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SEPTEMBER 27, 2007

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18:24:51:21 >>THOMAS SCOTT: Thank you, Madam Chair, we'll stand now
18:24:53:13 for our evening invocation and our prayer -- our prayer
18:24:57:00 and our pledge.
18:24:58:16 Word instructs us to acknowledging all of our ways and
18:25:05:00 give direction to our path.
18:25:06:03 We do that this evening.
18:25:07:12 Again, we thank you for this day and your divine favor
18:25:10:21 upon us.
18:25:11:09 Thank you for the rising of the sun and the going down
18:25:15:12 of the same, that your name is worthy to be praised.
18:25:18:21 We thank you for such a beautiful day that you blessed
18:25:21:15 us, walked us through the day and brought us here
18:25:24:03 tonight.
18:25:24:18 Tonight as a Council as we deliberate over issues so

18:25:27:10 important to our neighborhood, to our community, to our
18:25:29:21 city, give us wisdom, knowledge and insight as we
18:25:33:15 listen and share together.
18:25:35:00 We pray now that whatever is accomplished it will
18:25:37:13 always bring glory and praise to your name.
18:25:40:15 In your name we do pray, amen.
18:25:47:03 [ Pledge of Allegiance ]
18:25:54:13 >>GWEN MILLER: Roll call.
18:26:04:15 >>JOHN DINGFELDER: Here.
18:26:05:25 >>THOMAS SCOTT: Here.
18:26:07:06 >>MARY MULHERN: Here.
18:26:09:10 >>GWEN MILLER: Here.
18:26:09:21 Before we begin, we have requests from our Land
18:26:14:15 Development that we have a walk-on.
18:26:16:18 Ms. Grace Yang, are you there?
18:26:23:03 >> Good evening, Council members.
18:26:25:06 I appreciate the opportunity to be heard.
18:26:27:06 Do you need me to put my name on the record?
18:26:29:27 Grace Yang, 201 North Franklin Street, suite 2200,
18:26:33:28 Tampa, Florida, 33602.
18:26:36:16 I am grateful for the opportunity to address Council
18:26:40:12 tonight.
18:26:41:00 I am trying to ask for Council's approval for three
18:26:45:07 temporary wet zonings coming up.
18:26:47:12 The first being for tomorrow night, Friday, Saturday,

18:26:51:22 Sunday for Busch Gardens to expand the wet zone to
18:26:55:27 benefit the Florida Aquarium.
18:26:57:06 To have net proceeds go towards the Aquarium for a
18:27:00:19 special three-day permit.
18:27:02:03 The second request is for the following weekend,
18:27:05:04 October 5, 6, 7, also with proceeds going to benefit
18:27:08:28 the Florida Aquarium.
18:27:11:10 And the third would be October 12th, 13th, and
18:27:14:27 14th to benefit an Anheuser-Busch animal conservation
18:27:20:00 fund.
18:27:21:27 >>JOHN DINGFELDER: Thank you, Grace.
18:27:22:24 Do you have wet zoning numbers?
18:27:26:03 The Z numbers.
18:27:27:18 Can you put those in the record?
18:27:29:09 Are there any staff comments or objections?
18:27:31:09 >> They are wet zoning petitions WZ-07-159.
18:27:35:10 WZ-07-160 and WZ-07-161.
18:27:43:19 >>GWEN MILLER: Cathy Coyle.
18:27:47:13 >>CATHERINE COYLE: Catherine Coyle, Land Development.
18:27:49:06 I do have the applications on file.
18:27:50:12 They are certified.
18:27:51:12 The notice has been provided per certified mail per the
18:27:54:27 code requirements, and it's your discretion whether or
18:27:57:24 not you want to approve them.
18:27:59:18 >>MARY MULHERN: Could you tell us exactly what the

18:28:02:12 temporary wet zoning, what area it will cover?
18:28:05:07 >> Yes, we are trying to request a wet zoning to allow
18:28:09:12 beer sales at Zagora Cafe at Busch Gardens.
18:28:16:09 There's an area called Zagora Cafe, an area called the
18:28:17:24 Zambia Smokehouse, which is another restaurant within
18:28:21:13 the park.
18:28:22:03 And then there would be about five other tent locations
18:28:27:13 throughout park.
18:28:28:18 One in Timbuktu, one in the Serengeti Rhino Rally area,
18:28:33:07 for example, one in Egypt, one closer near the front.
18:28:36:27 They would all be within the park.
18:28:39:25 >>MARY MULHERN: Will all the proceeds be going to the
18:28:43:00 charities?
18:28:43:21 Or is it partial?
18:28:46:10 >> Yes, the net proceeds for October -- the net
18:28:50:24 proceeds for this weekend and for next weekend would go
18:28:53:21 to the Florida Aquarium.
18:28:55:09 Thom Stork at the Aquarium is aware of this
18:28:58:09 arrangement.
18:28:59:09 And the proceeds for the October 12th, 13th, and
18:29:03:09 14th weekend would go to the Anheuser-Busch animal
18:29:07:12 conservation fund which is also a 501(c)(3).
18:29:12:21 >>MARY MULHERN: One more question, the restaurants and
18:29:15:07 cafes you mentioned, are those already zoned for
18:29:19:09 alcohol?

18:29:19:19 >> Zagora Cafe and Zambia Smokehouse, no, they are not.
18:29:27:09 >>THOMAS SCOTT: I'll go ahead and move approval for the
18:29:30:12 special wet zoning.
18:29:37:18 >>GWEN MILLER: Did it get a second?
18:29:39:09 >>JOHN DINGFELDER: I'll second it and ask for public
18:29:41:12 comment.
18:29:41:24 >> If I may, Council, it was just brought to my
18:29:44:15 attention, however, which I didn't realize when I was
18:29:46:15 going through this, it's a supermajority vote of
18:29:49:13 Council to waive.
18:29:51:03 So we'll have to wait for Mr. Miranda to appear.
18:29:57:00 >>GWEN MILLER: Ms. Feeley, do you want to come clean
18:30:00:01 the calendar?
18:30:03:28 >>ABBYE FEELEY: Abbye Feeley, Land Development
18:30:04:25 Coordination.
18:30:05:27 I have placed a mock-up agenda at each of your seats
18:30:08:09 for reference this evening.
18:30:10:04 I would like to go through and clear several items.
18:30:15:18 Item number 1, Z06-137, the petitioner requested that
18:30:21:06 the petition be withdrawn.
18:30:24:06 >>JOHN DINGFELDER: So moved.
18:30:25:09 >>THOMAS SCOTT: Second.
18:30:25:24 >>GWEN MILLER: Have a motion and second.
18:30:27:09 All in favor, aye.
18:30:28:01 [Motion Carried]

18:30:29:18 >>ABBYE FEELEY: Item number 2, Z07-27, we also received
18:30:33:03 a letter that the petition be withdrawn.
18:30:41:15 >>GWEN MILLER: We have a motion and second.
18:30:42:18 All in favor, aye.
18:30:43:10 [Motion Carried]
18:30:45:03 >>ABBYE FEELEY: Item number 3, Z06-71, we would like to
18:30:48:27 request that this item be removed from your agenda and
18:30:51:12 reis set for scheduling under the new process by Land
18:30:54:27 Development.
18:30:55:19 >>GWEN MILLER: We have a motion and second.
18:30:56:24 All in favor, aye.
18:30:57:24 [Motion Carried]
18:30:59:03 >>ABBYE FEELEY: Number 4, Z06-57, that was also
18:31:03:07 requested for withdrawal.
18:31:05:09 >>JOHN DINGFELDER: So moved.
18:31:06:24 >>THOMAS SCOTT: Second.
18:31:07:04 >>GWEN MILLER: All in favor of the motion, aye.
18:31:08:13 [Motion Carried]
18:31:10:04 >>ABBYE FEELEY: Item number 5, the wet zoning
18:31:12:03 associated with that previous rezoning has also been
18:31:14:27 requested for withdrawal.
18:31:16:00 >>JOHN DINGFELDER: So moved.
18:31:17:07 >>THOMAS SCOTT: Second.
18:31:18:00 >>GWEN MILLER: All in favor of the motion, aye.
18:31:20:13 [Motion Carried]

18:31:21:27 >>ABBYE FEELEY: Item number 6 cannot be heard this
18:31:25:06 evening.
18:31:25:21 There was a misnotice on that.
18:31:27:09 The next available date for hearing with 30 days'
18:31:30:13 notice would be November 8th.
18:31:31:28 We request that the case be continued to
18:31:33:27 November 8th.
18:31:36:13 >>MARTIN SHELBY: Excuse me, question on that.
18:31:38:12 This is number 6?
18:31:40:07 >>ABBYE FEELEY: Yes.
18:31:41:03 >>MARTIN SHELBY: When you say continued, it really
18:31:42:25 hasn't been opened?
18:31:45:15 >>ABBYE FEELEY: Correct, rescheduled.
18:31:46:21 >>JOHN DINGFELDER: Move to strike number 6 and add it
18:31:48:10 to the agenda of November 8.
18:31:51:18 >>GWEN MILLER: We have a motion and second.
18:31:52:21 All in favor of the motion, aye.
18:31:54:01 [Motion Carried]
18:31:58:19 >>ABBYE FEELEY: Item number 15, Z07-62, the petitioner
18:32:05:18 is requesting a continuance from this evening to
18:32:09:03 October 25th, 2007, at 6 p.m.
18:32:13:15 There is space available, so that would not be a
18:32:16:15 waiver.
18:32:16:27 That case has not been opened.
18:32:19:07 >>MARTIN SHELBY: Number 15.

18:32:20:27 It says continued public hearing.
18:32:22:12 Is there a previous continuance, do you know?
18:32:29:01 >>ABBYE FEELEY: It was previously continued one time.
18:32:31:00 This would be the second.
18:32:32:07 >>GWEN MILLER: Anyone in the public came tonight to
18:32:33:18 speak on item 15?
18:32:37:03 >>MARTIN SHELBY: Is the petitioner here?
18:32:39:12 >>ABBYE FEELEY: Yes.
18:32:40:03 >>JOHN DINGFELDER: Move to continue item 15 to October
18:32:43:12 25th.
18:32:45:12 >>THOMAS SCOTT: Second.
18:32:46:00 >>GWEN MILLER: All in favor of the motion, aye.
18:32:47:25 [Motion Carried]
18:32:50:27 6 p.m.
18:32:52:09 >>ABBYE FEELEY: Item number 17 is a vacating.
18:32:57:00 C07-07 has requested a continuance to November 8th
18:33:01:06 pursuant to a letter from Mr. Marchetti.
18:33:08:07 >>GWEN MILLER: Anyone in the public came to speak on
18:33:10:25 item number 17?
18:33:12:03 We have a motion and second.
18:33:13:06 All in favor of the motion, aye.
18:33:14:21 Opposed, nay.
18:33:15:10 [Motion Carried]
18:33:16:21 >>ABBYE FEELEY: Item number 18 was the rezoning
18:33:18:25 associated with that vacating.

18:33:20:10 That is also requested a continuance to November 8th.
18:33:25:01 >>JOHN DINGFELDER: So moved.
18:33:27:03 >>MARY MULHERN: Second.
18:33:27:24 >>GWEN MILLER: All in favor of the motion, aye.
18:33:28:28 [Motion Carried]
18:33:30:12 >>ABBYE FEELEY: And one last one that just occurred
18:33:33:12 earlier this evening, item number 7, V07-35, the
18:33:38:12 petitioner is here, Mr. John Grandoff, they are
18:33:40:22 requesting a continuance to November 8th.
18:33:42:22 At 6 p.m., and there is space available for that case
18:33:48:03 as well.
18:33:48:18 >>GWEN MILLER: Is there anyone in the public came to
18:33:50:15 speak on item number 7?
18:33:52:00 If you came to speak, you can talk on the continuance.
18:33:57:10 >>MARTIN SHELBY: Did you want to hear from Mr. Grandoff
18:33:59:21 before the people speak?
18:34:02:24 >>GWEN MILLER: Did you want to speak first,
18:34:04:00 Mr. Grandoff.
18:34:05:24 >> Good evening, Madam Chair, members of council.
18:34:06:22 John Grandoff, Suite 3700, Bank of America Plaza.
18:34:10:10 On behalf of Jacord Partnership, we request a
18:34:16:09 continuance to November 8 at 6:00.
18:34:18:24 >>JOHN DINGFELDER: Any reason or anything?
18:34:19:00 >> We have an issue regarding a dedication of some of
18:34:21:25 the property for easement, and we haven't resolved the

18:34:24:21 issue of whether compensation needs to be paid or it
18:34:27:00 just needs to be an outright dedication.
18:34:28:13 I have to research it, and I think I can get it all
18:34:31:13 done within that time period and come to a resolution.
18:34:35:16 >>GWEN MILLER: Mr. Tokley, are you going to speak?
18:34:45:13 >>MARTIN SHELBY: Just to advise those people who are
18:34:47:12 speaking, the request is to continue it, and I would
18:34:50:07 ask that you just address that issue, whether you are
18:34:54:03 in favor or opposed to that continuance.
18:34:56:18 Rather than get into the facts of the case.
18:35:03:01 >> Good evening, members of City Council.
18:35:06:03 James Tokley is my name.
18:35:07:18 I reside at 2118 west Carmen street.
18:35:12:27 And the issue that we are about to speak about is on my
18:35:15:24 street.
18:35:18:24 As a matter of fact, it is next door to my home.
18:35:22:12 And our decision would be not to defer the issue, but
18:35:28:09 to speak on the issue this evening.
18:35:33:12 >>GWEN MILLER: Next.
18:35:47:21 >> My name is Joanna Tokley, 2118 west Carmen street.
18:35:52:18 I, too, oppose deferring the issue.
18:35:54:18 We feel that they have had adequate time and could have
18:35:57:04 notified City Council before coming here tonight.
18:35:59:27 We have residents and children here who live on that
18:36:02:15 street, and we feel as though they could have given

18:36:05:13 City Council more adequate notice.
18:36:07:09 I'm sure they didn't know today that they couldn't
18:36:09:27 finish what they needed to do.
18:36:12:06 >>GWEN MILLER: Anyone else like to speak?
18:36:13:13 Yes, you may rebuttal.
18:36:18:12 >> I provided notice 30 days ago, written notice and
18:36:21:03 posted a sign on the property.
18:36:22:18 I have never heard from Mr. Or Mrs. Tokley or anyone
18:36:25:27 else.
18:36:26:07 If I had heard of their concerns, I would have
18:36:28:28 certainly informed them.
18:36:30:19 This is an objection that the transportation department
18:36:33:12 has lodged.
18:36:34:09 It's a legal issue on this parking lot.
18:36:37:24 We're complying with all other requirements of the code
18:36:40:15 as far as buffering and West Tampa overlay.
18:36:43:12 I don't want to get into the merits of the case, but I
18:36:45:16 think we have a bona fide legal issue.
18:36:47:24 I really can't even bring the application to you
18:36:50:03 tonight until we solve that.
18:36:51:27 >>GWEN MILLER: Mr. Dingfelder.
18:36:53:00 >>JOHN DINGFELDER: Thank you.
18:36:53:12 My -- Council's general tendency since this is a first
18:37:02:07 request and it's a technical request and he's not
18:37:05:18 prepared to make his presentation, Council generally

18:37:08:09 grants at least one continuance.
18:37:10:03 If it came back for another continuance, we would be
18:37:13:19 very hesitant to do so.
18:37:17:06 I guess, you know, my leaning would be to go ahead and
18:37:21:21 grant the continuance with apologies to you and to the
18:37:24:28 neighborhood who came out, but this will give you a
18:37:29:18 good opportunity.
18:37:30:10 Mr. Grandoff will contact the Tokleys or vice versa and
18:37:33:24 the neighborhood and I'm sure you all can get together
18:37:36:07 and perhaps have a little mediation time to work things
18:37:39:00 out.
18:37:41:18 Maybe the delay can be seen as a positive to see if we
18:37:44:12 can work some things out, but I'll support the delay.
18:37:47:15 >>GWEN MILLER: Mr. Tokley?
18:37:50:03 >>JOHN DINGFELDER: And I'll move accordingly.
18:37:54:22 >> We appreciate your kindness.
18:37:57:06 However, we must say at this time we have not heard
18:38:01:15 from the parties who oppose what we oppose.
18:38:08:24 Our argument is simply this.
18:38:12:12 >>MARTIN SHELBY: I'm sorry to interrupt.
18:38:13:25 I just want to make sure you don't get into the fact of
18:38:16:13 the merits of the case or why you're objecting.
18:38:19:06 I'm sorry to interrupt.
18:38:20:15 >> We have asked members of our community who reside on
18:38:25:13 that street to appear this evening.

18:38:28:24 They have taken away from their own schedules, their
18:38:33:15 own routines, and we feel that it would be a travesty
18:38:41:03 for them not to be heard, especially when the issue
18:38:47:06 impacts them so severely.
18:38:50:18 >>GWEN MILLER: Reverend Scott.
18:38:52:15 >>THOMAS SCOTT: Madam Chair, members of Council, and
18:38:54:07 Mr. Tokley, let me just say, I do sympathize with that
18:38:59:27 concern, issue.
18:39:01:03 However, this is one that we're kind of boxed in
18:39:04:27 legally.
18:39:05:25 One is because the staff has an option, evidently, as I
18:39:11:28 understand it.
18:39:12:18 Here again, the delay is pretty much the city's,
18:39:15:13 delaying the project from moving forward.
18:39:17:15 So that's one objection.
18:39:18:27 Secondly, it is my understanding that every applicant
18:39:22:21 gets at least one continuance.
18:39:24:21 Since this is the first one -- so let me again just
18:39:28:24 offer again our deepest apology, and hopefully
18:39:32:06 Mr. Grandoff will meet with you all to resolve whatever
18:39:35:06 issues and concerns you have.
18:39:36:06 If not, we'll be back here on the 8th of November.
18:39:39:24 We'll be back here on November the 8th to hear
18:39:42:07 everybody that appear and they will have an opportunity
18:39:45:04 to speak to the full Council.

18:39:46:18 And I do want to apologize for that, and in particular
18:39:49:13 for even the time delay even this evening for starting
18:39:53:24 as well.
18:39:54:09 >> On behalf of -- we accept your apology.
18:39:59:00 We will speak with Mr. Grandoff, and if we are not
18:40:04:03 satisfied with what we come up, we shall return.
18:40:07:01 >>GWEN MILLER: Thank you.
18:40:07:12 We appreciate you coming down, Mr. Tokley, and the
18:40:09:24 neighbors that came with you, we apologize.
18:40:12:03 But we understand how you feel taking off and coming
18:40:14:18 here and have to sit and wait.
18:40:16:10 We didn't start on time.
18:40:17:21 And I know how you feel.
18:40:19:09 >> But it's always good to see you.
18:40:22:21 >>MARY MULHERN: I just wanted to ask if we could hear
18:40:27:04 from staff, from Julia, perhaps.
18:40:30:21 >>JULIA COLE: Julia Cole, Legal Department.
18:40:32:10 As I'm hearing and understanding what the issue is,
18:40:34:13 which is hard to get into without opening the public
18:40:36:24 hearing, part of this request as a note or condition on
18:40:41:15 the site plan, it raises an issue about an easement.
18:40:44:07 And what Mr. Grandoff has indicated is he believes that
18:40:46:21 might raise an issue which would eventually obligate
18:40:49:28 the city to pay out some remuneration for the easement,
18:40:53:25 as I'm understanding what the issue is.

18:40:55:15 If that's the case, then I need to research that issue
18:40:58:00 as well and I don't want to put City Council in the
18:41:00:09 position of moving forward with the public hearing and
18:41:01:27 then we ultimately end up with some takings argument
18:41:06:07 later on down the line.
18:41:07:12 That concerns me greatly.
18:41:08:12 We can handle this one of two ways, either we just go
18:41:11:00 ahead and continue it or you open the public hearing.
18:41:14:21 You can allow people to speak on the issue, but they
18:41:17:27 wouldn't be able to come back again to talk about any
18:41:21:03 other issues, and it would have to be continued.
18:41:23:15 So I could research that issue anyway.
18:41:25:24 Those are really what Council's options are.
18:41:29:27 >>GWEN MILLER: I think they understand.
18:41:31:03 They don't want to speak and they won't be able to
18:41:33:12 speak when they come back on November 8th.
18:41:35:15 November 8th will be more important than tonight.
18:41:37:21 I know they would rather wait.
18:41:42:00 >>MARTIN SHELBY: I think before you continue it, you
18:41:43:09 should open it.
18:41:45:13 >>GWEN MILLER: We have a motion and second.
18:41:46:21 All in favor, aye.
18:41:47:21 Now we need a motion to continue.
18:41:50:06 >>THOMAS SCOTT: So moved.
18:41:51:06 >>JOHN DINGFELDER: Second.

18:41:52:12 >>MARTIN SHELBY: Date and time, please.
18:41:54:06 >>GWEN MILLER: Continue November 8th at 6 p.m.
18:41:55:25 All in favor of that motion, aye.
18:41:58:16 [Motion Carried]
18:41:58:24 Before you begin, Ms. Feeley, we need to go back to
18:42:08:04 Ms. Grace Yang since we have a supermajority.
18:42:11:21 >> Yes, good evening.
18:42:14:03 Would you like me to state the request again.
18:42:16:25 >> There's a motion on the floor.
18:42:19:01 >>GWEN MILLER: Cathy Coyle catch you in the hall.
18:42:22:00 >>JOHN DINGFELDER: Busch Gardens temporary wet zoning.
18:42:25:15 >>GWEN MILLER: So you have to go over it again.
18:42:33:07 >>CATHERINE COYLE: Catherine Coyle, Land Development.
18:42:35:10 What is being requested is a walk-on of three temporary
18:42:38:06 wet zonings, this weekend, next weekend and the
18:42:40:19 following weekend for Busch Gardens.
18:42:43:03 It is for all the net proceeds will go to the Florida
18:42:46:03 Aquarium for the next two weekends.
18:42:47:28 This weekend and next weekend.
18:42:49:18 And the third weekend will go to the animal foundation,
18:42:52:09 Anheuser-Busch animal foundation.
18:42:55:09 Temporary wet zonings.
18:42:56:09 Request is for 1(COP) beer only for Friday, Saturday,
18:43:00:06 Sunday.
18:43:01:27 >>GWEN MILLER: Can we have a motion?

18:43:03:09 >>CHARLIE MIRANDA: Madam Chair, if I remember, they are
18:43:04:16 entitled to do this, so many a year as long as it's for
18:43:08:09 nonprofits.
18:43:08:24 I forget how many at one location that specifically can
18:43:11:28 be given within one calendar year.
18:43:15:06 >>CATHERINE COYLE: It's three events, no longer than
18:43:16:21 three days each.
18:43:18:06 >>CHARLIE MIRANDA: So we got that out of the way if
18:43:20:09 that happens.
18:43:20:27 Thank you very much, Ms. Coyle.
18:43:22:01 >>GWEN MILLER: We have a motion and second to approve.
18:43:24:00 >>JOHN DINGFELDER: Staff has no objection.
18:43:25:09 >>GWEN MILLER: All in favor of the motion, aye.
18:43:27:01 [Motion Carried]
18:43:27:09 Anyone in the public going to speak on items 8 through
18:43:33:24 14, would you please stand and raise your right hand.
18:43:44:03 (Oath administered by clerk).
18:43:49:18 >>MARTIN SHELBY: I'd ask that all items that have been
18:43:51:16 available, all written materials that have been
18:43:53:18 available for public inspection in Council's office be
18:43:55:25 received and filed prior to the hearings tonight.
18:43:59:00 >>JOHN DINGFELDER: So moved.
18:44:00:28 >>CHARLIE MIRANDA: Second.
18:44:01:13 >>GWEN MILLER: All in favor of the motion, aye.
18:44:03:16 [Motion Carried]

18:44:04:09 >>MARTIN SHELBY: Secondly A quick reminder, Council,
18:44:06:01 with regard to disclosing ex parte communications prior
18:44:09:03 to action.
18:44:10:03 Finally, ladies and gentlemen, when you state your
18:44:11:18 name, please reaffirm for the record that you have been
18:44:13:27 sworn.
18:44:14:09 I'm going to put a little sign up there to remind you,
18:44:16:27 and that will speed things along.
18:44:18:15 Thank you.
18:44:19:00 >>GWEN MILLER: Let's open item number 7, please.
18:44:21:00 8.
18:44:21:18 All in favor -- 8.
18:44:23:06 All in favor of the motion, aye.
18:44:24:09 [Motion Carried]
18:44:27:09 >> Jill, Land Development Coordination.
18:44:30:15 I have been sworn.
18:44:31:12 We're here on petition V07-36.
18:44:36:22 Located on 3001 North Himes Avenue, 3411 West Columbus
18:44:41:12 Drive and 3410 Kathleen Street.
18:44:44:07 This property currently has a zoning of CG, commercial
18:44:46:15 general.
18:44:47:00 They are requesting a special use to allow a
18:44:48:15 drive-thru, a bank drive through.
18:44:51:27 The petitioner is requesting the special use to
18:44:53:28 construct a new branch drive through for the 5/3rd

18:44:59:06 bank.
18:44:59:18 The proposed building is 4,133 square feet and will be
18:45:04:09 26 feet, one inch in height.
18:45:06:03 The eastern portion of the site, which encompasses the
18:45:08:03 proposed five aisle drive-through, has a setback of
18:45:11:18 86.9 feet from the property line.
18:45:14:00 A total of 17 parking spaces are required and 34 spaces
18:45:17:15 are being provided.
18:45:18:18 And that's inclusive of two ADA spaces.
18:45:23:01 Elevations have been submitted for the special use
18:45:25:28 request.
18:45:26:13 Here we have a zoning map of the local area.
18:45:44:21 To the south is completely CI.
18:45:48:18 We have Legends Field to the northwest.
18:45:50:13 There's an Amscot and a few other strip plazas to the
18:45:57:13 south and a 7-Eleven.
18:45:59:16 It's very commercial, heavily commercial in that area.
18:46:05:04 >>CHARLIE MIRANDA: You mean in that corner.
18:46:07:25 >>JILL FINNEY: Yes, this particular corner.
18:46:11:00 >>CHARLIE MIRANDA: Not in the area.
18:46:12:18 >>JILL FINNEY: Here, you see Legends Field.
18:46:14:10 It's an aerial of Columbus.
18:46:15:28 Here to South Dale Mabry is over to the west.
18:46:17:28 Here is a picture of the site.
18:46:24:16 A few other views of it.

18:46:26:21 It was obviously previously a gas station.
18:46:36:15 This is to the east of the site.
18:46:43:13 This is located to the south, directly to the south.
18:46:47:15 This is located south -- at the southwest corner.
18:46:52:18 And you have Legends Field directly to the west of this
18:46:56:15 site.
18:46:56:27 Staff has found this to be inconsistent with our
18:47:05:18 regulation.
18:47:07:09 However, the changes that need to occur in order to
18:47:09:19 have consistency from city staff are ones that are
18:47:13:21 minor, and I would -- and would definitely be able to
18:47:18:01 be done between first and second reading.
18:47:20:15 I can go through the list of what needs to be done.
18:47:23:09 They need to correct the tree table of debits and
18:47:26:24 credits to correctly reflect the trees being removed
18:47:29:09 and preserved per section 13-165.
18:47:37:03 They need to provide a minimum protective radius to all
18:47:40:03 protected trees that are to remain.
18:47:41:22 Pervious pavement on grades will need to be provided
18:47:46:09 for the north drive lane.
18:47:47:19 And please add this as a note to the site plan.
18:47:50:12 Also, they'll need to revise their language for their
18:47:56:21 in lieu waiver.
18:47:59:06 If you were to approve this, you would not be approving
18:48:01:27 the waiver.

18:48:02:19 You would be approving their ability to request the
18:48:05:27 waiver as a separate review.
18:48:08:24 And they also need to add a two-year tree maintenance
18:48:13:04 agreement note for the transplanted tree on-site.
18:48:17:10 And that concludes my presentation.
18:48:19:24 I'm here for -- available for questions if you have
18:48:22:06 any.
18:48:32:12 >>TONY GARCIA: Good evening.
18:48:33:03 Tony Garcia, Planning Commission staff.
18:48:34:22 I have been sworn.
18:48:35:18 The project as it relates to the comprehensive plan has
18:48:42:13 the following conditions in the area.
18:48:44:15 You do have a land use category in the northwest corner
18:48:46:22 over here which subject property also has the same land
18:48:50:03 use of community mixed use-35 which extends along the
18:48:53:18 northern face of West Columbus Drive allowing a variety
18:48:56:00 of commercial uses including neighborhood commercial
18:48:57:18 and general commercial uses.
18:49:00:03 On the southern side you actually have more intensive
18:49:02:07 uses allowed for consideration since you have a land
18:49:05:00 use designation of heavy commercial 24.
18:49:07:13 This has a higher land use designation of regional
18:49:09:12 mixed use 100, which is where you have a larger
18:49:12:12 commercial structure that happens to be an existing
18:49:13:03 Kmart on this corner.

18:49:14:12 This has a public, semi-public land use designation
18:49:16:13 over here and actually happens to be the spring
18:49:19:03 training camp of the New York Yankees.
18:49:22:10 As is illustrated on the aerial, the area to the north
18:49:26:21 is predominantly single-family detached residential
18:49:29:27 uses and single-family detached residential uses --
18:49:30:01 St. Joseph's Street. [not speaking into microphone]
18:49:33:19 There is a 7-Eleven to the south, directly south of the
18:49:36:27 subject site.
18:49:37:18 Small restaurant to the east of the site, as I stated
18:49:40:03 before.
18:49:40:24 The Kmart is located southwest of the site.
18:49:43:19 The site itself was the former site of a Shell Gas
18:49:46:15 Station and has been in a blighted condition for
18:49:50:10 approximately a decade now.
18:49:51:13 The request is at the intersection of a major
18:49:53:12 commercial node in the City of Tampa in close proximity
18:49:55:12 to Dale Mabry Highway, major arterial to the west.
18:49:58:18 This is the intersection of Himes and Columbus, both
18:50:01:01 classified as major arterial roads that connect to a
18:50:04:15 lot of regional attractors in close proximity to the
18:50:07:19 area.
18:50:08:09 Planning Commission staff has no objections, and finds
18:50:11:03 the proposed request consistent with the comprehensive
18:50:13:09 plan.

18:50:13:27 One more thing that I would like to know, Mr. Miranda,
18:50:17:09 I'm sure you'll be able to tell us what was there prior
18:50:20:03 to the Shell Station.
18:50:22:16 >>CHARLIE MIRANDA: The restaurant you mentioned was La
18:50:25:24 Rumba.
18:50:27:06 You didn't say that, sir.
18:50:27:12 I'm very disappointed you forgot the name of the
18:50:30:12 restaurant.
18:50:31:06 >>TONY GARCIA: Trying to be objective on that.
18:50:33:09 As far as the Shell Station itself, because I don't
18:50:35:04 recall what was there prior to the Shell Station.
18:50:37:22 >>CHARLIE MIRANDA: If I tell you, we'd both know.
18:50:41:03 >>GWEN MILLER: Got to remember, Mr. Miranda is older
18:50:43:22 than you, Mr. Garcia.
18:50:45:18 >>TONY GARCIA: I will agree to that.
18:50:47:21 >>GWEN MILLER: Petitioner?
18:50:48:18 I'm Ken Hardy.
18:51:01:27 I have been sworn in.
18:51:03:18 607 South Alexander Street in Plant City, representing
18:51:09:00 5/3rd Bank, the petitioner.
18:51:10:27 We have worked with staff in regards to come up with
18:51:27:00 this site plan.
18:51:28:27 The focus was the area along Kathleen.
18:51:32:15 We have worked real hard to maintain the oak trees that
18:51:35:24 were probably planted with the shell station.

18:51:38:27 They will be staying there which will create a natural
18:51:41:27 buffer.
18:51:42:12 We have 30 some odd feet between the pavement and that.
18:51:46:01 We also put the retention pond to the east which also
18:51:48:27 creates another buffer.
18:51:51:00 In regards to that, we've also worked with Hartline as
18:51:54:09 far as putting in a new -- upgrading their supposedly
18:51:58:12 bus stop at the corner of Kathleen and Himes, which is
18:52:02:09 just a sign.
18:52:04:12 We'll be putting in the concrete so they'll be able to
18:52:07:09 put in their new bus stop structures.
18:52:09:07 So I believe we worked with staff to make this a good
18:52:12:13 project, and we did meet with staff on Monday in
18:52:15:22 regards to the comments for landscape inconsistency.
18:52:19:12 I think we modified our plan.
18:52:21:00 We sent them a PDF of it.
18:52:23:10 I think we're in pretty good shape in regards to what
18:52:26:04 they need.
18:52:27:07 If you have any questions, I'm here to answer them.
18:52:30:00 >>CHARLIE MIRANDA: I have one question, not directly on
18:52:31:18 the petition, but since you represent the petitioner,
18:52:33:25 how did the 5/3rd Bank get their name?
18:52:37:12 >> I can actually answer that question.
18:52:39:13 >>CHARLIE MIRANDA: That's right.
18:52:39:24 One was on Fifth, and one was on Third, and they

18:52:42:03 merged.
18:52:42:24 >> Pretty much it.
18:52:44:06 >>CHARLIE MIRANDA: That's how it happened in Ohio.
18:52:46:01 >> They took the fifth largest and the third largest
18:52:49:00 bank and merged and probably now either the first or
18:52:52:03 second largest bank in Ohio.
18:52:54:12 I had to ask the same question about two years ago when
18:52:57:19 we started doing work for them.
18:53:00:13 >>MARY MULHERN: I do have a question.
18:53:01:21 You're putting in a bus stop for your drive-through
18:53:04:18 bank.
18:53:05:03 Is there also a banking, walk-up banking?
18:53:10:21 >> There's an ATM on the outside, yes.
18:53:15:01 What we have done, the existing bus stop that's at the
18:53:18:09 intersection of Himes and Kathleen is just a sign.
18:53:21:21 There's no bench, no nothing, no shelter.
18:53:24:04 And working with Hartline and traffic, we moved it
18:53:26:22 down.
18:53:27:03 We eliminated an existing driveway and we were able to
18:53:30:12 incorporate that, put in sidewalk and cross walk inside
18:53:34:06 to make it easier for people to get to the bank and
18:53:36:27 also be able to put a shelter.
18:53:39:12 >>MARY MULHERN: And I had another question or just a
18:53:41:07 caution about your sign, because in south Tampa, we
18:53:45:21 found out about the 5/3rd Bank when there was a

18:53:49:00 gigantic bright sign put up on Swann Avenue.
18:53:54:00 I just hope that you're signage will conform to our new
18:53:58:04 sign code.
18:53:58:24 >> I hope so, too.
18:53:59:27 They better.
18:54:00:12 I'm not doing the sign.
18:54:01:22 I'm just doing their site.
18:54:03:00 >>GWEN MILLER: You say you have an ATM machine.
18:54:03:21 what kind of lighting will you have around there?
18:54:09:27 >> It's what will be necessary to meet the Florida
18:54:11:21 statutes.
18:54:12:19 At this point, I don't know.
18:54:14:03 But I can get the answer for you.
18:54:16:18 But it would be what was necessary to be able to meet
18:54:19:18 the foot-candles and so forth around the ATM area.
18:54:26:18 >>GWEN MILLER: Anybody want to speak on item number 8?
18:54:29:15 We have a motion and second to close.
18:54:31:04 All in favor of the motion, aye.
18:54:32:09 [Motion Carried]
18:54:38:15 Do you have to ask for the waiver?
18:54:39:27 Petitioner need to ask us for the waiver?
18:54:46:12 >> No.
18:54:46:24 By approving the special use that they just asked for,
18:54:50:03 they can now administratively come back to the city and
18:54:52:27 ask for the waiver that they need for the greenspace.

18:54:56:03 When you make your motion, though, I would ask that you
18:54:59:22 go ahead and condition that they do need to meet the
18:55:02:27 conditions of the landscape, and those are spelled out
18:55:07:28 in the staff report.
18:55:08:21 You don't need to spell each of them out.
18:55:11:15 That, and also I believe they were going to add a note
18:55:15:18 for lighting to direct the lighting away from the
18:55:18:03 residential area.
18:55:21:00 >>CHARLIE MIRANDA: Thank you, Madam Chair.
18:55:22:24 Move an ordinance approving a special use, S-II,
18:55:27:00 approving a drive-through bank in CG, commercial
18:55:27:00 general zoning district in the general vicinity of 3001
18:55:31:21 North Himes Avenue, 3411 West Columbus Drive and 3410
18:55:35:27 West Kathleen Street in the City of Tampa, Florida,
18:55:37:21 more particularly described in section one thereof,
18:55:40:12 providing an effective date.
18:55:42:09 Also, that the conditions set forth as provided by the
18:55:45:28 landscape ordinance and the lighting ordinance.
18:55:49:10 >>GWEN MILLER: All in favor of the motion, aye.
18:55:52:01 Opposed, nay.
18:55:53:12 >> The motion carried unanimously and second reading
18:55:55:22 and adoption will be held on October 18th, 2007 at
18:55:59:22 9:30 a.m.
18:56:01:21 >>GWEN MILLER: We need to open item 9.
18:56:04:09 We have a motion and second.

18:56:05:16 All in favor, aye.
18:56:06:27 Before we begin, I would like to put on the record that
18:56:10:00 I'm a member of the Baptist church we are about to
18:56:14:19 hear.
18:56:15:22 >>MARTIN SHELBY: Madam Chair, I did have the
18:56:17:10 opportunity to discuss this with you briefly.
18:56:19:12 It's my understanding that you have no financial --
18:56:25:03 Madam Chair, you serve in no capacity on the board, is
18:56:29:03 that correct?
18:56:30:09 >>GWEN MILLER: That's correct.
18:56:31:06 >>MARTIN SHELBY: You have no financial obligation to
18:56:32:12 the church as a board member, and that is true of your
18:56:35:00 immediate family.
18:56:36:22 >>GWEN MILLER: That's true.
18:56:38:00 >>MARTIN SHELBY: It's my understanding based on what
18:56:39:27 you've told me and the fact that this will not inure to
18:56:45:18 your special private gain and you have no employment
18:56:50:01 relationship with the church under the commission on
18:56:51:19 ethics opinion 90-24, it's my opinion that this would
18:56:54:22 be appropriate for you to proceed and vote on this.
18:56:58:15 >> Good evening, Council.
18:57:00:18 Item number 9 on the agenda, V07-41 is a special use
18:57:06:03 being proposed at 2417 and 2419 East Columbus Drive.
18:57:10:18 The petitioner is New Mount Zion Baptist Church.
18:57:14:24 They are requesting offstreet parking, principal and

18:57:18:21 accessory use to the existing church site.
18:57:21:28 There are three waivers being asked for.
18:57:26:13 The first is to -- a waiver of the required 10-foot
18:57:30:15 buffer with a six-foot masonry wall to five-foot buffer
18:57:33:28 with a six-foot wood fence with vine every ten feet.
18:57:38:09 A waiver to allow more than 50% grass parking and a
18:57:41:13 waiver to allow access on a local street for
18:57:44:22 nonresidential traffic.
18:57:46:06 Go ahead and do a brief presentation for you.
18:57:54:06 We can zoom into the little green squares.
18:58:03:21 This is Columbus to the north, 25th Street to the
18:58:07:22 east.
18:58:09:12 When we go out to the site, there are a series of
18:58:13:27 parking lots that service the church site.
18:58:16:27 One is to the north across the street that I'll show
18:58:19:07 you an aerial.
18:58:20:03 There's another one to the northeast, and there is
18:58:22:24 another one over a block off of 26th.
18:58:29:12 On the aerial, you can see a little bit better.
18:58:32:06 The site is currently vacant.
18:58:34:18 There is some existing parking for the church to the
18:58:37:00 east.
18:58:37:07 The church building is here to the east.
18:58:39:10 To the north, there is another parking lot similar, I
18:58:43:03 believe, to the one they are going to create here that

18:58:45:13 does have a paved drive aisle and then has grass
18:58:49:16 spaces.
18:58:50:06 And this, it has also been a parking lot to service the
18:58:54:03 church.
18:58:54:13 This is the site looking west.
18:59:04:27 Columbus here to the north.
18:59:07:03 This is the site to the south that's also vacant.
18:59:11:16 And then another site to the south.
18:59:16:12 That is a board-up home.
18:59:19:25 This is a shot looking east toward the church where
18:59:26:12 there is some parking area as well.
18:59:29:07 And a view looking north toward Columbus.
18:59:33:13 I did take a picture also of the church, and then of
18:59:38:22 one of the improved parking lots that will be similar
18:59:43:22 to what this request is in nature.
18:59:45:21 Staff has reviewed the petition in relation to all City
18:59:51:07 of Tampa applicable regulations, and we do find this
18:59:54:03 petition consistent.
18:59:55:00 We are available if you should have any questions.
19:00:04:13 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
19:00:06:06 I have been sworn.
19:00:07:09 The predominant land use category for the subject site
19:00:13:06 in question is residential 35, which allows
19:00:16:25 consideration -- actually, any residential category,
19:00:18:28 land use category within the comprehensive plan allows

19:00:21:15 consideration of neighborhood serving uses such as day
19:00:24:22 care centers and churches of the sort, of the like.
19:00:28:12 As Ms. Feeley already stated we have a church on site
19:00:32:00 and the church has already contributed to the fabric of
19:00:34:09 the community in essence as part of the fabric of the
19:00:37:04 community serving people for number of years.
19:00:42:01 Request is for accessory parking lot.
19:00:44:00 Proposed request will allow the church to expand its
19:00:46:18 continued stewardship to the community that it does
19:00:49:10 serve.
19:00:50:03 The request is consistent with future land use elements
19:00:52:15 policy B-2.1 which recognizes the stability of existing
19:00:56:27 neighborhoods and of new development and redevelopment
19:00:59:07 mitigating any adverse impacts which the proposed site
19:01:03:09 plan does show.
19:01:04:15 Planning Commission staff finds the proposed request
19:01:06:15 consistent with the comprehensive plan.
19:01:08:03 >>GWEN MILLER: Petitioner?
19:01:08:21 Before you speak --
19:01:17:12 >>THOMAS SCOTT: Madam Chair, I want to find out, is
19:01:19:28 there anybody here in objection to this petition?
19:01:23:03 Does anybody in the public want to speak in objection,
19:01:26:13 have an objection to this petition?
19:01:28:09 Otherwise, we can go ahead and move this and get it out
19:01:31:18 of the way.

19:01:32:24 >>GWEN MILLER: Let the petitioner put her name on the
19:01:34:21 record.
19:01:35:15 >> Attorney Miriam Sumter Richard, and I represent New
19:01:39:27 Mount Zion Missionary Baptist Church under the
19:01:43:00 directionship and pastorage of Pastor Walter J.
19:01:45:06 Williams.
19:01:45:21 We are asking the board to approve this.
19:01:47:21 We have worked with our consultants, Stutzman
19:01:52:00 Consulting, Inc.
19:01:53:12 We have 35 people here who have signed waivers who are
19:01:56:15 all in support and paying members and tithing members
19:01:59:10 of New Mount Zion.
19:02:01:22 If we could let Mr. Stutzman speak about the site plan
19:02:07:09 if there are any questions.
19:02:08:18 >>GWEN MILLER: Since nobody wants to speak, can we
19:02:10:06 close the public hearing?
19:02:13:12 >>MARTIN SHELBY: Then Council, what you're going to do
19:02:15:16 is based on the representations made in the staff
19:02:17:19 report, you feel sufficient factual basis to move
19:02:21:06 forward?
19:02:21:27 >>GWEN MILLER: Yes.
19:02:22:09 We have a motion to close.
19:02:23:12 All in favor, aye.
19:02:24:12 Opposed, nay.
19:02:26:09 >>THOMAS SCOTT: I'm going to go ahead and move this

19:02:28:24 resolution and commend Dr. Williams and New Mount Zion
19:02:31:27 for their work in the community.
19:02:33:10 They have done a marvelous job with the family life
19:02:36:06 center, the park and the area.
19:02:38:28 So we commend you very much, you and your congregation
19:02:44:18 for the work you're doing.
19:02:46:03 I'm happy to move this resolution.
19:02:47:15 Ordinance approving special use permit S-II approving
19:02:53:18 an off-site accessory church parking lot in RM-24
19:02:58:06 residential multifamily zoning district in the general
19:03:00:03 vicinity of 2417 and 2419 East Columbus Drive in the
19:03:04:15 City of Tampa, and as more particularly described in
19:03:06:03 section 1 hereof, approving waivers as set forth
19:03:09:13 herein, providing an effective date.
19:03:11:03 >>GWEN MILLER: We have a motion and second.
19:03:12:06 All in favor of the motion, aye.
19:03:15:15 >>THE CLERK: The motion carried unanimously and second
19:03:18:19 reading and adoption will be held on October 18th,
19:03:21:18 2007 at 9:30 a.m.
19:03:25:27 >>GWEN MILLER: Need to open item number 10.
19:03:28:00 All in favor of the motion, aye.
19:03:30:09 [Motion Carried]
19:03:44:25 >> Jill, Land Development Coordination.
19:04:38:21 I have been sworn.
19:04:39:24 We are here on petition Z07-67 located at 120 South

19:04:44:15 Edison Avenue and 909 West Cleveland Street.
19:04:48:24 This petition is going from RM-24 residential
19:04:51:12 multifamily and PD planned development to PD planned
19:04:54:12 development with professional office uses.
19:04:56:24 The petitioner proposes to rezone the property to allow
19:05:01:06 for a 5,880-square-foot professional office building.
19:05:04:21 The site currently has two structures that will be
19:05:07:16 demolished and one-story structure will replace them.
19:05:11:18 Based on the submitted elevations, the proposed maximum
19:05:14:28 building height will be 22 feet.
19:05:17:01 The PD setbacks are as follows.
19:05:18:19 To the north is 71 feet.
19:05:20:04 To the east is eight feet five inches.
19:05:24:10 To the south is ten feet.
19:05:25:15 To the west is ten feet.
19:05:26:25 A total of 20 parking spaces are required.
19:05:30:07 And the petitioner is providing ten compact spaces,
19:05:33:22 which is about -- which is 50%.
19:05:36:22 One ADA space and nine standard parking spaces for a
19:05:39:28 total of 20 spaces.
19:05:41:06 Here is the subject property.
19:05:58:06 On the zoning map.
19:06:01:12 There's plenty of activity happening in this area with
19:06:04:24 rezoning as far as office uses, PDs.
19:06:08:19 It's a very, very heavily officed area.

19:06:11:04 Here is an aerial.
19:06:16:10 You have the Crosstown directly to the south of the
19:06:19:10 site.
19:06:19:21 You have Kennedy Boulevard directly to the north,
19:06:22:18 Delaware is to the west, and south boulevard is to the
19:06:26:04 east.
19:06:29:24 >>JOHN DINGFELDER: You mentioned buildings that are
19:06:31:12 currently on the property.
19:06:33:12 I can picture the general location, but what are the
19:06:36:13 buildings that are there?
19:06:38:09 >> This is a picture of it, actually.
19:06:45:18 >>JOHN DINGFELDER: And James posing.
19:06:47:24 >> Exactly.
19:06:48:06 This is the second --
19:06:57:00 This is the rear of the site behind the building.
19:07:00:12 >>JOHN DINGFELDER: So they are eliminating that
19:07:01:27 building and starting over on the whole thing?
19:07:04:12 >> Yes, exactly.
19:07:05:07 This is to the east, located to the east.
19:07:09:10 This is the view of the Crosstown from their office.
19:07:13:13 It's directly across.
19:07:14:21 Here is the Community Bank located directly to the
19:07:21:12 west.
19:07:21:22 And then a little bit further down.
19:07:23:24 You can see it's all offices.

19:07:25:18 Staff does find this petition request to be
19:07:34:21 inconsistent with our regulation.
19:07:37:13 However, the inconsistency can be resolved between
19:07:40:00 first and second reading.
19:07:41:12 In order to do this, they would need to provide an
19:07:44:24 updated tree survey showing all trees within 20 feet of
19:07:47:24 the property line and then correct their trees on their
19:07:51:09 site plan.
19:07:52:21 And also make revisions to the tree table of debits and
19:07:57:10 credits, and then they also -- there's a typo.
19:08:01:18 In the debit section of the table, the word "credit"
19:08:04:25 needs to be changed to "debit" in two places.
19:08:08:03 Solid waste is requesting that a waiver is added to
19:08:14:09 allow for maneuvering of solid waste service vehicles
19:08:17:13 in the public right-of-way.
19:08:20:09 And they are also asking -- they had sent over a
19:08:24:18 diagram for the petitioner which they've had.
19:08:26:18 They already made the changes and agreed to do all of
19:08:29:16 this.
19:08:29:27 Just to realign the dumpster ever so slightly, but
19:08:33:00 enough to meet the new radius requirements.
19:08:36:18 And then the site plan needs to note the grade level
19:08:40:01 concrete slab will be a minimum of six inches thick
19:08:42:19 with 4,000 pounds per square inch.
19:08:45:16 And the site plan, all solid waste vehicle drive aisles

19:08:51:01 and solid waste vehicle maneuvering areas shall be
19:08:53:28 consistent with the current State of Florida Department
19:08:55:09 of Transportation standard specifications for road and
19:08:59:01 bridge construction.
19:09:00:00 That concludes my presentation.
19:09:01:21 I'm available for questions.
19:09:14:18 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
19:09:16:13 I have been sworn.
19:09:17:21 There are a variety of land use categories in this
19:09:24:09 particular area, of course.
19:09:25:09 This is a widely traveled area.
19:09:26:21 We're looking at an intersection bounded by two
19:09:30:03 arterial roads.
19:09:31:15 Cleveland is one of the unique roads even though it's a
19:09:35:18 one-way road going westward out of the city, it's
19:09:39:22 classified as arterial road.
19:09:41:12 We have the better known arterial road of West Kennedy
19:09:43:07 Boulevard directly to the north.
19:09:45:13 Land use category here, purple color urban mixed use
19:09:49:09 60.
19:09:50:03 Then regional mixed use 100 to the east.
19:09:52:27 Residential 35, which is what the subject property
19:09:55:24 happens to have a land use designation of --
19:10:03:04 [INAUDIBLE]
19:10:03:24 The property, as was mentioned before, was rezoned in

19:10:12:06 2004 for an office use.
19:10:13:21 The applicant has actually incorporated that property
19:10:17:16 with another and will -- the intent, of course, is to
19:10:21:06 build an office structure.
19:10:22:06 This area has trended between the Crosstown Expressway,
19:10:25:07 which is a little farther to the west and South
19:10:28:24 Boulevard.
19:10:29:01 This area has trended into an office district.
19:10:34:06 As you can also see, it's in very close proximity to
19:10:37:09 the Lee Roy Selmon Expressway.
19:10:40:12 Actually, it's a railroad right-of-way also farther to
19:10:43:03 the west of the site.
19:10:44:21 Mr. Dingfelder -- restaurant is right up over here.
19:10:50:21 Mr. T's pizza is here.
19:10:54:19 I would commit the cardinal sin, Mr. Miranda, if I did
19:11:01:22 not say the Valencia restaurant is here.
19:11:04:21 >>CHARLIE MIRANDA: I have to correct him, Mr. Chair,
19:11:08:01 Mr. T's is closed.
19:11:10:15 >> The former site.
19:11:12:06 Planning Commission staff finds the proposed request
19:11:13:19 consistent with the comprehensive plan.
19:11:15:09 >>GWEN MILLER: The petitioner?
19:11:20:21 >> Good evening, Council members.
19:11:23:03 Ann Pollock with Mechanik Nuccio, 305 South Boulevard
19:11:27:09 representing the applicant.

19:11:28:22 The property there on the corner of Edison and
19:11:33:06 Cleveland is currently a small, about a
19:11:35:24 thousand-square-foot office building and adjacent at
19:11:39:00 least up until about two weeks ago was a rather
19:11:41:28 rundown, dilapidated residential building which I've
19:11:46:28 heard had a pretty poor reputation.
19:11:50:16 The applicant purchased that property and has
19:11:52:15 demolished it.
19:11:54:00 The plans are to demolish the existing office building
19:11:56:28 and to build the one-story, 5800-square-foot office
19:12:01:10 building.
19:12:03:27 >>GWEN MILLER: Let me stop you for a second.
19:12:05:24 Is there anyone in the public want to speak on item
19:12:08:10 number 10?
19:12:09:06 Can we get a motion to close?
19:12:12:09 >>CHARLIE MIRANDA: Make a motion to close.
19:12:13:12 >>GWEN MILLER: Have a motion and second to close.
19:12:15:01 All in favor, aye.
19:12:15:19 [Motion Carried]
19:12:23:12 >>JOHN DINGFELDER: Ms. Pollock, you were so persuasive,
19:12:26:27 we gave up.
19:12:31:06 >>MARY MULHERN: I move an ordinance --
19:12:34:06 >>CHARLIE MIRANDA: Second.
19:12:34:13 >>MARY MULHERN: -- Rezoning property in the general
19:12:36:09 vicinity of 120 South Edison Avenue and 909 West

19:12:43:24 Cleveland Street, in the City of Tampa, Florida, and
19:12:44:21 more particularly described in section 1 from zoning
19:12:45:24 district classification RM-24, residential multifamily,
19:12:47:18 and PD planned development to PD planned development,
19:12:50:28 professional office, providing an effective date.
19:12:52:13 And I think -- do we need to note anything on here,
19:12:57:16 Abbye?
19:12:58:06 Jill, sorry.
19:13:01:01 >> If you can reference the staff report, but it was
19:13:04:03 everything that I had read out.
19:13:05:13 Those would be the changes.
19:13:07:24 >>MARY MULHERN: Okay.
19:13:08:09 With the changes in the staff report that were
19:13:11:04 referenced in the presentation.
19:13:12:18 >>GWEN MILLER: Have a motion and second.
19:13:14:18 All in favor, aye.
19:13:16:18 >>THE CLERK: The motion carried unanimously, second
19:13:20:12 reading and adoption of this ordinance will be held on
19:13:22:21 October 18th, 2007, at 9:30 a.m.
19:13:26:19 >>CHARLIE MIRANDA: Move to open number 11.
19:13:29:06 >>GWEN MILLER: All in favor, aye.
19:13:30:12 Opposed, aye.
19:13:36:13 >>ABBYE FEELEY: Abbye Feeley, Land Development.
19:13:38:21 The following item before you Z07-68, located 9302
19:13:45:09 North 28th Street is requesting a rezoning from RS-60

19:13:49:10 to PD, planned development, to create two 44-foot lots
19:13:56:04 and construct two single-family homes.
19:13:58:15 There are no waivers requested with this petition.
19:14:02:03 To orient you to the site, this is 28th here to the
19:14:15:00 east, 27th to the west.
19:14:17:09 Busch Boulevard to the south and Annie Street to the
19:14:20:04 north.
19:14:20:15 What I did for you, you'll see the red-and-blue map,
19:14:27:07 and I'll go into that analysis a little bit further in
19:14:30:09 a minute.
19:14:31:04 The predominant character of the area is single-family
19:14:34:18 residential.
19:14:35:03 There has been infill development.
19:14:42:27 Those lots that have been built out at 60 feet or
19:14:46:00 greater, so the RS-60, they have a width of 60 feet or
19:14:50:21 greater.
19:14:51:06 Some of them, as you can see here from the north corner
19:14:53:10 of Annie, are a lot and a half or a little bit more
19:14:57:03 than that.
19:14:57:28 In some cases, it is two lots.
19:15:00:12 The blues there are those that have been developed at
19:15:02:09 RS-50 or greater, which are 50 feet in width.
19:15:05:21 Here is a picture -- let me take these other pictures
19:15:12:01 off for you there.
19:15:13:09 Here's a picture of the site.

19:15:15:00 It does have a large tree.
19:15:21:06 Little bit hard to see.
19:15:25:24 One of those larger lots immediately to the south.
19:15:36:18 As I had stated, there have been a lot of new homes
19:15:40:03 built along this street.
19:15:42:21 This is the house directly across the street from the
19:15:44:24 lot.
19:15:45:09 Little hard to see, but preserved a tree there.
19:15:48:01 Here are some of the other larger ranch-style homes in
19:15:52:24 the area.
19:15:53:13 The petitioner is proposing to rezone the property
19:15:57:18 located at 9302 North 28th Street from RS-60 to PD to
19:16:03:12 create two buildable lots that will be 6,119 square
19:16:08:18 feet each.
19:16:09:06 The site currently has 88 feet of frontage.
19:16:12:04 So they would be creating two 44-foot lots.
19:16:17:22 The PD setbacks for each of the lots are -- I'm sorry,
19:16:21:10 for the north lot is going to be 30 feet front, 61 feet
19:16:26:21 in the rear, 12 feet in the north side and 7 feet on
19:16:30:18 the south side.
19:16:31:13 The lot on the south will also have a 30-foot front, 61
19:16:34:25 and one seven-eighths rear, nine feet eight
19:16:36:12 three-fourths, north side yard, and seven foot south
19:16:36:12 side yard.
19:16:42:04 The minimum building separation is 16 feet.

19:16:45:27 The maximum height would be 27 feet.
19:16:48:18 We have reviewed this against the regulations, and I
19:16:55:25 did find this site inconsistent.
19:16:57:16 I feel that what they are trying to do here is create
19:17:00:18 two 44-foot lots which are smaller than RS-50 lot in
19:17:05:03 frontage.
19:17:05:22 There are no lots in the area, as you can see on that
19:17:08:07 red and blue map that have been developed at any
19:17:11:15 smaller than that.
19:17:12:09 In addition, what they are proposing are two-story
19:17:14:18 houses for the lot and for the pictures that I showed
19:17:16:21 you, the character of the neighborhood is predominantly
19:17:19:22 single-family, single-story homes.
19:17:21:28 And some of them built on those larger lots.
19:17:24:07 I do feel that it is inconsistent with the surrounding
19:17:26:25 character of the neighborhood, and what they are
19:17:29:12 proposing is incompatible.
19:17:30:27 I don't know that necessarily redesigning the homes.
19:17:34:15 I think the major thing here is that you're starting
19:17:36:12 out with lots only 44 feet in width on a current lot
19:17:39:24 that's 88 feet of frontage.
19:17:42:00 Many of the lots in this area are a lot and a half and
19:17:45:27 platted.
19:17:46:21 They were 50 feet so a lot and a half would be 80 feet
19:17:49:16 of frontage.

19:17:50:16 Those are some of the red lots that are shown on your
19:17:53:18 site plan.
19:17:54:06 I'm sorry, on your aerial.
19:17:55:28 Therefore, Land Development Coordination finds this
19:18:01:15 plan -- this proposal inconsistent with the city's Land
19:18:04:12 Development regulations.
19:18:06:15 >>GWEN MILLER: Dingfelder.
19:18:07:27 >>JOHN DINGFELDER: Thank you.
19:18:08:10 Abbye, looking at the red and blue map, if you can put
19:18:12:12 it back up, not to make this political or anything --
19:18:19:27 >> We just use red and blue.
19:18:21:19 Easy to see.
19:18:24:22 >>JOHN DINGFELDER: There are quite a few skinny blue
19:18:28:06 lots up and down 28th Street and a little bit on the
19:18:31:19 backside there on 27th Street.
19:18:34:06 When did those occur?
19:18:38:00 Do we have any history on those?
19:18:39:28 Were those split by this Council, and if so, do we know
19:18:43:24 when?
19:18:44:09 And are those -- is it fair to say that those are
19:18:47:00 typically about 44, 45 feet?
19:18:50:01 >>ABBYE FEELEY: No, sir.
19:18:51:09 I do not have historical data when those were actually
19:18:55:18 split, but they are -- all of those lots are 50 feet or
19:18:59:13 greater.

19:19:00:03 A lot of them are 58 feet.
19:19:01:22 Some of them are 54 feet.
19:19:03:07 They just don't hit the 60 feet that the red is showing
19:19:06:13 you, but none of them are less than 50.
19:19:09:12 >>JOHN DINGFELDER: So we're not showing any rezoning
19:19:13:03 petitions on the rest of these blues.
19:19:18:21 >>ABBYE FEELEY: No, unfortunately not.
19:19:20:25 I may have been more supportive had this happened at a
19:19:24:01 corner end on one of the blocks.
19:19:25:19 It is mid block right in the middle.
19:19:31:06 >>JOHN DINGFELDER: No precedent of less than 50 along
19:19:33:13 that --
19:19:34:12 >>ABBYE FEELEY: There isn't.
19:19:35:01 Mostly what I found is the lots were platted at 50, but
19:19:38:15 a lot of the legal descriptions are 50 plus the south
19:19:42:25 ten feet of.
19:19:43:21 And then this block would then pick up the lot plus the
19:19:48:03 10 feet here.
19:19:48:24 So most of them are -- I'm sorry, 50 plus five feet.
19:19:54:15 Sorry about that.
19:19:55:07 50 feet plus five.
19:19:56:18 So most of them are 55 or somewhere in the 54 range
19:20:01:00 given the legal.
19:20:02:06 That's why I think you see, like here, a cluster of
19:20:05:09 three of them because the middle one was broken up a

19:20:08:18 little bit.
19:20:09:06 Or more.
19:20:25:18 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
19:20:28:03 I have been sworn.
19:20:29:00 The site in question is located on the terrace park
19:20:44:00 Neighborhood Association within the terrace park
19:20:46:03 Neighborhood Association boundaries.
19:20:47:19 It is in close proximity to Busch Gardens.
19:20:50:06 As you can see, this is several blocks west of Busch
19:20:53:01 Gardens site, which has land use category of urban
19:20:56:03 mixed use 60, which is also predominant land use
19:20:59:04 category along east Busch Boulevard.
19:21:01:00 Then you have some residential 20 which is the darker
19:21:04:18 color.
19:21:05:00 Residential 10 land use category.
19:21:06:25 The comprehensive plan looks at the general character
19:21:09:27 of the area, and as one can see, the predominant use
19:21:13:24 and character of this area is single-family detached
19:21:16:18 residential.
19:21:17:06 There is no evidence of duplex or multifamily use in
19:21:20:15 the area.
19:21:21:00 The character is steadfastly single-family detached.
19:21:25:12 As far as the actual types of uses in the area,
19:21:28:03 specifically as far as the single-family detached is
19:21:30:01 used, there are a variety of architectural styles.

19:21:33:03 There's no standard style in the area.
19:21:35:12 There is evidence of new home lot building going on in
19:21:38:18 the area, of course.
19:21:40:04 And what we have is a variety of different
19:21:42:25 architectural styles and variety of lot sizes as
19:21:46:00 evidenced by the degree of nonconforming lots in the
19:21:48:06 area.
19:21:48:25 The two splits would create lots in excess of 6,000
19:21:52:12 square feet each.
19:21:53:12 As far as the comprehensive plan is concerned, the
19:21:55:25 consistency of the area, there are only two homes.
19:21:58:09 There are no stormwater issues in the area.
19:22:00:09 So we don't feel that there's any adverse impacts that
19:22:03:24 will be imposed upon the residential area, and there
19:22:06:19 will be no detriment to the actual neighborhood
19:22:09:06 character of the area.
19:22:10:09 Planning Commission staff finds the proposed request
19:22:13:16 consistent with the comprehensive plan.
19:22:16:12 >>GWEN MILLER: Petitioner?
19:22:17:06 >> My name is Mario Espaillat, E-s-p-a-i-l-l-a-t.
19:22:36:18 P.O. Box 342066, Tampa, Florida, 33694.
19:22:41:03 I'm representing the petitioner, Felix Martinez.
19:22:44:06 >>MARTIN SHELBY: Sir, have you been sworn in?
19:22:46:04 Thank you.
19:22:46:24 >> I've been sworn.

19:22:47:15 what we're proposing after you heard the staff -- what
19:23:01:07 we want to bring up to you is by creating those two
19:23:04:00 lots, we know it's 44-foot, the front of the lot.
19:23:07:12 But we're creating lots bigger than what the zoning
19:23:12:03 requires, more than 6,000 square feet per lot.
19:23:15:06 And we want to really make sure that you understand
19:23:19:03 that even though we're making two-story houses, we're
19:23:22:03 making -- the houses are small compared to the
19:23:25:25 neighborhood.
19:23:27:01 I mean, they are almost the same as all the houses that
19:23:30:13 are there.
19:23:31:03 Just because they are two story doesn't mean we're
19:23:33:06 getting out of the character of the neighborhood.
19:23:34:24 Plus, the setbacks.
19:23:38:27 We're allowing bigger setbacks than the code requires
19:23:44:24 in those lots.
19:23:46:09 I think it's 7.5 feet over there.
19:23:48:12 We're leaving 12 feet on one -- north side 10 feet and
19:23:55:07 on the front, we're going 30 feet.
19:23:57:00 So the house is set farther back from the street, so it
19:24:01:00 doesn't look like we're really -- the scale of house
19:24:04:09 not interfering with the architecture and the character
19:24:06:21 of the street.
19:24:07:10 We brought here some drawings that shows -- the
19:24:22:18 architecture of the houses that we're presenting here,

19:24:25:24 because we presented to staff some plans, and they said
19:24:28:18 that we should change the plan to bring it to the
19:24:32:15 architecture of the area, we thought that -- let me
19:24:42:15 show on aerial view of the two houses.
19:24:45:19 So you can see the setbacks really are bigger than what
19:24:51:18 is allowed in that area over there.
19:24:54:03 About the trees, we're not taking any trees.
19:25:16:13 There's a big tree like she showed on the front of the
19:25:19:19 property.
19:25:20:04 We're preserving all the trees that need to be
19:25:22:16 preserved.
19:25:23:27 By doing this development here, we're taking care of
19:25:30:24 some melaleuca and some brazilian pepper that needs to
19:25:34:07 be taken out over there, too.
19:25:37:01 >>GWEN MILLER: Any questions Council members?
19:25:41:10 >>CHARLIE MIRANDA: I have one for the staff.
19:25:42:18 The gentleman before us said he met all and exceeded
19:25:45:24 the setback of regulation for that neighborhood or that
19:25:49:16 street.
19:25:50:04 Can you bring us a little more current to reality?
19:25:54:03 >> Yes, they do meet the setback requirements for an
19:25:57:22 RS-50 zoning.
19:25:59:07 They are not asking for any waiver.
19:26:01:16 >>CHARLIE MIRANDA: When I heard 30-foot, 61 feet -- 12
19:26:05:00 to the north and 7 to the south on one, then I heard

19:26:08:07 30, 61, 9, and 9 point 8 something and something else.
19:26:14:04 I want to make sure that's all in conformity with what
19:26:16:22 he just stated.
19:26:17:22 >> Yes, however on RS-50 minimum lot size requirement
19:26:20:25 of 5,000 square feet with 50 feet of frontage.
19:26:23:18 They only have 44 feet of frontage for both of these
19:26:27:09 lots, so they are six feet deficit on both lots.
19:26:31:06 >>CHARLIE MIRANDA: If you look at the total number of
19:26:32:16 square footage, they do exceed RS-50?
19:26:35:27 >> Yes, they exceed RS-60.
19:26:38:15 And RS-60 of 6,000 square feet would require 60 feet of
19:26:39:28 frontage for both of those lots.
19:26:44:21 >>CHARLIE MIRANDA: I'm very sensitive.
19:26:46:18 A lot of areas they come after the Council members for
19:26:48:18 this.
19:26:49:03 I understand that.
19:26:50:07 >>GWEN MILLER: Is there anyone in the public want to
19:26:55:00 speak on item number 11?
19:26:57:15 >>CHARLIE MIRANDA: Move to close the public hearing.
19:26:59:10 >>GWEN MILLER: We have a motion and second to close.
19:27:00:21 All in favor of the motion, aye.
19:27:13:03 >>CHARLIE MIRANDA: Move an ordinance because it meets
19:27:16:07 the criteria even though I had one the city staff that
19:27:19:22 was inconsistent, Planning Commission that was
19:27:21:27 consistent, and these are one 50%.

19:27:25:04 You do 50%, you don't.
19:27:26:27 But I'm satisfied after looking at the review of
19:27:29:12 hopefully what they going to do that they showed us
19:27:32:07 that it certainly looks nice in the area.
19:27:34:21 I move an ordinance rezoning property in the general
19:27:36:27 vicinity of 9302 north 28th Street in the City of
19:27:40:00 Tampa, Florida, more particularly described in section
19:27:42:09 1 from zoning districts classification RS-60,
19:27:47:12 residential single-family, and PD, planned development
19:27:50:00 single-family detached residential, providing an
19:27:51:21 effective date.
19:27:57:15 >>GWEN MILLER: We have a motion and second.
19:27:58:27 All in favor, aye.
19:28:00:04 Question on the motion?
19:28:07:27 Mr. Dingfelder.
19:28:10:00 >>JOHN DINGFELDER: I'm sort of surprised.
19:28:11:25 This is typically a pretty active Neighborhood
19:28:13:16 Association.
19:28:14:09 And they are not here, so I don't know what that says.
19:28:19:03 They just missed it or they're okay with it.
19:28:21:24 It disturbs me a little bit because this is a very
19:28:25:24 narrow lot.
19:28:26:21 What they are creating are two 44-foot lots and there's
19:28:30:12 no precedent for that up and down the entire street.
19:28:33:15 We've had other situations where once you start

19:28:36:16 allowing this, then pretty soon you get knockdowns and
19:28:42:24 pretty soon that starts happening in the entire area
19:28:46:24 and then they rely on what we did as precedent.
19:28:49:22 But if the community is okay with it by their absence,
19:28:58:15 then, you know, well, staff recommends denial, but
19:29:02:09 anyway, I guess what I'm going to do, I'm going to
19:29:05:15 support it for first reading.
19:29:08:00 By the second reading I'm sure the neighborhood will
19:29:09:27 have heard more about it and the Neighborhood
19:29:11:18 Association.
19:29:12:06 And if they have strong objections, I guess they'll
19:29:15:09 come see us on second reading.
19:29:17:00 So I think that's fair.
19:29:18:07 With all due respect to staff, I'll go ahead and
19:29:21:09 support it.
19:29:23:06 >>MARY MULHERN: I think -- you know, we see this map
19:29:27:12 and there's nothing on here with that narrow lot.
19:29:32:27 And it looks -- it looks to me like it's a lot
19:29:39:04 smaller -- the lots will be a lot smaller and it will
19:29:42:24 be setting a precedent.
19:29:44:00 It's not a question of this might set a precedent.
19:29:46:18 Once you do it, it sets a precedent.
19:29:48:22 The first one, we have three fairly long blocks here,
19:29:51:27 and there aren't any lots that narrow.
19:29:55:15 And apparently not many two-story -- are there any

19:29:58:27 two-story homes?
19:30:00:07 No two-story homes.
19:30:02:03 So I'm going -- I'm not going to be able to vote for
19:30:05:22 this, and I think that -- why the neighborhood is not
19:30:10:03 here, I don't know, but this isn't consistent with the
19:30:14:12 neighborhood.
19:30:14:24 So I'm going to vote against it.
19:30:16:16 >>GWEN MILLER: We have a motion and second.
19:30:17:27 All in favor of the motion, aye.
19:30:19:19 Opposed, nay.
19:30:21:18 >>THE CLERK: The motion carried with Mulhern voting no.
19:30:24:13 Second reading and adoption will be held on
19:30:26:27 October 18th, 2007, at 9:30 a.m.
19:30:29:28 >>GWEN MILLER: We need to open item 12.
19:30:31:24 Motion and second.
19:30:32:21 All in favor, aye.
19:30:35:15 [Motion Carried]
19:30:40:01 >> I think I might have given you all my aerials.
19:31:25:00 Sorry about that.
19:31:35:18 The next petition Z 07-69 located at 4806 north Habana
19:31:43:21 Avenue, and they are requesting a rezoning from RS-50,
19:31:47:04 single-family residential to RO-1, residential office.
19:31:51:27 The petitioner is requesting a series of waivers, one
19:31:54:13 to reduce the required buffer from 15 feet to 11 feet
19:31:58:21 three inches on the west side.

19:32:00:06 One to reduce the required buffer of 15 feet to six
19:32:03:16 feet two inches on the north side.
19:32:05:22 A waiver to reduce the required buffer of 15 feet to
19:32:08:21 three feet six inches on the south side.
19:32:11:00 A waiver to allow the use of a six-foot PVC or similar
19:32:15:27 type fence in lieu of a required six-foot masonry wall.
19:32:19:12 Reduction of required vehicle use area greenspace from
19:32:22:24 20% to 14% per section 13161 with payment of fee in
19:32:27:27 lieu and a reduction of required parking spaces from 13
19:32:31:09 to 11 spaces, a total of two spaces.
19:32:34:04 Go ahead and acquaint you with this site.
19:32:45:01 It is located on north Habana with Louisiana to the
19:32:48:13 north and Osborne to the south.
19:32:51:03 Showing you the zoning Atlas, there are a series of
19:32:57:21 professional offices that have gone in along Habana.
19:33:01:03 You can see that through the PD designation.
19:33:03:21 There's also a residential RO-1 immediately across
19:33:07:12 Habana to the east that I'll show you in a photo that
19:33:13:09 is a converted residential structure into an office.
19:33:16:01 You have some neighborhood community to your north and
19:33:19:15 some additional RO residential office to the north as
19:33:23:03 well on the corner of violet.
19:33:26:07 The petitioner provided some photos.
19:33:30:12 I'm going to do some photos of the site as well.
19:33:34:21 This is the subject site.

19:33:41:22 It's a little better photo of the parking area.
19:33:45:04 There are single-family uses on this segment.
19:33:51:03 There are three structures on the block face of Habana,
19:33:55:03 and two of them are single-family uses and this one is
19:33:58:18 located in the center and is converting to the
19:34:00:24 residential or requesting to convert to residential
19:34:03:15 office use.
19:34:04:24 This is the one located on the south of Osborne and
19:34:11:12 Habana.
19:34:13:21 This is a view looking south, immediately south of
19:34:17:24 Osborne.
19:34:18:12 This is the medical offices that are located there.
19:34:21:13 This is the RO-1 property immediately across Habana to
19:34:25:07 the east.
19:34:26:13 Get a little better feel for that one there.
19:34:30:03 And this is a brand-new -- this is the PD on the south
19:34:36:03 side of Osborne -- I'm sorry, on the southeast corner
19:34:39:18 of Osborne and Habana that is just getting finished
19:34:43:15 now, a medical office as well.
19:34:45:03 The petitioner is proposing to rezone the property to
19:34:52:12 rehabilitate an existing residence to a
19:34:55:03 2,080-square-foot medical office.
19:34:59:03 The existing height is 20 feet for the one-story
19:35:01:24 structure.
19:35:01:28 They've provided photos of the existing facade as

19:35:04:19 elevations.
19:35:05:12 You can see them attached to your site plan.
19:35:07:04 The setbacks of the existing building are 15 feet, 9
19:35:10:06 inches on the east fronting on Habana.
19:35:13:07 Six foot nine on the north side, 26 feet, two inches on
19:35:16:09 the south side and 57 feet, one inch on the west side.
19:35:19:12 The petitioner is providing 11 parking spaces,
19:35:22:07 including three compact spaces and one handicapped
19:35:25:00 space.
19:35:25:28 Based on the square footage, 13 spaces are required,
19:35:29:19 therefore they are requesting a waiver for the deficit.
19:35:32:00 Staff has reviewed this petition against the code of
19:35:34:06 ordinances and finds this petition consistent with City
19:35:36:25 of Tampa ordinances.
19:35:52:07 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
19:35:54:03 I have been sworn.
19:35:55:03 The area in question is located in fairly close
19:36:02:27 proximity to St. Joseph's Hospital.
19:36:05:00 A regional medical facility.
19:36:08:18 Also located between the two arterial roads of
19:36:12:10 Dr. Martin Luther King Jr. Boulevard to the south and
19:36:15:03 Hillsborough Avenue to the north and, of course, Habana
19:36:19:06 Avenue which the site is located on the west face.
19:36:23:12 As Ms. Feeley has already stated to you, the subject
19:36:25:18 site is located between two residential units.

19:36:27:24 The land use category in question over here was
19:36:29:16 residential 35 which allows consideration of
19:36:31:09 nonresidential uses, and it does meet locational
19:36:35:09 criteria.
19:36:35:15 In addition, policy 4.1 of the future land use element
19:36:37:15 of the Tampa comprehensive plan allows consideration
19:36:40:21 for this particular area, this particular segment of
19:36:43:07 Habana to be considered for nonresidential uses,
19:36:46:13 specifically all medical uses as it is in close
19:36:49:24 proximity to a regional medical facility.
19:36:52:13 To show you a little bit more as far as how the area
19:36:57:12 has been trending a little bit more as far as what
19:37:00:13 Ms. Feeley stated to you, here is the proposed site,
19:37:08:04 what the proposed use will be.
19:37:10:10 You have residential, residential, then office, office,
19:37:12:24 office, residential, residential, office, office,
19:37:15:12 office, office a lot of office and, of course, this is
19:37:18:21 the newest offices catty corner to the site in
19:37:22:24 question.
19:37:23:06 You do have a pretty good trend.
19:37:25:27 You have anywhere from three to two residential units
19:37:32:03 on this particular corner, what you would call the cap
19:37:36:18 of the block along Habana Avenue.
19:37:38:24 Most of those corners are trending toward the
19:37:42:15 nonresidential use such as a low density to mid density

19:37:45:01 office or a medical office use.
19:37:46:25 The planning Commission staff found the proposed
19:37:48:24 request consistent with the comprehensive plan.
19:37:51:03 >>GWEN MILLER: Petitioner?
19:37:58:24 >> Good evening.
19:37:59:06 I'm Michael Horner, 14502 North Dale Mabry Highway
19:38:04:01 representing the applicant and owners.
19:38:06:15 I have been sworn.
19:38:07:15 With me tonight, Madam Chair, is Mr. and Mrs. Mauricio
19:38:14:18 and their daughter, Karen Mauricio, who happens to be
19:38:14:18 the realtor who has been trying to sell this for the
19:38:14:18 past year and a half, two years, and unfortunately, has
19:38:19:19 not had great success trying to market for
19:38:22:06 single-family use.
19:38:23:09 We have offices surrounding the parcel with the
19:38:26:22 exception of those noted residential structures
19:38:29:10 provided by staff.
19:38:32:25 You can see the pink that I've outlined, which reflects
19:38:35:24 the office corridor of Habana, north-south.
19:38:38:24 We are located in this red spot, office, office,
19:38:42:25 office, office, office.
19:38:44:19 This brand-new office, this extended parking office
19:38:48:22 building, and then office as well further south.
19:38:51:24 I think Mr. Mauricio almost had a heart attack at the
19:38:58:03 first DRC meeting when he was handed 15 pages of

19:39:01:16 comments.
19:39:01:27 But he turned to me and said, I have to do what is
19:39:05:25 required.
19:39:06:10 I have to do what is fair.
19:39:07:24 And I have to do what is reasonable.
19:39:09:06 We engaged landscape architect.
19:39:11:06 We're proposing a plan that addresses tree aeration of
19:39:14:15 roots, tree protection systems for the PVC versus the
19:39:18:16 six-foot concrete wall to maintain the root systems.
19:39:21:27 We have asked for relocation for three brand-new
19:39:25:22 magnolia trees on the front of Habana.
19:39:28:18 We are displacing a magnolia tree in the back which we
19:39:31:18 think has stress, crack fractures to it.
19:39:34:06 Therefore, we are seeking the ability to put three new
19:39:37:18 magnolia trees on the front side.
19:39:39:21 We have asked for two parking spaces to allow for
19:39:42:12 greater separation of that buffer on the west side.
19:39:45:00 In fact, it was our initial plan about a four-foot
19:39:48:00 buffer.
19:39:48:15 We've increased that to approximately eleven feet five
19:39:51:06 inches.
19:39:51:24 Ironically, just this week, there's an aerial
19:39:58:01 catty-corner to the northeast, the owner contacted us.
19:40:02:15 The shoemans and they have asked us to move forward
19:40:04:27 with the rezoning to residential office on their house

19:40:07:21 as well.
19:40:08:03 It is a trend.
19:40:08:21 St. Joe's has influenced this entire area.
19:40:11:09 My client has had the opportunity of accommodating a
19:40:15:00 lady dentist who wants to keep the house, just remodel
19:40:19:07 it.
19:40:19:25 We think it's an appropriate transition.
19:40:21:18 We talked to the neighbors.
19:40:22:27 We have some letters in support.
19:40:24:04 I don't think we have any opposition tonight.
19:40:25:21 We have all consistency findings with the Planning
19:40:27:12 Commission as well as the staff.
19:40:28:19 We are asking for some waivers.
19:40:30:00 It's tough to retrofit an existing site and meet all
19:40:32:28 your city standards and code requirements, but we've
19:40:35:09 done the best job we can.
19:40:36:21 We think it provides adequate protections.
19:40:38:16 With that, I would be happy to answer any questions.
19:40:41:18 Thank you.
19:40:42:15 >>GWEN MILLER: Anyone in the public want to speak on
19:40:44:03 item number 12?
19:40:45:24 Anyone want to speak on item number 12?
19:40:48:25 >>MARY MULHERN: I did have a question for you.
19:40:51:04 The reduction, there are a lot of reductions in the
19:40:54:06 setbacks.

19:40:54:21 Is that because of the parking requirements?
19:40:58:03 >> It is, as well as a reduction in the waiver.
19:41:00:03 If we could reduce the parking spaces to seven feet
19:41:03:09 deep or eleven feet deep instead of the 18, we could
19:41:06:21 meet all full buffer requirements, Ms. Mulhern.
19:41:09:16 The setback requirement on the front, that waiver is
19:41:11:19 because the house was not built meeting the current
19:41:14:13 setback requirement for the office development.
19:41:16:09 So we've done the minimum encroachment.
19:41:18:18 We try to do compact spaces in the carport area.
19:41:23:03 We offered the grand tree protection on the northwest
19:41:25:10 corner.
19:41:25:21 The Drake elms.
19:41:27:16 Done a pretty creative job of the perforated pipe to
19:41:31:06 capture stormwater runoff.
19:41:33:15 We think we have the absolute minimum waivers
19:41:36:03 necessary.
19:41:36:18 >>GWEN MILLER: Any other questions by Council members?
19:41:38:18 Need to close.
19:41:39:13 We have a motion and second to close.
19:41:41:06 All in favor, aye.
19:41:43:16 [Motion Carried]
19:41:47:12 >>JOHN DINGFELDER: I move an ordinance rezoning
19:41:48:27 property in the general vicinity of 4806 north Habana
19:41:51:18 Avenue in the City of Tampa, Florida, more particularly

19:41:53:10 described in section 1 from zoning district
19:41:55:06 classifications RS-50, residential single-family to
19:41:57:19 RO-1, residential office, medical office, providing an
19:42:01:07 effective date.
19:42:01:18 And there are any staff changes on that?
19:42:04:15 No.
19:42:07:24 Okay.
19:42:08:09 >>GWEN MILLER: All in favor, aye.
19:42:10:04 >>THE CLERK: The motion carried unanimously.
19:42:12:24 Second reading and adoption will be held on
19:42:14:19 October 18th, 2007 at 9:30 a.m.
19:42:18:13 >>GWEN MILLER: We have a motion and second to open 13.
19:42:39:27 >> Jill, Land Development Coordination.
19:42:50:28 I have been sworn.
19:42:51:21 We are here for petition Z07-71 located at 4312, 4316,
19:42:57:28 4318 North Hubert Avenue, 4313 North Coolidge Avenue
19:43:02:27 and 4300 and 4308 Dr. Martin Luther King Jr. Boulevard.
19:43:09:12 This petition is currently zoned RM-16 residential
19:43:13:03 multifamily requesting a rezoning to CI, commercial
19:43:16:15 intensive.
19:43:17:10 The petitioner is proposing to rezone the property to
19:43:21:10 commercial intensive which would allow a higher level
19:43:23:19 of intensity use on the site.
19:43:25:15 The 57,411-square-foot site is located in RM-16 zoning
19:43:31:19 district, and is adjacent to blocks containing other

19:43:35:03 commercial intensive uses on the north, east and west
19:43:39:15 sides with multiple family residential on the south.
19:43:42:03 This is a Euclidean rezoning request, and therefore, it
19:43:45:06 must comply with all regulations set forth under the
19:43:47:27 zoning district and may not request any waivers to the
19:43:50:12 site.
19:43:50:22 Here we have a zoning map of the area.
19:44:03:18 Dr. Martin Luther King.
19:44:05:03 This is the site.
19:44:05:28 You can see it's CI.
19:44:08:21 Very heavily CI and IG all in this area.
19:44:12:01 Here is an aerial of the site.
19:44:20:00 You have Lois to the east and Manhattan to the west.
19:44:28:00 This is the actual site.
19:44:33:16 There are several parcels included in this.
19:44:45:22 This is directly across to the north.
19:44:54:16 This is at the northeast corner, kitty corner from the
19:45:00:01 site.
19:45:00:12 This is located directly to the east of the site.
19:45:05:00 This site is over here.
19:45:06:18 This is to the east.
19:45:08:06 Located to the west.
19:45:11:12 These are some of the houses that are further down on
19:45:17:18 the block.
19:45:18:09 Staff finds this rezoning request to be consistent with

19:45:24:15 our regulations.
19:45:26:06 I do have two comments, though, that I would like to
19:45:29:01 put on the record.
19:45:30:09 The first one is from landscaping.
19:45:32:15 And they just want it to be known that at the time of
19:45:35:24 permitting, a tree survey will be required together
19:45:39:07 with the site plan to show the protective radius from
19:45:41:18 the existing protected trees.
19:45:44:03 Tree table of debits and credits required.
19:45:46:21 Petitioner should be aware the site is over one acre.
19:45:48:28 Therefore, 50% of the trees need to be preserved.
19:45:51:13 And parks and recreation also which -- there are two
19:45:58:01 grand trees that are off site but within 20 feet of the
19:46:02:15 property line.
19:46:03:09 Therefore, they need to take precaution when
19:46:05:12 developing.
19:46:06:03 Thank you.
19:46:06:15 And I'm available if you have any questions.
19:46:18:03 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
19:46:21:09 I have been sworn in.
19:46:22:18 The site is located in the Drew Park area.
19:46:27:27 Logistically, it's located just west of Lois Avenue,
19:46:33:04 which is the north-south arterial road, which goes
19:46:36:03 right through all the way to Hillsborough Avenue from
19:46:38:18 Tampa Bay Boulevard, which is located farther to the

19:46:41:04 southeast of this particular site.
19:46:42:15 Also within close proximity to this site on the east
19:46:44:28 side of Lois Avenue is Hillsborough Community College.
19:46:47:21 The site is located on the southern face of Dr. Martin
19:46:51:12 Luther King Jr. Boulevard.
19:46:52:12 As you can see, the predominant land use category along
19:46:54:24 this southern face of Martin Luther King is heavy
19:46:58:18 commercial 24 which allows consideration for commercial
19:47:00:28 intensive request being made by the applicant.
19:47:04:00 You have residential 20 further to the south as one
19:47:06:24 leaves Martin Luther King, one can see the transition
19:47:08:24 of intensity reduces.
19:47:10:15 The gray color is light industrial which allows not
19:47:14:19 only all the commercial uses of neighborhood
19:47:16:09 commercial, general commercial and intensive commercial
19:47:19:16 but also allows light industrial uses and general
19:47:23:12 industrial uses.
19:47:24:06 That is also the predominant land use category north of
19:47:27:03 MLK.
19:47:28:03 The Planning Commission finds the proposed request
19:47:30:09 consistent with the comprehensive plan.
19:47:31:27 >>GWEN MILLER: Mr. Miranda has a question.
19:47:34:15 >>CHARLIE MIRANDA: Can you tell the Council what is
19:47:36:24 across on the north side of the property?
19:47:39:07 >>TONY GARCIA: No.

19:47:40:06 >>CHARLIE MIRANDA: Used to be a trailer park.
19:47:41:15 It's no longer there.
19:47:46:03 >> It was a test.
19:47:47:06 >>GWEN MILLER: You failed the test.
19:47:48:18 >>CHARLIE MIRANDA: You failed again.
19:47:49:21 You are 0 for 10.
19:47:51:19 >>TONY GARCIA: I would just plead ignorance.
19:47:53:12 That's the safest thing to do because I know you were
19:47:56:07 setting me up, Mr. Miranda.
19:47:58:10 >> Jeremy Couch, 14031 North Dale Mabry Highway.
19:48:02:00 I have been sworn representing the applicant.
19:48:04:03 We agree with the staff's findings, and it's an auto
19:48:08:21 body shop that they just want to turn from multifamily
19:48:10:27 zoning into the commercial zoning that is in character
19:48:13:15 with the rest of the neighborhood.
19:48:14:28 And I'm here if you have any questions.
19:48:16:27 >>GWEN MILLER: Is there anyone in the public want to
19:48:18:13 speak on item 13?
19:48:28:28 >> Good evening, council members, Jeanette LaRussa
19:48:31:18 Fenton, City of Tampa Economic and Urban Development
19:48:33:19 Department, and I have not been sworn.
19:48:37:01 >>GWEN MILLER: Anyone else who came in who will speak
19:48:42:09 that has not been sworn in.
19:48:46:21 (Oath administered by clerk).
19:48:53:03 >> I am appearing tonight in my capacity as the manager

19:48:56:12 for the Drew Park CRA as this subject property is
19:49:01:09 located within the Drew Park CRA.
19:49:03:15 The Drew Park CRA advisory committee was provided a
19:49:06:25 report on this rezoning petition and discussed it at
19:49:10:15 length.
19:49:10:27 That occurred at their September 17th meeting.
19:49:14:06 In addition, Mr. Allred, one of the petitioners, Travis
19:49:18:21 Allred appeared at that time and informed the committee
19:49:22:07 members that there is a potential buyer for the site
19:49:25:06 who is interested in developing it as a private
19:49:28:24 recreation facility or a sports complex.
19:49:31:18 The Drew Park advisory committee voted 3-2 in support
19:49:36:24 of the petition to rezone.
19:49:39:03 However, there was a lot of discussion and there were
19:49:41:06 several concerns that were raised that the committee
19:49:44:09 wanted to have relayed to City Council, and I would
19:49:46:15 like to go over those quickly with you, if I may.
19:49:49:18 First of all, is the issue with adult use.
19:49:52:03 The C-1 zoning does allow for adult use with a special
19:49:57:03 use one permit.
19:49:58:21 Of course, that's subject to review and approval by the
19:50:01:01 zoning administrator.
19:50:01:21 In addition to the adult use, the CI also allows some
19:50:07:00 other uses that might be considered objectionable by
19:50:10:15 the community and are not really consistent with the

19:50:13:12 redevelopment plans that are envisioned in the Drew
19:50:16:06 Park strategic action plan.
19:50:17:25 And those are things like a crematorium, a bar or a
19:50:21:12 lounge, a bottle club.
19:50:23:03 And keep in mind that these things would not require a
19:50:26:12 special use permit.
19:50:27:03 They would automatically be allowed if a CI zoning is
19:50:30:10 granted.
19:50:30:28 The other concern had to do with the residential, the
19:50:36:12 RM-16 that abuts the site immediately to the south.
19:50:39:10 There was some concern about going to a CI zoning
19:50:42:24 immediately adjacent to that RM-16.
19:50:45:15 Finally, some of the committee members did raise a
19:50:48:15 concern that this rezoning is not consistent with the
19:50:51:06 Drew Park strategic action plan recommendation.
19:50:53:27 You recall that the plan was adopted by the Council
19:50:57:18 back in March of '07.
19:50:59:21 We have not proceeded with implementing the land use
19:51:02:28 recommendation.
19:51:04:09 However, this is not consistent with what those
19:51:07:10 recommendations are.
19:51:08:24 That plan recommends that the land use of HC-24 go into
19:51:14:13 a CMU-35.
19:51:16:09 And this zoning would not be consistent with that.
19:51:19:03 Again, the caveat is those are merely recommendations.

19:51:22:12 They have not been implemented and we don't know if
19:51:24:16 they will be implemented in the future.
19:51:26:22 We also wanted to let you know that there were
19:51:30:28 alternatives discussed with the petitioner at the
19:51:33:18 meeting.
19:51:34:00 One of them was a PD zoning which would provide a
19:51:38:24 specific site plan and specific use.
19:51:40:16 This way you would eliminate the uncertainty of what
19:51:42:24 might go there once you have the CI zoning.
19:51:45:07 In addition, we also pointed out to the petitioner that
19:51:48:10 if they were going to develop a recreational or a
19:51:51:09 sports complex, that that could be done under the
19:51:54:19 existing RM-16 with a special use permit, and I defer
19:51:58:09 to my colleagues.
19:51:59:09 I believe that that is correct.
19:52:00:27 So that you wouldn't necessarily have to go to a CI to
19:52:04:21 do a recreational complex.
19:52:06:06 In conclusion, Council members, this is a prime piece
19:52:09:15 of property, a prime site on a major corridor, a
19:52:13:03 gateway corridor in Drew Park.
19:52:16:28 Mr. Allred is a long time property owner and business
19:52:20:09 man in Drew Park and we believe he has the best of
19:52:22:18 intentions and we look forward to working cooperatively
19:52:24:16 with him.
19:52:25:06 And with the new property owners on developing this

19:52:27:27 important site.
19:52:28:18 I'll be happy to answer any questions.
19:52:32:04 >>CHARLIE MIRANDA: I was going to ask the legal staff a
19:52:34:21 question.
19:52:35:03 There was a concern brought up right now at this time
19:52:39:12 about, what do you call those places, nude dancing or
19:52:47:18 whatever you want to call them.
19:52:49:06 Adult use.
19:52:50:03 Isn't there -- if I recall, this was done through the
19:52:57:18 courts, and they've picked out I don't know how many
19:52:59:21 sites in Hillsborough County.
19:53:01:01 Is that still holding water, or has it changed or do
19:53:05:18 you know or do we not know?
19:53:08:04 >>JULIA COLE: Julia Cole, Legal Department.
19:53:10:15 I'm not familiar with that courthouse and as it relates
19:53:14:06 to where -- I know there are specific sites that --
19:53:19:09 that were looked at as to whether or not there were
19:53:21:27 sufficient number of sites so we didn't have a
19:53:23:18 constitutional issue.
19:53:24:12 But I don't think that is the issue that Ms. Fenton is
19:53:29:16 pointing to.
19:53:30:01 I think what she's saying -- what I hear her saying, at
19:53:32:12 least, and I understand this is what she's trying to
19:53:34:21 say, is that you have an area that has RM-16 -- that is
19:53:39:03 adjacent to CI, but you would be adding additional CI,

19:53:43:03 and CI has within it a variety of uses, including it
19:53:47:27 does allow for potential adult use.
19:53:50:15 It would need an additional permitting process for
19:53:53:01 that.
19:53:53:12 That would not come back to City Council.
19:53:54:28 It would allow for crematorium.
19:53:57:16 It would allow for other uses that are relatively
19:54:00:27 intense.
19:54:01:16 There is a Drew Park plan, I believe it was adopted by
19:54:04:28 the CRA.
19:54:05:18 It has not been implemented.
19:54:07:06 So that isn't really a basis for your decision, but I
19:54:11:06 think it is a basis for your decision what the wrists
19:54:14:04 are of different uses in the CI and whether or not that
19:54:17:03 list of uses is appropriate given its proximity to the
19:54:20:09 RM-16 property.
19:54:22:19 >>CHARLIE MIRANDA: Thank you very much.
19:54:23:12 It seems kind of -- the Council before us or some of
19:54:32:03 us, passed this thing in March knowing that some other
19:54:38:03 Council would take office in April.
19:54:39:15 So they passed a plan that they were never going to
19:54:42:10 deal with, those that are not here no longer.
19:54:45:07 What I'm saying, we're dropped the hot potato and we
19:54:49:15 either have to throw it away, unwrap it or do something
19:54:52:12 else with it.

19:54:53:21 I know this is not part of the zoning.
19:54:55:21 I want Drew Park to be Drew Park.
19:54:58:28 I need commercial industrial area in the city close to
19:55:03:07 the airport and that's what I have now.
19:55:04:27 Whether the petition -- I'm going to speak directly to
19:55:07:00 the petitioner, if I may, Madam Chair, if there's no
19:55:11:00 other zoning classification that fits your needs, how
19:55:14:01 come you didn't use it?
19:55:17:22 >> Jeremy couch.
19:55:19:24 I think the petitioner, he's looking at his retirement.
19:55:22:15 He's been in the community for over --
19:55:25:00 >>CHARLIE MIRANDA: Wait a minute.
19:55:25:10 This is not about retirement.
19:55:27:06 This is about a zoning.
19:55:28:06 I'm looking for retirement, too.
19:55:30:06 >> Yes, sir, understand.
19:55:31:06 He didn't want to limit his options as to what he could
19:55:33:27 do with the parcel.
19:55:34:24 The parcel to the east and parcel to the west all CI.
19:55:38:09 We apply for that because it would be consistent with
19:55:40:15 everyone else in the neighborhood.
19:55:42:00 >>CHARLIE MIRANDA: But the one to the east is a road,
19:55:44:03 Coolidge, that divides the two properties, am I
19:55:46:12 correct?
19:55:47:09 >> That's correct.

19:55:47:21 And to the west.
19:55:50:03 >>CHARLIE MIRANDA: And to the west.
19:55:51:24 I don't quite get it when there's a strip of land
19:55:54:03 between the two buildings how you're going to bridge
19:55:56:21 across.
19:55:57:27 >> Are you assuming that maybe we should go down --
19:56:00:21 >>CHARLIE MIRANDA: I'm not making any assumption.
19:56:02:03 That's your part.
19:56:03:00 I'm just telling you the facts I have.
19:56:05:18 I understand, and he's been an outstanding citizen.
19:56:08:07 Been there with auto repairs for many years.
19:56:15:00 I think they were the BRISKO brothers.
19:56:18:09 I don't want to tangle with them either.
19:56:20:27 >> To be honest, he wanted to go with the CI zoning
19:56:23:15 because it had the most flexibility.
19:56:26:06 >>CHARLIE MIRANDA: If I heard right, there is an
19:56:27:28 individual who wants to develop some sort of a sports
19:56:31:21 complex.
19:56:32:09 >> Maybe, maybe not.
19:56:33:15 He doesn't have any plans currently to sell the
19:56:36:00 property.
19:56:36:15 He's had people approach him to buy the property.
19:56:38:18 But he doesn't have any specific plans in mind.
19:56:42:12 >>CHARLIE MIRANDA: I'm asking for help here.
19:56:54:03 >>MARY MULHERN: Charlie, actually, I have a question

19:56:58:24 for you.
19:56:59:09 I'm looking at this, the rezoning he's asking for is
19:57:04:15 CI, which is what he's got on either side of him.
19:57:09:24 So you were saying -- talking about a bridge.
19:57:14:19 >>CHARLIE MIRANDA: Well, he's talking about, if I
19:57:16:01 remember, where you see Martin Luther King and then you
19:57:18:15 see -- if he has CI on the other side, what he has is
19:57:25:03 brisco brothers and then Fabians and then the auto
19:57:29:18 place, glass place and then the driver's license and
19:57:32:22 then the jail where I've never been there, and then you
19:57:36:09 have Legends Field, all in that order.
19:57:48:16 >>MARY MULHERN: Well, I just feel that you're asking
19:57:54:12 for this very general thing, which doesn't give us very
19:57:58:21 much to go on as far as --
19:58:00:18 >>CHARLIE MIRANDA: I'm not against the whole thing.
19:58:01:28 I want to find out the reasoning, why the things that
19:58:04:03 were said were said.
19:58:05:16 And when I'm looking at this, not that I'm 100% correct
19:58:10:12 all the time, it didn't make Spanish bean soup to me.
19:58:18:15 >>THOMAS SCOTT: I guess I need to ask a couple of
19:58:21:00 questions of Ms. Fenton.
19:58:22:21 One is, you stated the advisory board approved this
19:58:25:15 3-2, the recommendation to move forward 3-2.
19:58:29:13 >> That's correct.
19:58:30:09 >>THOMAS SCOTT: However, there are some reservations

19:58:31:27 given the fact that this particular zoning is for adult
19:58:35:07 use, which Drew Park have more adult use than any other
19:58:38:24 neighborhood in the area really already.
19:58:40:09 So I'm really concerned about that.
19:58:42:15 And then I'm concerned when you said Council adopted
19:58:46:03 the strategic plan but it has not been implemented.
19:58:48:28 Now, what does that mean?
19:58:51:24 >> The land use portion of the strategic action plan
19:58:56:10 has not been implemented.
19:58:57:15 The plan has many, many recommendations.
19:59:00:06 >>THOMAS SCOTT: Why hasn't it been implemented?
19:59:02:21 >> It is something we feel needs to be studied a little
19:59:05:00 further.
19:59:06:09 There is some controversy and some concerns associated
19:59:08:07 with some of the land use recommendations.
19:59:10:28 Because of that, we are going to study it further
19:59:13:06 before proceeding with implementation.
19:59:16:27 >>JOHN DINGFELDER: Just adopted in March as Mr. Miranda
19:59:19:18 indicated.
19:59:20:03 Even implementing it would have taken a while.
19:59:24:04 >>THOMAS SCOTT: And I guess I have the same question
19:59:26:25 you have, Mr. Miranda.
19:59:28:27 That is why the CI.
19:59:31:03 You have to keep in mind, this is RM-16 now.
19:59:35:00 And I recognize that you got CI on each side.

19:59:38:18 But that appear to be the only place.
19:59:41:18 That I can see.
19:59:43:00 The question is still out there, why the CI?
19:59:49:27 >> I'm not sure if it's completely clear on the zoning
19:59:52:19 map but everything to the north and around to the west
19:59:55:03 is all IG zone.
19:59:57:06 Directly abutting across the street is all IG with CI
20:00:00:04 to the east and west.
20:00:00:18 To the south is the only portion that is RM-16.
20:00:07:24 >>JOHN DINGFELDER: Could you put that zoning map back
20:00:09:21 up?
20:00:10:01 It is a little confusing.
20:00:12:25 [not speaking into microphone]
20:00:37:03 >>JOHN DINGFELDER: And what's on the face there of --
20:00:39:06 immediately next door to the west, what's on the face
20:00:42:12 of MLK?
20:00:43:16 Is that the CI?
20:00:47:03 >> Yes.
20:00:51:00 >>JOHN DINGFELDER: My question and sort of comment as
20:00:53:16 related to Mr. Miranda, and again, going back to the
20:00:56:19 petitioner, and I think Ms. Fenton mentioned this as
20:01:01:13 well, is a lot of times when you -- when we're faced
20:01:05:21 with these kind of situations, petitioner comes in with
20:01:10:16 a PD.
20:01:11:12 And I think somebody mentioned a PD.

20:01:15:03 I can't remember.
20:01:19:27 Which basically allows you to continue the use that you
20:01:21:27 have with the buildings that you have or any other
20:01:23:27 additions that you might want to add.
20:01:25:27 But it limits the use, you know, or that you could have
20:01:33:03 a list of limited uses and then we wouldn't have the
20:01:35:21 adult use concern, because we do have an -- we do have
20:01:39:24 an adult use concern in Drew Park.
20:01:42:04 That's no secret.
20:01:45:15 And that would be my only concern.
20:01:47:24 I don't have a real big concern about adding another CI
20:01:50:09 along there because there are a lot of industrial uses
20:01:53:16 right there along MLK.
20:01:55:15 IG across the street.
20:01:56:22 CI on your side of the street.
20:01:58:03 But my big concern is, if we do that, and he wants to
20:02:01:18 get out of the business and sell, the next person who
20:02:04:15 comes along could do potentially an adult use.
20:02:09:03 I can't demand that, but I guess I would encourage that
20:02:13:21 you all consider just continuing this and coming back
20:02:16:01 with a PD.
20:02:18:06 >>CHARLIE MIRANDA: Thank you, Madam Chair, for allowing
20:02:20:16 me to go before Ms. Mulhern.
20:02:22:16 Let me say this, when you mentioned IG, there's a
20:02:27:10 reason why everything is zoned IG.

20:02:30:12 I'll tell you what it is.
20:02:31:18 Back in the mid '80s, it was all residential to some
20:02:35:24 degree.
20:02:36:04 The good people of Drew Park, where there was many,
20:02:42:06 many homes at that time saw what they thought was an
20:02:45:27 opportunity because they felt encroaching from the
20:02:47:27 airport to their properties.
20:02:49:10 So they had a vote taken among themselves to change all
20:02:54:18 this that you see IG to IG.
20:02:58:21 I, like Mr. Dingfelder, I have nothing wrong to see a
20:03:02:00 change if there's some way we could do it amicably so
20:03:05:27 that the city and those dwellers that are left, there
20:03:08:15 are about 30 or 40 owner-occupied homes and I would
20:03:12:01 like to protect them as much as I protect anyone else,
20:03:15:21 that that can happen.
20:03:17:01 And I think if we have just a little clarity somewhere,
20:03:20:27 I can't guarantee anything, but it certainly looks like
20:03:23:09 the sun may shine.
20:03:26:01 >> Okay.
20:03:26:16 I understand that.
20:03:27:01 I guess we could request for a continuance then.
20:03:31:15 >>CHARLIE MIRANDA: It's up to you.
20:03:32:12 You could if you wanted to.
20:03:36:21 >> I guess the only thing I would like to add --
20:03:39:04 >>CHARLIE MIRANDA: I'm not trying to give you a hard

20:03:40:21 time, neither are other Council members.
20:03:42:27 We want to make certain that the rebirth of Drew Park
20:03:45:07 is done right.
20:03:47:06 >> I guess we would like to request a continuance and
20:03:49:24 go back and restrategize.
20:03:53:06 >>CHARLIE MIRANDA: Legal Department wants to say
20:03:54:27 something.
20:03:55:00 >>JULIA COLE: Legal Department.
20:03:56:16 If it is petitioner -- if he's comfortable moving
20:04:00:15 forward as a PD, it would not be a continuance.
20:04:03:03 It would be just allowing him to resubmit.
20:04:07:15 So it would be a motion just to allow him to resubmit
20:04:09:07 and he would start kind of over in the process.
20:04:10:28 The other alternative that I was looking at with staff
20:04:14:12 was he also would have a right to go to a CG zoning,
20:04:17:21 which would be consistent with his comprehensive plan
20:04:21:15 designation.
20:04:22:15 And I think consistent with some of the concerns raised
20:04:25:22 by Ms. Fenton, because it does have a lesser amount of
20:04:29:21 uses.
20:04:30:06 And I think some things like crematory, adult use, et
20:04:33:18 cetera, wouldn't be --
20:04:34:09 >>JOHN DINGFELDER: Would not?
20:04:34:09 >>JULIA COLE: Would not be allowed in a CG.
20:04:36:12 >>JOHN DINGFELDER: Can it go to a CG tonight with a

20:04:36:12 less intense use and we can just move on?
20:04:36:21 >>JULIA COLE: I would have to go and amend that
20:04:49:10 ordinance and bring it back to you, but, yeah, that's
20:04:51:18 something we could do tonight.
20:04:54:03 I can explain why for the purposes of the record.
20:04:56:03 Because what we've noticed was a CI, and it's a more
20:04:57:28 intense use than a CG, and so therefore, we comply with
20:05:00:28 our notice requirements, and we haven't had first
20:05:03:12 reading on the ordinance yet.
20:05:06:09 >>CHARLIE MIRANDA: To continue the same conversation, I
20:05:08:12 want to say that I agree with that philosophy, but in
20:05:11:00 the future, I would like for the petitioner, whoever
20:05:15:03 may be out there listening to this, and the city to
20:05:17:16 also realize that when you come in, don't just speak
20:05:20:03 about the box.
20:05:21:07 Speak about outside of the box.
20:05:23:12 This could be adult use, why don't you go for the other
20:05:28:00 one.
20:05:28:15 Know what I'm saying?
20:05:29:19 I want to help all of you out, but at the same time, I
20:05:31:27 want to preserve the rights of everyone.
20:05:34:00 I'm finished, Ms. Mulhern.
20:05:38:03 >>MARY MULHERN: Thank you for recognizing me,
20:05:39:10 Mr. Miranda.
20:05:40:18 I was going to ask it and then Julia, but this would

20:05:44:16 probably be a question for Ms. Feeney.
20:05:46:15 Industrial general, which is -- would be consistent
20:05:52:03 with that neighborhood, what would that allow?
20:05:57:18 Because Mr. Miranda was saying that's what the
20:06:00:06 neighborhood asked for back in the '80s.
20:06:06:18 >> For the IG, they can do, obviously, industrial uses.
20:06:10:27 The warehousing, trucking, loading docks.
20:06:17:22 >>MARY MULHERN: But not commercial.
20:06:18:25 >> They could do a certain amount of commercial uses,
20:06:23:00 yes.
20:06:24:03 >>MARY MULHERN: So I would ask that our staff
20:06:27:13 actually -- you probably did recommend one of these
20:06:30:18 other uses.
20:06:31:21 >> Well, I also want to mention, though, what they have
20:06:34:22 present on the site, some of it is major auto body
20:06:38:15 repair which would not be allowed in the CG zoning
20:06:41:25 district.
20:06:43:00 I'm sorry.
20:06:43:22 I didn't mean to push Jill out of the way.
20:06:46:00 When I was making my recommendation, I wasn't aware
20:06:48:10 that he had the current use on his property that is a
20:06:50:21 nonconforming use.
20:06:51:27 And one of the purposes behind the CI would be to make
20:06:54:09 it conforming.
20:06:56:01 >>MARY MULHERN: Okay.

20:06:56:21 So perhaps my getting a chance to speak might have
20:07:01:10 helped things out.
20:07:02:15 Because what about industrial general?
20:07:05:13 Would that make it a conforming use, the auto body
20:07:08:12 shop?
20:07:09:09 >> Yes, that would be more of a concern, however,
20:07:11:19 because that would be directly abutting.
20:07:13:25 We usually use sometimes commercial as more of a
20:07:17:27 transitional use between residential and industrial.
20:07:22:15 It's a softer transition as opposed to -- because you
20:07:24:07 can sometimes get quite intensive uses inside IG.
20:07:27:24 That would be directly abutting with no alley, nothing
20:07:31:06 separated.
20:07:32:16 >>MARY MULHERN: So south of orient, that's all RM-16.
20:07:37:18 >> Yes, that's correct.
20:07:38:28 All RM-16.
20:07:41:16 >>MARY MULHERN: My question about IG then, would that
20:07:44:07 allow -- does IG allow adult uses and crematory?
20:07:53:03 >> The answer to the question, yes.
20:07:55:01 I have had a chance to speak with the petitioner.
20:07:58:12 Given the current use of the property, would he need to
20:08:01:10 have either a CI or go to a PD.
20:08:03:21 Speaking with him, he would prefer to move forward with
20:08:05:21 the CI and see where that goes.
20:08:08:15 And he would still keep his legal nonconforming use of

20:08:12:04 the property as a body shop, even if the CI were not to
20:08:16:12 move forward, he would be able to retain that.
20:08:19:24 >>JOHN DINGFELDER: He doesn't want the PD --
20:08:22:12 >> That is what I'm hearing.
20:08:24:03 >> Jeremy couch representing the applicant.
20:08:25:27 Sir, the client has -- the applicant has no plans to
20:08:29:15 develop the site.
20:08:31:04 To go and design a site plan and show preserving trees
20:08:35:03 and parking spaces and layouts of the site and uses,
20:08:38:12 it's not really what he was looking for.
20:08:40:12 He has a body shop that's in a current residential
20:08:44:00 zoning, and he just wanted to flip it over to a
20:08:46:22 conforming commercial zoning.
20:08:49:00 I understand the concern with the adult use, but like
20:08:53:03 you say, you have the provision for the special use,
20:08:56:27 and I think that would protect the city, you know, from
20:08:59:18 having that kind of usage as well.
20:09:04:00 >>GWEN MILLER: Is there anyone else in the public want
20:09:05:27 to speak?
20:09:08:25 >>THOMAS SCOTT: Sir, I'm going to say this to you, you
20:09:12:03 should have told this Council that in the beginning,
20:09:14:24 somebody should have told us what you wanted instead of
20:09:17:25 all this vague and running around here for the last 20
20:09:20:15 minutes.
20:09:21:00 We could have gotten to this issue.

20:09:22:22 I think you've been very disingenuous tonight on this
20:09:26:09 petition.
20:09:26:24 >> I'm sorry, Mr. Scott.
20:09:28:07 I do not believe me to do that.
20:09:30:00 When we got the staff report back, everything seemed
20:09:33:04 consistent.
20:09:33:24 The Planning Commission seen it consistent.
20:09:38:12 We had no idea that the Euclidean zoning would create
20:09:41:03 such a problem.
20:09:43:01 >>MARTIN SHELBY: Council, I had heard the petitioner
20:09:44:27 request this Council for a continuance.
20:09:47:09 I just want to be clear on what his intent is.
20:09:50:19 >>JOHN DINGFELDER: He changed his mind.
20:09:55:18 >> I guess I would like to request a continuance.
20:09:59:03 I don't see that the Council is feeling really good
20:10:01:15 about having this as a CI.
20:10:03:18 I would like to go back and sit down with the applicant
20:10:06:16 and see if I can talk him into doing the PD and refine
20:10:11:09 it that way.
20:10:13:21 >>CHARLIE MIRANDA: What date would you like?
20:10:15:18 >>GWEN MILLER: He can't give us a date.
20:10:21:03 >> Under our new procedures, Land Development can set
20:10:24:06 the date.
20:10:24:27 We can do that from our end.
20:10:27:19 >>MARTIN SHELBY: There's an open public hearing that

20:10:29:12 needs to be continued.
20:10:30:21 Sir, you are aware that you have the right today to
20:10:37:21 have Council vote on this.
20:10:39:12 Do you understand that?
20:10:41:13 >> If he decides to go to a PD, I would like to push --
20:10:47:15 in order to have time to do the development review
20:10:50:12 committee meeting with him.
20:10:55:15 >>MARTIN SHELBY: He would have to renotice as a PD, is
20:10:58:16 that correct?
20:10:59:24 >> Yes.
20:11:05:22 >> The only open dates we have as of right now would be
20:11:12:09 11/29 would be the closest.
20:11:15:04 >> So moved.
20:11:17:00 >>CHARLIE MIRANDA: Second.
20:11:17:25 >>GWEN MILLER: We have a motion and second to continue
20:11:19:10 to November 29th at 6 p.m.
20:11:22:12 All in favor of the motion, aye.
20:11:25:18 [Motion Carried]
20:11:25:24 We need to open 14 and 16 together.
20:11:28:16 >>CHARLIE MIRANDA: So moved.
20:11:32:03 >>GWEN MILLER: We have a motion to open 14 and 16.
20:11:35:09 All in favor of the motion, aye.
20:11:37:21 Opposed, nay.
20:11:38:15 [Motion Carried]
20:11:47:18 >>CATHERINE COYLE: Catherine Coyle, Land Development.

20:11:49:27 I will be presenting case Z07-11, vacating of Ward
20:11:56:04 Street.
20:11:56:19 The petitioner is requesting to vacate that portion of
20:12:14:15 Ward Street fronting from Cleveland to Kennedy
20:12:17:07 Boulevard lying between Gardenia Avenue and Sherrill
20:12:20:24 Street.
20:12:21:09 You'll notice that there is a lesser portion reduced
20:12:25:15 originally it was from Cleveland.
20:12:28:01 However, there is a piece on the southern side that is
20:12:30:09 now carved out.
20:12:31:18 >>JOHN DINGFELDER: Just a point of order.
20:12:33:18 Cathy, are you presenting the PD and the vacating?
20:12:37:22 >>CATHERINE COYLE: I will be presenting just the
20:12:39:00 vacating.
20:12:40:15 >>JOHN DINGFELDER: Will your staff follow up -- I mean,
20:12:44:03 are we merging this together because I don't think we
20:12:45:27 can look at the vacating in isolation.
20:12:49:01 >>CATHERINE COYLE: That's something I discussed with
20:12:50:09 Mr. Shelby, actually.
20:12:51:24 I would imagine that the majority of the audience
20:12:54:00 behind me wants to speak on both.
20:12:55:25 So there will be three minutes for each petition.
20:12:58:24 It is really up to you on how you want to proceed with
20:13:02:19 the items.
20:13:03:12 It's normally common procedure we open both together

20:13:05:22 and staff follows each other and the petitioner speaks.
20:13:08:12 However, you'll have people who will want to speak to
20:13:10:28 both issues.
20:13:11:21 I don't know if you want to give them six straight
20:13:13:24 minutes or three minutes on each item.
20:13:16:12 >>GWEN MILLER: We're going to do what we usually do.
20:13:18:03 You speak and staff follow up and we hear.
20:13:27:27 >>MARY MULHERN: Can I speak?
20:13:30:16 >>JOHN DINGFELDER: I think I still had the floor,
20:13:32:06 actually.
20:13:32:16 I never relinquished the floor.
20:13:34:24 >>GWEN MILLER: You stopped talking.
20:13:36:09 >>JOHN DINGFELDER: I got the point of order.
20:13:37:27 I just wanted to make sure that you're not just going
20:13:43:12 to speak to the vacating in isolation.
20:13:45:12 So if you're going to do the vacating, I would like to
20:13:49:27 then hear from the rest of your staff so they can
20:13:52:03 discuss what the PD is.
20:13:54:19 >>CATHERINE COYLE: In the sequence that you'll hear it,
20:13:56:15 then knowing that, as long as the Council is in
20:13:58:18 agreement to that, I will speak.
20:14:00:21 Melanie Calloway will speak following me because she
20:14:04:06 has something to say about the vacation.
20:14:06:06 Abbye Feeley will follow with the rezoning presentation
20:14:08:27 and then Tony Garcia will speak from the Planning

20:14:11:09 Commission.
20:14:11:24 And that will complete the staff.
20:14:13:24 >>JOHN DINGFELDER: The other part of my point of order
20:14:15:21 that somebody has now raised is three minutes.
20:14:20:04 Typically, when we've merged these, we've only allowed
20:14:22:24 folks to speak three minutes total -- three minutes per
20:14:26:28 person total for the vacating and the rezoning.
20:14:29:16 I think we need to be clear on that going in.
20:14:37:04 >>GWEN MILLER: If we did them separate, they would
20:14:39:15 speak three on the vacating and three on the -- that's
20:14:43:15 why she was merging so they wouldn't have to speak --
20:14:46:06 >>JOHN DINGFELDER: We need to be clear going in so
20:14:48:01 people know what to expect.
20:14:50:09 >>MARTIN SHELBY: If I can rule, your conduct of
20:14:52:21 business during public hearings, individual members --
20:14:54:24 I'm sorry.
20:14:55:09 That's the wrong thing.
20:14:57:27 3-5-C, City Council may establish time limits for
20:15:01:22 members of the public to address Council.
20:15:03:21 Unless such time limit is otherwise established each
20:15:06:12 member of the public shall be limited to three minutes.
20:15:08:19 Members of the public addressing Council shall observe
20:15:10:27 all time limits that may apply.
20:15:12:15 You have separate rules for petitioners in
20:15:15:01 quasi-judicial, but as Council member Dingfelder did

20:15:18:10 state, traditionally when you take these items up
20:15:20:21 together and they are related, you have limited in the
20:15:23:22 past speakers to three minutes.
20:15:25:18 So it's Council's decision.
20:15:28:07 >>JOHN DINGFELDER: Likewise, the petitioner would not
20:15:29:18 be able to double their time.
20:15:31:07 The petitioner will have one, whatever our time is, 15
20:15:34:27 minutes.
20:15:35:24 >>MARTIN SHELBY: It's 30 minutes presently --
20:15:39:03 >>JOHN DINGFELDER: Not an hour.
20:15:40:18 >>GWEN MILLER: Ms. Mulhern.
20:15:42:21 >>MARY MULHERN: Okay.
20:15:43:19 Looking at this, we can't really vote on a zoning.
20:15:48:12 This project couldn't go through unless they have the
20:15:51:24 vacation.
20:15:53:03 >>MARTIN SHELBY: That's correct.
20:15:54:28 >>MARY MULHERN: So I think it's fine --
20:15:57:04 >>CATHERINE COYLE: In the current format, that's
20:15:58:15 correct.
20:15:59:07 >>MARY MULHERN: Right.
20:15:59:22 But I think it's fine to hear it all together because
20:16:02:06 it goes together.
20:16:03:21 But I think we need to vote on the vacating that street
20:16:08:19 first.
20:16:11:15 >>GWEN MILLER: We'll vote on it separate.

20:16:13:03 But we're going to hear it all together but vote
20:16:15:06 separate.
20:16:15:28 Okay, Ms. Coyle.
20:16:17:24 >>CATHERINE COYLE: I'll amend briefly what I said.
20:16:19:09 Wilson Stair will be following me and then Ms. Calloway
20:16:23:00 on the vacating issue.
20:16:25:06 >>JOHN DINGFELDER: Sorry for the interruption.
20:16:26:21 >>CATHERINE COYLE: No problem.
20:16:27:19 You'll notice, as I said, the original request was from
20:16:30:07 Cleveland to Kennedy.
20:16:31:15 It was amended.
20:16:33:06 The southern piece of Ward Street was taken out, and
20:16:37:00 you can see there is a jog here.
20:16:42:27 -- [not speaking into microphone] -- on the east and
20:16:47:21 west side.
20:16:48:10 Based on the objections received from DPW,
20:16:53:09 transportation, change in traffic pattern and urban
20:16:55:15 design related to the street grid, staff does object to
20:16:58:06 this vacating request.
20:16:59:21 If approved there will be easements reserved for
20:17:03:06 Verizon, stormwater, TECO and water.
20:17:06:09 There are additional conditions within the PD rezoning
20:17:10:09 which you will hear regarding transportation and
20:17:12:25 sanitary sewer.
20:17:13:24 The vacated portion of Ward proposed is 26,000 square

20:17:17:18 feet.
20:17:18:10 I'll go back briefly just so you can see it in the
20:17:28:21 picture.
20:17:29:06 This is looking south on Ward.
20:17:32:19 If you see where the iron fence stops here and the wall
20:17:37:13 comes out here, this is the line where it would
20:17:40:22 actually be closed, physically be closed.
20:17:45:16 I will note for Council just to give you an idea, this
20:17:51:16 leads into Mr. Stair's and Ms. Calloway's presentation,
20:17:55:24 just to orient you to the site on this grid, you have
20:17:59:21 Hoover on the west side.
20:18:01:18 There's a stoplight.
20:18:02:22 This is Kennedy running along the north.
20:18:05:01 There is a light here.
20:18:07:03 There is a light at Gardenia, Occident and at
20:18:11:18 Westshore.
20:18:12:18 Westshore is running north-south here.
20:18:14:21 The parallel street running east-west to the south is
20:18:17:16 Cleveland and then Platt and then Azeele is the other
20:18:22:10 main to the south.
20:18:23:13 You'll notice that Hoover is a through street.
20:18:25:27 It is open with a light.
20:18:27:27 O'Brien is blocked.
20:18:29:24 Sherrill is blocked.
20:18:31:09 Ward is open.

20:18:32:04 Traverses to the south.
20:18:34:24 Gardenia is blocked with the light.
20:18:37:21 Occident is cul-de-sacked with the light and Westshore
20:18:42:18 runs -- what you see are the cul-de-sac of the two
20:18:46:12 streets.
20:18:46:22 These are a straight blocking of it.
20:18:48:12 It is just squared out.
20:18:50:06 That's how it is physically built.
20:18:51:25 The green circle indicates to you that none of the
20:18:53:28 streets are vacated.
20:18:55:03 They are physically closed, however none of them have
20:18:57:09 been vacated.
20:18:58:12 I wanted to note that for the record.
20:19:00:04 That leads into Mr. Stair's comments on his objection
20:19:03:07 regarding the street grid and Ms. Calloway's objection
20:19:05:18 from transportation related to the street pattern.
20:19:25:24 >> Good evening, Wilson Stair, Architectural Review and
20:19:29:12 Urban Design Division.
20:19:30:22 And I have been sworn.
20:19:34:00 Thank you.
20:19:34:15 I'm objecting just in general because it's good urban
20:19:41:28 design policy to hold to grid systems within cities.
20:19:49:06 Normally within the traditional neighborhood in the
20:19:53:03 city, it's not -- it's not a gated community.
20:19:57:07 Grid systems give people more options, choices in terms

20:20:02:06 of where to turn.
20:20:06:24 They make distances shorter where you get a chance.
20:20:09:21 The graphic that I passed out to you, and I'll -- the
20:20:30:19 way Ward Street works, it's a north-south, it comes
20:20:38:27 right in through South Royal Poinciana Drive.
20:20:47:01 There's a small jog there, but if you follow all the
20:20:51:03 way south, it's more or less a vertical street.
20:20:56:03 In other words, it goes north-south, and other streets
20:21:00:07 can feed into it.
20:21:02:03 And although along Kennedy you have the four streets
20:21:10:03 that Cathy pointed out that are cul-de-sac, if you look
20:21:16:00 at Ward Street, it's somewhat in the middle and it
20:21:20:03 feeds to other grids that really can feed into it.
20:21:27:06 I've been out to the site two or three times during the
20:21:31:10 week.
20:21:31:21 And once on the weekend.
20:21:33:09 And it's still a viable street.
20:21:36:13 There's traffic going back and forth and people using
20:21:38:27 it.
20:21:39:12 I think that for the purposes of circulation, the
20:21:48:12 street still has many assets.
20:21:51:03 A lot of the people, there's a bank right next to
20:21:59:27 Kennedy that a lot of people do use, but there's also a
20:22:04:00 lot of traffic going south down Ward Street.
20:22:12:09 I have a couple of other photos just so you can get an

20:22:24:28 idea of this jog that goes -- it breaks at Azeele, but
20:22:32:04 it's a slight jog, but it still works.
20:22:36:21 This is looking north right here at South Poinciana.
20:22:44:06 But you cross Azeele, and it goes back into Ward
20:22:50:21 Street.
20:22:51:09 Again, this is showing the jog.
20:22:56:24 It's not much.
20:22:59:09 This is looking south at the same jog.
20:23:04:00 And it's a little different, and it comes across as a
20:23:09:06 little more severe, but it still works very well.
20:23:12:21 Should Council decide that the development has merit
20:23:21:27 there are blocks in the downtown area that you have
20:23:27:24 remnant right-of-ways or two blocks with dead ends on
20:23:32:18 both sides that development in those cases are
20:23:37:15 sometimes warranted.
20:23:39:19 But in this case, I feel like this street works very
20:23:45:18 well the way it is.
20:23:48:12 But, however, should you decide that you feel the
20:23:54:18 development works and it's your decision to approve it,
20:23:58:00 I'll withdraw my objection.
20:24:00:00 That concludes my presentation.
20:24:01:28 If you have any questions.
20:24:03:18 >>MARY MULHERN: I had a question for you, Mr. Stair.
20:24:05:16 And Ms. Cole showed us that overhead.
20:24:09:03 Are all of these other north-south streets that are in

20:24:14:21 yellow on this, are these all cul-de-sacs at Cleveland?
20:24:21:21 >> Yes, ma'am.
20:24:22:13 >>MARY MULHERN: This is the only north-south street
20:24:23:25 that goes through, except for Hoover and Westshore.
20:24:26:28 >> Yes.
20:24:28:01 >>MARY MULHERN: Thanks.
20:24:43:01 >> Melanie Calloway, transportation.
20:24:45:15 I have been sworn.
20:24:46:15 I wanted to talk to you about my objection to
20:24:49:18 neighborhood access.
20:24:50:12 I do have a board over here that I can point to you
20:24:54:15 what I'm speaking about.
20:24:55:28 I wanted to point out how it is currently working in
20:25:13:18 this grid.
20:25:14:10 We have, as you can see, these are cul-de-sac'd,
20:25:20:06 O'Brien, Sherrill, Gardenia, Occident.
20:25:24:18 And then if you see along Westshore here, we have
20:25:28:24 several no left turn signs into the neighborhood.
20:25:31:22 They are really very restricted on their access to the
20:25:36:13 neighborhood as you can see.
20:25:37:16 Currently from 7 to 9 a.m.
20:25:39:12 They cannot make left turns onto these streets.
20:25:42:06 There are five streets they cannot make left turns
20:25:45:03 onto.
20:25:46:03 a.m. peak period 7 to 9 and p.m. peak period 4 to 6.

20:25:50:24 This is beach way.
20:25:52:27 There's Beach Park.
20:25:55:04 Other one here at Neptune way, here at Azeele.
20:25:58:27 I want you to also remember at Azeele we do have a
20:26:02:06 signal here.
20:26:02:21 Cannot make a left turn during peak period.
20:26:05:22 They have another one here at Cleveland.
20:26:07:21 I just wanted to prepare you that this is very
20:26:10:09 restricted now in restricting Ward Street would be just
20:26:15:18 another restriction for those neighborhood residents to
20:26:18:21 be able to get within the whole development.
20:26:21:06 I will be here for any questions that you have.
20:26:25:27 >>GWEN MILLER: Questions, Council members?
20:26:28:01 >>JOHN DINGFELDER: Ms. Calloway, what is the history of
20:26:31:27 the no left turns and especially at the light at
20:26:37:03 Azeele.
20:26:37:27 That surprises me.
20:26:39:03 I've probably breached that one.
20:26:41:27 [ LAUGHTER ]
20:26:42:04 I didn't even realize it was there.
20:26:47:07 Anyway, what's the history?
20:26:48:22 >> In 2002, our neighborhood traffic calming section
20:26:53:12 sent out letters to all the residents on this side of
20:26:58:18 Westshore, the west side of Westshore.
20:27:01:04 Sent out letters asking them how do they feel about

20:27:03:18 restricting the access, no left turns, how do you feel
20:27:07:15 about that?
20:27:08:13 It was almost a 50/50 split.
20:27:11:15 I think 58% for restricted left turn, the other
20:27:17:06 percentage no, they didn't want to do that.
20:27:19:10 A decision was made at that point by our manager to
20:27:22:06 place these restricted turning signs so they cannot
20:27:25:12 make left turns into the neighborhood.
20:27:27:01 Been installed since 2003.
20:27:30:22 >>JOHN DINGFELDER: What time can't you make a left
20:27:32:00 turn?
20:27:33:00 >> From 7 to 9 in the morning and 4 to 6 in the
20:27:36:09 afternoon.
20:27:36:19 Those are a.m. and p.m. peak periods, Monday through
20:27:39:21 Friday.
20:27:40:13 >>JOHN DINGFELDER: In other words, if you live in that
20:27:41:21 neighborhood and you're coming up west shore, you have
20:27:46:24 to circle out onto Kennedy and come back in.
20:27:50:18 >> -- left turn here on Ward to get you on Kennedy or
20:27:54:06 you have to go to Hoover, correct.
20:27:56:28 >>JOHN DINGFELDER: I guess I'm not the only one
20:27:59:03 breaching that.
20:28:01:00 >>GWEN MILLER: Ms. Mulhern.
20:28:02:28 >>MARY MULHERN: I'm sorry, I feel like I need to
20:28:05:09 disclose that I had a conversation about this rezoning.

20:28:09:06 And since we're hearing the vacating and the rezoning
20:28:12:28 at once, I feel like I should disclose it.
20:28:17:12 I just remembered it today when I started looking at
20:28:20:10 this.
20:28:20:21 So I'm sure it was a couple of months ago.
20:28:24:12 I don't think it was when there was a rezoning coming
20:28:27:24 up, but I did speak with Ron Weaver, Mr. Weaver, about
20:28:34:01 there being possible office building going in or mixed
20:28:39:12 use, retail office building going in on Kennedy.
20:28:43:06 There wasn't any talk of rezoning.
20:28:46:06 It was just that he was excited about this project and
20:28:49:00 was telling me about it.
20:28:50:25 But I just felt I should disclose this since we're
20:28:53:21 hearing it all together.
20:29:18:00 >> The rezoning petition that is associated with the
20:29:32:12 vacating that is before you this evening is case
20:29:34:27 Z07-79.
20:29:36:21 It is located at 4950, 5002 and 5010 West Kennedy
20:29:43:28 Boulevard.
20:29:45:03 Request is from PD planned development CN commercial
20:29:47:24 neighborhood and CG commercial general to PD planned
20:29:51:06 development retail, office, drive-in bank and college.
20:29:54:15 If you can refer to your staff report, page one, there
20:30:01:12 are a series of waivers, seven of them to be exact.
20:30:04:15 The first is in relation to the Kennedy overlay, and

20:30:07:28 that is to allow a reduction of the required buffer of
20:30:10:27 eight feet to two feet along Kennedy Boulevard and from
20:30:15:15 eight feet to four feet along Gardenia Avenue.
20:30:19:09 Isle talk to that a little further when you can look at
20:30:22:24 your elevation.
20:30:23:21 The second is to allow a reduction of the required
20:30:26:18 protected radius for protected trees from 10 feet to
20:30:29:15 four feet for up to three protected trees.
20:30:32:09 Section 1345 is the third to allow the trimming of a
20:30:35:27 grand tree outside of the protected barricade radii.
20:30:39:21 Section 27-246, to allow a reduction in the minimum
20:30:43:15 two-way drive aisle from 26 feet to 24 feet.
20:30:47:03 A reduction of the loading berths from six to four.
20:30:50:21 A waiver to allow the reduction of required bicycle
20:30:53:22 parking spaces from 98 to 21.
20:30:57:18 And several waivers here that are related to the
20:31:04:15 signage code, section 20.51 to allow one additional
20:31:09:13 ground sign.
20:31:11:03 One to allow for three of them to be located within the
20:31:15:15 required 10-foot setback from the right-of-way.
20:31:18:06 And one to allow the reduction and required distance
20:31:23:15 separation.
20:31:24:27 I can talk a little bit to those.
20:31:29:15 Familiarize you with the site for just a few minutes
20:31:33:18 and then talk about the summary of the request.

20:31:36:16 I think that many of you are familiar with the area
20:31:38:21 that we're talking about immediately south of the
20:31:41:24 Westshore mall, with Kennedy Boulevard to the north,
20:31:47:00 Gardenia Avenue to the east, Ward Street located in the
20:31:52:25 center of the site and Cleveland Street to the south.
20:31:55:27 Give you a little aerial here.
20:32:01:24 This is the Goodyear Tire store here.
20:32:06:06 There's an existing office building here on the west
20:32:08:16 side of the site.
20:32:09:12 On the east side is the Wachovia bank that also is a
20:32:13:06 multistory office building.
20:32:16:19 Here is a view of the existing office building.
20:32:20:28 It's kind of confusing with these.
20:32:24:10 Sorry.
20:32:24:25 Here is a view looking west from the corner of Ward and
20:32:30:12 Kennedy at the Goodyear Tire.
20:32:33:03 Continuing west, office building.
20:32:37:12 This is a view looking south down Ward in between the
20:32:42:24 two parcels.
20:32:44:15 This is the south end of the property on the west side
20:32:50:15 behind the Goodyear that is predominantly surface
20:32:55:04 parking right now.
20:32:56:00 Here is a view looking east that is also predominantly
20:33:00:03 surface parking right now with some landscape buffering
20:33:02:18 that services the Wachovia bank site.

20:33:04:27 And then this is the view looking north on Ward.
20:33:08:12 Across Kennedy.
20:33:10:03 The petitioner is requesting to rezone the property to
20:33:17:04 planned development to construct a mixed use
20:33:19:12 development with structured parking garage.
20:33:21:10 The property does contain 6.33 acres, and what they are
20:33:25:09 proposing is 91,200 square feet of retail.
20:33:29:03 This would include 45,600 on the bottom first floor,
20:33:33:24 which would be multi-tenant retail.
20:33:36:13 And 45,600 on the fourth floor, which would be also
20:33:43:01 retail.
20:33:43:24 And I believe proposed grocery.
20:33:46:10 The second and third floor would be an option of 91,200
20:33:51:03 square feet of office.
20:33:52:06 And if it was the office use, the office scenario, that
20:33:55:03 would be second and third floor so that would be 45,600
20:33:58:21 on each.
20:34:00:24 And -- or it could be a 45,600-square-foot fitness
20:34:06:22 center.
20:34:06:27 If it was the fitness center scenario, that would be
20:34:10:00 two stories in height.
20:34:11:03 You would still end up with a four-story building with
20:34:13:28 either of those options.
20:34:15:12 It could potentially be two stories of office in the
20:34:19:06 middle or one story of fitness center.

20:34:21:19 The office scenario would result in an additional
20:34:24:24 182,800 square feet for a total of 273,289 square feet
20:34:32:06 maximum.
20:34:32:25 The fitness center scenario would result in an
20:34:36:00 additional 137,000 -- 137,200 square feet for total of
20:34:42:10 227,689.
20:34:44:16 These are in addition to the existing Wachovia bank
20:34:47:28 that is propose -- building that is proposed to stay.
20:34:50:19 The setbacks on the north, they range from 27 feet to
20:34:55:07 the existing building to 55 feet for the proposed
20:34:59:07 building.
20:34:59:22 So the proposed building is going to be set back from
20:35:02:24 Kennedy further than, almost double the setback of the
20:35:07:21 existing Wachovia building.
20:35:09:16 The south would vary from 47 feet to 60 feet to the
20:35:13:16 structured garage.
20:35:14:16 I believe you can see that in your elevation.
20:35:17:00 There is a large landscape buffer located along the
20:35:20:00 south.
20:35:20:07 The west would range from 25 feet on the northern
20:35:23:16 portion of the site to 30 feet on the southern.
20:35:27:00 And the east would range from 50 feet on the northern
20:35:29:21 to the existing building to 10 feet on the southern for
20:35:32:25 the structured garage.
20:35:33:28 The project is required to have 980 parking spaces.

20:35:40:13 So the scenario containing the office on the second and
20:35:44:18 third floor, 907 for the scenario with the fitness
20:35:49:15 center, a total of 1,060 parking spaces are being
20:35:53:21 provided.
20:35:54:04 That is being provided in a combination of surface
20:35:57:04 parking located at the north side -- the north side of
20:36:02:12 the development along Kennedy and structured parking on
20:36:07:28 the south side.
20:36:08:25 The property is located within the Westshore area DRI,
20:36:12:19 and there are no capacity issues related to the
20:36:15:06 proposed mix of uses.
20:36:16:24 In relationship to our review, we have reviewed against
20:36:23:07 the regulations.
20:36:25:27 There was a finding of inconsistency, and I would like
20:36:29:24 to briefly go through those.
20:36:31:12 The first was that this rezoning is contingent on the
20:36:35:12 vacating of Ward, to let you know.
20:36:38:12 If that vacating is not approved, this rezoning cannot
20:36:41:12 move forward.
20:36:42:00 The second is that note number 32 needed to be revised
20:36:45:15 to include that any changes would be consistent with
20:36:50:04 the substantial change process.
20:36:51:12 The third was that there were a couple of notes that I
20:36:53:18 had asked the Legal Department to look at.
20:36:56:03 I believe Julia Cole will be speaking to those notes in

20:37:00:19 relation to their enforceability.
20:37:02:24 Land Development Coordination, landscape specialist had
20:37:07:04 one objection or one finding of inconsistency, and that
20:37:10:09 was just that a greenspace waiver needed to be added.
20:37:14:21 In all actuality, the site is providing more than the
20:37:17:22 vehicle use area greenspace required.
20:37:20:16 However, it is not meeting the standard of being
20:37:22:12 adjacent to the VUA.
20:37:25:03 And I want to just correct myself here.
20:37:26:27 This one is in relation to that front buffer I had
20:37:29:15 talked about.
20:37:30:03 They are asking for a waiver from eight feet to two
20:37:32:21 feet.
20:37:33:09 And you can see that on the site plan.
20:37:36:21 In some areas, it is larger.
20:37:39:00 They would need a waiver for that to pay fee in lieu
20:37:42:15 for that green space that they are waiving.
20:37:47:09 Landscape also had a comment, and I wanted to speak to
20:37:54:12 as well.
20:37:54:22 This is a large site.
20:37:55:25 So forgive me for going on.
20:37:59:00 They are saving three grand trees on the site.
20:38:03:21 You can see one located along the western side.
20:38:06:03 There are two located on the southern side of the
20:38:08:10 property.

20:38:08:21 They are being able to save those grand trees.
20:38:11:09 Landscape had discussed that in preserving the trees,
20:38:15:18 staff looked at the best trees to preserve on-site.
20:38:19:03 There are several trees proposed for removal that were
20:38:21:21 in excellent shape.
20:38:23:00 And specifically an oak tree that is a 30-inch that is
20:38:26:24 going to be removed.
20:38:28:09 It's located in the center of the lot.
20:38:30:09 So as you could see through the site plan, it would be
20:38:33:06 very hard to preserve that tree.
20:38:35:27 That being said, Mary did comment that this site was a
20:38:42:00 difficult one to design due to the placement of the
20:38:43:22 other grand trees I just remembered to on the -- I just
20:38:46:28 referred to on the west and the south.
20:38:48:21 It does meet the number minimum of trees required to be
20:38:51:09 preserved.
20:38:52:06 They have not asked for any waiver from that.
20:38:55:09 Parks and recreation, natural resources division, I
20:38:57:27 believe Mr. Riley is here to speak to their finding of
20:39:01:18 inconsistency.
20:39:02:19 They had three and two of them were related to the
20:39:06:19 grand trees.
20:39:07:21 Urban design had a finding of inconsistency based on
20:39:10:24 the vacating of Ward.
20:39:12:09 They did make comment that if the vacating is approved

20:39:14:24 by Council, that that objection or finding of
20:39:22:01 inconsistency will be removed.
20:39:23:15 Lastly, the transportation comment also relates to the
20:39:26:03 vacating of Ward should Council seek to approve that,
20:39:29:27 transportation would find this plan consistent.
20:39:31:24 That was it.
20:39:42:27 >>GWEN MILLER: Planning Commission?
20:40:00:27 >> Good evening, Council.
20:40:03:16 David Riley, Parks and Recreation.
20:40:05:13 And I have been sworn.
20:40:06:24 We found this inconsistent.
20:40:10:18 There's actually the three grand trees that were
20:40:14:00 mentioned.
20:40:14:25 One that they identified as a grand tree that's a
20:40:19:18 little bit shy.
20:40:20:06 We found it inconsistent because we know that the
20:40:25:03 technical cycle for redevelopment on commercial sites
20:40:28:06 is on a 12- to 15-year cycle, and it's rare to find
20:40:33:18 trees 20 inches or greater on these commercial sites.
20:40:39:06 That's why a lot of times our commercial areas are
20:40:42:15 woefully low on tree canopy.
20:40:44:21 So when we come across a situation where we have
20:40:50:01 specifically two of these live oaks, one is a 40-inch
20:40:53:18 grand tree in the surface parking area and another, I
20:40:58:04 believe, 36-inch or 40-inch grand tree on the west side

20:41:03:12 of the property, it's a truly unique situation.
20:41:07:12 The condition that these trees have grown up on is not
20:41:12:00 your typical situation as compared to a tree that's
20:41:15:07 living in somebody's front yard.
20:41:17:06 These trees have gone through just by the amount of
20:41:21:16 asphalt that surrounds these trees.
20:41:23:27 So we feel that because of this, their uniqueness to a
20:41:28:13 commercial site, their size, durability, that they
20:41:31:12 should have been preserved in their entirety.
20:41:34:06 Now, I will say the petitioner on the tree in the
20:41:38:15 surface parking area did make some adjustments.
20:41:41:19 Originally, they were going to take off the main
20:41:44:13 structural limb, and I believe I have some pictures.
20:41:48:06 They have made the necessary adjustment to preserve a
20:41:54:10 great portion of that limb -- and that would be the
20:42:05:09 large one that sticks out.
20:42:06:12 That's a structural limb.
20:42:07:27 However, they would still have to do some pruning on
20:42:10:10 that limb.
20:42:11:06 I would estimate close to 50%, maybe a little less.
20:42:15:28 Then begs the question to say whether the remaining
20:42:18:12 portion of the canopy will be enough to sustain that
20:42:23:06 limb.
20:42:23:21 And I just don't think it will be, but it could.
20:42:26:12 Now, they've offered a lot of concessions as to

20:42:29:15 protection of the tree during the construction.
20:42:31:16 That I think will be helpful, but again, this is a
20:42:34:01 unique tree on a unique site and we would like to see
20:42:36:22 it preserved in its entirety.
20:42:39:00 As to the second grand tree on the west side, if I may
20:42:45:15 that would be this one back here, they have made
20:42:48:22 concessions and moved the parking or the structure away
20:42:52:15 from the canopy and have accommodated canopy.
20:42:56:18 The unknown in this situation is what they will have to
20:43:01:13 do to make the surface of the parking structure
20:43:06:18 suitable for their needs, which is going to be heavy
20:43:10:28 use truck traffic as to what's existing.
20:43:14:03 If they have to tear up and redo this parking area,
20:43:18:24 then that will be substantial damage to the roots,
20:43:22:04 which will negate the canopy saving.
20:43:25:19 Again, it's an unknown that we don't have an answer to
20:43:29:03 yet.
20:43:29:18 And for that reason, we are finding it inconsistent on
20:43:34:03 that.
20:43:35:07 There is a third tree that although it's not a grand
20:43:38:15 tree, it is in the right-of-way of Ward, so maybe this
20:43:43:18 would also be addressed for that matter as well.
20:43:50:24 And a rarity is me standing up here for a Laurel okay
20:43:55:07 and saying this is actually a high quality, beautiful
20:43:58:04 tree.

20:43:58:19 It's in the right-of-way, so it is a community asset,
20:44:01:18 and we would like to see again this tree preserved.
20:44:05:09 It's a young tree compared to its life span.
20:44:08:10 So that's a great tree.
20:44:11:03 Lastly, I also echo Mary's concern about the 30-inch
20:44:15:18 live oak that's behind the Goodyear station, although
20:44:20:06 it's not a grand tree, I believe certainly it has the
20:44:25:00 potential to become a grand tree.
20:44:26:28 Again, you don't usually find trees of this size on
20:44:30:10 commercial sites.
20:44:31:03 That's my presentation.
20:44:33:04 >>CHARLIE MIRANDA: I hope -- Mr. Riley -- it's not
20:44:36:16 meant for you, not meant for anything else, but as I
20:44:39:27 sit here, I have a pretty good memory and I photograph
20:44:42:10 things as I drive around.
20:44:44:09 I understand and I love trees and I think it's a great
20:44:46:18 thing for canopy and for everything else that's needed
20:44:49:12 for the oxygen and everything else for us human beings.
20:44:52:09 I have yet to hear one person outside of government
20:44:56:15 tell me why they took down 50 to 100 grand trees,
20:45:00:24 beautiful trees on Laurel between downtown and
20:45:03:06 Westshore to expand the expressway.
20:45:05:13 I guess government has an exclusion on itself.
20:45:08:15 You can do whatever you want, but when it comes to
20:45:10:28 somebody else, you can't do that, boy.

20:45:13:19 >> If it was up to me, they wouldn't have done that.
20:45:17:21 >>JOHN DINGFELDER: Federal government.
20:45:23:03 >>JULIA COLE: Julia Cole, Legal Department.
20:45:24:24 I just wanted to expand on what Abbye said.
20:45:27:16 I had some concerns about a couple of the notes, and I
20:45:29:24 know they were notes important to the neighborhood.
20:45:32:03 And I understand that issue, but there are specifically
20:45:34:06 two of them that I have some concerns about.
20:45:36:03 Note number 9 talks about where construction vehicles,
20:45:41:10 what roadways that they can utilize, et cetera.
20:45:44:07 And when you have notes like that, and you have
20:45:47:12 existing -- it becomes a very hard note to enforce
20:45:50:03 through a zoning.
20:45:50:27 And this is an issue that's come up before.
20:45:53:00 What we might want to do, and talk about this a little
20:45:56:24 later, there is some discussion about whether or not
20:45:58:15 we'll have to have a development agreement that does
20:46:01:06 join this.
20:46:01:24 We could add some notes such as this into the
20:46:04:25 development agreement or alternatively add a note that
20:46:07:00 indicates that the petitioner will be required to
20:46:08:27 submit to the City of Tampa its plan for the staging of
20:46:12:15 construction vehicles and what roadways that are going
20:46:15:04 to be utilized to get to and from the site and that
20:46:19:03 would be a better way to get there.

20:46:20:25 If we move forward and determine this is something that
20:46:23:18 City Council wants to go ahead and change, we can find
20:46:26:18 some language to deal with that issue.
20:46:29:22 As it relates to note number 13, the note says that the
20:46:32:18 developer agrees not to initiate or support the opening
20:46:35:03 of Gardenia Avenue south of the subject property.
20:46:39:28 That isn't really something that we can enforce through
20:46:43:07 a zoning condition.
20:46:43:27 I understand that that's something we may want to keep
20:46:46:03 on the plan, and I understand why, but I just want it
20:46:48:03 stated for purposes of the record, that that's not
20:46:51:09 something through a zoning we would have the ability to
20:46:53:18 enforce.
20:46:54:12 Thank you.
20:47:01:25 >>TONY GARCIA: Tony Garcia, Planning Commission staff,
20:47:03:28 I have been sworn in.
20:47:05:12 This area, of course, is a well-known area, the
20:47:13:28 Westshore area.
20:47:15:01 And the area in itself is a very interesting area as it
20:47:18:28 relates to the land use and intensity and density
20:47:23:15 allowed in this particular area.
20:47:25:00 You have probably one of the widest variety of uses as
20:47:30:03 far as your degree of intensity and density.
20:47:33:21 You have two land use categories in this area.
20:47:35:27 You have one of the lowest residential land use

20:47:38:07 categories to the south, predominantly south of
20:47:41:22 Cleveland street which is residential 6 which is pretty
20:47:44:16 much standard single-family detached residential uses
20:47:46:24 on larger lots.
20:47:48:03 And regional mixed use 100 directly to the north.
20:47:52:04 Which allows -- has 3.5 F.A.R. to give you an example
20:47:56:10 of how intensive that is, the request being made by the
20:47:59:09 applicant is about 25% of what they could potentially
20:48:03:12 build on the site based on what the F.A.R. is under the
20:48:06:19 regional mixed use 100 land use category.
20:48:08:24 So they are significantly under their square footage
20:48:12:01 requirements or what their square footage potential
20:48:14:15 would be under the regional mixed use 100 category.
20:48:17:06 This site is within the boundaries, neighborhood
20:48:23:21 boundaries of the Beach Park Neighborhood Association,
20:48:26:18 homeowners association and is within the Westshore
20:48:29:18 business district area.
20:48:30:21 You have a significant commercial uses that are
20:48:32:18 adjacent to the area.
20:48:33:28 You have a regional attractor, which is Westshore mall
20:48:37:15 directly to the north.
20:48:38:03 You have two major arterial roads, Kennedy Boulevard
20:48:41:18 and Westshore Boulevard.
20:48:42:22 Major hotel located on the southwest corner.
20:48:44:25 Variety of general commercial and neighborhood

20:48:46:21 commercial uses in addition to some higher intensity
20:48:50:03 residential uses directly to the west of the site.
20:48:54:06 The proposed request is something that fills a void
20:48:57:24 from a commercial nature, retail commercial nature that
20:49:01:07 has been missing in the Westshore area for quite a few
20:49:06:09 years.
20:49:06:19 I think it's something overall probably welcome by the
20:49:09:07 general community that it would be serving which would
20:49:11:00 be not only the neighborhoods of Beach Park but also
20:49:13:21 the neighborhoods of the Westshore palms area, Bon Air
20:49:16:19 area, and, of course, the Swann Estates and Lincoln
20:49:23:00 Park, Carver City neighborhoods.
20:49:25:13 So this will provide quite a bit of the service to all
20:49:30:06 of those communities that are in direct proximity to
20:49:32:16 the area.
20:49:33:12 Overall, as far as the request, what the request offers
20:49:36:24 to the area, it is consistent with the other mixture of
20:49:41:18 uses within the area, the general commercial and
20:49:44:15 neighborhood commercial uses and the intensity within
20:49:46:24 the area is supported by the regional mixed use 100.
20:49:50:18 As far as the overall -- the Planning Commission staff
20:49:54:00 would say that overall this is consistent with the
20:49:56:03 comprehensive plan.
20:49:56:21 We do understand the sensitivity of the issue as far as
20:50:00:24 the potential vacating of the street in question, Ward

20:50:03:18 Street.
20:50:03:27 You already have a significant erosion of the
20:50:06:03 neighborhood grid with at least four of the
20:50:08:12 neighborhood residential streets already being closed
20:50:11:04 off to some degree.
20:50:12:15 This is an issue that is really a neighborhood issue
20:50:16:12 and it impacts the people that have to live there 24/7.
20:50:20:06 But overall, as far as what's being offered and what it
20:50:23:06 offers the community as far as the service, Planning
20:50:25:18 Commission staff finds the proposed request consistent
20:50:27:13 with the comprehensive plan.
20:50:29:04 >>JOHN DINGFELDER: I'm going to sound like Mr. Miranda
20:50:31:01 here, but I do remember shopping as a young man, as a
20:50:34:03 boy at Kash N' Karry at the corner of Westshore and
20:50:37:06 Kennedy.
20:50:37:24 And that's got to have been at least 10, 15 years since
20:50:41:07 they closed that down.
20:50:45:19 >>GWEN MILLER: Petitioner?
20:50:49:16 >> Thank you very much.
20:50:50:12 David Smith, 401 east Jackson Street, 33602.
20:50:54:21 Planner with Stevens, weaver, Miller, law firm
20:50:58:01 representing the applicant.
20:50:59:04 You heard a very good description of what the
20:51:01:15 development is.
20:51:02:24 I'll be handing out to you some additional information

20:51:06:24 that will help you with your decision tonight, I hope.
20:51:11:01 And what I would like to emphasize is that for a
20:51:14:13 project of this scale, the CG zoning that currently
20:51:17:09 exists on the property basically would allow us to do
20:51:19:22 the square footage that we're proposing on the land
20:51:23:01 today.
20:51:23:12 But our applicant in foresight came to us and said what
20:51:29:16 do we need to do if we want to redevelop the site.
20:51:33:09 First thing is go to the community association and see
20:51:35:15 what their concerns are because they are very, very
20:51:37:12 active and very much involved in their community and
20:51:39:12 you should find out what their thoughts are before you
20:51:41:22 embark on a redevelopment plan.
20:51:43:24 To the developer's credit, he did that, and did that on
20:51:47:04 multiple occasions.
20:51:48:15 Met with them at least six times in the Neighborhood
20:51:51:12 Association board, went to their annual meeting.
20:51:54:00 As a result of that, before the plan even was prepared
20:51:56:22 and submitted to the city, there were 38 conditions
20:52:01:24 already written on the plan.
20:52:04:06 More than half of those were directly related to
20:52:07:28 conditions that the community wanted for assurances of
20:52:12:03 compatibility, protection of their members, and also
20:52:15:19 one of the big issues and the primary issue which is
20:52:18:13 probably going to have the most discussion tonight is

20:52:20:13 the vacation of Ward.
20:52:22:00 That was the number one issue that the community
20:52:24:18 association felt was needed was the vacation of Ward,
20:52:29:15 because they realize redevelopment of this property
20:52:33:03 whether through us in this PD or just through normal
20:52:35:22 redevelopment in the CG zoning will result in something
20:52:38:06 that they are very, very concerned about, and that is
20:52:40:15 cut-thru traffic.
20:52:41:24 I think what the graphic demonstrated that was provided
20:52:44:01 to you by the transportation folks is that what you
20:52:49:04 have here is they don't want anybody coming in off of
20:52:52:27 Westshore into the community, which theoretically says
20:52:57:25 everybody should come down Kennedy and down Ward.
20:53:01:03 We know that's not what everybody does.
20:53:03:03 And the people in the neighborhood between 7 and 9 are
20:53:05:27 basically exiting the community.
20:53:07:15 Those are designed to prevent cut-thru traffic from
20:53:10:27 occurring through the neighborhood.
20:53:12:15 What we've heard time and time again is what is
20:53:14:22 occurring on Ward?
20:53:15:27 Well, we heard from the community association is
20:53:18:19 cut-thru traffic.
20:53:20:18 We had traffic analysis that demonstrated during p.m.
20:53:23:22 peak hour, 98% of the traffic heading down Ward, headed
20:53:28:07 down Ward, turned Azeele and crossed Westshore.

20:53:33:18 Only 2% in the p.m. peak hour were actually going into
20:53:36:06 the neighborhood.
20:53:36:21 So this is an indication, people taking it as a
20:53:40:27 convenience route, coming down Kennedy, taking a right
20:53:43:13 into the site, because it is not a full intersection.
20:53:46:15 Left turn in off of Kennedy heading west.
20:53:48:27 Right turn in off of Kennedy heading east.
20:53:51:18 So I think -- and I'll put this aerial up.
20:53:56:03 Just highlight that fact a little bit.
20:53:59:07 Again, what we're talking about here is, here's Ward.
20:54:07:06 This is the left turn in and right in, right out.
20:54:11:21 This particular development, as people come into the
20:54:17:27 community, we heard Wilson Stair mention that this is
20:54:21:18 erosion of the street grid.
20:54:23:21 I can tell you that, yes, if this street is removed
20:54:27:15 there will be one less street in the street grid.
20:54:30:27 However, when you look at where this street goes, it
20:54:33:19 actually runs into a dead end, which is a cul-de-sac on
20:54:36:28 Neptune, because it runs due south and really only
20:54:40:24 serves this community.
20:54:41:27 The other service that it has is it provides the
20:54:45:15 opportunity for people who do not want to wait for the
20:54:48:06 Westshore or the Occident or the Gardenia light to cut
20:54:55:00 through and pick up the Azeele light so they miss a few
20:54:58:12 stages at the corner.

20:54:59:01 So it's really a convenience question, I think, when it
20:55:01:15 comes down to the actual vacation of the right-of-way.
20:55:04:24 What the developer has done is he has done what
20:55:08:27 everybody says they want developers to do.
20:55:11:12 Meet with the community.
20:55:12:18 See what their concerns are.
20:55:14:21 Develop a plan that addresses their concerns. I think
20:55:18:18 you'll hear tonight from the Neighborhood Association
20:55:20:12 that the developer has gone a long way to do this.
20:55:24:01 To look at the actual site plan or the elevations, to
20:55:32:18 get to some of the waiver aspects, the closed
20:55:37:09 captioning makes it hard for me to try and point out.
20:55:40:18 The buffer requirement is along the front of the
20:55:46:06 building.
20:55:46:18 That allows us to have rather than an eight-foot
20:55:48:19 buffer, a two-foot buffer, because this is a large
20:55:51:00 landscaped area for Kennedy that F.D.O.T. redesigned.
20:55:54:13 And it allows us to provide for circulation around the
20:55:57:18 building and to reach the loading dock on the far side.
20:56:01:01 This is really the only front face we have for the
20:56:07:12 retail component on Kennedy, and it provides for having
20:56:10:19 some parking for the ground floor retail tenants with
20:56:14:09 visibility to the site.
20:56:15:16 If you look at the next elevation, we have -- look at
20:56:27:15 the property -- as we're talking about in front of the

20:56:30:15 building.
20:56:30:27 This is the area where there's landscape buffer was
20:56:33:13 being asked to be reduced where the light poles are.
20:56:37:00 And you can see where it provides, we'll have stamped
20:56:39:21 asphalt paving, provides a nice pedestrian area, doing
20:56:43:10 pedestrian enhancements, subject to F.D.O.T. approval
20:56:46:09 in the Kennedy right-of-way.
20:56:47:27 And it provides a very nice atmosphere.
20:56:51:21 >>JOHN DINGFELDER: Are those all active store fronts
20:56:54:00 facing Kennedy?
20:56:55:15 >> Active store fronts on this, yes, sir.
20:56:57:18 Moving through these elevations, this just gives
20:57:06:12 another view from a different angle looking east to
20:57:09:12 west toward the corner of the building.
20:57:11:18 This is what is planned to happen with the development
20:57:18:18 as it relates to the closing of Ward.
20:57:21:22 This is the -- this is Ward.
20:57:26:22 The old Ward comes into the parking garage, provides
20:57:29:27 connection to the bank which is still staying and the
20:57:33:01 parking garage across the back servicing the grocery
20:57:36:13 store, the office or lifestyle fitness facilities and
20:57:41:03 the retail on the bottom.
20:57:42:15 Very nice pedestrian environment.
20:57:44:09 This is looking at it from Kennedy Boulevard, looking
20:57:50:24 at that same corner.

20:57:53:09 This is what would be old Ward coming into the
20:57:56:22 development.
20:57:57:12 The next elevation shows basically the development that
20:58:06:18 exists today with the new development, redevelopment
20:58:11:12 occurring to the west and the parking garage shown in
20:58:14:21 the rear.
20:58:15:18 This and I'll get to one of the very good graphics
20:58:23:01 here, this is in between the existing bank building and
20:58:26:27 the parking structure.
20:58:28:00 The tellers currently operating for Wachovia bank will
20:58:30:28 be located in the parking garage on the ground floor.
20:58:33:24 They will be exiting to Gardenia.
20:58:38:09 This provides a graphic representation and elevation of
20:58:41:10 the entrance to the parking garage off of Gardenia, and
20:58:45:12 this starts where the landscape buffer is starting to
20:58:48:03 occur between the residential uses.
20:58:49:28 We have 47 feet between the property line and the rear
20:58:54:10 of the parking garage.
20:58:55:18 On the east half, on the west half, on the other side
20:58:59:15 of what is old Ward, it would be 60 feet of buffer
20:59:02:12 provided for the residents.
20:59:04:03 We also have letters of support that have been provided
20:59:07:24 from the abutting neighbors as well as a letter of
20:59:09:24 support from the association.
20:59:11:01 This is the view with removing the houses and the

20:59:16:03 existing trees in the backyards of the houses, this is
20:59:18:16 looking from the south.
20:59:20:00 There's going to be bamboo provided, because that
20:59:26:03 provides a very dense screen.
20:59:27:18 And then all our replacement tree plantings are
20:59:29:27 occurring all in the rear of this development.
20:59:32:21 The comments that have been made relative to the
20:59:39:24 overall site plan, I think you would find very minimal
20:59:46:19 for the type of development we're trying to do.
20:59:48:27 Basically staff -- their concerns relate to, gee, we're
20:59:54:03 closing Ward.
20:59:55:21 Transportation doesn't like to close streets.
20:59:58:12 Their job is to have streets open and to put signs on
21:00:01:15 them to prevent people from making left turns.
21:00:04:13 The thing that we're trying to say is that
21:00:08:06 transportation finds this operate as planned without
21:00:13:22 issue meeting all the requirements.
21:00:15:10 You've heard from urban planning to Wilson's credit,
21:00:20:18 we've met in the field.
21:00:22:00 We've rode around.
21:00:23:12 And he basically is a believer that no street should be
21:00:26:15 closed.
21:00:28:04 They should all be open.
21:00:29:09 We know it's not the case in this particular area, that
21:00:32:06 street after street has been cul-de-sac'd or closed.

21:00:35:22 And what we have with this development is a responsive
21:00:40:12 developer that's responded to the community concerns.
21:00:42:18 Now, with respect to the trees, we've also handed you
21:00:48:27 information of additional commitments that the
21:00:51:24 developer is making to allay the concerns of parks and
21:00:55:21 recreation with respect to the grand trees.
21:00:59:00 We are saving all the grand trees.
21:01:01:19 They are considering the fact that we're pruning one of
21:01:04:00 the trees as an effective removal.
21:01:07:15 But we have arborists testimony, arborist reports that
21:01:12:15 indicate that the removal of the portion of the limb
21:01:14:24 and we also have a graphic that indicates that to you.
21:01:20:00 If I could find it.
21:01:29:07 >>JOHN DINGFELDER: How about the Laurel oak?
21:01:31:00 >> The Laurel oak is in the right-of-way forward, and
21:01:33:10 it is in a location that is unfortunately -- we can't
21:01:37:21 save the tree and do the construction.
21:01:40:03 This is the graphic depicting the pruning that will
21:01:47:21 occur on the large grand oak that's right in the middle
21:01:50:25 of the parking lot.
21:01:52:19 We're pruning this hedge.
21:01:53:27 What we have indicated, I think the point that
21:01:56:06 shouldn't be lost here is that currently, these trees
21:01:59:01 are located in the middle of parking lots with very
21:02:02:22 little pervious area.

21:02:04:06 We are increasing the pervious area around all the
21:02:07:09 grand oaks greater than they are today.
21:02:09:27 We are, in fact, providing them a better environment
21:02:13:06 because we're removing all the asphalt around them.
21:02:17:27 The developer in order to save the trees has notched
21:02:21:00 the parking garage in the back twice.
21:02:23:01 He has moved the drive aisle to protect the western
21:02:27:00 tree.
21:02:27:12 Right now you can see from the graphic shown by
21:02:29:06 Mr. Riley, there's a street that runs right over it,
21:02:32:16 basically driveway.
21:02:33:22 That's going to be removed and put into open space.
21:02:36:03 We have moved the garage back away from that corner in
21:02:40:10 order to protect the canopy of that tree.
21:02:43:07 We have expert testimony that indicates that the
21:02:45:03 actions that we are proposing and the pruning will not
21:02:49:00 result in removal of those trees.
21:02:50:21 But in order to make it even a better situation, we've
21:02:54:12 provided conditions that commit to excavation around
21:02:58:28 the trees and removing the asphalt.
21:03:01:21 We committed to replacing the soil underneath them with
21:03:04:13 better mulched and fertilized soil.
21:03:07:00 We committed to a five-year maintenance program.
21:03:09:18 There will be no mechanical excavation around any of
21:03:13:06 these trees.

21:03:13:24 We'll air spade the ground to identify where the root
21:03:17:06 systems are to make sure that we have effective
21:03:19:21 pruning.
21:03:20:19 I think when you actually heard other testimony from
21:03:24:07 Mr. Riley, this was not the impassioned plea that they
21:03:28:03 are taking all the trees that normally come out.
21:03:30:13 This developer has done numerous changes to the plan to
21:03:32:24 save these trees.
21:03:33:27 I'll show you the other tree just so we can have a
21:03:37:24 reference.
21:03:38:09 This is the amount of pruning that will occur on this
21:03:42:13 tree, all of which result in there being less than 25%
21:03:46:07 of the canopy of the tree removed which by a standard,
21:03:49:21 could you normally do in a normal pruning season.
21:03:53:06 So that being said about the trees, I think the
21:03:58:28 decision tonight is going to be one in testimony
21:04:04:12 related to the inconvenience, perceived inconvenience
21:04:09:07 of some residents relative to the vacation of Ward and
21:04:15:00 their ability or inability to make either a right turn
21:04:18:22 in or right turn out of Ward.
21:04:21:16 With the concerns of the Neighborhood Association and
21:04:24:13 residents that are living with cut-thru traffic every
21:04:26:22 day.
21:04:27:25 This developer has done the responsible thing.
21:04:33:18 Met with the community.

21:04:35:04 Has proposed a plan that meets their requirements and I
21:04:39:12 think you will hear that today.
21:04:41:06 You will also hear that there are some people unhappy
21:04:44:13 about the vacation of Ward which in a community is
21:04:46:21 natural.
21:04:47:06 We have experts here tonight to respond to specific
21:04:51:18 questions, but I would imagine that most of the
21:04:53:24 testimony is going to be related to the vacation of
21:04:56:01 Ward.
21:04:56:12 I would be glad to answer any questions.
21:05:01:03 >>JOHN DINGFELDER: Mr. Smith, if I was living adjacent
21:05:07:25 there on -- what street is that?
21:05:10:09 Platt.
21:05:15:03 >> Cleveland.
21:05:15:28 >>JOHN DINGFELDER: Cleveland, thank you.
21:05:16:21 And that was my backyard, even though there's a 47-foot
21:05:20:10 buffer, there's going to be a lot of traffic in that
21:05:24:09 garage.
21:05:24:24 And I would be a little concerned about the peace and
21:05:28:09 enjoyment in my backyard in term of noise and possibly
21:05:31:28 light.
21:05:32:16 >> Yes, sir.
21:05:33:15 >>JOHN DINGFELDER: What are you doing to attenuate or
21:05:35:25 mitigate the noise and the light coming out of that
21:05:40:09 garage?

21:05:41:03 >> Well, that was a concern of the immediately abutting
21:05:44:09 property owners which I'll note we have a signed letter
21:05:47:12 of support from the adjacent property owners with the
21:05:49:27 garage designed as it is.
21:05:51:18 We have walls to protect from light.
21:05:57:03 There's currently a six-foot wall, masonry wall around
21:06:00:09 the back of part of the property.
21:06:01:24 That's going to be increased to an eight-foot masonry
21:06:04:07 wall across the entire back of the property.
21:06:06:25 >>JOHN DINGFELDER: Your parking garage is four stories
21:06:09:07 tall.
21:06:10:03 >> We're taking a step at a time.
21:06:12:09 We're starting at the property line.
21:06:14:00 Now we're making an eight-foot law.
21:06:15:22 Now we have a 60-foot buffer in which we're planting
21:06:18:22 bamboo, very tight spacing and putting it -- all the
21:06:23:21 replacement trees in.
21:06:25:04 Then the parking garage design.
21:06:26:22 The parking garage is designed where it will have knee
21:06:30:03 walls, which will block the headlights.
21:06:32:18 Knee walls so that when a car pulls in, their lights
21:06:36:03 aren't shooting out the garage into the neighborhood.
21:06:38:25 We'll also have intermittent decorative screens where
21:06:42:06 there are holes in the canopy.
21:06:43:18 We'll be able to have screening on the garage to

21:06:47:03 basically break up the opacity.
21:06:50:00 I think from the graphic that I showed, the southern
21:06:55:13 view, this will be very well screened not only by the
21:06:59:00 tree canopy and the plantings and the design of the
21:07:01:24 garage, but there are numerous trees in the rear yards
21:07:04:12 of these existing homes that will also provide the
21:07:07:12 screen as well as the eight-foot wall.
21:07:09:21 We've also -- you know, we've worked with the
21:07:12:24 community.
21:07:13:09 I can tell you, it's been no easy task to make sure
21:07:16:21 that we've addressed the concerns of not only the
21:07:19:06 people immediately abutting, but of the general
21:07:21:16 association with respect to potential noise and
21:07:24:00 location.
21:07:24:15 The circulation pattern in the garage, the loading dock
21:07:29:01 for the shopping center is as far away from the
21:07:32:15 community as it could possibly be.
21:07:34:06 It's up on the northwest corner of the development.
21:07:38:03 It's screened from view from Kennedy Boulevard.
21:07:41:04 We've located compacters.
21:07:43:07 The one that would be the most problematic that is
21:07:47:00 actually internal to the building.
21:07:50:00 So there are many, many things that have been done to
21:07:53:18 make sure that this parking garage not occur.
21:07:57:03 -- would not cause an impact.

21:07:59:01 What I might note, there's a two-story parking garage
21:08:01:27 immediately to our west that's existed for years.
21:08:04:16 There's a parking garage approved in the PD plan for
21:08:07:03 the Wachovia building today.
21:08:10:22 It's just not built.
21:08:12:06 And if this project were not to move forward in this
21:08:15:04 PD, a 45-foot tall parking garage could be built much
21:08:20:00 closer to the rear property line than we're proposing
21:08:23:07 today.
21:08:23:27 I think what we're trying to emphasize is that we're
21:08:26:21 going the extra mile to make sure that we are
21:08:30:12 considerate of our neighbors and provide a well-planned
21:08:33:18 and well-designed project.
21:08:37:21 >>GWEN MILLER: Ms. Mulhern.
21:08:43:12 >>MARY MULHERN: Is there a transportation study done
21:08:46:04 considering that this is kind of at the -- looks like
21:08:49:03 the apex of all of these -- Howard Frankland and
21:08:54:19 Kennedy and 275?
21:08:57:21 >> Yes, ma'am, this was.
21:08:59:00 We have Elton Smith from Wilson Miller who can speak to
21:09:01:21 the particulars of that study.
21:09:04:00 Your transportation staff has reviewed that report and
21:09:06:06 found it meets standards and operations will be
21:09:09:13 effective.
21:09:10:06 We've also met with F.D.O.T. relative to -- since it is

21:09:14:03 a state road, and working with F.D.O.T.
21:09:16:16 This will actually result in some closing of some
21:09:19:27 access points.
21:09:21:06 Currently, there are two access points.
21:09:23:09 One for the Goodyear and another one for the office
21:09:27:28 building.
21:09:28:21 And those will actually be eliminated, and you will
21:09:31:16 only have Ward Street and Gardenia Street as the access
21:09:35:21 points into this development.
21:09:37:00 Gardenia with a light.
21:09:38:18 And that's actually where all our focal point is with
21:09:42:01 the circulation is with the signalization on Gardenia.
21:09:45:00 We're also adding a turn lane on Gardenia for right
21:09:49:15 turns.
21:09:49:27 And signal modifications made to the Gardenia light to
21:09:53:13 stage the traffic.
21:09:55:09 We do have experts that can speak to that if you have
21:09:58:09 particular questions.
21:09:59:03 The expert is actually standing behind me.
21:10:05:12 >>MARY MULHERN: I know F.D.O.T. doesn't want people to
21:10:07:28 get on and off.
21:10:09:03 They want them to keep going.
21:10:10:27 You're adding a lot of intensity there.
21:10:17:27 You're going to have a lot more cars, hopefully, if
21:10:21:19 this is going to work as a retail development and

21:10:25:25 office building, you'll have a lot more people coming
21:10:28:09 in and out.
21:10:29:09 So the fact that, you know, you're reducing the number
21:10:33:03 of entrances to the area, but at the same time, you're
21:10:38:21 going to have more traffic in and out, can you explain
21:10:42:15 to me how that --
21:10:45:15 >> Elton Smith with Wilson Miller, 2205 north 20th
21:10:50:10 here representing the applicant.
21:10:52:09 We did do a complete analysis of that corridor
21:10:56:15 immediately in front of this proposed project from
21:10:59:19 Westshore through the memorial intersection in detail
21:11:03:01 looking at each intersection and each driveway.
21:11:07:12 D.O.T., you're right, does like to close side streets,
21:11:10:18 and they are more concerned with through traffic than
21:11:13:03 they are with providing easy and safe access to the
21:11:17:10 side streets.
21:11:18:12 However, we were able to come up with a proposal which
21:11:20:27 not only improves the access to the projects on both
21:11:26:10 sides, south and north, but meets F.D.O.T.'s initial
21:11:31:27 requests for reduced number of driveways and access
21:11:35:27 points.
21:11:36:07 What we had done, today, if you go out there, the
21:11:39:27 signals at Occident and at Gardenia have no protected
21:11:44:09 phase.
21:11:44:24 That means that the left turning movement into

21:11:48:01 Westshore to the north and this property to the south
21:11:57:15 has to wait for a gap.
21:12:00:15 The delay is excessive, on the order of six minutes.
21:12:05:06 For a car wanting to turn left.
21:12:07:01 That means that they will take chances.
21:12:09:12 And there are higher than expected accidents at those
21:12:12:15 same signals today.
21:12:14:06 And so what we've done is proposed to F.D.O.T. to add a
21:12:17:27 protected phase.
21:12:19:03 Put in the signal heads and add a green arrow,
21:12:23:15 basically, for the left turn movements, both north and
21:12:25:28 south.
21:12:26:09 So this solution will enhance the access not only to
21:12:29:18 the commercial properties on the south side of Kennedy,
21:12:32:19 but to Westshore plaza on the north side.
21:12:36:04 We were able to retime the signal system in the whole
21:12:40:07 corridor such that even with adding these protected
21:12:43:12 phases, the corridor works better than it does today.
21:12:48:12 We were able to enhance the through capacity as well,
21:12:52:21 to address F.D.O.T.'s concerns.
21:12:55:06 So with regard to Ward and changing the access points,
21:13:01:06 we're not changing the access of Ward at Kennedy.
21:13:04:22 All we're doing is addressing the inevitable conflict
21:13:10:18 which occurs when you have a very intense zoning
21:13:14:13 category or land use category side by side with a

21:13:17:18 single-family residential.
21:13:20:16 Today, a very high percentage of the cars that use Ward
21:13:23:28 in the peak hour are not going to and from that
21:13:26:18 neighborhood.
21:13:27:18 They are actually taking a shortcut around the lights
21:13:31:00 at Occident, Gardenia and Westshore.
21:13:34:06 They are southbound on memorial and Kennedy.
21:13:37:03 They reach that point, the light turns red, gee, if I
21:13:39:18 cut down Ward, I can miss this light.
21:13:43:09 They cut down Ward and most of them go to Azeele and
21:13:47:03 turn left and right on out to Westshore Boulevard.
21:13:49:18 What we're suggesting and there's no solution here that
21:13:52:09 doesn't have a downside.
21:13:54:06 We agree.
21:13:55:16 You're balancing the need to protect the neighborhood
21:13:59:09 from these cut-thru, these people shortcutting through
21:14:02:15 their neighborhood.
21:14:04:09 And at the same time -- against their convenience of
21:14:07:27 access.
21:14:08:12 There is no system that provides perfect, convenient
21:14:11:12 access for all of those residents and keeps everyone
21:14:14:24 who is not a resident of the neighborhood out.
21:14:17:10 There just isn't any such system.
21:14:19:12 So we not only have demonstrated that this project,
21:14:24:10 which as you've heard earlier is only 25% as large as

21:14:28:03 could be built there under the zoning category, so
21:14:30:25 while it is an increase, it is a much smaller increase
21:14:34:00 than you might see if you were to get the maximum that
21:14:37:19 could be loaded on the site.
21:14:40:09 >>JOHN DINGFELDER: Planning category, not the zoning
21:14:42:12 category.
21:14:42:27 >> You're right.
21:14:43:18 Sorry.
21:14:44:00 In any case, I hope I've answered your question.
21:14:49:22 Maybe perhaps not.
21:14:51:03 >>MARY MULHERN: No.
21:14:51:25 I think you've answered it the best you can.
21:14:54:16 What occurs to me is that you are closing down a
21:15:00:22 street.
21:15:02:12 You're asking us to vacate this street, closing down a
21:15:06:16 through street, and then all the other north-south
21:15:11:07 streets are cul-de-sacs.
21:15:15:09 >> Yes.
21:15:16:12 >>MARY MULHERN: And I'm curious, because your garage is
21:15:19:12 what's going over where there was a public street, we
21:15:22:25 now have the garage, right?
21:15:25:16 >> Yes.
21:15:26:15 >>MARY MULHERN: So what came first?
21:15:28:06 The garage or the idea that you were going to be
21:15:31:12 helping the neighborhood by closing down that street?

21:15:41:09 >> That's the pretty simple answer.
21:15:44:00 The community made it very clear Ward needed to be
21:15:48:09 closed regardless of what we planned to do there.
21:15:51:06 Because they realize that the intensity of development
21:15:53:12 going back to the zoning versus the land use, the CG
21:15:59:03 zoning on the site today can be developed with the same
21:16:00:28 square footage that we're proposing to do in a
21:16:04:18 redevelopment scenario.
21:16:06:04 Rather than do that, just cold and coming with go to
21:16:09:15 construction services and start pulling permits on a
21:16:13:06 site plan, we said, well, let's see what the
21:16:19:03 community's concerns and input is.
21:16:21:01 You'll hear from the community association that their
21:16:23:01 input was, okay, once you close Ward you then, you
21:16:27:10 know, we can start talking about protecting the
21:16:31:03 adjacent neighbors and concerns about security and
21:16:34:27 hours of operation.
21:16:35:21 It wasn't really about the intensity or density of the
21:16:38:18 project, because realize that eventually this site is
21:16:41:09 going to be redeveloped.
21:16:42:27 And if it's redeveloped, whether it's two-thirds the
21:16:46:27 size or the same size, the traffic pattern is going to
21:16:51:03 be people coming from someplace else other than Beach
21:16:54:27 Park, coming through and up Azeele, up Ward to get to
21:16:58:10 this site, if it's a grocery store, and those people

21:17:02:07 cutting through the community that they experienced
21:17:04:24 today.
21:17:05:12 So the developer designed the site to accommodate the
21:17:09:19 desires of the community.
21:17:10:27 Could he develop this site without doing that?
21:17:13:13 Yes.
21:17:13:28 But, again, what we would have, we would have the other
21:17:18:18 half of the community coming in here complaining about
21:17:20:24 closing Ward after we have redeveloped the site and the
21:17:26:03 traffic is cutting through the neighborhood.
21:17:27:27 So rather than go through that in reverse, we came to
21:17:32:27 the neighborhood first and said, what are your
21:17:35:16 concerns?
21:17:35:27 They indicated what their concerns are.
21:17:37:19 And then we designed a site to not only protect them,
21:17:41:13 but protect the grand trees on-site and provide a huge
21:17:45:18 buffer on the back of the property which is almost
21:17:47:13 unheard inform a commercial development today.
21:17:49:27 >>MARY MULHERN: Okay.
21:17:50:09 I'm not sure you answered my question, but we'll hear
21:17:53:03 from the neighborhoods, too.
21:17:54:03 When I look at this site, I think you've got an
21:17:59:16 existing building that you're not doing anything with,
21:18:01:24 and then you have another area that you could
21:18:08:12 develop -- I guess I have to look at the site plan

21:18:12:24 again.
21:18:13:15 But the actual building, the new building doesn't go
21:18:17:28 across -- the new building you're proposing, it doesn't
21:18:25:24 actually go across where the current street --
21:18:30:24 >> No, it doesn't cross the Ward right-of-way or the
21:18:33:27 old Ward right-of-way.
21:18:35:12 I can tell you today, the grocery store would love to
21:18:39:04 have as much access as possible.
21:18:40:22 We have actually had to work with the grocery store to
21:18:42:21 convince them that not having complete access from all
21:18:46:03 the streets that would be available would be a good
21:18:48:21 thing for them.
21:18:49:16 And they are coming along.
21:18:53:25 >>MARY MULHERN: What you're telling me is first you
21:18:55:18 talked to the neighborhood.
21:18:57:04 They wanted to vacate a street and so you developed
21:19:00:21 this around it.
21:19:05:07 >> -- the neighborhood --
21:19:06:28 >>GWEN MILLER: We're going to get to the neighborhood.
21:19:08:10 Hold up one second.
21:19:10:01 >> Basically the Neighborhood Association, they
21:19:13:09 indicated that the vacation of Ward is paramount on
21:19:16:27 their list in order to support any zoning or any
21:19:19:25 activity on these properties.
21:19:20:25 And then our client went after doing that started

21:19:24:00 developing site plans to address that need and work
21:19:27:06 with the grocery store to convince them that this would
21:19:30:15 work.
21:19:31:01 It's not an easy thing serving all the masters to get
21:19:35:18 the deal to come together, but that's the case.
21:19:40:06 >>GWEN MILLER: You finish your presentation?
21:19:44:10 >> One last comment.
21:19:45:21 >> Let me add that the parking garage could be
21:19:48:15 constructed over Ward Street and leave the street open.
21:19:54:12 That would not be the first time that we have done
21:19:56:21 that.
21:19:57:06 You have to get an encroachment, but you could easily
21:20:03:06 design it to maintain the through street.
21:20:05:00 The fact that the parking garage goes across Ward is
21:20:09:06 not the -- does not drive the vacating.
21:20:12:21 >>JOHN DINGFELDER: Theoretically, could you bridge
21:20:13:27 right over the --
21:20:15:09 >> Yes.
21:20:16:09 >>GWEN MILLER: We're going to go to the audience.
21:20:18:10 Is there anyone in the public want to speak on item 14
21:20:21:06 and 16 at the same time?
21:20:27:03 >>MARTIN SHELBY: Again, ladies and gentlemen, please,
21:20:28:25 for the record, reaffirm that you've been sworn to
21:20:32:00 speed things up when you state your name.
21:20:45:18 >> Hi.

21:20:46:06 My name is Emmy Purcell Reynolds.
21:20:49:18 I'm the president for seven consecutive years of the
21:20:54:18 Beach Park homeowners association, a thankless job for
21:20:58:18 which I get mean and unnecessary phone calls from
21:21:05:12 people who do not know the facts and who listen to
21:21:07:27 other people who are uneducated.
21:21:10:12 >>MARTIN SHELBY: Have you been sworn in?
21:21:11:22 >> Yes, I have been sworn in.
21:21:13:15 >> Can you speak into the microphone.
21:21:15:06 >> Sorry, I'm short.
21:21:16:06 I have two letters for two more minutes.
21:21:19:03 And I also would like to put into the record e-mails
21:21:22:19 that I have written and also specifically three notices
21:21:28:15 that we've sent out because you'll hear from people who
21:21:31:09 said we did not notify anybody --
21:21:35:04 >>JOHN DINGFELDER: Let's start with the minutes.
21:21:37:15 >> We'll hear from people who claim they just heard --
21:21:46:04 >>MARTIN SHELBY: -- [INAUDIBLE], Maria O'sullivan here.
21:21:49:27 And Teddy bloomstun.
21:21:52:09 Thank you.
21:21:52:24 Two additional minutes.
21:21:55:27 >> You'll hear from people who said that they have not
21:21:58:12 heard anything about this.
21:21:59:22 Well, they must be -- I won't say anything.
21:22:03:09 We have put this out in our postcard to the 1300 homes.

21:22:07:19 We called the Tampa Tribune to advertise this, which
21:22:10:25 they did on April 12th.
21:22:12:24 We had our general membership meeting, which is noticed
21:22:15:22 by signs, and everybody knows we have our meetings.
21:22:18:27 The developer came and spoke to the association in
21:22:21:28 April.
21:22:22:18 We've had six meetings with the developer, and they
21:22:28:15 came to our meeting and presented their case.
21:22:31:06 We also, the developer also properly noticed by putting
21:22:35:18 the signs up.
21:22:37:10 For the last 30 days, anybody who uses Ward on a daily
21:22:41:16 basis like they claim to do will have seen the signs
21:22:44:15 that they have 30 days to find out about it.
21:22:46:21 We're not required as an association to notice anybody.
21:22:49:03 We go above and beyond to do more than what I think any
21:22:52:04 other association does in this city.
21:22:54:03 And we love our neighborhood and we work tirelessly as
21:22:56:24 volunteers to do this.
21:22:58:15 You'll also hear from somebody who will claim that I
21:23:02:12 hung up on that person.
21:23:03:21 I told that person numerous times I was headed to a
21:23:06:21 meeting.
21:23:06:24 I would send them an e-mail and call them back later.
21:23:10:19 That person continued to rant and rave and raise his
21:23:12:07 voice.

21:23:12:18 He did not give me his last name or his address.
21:23:15:18 Sorry, I'm a little upset about this.
21:23:20:03 I try not to get emotional, but when you do it as a
21:23:24:03 volunteer job and people are nasty and they send out
21:23:28:21 e-mails to the whole association with information that
21:23:29:28 is not factual and then you have other people thinking
21:23:33:03 they are correct, you have to go and keep repeating
21:23:35:04 yourself and trying to defend what you've said.
21:23:37:06 >>JOHN DINGFELDER: Emmy, you are using up your time.
21:23:39:12 Focus on the issue.
21:23:40:12 >> All the things we did in the notice, one thing --
21:23:43:25 the developer did come to us back last year and they
21:23:47:25 said we want to meet with you before we go to the city.
21:23:51:07 They told us the scale and density.
21:23:53:03 They said they were not doing what they could do.
21:23:55:13 We verified that with the city.
21:23:57:06 We knew they could go ahead with the plan without a
21:23:59:27 rezoning.
21:24:00:12 They said, what do you want?
21:24:01:15 I said, if you're going to put a grocery store there
21:24:04:06 which is open seven days a week, seven in the morning
21:24:07:09 until 10 at night with delivery starting 4, 5:00 in the
21:24:10:18 morning going till 1 or 2 at night seven days a week,
21:24:14:19 the people on Cleveland need to have some protection.
21:24:17:00 And the board will not support you unless you have a

21:24:19:24 vacation of Ward.
21:24:20:27 We've had other grocery developers come to us.
21:24:23:28 They didn't want to even listen to us.
21:24:26:09 As soon as we said that, they walked away.
21:24:28:12 We then had a meeting with the people.
21:24:32:01 We sent out letters to the 200 people who live directly
21:24:35:13 behind the association.
21:24:37:15 They had a meeting to discuss everything with them.
21:24:40:27 Over the last nine months to a year, the developer put
21:24:46:03 all kinds of things on the site plan that we asked them
21:24:49:22 to do.
21:24:50:28 The thing we need to recognize, something could be
21:24:53:12 built here.
21:24:54:01 And they are not asking for any increase in the
21:24:57:09 density.
21:24:57:24 They have 48 conditions on the site plan.
21:25:00:22 Our residents have been clamoring for a grocery store.
21:25:03:24 I think it closed actually probably in '98 or so.
21:25:08:18 The residents always say, why can't we get a grocery
21:25:11:19 store?
21:25:12:01 The deliveries would be coming and going.
21:25:13:27 The other thing is, they are considering restaurants on
21:25:16:27 the first floor.
21:25:18:01 If you have restaurants that are open till midnight and
21:25:20:18 this developer, under the thing, he agreed only to an R

21:25:24:03 zoning for any 4(COP-R), full beer, liquor and wine
21:25:28:21 closing at midnight, which is what we wanted at the
21:25:31:00 other place, you have people coming and going to the
21:25:33:03 restaurants using Ward as a cut-thru.
21:25:36:01 I agree it's an inconvenience.
21:25:37:09 I use Ward.
21:25:38:16 I don't live anywhere near the development and I use
21:25:40:24 that all the time to go to the bank, Sports Authority.
21:25:44:09 I don't use it ever to get to Kennedy, though.
21:25:46:16 But the inconvenience for the people who don't live
21:25:48:25 right near it is nothing compared to the huge impact of
21:25:53:03 the residents who live on Cleveland and the 200 people
21:25:56:12 south of them to Azeele.
21:25:58:24 And what I wanted to state for the record, also, I've
21:26:01:24 been keeping tabs as of 6:00 tonight, I have only
21:26:05:24 received six e-mails in opposition.
21:26:08:03 We have 1300 homes in Beach Park.
21:26:11:13 And only six e-mails in opposition have been sent to
21:26:15:06 me.
21:26:15:18 We also -- we asked the developer, we need to have
21:26:22:00 pedestrian access.
21:26:22:18 He could have closed the whole back wall.
21:26:24:28 We said our residents want to be able to walk to the
21:26:27:24 bank or the restaurant or the grocery store, to the
21:26:30:24 mall, so they agreed to that.

21:26:32:16 Is that the five minutes?
21:26:36:15 >>JOHN DINGFELDER: How much longer do you need?
21:26:41:13 >> I was just going to mention the list of things that
21:26:44:19 the developer put on the site plan that they didn't
21:26:47:06 have to.
21:26:48:24 A lot of things that no other developers do.
21:26:50:27 And they agreed to do it.
21:26:52:21 And they've gone above and beyond, and the residents --
21:26:56:15 some residents have been very nice thanking us for what
21:26:59:19 we do.
21:27:00:09 And some of them have been extremely nasty and
21:27:02:03 unprofessional.
21:27:02:25 So I hope that you approve the vacation and the
21:27:07:22 development together, and I think this developer has
21:27:10:19 done more than anybody else.
21:27:12:07 We know what we're talking about.
21:27:13:25 We've been doing this for a long time and thank you
21:27:16:06 very much.
21:27:17:18 >> Thank you.
21:27:18:03 Next.
21:27:22:03 >> Good evening.
21:27:22:21 My name is Arnold Hubbard.
21:27:25:15 15, west Spanish main in Beach Park.
21:27:28:00 I have been sworn in.
21:27:29:12 Thank you very much, council men and women for your

21:27:31:07 time and devotion to the betterment of our city.
21:27:34:27 It's a wonderful thing.
21:27:36:03 I'm here in opposition to this.
21:27:37:24 This street is very important.
21:27:41:12 We can't just close down all the streets.
21:27:43:28 We have to get in and out of our houses.
21:27:46:12 And there are some in our neighborhood that perhaps
21:27:48:27 don't work and don't understand.
21:27:50:21 Don't have many trips in and out.
21:27:52:27 But got cut-thru traffic because we have feeder
21:27:57:10 streets.
21:27:57:28 And big developments that are near us.
21:28:00:15 It's a fact of life.
21:28:01:25 We can close them all down but we do have to get in and
21:28:04:21 out of our own house.
21:28:06:19 The developer has stated a number of things, F.A.R.
21:28:10:27 requirements and so forth.
21:28:12:01 And he's talking as if he owned that property.
21:28:14:09 That property belongs to the city.
21:28:16:01 That property and its setback are a big amount of
21:28:20:22 property.
21:28:21:03 It's worth millions of dollars.
21:28:22:21 The potential opportunity that provides the developer
21:28:30:18 we're talking about many millions of dollars here and
21:28:32:18 what is the city getting in return for this?

21:28:34:21 What are they going to give us?
21:28:36:09 They are going to close down the street and make some
21:28:38:27 of the immediate neighbors happy and they'll make the
21:28:41:03 Beach Park leadership happy, but there's no real
21:28:43:24 consensus here.
21:28:44:18 And the Beach Park leadership cannot tell you that
21:28:47:16 there is.
21:28:48:12 I was at the annual meeting about this.
21:28:53:18 I counted 65 people at the meeting, and it was a very
21:28:58:03 emotional meeting, and it was not clear who was in the
21:29:00:18 majority.
21:29:01:03 In that meeting, there was a call for the vote.
21:29:04:03 The vote was rejected, the idea of that.
21:29:06:24 One of the reasons about trying to notice everybody in
21:29:09:00 the whole neighborhood was cost and labor.
21:29:12:21 I volunteered to pay for that and help provide the
21:29:16:18 labor to do that.
21:29:18:04 It was rejected.
21:29:20:16 One of the reasons I was given was a vote just wouldn't
21:29:25:03 work out.
21:29:25:18 So I don't believe that there's much here other than a
21:29:29:18 developer who wants to build a retail, a big place, and
21:29:33:22 get a big amount of enrichment, and we don't get much
21:29:36:28 for it.
21:29:37:28 If you're going to do it, please sell it.

21:29:40:16 It's worth many millions of dollars and close the
21:29:42:21 street or perhaps make it a park.
21:29:45:00 Make everybody happy.
21:29:46:03 Close that street off and make that area a park.
21:29:49:03 Something.
21:29:51:09 Thank you very much for your time.
21:29:53:15 >>JOHN DINGFELDER: Go ahead.
21:29:54:28 I have a question, too.
21:29:56:27 >>THOMAS SCOTT: My question is, do you live in the
21:29:58:27 Beach Park?
21:29:59:18 >> Yes.
21:30:00:00 I haven't seen a sign up that they were talking about
21:30:02:12 either and I drive that almost daily.
21:30:06:03 >>JOHN DINGFELDER: The question I have is, I'm familiar
21:30:09:01 with where you used to live.
21:30:10:19 You probably still live there, right? Out on the end?
21:30:15:13 You're not out --
21:30:18:13 >> No, I'm not currently.
21:30:20:01 I moved inside off Azeele.
21:30:23:12 >>JOHN DINGFELDER: My question is, Hoover is still
21:30:25:13 available.
21:30:27:06 >> Yes.
21:30:28:19 >>JOHN DINGFELDER: Why wouldn't that be okay for you,
21:30:30:25 you and your neighbors?
21:30:33:07 >> Well, Hoover gets you out, but you've got to go

21:30:36:04 through a major light.
21:30:37:15 The point is, if you close this off, there's no longer
21:30:40:07 anything from the neighborhood other than going through
21:30:41:27 the light at Kennedy and Westshore, which is huge, or
21:30:48:07 you come up and try to get on where it's veterans when
21:30:51:12 it comes down --
21:30:53:12 >>JOHN DINGFELDER: To go where?
21:30:54:12 >> To get on Kennedy.
21:30:56:00 Access the mall, access any of these businesses.
21:31:00:06 >>JOHN DINGFELDER: There's no right out at Hoover?
21:31:01:24 >> Yes, there's a right out.
21:31:03:09 What I'm saying, instead of taking Ward which is in the
21:31:10:09 center of the neighborhood, you force them going
21:31:12:12 through big intersections that are very heavily
21:31:14:24 traveled.
21:31:15:09 >>JOHN DINGFELDER: And go up to Hoover and then out and
21:31:17:24 then right --
21:31:19:07 >> Right.
21:31:19:18 And traffic backs all the way up from veterans all the
21:31:22:13 way into Kennedy there.
21:31:23:24 You're talking about a big increase in time.
21:31:30:07 >>JOHN DINGFELDER: Thank you, Arnold.
21:31:31:18 Next.
21:31:57:18 >> [not speaking into microphone]
21:32:08:22 >>MARTIN SHELBY: These are people who will not be

21:32:10:25 speaking, correct?
21:32:11:18 Judy Taylor.
21:32:14:18 Michelle Willier, I believe.
21:32:18:06 Marie Bilon.
21:32:20:12 Thank you.
21:32:22:06 Joan Ruden.
21:32:25:03 Is that Brian Links, did I get that correctly?
21:32:33:04 Kim -- 207 is the house street.
21:32:36:00 Thank you.
21:32:36:21 That's five.
21:32:38:09 Yvonne Woods.
21:32:39:09 -- Yvonne Woods here?
21:32:45:24 I don't see an Yvonne Woods.
21:32:47:25 Eileen --
21:32:50:07 >>JOHN DINGFELDER: What's the maximum allowed?
21:32:53:12 >>MARTIN SHELBY: Maximum total of ten minutes, so seven
21:32:55:24 people.
21:32:56:09 But I don't see -- is Jacquelyn Peterson here?
21:33:00:09 Is Karen Lee here?
21:33:07:04 Judy Taylor?
21:33:08:04 So you have seven.
21:33:15:24 >> She raised her hand already.
21:33:22:03 >>MARTIN SHELBY: Sam Taylor here?
21:33:23:21 >> No, he's not.
21:33:25:03 >>MARTIN SHELBY: Marie I already called.

21:33:28:03 Jean Howell.
21:33:29:15 Is Jean Howell here?
21:33:31:00 Joan Ruden I believe I already called.
21:33:34:27 Actually, the only name that's on this list was Yvonne
21:33:38:06 Woods, is that right?
21:33:39:12 Is Yvonne Woods here?
21:33:41:12 My understanding is nobody on this list is present.
21:33:47:00 >> No, there are four of them but they are --
21:33:53:04 >>MARTIN SHELBY: Is there anybody on this list who is
21:33:54:19 not on this list that's here?
21:33:56:00 Is that Michelle.
21:34:05:12 >> Bernice Larkin is on the correct list.
21:34:13:03 >>MARTIN SHELBY: I'm sorry.
21:34:13:21 This is very confusing.
21:34:14:21 Ideally, is Bernice --
21:34:17:07 >>JOHN DINGFELDER: Bottom line is right this second --
21:34:19:24 >> I have enough for eight minutes.
21:34:21:12 I would like a variance for the ten with all the
21:34:25:27 signatures I have.
21:34:27:01 >>MARTIN SHELBY: You say Ms. Larkin is here.
21:34:28:19 Okay.
21:34:29:04 Thank you.
21:34:29:16 That's enough.
21:34:30:09 Eight minutes.
21:34:34:06 >> My name is Neil Armstrong.

21:34:36:22 212 South Ward which is less than one block south of
21:34:40:27 the proposed project being discussed right now.
21:34:43:21 As a 20-year resident at this location and 25-year
21:34:47:25 professional in the commercial real estate industry,
21:34:50:18 both locally and nationally, I hope to provide some
21:34:54:03 unique insight into what I and numerous other residents
21:34:57:06 believe to be a best possible solution at hand.
21:35:00:24 The project under consideration involves the
21:35:03:00 redevelopment and intensification of an existing
21:35:06:27 commercial use existing on approximately six-acre
21:35:11:00 parcel that abuts an established single-family
21:35:13:10 community.
21:35:14:03 Seam, we as affected homeowners have but one chance to
21:35:17:22 see that this potential redevelopment is done right
21:35:20:24 since there will be no opportunity for a second chance
21:35:24:06 and homeowners will have to forever live with decisions
21:35:27:15 made regarding this project.
21:35:29:06 In general, it appears that the surrounding community
21:35:32:18 is relatively satisfied with the type uses proposed on
21:35:36:07 the commercial site, such as grocery store,
21:35:39:00 restaurants, retail, office, et cetera.
21:35:41:07 However, it is the actual design of the overall project
21:35:43:21 that has virtually every resident concerned.
21:35:46:27 From what I understand, the developer has been working
21:35:49:10 with the Beach Park HOA board for quite some time

21:35:53:27 planning and fine tuning this project.
21:35:55:24 I commend both the developer and the board for the
21:35:58:27 majority of their efforts to date.
21:36:01:00 It appears that many residents' concerns are being
21:36:03:27 addressed by the various zoning conditions placed
21:36:06:21 already.
21:36:07:12 However, there's the one critical issue that remains
21:36:09:27 unresolved from both perspective of local residents and
21:36:12:24 the city, that issue being the treatment of Ward
21:36:17:06 Street.
21:36:17:24 Presently, the proposed commercial redevelopment plan
21:36:19:18 is based on privatization of a portion of Ward Street
21:36:23:15 which is currently a public road.
21:36:25:09 In other words, the developer filed a petition to have
21:36:27:06 it vacated, as we've spoken here.
21:36:29:24 Why is Ward such a critical issue?
21:36:32:16 It's really very simple.
21:36:33:27 To quote the urban design department statement on page
21:36:38:12 4 of the city's report on petition to rezone, they
21:36:41:24 state, quote, due to past closings of north-south
21:36:46:00 access roads in this neighborhood, the only true
21:36:49:03 north-south access left within this neighborhood is
21:36:53:00 Ward Street.
21:36:54:00 From the standpoint of local residents, the treatment
21:36:59:21 of Ward Street is a heated issue to say the least.

21:37:03:00 If you listen solely to the Beach Park homeowners
21:37:06:01 association board, you would think that the entire
21:37:08:21 resident population would be in support of a simple
21:37:11:09 closure of Ward Street.
21:37:13:03 In a July 25, 2007 e-mail correspondence to the
21:37:17:27 developer, which was also carbon copied to numerous
21:37:21:15 city officials, HOA president writes that, quote, Beach
21:37:24:21 Park homeowners association board met July 24th,
21:37:28:21 2007, and had an official board vote.
21:37:32:03 She further writes, the board unanimously voted to
21:37:36:09 support your PD site plan dated June 14th, 2007, and
21:37:42:06 also vacating request for Ward.
21:37:45:15 It's easy to see how words like these from an
21:37:48:09 organization of this stature could easily be construed
21:37:51:18 as a blanket agreement that the majority of residents
21:37:54:12 feel this way.
21:37:55:04 However, I need to alert City Council that there's a
21:37:58:09 fairly large contingent of people that want to keep
21:38:01:12 Ward Street open.
21:38:02:28 This observation was readily apparent April 17, 2007,
21:38:06:06 Beach Park Homeowners Association meeting.
21:38:09:28 At that meeting, HOA officers indicated that it was
21:38:13:00 their opinion that most area homeowners supported the
21:38:16:18 closing of Ward Street.
21:38:18:10 However, as noted earlier, there were a large number of

21:38:21:27 residents who took turns stating they were thoroughly
21:38:24:24 opposed to the closing of Ward.
21:38:26:18 Furthermore, suggested several homeowners at that
21:38:30:00 meeting that a formal polling be done to determine the
21:38:33:01 actual ratio of residents for and against street
21:38:36:24 closing.
21:38:37:09 Unfortunately, this was never done or at least I and
21:38:39:22 numerous other residents were never contacted in
21:38:42:09 regards to this.
21:38:43:01 In meeting with several city officials earlier this
21:38:49:15 week, it was brought to my attention that the City
21:38:51:24 Council has the perception that Beach Park area fully
21:38:57:06 supports these types of street closings since they have
21:38:59:12 had a history of doing so in the past.
21:39:01:28 It is extremely important to understand the difference
21:39:04:04 between what has happened in the past and what is
21:39:06:18 happening now.
21:39:08:06 In past years, the community was considered only a
21:39:12:04 single street closing that left other streets open as
21:39:15:12 access points.
21:39:16:15 What we're dealing with now is the closing of the sole
21:39:19:27 remaining street that provides the immediate
21:39:22:21 neighborhood with true north-south access.
21:39:25:04 I hope the distinction is quite clear.
21:39:28:16 There presently exists a division of opinion among

21:39:32:12 residents as to whether to best close Ward or have it
21:39:36:21 kept open.
21:39:37:09 Since there are no firm numbers available, let's say
21:39:40:03 half are in favor of closing based on my understanding
21:39:42:21 of the area, it appears that those residents lobbying
21:39:45:22 for the street closure simply want to cut -- stop
21:39:51:28 cut-thru traffic that occurs and will only increase if
21:39:56:21 this commercial intensification is allowed.
21:39:59:07 On the other hand, it is easy to understand that the
21:40:04:07 other half of the residents desire to keep Ward Street
21:40:08:00 open, such an important access point for residential
21:40:12:03 community that has to deal with the ever-increasing
21:40:15:03 severe traffic congestion on Kennedy and Westshore
21:40:18:12 boulevards at several periods of the day.
21:40:20:10 These two stances to close or to keep open represent
21:40:25:12 totally opposite extremes of the spectrum.
21:40:28:04 The city should fully realize that by picking either
21:40:31:03 one of these options over the other will not only need
21:40:33:28 to half of the residents being upset, angry, disgusted,
21:40:38:25 et cetera, with the decision, but will only serve to
21:40:41:06 solve one problem, either helping alleviate cut-thru
21:40:44:16 traffic or maintaining the community's last true
21:40:47:24 north-south access in the neighborhood.
21:40:50:18 At the detriment of the other.
21:40:52:24 It would almost appear to be a no-win situation.

21:40:56:03 However, I firmly believe there is substantial room
21:41:00:27 somewhere between these two opposite ends of the
21:41:03:18 spectrum where middle ground can be found to provide a
21:41:06:09 true win-win situation for all.
21:41:08:12 It's not a simple true-false answer where you might
21:41:13:10 find the right answer be A or B, more akin to a
21:41:16:21 multiple choice where the possible options consist of
21:41:19:03 A, B or C with C being both of the above.
21:41:21:25 From day one, April 2007, finding out about this
21:41:26:16 planned project, I had wondered why we can't have both
21:41:29:22 closure of the street to all outside traffic, means
21:41:33:18 closing Ward as proposed while still maintaining access
21:41:37:21 through this new project being electronic access gate
21:41:41:09 fully funded and maintained by the development.
21:41:45:09 The pictures I provided you -- I'm not sure how to show
21:41:50:24 them on the screen.
21:41:51:24 I went and took these pictures today.
21:41:59:00 Shopping center out in east lake woodland.
21:42:03:13 The next picture, you will see gated access at the rear
21:42:07:07 of the center from this first picture where my finger
21:42:11:03 is, car going to the back.
21:42:14:00 That's the gated access.
21:42:17:09 Different views, gated access leads solely a
21:42:22:06 residential street behind the retail shopping center
21:42:25:00 and office.

21:42:25:18 You'll see a car accessing it.
21:42:27:15 They have card readers.
21:42:30:21 Simply put the coded card on the window, it reads the
21:42:34:25 card.
21:42:35:10 They go through, the gate closes.
21:42:37:19 There's obviously much more detail that can be
21:42:40:13 discussed, but with limited speaking time, I must try
21:42:43:24 to address that at another time.
21:42:45:12 In speaking with numerous residents about this third
21:42:47:27 option, the gated access, I found once they have a good
21:42:53:00 understanding of this scenario, they have predominantly
21:42:56:09 seen this option as the best on the table since it
21:42:59:10 obviously addresses their concerns whether they are on
21:43:02:09 the close Ward Street or keep Ward Street open side of
21:43:07:16 the fence.
21:43:08:04 The main thing I came across at this point -- last
21:43:11:09 paragraph.
21:43:11:27 Can I finish?
21:43:12:21 The main thing I came across at this point is people
21:43:16:07 including various city officials tried to point out why
21:43:19:10 this option will not work.
21:43:20:24 I believe that most people understand to simply say no
21:43:25:06 to something and try and dismiss it is the easy way
21:43:30:07 out, no further work needs to be done.
21:43:34:06 However, it's my suggestion that since this is such an

21:43:37:09 important issue that has permanent impact on the
21:43:40:10 existing residential community, we take the high road
21:43:42:27 by recognizing that indeed this is the best solution
21:43:45:15 for all involved and find a way to get it done.
21:43:48:21 I feel there is more than enough brainpower in this
21:43:52:03 room to accomplish something that should be so simple.
21:43:55:04 We put our minds together and move in the same
21:43:57:25 direction, we should be able to accomplish it.
21:44:00:03 Thank you for your time.
21:44:01:19 And I just wanted to mention I was surprised by the 98%
21:44:05:21 cut through and 2% local.
21:44:09:06 >>CHARLIE MIRANDA: Thank you, Madam Chair.
21:44:11:27 I want to address Mr. Armstrong's remark to the Council
21:44:14:13 or part of it that I think I'm aware of in the price
21:44:15:06 history before I had to go into exile.
21:44:21:12 Eastlake Wood is a private domain.
21:44:24:16 It's different than a city street.
21:44:26:12 I played golf there and set a record for nine holes,
21:44:29:21 212.
21:44:30:06 But on the serious side, I'm not even laughing.
21:44:35:03 I do say things humorous to keep your mind.
21:44:37:18 What I want you all to leave here is with that same
21:44:40:27 humor.
21:44:41:09 You all live in the same area, but you may like me or
21:44:44:03 dislike me after this meeting, that doesn't bother me.

21:44:47:24 I want you to be good neighbors.
21:44:49:09 Number two, the idea is very nice and it sounds good
21:44:52:15 and I applaud you for that, but you cannot have ingress
21:44:56:28 and egress on a city street privately.
21:44:59:12 You can ask the city Legal Department.
21:45:01:25 We went through that many years ago in New Tampa when
21:45:05:01 it was being for annexation.
21:45:07:21 When the gates were done and the other areas in town
21:45:10:24 that I don't want to mention, I don't want nobody to
21:45:14:28 get further upset at me.
21:45:16:03 What I'm saying, I believe that's against City Code.
21:45:19:19 I would like the Legal Department to address that.
21:45:22:21 >>JULIA COLE: You cannot put a gate up that restricts
21:45:25:09 access to public roadways.
21:45:28:09 That is not something legally can be done.
21:45:31:16 >>CHARLIE MIRANDA: You said it so eloquently, no wonder
21:45:33:27 you're a City Attorney.
21:45:35:00 >>GWEN MILLER: Next speaker.
21:45:40:12 >>JOHN DINGFELDER: Just because, Charlie, you mentioned
21:45:42:07 about thinking outside the box, I think what the
21:45:45:04 gentleman is saying that you could theoretically vacate
21:45:47:25 it, give it to the private property, and they could
21:45:51:12 install those gates.
21:45:53:09 Then -- you know, then it's a private operation, a
21:45:57:12 private function and it's no longer a public road and

21:46:00:10 the developer could do it because it's a private road.
21:46:04:06 I'm not saying it would work.
21:46:05:28 I'm not saying I support it, but I think that's where
21:46:08:21 the suggestion is coming from.
21:46:13:18 >>JULIA COLE: I would be really hard-pressed to answer
21:46:15:04 that issue at this moment.
21:46:17:10 Theoretically, yeah, on private property you can
21:46:19:13 install gates, and you would have the ability to have
21:46:22:15 this developer not through any agreement with the city,
21:46:25:22 but with agreement, and decide how they want people in
21:46:29:00 and out.
21:46:29:19 My only concern would be and something I have to look
21:46:32:18 through is on the other side of that gate at some point
21:46:35:27 you do have private streets -- I'm sorry, public
21:46:38:24 roadways and how that would be impacted.
21:46:41:15 So it would require me to research that issue and come
21:46:45:07 to some conclusion.
21:46:54:15 >> Good evening.
21:46:55:07 Do we have a site plan of Gardenia and Cleveland
21:47:07:04 available to me?
21:47:10:10 >>JOHN DINGFELDER: We have this.
21:47:11:16 >> Yeah, something like that.
21:47:12:24 Just so I can point out where I reside.
21:47:16:06 For the record, Eddie Diaz.
21:47:18:01 I'm here representing the dinero trust.

21:47:20:18 We own property on the intersection of Gardenia and
21:47:23:21 Cleveland.
21:47:24:09 And I have been sworn in.
21:47:26:00 Okay.
21:47:40:06 For purposes of orientation, we're probably the most
21:47:44:12 impacted residential lot because Gardenia is at the
21:47:50:28 entrance point of their site plan where all the traffic
21:47:53:09 is going to get into the parking garage.
21:47:55:19 For the record, I have never given my full support to
21:48:02:10 this development.
21:48:04:01 Am I in support?
21:48:05:25 Yes, but there were issues I have raised that have not
21:48:08:09 been addressed.
21:48:09:22 And the things I want to stress to you is I'll address
21:48:12:27 the site plan first and then the closure of the street
21:48:15:22 in a minute.
21:48:16:21 I'm concerned about the ingress and exit out of that
21:48:20:07 parking lot with the lights shining into that lot as it
21:48:24:18 was very astutely pointed out earlier.
21:48:28:06 The problem is, I made my recommendation that the walls
21:48:30:16 for the parking garage, be at a height that if somebody
21:48:34:19 got out of the car and stood up, they cannot look out.
21:48:38:00 That hasn't been addressed.
21:48:39:10 And I would highly recommend that that be addressed.
21:48:42:01 The secondary part is, if it is at all possible, the

21:48:46:19 portion where they are coming out of the parking
21:48:50:18 garage, I would like to have it totally closed in where
21:48:53:15 it's a tunnel as far as I'm concerned.
21:48:55:21 Because, again, I do not want the noise of the cars
21:48:59:15 coming down the round ramp or whatever lights
21:49:02:09 potentially generating.
21:49:03:22 One of the things you can't see here is that there's a
21:49:07:09 round cul-de-sac here.
21:49:09:28 That's half of the property that I have that I'll have
21:49:13:06 to deal with having cars turn around there.
21:49:17:10 That particular corner lot --
21:49:19:09 >>JOHN DINGFELDER: You're pointing to Ward but you
21:49:21:12 really mean --
21:49:22:13 >> This area here.
21:49:23:13 So basically, the utilization of this property is going
21:49:26:15 to be highly, highly undesirable because of all that
21:49:30:15 traffic.
21:49:30:27 So I want to point that out, that that needs to be
21:49:33:18 addressed, and I wanted to point out that I have not
21:49:35:27 given my full support as they said everybody on
21:49:39:25 Cleveland supported it.
21:49:41:12 As far as the closure, I have no problem with it.
21:49:44:13 I think it's a potentially good thing.
21:49:46:27 I personally have gotten off veterans cut through Ward.
21:49:53:12 I'm not going to lie to that.

21:49:56:13 I have a solution that this gentleman brought up about
21:49:59:03 the gates.
21:49:59:22 If it can't be done, it can't be done.
21:50:01:27 The other option I recommended was a one-way street out
21:50:04:25 so we could still utilize the road but getting out so
21:50:08:04 nobody could cut in.
21:50:10:00 So those are the only comments I wanted to make.
21:50:15:12 >>GWEN MILLER: Next speaker.
21:50:17:18 >> Good evening.
21:50:17:27 I'm Chris Ferlita.
21:50:19:12 I have been sworn in.
21:50:21:27 I reside at 5101 West Azeele.
21:50:24:21 That is the intersection of Ward and Azeele.
21:50:27:24 So I feel I would be greatly impacted if Ward was not
21:50:31:03 closed.
21:50:31:15 Right now, I'm not surprised by the 98% cut-thru rate,
21:50:35:13 because I reside on that corner and can tell you 98% of
21:50:40:28 the cars I see come through, make a left on Azeele and
21:50:43:28 head down to Westshore.
21:50:47:04 I'm in support of the development, and I'm in support
21:50:49:09 of the closure of Ward.
21:50:51:03 Beyond that, I'll keep it short and sweet.
21:50:54:12 >>GWEN MILLER: Next speaker.
21:50:59:00 >> My name is Judith Cowell.
21:51:00:27 I have been sworn in.

21:51:02:06 I live at 207 South Sherrill Street.
21:51:05:00 I've lived at that address for 39 years.
21:51:07:15 So I've seen a lot of development in this area.
21:51:10:25 The streets that have been closed were closed in the
21:51:13:19 past to protect the neighbors at their request.
21:51:16:22 Previous City Councils had a promise to this
21:51:20:25 neighborhood that they would maintain the character of
21:51:23:12 this neighborhood.
21:51:24:04 And I feel that if you don't close this street, you are
21:51:27:06 breaking that trust that we have and this council, that
21:51:31:00 the development was taking place would still preserve
21:51:33:24 the character of our neighborhood.
21:51:36:06 Initially, when I moved there, there was no airport.
21:51:39:12 There was no Westshore plaza.
21:51:41:10 When those things were developed, they said, okay,
21:51:45:06 we're just going to keep it on the other side of
21:51:47:28 Kennedy.
21:51:48:21 It will not encroach on your side of Kennedy.
21:51:52:10 Then the development started to encroach on our side of
21:51:55:18 Kennedy.
21:51:56:13 They protected us or somewhat protected us by the
21:52:00:18 buffer zone and by closing the streets.
21:52:03:18 And I feel that you need to keep faith with your
21:52:07:00 previous Council members by closing that street.
21:52:09:24 The gentleman who first came up and objected to the

21:52:12:09 closing of Sherrill Street said so many people don't
21:52:15:10 work.
21:52:15:21 Well, I do work.
21:52:16:28 And I would prefer to see Ward Street closed than
21:52:20:13 1,000 -- how many parking spots, 1,060 parking spaces
21:52:25:13 and double, triple, quadruple, I don't know how many
21:52:28:12 times they turn over during the day coming through our
21:52:31:18 neighborhood and the people who say that it will take
21:52:33:24 us 15 or 20 minutes more to get out on Hoover or
21:52:37:09 Azeele, how much longer will it take you to get out
21:52:40:16 when there are a thousand cars using Cleveland street
21:52:43:18 every day?
21:52:44:27 I feel that you need to close Ward Street to protect
21:52:48:06 this neighborhood.
21:52:48:27 I don't mind using Azeele.
21:52:50:19 I don't mind using Hoover.
21:52:51:27 And I think most of the neighbors don't mind doing that
21:52:54:06 at all.
21:52:54:25 I also like to tell Mr. Dingfelder that if he has a
21:52:58:12 problem with the left-hand turn at Azeele that those of
21:53:01:07 us who have lived in the neighborhood a long time and
21:53:03:13 are going north on Westshore, turn right at Beach Park
21:53:06:24 drive.
21:53:07:04 My daughter lives on the corner, go up a block, go
21:53:10:07 around and use the light on Azeele, and you will have

21:53:13:10 no --
21:53:17:12 [ APPLAUSE ]
21:53:29:15 >>MARTIN SHELBY: Holly.
21:53:31:06 Thank you.
21:53:31:18 One additional minute, please.
21:53:35:22 >> Good evening, ladies and gentlemen.
21:53:37:00 My name is Jeffrey schlino.
21:53:40:03 My wife and I reside at 5105 west Cleveland street, the
21:53:44:25 quote, unquote, Maginot Line of this new development.
21:53:49:12 Yes, I have been sworn in.
21:53:51:04 First, before I get started, I want to thank Emmy
21:53:54:03 Purcell and Ms. Vizzi who have done a lot of work on
21:53:56:21 behalf of the Beach Park homeowners association for
21:53:59:01 many years.
21:54:00:18 I know Emmy has come under the gun lately with a lot of
21:54:03:27 controversy.
21:54:04:09 It's sad that we all can't come together and agree on
21:54:07:00 this, but we do have to address the issue, that the
21:54:11:00 growth genie is out of the bottle in south Tampa and in
21:54:15:04 the Westshore district.
21:54:16:09 You've heard a lot of the professionals here on behalf
21:54:19:00 of the developer, porter developments, speak, that this
21:54:22:24 property is basically zoned for additional growth.
21:54:26:15 I think that Mr. Porter and his company have been

21:54:31:13 honest and forth right with us homeowners, especially
21:54:34:15 those of us who are on west Cleveland street who wear
21:54:37:03 the brunt of this.
21:54:38:03 Those left-hand turns were originally put in to keep
21:54:40:18 the cut-thru traffic from the Mariner business park off
21:54:43:22 of our streets.
21:54:44:15 If you had a police officer on every one of those
21:54:46:18 streets, there would be a windfall in city profits
21:54:48:25 because I can tell you people cut through anyway.
21:54:51:09 As we continue with this, I think it's important to
21:54:56:13 consider that the developer is willing to come in and
21:55:01:18 do a development that's going to benefit all of us in
21:55:05:06 the long run.
21:55:06:27 However, without the closure of Ward Street, those of
21:55:09:18 us who are right in the impact area, this would just be
21:55:13:24 terrible for our neighborhood.
21:55:15:12 We've lived there for 13 years in peaceful coexistence
21:55:19:16 with the commercial and residential side of this
21:55:22:24 aspect.
21:55:23:15 We don't hear any noise or problems.
21:55:30:18 But with a development of this magnitude, if we don't
21:55:32:28 have Ward Street closed, I'm afraid our way of life or
21:55:35:24 our peace and tranquility there will be forever
21:55:38:15 impacted.
21:55:39:12 Thank you.

21:55:40:00 >>GWEN MILLER: Next speaker.
21:55:46:24 >> Good evening.
21:55:47:16 My name is Guillermo pay.
21:55:50:13 I have been sworn in.
21:55:51:27 I would just like to on behalf of my wife and I, by the
21:55:55:12 way, I reside at 5007 Cleveland street.
21:56:00:03 Which is the catty-corner of Cleveland and Ward.
21:56:04:09 If anyone is impacted by this project, it would be me,
21:56:08:00 more than anyone else, because I am right behind the
21:56:13:01 project.
21:56:13:16 If Ward Street is not closed, it would be impossible
21:56:19:25 for me to live in my house because the traffic that
21:56:23:21 cuts through would be so tremendously high I would not
21:56:27:00 be able to get in or out of my driveway, which is on
21:56:31:01 Ward.
21:56:31:16 So I will be very brief to ask all of you to consider
21:56:39:12 closing Ward Street.
21:56:41:09 Without Ward Street, I would not support the project
21:56:44:27 behind my house.
21:56:46:09 Thank you very much.
21:56:47:18 >>GWEN MILLER: Next.
21:56:51:09 >> Good evening.
21:56:51:27 My name is Stephen.
21:56:54:16 I have been sworn in.
21:56:55:24 5005 west Cleveland, right next to Mr. Pie.

21:56:59:27 As he said, we're the most impacted by this
21:57:02:12 development.
21:57:02:18 It started when the developer came in, had a meeting
21:57:05:21 with us saying that he's going to develop this
21:57:07:27 property.
21:57:08:12 Everybody was really against him, but then we
21:57:11:13 understood that he's doing really less density of
21:57:15:12 anybody else.
21:57:16:04 Somebody else can come in and make it much higher
21:57:19:19 density.
21:57:21:06 I guess the lesser of two eviled, let's just have it.
21:57:24:28 So we decided to go ahead and support this development.
21:57:27:19 But closing Ward is most inconvenient to us, too.
21:57:31:18 Me and Mr. Pie.
21:57:32:21 It's better to have that or have all these thousands of
21:57:40:22 trucks coming in, maybe if Publix came in the morning,
21:57:45:04 they have bread, whatever, I don't want to wake up at
21:57:47:04 6:00.
21:57:47:18 I don't like that.
21:57:49:24 [ LAUGHTER ]
21:57:50:03 In any case, one thing about the development, I was in
21:57:53:03 support of it all the way.
21:57:54:16 I'm still kind of in support, but I was out of town
21:57:57:24 about five weeks ago, and I just found out we had the
21:58:02:03 walls of the parking garage to be at six-foot high, so

21:58:05:00 no lights -- I have a pool in the back yard.
21:58:08:01 Open the door and look down and see me on the pool.
21:58:12:24 So I was in support, but now they just changed it to go
21:58:16:03 down to less than six feet.
21:58:18:09 And they said we'll add more bamboo to clock the
21:58:22:21 difference between us and them.
21:58:24:27 So I think we need to relook at that, as Mr. Diaz said,
21:58:28:19 and let's keep it at six-foot high the walls so we have
21:58:31:15 no lights, noise.
21:58:35:18 The parking garage walls.
21:58:39:03 If you have two foot, the lights will shine through.
21:58:41:27 The noise, people can see you.
21:58:43:12 If you have six-foot high walls, nobody can look into.
21:58:46:28 So basically, I'm in support of the development with
21:58:49:27 that comment.
21:58:50:22 And I'm definitely in support of the closing of Ward
21:58:54:18 Street.
21:58:55:03 If Ward is not going to be closed, I'm not in support
21:58:58:12 of the project.
21:58:59:01 >>GWEN MILLER: Next.
21:59:01:22 >> Hello, City Council.
21:59:02:22 Good evening.
21:59:03:07 My name is mark say jack.
21:59:05:13 Homeowner at 5013 West Azeele street.
21:59:09:16 I'm asking the Council to support our Beach Park

21:59:11:27 homeowners association and ensure that Ward is closed
21:59:14:03 and vacated.
21:59:15:03 I'm really doing that primarily to ensure that the
21:59:19:27 safety in the neighborhood of our quadrant of Beach
21:59:22:07 Park is preserved and so that our neighborhood remains
21:59:25:13 a good place, particularly for young families.
21:59:28:04 My wife and I are expecting twins here soon, and we've
21:59:31:18 lived in our home for five years.
21:59:33:12 We want to make that home for a long time.
21:59:35:27 We want to make sure that our neighborhood stays safe.
21:59:38:13 And I know that there are others on the other side of
21:59:41:12 this issue, it's going to be an inconvenience for them,
21:59:43:28 but I really believe this is in the best interest of
21:59:46:09 our neighborhood.
21:59:47:04 Without closing Ward, our neighborhood, our quadrant of
21:59:50:18 the neighborhood is going to become the main way that
21:59:53:09 folks get to the new development.
21:59:55:24 Cleveland, Azeele and Swann are going to be jammed
21:59:59:03 packed with delivery trucks and other vehicles and not
22:00:01:24 just on weekdays, but also on weekends.
22:00:04:12 Again, that's going to change the character of the
22:00:07:03 western part of our neighborhood and make Beach Park
22:00:10:06 less of a safer, nice, livable place for families to
22:00:13:27 live.
22:00:14:15 And I think also it's important to remember that the

22:00:17:03 scope of the project is going to be very big with
22:00:20:21 four-story building and a thousand-space parking
22:00:23:21 garage.
22:00:24:06 And again, the thought of delivery trucks for grocery
22:00:27:22 store barreling through our neighborhood seven days a
22:00:31:15 week at 6:00 in the morning, that's not what I want our
22:00:34:21 family neighborhood of Beach Park to be like.
22:00:37:04 So, again, I want to just raise to you my concern about
22:00:40:27 the impact of the increased vehicle traffic on the
22:00:43:25 children and the families that live in the area.
22:00:46:18 Finally, I want to say that again, we want our children
22:00:52:00 to live in a quiet family neighborhood like Beach Park
22:00:56:01 is right now.
22:00:57:15 Not a cut-thru to a large commercial venue.
22:01:00:13 So I'm just asking you to close Ward Street and support
22:01:04:27 our Beach Park homeowners association position.
22:01:08:12 Thank you very much.
22:01:11:25 >>GWEN MILLER: Next speaker.
22:01:16:12 >> Good evening.
22:01:17:06 Kristen sayjack.
22:01:18:16 I've been sworn in.
22:01:19:19 I reside at 5013 West Azeele Street one house down from
22:01:23:21 the corner of Ward.
22:01:25:12 And I, too, wanted to thank you for the opportunity to
22:01:28:24 speak tonight to articulate our concern.

22:01:30:27 I appreciate the support of the Beach Park homeowners
22:01:34:12 association, and the work the developer has done to try
22:01:37:21 to assuage some of our concerns.
22:01:40:27 My primary concern is the increased vehicular traffic
22:01:44:09 that would result from the large-scale development
22:01:46:27 residing close to that corner of Azeele and Ward
22:01:50:12 already, I can attest to the fact that we have a high
22:01:53:15 volume of traffic, cut-thru traffic as it is, which has
22:01:56:21 impacted a lot of our pedestrian walkers, runners,
22:02:01:03 children bicycling, all generations.
22:02:04:13 And the increased vehicular traffic and delivery trucks
22:02:07:18 seven days a week, 24/7 would severely impact the
22:02:12:09 character and the integrity and the safety of that
22:02:15:01 residential neighborhood.
22:02:16:03 I'd like to speak for some of our elderly members who
22:02:19:19 are not able to make it who live on the adjacent
22:02:23:07 streets of Ward, Swann, Azeele and Cleveland, some of
22:02:27:27 whom have lived there many years and are the heart and
22:02:31:01 soul of our neighborhood and would like them to live
22:02:33:09 out their retirement without the increased traffic, the
22:02:36:06 increased difficulty in walking in their community with
22:02:39:01 their dogs and the noise level of the delivery trucks.
22:02:41:22 I'd like to speak for the children in the neighborhood.
22:02:44:18 Some of our dear neighbors so fond of, Taylor and
22:02:48:03 Maggie who play in the neighborhood.

22:02:49:24 Most sincere, dearest children.
22:02:52:04 Shannon who bicycles around the corner and my husband
22:02:55:27 and our twins that we're expecting.
22:02:58:03 Basically the bottom line I see is a difference between
22:03:01:19 convenience and safety, having grown up in a
22:03:04:21 neighborhood on a busy street and see my sister hit by
22:03:08:21 a car in her own driveway as she was waiting for the
22:03:11:15 bus, that's my worst-case scenario.
22:03:13:21 And I would just urge you to please close Ward so this
22:03:17:03 scenario doesn't happen to any of the children in our
22:03:20:16 neighborhood.
22:03:20:27 I recognize it will be an inconvenience to some of our
22:03:24:00 neighbors further out.
22:03:25:19 I guess I would put it this way as a consultant who
22:03:29:00 works at MacDill Air Force Base.
22:03:30:24 Sometimes there's a little bit of inconvenience in
22:03:32:27 waiting at the gate to get in to security, but the
22:03:36:09 benefits of that safety and security of them checking
22:03:38:28 the vehicle so carefully far outweighs the risks.
22:03:42:07 And I would just ask that the Council approve a
22:03:46:07 decision to support the safety and hope that my fellow
22:03:49:13 neighbors who live further out wouldn't mind taking a
22:03:52:18 little bit longer to keep our generation safe.
22:03:56:06 Thank you for your time.
22:03:58:18 [ APPLAUSE ]

22:04:03:19 >> Good evening.
22:04:05:27 I have been sworn.
22:04:06:24 My name is Stephanie Rasmussen.
22:04:08:21 I represent the owner of 5100 West Kennedy Boulevard.
22:04:12:06 We are the office building that's located at Sherrill
22:04:17:10 Street and Kennedy Boulevard.
22:04:19:01 Right now, our egress from the building has been
22:04:22:13 limited.
22:04:23:06 They closed it off to where our tenants used to turn
22:04:28:00 left out and get onto southbound 275.
22:04:31:12 At this point, we can only go right.
22:04:34:03 And our tenants are concerned with the fact that they
22:04:37:12 close Ward, they'll have no way to get back to 275.
22:04:41:13 Which they now use Ward Street to Cleveland to Hoover,
22:04:46:15 take the light and turn left.
22:04:48:24 So it has been an issue that has come up with our
22:04:51:22 tenants.
22:04:52:15 And yes, I understand it's a cut through but also
22:05:00:06 what's been forced on our tenants with what has already
22:05:03:16 happened with the transportation.
22:05:09:03 >>GWEN MILLER: Thank you.
22:05:10:09 Next.
22:05:11:03 >> I'm Alan TUSINIAN.
22:05:19:10 South Occident.
22:05:23:24 I'm sorry, I have not been sworn.

22:05:25:22 (Oath administered by clerk).
22:05:29:18 >> I live on the corner of Occident and Azeele.
22:05:34:24 And I echo those who are in favor of the closure of
22:05:37:09 Ward.
22:05:37:19 There is a lot of cut-thru traffic already there and
22:05:40:21 already there from the mariner office park.
22:05:43:04 And a lot of that traffic goes through rather fast.
22:05:46:16 Even though there are speed tables in the roadway, they
22:05:50:21 still drive through rather quickly.
22:05:52:16 To add more to that, more traffic to that, people
22:05:55:19 coming to and from whatever development is put on
22:05:58:18 Kennedy, I think would be bad for the neighborhood.
22:06:02:12 I also have a small child.
22:06:04:12 There are a number of people with small children that
22:06:06:15 live on Occident next to me.
22:06:08:12 And I have the corner house.
22:06:09:25 So I see it myself every day.
22:06:11:18 Thank you very much.
22:06:14:03 >>GWEN MILLER: Next speaker.
22:06:18:06 >> Ben bloomstun, 208 South Gardenia Avenue.
22:06:23:06 I've been sworn in.
22:06:24:19 We've been a resident on that street since 2000.
22:06:30:21 When we moved in there, one of the things that we
22:06:33:06 really loved about that street is the amount of -- the
22:06:38:12 lack of the amount of traffic coming down there.

22:06:41:01 Very secluded.
22:06:42:18 I used to say that anybody that actually came down that
22:06:45:18 street, if you lived on that street, well, they were
22:06:49:00 lost.
22:06:49:22 But since the Mariner project has taken over the
22:06:56:06 watermark project, and they are redeveloping there,
22:06:59:04 we've seen a tremendous increase in traffic on both
22:07:02:00 Azeele and Cleveland, and consequently a lot of
22:07:05:18 cut-thru traffic as well.
22:07:07:21 And they just opened a new office section over there as
22:07:12:12 well with a big parking garage, and we're going to see
22:07:15:21 more of the same coming into that development.
22:07:18:03 Which would mean even more cut-thru traffic.
22:07:23:03 I am in favor of anything that will help reduce the
22:07:27:27 cut-thru traffic, and I'm one of the potential cut-thru
22:07:32:00 streets there.
22:07:33:19 The closure of Ward would be something that we
22:07:37:22 certainly would like to see if this development was the
22:07:42:09 one that was going in there.
22:07:44:00 They've worked with us, and we feel pretty good about
22:07:47:27 working with them.
22:07:48:27 Thank you.
22:07:54:00 >> My name is Augie Quinntero.
22:07:56:12 I reside at 201 South Gardenia which is on the corner
22:08:01:03 of Cleveland and Gardenia across from Mr. SAYID and

22:08:06:13 Mr. Pie and Mr.-- the gentleman that owns the two lots,
22:08:10:28 Diez.
22:08:12:01 I live on that corner, and I totally support the
22:08:17:24 project as long as Ward Street is closed, even though I
22:08:21:27 used Ward Street every day.
22:08:23:21 I think that the Council should vote on this, and also,
22:08:31:10 the Council should also take into consideration the
22:08:34:24 light at Azeele.
22:08:37:16 For all of us that live in the neighborhood that are
22:08:39:04 going to give up turning right on Ward Street to get
22:08:44:12 onto Kennedy, I think we need to revisit with
22:08:48:06 transportation, maybe doing a left turn signal at
22:08:53:03 Azeele to go north on Westshore from that neighborhood.
22:08:58:12 This would alleviate.
22:08:59:27 I have used Azeele to cross Westshore on a number of
22:09:04:19 occasions and have found that if there's somebody
22:09:07:15 making a left turn, it may take you two lights, three
22:09:11:07 lights simply because it is a quick light from going
22:09:14:12 across east and west as opposed to north and south.
22:09:17:09 So if I take Cleveland to cross Westshore to make a
22:09:23:12 left-hand turn, I'm putting myself at risk because
22:09:26:01 there are a lot of cars in the early morning rush
22:09:28:25 coming through there.
22:09:29:21 So I support the project, but I also would like to see
22:09:36:01 a turning light or a different sequence over at Azeele

22:09:40:03 for us to exit and go north.
22:09:42:03 In addition, one last thing, Mr. Diaz brought up a good
22:09:46:00 point on the parking garage.
22:09:47:18 I also support the developers trying to put some kind
22:09:52:18 of buffer in the garage for the noise.
22:09:55:27 We do a lot of walking in the neighborhoods.
22:09:59:03 And the project that is on the corner at the Wyndham
22:10:02:12 hotel garage, which we've all been here before on this,
22:10:07:12 as far as the noise and all that, there's a lot of cars
22:10:09:21 that come through squealing their tires.
22:10:13:00 If it's going to be one of those circular driveways,
22:10:18:16 we'll be hearing that in the middle of the night.
22:10:20:12 Thank you for your time.
22:10:27:15 >> Hello.
22:10:28:03 My name is Lucia Keenen.
22:10:29:28 816 Bayside Drive.
22:10:32:07 I'm going to talk about both the vacating and the
22:10:36:07 rezoning.
22:10:36:22 Basically, Beach Park is divided into two zones.
22:10:40:21 The east zone which is on the east side of Westshore
22:10:45:04 and the west zone, which is on the west side.
22:10:48:07 I would say out of the 1300 homes, they are probably
22:10:52:09 equally divided.
22:10:53:15 Let's say we have about 650 homes in our west zone, as
22:10:57:12 I'm calling it.

22:10:58:16 That zone runs from Kennedy south to beach way, and it
22:11:03:00 runs from Westshore all the way to old Tampa Bay.
22:11:06:24 That's a lot of territory to cover.
22:11:09:06 All of the people who live in this west zone are going
22:11:12:12 to be affected by both of these projects.
22:11:16:27 Vacating Ward Street means that the street, as I
22:11:22:21 understand it, is going to remain open at Kennedy for
22:11:25:27 entry and exit, but is permanently closed at Cleveland
22:11:31:15 Street.
22:11:32:12 To be clear as I understand it, the developer already
22:11:35:01 has either a CG or CI zoning, which is going to allow
22:11:40:03 them to build commercial businesses, probably of this
22:11:43:10 type.
22:11:44:06 I really don't understand some of the zoning terms.
22:11:47:03 But as I understand it, they can go forward.
22:11:50:27 Ward Street does not need to be closed for them to be
22:11:53:13 able to develop this property.
22:11:55:01 And I understand that it's going to be reduced density,
22:11:58:06 so that is a good thing.
22:11:59:27 But the question is, why is the developer vacating this
22:12:03:21 street?
22:12:04:06 I still don't really understand that.
22:12:07:06 Is it possibly because in vacating, without vacating or
22:12:13:21 receiving a variance permit, commercial truck traffic
22:12:18:00 would not be allowed to enter onto Ward Street, which

22:12:22:04 as I understand is going to be the entry for the
22:12:25:06 commercial delivery trucks to come in.
22:12:28:21 Ward Street, as I understand it, is a residential road
22:12:31:18 now, therefore commercial traffic could not come down
22:12:35:15 Ward.
22:12:35:27 So the question is sort of what's the deal here with
22:12:38:12 that?
22:12:39:09 If Ward Street is closed at Cleveland, there's a
22:12:42:25 tremendous negative impact on Beach Park's west zone
22:12:46:09 traffic flow.
22:12:47:04 Residents in the west zone depend on Ward Street as a
22:12:51:09 neighborhood driving route to Kennedy, not a cut-thru
22:12:54:25 street.
22:12:55:10 Originally, the west zone had five streets that crossed
22:12:57:24 into Kennedy.
22:12:59:12 One by one over time, these streets have been closed to
22:13:01:22 the neighborhood because of concerns of cut-thru
22:13:04:16 traffic.
22:13:05:09 Recently installed speed tables along Azeele and
22:13:08:09 Cleveland streets seem to have successfully calmed and
22:13:11:13 prevented a lot of this cut-thru traffic.
22:13:14:12 If Ward Street is closed at Cleveland, Beach Park's
22:13:18:04 west zone will now only have one entry exit to Kennedy
22:13:22:01 at Hoover street.
22:13:23:12 Hoover is at the far most western point of the zone at

22:13:27:03 the entrance to the Howard Frankland bridge down by old
22:13:30:15 Tampa Bay.
22:13:30:27 Ward Street is closer to the eastern part of the zone,
22:13:35:16 closer to the Westshore intersection.
22:13:37:07 Hoover street is difficult to access during peak times
22:13:40:12 due to bridge traffic congestion and is out of the way
22:13:43:18 for so many of the residents who live in this zone.
22:13:46:13 In my 15 years driving the west zone, the traffic I
22:13:50:06 have observed is mainly neighbors either living in the
22:13:54:22 zone or in surrounding south Tampa neighborhoods going
22:13:58:00 to and from their destinations.
22:14:04:15 >>JOHN DINGFELDER: Where are you on the west zone?
22:14:07:09 >> Bayside Drive closer to Beach Way at the very end.
22:14:12:12 >>GWEN MILLER: Next speaker.
22:14:18:07 >> Good evening.
22:14:19:00 My name is Joseph Phillip.
22:14:21:06 201 South Trask in the east zone.
22:14:25:04 >>JOHN DINGFELDER: Starting to sound like Berlin, I
22:14:27:03 think.
22:14:28:21 [ LAUGHTER ]
22:14:29:24 >> Everybody here has to be neighbors, and I really
22:14:33:12 appreciate everybody's hard work.
22:14:35:07 It's a tough decision.
22:14:36:13 Very ambitious project.
22:14:39:06 I've been hearing a lot of words about grocery stores,

22:14:42:15 but couple of years ago, we had a Kash N' Karry right
22:14:46:15 there.
22:14:47:00 And I called regency properties up in Jacksonville,
22:14:49:25 they developed that property.
22:14:51:09 There's a Starbucks there now.
22:14:52:24 They said there's no way that a grocer could survive in
22:14:56:12 that Westshore district.
22:14:57:25 So I don't know how we're going to get a grocery store
22:15:00:16 in that area.
22:15:02:10 And the people that managed that property, you know,
22:15:05:06 they run the regency square mall and they own a large
22:15:08:12 Burger King franchise.
22:15:09:27 They pretty well know the food business.
22:15:12:09 I don't know if there's a grocery store going to be in
22:15:15:10 there.
22:15:15:21 But if there is, the project will have a massive impact
22:15:21:24 as a cut-thru for Ward Street, and the neighborhood
22:15:25:03 will suffer because of that.
22:15:27:00 So there are some neighbors back up along the water in
22:15:30:06 Sandpiper and Spanish -- whatnot.
22:15:33:00 They are more exclusive properties.
22:15:35:18 For them, it will be an inconvenience.
22:15:37:18 But for the majority of the property owners, they are
22:15:40:27 going to suffer if that street remains open.
22:15:43:24 Also, the neighborhood is going to flourish or suffer

22:15:52:10 depending on what is successful in that real estate
22:15:54:28 development.
22:15:55:13 You know, at the corner of Gardenia and Kennedy, it
22:16:01:09 used to be a service merchandise, then a Luria's, now a
22:16:05:10 Sports Authority.
22:16:06:03 There's no guarantee in the free enterprise world
22:16:09:06 especially in today's real estate market of what will
22:16:11:27 be successful there.
22:16:12:27 Keep that in mind as you make your decision.
22:16:15:10 Also, remember this, everybody is going to get paid.
22:16:19:12 The architects, the engineers, the attorneys, the
22:16:22:18 developers, everybody is going to get a lot of money
22:16:25:18 for this, and we're going to have to live with the
22:16:29:15 decision.
22:16:30:03 Mr. Stair, he had some very good points in the
22:16:38:00 beginning tonight.
22:16:38:27 However, like many situations in life, what looks good
22:16:41:21 in theory is not necessarily the most practical in
22:16:45:10 real-world example.
22:16:51:13 That's all I have to say.
22:16:53:09 >>GWEN MILLER: Thank you.
22:16:53:22 Next speaker.
22:16:59:15 >> Hello.
22:17:00:09 My name is Eric sandhorn, 5012 West Azeele.
22:17:05:15 I have been sworn in.

22:17:06:18 I'll keep my comments brief.
22:17:08:06 I wanted to address the fact that I am in support of
22:17:12:12 the project, especially the closing --
22:17:16:00 >>JOHN DINGFELDER: What's your cross street?
22:17:17:18 >> I'm three houses to the east of Ward on Azeele.
22:17:24:00 So as has been expressed by my neighbors and several
22:17:29:12 people around, we do see primarily cut-thru traffic.
22:17:33:22 I have one of those speed bumps in front of my house
22:17:37:01 and it doesn't work.
22:17:38:06 I hear the metal scraping across it all throughout the
22:17:41:25 night.
22:17:42:06 So I know they don't work.
22:17:43:18 And we do get a lot of cut-thru, not just from Ward.
22:17:47:01 We get it from Hoover also, but there is quite a great
22:17:50:18 deal of cut through.
22:17:53:28 Likewise, I have two young daughters.
22:17:56:25 It's a great neighborhood to live in.
22:18:00:24 I just don't want them riding their bike on Azeele,
22:18:04:07 although for some reason, Ward is fine, just on the
22:18:07:03 other side of Azeele.
22:18:09:12 That's because all the traffic does seem to go right in
22:18:12:21 front of my house there.
22:18:14:13 I would be in support of closing Ward regardless of
22:18:18:03 whether the project goes through or not.
22:18:20:12 But I am in support of all the steps they have taken to

22:18:26:12 see that it is consistent with what we want in our
22:18:29:21 neighborhood.
22:18:30:09 Thank you for your time.
22:18:36:27 >> John Larkins, property at 207 south O'Brien.
22:18:40:10 I have been sworn.
22:18:42:18 I've been listening to all the presentations up to this
22:18:44:28 point and specifically -- my daytime job is I teach
22:18:48:22 history at HCC.
22:18:50:10 All I keep falling back to is September of 1938 when
22:18:53:27 Hitler moved troops into the Rhineland and everybody
22:19:00:24 said okay.
22:19:01:25 Then he moved in and took over Czechoslovakia.
22:19:06:27 Let's equate that to Sherrill and then my street,
22:19:09:25 O'Brien.
22:19:10:21 If I have a house fire, the fire engine has to come
22:19:13:21 down Westshore, over Kennedy, negotiate the light at
22:19:16:21 Kennedy and Memorial and then another light at Hoover.
22:19:19:24 Come down Hoover, take a left to come in on Azeele or
22:19:23:03 Cleveland to get to my house.
22:19:24:22 I had a heart attack in that house on January 22nd,
22:19:28:00 1984 that was Super Bowl Sunday.
22:19:31:13 And the fire department could not provide an ambulance.
22:19:33:24 I went to Tampa general in the backseat of my
22:19:36:21 neighbor's Jimmy because there was so much traffic
22:19:40:21 congestion at rush hour which is the same thing in the

22:19:44:00 morning, same thing at night.
22:19:45:12 I appreciate the work of the homeowners association,
22:19:47:19 but I also have to say having lived there since 1983,
22:19:51:18 since 1984, I've gotten two pieces of correspondence
22:19:54:24 because the homeowners association can't even figure
22:19:57:03 out a way to send notices to my house of what's going
22:20:00:03 on.
22:20:00:15 And there are a number of people opposed to the closure
22:20:03:18 of Hoover -- or to the closure of Ward.
22:20:05:21 It could be a turned into a one-way street out bound as
22:20:10:01 one solution but the only way the fire department can
22:20:12:19 get directly to my house without having to negotiate
22:20:15:03 all these other things, the speed lumps on Azeele and
22:20:18:18 Cleveland already which further delay either the
22:20:20:09 ambulance or fire department for responding to
22:20:22:24 emergencies.
22:20:23:04 I thank you for your time.
22:20:32:01 >> Margaret Vizzi.
22:20:34:00 I have been sworn.
22:20:34:25 I must comment on what the gentleman just said.
22:20:37:24 The ambulances and fire engines come from the church
22:20:40:18 street station.
22:20:41:12 I guarantee you they come up Westshore, come up Azeele
22:20:46:27 and that's how they get to us.
22:20:48:12 Not off of Kennedy as he stated.

22:20:50:16 That is just not the case.
22:20:51:27 It's very interesting what you're hearing from Beach
22:20:57:18 Park this evening.
22:20:58:25 We have never had I guess an issue that divided the
22:21:02:03 neighborhood as this one has, though I think what
22:21:05:07 you've heard this evening and the responses that we've
22:21:08:15 gotten and the petitioner has gotten, the majority of
22:21:11:28 the neighborhood that would be impacted by this
22:21:15:10 development is most surely in favor of closing Ward
22:21:24:00 Street and in favor of the development.
22:21:25:15 Though I do have one concern that was mentioned
22:21:28:12 earlier, that they have reduced the height of the walls
22:21:30:16 in the garage.
22:21:31:12 I knew nothing about that, and I hope they change that,
22:21:34:09 because that was one of the conditions that was on the
22:21:36:16 plan.
22:21:36:27 The homeowners association is directed to look out for
22:21:42:04 the neighborhood, to do the best that we can.
22:21:45:00 When we had our general meeting that people have
22:21:47:16 referred to, we did not have all of the points that
22:21:52:22 needed to be discussed and looked at.
22:21:56:18 So the board was given the direction to continue to
22:22:01:06 work with the developer, the immediate neighbors, those
22:22:03:25 people who would be most surely impacted.
22:22:07:00 And that's what we did.

22:22:08:12 The board met often with the developer.
22:22:11:12 He has bent over backwards.
22:22:14:12 I don't think you've ever had a plan with this many
22:22:16:18 conditions on it as this one does.
22:22:18:28 And the issue that was addressed, that you can keep the
22:22:25:03 construction trucks out of the neighborhood is just not
22:22:27:00 the case.
22:22:27:27 When the urban center was built, that was part of it.
22:22:30:21 They couldn't even have their construction tractors --
22:22:36:16 I mean, trailers where they worked.
22:22:40:18 It had to be on the other side within their development
22:22:43:24 and not along Cleveland.
22:22:45:04 So I don't see how they can say that you can't keep
22:22:47:25 trucks out when we are a no truck zone.
22:22:51:07 So there are so many other things.
22:22:53:18 Judy Cowell touched on many of the points that I wanted
22:22:57:03 to bring out that this neighborhood has had to fight
22:23:00:21 for its existence for a very long time even before the
22:23:05:06 Beach Park Homeowners Association came into being
22:23:09:03 approximately 20 years ago, because we had all of that
22:23:12:03 impact of development on Kennedy Boulevard.
22:23:15:04 And only through the closing of the streets, the first
22:23:18:03 one was Sherrill and that was because it took the death
22:23:22:16 of someone on Cleveland and Sherrill to make the city
22:23:27:06 realize what was happening with the cut-thru traffic.

22:23:29:19 That time, they were coming from Town N' Country, going
22:23:33:01 to MacDill.
22:23:34:01 But over the years, the cut-thru traffic has gotten
22:23:37:06 terrible because of the development, back on Mariner
22:23:40:10 and this will only make it worse, and for anyone to say
22:23:47:00 that only -- that the traffic they see are only
22:23:51:00 residents of the area, you heard the traffic study, 98%
22:23:55:27 are cut-thru traffic.
22:23:57:15 So, please, Council, approve the closing of this street
22:24:03:13 as you approve the development.
22:24:06:06 Without that, we may have an even more intense
22:24:08:24 development with no consideration for the neighborhood.
22:24:12:16 And that would be terrible.
22:24:14:03 Please, Council, do what the Council who gave that land
22:24:18:21 use and zoning way back when, I know Mr. Miranda wasn't
22:24:23:00 on Council then.
22:24:24:03 Zoning conformance, it was somebody else.
22:24:29:15 I'm talking zoning conformance.
22:24:31:15 >>CHARLIE MIRANDA: May I speak?
22:24:32:13 Thank you for mentioning my name.
22:24:36:28 It gives me an opportunity to speak.
22:24:38:16 [ LAUGHTER ]
22:24:39:19 That was not programmed that way, but no, in
22:24:43:06 seriousness, on the southwest corner of Kennedy and
22:24:48:03 Westshore, before the hotel was there, there was a

22:24:51:27 restaurant there.
22:24:53:10 Do you remember that?
22:24:54:12 >> Sure.
22:24:56:15 >>CHARLIE MIRANDA: It came to zoning for the hotel, and
22:24:59:12 it passed 4-3.
22:25:04:12 That was of 1975, '76, in through that era.
22:25:09:12 I voted against the zoning.
22:25:11:01 And I said then that this is going to lead something
22:25:14:22 much more intense of what we're doing that evening.
22:25:18:12 Whether I was right or wrong, only history is going to
22:25:20:27 tell, but I do remember -- you're right.
22:25:23:27 I was not here when they closed Occident, Gardenia and
22:25:29:06 Sherrill.
22:25:32:09 >> I was talking about during zoning conformance -- was
22:25:37:25 actually sitting in the seat when zoning conformance
22:25:41:03 came about.
22:25:41:21 We were down here in droves trying to hold down that
22:25:44:27 land use.
22:25:45:10 And zoning that was given us at that time.
22:25:50:07 So we have been fighting this battle for a long time.
22:25:52:25 So, Council, please continue to protect us as
22:25:57:15 development along Kennedy moves forward.
22:25:59:15 Thank you.
22:26:00:18 [ APPLAUSE ]
22:26:08:25 >>JOHN DINGFELDER: Ms. Vizzi was last but not least.

22:26:11:06 I had a question to Mr. Smith and his team.
22:26:13:12 The neighborhood reinforced one of my concerns which
22:26:22:22 was the light and noise coming out of the garage.
22:26:24:22 Frankly, if I lived along there, I wouldn't support
22:26:28:12 this project unless you put up solid walls on the south
22:26:31:15 end of your garage.
22:26:33:06 Six-feet walls is fine and I think that would cut the
22:26:35:19 light and it would cut the people looking into the
22:26:38:12 swimming pools and what have you, but that wouldn't
22:26:43:09 stop the noise.
22:26:44:12 So I would hope over the next couple of minutes, you
22:26:47:27 give strong consideration and talk to your client about
22:26:50:25 solid walls on the entire south side of your garage
22:26:53:18 structure.
22:26:53:28 I know it sounds like a little overkill, but this is a
22:26:56:24 big parking garage.
22:26:58:18 I do know the impact that the urban center garages have
22:27:02:28 on their adjacent neighbors.
22:27:05:21 I'm probably one of the squealing tires that does go
22:27:08:12 around there, but for whatever reason, you hit those
22:27:11:09 garages, and your tires squeal, I don't know why.
22:27:15:06 But anyway.
22:27:17:03 That corner is interesting because the international --
22:27:19:24 what was that hotel, international inn.
22:27:21:22 >> Before the international inn.

22:27:23:13 That's when it was built.
22:27:24:18 But there was a restaurant there.
22:27:30:04 >>JOHN DINGFELDER: The international inn, President
22:27:32:06 Kennedy spoke there when he was here in '63.
22:27:41:03 >>GWEN MILLER: Mr. Smith, do you want to rebuttal?
22:27:43:10 >> Yes, I think so.
22:27:44:10 Very briefly and also the developer would like to
22:27:48:24 respond directly to a couple of comments of Council.
22:27:53:15 Just very quickly.
22:27:54:15 No surprise.
22:27:55:06 As indicated this is a question of convenience,
22:27:57:03 inconvenience, and who is the most inconvenienced or
22:27:59:16 convenienced by the closing of Ward.
22:28:02:09 I can say the consensus is the developer has done what
22:28:05:04 he can do to address the people that he's told to meet
22:28:08:28 with.
22:28:09:13 And work with them towards the community associations
22:28:13:10 as the contacts and the conduit to give the
22:28:17:15 community -- I think we've done a good job in doing
22:28:19:18 that.
22:28:20:03 A couple of clarifications, though, fire department and
22:28:22:25 police department have reviewed this vacation.
22:28:24:18 They have no problems with providing emergency service.
22:28:27:03 We will not disrupt their flow and response to calls
22:28:30:09 whatsoever.

22:28:31:15 The grocery store that's on the zoning plan, the top
22:28:34:15 floor will be a grocery store.
22:28:35:24 It's not a grocery store.
22:28:37:00 We're not going to have the square footage so there
22:28:39:10 won't be any trips associated with it, but we've worked
22:28:41:25 very hard with the grocery store to go there.
22:28:45:03 And God willing, when the zoning is approved and we
22:28:47:18 move forward, we'll be able to move forward and
22:28:49:21 finalize those plans.
22:28:51:10 >>JOHN DINGFELDER: Do you have a contract already?
22:28:53:01 >> There's one that's being exchanged as we speak.
22:28:55:19 You know how these things work.
22:28:57:09 I can't really tell you much more than that.
22:28:59:18 But it's a nice grocery store.
22:29:01:19 We also don't have circular ramps in this.
22:29:08:06 It's not a helical ramp anymore.
22:29:10:01 It's a speed ramp that goes straight up.
22:29:12:00 The amount of turning movements that you have in tight
22:29:14:03 garages is not going to be the same situation that you
22:29:16:21 have in the urban center.
22:29:18:01 So basically, you have a ramp that comes up, they turn
22:29:21:12 off.
22:29:21:18 So you don't have these tight corners in a tight garage
22:29:25:09 configuration.
22:29:26:04 The squealing is not as bad.

22:29:29:09 The developer is going to talk to the closing of the
22:29:32:09 garage on the back, but I think it's clear, we are not
22:29:36:12 using the right-of-way for any F.A.R.
22:29:39:06 We could build over 182,000 square feet of development
22:29:42:24 on the CG parcel as it sits today.
22:29:46:10 We're proposing less than that to be built and not
22:29:49:25 using Ward as to increase any square footage that we
22:29:54:00 could possibly have on the site development.
22:29:56:27 I think that the clarification on the cut-thru traffic
22:30:00:01 is probably about 78%.
22:30:04:03 About 78% p.m. peak hour is cut-thru traffic.
22:30:07:27 It's documented in the studies.
22:30:09:07 I think that there are some things that, you know,
22:30:15:06 people are obviously concerned about, if you're
22:30:17:19 changing what they are used to doing, you would have a
22:30:21:27 split like this.
22:30:23:07 We knew that would be the case and we hope we put a
22:30:25:15 plan together that addresses those concerns.
22:30:27:00 With that, I'll let the developer speak to a couple of
22:30:30:00 on-point questions and comments.
22:30:31:28 Thank you.
22:30:32:13 >> Good evening.
22:30:32:28 Les porter.
22:30:34:09 I'm the developer.
22:30:35:15 I've been sworn in.

22:30:37:03 I think it's obvious.
22:30:38:18 I'm the guy sitting in the front sweet sweatin'.
22:30:41:09 Extremely nerve-wracking.
22:30:47:22 Spent probably two years on this project.
22:30:49:22 And our approach is, you know, we identify zone
22:30:53:22 property.
22:30:54:03 The land use is in place, it's underutilized.
22:30:58:03 And then our next objective is to meet with the
22:31:04:18 community and figure out what is acceptable.
22:31:07:22 The draw to this piece of property was it was RMU 100.
22:31:12:15 The land use on it we could -- if we extracted all the
22:31:15:28 entitlements, we would almost get to a million square
22:31:19:18 feet.
22:31:19:28 We're not even coming close to that.
22:31:22:01 And in meeting with the neighborhood, the main issue
22:31:26:06 was close Ward.
22:31:27:24 Close Ward.
22:31:28:27 Close Ward.
22:31:29:22 That's what I heard over and over and over.
22:31:32:00 So that's the way we designed the project.
22:31:34:27 And I had battles with my tenants, because they want as
22:31:39:09 much access as possible.
22:31:42:00 As a developer, I identify real estate and its
22:31:45:22 visibility, access, and location.
22:31:48:19 And I'm cutting off access to the project to attempt to

22:31:53:19 not overwhelm the community, but deliver neighborhood
22:31:57:12 uses and all the other positive attributes this
22:32:01:04 particular project we feel has.
22:32:03:27 We made a tremendous amount of concessions on the front
22:32:10:03 end of this project.
22:32:13:06 A lot of the discussion revolved around the garage.
22:32:15:13 We agreed to keep the garage at 45 feet, and we agreed
22:32:21:00 to give a huge buffer in the back.
22:32:24:24 Code says we can build at 25 feet.
22:32:28:19 And let me digress a little bit.
22:32:32:21 Our tenant not just one particular tenant, but some of
22:32:37:06 the tenants wanted trucks outside of the garage.
22:32:40:22 We had a service drive behind the garage.
22:32:43:03 That makes sense for me also.
22:32:45:09 I can keep the garage down.
22:32:47:00 It's less cost.
22:32:48:10 The neighborhood hated that idea.
22:32:51:06 We designed the garage so we could bring the trucks
22:32:55:07 through the garage.
22:32:56:27 Had to raze the garage, increase costs.
22:33:01:07 Again, that agreed noise concerns.
22:33:04:04 Now we have all the vehicular traffic enclosed within
22:33:07:00 the garage.
22:33:08:00 For me to build a solid wall, you know, I would have a
22:33:11:18 closed garage at that point.

22:33:14:10 >>JOHN DINGFELDER: Talking about solid on the south.
22:33:16:19 >> Correct.
22:33:17:07 But the way my garage is designed is it abuts the
22:33:21:12 retail structure.
22:33:22:15 So every retail -- well, what it triggers is a design
22:33:27:24 garage -- excuse me, a closed garage at that point, so
22:33:31:09 it prevents ventilation.
22:33:33:13 We have to mechanically ventilate it.
22:33:36:25 >>JOHN DINGFELDER: How about the other two sides?
22:33:39:19 There are four sides --
22:33:41:12 >> The other two sides, there's not a lot of depth to
22:33:46:01 the garage.
22:33:46:27 It's linear going east-west.
22:33:49:00 So I close that and then half of the garage is abutting
22:33:53:18 the retail structure.
22:33:55:01 It's a closed garage at that point, which we try to
22:33:58:10 avoid in design.
22:33:59:21 Also having the sheer wall -- we tried to address --
22:34:05:25 the way we tried to address noise and light was with
22:34:08:27 landscaping.
22:34:11:15 And we did attempt to design the walls at six feet.
22:34:19:07 But, again, the way the garage is designed,
22:34:22:06 structurally, you have a three-foot -- you have your
22:34:28:09 crash wall, whatever you want to call it at the bottom
22:34:30:15 which is about four feet.

22:34:31:27 So you have about three feet of space in there if you
22:34:34:21 design it conventionally.
22:34:36:27 You raise the bottom wall to six feet and now you have
22:34:39:27 about a 12-inch gap.
22:34:42:12 In essence, it's a closed garage.
22:34:45:16 It didn't make a lot of sense for us.
22:34:47:12 So I contacted the neighborhood.
22:34:49:03 I didn't want to just take the note off, put it in and
22:34:52:09 then they are surprised.
22:34:53:22 So I called Emmy, the president of the association, who
22:34:57:24 is my point of contact and said, hey, this is what I
22:35:00:15 want to do and here is why I want to do it.
22:35:03:06 Because I want to do this, what I'll do is increase the
22:35:05:25 bamboo.
22:35:06:15 Because also what they wanted me to do was plant bamboo
22:35:10:03 along the wall because it's very dense and grows
22:35:12:24 quickly.
22:35:13:22 We agreed to plant ten to 12 feet.
22:35:16:09 I said, look, I'll plant the bamboo at 20 feet, so the
22:35:20:03 bamboo is 60 feet from the garage at some point.
22:35:23:27 Anyway, we're planting at 20 feet.
22:35:26:01 It will grow quickly, about five feet a year.
22:35:29:10 That will screen anybody looking out if they are going
22:35:31:21 to stand there and try to look 60 feet into someone's
22:35:35:03 backyard.

22:35:35:27 In addition, you have all these oaks we have to plant
22:35:39:12 and the bamboo that starts at planting at 20 feet.
22:35:42:21 So I felt like that was a good compromise.
22:35:45:09 I got good feedback from the neighbors that I discussed
22:35:49:16 it with.
22:35:50:09 And that's how we arrived at the screening issue.
22:36:03:12 >>JOHN DINGFELDER: Number eight on your drawing shows
22:36:05:04 what appears to me to be the east exposure.
22:36:07:12 The east exposure is wide open.
22:36:09:12 So it's not an enclosed garage if you close the south
22:36:13:06 end, which is what I suggested, on the bamboo side
22:36:17:12 here, then you still got at least this entire east side
22:36:20:25 that's open for ventilation and what have you.
22:36:24:18 And I don't know what is happening on the west side.
22:36:26:27 I would assume that's open, too.
22:36:29:10 >> It is open.
22:36:30:03 >>JOHN DINGFELDER: If the east side and west side are
22:36:32:00 open, it's not a closed garage, you can have
22:36:34:24 ventilation.
22:36:35:12 At least on the south side, you could seal it off.
22:36:39:12 >> No, sir.
22:36:40:00 Because the depth of the garage is about 120 feet,
22:36:44:04 right and that's your east and west wall.
22:36:46:12 So those walls are open, you have a total of 240 feet.
22:36:49:13 The wall that spans on the west -- excuse me, north and

22:36:54:18 south, the south wall is about 600 feet.
22:36:57:19 So when you close that and then the retail building
22:37:00:12 abuts the north wall and the retail frontage is roughly
22:37:04:27 about 275 to 300, so that's gone also.
22:37:07:28 So at that point, what my parking garage contractor is
22:37:14:12 telling me is I have a closed garage and we have to put
22:37:16:18 the giant fans in there to mechanically ventilate it.
22:37:20:04 So we didn't want to do that.
22:37:21:24 We felt that was an inferior product so we tried to go
22:37:25:13 out to the neighborhood and say, how about this?
22:37:31:06 >>JOHN DINGFELDER: How about if you raised the wall and
22:37:35:25 left it ventilated with a slit or something to reduce
22:37:38:13 the noise?
22:37:39:21 >> It would be considered a closed garage at that
22:37:42:22 point.
22:37:50:00 >>MARY MULHERN: [microphone not on] is that actually a
22:37:58:12 street?
22:37:58:24 What street is that?
22:38:03:09 >> On the western border of the most western property
22:38:06:06 line?
22:38:06:28 >>MARY MULHERN: Yeah.
22:38:09:15 >> That's a two-story parking garage and an office
22:38:11:12 building on the extreme western side.
22:38:13:18 >>MARY MULHERN: Right, but is there a street in
22:38:14:21 between?

22:38:15:10 >> No, ma'am.
22:38:15:28 Right now what exists is, like, show you landscape,
22:38:20:12 that is going to be all landscaped area between their
22:38:23:00 parking garage and our parking garage.
22:38:24:22 So on the plan where that grand tree that you said you
22:38:29:03 saw earlier which was on the western boundary, from
22:38:31:16 that grand tree back to the southern property line is
22:38:34:07 all going to be greenspace.
22:38:36:06 >>MARY MULHERN: Okay.
22:38:36:18 So that is not now and it won't be --
22:38:39:19 >> What it is now is an asphalt parking lot.
22:38:42:25 Right now, the asphalt parking lot --
22:38:45:24 >>MARY MULHERN: But there's no access off of Kennedy
22:38:47:13 there?
22:38:48:06 >> What's off of Kennedy right now, there's -- it
22:38:50:13 doesn't go through to Ward.
22:38:52:15 That dead ends in the property.
22:38:54:18 There are two little stubouts that go to Kennedy
22:38:58:15 currently.
22:38:59:00 I'll get an aerial and show that to you.
22:39:02:01 >>MARY MULHERN: I can see.
22:39:03:06 I'm looking at it.
22:39:04:01 It's on there.
22:39:07:21 >> Those connections are really for the purposes of the
22:39:10:03 office building to the west that's off our site,

22:39:12:16 because when they re-did the alignment of Kennedy
22:39:15:03 Boulevard, they basically left them only with access to
22:39:19:00 the next street over, which is Sherrill or O'Brien, one
22:39:24:03 or the other that gets them out to Kennedy Boulevard,
22:39:26:18 and they gave them this kind of combined point of
22:39:30:21 connection.
22:39:31:09 During our construction plan approval with F.D.O.T.,
22:39:34:07 we're going to modify that to clean that up to make it
22:39:38:27 better for F.D.O.T. purposes and still provide access
22:39:41:27 to that office building to the west.
22:39:44:18 >>MARY MULHERN: Okay.
22:39:45:06 But it's not going to provide access to your property
22:39:47:03 at all?
22:39:48:01 >> It's basically only going to provide an exit,
22:39:50:09 because you can't give them -- you can't continue to
22:39:52:24 allow the office building and then cut it off.
22:39:55:28 They want to have cross access between those properties
22:39:58:09 so the people don't have to get out to Kennedy G down
22:40:02:06 the next street and cut back down.
22:40:04:03 They want them to have the access to Kennedy but also
22:40:06:09 have the ability to get to the adjacent property.
22:40:08:16 That's F.D.O.T.
22:40:10:21 >>MARY MULHERN: This is my question for you.
22:40:12:27 The only -- the entrance into your new building is
22:40:22:24 going to only be on what was Ward Street, but is going

22:40:30:03 to become basically a driveway entry to your property.
22:40:35:03 Is that right?
22:40:35:15 Where else can you get in?
22:40:39:03 >> You get in at the light at Gardenia.
22:40:41:15 Everything will have cross access.
22:40:43:01 So you would have an access point, ingress, egress at
22:40:46:27 Gardenia, and you would have ingress, egress at Ward,
22:40:50:27 and then you would also be able to -- I mean, the
22:40:56:03 westernmost driveway shared with the office building
22:40:59:12 would also allow.
22:41:02:24 >>MARY MULHERN: So there is access from there.
22:41:04:07 That's what I was asking you.
22:41:05:12 No?
22:41:14:03 >> I believe you are referring to the two stubouts
22:41:16:24 here.
22:41:22:06 There's an out only.
22:41:23:09 This would be the internal -- the ingress into the site
22:41:26:10 on the western side of the stubouts.
22:41:28:13 And you can see that here on the aerial.
22:41:33:27 So you could come into the complex that way and then go
22:41:36:16 around into the parking that is located on the front.
22:41:40:00 >> Well, I'm curious, because the loading area is over
22:41:42:27 there.
22:41:43:12 So is that where the trucks are coming in?
22:41:46:24 >> Let me give you -- I can point to this one and give

22:41:49:07 you a complete picture.
22:41:50:18 Two things.
22:41:52:15 One, the main ingress and egress point will be at the
22:41:55:18 Gardenia light because that's where the entrance to the
22:41:57:27 parking garage is, and it ramps up into the parking
22:42:02:27 structure.
22:42:03:09 The primary access will be through here.
22:42:06:06 And also, there will be a left turn into the center of
22:42:10:00 the development.
22:42:10:21 That will facilitate the utilization of the
22:42:13:04 drive-through tellers, which are being relocated to
22:42:16:03 exit out onto Gardenia.
22:42:20:00 The service drive will be in here, comes in, around,
22:42:22:27 loads, and then exits the garage here.
22:42:28:28 So all of the circulation is internal to the garage or
22:42:33:03 is in front of the garage by the buildings.
22:42:36:10 So what we have --
22:42:39:00 >>MARY MULHERN: So your trucks are all going to be
22:42:41:13 going back down around close to that southern border
22:42:44:04 where the houses are.
22:42:45:09 >> They come in here.
22:42:46:09 They come around.
22:42:47:12 They load.
22:42:48:07 And then they come in the garage through here and out.
22:42:52:01 And again, that's where we have 47 to 60-foot minimum,

22:42:58:00 you know, buffer area plus all the plantings and
22:43:02:15 landscaping.
22:43:03:09 Eight-foot wall at the property line.
22:43:06:12 Does that answer your question?
22:43:08:18 >>MARY MULHERN: Yes.
22:43:09:03 >>GWEN MILLER: We need to close the public hearing.
22:43:11:03 We have a motion and second to close the public
22:43:12:21 hearing.
22:43:13:06 All in favor of the motion, aye.
22:43:18:09 >> I have one more question.
22:43:20:15 >>JOHN DINGFELDER: I have one more question.
22:43:21:18 I needed to ask Wilson Stair a question in regard to
22:43:25:21 the garage.
22:43:27:07 >>CHARLIE MIRANDA: Move to reopen the public hearing.
22:43:28:22 >>JOHN DINGFELDER: I'm sorry.
22:43:29:12 I'm sorry.
22:43:30:12 I'm sorry.
22:43:31:21 >> Second.
22:43:34:15 >> Wilson Stair --
22:43:40:15 >>MARY MULHERN: I seconded.
22:43:41:13 We just need to vote.
22:43:43:01 >>GWEN MILLER: All in favor, aye.
22:43:44:19 >>JOHN DINGFELDER: Wilson, we heard from the applicant
22:43:47:00 about the garage, and you deal with garages downtown
22:43:52:27 and Channelside, et cetera, on a frequent basis.

22:43:57:12 There's no engineer that's testified tonight in terms
22:44:02:15 of the requirements of ventilation and all that.
22:44:06:21 But I need to rely on somebody's experience in this, is
22:44:11:06 there an opportunity for the developer to be creative,
22:44:14:21 leave the east side open, leave the west side open, and
22:44:18:15 ventilate, slit, pock holes on the south side, but
22:44:26:18 still make almost a solid south side and be able to do
22:44:32:18 this?
22:44:34:13 I mean, could they be craft and do this?
22:44:37:18 >> Yes, sir, from my experience, they'd have to work
22:44:40:13 with the city's fire department, because they have set
22:44:43:13 standards to do that.
22:44:45:00 And I know in a couple of other cases we looked at
22:44:49:19 that, the screening and how they could break up the
22:44:52:03 wall to get enough air ventilation, to get the number
22:44:55:27 of air changes they need per hour.
22:44:59:09 >>JOHN DINGFELDER: From your experience, I know you're
22:45:00:22 not an engineer, but from your experience, there's an
22:45:03:22 opportunity for creativity in that regard?
22:45:06:19 >> It's possible.
22:45:07:15 Yes, sir.
22:45:08:09 >>JOHN DINGFELDER: Thank you.
22:45:09:12 >>GWEN MILLER: Close the public hearing.
22:45:24:15 >>MARY MULHERN: My question is, on the zoning change,
22:45:28:00 the commercial neighborhood portion, what portion of

22:45:31:15 this site is commercial neighborhood?
22:45:47:06 >> I prefer the old ELMO.
22:45:49:04 Let me see if I can zoom in for you because it will be
22:45:58:03 really tight.
22:45:59:03 Do you see the little leader here?
22:46:07:21 The CN portion is this small portion here on the
22:46:13:13 backside immediately to the south.
22:46:16:21 >>MARY MULHERN: Okay.
22:46:18:01 Thanks.
22:46:18:19 >>GWEN MILLER: Let's close the public hearing.
22:46:20:03 We have a motion and second.
22:46:21:12 All in favor of the motion, aye.
22:46:23:07 We need to vote on item 16 first, vacating.
22:46:34:03 >>JULIA COLE: Prior to the vote on the vacation, you
22:46:36:09 do have the ordinance before you.
22:46:37:12 Assuming that City Council does vote to approve the
22:46:39:21 vacation ordinance, there were a number of conditions
22:46:41:09 that the transportation staff wanted attached to the
22:46:43:19 vacation ordinance.
22:46:44:18 However, and I realize -- we've done this in the past,
22:46:46:28 and we've previously put conditions on vacation
22:46:49:19 ordinances.
22:46:50:04 Legal Department has had an opportunity to review that
22:46:52:21 issue and do legal research.
22:46:54:19 Really, with vacation ordinances, it is not appropriate

22:46:56:24 to put specific conditions on a vacation ordinance.
22:47:00:19 The appropriate manner to put a condition on a vacation
22:47:03:21 ordinance would be pursuant to a development agreement
22:47:05:21 that would be associated with the vacation ordinance.
22:47:08:22 Really, this is something covered by the Legal
22:47:13:19 Department really in the last few days.
22:47:15:12 I had conversations with petitioner about it.
22:47:17:04 They understand the Legal Department's position.
22:47:18:27 So you have in front of you a vacation ordinance that
22:47:21:03 you move forward with on first reading.
22:47:22:27 It does not contain conditions.
22:47:24:18 It's our intent and there's actually language which has
22:47:27:04 been placed on the site plan or we're going to ask you
22:47:30:00 to place it on the site plan that would also require a
22:47:33:12 development agreement that we would go ahead and bring
22:47:35:22 forward with this item at second reading.
22:47:37:21 I just wanted to make that clear for the record so
22:47:41:03 everybody understood that development agreement with
22:47:43:12 those conditions would be required at second reading.
22:47:46:03 Thank you.
22:47:48:12 >>THOMAS SCOTT: Let me just be clear, I can't support
22:47:50:15 the vacation.
22:47:51:03 Let me tell you why.
22:47:52:12 One is, by law, you have to establish that as a public
22:47:58:13 purpose for doing that.

22:47:59:13 And I haven't heard that tonight.
22:48:01:19 I heard developer say tonight they could do this
22:48:05:12 project without closing Ward Street.
22:48:08:03 They said that.
22:48:08:21 The only reason they are here requesting it to be
22:48:11:18 closed because you have evidently -- I guess what one
22:48:15:00 citizen said, got 600 citizens or residents on the east
22:48:18:09 side.
22:48:19:15 And 600 on the west side that don't support it.
22:48:22:15 That's what it sounds like.
22:48:23:25 That's not what she said?
22:48:26:22 >> No.
22:48:28:03 >>THOMAS SCOTT: That's not what she said?
22:48:30:03 >>GWEN MILLER: No, that's not what she said.
22:48:32:24 >>THOMAS SCOTT: Well, either way, the public purpose
22:48:35:15 has not been established in my mind for closing Ward
22:48:39:00 Street, because the developer said they can do the
22:48:41:18 project without closing it.
22:48:43:01 They made that very clear to us that they can do the
22:48:46:00 project without having to close.
22:48:47:25 What we're saying then, vote to vacate it, we'll close
22:48:51:16 the street.
22:48:52:15 It's a public right-of-way that is accessed to the City
22:48:58:15 of Tampa and to the citizens of Tampa.
22:49:00:16 So I just can't support it.

22:49:05:00 >>CHARLIE MIRANDA: Thank you, Madam Chair.
22:49:06:21 I've known some of you for 30, 40 years.
22:49:09:25 I don't know how this zoning is going to come out, but
22:49:12:03 I can tell you one thing, I want you to be neighbors.
22:49:15:04 I want you to be good neighbors after the vote is
22:49:17:22 taken.
22:49:18:10 I know I've been kind of humorous during this meeting
22:49:21:06 because I believe that life is day to day and you have
22:49:24:27 to take it as it comes.
22:49:26:12 There are lot more things serious in life than this
22:49:28:25 zoning.
22:49:29:06 Although right now some of you may not think so on
22:49:31:21 either side.
22:49:32:16 I'm going to support the issue although, I understand
22:49:35:21 the closing of a city street.
22:49:38:13 But let me tell you why I'm going to support it.
22:49:40:24 I'm going to support it because if you don't close that
22:49:43:09 street, the monumental effect it will have on the total
22:49:48:28 neighborhood, not just those that live on Gardenia or
22:49:52:01 those that live on Azeele or those that live in the
22:49:54:22 close proximity, it's going to be dreadfully harmful to
22:49:58:19 each and every one of you.
22:50:00:12 So it's -- I hate to put it this way, damned if you do,
22:50:05:04 damned if you don't.
22:50:06:04 But I'm looking at all of them.

22:50:08:00 And I think by general consensus it would be better for
22:50:13:09 the neighborhood to have the street closed.
22:50:16:00 I'm not a proponent of closing streets on a regular
22:50:18:27 basis.
22:50:19:12 I'm not even a proponent of closing alleys on a regular
22:50:24:06 basis.
22:50:24:18 But I really believe sincerely that I would do
22:50:27:16 irreparable harm to each and every one of you to leave
22:50:31:27 that street open on a long-term basis.
22:50:34:22 Maybe not short term, but on a long-term basis, it
22:50:40:00 would be irreparable harm it would do to all the
22:50:44:09 neighbors of a very good and vibrant community that has
22:50:47:07 one thing that a lot of neighborhoods don't have, and
22:50:49:15 that's good communication, by evidence of all of you
22:50:52:18 here today.
22:50:53:12 If there was no communication, there would be no one
22:50:58:28 here.
22:50:59:06 So whether you like the issue or you don't like the
22:51:01:21 issue, you have something that some neighborhoods don't
22:51:04:18 have to your extent.
22:51:05:28 And that's communication.
22:51:07:27 Understanding of where you're at, understanding of
22:51:11:12 where you come from, and understanding of looking into
22:51:14:18 the future.
22:51:15:09 Those are the things that I'm very proud of each and

22:51:22:00 every one of you for being here and sharing your
22:51:24:03 remarks.
22:51:24:18 They've all been very valid.
22:51:26:00 I wish I could do what Mr. Armstrong stated.
22:51:29:12 That would be the simplest way, but I know I can't do
22:51:33:00 that.
22:51:33:15 But I applaud him for those ideas.
22:51:35:24 I wish I could do other things to make this a better
22:51:38:19 project.
22:51:39:09 And I'm going to support it because I feel that
22:51:44:19 somewhere along the line someone else may not be as
22:51:48:27 kind to want to work so diligently with each and every
22:51:52:22 one of you, whether you agree with the project or not
22:51:55:07 is another story.
22:51:56:15 But the evidence, the preponderance of evidence that
22:52:00:24 has been put here forth tonight is that somebody, in
22:52:05:01 this case, this developer, made an effort to have some
22:52:08:21 communication, whether you like it or not.
22:52:12:25 And presented a case, not once, but various times and
22:52:17:27 therefore, I think the project should go forward.
22:52:20:15 >>GWEN MILLER: Ms. Mulhern.
22:52:22:07 >>MARY MULHERN: I'm not going to support vacating this.
22:52:25:00 And I'm sorry that we kept people here for half an hour
22:52:29:03 before we could start our meeting.
22:52:30:18 And I'm sorry that we couldn't have voted on the

22:52:33:06 vacating initially, which I tried to get us to do so we
22:52:37:09 wouldn't have had to sit through this.
22:52:39:21 I'm glad to hear from everyone.
22:52:41:21 But I trust our planners, Wilson Stair, our planner,
22:52:47:13 and I agree with him, and I think it's a very standard
22:52:54:18 belief in all city planning that you keep your city
22:52:58:12 grid and you don't vacate streets.
22:53:01:12 I've been consistent about this, and I'm going to be
22:53:04:03 consistent about it.
22:53:05:10 The idea of a public street is -- and it's important to
22:53:09:12 the neighborhood, but it's also important to the entire
22:53:13:01 city that we don't just arbitrarily close down streets
22:53:16:19 because it makes for an individual developer to be able
22:53:21:12 to create something.
22:53:22:27 And I applaud the fact that this developer works so
22:53:28:09 hard with the neighborhood, but the neighborhoods
22:53:32:21 aren't planners either.
22:53:34:00 We have professionals.
22:53:34:22 And I think we need to listen to them.
22:53:36:27 And if we had gotten to the zoning, there are a lot of
22:53:40:12 waivers requested on here that might have, you know,
22:53:43:12 made it not work anyway.
22:53:45:01 So I think we've had so many questions about this, and
22:53:48:12 it's good that we aired them.
22:53:54:00 But I just don't see, as Mr. Scott said, any reason,

22:53:57:03 any public benefit from closing that street, from
22:54:00:00 vacating that street.
22:54:01:03 And I also am certain that although the developer
22:54:04:01 worked with you as a neighborhood and agreed with the
22:54:08:09 leadership of your association, it didn't necessarily
22:54:13:06 please everyone in the neighborhood, and I have no
22:54:16:10 doubt that this was the closure of this street was
22:54:22:01 necessary to benefit, to make this a successful project
22:54:26:25 for them regardless of what the neighborhood was asking
22:54:30:03 for.
22:54:30:18 Because that's what they are in the business to do.
22:54:33:15 I don't feel like the neighbors should have felt
22:54:36:18 pressured that they had to offer to give up a public
22:54:42:06 street so that this developer could build this
22:54:44:24 development.
22:54:45:27 >>GWEN MILLER: Mr. Dingfelder.
22:54:50:04 >>JOHN DINGFELDER: This is definitely one of the tough
22:54:52:07 ones.
22:54:52:25 And -- the question that I have is, I can support this
22:55:03:06 vacating.
22:55:05:03 I can support the vacating if the developer will agree
22:55:10:25 to a condition.
22:55:12:19 And the condition being that the south wall would be as
22:55:16:25 opaque as possible within the parameters of Tampa fire
22:55:23:12 code.

22:55:24:00 So, in other words, somehow or another, your legal and
22:55:28:07 our legal would write a provision that just says you'll
22:55:33:15 make that south wall as opaque as possible, working
22:55:37:09 with Tampa fire rescue on that issue.
22:55:40:09 If Tampa fire rescue says, you know, X, Y, Z, then
22:55:45:18 that's the way it works out, but it would be as opaque
22:55:48:06 as possible.
22:55:49:09 Because I think that's extremely important.
22:55:50:24 We're protecting the neighborhood, with so many other
22:55:53:28 conditions, and I think this is an important protection
22:55:57:06 for the neighborhood.
22:55:57:28 Because tires will squeal, and that squeal will carry a
22:56:02:16 quarter mile or a half mile.
22:56:04:18 Much more than 40 or 60 feet.
22:56:09:04 If there's an assertion from the developer on that
22:56:11:07 issue, then I can support the vacating, and I can
22:56:14:07 support the rezoning.
22:56:15:21 Because, Mary, the one thing I wanted to say that's
22:56:18:21 really important is you can't look at the vacating in
22:56:21:18 the abstract.
22:56:22:18 Yes, it would be nice to just have the vacating and not
22:56:25:21 talk about the rezoning, but the two are hand in hand.
22:56:29:04 And that's why we can't look at the vacating in the
22:56:34:18 abstract and just -- because it wouldn't have made any
22:56:37:15 sense.

22:56:38:00 The reason -- the only reason to be here on the
22:56:40:18 vacating is because of this project, in my opinion.
22:56:44:12 And the other thing that has not been said is this.
22:56:47:06 If that Publix is put in, it will be -- did I say
22:56:53:10 Publix?
22:56:54:15 [ LAUGHTER ]
22:56:54:21 If that grocery store, whatever it is, is put in --
22:57:05:18 it's late, it will be an attractor for all of the
22:57:10:18 entire Westshore district.
22:57:13:03 Sunset Park will go there.
22:57:15:04 The rest of Beach Park will go there, up and down, you
22:57:18:22 know, half of my district will be coming through that
22:57:21:09 neighborhood.
22:57:21:21 And if they have a choice to go out onto Kennedy and
22:57:25:07 come around or if we left Ward open, they would turn
22:57:30:10 left on Azeele and come through that neighborhood.
22:57:32:10 So now not only are we having the traffic on Ward
22:57:37:22 coming off of Kennedy and through the neighborhood,
22:57:39:21 with Publix there you'll be attracting the rest of the
22:57:41:24 neighborhood traffic to come through the neighborhood
22:57:44:21 up Azeele or Cleveland and into Ward to get to the
22:57:50:10 project.
22:57:50:25 So that's a huge public purpose to shut down Ward if we
22:57:56:18 were to allow this project.
22:57:58:10 I think the project is a good one.

22:58:00:03 I think this neighborhood deserves a grocery store of
22:58:02:22 any type, because they haven't had one in almost ten
22:58:06:01 years.
22:58:06:12 And I think closing Ward is a good thing overall.
22:58:10:03 Now, I will make a disclosure.
22:58:11:21 My father lives four blocks away in your neighborhood
22:58:14:18 on barber lane, but the funny thing is, my dad and I
22:58:18:03 talk about a lot of things, Bucs games and everything
22:58:20:21 else, he hasn't mentioned that to me at all.
22:58:23:12 He hasn't mentioned any of it.
22:58:26:06 That's my disclosure, but my dad didn't talk to me
22:58:29:15 about this.
22:58:30:04 I don't even know if he knows this is happening.
22:58:33:15 In order to hear from you, I think I have to move to
22:58:36:24 reopen for one second to hear the response from the
22:58:39:06 gentleman just so I know where you stand on it.
22:58:44:21 Charlie, I have to move to reopen so this gentleman can
22:58:47:25 answer my question about whether or not he wants the
22:58:50:06 condition.
22:58:50:21 Just for one second.
22:58:52:25 >>GWEN MILLER: We have a motion and second to reopen.
22:58:57:09 >>THOMAS SCOTT: Question on the motion to the attorney.
22:58:59:09 Five of us tonight, looks like it will be a 3-2 vote, I
22:59:06:27 don't know.
22:59:07:09 That's not a majority.

22:59:08:16 You have to have four votes on the zoning.
22:59:11:10 >>MARTIN SHELBY: That's correct.
22:59:11:21 Per Council's rules --
22:59:15:18 >>GWEN MILLER: Two come next week have to vote.
22:59:17:27 Carry it over to the next meeting.
22:59:21:15 >>JOHN DINGFELDER: But for purposes of clarification on
22:59:23:10 this issue for me so I know where I'm going to vote in
22:59:26:00 a few minutes, the motion and second to reopen for a
22:59:29:24 limited purpose.
22:59:32:15 >>GWEN MILLER: In favor, aye.
22:59:33:12 Opposed, nay.
22:59:35:00 >> So I understand, you would like to see the south
22:59:37:15 wall completely closed.
22:59:39:16 >>JOHN DINGFELDER: As opaque as possible, working with
22:59:41:27 Tampa fire rescue.
22:59:43:00 If they say, oh, yes, you need to leave three feet
22:59:46:07 open, you need to leave two feet open, whatever you can
22:59:49:03 work out with Tampa fire rescue, but the goal of that
22:59:53:00 condition that Julia will help you write is that it
22:59:55:10 is -- it is 100% opaque or less up until the point when
23:00:01:18 Tampa fire rescue says you've got enough ventilation.
23:00:04:28 Obviously, I don't want people to choke on carbon
23:00:09:03 monoxide in that garage.
23:00:12:06 I don't want you to have to put in fans, et cetera.
23:00:14:03 I want it to be naturally ventilated.

23:00:16:03 But at some point, Tampa fire rescue will tell you
23:00:18:18 where that point is.
23:00:20:19 >> Yeah, that's fine.
23:00:22:04 In the spirit of the way we've approached this project
23:00:27:18 for the last year, we want the community to be happy.
23:00:29:28 If that's the case, what we'll definitely allow that
23:00:34:06 condition.
23:00:34:16 I would ask if we go that route and make it opaque as
23:00:40:16 possible, that we just scale the bamboo back, because
23:00:43:25 that was the compromise to raise the bamboo and go back
23:00:46:21 to the original planning.
23:00:48:09 >>JOHN DINGFELDER: Why would you want to scale the
23:00:49:19 bamboo back?
23:00:51:03 >> Because we had originally agreed --
23:00:53:24 >>JOHN DINGFELDER: We don't want to get into bamboo at
23:00:56:00 11:00 at night.
23:01:03:18 >> It's my nature.
23:01:04:15 I just wanted to negotiate a little bit.
23:01:05:22 I'll leave it alone.
23:01:08:09 >>JULIA COLE: Julia Cole, Legal Department.
23:01:10:27 What my recommendation would be for a condition such as
23:01:13:25 that is we include that as part of a development
23:01:16:06 agreement which would be running with the vacation as
23:01:18:09 opposed to being a condition -- we're in the vacation
23:01:20:24 hearing, so that condition --

23:01:22:25 >>JOHN DINGFELDER: I don't need it to be in the
23:01:25:19 vacating -- just put it as zoning condition.
23:01:28:15 >>JULIA COLE: It could be on the site plan but we're
23:01:30:15 just in the process of talking about the vacation.
23:01:32:10 So I was under the impression you were trying to have
23:01:35:09 this as condition of the vacating.
23:01:37:04 >>JOHN DINGFELDER: Whatever works for you is fine with
23:01:38:18 me.
23:01:39:12 >>JULIA COLE: We'll work out --
23:01:44:16 >>MARY MULHERN: I want to say, John, I'm not thinking
23:01:46:06 in the abstract.
23:01:47:04 I'm looking at this and it doesn't make sense to me
23:01:51:04 even if I were looking at every zoning and everything
23:01:53:12 that comes in front of me on a case-by-case basis.
23:01:56:09 Which I don't think is the way to do zoning.
23:02:00:21 I think that we have to be consistent, and we have to
23:02:03:06 make sense or every other neighborhood that doesn't
23:02:10:16 want people cutting through their street, we're going
23:02:13:03 to have to sit here for hours arguing about it.
23:02:16:12 And then we're going to decide arbitrarily whether
23:02:20:12 we're going to close that street.
23:02:22:03 I don't think we should close public streets.
23:02:24:09 So this is not abstract.
23:02:26:04 This is about planning, and this is about looking at
23:02:31:09 how we plan for transportation and development.

23:02:37:21 >>THOMAS SCOTT: Madam Chair, again, was it Mrs. Keenen
23:02:41:09 that spoke?
23:02:42:01 Mrs. Keenen, could you come forward, please.
23:02:44:16 And I think this is in the backup.
23:02:46:19 It talked about what you said tonight.
23:02:48:12 I thought I heard you said so I want to be clear.
23:02:51:03 You made a statement tonight roughly 1200 residents and
23:02:55:00 equally divided and you have 600 on the east side,
23:02:57:27 600 -- did you not --
23:03:01:04 >> I did say that.
23:03:02:19 >>THOMAS SCOTT: I thought I did hear you say that.
23:03:05:12 >> I'm not sure that's what you repeated back.
23:03:08:03 >>THOMAS SCOTT: That's what I was talking about.
23:03:09:06 I just want to make sure I heard accurately.
23:03:14:18 >> No, I said it's roughly -- if you look at the map --
23:03:18:21 >>THOMAS SCOTT: You said roughly.
23:03:19:24 Give or take either way.
23:03:22:00 I'm just trying to verify what you said, that's all.
23:03:25:18 And then it's in the backup, too, as well.
23:03:36:06 >> Let me clarify.
23:03:37:12 I just was describing what Beach Park is.
23:03:40:04 That it's divided into two zones.
23:03:42:03 So the geographic zones.
23:03:43:21 There's an east zone of about 650 people, and there's a
23:03:47:15 west zone.

23:03:48:03 And I was saying that the west zone is getting boxed
23:03:50:27 in.
23:03:51:16 That was my point that I was trying to make.
23:03:54:07 >>THOMAS SCOTT: Right.
23:03:54:18 That's what I was trying to convey.
23:03:56:03 Let me just follow up.
23:04:04:21 Personally, this is an excellent development.
23:04:09:00 I really like the development.
23:04:10:07 I really do.
23:04:11:07 The problem is, is that you have to find a public
23:04:17:22 purpose of vacating, for vacating a public street.
23:04:25:12 It is very clear, the developer said, we don't have to
23:04:29:28 do this.
23:04:30:10 We don't have to vacate.
23:04:31:24 We can do this without the vacation of Ward or closing
23:04:35:24 Ward.
23:04:36:12 He made it very clear on the record tonight.
23:04:39:18 Pretty much said the reason we're requesting that is
23:04:42:12 because you had a portion of the neighborhood
23:04:43:25 requesting that.
23:04:44:18 That is what he said tonight on the record.
23:04:50:06 >> Move to close.
23:04:51:13 >>GWEN MILLER: Motion and second to close.
23:04:52:21 All in favor, aye.
23:04:53:24 >>JOHN DINGFELDER: Move the ordinance.

23:04:55:00 Okay.
23:04:56:06 Start with the vacating, move an ordinance vacating,
23:04:59:03 closing, discontinuing, abandoning a certain
23:05:01:04 right-of-way, all that portion of Fulton Street lying
23:05:03:27 south of West Price Avenue and west of South Westshore
23:05:05:25 Boulevard in Baybridge revised, a subdivision located
23:05:09:21 in the City of Tampa, Hillsborough County, Florida, the
23:05:11:24 same being more fully described in section 2, hereof,
23:05:14:09 providing an effective date.
23:05:15:12 >>GWEN MILLER: We have a motion and second.
23:05:16:16 All in favor of the motion, aye.
23:05:17:24 Opposed, nay.
23:05:20:13 >>THE CLERK: The motion did not carry with Scott and
23:05:23:03 Mulhern voting no and Saul-Sena and Caetano absent.
23:05:29:25 >>GWEN MILLER: It comes back next week.
23:05:31:21 >>MARTIN SHELBY: Yes, rule 4-C when the matter which is
23:05:34:12 subject of agenda items considered by council and four
23:05:37:03 votes not obtained either in support or opposition to
23:05:39:22 the matter, the matter shall automatically be brought
23:05:42:03 before the Council at the next regular meeting as
23:05:45:00 unfinished business.
23:05:45:28 And I'm sorry, I was conferring with Ms. Cole.
23:05:48:24 There was obviously a motion to close the public
23:05:51:10 hearing.
23:05:51:21 Is that correct?

23:05:52:28 >>GWEN MILLER: Yes, we closed it.
23:05:54:13 >>MARTIN SHELBY: What would happen, it would appear at
23:05:56:12 your next regular meeting which is next week, I
23:05:59:06 believe, as unfinished business, and I would ask the
23:06:01:28 two absent Council members and I will send an e-mail to
23:06:04:25 the aides to either review the extensive record so they
23:06:08:09 could be prepared to vote when they return next week.
23:06:11:04 Now, that brings up the issue of what happens now to
23:06:15:12 the item of the rezoning.
23:06:18:00 And I don't know whether Ms. Cole has had a chance to
23:06:18:00 discuss this with Mr. Weaver, but is there a preference
23:06:23:09 by the petitioner?
23:06:24:19 >>JOHN DINGFELDER: I don't think you can.
23:06:25:19 Point of order.
23:06:26:15 What if the rezoning now passed by some strange 4-1
23:06:30:24 vote, okay, if it passed, then you've got a rezoning
23:06:34:10 that's moving ahead of the vacating so I think you
23:06:36:27 don't have a choice.
23:06:38:12 >> May we speak?
23:06:40:07 >>GWEN MILLER: Yes, you may speak.
23:06:41:22 >> You're right, the vacating could not be conditioned
23:06:44:28 but the zoning could.
23:06:45:13 The vacating could not be conditioned because the order
23:06:48:12 of the night is vacating and then zoning.
23:06:50:15 The zoning could be conditioned on any number of

23:06:52:24 things.
23:06:52:24 The vacating could not.
23:06:54:09 As we read the same three cases, including the Temple
23:06:57:18 Terrace -- case.
23:07:00:03 Tonight we have a copy here for the record, Mr. Shelby,
23:07:02:25 that you can condition the zoning.
23:07:04:10 You cannot condition the vacating.
23:07:05:28 If you approve the vacating, then we have a development
23:07:08:27 agreement with respect to the zoning.
23:07:10:09 The zoning could then say the vacating would be of no
23:07:12:12 force and effect even if approved by this body unless
23:07:15:13 these conditions were met at the zoning.
23:07:17:03 And you have a second reading as well.
23:07:19:03 You may never choose to second read the vacating or the
23:07:21:28 zoning, so you have three protections.
23:07:22:03 Let me restate that, Mr. Dingfelder.
23:07:22:03 Number one, tonight, if you approve the vacating for
23:07:26:21 first reading only, and then you approve the zoning for
23:07:29:16 first reading only, conditioned, as you can
23:07:32:28 condition --
23:07:33:18 >>JOHN DINGFELDER: That's not the question, Ron.
23:07:35:09 The question is, can we even vote in ten seconds from
23:07:39:12 now on the rezoning?
23:07:41:21 >> Yes.
23:07:42:03 >>JOHN DINGFELDER: I think it would be a mistake,

23:07:43:21 because we would be at risk of passing the rezoning --
23:07:48:01 >> First reading only, you can choose not to have a
23:07:50:04 second reading or you can deny it at second reading or
23:07:52:18 third solution, you could condition it vis-a-vis the --
23:07:57:21 [talking over one another]
23:07:59:24 A fourth way, which would be conditioning the vacating,
23:07:59:24 that's the Temple Terrace versus --
23:08:04:00 >>JOHN DINGFELDER: Let's see what Julia wants to do.
23:08:09:10 >>MARTIN SHELBY: The clerk has requested you have your
23:08:10:25 name on the record.
23:08:12:03 >> Ronald L. Weaver, 401 East Jackson Street.
23:08:15:01 I have been sworn.
23:08:16:15 >>GWEN MILLER: Ms. Cole.
23:08:17:15 >>JOHN DINGFELDER: I think she's coming up with an
23:08:20:06 answer.
23:08:22:13 >>MARTIN SHELBY: Was that the vacate that was just
23:08:24:16 read?
23:08:35:09 >>MARTIN SHELBY: First of all, before we go further, I
23:08:37:09 believe there's an issue where the ordinance that was
23:08:39:00 read by the title -- is the title correct?
23:08:42:09 I'm sorry, Council.
23:08:47:15 >>JULIA COLE: I handed the clerk an ordinance from the
23:08:50:00 one continued tonight.
23:08:51:03 I have the one in my hand that was the correct
23:08:53:13 ordinance that should have been read.

23:08:55:09 I would just ask for you to read this one by title,
23:08:58:00 retake the vote.
23:08:59:22 >>CHARLIE MIRANDA: Let me ask to reconsider the vote.
23:09:01:22 Reconsider the prior vote so we can take it off the
23:09:06:12 record and bring in the new one.
23:09:08:18 >>GWEN MILLER: Motion to remove the first vote and take
23:09:10:12 the second.
23:09:11:00 [Motion Carried]
23:09:11:18 Read the first, the right one.
23:09:14:06 >>JOHN DINGFELDER: I read the one handed to me.
23:09:15:25 Okay.
23:09:16:24 Ordinance vacating closing, discontinuing, abandoning a
23:09:19:09 certain right-of-way, all that certain portion of South
23:09:22:03 Ward Street from Kennedy Boulevard to north of
23:09:25:06 Cleveland Street and Hesperides subdivision,
23:09:28:15 subdivision in City of Tampa, Hillsborough County,
23:09:30:07 Florida same more fully described in section 2,
23:09:33:06 providing an effective date.
23:09:33:18 >>GWEN MILLER: We have a motion and second.
23:09:34:18 All in favor of the motion aye.
23:09:36:24 Opposed, nay.
23:09:39:24 >>THE CLERK: The motion did not carry with Scott and
23:09:42:09 Mulhern voting no, and Saul-Sena and Caetano being
23:09:47:06 absent.
23:09:47:21 >>GWEN MILLER: Ms. Cole can we move forward with the

23:09:49:12 zoning?
23:09:53:03 >>JULIA COLE: You can move forward with the rezoning,
23:09:55:12 however in the event that the rezoning passes, there is
23:09:58:00 a provision in the rezoning which would have it
23:10:01:09 conditioned upon the vacation being approved.
23:10:03:03 So you can go ahead, read the ordinance now.
23:10:06:28 Prior to doing that, Ms. Coyle needs to get up and read
23:10:10:06 the notes that will need to be added in order to be
23:10:12:16 able to move from first reading.
23:10:14:04 >>JOHN DINGFELDER: Let's do it.
23:10:15:27 >>MARTIN SHELBY: If I can, just to clarify, what
23:10:18:03 happens at first reading is it is complying with
23:10:22:21 Florida statutes, but your second reading is your
23:10:25:18 adoption public ordinance.
23:10:26:18 So in effect today, your motion is to send this to a
23:10:30:19 second reading and then adoption vote.
23:10:33:19 >>GWEN MILLER: Cathy Coyle, would you get up?
23:10:43:06 >>CATHERINE COYLE: Note number 19, Catherine Coyle,
23:10:45:27 Land Development, note 19 on the plan needs to be
23:10:49:06 essentially stricken and amended.
23:10:51:07 This is dealing with the trip counts within the grid
23:10:56:15 around Ward Street.
23:10:59:18 Specifically defining the grid to be studied.
23:11:01:18 The closure of Ward to occur prior to final CO.
23:11:05:24 Trip counters, which will be placed within that grid

23:11:08:15 are to be determined by transportation division with
23:11:11:06 the developer.
23:11:12:12 Then there are steps for the accounts and report --
23:11:17:27 counts and reporting.
23:11:18:24 The first count to happen within that grid no more than
23:11:21:18 60 days after the PD approval but before the physical
23:11:24:27 closure of Ward.
23:11:26:13 Those results will be delivered to transportation
23:11:28:09 division and the zoning administrator within 30 days of
23:11:31:18 completion.
23:11:31:24 The second count will happen prior to final CO.
23:11:35:03 The counts taken again in locations approved by
23:11:38:12 transportation within that grid.
23:11:40:00 Those results also to the transportation division and
23:11:43:06 the zoning administrator within 30 days of completion.
23:11:46:07 And the final count will happen six months after the
23:11:49:15 final CO.
23:11:50:15 Accounts taken again in locations approved by
23:11:53:03 transportation within that grid.
23:11:54:06 Those results delivered also to the zoning
23:11:56:15 administrator and transportation within 30 days of
23:11:59:04 completion.
23:11:59:19 If counts demonstrate an increase in trips on the local
23:12:02:18 streets within the defined grid as determined by
23:12:05:12 transportation, the developers will provide up to

23:12:07:22 $25,000 for traffic-calming measures and improvements
23:12:11:12 within that grid.
23:12:12:12 The grid that we're discussing loosely is going to be
23:12:15:12 determined by transportation after the PD, is Hoover on
23:12:18:22 the west, Kennedy on the north, Azeele on the south and
23:12:22:06 Westshore on the west or on the east.
23:12:24:15 Funds shall be used for design and construction of said
23:12:30:09 improvements with design as approved by the
23:12:32:27 transportation division.
23:12:33:22 The note wasn't quite clear enough on the plan to
23:12:36:21 express how that was going to be measured.
23:12:38:24 Note 39, this is related to the wet zonings.
23:12:42:06 I discussed this with Mr. Smith.
23:12:43:28 The provision on the plan, I don't think actually did
23:12:47:00 what they really wanted it to do.
23:12:49:06 It says that all requested wet zonings are limited to
23:12:53:21 "R" designations.
23:12:55:15 That would prevent the Publix from selling beer.
23:13:01:18 >>GWEN MILLER: The grocery store.
23:13:05:09 >>CATHERINE COYLE: That is either a one or -- I'm
23:13:09:06 sorry.
23:13:09:09 I apologize, those Winn Dixie lovers out there.
23:13:14:09 That would prevent a 1(APS), a 2(APS) or a 3(PS)
23:13:19:10 package sales, so that note would need to be amended to
23:13:20:18 allow those three classifications as well, if Council

23:13:21:24 would be willing to accept that.
23:13:23:01 Note 13, as Ms. Cole I believe mentioned earlier,
23:13:26:18 really needs to be stricken from the plan.
23:13:28:25 It's unenforceable.
23:13:31:00 Note nine, speaks to a management of traffic for
23:13:35:03 construction traffic.
23:13:36:12 That really needs to be modified and shifted to the
23:13:42:04 development agreement and management of traffic plan
23:13:44:18 needs to be developed through that as approved by the
23:13:47:21 transportation division.
23:13:49:00 It's a much stronger method to deal with that
23:13:52:07 construction traffic.
23:13:54:13 And finally, note 16 needs to be modified to say that
23:13:59:01 prior to the first construction plan approval, conduct
23:14:02:27 operational impact analysis to determine possible
23:14:06:01 mitigation of those operational impacts pursuant to a
23:14:09:13 methodology approved by transportation.
23:14:12:06 The note is dealing with the Westshore DRI and it needs
23:14:15:15 to be modified to make sure the correct steps are going
23:14:18:03 followed.
23:14:18:28 16 I believe what Ms. Cole thought it was.
23:14:23:24 It might not be 16.
23:14:26:03 >>JOHN DINGFELDER: 16 is greenspace.
23:14:28:15 >>CATHERINE COYLE: We were going off memory.
23:14:30:03 Number 30.

23:14:46:04 I apologize.
23:14:47:00 Not 16.
23:14:47:24 That's it.
23:15:05:13 >> Also need to amend note 32 to add pursuant to
23:15:08:15 substantial change criteria section 27-323.
23:15:12:18 And also add the greenspace waiver for the buffer along
23:15:17:03 Kennedy and the square footage associated with that to
23:15:20:12 be paid fee in lieu.
23:15:23:25 >>MARTIN SHELBY: Just for the record, if the
23:15:25:19 petitioner's representative would state that that's
23:15:30:03 understood and accepted.
23:15:31:21 >> All six of those are noted and agreed to.
23:15:35:27 >>JOHN DINGFELDER: I'm going to incorporate the changes
23:15:43:25 that Ms. Coyle and the rest of the staff just
23:15:47:24 mentioned.
23:15:48:19 In addition, the condition that Ms. Cole is going to
23:15:52:04 work out on the south wall with the developer, and that
23:15:55:18 would be the south wall that would be opaque as
23:15:59:06 possible, but working with Tampa fire and rescue.
23:16:04:00 With no fans required over and above what --
23:16:13:00 >> In order to include that as part of the zoning, we
23:16:15:12 actually have to have a note stated as part of the
23:16:17:24 record.
23:16:18:04 And Ms. Coyle was able to throw something together and
23:16:20:22 we can go ahead and I can read that into the record

23:16:23:13 now.
23:16:23:25 Note that says that the south wall of the garage to be
23:16:26:19 as opaque as possible up to 100% if possible per fire
23:16:35:03 marshal review slash life safety code.
23:16:41:00 >>MARTIN SHELBY: Now, did you want to have that without
23:16:42:07 the inclusion of blowers?
23:16:43:28 >> Without fans.
23:16:45:12 >>GWEN MILLER: Ms. Cole, put without fans.
23:16:48:13 >>MARTIN SHELBY: Without fans or without the need for
23:16:50:15 fans?
23:16:50:27 Is that what it was?
23:16:52:15 >>JULIA COLE: We can add without the use of a
23:16:54:27 ventilation system.
23:16:57:22 >> Without forced ventilation, if you prefer the term
23:16:58:22 of art.
23:16:59:18 >>JULIA COLE: Then for the purposes of the record, the
23:17:01:18 note will include that it's without forced ventilation.
23:17:06:12 >>JOHN DINGFELDER: I'm going to move to approve this
23:17:07:21 with all the conditions just mentioned by staff
23:17:10:00 including the south wall condition.
23:17:12:15 I'm not going to list them, but they are a part of the
23:17:15:04 record, and they are incorporated by reference.
23:17:18:12 Move an ordinance rezoning property in the general
23:17:20:21 vicinity of 4950, 5002 and 5010 West Kennedy Boulevard
23:17:26:15 in the City of Tampa, Florida, and more particularly

23:17:27:18 described in section 1, from zoning district
23:17:29:10 classifications PD, planned development, retail,
23:17:32:16 office, drive-in bank, college, CN commercial
23:17:36:03 neighborhood, and CG, commercial general, to PD,
23:17:39:25 planned development, retail office, drive-in bank,
23:17:42:13 college, providing an effective date.
23:17:43:25 >>GWEN MILLER: Motion and second.
23:17:44:21 Question on the motion.
23:17:46:18 >>THOMAS SCOTT: I have a question.
23:17:47:10 Is it possible for us to get a copy of the development
23:17:50:04 agreement before the night of the next meeting?
23:17:54:12 >> It will be -- it won't be going with the first
23:17:57:09 reading of your vacation ordinance.
23:17:59:01 It would be doc agendaed to go forward with the second
23:18:02:06 reading of your vacation ordinance which would then --
23:18:04:13 it would be October 18th.
23:18:07:10 >>THOMAS SCOTT: So --
23:18:11:18 >> You'll have it a week ahead of time.
23:18:14:24 >>THOMAS SCOTT: I want to make sure we get it before
23:18:16:09 the night of.
23:18:16:24 >> Yes.
23:18:17:04 >>GWEN MILLER: We have a motion and second.
23:18:20:04 All in favor of the motion aye.
23:18:22:00 Opposed nay.
23:18:23:09 >>THE CLERK: Motion carried with Mulhern voting no.

23:18:25:27 Second reading and adoption will be held on
23:18:30:19 October 18th, 2007 at 9:30 a.m.
23:18:35:03 >>GWEN MILLER: Need to receive and file.
23:18:40:00 >>CHARLIE MIRANDA: Move to receive and file the
23:18:40:00 documents received in all the matters today.
23:18:41:25 >>GWEN MILLER: All in favor of the motion, aye.
23:18:43:06 Anything else, clerk?
23:18:44:18 We stand adjourned.
23:18:46:22 [ The meeting was adjourned at 11:18 p.m. ]