
21:20:58 rear and the construction of two-story fellowship hall
21:21:01 and education building.
21:21:02 Furthermore the existing parking lot will be graded
21:21:05 and the north and east side to address stormwater
21:21:09 run-off.
21:21:12 The proposed area has drive aisles.
21:21:17 Petitioner has worked diligently with the Parks and
21:21:19 Recreation Department and Land Development
21:21:20 Coordination differentiation to preserve and protect
21:21:23 the large number of oak trees on the site.
21:21:24 Nonetheless land development has concerns with the
21:21:27 removal of trees.
21:21:30 As a result the petitioner has modified their plan and
21:21:33 is going to mitigate, and add in new trees.
21:21:39 Objections have been removed.
21:21:40 I would like to let the council know that Tony

21:21:43 Rodriguez of MacDill Air Force Base reviewed this
21:21:47 particular case, for requirements with the study.
21:21:50 I'm sure you are aware right now there's a large area
21:21:53 of South Tampa that's under the flight path of
21:21:55 MacDill Air Force Base.
21:21:58 Tony commented on this case and there are no concerns
21:22:00 at this point.
21:22:07 The sidewalk as illustrated has been removed and there
21:22:09 is a note that's been added that the project will
21:22:13 comply with chapter 22 sidewalks, so that staff can
21:22:16 determine whether the most appropriate course, or
21:22:20 placement of sidewalks, if feasible, around the
21:22:22 existing trees on the site.
21:22:24 So objections have been removed, and staff concludes
21:22:29 comments.
21:22:30 >>SHAWN HARRISON: Thank you.
21:22:31 Planning Commission?
21:22:32 >>TONY GARCIA: Planning Commission staff.
21:22:42 I have been sworn in.
21:22:45 As the proposed request relates to land use categories
21:22:50 in the area.
21:22:51 You have several land use categories represented in

21:22:53 the general area, residential 20, residential 35,
21:22:56 residential 50, community mixed use 35, residential
21:23:00 10.
21:23:04 There is Ballast Point Boulevard, here's Bayshore
21:23:10 Boulevard, here is Interbay, and show you an aerial so
21:23:15 you can get a little bit more context of the area.
21:23:19 Along this section of Interbay, along this section,
21:23:24 particularly -- of course there is single family
21:23:33 detached residential lot to the west and of courts to
21:23:37 the north, there is also single family, and actually
21:23:40 bounded on three sides of the single family detached
21:23:42 residential units.
21:23:45 The proposed request, the development of a new
21:23:47 educational building and fellowship hall two stories
21:23:50 high as well as the renovation of existing church and
21:23:53 nursery.
21:23:57 It EPC 2 is not within that area designated for the
21:24:03 abatement of which we currently have enforcement.
21:24:06 That is just strictly for the APZ 1.
21:24:09 This is an APZ 2 and also within the boundaries of the
21:24:13 balance last point neighborhood association.
21:24:16 The land use plan designation as I said is residential

21:24:19 20 which allows consideration of community serving use
21:24:22 which is what the proposed use will be.
21:24:26 Regarding consistency with the comprehensive plan it
21:24:30 relates to the use and how it will function with the
21:24:34 surrounding existing built environment.
21:24:38 Regarding the actual buffering and screening in
21:24:41 mitigation of impacts, I believe that they have done
21:24:44 an adequate job, but from what I understand, there
21:24:48 still may be some concerns regarding the Internet face
21:24:51 of the parking with the adjacent residential uses
21:24:52 on-site.
21:24:53 Overall Planning Commission staff has no objections to
21:24:55 the proposed request and finds it consistent with the
21:24:57 comprehensive plan.
21:24:59 >>SHAWN HARRISON: Thank you.
21:24:59 Petitioner?
21:25:00 >>ANDREA ZELMAN: 501 East Kennedy and I have been
21:25:06 sworn.
21:25:07 As you heard, this is an application of Davis Island
21:25:11 Baptist church.
21:25:12 I would like to introduce, if I could, tonight
21:25:14 reverend Jeff parish.

21:25:17 Reverend Jim Patterson, the college sing is also
21:25:20 pastor, John wolf of the wolf group hop is the project
21:25:24 manager and Jerry of LBK architects.
21:25:27 Again this is located at 5101 Bayshore Boulevard.
21:25:31 It used to be the Bayshore Baptist church south of
21:25:34 Gandy, just south of chubbys pizza and Al Capote's
21:25:41 drycleaners.
21:25:42 This property has been acquired by the Davis Island
21:25:44 Baptist church which will operate as their South Tampa
21:25:49 fellowship.
21:25:50 And as they already told you, they are upgrading the
21:25:54 site, putting everything up to code.
21:25:56 Adding a significant amount of landscaping, stormwater
21:25:59 retention.
21:26:02 This church will have relatively limited impact on the
21:26:05 neighborhood.
21:26:07 They have three Sunday services, at 9:30, 11, and then
21:26:13 6 at nature.
21:26:14 And they have evening prayer meetings after 6:30.
21:26:17 And other than those limited times, there really won't
21:26:20 be much traffic coming in and out of the site.
21:26:23 And this church has adequate parking to meet code.

21:26:29 [ Laughter ]
21:26:30 147 spaces.
21:26:31 In addition, they have already entered into --
21:26:35 >> Good.
21:26:42 >> I thought it was very important to get it on the
21:26:44 record.
21:26:44 They have met with Ballast Point he will remit I down
21:26:47 south and made arrangements to use their parking lot
21:26:50 for overflow parking, you know, with the overflow
21:26:57 parking.
21:26:57 They also have a policy of hiring a minimum of one but
21:27:00 more often two police officers.
21:27:04 Anytime they have a crowd of 100 people or more to
21:27:07 direct traffic to keep people from parking, direct
21:27:12 them to the overflow lot if necessary, so on and so
21:27:16 forth.
21:27:16 So that's the policy they already have.
21:27:18 And they intend to use this site.
21:27:21 They also want me to assure you, and if you need to
21:27:24 hear the pastor say it, too, that there will be no
21:27:27 daycare facility, and no day school at this site.
21:27:32 There was a period where it was being leased to

21:27:34 Bayshore Christian school for a day school, but that's
21:27:38 no longer happening and will not continue.
21:27:41 The education facilities will be used for Sunday
21:27:44 school classes, but no weekday school on-site.
21:27:50 This is a very heavily treed site and the church has
21:27:53 gone to great lengths to protect the trees.
21:27:55 They did hire an arborist.
21:28:00 Met with staff on-site two or three times, also took
21:28:04 care to do things like when they demolished the
21:28:07 basketball court on-site he supervised it to make sure
21:28:09 they weren't damaging tree roots.
21:28:12 And they always came -- trees on-site the majority of
21:28:17 which are between 13 and 30 inches in diameter, quite
21:28:20 large.
21:28:22 They are removing 23 but almost half of those are
21:28:24 palms, and again the remainder of those, the majority
21:28:29 of which are smaller than 12 inches in diameter for
21:28:32 the larger trees are being saved.
21:28:35 Your Parks Department is not objecting to the removal
21:28:38 of the 36-inch oaks and on-site because they didn't
21:28:45 feel -- the church had actually planned to try to save
21:28:47 those trees, but the Parks Department felt that the

21:28:50 building would impact the health too much.
21:28:53 So they said as long as the church agreed to mitigate
21:28:57 for the removal they were not objecting.
21:29:00 >>JOHN DINGFELDER: Are you aware of any in opposition?
21:29:03 >> Well, let me get to that.
21:29:07 >> Good try.
21:29:08 >>ANDREA ZELMAN: The church did try to have a great
21:29:10 deal of outreach with the neighbors, at the civic
21:29:15 association meeting and met with neighbors and trade
21:29:17 to meet with neighbors.
21:29:19 They had some problem in the last few weeks because
21:29:22 some people were on vacation but when we arrived
21:29:24 tonight we actually thought over.
21:29:30 Over in the Mascotte room with everyone who showed up
21:29:32 tonight and let me tell you of their objections and
21:29:34 the agreement that we believe we have reached with
21:29:36 them, and I'll ask someone from the neighborhood to
21:29:38 confirm.
21:29:43 Basically, the primary objections that we heard, and
21:29:47 most of the people who are here tonight, live along
21:29:50 price Avenue, and they were very concerned about this
21:29:52 driveway.

21:29:53 They didn't want access through the parking lot off of
21:29:59 price.
21:30:00 So the church has agreed to close that off.
21:30:04 Secondly, the dumpster right now is shown right here.
21:30:08 They would like it moved.
21:30:09 The church has agreed to try to put it here.
21:30:13 We are obviously going to need to talk to the city
21:30:15 solid waste department.
21:30:16 I'm not sure that's okay with them because they have
21:30:19 to choose where B where they can get in and out.
21:30:22 But the church is willing to move that dumpster here
21:30:24 so that it won't be up against the fence with homes on
21:30:27 the other side.
21:30:30 Finally, the church had asked -- they are required by
21:30:33 code to put a masonry wall here.
21:30:36 Because of concerns about digging a trench that would
21:30:40 impact the trees, they sent letters to all the
21:30:44 neighbors abutting this asking if they could put in a
21:30:47 wood fence.
21:30:53 Some of those neighbors are here tonight and they
21:30:55 don't like the idea of a wood fence.
21:30:57 We discussed a compromise of one of those PVC fences

21:31:01 that looks like wood and they agreed to look at some
21:31:04 pictures and see if they would compromise on that
21:31:06 instead of a masonry wall.
21:31:09 So what we are actually asking you tonight FHP we
21:31:17 could address these by writing notes on the site plan
21:31:19 we would prefer to do that, but I think the movement
21:31:21 of the dumpster creates a problem with that.
21:31:23 We have talked with your staff.
21:31:24 And what we would like to request -- and I will again
21:31:27 ask the neighborhood the concern that I'm accurately
21:31:31 representing how they feel.
21:31:34 What we would like to do is ask you to vote to direct
21:31:37 your legal department to prepare a new ordinance to be
21:31:41 submitted next Thursday morning.
21:31:44 We would meet with solid waste hopefully tomorrow,
21:31:47 meet with the neighbors about the fence, submit a new
21:31:50 site plan, have all those changes on, that someone
21:31:53 from the neighborhood would send a representative next
21:31:55 Thursday morning to confirm that we made the changes
21:31:58 they asked for, then could you have first reading next
21:32:02 Thursday.
21:32:02 That's what we are requesting.

21:32:11 Your city staff isn't objecting.
21:32:13 They did find the church went to great length to
21:32:15 preserve as many trees as they could.
21:32:17 They did note the appearance of the site would be
21:32:20 improved.
21:32:20 Let me just show you one picture.
21:32:31 That's the rendering of what the church will look
21:32:33 like.
21:32:34 I think even the neighbors agree that the aesthetics
21:32:38 of the site will be improved after this is approved.
21:32:42 So with that I would like to ask for your approval.
21:32:45 Glad to answer any questions.
21:32:46 And again I would ask you to ask the neighbors to
21:32:50 confirm what I have just represented.
21:32:53 >>> That's a great picture, Ms. Zelman.
21:32:55 It looks like something out of my five-year-old's
21:32:58 children's Bible with the sky.
21:33:00 It just looks perfect.
21:33:02 Ms. Alvarez.
21:33:11 >>MARY ALVAREZ: When you mentioned the driveway on
21:33:13 price, did you mention where it was going to be?
21:33:15 >> Come out on Bayshore?

21:33:17 >> So price would still be closed and they would use
21:33:34 the on the one on Ballast Point?
21:33:37 All right, thanks.
21:33:38 >> Is there anyone in the public that would like to
21:33:39 speak on this item?
21:33:41 And if we have a neighborhood spokesman that can
21:33:46 confirm what Ms. Zelman said we can shorten this up.
21:33:54 >>> Good evening.
21:33:54 My name is Dave Valdez.
21:33:56 I reside at 2703 west price Avenue, it's on the corner
21:34:02 of price Avenue.
21:34:03 I represent my dear neighbors that live on that block
21:34:08 of 2700 block, and we came out here to discuss the
21:34:12 site plan.
21:34:14 Fortunately, we were able to meet with the church
21:34:17 prior to, and better late than never, and I think as a
21:34:22 whole we are very pleased with the church coming in
21:34:24 and improving the property.
21:34:26 We are very pleased with the overall, you know, effort
21:34:29 of the site plan and the architecture that's happening
21:34:32 there.
21:34:32 So we support that.

21:34:34 We are very glad that they are able to grant our
21:34:38 desires and our wishes.
21:34:40 So I am confirming the conversation that Ms. Zelman
21:34:45 told you.
21:34:45 >>SHAWN HARRISON: Thank you very much.
21:34:50 >>> Alice Lynn, 5206 Interbay Boulevard.
21:34:53 I was sworn.
21:34:56 Basically representing Ballast Point neighborhood
21:34:58 association.
21:34:59 They did come to our meeting.
21:35:01 The church has been great neighbors.
21:35:04 We meet in their building.
21:35:08 The board discussed this at our June board meeting.
21:35:10 But we thought the plans were going to change.
21:35:13 But we didn't vote on it.
21:35:15 But I can tell you that really the only concern the
21:35:17 board has, that had concerns, were the price Avenue
21:35:22 exit, and those neighbors' concerns.
21:35:25 So I applaud them for meeting downs was them for the
21:35:28 last -- however long, and with that entrance gone, I
21:35:33 believe that the board could write a letter
21:35:35 supporting.

21:35:37 >>SHAWN HARRISON: Excellent.
21:35:38 Thank you.
21:35:40 Do we have a staff member hiding behind that thing
21:35:42 there?
21:35:44 Line up, or do you all need two weeks?
21:35:47 >>HEATHER LAMBOY: I would like two weeks.
21:35:50 But the only concern I have is with the line of trees.
21:35:54 Because I don't know if this dumpster is going to work
21:35:57 there.
21:35:57 And dumpster is really heavy.
21:36:04 And I think that's going to take a little more time.
21:36:08 They have to have the site plan in tomorrow in order
21:36:09 to do it next week.
21:36:11 >>LINDA SAUL-SENA: Move to continue for two weeks.
21:36:14 >>SHAWN HARRISON: And to direct legal to prepare a new
21:36:17 ordinance snoop with the three issues, the relocation
21:36:20 to praise, the moving of the dumpster.
21:36:24 >>SHAWN HARRISON: Motion and second, a time certain
21:36:26 for two weeks from today.
21:36:30 >> 27th?
21:36:33 >>MARTIN SHELBY: 27th at 10 a.m.?
21:36:34 Is that correct?

21:36:35 Just for the record, is that acceptable to you?
21:36:38 >>ANDREA ZELMAN: Yes, it is.
21:36:43 And I would also like to thank the neighbors very much
21:36:45 for meeting with us, and to let you know, we did have
21:36:47 a large number of people hear to speak in support
21:36:49 tonight and I would ask them to raise their hands so
21:36:52 you know that they are here.
21:37:05 >> It might not have gone your way.
21:37:08 We have a motion and second to continue this for two
21:37:10 weeks.
21:37:10 All in favor signify by saying Aye.
21:37:12 Motion carries unanimously.
21:37:14 Thank you all.
21:37:18 Item number 10.
21:37:20 All in favor signify by saying Aye.
21:37:25 Make.
21:37:38 >>HEATHER LAMBOY: Land development.
21:37:40 I have been sworn.
21:37:41 The property is west Kennedy at Edison, another
21:37:51 property bounded by residential and office development
21:37:54 as well as general commercial uses.
21:37:56 The subject property is commercial intensive with a

21:38:00 small sliver of RM-16.
21:38:02 That is a special use.
21:38:12 Office building, and converted into an office.
21:38:16 And in that block there were several office buildings.
21:38:21 Petitioner is requesting a special use for parking
21:38:24 locality.
21:38:25 The petitioner has a two-story building and the site
21:38:29 is commercial intensive.
21:38:30 And will place parking to the rear of the site.
21:38:35 This is a picture of the site. This is the office
21:38:38 located south of the site.
21:38:39 This is the site here.
21:38:43 Immediately adjacent thrift shop center.
21:38:45 This is a view looking down Edison.
21:38:49 And across the street on Kennedy just to give you an
21:38:55 idea what's in the area.
21:39:04 With reference to special use has been met.
21:39:08 The concern with the dumpster from solid waste is that
21:39:13 there should be commercial dumpster related in
21:39:17 residential district.
21:39:18 That is RM-16 zoning.
21:39:19 However, it is completely surrounded by commercial

21:39:22 uses.
21:39:23 Land development staff does not have an objection to a
21:39:25 commercial dumpster being located in a residential
21:39:28 district because it's on the alley and it's at the
21:39:30 rear of the site.
21:39:38 It will be seen from Kennedy Boulevard however we have
21:39:40 no objection.
21:39:40 I will leave it at that.
21:39:44 That correction has been made by the petition source
21:39:45 the only objection that remains is the solid waste
21:39:48 objection.
21:39:49 That concludes staff comments.
21:39:55 >>LINDA SAUL-SENA: It appears that there's surface
21:39:58 parking, if I'm reading this correctly, to the west of
21:40:02 the two-story building?
21:40:05 Is that legal on the Kennedy overlay?
21:40:10 >>HEATHER LAMBOY: Let me look at the plan.
21:40:12 Just one minute.
21:40:21 Are you talking outside of the site?
21:40:22 Okay, that parking is going to be covered and enclosed
21:40:24 from Kennedy Boulevard.
21:40:27 >>LINDA SAUL-SENA: Do we have an elevation for this is

21:40:29 the.
21:40:29 >>> This is only for special use of the parking lot at
21:40:31 the rear.
21:40:32 The front of the site will be developed under
21:40:35 commercial intensive standards.
21:40:36 And it will be subject to overlay, now that the
21:40:41 overlay is in place.
21:40:43 A building permit.
21:40:45 It will not have to go before council because it's
21:40:48 just a commercial use, allowed for the zoning.
21:40:50 But be aware that once they have the building permit
21:40:54 the Kennedy overlay will apply.
21:41:00 >> Real quickly, I'm looking at this.
21:41:02 Just from looking at the site plan, it appears the 50%
21:41:06 of the parcel fronting on Kennedy, the surface
21:41:09 parking.
21:41:10 >>> Well, if you look at sort of the dashed line,
21:41:14 council member Saul-Sena, the building, as I
21:41:18 understand the petition -- I directed him to go the
21:41:22 talk to him to make sure that wasn't going to be
21:41:24 problematic, even though it's not part of this
21:41:26 rezoning, or I'm sorry, the special use, it's still

21:41:29 going to be an issue down the road.
21:41:31 And Wilson conferred with him and told him it has to
21:41:34 be okayed and it's going to be structurally part of
21:41:36 the building.
21:41:37 So everything is going to be concealed.
21:41:40 So he has been conferring with Wilson.
21:41:43 He will be working on that overlay through the --
21:41:47 >> And immediately to the south of this is an office
21:41:49 building?
21:41:50 >>> Yes.
21:41:51 That is correct.
21:41:52 And the residence has been converted into an office
21:41:55 building.
21:41:57 >> And he's a of Edison on the other side of Edison is
21:42:02 what?
21:42:03 >>> There is a strip shopping center.
21:42:11 >>TONY GARCIA: Planning Commission staff.
21:42:29 I have been sworn in.
21:42:33 The site in question does have a land use designation
21:42:35 as you can see in the land use map I have provided for
21:42:39 you.
21:42:40 Regarding the uses of -- existing uses in the area,

21:42:44 there is -- I will go ahead and show you the aerial.
21:42:48 Hears the residential 20.
21:42:51 Cleveland to the south.
21:42:54 Kennedy Boulevard to the north.
21:42:55 The request is for commercial use.
21:42:59 Because you have to have the proper zoning for the
21:43:03 building.
21:43:07 There's a commercial use to the north here that is
21:43:10 retail use, vacant lot over here, surface parking over
21:43:13 here.
21:43:14 Here's the transmission shop, just to the west of the
21:43:17 site.
21:43:19 There is also a small commercial building to the
21:43:21 south.
21:43:21 There has been quite a bit of activity in the area as
21:43:24 far as the residential uses along this part of
21:43:28 Cleveland street, these are some office town homes
21:43:33 that have been developed in this area.
21:43:35 So it has been rapidly transitioning away from what
21:43:39 used to be more prey dominantly residential use, has
21:43:43 been turning away between Boulevard and the railroad
21:43:45 tracks to the west to a more low density office

21:43:47 district.
21:43:48 Planning Commission staff has no objections to the
21:43:50 proposed request.
21:43:52 >>LINDA SAUL-SENA: Thank you.
21:43:53 Petitioner?
21:43:54 And tell us if you have been sworn.
21:43:58 >>> My name is mark heartily of heartily architecture,
21:44:02 1711 north Himes Avenue, and I have been sworn.
21:44:09 I'm basically the -- the staff has done a good job
21:44:12 explaining what the purpose of it is, the special uses
21:44:14 for parking.
21:44:16 The only objection that we had was I guess from solid
21:44:21 waste, I'll address that in a second.
21:44:24 We did prepare a site plan.
21:44:26 We also did elevations.
21:44:27 I'll be happy to show you -- those to you.
21:44:33 D.O.T. denied a request for access from Kennedy
21:44:35 Boulevard.
21:44:37 So we were forced to have the access only on Edison.
21:44:42 At the time of the application, the Kennedy overlay
21:44:45 guidelines weren't in force but we were directed that
21:44:50 that would probably be the case by the time we came

21:44:53 before permitting, and we have tried to do that.
21:44:55 I don't know if you have a copy of the site man in
21:44:58 front of you.
21:44:58 But we put in a streetscape, the trees, the things
21:45:02 that are called for in the district, and also we sort
21:45:05 of tried to follow the planning principles allowed
21:45:08 which is placing parking in the rear, part of the
21:45:10 parking is covered parking under a portion of the
21:45:13 building. The building is a two story building,
21:45:15 first-floor retail, second-floor office uses, and
21:45:22 that's basically it.
21:45:25 I'll show you, we have changed the data.
21:45:28 We have given that to staff.
21:45:30 The only other thing, this was an objection with the
21:45:34 solid waste.
21:45:35 I can show you a little drawing here.
21:45:37 We actually addressed this once.
21:45:40 And we thought we had solved the problem.
21:45:42 And then several months later got the same comment
21:45:45 back.
21:45:46 And through our building, entering the alleyway,
21:46:02 picking up the trash.

21:46:05 The movement never occurred, and the truck would be
21:46:07 going straight down the alley, and only have to make a
21:46:10 slight jog into the space here.
21:46:15 I don't really know what the objection would be beyond
21:46:18 that.
21:46:19 And I have also done a little sketch of what the truck
21:46:24 actually does.
21:46:26 Straight down an alley.
21:46:31 >> Shows all the radiuses, and the turning radiuses of
21:46:36 the truck and there really isn't going to be an usual
21:46:39 you here.
21:46:39 >>LINDA SAUL-SENA: Are there any questions?
21:46:40 I have a question.
21:46:41 Is this like two-thirds -- no, it looks like four
21:46:44 fifths of your parking spaces are compact?
21:46:48 And this is -- that's not realistic.
21:47:02 I think it would be better if you have two compact
21:47:04 spaces and make the other ones normal.
21:47:07 >> I think in terms of parking we are meeting the code
21:47:09 requirement for the number of compact and the number
21:47:11 of full-size space.
21:47:14 There's no objection to that, you know, from staff.

21:47:16 There hasn't been.
21:47:24 I think two-thirds of the spaces can be compact and
21:47:26 one-third --
21:47:28 >> Maybe Ms. Calloway can comment.
21:47:31 >> You see ones that are handicapped and ones in
21:47:34 front -- to the rear of the building, adjacent to the
21:47:36 building, are full-size.
21:47:39 And the parking garage area.
21:47:48 Actually, that was to maintain a 15-foot setback from
21:47:53 residential zoning, and that doesn't really exist,
21:47:56 which we don't have to do that.
21:47:58 We can make those spaces, 15-foot setbacks.
21:48:04 But technically, I think there's some intervening
21:48:07 residential land on the other side of our property
21:48:09 line, also.
21:48:11 That is part of the PD are or not part of the PD.
21:48:14 Is that the case or not?
21:48:15 >>HEATHER LAMBOY: There was a -- four feet wide, that
21:48:30 will still remain.
21:48:31 And that's the reason:
21:48:34 >>JOHN DINGFELDER: With this strip of land, a 15-foot
21:48:40 buffer.

21:48:40 But that made our spaces become compact.
21:49:09 >> Originally we had this, as you can see, the entry
21:49:12 into the drive, so we might change that so this
21:49:18 doesn't look so much like people trying to drive
21:49:22 through the gate or the -- and then --
21:49:31 >> The elevation on Edison.
21:49:34 >> Slade that over.
21:49:41 >>SHAWN HARRISON: Any other questions for petitioner?
21:49:43 Is there anyone in the public that would like to speak
21:49:45 on item 10?
21:49:53 >>> Scott Chacion, I own this property at south
21:49:59 Edison.
21:50:02 I have some concerns.
21:50:09 I haven't spoken to anyone regarding this project.
21:50:13 I have been there for just about a year, my property.
21:50:18 But thanks for giving me a little bit of concern.
21:50:21 The parking spaces behind the building would be close
21:50:29 to my building, meaning I'm an office, a law firm.
21:50:33 I have 18 windows in my building.
21:50:36 And we'll be hearing the noise of the traffic of those
21:50:39 doors closing every day.
21:50:41 And that is a concern.

21:50:43 The traffic pattern coming off of Edison.
21:50:47 Edison is particularly everyone has talked about the
21:50:51 restaurant.
21:50:52 During lunch time, that is very busy and very packed
21:50:56 with cars.
21:50:57 This will be additional traffic going -- trying to go
21:51:03 back through that alley, and through the Edison
21:51:07 roadway site.
21:51:08 I have concerns about the -- the noise concerns, also
21:51:16 the concerns, I haven't seen the plan.
21:51:21 Whether or not there is going to be any type of
21:51:24 masonry wall blocking my property from the proposed
21:51:29 project.
21:51:30 I would like to see that.
21:51:38 I'm not sure how many parking spaces are proposed in
21:51:40 the back.
21:51:43 And I would also like that explanation.
21:51:48 >>LINDA SAUL-SENA: Did you get a letter saying this
21:51:52 was proposed?
21:51:53 >>> I received a letter towards the end of June.
21:51:58 >> Didn't you call the person?
21:52:00 >>> I did not.

21:52:00 I was out of the country.
21:52:03 I was out of the country.
21:52:07 >> If you are required to be notified, then the ball
21:52:10 is in your court to find out.
21:52:11 >>> I was out of the country.
21:52:13 For a couple weeks.
21:52:16 Okay.
21:52:16 Thank you.
21:52:17 >>SHAWN HARRISON: Anyone else want top speak on this
21:52:19 item?
21:52:20 >> I would like to ask a question.
21:52:22 >>SHAWN HARRISON: MS Alvarez?
21:52:23 >>MARY ALVAREZ: What type of buffering -- Heather,
21:52:26 what type of buffering are we talking about here, the
21:52:30 concerns this gentleman has?
21:52:32 >>HEATHER LAMBOY: Proposing a 15-foot buffer plus a
21:52:35 15-foot masonry wall.
21:52:36 >>MARY ALVAREZ: I think that should help.
21:52:40 Thank you.
21:52:40 >>SHAWN HARRISON: Petitioner, rebuttal?
21:52:47 >>> Actually, I think we did show the masonry wall,
21:52:50 the buffer from a residential use.

21:52:52 And technically, we are buffering an office use from
21:52:55 an office use, which I don't think we should have to
21:52:59 do that.
21:53:02 >>SHAWN HARRISON: Tampa site plan shows you are doing
21:53:08 that.
21:53:08 >> Motion to close.
21:53:09 >> Second.
21:53:10 (Motion Carried)
21:53:10 >>MARY ALVAREZ: Move an ordinance approving a special
21:53:20 use permit S-2 approving an off-street commercial
21:53:24 parking in a CI, CG and RM-24 zoning district in the
21:53:28 general vicinity of 1000 West Kennedy Boulevard and
21:53:33 103 south Edison Avenue, city of Tampa, Florida, and
21:53:37 as more particularly described in section 1 hereof
21:53:39 providing an effective date.
21:53:41 >>SHAWN HARRISON: We have a motion and second.
21:53:42 Any discussion on the motion?
21:53:44 All in favor please signify by saying Aye.
21:53:47 Motion carries.
21:53:48 I need a motion to open item number 11.
21:53:50 >>: So moved.
21:53:51 >> Second.

21:53:51 (Motion carried).
21:53:52 >>HEATHER LAMBOY: Land development.
21:53:57 I have been sworn.
21:54:00 I apologize, the rezoning map didn't get updated.
21:54:04 Let me illustrate. The subject property is located at
21:54:06 3213 north 29th street, this property here.
21:54:10 The petitioner, after making application, purchased
21:54:13 additional property for a parking lot, and the site
21:54:22 plan is coming around.
21:54:25 But the map is still a useful tool.
21:54:27 You will see that the zoning of the subject area is
21:54:30 RM-15, residential multifamily, with residential
21:54:36 office, and --
21:54:42 >> Does this church have a parking problem?
21:54:45 [ Laughter ]
21:54:46 >>> No, thank goodness.
21:54:48 You have a good memory, too.
21:54:51 >> I was looking at the expression when we were going
21:54:54 through the other.
21:54:56 >>HEATHER LAMBOY: The petitioner is requesting to
21:54:57 rezone the property to PD for development of a
21:55:00 take-out restaurant.

21:55:01 Built in the 1950s, it's been a grocery store and
21:55:05 tavern.
21:55:06 The tavern has closed and the property has been vacant
21:55:08 for longer than 180 days, the number of days that
21:55:11 trigger the law of nonconforming status.
21:55:15 The petitioner is proposing a small-scale neighborhood
21:55:18 restaurant for takeout only.
21:55:19 Parking has been provided across the street.
21:55:24 Landscape buffering to mitigate negative impact of the
21:55:27 parking lot on adjacent residential property.
21:55:31 Transportation staff has concerns that the petitioner
21:55:35 has addressed through some notes on the plan and
21:55:37 clarification.
21:55:39 There was no objection to landscape codes.
21:55:43 And I also would like to discuss the adaptive --
21:55:48 comprehensive plan, encourages the redevelopment of
21:55:51 enterprises.
21:55:52 This neighborhood when I went through and did my site
21:55:55 visit, the mixture of old neighborhoods, there's
21:55:59 single-family residential.
21:56:00 This is the parking lot, the proposed single-family
21:56:04 residential.

21:56:04 This is the building proposed for the takeout
21:56:08 restaurant.
21:56:11 A closer view.
21:56:12 Another building that has previously been used for
21:56:15 commercial use.
21:56:24 You can tell this neighborhood has been through a lot
21:56:25 of change.
21:56:27 And this small scale business will not have a major
21:56:30 impact on this neighborhood.
21:56:34 Staff has no objection.
21:56:36 That concludes comments.
21:56:39 >>SHAWN HARRISON: Planning Commission?
21:56:40 >>TONY GARCIA: Planning Commission staff.
21:56:44 I have been sworn in.
21:56:49 The prey dominant land use category for this parcel
21:56:52 and other parcels in the surrounding area is
21:56:54 residential 20.
21:56:58 This is northeast of the intersection of east 21st
21:57:01 Avenue an north 29th street.
21:57:03 Significant to notice hearing, this is not an arterial
21:57:09 road which in which you need to meet land use
21:57:12 criteria, but readaptive reuse and by being in the

21:57:15 enterprise zone and being in the East Tampa community
21:57:18 redevelopment area, okay, what Ms. Lamboy has stated
21:57:21 to you as far as the policies within the future land
21:57:25 use element, specifically A-9.2 which talks about
21:57:29 using the adaptive reuse rezoning district.
21:57:32 Reuse projects aren't.
21:57:36 For office uses, and this proposed request is also
21:57:40 consistent with policy B-3.5 which talks about
21:57:43 redevelopment or revitalization strategies or
21:57:45 incentives to be provided by the city under utilized
21:57:49 residential or commercial areas where the structure
21:57:52 exists.
21:57:55 This is located as I said within the East Tampa
21:57:57 community redevelopment area. The proposed request is
21:57:59 consistent with the vision statement within the East
21:58:02 Tampa CRA man as they relate to economic development
21:58:06 opportunities along development corridors, and really
21:58:12 the comment I would like to make, this has been
21:58:14 floating around for awhile with us, for several
21:58:16 months, and I think I would like to really kind of
21:58:19 commend the young lady behind us for this as far as
21:58:23 her perseverance in making sure that she can make this

21:58:27 a reality for her community over here, and provide
21:58:30 continued economic development opportunities for this
21:58:33 particular area.
21:58:34 Planning Commission staff has no objections to the
21:58:36 proposed request.
21:58:39 >>SHAWN HARRISON: Thank you.
21:58:40 Petitioner?
21:58:41 >>KEVIN WHITE: Any objection, petitioner?
21:58:51 >> No.
21:58:52 >>: Move to close the public hearing.
21:58:54 [ Laughter ]
21:58:55 >>> Yes, I have been sworn.
21:58:57 >> Architect, civil engineer, designer.
21:59:06 And we had obstacles to get this going.
21:59:10 We had to purchase a lot that had been developed for a
21:59:12 parking lot, it's going to help out the area for
21:59:18 21st street on 29th, and all the way up
21:59:22 through -- we have a lot of projects going on and this
21:59:30 is going to be the first one on that street.
21:59:33 >>JOHN DINGFELDER: On the parking lot across the
21:59:40 street, it appeared there was at least one house next
21:59:43 to that parking lot?

21:59:45 >>> To the south, yes.
21:59:47 >> Would there be some kind of wall, or fence, or
21:59:51 what?
21:59:52 >>> It will be a buffer.
21:59:56 >> What is a standard code buffer for that?
21:59:59 >>> It's a PD.
22:00:05 Still available.
22:00:09 Snoop we just make need to make sure we put a note on
22:00:12 the site man as to what that buffer would be, I guess.
22:00:16 >>> It's consistent with the buffer with continuing
22:00:20 hedge.
22:00:26 >>SHAWN HARRISON: Is there anyone in the public that
22:00:27 would like to speak on item number 11?
22:00:30 >> Move to close.
22:00:31 >> Second.
22:00:31 (Motion carried).
22:00:31 >>KEVIN WHITE: Move an ordinance rezoning property in
22:00:40 the general vicinity of 3208 and 3219 north street in
22:00:46 the city of Tampa, Florida more from zoning district
22:00:49 classifications multifamily to PD, planned takeout
22:00:53 restaurant, parking lot, providing an effective date.
22:00:55 >>SHAWN HARRISON: We have a motion and second.

22:00:56 Any discussion on the motion?
22:00:58 All in favor signify by saying Aye.
22:01:00 (Motion carried)
22:01:02 Congratulations.
22:01:04 >>KEVIN WHITE: Let us know when you are open so we can
22:01:06 come and eat.
22:01:08 >>SHAWN HARRISON: We need a motion to open item number
22:01:13 14.
22:01:15 >>: So moved.
22:01:16 >> Second.
22:01:16 (Motion carried).
22:01:16 >>HEATHER LAMBOY: Land development.
22:01:21 I have been sworn.
22:01:22 The subject property request is located on 3822 east
22:01:32 seventh Avenue, between 7th and 39th.
22:01:35 It's industrial zoning with a mix of commercial
22:01:38 general and commercial intensive.
22:01:41 General commercial intensive.
22:01:42 The site was RM 1 under chapter 43 and chapter 27 was
22:01:47 adopted in 1987, zoning was changed to IG.
22:01:51 The zoning classification is similar to the IG
22:01:54 designation.

22:01:55 But as you can tell there is a mix in that area.
22:01:58 Therefore staff has no objection.
22:01:59 That concludes staff's comments.
22:02:01 And I don't know if you would like to see a picture of
22:02:04 the site.
22:02:06 This is the building on-site.
22:02:11 >>SHAWN HARRISON: Planning Commission?
22:02:19 >>TONY GARCIA: Planning Commission staff.
22:02:21 I have been sworn in.
22:02:23 Basically, light industrial, we have that light
22:02:28 category which categorizes the light industrial and
22:02:31 heavy industrial to the south.
22:02:32 Here's 40th Street, 7th Avenue, the site is on the
22:02:34 northwest corner, 39th street, 7th Avenue,
22:02:39 requests this to go from IG to CI.
22:02:44 The site is not within the Ybor Historic District.
22:02:49 To give you some idea as far as the actual uses in the
22:02:52 area, there's a dry cleaner, a transmission, shop.
22:02:57 There's some parking to the north.
22:03:03 This is an adult use.
22:03:05 And the right over here west of the site.
22:03:15 To the east of 37th street.

22:03:17 Planning Commission staff has no objections to the
22:03:19 proposed request.
22:03:23 >>SHAWN HARRISON: Petitioner?
22:03:27 >>> Good evening, my name is Mark Bentley, 201 North
22:03:30 Franklin Street, Tampa 33602 representing petitioner.
22:03:34 Staff indicated they did a pretty thorough job,
22:03:37 down-zoning from IG to PI from 39th and 7th
22:03:41 Avenue and broader range of retail uses right now
22:03:45 zoned industrial.
22:03:45 So pretty much ham strung.
22:03:47 I think if you read the staff report, and Tony alluded
22:03:50 to, or Heather, directly across the street from an
22:03:54 adult use, to the west is a cleaners, to the north is
22:03:56 a trucking company, to the east is the trucking
22:03:59 company and southeast is a trucking company.
22:04:02 As well.
22:04:02 So if you have any questions, it's pretty
22:04:06 straightforward.
22:04:06 I am not aware of any opposition.
22:04:11 >>SHAWN HARRISON: We'll see.
22:04:15 Is there anyone in the public that would like to be
22:04:16 speak on this item?

22:04:17 Yes, sir, come on up.
22:04:23 >>> Freddie carver.
22:04:24 I have been sworn in.
22:04:25 I own the property to the north of here.
22:04:27 The trucking company that's just been referred to.
22:04:31 And I have concerns because as truckers we are working
22:04:36 over there.
22:04:37 They mentioned the fact that was going to be a
22:04:39 possible funeral home, which brings a lot of parking
22:04:41 issues.
22:04:43 We already have no parking in the neighborhood.
22:04:48 This has a small parking lot in the back part, 50 by
22:04:51 100 maybe at the most.
22:04:52 I don't know how many cars you can park there for a
22:04:55 businesslike that.
22:04:58 The building next door has absolutely no parking
22:05:01 except for street parking.
22:05:03 I already have customers complaining about trying to
22:05:05 get in there.
22:05:07 We bring in big trucks.
22:05:09 The streets are 20-foot wide.
22:05:11 The telephone poles are sitting right on the corners.

22:05:17 There's a T-shirt shop right there on Henry which only
22:05:21 runs one block and goes nowhere.
22:05:24 It stops from 7th Avenue to 8th Avenue and it
22:05:28 doesn't go through.
22:05:29 8th Avenue stops at 39th street.
22:05:32 There's a storm drain there.
22:05:33 It will never be opened up because it's too close to
22:05:35 the red light.
22:05:38 8th Avenue and the other one stops at 38th street.
22:05:42 More trucks come in that area.
22:05:44 I'm concerned with where all these cars are going to
22:05:47 park, if this is the intended use for this building,
22:05:49 which I don't know.
22:05:52 This is what workers mentioned to me as they were
22:05:55 leaving over there.
22:05:59 He has an out let at the front.
22:06:01 Other than that he would have to come out 8th
22:06:02 Avenue.
22:06:03 And there again, workers, limousines, so on and so
22:06:16 forth.
22:06:16 Notary public this is the intended use.
22:06:20 Would you mind sharing what he's using it for?

22:06:23 >>SHAWN HARRISON: Well, your he doesn't have to share.
22:06:27 That you will he will have rebuttal time after
22:06:29 everybody speaks.
22:06:30 If he feels like addressing that he can.
22:06:34 >>> Parking and inlets and outlets are an issue, a big
22:06:38 issue.
22:06:38 We can't get down the streets some days now.
22:06:40 There's a holding lot for cars there.
22:06:42 They bring in trucks.
22:06:43 And semi.
22:06:44 And they load and unload cars sometimes.
22:06:47 And he literally has to do it right on the edge of the
22:06:50 street.
22:06:51 Because that's all the room they have.
22:06:55 The gray bidding, they park them on the street.
22:06:57 Sometimes we can't get down Hendry Avenue.
22:06:59 There's a T-shirt stop, patrons stop in the street to
22:07:04 shop.
22:07:05 It looks more like an alley than a street.
22:07:12 Inlets and outlets and where to park.
22:07:15 That's it.
22:07:15 >>SHAWN HARRISON: Thank you, sir.

22:07:17 Is there anyone else that would like to speak on the
22:07:19 petition?
22:07:26 >>> Charles Schwartz, 3819 east seventh Avenue.
22:07:29 I have been sworn in.
22:07:31 Again the parking issue.
22:07:35 We don't know what he's doing exactly.
22:07:37 But if he's going to use our parking spot, we need to
22:07:41 know what's going to go on there.
22:07:43 That's basically it.
22:07:44 >>JOHN DINGFELDER: Are you right next door?
22:07:47 >>> Across the street.
22:07:48 >> Across the street?
22:07:50 Well, he's not entitled to use your parking.
22:07:53 >>> I understand that.
22:07:53 But we know how things happen.
22:08:00 >> You have the restaurant?
22:08:00 >>> No, it's the adult use across the street.
22:08:03 >> On the corner.
22:08:10 The strip.
22:08:16 >> Under the circumstances been a long day.
22:08:18 We apologize.
22:08:22 >>SHAWN HARRISON: All right.

22:08:31 >>> The New York strip is not a type of steak either.
22:08:35 >> No, the New York strip down the street.
22:08:40 >>> It's Euclidean zoning, whatever the performance
22:08:42 standards of the code requirements we have to comply
22:08:44 with parking.
22:08:45 We don't intend to park on anyone's property.
22:08:48 It's ironic that one of the most intensive uses you
22:08:52 can have as a neighbor is a trucking company concerned
22:08:54 about our impacts but we will respect the code
22:08:56 obviously.
22:08:56 We don't have any choice.
22:08:58 And your city transportation department is going to
22:09:00 designate where we get access to the property.
22:09:03 Thank you very much.
22:09:04 >>SHAWN HARRISON: Mr. Dingfelder?
22:09:06 >>JOHN DINGFELDER: Tell me about parking, we get so
22:09:12 few Euclidean zonings.
22:09:14 Tell me about parking as related to IG versus CI.
22:09:19 >>HEATHER LAMBOY: The only thing I can think of, in an
22:09:21 IG zoning district, you typically have warehousing.
22:09:24 And warehousing is based on employees for large
22:09:28 shifts.

22:09:28 So versus where W a commercial type of zoning where
22:09:31 you have, you know, four spaces for a shopping center,
22:09:35 for a thousand square feet of gross floor area.
22:09:38 So certainly some commercial uses might use more
22:09:43 parking than some industrial uses.
22:09:45 But then it could be exactly the opposite.
22:09:47 Just depends upon the use.
22:09:49 And --
22:09:51 >> And when it comes in for change of use permit which
22:09:54 it will have to, the construction service center will
22:09:56 review it, and determine if there's enough parking on
22:09:59 the side.
22:10:00 So they have to come in for change of use permit?
22:10:03 >>> Yes.
22:10:06 >> Do the neighbors get noticed on that?
22:10:08 >>> No, they don't typically get notice on that.
22:10:15 >>> A final point is Tampa lot is -- the exiting
22:10:19 building is shy of 3,000 so we would be required to
22:10:21 have under code 12 spaces which we can easily
22:10:24 accommodate.
22:10:25 Thank you.
22:10:27 >>SHAWN HARRISON: Motion to close and second.

22:10:28 (Motion carried).
22:10:30 >>LINDA SAUL-SENA: Move an ordinance rezoning property
22:10:32 in the general vicinity of 3822 East 7th Avenue in the
22:10:36 city of Tampa, Florida and more particularly described
22:10:38 in section 1 from zoning district classifications IG
22:10:41 industrial general to CI, commercial intensive,
22:10:44 providing an effective date.
22:10:46 >>SHAWN HARRISON: We have a motion.
22:10:47 Do and we have a second.
22:10:48 Discussion on the motion.
22:10:49 >>JOHN DINGFELDER: I wanted to tell the folks who
22:10:51 patiently spent the whole night down here, when we
22:10:56 have these site controlled, or site plans, called
22:11:02 PDs, when they have these, then they have to lay out
22:11:06 the parking in advance and we can review the parking
22:11:09 and you have seen us do that all night long.
22:11:10 On these other types much zoning which is sort of a
22:11:12 more generic zoning, it's called a Euclidean zoning,
22:11:16 going from IG industrial to commercial intensive, we
22:11:19 don't have that kind of control at this level, at the
22:11:22 council level.
22:11:22 So the control goes down to the bureaucratic level.

22:11:25 So when they come in and they announce their use, then
22:11:29 hopefully, the bureaucracy kicks in and we say, okay,
22:11:32 you have to have X number of spaces for whatever use.
22:11:35 I just -- I think we are going to approve this.
22:11:37 I just wanted you to know we heard your concerns but
22:11:40 there's not much we can do about it.
22:11:42 >>LINDA SAUL-SENA: But they have to provide adequate
22:11:44 parking.
22:11:44 >>HEATHER LAMBOY: And there is no waivers to parking
22:11:46 under that level.
22:11:48 >>JOHN DINGFELDER: So anyway.
22:11:49 >>SHAWN HARRISON: All right.
22:11:50 We have a motion.
22:11:51 We have a second.
22:11:52 Any discussion on the motion?
22:11:56 (Motion Carried).
22:11:57 >>LINDA SAUL-SENA: Mr. Chairman, I have been doing on
22:12:01 the idea of the appropriate number of compact spaces.
22:12:03 I talked to our transportation staff, and our current
22:12:08 code has been changed to allow 60% compact.
22:12:10 I don't think that represents reality.
22:12:12 And I don't know what does.

22:12:14 But I would like to request that transportation report
22:12:18 back in 30 days on what they think the true number of
22:12:20 compact spaces for a parking lot should be and then we
22:12:23 can change the code to reflect.
22:12:25 >>MARY ALVAREZ: That's true because most of the time
22:12:27 SUVs and big trucks.
22:12:34 >>LINDA SAUL-SENA: In 30 days, it should be August --
22:12:40 how about the first week in August, August 3rd?
22:12:43 I move we have a report back from transportation on
22:12:46 what they think a realistic number, percentage of
22:12:48 parking spaces should be.
22:12:51 Under department heads at the beginning of the
22:12:52 meeting.
22:12:52 And it can be a written report.
22:12:55 >>SHAWN HARRISON: We have a motion and second.
22:12:56 (Motion carried).
22:12:59 >>JOHN DINGFELDER: Move to receive and file all
22:13:01 documents.
22:13:01 >> Second.
22:13:02 (Motion carried).
22:13:02 >>SHAWN HARRISON: Anything else to come before
22:13:04 council?

22:13:04 We stand adjourned.
22:13:08 (City Council meeting adjourned)
22:14:04