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5 p.m. and 6 p.m. Public Hearings
Thursday, February 8, 2007

The following represents an unedited version of
realtime captioning which should neither be relied
upon for complete accuracy nor used as a verbatim
transcript. Because this document has not been
edited, there may be additions, deletions, and/or
words that did not translate correctly.

17:05:33 >>MARY ALVAREZ: It's my pleasure this afternoon to
17:05:37 introduce my competent aide, Desiree Valdes, to do the
17:05:43 invocation for us.
17:05:45 Please stand for the Pledge of Allegiance also.
17:05:48 >> Thank you.
17:05:49 Let us bow our heads.
17:05:51 Our heavenly father, tonight we offer a prayer of
17:05:55 gratitude.
17:05:55 We thank you for all the blessings of Tampa, our
17:05:58 beautiful city.
17:05:58 We are thankful for Tampa's natural beauty, gentle
17:06:02 climate, strength of community and opportunities for
17:06:04 work and play and her historic character.
17:06:07 Lord, we ask your favor on the hometown, its people

17:06:10 and government, we lift up these seven elected leaders
17:06:13 before you tonight and ask that you give them wisdom,
17:06:15 strength, and grace as they contend with the matters
17:06:18 before them.
17:06:19 Help them individually and collectively to offer wise
17:06:22 and fair solutions.
17:06:24 We pray for all the citizens who have business in
17:06:26 these chambers tonight and, Lord, we ask your
17:06:29 blessings and strength for Mayor Pam Iorio and her
17:06:32 family during this difficult time.
17:06:33 We also remember all those near and far risking their
17:06:36 lives in the service of democracy and freedom for our
17:06:40 safety here at home.
17:06:41 We ask that you watch over their families while they
17:06:44 are fighting for us and give them the strength of
17:06:46 support they give so freely to our men and women away
17:06:50 at war, for it is in your name, we pray.
17:06:53 Amen.
17:06:55 [pledge of Allegiance]
17:07:09 >>MARY ALVAREZ: Thank you, sister.
17:07:11 >>GWEN MILLER: Roll call.
17:07:14 >>CHARLES FLETCHER: Here.

17:07:16 >>LINDA SAUL-SENA: Here.
17:07:18 >>SHAWN HARRISON: Here.
17:07:19 >>MARY ALVAREZ: Here.
17:07:23 >>FRANK REDDICK: Here.
17:07:24 >>GWEN MILLER: Here.
17:07:26 We have some unfinished business from this morning.
17:07:29 We have second reading carried over.
17:07:32 Do you have it, clerk?
17:07:36 >>LINDA SAUL-SENA: Thank you.
17:07:37 I very much appreciate the petitioner coming back and
17:07:40 the staff.
17:07:41 I wanted to hear -- we had received a letter which I
17:07:43 entered into the record from the parkland civic -- the
17:07:48 parkland condo association requesting the petitioner
17:07:52 rather than using asphalt in the driveway, to use a
17:07:59 cellular confinement system.
17:08:01 I wanted to hear from Mr. Awad about your conversation
17:08:04 about that.
17:08:06 >> I was not present this morning.
17:08:09 Do the witnesses have to be sworn at this point?
17:08:12 Are you taking testimony?
17:08:13 Is the public hearing continued as open?

17:08:18 >>LINDA SAUL-SENA: Mr. Awad was not here this morning.
17:08:21 >>MARTIN SHELBY: Do you want to swear in anybody else
17:08:24 on this matter?
17:08:25 Anybody else taking any additional testimony.
17:08:33 Again, Council, with regard to this particular
17:08:36 hearing, if there are any written communications which
17:08:38 have been made available for public inspection prior
17:08:41 to this time, if they have to be received and filed,
17:08:43 is there anything else to be entered into the record
17:08:46 other than that document?
17:08:46 I take it that document was already entered into the
17:08:49 record.
17:08:50 Okay.
17:08:50 Again, Council, a reminder, if there have been any ex
17:08:53 parte communications to disclose the person, group or
17:08:56 entity with whom the verbal communication occurred and
17:08:59 the substance of that verbal communication.
17:09:01 Please for the record when you do testify, reaffirm
17:09:04 please that you have been sworn.
17:09:06 Thank you.
17:09:07 >> Alex Awad, stormwater department.
17:09:09 I have been sworn.

17:09:10 I read the letter that we received from the
17:09:14 association, and my concern with the issue of the
17:09:20 cellular confinement layer, they may be constructing a
17:09:25 vault underneath that parking lot.
17:09:26 Now, the design of this project is going to comply to
17:09:29 a higher standard than what is existing today.
17:09:32 >>LINDA SAUL-SENA: One would hope.
17:09:34 >> Absolutely.
17:09:35 So the issue with the cellular confining layer, if you
17:09:40 put it over a vault, then there's going to be a
17:09:43 concrete top to the vault.
17:09:45 So if you put the layer with dirt only, then it's not
17:09:49 going to hold where the vault will take place.
17:09:52 I was leaving it up to their engineer how they want to
17:09:55 design this thing in their parking lot.
17:09:59 So with that understanding that they are going to
17:10:03 develop this project to a higher standard than what is
17:10:06 existing on-site, I felt that they are going to make
17:10:11 the situation a little bit better than what it is
17:10:14 today.
17:10:16 >>LINDA SAUL-SENA: I have a question.
17:10:21 Obviously, we want to make the situation better than

17:10:24 what it is today.
17:10:25 We always want to do that.
17:10:26 And I believe what it says on the site plan is that
17:10:29 they will adhere to chapter 13 or whatever the
17:10:33 chapter.
17:10:36 Ms. Cole, are you listening?
17:10:37 I found that a very vague and broad concern because
17:10:42 basically Council is at one hand approving a very
17:10:47 specific building, which I think is very attractive
17:10:50 and very, you know, good design.
17:10:52 But on the other hand, we don't really know what's
17:10:55 going to happen in terms of stormwater.
17:10:57 Would it be possible for you all without changing the
17:11:00 site plan or anything like that, if they do construct
17:11:03 a vault, then they don't have to do this cellular
17:11:07 confinement thing.
17:11:08 If they don't construct a vault, to have them doing
17:11:11 something like that.
17:11:12 The concern is, and I'm familiar with it, that this
17:11:15 portion of swan and Matanzas floods.
17:11:19 Irregardless of the source of the flooding, we don't
17:11:22 want the new construction to worsen the situation.

17:11:24 And that's the concern.
17:11:26 So how can you reassure the neighborhood?
17:11:29 >> Well, barring stating it for the record tonight, we
17:11:34 could send an e-mail to the reviewing folks at the
17:11:37 construction services department or division, and have
17:11:39 them know when this project comes up that they are
17:11:43 going to meet that certain criteria that we discussed.
17:11:45 >>LINDA SAUL-SENA: That would be excellent.
17:11:47 Thank you.
17:11:53 >>ABBYE FEELEY: Abbye Feeley, Land Development.
17:11:55 I wanted to state there are several notes on the plan.
17:11:58 One does state that stormwater retention shall be
17:12:02 provided via underground storage vaulting.
17:12:05 Currently.
17:12:05 It is on the site plan right now that it will be
17:12:07 handled that way.
17:12:08 >>LINDA SAUL-SENA: If they found out that was a really
17:12:11 expensive thing to do so they decided they didn't want
17:12:13 do it, it wouldn't come back to Council.
17:12:15 It would be handled at the review level.
17:12:17 So the review people, if Mr. Awad sent that e-mail to
17:12:22 him would know if they decided not to do the vaulting

17:12:25 that maybe they do the other statement.
17:12:27 >> Is that an accurate statement?
17:12:30 If it's on the site plan and not able to be done.
17:12:34 Maybe Ms. Cole is listening to the question.
17:12:51 >>LINDA SAUL-SENA: Madam Chairman, while they are
17:12:53 talking, this is something that will come up later on
17:12:55 one of the site plans that I had asked staff about
17:12:58 this very issue.
17:12:59 It's something we kind of deal with vaguely.
17:13:01 And I think that clarity is a good thing.
17:13:03 >>MARY ALVAREZ: But Ms. Saul-Sena, I was always under
17:13:06 the impression that it was on the site plan.
17:13:08 And that's why we go through all the trouble of -- if
17:13:12 it's not on the site plan that we continue till it
17:13:16 gets to be on the site plan.
17:13:18 >> Ms. Saul-Sena, maybe I can clarify some on the
17:13:21 vault issue.
17:13:22 Normally, when it goes to the construction and our
17:13:26 criteria basically is if they are going from a
17:13:29 retention -- open retention pond to a vault, such that
17:13:33 a site plan APD site plan was approved with a
17:13:36 retention pond and then they decide, well, I don't

17:13:39 want to put a retention pond, I want to put it in the
17:13:42 vault.
17:13:42 Our opinion is, well, it's taken away from the
17:13:45 detraction that may affect people, the neighbors.
17:13:48 So if they put it in the vault, then we don't have, I
17:13:51 don't think the neighbors are going to argue that it's
17:13:52 in a vault.
17:13:53 But if they went from a vault to a retention pond,
17:13:56 then our folks have been told that they need to come
17:13:59 back for substantial deviation to Council because then
17:14:02 they are changing the site plan.
17:14:03 In this case, they may be putting in a vault whereby
17:14:06 it's underground, nobody will be affected.
17:14:09 Everything will be okay.
17:14:09 And nobody will notice it.
17:14:11 But if it's going the other way from vault to pond,
17:14:14 then there could be affected neighbors, and it changes
17:14:17 the site plan.
17:14:18 So we at that point told them you need to apply for a
17:14:23 substantial deviation.
17:14:23 >>LINDA SAUL-SENA: In my experience as a Council
17:14:25 member, we've never had anything come back to us.

17:14:29 That's why I assumed that it was just dealt with at
17:14:32 staff level.
17:14:35 >>CHARLES FLETCHER: Could you explain to me just
17:14:37 briefly how the city's stormwater requirements fit in
17:14:41 with the state or I guess if it was a large enough
17:14:45 project, federal permitting requirements, especially
17:14:47 the state stormwater requirements.
17:14:50 >> The Southwest Florida Water Management District is
17:14:52 the other state agency that looks at stormwater
17:14:56 projects.
17:14:57 Normally, they look at projects that are over two
17:15:00 acres or certain size of impervious area, which is
17:15:05 acreage of impervious.
17:15:07 Project this small they normally grant them an
17:15:10 exemption.
17:15:10 Now, that's where our requirements are more stringent
17:15:13 than the state requirements which in this case, we are
17:15:15 making it more stringent for the development because
17:15:19 they are going to develop it as if nothing was on the
17:15:22 property.
17:15:24 >>CHARLES FLETCHER: What then are they required to
17:15:26 hold on-site in terms of a storm event?

17:15:29 >> Normally, they would have to create a pond that
17:15:31 could hold a 25-year storm, outfall at a five-year
17:15:35 rate.
17:15:35 So the rate of going out to the city system is at a
17:15:38 five-year rate.
17:15:40 >>CHARLES FLETCHER: It's roughly comparable to what
17:15:43 the state permitting would require.
17:15:44 >> State is 25, 25.
17:15:46 You store 25 year storm and outfall at 25-year rate.
17:15:49 So ours no matter what is more strict than
17:15:52 S.W.F.W.M.D.
17:15:52 And S.W.F.W.M.D. normally requires for water quality
17:15:55 more than water quantity.
17:15:57 We are the ones who care about water quantity because
17:16:00 of the flooding issues that we have.
17:16:01 >>CHARLES FLETCHER: Thank you.
17:16:02 >>GWEN MILLER: Anyone else like to speak?
17:16:09 >> Good evening, Madam Chairman, members of Council.
17:16:11 My name is Mark Bentley.
17:16:12 As Alex indicated, we'll be held to a higher standard
17:16:15 as if it were vacant after development.
17:16:19 I think that's pretty significant.

17:16:20 I have been sworn.
17:16:22 >>MARTIN SHELBY: It came to my attention that maybe
17:16:24 somebody else who wished to speak -- I don't know if
17:16:27 you wanted to hear that from that person before
17:16:29 rebuttal.
17:16:30 >> I'll reserve opportunity for rebuttal.
17:16:32 I'll only take ten more seconds.
17:16:34 >>MARTIN SHELBY: I'm sorry to interrupt, sir.
17:16:36 >> Secondarily, if you look on the site plan, the
17:16:38 city's requirement for open space on this commercial
17:16:40 project is 20%.
17:16:42 And we're at 35%.
17:16:43 So we're substantially exceeding your minimum
17:16:46 requirement which here again will improve the
17:16:48 situation.
17:16:48 I reserve the opportunity for rebuttal.
17:16:51 Thank you.
17:16:51 Appreciate it.
17:16:52 >>GWEN MILLER: Anyone else like to speak?
17:16:56 >> I'm Marian Zach.
17:16:59 I have been sworn.
17:17:00 I look at the parkland.

17:17:01 And the Board of Directors asked me to represent them
17:17:04 on this issue.
17:17:04 The first letter that we addressed was to Mr. Bentley
17:17:08 as the agent in August, and so the project, everyone
17:17:14 involved has been long aware of our concern.
17:17:17 Could we pass out these photos.
17:17:33 The issue of the pervious surface was actually in
17:17:45 addition.
17:17:45 I saw the site plans calling for a vault, and it was
17:17:49 suggested to me by one of the engineers that the
17:17:52 advantage -- I mean, not doing away with the vaulting
17:17:55 system, but I don't know where exactly it's going to
17:17:58 be placed on the property.
17:17:59 I was not aware of the fact and no one pointed out
17:18:02 that if it's going to be directly under the parking
17:18:05 area, I don't know whether that's the case or if it's
17:18:07 going to be under the swales, which I believe are in
17:18:10 the front on Swann Avenue.
17:18:14 At any rate, the pervious surface has the additional
17:18:18 advantage of not stressing the stormwater sewer system
17:18:24 any more than it has to be, because water will run
17:18:28 through the pervious surface into the ground and back

17:18:31 into the aquifer, and all the water that runs through
17:18:35 the surface that way does not have to go into the
17:18:39 stormwater system, which simply cannot handle South
17:18:43 Tampa as we know now and as shown by the flooding in
17:18:47 those photos.
17:18:49 If the stormwater system were able to handle the area,
17:18:54 then we would not have the problem that we have.
17:18:56 So having the pervious surface does decrease the
17:19:02 additional amount of water that's got to go through
17:19:05 into the storm sewer system, whether it's via the
17:19:10 drains on the corner of the street or through the
17:19:12 vaulting or however.
17:19:14 You will have less water going through the storm sewer
17:19:17 system.
17:19:17 So that was the reason that we requested this.
17:19:21 And I did talk to another engineer in the stormwater
17:19:25 department after I understood Mr. Awad didn't like the
17:19:31 suggestion we had made as an example for porous
17:19:34 concrete.
17:19:34 And so when I talked to the second engineer, he said
17:19:38 he is the one who suggested the containment.
17:19:41 I've forgotten now what it's called.

17:19:43 >> Vault.
17:19:44 >> Yes, thank you.
17:19:45 The cell -- the confinement system as being durable
17:19:51 and even less expensive.
17:19:52 And you could have solid drive aisles between the
17:19:56 parking spaces so people would have a solid surface to
17:19:59 walk on.
17:20:00 We didn't request it for the handicapped areas.
17:20:03 So that was our reason for doing that.
17:20:05 Mr. Bentley I know addressed the fact that the
17:20:08 parkland is a big bully sitting there on taking up a
17:20:13 lot of concrete.
17:20:14 That building was built 30 years ago when there was a
17:20:18 lot more greenspace in the neighborhood and we didn't
17:20:23 have the situation that we have now.
17:20:24 There have been several little town house and
17:20:29 condominiums projects going up -- is that my time?
17:20:33 >>GWEN MILLER: Yes, your time is up.
17:20:34 >> In the last couple of years it has added to the
17:20:37 problem.
17:20:38 >>GWEN MILLER: Anyone else like to speak?
17:20:40 Mr. Bentley, do you want to rebuttal anything?

17:20:43 >> Not necessarily.
17:20:44 I just think your engineers testified that we're going
17:20:47 to exceed code.
17:20:48 It's actually going to improve the situation.
17:20:50 We're supplying more greenspace than required, and if
17:20:54 you have any specific questions, we'll entertain
17:20:56 those.
17:20:57 >>GWEN MILLER: Ms. Saul-Sena has one.
17:20:58 >>LINDA SAUL-SENA: Thank you.
17:20:59 Would you consider doing what the parkland condo
17:21:01 residents requested?
17:21:03 >> No, we wouldn't.
17:21:04 We're going to have vaulted retention in the parking
17:21:07 lot.
17:21:07 Here again, we're going to exceed code.
17:21:09 There's no legal basis to do this.
17:21:11 There's no technical basis.
17:21:14 You have the condo association, with all due respect,
17:21:17 lay people trying to engineer our project.
17:21:19 We heard your engineer say this will work and improve
17:21:22 the situation, so we're not willing to do that.
17:21:24 Thank you.

17:21:25 >>GWEN MILLER: We need to close the public hearing.
17:21:27 >> So moved.
17:21:28 >> Second.
17:21:28 >>GWEN MILLER: All in favor of the motion to close,
17:21:30 aye.
17:21:30 [Motion Carried]
17:21:42 >> Move to adopt the following ordinance upon second
17:21:45 reading.
17:21:45 Ordinance rezoning property in the general vicinity of
17:21:47 3117 West Swann Avenue in the City of Tampa, Florida,
17:21:51 more particularly described in section 1 from zoning
17:21:53 district classifications RM-24 residential multifamily
17:21:56 to PD, planned development, professional office or
17:21:59 multifamily, providing an effective date.
17:22:01 >>GWEN MILLER: We have a motion and second.
17:22:03 Vote and record.
17:22:13 >> Motion carried with Saul-Sena voting no --
17:22:17 [INAUDIBLE]
17:22:17 >>GWEN MILLER: We're going to item number 1.
17:22:20 Anybody in the public want to speak on item number 1?
17:22:23 >> Rose Petrucha, Planning Commission staff.
17:22:25 I'm not here to speak specifically to any of the

17:22:28 particular amendments that are on your agenda.
17:22:30 However, I do want to state for agenda items 1 through
17:22:34 agenda items number 7 that state statute does provide
17:22:37 the opportunity for interested citizens to receive a
17:22:40 courtesy information statement regarding the
17:22:42 Department of Community Affairs notice of intent.
17:22:45 That notice of intent is the final action of the
17:22:47 Department of Community Affairs after the plan
17:22:50 amendments proceed completely through the process.
17:22:53 Any citizen wishing to receive this information
17:22:55 statement from the department can provide their names
17:22:58 and addresses on a sign-in sheet which is located in
17:23:01 the vestibule outside the chamber's office.
17:23:04 >>GWEN MILLER: Anyone else?
17:23:05 We have a motion and second to close.
17:23:08 All in favor, aye.
17:23:09 Mr. Reddick, would you read that please.
17:23:12 >>FRANK REDDICK: Move to adopt -- [INAUDIBLE].
17:23:19 [mike not on]
17:23:27 Providing for repeal of all ordinances in conflict,
17:23:30 providing for severability, providing an effective
17:23:33 date.

17:23:33 >>GWEN MILLER: We have a motion and second.
17:23:35 Vote and record.
17:23:36 >> Before we vote, I need you to clear a conflict.
17:23:39 Sorry, not on this one, next one.
17:23:42 >>GWEN MILLER: Anybody in the public want to speak on
17:23:45 item number 2.
17:23:48 >> Motion carried with Dingfelder absent.
17:23:50 >>GWEN MILLER: Anybody in the public want to speak on
17:23:52 item 2?
17:23:53 We have a motion and second to close.
17:23:54 All in favor, aye.
17:23:56 Ms. Alvarez.
17:23:58 >>CHARLES FLETCHER: This is the item where I had a
17:24:02 conflict.
17:24:04 My wife works for one of the firms involved in this
17:24:07 project, so I abstain.
17:24:09 >>GWEN MILLER: Ms. Alvarez.
17:24:10 >>MARTIN SHELBY: Mr. Fletcher, just so you are clear,
17:24:14 you have filed the appropriate paperwork.
17:24:16 >>CHARLES FLETCHER: Yes, have filed the appropriate
17:24:19 paperwork with the clerk.
17:24:20 >>MARY ALVAREZ: I move to adopt the following

17:24:21 ordinance upon second reading.
17:24:23 An ordinance amending the Tampa comprehensive plan
17:24:26 future land use element section 4, goals, objectives
17:24:30 and policies establishing objective and policies for
17:24:33 the transition of industrial lands to residential and
17:24:36 mixed uses in a specific area of the City of Tampa
17:24:39 known as rattlesnake point waterfront area located
17:24:43 West of Westshore Boulevard and Tyson Avenue.
17:24:46 Providing for repeal of all ordinances in conflict.
17:24:49 Providing for severability, providing an effective
17:24:50 date.
17:24:51 >>GWEN MILLER: We have a motion and second.
17:24:53 Vote and record.
17:24:58 >>THE CLERK: Motion carried with Dingfelder being
17:25:01 absent and Fletcher abstaining.
17:25:02 >>GWEN MILLER: Is there anyone in the public want to
17:25:04 speak on item number 3?
17:25:06 We have a motion and second to close.
17:25:07 All in favor, aye.
17:25:09 Mr. Harrison.
17:25:09 >>SHAWN HARRISON: Madam Chair.
17:25:11 Move to adopt the following ordinance upon second

17:25:14 reading.
17:25:14 Ordinance amending the Tampa comprehensive plan future
17:25:16 land use element by designating Adamo Drive between
17:25:20 Channelside Drive and 26th Street as a redevelopment
17:25:23 corridor, providing for repeal of all ordinances in
17:25:25 conflict, providing for severability, providing an
17:25:27 effective date.
17:25:27 >>GWEN MILLER: We have a motion and second.
17:25:29 Vote and record.
17:25:34 >> Motion carried with Dingfelder absent.
17:25:36 >>GWEN MILLER: Anyone in the public want to speak on
17:25:38 item 4?
17:25:40 >> Move to close.
17:25:42 >> I also have a conflict on number four and will
17:25:45 abstain for the same reasons stated earlier and the
17:25:48 proper paperwork has been filed.
17:25:49 >>GWEN MILLER: All in favor of the motion, aye.
17:25:51 Ms. Saul-Sena?
17:25:52 >>LINDA SAUL-SENA: Thank you, Madam Chairman, I would
17:25:54 like to move the following ordinance upon second
17:25:56 reading.
17:25:57 An ordinance amending the Tampa comprehensive plan

17:26:01 future land use map for the property located in the
17:26:03 general vicinity of 5411 and 5301 West Tyson Avenue
17:26:07 from heavy industrial to community mixed use-35,
17:26:10 providing for repeal of all ordinances in conflict;
17:26:13 providing for severability; providing an effective
17:26:14 date.
17:26:15 >>GWEN MILLER: Have a motion and second.
17:26:16 Vote and record.
17:26:22 >>THE CLERK: Motion carried, Dingfelder absent and
17:26:24 Fletcher abstaining.
17:26:26 >>GWEN MILLER: Anyone in the public want to speak on
17:26:28 item 5?
17:26:29 We have a motion and second to close.
17:26:30 All in favor of the motion, aye.
17:26:33 Mr. Fletcher.
17:26:34 >>CHARLES FLETCHER: I move to adopt the following
17:26:36 ordinance upon second reading.
17:26:42 An ordinance amending the Tampa comprehensive plan
17:26:45 future land use element, future land use map for the
17:26:48 property located in the general vicinity of 5410 West
17:26:53 Tyson Avenue from heavy industrial to community mixed
17:26:55 use-35, providing for repeal of all ordinances in

17:27:00 conflict, providing for severability, providing an
17:27:02 effective date.
17:27:03 >>GWEN MILLER: Have a motion and second.
17:27:04 Vote and record.
17:27:10 >>THE CLERK: Motion carried with Dingfelder absent.
17:27:13 >>GWEN MILLER: Anyone in the public want to speak on
17:27:15 item 6?
17:27:16 Have a motion and second to close.
17:27:17 All in favor of the motion, aye.
17:27:19 Mr. Reddick.
17:27:20 >>FRANK REDDICK: Move to adopt the following ordinance
17:27:23 for second reading.
17:27:26 Upon second reading.
17:27:28 Ordinance amending the Tampa comprehensive plan future
17:27:30 land use element future land use map for the property
17:27:32 located in the general vicinity of 5402 West Tyson
17:27:36 Avenue from heavy industrial to community mixed
17:27:38 use-35; providing for repeal of all ordinances in
17:27:42 conflict; providing for severability; providing an
17:27:44 effective date.
17:27:44 >>GWEN MILLER: Have a motion and second.
17:27:46 Vote and record.

17:27:52 >>THE CLERK: Motion carried with Dingfelder being
17:27:54 absent.
17:27:54 >>GWEN MILLER: Anyone in the public want to speak on
17:27:56 item number 7.
17:28:00 Motion and second to close.
17:28:01 All in favor, aye.
17:28:02 [Motion Carried]
17:28:03 >>MARY ALVAREZ: I move to adopt the following
17:28:04 ordinance upon second reading.
17:28:10 An ordinance amending the Tampa comprehensive plan
17:28:13 future land use element and future land use map for
17:28:15 the property located in the general vicinity of 5250,
17:28:20 5300, 5350, 5430 and 5440 West Tyson Avenue from heavy
17:28:26 industrial to community mixed use-35, providing for
17:28:30 repeal of all ordinances in conflict, providing for
17:28:32 severability, providing an effective date.
17:28:35 >> Second.
17:28:35 >>GWEN MILLER: Have a motion and second.
17:28:37 Vote and record.
17:28:42 >>THE CLERK: Motion carried with Dingfelder being
17:28:44 absent.
17:28:45 >>GWEN MILLER: Anyone in the public want to speak on

17:28:47 item number 8?
17:28:48 Motion and second to close.
17:28:49 All in favor of the motion, aye.
17:28:51 >>SHAWN HARRISON: Madam Chair, move to adopt the
17:28:53 following ordinance upon second reading.
17:28:56 Ordinance amending the Tampa comprehensive plan future
17:28:58 land use element, future land use map for the property
17:29:00 located in the general vicinity of East 2nd Avenue,
17:29:03 East 3rd Avenue and East 4th Avenue between 14th
17:29:06 Street and 15th Street from light industrial and
17:29:09 heavy commercial 24 to community mixed use-35;
17:29:12 providing for repeal of all ordinances in conflict;
17:29:15 providing an effective date.
17:29:17 >>LINDA SAUL-SENA: This is really a great direction
17:29:19 that we're moving in.
17:29:21 This piece of land is not very different from the area
17:29:27 where we saw the crematory petitioner earlier today.
17:29:31 It's an area where you have residential uses and
17:29:33 industrial uses.
17:29:35 And we're saying we see a new direction for this area.
17:29:38 It's redeveloping.
17:29:40 We're getting rid of the heavy industrial or the light

17:29:44 industrial uses and moving to a community mixed use.
17:29:49 This is the direction that I anticipate we'll see all
17:29:51 around the perimeter of Ybor in the next few years.
17:29:54 This eliminates the sort of conflict that we saw this
17:29:57 morning.
17:29:58 >>MARY ALVAREZ: Let me ask you a question,
17:30:00 Ms. Saul-Sena, since you're the land use authority on
17:30:02 this.
17:30:05 If this crematorium that we were talking about this
17:30:07 morning went to community mixed use -- it would not be
17:30:11 allowed?
17:30:12 >>LINDA SAUL-SENA: It has to be in heavy industrial.
17:30:14 And after we finish this, I'll tell you a follow-up
17:30:17 conversation I had with the EPC.
17:30:19 >>GWEN MILLER: We have a motion and second.
17:30:21 Vote and record.
17:30:26 >>THE CLERK: Motion carried with Dingfelder absent.
17:30:30 >>LINDA SAUL-SENA: I spoke with Jerry Campbell later
17:30:32 this afternoon, and he had really discouraging news.
17:30:35 The state has changed the rules to be more business
17:30:37 friendly.
17:30:38 Well, I put that in quotes.

17:30:40 And now they don't require any neighborhood input on
17:30:43 permitting crematoria.
17:30:46 So any protection of neighborhoods would need to come
17:30:51 from us on a local level.
17:30:52 >>MARY ALVAREZ: So we were talking about having the
17:30:56 two commissioners from the EPC --
17:31:00 >> They don't take public comment, right?
17:31:02 >>LINDA SAUL-SENA: Well, however Jerry Campbell said
17:31:05 he heard about our conversation and in an effort to
17:31:08 satisfy our concerns for the community, he will create
17:31:11 an opportunity, and I would just encourage the people
17:31:14 from the neighborhood to community with the county
17:31:17 commissioners.
17:31:17 But the point is, the state doesn't mandate any kind
17:31:21 of public meeting or connection.
17:31:24 And they also said that the incorrect names for the
17:31:27 mailing list they got from the city.
17:31:33 >>GWEN MILLER: Item number 9, clerk, heard anything on
17:31:36 that one?
17:31:40 >>THE CLERK: Item nine, that will require to have a
17:31:42 new resolution.
17:31:44 >> So moved.

17:31:44 >>GWEN MILLER: Have a motion and second.
17:31:46 All in favor, aye.
17:31:49 Ms. Saul-Sena.
17:31:49 >>LINDA SAUL-SENA: Thank you, Madam Chairman.
17:31:51 We were trying to get out of here at lunch today, and
17:31:53 I forgot to bring up something under new business, if
17:31:56 I may.
17:31:57 Real briefly.
17:31:58 I received a letter from the president of Bayshore
17:32:01 gardens saying that if there's a task force appointed
17:32:04 to study issues regarding Bayshore that she wanted to
17:32:07 be appointed to it.
17:32:08 And I honestly don't know if there's a task force.
17:32:11 Do any of you know?
17:32:14 >>GWEN MILLER: The Mayor has a task force.
17:32:17 >>LINDA SAUL-SENA: That was about speed
17:32:19 transportation, speeding safety issues.
17:32:22 I don't think there was one about the character of
17:32:23 Bayshore.
17:32:24 Frankly, I thought it was a pretty good idea.
17:32:26 >>SHAWN HARRISON: Aren't we working on an overlay
17:32:28 district for Bayshore?

17:32:29 >>LINDA SAUL-SENA: Yes.
17:32:31 So perhaps what I should do then is recommend that if
17:32:34 there's an advisory committee for the development of
17:32:36 the overlay district -- thank you.
17:32:39 Good suggestion.
17:32:40 >>CHARLES FLETCHER: Yes, thank you.
17:32:42 And two things I wanted to mention that I would have
17:32:46 mentioned this morning had I made it back in town in
17:32:49 time.
17:32:49 I apologize for not being here earlier.
17:32:54 From the conversation that we had with officer caster
17:32:59 on the radio system, I would like to have an
17:33:03 opportunity to sit down with her and learn more
17:33:08 broadly what process we're going through.
17:33:11 I kind of got a sense that this was being looked at
17:33:16 from one perspective focused on the police department,
17:33:19 and I would really like to learn more about their
17:33:22 long-term planning process.
17:33:24 She talked about a long-term five-year plan going to
17:33:27 an open system, and I look at this more from an
17:33:30 emergency management perspective.
17:33:32 And I would like to have the opportunity if it's all

17:33:34 right with councilwoman Alvarez, the head of public
17:33:38 safety, I don't want to go into your area, but I would
17:33:43 be more comfortable with that if I could learn from
17:33:47 their expertise.
17:33:49 I'm sure they spent time on this, but I just don't get
17:33:52 the logic of going from what we have now to another
17:33:56 system that's not an open system which would allow
17:34:02 under open system, for instance, like in Lake County
17:34:05 where we had the disaster up there with the tornados,
17:34:07 allow federal, state and other counties that have open
17:34:11 system compliant radio systems to come in and help
17:34:14 out, I don't get that step, and so I would like to
17:34:17 kind of have an opportunity to meet with her.
17:34:20 And I would like to do it in perhaps one of these
17:34:24 special discussion meetings like Ms. Saul-Sena has
17:34:28 scheduled on other things so we have an opportunity
17:34:30 for all the Council members to participate if they
17:34:33 would like to.
17:34:39 >>GWEN MILLER: What day would you like?
17:34:40 >> I haven't spoken with officer castor, so I don't
17:34:42 know what their schedule would permit, but I would
17:34:45 like to do something next week.

17:34:50 >>LINDA SAUL-SENA: Can I grab mine real fast?
17:35:10 >>CHARLES FLETCHER: Tuesday of next week would be best
17:35:13 for me in the morning, next Tuesday.
17:35:16 >>MARTIN SHELBY: I should remind Council, I believe
17:35:18 you have one scheduled on the minimum -- on the
17:35:21 Hillsborough River --
17:35:22 >> The what?
17:35:23 >>MARTIN SHELBY: The lower Hillsborough River special
17:35:25 discussion meeting.
17:35:28 >> That's on Tuesday of next week.
17:35:32 Is it on Tuesday or Wednesday?
17:35:34 >>MARY ALVAREZ: I don't have it on my calendar.
17:35:38 >> On Tuesday we're having the river discussion.
17:35:44 >> I would suggest doing it the morning of next
17:35:46 Tuesday, but I do want to be sensitive to the police
17:35:49 department's time, and also if they are interested --
17:35:54 >>GWEN MILLER: The clerk will notify chief castor.
17:35:59 And see if she is available.
17:36:04 >>CHARLES FLETCHER: I would say 9:00, if that works
17:36:07 for the appropriate police department staff schedules.
17:36:13 >>GWEN MILLER: Second?
17:36:15 >> Second.

17:36:15 >> If not, we'll set another time at the meeting next
17:36:19 Thursday.
17:36:19 >>GWEN MILLER: All in favor of the ocean, aye.
17:36:22 >> Just to remind Council, that will be a noticed
17:36:25 meeting.
17:36:25 It will be noticed downstairs, and normally and I'll
17:36:28 talk with Mr. Fletcher about it, that your AIDE is
17:36:32 responsible for the minutes relating to the special
17:36:34 discussion meeting.
17:36:35 And if it is cancelled, I guess it will have to be
17:36:39 posted at that time that it will be canceled if you
17:36:42 decide not to have it.
17:36:44 I'll work for you on that.
17:36:45 >>CHARLES FLETCHER: For those listening, I don't want
17:36:47 to suggest that I'm trying to force us to do this
17:36:49 super quickly, but I would like to get an idea of what
17:36:52 is going on from their perspective, because I don't
17:36:55 want to get too far down this road without having the
17:36:59 right information.
17:37:01 >>GWEN MILLER: Anything else from this morning?
17:37:03 If not, we stand adjourned until 6 p.m.
17:37:06 [ RECESS ]

17:37:06 >>CHARLES FLETCHER: Here.
18:07:04 >>SHAWN HARRISON: Here.
18:07:09 >>FRANK REDDICK: Here.
18:07:10 >>GWEN MILLER: Here.
18:07:13 At this time, we're going to clean up our agenda.
18:07:22 >> Honorable chair, City Council, good evening.
18:07:24 I would like to clear the agenda, please.
18:07:30 First we have item number 10, V06-11, the petitioner
18:07:37 would like to comment, Mr. Michelini.
18:07:40 >> Steve Michelini, here on behalf of Jason Kuhn.
18:07:43 We had previously requested a special use on this
18:07:45 property.
18:07:45 He would like to withdraw that petition at this time
18:07:48 and request that you waive the waiting period in order
18:07:51 to refile a petition in the near future.
18:07:55 >> So moved.
18:07:56 >> Second.
18:07:56 >>GWEN MILLER: We have a motion and second.
18:07:58 All in favor of the motion, aye.
18:07:59 [Motion Carried]
18:08:04 >> Does Council under the code have the ability to
18:08:06 waive under the withdrawal?

18:08:08 Is that correct?
18:08:09 I'm looking at staff.
18:08:11 >> They've waived it previously.
18:08:19 >>GWEN MILLER: Yes, we voted.
18:08:21 It's gone.
18:08:23 You're slow.
18:08:23 We're fast.
18:08:26 >> Madam Chair, the next item I would like to remove
18:08:28 is item 12, V 06-43.
18:08:32 The petitioner is here for 5009 East Linebaugh.
18:08:36 And they would like to renotice that on April 12th
18:08:40 where there is an available date.
18:08:42 >>MARY ALVAREZ: Perfect, continue.
18:08:44 >>GWEN MILLER: We have a motion and second.
18:08:46 All in favor of the motion, aye.
18:08:48 [Motion Carried]
18:08:49 >> The next item is 13, rezoning case Z06-97.
18:08:55 We have a letter from Mr. David Smith.
18:08:58 He is present to answer any questions requesting a
18:09:00 continuance.
18:09:02 >>MARY ALVAREZ: So moved.
18:09:04 >>GWEN MILLER: Is there anyone in the public who wants

18:09:06 to speak on the continuance?
18:09:10 >>MARTIN SHELBY: Item number 13.
18:09:11 Is there anyone here to speak on item number 13?
18:09:14 >>GWEN MILLER: We have a motion and second.
18:09:17 >> Before we vote, I need to clear a conflict.
18:09:20 Paperwork has been filed.
18:09:22 Same reason as earlier.
18:09:24 >>GWEN MILLER: We have a motion and second.
18:09:25 All in favor of the motion, aye.
18:09:28 >> The next item, Madam Chairman, is item 16.
18:09:31 Zoning case Z06-145.
18:09:35 The petitioner's agent is here this evening.
18:09:37 They are requesting April 12th for a renotice of
18:09:41 that public hearing.
18:09:45 >> So moved.
18:09:47 >>GWEN MILLER: All in favor of the motion, aye.
18:09:49 Opposed, nay.
18:09:49 >>LINDA SAUL-SENA: At 6 p.m.?
18:09:51 >> Yes.
18:09:53 Next item is item 17, rezoning case Z06-146.
18:09:59 They would like to reschedule -- or continue until
18:10:02 February 22nd.

18:10:07 >>GWEN MILLER: All in favor of the motion to open,
18:10:08 aye.
18:10:09 [Motion Carried]
18:10:09 Anybody in the public want to speak on the continuance
18:10:12 on item number 17?
18:10:14 >> Move to continue.
18:10:15 >>GWEN MILLER: February 22nd.
18:10:17 All this favor of the motion, aye.
18:10:19 Opposed, nay.
18:10:19 [Motion Carried]
18:10:20 >>LINDA SAUL-SENA: Excuse me, can I ask a question?
18:10:22 I don't see anyone from the public here, but I just
18:10:25 wondered as a matter of course if the neighborhood
18:10:28 organization is renoticed.
18:10:32 Is Mr. Horner here?
18:10:34 I don't see him.
18:10:37 >> I don't believe normally that they are.
18:10:40 So it's clear, in case people are watching,
18:10:42 Ms. Saul-Sena, did you want to announce the address of
18:10:45 411 South Albany Avenue, Z06-146, RM-16 to PD?
18:10:52 The motion was continue it to February 22nd, 2007,
18:10:56 at 6 p.m.

18:10:57 >>LINDA SAUL-SENA: Thank you.
18:10:57 >>GWEN MILLER: Next one.
18:11:00 >> The next item is item 20.
18:11:02 And City Attorney Ms. Cole would like to comment.
18:11:06 >> Julia Cole, Legal Department.
18:11:08 You all should have received a request to continue
18:11:10 this matter by the director of public works for
18:11:13 continuance to March 8th for additional time to
18:11:15 review a traffic analysis, which was recently
18:11:18 received.
18:11:19 I understand the transportation staff will be prepared
18:11:21 to do -- to opine on that traffic analysis sooner.
18:11:25 We've had some discussions with the applicant, and I
18:11:28 think they would agree to continue this till
18:11:31 March 1st.
18:11:33 May need to hear from him, March 1st, but they are
18:11:36 seeking a daytime meeting.
18:11:38 Instead of March 8th.
18:11:39 >>GWEN MILLER: March 1st at 10 a.m.
18:11:44 >> Yes, that's fine.
18:11:46 I think we've had a lot of discussion, but I think
18:11:48 that you have to open this hearing.

18:11:51 I don't know if you have to have your staff
18:11:53 presentation on it, but we are requesting that it be
18:11:55 continued to a day meeting on March the 1st.
18:12:02 >>GWEN MILLER: It's continued.
18:12:03 >> Move to continue to March 1st, day meeting,
18:12:10 10:00.
18:12:11 >> If you could ask if there's anybody in the audience
18:12:13 who wants to comment.
18:12:15 >>GWEN MILLER: Anybody want to speak to the
18:12:17 continuance of item 20?
18:12:18 We have a motion and second continuing to March the
18:12:22 1st at 10 a.m.
18:12:26 >> The last item is item 23, Z06-66, Ms. Abbye Feeley
18:12:32 would like to comment on that.
18:12:34 >>ABBYE FEELEY: Good evening, Council, Abbye Feeley,
18:12:37 Land Development coordination.
18:12:38 This is an areawide rezoning, Z06-66.
18:12:42 You had opened this morning the second public hearing
18:12:44 that goes with this.
18:12:45 There are two grand trees on the property.
18:12:47 Petitioner is having some issues with parks and rec
18:12:50 about getting the design of the house in the right

18:12:53 position in order to preserve those trees.
18:12:55 So they would like to ask for a continuance to
18:12:58 March 8th in the evening, and then we'll have to
18:13:03 open the second public hearing two weeks from now and
18:13:07 then continue that to be two weeks after that.
18:13:09 >>LINDA SAUL-SENA: So moved.
18:13:11 >> Second.
18:13:12 >>SHAWN HARRISON: How full?
18:13:14 We're doing a lot on March 8th now, so how full are
18:13:18 we?
18:13:27 >> There are actually right now, eight new cases, and
18:13:30 three continued cases.
18:13:31 We've had two that have already been continued, so
18:13:34 there would be two openings for March 8th.
18:13:37 >>GWEN MILLER: We have a motion and second.
18:13:39 All in favor of the motion, aye.
18:13:43 All right.
18:13:43 We go back to item number 11.
18:13:46 Need to open the public hearing.
18:13:47 We have a motion and second.
18:13:48 All in favor of the motion, aye.
18:13:49 [Motion Carried]

18:13:55 If anyone is going to speak on items 11, 14, 15, 18,
18:14:00 19, 21, 22, will you please stand and raise your right
18:14:05 hand.
18:14:09 >> Do you swear or affirm to tell the truth, the whole
18:14:12 truth and nothing but the truth?
18:14:14 >> I do.
18:14:15 >>MARTIN SHELBY: Thank you, Council.
18:14:17 I ask that if any written communication which has been
18:14:21 available for public inspection in Council's office
18:14:24 prior to today, if those would be received and filed
18:14:27 into the record prior to the vote, is there anything
18:14:29 to be received and filed?
18:14:31 A motion, please.
18:14:33 >> So moved.
18:14:35 >> Second.
18:14:35 >>GWEN MILLER: All in favor of the motion, aye.
18:14:38 >>MARTIN SHELBY: Again, Council, very briefly, a
18:14:40 reminder to disclose any ex parte communications.
18:14:43 The person with whom that verbal communication
18:14:45 occurred and the sum and substance of that
18:14:48 communication.
18:14:48 Finally, ladies and gentlemen, in order to speed

18:14:50 things along, I'm going to put a sign up at the
18:14:52 lectern.
18:14:53 When you state your name, please reaffirm that you
18:14:56 have been sworn.
18:14:56 Thank you.
18:15:02 >> Good evening, Madam Chairman, Phil Schultz, Land
18:15:05 Development coordination.
18:15:06 I have been sworn.
18:15:08 The first case is item -- I'm sorry.
18:15:14 Item 11, zoning case Z06-108.
18:15:19 Located in district 6 in the Bon Air Neighborhood
18:15:22 Association.
18:15:22 The address is 3706 West Roland Street.
18:15:28 The DRC has objections to this.
18:15:31 It is going from RS-60, residential single-family,
18:15:35 which currently has a four unit single-family
18:15:37 residence on it to PD, planned development
18:15:40 single-family attached.
18:15:42 The petitioner is not requesting any waivers.
18:15:46 Summary of the request, the petitioner proposes to
18:15:49 rezone property at 3706 West Roland Street to
18:15:52 construct a seven-unit town house development in the

18:15:55 residential style.
18:15:56 The property currently has a four-unit multifamily
18:16:00 apartment building and was reviewed by historic
18:16:02 preservation and determined not to be historically
18:16:04 significant.
18:16:05 The site was -- con -- the proposed site contains two
18:16:10 buildings, one with three units and one with four
18:16:12 units.
18:16:12 Each unit contains three bedrooms and two-and-a-half
18:16:16 baths with a two-car garage.
18:16:17 The project requires two visitor parking spaces which
18:16:20 are provided at the South end of each building.
18:16:22 Each unit will encompass three levels of the
18:16:25 structure.
18:16:25 The first floors contain private covered entryways and
18:16:29 second floors have covered balconies.
18:16:31 Each unit has a private stairway for its respective
18:16:35 unit.
18:16:36 The proposed maximum height is 37 -- excuse me,
18:16:40 36.11 feet, with a screened roof mount for HVAC units.
18:16:46 Two units maintain direct access to West Roland.
18:16:50 The PD setbacks are 15.3 feet on the north side

18:16:53 fronting West Roland Street, seven feet six and one
18:16:58 quarter inches on the east side.
18:17:00 Seven feet four and a quarter inches on the West side,
18:17:04 and 20.7 three-quarters feet for the western building.
18:17:09 And 31.3 feet for the easterly building on the south
18:17:13 side.
18:17:14 The building elevations are attached to the site plan.
18:17:18 Block A footprint is 9,862.83 square feet and block B
18:17:24 footprint is 8824.79 square feet.
18:17:30 All of the objections have been removed to date except
18:17:35 the Land Development coordination specialist --
18:17:41 landscape specialist.
18:17:43 But before I go into that and what still has to be
18:17:46 done to the site plan, please let me orient you on the
18:17:51 ELMO for the project.
18:17:53 Here is the subject parcel.
18:17:54 This is West Roland Street.
18:17:56 This is Sterling Street.
18:17:57 This is Kennedy, and this is Dale Mabry.
18:18:04 Here is an aerial photo.
18:18:05 This is an old aerial photo.
18:18:07 The structures that you see on the north side of

18:18:11 Roland Street have actually been removed.
18:18:15 It's a vacant commercially zoned in this area, and
18:18:19 there have been several developers looking at that to
18:18:22 redevelop.
18:18:27 This is a picture of the subject property.
18:18:29 Again, this has been reviewed by historic
18:18:32 preservation.
18:18:33 Here's a close-up to show you some of the fenestration
18:18:37 on the existing building.
18:18:39 This is the home directly -- the corner -- it would be
18:18:43 on sterling and Roland.
18:18:47 It's a one-story home.
18:18:48 I believe -- I think the owner is here tonight.
18:18:51 This is the home directly to the West of the subject
18:18:55 property, two-story colonial.
18:18:59 This is a view down towards Dale Mabry, and this is
18:19:04 the view looking directly across the street to Kennedy
18:19:07 Boulevard.
18:19:08 You'll see in the distance here.
18:19:11 The one remaining objection that has not been
18:19:13 mitigated is the landscaping adjacent to -- if you
18:19:20 look at your site plans that I've handed you, look at

18:19:25 the southwest corner, you'll see a vehicle use area
18:19:28 that has two trees on the West side, which that should
18:19:32 be shrubbery, plus there should be a note, notating
18:19:39 that on the site plan.
18:19:40 That's the only objection that staff currently has on
18:19:47 the project.
18:19:47 We would be available for any comments or questions.
18:19:47 >>LINDA SAUL-SENA: I have a question.
18:19:50 The adjacent uses are residential.
18:19:53 >> Correct.
18:19:53 >>LINDA SAUL-SENA: And so they have a less than
18:19:55 35-foot height.
18:19:56 You didn't object to the scale of this project as
18:19:59 being compatible?
18:20:02 >> The side and rear yard setbacks are identical to
18:20:05 the R S-60.
18:20:07 If you notice on your site plan, seven feet on both
18:20:10 sides, East and West and on the southern side, it's
18:20:13 more than 20 feet on one building and 30 some feet on
18:20:16 the other.
18:20:16 So they've tried to maintain a residential setback
18:20:19 nature of the project.

18:20:20 >>LINDA SAUL-SENA: Yes, but this is going to go up
18:20:22 36.11 feet, which is 37 feet.
18:20:26 >> Which is approximately a little bit -- is another
18:20:29 six feet higher than the adjacent two-story colonial,
18:20:34 that's correct.
18:20:34 >>LINDA SAUL-SENA: Is there going to be fill on the
18:20:36 site?
18:20:38 I'm saying --
18:20:39 >> Not to my knowledge, no.
18:20:45 Mr. Tony Garcia will now present.
18:20:54 >> Thank you.
18:20:54 Tony Garcia, Planning Commission staff.
18:20:56 Good evening, Council members.
18:20:57 I have been sworn in.
18:21:02 From a future land use perspective of what I'd like to
18:21:06 point out in this particular project as it relates to
18:21:09 this particular face of Roland Street, we have several
18:21:12 land use categories on this particular area of South
18:21:14 Tampa.
18:21:15 As Mr. Schultz has already explained to you, this is
18:21:18 in close proximity to the major intersection of Dale
18:21:21 Mabry and Kennedy Boulevard.

18:21:23 Here is the subject site.
18:21:25 Here is the major intersection of two arterial roads.
18:21:28 The land use category along Kennedy Boulevard is urban
18:21:30 mixed use 60.
18:21:32 The brown category here which is the North face of
18:21:35 Roland Street is residential 20 and small segment of
18:21:38 residential 10 right here.
18:21:39 The remaining parcels as you can see on the South face
18:21:42 of Roland Street are also residential 20, all with the
18:21:45 exception of the gentleman on the corner, which is
18:21:47 still residential 10.
18:21:49 The request is for seven attached units.
18:21:52 There are currently four attached units on the site.
18:21:56 Community mixed use-35 is your designated land use
18:21:59 along this segment of South Dale Mabry.
18:22:02 What I would like to point out on this particular case
18:22:05 from the historical perspective is the following.
18:22:07 This case came to you in the form of a plan amendment
18:22:10 approximately three or four years ago for all the
18:22:11 units on the South face of Roland Street.
18:22:14 All the applicants came in, requesting to change their
18:22:17 land use from residential 10 to residential 20 and you

18:22:21 subsequently approved this.
18:22:23 The reasoning for that was that these residents knew
18:22:29 that the residential integrity on the North side of
18:22:31 Roland Street was eroding due to the development of
18:22:34 the CVS store which we know exists on the northwest
18:22:38 corner of this particular block face.
18:22:40 As Mr. Schultz has just explained to you on this dated
18:22:44 aerial, none of these residences on the North face
18:22:49 exist.
18:22:49 Your interface, as far as the residential interface
18:22:53 with the units to the North is not there anymore.
18:22:56 The residents that live on the South side at that
18:22:58 point in time when they came in uniformly to apply for
18:23:00 the plan amendment, knew this would be occurring and
18:23:03 knew what the development plan would be because the
18:23:05 CVS was already in development at that point in time.
18:23:08 They requested a change to a higher land use
18:23:10 designation to allow them the potential for
18:23:12 redevelopment options and the potential marketing of
18:23:15 their properties in the future possibly for a
18:23:17 resident -- in the residential 20 land use category to
18:23:20 allow potential uses for maybe professional office

18:23:23 along this particular segment since we all know that
18:23:26 there are significant transportation issues for the
18:23:29 streets of Cleveland and Roland in this particular
18:23:31 section because of a lot of cross-thru traffic.
18:23:34 The applicants felt they would have liked the latitude
18:23:37 to potentially mark their properties as they knew in
18:23:40 the future that their single-family detached lifestyle
18:23:43 would be probably short lived.
18:23:46 How long, three years, five years, they did not know,
18:23:49 but they wanted to have that kind of latitude, which
18:23:50 was the reason for them coming in.
18:23:52 The one gentleman on the corner still residential 10
18:23:55 did come in when we did the plan amendment and had
18:23:58 asked at a very late juncture in the plan amendment
18:24:01 process whether or not he could join into the
18:24:02 residential 20.
18:24:03 That was not possible at that juncture, and we were
18:24:06 not able to accommodate his request.
18:24:08 That is why that one piece on the corner, again, is
18:24:10 still residential 10.
18:24:13 That is the history on that piece as to why the
18:24:16 residential 20 is coming in.

18:24:18 The request is consistent and compatible with the
18:24:21 policies that talk about structures such as this,
18:24:25 detached, attached structures such as this on the
18:24:28 periphery of neighborhoods is consistent with the plan
18:24:29 and would be a logical transition of density and
18:24:32 intensity from a very intense commercial intersection.
18:24:34 The Planning Commission staff had no objections to the
18:24:37 proposed request.
18:24:38 Thank you.
18:24:38 >>GWEN MILLER: Petitioner?
18:24:52 >> Hello.
18:24:53 My name is Jana Goodman, and I have been sworn.
18:24:56 This is my architect.
18:24:58 >> Good evening.
18:24:58 My name is Daniel.
18:25:02 The company that designed the development.
18:25:04 >>GWEN MILLER: Have you been sworn?
18:25:06 >> Yes, I've been sworn.
18:25:08 >> We are proposing seven town homes on this lot going
18:25:12 from RS-60 to a PD zoning, the future land use, as
18:25:17 Tony said is multifamily -- residential multifamily
18:25:20 20.

18:25:21 We feel it would be a nice buffer going from the
18:25:23 proposed commercial project that's across the street
18:25:28 to the North, so we felt that it would be a good
18:25:31 buffer going in from the residential from the
18:25:34 commercial to residential.
18:25:36 We designed it in a Mediterranean kind of look, and we
18:25:40 tried to maintain the characteristics of the eyebrows
18:25:46 on the existing building and also the structure on the
18:25:52 top which loops around.
18:25:57 We would like your support in this.
18:25:59 And if you have any questions.
18:26:01 >>GWEN MILLER: Is there anyone in the public that
18:26:03 wants to speak on item number 11?
18:26:05 Come up and speak now.
18:26:14 >> Good evening.
18:26:14 I'm Jim MICAS.
18:26:16 I'm the owner of the property.
18:26:18 Immediately to the North at 3702 West Kennedy, there
18:26:22 were originally five homes across the street with
18:26:25 vagrants taking over.
18:26:28 She is direct that -- correct that there will be some
18:26:31 development taking place to the North.

18:26:32 I'm totally in support of what she's presented tonight
18:26:35 and would answer any questions you have.
18:26:37 >>GWEN MILLER: Thank you.
18:26:38 Next.
18:26:44 >> My name is James McGUIGEN.
18:26:49 I live on the corner home right next to the planned
18:26:52 development.
18:26:53 Good evening, Council members, and thank you for
18:26:55 allowing me to come forward here tonight and to advise
18:26:58 you of our concerns.
18:26:59 My wife and I live in that home, and have for about
18:27:03 eight years.
18:27:05 I understand, according to the gentleman before us,
18:27:07 said -- that all this took place about three years
18:27:12 ago.
18:27:12 At that particular time, me myself, myself, I should
18:27:16 say, was experiencing significant health problems,
18:27:18 including a transplant and other items so I was not
18:27:24 available to do anything in this regard.
18:27:26 However, our concerns, our main concern is the
18:27:28 structure on such a small lot.
18:27:30 We have a small one little family home.

18:27:33 And this is going to be a massive structure.
18:27:35 I'm not talking a little building.
18:27:38 It's a massive structure.
18:27:40 We have looked at similar ones in the area, and it's
18:27:45 kind of frightening to think that this will be next
18:27:47 door to us.
18:27:48 In addition, the trees that we have experienced and
18:27:50 lived with for three or four years are going to be
18:27:53 gone.
18:27:53 These large trees will no longer be there and they
18:27:56 won't provide any sort of buffer.
18:27:59 Let me just read from here.
18:28:01 I usually don't like to read from something, but I
18:28:03 will.
18:28:06 That the town homes themselves would pose a
18:28:10 significant increase in traffic and parking problems
18:28:13 on Roland Street.
18:28:14 If you're not aware, sterling has now been changed in
18:28:19 those parking.
18:28:20 We have parking problems right now because of the
18:28:22 businesses up on Kennedy farther down from the church,
18:28:26 not Jim Micas' group, but other groups that are there,

18:28:31 there's no parking for these people.
18:28:32 Where do they go?
18:28:34 They park in the neighborhoods.
18:28:36 To the help of one of your divisions downtown, one of
18:28:39 your departments, we were able to get a five-minute
18:28:42 parking sign to put in front of our home, so we're
18:28:45 fine.
18:28:45 But when these structures go up, I understand there
18:28:47 are two-car parking garages.
18:28:50 I understand about the two places in the back.
18:28:52 One of the gentleman here this evening was nice enough
18:28:54 to show us a plan -- the new plan.
18:28:57 Not the old plans, the new ones just submitted on this
18:29:01 project.
18:29:01 I don't think a lot of people in attendance tonight
18:29:03 are aware there are new plans on this project.
18:29:06 Either way, we've all lived in homes with two-car
18:29:10 garages.
18:29:11 Many people don't use the garages for two cars.
18:29:14 They use them for storage and other things.
18:29:16 If anything takes place with any of the residents in
18:29:19 the building and they have visitors or other things

18:29:22 that are going on, there's going to be a problem.
18:29:24 There's already a problem.
18:29:26 There are going to be some others.
18:29:28 I'll try to be brief.
18:29:29 As I say, I have a number of issues.
18:29:31 Let me know if I'm getting near my time.
18:29:34 Will someone tell me that?
18:29:37 I'll have a buzzer, okay.
18:29:39 The big thing, too, these particular development would
18:29:43 not pose a positive addition to our neighborhood.
18:29:47 I think there would be some other neighbors to come up
18:29:50 here this evening to explain that also.
18:29:53 But this planned development could someone briefly
18:30:00 explain to me, if the owner decides not to build this,
18:30:04 could she then build something else, a commercial
18:30:07 place?
18:30:07 Is that possible?
18:30:08 >>GWEN MILLER: When you're finished, we'll have that
18:30:11 answered for you.
18:30:13 >> All right.
18:30:14 Because that is a concern of mine, too.
18:30:15 Like I said before, it's my wife and I that live in

18:30:18 that small home.
18:30:19 And I have a number of issues, but I think I
18:30:21 concentrated on the key ones.
18:30:23 >>GWEN MILLER: Ms. Cole, do you want to answer that
18:30:27 question.
18:30:28 Ms. Cole, our attorney will answer.
18:30:30 >>JULIA COLE: Julia Cole, Legal Department.
18:30:32 The PD is specifically for residential uses.
18:30:35 If they wanted to do some kind of commercial use or
18:30:38 change the site plan in any substantial way, they
18:30:40 would be required to come back to Council in a public
18:30:43 hearing process to make that change.
18:30:50 >> Does anyone have any questions?
18:30:54 >>LINDA SAUL-SENA: Sir, with the existing four-plex on
18:30:57 that property and I guess the parking in next door,
18:31:00 have you experienced parking problems or has it been
18:31:03 pretty calm?
18:31:04 >> No, that unit has been there the eight years we've
18:31:06 lived there.
18:31:07 We've not had a problem, not with the people living
18:31:10 there -- it's a smaller -- I think three families live
18:31:14 there.

18:31:14 Maybe four.
18:31:15 But the lot is fairly big, and there's never really a
18:31:19 full complement of people living there.
18:31:21 But the parking lot is substantial enough and I can't
18:31:25 remember any time where we had a problem with that.
18:31:28 Thanks again, everybody.
18:31:29 >>GWEN MILLER: Thank you.
18:31:30 Next.
18:31:32 >> My name is bill.
18:31:35 I have been sworn.
18:31:36 I do have a question, if I may.
18:31:38 On the notice that we received, it said rezoning from
18:31:41 RS-60 to PD.
18:31:43 Everything I've heard tonight says 10 and 20.
18:31:47 When I met with Phil the other day, he showed you a
18:31:50 chart, and it was all across the street from the
18:31:52 property in question was all RS-60 on the Roland side.
18:31:57 I know this is probably commercial on the other.
18:31:59 I'm a little confused by that as well as the
18:32:02 petitioner on here Goodman and someone said their name
18:32:06 was miller.
18:32:07 I'm confused by what that means.

18:32:09 This is the petition.
18:32:10 I have it here if you would like a copy.
18:32:18 How do I get the picture on the screen?
18:32:30 >> You saw pictures earlier, it looks to the East from
18:32:34 the designated property.
18:32:37 I have pictures and I'll be glad to share them with
18:32:40 you.
18:32:40 I also have a question, I have exhibits.
18:32:42 Can I give them to you all?
18:32:50 This is the neighborhood.
18:32:52 If you look at exhibit 1-A, which they are handing out
18:32:58 to you right now, this is 1-A that I just took up now.
18:33:12 This is the picture looking West from the designated
18:33:15 property.
18:33:16 And, by the way, there are some very nice houses to
18:33:19 the West on the South side of Roland.
18:33:23 This is the picture for Cleveland.
18:33:25 Again, a very nice street, which is 1-C.
18:33:30 1-D is the other side of Cleveland.
18:33:32 You'll see there are lots of houses.
18:33:34 They are all single-family, well-kept.
18:33:36 The neighborhood is upgrading.

18:33:38 We'll get to that in a minute.
18:33:39 And this is Platt.
18:33:48 So the surrounding area where this --
18:33:49 Going to point 2.
18:33:52 My biggest concern is that we're piercing this
18:33:56 neighborhood, and we're going to unravel the
18:33:59 neighborhood.
18:33:59 That's my concern.
18:34:03 Give you an example, I went over to see what happened
18:34:06 in nearby Deleon, and this is a picture of multiple
18:34:11 condos that have been put up, one right after the
18:34:13 other, coming out to the street at different levels.
18:34:16 Quite frankly, it's kind of like a condo shanty town
18:34:19 as far as I'm concerned.
18:34:21 I certainly wouldn't want our neighborhood to look
18:34:23 like that.
18:34:24 I say ours, it's my mother's.
18:34:26 The gentleman that just spoke, this is his house.
18:34:30 They will be taking out three pine trees which are
18:34:34 buffers.
18:34:34 It will change -- it will change the appearance.
18:34:38 Not only that, but it will also -- these condos are

18:34:42 37 feet high.
18:34:45 And I'll show you later what 37 feet does at 1:00 in
18:34:48 the afternoon.
18:34:48 He will have no sun on his property from 1:00 on,
18:34:51 basically.
18:34:52 That's a problem.
18:34:57 If I can go now to the existing home.
18:35:08 This is 2-B, condos over on DeLeon.
18:35:12 This is 2-C, which is condos -- I guess that means I'm
18:35:18 done.
18:35:18 >>GWEN MILLER: Time is up, yes.
18:35:20 >> Okay.
18:35:21 I would only make one last comment.
18:35:22 People are upgrading this neighborhood.
18:35:24 If you go out and look, you'll see there are multiple
18:35:26 houses.
18:35:27 There's one house being built on PLATT, a
18:35:30 block-and-a-half way, 3700 square feet.
18:35:32 It will sell for between 600 and 800 thousand dollars.
18:35:36 I don't know why we would pierce this neighborhood
18:35:39 with a condo of any kind.
18:35:41 >>GWEN MILLER: Your time is up.

18:35:42 >>LINDA SAUL-SENA: Where do you live in proximity?
18:35:45 >> I don't.
18:35:45 My mother has a house at 3707.
18:35:49 She's 95, so she's not here tonight.
18:35:51 >>LINDA SAUL-SENA: Where is it in proximity to this?
18:35:53 >> It's adjacent to the back southwest corner.
18:35:56 >>GWEN MILLER: Next speaker.
18:36:14 >> My name is Mike Farley.
18:36:16 I have been sworn.
18:36:18 Our property is two lots west of what's being
18:36:24 proposed.
18:36:27 We're next to the two-story colonial.
18:36:32 What concerns us is, she's wanting to bring the
18:36:34 property closer to the road which will take away our
18:36:37 view.
18:36:38 There are three or four families that have kids in the
18:36:40 neighborhood and we want to be able to see cars coming
18:36:43 down the street.
18:36:43 What she's proposing right now is to move her property
18:36:47 within 15-feet of the sidewalk.
18:36:50 And as far as I know, I'm as close as anyone to the
18:36:54 sidewalk, and we were between 27 and 28 feet away from

18:36:58 the sidewalk.
18:36:59 So we're going to have our views misconstrued.
18:37:02 We won't be able to see kids playing around the
18:37:05 neighborhood, and we won't be able to see cars coming.
18:37:09 We worry about the traffic.
18:37:11 I have a pool in my backyard, and I'm worried about
18:37:15 the sun taking away our times that we spend outside
18:37:23 that we won't have the luxury of having the full
18:37:27 amount of sunshine that we should have.
18:37:28 We try to take very good care of what we're doing.
18:37:33 We're just a little bit afraid of the height and just
18:37:36 how close it is to the street and the safety of all
18:37:39 the children on the street.
18:37:41 There are several kids under the age of 13.
18:37:46 So those are my concerns right now, and that's what
18:37:49 I'm worried about.
18:37:52 Before when we were talking about being here three
18:37:56 years ago, you have to understand that everybody on
18:37:59 our block had been issued a contract for someone to
18:38:03 buy our land.
18:38:04 And then we made counteroffers and no one ever came
18:38:08 back.

18:38:08 So one of the reasons that it was zoned the way it is
18:38:11 without the objections before is because we had all
18:38:14 been tendered an offer.
18:38:16 In fact, some people had taken the offer and the
18:38:19 person never showed up for closing.
18:38:23 That's just another concern.
18:38:25 Thank you.
18:38:26 >>GWEN MILLER: Thank you.
18:38:26 Next speaker.
18:38:32 >>LINDA SAUL-SENA: Sir, what is the height of your
18:38:34 house?
18:38:34 >> I have a single-story dwelling.
18:38:36 I'm next door to the two-story colonial.
18:38:40 Our height is the standard -- with the pitch, probably
18:38:45 16 feet, maybe.
18:38:46 I doubt it's that high.
18:38:52 Any more questions?
18:38:53 >>GWEN MILLER: That's it.
18:38:55 >> Hi, good evening.
18:38:55 I'm Janice Kolton.
18:38:58 I've been sworn in.
18:38:59 Business at 3716 West Roland.

18:39:02 I am for this project.
18:39:03 I think it will be good for the neighborhood.
18:39:05 Right now, there's an apartment building there, and
18:39:08 the prices of the town houses going up are going to be
18:39:11 around 450,000.
18:39:13 So I think it will be good for the people coming in
18:39:15 instead of having apartment people there, it will be
18:39:18 good for the neighborhood.
18:39:19 >>LINDA SAUL-SENA: Where is your business located?
18:39:22 You said it's on Roland.
18:39:24 To the East, West, North?
18:39:25 >> I'm to the West.
18:39:26 I'm four buildings down to the West.
18:39:29 I'm right behind the Jiffy lube on Roland Street
18:39:33 across from CVS and behind Jiffy lube.
18:39:38 >>LINDA SAUL-SENA: Are you facing on Dale Mabry?
18:39:40 >> No, I'm on Roland Street.
18:39:43 South part of Roland Street four houses down from
18:39:45 where the apartment is.
18:39:47 >>LINDA SAUL-SENA: Is it like an office?
18:39:49 >> It's an office.
18:39:50 It's a house that's been converted into an office.

18:39:52 >>LINDA SAUL-SENA: Is it a one-story or two-story?
18:39:55 >> One-story.
18:39:56 >>GWEN MILLER: Petitioner.
18:39:58 Do you want to come back for rebuttal?
18:40:06 >> When we designed this, we tried to think of the
18:40:10 parking.
18:40:10 We tried to think of, you know, how it would impact
18:40:13 the neighborhood and we wanted to do a fairly nice
18:40:16 project, and we did the two-car garage.
18:40:19 We've got ample parking.
18:40:21 There's not going to be any offstreet parking.
18:40:24 We're adding two units, but we're adding a lot more
18:40:27 parking, a lot more open space, a lot more landscaping
18:40:30 than we have now.
18:40:32 You know, it's going to be an upscale project.
18:40:36 The height, we have a two-story right next to it, and
18:40:42 the -- I don't know what you call -- the parapet we're
18:40:46 putting on to kind of match the existing building, but
18:40:50 that's what the height is.
18:40:51 It's not the building itself.
18:40:53 What is the building itself?
18:40:56 The building itself is 29 feet, not -- and then the

18:41:00 parapet wall, the decorative parapet wall makes it --
18:41:04 >> The reach of the building is 36, 11.
18:41:08 >> Which we could bring that down.
18:41:10 >> Changing the slope of the roof can reduce that
18:41:14 height.
18:41:17 >> Also, there are the three pine trees that
18:41:20 Mr. Mcguigen was talking about.
18:41:23 I wanted to keep the trees, but then landscaping
18:41:26 thought we should remove the trees and replant.
18:41:30 So that's what we did.
18:41:32 I'm not opposed to keeping them if we can keep them.
18:41:40 >>FRANK REDDICK: Have you had a chance to meet with
18:41:44 the residents to hear some of the concerns they are
18:41:48 expressing?
18:41:49 >> Actually, the homeowners association, I guess he
18:41:52 resigned and I sent out the notices.
18:41:57 I've talked to a couple of people in the neighborhood,
18:41:59 and they had questions.
18:42:00 I answered the best I could.
18:42:02 I offered to go and meet with them.
18:42:04 And then the homeowners association, there's nobody
18:42:07 doing it now.

18:42:09 >>FRANK REDDICK: It seems that their only objection is
18:42:12 the height.
18:42:15 So are you willing to modify that to --
18:42:20 >> We would like to keep the seven units.
18:42:25 And what I feel is that we got some commercial facing
18:42:30 my property, and I mean, they could -- I don't know
18:42:34 how many stories they'll go up, but it will be more
18:42:36 than three.
18:42:38 So I thought it would be a nice buffer going into the
18:42:41 neighborhood.
18:42:43 And the other properties are zoned RM-20, which I'm
18:42:47 sure that there's already been a couple of developers
18:42:49 that are looking at purchasing the rest of the
18:42:51 property, which these owners know about.
18:42:59 >>GWEN MILLER: We'll hear from the staff.
18:43:04 >> Mary Danielewicz Bryson.
18:43:06 The three threes are Australian pines.
18:43:08 They are invasive and they need to be removed.
18:43:14 >>LINDA SAUL-SENA: I had a question for the
18:43:15 petitioner.
18:43:17 About three blocks away from your property, there's an
18:43:21 identical twin building that somebody is renovating.

18:43:25 And I looked at the pro forma you developed on what it
18:43:28 would take to redo that building, and the majority of
18:43:32 the price that you identified was for purchasing lots.
18:43:35 But the actual rehab cost was not significant on a
18:43:41 per-square-foot basis.
18:43:44 So how come you aren't just renovating what is there
18:43:47 instead of paring it down and wanting to build
18:43:50 something that's much larger?
18:43:52 >> We did look into that.
18:43:53 We had contractors come out, and they wanted to take
18:43:56 it up to the historical level.
18:43:58 And we have been bringing up to current code, that's
18:44:01 re-doing plumbing, re-doing electrical.
18:44:04 Re-doing drywall.
18:44:05 It's taking it down to the bare walls and also fixing
18:44:09 the bricks and reroofing and things like that.
18:44:11 And it was a significant cost.
18:44:13 The quote that we got was like 600 and something
18:44:16 thousand.
18:44:16 >>LINDA SAUL-SENA: But that would be for four units.
18:44:18 What I'm just putting out to you, and I know that
18:44:21 Dennis Fernandez with historic preservation felt that

18:44:24 he wasn't able to offer you enough incentives to make
18:44:27 it worth your while.
18:44:28 But long term, the product you would have, which is
18:44:35 original lumber, original brick -- lot could -- I'm
18:44:43 just putting this out there, could generate more
18:44:45 income than what you're proposing which is out of
18:44:47 scale.
18:44:48 When we look at your drawings, the side view of your
18:44:51 building, you were using every last square inch.
18:44:53 You're up to the property line in front, back and both
18:44:56 sides.
18:44:58 To your neighbors, it will be like this mammoth
18:45:00 development in the middle of a row of single-family
18:45:03 homes.
18:45:03 I just feel like what is there now is much more
18:45:06 proportionate and appropriate.
18:45:09 >> One of the reasons, my taxes have tripled.
18:45:13 I can't even rent my property and make it.
18:45:17 If I go and I spend that much more money on my
18:45:19 property, I still won't recover my cost, because I'd
18:45:24 have to be putting another 600,000.
18:45:26 I couldn't even rent the property for that.

18:45:28 I'm having difficulty renting it now.
18:45:31 And that's at 885.
18:45:33 >>LINDA SAUL-SENA: Will these be condos or apartments?
18:45:37 >> These will be town homes.
18:45:39 Fee simple.
18:45:40 And the setbacks on the back is like -- what was the
18:45:45 rear setback?
18:45:50 20 and 30.
18:45:51 So we're not up against their property line.
18:45:53 I do have an existing structure that's right on their
18:45:56 property line and they've never said anything about
18:45:58 it.
18:45:58 >>LINDA SAUL-SENA: That's because it's smaller.
18:46:01 >> It's four-unit and it's like three-feet off the
18:46:04 property line.
18:46:05 So, I mean, we try to take that into consideration.
18:46:08 It is going to be a lot of open space in the back.
18:46:11 20 something feet.
18:46:12 And then on the sides, we met the RS-60 setbacks.
18:46:18 We tried to do that.
18:46:19 One of the reasons we moved the building forward and
18:46:22 we only had the 15 feet -- actually, it's 16 feet from

18:46:25 the sidewalk was because solid waste wanted a dumpster
18:46:29 in the back instead of picking the cans.
18:46:33 We first proposed putting trash cans inside the
18:46:35 garages, taking them out and letting the owners take
18:46:38 them out to the curbside, which I've seen a lot of
18:46:41 sites do.
18:46:42 And she wanted a dumpster.
18:46:44 So we had to try to accommodate that dumpster.
18:46:47 We had to move it forward.
18:46:49 But we could possibly go back some if we could redo
18:46:53 the dumpster site.
18:46:55 And we would probably get almost 20 something feet for
18:46:59 them if not closer.
18:47:03 >>MARY ALVAREZ: It seems like the main objection is
18:47:05 the height of this building.
18:47:07 So would you be willing, like Mr. Reddick mentioned,
18:47:10 bring it down a little bit, say, to 36 feet?
18:47:13 >> I could do something with the parapet and bring it
18:47:17 down to 29 instead of 30.
18:47:20 >>MARY ALVAREZ: That might work.
18:47:22 >>GWEN MILLER: Need to close the public hearing.
18:47:24 >>MARY ALVAREZ: So moved.

18:47:28 >> Will that necessitate a change to the site plan?
18:47:31 >> Yes.
18:47:32 >> So we'll have to continue this.
18:47:34 >> That's correct, yes, sir.
18:47:35 >>MARY ALVAREZ: Move to continue.
18:47:38 >> Second.
18:47:38 >>SHAWN HARRISON: How long will it take?
18:47:41 >> How long does it take to make the changes to the
18:47:44 parapet wall and additional changes that landscaping
18:47:47 requires?
18:47:52 Tomorrow?
18:48:00 >> A week?
18:48:08 >>MARTIN SHELBY: Council, just so the record is clear,
18:48:11 is that -- does that address what Council perceives to
18:48:16 be the sole basis of the objection, and should they
18:48:18 come back and the public hearing is still continued,
18:48:21 obviously is it your intention to take any additional
18:48:25 testimony?
18:48:25 Obviously those people have already spoken won't have
18:48:28 the opportunity except to the fact that this is a
18:48:31 change that brings it back down and it's a substantial
18:48:34 change to the site plan, would that give these people

18:48:36 another opportunity if they want to?
18:48:38 I want to be clear on the record so there's no
18:48:41 unintended consequences as a result of coming back and
18:48:43 then having -- you know, after this is done, that they
18:48:46 are acting in good faith to bring it back and Council
18:48:49 would have additional changes after that, just so
18:48:50 there's some sort of direction as a result of this
18:48:53 public hearing.
18:49:00 Wish to opine on that, just that if there are any
18:49:02 additional objections or any other additional grounds
18:49:07 on the basis of what they heard at the public hearing,
18:49:09 this would be a good opportunity to do so.
18:49:13 >>SHAWN HARRISON: My opining would be that -- one of
18:49:17 the major things that we heard from the neighborhood
18:49:19 was height.
18:49:20 And that clearly appears to be the most glaring
18:49:22 problem.
18:49:23 But it sounded to me like the underlying current in
18:49:26 the conversation was it's too massive.
18:49:30 So I'm not sure that you're going to sell everybody by
18:49:33 just reducing the height.
18:49:35 And what I would suggest is that the neighborhood gets

18:49:39 a chance to come back after they review the new plan
18:49:43 to opine themselves on what they think that that may
18:49:46 have accomplished.
18:49:48 Maybe that will address it.
18:49:50 Maybe it won't.
18:49:50 But we certainly, if we're going to go that route,
18:49:53 ought to open it back up for public hearing.
18:49:55 >>LINDA SAUL-SENA: When you look at the photographs
18:49:59 that we've been handed, this is a quiet residential
18:50:03 street.
18:50:04 And I know that across the street there's going to be
18:50:07 increased density.
18:50:09 We're seeing a series of single-family houses along
18:50:11 the street.
18:50:12 I'm not suggesting this be a single-family house, but
18:50:15 I am suggesting if this project were six units rather
18:50:18 than seven, for one thing, it would be more
18:50:20 symmetrical.
18:50:21 For another thing, it would create less mass for the
18:50:24 neighbors to deal with.
18:50:25 So what I would like to suggest is that we continue
18:50:28 this to both lower the height and reduce one of the

18:50:31 units, and make it a smaller project.
18:50:35 It still is a lot, but I think it would fit in better,
18:50:38 and I think it would be more considerate of the
18:50:39 neighbors, and I think it would still be profitable.
18:50:42 So that's what I would like to see.
18:50:50 >> I would like to keep the seven.
18:50:52 I feel like for my own self -- and as the future
18:50:59 development of that road is coming in, they are
18:51:03 looking on the other side, five or six stories, and
18:51:07 this is only going to be three.
18:51:08 It's going to be massive.
18:51:09 No matter what I do.
18:51:11 I mean, they are going to look out their front yard
18:51:13 and see massive four or five stories.
18:51:18 Why am I different?
18:51:20 I don't know.
18:51:26 >>GWEN MILLER: We had a motion to continue.
18:51:28 >>LINDA SAUL-SENA: Well, I think we should provide
18:51:30 direction.
18:51:31 So Madam Chairman.
18:51:33 With all deference to the petitioner, I think what
18:51:37 we're talking about is not only what's to the North of

18:51:40 you but the East, West and South of you.
18:51:42 And based on the fact that to the East, West and South
18:51:46 are single-family residences, my motion would be to
18:51:48 continue this with an eye toward the petitioner coming
18:51:51 back with less height and six units.
18:51:55 >>MARTIN SHELBY: Council, if the petitioner is willing
18:51:57 to do that, I would suggest the petitioner state that
18:52:00 on the record.
18:52:01 The petitioner does have the opportunity today and the
18:52:05 right to have Council make a determination on the site
18:52:07 plan that's before it.
18:52:08 If the petitioner is not willing to ask for that
18:52:11 continuance or does not wish to have that continuance,
18:52:13 the appropriate motion would be then to either approve
18:52:16 it as presented or deny it with the appropriate bases
18:52:21 for denial.
18:52:22 So I guess the question would be for the petitioner,
18:52:25 what is your request?
18:52:33 >> I guess I could go to six.
18:52:35 I would prefer not to go to six.
18:52:37 I don't feel where that's going, you know, keep them
18:52:41 from seeing a massive structure when they'll go right

18:52:44 out front in their yard and see a massive structure.
18:52:47 And then eventually they are going to come in and do
18:52:50 the other development.
18:52:55 >>SHAWN HARRISON: Well, you're caught in a quandary
18:52:59 here because there are only two of us that really
18:53:01 offered any assistance here.
18:53:03 So maybe you can get more from others.
18:53:05 But I agree with Ms. Saul-Sena that if this were
18:53:09 reduced to six, you could probably draw them in
18:53:13 further and give a little bit more on either side so
18:53:16 that it wouldn't go right up and be so massive right
18:53:19 there close.
18:53:23 But there are economic realities at work here, too.
18:53:26 So maybe what you all do, you go back and you check
18:53:28 and see if you can't make six work economically, then
18:53:32 you come back with seven and try to sell it.
18:53:35 >> Can I ask you a question?
18:53:38 [ LAUGHTER ]
18:53:38 You said move them back.
18:53:45 How much further back would you guys accept seven?
18:53:47 >>SHAWN HARRISON: It doesn't work that way.
18:53:50 You really have to try to figure out what you think

18:53:52 you can make work and what you can try to get the
18:53:55 neighborhood to accept.
18:53:59 >> That was to the point I was going to speak to since
18:54:01 we are going around the table and offering opinions is
18:54:04 to look at moving it back away from the street.
18:54:07 I don't have a strong feeling one way or the other on
18:54:09 the number of units, but the scale is obviously an
18:54:13 issue with the neighbors.
18:54:14 And if we were able to get it farther off the street,
18:54:17 you may have a different reaction.
18:54:21 I don't know.
18:54:21 And I'm a little concerned that solid waste objection
18:54:28 that's forcing it near the street, I don't understand
18:54:30 the need for a dumpster.
18:54:32 Maybe that's something we could discuss and evaluate
18:54:35 at some point.
18:54:36 If that was the major impediment forcing you right up
18:54:39 to the street, I would hope that there would be a way
18:54:41 to resolve that.
18:54:45 >> Phil Schultz, Land Development coordination, on
18:54:48 that same note, I would like to ask that the
18:54:50 petitioner contact solid waste and have them

18:54:52 reconsider, if they are going to reduce the units from
18:54:54 seven to six, possibly go to the curbside, which would
18:54:58 afford us a larger front yard setback and still
18:55:01 maintain the integrity of the two-car garages and just
18:55:05 place a note on the plan where they would then bring
18:55:08 their receptacles in the garage on nonservice days.
18:55:12 I would ask that the petitioner consider that as well.
18:55:18 >>GWEN MILLER: Petitioner, do you have everything they
18:55:20 have asked of you?
18:55:21 >> Yes.
18:55:22 >>GWEN MILLER: We need a motion to continue.
18:55:23 >>MARTIN SHELBY: Is it your request then to have it
18:55:25 continued to address these issues that you've heard?
18:55:28 >> Yes, to address the height and the front setback,
18:55:32 see if I can bring the units in.
18:55:35 >>MARTIN SHELBY: It's your request for the continuance
18:55:36 then?
18:55:37 >> Yes.
18:55:37 >>GWEN MILLER: What date?
18:55:39 >> You can do this on the a.m. on March 1st or
18:55:42 a p.m. on March 8th.
18:55:45 >>LINDA SAUL-SENA: I think we should have it in the

18:55:47 neighbor because of the neighbors.
18:55:49 >> The petitioner is stating that March 8 would be
18:55:51 more workable for them.
18:55:53 >>GWEN MILLER: How crowded is March 8?
18:55:58 >>FRANK REDDICK: Move to continue.
18:55:59 >>LINDA SAUL-SENA: I move that we have it March 8th.
18:56:11 >> According to your calendar, you currently have one
18:56:13 text amendment at 5:30.
18:56:15 You have one closure public hearing at 6.
18:56:17 You have eight land rezonings at six, two land
18:56:19 rezonings continued at 6:00.
18:56:23 And I don't think we've added anything more to that
18:56:25 agenda.
18:56:27 >>GWEN MILLER: Just one more then.
18:56:28 >>LINDA SAUL-SENA: Move to continue to March 8th.
18:56:30 >>GWEN MILLER: We have a motion and second.
18:56:32 All in favor, aye.
18:56:33 [Motion Carried]
18:56:34 >>MARTIN SHELBY: 6 p.m.
18:56:36 >>GWEN MILLER: 6 p.m.
18:56:37 Need to open item 14.
18:56:39 We have a motion and second.

18:56:40 All in favor, aye.
18:56:42 [Motion Carried]
18:56:43 >> Phil Schultz, Land Development Coordination, I have
18:57:07 been sworn.
18:57:08 The next case on the agenda is item 14, rezoning case
18:57:17 Z06-124, located at 2305 West Sligh Avenue.
18:57:23 Rezoning from RS-50 to RO.
18:57:27 The district is six.
18:57:29 Neighborhood is river bend Civic Association.
18:57:37 The development review committee has reviewed this
18:57:40 petition.
18:57:40 We do have objections to this.
18:57:44 There are -- currently, there is one waiver being
18:57:47 requested per section 13-161-E, waiver of greenspace
18:57:53 of 360 square feet would be assessed as a payment in
18:57:56 lieu fee to the parks and recreation department.
18:57:59 At the current rate assessed and paid prior to the
18:58:02 time of building permit issuance.
18:58:03 The petitioner under summary of the project, the
18:58:06 petitioner proposes to rezone the property at 2305
18:58:10 West Sligh Avenue to rehabilitate an existing
18:58:13 residence to a 1,478-square-foot office to the RO

18:58:17 standards as a private office.
18:58:19 The existing height is 8 feet to the eve.
18:58:22 The petitioner has provided photos of the existing
18:58:25 facade, elevations.
18:58:27 The RO setbacks are 34.1 -- correction, 11 inches on
18:58:33 the South side fronting West Sligh Street.
18:58:36 18.3 on the East side.
18:58:38 30.8 in the corner on the North side, and 12 feet on
18:58:43 the West side.
18:58:44 The petitioner is providing three new parking spaces
18:58:47 in the front combined with two tandem parking which we
18:58:50 are requesting to be added as a waiver and currently
18:58:54 an objection in our report, which I'll get into in a
18:58:58 moment, and one in the garage for total of six parking
18:59:01 spaces to exceed the required five parking spaces.
18:59:05 The elmo please.
18:59:23 Here is the subject parcel.
18:59:24 It's probably three parcels down from Armenia.
18:59:31 You have Howard Street on the East side.
18:59:35 It's on the North side of Sligh.
18:59:45 Please refer to your aerial photo, please.
18:59:48 As you can see, there are several commercial uses

18:59:52 adjacent to this and also a convenience store opposite
18:59:58 the South side.
18:59:59 There are other single-family residential units,
19:00:01 however on the South side, and three all the way over
19:00:05 to Howard on the same side of the road.
19:00:14 This is the picture of the subject property.
19:00:16 You can see it's already got an existing turn around.
19:00:20 If you look at your site plan, you notice that there
19:00:22 are three new parking spaces in the front with one ADA
19:00:26 parking space.
19:00:27 And we're asking the petitioner to add a waiver
19:00:30 requesting tandem parking to the site plan, which
19:00:33 would require continuance of this.
19:00:36 Here is the adjacent property to the West on the same
19:00:39 side.
19:00:40 This is a view of the intersection down at Armenia.
19:00:47 Here is the house directly across the street.
19:00:51 This is another view of the intersection down towards
19:00:54 Armenia.
19:00:58 Transportation also would like to object for the
19:01:03 tandem parking that we're recommending.
19:01:07 And transportation is here to respond to any of your

19:01:10 questions.
19:01:11 We also have technical objections on the landscaping
19:01:14 and Mary Danielewicz Bryson is here to answer any of
19:01:18 those questions.
19:01:20 >>LINDA SAUL-SENA: What about signage?
19:01:22 I don't see it on the site plan.
19:01:28 >> Is there a note there on compliance with chapter
19:01:31 20.5 in the upper right-hand corner?
19:01:33 >>LINDA SAUL-SENA: Well, that doesn't exactly answer
19:01:36 my question.
19:01:37 I don't see looking at where they could put signage,
19:01:41 except smack on the building.
19:01:42 I don't think you could put like a monument sign.
19:01:44 >> None is provided to us, and that might be a good
19:01:46 question for the petitioner, ma'am.
19:01:48 >>LINDA SAUL-SENA: Okay.
19:01:49 Thank you.
19:01:53 Do we ask now to hear from Mary?
19:01:55 Isn't this the time since we're hearing from staff.
19:02:05 >> Mary Danielewicz Bryson, Land Development
19:02:09 coordination.
19:02:09 I have been sworn.

19:02:15 Basically, we're presenting a technical objection
19:02:21 because of the way the parking has to be reconfigured
19:02:23 in the front, they have no choice but to reduce that
19:02:25 landscape buffer.
19:02:27 And they are mitigating that through the greenspace.
19:02:35 It's a technical objection.
19:02:40 It doesn't meet the technical aspect of the code, but
19:02:40 there are mitigating circumstances.
19:02:42 So that would be for you to decide.
19:02:48 >>GWEN MILLER: Planning Commission staff?
19:02:52 >> Tony Garcia, Planning Commission.
19:02:54 I've been sworn.
19:03:01 Couple of the top issues.
19:03:02 Here is the intersection of Sligh and Armenia.
19:03:05 Here is the subject site.
19:03:06 This particular segment of Sligh Avenue is all
19:03:08 residential 20.
19:03:09 So the request to go to office doesn't meet locational
19:03:13 criteria standards as far as the residential land use
19:03:16 category is concerned.
19:03:20 This is one of the -- in this general area, this is
19:03:24 one of the more intensive commercial nodes,

19:03:27 intersection of Armenia and Sligh for this particular
19:03:29 area of river bend and the North Lowry Park area.
19:03:34 You do have a commercial use on the corner and a lower
19:03:37 intensity office use and then the proposed office use
19:03:40 over here which is a good transition of intensity as
19:03:42 one goes away from the intersection.
19:03:44 This is Howard Avenue.
19:03:47 Housewife bakery and couple of other commercial
19:03:50 structures.
19:03:52 Along Armenia, as one goes away, this is a drugstore
19:03:55 right here on the corner.
19:03:58 As I said before, it does meet the locational criteria
19:04:01 standards for professional office use.
19:04:03 Being that West Sligh Avenue is considered a minor
19:04:06 arterial road and the potential for increased
19:04:09 residential uses on this particular segment of Sligh
19:04:12 is not really likely and it would really transition
19:04:15 more to a lower density type of office use being more
19:04:19 of a functional type of use for this particular
19:04:22 road -- roadway.
19:04:23 The Planning Commission had no objection to the
19:04:26 proposed request.

19:04:29 >>GWEN MILLER: Petitioner?
19:04:41 >> Good evening.
19:04:42 My name is Mario Espaillat. I've been sworn.
19:04:49 I'm talking on behalf of the owner, and the staff
19:04:55 already explained everything, but I want to just go
19:04:58 over it one more time.
19:05:03 Let me put it this way so you can see.
19:05:07 The dotted line that you see there is existing
19:05:10 driveway that they have right now.
19:05:11 If you can see, when people go to the house, the three
19:05:15 cars would be one behind the other.
19:05:18 It would be a problem if the middle car goes out
19:05:20 anyway.
19:05:21 We propose to do -- by doing that, we have to increase
19:05:30 the size of the driveway and parking down here.
19:05:32 That's why we are not able to put that buffer in the
19:05:34 front of the property.
19:05:35 There's no way we can do it if we want to do the three
19:05:38 parking.
19:05:38 But we're leaving little bit of green area.
19:05:43 The question about the sign, I talked to the owners
19:05:45 just now, they have an Internet-based business right

19:05:48 now.
19:05:49 They don't need a sign right now.
19:05:51 But if there is a proposed fine later -- sign, it will
19:06:00 be located on this side of the greenspace, on the West
19:06:04 side of the property.
19:06:07 Right now they don't need a sign at all.
19:06:18 Let me show you, we presented letters.
19:06:20 I don't know if you have it on file.
19:06:22 The house in front, the one he showed, that's one of
19:06:24 the letters and two houses down to the East, three
19:06:28 houses down to the East, there's another letter and
19:06:30 another neighbor that I really don't know the
19:06:32 location, but people are okay with the project there.
19:06:38 I wanted to present the same views that staff
19:06:44 presented of the intersection.
19:06:52 -- there is this business right next to their house.
19:07:01 And then their house is to the East of this project.
19:07:06 And that would be residential office.
19:07:15 This map locates again the property here.
19:07:18 And all in red either residential office or commercial
19:07:21 neighborhood.
19:07:28 You can see, Sligh Avenue is really turning, like

19:07:30 staff said, a lot of offices, small offices and small
19:07:33 commercial neighborhood projects.
19:07:35 If you have any questions, I'm available.
19:07:39 >>MARY ALVAREZ: What kind of business are you putting
19:07:41 in there?
19:07:44 >> I think it's promotions, business cards and stuff
19:07:48 like that.
19:07:49 It's all Internet based.
19:07:50 Not too many should have to go to the office.
19:07:53 >>MARY ALVAREZ: That's what I was going to ask.
19:07:55 You don't expect walk-in traffic or cars coming in or
19:07:59 anything like that.
19:08:01 >> But like staff said, we need five parking.
19:08:04 We have three, but --
19:08:08 >>MARY ALVAREZ: And then the tandem parking for two.
19:08:13 >> We have a driveway that goes to an existing two-car
19:08:17 garage in the back of the property.
19:08:19 Right there you have three more or maybe four if you
19:08:21 put two in the garage in the back.
19:08:24 So we're going to exceed the parking requirements, if
19:08:27 you allow that.
19:08:28 >>GWEN MILLER: Mr. Reddick.

19:08:31 >>FRANK REDDICK: [microphone not on] the business,
19:08:39 will it be promotional?
19:08:42 >> I don't know if I should ask the owner exactly the
19:08:44 type of business they have.
19:08:45 >>FRANK REDDICK: Well, I guess the only problem would
19:08:50 be if you don't know.
19:08:53 If they are doing business cards and those type of
19:08:55 things, wouldn't people come to the building to order
19:08:58 and pick up their cards?
19:08:59 >> Yeah.
19:09:00 >>FRANK REDDICK: All right.
19:09:01 So there will be some traffic in and out.
19:09:03 >> Yeah.
19:09:04 I thought what they said, people walking into the
19:09:07 office.
19:09:07 >>MARY ALVAREZ: I said walk-in traffic.
19:09:10 >> Okay.
19:09:10 I was confused.
19:09:12 Maybe one car at a time.
19:09:14 It will never be filled up like all the parking.
19:09:16 >>MARY ALVAREZ: Most of the business is through the
19:09:18 Internet.

19:09:20 If I go to the.
19:09:21 >> If I go to the office, I make an order, they leave.
19:09:26 They just go to pick up.
19:09:28 There's not a lot of people going there for meetings.
19:09:30 >>GWEN MILLER: Is there anyone in the public want to
19:09:32 speak on item number 14?
19:09:34 >>MARY ALVAREZ: Move to close.
19:09:35 >>FRANK REDDICK: Second.
19:09:38 >>GWEN MILLER: We can't close.
19:09:39 This is to be continued.
19:09:41 >> Yes, Madam Chair.
19:09:42 They need to add a waiver for the tandem parking on
19:09:45 the site plan, so it should be continued for a
19:09:48 two-week period.
19:09:50 You can have that into our office by tomorrow at noon?
19:09:59 >>GWEN MILLER: Can we do this in a day meeting?
19:10:03 >> He can have the changes into us by tomorrow at
19:10:07 noon.
19:10:09 >>GWEN MILLER: The 22nd at 10 a.m.
19:10:12 >> Yes, ma'am.
19:10:13 >>GWEN MILLER: We need a motion for that.
19:10:15 All in favor of the mowing, aye.

19:10:16 [Motion Carried]
19:10:17 We need to open item 15.
19:10:20 We have a motion and second.
19:10:21 All in favor of the motion, aye.
19:10:23 [Motion Carried]
19:10:58 >> Madam Chair, the next item is item 15.
19:11:17 Rezoning case for a special use permit.
19:11:20 V07-01, located at 4418 West Gandy, located in the
19:11:28 Gandy sun bay Civic Association area.
19:11:33 South Civic Association, I apologize.
19:11:37 Petitioner is Amsouth Bank.
19:11:39 The development has been reviewed by the DRC, and we
19:11:42 do have some objections, as I'll point out later,
19:11:47 those all have been removed.
19:11:49 The proposal is to rezone the current CI and CG
19:11:54 districts and allow a special use permit for a bank
19:11:57 drive-through.
19:11:59 There are no waivers requested.
19:12:01 The petitioner is requesting a special use permit for
19:12:04 the property at 4418 West Gandy Boulevard to construct
19:12:07 a new branch bank drive-through for Amsouth Bank.
19:12:11 The proposed building is a 3,820-square-foot building

19:12:15 and will be 25 feet in height.
19:12:17 The project requires 16 parking spaces and 31 spaces
19:12:21 are being provided.
19:12:22 The subject parcel has a shared storm drainage
19:12:26 retention pond and shared ingress and egress service
19:12:29 drives to both West Gandy Boulevard and South
19:12:31 Manhattan Avenue.
19:12:33 Elmo, please.
19:12:36 As you can see, here is the subject property.
19:12:39 The service drive is on the easterly side of the
19:12:41 parcel, if you look at the site plans that I've
19:12:44 provided to you.
19:12:45 Service drives to the rear, also with access over to
19:12:48 Manhattan.
19:12:49 And this is Gandy Boulevard.
19:12:53 The aerial photo, this gives you a better perspective
19:13:01 of the size of the property.
19:13:03 You can see in the rear the storm drainage retention
19:13:06 area that was mentioned.
19:13:09 This is Dunkin' Donuts, Kentucky Fried Chicken, and
19:13:15 I'll show you the one on the other side.
19:13:19 This is the existing structure on the site.

19:13:28 This is the westerly tenant.
19:13:31 This is a view of Manhattan and Gandy.
19:13:34 You can see Kentucky fried chicken here to the West
19:13:37 and you can see the sign for Dunkin' Donuts also.
19:13:42 These are the occupants just across on the North side
19:13:45 of Gandy.
19:13:51 Sonic is the other tenant on the other side of the
19:13:53 road.
19:13:54 And then here is a view looking towards the West going
19:13:58 towards St. Pete.
19:14:00 All objections by each of the DRC staff members has
19:14:04 been resolved and mitigated.
19:14:06 If you have any questions, we would be glad to answer
19:14:09 any.
19:14:16 >> Tony Garcia, Planning Commission staff.
19:14:17 I have been sworn.
19:14:19 We're going to have to talk about that food thing.
19:14:24 I always point out the food places.
19:14:27 Good job.
19:14:28 He did a good job.
19:14:32 Again -- Manhattan, intersection of Manhattan and
19:14:39 Gandy Boulevard.

19:14:39 Urban mixed use 60.
19:14:41 This is residential 20, residential 10, residential
19:14:44 35, heavy commercial 24.
19:14:51 Most of the ingress/egress off of Manhattan is through
19:14:54 an access point right over here where people can
19:14:56 access the fast food establishments that Mr. Schultz
19:15:00 has already pointed out.
19:15:02 This is the proposed site.
19:15:03 As it relates to the interface of the residential to
19:15:07 the South, I think what is significant, there is no
19:15:10 residential presence on the North face of McElroy,
19:15:14 and you do have the actual physical boundary.
19:15:19 You only have residential uses on the South side.
19:15:21 There's no way any of these commercial uses access
19:15:25 McElroy.
19:15:26 You have a good natural buffer for any residential
19:15:29 uses to the South of McElroy.
19:15:32 The request is consistent and compatible with all the
19:15:35 CG and CN uses you see currently on this part of Gandy
19:15:38 Boulevard.
19:15:39 Planning Commission staff had no objection to the
19:15:41 proposed request.

19:15:44 >>GWEN MILLER: Petitioner?
19:15:47 >> Good evening, madam Chairman, Council members, my
19:15:50 name is Ben diamond with the law firm of Barnett,
19:15:54 bolt, Kirkwood, long & McBride.
19:15:57 I've been sworn.
19:15:58 With me this evening is bob bolt, our senior partner.
19:16:01 Also from interplan, we have Michael boo, Rick
19:16:05 creedermeyer and Matt Davidson to answer any questions
19:16:09 you might have.
19:16:09 Not going to repeat anything Mr. Schultz said in his
19:16:12 introduction.
19:16:16 I would like to just show a few pictures of the
19:16:20 current use which is a smoky's barbecue restaurant,
19:16:24 which is vacant, and the property is abandoned.
19:16:30 And as you can see, has quite a bit of trash on the
19:16:38 site.
19:16:39 >>LINDA SAUL-SENA: Excuse me, sir.
19:16:41 I think you are very bold for being the first
19:16:44 nontransfat use in this stretch of Gandy.
19:16:47 [ LAUGHTER ]
19:16:48 And I think that based on the drawings that you've
19:16:52 shown us, you are planning something that's an

19:16:54 admirable upgrade and in an effort to speed things
19:16:57 along, if you don't mind --
19:17:01 >> Thank you, councilwoman.
19:17:03 We thank Phil Schultz for his good report card.
19:17:07 We also wanted Council to know that we have met with
19:17:11 and extensively discussed this project with all three
19:17:16 Neighborhood Associations, not just the Gandy sun bay
19:17:19 South, but the bayside West Civic Association and the
19:17:22 fair oaks Manhattan manor Neighborhood Association.
19:17:25 And all three presidents of those associations have
19:17:29 submitted letters to the chair of this Council stating
19:17:33 that they have no objections to this petition.
19:17:38 We have copies of these letters.
19:17:40 May we distribute these copies?
19:17:42 >>GWEN MILLER: While he's distributing them, is there
19:17:45 anyone in the public who wants to speak to item 15?
19:17:50 >> Thank you, Madam Chair.
19:17:53 >>GWEN MILLER: You're welcome.
19:17:56 >> Good evening, Madam Chair, members of Council.
19:17:58 By the way, I have not been sworn.
19:17:59 I was out in the hallway.
19:18:02 Can we get that?

19:18:09 I do.
19:18:09 For the record, my name is Al Stenson, president of
19:18:12 the Gandy Civic Association.
19:18:14 As Mr. Diamond pointed out they do have in their
19:18:19 possession and I believe in the record a signed letter
19:18:22 by me stating that the association has no objections
19:18:28 to this petition.
19:18:29 We do have a couple of minor concerns that I think the
19:18:34 petitioner could easily take care of.
19:18:39 One of which is the access alleyway behind there that
19:18:43 runs to the East to Manhattan, number one, must --
19:18:48 because of the anticipated increase in traffic because
19:18:51 D.O.T. is not going to allow left turn out, if I
19:18:54 understand it, they can go in, but when they come back
19:18:58 out, they'll have to take a right turn to come back.
19:19:01 So they anticipate more traffic on that alleyway.
19:19:04 That alleyway needs to be kept in a good drivable
19:19:08 condition.
19:19:09 We ask that that be done.
19:19:11 It's my understanding that there is an agreement
19:19:13 between am South and the people that have the access
19:19:17 on the alleyway and that's Dunkin' Donuts that this

19:19:21 will be done.
19:19:22 I want to make it very clear that we are asking this
19:19:24 be done.
19:19:26 I haven't had a chance to talk about this next issue
19:19:28 because it just came to mind yesterday afternoon.
19:19:31 When that access alley meets Manhattan Avenue, I'm
19:19:34 requesting that they put a stop sign in there.
19:19:37 There's no stop sign now, and we would respectfully
19:19:40 request that there is one put in there because of the
19:19:42 anticipated increased traffic.
19:19:44 And with that, that concludes what I have to say and
19:19:47 we have no objections.
19:19:49 >>SHAWN HARRISON: That stop sign request out may be a
19:19:52 little tougher than what it sounds.
19:19:53 Is there someone from transportation back there to
19:19:57 address that?
19:19:59 >>GWEN MILLER: While he's waiting, is there anyone
19:20:01 else who would like to speak on item 15?
19:20:11 >> Good evening.
19:20:12 Transportation, I've been sworn.
19:20:14 >>GWEN MILLER: He was saying that he would like a stop
19:20:17 sign at the alleyway.

19:20:19 >> The access point.
19:20:21 That the gentleman just showed.
19:20:23 It's not a city street.
19:20:25 It's an access point for those properties.
19:20:28 It's not a city street, but we would ask that they put
19:20:31 a stop sign there for safety reasons only.
19:20:41 >> Melanie Calloway, transportation.
19:20:43 I have been sworn.
19:20:46 About the signing of the alleyways, stop signs have to
19:20:49 be warranted.
19:20:50 We don't normally sign alleyways because people know
19:20:53 entering a street from an alley, you do have to stop.
19:20:56 It's a requirement of state law to stop at an
19:20:59 intersection.
19:20:59 We don't normally sign them.
19:21:01 It has to be a warranted issue.
19:21:03 We don't usually sign alleyways.
19:21:07 State law to stop at an intersection and that is
19:21:10 considered an intersection.
19:21:13 >>GWEN MILLER: Any other questions?
19:21:17 >> May I remind Council that there are stop signs all
19:21:20 over the city and people run them day in and day out.

19:21:23 And I think this is a very simple request.
19:21:29 The petitioner can afford to keep the alley, he can
19:21:32 afford to buy a stop sign and put it in there.
19:21:35 >>GWEN MILLER: But I don't think transportation will
19:21:37 put one there.
19:21:40 >>CHARLES FLETCHER: I just have I guess a question for
19:21:43 transportation.
19:21:44 How is this different than say a grocery store that
19:21:47 puts a stop sign in front of the walkways in and out
19:21:50 of their entrances of their building.
19:21:52 It's on private property and it's an alleyway that
19:21:55 they are maintaining.
19:21:56 If the property owner is willing to do that, I don't
19:21:59 understand what the issue is.
19:22:01 >> Melanie Calloway, transportation.
19:22:05 The alley is public right-of-way.
19:22:08 >> I don't know.
19:22:09 We're asking you.
19:22:15 >> If you look at the site plan, ingress and egress
19:22:17 out of the parcel does have signage.
19:22:19 But the so-called alley, that's a shared easement with
19:22:23 several owners.

19:22:24 And I would think that all of the respective owners
19:22:27 who have rights to that would probably have to be
19:22:29 consulted.
19:22:34 >> Let me go look at the plan for just a second.
19:23:32 >> The plan, if you go to the elmo, it says
19:23:35 egress/ingress easement.
19:23:41 This is the aerial of the property.
19:23:44 This is what he's speaking about.
19:23:45 This isn't an alley.
19:23:47 This is actually just an access easement for the
19:23:49 properties.
19:23:52 This isn't an alley or public right-of-way, they can
19:23:55 put a stop sign in this location prior to -- on the
19:24:02 West side of the sidewalk.
19:24:06 We usually don't go in-depth, that detail.
19:24:10 They go to the construction service center.
19:24:12 Also, because this parcel is located right here.
19:24:14 It's not addressing here.
19:24:16 But if the petitioner was okay to put up a stop sign
19:24:21 and stop bar.
19:24:27 >> Thank you, Melanie.
19:24:28 We would be happy to work with the other three owners

19:24:31 involved with that access road to put a stop sign
19:24:34 there.
19:24:35 I don't see any problem in doing that.
19:24:36 >>GWEN MILLER: Thank you, petitioner.
19:24:39 >>SHAWN HARRISON: Do we need to put that on the site
19:24:41 plan?
19:24:45 >> That would have to be placed on the site plan.
19:24:47 What I'm also hearing, this is a private drive.
19:24:49 So I don't know that the -- is it a private drive or
19:24:52 private easement?
19:24:53 I don't know if this is an appropriate mechanism for
19:24:55 the city to make that a requirement when there are
19:24:57 other property owners involved that may have to agree
19:25:00 to that being done.
19:25:03 I guess my question would be whether or not this
19:25:06 counts as one of the access points.
19:25:12 >> It is.
19:25:13 They would all have to agree.
19:25:17 >> There's probably a way we can craft a note that
19:25:20 would make sure that that issue is dealt with at the
19:25:23 time of permitting.
19:25:25 So we would need a continuance for a minimum of two

19:25:28 weeks just to revise the site plan.
19:25:30 >>GWEN MILLER: When it comes back for second
19:25:32 reading --
19:25:32 >> First reading would have to be continued in order
19:25:34 to amend the site plan to provide.
19:25:38 There may be a way to craft that note, but I'm a
19:25:42 little bit concerned that what we're doing, we would
19:25:45 be putting a note on the site plan that couldn't be
19:25:47 complied with because there may be some requirement
19:25:50 through the easement that they get the approval of
19:25:54 these adjoining property owners.
19:26:00 What I'm recommending, continue this for two weeks and
19:26:02 we can look at that issue whether or not we can craft
19:26:05 a note that says if the other property owners agree to
19:26:08 have that.
19:26:09 But without knowing that, I think if you require a
19:26:11 note to be placed that says it has to be there, then
19:26:14 they may get caught at permitting.
19:26:17 >>GWEN MILLER: Mr. Fletcher.
19:26:18 >>CHARLES FLETCHER: I tend to agree with the Council's
19:26:22 assessment that this could be problematic.
19:26:30 Mr. Stenson.

19:26:33 >>GWEN MILLER: Mr. Stenson, come up please.
19:26:36 >> Madam Chair, I didn't mean this to become that
19:26:38 contentious.
19:26:39 If they can't put a stop sign in there, then let's put
19:26:43 a street bump there.
19:26:44 Slow them down.
19:26:45 I'm just looking after the safety of the people that
19:26:48 live in that neighborhood.
19:26:49 So, I mean, if a top sign becomes contentious in terms
19:26:53 of the site plan and legal, then let's put a speed
19:26:56 bump and slow them down.
19:26:57 >>GWEN MILLER: Can we go along with this tonight and
19:27:00 then come up with a solution?
19:27:02 >> If I could, we've got a commitment that they'll do
19:27:05 their best to do this.
19:27:07 I think that's okay with the homeowners association,
19:27:09 if I understood correctly.
19:27:12 And then if that's all right -- if that's all right,
19:27:16 then I think we're ready to go forward.
19:27:18 I don't think we need to spend two more weeks working
19:27:21 on this.
19:27:22 >>GWEN MILLER: He didn't mean to cause all this

19:27:24 problem.
19:27:24 We need to close the public hearing.
19:27:28 >>JOHN DINGFELDER: Just for clarification, make sure
19:27:30 we're all on the same page, there's no access
19:27:33 whatsoever to McElroy, correct?
19:27:35 >> Correct.
19:27:38 >>GWEN MILLER: We need to close the public hearing.
19:27:41 We have a motion and second to close.
19:27:42 [Motion Carried]
19:27:44 >>SHAWN HARRISON: Why don't you all see what you can
19:27:48 get worked out by second reading, and then just report
19:27:52 back.
19:27:52 If it's something we have to revise at that point, we
19:27:55 can do it.
19:27:55 Otherwise, maybe you can say yeah, we have a stop
19:28:00 sign.
19:28:00 Move an ordinance approving special use permit S-II,
19:28:07 approving a drive through the bank and a CI,
19:28:07 commercial intensive, and CG, commercial general,
19:28:08 zoning district in the general vicinity of 4418 West
19:28:12 Gandy Boulevard in the City of Tampa, Florida, and as
19:28:14 more particularly described in section 1 hereof,

19:28:17 providing an effective date.
19:28:18 >>GWEN MILLER: We have a motion and second.
19:28:21 All in favor, aye.
19:28:22 [Motion Carried]
19:28:23 Need to open item 16.
19:28:26 We have a motion and second.
19:28:28 [Motion Carried]
19:28:29 >> 16?
19:28:31 We can't hear 16.
19:28:34 >>GWEN MILLER: I mean 18.
19:28:36 18.
19:28:36 I'm sorry.
19:28:40 Item 18.
19:29:00 >> Next case, Madam Chair -- excuse me, for a moment.
19:29:14 Item 18, Z07-01.
19:29:21 Located in district 6, North Hyde Park neighborhood,
19:29:25 West Tampa overlay district.
19:29:28 Located at 1202 North Armenia Avenue.
19:29:31 The petitioner is Victoria Alvarez.
19:29:34 The DRC has reviewed this petition and has objections
19:29:37 to the request based on the site plan submitted
19:29:40 12/20/06.

19:29:42 The request is to rezone from RS-50 residential
19:29:46 single-family to PD planned development for
19:29:49 residential professional office.
19:29:51 The request is containing seven waivers.
19:29:55 First, section 27-130 to allow installation of a
19:29:59 six-foot PVC fence on North and West sides in lieu of
19:30:03 six-foot masonry wall.
19:30:05 Item 2, waiver for section 27-130 as well, reduction
19:30:10 in required buffer along rear property line from 15 --
19:30:15 from 15 feet to 1.3 feet.
19:30:19 Item 3, section 27-130 again, reduction in required
19:30:24 buffer along a portion of the North side yard from
19:30:26 15-feet to a minimum of 6.5 feet.
19:30:30 Item 4, again, a reduction request in the buffer along
19:30:34 a portion of Nassau Street from eight feet to one
19:30:38 feet.
19:30:39 Section item 5, section 27-246, reduction in drive
19:30:43 aisle from 26 feet to 16.5 feet.
19:30:47 Section 20, item 6, section 27-242, reduction in the
19:30:53 number of required parking spaces from five to three.
19:30:57 Item 7, section 27-246, to allow local street access
19:31:02 to Nassau Street for nonresidential use.

19:31:06 In summary, the petitioner proposes to rezone the
19:31:09 property at 1202 North Armenia Street to substantially
19:31:17 rehabilitate an existing single-family residential
19:31:19 house and convert it into a residential professional
19:31:22 office use.
19:31:23 The first floor area contains 1,230 square feet.
19:31:26 The existing height is less than 35 feet of the
19:31:29 structure.
19:31:29 The units from -- the units front entrance on North
19:31:35 Armenia Avenue with a business entrance adjacent to
19:31:38 the parking area in the rear.
19:31:40 The PD setbacks are 21.9 feet on the East side
19:31:43 fronting North Armenia Avenue.
19:31:45 14.1 on the South side fronting on Nassau Street.
19:31:49 6.5 on the North side, and 41 on the West side of the
19:31:53 rear yard.
19:32:03 I have some photographs here to show you.
19:32:13 As you can see, the subject parcel on the corner of
19:32:16 Nassau, this is Nassau, this is North Armenia.
19:32:22 Here you have the interstate and down here you have
19:32:25 Kennedy.
19:32:26 Please note that the zoning all along the side of the

19:32:30 petition request is RS-50.
19:32:42 What was the question again?
19:32:44 >> Is the armory on that map?
19:32:48 The armory is not on that map?
19:32:52 >> It wouldn't be.
19:32:54 This is before you get to --
19:32:56 >> If you look at your aerial photo provided.
19:32:58 Again you'll see Nassau, Arch Street to the North and
19:33:02 then you have Armenia and then here is our subject
19:33:05 parcel.
19:33:06 As you can see, all the other homes on either side are
19:33:09 single-family residential.
19:33:13 This is the subject parcel.
19:33:14 It actually looks better than this now.
19:33:18 Ms. Alvarez can explain that.
19:33:20 She's had some substantial work done to the exterior
19:33:23 with some aluminum siding.
19:33:26 Here's a side view of the subject parcel, and the
19:33:32 rear.
19:33:33 This is the property directly across the street from
19:33:36 the subject property.
19:33:41 This is a view looking towards 275 to the North on

19:33:44 Armenia.
19:33:45 You can see it's a heavily trafficked area.
19:33:47 Again, this is to the South on Armenia.
19:33:53 This is a picture of the house directly across to the
19:33:57 South of the subject parcel.
19:34:06 This is just beyond the subject parcel to the North on
19:34:10 Armenia.
19:34:11 Same side of the road.
19:34:13 This is directly across the road as well.
19:34:20 We have objections both in transportation, landscaping
19:34:23 and solid waste.
19:34:26 We would like the petitioner to continue that.
19:34:29 We also have an objection that this proposed
19:34:33 amendment -- excuse me, the proposed petition would be
19:34:38 contrary to the locational criteria in the city's
19:34:40 future land use plan which Mr. Tony Garcia will get
19:34:43 into right now.
19:34:52 >> Tony Garcia, Planning Commission staff.
19:34:53 I have been sworn in.
19:35:01 The site in question is located in the West Tampa area
19:35:03 as we all know its proximity to the interstate which
19:35:07 is just to the North.

19:35:08 As you can see on the sign over here.
19:35:10 Right just to the North of Laurel over here is the
19:35:15 interstate.
19:35:18 What's very interesting about this particular piece of
19:35:20 property and this particular segment of Armenia Avenue
19:35:24 is the following.
19:35:26 On the West side of Armenia Avenue, there is no
19:35:29 Neighborhood Association representation.
19:35:31 This is just on the outside the western terminus of
19:35:34 the North Hyde Park Neighborhood Association.
19:35:36 This is also right on the outside of the enterprise
19:35:40 zone boundary.
19:35:41 The enterprise zone boundary starts right here.
19:35:44 This particular area also of Armenia Avenue is outside
19:35:47 of the historic district for West Tampa.
19:35:50 We have met I think a variety of times and spoken with
19:35:55 the representative for the applicant and the applicant
19:35:58 themselves and have tried to examine a variety of
19:36:01 scenarios that can be worked out to accommodate this
19:36:04 use.
19:36:05 Unfortunately, due to the area that it's in and, of
19:36:07 course, the existing land use of R-10 and the existing

19:36:12 residential character which is currently still does
19:36:16 exist on LaSalle, on arch, on Nassau.
19:36:21 The request is probably premature in nature, even
19:36:24 though it is on a commercial corridor.
19:36:26 It technically does not meet the residential 10
19:36:30 criteria, which is very restrictive as it relates to
19:36:33 residential protection.
19:36:34 The R-10 locational criteria states that the existing
19:36:38 block face, there must be existing commercial zoning
19:36:41 on at least 50% of the block face for the site, which
19:36:44 is not the case.
19:36:45 It is all, as Mr. Schultz has pointed out to you, all
19:36:48 RS-50 currently.
19:36:51 Every time you are to go down an avenue to try and see
19:36:55 what you can do to make a positive out of this, you
19:36:58 run into a dead end all the time in looking at this
19:37:01 particular scenario.
19:37:08 Since the site is just outside of the enterprise zone
19:37:12 boundary and the West Tampa Historic District, the
19:37:14 adaptive reuse provision in the Land Development
19:37:16 regulations is not applicable, even though the request
19:37:19 would be consistent and would be in line with the

19:37:21 vision of most of the business owners in the West
19:37:24 Tampa area for the business corridors of Armenia and
19:37:26 Howard Avenue the current policies in provision of the
19:37:29 Tampa comprehensive plan other city initiatives fall
19:37:33 short.
19:37:33 With all potential scenarios explored by staff,
19:37:37 exhausted.
19:37:38 It is with that finding of these facts that the
19:37:41 Planning Commission staff has had to find this
19:37:43 particular request inconsistent with the comprehensive
19:37:45 plan.
19:37:46 >>GWEN MILLER: Petitioner?
19:37:54 >> Thank you, Madam Chair.
19:37:54 Members of Council.
19:37:56 Jim Porter, Ruden McClosky, Tampa.
19:37:59 I would like to thank Tony and Phil.
19:38:02 They have worked hard with us to try to find a way to
19:38:05 make this project happen.
19:38:06 We are very excited about this project.
19:38:07 Ms. Alvarez has bought this piece of property which
19:38:10 was a run-down house with a lot of problems.
19:38:13 Drug activity, prostitution activity on this.

19:38:18 She bought it with the intent to turn it into a law
19:38:21 office.
19:38:21 She's a sole practitioner, which means it's her and
19:38:24 one support staff.
19:38:25 She practices family and estate planning law.
19:38:28 So her clients come one at a time.
19:38:31 It's a very passive office use.
19:38:34 When she bought the property, she drove up and down
19:38:37 Armenia which as you know is an arterial with a
19:38:40 45 miles per hour speed limit.
19:38:41 Armenia between Kennedy and the interstate is dotted
19:38:44 with commercial and office uses.
19:38:46 In fact, there are a number of law offices on Armenia
19:38:48 very similar to what Ms. Alvarez is trying to do with
19:38:52 the property.
19:38:53 Her office hours are 8:30 to 5:00.
19:38:56 Again, it's a very passive use and serve as a good
19:39:00 buffer and transition to the residential property that
19:39:02 abuts it.
19:39:07 Although this is not part of any Neighborhood
19:39:09 Association, she has spent a lot of time meeting with
19:39:12 the surrounding neighborhoods.

19:39:13 Mr. Robert Allen is here tonight with the North Hyde
19:39:15 Park Civic Association.
19:39:17 They are in support.
19:39:18 In fact, at this time, it would be appropriate if I
19:39:20 could to pass out the letters of support that we have
19:39:24 for this project.
19:39:24 We're not aware of any opposition.
19:39:27 And I would like to pass these out to you just so you
19:39:29 get a sense that the neighborhood is excited about
19:39:32 this and enthusiastic about what she's trying to do.
19:39:46 West Tampa overlay committee has met on this project
19:39:54 and has recommended approval of it.
19:39:55 We met early on when we were trying to find a way to
19:39:58 make this work through adaptive reuse or through some
19:40:01 other project.
19:40:02 We met with Dennis Fernandez, who has submitted a
19:40:04 letter that I'm going to submit into the record as
19:40:06 well, talking about the historic nature of this house.
19:40:09 It was built in 1946.
19:40:11 It's representative of a lot of post-war structures in
19:40:15 West Tampa that were built.
19:40:16 I'm going to show you some photos.

19:40:18 >>GWEN MILLER: Let me see if you have any opposition?
19:40:20 Is there anyone in the public who wants to speak on
19:40:22 item 18?
19:40:24 >> Move to close.
19:40:26 >>GWEN MILLER: We've got to continue it.
19:40:31 How long do you have to continue it to?
19:40:36 >>MARY ALVAREZ: I go down North Armenia quite a bit,
19:40:40 and I know where this little house is that
19:40:43 Ms. Alvarez -- and by the way, we are not related.
19:40:49 Although it wouldn't be a bad idea.
19:40:53 It's ironic that across the street on the East side of
19:40:57 Armenia, if you look down there, it's all
19:41:01 transitional.
19:41:03 They are all pretty much offices, and most of them are
19:41:10 attorney's offices.
19:41:11 And yet you look on the West side of it, and until you
19:41:14 get to a little spot there.
19:41:17 They are all residential.
19:41:18 But then you go a little bit further down to cypress,
19:41:21 and they become all over again.
19:41:25 You've got more commercial uses in there.
19:41:27 So think this is a good project.

19:41:30 I think Ms. Alvarez would do a good job with her -- I
19:41:36 just wanted to say that I'm in true support with this.
19:41:38 >>GWEN MILLER: What do they have to do?
19:41:40 >> Madam Chair, I would also want to point out before
19:41:43 we get into the continuance and request for additional
19:41:46 changes to the site plan, that this corridor may be
19:41:50 one that you should definitely consider for comp plan
19:41:53 change.
19:41:54 >>MARY ALVAREZ: Absolutely.
19:41:56 >>GWEN MILLER: Petitioner, do you agree with that?
19:41:59 >> Yes.
19:42:00 >>JOHN DINGFELDER: Question, you said staff had
19:42:02 various objections.
19:42:05 Did we resolve most of them?
19:42:07 What is it you'll be changing over the next couple of
19:42:09 weeks?
19:42:12 >> Transportation still has three objections.
19:42:15 And they would like some modifications to the site
19:42:17 plan.
19:42:18 Landscaping, Mary Danielewicz Bryson is here and can
19:42:24 address her concerns.
19:42:25 All we need on solid waste is a small note to

19:42:28 specifically detail the receptacle niche and that's
19:42:33 minor.
19:42:35 But if the other ones are done, if the petitioner is
19:42:38 willing to do those, we would like to see this come
19:42:42 back in a few weeks, depending on their abilities to
19:42:46 change the plan and willingness to change the plan.
19:42:48 >>GWEN MILLER: let's hear from the petitioner.
19:42:51 >> Commissioners, we can dress -- or Council members,
19:42:53 we can address the landscaping issue and the dumpster
19:42:56 or the solid waste issue.
19:42:58 The parking, the situation is this.
19:43:00 We're asking for a waiver to parking in order to
19:43:02 preserve an existing mango tree on the property.
19:43:05 The neighbor specifically asked Ms. Alvarez to keep
19:43:07 that.
19:43:07 Again, it's representative of West Tampa.
19:43:09 We could take it out, but it's part of the fabric of
19:43:13 the community.
19:43:14 People come and take the mangos.
19:43:17 So, again, if it would solve the problem, we would
19:43:21 take it out, but we think it's better to keep it.
19:43:23 >>MARY ALVAREZ: That's probably the only mango tree

19:43:25 left in West Tampa.
19:43:29 >> I think Ms. Alvarez is afraid of what would happen
19:43:31 to her if she takes it out.
19:43:41 It's due tomorrow, and we would like a continuance for
19:43:43 two weeks.
19:43:44 We can meet that deadline.
19:43:45 >>GWEN MILLER: We have a motion and second to continue
19:43:47 for two weeks in the morning at 10 a.m.
19:43:50 >> Date, please.
19:43:51 >>GWEN MILLER: 22nd at 10 a.m.
19:43:56 All in favor of the motion, aye.
19:43:58 [Motion Carried]
19:43:59 >> Thank you.
19:43:59 >>GWEN MILLER: You're welcome.
19:44:00 Need to open 19.
19:44:01 We have a motion and second.
19:44:03 All in favor of the motion, aye.
19:44:29 >>LINDA SAUL-SENA: We understand that Council's policy
19:44:31 is that a mango tree trumps the parking.
19:44:40 >> Excuse me, this is a very large project.
19:44:42 >>GWEN MILLER: Oh, that large.
19:44:43 >>LINDA SAUL-SENA: Nice to see you, Mr. Allen.

19:44:46 Thanks for coming down.
19:45:55 >> There are actually three documents that should be
19:45:57 in each clip.
19:46:00 There is a landscape plan, elevations, as well as the
19:46:03 site plan and all supporting documentation for
19:46:07 demolition.
19:46:08 They are all in that project packet that you just
19:46:10 received.
19:46:11 But you only have four sections.
19:46:13 Madam Chair, the next item on the agenda is rezoning
19:46:16 Z07-02 located in district four in the Gandy sun bay
19:46:22 South Civic Association area.
19:46:23 5200 West Tyson Avenue.
19:46:26 Tampa marine investments LLC is the petitioner.
19:46:29 The DRC has reviewed this case, and we do have a few
19:46:33 objections this evening.
19:46:36 Petitioner is requesting to rezone from IG and IH.
19:46:40 Currently a marina and restaurant.
19:46:44 To PD planned development for a private yacht club.
19:46:48 The petitioner is requesting four waivers.
19:46:50 Waiver one is to section 27-77 to allow 85-foot
19:46:55 maximum height.

19:46:56 One section of the site is currently zoned IG with a
19:46:59 maximum height of 60 feet.
19:47:02 And a portion of the proposed site is IH, which has no
19:47:05 maximum height.
19:47:08 >>JOHN DINGFELDER: What's the exist building?
19:47:10 >> The existing building, well, it's the rattle fish
19:47:14 restaurant.
19:47:14 >>JOHN DINGFELDER: Then there's a high and dry there,
19:47:16 too.
19:47:16 >> Yes.
19:47:17 There are actually five buildings there now.
19:47:22 I'm sure the petitioner can respond, if you look at
19:47:25 the demolition plan, which I think is plan C-4, it
19:47:30 shows the three buildings to be demolished and
19:47:34 replaced with a larger boat barn.
19:47:37 And I'll get into that in my summary, if I may.
19:47:45 Waiver two, section 13-161-E, waiver of 20% to 17.8%
19:47:51 minimum vehicle use area open space.
19:47:54 This reduction of vehicle use area open space results
19:47:57 from the alternative design of the parking areas per
19:48:00 City Code.
19:48:01 So please keep that in mind.

19:48:03 Item 3, section 20.5.
19:48:06 This is the -- this and the fourth one we're asking
19:48:11 they be restated.
19:48:12 But it's your discretion to not have them restated if
19:48:15 you so wish.
19:48:16 They are requesting a waiver for two smaller
19:48:18 60-square-foot ground signs to be separately located
19:48:22 from 150 feet to 40 feet on either side of the main
19:48:25 entrance.
19:48:26 That's not the one that we have the objection to.
19:48:28 It's item 4, also of chapter 20.5, section 13-C,
19:48:34 waiver to allow in addition to the 600-square-foot
19:48:37 wall sign on Tyson allowed by code, they want to add
19:48:41 an additional two 600 square feet and one,
19:48:45 150-square-foot wall signs on building sides now
19:48:48 facing -- not facing the public right-of-way.
19:48:51 I apologize.
19:48:52 The signage plan breaks up signage, permits sign on
19:48:56 water approach and provides more efficient,
19:48:59 significant signage on Tyson Avenue.
19:49:02 You can see these signs on the elevations, which is a
19:49:05 separate packet before you this evening.

19:49:07 In summary, the petitioner proposes to rezone the
19:49:10 property at 5200 West Tyson Avenue to convert an
19:49:14 existing marina and restaurant to a private yacht club
19:49:17 on 7.357-acre site.
19:49:19 The proposed maximum height is 85 feet, which has been
19:49:22 reviewed by the proper aviation authorities and is
19:49:25 pending permitting subject to the petitioner, I might
19:49:28 add, submitting that.
19:49:30 They should probably respond as to the status of that.
19:49:32 Building elevations are attached to the site plan.
19:49:35 The PD setbacks are 10 feet on the north side fronting
19:49:38 West Tyson Avenue.
19:49:40 33 feet on the east side.
19:49:41 4.79 is an existing setback on the west side.
19:49:46 And varied setbacks from zero to 212 feet on the south
19:49:50 side fronting the water.
19:49:52 The five buildings include the following.
19:49:56 900 square feet, 2,250 square feet.
19:50:00 5,225 square feet, 9,650 square feet, and a
19:50:05 133,645-square-foot boat barn for the total of 151,670
19:50:12 square feet.
19:50:13 The floor area ratio allowed in this district

19:50:16 currently is .75.
19:50:17 The project proposes a floor area ratio of .38.
19:50:21 Project requires 79 parking spaces, and they are
19:50:25 providing 115 standard parking spaces with six ADA.
19:50:30 Land Development coordination, as I indicated before,
19:50:33 has an objection to the signage, the way it's stated.
19:50:40 Again, it's at your discretion if you wish to change
19:50:42 that.
19:50:44 Here is Tyson, if you look at the elmo, please, and
19:50:48 here is the subject property.
19:50:50 This is -- this little niche here is a private owner
19:50:53 parcel.
19:50:54 And here is the water of Tampa Bay.
19:50:57 As you can see, all of the other parcels contiguous to
19:51:00 this are zoned either IG or IH.
19:51:03 And here is the portion of the property, actually,
19:51:07 one-third of the uplands is zoned IH.
19:51:15 The aerial photo gives you a little better perspective
19:51:17 on the parcel.
19:51:18 Again, you can see Tyson boulevard here.
19:51:21 Westshore is over here to your far right.
19:51:25 On the East side and this is surrounded at rattlesnake

19:51:31 point here.
19:51:34 This is the current entrance of the subject property.
19:51:41 As you can see, this is looking down Tyson towards --
19:51:45 this is the other private property owner to the East.
19:51:49 But currently, the current building is zero lot line
19:51:54 setback.
19:51:56 And the petitioner will be tearing down this structure
19:51:59 and actually improving the ingress and egress for fire
19:52:03 protection, which I do have to make a comment on that
19:52:05 in a minute as well.
19:52:09 This is across the way, this is the United States army
19:52:12 reserve center.
19:52:13 And you can see the chlorine tank farm to the far
19:52:17 right.
19:52:18 And here is another picture of the chlorine tank
19:52:21 facility on the North side of Tyson.
19:52:25 I did receive an e-mail this evening before coming to
19:52:30 Council meeting.
19:52:32 In our discussions with the fire department, you'll
19:52:36 note in my staff report there is an objection from the
19:52:39 fire department because there are some encroachments
19:52:42 in the fire lane.

19:52:43 If you look at the site plan, you'll notice that there
19:52:47 is a boat wash facility, and there's also a handicap
19:52:50 ramp that goes into the 900-square-foot office area
19:52:54 that is connected to the boat barn.
19:52:56 They are encroaching in the fire lane, and the fire
19:52:59 department says that they don't object to the site
19:53:02 plan, but they would prior to construction services
19:53:06 issuing permits.
19:53:07 They would like that dealt with.
19:53:09 They would also like the issue as far as where, if you
19:53:13 look at the far right-hand corner, it would be the
19:53:18 southeast corner of the site plan.
19:53:20 You'll see three little dots in the ingress/egress
19:53:24 road.
19:53:24 Those are filler valves that are at grade level.
19:53:28 They are flush.
19:53:30 And those are for the gasoline tanks.
19:53:32 If you look at your plan, do you see where I'm talking
19:53:35 about?
19:53:45 There are underground storage tanks.
19:53:52 >> Is this page two?
19:54:01 >> You can see these three little filler tanks here.

19:54:07 These are agreed level -- these are grade level valves
19:54:12 where they put the gasoline in underground storage
19:54:15 tanks to refill their tanks for the boats.
19:54:19 The fire department is concerned, if you look at the
19:54:22 turning radius, these are not compacted properly and
19:54:26 they need to have absolute bearing to know if there
19:54:30 are vehicles when they turn in this area, that those
19:54:33 valves can handle the weight of their vehicle.
19:54:36 And then you can see the other item, see if you can
19:54:39 see it on the elmo properly.
19:54:43 This is the boat wash area.
19:54:44 Again, if you look at the turning radiuses on the last
19:54:48 page, they are concerned that anything stored in this
19:54:51 area at any given time during any emergency that this
19:54:54 would be in their area, they would like to see that
19:54:56 relocated to another spot.
19:54:57 And this handicap ramp, you can see adjacent to this
19:55:04 little gazebo area, this is also within their turning
19:55:08 radius and they are very concerned about that.
19:55:10 But they are feeling that they can resolve that prior
19:55:12 to permit issuance.
19:55:21 >>JOHN DINGFELDER: That type of staff comment, when

19:55:24 would the petitioner get that?
19:55:26 Would they get that type of staff comment in a timely
19:55:30 manner where they could change their site plan before
19:55:32 it gets to us?
19:55:36 >> Actually, no.
19:55:37 We've had a shortage of staff in the fire department
19:55:39 and we've not had a chance to deal with this until
19:55:43 today.
19:55:45 That shortage is being dealt with right now.
19:55:50 >>JOHN DINGFELDER: Is it just fire, or is it -- I
19:55:53 mean, you know, the last project that was in front of
19:55:57 us a minute ago, five minutes ago, Ms. Alvarez'
19:56:01 project had technical issues as well, so they are
19:56:05 going to come back two weeks from now.
19:56:07 I'm just wondering logistically, do we have a messed
19:56:13 up schedule or is there an opportunity for all these
19:56:15 issues to be resolved, staff technical issues be
19:56:19 resolved with the applicant before they come for first
19:56:22 reading?
19:56:26 >> I guess I can't really answer specifically.
19:56:29 >>JULIA COLE: Julia Cole, Legal Department.
19:56:31 I think there's a mixture.

19:56:32 I think you have in certain areas, there's a lack of
19:56:34 staff.
19:56:35 And certain areas where the process that we've set up
19:56:37 with the different schedules and when site plans have
19:56:40 to be in and things that are happening with site
19:56:42 plans, they are changing over time are creating a
19:56:45 variety of different problems.
19:56:47 This is actually something that we'll be bringing
19:56:49 forward to you and -- in creating a process that I
19:56:52 think will be more fair and easily discernible by
19:56:55 everyone.
19:56:55 I think it's a fair question.
19:56:57 I think that already a lot of different reasons why
19:56:59 it's happening.
19:56:59 >>JOHN DINGFELDER: Before we get into the next cycle
19:57:01 of code amendments, we definitely need to address
19:57:06 those.
19:57:06 >>JULIA COLE: We're bringing that as part of dispatch.
19:57:10 The PD -- the process changes that we're bringing
19:57:13 forward to you that we'll be talking about more in
19:57:16 your March workshop.
19:57:17 And with hope, we will address some of these issues

19:57:20 and create a more routinized process.
19:57:23 We'll still also be dealing with staff issues.
19:57:25 But I think a lot of the staffing issues are starting
19:57:28 to resolve themselves over the last few months.
19:57:31 >>JOHN DINGFELDER: There should be enough time --
19:57:33 enough buffer built in so that if staff issues arise,
19:57:37 there should still be enough buffer built in.
19:57:40 >> All of the other objections in the staff report
19:57:42 have been mitigated.
19:57:43 We still have a technical objection under the
19:57:46 landscaping.
19:57:47 Please keep in mind, the petitioner has and I think
19:57:50 Mary Danielewicz Bryson will concur with the reduction
19:57:55 in size of the structure, I should say the footprint,
19:57:58 they have made an attempt to increase the open space.
19:58:01 We do have a technical objection to the waiver on the
19:58:05 open space, but it's not something that we can't deal
19:58:07 with.
19:58:08 They are making an extreme effort in this regard.
19:58:11 But the other objections have been mitigated as well
19:58:14 as fire.
19:58:18 >>LINDA SAUL-SENA: I had trouble reading the site

19:58:20 plan.
19:58:20 Is there a sidewalk along Tyson?
19:58:23 >> No.
19:58:24 If you look in the notes in the upper left-hand --
19:58:27 >>LINDA SAUL-SENA: You know, when we get a site plan
19:58:29 that's about 30 pages --
19:58:37 >> There are no sidewalks currently on Tyson as we
19:58:39 discussed the other day.
19:58:40 I think the petitioner can address that, but they have
19:58:43 agreed to make a payment for a fee in lieu and make
19:58:46 application to -- they have offered that, yes.
19:58:54 >>LINDA SAUL-SENA: Council members, this is a big
19:58:56 deal.
19:58:56 This whole area called rattlesnake point is going
19:58:59 through this massive shift from being an industrial
19:59:02 area to being a residential area, mixed use.
19:59:06 This is going to be a very active area.
19:59:10 I have personally been to the restaurant, and it is
19:59:12 very active.
19:59:13 And there are no sidewalks.
19:59:15 And there are these big trucks carrying toxic material
19:59:19 hurdling down the street.

19:59:20 And there will be people living here.
19:59:23 People going to their boats.
19:59:26 In the past there wasn't a sidewalk because it was a
19:59:29 heavy industrial area, as it metamorphosizes into
19:59:33 something that's more active and mixed use.
19:59:36 I think the sidewalk for the entirety of the street is
19:59:39 absolutely necessary.
19:59:42 >>GWEN MILLER: Planning Commission staff.
19:59:45 >> Mr. Garcia will now -- we'll respond to the
19:59:47 sidewalk comment in just a moment.
19:59:50 >>LINDA SAUL-SENA: I'll let the petitioner respond.
19:59:59 >> Tony Garcia, Planning Commission staff.
20:00:07 CMU-35 -- Westshore yacht club to the North.
20:00:12 The new port product which has a land use category of
20:00:15 urban mixed use 60.
20:00:17 Earlier tonight, you moved forward on your plan
20:00:20 amendments for rattlesnake point over here where
20:00:22 basically a lot of this color eventually will go to
20:00:25 this color right here.
20:00:27 35.
20:00:28 As Ms. Saul-Sena so accurately stated, this area is
20:00:31 going to be changing from a heavy industrial to a

20:00:35 mixed use project.
20:00:36 It's evolved over the last few years, five or six
20:00:39 years as we know.
20:00:40 The only project, well, there will be I think one or
20:00:44 two others along this part of Tyson.
20:00:47 This particular one has elected to stay heavy
20:00:50 industrial which means what you can do on this site
20:00:52 from a zoning aspect will be all the commercial uses.
20:00:55 Your neighborhood commercial, general commercial and
20:00:58 intensive commercial uses.
20:01:00 That is what you'll be able to do here.
20:01:02 The applicant is intending to privatize what is
20:01:07 currently a public commercial use.
20:01:08 I think from a transportation aspect -- I'm not a
20:01:11 transportation planner -- I would think that would
20:01:13 result in a reduction of trips because of the privacy
20:01:17 issue and the reduced amount of people able to access
20:01:20 the site.
20:01:21 I'm just looking at that from a logical aspect.
20:01:23 You're not going to have the general public being able
20:01:26 to access the site to still have a certain amount of
20:01:29 people access the site because of its exclusivity.

20:01:38 The singular issue as to why I think the applicant has
20:01:42 brought it to you in the form of a PD is really a
20:01:45 height issue.
20:01:45 They are maxed out at approximately 60 feet with what
20:01:48 they have.
20:01:49 Warehouses on site and asking for a waiver to 85 which
20:01:52 is really what kicked in the PD to you all which is
20:01:56 why they are having to go through these gyrations
20:01:59 which I'm sure you don't mind too much.
20:02:01 It would be good in the future for them to do a master
20:02:04 plan for the entire rattlesnake corridor.
20:02:07 This particular part of the rattlesnake corridor, as
20:02:09 you've alluded to from a pedestrian safety aspect, I
20:02:12 don't know if that's premature at this point in time.
20:02:14 Maybe when all the other projects come in, you can
20:02:17 look at this in toto.
20:02:21 >>LINDA SAUL-SENA: I have a technical question.
20:02:25 If projects come in one at a time because owned by
20:02:28 different property owners and they have different
20:02:31 timing, it -- would it be more appropriate for the
20:02:37 Planning Commission or staff to think through more --
20:02:39 >> I think the city can easily do it.

20:02:42 It's already come to you with the strategic plan
20:02:45 initiated in the Channelside District.
20:02:47 You do have projects coming in one at a time over
20:02:49 there.
20:02:50 During the DRC process, which Planning Commission
20:02:53 staff is involved in also, we're trying to make sure
20:02:56 there's a consistency and there's a continuity of the
20:02:58 pedestrian connectivity for those areas.
20:03:00 This is unique because it's right on a point, but
20:03:03 you'll have a significant amount of intensity and
20:03:06 residential -- we've also done the same thing in the
20:03:09 CBD.
20:03:11 One project at a time.
20:03:13 Trying to maintain connectivity and that consistency
20:03:16 with the pedestrian flow inside the CBD as well.
20:03:19 Just to give you some relationship as to we are doing
20:03:21 that with the other commercially intensive and
20:03:24 potentially residentially area in the city proper.
20:03:29 Planning Commission staff had no objections to the
20:03:31 request.
20:03:32 >>GWEN MILLER: Petitioner?
20:03:37 >> My name is Keith Bricklemyer.

20:03:38 I'm the attorney for the petitioner.
20:03:42 I'm going to make my presentation as brief as I can,
20:03:45 and hopefully respond to those issues that staff has
20:03:48 indicated to me have been of some concern to Council
20:03:51 members.
20:03:54 This particular project is one of six that the owner
20:03:58 is developing across the State of Florida.
20:04:03 It's a unique concept.
20:04:04 They have one open in Sanibel.
20:04:06 And for purposes of representing the style of the
20:04:11 building and the way the signage works with the
20:04:15 building, this is the Sanibel club.
20:04:19 And this club is being designed in a similar fashion
20:04:22 as are the other five.
20:04:26 The issues that we have been sensitized to were,
20:04:29 number one, the signage.
20:04:30 Number two, the sidewalk issue.
20:04:32 So I'll focus my attention on those.
20:04:35 The renderings that were included, if I can call up
20:04:42 the elmo.
20:04:59 That elevation is the Tyson Avenue elevation.
20:05:03 As you can see, it's a large structure, and the

20:05:07 signage shown on there is 600-square-foot sign.
20:05:10 We are allowed 1,040 square feet, but because of the
20:05:14 frontage on that side.
20:05:16 And what we have asked to be allowed to do is to
20:05:18 reduce the signage on Tyson and take that square
20:05:22 footage and put it on the East elevation, which would
20:05:26 face Westshore Boulevard.
20:05:28 And the southern elevation, which would be over the
20:05:31 main entrance to the boat storage barn because this
20:05:34 is -- this facility is going to have gas facilities,
20:05:39 gas and diesel, that will be available to the public.
20:05:41 So we want them to know where the yacht club is.
20:05:45 Can come to the fueling docks, and it will be the only
20:05:48 fueling docks in this area, although there are other
20:05:51 marina facilities in the area.
20:05:52 So that's the way -- that's the way the signage works
20:05:55 out, at least from the building perspective.
20:06:02 >>JOHN DINGFELDER: What side are we looking at?
20:06:20 >> This is the primary entrance to the facility.
20:06:26 And the signage regulations for signage along Tyson
20:06:29 Avenue, you can get two ground signs for a total of
20:06:34 one every 300 square feet or whatever linear footage

20:06:39 less than that.
20:06:39 So we would have one 300 square feet, one 220 square
20:06:44 feet because we have 540 linear feet.
20:06:48 Rather than those large signs placed 150 feet apart,
20:06:51 we have requested two signs at the entrance, and they
20:06:53 are angular to the entranceway, that are only 60
20:06:57 square feet each.
20:06:58 They are much, much smaller, but they are closer
20:07:00 together and that's why we had to request a waiver.
20:07:02 The code says 150 feet apart.
20:07:05 We made them smaller and asked they be allowed to be
20:07:07 on either side of the drive 40 feet apart.
20:07:10 So that addresses the signage issue.
20:07:13 The sidewalk issue, it's not that big a deal for the
20:07:19 project in terms of what typically is the deal, which
20:07:22 is the cost.
20:07:23 The cost issue is I think a cost issue that the city
20:07:27 ought to consider.
20:07:29 This road at some point is going to be redeveloped as
20:07:32 a significant facility.
20:07:35 We can put a sidewalk in now and tear it up later, or
20:07:37 we can pay the money into the trust fund and allow the

20:07:40 city to hold that money and use it for whatever occurs
20:07:44 in the immediate vicinity.
20:07:45 Right now, there is a significant ditch along the
20:07:48 property frontage, which is obviously will be
20:07:52 complicated putting a sidewalk in until that system is
20:07:54 entirely redesigned.
20:07:56 I don't think from the people that we've spoken with
20:07:58 at staff that anybody thinks it's really safe to
20:08:00 encourage pedestrian traffic on Tyson right now.
20:08:03 Until those heavy industrial users are gone, it's
20:08:06 probably not appropriate to put sidewalks in.
20:08:09 But I think the key issue from our perspective is,
20:08:13 this is going to be a private club, and it's going to
20:08:17 be parked exclusively by valets.
20:08:20 There will be no pedestrian traffic to and from the
20:08:23 project.
20:08:23 You drive your car in.
20:08:24 You drop the car off.
20:08:26 You go to the club facility.
20:08:27 You go to the marina, wherever it is you're going to
20:08:29 go.
20:08:31 And there's no pedestrian interaction with the street

20:08:34 frontage.
20:08:35 We would prefer to pay in lieu of building the
20:08:37 sidewalk, if Council wants us to build it now, then
20:08:40 we'll be happy to build it now.
20:08:44 >>JOHN DINGFELDER: Question of staff.
20:08:53 I think Mr. Bricklemyer makes an interesting argument.
20:08:56 We all know that at some point in the future, there
20:08:59 will be, as Ms. Saul-Sena pointed out, there will be
20:09:02 significant residential mixed use further out
20:09:05 rattlesnake.
20:09:06 If and when those projects come further out
20:09:08 rattlesnake, further out Tyson, is what
20:09:12 Mr. Bricklemyer said, is that true, will Tyson Street
20:09:16 be all ripped up?
20:09:17 The sidewalk all ripped up and thrown away and start
20:09:20 over again or what?
20:09:22 >> Well, if they add roadway, they would have to take
20:09:25 right-of-way.
20:09:26 Depending on where the sidewalk is placed, I don't
20:09:29 know that there are plans at the moment.
20:09:34 >>JOHN DINGFELDER: They are talking about an
20:09:35 additional thousand, two thousand units, however many

20:09:38 units will be out beyond this on Tyson, when those
20:09:41 units come into us for rezoning, are they going to
20:09:44 inherently going to rebuild all of Tyson past this
20:09:49 project down to Westshore including the sidewalk.
20:09:51 Is it going to be from right-of-way to right-of-way?
20:09:54 I'm a little bit in the dark.
20:09:56 Melanie?
20:09:58 >> Melanie Calloway, transportation.
20:10:00 Actually, we require the sidewalk to be adjacent to
20:10:02 the property line, which is the farthest point away
20:10:05 from that road adjacent to that property line, which
20:10:08 their property line is where the right-of-way starts.
20:10:11 Even if we were to widen the roadway, assuming we have
20:10:15 enough right-of-way, which I'm assuming Tyson is at
20:10:19 least 50 feet that sidewalk would be abutting our
20:10:22 property.
20:10:22 We don't have any plans at this point to widen that
20:10:25 street.
20:10:25 We have no plans -- is the ditch located there
20:10:30 adjacent to his property.
20:10:32 It's in the right-of-way between the roadway and his
20:10:34 property line there is a ditch.

20:10:37 >>JOHN DINGFELDER: My only experience going there, and
20:10:40 I know you're going to have a different operation,
20:10:42 Mr. Bricklemyer, but my experience was when I tried to
20:10:45 go to that restaurant, I couldn't find a parking
20:10:47 space.
20:10:48 I ended up having to park on the street and I ended up
20:10:51 having to walk along that dirt and ditch road.
20:10:54 It was sort of dangerous, especially coming out in the
20:10:57 evening when it was all dark.
20:10:59 You know, I know your operation is going to be
20:11:01 different.
20:11:02 I don't know about the parking and everything, but my
20:11:04 leaning would just be to put the sidewalk in and take
20:11:06 our chances down the road, no pun intended.
20:11:09 >> If I may, Madam Chair, when I say that roadway is
20:11:13 going to be redeveloped, if you recall, we went
20:11:16 through the plan amendment process, one of the issues
20:11:20 that was discussed was what transportation
20:11:22 improvements are going to be required to support all
20:11:24 this proposed residential development?
20:11:26 You had initiated a year before we started the plan
20:11:30 amendment process, the transportation analysis.

20:11:32 And they chose Tyson as the primary corridor for
20:11:36 redevelopment to accommodate traffic in this area.
20:11:39 So I'm saying that it's going to be redeveloped based
20:11:42 on the results of the city study that Tindale Oliver
20:11:46 did, it's fairly significant and includes the rail to
20:11:50 trail components as well as just the roadway itself.
20:11:52 with medians, so it's proposed to be and, of course,
20:11:57 it's not funded or committed to but the proposal is it
20:12:00 will be a very attractive facility.
20:12:02 As I say, the cost of installing the sidewalk is not
20:12:06 the issue for the developer.
20:12:09 It simply doesn't seem to make sense to me to go spend
20:12:12 the money now and tear it up later.
20:12:14 But it's at Council's discretion.
20:12:16 >>GWEN MILLER: Mr. Fletcher.
20:12:17 >>CHARLES FLETCHER: Just to address that issue, from
20:12:22 my perspective, the concern is something that happens,
20:12:27 as I'm understanding it, fairly frequently from a
20:12:30 design standpoint, we don't know today what will be on
20:12:33 either side of this project or a couple doors down
20:12:37 from this project.
20:12:37 So I don't think transportation can tell us if they

20:12:39 are going to need to tear up the sidewalk or not.
20:12:42 It's going to depend on what the stormwater
20:12:44 requirements are, whether the road will need to be
20:12:47 widened and the specs to which all the sidewalks along
20:12:50 that street ultimately get built.
20:12:53 So I'm not as familiar with the area as you all are.
20:12:56 I kind of defer on that issue.
20:12:58 But my sense would be that it would be more cost
20:13:02 effective to put money into a fund, unless there is a
20:13:06 need created from this project to do that.
20:13:08 And I think I'm hearing that there's not.
20:13:11 So my sense would be it would be more appropriate to
20:13:14 put it in the fund and use it for other projects
20:13:17 around the city.
20:13:18 >>MARY ALVAREZ: I'm leaning the same way.
20:13:20 I think putting it in the fund instead of putting it
20:13:23 in and then tearing it up makes a lot more sense
20:13:27 than -- it's just like throwing money down the drain.
20:13:31 I'm certainly not for that.
20:13:32 And my other question was, I don't know whether
20:13:34 Melanie can answer this, but I would like to ask, when
20:13:38 this area gets redeveloped with residential and all,

20:13:42 are the developers supposed to take care of that road?
20:13:47 Or is it the city?
20:13:50 >> Melanie Calloway, transportation.
20:13:52 Any roadway improvements that are brought about due to
20:13:55 the redevelopment of the site, adding more traffic
20:13:58 would be the responsibility of the developer.
20:14:01 Now, as you know, we do have this thing, our
20:14:06 proportionate fair share they can pay, but that's only
20:14:08 a portion.
20:14:09 All roadway costs are very costly, especially to widen
20:14:13 roadways.
20:14:13 And if they are only adding so much traffic to it,
20:14:17 it's a cumulative effect.
20:14:18 But the roadway costs keep increasing and increasing.
20:14:22 So you do have to take that into account.
20:14:25 >>GWEN MILLER: Is there anyone in the public that
20:14:27 wants to speak on item number 19?
20:14:29 >>MARY ALVAREZ: Thank you, Melanie.
20:14:33 >>JOHN DINGFELDER: Ultimately they are going to need
20:14:34 to adjust those fire lane issues.
20:14:36 >>GWEN MILLER: Just let the public speak, first.
20:14:39 >> Good evening, Madam Chair, Al stenson, again.

20:14:42 To be very honesty and very -- to be very honest and
20:14:45 very brief, this never become an agenda item for any
20:14:50 of our association meetings.
20:14:53 Therefore we have not taken a position.
20:14:57 If I can for a moment take that hat off and put my own
20:15:01 on.
20:15:01 As Ms. Alvarez mentioned, some of what we're talking
20:15:04 about tonight and what we've been talking about
20:15:06 earlier tonight may be 20 years down the road.
20:15:08 The one thing that does concern me and concerns an
20:15:10 awful a lot of people and it doesn't just relate to
20:15:13 this petitioner, it is the rapid disappearance of
20:15:19 availability of people public to have a place to store
20:15:24 their boats.
20:15:25 The people want to take their risk, that's their risk
20:15:29 capital.
20:15:29 If it doesn't fly, then what happens?
20:15:32 They have a PD.
20:15:33 They can't put commercial there.
20:15:35 Can't put residential there but can put something else
20:15:37 there whether or not this dock-minium concept will
20:15:42 fly, I have no clue.

20:15:44 I do know the availability of being able to store your
20:15:47 boat have access to the waterfront is disappearing at
20:15:50 an alarming rate.
20:15:52 As a matter of fact, I just got a letter today that is
20:15:55 addressed to the chair, but from the national boat
20:15:58 manufacturers association, which I'd like to enter
20:16:01 into the record.
20:16:02 And it deals with this very subject.
20:16:04 Limited access for the boating public.
20:16:07 And I asked, I said, why don't you mail the letter
20:16:10 directly to the chair.
20:16:12 And the e-mail I got back, well, we would rather have
20:16:15 a concerned citizen bring it here and put it in the
20:16:18 record.
20:16:18 So with your permission, I would like to do that.
20:16:20 Again, we're losing our boat access.
20:16:25 Whether these folks are taking a gamble on this
20:16:28 concept, it maybe works someplace else, but that
20:16:31 doesn't mean it works here.
20:16:32 And then we've lost our -- we've lost the boating
20:16:36 access.
20:16:36 If I may, I'll put this in the record.

20:16:38 >>MARY ALVAREZ: Mr. Stenson, are you.
20:16:46 >> I'll be here when I'm 92.
20:16:47 >>MARY ALVAREZ: Me too.
20:16:49 >> If that's going to be your question.
20:16:50 >>MARY ALVAREZ: Are you able to access the waterfront
20:16:53 from any of this area now?
20:16:55 >> I'm sorry, ma'am?
20:16:59 I just ran out of battery on my hearing aid.
20:17:02 >>MARY ALVAREZ: Let me try again.
20:17:04 Are you able to access any of the waterfront now?
20:17:07 Are you able to use the boat, your boat in this area
20:17:11 now?
20:17:11 >> The only place is on Gandy Boulevard, which is the
20:17:14 public boat ramp on Gandy.
20:17:16 All the rest of them are gone.
20:17:19 This one is gone.
20:17:21 They used to have a launching service where you could
20:17:24 launch at imperial.
20:17:25 That's gone.
20:17:25 The only place people can launch a boat now is on
20:17:28 Gandy Boulevard.
20:17:28 And then you can only do it six boats at a time.

20:17:33 >>JOHN DINGFELDER: I'm not sure it's real relevant,
20:17:35 but this facility right now has a public high and dry.
20:17:39 So in other words, you can put your boat in that
20:17:42 warehouse, anybody can as long as you have couple
20:17:45 hundred dollars, whatever they charge per month.
20:17:47 What they are doing, they are changing the concept to
20:17:50 the dock-minium where you have to buy the -- in the
20:17:56 building and it will be a new building.
20:17:58 >> For the record, Mr. Dingfelder, if you go down
20:18:00 there.
20:18:00 That building is absolutely empty.
20:18:02 Not a single boat there.
20:18:03 Every one of them has been removed.
20:18:05 >>GWEN MILLER: Mr. Bricklemyer.
20:18:07 >> Very briefly, I think the issue about the
20:18:11 availability of boat access to the water is exactly
20:18:16 why this concept is going to be so successful.
20:18:18 And what this project is doing is actually almost
20:18:21 doubling the number of dry slips.
20:18:24 So twice as many people who can store their boats
20:18:26 there.
20:18:27 And almost quadrupling the number of wet slips.

20:18:30 So there will be four times as many people who can
20:18:33 store their boat in the water there.
20:18:35 There's an ownership difference as to how that works,
20:18:37 but, in fact, the number of boats who can access the
20:18:40 water from this particular site is going to be
20:18:42 dramatically increased.
20:18:44 If you follow as the owners of this property have, the
20:18:49 increase in the number of boat registrations in the
20:18:51 State of Florida and Hillsborough County, it's going
20:18:54 through the roof, and there's a diminished number of
20:18:57 places they can store their boats.
20:18:59 That's why this facility is going to meet their needs.
20:19:01 With respect to the fire issues, we have spent -- our
20:19:05 engineer, Chris, who is here, has spent a considerable
20:19:08 amount of time with the fire department on-site.
20:19:11 Unfortunately, the reviewer who spent his time on this
20:19:14 project recently retired, and that goes to the why
20:19:17 didn't we know about this until 4:00 this afternoon
20:19:20 issue.
20:19:21 So one of the other inspectors came in and reviewed it
20:19:23 and had these few concerns.
20:19:25 We have done -- we have actually done a tracking chart

20:19:28 and sent the tracking chart for the fire vehicle --
20:19:32 that's part of the plans package that you have -- that
20:19:34 shows that none of the intrusions that are mentioned
20:19:37 actually occur.
20:19:38 He didn't have time to look at it because he was
20:19:40 called in at the last minute to make comment.
20:19:43 We're very comfortable we can resolve our issues with
20:19:45 the fire department.
20:19:46 We have resolved.
20:19:51 >>LINDA SAUL-SENA: I never want to waste private or
20:19:54 public money.
20:19:55 I think the point you raised about not knowing if the
20:19:57 sidewalk would have to be redone is a valid one.
20:19:59 I would just hope that the city would make sure to
20:20:03 create a safe passage for pedestrians along Tyson as
20:20:09 this all develops.
20:20:11 And that you wouldn't build your building so close to
20:20:13 the street that it would preclude the construction of
20:20:16 a sidewalk in the future.
20:20:18 I'm okay with the idea of --
20:20:20 >> The space is there.
20:20:21 It's currently a ditch.

20:20:22 Our facility doesn't want or need pedestrian traffic
20:20:26 because it's all valet parking.
20:20:28 And it actually is more expensive to pay the in lieu
20:20:32 fee to the city than it is to go build it right now.
20:20:35 We're happy to pay that so it can be done later,
20:20:38 correctly.
20:20:43 >>JOHN DINGFELDER: My suggestion, Mr. Bricklemyer, is
20:20:46 that -- but it's really, in my opinion, and probably
20:20:49 more up to you, if you want to go forward with first
20:20:53 reading, I'm okay with that and it sounds like Council
20:20:58 might be.
20:20:58 But you might be at a little bit of a risk because if
20:21:01 the fire department comes back between first reading
20:21:03 and second reading and they say they still have an
20:21:07 objection, I think this Council would have to take
20:21:09 note and send you back to first reading all over
20:21:11 again.
20:21:12 I don't know which way --
20:21:13 >> We're comfortable.
20:21:15 We prefer to go forward.
20:21:16 We spent a lot of time with the fire department.
20:21:19 We understand that risk.

20:21:20 >>JOHN DINGFELDER: I'm going to ask staff in between
20:21:22 first reading and second reading, make sure the fire
20:21:25 department does sign off on it and give their blessing
20:21:28 to it.
20:21:28 If they don't, we need to know about it.
20:21:34 >> Yes, I have an e-mail here that I can provide to
20:21:37 you that indicates that fire has signed off on it, and
20:21:41 they request that they -- that the petitioner when
20:21:44 they come in for permit review on their final
20:21:47 construction drawings, that they resolve those three
20:21:51 issues at that time.
20:21:52 >>GWEN MILLER: We have a motion and second to close.
20:21:54 All in favor of the motion, aye.
20:21:55 [Motion Carried]
20:21:56 >>MARY ALVAREZ: Ordinance rezoning property in the
20:22:04 general vicinity of 5200 West Tyson Avenue in the City
20:22:08 of Tampa, Florida, and more particularly described in
20:22:10 section one from zoning district classification IG,
20:22:14 industrial general and IH, industrial heavy, to PD,
20:22:17 planned development, private yacht club.
20:22:19 Providing an effective date.
20:22:20 >>GWEN MILLER: We have a motion and second.

20:22:22 All in favor of the motion, aye.
20:22:23 [Motion Carried]
20:22:24 We need to open item 21.
20:22:26 We have a motion and second.
20:22:27 All in favor, aye.
20:22:28 [Motion Carried]
20:22:29 21.
20:22:53 >> Item 21, Madam Chair, V06-51, located in district
20:22:58 five in the Live Oaks Square Civic Association.
20:23:01 The property located at 3716, 3717, 3718, 3719, 3721
20:23:09 East Paris and also with the ownership of 3805 on
20:23:12 Hanna Street that services the petition.
20:23:16 The development review committee has reviewed this,
20:23:18 and we do still have objections to the plan that was
20:23:22 presented to us.
20:23:23 The petitioner has indicated, however, a willingness
20:23:25 to mitigate those concerns.
20:23:29 The special use permit would allow for a parking lot
20:23:32 to service an existing place of religious assembly.
20:23:38 There are five waivers being requested per section
20:23:40 27-77 to reduce the rear yard setback from 15 to
20:23:45 6 feet.

20:23:45 Section 27-77 to reduce the West side setback from 15
20:23:51 to 3 feet.
20:23:52 Again, 2777 to reduce the East side yard setback from
20:23:58 15 to 6 feet.
20:23:59 Also, section 27246 J which would allow access to a
20:24:03 local street.
20:24:05 Section 27130, allow six-foot fence along rear and
20:24:09 West lot lines for buffers to adjacent residential
20:24:12 parcels.
20:24:13 In summary, the petitioner is requesting a special use
20:24:16 for the property as mentioned earlier to provide
20:24:18 additional parking for an existing place of religious
20:24:21 assembly.
20:24:22 Currently, the church has a seating capacity of 250
20:24:25 that requires 75 parking spaces.
20:24:27 This project -- and I have to correct this -- will add
20:24:31 48 parking spaces but will not exceed what their
20:24:36 requirement is.
20:24:36 They have 15 parking spaces currently on the North
20:24:41 side of Paris Street, which don't quite make the total
20:24:46 that they need.
20:24:47 The subject property is located immediately across

20:24:49 from the Evening Star Tabernacle M.B. church.
20:24:56 The landscaping objections that have been mentioned
20:24:59 earlier I will go into or I'll allow Ms. Danielewicz
20:25:07 Bryson to point those out.
20:25:08 I would like to orient you to, if you would please,
20:25:11 per the elmo.
20:25:13 Look at the subject parcel in green, you'll notice
20:25:20 Paris Street.
20:25:21 Here is the subject -- this is the current church.
20:25:24 Here is the parking lot, which I'll show you pictures
20:25:26 of in a moment.
20:25:27 Here is Grove Street, and this is, I believe 39th
20:25:35 Street right here.
20:25:36 Here is Hanna Street where they have a lot that fronts
20:25:39 on Hanna Street for the church.
20:25:47 The aerial photo here will point out to you, it's
20:25:50 three parcels on the South side of Paris.
20:25:52 Here's the church.
20:25:53 And here is the additional parcel on Hanna.
20:25:56 Here is 39th Street, Grove.
20:26:02 This is a picture of the parcel in question.
20:26:06 You can see -- please note the trees that are down the

20:26:11 center of the aerial photo here or excuse me, the
20:26:14 photograph, and you'll see again from looking towards
20:26:18 the South and East, this is where we have, we still
20:26:22 have some concerns with landscaping.
20:26:24 I'll let Mary Danielewicz Bryson discuss that.
20:26:28 This is their existing church.
20:26:29 One of the other objections that has not been
20:26:31 mitigated by transportation is that transportation
20:26:34 would prefer to have the additional handicap spaces
20:26:37 that are proposed on the new parking lot put across
20:26:41 the street contiguous with the other handicap spaces.
20:26:47 Brian can mention that.
20:26:49 Here's another church in the area.
20:26:51 Lighthouse church across 39th Street from the
20:26:53 subject parcel.
20:26:55 I'll turn that over, if you would like to hear, Mary
20:26:57 Danielewicz Bryson and transportation or would you
20:27:00 like to go to Mr. Garcia?
20:27:02 >>GWEN MILLER: Mary, come up.
20:27:09 >> Mary Danielewicz Bryson, Land Development
20:27:12 coordination.
20:27:12 I have been sworn.

20:27:14 I've worked extensively with Mr. Jackson, and we have
20:27:17 basically mitigated each one of the points through my
20:27:21 last staff report.
20:27:24 I've asked him to save one more tree on the site.
20:27:27 The tree line that was pointed out to you, there are a
20:27:32 number of invasive trees.
20:27:34 Cherry Laurel in that area.
20:27:36 There are only two oak trees.
20:27:39 We've mitigated the relocation of one parking space to
20:27:42 allow him to save an additional tree.
20:27:44 There were basically only five trees on the parcel
20:27:47 that were protected.
20:27:50 The calculations on the plan for the vehicle use area
20:27:53 greenspace were not on the plan.
20:27:55 We have worked together and he has calculated the fact
20:28:00 that he does meet his 20% greenspace requirement.
20:28:06 And the calculations for the minimum recommended
20:28:08 trees, he has corrected those calculations.
20:28:13 And the required buffer with what we've discussed is
20:28:17 that he will put in three foot buffer with the
20:28:20 three-foot high hedges on the South property line.
20:28:23 He has redone the site plan and showed it to me and is

20:28:28 ready to submit that site plan in tomorrow.
20:28:33 For consideration.
20:28:34 >>GWEN MILLER: Transportation need to say something?
20:28:41 >> Similar to the situation we had two weeks ago the
20:28:45 other evening that it is a 2006 Florida statute,
20:28:48 chapter 553 that parking spaces for persons who have
20:28:52 disabilities comply with the Americans -- the
20:28:57 disability act and a federal Americans disabilities
20:29:00 accessibility guidelines in which it states that each
20:29:04 space must be located on the shortest, safely
20:29:06 accessible route from the parking space to an
20:29:10 accessible entrance.
20:29:13 As Phil Schultz had mentioned, there are 15 parking
20:29:16 spaces on-site.
20:29:18 We would just prefer all ADA stalls be located on the
20:29:21 church site and not crossing mid block.
20:29:26 >>GWEN MILLER: Thank you.
20:29:27 Appreciate that.
20:29:29 Planning Commission?
20:29:32 >> Tony Garcia, Planning Commission staff.
20:29:34 I have been sworn in.
20:29:35 Just a couple of brief statements to go ahead and add

20:29:38 along to the comments Mr. Schultz has already made to
20:29:40 you.
20:29:41 Predominant land use is R-10.
20:29:44 R-10 does allow neighborhood serving community uses
20:29:47 such as this and, of course, day care centers that
20:29:54 serve the general community.
20:29:58 The request is consistent in that the church has been
20:30:00 in existence there for quite a while and has become a
20:30:03 part of the fabric of the community and has proposed
20:30:06 no impacts to the general populous in the area.
20:30:09 Planning Commission had no objections to the proposed
20:30:11 request.
20:30:14 >>GWEN MILLER: Petitioner?
20:30:19 >> Good afternoon, Council.
20:30:21 I have Ms.-- Jackson enterprise.
20:30:29 First, let me make a brief statement.
20:30:31 This church began in 1979, it was grandfathered by the
20:30:37 old rule.
20:30:38 That's why the parking is like it is.
20:30:41 What we attempted to do here is to create more parking
20:30:44 for the church.
20:30:47 I met with staff on all the problems she had.

20:30:50 We got those resolved.
20:30:51 I talked with transportation already.
20:30:54 We don't have a problem with moving the handicap sites
20:30:57 over to the church site.
20:30:59 There are 15 parking spaces over there now and one
20:31:02 handicap, and we'll convert two of them, which will be
20:31:06 handicap parking lot and that should solve the
20:31:08 problem.
20:31:10 Propose to add a note to this site plan stating what I
20:31:13 just said to carry it out and the proposal continues
20:31:20 for two weeks as we can come back to the reading and
20:31:25 all problems will be solved.
20:31:26 >>GWEN MILLER: Is there anyone in the public who wants
20:31:27 to speak on item number 21?
20:31:32 Come up and speak.
20:31:41 >> My name is will Davis.
20:31:44 The proposed parking lot impacts --
20:31:49 >>GWEN MILLER: Were you sworn in?
20:31:52 >> Yes.
20:31:52 I live on the West side of the parking lots under the
20:31:56 proposed parking lots.
20:31:59 And from the project that I see that they are trying

20:32:01 to propose here, it's going to do a tremendous impact
20:32:04 on the neighborhood.
20:32:08 Now, I have a list of petitioners who object to the
20:32:13 church using those three parking areas of the three
20:32:17 lots as a parking area.
20:32:22 We have requested from the church on several occasions
20:32:24 that they do not park next to my house when -- next to
20:32:32 my window.
20:32:33 On occasions, they have parked perhaps slightly away
20:32:36 from the fence, but gradually they would continue to
20:32:39 park next to the fence as close as they can.
20:32:42 Now, there are three lots.
20:32:45 There's the parking area on the far end on 39th
20:32:51 Street.
20:32:51 Rather than park there, near to where you saw the
20:32:55 church, they would park next to my house.
20:32:58 We object also to the recreation area that they want
20:33:02 to propose.
20:33:07 There are parks within less than a half mile where the
20:33:10 church is on the East side and on the West side.
20:33:13 So I don't see any reason for a recreation area there
20:33:17 either.

20:33:19 Now, when I'm there in the summer mornings and my
20:33:23 window is open, they reverse their vehicles to my
20:33:28 window and I inhale all of the carbon monoxide.
20:33:34 I don't think that is a justice for me.
20:33:36 If they were to put a fence there, I don't think
20:33:39 that's going to prevent that carbon monoxide either.
20:33:43 The carbon monoxide would come over the fence into my
20:33:46 area anyway.
20:33:52 Object to the parking lots that they have proposed in
20:33:57 those particular areas.
20:33:59 And on the church -- the church used to be a fabric in
20:34:04 the neighborhood, but now all of the members of the
20:34:08 church from what I understand, come from other
20:34:12 locations.
20:34:13 Now, if this kind of impact were to be in their
20:34:16 neighborhood, I just wonder how they accept that.
20:34:18 Now, there's a house next to the church, I mean,
20:34:25 across from the parking lot of the church, which is
20:34:27 also affected.
20:34:29 And that person is a member of the church, and that
20:34:32 person also objects to what the church is trying to
20:34:35 do.

20:34:39 So if it would please the Council, we would like to
20:34:45 object to any of the parking areas that the church
20:34:48 proposes.
20:34:51 >>GWEN MILLER: Ms. Alvarez.
20:34:51 >>MARY ALVAREZ: Mr. Schultz, was there anything -- I
20:34:57 heard this gentleman talk about a recreational
20:35:01 playground.
20:35:02 Is that what they are planning to do on these parking
20:35:04 lots?
20:35:05 >> It's going to be a grass parking lot.
20:35:07 And if there are recreational activities there,
20:35:11 there's nothing to say it couldn't be used as a park
20:35:14 in addition to the parking.
20:35:16 As far as the lights are concerned, if you look at the
20:35:18 site plans handed out to you, there is a six-foot high
20:35:22 fence that's being proposed along the boundary line
20:35:25 that he is stating for a buffer.
20:35:28 >>MARY ALVAREZ: On the parking lots, are they going to
20:35:30 be striped or is it just going to be --
20:35:33 >> No, it's going to be a grass parking lot, but there
20:35:36 will be breaks.
20:35:37 There are concrete breaks there, but those are

20:35:40 movable.
20:35:42 They are stops, concrete stops.
20:35:44 Those are movable.
20:35:45 As far as recreation in the area, it is a very large
20:35:52 lot right now and it's used for recreation.
20:35:55 I'm not sure how I can respond to your concerns there,
20:35:58 ma'am.
20:35:58 >>MARY ALVAREZ: Well, I hadn't heard you saying
20:36:01 anything about recreational.
20:36:02 >> The predominant use is for parking on Wednesday
20:36:05 evenings and Sundays.
20:36:07 >>MARY ALVAREZ: Just those two nights?
20:36:09 >> It's Wednesday and Sunday, correct?
20:36:22 >>CHARLES FLETCHER: The site plan that we've been
20:36:30 provided anyway, if I'm reading it right, and I guess
20:36:33 this also goes back to the comment from staff about
20:36:36 the parking spaces or the bars being movable, it
20:36:43 appears to me anyway, that this is designed so that
20:36:45 the cars will no longer be backing up against your
20:36:48 property.
20:36:48 So if we are going to have a continuance, you may want
20:36:51 to take a look at that and see if that helps your

20:36:54 situation at all or not.
20:36:55 And I would just leave that up to you.
20:36:57 But as I read this, it would require that the parking
20:37:00 be such that they are not going to be up against your
20:37:03 fence anymore, and they will be -- there will be
20:37:06 parking actually perpendicular to your property rather
20:37:09 than up against -- backing up against that fence.
20:37:12 >> Well, you see, we totally object to parking in that
20:37:15 particular area.
20:37:16 Prior to the church on the property, there were homes
20:37:22 there.
20:37:24 They purchased the property.
20:37:25 Tore the homes down.
20:37:26 I thought in the very beginning they were going to
20:37:28 replace them with another house, other homes.
20:37:39 So if they want to do parking in that area, they have
20:37:44 property right there on the front of Hanna there.
20:37:48 They could clear that as they have cleared the
20:37:51 properties which we are talking about now.
20:37:53 They could clear that and make parking areas there
20:37:56 which I understand they will get objections from there
20:37:58 also.

20:37:58 So the entire community there, close-knit community
20:38:02 objects to parking lots.
20:38:04 They would rather see residential homes there as there
20:38:07 were before.
20:38:10 >>SHAWN HARRISON: Sir, you said you had some petitions
20:38:12 with you.
20:38:13 Could you hand those to our attorney?
20:38:15 >> Sure.
20:38:15 >>SHAWN HARRISON: And then the second issue is, if the
20:38:20 lot -- if the parking areas that are adjacent to your
20:38:23 house, and I take it that you live immediately to the
20:38:27 West of this site, right?
20:38:32 Because on the East side is a street.
20:38:35 So if we took out those seven spaces that are next to
20:38:44 your house, would you still have an objection?
20:38:48 >> Well, as I said, the community objects to the
20:38:50 parking lot.
20:38:51 They would rather see homes there as there were
20:38:54 before.
20:39:00 We totally object to this.
20:39:05 And we were trying to come to a conclusion that
20:39:09 perhaps even if they parked closer to our 39th

20:39:12 Street --
20:39:14 >>SHAWN HARRISON: That's just what I proposed.
20:39:17 >> But ... but there was objection to that also
20:39:19 because it's still impacting the properties on grove.
20:39:26 >>GWEN MILLER: Mr. Jackson, we're going to continue
20:39:28 this for two weeks.
20:39:29 Can you meet with Mr. Davis and the other neighbors in
20:39:33 that area and show the plans and discuss what we're
20:39:36 suggesting by moving the parking lot spaces over on
20:39:38 the other side?
20:39:40 Can you do that in two weeks?
20:39:49 >> It will impact a house either on grove or Paris,
20:39:52 which would be my house.
20:39:53 >>GWEN MILLER: He's going to do a new plan.
20:39:55 He's going to show you how he'll move the parking by
20:39:57 your side, have the fence up there, and then you can
20:40:00 see how it's going to be for -- they won't be parking
20:40:05 by your window.
20:40:07 He'll move all that on the other side.
20:40:09 Can you meet with him and go through that and all the
20:40:11 other neighbors who have opposition, to meet with him
20:40:14 two?

20:40:14 And in two weeks, come back and see if you have come
20:40:17 to agreement and see what's going to happen.
20:40:19 Would you be willing to do that?
20:40:21 >> Sure, I would be willing to do that.
20:40:25 Yes, we can do that.
20:40:27 Did I see another proposal here which perhaps I wasn't
20:40:30 familiar with as far as -- okay.
20:40:38 >> Madam Chair, the problem is, the petitioner would
20:40:41 prefer four weeks.
20:40:43 >>GWEN MILLER: Four weeks, that's fine.
20:40:44 >> To redesign the site plan.
20:40:46 My concern here is that we still have a shortage of
20:40:49 parking.
20:40:50 The church is an existing facility.
20:40:52 And it has been redesigned a couple of times already.
20:40:57 So with your consideration, I would hope that the
20:41:01 option here is either on-street parking and they park
20:41:04 all over the neighborhood in the streets and clog up
20:41:06 the right-of-ways, or we provide them the offstreet
20:41:09 parking.
20:41:09 >>GWEN MILLER: No, we don't want that.
20:41:11 So we have to work out a place where they can do the

20:41:14 parking.
20:41:15 Not going to have the on-street parking.
20:41:19 >>MARY ALVAREZ: You said there was going to be a
20:41:22 six-foot fence, correct?
20:41:27 >> That's correct.
20:41:27 >>MARY ALVAREZ: And then there's going to be
20:41:29 shrubbery.
20:41:30 >> That's correct.
20:41:30 >>MARY ALVAREZ: That's going to buffer the fence and
20:41:33 that.
20:41:35 So that would be, what, like another four feet from
20:41:38 when you put the shrubbery in, four feet and then you
20:41:41 have the six-foot fence -- how close -- how close is
20:41:46 your house to the fence?
20:41:54 Do you have like a seven-foot setback there or is it
20:41:58 right next to the fence, that's what I'm asking?
20:42:04 >> As code requires, seven or seven-and-a-half foot
20:42:07 from the property line.
20:42:09 The fence is on the property line.
20:42:10 >>MARY ALVAREZ: We're talking about almost 12 feet
20:42:15 between your house and the fence and the shrubbery.
20:42:20 I think that's enough buffering there.

20:42:23 And these people really need the -- they really need
20:42:27 the parking.
20:42:29 And they are only there Wednesday and Sunday.
20:42:37 >> But they are on the Paris Street.
20:42:39 There's another church that you saw on the street
20:42:42 there which is an empty parking area down there.
20:42:45 >>GWEN MILLER: You have four weeks to work this out.
20:42:49 You all get together, neighborhoods and you get
20:42:52 together with Mr. Jackson to see if you can work this
20:42:54 out.
20:42:54 >>SHAWN HARRISON: We had a similar situation like this
20:42:59 with Lindel parking lot few years back.
20:43:03 What we did on that one, we required not only the
20:43:08 vegetation and the screening and all that, but I think
20:43:12 it's closed at a certain time and it's secured.
20:43:16 And that could be an option here, too.
20:43:19 In other words, you can put a -- you can put a swing
20:43:23 gate of some sort across the entryways of this so they
20:43:27 can be assured that the only time there will be cars
20:43:30 in there are Sundays and Wednesday nights.
20:43:33 If all those cars will be gone by, say, 10:00 at
20:43:36 night, and, you know, that should be a much less of an

20:43:40 impact on this gentleman who is immediately right next
20:43:43 to it.
20:43:45 >> As we speak, it's chain-link fence now.
20:43:47 It's completely gated.
20:43:49 The other thing I wanted to point out if, if you look
20:43:53 at the site plan, you see the big tree over here, his
20:43:57 house is right behind that.
20:43:59 If you notice along our area, there's no parking for
20:44:03 36 feet from the property line back there.
20:44:06 So it's almost past his house before the parking
20:44:10 starts.
20:44:11 But I'll be glad to meet with him and we can see what
20:44:14 we can work out.
20:44:16 >>GWEN MILLER: Four weeks, clerk, what date is that?
20:44:38 March 8th.
20:44:45 March the 8th.
20:44:48 Evening or morning?
20:44:53 >> We're pretty booked that evening.
20:44:55 >>GWEN MILLER: How is the morning looking?
20:45:04 >>THE CLERK: You have one closure public hearing.
20:45:07 It's designated for staff reports.
20:45:08 So far I don't think anything has been set for that

20:45:11 date.
20:45:12 I'm not sure what -- if you added anything from this
20:45:15 morning's session.
20:45:17 >> We've already rescheduled several hearings this
20:45:19 evening for that date.
20:45:27 >> The chair is asking about the a.m.
20:45:31 >>GWEN MILLER: Can you come in the morning, Mr. Davis?
20:45:34 >> Yes, ma'am.
20:45:38 You said Mr. Jackson, right?
20:45:41 [ LAUGHTER ]
20:45:44 >>GWEN MILLER: 10:00 in the morning, can you come in
20:45:46 the morning?
20:45:47 Okay, we'll do March 8th at 10:00.
20:45:51 >>MARY ALVAREZ: Just get together and figure this
20:45:53 thing out.
20:45:56 >> Do you have objection of meeting at the church for
20:45:58 this meeting that we need to have?
20:46:00 >> No, I would have suggested that in the very
20:46:02 beginning.
20:46:03 >> I just want to put on the record that we'll meet at
20:46:06 the church.
20:46:06 >> Also on the record, we cannot go to Hanna Street

20:46:09 because of the two large grand trees on that area.
20:46:11 That lot cannot be used.
20:46:13 >>GWEN MILLER: Correct.
20:46:14 I was going to say that.
20:46:16 So let's get a motion.
20:46:19 We have a motion and second to continue to March the
20:46:21 8th at 10 a.m.
20:46:22 All in favor of the motion, aye.
20:46:24 [Motion Carried]
20:46:25 Next is a continued public hearing, number 22.
20:46:46 >> I have a conflict I needed to clear on this issue.
20:46:49 The representative for the petitioner is the firm my
20:46:53 wife is associated at, and I've already filed the
20:46:56 appropriate paperwork.
20:46:57 >>SHAWN HARRISON: Madam Chair, I don't know if I have
20:46:59 a conflict or not, but this is two blocks North and on
20:47:03 the opposite side of the street of my law firm.
20:47:07 And so I need to declare that on the record and ask
20:47:10 guidance from Mr. Shelby as to whether or not I should
20:47:14 abstain.
20:47:15 >>MARTIN SHELBY: Councilman Harrison, it appears what
20:47:18 is being requested is a special use II parking

20:47:21 variance.
20:47:22 It would be my opinion that the action that's being
20:47:24 requested would neither inure to your special private
20:47:27 gain or your special private loss.
20:47:30 And whatever effect it might have potentially would be
20:47:33 purely speculative at best.
20:47:36 It would be my legal opinion that this is something
20:47:38 appropriately that you are legally required to vote
20:47:40 on.
20:47:48 >> Last item, Madam Chairman.
20:47:50 V06-60, district five, Tampa Downtown Partnership,
20:47:55 located at 1201 North Florida Avenue and 1280 Marion
20:48:00 Street.
20:48:00 Currently there are no objections.
20:48:02 Comments only from each of the DRC members.
20:48:05 The proposal here is for a special use permit in the
20:48:09 central business district for a parking waiver of one
20:48:13 space per unit plus the waiver of the fee in lieu.
20:48:18 Waivers are pursuant to section 27442 A offstreet
20:48:23 parking requirements to allow the one space per unit
20:48:27 with a maximum number of parking spaces waived being
20:48:30 160.

20:48:32 Item 227, again, 27442-B in lieu payment, waiver of
20:48:38 said fees to the sole purpose of developing an
20:48:41 affordable senior housing project in the CBD.
20:48:44 Summary of the project, the petitioner is requesting a
20:48:47 special use permit for the 1201 North Florida and 1280
20:48:56 North Marion to reduce the required two parking spaces
20:48:58 per unit to one parking space for 160-unit senior
20:49:01 citizen residential development.
20:49:03 Further, the petitioner is requesting a waiver of the
20:49:05 fee in lieu to maintain the project's affordability.
20:49:08 The developer in note two on the site plan has agreed
20:49:11 that these variances would only apply to a senior
20:49:14 housing development on this site.
20:49:16 In addition in the event after the development of the
20:49:20 project is converted to a use other than affordable
20:49:22 senior housing such as a market rate condominium
20:49:26 and/or apartments, the developer hall then pay the
20:49:29 then applicable in lieu fee associated with the number
20:49:31 of parking spaces required for which said in lieu fee
20:49:35 was waived.
20:49:36 Currently, in the lieu fee is $4,500 per parking
20:49:41 space, making the estimated fee being waived for 160

20:49:45 parking spaces of $720,000.
20:49:48 The subject property is located immediately across
20:49:50 from the Marion transit facility.
20:49:53 If you would please refer to the elmo.
20:49:58 Here we have -- here's the proposed site.
20:50:04 Here we have Florida, North-South.
20:50:08 Marion North-South.
20:50:11 And Laurel on the far North.
20:50:13 Here you can see the transit facility directly across
20:50:16 the street from this project.
20:50:19 I'd like to also point out that you have Methodist
20:50:24 place, which is also a senior housing project due
20:50:27 South of this site.
20:50:29 This is a picture of the subject parcel, it's
20:50:31 currently just an at-grade parking facility.
20:50:35 This is a view on Florida Street looking toward 275.
20:50:42 Again, this is on Marion Street looking North toward
20:50:46 275.
20:50:47 You see very attractive picture of the transit
20:50:50 facility.
20:50:53 This is Laurel Street to the North.
20:50:57 A little closer view of the highway.

20:50:59 It is in close proximity to the highway, I might add.
20:51:02 And another perspective looking South towards the
20:51:05 central business district downtown corridor area, and
20:51:09 then here you have the Methodist place building
20:51:12 looking down Marion Street to the South.
20:51:15 I just thought I would throw this in there to show --
20:51:18 and here is Methodist place.
20:51:23 Staff has no objections to the requested waiver.
20:51:26 We are here for any questions you may have in this
20:51:29 regard.
20:51:37 >> Tony Garcia, Planning Commission staff.
20:51:38 I have been sworn in.
20:51:40 The predominant land use category for this area is the
20:51:43 CBD, central business district.
20:51:48 Waiver for parking.
20:51:51 Central business district which talks about, I think
20:51:53 this objective speaks to it, 7.1, which talks about
20:51:58 the number of people living in and near downtown will
20:52:00 increase by increasing housing opportunities at all
20:52:04 economic levels in mixed use developments and
20:52:06 preserving housing opportunities in neighborhoods
20:52:08 nearby.

20:52:09 The Planning Commission staff had no objection to the
20:52:11 proposed request.
20:52:14 >>GWEN MILLER: Petitioner?
20:52:22 >> Thank you very much.
20:52:22 I'll quickly hand out.
20:52:24 I have been sworn out.
20:52:25 >>GWEN MILLER: You don't have to hand out.
20:52:26 Let's see if anybody is in opposition?
20:52:28 Anybody want to speak on item 22.
20:52:34 >>SHAWN HARRISON: I have a question.
20:52:36 Just tell me a little bit about the project.
20:52:38 >> This property was bought by Madison Heights LTD
20:52:43 several years ago and actually applied for a tax
20:52:45 credit deal for senior housing.
20:52:47 However, during the intervening time what occurred was
20:52:52 the parking regulations changed -- well, several
20:52:55 things happened.
20:52:56 It was not awarded and then it had the opportunity to
20:52:58 get the tax credits and because of pricing, it wasn't
20:53:02 going to be able to be an affordable project.
20:53:04 What we are in the process of doing now, this waiver
20:53:06 would solely allow us to make another application for

20:53:10 tax credits to put a senior affordable deal here.
20:53:14 Then file our construction plans with the -- under the
20:53:17 central business district regulations, do construction
20:53:20 service centers and meet all the standards at that
20:53:22 time.
20:53:22 This just allows us to move forward with the project
20:53:26 and an application knowing we're not going to have to
20:53:29 provide twice as much parking as we'll need.
20:53:32 And take it out of the affordability range.
20:53:35 What I've provided you are some examples of other
20:53:38 jurisdictions that have reduced parking for senior
20:53:42 projects, particularly Hillsborough County.
20:53:46 On a congregate living facility, usually you see .33
20:53:51 per resident plus one per facility vehicle.
20:53:53 They apply that to all their senior housing projects,
20:53:56 whether apartment style or congregate living.
20:54:00 >> Tell me just a little bit about the project.
20:54:03 How tall, what does affordability mean?
20:54:07 >> Right now, the project will be -- CBD-1, developed
20:54:12 within the standards.
20:54:14 It won't exceed the 12 story, 120-foot height
20:54:17 requirement.

20:54:18 The price ranges are dictated by the tax credit
20:54:23 program.
20:54:24 I have a representative that can talk to you in more
20:54:26 detail.
20:54:27 I think it's 70%, 60% -- have somebody who actually
20:54:32 knows more about the tax credit program than I do.
20:54:34 The tax credit program structures it so that it's
20:54:37 affordable.
20:54:39 >> My name is Brad St. Laurence.
20:54:41 615 Crescent Executive Court in Lake Mary.
20:54:46 I've not been sworn in.
20:54:51 >>SHAWN HARRISON: You don't need to be sworn.
20:55:01 >> The program that Dave was talking about is -- it's
20:55:05 administrated by Florida housing.
20:55:06 There's a competitive application every year that's
20:55:10 usually due in around the February time frame.
20:55:12 This year, it happens to be particularly late.
20:55:15 It's April the 10th is the deadline.
20:55:17 You fill out an application with all the exhibits.
20:55:19 You send it up to Tallahassee.
20:55:21 It stays there for six months.
20:55:23 It's evaluated against the amount of money that they

20:55:26 have to award in tax credits and other applications
20:55:29 from around the state.
20:55:30 They make a decision the third week of September, and
20:55:34 if yours is selected, then you are -- then you get an
20:55:38 award.
20:55:39 What we are proposing this year is build a 120-unit
20:55:42 apartment complex, age 55 and older, age restricted.
20:55:47 It will be probably seven stories in height, and what
20:55:51 we want to build is 120 parking spaces to go with
20:55:55 this.
20:55:55 There is significant criteria that the state has in
20:56:00 their competitive award process that states that you
20:56:03 have to be within a mile of a grocery store,
20:56:06 two-tenths mile of a bus stop and mile of some sort of
20:56:10 walk-in medical facility or an emergency room.
20:56:12 This site meets all those proximity requirements.
20:56:15 We actually contracted for the site I believe two
20:56:19 years ago, and the -- the owner gave us the time frame
20:56:23 to make application to the state.
20:56:25 We were unsuccessful that year.
20:56:26 The next year we came back --
20:56:30 >> what does affordability mean?

20:56:34 >> All right.
20:56:34 Let me find it here in my -- this is from last year,
20:56:47 160 -- 160 unit, which, by the way, 160 is the magic
20:56:52 number for tax credit for seniors.
20:56:54 That's the most number of tax credits you can receive.
20:56:57 And as Dave was alluding, because initially we were --
20:57:05 what we were considering was putting market rate units
20:57:08 on top of our building and doing it just over 200
20:57:11 units after some pricing from contractors, we realized
20:57:14 that that's not actually the best way to go and
20:57:17 downsize the project.
20:57:19 But anyway, it's one, two, three-bedroom apartments.
20:57:23 Florida housing mandates that 50% have to be one
20:57:27 bedroom.
20:57:28 Which is interesting in light of the ordinance change
20:57:31 because you have to have two parking spaces for a one
20:57:36 bedroom apartment.
20:57:38 Under this particular program, we have 12 units at
20:57:41 $352 a month.
20:57:43 68 units at $541 a month.
20:57:46 10 units -- of the two bedrooms at 367.
20:57:51 The rest of them at 640, and then three-bedroom units

20:57:54 at $408 a month or 734.
20:57:58 There's a special set aside for people in the 35% --
20:58:01 35% of the median county income.
20:58:03 That's what this 60%.
20:58:07 By HUD standards, when you say "low income" or
20:58:11 affordable or tax credit, basically what you are
20:58:13 talking about is the income level between 50% and 60%.
20:58:18 Of the median county income.
20:58:20 And it's calculated -- when I say $34,000 here,
20:58:29 when -- if someone were to walk in today to our 160
20:58:36 unit project in Lutz last year that opened in
20:58:38 September, you would have to fill out an application.
20:58:43 And they are interested in your income.
20:58:45 If you make more than $34,200 a year, you make too
20:58:50 much money and you can't live there.
20:58:53 >>SHAWN HARRISON: Here is my concern.
20:58:54 I'll cut to the chase.
20:58:55 You have Methodist place a block South.
20:58:58 How is that product different than what you-all will
20:59:02 be building?
20:59:03 And my question is, is there really a need for this
20:59:06 type of product on the North side of downtown?

20:59:12 >> Yes.
20:59:14 We're required -- I mean, we do market studies as we
20:59:18 proceed with all our projects.
20:59:19 Yes, there is.
20:59:20 >>SHAWN HARRISON: How is this different from Methodist
20:59:23 place?
20:59:26 >> Well -- honestly, I don't know enough about
20:59:32 Methodist place to comment on it.
20:59:35 But what I could certainly do is find out what their
20:59:39 occupancy is.
20:59:40 If they are 100%, then clearly the need is there.
20:59:44 Actually, if they are anything over 85% leased, then
20:59:47 the need is there.
20:59:48 And that's the reason for the application.
20:59:54 >>SHAWN HARRISON: I don't know enough to support this
20:59:56 right now.
21:00:02 >>LINDA SAUL-SENA: I have a question about -- I know
21:00:04 that we're addressing the parking at this point, but
21:00:06 that might be the point at which -- that might be our
21:00:09 only path at addressing this project.
21:00:12 My concern is the aesthetics of it.
21:00:15 Methodist place, while it does provide a community

21:00:18 service, it is really unattractive, profoundly
21:00:22 unattractive.
21:00:22 And I'm not aware of our having any ability to address
21:00:26 the qualities of proposed development.
21:00:31 >> Wilson Stair and the urban design criteria still
21:00:34 have to be met for this project.
21:00:36 It's in the central business district, so it's just
21:00:38 like any other downtown project.
21:00:42 What I was going to say regarding the whole concept in
21:00:47 this is that really not necessarily what the type of
21:00:50 development is, whether or not we want affordable --
21:00:54 be able to provide affordable senior housing
21:00:56 opportunities downtown, and is there justification for
21:00:59 reduced parking to support that?
21:01:01 Not necessarily whether there's a market for it
21:01:04 because they are not going to be able to build it and
21:01:06 get it financed and get through the tax credit process
21:01:08 if there's not a market for it.
21:01:10 And they also put a lot of money into this site really
21:01:12 with that sole purpose of building this product.
21:01:15 Clearly, they could do market-rate condos on this
21:01:19 site, but that's really not the business that they are

21:01:21 in.
21:01:22 But I think there is adequate evidence to support that
21:01:26 senior housing requires less parking.
21:01:30 And the requirement downtown was one parking space as
21:01:33 early as six months ago.
21:01:37 Before the code changed.
21:01:38 I know there's dialogue now in the downtown saying,
21:01:41 well, maybe it shouldn't be two and should go back to
21:01:43 one.
21:01:44 Where we are in the tax credit application cycle, we
21:01:46 need to know if we apply for it and we get awarded,
21:01:50 that we're going to be able to build it with less
21:01:52 parking.
21:01:55 >>GWEN MILLER: We need to close.
21:01:57 We have a motion and second to close.
21:02:01 All in favor of the motion, aye.
21:02:02 Opposed, nay.
21:02:04 [Motion Carried]
21:02:05 Mr. Reddick, would you read that.
21:02:14 >>FRANK REDDICK: Move an ordinance providing special
21:02:16 use permit S-2, approving multifamily development park
21:02:20 and dwelling parking variance in CDD-1 zoning district

21:02:26 in the general vicinity of 1201 North Florida Avenue
21:02:29 and 1280 North Marion Street in the City of Tampa,
21:02:33 Florida, and as more particularly described in section
21:02:35 one hereof, allowing one space per unit with the
21:02:39 maximum number of parking spaces waived 160, approving
21:02:43 waiver of required in lieu fee for the sole purpose of
21:02:46 development of affordable senior housing project in
21:02:49 the central business district, providing an effective
21:02:51 date.
21:02:51 >>GWEN MILLER: We have a motion and second.
21:02:55 >>FRANK REDDICK: Second.
21:02:56 >>GWEN MILLER: You can't second it.
21:02:58 >>LINDA SAUL-SENA: I'll second it for the purpose of
21:03:01 discussion.
21:03:02 But I have concern about this.
21:03:04 I'm trying desperately to redevelop the four blocks
21:03:07 immediately to the West of this.
21:03:08 We have our transit center here.
21:03:10 We've got the potential of the four blocks.
21:03:14 The stadium is being redeveloped, block immediately to
21:03:16 the West the city owns.
21:03:18 And I see this area as being a really vibrant

21:03:20 redevelopment area.
21:03:21 And I don't know that this is really the most
21:03:26 appropriate use here.
21:03:27 I would really like to hear from Mr. Harrison.
21:03:30 >>GWEN MILLER: This is not going to pass.
21:03:31 I think we need to carry this over --
21:03:36 >> It's not so much the question of the use.
21:03:38 They have the right to develop this property.
21:03:40 And if they can comply with the criteria for senior
21:03:42 housing, they can comply with the criteria for senior
21:03:44 housing.
21:03:45 The question in front of you is whether or not it's
21:03:47 appropriate to grant this waiver for the senior
21:03:49 housing because it is limited solely for the purposes
21:03:53 of the senior housing, meaning, if this ultimately
21:03:55 goes to market rate, this waiver wouldn't apply, and
21:03:57 they would have to comply with the in lieu fee
21:04:00 requirement.
21:04:00 That's the note on the site plan.
21:04:02 I understand your concerns.
21:04:03 Just understand that just simply voting not to approve
21:04:06 this doesn't necessarily mean that you won't see a

21:04:09 senior housing project or that they won't be able to
21:04:11 comply with the criteria.
21:04:13 It's just the parking waiver question.
21:04:15 >>SHAWN HARRISON: Well, this is our opportunity to ask
21:04:17 questions about what the underlying project is, which
21:04:20 is precipitating the waiver, which is why we are here.
21:04:26 If you're saying that I'm not entitled to ask
21:04:28 questions about the underlying use in order to make a
21:04:32 decision on a waiver, is that what you're saying?
21:04:35 >>JULIA COLE: No, that's not what I'm saying.
21:04:37 What I'm saying -- it is forcing your housing -- I
21:04:40 don't think it's inappropriate to ask questions about
21:04:42 the underlying use.
21:04:43 Just understand that if they don't get this parking
21:04:46 waiver, that doesn't necessarily mean they won't have
21:04:49 the opportunity to construct senior housing.
21:04:53 It's a question whether or not they can comply with
21:04:55 the requirements.
21:04:55 This is just one piece of that puzzle.
21:04:58 I just wanted to make that point clear for the record.
21:05:00 >>FRANK REDDICK: Madam Chair, I'm going to support
21:05:03 this.

21:05:03 I truly believe there's a lack of adequate housing for
21:05:10 senior citizens, and people are living longer now, and
21:05:15 we need to find additional space for them.
21:05:17 And I think it's appropriate to have that.
21:05:20 And I'm going to support the way the parking, in order
21:05:24 for us to make a move forward.
21:05:26 >>GWEN MILLER: All in favor of the motion, aye.
21:05:27 Opposed, nay.
21:05:33 >>GWEN MILLER: Bring it back next Thursday morning.
21:05:36 We have a full Council.
21:05:40 What time?
21:05:42 >> Usually brought under unfinished business.
21:05:46 >>GWEN MILLER: It will be under unfinished business.
21:05:48 >> The public hearing is closed, and there will be no
21:05:51 additional testimony taken.
21:05:53 And I will notify Council members Dingfelder and
21:05:57 Alvarez and the staff of the necessity to review the
21:06:00 record prior to the vote.
21:06:02 >>GWEN MILLER: Anything else coming before Council?
21:06:05 We have a motion and second.
21:06:06 All in favor of the motion, aye.

21:06:08 We stand adjourned.
21:06:10 (The meeting was adjourned at 9:06 p.m.)