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Tampa City Council
Thursday, November 30, 2006
5:30 p.m. session

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17:51:17 [Sounding gavel]
17:51:18 >>GWEN MILLER: Tampa City Council is called to order.
17:51:21 Tonight our special guest to do the invocation is Ms.
17:51:24 Betty Green Johnson who has been working with the city
17:51:27 for 34 years with the utility accounting division.
17:51:31 She's also with the City of Tampa black history
17:51:34 committee and also the president and they are planning
17:51:38 our 19th Annual Black History Celebration for
17:51:40 Friday, February 2nd, 2007, 11 a.m. at the Tampa
17:51:45 convention center. The public is invited to this free
17:51:47 event.
17:51:48 The theme for this year is celebrate in the community.
17:51:52 Will you please come up, Ms. Johnson?
17:51:54 Please stand and remain standing for the pledge of
17:51:56 allegiance.
17:52:03 >>> Thank you.
17:52:03 May we pray.
17:52:04 Heavenly father, we beseech you now to just stop by.
17:52:08 Now what's in our heart.
17:52:14 Bless the council members present and direct them in
17:52:17 the right mandatory serve their constituency.
17:52:19 Bless our mayor and the City of Tampa, Pam Iorio, and
17:52:25 all the employees of the city.
17:52:26 Father, as we journey through this time from
17:52:28 Thanksgiving to Christmas, let us not forget the real
17:52:31 reason for the season.
17:52:33 Not only do we share gifts but let us share in love,
17:52:38 and loving one another.
17:52:39 Help us to do what's right, and give us direction from
17:52:43 day to day.
17:52:44 Protect us.
17:52:46 Lead us and guide us and return us safely to our
17:52:48 homes.
17:52:49 These things we ask.
17:52:50 Amen.
17:52:52 [ Pledge of Allegiance ]
17:53:07 >>GWEN MILLER: Roll call.
17:53:11 >>LINDA SAUL-SENA: Here.
17:53:12 >>MARY ALVAREZ: Here.
17:53:12 >>GWEN MILLER: Here.
17:53:13 >>SHAWN HARRISON: Here.
17:53:14 >>GWEN MILLER: At this time we go to item number 1.
17:53:16 We need to open the public hearing.
17:53:18 >> So moved.
17:53:19 >> Second.
17:53:25 On the brownfield.
17:53:27 >> Presentation by staff.
17:53:33 >> City attorney's office. This is the first of two
17:53:37 scheduled public hearings on a proposed brownfield
17:53:39 designation, an area located -- a copy of the
17:53:46 application, the development plan is outlined in the

17:53:49 staff report designation is -- application is
17:53:59 available in the office.
17:54:01 >>CHAIRMAN MILLER: Does anyone wish to speak on item
17:54:04 number 1?
17:54:06 >> Move to close.
17:54:07 >> Second.
17:54:08 (Motion carried).
17:54:09 >>GWEN MILLER: So we will stand adjourned until 6:00.
18:06:58 [Sounding gavel]
18:06:59 >>GWEN MILLER: Tampa City Council is called back to
18:07:00 order.
18:07:01 Roll call.
18:07:05 >>LINDA SAUL-SENA: Here.
18:07:06 >>SHAWN HARRISON: Here.
18:07:08 >>MARY ALVAREZ: Here.
18:07:09 >>GWEN MILLER: Here.
18:07:11 Marty McDonald?
18:07:15 Would you please turn the music office?
18:07:17 Thank you.
18:07:19 >>MARTY BOYLE McDONALD: Land development.
18:07:21 Christmas has come early.
18:07:27 I cleared the agenda.

18:07:28 Item number 4, VO 6-37.
18:07:32 Petitioner is here but he is also asking for a
18:07:35 continuance in order to be able to work with some of
18:07:38 the neighborhood people and clear up some information
18:07:42 on the elevations, and they are asking for a
18:07:44 continuance to January 25th, '07.
18:07:49 >>GWEN MILLER: Sounds good.
18:07:53 >>MARTIN SHELBY: And all these dates you are going to
18:07:55 be giving to council are acceptable?
18:07:59 >>> That's correct.
18:07:59 Would you not be breaking your rules.
18:08:01 >> So moved.
18:08:02 >> Second.
18:08:02 >>GWEN MILLER: Is there anyone in the public that came
18:08:04 to speak on item number 4 that wants to speak on the
18:08:06 continuance?
18:08:06 >>MARY ALVAREZ: So moved.
18:08:11 >> Second.
18:08:11 (Motion carried).
18:08:11 >>MARTIN SHELBY: That's January 25th of 2007 at 6
18:08:14 p.m
18:08:16 Thank you.

18:08:17 >>MARTY BOYLE McDONALD: Item number 6 cannot be heard.
18:08:20 They misnoticed.
18:08:22 They have paid their amendment fees.
18:08:24 The next available date for a new case would be
18:08:27 January 25th, '07.
18:08:30 6 p.m.
18:08:33 >> So moved.
18:08:34 >> Second.
18:08:34 (Motion carried).
18:08:35 >>GWEN MILLER: January 25th at 6 p.m.
18:08:38 (Motion Carried).
18:08:40 >>MARTY BOYLE McDONALD: They previously came before
18:08:42 council and asked for December 14th date.
18:08:45 But that had already been taken care of through the
18:08:48 city clerk's office.
18:08:50 >>MARTIN SHELBY: I'm sorry, number 7 is removed from
18:08:52 the agenda then?
18:08:54 >>SHAWN HARRISON: So moved to remove that from the
18:08:56 agenda.
18:08:58 >> Second.
18:08:58 (Motion Carried).
18:08:59 >>MARTY BOYLE McDONALD: Item number 8,Z 06-122, they

18:09:05 also sent a letter asking for a continuance.
18:09:08 >>GWEN MILLER: Need to open it.
18:09:09 >> So moved.
18:09:10 >> Second.
18:09:10 (Motion carried).
18:09:14 >> Is there anyone in the public that came to have
18:09:16 speak on 8?
18:09:17 You can speak on the continuance.
18:09:20 >>SHAWN HARRISON: Move to continue to January
18:09:21 11th.
18:09:27 >>MARTY BOYLE McDONALD: No breaking of the rules.
18:09:33 >>MARTIN SHELBY: I'm sorry, the motion?
18:09:35 There was a motion on that, January 11th.
18:09:42 I'm sorry, thank you.
18:09:43 >>> Item 10.
18:09:46 Z 06-124.
18:09:49 The next available date for a new case is February 8,
18:09:53 '07.
18:09:54 6 p.m.
18:09:54 (Motion Carried).
18:10:04 >>GWEN MILLER: We need to open item number 2.

18:10:06 >> So moved.
18:10:07 >> Second.
18:10:07 (Motion carried).
18:10:08 >>GWEN MILLER: Anyone in the public that's going to
18:10:17 speak on item number 2, number 3, number 5, number 9,
18:10:21 and number 11, would you please stand and raise your
18:10:24 right hand?
18:10:25 >>LINDA SAUL-SENA: Given that we have such a
18:10:45 relatively small council here tonight, people arrived
18:10:48 to ask for a continuance before their case is heard.
18:10:53 Because it would have to be unanimous.
18:10:55 >>MARTIN SHELBY: And council, I would point out
18:10:58 obviously with only four council members, any action
18:11:02 in this case, both for or against, regardless, would
18:11:05 require a unanimous vote, which is an exceedingly high
18:11:09 burden on the petitioner.
18:11:12 And because of that, I don't believe any request for a
18:11:15 continuance would be out of order.
18:11:17 Also, council, if council does choose to go forward,
18:11:22 and has it continued for whatever reason, it would
18:11:26 also put the new council members in a position of
18:11:28 having to review the record and come back.

18:11:31 So there's an advantage in having a full council when
18:11:36 it's initially heard.
18:11:37 If those petitioners wish to do so.
18:11:39 Again, it is also their right to go forward tonight,
18:11:42 if they so choose.
18:11:46 >>LINDA SAUL-SENA: Thank you.
18:11:46 >>MARTIN SHELBY: Mr. Bentley, what number do you
18:11:54 represent?
18:11:56 >> Number 3.
18:11:59 My question would be, if there's a continuance, what
18:12:01 date it would be continued to?
18:12:03 >>MARTIN SHELBY: Would you like to address that now?
18:12:08 Are there any other petitioners who would contemplate
18:12:11 asking for continuance early on?
18:12:23 >>MARTY BOYLE McDONALD: I don't know if there's anyone
18:12:24 here in opposition, they could move it to a daytime
18:12:27 hearing.
18:12:28 I know you like to hear it at night first.
18:12:30 The next available for nighttime hearing, taking the
18:12:41 actions, wouldn't be until February 22nd, 2007.
18:12:50 >>MARTIN SHELBY: If council wishes to do so, it can
18:12:53 choose, given the special circumstances that it finds

18:12:58 itself in, to waive the rules to allow an additional
18:13:01 hearing earlier because sometimes things do drop off
18:13:07 and because it's a very unusual situation that council
18:13:10 finds itself in they may be able to waive the rules to
18:13:13 give additional consideration to these petitioners.
18:13:17 >>GWEN MILLER: He didn't ask for a continuation, he
18:13:20 wanted to know what date.
18:13:21 >>MARK BENTLEY: Can I ask another situation?
18:13:24 Our situation, item number 3, there is no opposition.
18:13:27 I would say there's a lot of support.
18:13:29 Would it be a possibility to roll it over to next
18:13:31 week?
18:13:33 >>GWEN MILLER: You don't want to hear it tonight if
18:13:36 there's no opposition?
18:13:41 >> Well, the staff has objections.
18:13:42 And if I were you, I would want a fuller council.
18:13:46 >>MARY ALVAREZ: I would recommend it for every one of
18:13:50 them.
18:13:51 >>LINDA SAUL-SENA: Anyway, couldn't we do it in the
18:13:54 day?
18:13:54 I move to waive the rules to allow Mr. Bentley to
18:13:57 schedule this for a day meeting, given that there's no

18:14:00 one from the community in opposition.
18:14:03 >>GWEN MILLER: Is there anyone in the public to speak
18:14:07 on item number 3?
18:14:11 >> Depending on the day, we have some contractual
18:14:14 obligations.
18:14:16 >>GWEN MILLER: Ms. McDonald, if it was a day meeting?
18:14:20 >>MARTY BOYLE McDONALD: I would have to talk to the
18:14:21 city clerk on a day meeting to see the schedule.
18:14:25 What about next Thursday?
18:14:32 The next one is the 14th.
18:14:36 >>THE CLERK: Your second public hearing on the
18:14:45 brownfield designation.
18:14:47 On that night you have nine land rezonings, two
18:14:50 continued land rezonings and two closures.
18:14:55 >>MARTIN SHELBY: You can continue it to the evening.
18:14:58 >>THE CLERK: The day meeting we have two appeal
18:15:00 hearings 10:00, closure at 10, brownfield at 10.
18:15:12 >> In speaking with Tony Garcia, he realized on your
18:15:16 night meeting on December 14th, he knows of a
18:15:18 couple misnotices that have taken place that would --
18:15:24 >>LINDA SAUL-SENA: Why don't we move to continue this
18:15:27 to the December 14th at 6 p.m.?

18:15:30 Would that work for petitioner?
18:15:31 >>MARTIN SHELBY: I suspect we will have a full council
18:15:43 on the night of the 14th.
18:15:44 I cannot say with certainty, but I suspect you will.
18:15:46 >>LINDA SAUL-SENA: Or more than four.
18:15:49 >>GWEN MILLER: We will go ahead.
18:15:52 Number 2.
18:15:53 We'll go ahead to number 2.
18:15:58 >>MARTY BOYLE McDONALD: Item number 2, Z 06-75. The
18:16:04 request is Euclidean.
18:16:05 You will not have a site plan. The request is going
18:16:07 from RS-60 to an RS-50.
18:16:11 2819 west Bay Avenue.
18:16:14 And the request is so they can build two lots.
18:16:21 The site consists of 50-foot plotted lots, lots 15 and
18:16:26 14, lot 33 of Interbay.
18:16:30 The homes along the west Bay Avenue, along block 3,
18:16:35 appear to maintain a -- also being Euclidean, the
18:16:42 construction must adhere to all rules of Tampa
18:16:45 development of regulations.
18:16:47 There is a comment from our landscape specialist, just
18:16:51 stating that she realizes this is a Euclidean request,

18:16:55 and compliant with the tree and landscape code, will
18:17:00 take place at time of permitting, and petitioner needs
18:17:04 to be aware that there are some on-site off-site
18:17:07 trees, and letting them know of the protective radius
18:17:10 that they'll have to meet.
18:17:16 On the Elmo --
18:17:17 >>GWEN MILLER: Is it working now?
18:17:18 It's working now.
18:17:19 Okay.
18:17:25 This is west Bay Avenue.
18:17:29 And Dale Mabry.
18:17:31 And this is the subject site.
18:17:33 You will see right next to it there was previous
18:17:36 rezonings to RS-50 to create two buildable lots.
18:17:42 On the aerial we have before you, we always use the
18:17:46 nonconforming versus conforming.
18:17:49 I believe it's nonconforming.
18:17:51 If you look on lot 43 of the subject site, there is, I
18:17:57 believe, the percentages on that block of
18:18:01 nonconforming at 70% on blocks 25, 26 and 28.
18:18:07 The percentage of nonconforming lots, 77%.
18:18:12 And on block 34 to the west of the site, there is a

18:18:16 91% nonconforming.
18:18:25 Briefly, this is the subject site.
18:18:31 This is looking to the subject site to the east.
18:18:37 The bottom picture is the subject site looking west.
18:18:42 And this is just a view of the subject site and the
18:18:47 parking lot to the west.
18:18:56 Staff has no objection to this Euclidean rezoning.
18:19:02 >>GWEN MILLER: Planning Commission.
18:19:05 >>TONY GARCIA: Planning Commission staff.
18:19:06 I have been sworn.
18:19:07 Just a couple other comments.
18:19:09 The latest designation is residential 10 for the site
18:19:12 in question.
18:19:13 This particular site over here on the zoning map, this
18:19:19 particular parcel, has been slit from RS-50 zoning
18:19:22 over here. This parcel had come before you for RS-50
18:19:26 but they had to withdraw.
18:19:40 Pretty consistent with the pattern of what's going on
18:19:42 for this particular site.
18:19:49 This is a church.
18:19:51 This is a church's parking lot.
18:19:57 This is in proximity to Dale Mabry.

18:20:01 Very consistent with the RS-50 as far as what you see
18:20:04 with the existing.
18:20:06 You can see the platting of these lots which are quite
18:20:11 uniform in their own respect.
18:20:14 Again differentiate the RS-50.
18:20:18 Planning Commission staff has no objections.
18:20:20 >>GWEN MILLER: Petitioner?
18:20:30 >> I'm Mickey Robinson -- Nikki Robinson, petitioner.
18:20:45 Mine doesn't look as nice but you can see the blue lot
18:20:49 is my lot.
18:20:50 And the one in green is already zoned RS-50.
18:20:53 And then the red is a neighbor of mine.
18:20:58 And they have an active petition.
18:21:00 I think they are here in January to do the same thing
18:21:03 to rezone.
18:21:04 And right off of Dale Mabry on the east side.
18:21:15 >>CHAIRMAN: Is there anyone in the public that wants
18:21:17 top speak on item number 2?
18:21:19 >>MARY ALVAREZ: Move to close.
18:21:20 >> Second.
18:21:20 (Motion carried).
18:21:21 >>LINDA SAUL-SENA: I was just going to ask Marty, in

18:21:26 the future, when you make these maps, if something
18:21:28 isn't residential, you say it's conforming but it's
18:21:31 like a church, don't make it the same color because
18:21:34 it's kind of -- trying to figure it out.
18:21:39 >>> That's a very good observation.
18:21:41 >>MARY ALVAREZ: Move an ordinance rezoning property in
18:21:44 the general vicinity of 3819 west Bay Avenue, city of
18:21:47 Tampa, Florida, more particularly described in section
18:21:49 1 zoning district classifications RS-60 residential
18:21:54 single family to RS-50 residential single family
18:21:57 providing an effective date.
18:21:57 >>GWEN MILLER: I have a motion and second.
18:21:59 (Motion carried).
18:22:02 Mr. Bentley, are you ready?
18:22:04 >>MARK BENTLEY: Yes, ma'am.
18:22:07 We are prepared to proceed.
18:22:09 Is staff going to go first?
18:22:11 >>GWEN MILLER: Okay.
18:22:15 >>MARTY BOYLE McDONALD: Land development.
18:22:40 I have been sworn.
18:22:40 V 06-86.
18:22:42 The property address is 1308 east 4th eve and east

18:22:50 Fifth Avenue.
18:22:51 The request is going from a YC-6 community commercial
18:22:54 to a YC-9.
18:22:56 A site plan control that will include mixed use,
18:22:58 multifamily residential, professional office, and
18:23:01 retail.
18:23:03 As you note on the staff report, there are five
18:23:06 waivers.
18:23:12 Landscape and tree planting requirements.
18:23:15 Buffering and screening requirement.
18:23:18 Tree removal and replacement and tree trimming.
18:23:21 50% of existing trees.
18:23:24 And to reduce the width of the drive aisle from 26 to
18:23:29 24 feet.
18:23:31 The site is approximately one acre.
18:23:38 Mixed use.
18:23:39 There's a site plan that states the project may
18:23:41 consist of any combination of professional office,
18:23:43 retail and residential not to exceed under lying land
18:23:57 use.
18:23:58 A maximum height of 51 feet.
18:24:01 The structure will have a zero foot building setback

18:24:03 on all sides.
18:24:05 The site plan commits to 12,728 square feet of green
18:24:09 space.
18:24:11 Ingress and egress to the parking garage is off of
18:24:13 14th street with egress only on 4th Avenue.
18:24:17 The parking rate layout will vary depending on the use
18:24:21 scheme.
18:24:22 For office use, only 59 spaces are provided for mixed
18:24:26 use.
18:24:27 65 spaces are provided.
18:24:29 You do have some structural elevation in which the
18:24:34 Barrio Latino has reviewed, and they committed on the
18:24:38 site plan, they acknowledge the compliance with the
18:24:40 Ybor City district regulation.
18:24:43 There is a standing objection from transportation.
18:24:46 They object to the reduction in the number of the
18:24:48 parking spaces from 91 to 59.
18:24:51 They felt that a 35% reduction wasn't excessive.
18:24:57 From Land Development Coordination, landscape
18:24:59 specialist itself, they have a technical objection
18:25:02 within the plan.
18:25:05 She also noted the developer had mitigated the impact

18:25:08 of these waivers through the landscape in lieu fee for
18:25:12 the green space and buffer reduction.
18:25:14 In addition, the removal of 12-inch tree is being
18:25:18 mitigated by planting four 6-inch trees on the
18:25:21 proposed park area at the northwest corner of 14th
18:25:24 and 5th Avenue.
18:25:28 If I can show you on the Elmo, 4th Avenue and
18:25:43 5th Avenue.
18:25:46 Also on the aerial, it shows you the site with the
18:25:50 railroad, the substation, warehouse.
18:25:56 There's a warehouse on-site.
18:25:57 And I will show you that.
18:26:02 This is a picture of the subject site.
18:26:05 This is the view from 4th Avenue looking at the
18:26:08 subject site.
18:26:11 Just south of the site.
18:26:13 >>MARK BENTLEY: I apologize.
18:26:30 I didn't see her go through the whole presentation.
18:26:34 Forgive me for. That but based on information
18:26:36 provided your legal council, we would like a
18:26:39 continuance to the 14th.
18:26:41 We didn't realize that the new council was going to be

18:26:46 up to speed next Thursday.
18:26:47 I guess it will be a full council.
18:26:48 And then Mr. Harrison mentioned he's going to be out
18:26:50 of town, and the new members aren't going to have the
18:26:53 opportunity to review the record, which would be
18:26:56 virtually impossible between nine and ten in the
18:26:58 morning, you know.
18:27:01 >>GWEN MILLER: You want a continuance to the morning?
18:27:06 >> Move to continue to 6 p.m.
18:27:07 >>GWEN MILLER: Well, in the morning --
18:27:11 >>> I prefer the morning.
18:27:12 >>GWEN MILLER: she was going to make a motion.
18:27:17 >>LINDA SAUL-SENA: But Mr. Garcia said several people
18:27:21 misfiled for the evening.
18:27:23 >>> I did review our scheduling book and we do note
18:27:27 there have been a couple of withdrawals and there is a
18:27:29 misnotice.
18:27:32 >>LINDA SAUL-SENA: I move to continue it to the
18:27:34 14th at 6 p.m.
18:27:36 >>MARK BENTLEY: evening is fine.
18:27:40 >>MARY ALVAREZ: Where were you when we were discussing
18:27:43 this?

18:27:44 >> I think in all fairness to Mr. Bentley with the
18:27:46 situation being the way it is, I wanted to be sure the
18:27:50 new members would not be up to speed.
18:27:53 It's very confusing the way things are.
18:27:57 And I brought to his attention the fact that in an
18:28:01 earlier case, there were an insufficient number of
18:28:04 votes it was continued to the 14th.
18:28:07 >>> Ms. Alvarez, I didn't realize until five minutes
18:28:09 ago.
18:28:11 Thank you.
18:28:13 >>GWEN MILLER: We have a motion to continue item
18:28:16 number 3 to the 14th at 6 p.m.
18:28:18 (Motion Carried)
18:28:19 >>GWEN MILLER: We need to open number 5.
18:28:34 >> So moved.
18:28:36 >> Second.
18:28:36 (Motion carried)
18:29:00 >>MARTY BOYLE McDONALD: Land development.
18:29:16 I have been sworn.
18:29:16 Item number 5.
18:29:18 Z-06-102.
18:29:21 This is a request from an RS-50 designation to a

18:29:25 planned development, medical office.
18:29:32 This is an existing building that is going to be
18:29:34 converted into an office.
18:29:36 There are two waivers, and that is from section 27-130
18:29:40 for buffering and screening to reduce the east buffer
18:29:43 from 15 to 3 feet.
18:29:46 They had no choice.
18:29:47 The building is existing.
18:29:49 It's how the property is laid out.
18:29:51 Also section 27-130, the waiver of the required 6-foot
18:29:56 masonry wall along the east property line, got a
18:30:02 letter from the neighbors stating they have no problem
18:30:04 with that request.
18:30:07 The address is 2804 West Virginia Avenue.
18:30:10 And it is to convert a 910 square feet 1-story
18:30:15 single-family structure to professional medical
18:30:17 office.
18:30:18 There will be no additions to the existing structure.
18:30:21 Six parking spaces including one ADA space is
18:30:25 provided.
18:30:25 To the north of Virginia Avenue, a medical office.
18:30:29 To the west is a medical office.

18:30:31 To the south is a medical office.
18:30:32 And to the east is a single-family residence.
18:30:35 The applicant is requesting a waiver, like I said, to
18:30:38 the east buffer line from 15 to 3 feet.
18:30:42 Under findings of fact staff finds no objections to
18:30:45 this.
18:30:46 Under the Tampa comprehensive plan, we site the major
18:30:50 medical objectives, A-4, talking about locating
18:30:54 medical facilities within the area located around St.
18:31:00 Joseph's hospital.
18:31:01 If I can show you on the Elmo, this is the site.
18:31:09 This is the site, and this is a home right next to it.
18:31:17 This is a view looking east from Virginia.
18:31:22 This is directly across the street from the site,
18:31:28 parking space across the street. This is adjacent to
18:31:32 the west.
18:31:35 This is also adjacent to the west, the very next
18:31:39 property over.
18:31:40 This is a view looking west on Virginia.
18:31:45 This is across the street with a medical office there.
18:31:54 I would just show you on the Elmo, all the activities
18:31:57 that have taken place in this area.

18:31:59 This is Virginia.
18:32:04 And there's been PD, all zoned within this area.
18:32:13 Land development staff has no objection to this
18:32:15 petition.
18:32:21 >>TONY GARCIA: Planning Commission staff.
18:32:22 I have been sworn.
18:32:26 A couple of additional comments.
18:32:28 The land use residential 10 which in most cases would
18:32:31 not allow consideration of this use, but as Ms.
18:32:35 McDonald had stated there is specifically a policy,
18:32:37 policy A-4.1 of the land use element which does allow
18:32:41 consideration of office use in this particular area as
18:32:44 defined within the boundaries.
18:32:48 North of San Isabel street.
18:32:51 And of course you are rezoning that.
18:32:54 There's that alley.
18:32:55 Not withstanding the only other existing residential
18:32:58 in the immediate area would be these two residences
18:33:01 over here, which probably in the near future -- and
18:33:04 this is strictly an assumption on my part -- converted
18:33:10 to office use.
18:33:12 With the exception of that I don't think we are going

18:33:14 to see any other residential remain in the area.
18:33:17 Planning Commission staff has no objection to the
18:33:19 proposed request.
18:33:20 >>GWEN MILLER: Petitioner?
18:33:25 >> If I could speak real quickly.
18:33:27 Marty McDonald.
18:33:28 The staff report shows no objections.
18:33:30 However, speaking with stormwater, they wanted, if the
18:33:34 petitioner would go on record stating that even though
18:33:36 they show on their site plan retention and how they
18:33:40 are going to do retention, they wanted, if they could
18:33:44 go on record, stating that they would provide to the
18:33:50 City of Tampa system.
18:33:51 Obviously that will be looked at and reviewed at time
18:33:54 of permitting, the construction services, but they
18:33:57 would like the petitioner to go on record to state
18:34:00 that.
18:34:30 >>> Lori Cura, property owner.
18:34:34 I have been sworn.
18:34:34 Property owner at 2804 West Virginia.
18:34:37 Here this evening to request RS-50 to be rezoned to PD
18:34:41 usage for both professional and medical office.

18:34:46 As Marty stated, we are requesting two waivers, the PD
18:34:51 in lieu of masonry block wall, in addition to reducing
18:34:57 buffers from 15 feet to 3 feet on the east side of the
18:34:59 property, which is adjacent to residential properties.
18:35:03 And I have a letter of support from the residential
18:35:06 property owner.
18:35:08 I submitted a letter to Ms. Lamboy dated August
18:35:13 24th with regard to elevation.
18:35:16 We would be making minimal changes to the outside of
18:35:19 the property, just changing the wrought iron columns
18:35:26 to say -- with the West Tampa neighborhood changing
18:35:32 the windows, the doors, and some of the repairs have
18:35:34 already been completed.
18:35:37 The parking, I believe, has been met.
18:35:43 We have two spaces in the front, handicapped space,
18:35:48 wheelchair ramp, two compact spaces in the rear and a
18:35:54 standard space.
18:35:55 It is our intent to remove the carport, and a 10 by 13
18:36:03 here in the back to provide access to the rear of the
18:36:05 property.
18:36:09 Other than that, there will not be any other
18:36:11 structural changes, other than cosmetic.

18:36:18 As far as water retention, we have two options.
18:36:22 At this time we do not have a topographic survey and
18:36:25 we are not sure which way the property drains from
18:36:28 back to front.
18:36:29 So we provided for 260 cubic feet in the rear of the
18:36:37 property should the topographic survey come back that
18:36:40 the property does drain to the rear of the property.
18:36:42 If it drains to the front of the property, then we
18:36:44 have also provided for 260 cubic feet either
18:36:49 underground retention in the front of the property.
18:36:51 And we will provide a outfall to the City of Tampa
18:36:57 system.
18:36:57 There remains one oak tree in the rear that's
18:37:00 protected, 8.5 inches.
18:37:02 And we have provided for protective radius.
18:37:07 In addition, we would like to preserve the residential
18:37:09 use of the property at this time.
18:37:19 I believe we have met all the requirements for three
18:37:23 spaces as well as landscaping.
18:37:29 Lastly all the property as mentioned, surrounding
18:37:33 property, to provide a letter of support.
18:37:42 >> Is there anyone in the public that wants to speak

18:37:44 on item 8?
18:37:46 >> Move to close.
18:37:47 >> Second.
18:37:47 (Motion carried).
18:37:48 >> Move an ordinance rezoning property in the general
18:37:59 vicinity of 2804 West Virginia Avenue in the city of
18:38:02 Tampa, Florida and more particularly described in
18:38:04 section 1 from zoning district classifications RS-50
18:38:08 residential single family to PD, planned development,
18:38:10 professional office and medical office, providing an
18:38:12 effective date.
18:38:14 >>GWEN MILLER: We have a motion and second.
18:38:15 All in favor of the motion say Aye.
18:38:16 (Motion carried)
18:38:18 Need to open item number 9.
18:38:20 >> So moved.
18:38:21 >> Second.
18:38:21 (Motion carried)
18:38:22 >>MARTY BOYLE McDONALD: Item number 9, Z 06-123.
18:38:50 You will not have a site plan. This is Euclidean
18:38:52 request.
18:38:53 The request is to go from RS-60 to RS-50 residential

18:38:56 single-family to create two lots.
18:39:03 The lots on this block were plotted -- platted at 66
18:39:08 by 98.
18:39:10 And that is the Marjorie Hamner.
18:39:18 It's a minimum of 5,000 square feet.
18:39:22 Block 34 will contain 68.17 feet of frontage.
18:39:27 So that actually meets the frontage of the RS-60.
18:39:32 However it's only 9 feet deep so it does not meet
18:39:36 the minimum standard of 5,000 square feet.
18:39:41 Lot 33 will have 63 feet of frontage.
18:39:44 But also 98 feet deep.
18:39:47 So it will have approximately 5,235 square feet.
18:39:52 That is the reason for the request.
18:39:55 If you look on the Elmo, this is RS-60 in this area.
18:40:05 We have NINA and Albany.
18:40:14 A view of the subject site.
18:40:16 Here's the existing house.
18:40:18 This is the lot right next door to the existing house.
18:40:21 So it goes lot 34 and lot 33.
18:40:27 This is a view down Paris to the east.
18:40:36 This is a home across the street.
18:40:38 And a view west.

18:40:40 If you will look on the Elmo, that's the conforming
18:40:46 versus nonconforming.
18:40:48 This is the subject site.
18:40:50 And you will see that block 1, nonconforming lot,
18:40:58 approximately 18% of lots have been developed as
18:41:03 platted with 60-foot width but create less than 6,000
18:41:07 square feet.
18:41:09 So the percentage is great on lots 2 for
18:41:16 nonconforming.
18:41:17 But as you drive down the street, the underlying is RS
18:41:22 0.
18:41:23 One lot will be 68 feet frontage and one will be 53
18:41:27 feet.
18:41:28 So the feel will feel like it's conforming to RO 60.
18:41:35 However because of the depth, on the Elmo, you will
18:41:38 see it doesn't go back as far as the other lot.
18:41:42 And that is the reason for the request.
18:41:46 Staff has no objections to this request.
18:41:49 >>GWEN MILLER: Marty, what's on the north of there?
18:41:56 It looks like it's got a rounded track there.
18:42:02 >> That is a school.
18:42:03 And I had some comments to find out what school it was

18:42:08 and I did not.
18:42:09 I'm sorry.
18:42:10 >> Is NINA Avenue close to --
18:42:13 >> The petitioner perhaps might know the name of the
18:42:15 school.
18:42:17 Yes, this is Albany.
18:42:18 Armenia is just off of the aerial.
18:42:32 Oak Grove is a middle school, is that correct?
18:42:35 Oak Grove?
18:42:36 >>TONY GARCIA: Planning Commission staff.
18:42:43 I have been sworn.
18:42:45 Oak Grove.
18:42:50 Armenia is directly to the west.
18:42:52 It's just outside of the picture here.
18:42:56 And Hanna is on the far east side.
18:43:02 I believe it has been incorporated into the
18:43:09 neighborhood association.
18:43:12 I do not recall, it was actually incorporated into the
18:43:17 neighborhood association.
18:43:17 But it is the one in closest proximity.
18:43:22 The future land use map is predominantly single family
18:43:25 detached residential.

18:43:26 There's residential 10, this color over here.
18:43:28 And as you can see how the lots are.
18:43:37 As far as the depth is concerned with this particular
18:43:41 parcel and how it will be split up, it will still give
18:43:44 the character, like she said, the interface of that
18:43:52 R-60 flavor.
18:43:54 It's just a little short.
18:43:55 It still meets the overall intent.
18:43:57 I think the desires of the neighborhood, as you know
18:43:59 from previous rezonings that we have had, where these
18:44:03 people have come out from the Riverside area, that
18:44:06 have desired to maintain the single-family detached
18:44:09 character for this particular look so this is pretty
18:44:14 much in character with the density and the look.
18:44:17 Planning Commission staff has no objections to the
18:44:19 proposed request.
18:44:20 >>GWEN MILLER: Petitioner?
18:44:21 >>MARTY BOYLE McDONALD: Land development.
18:44:25 I have to interrupt again.
18:44:26 It's not an objection but it's an observation and at
18:44:30 time of permitting it would have to be taken into
18:44:32 consideration.

18:44:35 Please note, however, there is a 38.5-inch oak next to
18:44:39 the existing residence on the house that is existing.
18:44:44 They will need to be considered in the proposed
18:44:46 development.
18:44:46 The tree requirement, protective radius of 20 feet.
18:44:50 Just asking at time of permitting that they work with
18:44:53 parks and recreation.
18:44:54 So going on the record letting them know that.
18:44:56 Also there's a 31-inch oak on the rear that has severe
18:45:01 lightning damage and should be removed.
18:45:06 They do have enough width and with 7-yard side yard
18:45:11 set back they should have been able to work a home
18:45:14 around those.
18:45:16 >>CHAIRMAN: Petitioner?
18:45:20 >>> My name is Mark Hartley, and I have been sworn.
18:45:25 I have a copy of the survey that I could show you.
18:45:28 They have done a pretty good job of explaining what
18:45:31 happened, or what the case is.
18:45:35 I can't offer any more light on what happened.
18:45:37 But we can see where the property line, with all the
18:45:41 other lots, on the rear there.
18:45:43 For some reason, these lots part of their rear yard.

18:45:52 >>LINDA SAUL-SENA: I feel it's been explained.
18:45:56 >>CHAIRMAN: Anyone else to speak on number 9?
18:46:00 >> Move to close.
18:46:01 >> Second.
18:46:01 (Motion carried)
18:46:09 >>LINDA SAUL-SENA: Move an ordinance rezoning property
18:46:12 in the general vicinity of 2111 west Paris street in
18:46:15 the city of Tampa, Florida more particularly from
18:46:18 district classifications RS-60 residential single
18:46:21 family to RS-50 residential single family, providing
18:46:25 an effective date.
18:46:25 >>GWEN MILLER: I have a motion and second.
18:46:27 All in favor of the motion say Aye.
18:46:28 Opposed, Nay.
18:46:30 (Motion Carried)
18:46:32 Open number 11.
18:46:32 >> So moved.
18:46:34 >> Second.
18:46:34 (Motion carried)
18:46:47 >>MARTY BOYLE McDONALD: This is Z 06-125.
18:46:50 As if T information gets tossed around there is a copy
18:46:53 of a revised staff report.

18:46:54 And I will point out in just a minute if you will bear
18:46:57 with me.
18:46:57 This request is to go in from an RS-50 single-family
18:47:02 zoning district to a PD, single family detached.
18:47:07 The request, if you rezone the property at 1017 east
18:47:12 Crenshaw, to create a buildable lot.
18:47:15 The petitioner is intending to split 100 by 106 parcel
18:47:19 into two lots.
18:47:20 The lots were 9 and 20, 0 by 106 lots.
18:47:28 The existing home will remain on the newly created
18:47:31 lot, and the lot line, if you can look at the site
18:47:33 plan, will actually jog around the existing garage.
18:47:45 The property is syed in an RS-60 zoning district
18:47:49 surrounded by single-family homes. The PD setbacks on
18:47:52 the site plan is as follows: 16 feet front, range
18:48:00 from 5 to 7 to 9 side yard setback.
18:48:03 The proposed side yard setback is in compliance with
18:48:07 the block averaging in the Seminole Heights overlay.
18:48:11 They require front yard averaging.
18:48:13 Petitioner submitted front building elevations of the
18:48:16 proposed structure.
18:48:18 The staff report that you got sent to you has several

18:48:23 comments and objections on it.
18:48:25 There was a staff error in which there had been a
18:48:29 revised site plan submitted, but never got distributed
18:48:34 and wasn't accounted for.
18:48:36 The petitioner was able to verify to us that he
18:48:40 submitted it by people who realized that they had
18:48:43 taken it in.
18:48:44 So they had effectively got it to us in plenty of
18:48:47 time, but we did not have record of it.
18:48:50 So we got the revised plan, land development manager
18:48:54 gave permission for it to be counted, and that's the
18:48:58 reason for the new staff report.
18:49:02 The new staff report shows only one objection.
18:49:05 And that is just need to add a note of compliance with
18:49:08 the City of Tampa stormwater technical standard to the
18:49:11 plan.
18:49:12 However, you know as they go through permitting, they
18:49:15 will have to meet all of that code.
18:49:18 They do meet all of the general building standards as
18:49:22 required within the Seminole Heights residential Jove
18:49:25 lay district.
18:49:28 They cannot do an attached garage on the proposed lot,

18:49:33 because there is a huge, beautiful oak tree in the
18:49:35 back, and they need to stay clear of that.
18:49:39 Parks and recreation and Mary has felt assured that
18:49:43 they will meet those standards.
18:49:45 Also, if I show you on the aerial, Nebraska is just to
18:49:56 the west of this site.
18:50:10 The lot lines will jog around.
18:50:14 And the garage.
18:50:14 This is a view of the vacant lot next to it.
18:50:20 That huge tree in the back.
18:50:23 This is ooh home directly across the street.
18:50:25 This is a view of Crenshaw.
18:50:28 I believe you have a copy of the elevations.
18:50:32 I know they have taken the Seminole Heights overlay
18:50:36 and they meet all the standards.
18:50:40 Staff has no objections except for the one note being
18:50:45 added stormwater added.
18:50:56 >>TONY GARCIA: Planning Commission staff.
18:50:57 I have been sworn.
18:50:58 Just a couple of extra comments.
18:51:10 This particular area of Old Seminole Heights is on the
18:51:12 east side of Nebraska, north of Sligh.

18:51:19 Just south of the Hillsborough River.
18:51:23 It's really, really nice, a lost trees.
18:51:26 And over here, if you look, I wanted to you see this
18:51:30 because of the number of trees in it.
18:51:34 I wanted to take a second to talk about this, all the
18:51:37 trees.
18:51:39 So if you see the parks location.
18:51:41 What I am trying to drive at over here, you see these
18:51:44 lines over here.
18:51:46 Some of these lots are going to be faced with the same
18:51:49 situation as this.
18:51:54 You approved at the last hearing on Crenshaw.
18:51:59 There will be another one coming in that got continued
18:52:02 that got misnoticed.
18:52:03 We will be bringing another one to you that will be on
18:52:06 broad street, around here, a round here.
18:52:09 So what we are saying is -- we are seeing a pattern of
18:52:13 in-fill development that stays with in-fill, and also
18:52:18 going to be complying with the residential overlying
18:52:21 with Seminole Heights which as you know that
18:52:22 neighborhood association is very vigilant about the
18:52:24 character and the compliance for the buildings that

18:52:26 come into the area to provide these in-fill projects.
18:52:29 Planning Commission staff has no objections to this
18:52:31 proposed request.
18:52:32 >>GWEN MILLER: Petitioner?
18:52:45 >> Matthew Campbell.
18:52:46 I haven't been sworn, I'm sorry.
18:52:51 >>GWEN MILLER: Are you going to speak?
18:52:52 Would you raise your right hand so you can be sworn at
18:52:55 the same time?
18:52:55 (Oath administered by Clerk)
18:53:10 >>> As pointed out, I live on the house right behind
18:53:14 the zoning.
18:53:16 And actually own another house.
18:53:29 How do you get this?
18:53:31 >>GWEN MILLER: Just lay it there. It will come on.
18:53:33 There it is.
18:53:37 >>> On the map here at 12th it's actually the same
18:53:41 model home being built currently.
18:53:43 And the neighborhood was built prior to the zoning
18:53:46 laws.
18:53:47 So those are the lots.
18:53:53 My last 50 feet by 106.

18:53:58 On the plan there's a few differences.
18:54:00 The fact that the driveway has plenty of room in
18:54:03 between the houses.
18:54:11 I really don't have much to add.
18:54:12 >>GWEN MILLER: Let's see if anyone wants to speak.
18:54:16 Does anyone want to speak on item 11?
18:54:29 >> Susan Rolland, 921 east broad street.
18:54:32 I'm on the board of Old Seminole Heights, also chair
18:54:35 of code enforcement.
18:54:36 Forgive me, I just ran up here.
18:54:42 This isn't the way I usually enter.
18:54:43 I apologize.
18:54:44 We just received a call from the neighbor who lives
18:54:46 just to the west of this property.
18:54:51 And she intended to come here tonight but her son was
18:54:53 taken ill so she couldn't come.
18:54:55 So we made the mad dash down to speak for her.
18:54:59 She's very much opposed to this.
18:55:01 She says it is way too close to her property the way
18:55:05 her house is built.
18:55:10 Her house would be very close and she's very concerned
18:55:12 about this.

18:55:13 She asked that we come down and object to it for her.
18:55:19 >>GWEN MILLER: Petitioner, do you want a rebuttal?
18:55:21 Do you want to say something?
18:55:29 >> The driveway to the west.
18:55:32 The driveway, it's showing 13 feet from the actual
18:55:36 building to the property line.
18:55:38 And then obviously her house is several feet from
18:55:41 there.
18:55:49 That's more than enough room.
18:55:52 >>SHAWN HARRISON: I was going to ask staff to confirm.
18:55:57 >>> The current zoning district is 7 feet.
18:56:02 It's set back 13 feet from the property line.
18:56:06 And I'm not sure how far -- the person who lives on is
18:56:14 objecting.
18:56:15 But there is 13 feet there.
18:56:17 >>SHAWN HARRISON: So the person next to it is
18:56:20 objecting should be at least 7 feet away from the
18:56:23 property line because that's the setback, right?
18:56:25 So they have a variance on that.
18:56:27 >>> Well, some of your older neighborhoods were built
18:56:29 when it was 3 to 5-foot setback.
18:56:34 I'm not sure what the setback is.

18:56:35 I do, however, you know, he could go to 7 feet
18:56:39 setback.
18:56:40 And he's at 13.
18:56:43 >>LINDA SAUL-SENA: I wanted to ask if there's any
18:56:45 vegetation between you and the neighbor.
18:56:48 >>> No.
18:56:49 There's a grand oak in the back.
18:56:51 I met with Dave Riley who posted out where the
18:56:55 house -- the house is far enough away.
18:56:58 And a little bit of pruning required.
18:57:01 >>LINDA SAUL-SENA: We are going to have two hearings
18:57:12 on this.
18:57:13 And my thought is that between now and the next
18:57:19 hearing, I am personally going to try to go and take a
18:57:22 look at it because I just don't know it offhand.
18:57:25 And I would encourage the neighbor to come -- we'll
18:57:29 know the date of the next hearing to come and speak
18:57:31 for themselves.
18:57:32 And in the meantime, there will be other council
18:57:34 members who will have a chance to go and take a look
18:57:37 at it also.
18:57:39 >>MARY ALVAREZ: Yes, and my question is, did you go to

18:57:41 the civic association when you presented your plans?
18:57:46 >>> This is the overlay.
18:57:48 I submitted it to the --
18:57:52 >> To the Old Seminole Heights?
18:57:54 >>
18:57:54 >> Seminole Heights district.
18:57:56 >> Were they agreeable to it?
18:57:57 I know you're a part of that.
18:57:59 Did they have an objection to it at the time?
18:58:03 >>> (off microphone)
18:58:12 >>LINDA SAUL-SENA: Instead of voting on this, what I
18:58:14 would really feel more comfortable with is continuing
18:58:17 this until we have more members.
18:58:18 I don't want to put this on first reading.
18:58:20 >>MARY ALVAREZ: I know, I don't.
18:58:22 >>LINDA SAUL-SENA: What I would like to do is continue
18:58:24 this to allow -- to an evening meeting, and to allow,
18:58:29 and to encourage the petitioner to bring it to the
18:58:31 neighborhood before we meet again.
18:58:37 That's the 14th at 6 p.m
18:58:41 So I move to continue this to the 14th at 6 p.m.
18:58:45 >>SHAWN HARRISON: Are you all right with that?

18:58:49 >>> Obviously.
18:58:51 For clarification, you want the Old Seminole
18:58:55 Heights --
18:58:57 >>GWEN MILLER: Find out when they are going to meet.
18:59:00 Are you supposed to be meeting again soon?
18:59:05 >>MARTIN SHELBY: I'm sorry, ma'am, if you could come
18:59:08 up to the microphone and put it on the record.
18:59:13 >>> The neighborhood association has a board meeting
18:59:14 on the 19th, a block from where your building is.
18:59:22 >>GWEN MILLER: We'll set it for the 14th.
18:59:28 Do you have a special meeting that he can come present
18:59:32 plans to you all?
18:59:33 >>> Yes.
18:59:34 And we'll work with him and find a time that works.
18:59:36 >>GWEN MILLER: We appreciate that.
18:59:38 We have a motion and second to continue this item to
18:59:41 December 14th at 6 p.m.
18:59:44 >>MARY ALVAREZ: So moved.
18:59:45 >> Second.
18:59:45 (Motion carried).
18:59:46 >>GWEN MILLER: Anything else to come before council?
18:59:51 We have a motion to receive and file all papers.

18:59:54 (Motion carried).
18:59:55 Harrison seconded.
18:59:57 >>LINDA SAUL-SENA: I want to make a happy announcement
18:59:58 that the museum has selected an architect.
19:00:01 And Stanley Saitowitz, from San Francisco, California,
19:00:17 to design a 120,000-square foot master plan, 60,000
19:00:18 square feet.
19:00:19 Full speed ahead.
19:00:20 >> Do we have a plan?
19:00:22 Did they give you a copy of it?
19:00:24 >>LINDA SAUL-SENA: Oh, no, this is just -- this is
19:00:28 just to select him.
19:00:33 >> Move to receive and file.
19:00:36 >> Second.
19:00:36 (Motion carried).
19:00:37 >>GWEN MILLER: Anything else?
19:00:38 We stand adjourned.
19:00:39 (Meeting adjourned)