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Tampa City Council
Thursday, August 23, 2007
5:01 p.m.

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17:11:45 [Sounding gavel]
17:11:46 >>GWEN MILLER: Tampa City Council is called to order.
17:11:47 Roll call.
17:11:53 >>CHARLIE MIRANDA: Here.
17:11:57 >>MARY MULHERN: Here.
17:11:59 >>JOSEPH P. CAETANO: Here.
17:12:00 >>GWEN MILLER: Here.
17:12:00 We are now ready for the Planning Commission to come
17:12:04 up.
17:12:05 We are going to do item number 1.

17:12:06 We need to open.
17:12:08 Do we need to open it?
17:12:10 >> This is a transmission of public hearing, move to
17:12:14 open 1, 2 and 3.
17:12:15 >> Second.
17:12:15 (Motion carried).
17:12:16 >> My name is Terry Cullen with the Planning Commission
17:12:21 staff.
17:12:22 Since you have opened all three plan amendments, I'm
17:12:24 going to discuss them all together since they are all
17:12:27 related.
17:12:29 Just for those in our viewing audience, what we are
17:12:32 doing today is there are three sets of amendments that
17:12:35 we are required to process, and that's coming from the
17:12:39 growth management act of 2005, which was amended to
17:12:44 require that we integrate comp planning and school
17:12:47 capacity, and it requires four different things to take
17:12:50 place.
17:12:51 One is that you adopt the public school facility
17:12:55 element which is the first amendment you will be taking
17:12:57 action on.
17:12:58 Second is to amend your intergovernmental coordination

17:13:01 element to coordinate school planning with other local
17:13:04 governments and the school board, which is your second
17:13:06 amendment you will be voting to transmit.
17:13:09 And the third one is to amend the capital improvements
17:13:12 element to incorporate the school board's five year
17:13:15 plan, and that's also up for action tonight.
17:13:20 And then finally to adopt an interlocal agreement to
17:13:23 establish standard operating procedures to implement
17:13:26 all of that.
17:13:27 That's something that will be coming to you -- it will
17:13:30 be coming before you in the months ahead so you are not
17:13:33 dealing with that tonight.
17:13:34 This is all part of a very complex and coordinated
17:13:39 process that's been going on now for about the past two
17:13:42 years.
17:13:44 It has required us to, at the school board, leaders and
17:13:47 planners from the school board, all four local
17:13:50 governments, and the Planning Commission to come
17:13:53 together and to come to a consensus on policy direction
17:13:57 to address what the state is asking for.
17:14:00 So this is being coordinated not just with the City of
17:14:03 Tampa, but also with Hillsborough County, the cities of

17:14:07 Plant City, Temple Terrace and the school board.
17:14:10 So we are pleased to say that there is consensus.
17:14:14 That has been reached.
17:14:15 The Planning Commission held a public hearing on all
17:14:18 four of the local governments comp plan amendments.
17:14:24 And they found them consistent with their respective
17:14:27 local jurisdictional comp plans.
17:14:29 And that was held on Monday, August 13th.
17:14:33 I'm going to just generally say, so I don't have to get
17:14:35 into a lot of specifics or repeat it, but generally,
17:14:39 the Planning Commission found all three sets of plan
17:14:41 amendments you are hearing tonight consistent with
17:14:44 Tampa's comp plan, specifically future land use element
17:14:49 on such things as school siting and the capital
17:14:53 improvements element for the public facility so the
17:14:57 Planning Commission made that finding.
17:14:58 I just want to tell you that up front.
17:15:01 Now all four local government comp plan amendments are
17:15:04 tracking together.
17:15:04 As a matter of fact, Hillsborough County is holding
17:15:07 their public hearingat6:00 tonight.
17:15:10 And with me today, tonight, I have got Lorraine Duffey

17:15:14 Suarez and Cathy Valdez from the school board, and they
17:15:17 are available to answer any questions.
17:15:19 But after this hearing, they are off to the county to
17:15:21 have that public hearing.
17:15:24 Plant City is hearing theirs on Monday the 27th and
17:15:27 Temple Terrace on Tuesday September 4th.
17:15:29 The reason I'm bringing that up is that we do require
17:15:32 that all four local governments take action and
17:15:36 transmit these up to the state for review.
17:15:38 You are not making any final action tonight in terms of
17:15:40 adopting.
17:15:42 You're simply making a decision whether or not to send
17:15:44 these up to the state.
17:15:46 Okay.
17:15:46 That all being said, I am going to describe briefly the
17:15:49 first set of plan amendments, and that's the major one,
17:15:52 and that's actually the draft of the public school
17:15:54 facility element itself.
17:15:58 I want to talk to you a little bit about that.
17:16:01 There are three overall goals in the public school
17:16:03 facility element.
17:16:05 The first one is to coordinate and maintain a high

17:16:08 quality education.
17:16:09 And there's some very interesting stuff in there.
17:16:12 And I pulled some of it out just to show by example,
17:16:15 because I know these are of interest to Tampa City
17:16:19 Council.
17:16:19 One of them, for example, talks about enhancing
17:16:21 community and neighborhood design through effective
17:16:24 school facility design and siting standards.
17:16:27 Our future is going to be driven by a lot of
17:16:29 redevelopment.
17:16:31 So what happens to our schools, we are probably be
17:16:34 expanding some of our original schools here in the
17:16:36 city, and we want to make sure that those expansions
17:16:39 are compatible with our neighborhoods.
17:16:41 And that is in the plan.
17:16:44 That's set up in the plan to occur.
17:16:46 And the siting of school facilities should also serve
17:16:50 wherever possible as community focal points, and are
17:16:53 compatible with the surrounding land uses.
17:16:56 And to the extent possible, opportunities should be
17:16:58 explored for shared use in co-location of school sites,
17:17:04 city facilities that may have similar needs, such as

17:17:07 libraries and ballparks.
17:17:09 It's an interesting aside, about two years ago we
17:17:12 worked with the Sulphur Springs community, and the
17:17:17 library board to talk about bringing in additional
17:17:20 library facilities, which were the areas quite
17:17:24 underserved, and at that time they started talking with
17:17:26 the school board of possibly locating something jointly
17:17:30 with Sulphur Springs elementary school.
17:17:32 But because of recent cutbacks that isn't going to
17:17:35 happen.
17:17:35 I don't believe that's going to happen now, but it is
17:17:38 something that is still being looked at as a real
17:17:40 possibility.
17:17:41 That's a very good example of how we can co-locate
17:17:44 facilities to better our neighborhoods out there.
17:17:47 So that's all part of that goal of coordinating and
17:17:50 maintaining a high quality education.
17:17:52 Goal 2 is to implement the public school concurrency.
17:17:55 Now, there's a new dimension to concurrency.
17:17:59 You are familiar with concurrency for roads, for sewer,
17:18:02 water, drainage, transportation, so on and so forth.
17:18:05 You are going to have another one now and that's going

17:18:08 to be for schools.
17:18:09 And part of that framework is set up in this element,
17:18:13 and it's also set up in the amendment that's going to
17:18:16 be -- that I am going to discuss in a few moments to
17:18:19 the capital improvements element.
17:18:21 Now, the concurrence to the areas in which we are going
17:18:24 to be looking at, how concurrency is going to be
17:18:28 measured, the levels of service.
17:18:30 They are calling it school concurrency service area.
17:18:33 So way want you to do is think about all the different
17:18:36 types of schools out there.
17:18:37 You are elementary, middle and high schools.
17:18:40 And each one of those schools has an attendance zone.
17:18:43 That attendance zone is the concurrency service area.
17:18:48 And the level of service that they are going to
17:18:52 establish for the elementary, the middle and the high
17:18:55 schools is 100% of what they call the Florida inventory
17:18:58 of schoolhouses, or the acronym is FISH.
17:19:05 Once a school reaches 100% capacity, then the
17:19:08 concurrence level of service cannot be met, then what
17:19:11 happens is that you look to the adjacent schools and
17:19:16 see if there is capacity available in those school

17:19:22 attendance zones or concurrency service areas, and if
17:19:25 there is capacity available, that needs to offset
17:19:29 whatever it is, the development, for example, that may
17:19:31 be increasing the need for the student enrollment at
17:19:36 the schools.
17:19:37 So there is an interesting amendment that was
17:19:41 introduced by Temple Terrace late in the process, and
17:19:45 what they are saying is that before you shift the
17:19:52 impact, the student impact from one district to the
17:19:54 next, if the next school attendance zone concurrency
17:19:59 service area has already reached 95% capacity, you
17:20:03 can't shift that enrollment into that district, into
17:20:07 that zone.
17:20:08 And the reason being is that they wanted to save 5% of
17:20:12 the capacity within that attendance zone, the
17:20:16 concurrency service area, for growth that occurs within
17:20:19 it.
17:20:20 And that's all part of a push to tray to get kids to be
17:20:23 able to go to schools closer to home.
17:20:26 And that was very important to Temple Terrace, because
17:20:30 being a small city, with having the county and the City
17:20:32 of Tampa bumping up against them, their children, they

17:20:36 were afraid their children were going to start getting
17:20:38 pushed out into schools that were outside of their
17:20:42 boundaries.
17:20:43 So that was something that was discussed at length with
17:20:46 the four local government administrations, and all of
17:20:50 them agreed that that was okay, that made sense.
17:20:53 And it is in your draft of your element tonight.
17:20:58 There is a handout that goes with your element.
17:21:00 And it says policies to be added to the public school
17:21:03 facilities element.
17:21:04 And there are several policies that are related to that
17:21:07 shifting of the 95%.
17:21:10 And if I remember correctly, the city administration
17:21:15 analyzed that and its impact on Tampa, and it did not
17:21:19 appear that would create any adverse issues anytime in
17:21:23 the near to at least mid-term future.
17:21:26 So that has been looked at closely.
17:21:29 And the Planning Commission has recommended that those
17:21:33 related poses be included in the element itself.
17:21:37 Another policy that was added in, that didn't get into
17:21:41 the draft that's in front of you, that did get into the
17:21:45 addendum that was included, addresses something called

17:21:47 long-term concurrency.
17:21:50 And in areas, if there's a school attendance zone or
17:21:54 concurrency service area, which cannot meet the adapted
17:22:00 level of service within the five-year period that's
17:22:02 covered in what they are calling their facilities work
17:22:05 plan, which is going to be included in your capital
17:22:10 improvement improvements element, that they can enter
17:22:12 into something called a long-term concurrency program,
17:22:15 which gives them up to ten years to address that.
17:22:19 Now, at first glance, that appears to be, wow, that's a
17:22:22 lot of time to try to get a school up to snuff in terms
17:22:25 of its level of service.
17:22:28 But if you don't do that, then you are going to have to
17:22:31 adjust the levels of service in all of the other
17:22:34 concurrency service areas to make up for that.
17:22:38 But it's not expected that's going to be an issue.
17:22:41 It's just that want to have the flexibility to address
17:22:44 it, if we get some kind of unusual circumstance.
17:22:48 Because the school board is very good at what they are
17:22:52 doing.
17:22:53 They have changed some of those attendance zones, the
17:22:57 concurrency service areas so they can closely match as

17:23:00 much as possible, and students with the areas they live
17:23:04 in, and also that we use much of the capacity within
17:23:07 the different districts.
17:23:08 So once again, that is not considered to be a major
17:23:12 issue but it is something that is important so that we
17:23:15 can have that flexibility.
17:23:17 Finally, in terms of mitigation alternatives, if the
17:23:26 level of service can't be met in the concurrency
17:23:29 service area that you are in right now, or the adjacent
17:23:32 school concurrency service area, that developer has the
17:23:36 option of doing some mitigation, in which they pay to
17:23:42 include some kind of improvement to the school itself.
17:23:45 It has to be included into the school board's work
17:23:49 program, which has always got to be financially
17:23:52 feasible, and it define -- it defines what types of
17:23:58 mitigation are appropriate.
17:23:59 It says in no event will an improvement be smaller in
17:24:03 size than a single classroom so there is that mechanism
17:24:06 that's going to be put in place that will allow for
17:24:08 mitigation to occur.
17:24:09 So we are not just simply stopping development.
17:24:12 What we are trying to do is accommodate future growth,

17:24:16 the flexibility to the developers, and yet still be
17:24:18 able to meet our levels of service and get the kids to
17:24:22 schools where they live, as close to where they live.
17:24:25 So those are the three major issues.
17:24:29 Interestingly enough, Tampa, when we look at all four
17:24:33 jurisdictions, what we see in Tampa are some pretty
17:24:36 unique issues, and once again, to reiterate, that we
17:24:40 are not going to be annexing a lot more land in the
17:24:43 future.
17:24:44 A lot of our future is going to be driven by
17:24:46 redevelopment.
17:24:47 So it's really important that the schools that we have
17:24:50 today, they are likely to be expanded, and that they
17:24:54 need to be compatible with neighborhoods.
17:24:56 And I know that was a major usual you to you all.
17:25:00 That is not such a major issue, for example, to
17:25:02 unincorporated Hillsborough County or to Plant City.
17:25:05 That concludes the presentation on that particular
17:25:09 amendment.
17:25:09 And if it's all right with council I'm going to briefly
17:25:12 describe the other two, because those are much simpler
17:25:14 and straightforward.

17:25:16 The next set of amendments is to the intergovernmental
17:25:20 coordination element.
17:25:22 And the intergovernmental coordination element, the
17:25:33 purpose of that was to set out the framework to
17:25:35 coordinate the implementation of this public school
17:25:37 facility element.
17:25:38 It just makes sense.
17:25:39 We are dealing now in a coordinated approach with the
17:25:42 cities of Temple Terrace and Plant City, with
17:25:45 Hillsborough County and with the school board.
17:25:47 So we have to have some framework in place in the
17:25:51 intergovernmental coordination element.
17:25:54 It talks about such things as the establishment of an
17:25:56 interlocal agreement with standard operating procedures
17:25:59 that I referenced before, and also that the school
17:26:04 board's work program, five year work program plan would
17:26:07 be reviewed every year for consistency with the plan,
17:26:10 and to make sure that it's addressing the needs of each
17:26:14 of the local governments.
17:26:15 So that's the framework that's being put through into
17:26:19 the intergovernmental coordination plan amendment.
17:26:22 And finally, the third set of amendments are to the

17:26:24 capital improvements element.
17:26:28 And in the capital improvements element, the overall
17:26:32 goal for that was to set forth a framework that was
17:26:36 going to guide the capital improvements that were going
17:26:38 to be needed to implement the public school facility
17:26:40 element.
17:26:41 And to that end, if you look at it, you will see the
17:26:44 school board's five-year work plan that is included in
17:26:47 that.
17:26:48 I do need to qualify that.
17:26:50 That work plan has been updated since this time, the
17:26:55 one since this report was prepared, and what you're
17:26:58 seeing is not the most current version.
17:27:00 However, for your purposes tonight, on deciding whether
17:27:04 or not to transmit it to the state for their review,
17:27:08 it's not critical that you have the most up-to-date one
17:27:10 right now.
17:27:11 However, when it comes back from the state, you will
17:27:14 get the most up-to-date and D.O.T. adopt one that right
17:27:19 now is being reviewed and going through a process that
17:27:21 will ultimately lead to adoption, and that will be
17:27:23 included in your package at the point you hold your

17:27:25 adoption public hearing.
17:27:27 But what does -- do some of the AMEs in the capital
17:27:31 empty empties include?
17:27:33 It incorporates the level of service.
17:27:35 And that level of service for he will elementary,
17:27:39 middle and high schools is 100% of the Florida
17:27:42 inventory of schoolhouse capacity.
17:27:45 And for, I believe, it's charter and special schools,
17:27:50 it is 100%, also.
17:27:52 And at the districts, the concurrency service areas
17:27:57 that are established for elementary, middle and high
17:28:00 school, are the school attendance zones as a
17:28:03 concurrency service area, and for special and charter
17:28:07 schools, it's district wide meaning the entire county.
17:28:10 And, also, there are provisions and policies put into
17:28:14 place to ensure that there are adequate sites for all
17:28:18 of the schools.
17:28:19 So that sets up the framework within the capital
17:28:22 improvements element.
17:28:24 And that, in a very whirlwind tour, is a description of
17:28:30 the amendments to, one, create a new public facility
17:28:33 element, two, do companion amendments to

17:28:35 intergovernmental coordination element, and, three, to
17:28:39 do companion amendments to the capital improvements
17:28:41 element.
17:28:42 Once again the Planning Commission has made a finding
17:28:44 of consistency with the Tampa comprehensive plan, and
17:28:48 they recommend that Tampa City Council transmit this to
17:28:52 the Florida Department of Community Affairs for review.
17:28:56 >>LINDA SAUL-SENA: Real quickly.
17:28:57 I want to make sure that this doesn't preclude our
17:29:00 everything flexibility as we redevelop, particularly
17:29:03 the older neighborhoods of Tampa.
17:29:05 I know that certain schools that are really beloved
17:29:08 here, like Roosevelt and Gorrie and Wilson, wouldn't be
17:29:11 allowed now because they don't meet the current
17:29:13 standards which are very suburban in nature.
17:29:16 So I just want to make sure that none of this precludes
17:29:18 our having different situations if we are redeveloping
17:29:22 older neighborhoods.
17:29:26 >> My understanding, the way this framework is set up,
17:29:28 it should be able to accommodate those interests.
17:29:31 We are talking about expansion and rehabilitation of
17:29:34 existing schools so as to support neighborhoods and

17:29:37 redevelopment.
17:29:39 And to -- also to coordinate with the school board for
17:29:52 greater efficiency on how it's done, co-location of
17:29:54 facilities, and planning siting land to acquisition
17:29:59 development or renovation, using schools as focal
17:30:03 points for the neighborhoods, and allowing or insuring
17:30:07 that adjacent neighborhoods have the opportunity to
17:30:09 provide input into the school redevelopment and
17:30:13 planning process.
17:30:14 So, yes, there's a number of different things in there
17:30:18 that I think address that issue.
17:30:20 >>CHARLIE MIRANDA: Madam Chair, I don't know what we
17:30:22 are asking as far as the transmittal.
17:30:26 I know that we have other pressing things, and I'm
17:30:29 satisfied with Mr. Goen, that he met with council
17:30:34 members individually, and Mr. Collins presentation
17:30:36 today, I'm prepared to submit for transmittal at this
17:30:39 point.
17:30:41 >> Second.
17:30:41 >>GWEN MILLER: We have a motion and second.
17:30:43 (Motion carried).
17:30:50 >> For the maker of the motion, that pertained to 1, 2

17:30:55 and 3?
17:30:55 >> Yes.
17:30:56 I will make them individually if I can.
17:31:00 Move item 1, E-2007-47, AKA PA-07-13.
17:31:03 >> Second.
17:31:03 >> Motion and second.
17:31:04 (Motion carried).
17:31:05 >>CHARLIE MIRANDA: Item number 2 on the agenda which is
17:31:08 file E-2007-47, AKAPA 07-14.
17:31:14 >>GWEN MILLER: Motion and second.
17:31:15 (Motion carried).
17:31:17 >>CHARLIE MIRANDA: And item number 3 which is file E
17:31:20 2007-47, AKAPA 07-15.
17:31:25 >>GWEN MILLER: We have a motion and second.
17:31:28 (Motion carried).
17:31:29 >>TERRY CULLEN: Thank you very much.
17:31:45 We will be in recess for five minutes.
17:31:51 >>CHARLIE MIRANDA: See if I got my four and a half
17:31:53 million.
17:31:54 [ Laughter ]
17:31:54 (Meeting recessed.)
17:59:04 City Council meeting
17:59:12 6:00 p.m. session
17:59:27 [Sounding gavel]
17:59:27 >>GWEN MILLER: Tampa City Council is called to order.
17:59:30 I will now yield to Reverend Scott to introduce our
17:59:32 guest.
17:59:34 >>THOMAS SCOTT: Thank you, Madam Chair and members of
17:59:37 City Council.
17:59:37 It's my pleasure to introduce reverend Thomas
17:59:40 Morrison.
17:59:43 He finished high school at Lakewood senior high school
17:59:46 in Pinellas County, St. Petersburg, Florida, parents
17:59:51 Thomas S. Morrison, Sr., and the late Anita Morrison,
17:59:56 and Thomas also attended Howard university in
18:00:00 Washington, D.C.
18:00:01 He is a licensed health insurance agent, and also a
18:00:06 minister of 34th street church of God which I am
18:00:08 the senior pastor, and we are delighted to have him
18:00:11 here tonight to come and give us our evening
18:00:13 invocation.
18:00:14 So at this time Mr. Thomas Morrison will give us our

18:00:18 invocation.
18:00:19 Shall we all rise?
18:00:27 >>> Could we pray?
18:00:28 Dear heavenly father, we come to you this evening as
18:00:31 your creator being thanking you first of all for your
18:00:34 love for each of us.
18:00:36 We thank you for government that you have in place.
18:00:39 We thank you for those who you have appointed to help
18:00:44 lead this great city.
18:00:45 We pray now tonight you will allow your order to just
18:00:50 be represented.
18:00:51 We pray that order will come and that business will be
18:00:54 handled in a proper way.
18:00:57 We believe you love this country, you love this city,
18:01:00 you love this state.
18:01:01 These things we pray.
18:01:02 Amen.
18:01:07 [ Pledge of Allegiance ]
18:01:18 >>GWEN MILLER: Roll call.
18:01:25 >>LINDA SAUL-SENA: Here.
18:01:26 >>CHARLIE MIRANDA: Here.
18:01:28 >>THOMAS SCOTT: Here.

18:01:29 >>MARY MULHERN: Here.
18:01:30 >>JOSEPH P. CAETANO: Here.
18:01:32 >>GWEN MILLER: Here.
18:01:32 >>MARTIN SHELBY: I'm sorry to interrupt, but as a
18:01:37 housekeeper matter you have been informed by the
18:01:39 clerk's office that there was not an official motion
18:01:41 to close the public hearings on the transmittal public
18:01:44 hearings, item 1, 2 and 3.
18:01:46 For purposes of the record --
18:01:48 >>CHARLIE MIRANDA: Move to close the transmittal
18:01:50 public hearing.
18:01:51 >> Second.
18:01:52 (Motion carried).
18:01:52 >>GWEN MILLER: Who is going to come to clear the
18:01:57 agenda?
18:02:01 >>ABBYE FEELEY: I am.
18:02:02 Land Development Coordination.
18:02:04 Actually I have a marked up agenda for you this
18:02:06 evening.
18:02:06 We just have one item, two items, number 4 and item
18:02:11 number 5, is a vacating, and an associated rezoning
18:02:16 that have been requested for continuance till

18:02:18 September 27 at 6 p.m.
18:02:21 Per the written request of Mr. Vin Marchetti.
18:02:29 >> These are continued hearings.
18:02:31 >>GWEN MILLER: Number 5 isn't.
18:02:32 >> Move to open number 5.
18:02:34 >> Second.
18:02:34 (Motion carried).
18:02:34 >>GWEN MILLER: Is there anyone in the public that came
18:02:36 to speak on item number 4 or 5?
18:02:39 Speak on the continuance.
18:02:42 Need a motion to continue.
18:02:43 >>CHARLIE MIRANDA: Move to continue to November
18:02:48 27th, 4 and 5, 6 p.m.
18:02:50 >>LINDA SAUL-SENA: I have a question.
18:02:53 Will this be the second or third continuance?
18:02:58 >>ABBYE FEELEY: This is actually the first.
18:03:04 >> Number 4, just continued.
18:03:06 >>> On the vacating, I believe it is the second.
18:03:13 Continuance but those two items must run together.
18:03:18 >> Just keeping track.
18:03:19 Thank you.
18:03:19 >>GWEN MILLER: We need to open number 6.

18:03:21 >> So moved.
18:03:22 >> Second.
18:03:22 (Motion carried).
18:03:23 >>MARTIN SHELBY: Did you want to swear the witnesses
18:03:32 for tonight's hearing?
18:03:33 >>GWEN MILLER: Yes, I would.
18:03:34 Is there anyone in the public going to speak on item
18:03:36 number 6 through 11?
18:03:41 Would you please stand and raise your right hand?
18:03:42 (Oath administered by Clerk).
18:03:54 >>MARTIN SHELBY: I ask that all written communications
18:03:55 relative to tonight's hearings which have been
18:03:58 available for public inspection at City Council's
18:04:00 office be received and filed.
18:04:01 Do you have anything, Mr. Clerk, to receive and file?
18:04:04 Motion, please?
18:04:06 >>GWEN MILLER: Motion?
18:04:07 >>CHARLIE MIRANDA: So moved.
18:04:08 >> Second.
18:04:09 (Motion carried).
18:04:09 >>MARTIN SHELBY: A reminder, council, regarding any
18:04:15 ex parte communications please disclose the sum and

18:04:18 substance and with whom it occurred prior to the vote.
18:04:20 Finally, to move things along, I ask that when you
18:04:23 state your name, please reaffirm for the record that
18:04:24 you have been sworn in.
18:04:26 I'll put this little sign to remind you.
18:04:28 It will speed things up and I appreciate your
18:04:30 assistance.
18:04:35 >>ABBYE FEELEY: Land Development Coordination.
18:04:36 I have been sworn.
18:04:37 The case before you, Z 07-52, located at 7135 North
18:04:43 Armenia Avenue, is requesting a rezoning from CG
18:04:48 commercial general and RS-50 single family residential
18:04:52 to RO-1 residential office.
18:04:55 They are proposing to rezone the property.
18:05:00 It is a 9,292 square foot site.
18:05:04 It is located in CG and RS-50.
18:05:07 It's surrounded by a mix of offices which I will show
18:05:10 you in my presentation.
18:05:11 It is an existing single-family home that they are
18:05:14 going to convert to office, with an addition of 817
18:05:19 square feet.
18:05:19 The proposed setbacks are as follows: From front 82

18:05:24 feet with the new addition, 98.5 feet without
18:05:30 addition, south side yard of 13.2 feet and north side
18:05:34 yard of 11.5 feet.
18:05:36 There are 7 parking spaces required.
18:05:39 7 are being provided.
18:05:41 The petitioner has submitted building elevation and
18:05:46 photos of the existing building and proposed
18:05:49 structure.
18:05:49 There are three waivers, a waiver to chapter 27-130
18:05:53 for six-foot masonry wall with 6-foot pier and lintel
18:05:58 vinyl fence along the north and east lot lines,
18:06:00 adjacent to the residential uses, another waiver to
18:06:04 27,130 for waiver of the required 15-foot landscape
18:06:09 buffer to use the existing setback of 11.5 feet on the
18:06:12 north, 5.5 feet on the east, and 13.2 feet on the
18:06:15 south, adjacent to the residential uses, and a waiver
18:06:19 to 27-246-A, backup distance from 7 feet to 5 feet.
18:06:46 It is north of Sligh Avenue on Armenia, Hamilton to
18:06:52 the north and cluster to the south.
18:06:56 Here is an aerial of the site.
18:07:02 Here's a picture of the existing site.
18:07:10 This is immediately to the south on Armenia.

18:07:14 Everything in that area has been converted from
18:07:15 residential -- or I'll show you a couple pictures of
18:07:20 some new office. This is a little further south of
18:07:24 the site.
18:07:25 Immediately across the street is a daycare.
18:07:27 Across Armenia.
18:07:29 This is a view looking north on Armenia, and this is a
18:07:35 view looking south towards Sligh.
18:07:39 The DRC has reviewed the site plan and finds it
18:07:43 consistent with all City of Tampa code of ordinances.
18:07:46 If there's any questions, please let me know.
18:07:48 >>LINDA SAUL-SENA: I was looking at this, and it
18:07:50 appears that everything on Armenia is pretty
18:07:53 commercialized but on Percy, the street behind,
18:07:57 appears to be completely residential and looks like
18:07:59 this site reaches back into the residential area, and
18:08:02 it looks like they are asking not to put up the
18:08:06 required masonry fence but to put up a chain link
18:08:09 fence, and why didn't you all object to that?
18:08:12 And are you concerned about -- and do you have any
18:08:14 pictures on Corcy and can you project how this is
18:08:19 going to impact the residential use as long there?

18:08:22 >>> They are actually requesting vinyl fence instead
18:08:25 of the masonry wall.
18:08:26 And I believe that is because of tree and root
18:08:29 foundations back there because they are asking for
18:08:30 pier and lintel as well to raise that over so they
18:08:34 cannot put the masonry wall on those root systems.
18:08:39 >> What about the lot immediately adjacent in the
18:08:41 back?
18:08:42 It looks like a yard.
18:08:44 >>> It's vacant.
18:08:46 >> Well, I just want to make sure -- maybe the people
18:08:50 who live back there are here but I would love their
18:08:52 feedback.
18:08:53 >>> I believe also that the waivers are to reflect the
18:08:58 existing conditions of the site, so they can't meet
18:09:00 the 15 feet because they couldn't move the existing
18:09:02 structure.
18:09:03 That's why it was asked for a reduction.
18:09:06 I can let petitioner speak to that further.
18:09:10 >>TONY GARCIA: Planning Commission staff.
18:09:20 I have been sworn.
18:09:23 Several additional comments to go along with what Ms.

18:09:27 Feeley has told you this morning, there are two
18:09:29 predominant land uses for Armenia Avenue.
18:09:32 The light tan colors residential 10 which is permitted
18:09:38 uses primarily single family detached, or attached
18:09:41 uses.
18:09:41 Community mixed use 35, land use designation which
18:09:45 directly interfaces Armenia Avenue which is considered
18:09:47 an arterial, and this segment as Ms. Feeley has a
18:09:53 variety of uses.
18:09:54 There is a dual land use category here of the CMU 35
18:09:57 and a little piece of the residential to incorporate,
18:10:00 the building which is basically in the middle of the
18:10:02 parcel.
18:10:04 Even though these are residential 10 this part of the
18:10:07 existing parcel that interfaces directly to Armenia
18:10:10 and will be toward Armenia does meet locational
18:10:14 criteria under residential 10 that allows
18:10:17 consideration for commercial in-fill, more than 50% of
18:10:19 the block face which would be Armenia Avenue over
18:10:22 here, consists primarily of commercial zoning
18:10:25 districts.
18:10:26 The area is located within the boundaries of the Lowry

18:10:28 Park central neighborhood association and is north of
18:10:31 Sligh Avenue.
18:10:32 It would be consistent and compatible with most of the
18:10:34 surrounding uses along North Armenia Avenue, in the
18:10:38 expansion that the application is proposing as part of
18:10:40 the site plan this evening will be expanded westerly
18:10:44 toward Armenia Avenue, and there will be no further
18:10:47 encroachment eastward onto the residential aspect.
18:10:51 The applicant as has been stated by Ms. Feeley will
18:10:55 have appropriate screening and buffering from existing
18:10:58 residential to the east, vinyl fencing, and concrete
18:11:02 masonry fence, which would basically has some impact
18:11:07 to the existing vegetation it.
18:11:09 Planning Commission staff found the proposed request
18:11:11 consistent with the comprehensive plan.
18:11:16 >>GWEN MILLER: Petitioner?
18:11:26 >> I'm Ron Perez representing petitioner, Clemencia
18:11:29 Vila mentioned chain link fence there. Was no
18:11:36 recommendation about a chain link fence no. Request
18:11:38 for that.
18:11:39 It would be a vinyl fence.
18:11:44 The existing building as you just heard with all of

18:11:50 the surrounding property uses along Armenia was
18:11:55 commercial general and is being requested to be
18:11:59 changed to an RO-1 for small professional office,
18:12:02 which would be primarily intended to be insurance
18:12:08 agency.
18:12:09 Doesn't impact the intensity of the use of the area,
18:12:12 nor does it create any --
18:12:15 >>CHAIRMAN: Would someone -- does someone have their
18:12:17 cell phone on?
18:12:19 Would you please turn them off?
18:12:24 I'm sorry, go ahead.
18:12:32 >>> The proposed use of the building would be low
18:12:34 intensity use.
18:12:36 Professional residential.
18:12:40 Complex.
18:12:44 He approximately 2,000 square foot.
18:12:49 >> Any question by council members?
18:12:51 >>LINDA SAUL-SENA: I'm sorry, chain link, but have you
18:12:57 spoken to the neighbors who live on the street behind
18:12:59 to the find out how they feel about it?
18:13:03 >>> I have spoken to the property owners on both sides
18:13:05 and the rear.

18:13:07 That's a residential lot behind the building.
18:13:09 It's vacant.
18:13:10 It's RS-50.
18:13:12 No one has ever said anything.
18:13:14 I have been there for about a year and a half, when we
18:13:17 proposed to do this, speaking to the neighbors, and no
18:13:20 one has had any objections to it.
18:13:24 >>GWEN MILLER: Is there anyone in the public that
18:13:26 wants ton speak on item number 6?
18:13:29 >>CHARLIE MIRANDA: Move to close.
18:13:30 >> Second.
18:13:30 (Motion carried)
18:13:31 >>CHARLIE MIRANDA: Move an ordinance rezoning property
18:13:46 in the general vicinity of 7135 North Armenia Avenue,
18:13:50 city of Tampa, Florida more particularly described in
18:13:51 section 1 from zoning district classification CG
18:13:55 commercial general and RS-50 residential single family
18:13:57 to RO-1 residential office, professional office,
18:14:00 providing an effective date.
18:14:02 >>GWEN MILLER: I have a motion and second.
18:14:03 (Motion carried).
18:14:04 >>THE CLERK: Who was the second, please?

18:14:08 >>LINDA SAUL-SENA: Me.
18:14:09 >>CHAIRMAN: Mrs. Saul-Sena.
18:14:12 Number 7.
18:14:13 >> Move to open.
18:14:14 >> Second.
18:14:14 (Motion carried)
18:14:14 >>THOMAS SCOTT: Item 7, that is Z 07-80, right?
18:14:27 That's the Westshore community development.
18:14:29 For the record, I just need to disclose that the
18:14:32 county commissioner, I was involved with the county
18:14:35 commission deeding the property over to, I guess,
18:14:41 Westshore, Mr. Rotella?
18:14:44 I was very much involved in that and helping with
18:14:47 affordable house.
18:14:48 I want to put that on the record so everybody knows I
18:14:51 was involved.
18:14:53 >>ABBYE FEELEY: Land Development Coordination.
18:14:55 I have been sworn.
18:14:56 I have before you Z 07-80 located at 1522 north Clark
18:15:01 Avenue.
18:15:02 Requesting a rezoning from RS-50 residential
18:15:05 single-family to PD, planned development, dwelling

18:15:08 single family attached, the proposed rezoning has one
18:15:13 waiver, waiver 27-242 for reduction of parking from
18:15:17 129 space -- spaces to 126 spaces, a total of three
18:15:21 spaces.
18:15:22 Petitioner is proposing to rezone the property at
18:15:24 1520 -- 1522 north Clark to construct attached
18:15:31 dwelling units, six 2-bedroom units and 51 three
18:15:35 bedroom units. The proposed development will consist
18:15:36 of 18 buildings with either three or four units.
18:15:41 Total of 129 parking spaces including 114 unit spaces
18:15:46 and 15 guest spaces being provided, combination of
18:15:51 residential garages, and on-site surface parking.
18:15:55 The site is surround by a mix of commercial,
18:15:57 residential and professional offices, and is located
18:16:00 adjacent to the recently approved mixed use
18:16:03 development to the west, Z-0725 that included
18:16:06 residential, affordable senior housing and retail
18:16:09 space.
18:16:15 To orient you to the site located here in green,
18:16:21 spruce to the north, Lois to the west, Clark to the
18:16:23 east, and Laurel street to the south.
18:16:30 The zoning as you can see the recently approved PD to

18:16:33 the west, RS-50 to the east, the fleet maintenance for
18:16:40 the City of Tampa located here, and also solid waste
18:16:43 department is located to the east of the site.
18:16:47 Showing you some pictures, this is a view looking
18:16:52 south of the site.
18:16:55 A have you looking south to the previously approved PD
18:17:02 site.
18:17:03 This is north of the site, that's senior center.
18:17:12 Offices located immediately north.
18:17:18 Across spruce.
18:17:21 And the post office located to the northeast across
18:17:23 spruce.
18:17:25 Here's a couple quick pictures of the fleet,
18:17:28 city-owned facilities to the south of the site.
18:17:32 Some bus parking.
18:17:39 And the solid waste.
18:17:43 There's elevations provided in your package of the
18:17:54 proposed site.
18:17:54 And I believe the petitioner will be speaking to that.
18:17:58 Staff has reviewed the proposed site plan in
18:18:01 accordance with City of Tampa code of ordinances and
18:18:04 finds it to be consistent.

18:18:12 >>TONY GARCIA: Planning Commission staff.
18:18:14 I have been sworn.
18:18:18 As relates to the comprehensive plan, you have two
18:18:20 predominant land use categories in this immediate
18:18:22 area.
18:18:24 This is regional mixed use 100 which happens to be the
18:18:27 land use designation under land use designation for
18:18:30 the proposed project, and of course residential 10.
18:18:33 The site is within the boundaries of the Carver City
18:18:36 Lincoln Gardens neighborhood association and also
18:18:38 close approximate I am to a variety of regional uses
18:18:41 as we know this is just south of international mall, a
18:18:46 mile directly east of Westshore mall, and is in close
18:18:50 proximity to several schools, rolling middle school
18:18:53 and Jefferson about a quarter mile west of the site.
18:18:57 The site also is right off the intersection of spruce
18:19:00 and Lois, lies about a half mile directly west of Dale
18:19:03 Mabry Highway and arterial roads.
18:19:07 The request as Ms. Feeley said is for approximately 57
18:19:10 units which is well under the density that's allowed
18:19:12 for 3.7-acre site at 100 dwelling units per acre
18:19:17 potential.

18:19:18 The request is for, as is characterized in the site
18:19:22 plan, a Fordable workforce, for sale residential town
18:19:25 homes, consistent with the policies in the
18:19:29 comprehensive plan to talk about Westshore, the
18:19:32 Westshore business district area as far as being a
18:19:34 major workforce area in the area that is in desperate
18:19:39 need of additional density to accommodate wore
18:19:42 workforce housing such as requested in this particular
18:19:47 project.
18:19:48 Planning Commission staff found the proposed request
18:19:49 consistent with the comprehensive plan.
18:19:51 >>GWEN MILLER: Petitioner?
18:19:59 >>RON ROTELLA: Westshore Development Corporation.
18:20:01 Some of you know my wife, in addition to the Ph.D.
18:20:05 she's a so whenever I make a public presentation.
18:20:08 She told me my presentation was too long.
18:20:10 I have it down to an hour and 14 minutes.
18:20:13 [ Laughter ]
18:20:14 Only kidding.
18:20:15 I know you have had a rough day.
18:20:17 The Westshore Community Development Corporation is a
18:20:20 501(c)3.

18:20:21 We are the developer.
18:20:23 But I would like to introduce the co-developer, and
18:20:26 that's Karen Wilson.
18:20:28 Some of you know.
18:20:30 Karen Wilson is the president of Wilson company.
18:20:32 And why am I co-developing with the Wilson company?
18:20:37 Well, they have 9200 affordable workforce housing
18:20:41 units that they built under the state tax credit
18:20:43 program all over the State of Florida.
18:20:46 Their projects are quality projects.
18:20:50 They have the management in place and have the
18:20:52 experience to co-venture on this development.
18:20:54 So the Wilson company is the co-developer on this
18:20:57 project.
18:21:10 Most of you are aware of it.
18:21:12 This is Spruce Street here.
18:21:13 This is Lois.
18:21:14 And that's the crossland project.
18:21:19 Three and a half acres directly behind the county's
18:21:26 daycare center so this is Clark, spruce, this is Lois,
18:21:29 of course Home Depot.
18:21:32 The old jail site.

18:21:34 Carver City, Lincoln Gardens jail site.
18:21:40 Just the site plan you have in your folder is black
18:21:53 and white, and I think this particular site plan,
18:21:57 which depict it is layout of the 57 units, you heard
18:22:01 that 51 and the three bedroom, two bedroom, really
18:22:06 shows how the site and urban setting I think is very
18:22:10 well laid out which incorporates a lot of green space,
18:22:13 and it has good urban feel to it, and you have the
18:22:16 pictures -- excuse me, the renderings in your files on
18:22:20 the elevations.
18:22:23 They will all have covered garages.
18:22:27 They will all be two-space covered garages, except for
18:22:30 the two bedrooms that have one space covered garage.
18:22:35 So that is the site plan.
18:22:50 City Council has recently taken action officially, but
18:22:53 had addressed the issue before, and that's the issue
18:22:55 of projects and developments that are green.
18:23:00 And I know diligently working on that.
18:23:05 This will be a green project.
18:23:06 We are going for green certification.
18:23:09 These units will meet the Department of Energy's
18:23:13 energy star rating.

18:23:14 And will work on the maintenance aspect of these
18:23:19 units.
18:23:19 And as you know, you get points as well for site
18:23:23 related aspects that incorporate the green concept.
18:23:26 And it is our intention.
18:23:29 We are only halfway there because the units are energy
18:23:31 star rated.
18:23:32 And all the appliances and the energy efficiency of
18:23:35 the air conditioning units and the duct work and the
18:23:38 windows.
18:23:39 So we are halfway there.
18:23:41 Now we have to focus on the site, which we will do.
18:23:47 Part of that would be hopefully being able to hook
18:23:50 into the city's reclaimed water system.
18:23:52 They have a major trunk line on Manhattan.
18:23:55 There is no distribution line to the site.
18:23:57 But I think there's a way working with the city that
18:23:59 we can accomplish, get reclaimed water to this site,
18:24:02 as well as other major users in the area.
18:24:07 75% of these units required by the county's land
18:24:12 transfer agreement has to be low and moderate income.
18:24:16 And the definition of moderate is below 80%.

18:24:21 So we are mandated by the community -- excuse me -- by
18:24:26 the county's land transfer agreement that 75% of the
18:24:29 units have to be that.
18:24:31 Our goal is to hit 100%.
18:24:33 That's all based on how much subsidy.
18:24:37 Who are our partners?
18:24:38 Well, I didn't know the significance of this when he
18:24:44 did it.
18:24:45 One of our partners is Hillsborough County.
18:24:47 And the person that was directly responsible for
18:24:51 convincing his six other commissioners to be a partner
18:24:58 in this project, to set up the community land trust
18:25:01 and transfer the land, was commissioner Tom Scott, now
18:25:06 distinguished member of City Council.
18:25:08 We knew the land value was going to be zero.
18:25:12 But without that land transfer, we would not have
18:25:15 received $4 million from the State of Florida under
18:25:20 the community workforce housing initiative program.
18:25:22 To be eligible for that grant, you have to have a 15%
18:25:26 match.
18:25:27 So the land value gave us the 15% match, which got us
18:25:31 the $4 million from the State of Florida.

18:25:33 By the way, we have been awarded that $4 million.
18:25:36 It's not like, gee, you have got to make application
18:25:39 for it, you may get it, you may not.
18:25:41 There were 33 applicants, 22 were dismissed.
18:25:44 We were one of eleven in the State of Florida.
18:25:47 The state really likes the demonstration aspect of
18:25:51 this project.
18:25:53 Another partner in addition to Hillsborough County in
18:25:58 the state is the City of Tampa.
18:25:59 We have applied for 1,050,000 of home funds.
18:26:05 I am not going to presumptive and tell that you
18:26:07 application will be approved.
18:26:08 However the city has taken the step to refer the
18:26:11 project to an underwriter, to look at the financial
18:26:15 feasibility of the project, and we are hopeful that
18:26:18 we'll be recipient of that money to the City of Tampa.
18:26:21 And then the city has other means in which to work
18:26:23 with the project, community block grant funds, and
18:26:27 other funds.
18:26:30 We also were awarded two weeks ago $400,000 from the
18:26:34 Environmental Protection Agency, thanks to
18:26:37 Hillsborough County they allowed us to apply through

18:26:39 Hillsborough County government, and because this is an
18:26:43 old landfill and we are doing the brownfield
18:26:45 designation, the Environmental Protection Agency of
18:26:49 the federal government, 400 that you to the project
18:26:54 for site remediation.
18:26:55 I would like to point out to you that the developer's
18:26:58 fee is fixed, the county fixed the developer's fee.
18:27:01 It's capped.
18:27:02 So any additional subsidy we bring to this project
18:27:06 will not go to the developers, because we're capped.
18:27:10 Any additional subsidy -- and, by the way, we thought
18:27:14 the cap was fair.
18:27:16 There was not any disagreement on the capping of the
18:27:19 fee.
18:27:19 Any additional subsidy we bring to the project just
18:27:23 qualifies that many more people.
18:27:26 And I want to put that in perspective for every 45 to
18:27:35 $56, and I am using an interest rate between five and
18:27:38 a half to six and a half percent, kind whereof it is
18:27:41 today, but for every 55 to 65 dollars that we can
18:27:45 reduce in housing costs, then that qualifies the
18:27:47 individual family for an additional $10,000 in

18:27:51 mortgage financing.
18:27:53 And with working with the county tax appraiser, who
18:27:57 has been very cooperative, will Shepherd, their
18:28:00 in-house general counsel has pretty much a shared us
18:28:04 because it's a community land trust, the tax, and
18:28:08 because the county is transferring the land to zero
18:28:10 dollars, that the land will be tax exempt.
18:28:14 Therefore saving money for the individual unit owners
18:28:16 because they will not be paying taxes on the
18:28:18 underlying land including all the common areas.
18:28:25 And energy efficiency and the maintenance aspect of
18:28:28 these also ties into that, because if you are saving
18:28:32 the homeowner money then they can qualify for more
18:28:35 mortgage.
18:28:37 I'm almost through.
18:28:40 We did have meetings with the neighborhood
18:28:46 association.
18:28:47 And I'll tell you what I heard at those meetings.
18:28:51 We had a total of four meetings with the association.
18:28:56 They pretty much told me early on about they really
18:29:01 prefer that it was not a rental project, that it would
18:29:03 be home ownership, and of course this is a for-sale

18:29:07 townhouse project, so the units will be for sale.
18:29:11 They were concerned about we looked at a concept that
18:29:14 was multifamily, multi-story, which would have been
18:29:19 six stories.
18:29:19 They indicated they prefer to have something less
18:29:21 dense around the site.
18:29:24 And of course now it's a 57-unit townhouse project.
18:29:28 It's not a multi--story with multifamily units.
18:29:34 The other issue was that I heard was how would we
18:29:37 guarantee the units were affordable?
18:29:39 If we got the land for free from the county, got these
18:29:42 other subsidies, sell them to an individual, and they
18:29:46 immediately go to $250,000, then the community land
18:29:51 trust accomplishes that.
18:29:53 And the land transfer agreement states that the
18:29:58 project in this case is 75%, that the county required.
18:30:01 If we drop below that, the land reverts back to the
18:30:04 county.
18:30:04 And the community land trust itself will guarantee the
18:30:08 continued affordability of the units.
18:30:15 >>JOHN DINGFELDER: Can I ask you a question on that
18:30:17 issue?

18:30:17 So what document -- I mean, it's not really that
18:30:23 germane to the rezoning per se but hopefully we as a
18:30:26 community will be doing more of this.
18:30:27 I'm just curious more than anything what document, you
18:30:30 know, prevents that person from flipping out into the
18:30:33 next one, you know, and selling it for whatever.
18:30:38 >>> There will be stipulations in the community land
18:30:41 trust, that will be connected to the condominium
18:30:45 documents.
18:30:46 But, for example, the way most land trusses are
18:30:50 structured you put a percentage that the units can
18:30:52 appreciate each year.
18:30:53 You also spell out that let's say a family or
18:30:57 individual qualifies.
18:31:00 Gets a job someplace else and wants to move then they
18:31:02 have to sell to the another qualified family or
18:31:05 individual.
18:31:05 If they do not, then the community land trust has the
18:31:08 right to step in and has the first right of refusal to
18:31:10 purchase that unit and then sell it to another
18:31:12 qualified family.
18:31:15 We will be the first community land trust in

18:31:18 Hillsborough County.
18:31:22 >> And what do you expect these units will start at,
18:31:26 ballpark?
18:31:28 >>> At this point, assuming -- and again I told you
18:31:34 earlier, I don't want to be presumptive.
18:31:37 But sewage we get the city's support for the request
18:31:41 for the one million 50,000 -- by the way, that's
18:31:45 federal home funds, the cities pass through, these
18:31:48 units will market for between 100 and 125,000 per
18:31:51 unit.
18:31:53 >> Wonderful.
18:31:54 >>> Yes, that's unheard of.
18:31:55 These will be brand new three-story town homes.
18:31:59 And if you star rate efficient basically maintenance
18:32:03 free, carpeting, appliances, ceramic tile, a goal of
18:32:11 ours when we started with this project, when we invite
18:32:14 you to the groundbreaking, we don't want people to
18:32:18 say, oh, look at these units, they look like
18:32:20 affordable units.
18:32:21 They will not.
18:32:22 They will be quality townhouse units.
18:32:26 >>GWEN MILLER: Let's see if there's anyone who wants

18:32:27 ton speak in opposition.
18:32:28 Is there anyone in the public that wants ton speak on
18:32:30 item number 7?
18:32:34 If you are going to speak, please get up. If you are
18:32:36 going to speak, come up and speak.
18:32:48 >>> I'm Dan Smith, president of the Carver City civic
18:32:52 and homeowner association, Carver City and Lincoln
18:32:58 Gardens association.
18:33:03 >>GWEN MILLER: If there's anyone else that wants to
18:33:05 speak, please stand and raise your right hand.
18:33:07 (Oath administered by Clerk).
18:33:09 >>> As far as this project is concerned, we have --
18:33:14 Mr. Rotella mentioned four meetings.
18:33:16 I attended one, the most recent one, I understand, and
18:33:19 I have been in touch with Mr. Rotella, and I have
18:33:22 spoken to some T homeowners association as a whole.
18:33:25 And for the most part we are not in opposition.
18:33:31 We don't have any objection.
18:33:34 There are some, as most of the time, there are some
18:33:37 people that live in the community that have major
18:33:38 concerns.
18:33:39 This is one of the developers again that's adding to

18:33:43 what we'll have to ingest in terms of traffic and
18:33:46 safety.
18:33:46 But the size of the project, with this kind of
18:33:50 development, the affordable housing, 125,000, if those
18:33:57 numbers stick, you are asking, how do we make -- what
18:33:59 causes those things to stay in place?
18:34:01 What document?
18:34:03 We would like to know that, too, for the most part.
18:34:06 But, you know, for the most part, our homeowners
18:34:11 association, we are not in opposition to the project.
18:34:13 One thing we want to say also invited, those that did
18:34:16 have opposition or anything to come down and speak on
18:34:19 their own behalf, as residents of the Carver City,
18:34:22 Lincoln Gardens.
18:34:24 >>GWEN MILLER: Is there anyone else that would like to
18:34:26 speak?
18:34:28 >> Move to close.
18:34:29 >>GWEN MILLER: Second to close?
18:34:30 >>RON ROTELLA: I don't have anything to say in
18:34:34 rebuttal.
18:34:35 There's one thing that -- I'm a little bit reluctant
18:34:39 to address, but I'm going to do it.

18:34:42 There is a bus shelter that is on the corner of Clark
18:34:48 and spruce, an existing bus shelter.
18:34:53 Hartline is requesting that the developer, the
18:34:56 Westshore Community Development Corporation, take down
18:34:58 the bus shelter and put up a new bus shelter that
18:35:02 meets hurricane standards and ADA.
18:35:03 And I understand why they want that.
18:35:06 But I didn't learn until afterwards that the only
18:35:10 reason Hartline can make that request of us is because
18:35:15 we are going through a rezoning.
18:35:17 Any other developer, they just pay their impact fees
18:35:20 and that's it.
18:35:21 Now, we will pay impact fees because the city doesn't
18:35:24 waive impact fees for affordable housing projects.
18:35:27 Most of you folks know I kind of do my homework. The
18:35:32 City of Tampa has in its district 7 Westshore impact
18:35:38 fees, and Hartline has expended 222,000.
18:35:43 With all the other projects going around they are
18:35:45 paying impact fees, I think that since we'll be paying
18:35:49 impact fees as well, that the cost of that shelter
18:35:53 should be borne by more than just the affordable
18:35:56 housing project.

18:35:57 So I would ask council to respectfully request to
18:36:00 waive that.
18:36:01 I'm told procedurally, if that's the case, we would
18:36:04 have to strike that in our site plan assuming you
18:36:07 approve it and amend our site plan between first and
18:36:09 second reading.
18:36:11 >>JOHN DINGFELDER: I think you said at the corner of
18:36:19 spruce and Westshore.
18:36:21 >>> I'm sorry, I meant spruce and Clark.
18:36:26 >>JOHN DINGFELDER: Spruce and Clark.
18:36:28 Is that off-site?
18:36:31 >>> Yes.
18:36:32 That's all on public property.
18:36:38 >> That's not even your intersection, is it?
18:36:41 >>> Yes.
18:36:41 Because our eastern boundary is Clark.
18:36:47 >> But at the corner of spruce is actually the senior
18:36:49 center.
18:36:50 >>> That's correct.
18:36:51 There's the county center.
18:36:57 >>GWEN MILLER: What's the fluor of council?
18:36:59 >>LINDA SAUL-SENA: I would like to do what Mr. Rotella

18:37:01 just suggested, which is have that, the cost of that
18:37:04 shelter borne.
18:37:08 >> Second.
18:37:09 >> My question to staff is can we correct that
18:37:11 staff -- direct that staff change to be made on our
18:37:14 site plan and brought back at our second hearing?
18:37:18 >>> Yes, council, you can.
18:37:19 It is actually note number 24 on the site plan.
18:37:23 Let's clarify that.
18:37:24 I believe that it is.
18:37:25 This note number 24 on the site plan, should you
18:37:28 choose to have that note removed, you would add that
18:37:31 condition to your motion on approval to remove note
18:37:35 number 24, and that site plan would be resubmitted
18:37:38 with that note removed, certified prior to second
18:37:40 reading.
18:37:40 >>JOHN DINGFELDER: Can I make a suggestion?
18:37:43 Maybe it would be better as the site plan moves to
18:37:46 different departments instead of striking the note
18:37:48 maybe we should just clarify the note and say that --
18:37:52 they have an express waiver from council to replace,
18:37:56 now, the requirement to replace a shelter.

18:37:59 That way, there wouldn't be any questions down the
18:38:01 road with the reviewers.
18:38:06 >>> It is not a requirement per code, per Westshore
18:38:08 overlay standards, that were just recently amended.
18:38:12 It does read that where trance yet stop provisions
18:38:16 wherever possible, development within the Westshore
18:38:18 overlay district shall be designed to maximize the
18:38:20 efficiency of mass transit.
18:38:22 The developer shall coordinate within the City of
18:38:24 Tampa and Hartline to determine if the site warrants
18:38:29 transit stop improvements such as easement dedication
18:38:31 or transit shelters.
18:38:33 These improvements may be subject for justification
18:38:36 for a reduction of up to 10% of the required parking
18:38:39 spaces.
18:38:40 Rezoning as well as other development that is come
18:38:45 through need to meet the provisions of the we've shore
18:38:47 overlay, should a development come in under its
18:38:50 current zoning district, to develop.
18:38:52 It would also be required to meet that provision as
18:38:54 well to comply with the Westshore overlay.
18:39:00 >> That's my point.

18:39:01 If it's required to meet that provision then why don't
18:39:03 we say that provision is expressly waived?
18:39:12 >>> This property is not in the overlay.
18:39:14 The only thing, that disputing it on as a waiver to a
18:39:17 code section then it's really not required to meet,
18:39:20 therefore striking the note that was asked to be added
18:39:22 by Hartline would resolve the issue.
18:39:32 >> So with Mrs. Saul-Sena's motion, just strike number
18:39:35 24.
18:39:35 >>GWEN MILLER: Close the public hearing.
18:39:38 Motion and second to close the public hearing.
18:39:40 (Motion carried)
18:39:42 What's the pleasure of council?
18:39:46 >>THOMAS SCOTT: I'm going to move --
18:39:51 >>GWEN MILLER: Can't read it.
18:39:54 >> We are going to fix it.
18:39:55 >>MARTIN SHELBY: The only addendum would be to strike
18:39:59 note 24 from the site plan for second reading.
18:40:02 >>THOMAS SCOTT: Let me just say, again, I had the
18:40:10 opportunity to work with Mr. Rotella and the Westshore
18:40:12 Community Development Corporation over at the county
18:40:15 when he first came to me, and told me what he needed

18:40:17 to do.
18:40:22 To meet with the residential, lien can garden, had to
18:40:27 be affordable.
18:40:28 He did that.
18:40:29 And affordable and work well with the county staff at
18:40:36 that time, and so as a result of that, we have a good
18:40:39 product, which I believe will become a model for this
18:40:42 community, Mr. Rotella.
18:40:44 I think this will be an excellent model about
18:40:46 affordable housing, about community trust, and about a
18:40:50 government can work together with other agencies to
18:40:54 make housing affordable.
18:40:56 When you talk about 125,000, Mr. Smith from Carver
18:41:04 City, all that's in documentation.
18:41:06 So you can get that and see that.
18:41:08 Again, just a pleasure to work with Mr. Rotella, to
18:41:11 make this a reality.
18:41:13 And I'm delighted to see that this is moving forward.
18:41:16 And hopefully, hopefully with the city involved,
18:41:23 working with them, they can get the reclaimed water
18:41:28 worked out because that is a big issue for us, and
18:41:31 particularly you have got a lot of businesses in there

18:41:34 that could hook up as well and the other residents.
18:41:37 So Madam Chair, I will move an ordinance rezoning
18:41:39 property in the general vicinity of 1522 north Clark
18:41:42 Avenue in the city of Tampa, Florida more particularly
18:41:44 described in section 1 from zoning district
18:41:46 classification RS-50 residential single family to PD
18:41:49 planned development, single family attached, providing
18:41:52 an effective date.
18:41:54 And then strike note 24.
18:41:58 >>CHARLIE MIRANDA: Madam Chair, in all the years of
18:42:05 public service this is the first time of all the
18:42:07 thousands votes I have cast that I have gone from a
18:42:10 jail house to a real house.
18:42:15 First for everything.
18:42:19 >> From a landfill to a jail.
18:42:21 Mrs. Saul-Sena?
18:42:23 >>LINDA SAUL-SENA: I'm so excited about this project,
18:42:25 affordable, it's so well located, so that maybe people
18:42:30 will be able to use transit and not have to have so
18:42:33 many cars.
18:42:36 Hits all the right notes.
18:42:37 Thank you for your leadership, Mr. Rotella.

18:42:43 >>RON ROTELLA: I want to point out there was somebody
18:42:45 on the front end of this that recognized the potential
18:42:47 of this project, that made it happen, and that's
18:42:53 Thomas Scott.
18:42:53 >>CHARLIE MIRANDA: Remember your wife.
18:42:58 [ Laughter ]
18:43:01 >>JOHN DINGFELDER: I was going to ask
18:43:03 commissioner/councilman Scott for leading this off
18:43:07 over at the county, and being kind enough to follow
18:43:09 through with it over here.
18:43:13 That's very diligent of you.
18:43:14 But seriously it is a good project.
18:43:16 And I'm real excited about it.
18:43:19 I do think at some point we need to look at that issue
18:43:21 of impact fees and affordable houses.
18:43:23 But that's for another day.
18:43:26 >>GWEN MILLER: Motion and second on the floor.
18:43:27 (Motion carried)
18:43:30 We need to open number 8.
18:43:32 >>CHARLIE MIRANDA: Move to open item number 8.
18:43:35 >>LINDA SAUL-SENA: Second.
18:43:36 (Motion carried)

18:43:46 >>JILL FINNEY: Land Development Coordination.
18:43:51 I have been sworn.
18:43:51 We are here on petition Z-07-82 located at 5301 north
18:43:56 Habana Avenue and 2609 and 2611 crest Avenue going
18:44:02 from PD planned development with multifamily
18:44:05 professional office uses to PD planned development
18:44:07 with office, family, professional office, and medical
18:44:10 office uses.
18:44:12 The petitioner is proposing to rezone the property to
18:44:14 allow for the addition of medical office uses.
18:44:17 The site has a previously approved PD zoning which
18:44:20 allows for two residential structures consisting of
18:44:24 four two-bedrooms each and 3065 square foot
18:44:27 professional office building. The site has been
18:44:31 constructed and each of these structures and uses are
18:44:33 existing.
18:44:37 It would allow for the professional office structure
18:44:38 to have professional office uses and/or medical office
18:44:42 uses for a combined maximum of 3,065 square feet of
18:44:46 use.
18:44:48 Further rezoning will not add any additional use,
18:44:50 square footage to the site.

18:44:54 The PD setbacks are as follows: The north seven feet,
18:44:58 to the east 51 feet, to the south, 18 feet, to the
18:45:02 west, 3 feet.
18:45:03 A total of 30 parking spaces are required and 24
18:45:07 spaces are provided.
18:45:08 A waive has been requested for parking.
18:45:17 Here is a zoning map of the local area.
18:45:23 You will notice here's the site.
18:45:27 There are a lot of commercial and office uses and PDs
18:45:32 in the immediate proximity.
18:45:38 Here is an aerial of the site.
18:45:40 It's approximately a block south of Hillsborough.
18:45:44 And this is Publix directly to the north.
18:45:52 This is a picture of the site.
18:45:56 This would be the parking lot to the north.
18:46:02 These are the residential components of the site.
18:46:06 This is the parking lot of the Publix, or the
18:46:09 drive-through access area, which is to the rear of the
18:46:14 Publix directly abutting the site.
18:46:18 This is north of the site to the west and going down
18:46:23 to the west.
18:46:33 And to the south.

18:46:34 This is an approved PD with town homes.
18:46:38 City staff finds this request consistent with the Land
18:46:45 Development Codes and regulations.
18:46:48 I'm available for questions if you have any.
18:47:01 >>TONY GARCIA: Planning Commission staff.
18:47:03 I have been sworn.
18:47:07 There are three predominant land use categories in
18:47:09 this particular area.
18:47:10 Along Hillsborough Avenue we have the community mixed
18:47:13 use 35 which supports commercial neighborhood and
18:47:15 general commercial uses.
18:47:16 Residential 35, which is a little higher density land
18:47:21 use category which would allow for consideration of
18:47:23 low density offices as well as single family attached
18:47:28 development, of course residential 10, predominantly
18:47:31 single family detached.
18:47:34 As Ms. Finney has stated already, this is an existing
18:47:38 town home project, one of the town home uses approved
18:47:41 for professional offices, the one we are talking
18:47:43 about, facing Habana, and to a medical office use
18:47:49 which is a more intensive use, consistent with policy
18:47:53 8.4-1.

18:47:55 Consideration of medical office uses along this
18:47:57 particular segment of Habana.
18:47:59 You can also see that there are uses immediately
18:48:03 adjacent to the site of, and you have an apartment
18:48:09 complex to the west, medical office, medical office
18:48:11 over here, and medical office here on this corner, and
18:48:16 to the south an ALF facility done by this council
18:48:21 about two years ago.
18:48:22 Planning Commission staff finds the proposed request
18:48:24 consistent with the comprehensive plan.
18:48:26 >>GWEN MILLER: Petitioner?
18:48:33 >>> Manuel Lanz.
18:48:34 I have been sworn in. I'm the owner and developer of
18:48:37 the site.
18:48:38 It's already built.
18:48:41 And all I'm asking is to be able to get the medical
18:48:43 use.
18:48:44 >>CHAIRMAN: Is there anyone in the public that wants
18:48:47 to speak on item 8?
18:48:48 >>CHARLIE MIRANDA: Move to close.
18:48:49 >> Motion and second to close.
18:48:51 (Motion carried).

18:48:52 >> Move an ordinance rezoning property in the general
18:49:00 vicinity of 5301 north Habana Avenue and 2609 and 2611
18:49:06 crest Avenue in the city of Tampa, Florida more
18:49:07 particularly described in section 1 zoning district
18:49:09 classification PD planned development multifamily,
18:49:12 professional office, to PD, planned development,
18:49:14 multifamily, professional office, medical office,
18:49:17 providing an effective date.
18:49:18 >>GWEN MILLER: I have a motion and second.
18:49:19 (Motion carried)
18:49:22 Need to open number 9.
18:49:25 It's continued.
18:49:25 All the rest are continued.
18:49:45 >>ABBYE FEELEY: Land Development Coordination.
18:49:48 Z 07-60, the item before you, 306 west Curtis street,
18:49:53 was before you on July 26th.
18:49:54 The changes that were required were determined to be
18:49:57 substantial changes, which under the new process had a
18:50:02 four week continuance.
18:50:04 The petitioner has revised the plan.
18:50:06 Staff and D.O.T. has reviewed, found to be consistent
18:50:10 with all City of Tampa code ordinances.

18:50:13 The request is for rezoning from RS-50 residential
18:50:16 single family to PD planned development single family
18:50:20 detached residential, no waivers are being requested
18:50:23 with this rezoning.
18:50:24 The petitioner is proposing to rezone the existing
18:50:27 9,776 square foot lot to create two buildable lots of
18:50:32 4,888 square feet each.
18:50:35 The site currently has 96 feet of frontage on Curtis
18:50:39 and the proposed frontages will be 48 feet for each
18:50:42 lot.
18:50:43 The existing 777 square foot home on lot 72, the east
18:50:49 lot, will remain.
18:50:51 The PD setbacks for lot 72 are as follows: 26.8 feet
18:50:56 front, 33.9 feet rear, 17 feet west, and 4.8 feet east
18:51:02 side yard.
18:51:03 The building setbacks for the proposed house on lot
18:51:06 73, the west lot, will be 20.5 feet, 20 feet rear, 7
18:51:12 side, west side 7, east side, minimum building
18:51:15 separation is 11.8 feet. The setbacks proposed for
18:51:20 the new lots do exceed the minimum setback
18:51:23 requirements for an RS-50 lot.
18:51:30 Here is the site on 306 Curtis.

18:51:46 This located just one lot off of Highlands, and you
18:51:50 have OLA to the west, Curtis -- I'm sorry, Hilda to
18:52:00 the south.
18:52:02 This is a picture of the vacant lot, where the
18:52:07 proposed home will be built.
18:52:12 That's the yard.
18:52:15 The existing 777 square foot structure.
18:52:21 This is the lot on the corner on Highlands and Curtis.
18:52:28 This is the home across the street.
18:52:31 Two of the house as cross the street.
18:52:44 I provided a map showing the area with the conforming
18:52:49 and nonconforming lots.
18:52:51 As you can see, most everything has been developed in
18:52:54 an RS-50, therefore the request is found consistent,
18:52:58 and is consistent with the existing development
18:53:00 pattern of the surrounding area.
18:53:04 Staff is available should you have any questions.
18:53:14 >>TONY GARCIA: Planning Commission staff.
18:53:15 I have been sworn.
18:53:17 The predominant land use category for this particular
18:53:20 area is residential 10. The site does lie within the
18:53:23 boundaries of the south Seminole Heights neighborhood

18:53:25 association boundaries.
18:53:27 To give you a little more context of the area, it is
18:53:29 located North Boulevard is a little bit to the west on
18:53:33 the other side of the school over here, Florida
18:53:35 Avenue, to the east. The site is right off of
18:53:40 Highland Avenue.
18:53:46 You do have a variety of housing types particularly
18:53:48 along these particular block faces of this particular
18:53:51 part of south Seminole Heights.
18:53:54 Based on the lot configurations in the area and the
18:53:57 opportunity for promoting more new housing in-fill
18:54:00 development, Planning Commission staff finds the
18:54:02 proposed request consistent with comprehensive plan.
18:54:04 >>GWEN MILLER: Petitioner?
18:54:15 >>> Jim Stutzman, Tampa, and I have been sworn.
18:54:20 Staff has given a pretty good overview of the site.
18:54:23 Realistically, we think this is an appropriate in-fill
18:54:26 project on the site.
18:54:27 I believe about 10 of the developed lots in this block
18:54:31 are 48 feet in width or less.
18:54:34 And we feel that it is an appropriate use.
18:54:45 This is a rendering of the site plan that we

18:54:47 submitted.
18:54:48 The existing home that Abbye described.
18:54:51 And this will be the lot 72 that will have the
18:54:54 proposed lot.
18:54:55 And we did try to meet the setbacks of the RS-50
18:55:00 zoning --
18:55:01 >>GWEN MILLER: Do you have any opposition?
18:55:03 Is there anyone in the public that wants ton speak on
18:55:06 item 9?
18:55:07 >> Move to have close.
18:55:08 >> Second.
18:55:08 (Motion carried)
18:55:16 >>JOHN DINGFELDER: Mr. Stutzman, I'm sure all council
18:55:21 pressures the look of the new house.
18:55:23 Looks like it's going to match the neighborhood.
18:55:27 >>> The architect did look at a number of the houses
18:55:29 in the neighborhood and trade to copy those.
18:55:31 >> With a front porch.
18:55:33 >>> Yes.
18:55:33 And a rear porch.
18:55:35 >> Move an ordinance rezoning property in the general
18:55:37 advice unto ever 306 west Curtis street in the city of

18:55:39 Tampa, Florida and more particularly described in
18:55:42 section 1 from zoning district classifications RS-50
18:55:45 residential single family to PD planned development
18:55:48 single family, detached residential, providing an
18:55:50 effective date.
18:55:51 >> I have a motion and second.
18:55:52 All in favor of the motion say Aye.
18:55:54 Opposed, Nay.
18:55:56 Item 10, continued public hearing.
18:56:21 >>JILL FINNEY: Land Development Coordination.
18:56:23 I have been sworn.
18:56:23 You are here on petition Z-0-750 at 1250 and 1208
18:56:29 north O'Brien street going from map 2, air important
18:56:34 compatibility defibrillator to PD planned development
18:56:36 with the proposed uses of professional, medical
18:56:39 office, retail, hotel, commercial, recreational
18:56:42 facility, indoor locational school.
18:56:47 The petitioner proposes to rezone the property to a PD
18:56:50 district in order to construct office, commercial and
18:56:53 hotel uses on the site. The 7.17-acre site is located
18:56:57 within an area of town that is currently under
18:57:00 development.

18:57:01 While the Tampa International Airport is directly
18:57:04 located to the northeast of the site, the property to
18:57:05 the east has been recently built with a professional
18:57:08 office campus, and the property directly to the north
18:57:11 has been a -- has an approved PD to professional
18:57:14 offices, hotel, restaurant, uses and is in the
18:57:17 construction stages at this time. The project
18:57:20 proposes two office buildings containing 210,000
18:57:24 square feet in the first building, and 200,000 --
18:57:30 208,000 square feet in the second building, comprised
18:57:33 of seven stories, 95 feet in height as well as a
18:57:38 9-level parking garage.
18:57:39 Petitioner is proposing a total of 418,000 square feet
18:57:43 of office space that could be converted to the other
18:57:46 requested uses.
18:57:48 The PD setbacks are as follows.
18:57:51 To the north is 26 feet.
18:57:53 To the east is 74 feet.
18:57:54 To the south is 20 feet.
18:57:56 To the west is 25 feet.
18:57:59 1,380 parking spaces are required, and 1,470 spaces
18:58:04 are being provided for within the proposed structured

18:58:08 parking garage.
18:58:18 Here is a zoning map.
18:58:20 Of the area.
18:58:22 This is where the newly approved PD would be.
18:58:33 Here you can see memorial highway located just to the
18:58:43 east, with rural to the north. The airport is here.
18:58:54 This is the site, heavily vegetated right now.
18:59:05 And the airport and then the site directly to the
18:59:07 north.
18:59:09 This is the site to the east.
18:59:20 Staff originally had some concerns with the garage,
18:59:26 with compatibility.
18:59:27 But petitioner has worked extensively with staff since
18:59:30 that point.
18:59:31 Since that was brought out.
18:59:32 And they are going to be providing a two-tiered
18:59:36 landscape approach with 8-inch trees, and 25 palms
18:59:43 behind it and they have also worked on the garage
18:59:47 that's more compatibility with the building.
18:59:50 I do want to make just one note.
18:59:51 Staff has found it to be consistent.
18:59:54 However, there is one for waiver number three, they

18:59:59 reference chapter 31 as opposed to chapter 13.
19:00:03 That would be the only thing we would ask in the
19:00:05 motion to have that set on the site plan.
19:00:09 Thank you.
19:00:09 I'm available for questions.
19:00:13 >>LINDA SAUL-SENA: We were given the new improved one?
19:00:17 >>> Yes, that's correct.
19:00:26 >> Is there any connectivity in terms of sidewalks?
19:00:32 >>> I will let the petitioner speak to the
19:00:33 connectivity part of it.
19:00:35 I know there that there was a --
19:00:40 >> It not visible on their drawings.
19:00:42 >>> Right
19:00:57 They are requesting the in lieu fee.
19:01:19 >> They are not putting any sidewalks here.
19:01:24 >>> On the site plan it reads here that the rezoning
19:01:26 petition includes a request that City Council to
19:01:29 determine it is not practical to construct sidewalks
19:01:31 due to the presence of drainage ditches, and City of
19:01:34 Tampa wetland mitigation area.
19:01:36 This whole area to the northeast here is all
19:01:39 conservation land, so they really had to work a lot of

19:01:43 mitigation in order to be able to accommodate those
19:01:46 sites.
19:01:46 So based on that --
19:01:48 >> What is the total square footage?
19:01:53 >>> It's 7.17 acres.
19:01:58 >> No, square footage like -- what I am trying to get
19:02:01 at is how many people are going to work there?
19:02:06 >>> Can I refer to petitioner for that?
19:02:08 >> I just feel like it's 2007, and it would be
19:02:13 completely irresponsible for us to allow people to
19:02:15 develop a 7-acre site with nothing other than a car
19:02:22 the way to get on and off.
19:02:23 There's no easy way to walk, ride a bike, get to a
19:02:26 transit stop.
19:02:29 >>> And I do think that they are presented with a
19:02:31 unique situation based on the wetlands and
19:02:35 conservation area.
19:02:38 Thank you.
19:02:41 >> A boat.
19:02:44 >>TONY GARCIA: Planning Commission staff.
19:02:52 I have been sworn.
19:02:56 As you can see, we have got pretty much one car over

19:02:58 here.
19:03:00 Municipal air airport, land use designation for the
19:03:04 site. The site is 7.17 acres, 5.23 acres of the site
19:03:07 is developable because do you have wetlands, that have
19:03:11 been designated on the site and the site plan, the
19:03:14 applicant is going to be providing an area to
19:03:17 accommodate wetlands that are on-site.
19:03:23 The Subpoena for approximately 418,000 square feet of
19:03:26 office use, two seven stories in height, associated
19:03:31 nine-story parking facility.
19:03:37 If you look at the aerial the existing environment you
19:03:43 will see it's pretty much like a Parker Research
19:03:45 corporate park area.
19:03:46 Do you have hotel uses in the area, if we go across
19:03:58 memorial highway, here's RIO street there. Was
19:04:02 another office project that was just recently approved
19:04:04 to the southwest of this.
19:04:06 I believe at the last council, very old office complex
19:04:12 that has been underutilized for several decades.
19:04:16 This is basically showing a trend for more updated
19:04:18 office uses.
19:04:20 There is office directly to the east of the site.

19:04:23 To building interconnectedness, Mrs. Saul-Sena, tie
19:04:26 have looked at that and I think it's an ongoing issue
19:04:29 we have all seen in the Westshore area with increased
19:04:31 commercial uses and office uses and the idea of how
19:04:34 people will be able to get around in the area, I think
19:04:37 as this area continues to evolve I think that's become
19:04:39 more and more of a focal issue and I think something
19:04:42 everyone is going to be more concerned about and
19:04:44 sensitive to.
19:04:47 If it's any consolation from the interconnecting
19:04:50 aspect, what currently exists over here we do have an
19:04:53 approved project which will be basically a mixed use
19:04:57 project, you will have office and retail uses, and
19:05:00 some restaurant uses up here.
19:05:03 What you have up here is Spruce Street, which connects
19:05:07 the east and the west, then international mall is
19:05:09 further to the east, O'Brien street is as you go north
19:05:14 of Laurel street, do you have a nice divided highway
19:05:16 that's been recently done.
19:05:18 You are going to have the intersection basically moved
19:05:20 over to here which will accommodate the traffic flow
19:05:22 much easier along Spruce Street, and you will also

19:05:25 have Laurel street and Cypress Street, which basically
19:05:29 connect all the way out to Westshore Boulevard as one
19:05:31 goes to the east.
19:05:32 They will be -- I'm saying that so now what the roads
19:05:37 will be from a future aspect of how you are going to
19:05:40 have interconnectedness.
19:05:43 I'm sure the whole Westshore area is going to be, I
19:05:45 think, more sensitive and I think you can speak to the
19:05:48 applicant about that and I believe Mr. Rotella is
19:05:50 here, and I believe generally he might be able to give
19:05:53 you some direction as to what may be the future plans
19:05:55 are for the general Westshore business district area.
19:05:58 Planning Commission staff had no objections to the
19:06:00 proposed request and finds it consistent with the
19:06:02 comprehensive plan.
19:06:03 >> I know that we had the Planning Commission just
19:06:07 completed the Westshore connectivity, something like
19:06:12 that, and we have this wonderful new investment we are
19:06:15 making at cypress point park, which is on Cypress
19:06:21 Street.
19:06:23 I know those are considerations.
19:06:25 Petitioner?

19:06:28 >>> Good evening.
19:06:29 My name is David Mechanik, 305 south Boulevard, Tampa,
19:06:33 Florida.
19:06:34 I'm here on behalf of the petitioner.
19:06:40 We have a number of consultants here.
19:06:42 We have our architect, and engineers and planners.
19:06:45 And in lieu of having them all give presentations, of
19:06:51 course they'll be here to answer any questions.
19:06:53 I would like to introduce Mr. Eric Mueller who is the
19:06:57 petitioner, and he will go over for council the site
19:07:03 plan, orient council as to the site, the various site
19:07:07 constraints that he was dealing with in terms of
19:07:11 designing this site.
19:07:13 We will also speak to the sidewalk issue.
19:07:17 We are literally precluded from constructing a
19:07:20 sidewalk, because there are wetland mitigation areas
19:07:26 on the property edges on both the eastern and northern
19:07:30 edge of the property, which constitutes virtually all
19:07:33 of the road frontage of this property.
19:07:35 These are city wetland mitigation areas that the city
19:07:39 was required to install as part of the O'Brien street
19:07:44 construction.

19:07:45 And beyond that, the property, at those locations, is
19:07:52 pretty much enveloped with wetlands, which you can see
19:07:55 are being preserved as part of this plan.
19:07:58 But Mr. Mueller will speak to that in much more
19:08:02 detail.
19:08:02 Thank you.
19:08:05 >>> Good evening Madam Chairman and council members.
19:08:14 My name is Eric Mueller, 320 West Kennedy Boulevard.
19:08:18 I have been sworn in.
19:08:24 I would like to try to provide some background and
19:08:27 information on this property.
19:08:28 But before I do that, I wanted to let you folks know
19:08:32 that I have been a resident of the City of Tampa since
19:08:35 1961, when my father Elliott Mueller, Sr., brought us
19:08:41 here from Cuba.
19:08:41 And we first lived in Ybor City, and then we moved to
19:08:46 West Tampa, and I have grown up in this great city of
19:08:50 ours, really participating in a lot of the city
19:08:56 facilities that have been presented to many of us, and
19:08:59 very proud of that.
19:09:01 I have got a special relationship with Westshore.
19:09:05 When we moved from Ybor City to West Tampa, we ended

19:09:08 up living at 3317 west LeRoy street, which happens to
19:09:13 be one and a half blocks due east of the eastern
19:09:17 boundary of the Westshore business district which is
19:09:20 Himes.
19:09:20 And grew up there as well.
19:09:23 My childhood, had the privilege of attending Jefferson
19:09:26 high school, as part of the first class that ever
19:09:29 walked into that building, when it first opened in
19:09:32 1973.
19:09:33 And was ultimately a member of the first graduating
19:09:36 class that graduated from Jefferson high school that
19:09:38 had attended Jefferson all three years, and graduated
19:09:42 there in 1976.
19:09:43 So I grew up in the Westshore area, went to school in
19:09:47 the Westshore area, and fortunately have had the
19:09:51 privilege to conduct much of my career in the
19:09:54 Westshore business district.
19:09:56 And in 1982, I developed or part of the development
19:10:06 team that developed Rocky Point center on 2502 Rocky
19:10:10 Point drive in the Westshore area.
19:10:14 In 1987 I came before this council, a different group
19:10:19 of council members, but came before this council with

19:10:21 a PD zoning for a project called tower place, which is
19:10:26 at the end of the street of the subject property that
19:10:28 we are talking about today, which is at 5011 North
19:10:33 Westshore, very challenging project on a difficult
19:10:36 site, but I think it turned out really well and I'm
19:10:39 proud of what we were able to do to the.
19:10:41 In 1999, and the year 2000, I came back before this
19:10:46 council to seek a PD for the rezoning of a four acre,
19:10:53 very forested piece of property, which is directly
19:10:56 contiguous to the subject site we'll talk about
19:10:58 tonight to the east, and that property was very
19:11:01 difficult with lots of challenges as well, and I
19:11:13 believe staff showed some other pictures.
19:11:16 It's called Laurel place.
19:11:18 And essentially, my point is that I have been in
19:11:22 Westshore actively developing real estate for my
19:11:25 entire career.
19:11:27 I'm extremely sensitive to all the Westshore issues
19:11:30 and to our community.
19:11:32 It's my hometown as well.
19:11:34 And I'm very proud of it.
19:11:36 One of the things I'd like to do first before talking

19:11:39 about the specifics of our particular site is briefly
19:11:47 introduce our development team, because I think it's
19:11:51 important to understand that we are a local
19:11:53 development team.
19:11:56 I have been successful in the past in trying to
19:11:58 identify very talented, gifted, professionals in our
19:12:02 industry that actually operate and live here in our
19:12:05 community and try to encourage getting those folks
19:12:07 involved in any project that I get us involved with
19:12:11 and actually try to develop -- our attorneys you have
19:12:15 met, Dave Mechanik.
19:12:16 We also have here Kerry Gaylord with Gaylord MERLIN,
19:12:23 our attorney on property rights issues, gene Langford,
19:12:27 our attorney on real estate transaction issues, our
19:12:30 architect is Mike Bening with Reynold, Stewart and
19:12:35 Stewart, who has been an active member of our
19:12:37 community as an architect for over 20 years as well,
19:12:40 and responsible for lots of other projects beyond some
19:12:43 of the ones that he and I have worked on here in Tampa
19:12:46 before.
19:12:47 Sprinkle consulting is our land planners and our civil
19:12:50 engineers.

19:12:50 And they will be able to address some of the technical
19:12:53 issues that are related to those matters.
19:12:55 And we have an out standing landscape architect in the
19:12:58 company of -- landscape architect worked with us to
19:13:04 deal with the project requirements.
19:13:06 Aside from that I want to be -- one of the critical
19:13:09 team consultants we have on the project because of the
19:13:11 nature of the project was biological research and
19:13:14 associates, with Jim Melner with that group who led
19:13:19 our environmental issues.
19:13:20 Randy Coen within Cohen and associates is our
19:13:24 transportation planner.
19:13:25 And we have an economist who helped us do some
19:13:29 forecast and market stuff, Dr. Walter Klages, who is
19:13:32 well-known to a lot of other municipalities for doing
19:13:35 economic impact analysis on behalf of several
19:13:40 municipalities in our bay area.
19:13:45 I think what we would like to do is start by
19:13:47 describing the property that you have heard already,
19:13:49 7.17 acres.
19:13:51 You have heard that it's 5.23 acres worth of uplands
19:13:55 and about 1.94 acres worth of wetlands.

19:13:59 The grades on the property are between elevation 7 and
19:14:02 elevation 10, which above sea level, which is pretty
19:14:07 standard in that Westshore area.
19:14:09 The property is located, as you have seen from other
19:14:13 aerials that everybody presented -- the property is
19:14:23 located here which is directly due south, and halfway
19:14:26 in between at each of the two primary runways of Tampa
19:14:31 International Airport.
19:14:33 It's about halfway between those and just south of
19:14:36 Laurel street, and at the southwest corner of west
19:14:39 Laurel street and O'Brien street.
19:14:43 The property is currently zoned as map-2 which has
19:14:49 limitations of 42 feet in height.
19:14:52 What we seek as part of our PD is to do this specific
19:14:54 site plan solution that would in fact permit to us
19:14:57 take the property up to about 95 feet in height at the
19:15:01 north end of the property where the parking structure
19:15:04 is, and I believe about 100 feet in height where the
19:15:07 buildings are.
19:15:08 This was a result of a relatively arduous process that
19:15:13 we had go Todd Pressman go through with Hillsborough
19:15:15 County aviation authority, and with the Florida

19:15:18 federal aviation authority both in Atlanta and beyond,
19:15:22 whereas what we have to do is as petitioner, to get
19:15:26 those approvals, is we have to go through the entire
19:15:29 process of designing our site plan.
19:15:32 And then we have to take each of the points for each
19:15:34 of the buildings, and we have to elevate those to the
19:15:36 Heights that we actually expect to deliver with those
19:15:41 buildings, then has to be submitted as a formal
19:15:43 submittal to each of those agencies, and then they
19:15:46 each comment on it and ultimately issue an approval or
19:15:49 rejection of the application.
19:15:50 In our case we receive those approvals in January of
19:15:54 this year, 2007.
19:15:56 We have received them from both Hillsborough County
19:16:00 aviation authority and the federal aviation authority.
19:16:02 Those permits have been submitted to staff, so they
19:16:07 are a matter of record.
19:16:11 It approves specifically the configuration, and the
19:16:13 heights and the character of the project that is
19:16:17 reflected on the petition and the site plan for the
19:16:20 rezoning.
19:16:21 And it cannot be modified by us without in fact going

19:16:26 back and resubmitting and modifying those specific
19:16:30 site plan and modifying all the related details that
19:16:35 are associated with that back to those agencies.
19:16:46 I would like to address a comment raised earlier in
19:16:48 Mr. Rotella's presentation about public transportation
19:16:52 and Hartline.
19:16:53 And I think it probably speaks to what council member
19:16:57 Saul-Sena raised in the way of interconnectivity.
19:17:02 In our particular project we looked around to see what
19:17:05 opportunities existed.
19:17:07 And we identified that there is a Hartline transit
19:17:10 station within 50 yards due west on the south side of
19:17:14 Laurel street that we have worked with Hartline to
19:17:19 examine what modification could be made to that
19:17:21 transit station and to access it as part of our
19:17:24 project.
19:17:32 >> Can I ask you a question on that point?
19:17:35 How would somebody get from the door of your building
19:17:38 to the stop?
19:17:40 How would they walk there?
19:17:42 Maybe one of your consultants can answer it.
19:17:45 But it's a concern.

19:17:49 >>> I think I can answer that.
19:17:50 Let me find the right graphic to be able to
19:17:53 demonstrate that.
19:18:06 >> Also did any of your three projects have sidewalks?
19:18:09 >>> If property directly due east of this does in fact
19:18:12 have a sidewalk.
19:18:13 And our project will connect to it hat a sidewalk
19:18:16 along O'Brien street because we had the capacity to do
19:18:19 that.
19:18:19 We did not have the capacity to install a sidewalk
19:18:21 along Laurel street because there is a drainage
19:18:25 conveyance feature that is the city's feature that's
19:18:28 in the right-of-way that prohibited us from being able
19:18:31 to put a sidewalk there.
19:18:33 >> Could you have piped it and created a sidewalk on
19:18:35 top of it?
19:18:37 >>> That's a technical question that at this point --
19:18:39 I mean, that was the city's decision at the time.
19:18:43 We were prepared to do either one.
19:18:45 >> But when Mr. Cohen comes up to talk about
19:18:48 transportation we can find out how many cars are going

19:18:50 to be going.
19:18:52 Maybe they aren't taking that route.
19:18:55 Maybe they are going out a different street.
19:19:13 >>> The transit station is located approximately here,
19:19:34 about 50 yards due west our property line.
19:19:37 There is an opportunity to construct the sidewalk
19:19:38 along this section.
19:19:40 It's within the right-of-way.
19:19:41 It's not something that's in front directly of our
19:19:45 property or our parcel.
19:19:46 But in a couple of discussion was the Hartline folks,
19:19:53 it provides sidewalk access from our property to it.
19:19:58 Some of the challenges with providing the sidewalk in
19:20:00 front of our property I am going to speak to in just a
19:20:02 second.
19:20:04 This is perhaps an exhibit that can describe that.
19:20:31 This is a 3-D image of the project, and looking from
19:20:37 aerial perspective, due southwest at the intersection
19:20:43 of Laurel and O'Brien, one of the challenges that we
19:20:48 face with the project was the jurisdictional wetlands
19:20:51 that exist within our property lines, aside from that
19:20:55 there are jurisdictional wetland mitigation that's

19:20:58 occurred in the right-of-way that was City of Tampa
19:21:02 wetland mitigation for the expansion of the O'Brien
19:21:06 street project that occurred a couple of years ago.
19:21:08 So that City of Tampa wetland mitigation that we can't
19:21:12 impact, or we prefer not to certainly, and then we
19:21:15 have our own jurisdictional wetlands within the site.
19:21:18 So wall see here reflected on the property boundary is
19:21:21 actually that wetland mitigation area, and it runs
19:21:26 essentially throughout halfway back due south from the
19:21:30 corner of the intersection, and also runs due west
19:21:34 along Laurel street that impacts our ability to put a
19:21:38 sidewalk in either one of those locations.
19:21:40 We do have some on-site sidewalk systems and
19:21:43 interconnectivity within the site, and some places
19:21:45 where we can have crosswalk that is can be installed
19:21:47 to connect to sidewalks that are across the street.
19:21:50 And that's part of what our project anticipates doing.
19:22:00 This site plan does not show the details of the
19:22:11 properties across the street but you think I can
19:22:13 describe what exists there.
19:22:15 Particularly since I was the developer of that
19:22:16 adjacent property.

19:22:19 There is a sidewalk that exists throughout this
19:22:23 section of O'Brien street on the east side of O'Brien.
19:22:28 And then beyond that, there is the opportunity for us
19:22:35 to have our sidewalks.
19:22:37 We have multiple internal circulation systems.
19:22:40 We have a sidewalk that's proposed from coming outside
19:22:45 the garage, alongside the garage, connecting to the
19:22:48 pedestrian crossing that comes to the building.
19:22:51 We have also got a pedestrian accessway through this
19:22:55 boardwalk that goes through the wetlands and extends
19:22:57 out to the property line to the north that can be
19:23:00 connected to the sidewalk that leads to the Hartline
19:23:04 transit station as well.
19:23:05 And then we have got an internal sidewalk that
19:23:08 actually comes around the building and goes across due
19:23:11 east, and may in fact cross O'Brian street and connect
19:23:16 to the existing sidewalk on the east side of that
19:23:18 roadway as well.
19:23:25 Some of the challenges that we face with this property
19:23:49 was directly driven by the location configuration and
19:23:56 the scale of the jurisdictional wetlands.
19:23:58 The property, when you look at the property lines

19:24:00 itself, it's a 7.17-acre piece of property.
19:24:06 But by the time you look at the wetlands that consume
19:24:09 the property, you can see where the property
19:24:12 significantly reduced and because of the location of
19:24:14 the wetlands and the geometry of the wetlands it
19:24:17 severely impacts our ability to utilize the remainder.
19:24:21 And as a result, what that led to is an evaluation of
19:24:25 really what where the access points could occur with
19:24:27 the property, and as a result we determined that
19:24:29 there's only one place on O'Brien street that we could
19:24:32 provide particular access or pedestrian access into
19:24:34 the property without impacting the jurisdictional
19:24:37 wetlands that were there.
19:24:38 It also identified a small area along Laurel street
19:24:43 that we could in fact access the property for either
19:24:45 cars or pedestrians, without impacting this wetland as
19:24:49 well.
19:24:50 However, there is a grand oak that's positioned at
19:24:53 this location directly due west of the jurisdictional
19:24:58 wetland.
19:24:59 So in order to avoid that any impacts to that, we have
19:25:02 actually pushed the access as far to the west as we

19:25:06 can to the property.
19:25:07 So given the fact that we have -- we started with
19:25:11 seven acres, reduced down to about five acres, and the
19:25:13 configuration of the wetlands, we end up with really a
19:25:17 lot of restraints to start to drive the site plan,
19:25:22 drive what you can do with it.
19:25:23 Our response to that before looking at others is how
19:25:25 to get circulation through the site.
19:25:28 Vehicular circulation.
19:25:29 By the time we satisfied a 90-foot turning radius as
19:25:34 required by the fire department and dealt with a fixed
19:25:36 point of access without impacting jurisdictional
19:25:38 wetlands on one facility, and another access point
19:25:44 that is as far removed as possible from a grand tree,
19:25:47 we ended up with a configuration that provided for
19:25:50 internal circulation that lass like that.
19:25:53 Then we looked at the setbacks that applied from the
19:25:57 property line for a typical setbacks, and the property
19:26:00 gets further encroached and starts to become even
19:26:02 smaller.
19:26:05 As we looked at the remainder, it really essentially
19:26:08 left us with these areas that are demonstrated on

19:26:10 these cross-hatch marks as being the area that we
19:26:13 could actually utilize replacing buildings, et cetera.
19:26:20 And those particular restraints actually are what in
19:26:23 fact led to this particular site plan configuration
19:26:26 that and the configuration of the buildings, and how
19:26:30 we utilize the site.
19:26:31 And this graphic actually shows the pedestrian
19:26:34 sidewalk coming out from the garage, and along the
19:26:39 parking garage on the east side and also shows the
19:26:43 pedestrian walkway that goes through the wetlands as
19:26:47 an amenity and also shows a sidewalk system that runs
19:26:51 through the center quarter of the project, and goes
19:26:55 across east to O'Brien street.
19:26:57 And that's our pedestrian circulation, the property
19:27:01 and how we can perhaps connect to some of the
19:27:03 facilities that exist, or can exist outside of the
19:27:07 property itself.
19:27:14 One of the mandates that I had for our development
19:27:16 team when we started this project was really to try to
19:27:18 do everything possible to respect and respond to the
19:27:23 existing conditions in the property, particularly
19:27:26 environmental conditions.

19:27:27 We have a piece of property that has an unusual set of
19:27:33 circumstances.
19:27:33 Who would have thought that there was two acre natural
19:27:36 wetland in the heart of Westshore, and there may in
19:27:39 fact be perhaps the last natural wetland that exists
19:27:42 in Westshore.
19:27:43 So one of the mandates that we set out was to preserve
19:27:47 and to enhance that wetland, and to make it an amenity
19:27:50 to the project, and to try to restore it.
19:27:54 And one of the conditions that exists without
19:27:57 jurisdictional wetland today is that because of the
19:28:00 drainage conditions that exist off-site, they serve to
19:28:04 dewater that wetland and to deteriorate the quality of
19:28:08 that wetland.
19:28:08 What we have done is actually worked through with the
19:28:12 Environmental Protection Commission and with SWFWMD, a
19:28:16 concept that they have approved at this point to
19:28:18 actually rehydrate the wetland and reestablish the
19:28:25 periods and remove the evasive species from the
19:28:28 wetland and replant wetland species that will help it
19:28:31 flourish again.
19:28:32 And that's all an integral part of our on-site

19:28:35 stormwater system and drainage system.
19:28:37 So that was one of the mandates that we had in setting
19:28:40 up the developer property.
19:28:41 The other one was try to preserve as much of the
19:28:44 natural vegetation that was on the property and the
19:28:48 existing trees.
19:28:49 And we have got -- we have worked very hard to do so.
19:28:52 And we have impacts of trees that are suggested in the
19:28:56 site plan, but we are required to say we are
19:28:59 mitigating 100% of the trees that are being impacted
19:29:02 back on the site.
19:29:03 With heavily forested site and as wooded as it is to
19:29:07 be able to do that took an exceptional effort on our
19:29:10 part, but we are happy that it worked out that way, so
19:29:13 we can actually utilize those trees to buffer some of
19:29:16 the buildings to try to preserve the canopy that
19:29:19 exists in the property, and to try to remain as an
19:29:22 amenity to the project.
19:29:31 I'll spend a few minutes talking about --
19:29:33 >>GWEN MILLER: Can I interrupt a minute, please?
19:29:35 Is there anyone in the public that wants to speak on
19:29:38 item number 10?

19:29:39 >>LINDA SAUL-SENA: I just want top ask him a question.
19:29:55 Mr. Mueller, when you brought it, you had all these
19:30:00 grand trees, and all these uplands.
19:30:02 We are losing five grand trees.
19:30:04 You're saving a lot but you're taking out much more
19:30:07 than you're saving.
19:30:08 You're going to put things back in a different
19:30:11 caliper.
19:30:12 You're acting like you are being so benevolent.
19:30:16 I have to tell you, nobody said you have got to put
19:30:19 two nine-story buildings and a parking structure in a
19:30:24 heavily, heavily, heavily wooded lot.
19:30:27 When you look at this picture the thing that's so
19:30:30 oppressive is this obviously is the low point and the
19:30:33 green spot in this area of Westshore.
19:30:35 And I think what you are doing, maybe next time you
19:30:41 shouldn't try so hard to cram so much on a site that's
19:30:44 so green.
19:30:49 Just a thought.
19:30:51 You have so many foresters, so many attorneys, so many
19:30:54 land attorneys, you have tried so hard to do this
19:30:56 thing.

19:30:57 Maybe, you know, maybe you shouldn't be trying to do
19:31:01 all this on this given site.
19:31:09 Just a thought.
19:31:12 >>JOHN DINGFELDER: You mentioned five grand trees?
19:31:14 >>> No, removed from the site, 30 inches or more.
19:31:18 >> But are they all grand?
19:31:19 Because I'm looking at the site plan itself and I only
19:31:22 see one circle for grand tree.
19:31:24 >>> No.
19:31:24 A grand tree is 32 inches.
19:31:26 These are 30 inches.
19:31:27 But I say three grand.
19:31:30 I'm just looking.
19:31:31 You look at the tree table.
19:31:32 The total debit is 503.
19:31:35 The total credit is 145.
19:31:42 >>JOHN DINGFELDER: Okay.
19:31:42 >>LINDA SAUL-SENA: I'd like to hear from Mary Daniels
19:31:47 Bryson.
19:31:49 >>> Land Development Coordination.
19:31:50 I have been sworn.
19:31:51 There are basically only two grand trees that are

19:31:53 impacted.
19:31:54 One of them is in declining state. The other one is a
19:31:57 healthy grand tree.
19:31:59 Located at the corner of the building.
19:32:12 >> The other 30s weren't grand?
19:32:15 >>> No.
19:32:16 To be a grand tree you have to maintain 175 points on
19:32:18 the point scale.
19:32:24 >> Louder.
19:32:25 >>> To be considered a grand tree you have to maintain
19:32:27 175 points on the tree scale.
19:32:30 And most of these trees were just shy of that.
19:32:33 They are significant specimen trees, but they are not
19:32:37 grand.
19:32:40 There is one cluster that was the best cluster on the
19:32:44 site that we had looked at, and we had maneuvered the
19:32:46 parking structure every which way we could, and the
19:32:51 functionality of that structure was impacted when we
19:32:54 started squeezing the footprint.
19:32:59 We did get them to mitigate all the trees on-site with
19:33:02 larger caliper trees.
19:33:08 >>JOHN DINGFELDER: Mr. Dingfelder?

19:33:11 >>> Since this is a PD, would it help if you shifted
19:33:15 to the west?
19:33:17 You got 25-foot setbacks on the west.
19:33:22 But could you save that cluster if you shifted to the
19:33:28 west or is it just a spreading that wouldn't really
19:33:30 matter anyway?
19:33:32 >>> The tree canopy did come over considerably.
19:33:35 You have to shift the building a considerable amount
19:33:38 to the west to be able to save that tree.
19:33:41 >> That's what I mean.
19:33:44 Did anybody look at that as a possibility since it is
19:33:46 a PD?
19:33:46 >>GWEN MILLER: Any other questions by council members?
19:33:54 Need to close the public hearing.
19:33:55 >> Move to close.
19:33:56 >>MARTIN SHELBY: I'm sorry, just for the record I just
19:33:58 want to note if petition had any opportunities to make
19:34:02 closing comments in rebuttal.
19:34:11 >>GWEN MILLER: Don't have to rebut it.
19:34:16 >>> We didn't really get to finish our presentation.
19:34:19 >> Save it.
19:34:24 >>> May I just submit the landscaping plan into the

19:34:26 record, please?
19:34:27 >>DAVID MECHANIK: We may be beating a dead horse but
19:34:38 the issue but the sidewalk, this is not a question of
19:34:40 economics.
19:34:41 Under the waiver that Mr. Melner is asking for, we
19:34:45 have to pay for the sidewalk in any case.
19:34:48 There is literally no physical place to put the
19:34:50 sidewalk on the site.
19:34:52 Mr. Mueller would be more than happy to put a
19:34:56 sidewalk.
19:34:57 >> We got that.
19:34:58 >>GWEN MILLER: Motion and second to close.
19:34:59 All in favor of the motion say Aye.
19:35:00 Opposed, Nay.
19:35:08 >>CHARLIE MIRANDA: Watching on television in the next
19:35:13 room.
19:35:13 I move an ordinance removing property in the general
19:35:15 vicinity of 1220 and 1280 north O'Brien street in the
19:35:19 city of Tampa, Florida more particularly described in
19:35:20 section 1 from zoning district specifications M, AP-2,
19:35:25 airport compatibility district to PD planned
19:35:28 development, professional medical office, retail,

19:35:30 hotel, commercial, recreational facility, indoors,
19:35:37 vocational business school, providing an effective
19:35:38 date.
19:35:39 >>GWEN MILLER: There's a motion and second.
19:35:41 >>JOHN DINGFELDER: One second.
19:35:45 You have to clarify that you are going to change the
19:35:48 section 13 to section 31.
19:35:50 >>GWEN MILLER: Yes.
19:35:51 >>JOHN DINGFELDER: That's a typo.
19:35:56 >>CHARLIE MIRANDA: Changing a typo on the plan that
19:35:58 was incorrect.
19:36:01 >> And I want to respond.
19:36:02 Mr. Mueller, I think you did an excellent job in
19:36:05 trying to protect the wetland and mitigate.
19:36:07 So from my standpoint, I think it's an excellent
19:36:09 project and thank you for trying to do what you did to
19:36:12 help the wetlands.
19:36:15 >>GWEN MILLER: We have a motion and second.
19:36:16 All in favor of that motion say Aye.
19:36:18 Opposed, Nay.
19:36:20 >>LINDA SAUL-SENA: Nay.
19:36:24 >>THE CLERK: Motion carried with Saul-Sena voting no.

19:37:36 >>JILL FINNEY: Land Development Coordination.
19:37:38 I have been sworn.
19:37:38 We are here on petition Z-07-66 at 5200 west Tyson
19:37:44 Avenue going from PD planned development with marina
19:37:48 and restaurant and private Yacht Club use to PD
19:37:51 planned development with professional office, marina
19:37:54 and restaurant, and public Yacht Club use.
19:37:57 Petitioner proposes to rezone the property to a PD
19:38:00 district to add office uses to the previously approved
19:38:03 site plan.
19:38:05 This PD petition is requesting the following: 102,352
19:38:12 square feet of warehouse, which is -- 980 square feet
19:38:18 of offices, 8,605 square feet of restaurant clubhouse
19:38:23 use, 48,408 square feet of professional office, 3,424
19:38:29 square feet of service area, and 607 square feet for
19:38:34 park.
19:38:35 Based on the approved PD, this would allow for a total
19:38:39 reduction of use of boat barn use of 31,263 square
19:38:43 feet, an increase of 38,758 square feet of office
19:38:50 uses, plus 84 square feet increase for boat barn
19:38:54 office, an additional 3,380 square feet of restaurant
19:38:58 use, 3,424 square foot increase in service area, and

19:39:05 an increase of 607 square feet for park.
19:39:09 Overall, this would result in an increase of 12,710
19:39:13 square feet of uses above what is currently improved.
19:39:17 The maximum building height is 85 feet, a total of 239
19:39:20 parking spaces are required and 240 spaces are being
19:39:24 provided.
19:39:28 >> What was the height before? Was there a height
19:39:29 change?
19:39:30 >> No.
19:39:31 It's remaining the same.
19:39:36 Here is a zoning map of the area.
19:39:38 As you can see, it's rather industrial in nature.
19:39:47 Here it is.
19:39:50 Westshore.
19:39:52 To the east.
19:39:58 Here's a picture of the site.
19:40:02 This is to the north of the site.
19:40:21 This is across the water.
19:40:26 The city staff finds this to be consistent with the
19:40:36 city codes and regulations.
19:40:38 I do want to mention that there was a previous in lieu
19:40:43 fee for the sidewalks that have been approved on the

19:40:45 prior PD.
19:40:47 The petitioner has agreed to put that in place if it
19:40:53 would be feasible, considerable if there's any piping
19:40:57 that needs to be done they would pay the in lieu fee
19:41:00 but if not feasible they would pay to have those
19:41:03 constructed.
19:41:03 >>LINDA SAUL-SENA: That was my question.
19:41:05 Can we encourage the construction of the sidewalk?
19:41:08 Tyson is going to be a super busy street. This is a
19:41:11 knot club.
19:41:12 There are going to be people walking around.
19:41:14 Can we make a note on the site plan?
19:41:17 >>> There is a note, yes.
19:41:18 >> And there will be a sidewalk?
19:41:20 >>> It says if city staff approves it, if
19:41:23 transportation department does not deem that it needs
19:41:25 to be used for something else, if it can be put there
19:41:28 it will be put there.
19:41:29 >> Can we put in the a more positive way, like there
19:41:31 will be a sidewalk?
19:41:35 >>> I believe there was a question previously.
19:41:41 I will have transportation speak to that.

19:41:47 >>MARTIN SHELBY: I don't know if anybody came in late,
19:42:06 but if you would rather than me asking individually if
19:42:10 people were not sworn.
19:42:11 >>GWEN MILLER: We had quite a few come in late.
19:42:13 Have you been sworn?
19:42:14 Everybody that came in, would you please stand and
19:42:16 raise your right-handed to be sworn, please?
19:42:20 (Oath administered by Clerk).
19:42:30 >>> Brian, transportation, I have been sworn.
19:42:31 As Jill mentioned the developer/petitioner has agreed
19:42:36 to put the notes on the site plan stating that they
19:42:39 will place the sidewalks if the piping is not needed.
19:42:43 If the piping of the ditch is needed, then --
19:42:48 >>JOHN DINGFELDER: Where are you talking about?
19:42:50 >>LINDA SAUL-SENA: It's right down here.
19:42:52 >> No, the street.
19:42:53 >>> Piping the big ditch.
19:42:55 And it's a terrible street.
19:43:00 >>JOHN DINGFELDER: The original plan that I remember
19:43:04 showed them, that this was going to be like virtual
19:43:09 Greenfield development.
19:43:10 And everything wiped out, and everything with the

19:43:15 Boulevard and big circles, and the whole thing.
19:43:25 >>LINDA SAUL-SENA: Excuse me.
19:43:27 There was an overall site plan that we were shown, and
19:43:31 then it started to be chopped up into little pieces.
19:43:34 >>JOHN DINGFELDER: I thought you were talking about --
19:43:40 >>GWEN MILLER: All right.
19:43:40 Planning Commission.
19:43:46 >>JOHN DINGFELDER: There was a sidewalk issue on this
19:43:48 one.
19:43:49 >>LINDA SAUL-SENA: I think we should mandate this.
19:43:51 I think it should not be -- I think we should say that
19:43:56 they are going to build a sidewalk, and if they have
19:43:58 to deal with the ditch, they deal with the ditch.
19:44:00 >>JOHN DINGFELDER: Tony, refresh our memory about what
19:44:03 is happening beyond this project up Tyson further up
19:44:08 the peninsula.
19:44:10 >>> All these parcels have not been designated this
19:44:12 color CMU 35 with the exception of a couple of --
19:44:15 >> Has now been?
19:44:16 They are now been?
19:44:17 >>> You all have adopted them.
19:44:18 This is an old dated map.

19:44:21 We only change these quarterly.
19:44:24 I have a dated map.
19:44:24 If that's okay I can basically -- why I am here to S
19:44:28 to refresh you as to what transpired over here.
19:44:31 This up here is the New Port development, right here.
19:44:34 This is the Westshore yacht and country club, which is
19:44:37 WCI industries.
19:44:39 Then of course this was the first plan amendment they
19:44:41 kind of kicked everything off as far as redevelopment
19:44:43 about six or seven years ago, and started this.
19:44:46 This basically is the dockuminiums.
19:45:00 They are coming in now.
19:45:01 They are basically allowing for some more offers on
19:45:05 the site.
19:45:05 That's basically the crux of what they are doing as
19:45:08 far as coming in for rezoning, substantial change
19:45:11 which is why they had to come back in but basically
19:45:13 it's for an office component which is going to be
19:45:16 above in this section of this particular site.
19:45:18 >>JOHN DINGFELDER: My point is we have residential in
19:45:20 the pink, and WCI.
19:45:23 >>> You will have residential over here. This is

19:45:25 single family detached, pretty much over here, and you
19:45:27 have a high-rise.
19:45:28 >> And we have already been told that mixed use
19:45:30 development further out the peninsula is going to be
19:45:33 mixed use including residential.
19:45:35 >>> I would guesstimate -- your not going to see
19:45:38 probably anything happen, I would think for a time,
19:45:41 where you recall there is some negotiated agreement
19:45:43 that over a period of time because there are still
19:45:45 some uses over here, like the chemical formulas which
19:45:48 are still there was not part of the amendment, it was
19:45:51 just -- most of them are there.
19:45:53 You have seven applicants that came in and most of
19:45:55 this point is CMU 35 with the exception, I think, of
19:45:59 the tank farm over here.
19:46:02 And then of course the chemical formulas, and
19:46:06 basically lease that property from realty company that
19:46:08 owns that parcel.
19:46:09 But you do have policies in the comprehensive plan
19:46:12 that basically show that basically the yacht company
19:46:18 that's over here has already left and they are not
19:46:21 there.

19:46:22 The marina, there are just some light uses going on
19:46:25 there.
19:46:25 But the Sierra, I go fishing down there.
19:46:31 I see the activity.
19:46:32 When I come out down over here I can pretty much see
19:46:35 that there's not really a lot going on.
19:46:37 You still have the Army reserve point that's over
19:46:39 there close --
19:46:43 >> And a lot of residential on this site of the
19:46:45 development.
19:46:45 >> I would say within the next five to seven years,
19:46:47 five to ten years you are going to -- you might see
19:46:50 some hotels.
19:46:51 You might see some restaurants.
19:46:52 It's a great Avenue for that.
19:46:54 CMU 35 allows for CG, allows for residential, 1.5
19:47:00 F.A.R.
19:47:00 There's a variety of things that can be done over
19:47:02 here.
19:47:04 So, yeah, there's quite a few things.
19:47:06 But again that will be under the scrutiny of course of
19:47:08 this council and future councils to come because we

19:47:11 are talking about maybe in the next five to seven
19:47:13 years before you really see anything from a
19:47:15 significant zoning aspect.
19:47:16 I would guesstimate.
19:47:17 You never really know what's going to come down the
19:47:20 pike, since you have already approved the plan
19:47:22 amendment for it.
19:47:22 >>LINDA SAUL-SENA: Cathy?
19:47:26 Cathy?
19:47:27 Cathy?
19:47:29 This is a really important staff question.
19:47:33 This proposed rezoning is for a pretty intense use.
19:47:36 The city has a completely inadequate street.
19:47:40 I don't know if you all have been down the street.
19:47:42 There's sand spurs, there's no sidewalk.
19:47:45 How can we consider allowing a private entity to make
19:47:51 a significant investment where the public
19:47:54 infrastructure is so completely inadequate?
19:47:56 And since the sidewalk is part of the infrastructure
19:47:58 and he's requesting this can't we say we don't care
19:48:02 what it takes, you all have to build a decent sidewalk
19:48:04 on the property?

19:48:07 >>JOHN DINGFELDER: A sidewalk is required.
19:48:08 >> Well, it is, only they have this gobblydegook
19:48:11 language of piping, they won't pick up the tab.
19:48:13 And I'm saying it's necessary.
19:48:15 But I think what we need is to say we need to have a
19:48:21 plan for what the quality of Tyson should be, and each
19:48:27 of these private property owners as they come in on
19:48:29 the north and south side of the street provide the
19:48:31 adequate, you know, sidewalks on their property.
19:48:35 And we as a city provide a decent street.
19:48:38 >>CATHERINE COYLE: Land development.
19:48:39 I have been going to be brief in my answer and
19:48:41 actually defer to legal counsel on this.
19:48:43 The last PD rezoning, the determination was made on
19:48:47 that plan and noted on the plan that what it was
19:48:51 impractical to place the sidewalk on this property.
19:48:54 It is not aware of code.
19:48:56 There are two different entities that can make that
19:48:57 determination.
19:48:59 Either City Council through a special use 2 or partial
19:49:04 rezoning can determine that it is impractical to place
19:49:06 a sidewalk adjacent to a property as required by code.

19:49:09 The other entity that can make that determination to
19:49:11 the permitting process is the transportation manager.
19:49:15 The petitioner came before you in the previous PD,
19:49:17 rezoning, and essentially requested -- there was a
19:49:21 discussion within the transcript of how that came
19:49:24 about, but in the end, council approved it finding it
19:49:27 was impractical to place the sidewalk.
19:49:29 Since then on this rezoning, transportation department
19:49:33 did, division did negotiate with the petitioner, and
19:49:36 work out this condition that potentially -- I'm not
19:49:41 sure which note it is on the plan.
19:49:44 >>JOHN DINGFELDER: I just need to see which condition
19:49:46 we are talking about.
19:49:53 >> Is it impossible or expensive and the petitioner
19:50:02 isn't going to pick up the tab to deal with the
19:50:07 inadequate drainage and put the sidewalk there?
19:50:10 Because the drainage needs piping.
19:50:11 It's the same situation that we have on the previous
19:50:13 petition where it costs more money and you have to
19:50:16 deal with the drainage.
19:50:19 As we become more urban we are going to have to take
19:50:21 our old lazy -- somebody is going to have to pick up

19:50:27 the tab and maybe we need our petition --
19:50:32 comprehensive plan needs to be the petitioner because
19:50:33 we are not going to get it done, we are going to have
19:50:35 people walking in drainage ditches.
19:50:37 >>> I am not a stormwater engineer.
19:50:39 I can say that the term practical, when you deal with
19:50:43 engineering issues, it is not always practical to pipe
19:50:46 a ditch.
19:50:48 It very much depends on the topography of the area,
19:50:51 the drainage of the area.
19:50:52 We do have stormwater engineer present in case you
19:50:55 have any questions regarding that.
19:50:56 >>JOHN DINGFELDER: Sometimes you can boardwalk over.
19:51:03 >>LINDA SAUL-SENA: We need to say --
19:51:05 >>> It boardwalk doesn't meet ADA compliance.
19:51:13 I don't know if you can waive ADA complains.
19:51:21 >> You can build a boardwalk sidewalk.
19:51:23 It's on Platt Street.
19:51:25 Boardwalk right around the tree.
19:51:27 And they boardwalk it.
19:51:29 So if the city did it why can't the developer do that?
19:51:34 >>> I can't answer that. The petitioner does have a

19:51:35 presentation regarding the sidewalk issue.
19:51:37 >>GWEN MILLER: Let's hear from petitioner.
19:51:39 Petitioner?
19:51:41 >>LINDA SAUL-SENA: When we talk about the
19:51:42 comprehensive plan and we talk about the quality
19:51:44 standards we want in this city we need to look at this
19:51:47 issue.
19:51:48 We see at lot.
19:51:55 >>GWEN MILLER: Petitioner?
19:51:56 >>> Good evening.
19:51:57 Kristin Tolbert, law firm of Bricklemyer, Smolker and
19:52:02 Boles, and I have been sworn.
19:52:06 This is as staff indicated a project that was approved
19:52:10 on February 8th of this year for a private Yacht
19:52:12 Club and what we are proposing here today is to
19:52:14 downsize the boat barn, pull that back and add an
19:52:18 office component, about 48,000 square feet of office.
19:52:24 There are -- there's the vehicular use area that I
19:52:29 will go ahead and address the sidewalk since I know
19:52:31 that's an issue that council is concerned about.
19:52:33 The previous approval approved in lieu fees because of
19:52:37 the concern, there's a very large drainage ditch along

19:52:41 Tyson Avenue.
19:52:42 Also this council considers when they look at the CMU
19:52:45 35 changes for the Rattlesnake Point, one of the
19:52:48 things that was looked at, a study was done by tinder
19:52:52 Oliver and plans that were made for Tyson Avenue as
19:52:56 water snake point redevelops A.redevelopment of that
19:52:58 area is going to happen, and there's a large railroad
19:53:01 down there now, a rails to trail type of thing and a
19:53:06 redevelopment of Tyson Avenue.
19:53:07 Part of the idea behind the pay in lieu fee is we
19:53:10 actually have to pay more if we pay in lieu than it
19:53:12 would cost to build the sidewalk, so the rationale
19:53:15 behind it was rather than build a sidewalk now that
19:53:18 will only serve a private Yacht Club which actually
19:53:22 isn't going to have any visitors, it's open to the
19:53:27 public, it's only going to be the private Yacht Club
19:53:29 and then the office that most people will be driving
19:53:32 to.
19:53:32 The concept behind it is that you would pay in lieu
19:53:35 and the city would then have those funds to do it all
19:53:39 at once when they redevelop Tyson Avenue, instead of
19:53:42 doing it piecemeal and then everything it turn out and

19:53:45 the city has to pay when they make all their changes.
19:53:48 The idea behind this change is if we can build the
19:53:50 sidewalk without disturbing the ditch area then the
19:53:53 sidewalk could be maintained and wouldn't have to be
19:53:56 changed when we go and make all those changes to Tyson
19:53:58 Avenue, whereas if we have to go and make changes in
19:54:02 the ditch area it may be something that has to be
19:54:05 changed completely when it goes to Tyson Avenue and
19:54:07 that just ends up being more cost to the city in the
19:54:10 long run N.that situation we prefer to pay in lieu
19:54:13 since the money has the money to develop it altogether
19:54:15 at once.
19:54:17 We think the note was actually proposed by
19:54:20 transportation staff and we think adequately addressed
19:54:22 those issues and makes the best situation for the
19:54:24 city, where if we came to the sidewalk now and it's
19:54:27 something that will last, then that's something that
19:54:29 we are more than willing to do and if not we are
19:54:32 willing to pay more in lieu to serve the city in the
19:54:34 long run.
19:54:37 There's also a small change in the vehicular use area,
19:54:39 open space.

19:54:40 The previous site plan approved a 17.8% as opposed to
19:54:44 20% approved in the code, or required by the code.
19:54:51 16.3%.
19:54:53 Staff has indicated that they support that, because
19:54:56 it's actually going to be about 5,000 square feet more
19:54:59 of open space because of the way the calculations are
19:55:01 made.
19:55:05 As you can see, on the -- even though our 17.8% was
19:55:15 8,000 approximately square feet of vehicular use open
19:55:18 space, with our 16.3%, we are now providing over
19:55:22 13,000 square feet of open space.
19:55:24 So it's a little bigger waiver but actually a lot more
19:55:27 open space on the site.
19:55:30 Also, your staff indicated in the staff report that
19:55:33 this is going to be a great project.
19:55:35 It's very interesting architectural project, and it's
19:55:37 probably going to be a good benefit for the area.
19:55:39 It will be compatible with the uses that are down
19:55:41 there now, which is still some heavy industrial uses
19:55:44 and it's going to be transitioning, and this will also
19:55:46 ab project that will be compatible with the
19:55:48 residential as that starts to come out of Rattlesnake

19:55:50 Point.
19:55:51 We think it's going to be a great benefit for the
19:55:53 Rattlesnake Point area and for Tampa in general.
19:55:56 And we have some color renderings to pass out.
19:56:04 With that, if you have any questions I am be happy to
19:56:06 answer them.
19:56:07 >>LINDA SAUL-SENA: (off microphone) how many acres is
19:56:10 your site?
19:56:12 >>> It's approximately 7 acres.
19:56:13 >> Is there any public access to the water?
19:56:15 >>> There is not.
19:56:17 There is increased public access in that there's going
19:56:19 to be more opportunities for people to boat and to
19:56:23 come --
19:56:24 >> But you have to be a member of the club?
19:56:25 >>> That's correct.
19:56:26 >> So it's seven acres.
19:56:27 Is it walled?
19:56:28 Is it gated?
19:56:31 >>> I am not sure.
19:56:32 I don't believe it's going to be walled.
19:56:34 You have to show that.

19:56:35 But I don't believe there's any gates either.
19:56:38 It will be a private club.
19:56:39 Obviously the office, people would come and go to the
19:56:42 office that work there.
19:56:43 It's going to be a private property.
19:56:45 But it does provide for boaters to access the water.
19:56:50 >> Regular boaters can come, people who don't own
19:56:52 slips there?
19:56:53 >>> No.
19:56:54 Only people who own slips.
19:56:55 And that's what's currently approved in the project
19:57:00 itself.
19:57:01 >>GWEN MILLER: Other questions by council members?
19:57:02 Southbound there anyone in the public that wants ton
19:57:04 speak on item number 11?
19:57:06 You may come up and speak, sir.
19:57:15 >>> Good evening, ladies and gentlemen.
19:57:17 My name is Roy Johnson.
19:57:19 I'm a lifetime Johnson of what used to be rattlesnake,
19:57:23 Florida, many moons ago, to give you a little idea how
19:57:25 long I have been around this area.
19:57:28 I'm not opposed to the development for this -- that is

19:57:31 going on in the general area of Westshore and Gandy
19:57:36 Boulevard, including Tyson.
19:57:38 But rather than being concerned about sidewalks, which
19:57:45 are of course of importance, we have several other
19:57:47 issues that, in my opinion, are much more important.
19:57:54 And so I bow just simply like to point a few of them
19:57:58 out.
19:58:00 We have a tremendous traffic problem on Westshore
19:58:05 Boulevard.
19:58:05 If any of you have ever come through, the traffic is
19:58:09 backed up from Gandy Boulevard at that stoplight,
19:58:19 Gandy and Westshore, to Pearl Avenue which is
19:58:21 approximately a half a mile.
19:58:22 I noticed the other morning, an elderly lady that
19:58:27 lives in back of me got very sick very quickly, and
19:58:30 she had to call fire rescue to come and get her.
19:58:34 It took them a little while to get through that
19:58:36 morning traffic to get to her.
19:58:39 All of these situations, schools, electricity, I even
19:58:47 noticed electrical voltage drops in the afternoon,
19:58:49 people start cooking.
19:58:52 Air conditioning comes on.

19:58:57 Our water supply, right now they are putting a main
19:58:59 down Pearl Avenue just as fast as they can to get an
19:59:03 adequate water supply into our area.
19:59:06 And sewage, they have just recently, when they
19:59:14 resurface Westshore and widened it slightly, they
19:59:18 didn't increase it to a four-lane road like what we
19:59:21 really needed.
19:59:22 They only increased it to a very wide two-lane road
19:59:25 with a turning area.
19:59:28 We have heavy gasoline trucks, 12, 15,000-gallons, and
19:59:33 each one of those carriers coming out of Port Tampa.
19:59:37 And they are coming down.
19:59:41 We have got people that are going through
19:59:43 intersections on what we commonly call the suicide
19:59:46 lane.
19:59:47 And there's a good reason for calling it that.
19:59:53 We have a high pressure jet fuel line that runs from
19:59:55 Port Tampa docks all the way up to the international
20:00:00 airport.
20:00:03 We have terrible drainage in this area.
20:00:06 This needs to be addressed.
20:00:07 And I can guarantee you, if you go out after heavy

20:00:11 rain, you don't have to ab hydrologist.
20:00:13 You can readily understand what the problem is.
20:00:16 What we need are some lift stations or at least one.
20:00:22 And these are the issues that I feel need to be
20:00:25 addressed before we allow more development to come
20:00:29 into that area.
20:00:30 We are saturated with development.
20:00:34 We have very large, I think, 12 to 15-story
20:00:39 condominium that's coming in.
20:00:42 It's on the waterfront.
20:00:44 The property abuts about four or five streets from
20:00:52 LELA Avenue going south.
20:00:53 We have a large set of apartments.
20:01:03 >>GWEN MILLER: Your time is up.
20:01:05 You need to wrap up.
20:01:06 >>> I'll try to, yes, ma'am.
20:01:07 But these are things you need to consider before
20:01:09 allowing more development, because more development is
20:01:11 not going to be pleasant for the people who are -- and
20:01:15 it's not going to be pleasant for the people who come
20:01:17 to live there.
20:01:18 And I'm afraid that they are going to look to the City

20:01:21 of Tampa council and say, why wasn't something done
20:01:23 about this before this development was allowed to
20:01:28 proceed?
20:01:29 Thank you very much for your time.
20:01:30 >>GWEN MILLER: Thank you.
20:01:30 Would anyone else like to speak?
20:01:32 >>LINDA SAUL-SENA: I have a question for our
20:01:35 transportation people.
20:01:36 Remember the ten Dell Oliver study that looked at
20:01:39 Westshore and Gandy?
20:01:40 Didn't it say that we are completely planned?
20:01:48 >>> Brian agenda gentry, transportation.
20:01:50 I do not remember the study.
20:01:52 >> It also said because we are a transportation --
20:01:59 can't say anything about it but I think it's
20:02:01 legitimate.
20:02:02 Do you remember the Tyndall Oliver study?
20:02:15 >>> It's on the Internet if you would like to look at
20:02:18 it, too. And we have challenges in the area, you're
20:02:21 right.
20:02:24 It seems as though this property was a property that
20:02:28 had been approved previous, and they didn't really

20:02:33 change much between them.
20:02:34 So it's a boat barn, eights private property, so -- I
20:02:44 understand there is issues there, yeah.
20:02:46 >> Why did you all not object to this?
20:02:50 >> Melanie Calloway: Because the --
20:02:56 >> Brian Gentry, transportation.
20:03:00 >> I'm sorry, I didn't mean that.
20:03:02 >>> That's fine.
20:03:03 Actually, every site plan that I have commented on
20:03:06 with this petition Z 07-66 as well as Z 07-62, the
20:03:14 previous one approved, he have single comment that I
20:03:16 sent out either found an objection before we changed
20:03:20 it to consistent, inconsistent, and then inconsistent
20:03:23 as late as August 2nd.
20:03:27 It was my only comment that I found it inconsistent,
20:03:31 we desired the sidewalk, we made that known last
20:03:38 rezoning, and --
20:03:43 >>LINDA SAUL-SENA: Then I have a question for staff,
20:03:45 not you but the people who put this form together.
20:03:47 Under this little form here, this little checklist, I
20:03:50 mean, so much effort goes into creating this.
20:03:54 This says consistent, or consistent under

20:03:58 transportation.
20:04:00 Why is consistent marked okay?
20:04:02 >>> Melanie Calloway, transaction. That was marked
20:04:04 inconsistent with sidewalk because we had -- till we
20:04:07 had worked out the issue with you the sidewalk.
20:04:09 The sidewalk ordinance that said ditch located there.
20:04:14 Petitioner made it clear to me he would provide a
20:04:17 sidewalk if it's not interfering with the ditch.
20:04:19 At this time, with this site plan, I cannot tell you
20:04:22 if the ditch will interfere.
20:04:24 I think that it will not interfere with it.
20:04:26 Looking at it going out there, looking at it, I feel
20:04:28 it will not.
20:04:29 However, I need a cross section of the roadway to be
20:04:32 able to determine that.
20:04:33 >> But don't you think that Tyson itself is slammed
20:04:36 and the street that it empties out to, Westshore, is
20:04:40 slammed?
20:04:40 Don't you think this is going to, you know, make our
20:04:43 situation which is bad worse?
20:04:45 >> The existing uses which is current is the private
20:04:49 Yacht Club.

20:04:49 There is a rattlesnake fish restaurant there.
20:04:51 The increase in traffic is very minimal.
20:04:55 >>JOHN DINGFELDER: Let me ask one more question.
20:05:01 If it's determined it's impractical to build that
20:05:05 because of the ditch, okay, then I know there have
20:05:11 been circumstances where like if there's tree in the
20:05:17 right-of-way then the developer build a sidewalk on
20:05:19 their own property, they come onto their own property
20:05:22 and enter into agreements with the city,
20:05:25 indemnification agreements or what have you, why isn't
20:05:28 that one of the options here?
20:05:30 Or could that be one of the options here in addition
20:05:33 to the option that you set?
20:05:35 The best thing is build a sidewalk, you know, if
20:05:38 nobody wants my boardwalk idea, that's okay.
20:05:40 But why not come into the property owner's property
20:05:45 five feet, and build the sidewalk five feet into the
20:05:48 property?
20:05:51 >>> I understand what you are saying and usually we do
20:05:52 like the sidewalk in the right-of-way adjacent to the
20:05:54 property line.
20:05:55 >> But there are exceptions.

20:05:56 >>> The petitioner, if they are comfortable with that,
20:06:00 I think --
20:06:01 >> Because I would be very comfortable with that.
20:06:09 >>> Kristin Talbot for the applicant.
20:06:11 We would have to have a landscape plan and change the
20:06:14 amount that we are providing along Tyson Avenue.
20:06:23 >> Well, you have got to make some adjustments by
20:06:25 didn't know they need to be site plan adjustments but
20:06:27 I think if you just modify this slightly more to say,
20:06:32 you know, step 3, if you build on the property owner's
20:06:38 property, with the appropriate adjustments in a site
20:06:41 plan at that point, then let's approve it and be done
20:06:46 it with and go home.
20:06:50 >>> Keith Bricklemyer, also with Bricklemyer Smolker
20:07:00 and bowls.
20:07:02 Council determined that it made more sense to take the
20:07:04 money and figure out what was going to happen in the
20:07:06 future.
20:07:08 We had told you tonight that we will put the sidewalk
20:07:11 in, if it is reasonably practical to do that, we will
20:07:16 put the sidewalk in.
20:07:17 We have no objection to putting the sidewalk in.

20:07:18 It is silly to me to throw money on the ground and
20:07:21 then tear it up down the road.
20:07:26 >> That's not what we are saying to you.
20:07:27 >>> No, you are saying but it on the property if it's
20:07:30 reasonably practical to do it.
20:07:32 That's basically what's in the code and what's in the
20:07:34 condition.
20:07:37 We can tie it to the ditch.
20:07:38 We can tie it to the standard that's in the code which
20:07:39 is whether or not it's practical.
20:07:41 The only impracticalities that may occur are moving
20:07:47 lift stations, moving all the structure that currently
20:07:50 is designed and in the ground to serve the site, and
20:07:52 if we have to do that, that's not practical.
20:07:55 >> Only speak to putting it on your property because
20:07:57 that's an unusual request.
20:07:59 You just said you're good with it so let's just do it.
20:08:01 >>> Right.
20:08:02 I agree that's an appropriate condition, if it's
20:08:05 practical to do it, we will put it on our property.
20:08:08 It may require changing the landscaping plan.
20:08:11 >>GWEN MILLER: Let me hear from Mary.

20:08:15 >> We can put that NOW note on between now and second
20:08:17 reading.
20:08:19 >>> Mary Daniels Bryson, I have been sworn.
20:08:22 That will require additional waivers because the
20:08:25 buffer -- it will be reduced.
20:08:32 >>JOHN DINGFELDER: You said something to me and I
20:08:33 couldn't hear what you were saying.
20:08:35 >>> They require an 8-foot landscape buffer adjacent
20:08:37 to Tyson, they would have to reduce that and increase
20:08:40 their green space in lieu of waiver request.
20:08:45 >> Which we can do today.
20:08:47 >>> Well, yes.
20:08:48 They have to change the plan between first and second
20:08:50 reading.
20:08:50 >>LINDA SAUL-SENA: Yes, we can do that.
20:08:53 >>JOHN DINGFELDER: Let's get top "yes."
20:09:00 >>MARY MULHERN: I just wanted to point out, I think
20:09:02 Mr. Bricklemyer started to say that I don't know what
20:09:06 we are arguing about, or what you're arguing about.
20:09:09 I agree with what you said, Linda, and with the
20:09:13 gentleman that talked about living in this
20:09:16 neighborhood, and not having the infrastructure to

20:09:19 handle especially traffic.
20:09:23 But you have already approved it.
20:09:24 The last council approved this, and they are just
20:09:26 asking for a different usage.
20:09:29 There's in a more density.
20:09:31 >>JOHN DINGFELDER: No, they have a change of use.
20:09:34 They are adding 30,000 additional feet of office use.
20:09:39 Adding 3,000 additional feet of restaurant use.
20:09:41 >>MARY MULHERN: Okay.
20:09:43 >>JOHN DINGFELDER: So in my opinion that gives
20:09:45 everybody the opportunity to revisit the sidewalk
20:09:47 request.
20:09:48 Let's be creative to put the sidewalk in there because
20:09:51 what Tony showed us earlier is you are going to have
20:09:54 thousands units at Rattlesnake Point and already have
20:09:58 probably at least 8,000 units at WCI.
20:10:01 Those folks are going to need a sidewalk, and let's be
20:10:04 creative.
20:10:08 >>> I wasn't talking about sidewalks.
20:10:10 Sidewalks are great.
20:10:10 We need a sidewalk.
20:10:11 I think it sounds like you reached an agreement on

20:10:14 that.
20:10:14 But, you know, the bigger question with all this
20:10:17 development in this area is the traffic and the lack
20:10:20 of infrastructure.
20:10:28 >>> Could I speak to that?
20:10:28 It's a very valid point.
20:10:30 Everybody who owns land and is going to develop land
20:10:33 around Rattlesnake Point knows that.
20:10:35 What they came back and said, here are some potential
20:10:39 solutions, anticipating development, either under the
20:10:42 current industrial plan category, or the CMU 35, which
20:10:48 for the traffic that would occur.
20:10:49 Here are the things that need to be done. The
20:10:51 conditions of the CMU 35 plan amendment that has now
20:10:55 been adopted for the lands, not this property but the
20:10:57 other properties on Rattlesnake Point, eliminates the
20:11:01 concurrency exemption area.
20:11:05 It requires the developers in these parcels to
20:11:08 mitigate their traffic impacts consistent with
20:11:11 concurrency.
20:11:12 It's a whole new ballgame.
20:11:14 When that area starts to redevelop for the kinds of

20:11:16 uses that CMU 35 bow would allow.
20:11:19 It's been anticipated.
20:11:20 >> But your zoning isn't included in that or it is?
20:11:24 >> This property is still zoned industrial, or comp
20:11:27 plan industrial was not included in the CMU 35.
20:11:29 But the majority of the property on Rattlesnake Point
20:11:32 was in the CMU 35 and will be redeveloped over time.
20:11:40 >> The bug question is, the kinder Oliver plant, but
20:11:49 now what?
20:11:50 We are not there yet and I am not going to support
20:11:51 this petition.
20:11:52 They are going from 9,000 square feet of office space
20:11:55 to 102,000 square feet -- wait, that's warehouse.
20:12:03 48,000 square feet of professional office as opposed
20:12:05 to -- it's an increase in intensity.
20:12:09 And we are not compelled to support it.
20:12:12 There are five waivers that they are requiring.
20:12:15 And we don't have to go it with.
20:12:17 So move to close the public hearing.
20:12:23 >>> Second.
20:12:23 >>MARTIN SHELBY: Council, I'm sorry.
20:12:27 Before the vote, I'm sorry.

20:12:29 If you wish to discuss the language, if council
20:12:35 contemplates having something done to the site plan
20:12:38 between first and second reading, I believe it's
20:12:40 required, and Ms. Coyle is here to remind council, I'm
20:12:44 sure, to remind me especially, the specificity that's
20:12:47 required for direction to come back for second
20:12:49 reading.
20:12:50 Is that correct, Ms. Coyle?
20:12:52 >> Yes.
20:12:52 If I could, also, I would like Ms. Finney to clarify
20:12:57 for the record exactly what is being added from the
20:12:59 last PD.
20:13:00 I believe a couple of the council members
20:13:02 misunderstood the square footages that have been added
20:13:05 versus what was previously done.
20:13:07 It is a minimal amount of square feet that is being
20:13:10 added.
20:13:11 Not the 102,000 that you mentioned.
20:13:13 >> It's 9,000 square feet of office, up to 48,000.
20:13:19 That's 40,000 more feet of office space.
20:13:24 >> 38,000.
20:13:25 >>CATHERINE COYLE: However, overall on the site it's

20:13:29 only an increase of 12,000 square feet of usage.
20:13:33 On the site.
20:13:33 Because they are minimizing some uses.
20:13:36 And increasing others.
20:13:39 >> But isn't office more intense than --
20:13:43 >>> Yes.
20:13:45 But just for the record it's not 30,000 square feet
20:13:48 that's being increased.
20:13:49 It's 12,000.
20:13:50 >>JOHN DINGFELDER: I thought I read it off the bottom
20:13:54 of your thing.
20:13:55 It says increase of 38,758 square feet of office use.
20:13:59 >> Yes, of office use specifically but I was saying
20:14:02 overall.
20:14:02 It's not 30,000.
20:14:04 I believe you had said it's going to have an increase
20:14:06 of 30,000 square feet.
20:14:08 >> I'm confused.
20:14:10 That's what I was clarifying.
20:14:11 38,000 square feet of office use additional.
20:14:14 I'm just reading off your notes.
20:14:16 33,000 square feet of additional restaurant.

20:14:18 >>MARY MULHERN: Jill, is that the only thing that's
20:14:22 being reduced is the boat storage?
20:14:24 The boat slips?
20:14:27 >>JILL FINNEY: Do you want me to go through each item
20:14:30 again and read it?
20:14:31 >>GWEN MILLER: We have got to have it.
20:14:36 >>> There is a table on the site plan.
20:14:37 >>GWEN MILLER: Need now to close the public hearing.
20:14:40 >>JOHN DINGFELDER: Let me just say something before we
20:14:43 close.
20:14:43 Linda, I hear what you're saying and I think you
20:14:46 totally have a right to vote against it if you think
20:14:48 that we should be doing something with transportation.
20:14:50 But, frankly, there's nothing at this point, with this
20:14:54 small little development in the big picture, it's a
20:14:57 small development, and small changes to a relatively
20:14:59 small development, there's nothing that we could
20:15:02 expect them to do to be changing Tyson, changing
20:15:06 Westshore, any of those big changes that need to
20:15:08 happen in this area.
20:15:10 It's one of the few times we have ever agreed, so mark
20:15:13 it down in your calendar, Keith.

20:15:16 But I agree with you completely.
20:15:17 There's big changes that might happen down the road
20:15:20 will come when those other big projects come along.
20:15:27 Underline that.
20:15:28 So I can support this project but I do think that we
20:15:30 should be creative on the sidewalk option, to let it
20:15:33 go up into their property, because they are in
20:15:36 agreement with that.
20:15:37 I'm not sure we can do it between first and second
20:15:39 reading.
20:15:39 I would just suggest maybe we continue it to a morning
20:15:42 meeting, let you guys work it out the best way it can
20:15:46 be and come back in a morning meeting for first
20:15:49 reading.
20:15:51 >>> It's going to be a waiver.
20:15:52 >> It might involve additional waivers or it might be
20:15:54 like a second option with waivers.
20:15:58 I just tell you all to be creative on it.
20:16:02 >>LINDA SAUL-SENA: If it goes on private property then
20:16:04 to allow the reduction in that percentage of green
20:16:07 space.
20:16:10 >>> Donna Wysong, legal department.

20:16:11 I have staff huddling in the back trying to come up
20:16:14 with the exact language they want on that note.
20:16:16 >>JOHN DINGFELDER: I'm saying don't waste our time
20:16:19 tonight, because you only have to doo Do it if you are
20:16:22 going to do the first and second reading.
20:16:24 Unless there's a huge hurry, we can just come back,
20:16:26 you know, in a week or two for additional first
20:16:28 reading.
20:16:30 >>> You want to continue it then?
20:16:32 >> Yes.
20:16:33 >>> Okay.
20:16:40 >>> I can actually state it.
20:16:43 >>CATHERINE COYLE: Land development.
20:16:44 I just looked at the site plan.
20:16:45 Mary Daniel Bryson.
20:16:47 It appears the trees along the right-of-way were going
20:16:49 to be transplanted anyway so it won't impact the tree
20:16:52 table per se.
20:16:54 Sidewalk, everyone a place on the property would be
20:16:56 five feet, for the length of the property.
20:16:59 So we could state it broadly enough to say that that
20:17:02 5-foot width for the length of the property, that area

20:17:05 calculation would be the reduction in green space
20:17:09 being added to the waiver note for the reduction in
20:17:11 green space.
20:17:12 And then we can modify the language and the sidewalk
20:17:15 provision saying that whatever is practical, either on
20:17:19 property or within the right-of-way, with said
20:17:21 transportation easement for public access.
20:17:26 >>GWEN MILLER: Do we have to wait for second reading?
20:17:28 Can we have first reading tonight?
20:17:30 >>> Yes.
20:17:31 >>GWEN MILLER: So we need to close the public hearing.
20:17:33 >> So moved.
20:17:33 >> Second.
20:17:33 (Motion carried)
20:17:38 >>JOHN DINGFELDER: Move an ordinance rezoning property
20:17:39 in the general vicinity ever 5200 west Tyson Avenue in
20:17:42 the city of Tampa, Florida more described in section 1
20:17:45 from PD planned development marina, private Yacht Club
20:17:49 to PD planned development, professional office, marina
20:17:52 and restaurant, private Yacht Club, providing an
20:17:53 effective date, and including the modifications that
20:17:58 Cathy Coyle just put on the record.

20:17:59 >>GWEN MILLER: We have a second.
20:18:01 Question, Ms. Saul-Sena.
20:18:04 >> John Dingfelder, you craft add really eloquent
20:18:07 compromise but I decided I feel badly about approving
20:18:09 New Port.
20:18:10 I feel badly about approving WCI.
20:18:13 And starting today forward I am not going to approve
20:18:15 any more density in this area till we address the
20:18:19 transportation issue.
20:18:20 The reason, I don't believe in the proposal that's
20:18:23 coming up in January, the hometown democracy, that the
20:18:26 reason it's coming up is because citizens are sick and
20:18:30 tired government never saying no.
20:18:32 And I think the hometown democracy is wrong and a
20:18:36 way-over response but the gentleman that came up here
20:18:38 to speak for the traffic backup represents hundreds of
20:18:42 other people who feel this way.
20:18:43 And we cannot continue to overload a transportation
20:18:46 system that's completely inadequate.
20:18:50 That's why I am not going to support this.
20:18:52 >>GWEN MILLER: Motion and second.
20:18:53 >>THE CLERK: Motion carried with Saul-Sena and Mulhern

20:18:57 voting no.
20:18:58 >>GWEN MILLER: Is there anything else to come before
20:19:00 council?
20:19:02 Receive and file.
20:19:06 >> So moved.
20:19:07 >> Second.
20:19:07 (Motion carried)
20:19:09 >>GWEN MILLER: We stand adjourned.
20:19:56 (City Council meeting adjourned at 8:20 p.m.)