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TAMPA CITY COUNCIL
Thursday, January 10, 2008
5:30 p.m. Session

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17:32:00 [Sounding gavel]
17:41:35 >>CHAIRMAN MILLER: Tampa City Council is called to
17:41:36 order.
17:41:36 Roll call.
17:41:38 >>JOHN DINGFELDER: Here.
17:41:44 >>MARY MULHERN: Here.
17:41:45 >>JOSEPH P. CAETANO: Here.
17:41:45 >>GWEN MILLER: Here.
17:41:47 Item number 1 cannot be heard.

17:41:50 Has there been another date set yet?
17:41:54 >>MARTIN SHELBY: Yes, council.
17:41:56 >>JULIA COLE: Legal department.
17:41:57 I believe item number -- I'm sorry, I don't have the
17:42:00 agenda.
17:42:01 >>GWEN MILLER: 1, 3, 4 and 5.
17:42:04 >> 1, 3, 4 and 5 all were misnoticed.
17:42:07 You have resolutions, rescinding the previous
17:42:10 resolutions and rescheduling those to February
17:42:12 14th and March 6th so I need a motion to adopt
17:42:18 those resolutions.
17:42:19 >> So moved.
17:42:19 >> Second.
17:42:20 (Motion carried).
17:42:21 >>CHAIRMAN: Item number 2.
17:42:24 We need to open number 2.
17:42:27 >> So moved.
17:42:27 >> Second.
17:42:28 (Motion carried)
17:42:37 >>TONY GARCIA: Planning Commission staff.
17:42:38 Just as a preface to Ms. Cole getting up to you just
17:42:44 so that you know that our December 10th meeting of

17:42:46 the Planning Commission, Planning Commission staff
17:42:48 reviewed chapter 27 recommendations and found the
17:42:53 proposed request consistent with the comprehensive
17:42:55 plan.
17:42:55 Thank you.
17:42:58 >>JULIA COLE: Legal department.
17:42:59 You have before you an ordinance which would amend
17:43:02 chapter 22 related to the vacation petition process.
17:43:07 The intent of the change is simply to provide that
17:43:13 when vacations with the city have been failed filed
17:43:17 they have been previously filed in the clerk's office,
17:43:19 and trying to get that process, they would take that
17:43:23 step out and have them process with the Land
17:43:26 Development Coordination office.
17:43:27 >>GWEN MILLER: Is there anyone in the public that
17:43:29 wants to speak on item number 2?
17:43:30 >> Move to close.
17:43:36 >>MARY MULHERN: Is that just to do a sidewalk?
17:43:39 Vacating sidewalk?
17:43:41 >>> This is for all the vacation petitions, to vacates
17:43:45 rights-of-way, any kinds of rights-of-way.
17:43:46 It's simply to provide for the process, which is today

17:43:49 one where somebody seeks to request a vacation of
17:43:53 right-of-way, they file that with the clerk's office.
17:43:55 >> And then it still comes to us?
17:43:57 >> And it still comes to you.
17:43:59 It's really a housekeeping item.
17:44:01 >>GWEN MILLER: We need to close now.
17:44:03 >> Move to close.
17:44:04 >> Second.
17:44:04 (Motion carried).
17:44:05 >>CHAIRMAN: Do we have an ordinance?
17:44:12 Do you want to read that?
17:44:13 >>JOHN DINGFELDER: Move the following ordinance.
17:44:15 An ordinance with the city of Tampa, Florida making
17:44:18 comprehensive revisions to chapter 22, streets and
17:44:20 sidewalks, City of Tampa code of ordinances, amending
17:44:25 section 22-34, petition for vacating streets and
17:44:28 alleys, generally amending section 22-35, same, same
17:44:34 form, address -- same form addressed, amending 22-36,
17:44:40 same contents, amending section 22-37, same file,
17:44:44 number of copies required, amending section 22-38,
17:44:47 same procedure on receipt, amending section 22-39,
17:44:51 same hearing date, signs, amending section 22-40,

17:44:57 application in chapter 2, City Council proceedings,
17:45:00 amending section 22-59, vacating streets and alleys,
17:45:04 payment of costs, expenses, providing for repeal of
17:45:06 all ordinances in conflict, providing for
17:45:08 severability, providing an effective date.
17:45:09 >>GWEN MILLER: I have a motion and second.
17:45:11 All in favor of the motion say Aye.
17:45:12 Opposed, Nay.
17:45:13 We will now be in recess until six.
17:45:17 >>> Motion carried with Saul-Sena, Miranda and Scott
17:45:19 being absent.
17:45:20 Second reading and adoption will be on February
17:45:22 7th at 9:30 a.m
17:45:24 >> We will be in recess until 6 p.m
17:45:30 (City Council recess)
17:45:30
17:45:30







18:03:18 [Sounding gavel]
18:03:20 Tampa City Council is called to order.
18:03:21 Roll call.
18:03:25 [Roll Call]
18:03:31 >> We are ready to clean up our agenda.
18:03:32 >>JILL FINNEY: Land Development Coordination.
18:03:36 I have passed out the agendas already.
18:03:38 We can go through that.
18:03:39 Item number 6 the petitioner has requested to withdraw
18:03:41 his petition and I have another I would like to submit
18:03:44 into the record.
18:03:44 >> Can we get a motion to that?
18:03:47 >> So moved.
18:03:48 >> Second.
18:03:48 (Motion carried).
18:03:49 >>JILL FINNEY: Item number 12.
18:04:02 Asked to be removed from the agenda and reset for
18:04:05 February 28th.
18:04:05 >> So moved.
18:04:08 >> Second.
18:04:08 (Motion carried).
18:04:09 >>> Item number 15.

18:04:14 We ask that be removed from the agenda, reset for
18:04:16 February 14th.
18:04:17 >> So moved.
18:04:18 >> Second.
18:04:18 (Motion carried)
18:04:22 >>> Item number 17, we ask that be reset for --
18:04:27 continued to February 28th.
18:04:29 >>GWEN MILLER: We need to open the public hearing.
18:04:32 >>JOHN DINGFELDER: Move to open.
18:04:33 >> Second.
18:04:34 (Motion carried).
18:04:34 >> Is there anyone in the public came to speak on item
18:04:37 number 17?
18:04:38 You can speak on the continuance.
18:04:41 >>JOHN DINGFELDER: Move to continue to January --
18:04:49 >>> February 28th.
18:04:49 >>JOHN DINGFELDER: February 28th, 6 p.m
18:04:52 >>GWEN MILLER: Any other?
18:05:01 >>CHAIRMAN: Did you receive a letter from the
18:05:03 petitioner wanting to continue his?
18:05:05 Is the petitioner here, Mr. Robert Allen?
18:05:09 Come up.

18:05:10 >>MARTIN SHELBY: Council, did you vote on the last
18:05:11 item?
18:05:12 >> No.
18:05:12 >>GWEN MILLER: All in favor say Aye.
18:05:17 Mr. Robert Allen?
18:05:22 >>MARTIN SHELBY: On a vote to continue.
18:05:24 >>GWEN MILLER: Hyde Park.
18:05:27 Is petitioner here?
18:05:31 Have you spoken with Mr. Robert Allen?
18:05:32 He wants to meet with the community some more.
18:05:36 Item 8.
18:05:38 Is petitioner here for item 8?
18:05:40 >>JOHN GRANDOFF: Suite 373700 Bank of America Plaza.
18:05:52 We are not going to request a continuance this
18:05:54 evening.
18:05:54 We are going to go forward.
18:05:56 What you refer to Sarasota is a communication to Mr.
18:06:01 Allen, but we are withdrawing that request.
18:06:03 We are going to go forward.
18:06:04 >>GWEN MILLER: I know we received a letter.
18:06:07 Let's go back to item number 7.
18:06:11 Anyone who is going to speak on these items, 7 through

18:06:14 18, please stand and raise your right hand.
18:06:21 (Oath administered by Clerk).
18:06:30 >>MARTIN SHELBY: I ask that all communications which
18:06:32 have been available for tonight's hearings be received
18:06:35 and filed into the record at this time, please.
18:06:37 >> So moved.
18:06:38 >> Second.
18:06:38 (Motion carried).
18:06:40 >>MARTIN SHELBY: If you have had any ex parte verbal
18:06:43 communication was any petitioner, his or her
18:06:44 representative or any member of the public in
18:06:46 connection with any of tonight's hearings, please,
18:06:48 prior to action, disclose the following: The person
18:06:50 or persons, group or entity with whom the verbal
18:06:53 communication occurred, and the substance of that
18:06:54 verbal communication.
18:06:56 And ladies, for the purposes of the record, I ask that
18:06:59 when you state your name, please reaffirm that you
18:07:01 have been sworn in.
18:07:03 It will keep me from having to interrupt to be able to
18:07:05 do that, I put a little sign to remind you.
18:07:08 I would ask your cooperation to speed things along

18:07:10 tonight.
18:07:11 I thank you very much.
18:07:19 >>ABBYE FEELEY: Land Development Coordination.
18:07:21 I have been sworn.
18:07:22 Item 7 this evening is case Z 07-48, located at 5000
18:07:31 West Gandy Boulevard.
18:07:36 Petitioner is proposing to rezone the property from
18:07:38 PDA to PDA for the use of office retail, hotel,
18:07:42 residential, general commercial and marina.
18:07:44 I did provide you with a revised staff report.
18:07:47 I noticed that the staff report, content is the same,
18:07:55 the dates have been revised to reflect the site plan
18:07:58 date and the hearing date of this evening.
18:08:04 This is the redevelopment that is happening on Gandy.
18:08:08 It was prior three PDAs.
18:08:12 If I can just put out --
18:08:21 You can see the previous zoning cases here, the
18:08:28 related petition, at the top of your staff report, Z
18:08:33 04-90, which was at the top in blue, that became Z
18:08:38 06-01, was also Z 05-66 shown in yellow and Z 05-114
18:08:45 shown at the bottom.
18:08:50 To unify those three PDAs into one PDA development

18:08:53 with the same amount of entitlement that was
18:08:55 previously approved.
18:09:00 There is one new waiver, waiver number 9 for section
18:09:05 20.5-13 setback requirements for signage, internal for
18:09:09 the project with the exception on Westshore Boulevard.
18:09:18 Just to go back, the property contains 52 total acres.
18:09:22 The plan proposes 83,750 square feet of professional
18:09:26 office, 156,250 square feet of commercial retail, 1750
18:09:32 residential units at 200 hotel units.
18:09:35 Through this unification process they are not asking
18:09:38 for any additional entitlement.
18:09:40 These entitlements, the total amounts read to you were
18:09:43 prior entitlements for those three PDAs that I
18:09:47 showed you that are now being unified into one.
18:09:52 The developer is requesting to reserve the right to
18:09:54 retain the existing structures and historic uses
18:09:57 on-site throughout the redevelopment.
18:09:59 And those uses include marina support facilities,
18:10:02 restaurant and bar, office, warehouse storage, retail
18:10:07 gasoline sales facility.
18:10:10 There are two findings of inconsistency, one from
18:10:14 solid waste, one from transportation.

18:10:18 There are notes that need to be revised.
18:10:22 One for solid waste is asking for the removal of some
18:10:25 language from the note. That was not language that
18:10:27 was previously approved through any of the three prior
18:10:31 PDAs.
18:10:32 Then transportation is requesting a note be added to
18:10:34 the site plan related to Bridge Street.
18:10:40 Staff has worked with petitioner on that note as far
18:10:42 as transportation, and the petitioner acknowledges and
18:10:46 is willing to add that note in between first and
18:10:49 second reading.
18:10:51 I have some pictures of the site if you would like to
18:10:59 see them.
18:11:00 I think you are pretty familiar.
18:11:01 It is vacant and has been cleared.
18:11:04 I can show those to you if you want to see.
18:11:09 They are a little bit dark, unfortunately.
18:11:20 This is the New Port sales center located at the
18:11:23 corner of Bridge and Gandy, which I'm sure you are
18:11:27 familiar with.
18:11:30 This is a low down Bridge Street.
18:11:32 You can see that there has been some site activity.

18:11:37 One plan has been approved on the PDA that is located
18:11:41 at Gandy and Bridge.
18:11:46 This is a look down.
18:11:53 This is another view of the site.
18:12:03 >>JOHN DINGFELDER: Maybe transportation and petitioner
18:12:04 can answer this.
18:12:05 There was some discussion about sidewalk.
18:12:10 Was that the street?
18:12:14 And I'm just wondering what the delay on the
18:12:16 project -- it appears there's a delay.
18:12:20 I guess a sidewalk.
18:12:21 Do you know anything about that?
18:12:22 >>> No, I don't.
18:12:22 >>JOHN DINGFELDER: Okay.
18:12:26 >>> And the other view.
18:12:31 You can see this is going up in the background.
18:12:36 And then across Gandy Boulevard, you can see the
18:12:39 multifamily condos there.
18:12:50 Staff is available for any questions.
18:13:03 >>TONY GARCIA: Planning Commission staff.
18:13:05 I have been sworn.
18:13:05 Just a couple of additional comments.

18:13:11 The land use category for this particular area is
18:13:13 urban mixed use 16.
18:13:18 We do note this is a very storied site with a lot of
18:13:22 history to it.
18:13:23 There have actually been four rezonings on this site,
18:13:26 one prior to the very first one was not even something
18:13:30 that was zoned by the current property and was
18:13:32 actually purchased by them and then subsequently we
18:13:34 had the rezonings as it made more acquisition of the
18:13:37 property in the area.
18:13:38 Basically what you have before you this evening as Ms.
18:13:40 Feeley stated to you is a consolidation of all the
18:13:44 requirements that we would like to have put in a
18:13:47 consistent basis for the four rezonings that are here,
18:13:51 all the entitlements.
18:13:53 >>LINDA SAUL-SENA: Doesn't this meet the threshold of
18:13:55 the DRI?
18:13:56 >>> I think Susan is saying no.
18:14:02 >>LINDA SAUL-SENA: It doesn't?
18:14:05 Oh.
18:14:06 Just a little bit under?
18:14:07 >>JOHN DINGFELDER: If it did they wouldn't have

18:14:11 consolidated.
18:14:14 >>> Basically they are requesting a consolidation for
18:14:18 the rezonings they have done piecemeal throughout the
18:14:20 entire site.
18:14:21 Planning Commission found the request consistent with
18:14:23 the comprehensive plan.
18:14:24 >>GWEN MILLER: Petitioner.
18:14:26 >>LINDA SAUL-SENA: Can I ask another question?
18:14:28 That's a pretty important threshold.
18:14:31 Is there any recognition of coming just up to -- I
18:14:36 mean, could you speak to what the threshold -- I mean,
18:14:40 this strikes me -- I don't know what the current rules
18:14:42 are but this just strikes me as a squeak below it.
18:14:47 And, therefore, would we not consider some of the
18:14:53 standards that we would consider when we affect the
18:14:57 DRI?
18:14:58 >>JULIA COLE: Legal department.
18:15:02 The thresholds for the DRI are statutory and it's one
18:15:06 of the things you either meet it or you don't.
18:15:08 If you meet it you are required to go through an
18:15:10 entire process.
18:15:12 My recollection is this is about 500 units under so

18:15:18 that's not like squeaking right up.
18:15:21 You have some that go right up to one below I don't
18:15:23 think even gets to that point.
18:15:25 That's my recollection but I will tell you that our
18:15:26 staff is vigilant in ensuring that does not occur and
18:15:30 that is not the case.
18:15:31 >>LINDA SAUL-SENA: Thank you.
18:15:34 >>GWEN MILLER: Petitioner?
18:15:35 >>> Vince Marchetti, representing Ecogroup.
18:15:48 >>MARTIN SHELBY: Have you been sworn in?
18:15:52 >>> Probably not.
18:15:53 Actually, I was.
18:15:55 Yes, I was.
18:15:56 There was a lot of confusion back there the last
18:15:58 couple minutes.
18:16:00 Again representing Ecogroup.
18:16:01 I want to mention each of the previously approved
18:16:03 PDAs that were processed, were processed with the
18:16:06 understanding at some point we come back to the
18:16:08 council and the unification of the three PDAs on the
18:16:11 subject property.
18:16:12 The reason they were processed is because contractual

18:16:15 issues had required that he would do so.
18:16:19 Our client did not own the properties as a whole until
18:16:22 sometime after the initial acquisition, and subsequent
18:16:26 part.
18:16:27 So contractually really wasn't an option for to us
18:16:30 come back, or come in originally with the unified PDA.
18:16:35 I also want to be clear, as Abbye mention board of
18:16:37 director the entitlements.
18:16:39 We are not seeking any additional entitlements, not
18:16:42 increasing any trip generation, already approved for
18:16:45 the project.
18:16:46 And that's also noted within the notes for the PDA.
18:16:49 It's very clear and specific that we have a certain
18:16:51 cap, a number of trips, and we are not to exceed those
18:16:55 trips.
18:16:55 On the DRI issue, this is sub-DRI, not really even
18:17:01 within the threshold of what you have to analyze the
18:17:03 threshold requirement.
18:17:05 We are well below the residential, well below the
18:17:07 commercial components, and taken as a whole certainly
18:17:11 below the mixed use category as well by a substantial
18:17:13 amount.

18:17:17 I would like to also note for the record, note 32 was
18:17:21 requested by staff, well, pretty much all the staff,
18:17:27 the 32 amendment which essentially requires that my
18:17:29 client post a financial security that's provided for
18:17:33 the city and acceptable to the city to be sure -- and
18:17:37 that's in certain approvals to ensure that the city's
18:17:42 infrastructure would not be disturbed, if disturbed it
18:17:44 will be rebuilt at the appropriate time.
18:17:46 So we agreed to that and we are happy to do so.
18:18:05 >>> I'm Ed Oshlager, president of Ecogroup, 912 Gulf
18:18:13 street here in Tampa and I have been sworn.
18:18:14 I thought it would be helpful to take a couple minutes
18:18:16 of your time to update you as to where the project
18:18:19 stands.
18:18:19 As you know, we received some publicity over the last
18:18:22 six months.
18:18:23 An awful lot of activity has taken place.
18:18:25 But over the last four months, not much has taken
18:18:28 place.
18:18:28 And as you can appreciate, this is a very challenging
18:18:31 market that we're in, and consequently we are dealing
18:18:36 with all of the issues related to that.

18:18:38 However, I can tell you that we are working closely
18:18:42 with the financial institutions involved in the
18:18:45 project.
18:18:46 I am working 24-7 regarding the refinancing and
18:18:50 repositioning of the project.
18:18:53 I am cautiously optimistic that over the next three or
18:18:56 four months the project will be moving forward.
18:19:00 We have invested about $153 million to date in the
18:19:04 last two years.
18:19:06 We have completed a good deal of improvements, site
18:19:10 improvements, fill to the site, stormwater.
18:19:15 We have eliminated some open ditching, and have put an
18:19:19 underground system in that's discharging into the bay,
18:19:22 so that helps with some of the off-site issues, some
18:19:25 of the flooding that was over in that area, whether or
18:19:27 not entirely to be seen when the whole project is to
18:19:32 be done.
18:19:32 I anticipate it solves everything but it certainly is
18:19:35 adding to the solution.
18:19:37 We have generated $2.7 million in fees to the city,
18:19:41 most recently last week, we paid an additional
18:19:44 $816,000 to the city, which the last installment

18:19:49 payment due on the construction of a 20-inch water
18:19:52 main that was built by the city that we paid for from
18:19:55 Dale Mabry to Westshore.
18:19:57 We are actively moving forward with the permitting
18:20:03 activities, like today, which is simply unification of
18:20:06 the three PDAs.
18:20:08 We were actually encouraged to do so by the city a
18:20:12 couple years ago to make this happen, and we are now
18:20:16 finally here before to you do just that.
18:20:18 So I'm optimistic that the project will move forward,
18:20:23 that it will be successful.
18:20:26 It's just not on the timetable that we had originally
18:20:28 hoped it would be.
18:20:30 And I'm available to answer any questions that council
18:20:32 may have.
18:20:35 >>JOHN DINGFELDER: Good evening, Mr. Oshlager.
18:20:40 I was curious about two things.
18:20:41 One, where I have been over these streets in a few
18:20:49 months, probably about a year, does it continue out
18:20:53 through bridge still?
18:20:55 >>> They do.
18:20:56 And back to your question that you posed earlier

18:20:59 regarding the sidewalk, that has been permitted by the
18:21:03 city and by the other agencies involved in that.
18:21:06 And as soon as the refinancing is in place, that part
18:21:11 will move forward and will be built.
18:21:13 >> Wonderful.
18:21:14 And I heard somebody mention that one of the -- one
18:21:16 part of the project has already come in for
18:21:19 permitting.
18:21:21 Is that the hotel out at Gandy or something?
18:21:24 >>> No.
18:21:24 I'm not sure what you are referring to.
18:21:26 What was permitted, what we call phase one of the site
18:21:32 development was approved by the city.
18:21:35 We have the second phase or the south end of the
18:21:37 property in.
18:21:38 It's been in now for about 12 months actually, and
18:21:43 it's nearing completion for approval.
18:21:45 But what was approved, that you may be referring to
18:21:47 marina tower one and two which was the first vertical
18:21:51 construction that we brought to the marketplace last
18:21:53 year, we have actually got foundations in the ground.
18:21:56 That project has stopped, until the market rebounds.

18:22:00 >> I recall -- and maybe it's wrong on the plans.
18:22:05 For some reason I thought there was a hotel on the
18:22:08 Gandy entrance part.
18:22:09 Is that no longer part of the plan?
18:22:12 >> There is entitlement for the hotel.
18:22:14 And part of the process is tonight, hopefully, if
18:22:19 council approves this, then that hotel could be built
18:22:21 anywhere within that property.
18:22:23 Right now our plan does not call for a hotel.
18:22:26 But we are looking at that very carefully, given the
18:22:29 changed market conditions.
18:22:31 >> And you folks are fine with the condition that
18:22:38 staff has the bond in that regard.
18:22:41 I know there was some concern about vacating the
18:22:43 streets and not being sure that the project was, what
18:22:48 have you.
18:22:48 >>> Right.
18:22:49 We are fine with that.
18:22:50 >> Other questions by council members?
18:22:51 Is there anyone in the public that wants to speak on
18:22:54 item number 7?
18:22:59 Petitioner, do you want to say anything?

18:23:02 >>> Just one comment regarding the public.
18:23:04 I did receive a copy of a correspondence that I
18:23:07 believe came to council members from Al Steenson,
18:23:10 president of the Gandy sun bay south civic
18:23:12 association, in which he says in the last sentence,
18:23:18 the Gandy civic association is not objecting to
18:23:21 petition 07-48.
18:23:25 >>GWEN MILLER: We need to close.
18:23:26 >> Move to close.
18:23:27 >> Second.
18:23:28 >>LINDA SAUL-SENA: One quick question.
18:23:33 Mr. Marchetti, bits Bridge Street.
18:23:36 One quick question.
18:23:37 You all are going to reconstruct this street as part
18:23:39 of your overall development?
18:23:41 >>> Yes.
18:23:41 >> Do you have any idea what the timing on that is
18:23:47 going to be?
18:23:47 >>> I think as just mentioned probably dependent on
18:23:50 the refinancing of the project, and of course
18:23:52 ultimately the CBD would build a roadway and
18:23:58 predicated upon people having an interest in

18:24:00 developing. So I don't know if that has a time frame
18:24:03 but we are hoping within the next year we can initiate
18:24:05 it, and permitting is ongoing, by the way.
18:24:08 I want to make sure it's clear.
18:24:09 We are continuing to secure permits so when the market
18:24:11 does turn we'll be out to construction.
18:24:15 >> It seems when anything goes vertical you have to
18:24:19 have Bridge Street.
18:24:20 >>> Well, that's a mandate.
18:24:22 >>GWEN MILLER: We have a motion and second to close.
18:24:23 All in favor of the motion say Aye.
18:24:25 Opposed, Nay.
18:24:27 Did you want to say something?
18:24:29 >>>
18:24:30 >>ABBYE FEELEY: I wanted to make sure if you approve
18:24:32 this, in your motion, please reference the condition
18:24:34 from transportation and solid waste for changes in
18:24:38 between first and second reading.
18:24:40 And I'll give those to the clerk now for the record.
18:24:42 >>CHAIRMAN: Just add that in there.
18:24:52 >>JOSEPH P. CAETANO: An ordinance rezoning property in
18:24:54 the general vicinity of 5000 West Gandy Boulevard in

18:24:57 the city of Tampa, Florida and more particularly
18:24:59 described in section 1 from zoning district
18:25:02 classifications PD-A planned development, alternative
18:25:07 office, retail, restaurant, hotel, residential, to
18:25:11 PD-A, planned development, alternative office, retail,
18:25:16 hotel, residential, general commercial, marina,
18:25:19 providing an effective date.
18:25:20 >> I'll second and the motion includes the solid waste
18:25:25 provision and the transportation.
18:25:26 >>GWEN MILLER: We have a motion and second.
18:25:27 (Motion carried).
18:25:30 >>THE CLERK: Motion carried with muscle Hearn being
18:25:34 absent at vote.
18:25:35 Second reading and adoption will be on February
18:25:36 7th, 2008 at 9:30 a.m.
18:25:41 >>GWEN MILLER: Number 8, continued.
18:26:11 >>JOHN DINGFELDER: It looks like we have some Plant
18:26:14 High campers in the audience.
18:26:19 Welcome.
18:26:19 >>> Z 07-35, 2120 west Carmen street.
18:26:27 Petitioner is applying for a special use for parking,
18:26:30 off-street commercial.

18:26:32 There are two waivers being requested, a waiver for
18:26:34 access and commercial traffic onto an alley and a
18:26:37 waiver for the use of a six-foot wood fence every ten
18:26:42 feet along the eastern and southern boundary line in
18:26:44 lieu of the required 6-fought concrete masonry wall.
18:26:50 The petitioner, as I said, is proposing to rezone 2120
18:26:54 Carmen street from offstreet commercial parking lot.
18:26:57 The property is separated from the existing commercial
18:26:59 use by an alley that will be improved through the
18:27:02 application of the special use.
18:27:04 The property adjacent to the east is zoned
18:27:07 single-family residential.
18:27:08 The property is located at the West Tampa overlay
18:27:10 district in the City of Tampa enterprise zone.
18:27:15 Transportation has an objection to this and finds it
18:27:17 inconsistent related to several issues.
18:27:23 Melanie Calloway is here to speak on those.
18:27:25 One is relate to an easement in order for traffic to
18:27:29 function in the alley.
18:27:32 I'll show you some pictures of the site.
18:27:36 This is the site.
18:27:42 Howard Avenue to the west.

18:27:44 Carmen to the north.
18:27:47 The commercial property at the corner here of Howard
18:27:49 and Carmen is the property that this parking lot would
18:27:54 be serving.
18:27:56 >>JOHN DINGFELDER: What is that use right now?
18:27:58 >>> It's single-family residential, RS-50.
18:28:03 That's why it's special use.
18:28:04 >>JOHN DINGFELDER: What is the actual use?
18:28:06 >>> Oh, vacant.
18:28:07 >> No, the one on Howard.
18:28:09 >>> It's commercial.
18:28:13 Oh, I'm sorry, there's not a tenant.
18:28:16 It's being rehabbed.
18:28:17 I'll show you some pictures.
18:28:20 Sorry.
18:28:20 Long day.
18:28:23 The other property immediately on the other side of
18:28:25 Howard will be before you tonight.
18:28:29 The armory site.
18:28:31 Just to refer you to the zoning atlas, Howard to the
18:28:37 west, Carmen to the north, Armenia to the west, the
18:28:44 property located along Howard in this area is CI

18:28:47 commercial intensive.
18:28:48 Everything to the east here is RS-50.
18:28:54 We have a little bit of RM-16 right to the south side
18:28:56 of the site along Gray Street.
18:29:09 This is a view looking south of the property from
18:29:11 Carmen.
18:29:15 This is a view from the alley.
18:29:17 The alley has already been improved.
18:29:21 I'm not sure if it's to City of Tampa standards but it
18:29:24 will be and you can see that the property is currently
18:29:28 sun star.
18:29:30 This is a picture of the commercial use on Howard that
18:29:37 you are referring to.
18:29:37 Mr. Dingfelder, it's currently vacant.
18:29:39 I think it looks like they are -- this is a little
18:29:44 further south on Howard.
18:29:46 And this which is on the aerial is vacant which is new
18:29:49 construction on Howard, to the south of the property,
18:29:53 just north of Gray Street.
18:29:59 Behind this property here is a parking lot, as well.
18:30:04 >>LINDA SAUL-SENA: Excuse me.
18:30:07 Where is that in relation to our petition?

18:30:13 >>> That's located right here to the south.
18:30:18 And this is that new Howard gray building that we show
18:30:23 constructed in the vacant area.
18:30:26 Immediately across the street is the armory.
18:30:32 I believe that transportation is here to speak to
18:30:48 their objections as well.
18:30:53 >>JOHN DINGFELDER: A quick question.
18:30:54 The site plan showing a fence with a vine as a buffer
18:31:00 between the parking and the single-family residence.
18:31:04 Wouldn't we usually see a masonry wall in that area?
18:31:07 >>> Yes.
18:31:08 That's the second waiver that they are asking for on
18:31:10 the site, is to use the fence in lieu of the masonry
18:31:13 wall.
18:31:14 >>JOHN DINGFELDER: Okay.
18:31:16 And is there staff comment on that?
18:31:20 >>> No, there wasn't.
18:31:21 >> How about yours?
18:31:32 >>> I did comment on the wooden fence with vine.
18:31:42 Environmental design of the West Tampa overlay
18:31:44 district.
18:31:45 We asked that you can -- this wooden fence -- most

18:31:57 people don't maintain it and it also does not follow
18:31:59 the design guidelines.
18:32:03 Any questions?
18:32:06 >>JOHN DINGFELDER: It seems like there's an inherent
18:32:09 contention, on the one hand if I was living next door
18:32:12 I would want something solid, because, you know, as a
18:32:15 buffer, headlights, noise, fumes, et cetera.
18:32:17 >> But the property -- the residential properties
18:32:24 immediately abutting that, it is my understanding that
18:32:27 they can ask for that, if the petitioner agrees to do
18:32:30 that.
18:32:40 They are going with wooden fence.
18:32:47 >>LINDA SAUL-SENA: Do you have a photograph of the
18:32:48 residential uses to the east of the petitioner's
18:32:50 property?
18:32:52 That would be really helpful.
18:32:59 The residential uses to the east.
18:33:01 So that is really germane.
18:33:02 Thank you.
18:33:06 >>> We are just asking that if the property is
18:33:11 accessory or alternative layout for the commercial
18:33:14 property on Howard, we are just asking that the

18:33:16 petitioner put an extra tree on Carmen street, just
18:33:20 for urban design and review.
18:33:23 >>JOHN DINGFELDER: In the right-of-way or on the
18:33:27 property?
18:33:27 >>> No.
18:33:28 In the right-of-way.
18:33:29 >>LINDA SAUL-SENA: Is there any lighting in this
18:33:35 parking lot?
18:33:36 I can't see it on the site plan but maybe I'm not
18:33:38 reading it carefully enough.
18:33:42 >>> I did not see it with my review.
18:33:44 >> Maybe the petitioner can address this.
18:33:46 >> They have requirements that they have to --
18:33:54 >> It is my understanding they will comply with the
18:33:56 lighting requirements which requires them to direct
18:33:59 that away from the residential area.
18:34:00 They haven't asked for any other consideration in
18:34:02 relation to that issue.
18:34:11 >> General compliance to chapter 27 which would
18:34:13 require them to do that.
18:34:22 >>JOHN DINGFELDER: If they light it but I don't know
18:34:24 there's a requirement for them to light it.

18:34:26 >>> Melanie Calloway, transportation.
18:34:28 I want to say that the two comments I had, I think had
18:34:32 agreed to it so when he comes up here he will agree to
18:34:35 give the easement as well as the waiver to access.
18:34:44 >>TONY GARCIA: Planning Commission.
18:34:45 I have been sworn.
18:34:53 As you can see the proposed property has a land use of
18:34:58 residential 10 which still -- on this particular
18:35:03 segment of Howard Avenue, you do have along this
18:35:06 particular segment heavy commercial 24, community
18:35:09 mixed use 25.
18:35:15 As you can see on the aerial, for those of you, on the
18:35:25 eastern side, an appearance, we have seen a lot of low
18:35:32 to mid density, low to mid rise office uses along the
18:35:36 transition, very nicely.
18:35:40 I apologize for the -- if there is any structure here,
18:35:47 she showed you a photograph of the structure that's
18:35:48 here.
18:35:49 Their parking is to the rear, also.
18:35:51 So they do have parking to the rear over here that was
18:35:53 approved by this council for this zoning does done
18:35:56 last year.

18:35:57 The request is for temporary parking for this site to
18:36:01 accommodate this commercial use right over here.
18:36:04 There's another -- next commercial use here, heavy
18:36:08 commercial here.
18:36:10 Down to the west.
18:36:11 Planning Commission staff based on the evidence
18:36:12 presented found the proposed request consistent with
18:36:15 the comprehensive plan.
18:36:16 >>MARY MULHERN: Tony, when you said temporary parking
18:36:20 you mean just during daytime?
18:36:22 >>> Yes.
18:36:24 They can't keep cars overnight or for a long period of
18:36:30 time.
18:36:34 >>CHAIRMAN: Petitioner.
18:36:36 >>JOHN GRANDOFF: My address is suite 3700 Bank of
18:36:40 America Plaza.
18:36:42 And I have been sworn.
18:36:44 My client this evening is Jay court partnership and
18:36:49 the representative of the partnership this evening,
18:36:51 Mr. David Jacobson to my left.
18:36:56 David is going to speak to you in a little bit.
18:37:01 And walking the neighborhood, getting some signatures.

18:37:06 We have a photograph of the home next door that we can
18:37:08 show you immediately.
18:37:09 And also David's proposed tenants for the building are
18:37:13 here this evening if you would like to speak with
18:37:15 them.
18:37:15 They will give you a brief explanation of what they
18:37:17 plan to do.
18:37:20 This is an issue where you have a post World War II
18:37:23 building that doesn't have any parking so you have to
18:37:25 figure it out where you are going to put the parking.
18:37:26 The Jacord family partnership owns the residential lot
18:37:26 immediately to the east.
18:37:59
18:37:59 And they are coming to you this evening for a special
18:37:59 use permit.
18:35:43 We're not a rezoning.
18:35:48 Special use permit to approve parking.
18:37:44 We agree with Ms. Calloway's request on the easement.
18:37:50 That needs to be put together as part of the site plan
18:37:53 condition that we would discuss with Ms. Calloway and
18:37:55 Ms. Moreda in between readings if we're approved this
18:37:58 evening.

18:37:58 So we agree to that.
18:37:59 The waiver is necessary because we don't have direct
18:38:02 access on Carmen Street.
18:38:04 This was originally a home.
18:38:06 It has been since demolished.
18:38:08 We will access the property through the alley that's
18:38:10 between the lot and the office.
18:38:12 So we need a waiver on that issue, if you please.
18:38:14 Mr. Dingfelder brought up the issue about the fences.
18:38:19 We are stuck between three different ordinances here.
18:38:22 First of all, chapter 27-230 requires a buffering on
18:38:26 all property in the city.
18:38:28 However, you have an overlay requirement of the West
18:38:32 Tampa overlay district.
18:38:33 And then you have a third requirement, which spoken
18:38:37 about by the lady that came before me, which requires
18:38:41 you to be crime preventative.
18:38:43 So one requires concrete or wood while the other one
18:38:50 prohibits it, because for crime prevention you would
18:38:53 prefer not to have an opaque fence.
18:38:54 We will do whatever fence is the City Council's
18:38:57 pleasure.

18:38:58 Just put it up, and we think we can figure it out.
18:39:01 Let me show you a couple of things.
18:39:04 Kind of in reverse order.
18:39:07 Next door to the property, if you go immediately south
18:39:12 is the rezoning Tony spoke about or Mr. Garcia spoke
18:39:16 about a few moments ago, which is virtually a copy of
18:39:22 about what we plan to do.
18:39:24 If you would look at that.
18:39:31 >>LINDA SAUL-SENA: Is that the dentist office?
18:39:42 >> [INAUDIBLE]
18:39:45 >>JOHN DINGFELDER: We approved that.
18:39:48 >>LINDA SAUL-SENA: That was for some kind of doctor's
18:39:50 office.
18:39:51 >>JOHN DINGFELDER: Medical, yeah.
18:39:52 That's what they said at the time anyway.
18:39:55 >> Howard is to the west, which is right here.
18:39:58 We're to the north.
18:39:59 And we have an office building sitting here, and we
18:40:03 plan to put a parking lot behind here.
18:40:06 This is the property that is next door to our parcel.
18:40:10 This is the Tokley property.
18:40:13 Similarly, the project that's next door that's being

18:40:19 redeveloped, you have a single-family home behind that
18:40:22 property.
18:40:23 You may have seen it.
18:40:24 It's a greenhouse that was in the photographs that
18:40:26 Abbye showed.
18:40:27 And David probably has photographs of that.
18:40:29 We plan to put eight parking spaces here.
18:40:36 Jim Stutzman is our planner that has prepared the site
18:40:39 plan that's before you.
18:40:41 He prepared a reduced site plan for us to look at this
18:40:46 evening to give you kind of an idea in color about
18:40:51 what it would look like.
18:40:52 So, here is the office building.
18:40:57 We plan to bring -- here is the alley, which we need
18:41:00 access on.
18:41:01 Here are the eight parking spaces laid out.
18:41:05 This is greenspace.
18:41:07 This is the Tokley property.
18:41:10 This is the fence issue, wall, whatever you prefer
18:41:14 this evening, kind of an issue.
18:41:17 And here is Carmen street.
18:41:18 The armory is over here across the street.

18:41:21 That sums it up.
18:41:23 We believe that the project is in consistence with the
18:41:29 comprehensive plan as enunciated by Mr. Garcia.
18:41:32 It is a redevelopment project.
18:41:33 It is not a perfect fit.
18:41:36 Redevelopment projects are not perfect fits.
18:41:38 You have to be imaginative because we're trying to
18:41:41 retrofit a building here.
18:41:43 I'd refer -- reserve the rest of my comments for
18:41:47 rebuttal, unless you have any questions for me at this
18:41:50 time.
18:41:51 >>GWEN MILLER: Mr. Miranda.
18:41:52 >>CHARLIE MIRANDA: Thank you, Madam Chair.
18:41:53 Mr. Grandoff, I just have two questions.
18:41:55 One, the height of the fence and the proximity from
18:41:58 the fence, I saw some space there with the eight
18:42:04 parking spots on the other side.
18:42:06 What is the distance between the parking, alley you
18:42:09 might call it, and the fence?
18:42:11 In other words, I saw some green there.
18:42:12 I don't know if it's eight feet, ten feet, or whatever
18:42:14 it is.

18:42:15 Twenty feet.
18:42:19 >> This distance is 50 feet.
18:42:22 >>CHARLIE MIRANDA: All right.
18:42:24 >> That's 50 feet from property line to the alley is
18:42:28 50 feet.
18:42:29 So about half of that.
18:42:30 There's 25.
18:42:31 So this green space is probably -- let me ask Jim --
18:42:35 >>CHARLIE MIRANDA: 15 to 17?
18:42:40 >> 17 to 18 feet in that green area, where we also
18:42:43 have the retention, which is shown in blue.
18:42:54 >>LINDA SAUL-SENA: Thank you, I was going to ask about
18:42:56 lighting.
18:42:56 What is the use that will be in the property so that
18:42:59 will affect the parking and what kind of lighting --
18:43:03 >> David will explain the tenant to you.
18:43:05 He knows more about that than I do.
18:43:07 Any other questions?
18:43:10 >>GWEN MILLER: Let him come answer Ms. Saul-Sena's
18:43:12 question.
18:43:13 >> David, come forward.
18:43:14 This is David Jacobson.

18:43:16 He's the owner of the property and our client.
18:43:26
18:43:17 >>> My name is David Jacobson, I reside at 1506 south
18:43:20 Trask, Tampa.
18:43:22 I have been sworn in.
18:43:24 To quickly answer Ms. Saul-Sena's, your question, it's
18:43:29 going to be -- well, we haven't etched it in stone.
18:43:30 It's going to be the Bay Coffee and Tea Company, which
18:43:36 Herb Caldman is here this evening to speak at some
18:43:39 point.
18:43:39 They do organic coffees and teas.
18:43:42 And that's it.
18:43:44 While we are on the focus of photos, and show and
18:43:47 tell, I did take photos today, this afternoon, I did
18:43:50 have them processed at CVS.
18:43:55 This is the armory across the street directly in front
18:44:18 of my property which is 525 North Howard.
18:44:20 In addition to the property adjacent to my property,
18:44:23 the vacant parcel, 2120 west Carmen street, which is a
18:44:28 vacant piece of land.
18:44:35 This is an easterly shot of my building.
18:44:38 To the north is commercial intensive.

18:44:41 It's currently a brick paver shop.
18:44:44 I don't know, moving as of like this week.
18:44:49 To the east of me is a property which most of the
18:44:53 photos of the site plan were already out of date.
18:44:55 This is current, like I said, with environmental
18:44:58 agency.
18:44:59 They moved out.
18:45:00 The gentleman actually gave me a letter to read on his
18:45:04 behalf this evening.
18:45:04 >>CHARLIE MIRANDA: Is that Bailey's?
18:45:10 >>CHAIRMAN: That's okay, go ahead.
18:45:13 >> Directly to the east or to the west of me, this is
18:45:19 501 Howard which they call the gray and Howard
18:45:22 building.
18:45:23 That sits to the east of 519 north -- or 519 North
18:45:30 Howard.
18:45:31 Like I said -- to the south, excuse me, to the south,
18:45:34 the new building that they just constructed.
18:45:40 This is across the street from Gray and Howard.
18:45:45 The building they built just prior.
18:45:47 And I'll show you where I'm going with this in a
18:45:49 moment.

18:45:51 Let me scoot it up here.
18:45:53 Your time is valuable.
18:45:54 The address is 407 Howard.
18:45:56 It's currently vacant.
18:45:57 I think they are trying to get a tenant to do the
18:45:59 buildout.
18:46:00 This is the parking, directly behind that building,
18:46:06 which as I said before, 407 Howard.
18:46:12 -it takes a southerly turn and it dead-ends to the
18:46:16 east and it backs up on westland.
18:46:23 You all have a view of that?
18:46:25 And I just want to make the point that does back up to
18:46:27 residential Westland.
18:46:30 Once again here's another photo oh of the dead-end of
18:46:34 how that backs up to the north is residential, a
18:46:39 house.
18:46:40 That is the house right there.
18:46:42 I want to show you that.
18:46:43 And that address, 2116 Gray.
18:46:48 So to the north is the new Howard Gray building.
18:46:56 This is the parking lot that they built.
18:47:00 It's almost triple in size compared to what I'm asking

18:47:03 for, which is roughly eight spots, one being
18:47:06 handicapped.
18:47:07 You will see the Tokley's house directly to the north,
18:47:10 which they supplied them with the wood fence there.
18:47:14 Like I said, we are happy to provide council with
18:47:19 whatever they want really.
18:47:20 This is how Howard Gray property once again looking to
18:47:23 the north.
18:47:24 The alley that runs through my property.
18:47:28 And you can see the property.
18:47:29 You will see where the fence kind of stops midway.
18:47:32 You can see how it correlates to the property.
18:47:36 Once again a closer shot.
18:47:37 My building in the white, to the west.
18:47:44 And then another corner shot.
18:47:47 And this is looking to the south of the property.
18:47:51 Howard is actually improved by the Howard and Gray
18:47:56 fellows who did that property.
18:47:58 Once again my block is to the east of my building
18:48:00 there.
18:48:02 This is the vacant lot.
18:48:06 It should be a southeastern shot of the vacant lot

18:48:08 there.
18:48:10 The Tokleys are immediately to the east.
18:48:15 And then once again, this shot taken from, I think,
18:48:19 the southwesterly quarter facing Carmen, directing the
18:48:24 photo towards Carmen, just to give you an idea where
18:48:27 the lots are going.
18:48:32 And then -- you have the brick pavers to the north and
18:48:35 then the armory to the west to finish it off.
18:48:37 >>JOHN DINGFELDER: Question.
18:48:44 We have got this aerial map.
18:48:46 And there's a lot of change going on there.
18:48:49 I'm not sure how recent this is.
18:48:53 Looks like September.
18:48:54 Is there a house directly to the north of your --
18:48:59 >>> 2120 Carmen.
18:49:00 >> Single-family house directly to the north of yours
18:49:03 across Carmen?
18:49:04 >>> Yes, there is.
18:49:05 >> Is there landscaping or buffering being proposed?
18:49:09 It's hard to tell.
18:49:10 >>> Yes, there is.
18:49:13 And then if you want additional landscaping, I love to

18:49:19 do it on the weekend so I'm happy to do it personally.
18:49:23 I have a petition.
18:49:27 Can I hand this to you all?
18:49:29 I made four copies.
18:49:36 I have the original if you would like to see that as
18:49:38 well.
18:49:41 Last Sunday evening I went around the community.
18:49:45 One of the neighbors suggested it.
18:49:46 And there's no book written on how to do this.
18:49:49 No book for dummies on how to rezone.
18:49:51 And I was told to put together a petition.
18:49:55 I sort of purposely waited to the week of this hearing
18:50:00 with the holiday.
18:50:01 I didn't want people to forget about this.
18:50:03 I wanted to be fresh in their mind if they were going
18:50:06 to protest it.
18:50:08 I wanted to be fresh.
18:50:10 The first signature there, Irene Anderson is 2119 west
18:50:15 Carmen street, she's directly to the north and
18:50:17 directly behind the brick pavers.
18:50:21 I went around.
18:50:22 I got roughly 95 signatures on foot starting Sunday

18:50:25 evening.
18:50:25 I put in about four hours Sunday evening, Monday
18:50:29 evening, Tuesday evening, Wednesday evening and then
18:50:31 today for about three hours, which was about 15 hours
18:50:34 of total.
18:50:36 95 signatures may not seem like a lot.
18:50:38 But when you're walking door to door and everyone
18:50:41 wants to talk to you, and I'm fine with that, I'm a
18:50:43 talker.
18:50:45 >> Now you know how we feel.
18:50:46 >>> Oh, my gosh.
18:50:48 >> Welcome to our world.
18:50:50 >>> But it was nice, you know.
18:50:54 I went to a lot of homes in the community,
18:50:55 specifically north Hyde Park, probably remodeled 20,
18:50:59 30 homes that were eyesores in the community.
18:51:01 I feel that I have raised the parrots property values
18:51:04 in these communities.
18:51:05 It was nice to finally get to meet the people behind
18:51:07 the closed doors who don't come out.
18:51:09 And I had an overwhelming response, not only to the
18:51:12 parking but specifically to the at a company which

18:51:17 supplies organic coffees and teas.
18:51:20 I did have one or two objections, which I figured
18:51:24 that.
18:51:24 But above and beyond I would say it was a 99% approval
18:51:29 rating.
18:51:35 >>LINDA SAUL-SENA: My question is about the lighting.
18:51:37 And is the coffee and tea place going to be like for
18:51:40 the public to come in and have coffee and tea?
18:51:43 Or is it wholesale and you will have trucks?
18:51:48 >>> Right now, we haven't secured a lease yet.
18:51:52 Quite honestly the parking is the issue on hand.
18:51:57 It's going to be a place where people can come.
18:52:00 We are going to have poetry night.
18:52:02 Music night.
18:52:02 Come in the morning, have your coffee, tea, fresh
18:52:06 brewed.
18:52:07 To the extent are they going to make it at the
18:52:09 building? I really don't know.
18:52:10 You can talk to them when they come up to speak.
18:52:17 I had three brief letters from different individuals,
18:52:20 less than a paragraph they have asked me to read on
18:52:23 their behalf.

18:52:23 Is this the time?
18:52:25 >>GWEN MILLER: This is the time.
18:52:26 >>> I have the short one first.
18:52:29 January 7, 2008, City Council, Stephani Bruzinski,
18:52:37 west Carmen street, I spoke about the plans for the
18:52:39 parking area behind the building at North Howard and
18:52:41 west Carmen, I have no objections to his plans for
18:52:44 development.
18:52:45 The second one is Kevin James, 1914, 1916 west Carmen
18:52:54 street, dated January 6, 2008.
18:52:58 David Jacobson presented to me on January 6th his
18:53:01 petition to develop the lot and Carmen and his plan
18:53:05 has my complete support.
18:53:08 As a resident of north Hyde Park.
18:53:11 I eagerly embrace valuable commercial development in
18:53:14 the neighborhood.
18:53:16 What I do not look forward to is the congestion and
18:53:19 strange cars parked in front of my house due to this
18:53:22 development.
18:53:22 Parking has become a tremendous problem on South
18:53:26 Howard, Soho.
18:53:28 So I was encouraged to see parking with on North

18:53:32 Howard which is why I am in full support of this
18:53:36 project.
18:53:36 Carmen street especially near Howard is narrow to
18:53:39 begin with, will become very difficult to drive down
18:53:41 if cars are parked on both sides of the street.
18:53:43 Parking to accompany the additional traffic due to the
18:53:46 business is highly desirable. In fact I was a little
18:53:49 surprised to find out that the creation of this type
18:53:50 of parking is not required.
18:53:52 I personally have been in front of the Tampa variance
18:53:56 review board and found these boards to be fair and
18:53:58 unbiased and am confident they would approve a project
18:54:03 such as this.
18:54:05 Last but not least, to whom it may concern, the Rhodes
18:54:09 group located directly to the south at 519 North
18:54:14 Howard.
18:54:15 He recently purchased the environmental agency and has
18:54:18 put substantial money into the building, if you drive
18:54:20 by it.
18:54:21 To whom it may concern, dated today, I low reign
18:54:27 Rhodes support the 2021 west Carmen street from
18:54:30 residential to commercial.

18:54:33 I recently just purchased an adjacent piece of
18:54:36 property that backs up to the above mentioned property
18:54:37 and have invested hundreds of thousands of dollars to
18:54:40 update the property in the hopes that the rest of the
18:54:43 neighborhood does the same.
18:54:44 The city talks about the next, quote, great city but
18:54:48 sometimes makes it difficult for the people with a
18:54:50 vision to better community and actually make it
18:54:52 happen.
18:54:53 And get the support they need.
18:54:56 Voting to rezone this property would not only be much
18:54:59 needed but continue to help develop the Howard Avenue
18:55:01 north corridor.
18:55:02 Similar to what was done in the Hyde Park Howard area
18:55:06 many years ago.
18:55:06 I hope our city shares the same vision as the people
18:55:09 who have not only invested money, time, but
18:55:13 entrepreneurial spirit as well.
18:55:16 I prepared a small speech and then I will close it for
18:55:19 the evening and that's it and take any questions that
18:55:21 you have.
18:55:27 If you all would like these letters --

18:55:32 >>JOHN DINGFELDER: Just put them in the record.
18:55:40 (Bell sounds).
18:55:41 >>GWEN MILLER: Time is up.
18:55:42 That's it.
18:55:45 >> You will have a little time for rebuttal.
18:55:47 >>GWEN MILLER: You can come back.
18:55:48 >>LINDA SAUL-SENA: Can I ask a question?
18:55:52 Would you please tell me about the lighting?
18:55:55 >>MARTIN SHELBY:
18:55:57 >>> Sure.
18:55:58 Honestly I'm not the one to ask.
18:56:01 Site plan guys are the one to ask.
18:56:02 >>LINDA SAUL-SENA: He didn't put anything on here and
18:56:05 my whole concern is when you have a commerce use next
18:56:09 to residential you don't want to drive the people next
18:56:11 door crazy with lighting.
18:56:12 >>> I know Mr. Rhodes who has the building to the
18:56:14 south of me has recently installed flood lights on all
18:56:18 four corners, they are motion monitored.
18:56:20 I plan to do the same at my building as well.
18:56:23 Any additional lighting as far as the lot, you know,
18:56:26 if you ask me I'll do it.

18:56:28 I don't have a problem with that.
18:56:32 >>MARTIN SHELBY: Council, I want to take the
18:56:34 opportunity, and I want to pass out to council because
18:56:39 it's not in the staff report, the general standards
18:56:41 for special use under 27-269, the fine points so you
18:56:46 will have that to refresh your recollection.
18:56:49 >>GWEN MILLER: We are going to hear from the audience
18:56:50 now.
18:56:59 >>> Madam Chair, council members, my name is James E.
18:57:04 Tokley, Sr.
18:57:06 By the way, I have been sworn in.
18:57:09 James E. Tokley, Sr., I live in the residential unit
18:57:15 directly to the east, 2118 Carmen street, 2118 west
18:57:21 Carmen street.
18:57:22 To put a parking lot in the living room.
18:57:29 The owner of a vacant lot at 2120 Carmen street is
18:57:33 petitioning City Council to allow them to use the lot
18:57:37 for commercial parking lot for business located at 525
18:57:43 Howard Avenue.
18:57:44 We oppose the request.
18:57:48 The lot is currently zoned residential single-family
18:57:53 and is immediately adjacent to 12 residential homes

18:57:57 with seven children living on the block.
18:58:02 Immediately adjacent to -- three families living
18:58:06 immediately adjacent to and across from the lot have a
18:58:10 combined total of 19 young children and grandchildren
18:58:16 visiting in the three homes at any given time.
18:58:20 Furthermore, a parking lot located at 2120 Carmen
18:58:25 street would increase traffic within a two-block
18:58:28 residential area, would endanger children at play on
18:58:32 the street.
18:58:34 Indeed, changing the land used in zoning would also
18:58:38 destroy a residential community already understood
18:58:42 fire from the developer, thereby opening Carmen
18:58:45 street, another block with vacant lot to commercial
18:58:50 development.
18:58:51 Please note, the lot 2120 Carmen street, which was
18:58:56 previously owned by the City of Tampa, was purchased
18:58:59 in September 2004 by a business on the block for a bid
18:59:05 of $21,500, a price which was nearly twice the value
18:59:09 of the property at the time.
18:59:13 Nevertheless residents were assured that the sales
18:59:16 agreement and the purchases stipulated that the bid
18:59:19 worry build a home on that lot.

18:59:22 The language was not included in the deed.
18:59:25 Therefore, within six months, the bidder sold the
18:59:29 property for 229,500 to Jacord Limited Partnership, an
18:59:38 owner of 525 Howard Avenue.
18:59:40 We believe the limited partnership intended to use the
18:59:43 property for commercial parking because of difficulty
18:59:47 in leasing space in the building on Howard Avenue.
18:59:52 More over, we believe the residents on Carmen street
18:59:57 deserve to continue to live in peace and tranquility.
19:00:02 Who knows, in the near future, anyone's residential
19:00:06 block could be the site of a parking lot, or from
19:00:10 other commercial development.
19:00:12 Consequently, we urge you to support the residents on
19:00:18 Carmen street who oppose another parking lot in our
19:00:22 living room.
19:00:25 I wish to read a letter that we received from the
19:00:30 north Hyde Park civic association, to Tampa City
19:00:34 Council.
19:00:35 (Bell sounds).
19:00:40 I have here a waiver form.
19:00:47 From Mr. Jonathan Hendricks, 2111 Carmen street.
19:01:01 If you don't mind.

19:01:02 I guess it will take a minute of your time.
19:01:04 >>MARTIN SHELBY: Actually, he would have to give up
19:01:06 his time entirely, sir.
19:01:09 And if anybody else has a speaker waiver form, council
19:01:12 rules do allow that.
19:01:13 You should, before you begin speaking, to allow the
19:01:16 clerk to know how much time to have, present it to us.
19:01:18 And you have to be present, the names of the people on
19:01:20 the list have to be present and have to waive their
19:01:23 entire time for each additional minute.
19:01:24 >>JOHN DINGFELDER: How much more time do you need, Mr.
19:01:28 Tokley?
19:01:29 >>> I need 30 seconds.
19:01:31 >>
19:01:32 >>JOHN DINGFELDER: Move to waive the rules.
19:01:33 >>> Second.
19:01:38 >>> To Tampa City Council.
19:01:38 We write this letter in opposition to the petition for
19:01:41 case number Z 07-35, a request to rezone 2120 Carmen
19:01:47 street, et cetera, et cetera, for residential
19:01:50 single-family to commercial property.
19:01:52 The petition is a request to encroach upon and

19:01:55 establish residential neighborhood and on a street
19:01:58 with many young children.
19:02:00 Because the request is being made to accommodate
19:02:02 property currently zoned C-1, C-I. This creates
19:02:07 potential for attracting customers from a wide range
19:02:09 of perspective businesses from bar and lounge to
19:02:14 bottle clubs that could lease the building for
19:02:17 purposes that are incompatible with families with
19:02:20 small children.
19:02:21 More over, allowing a parking lot to be located
19:02:24 adjacent to homes with small children sets the stage
19:02:28 for raising the risk of injury or worse by the
19:02:32 increasing traffic of a parking lot in the
19:02:37 neighborhood.
19:02:37 We have parked hard and continue to work hard to
19:02:40 maintain the integrity of our small community, zoning
19:02:44 vacant residential single-family lot for commercial
19:02:47 parking in our community is detrimental to the
19:02:49 residents, their children and to our community.
19:02:52 We urge to you deny approval of the case.
19:02:56 Signed by Robert Allen, president, North Hyde Park
19:03:00 Civic Association.

19:03:01 I would be happy to share the letter with you.
19:03:04 Thank you very much.
19:03:06 >>GWEN MILLER: Thank you.
19:03:11 >>> I have a speaker waiver form.
19:03:13 >>GWEN MILLER: Give it to Mr. Shelby.
19:03:23 >>> Charles Jones, are you present?
19:03:25 Thank you.
19:03:26 One additional minute.
19:03:28 >>> Good evening, members of City Council.
19:03:30 My name is Joanna Tokley, my address is 2118 west
19:03:34 Carmen street, immediately adjacent to the property
19:03:38 under discussion.
19:03:39 My husband and I are residential single-family
19:03:42 homeowners, and I will read my statement to save time,
19:03:46 and also the letters read previously are not from
19:03:50 people who live in the same block as the parking lot
19:03:52 is going to be located on.
19:03:55 Some of the 2100 block Carmen street residents met
19:03:59 with the petitioner and reviewed the plans and are
19:04:01 here to oppose the petition to rezone 2120 Carmen
19:04:05 street for commercial property on a lot that's
19:04:07 currently zoned for residential single-family, and

19:04:10 that for years held a single-family home.
19:04:14 It encroaches on homeowners and on their 12 children
19:04:18 we found out within that same block.
19:04:20 So we are standing here to protect those 12 children
19:04:23 and our 21 grandchildren who visit us all the time and
19:04:27 who play in our yards and in our driveways.
19:04:31 After the first hearing was postponed we submitted a
19:04:34 petition signed by residents of the Carmen street
19:04:36 block opposing the parking lot.
19:04:38 However, we understand the petitioner single-family
19:04:42 residence on the block in the neighboring street, and
19:04:45 the North Hyde Park neighborhood association,
19:04:45 collecting signatures, and showed a petition that we
19:04:51 had submitted which has the name of someone who says
19:04:54 she has not signed anything for the petitioner.
19:04:58 We also were told that the petitioner told some of the
19:05:01 residents that our only objection was to lighting that
19:05:04 might shine in our windows, which was not true.
19:05:08 We recognize the petitioner stated that without the
19:05:11 proposed parking, customers visiting the building
19:05:11 would park in our yard, but we have a five-minute
19:05:18 parking sign that we can call upon.

19:05:21 No doubt you are aware that the sales document secured
19:05:23 from the city approved the Jacord Limited Partnership
19:05:27 knew at the time they purchased the building on Howard
19:05:29 Avenue and the vacant lot on our street that the lot
19:05:32 was zoned residential single-family and that the
19:05:34 seller had purchased the property from the city, that
19:05:38 a home would be built on the property within two years
19:05:41 which did it not do, because within one month he sold
19:05:45 it to Jacord.
19:05:48 We also wish Jacord Limited Partnership had that
19:05:54 property for three years and has done nothing to it.
19:05:56 Thus the promise to beautify the building made the
19:05:59 people in the community think they were doing
19:06:01 something, but you can put anything you want to on a
19:06:03 snake and it's still a snake.
19:06:05 We have no idea what that building can hold.
19:06:07 It can be a tea or coffee shop today.
19:06:09 Tomorrow it could be a pub or be a massage parlor.
19:06:12 Finally, we know that the sign you see here was placed
19:06:18 in front of the Howard Avenue property soon after it
19:06:25 was bought, saying the building was for lease along
19:06:28 with use of the lot for parking which was illegal.

19:06:30 It says to us they were going to use the lot for
19:06:34 parking illegally.
19:06:36 Finally, you will note that we have a picture that
19:06:49 shows the back of that -- I can't find it right now,
19:06:53 but the back of that building will accommodate
19:06:55 anywhere from six to eight cars for parking.
19:07:00 There are no plans for them to use the space that's
19:07:02 behind their building, and some of it that is off to
19:07:05 the side.
19:07:06 Also, residents in the 2100 block use that alley
19:07:09 between the vacant lot and the Howard Avenue property
19:07:12 to gain access in order to go south on Armenia Avenue
19:07:15 without having to go a quarter mile out of the way.
19:07:18 So approving a petition would make the alley virtually
19:07:21 inaccessible.
19:07:22 In closing, we won't choose increasing property values
19:07:33 over the lengthening the lives of our baby and we
19:07:35 won't choose beautification over the prospect of
19:07:38 selling from our homes and moving from the area by
19:07:41 selling vacant lots for more money and we will not
19:07:43 choose to start destroying a residential block for
19:07:45 possible unsavory and unknown businesses that could be

19:07:49 here today and gone tomorrow.
19:07:51 Instead, what we seek tonight is affirmation from you
19:07:54 that our children and grand children's lives are worth
19:07:58 more than any potential increase in land value.
19:08:03 (Bell sounds).
19:08:03 I thank you for your time.
19:08:08 >>GWEN MILLER: Thank you.
19:08:08 Next speaker.
19:08:19 >>> Jonathan hinges.
19:08:22 I have been sworn in to speak.
19:08:24 I'm a resident of 2111 west Carmen street.
19:08:27 I just want to say that basically, I don't approve of
19:08:34 a parking lot right there for the simple fact that
19:08:37 maybe four months ago there was a truck that went
19:08:40 through there, and sign says 20 miles per hour and no
19:08:47 truck zone can come in that neighborhood.
19:08:49 Another thing is a lot of cars back there and people
19:08:59 can just, you know, burglarize cars and anything like
19:09:02 that.
19:09:04 Another reason is basically, I mean, why would you
19:09:15 need extra cars over there, you know?
19:09:19 You it's an eye doctor.

19:09:21 Go in and come out.
19:09:22 And the building next to it, it could be a bar.
19:09:27 We don't want children near it.
19:09:29 Basically that's all I got to say.
19:09:31 >>GWEN MILLER: Thank you.
19:09:32 Would anyone else like to speak?
19:09:35 If you are going to speak, please come up and speak.
19:09:41 >>> Good evening.
19:09:42 My name is Keith Koehler.
19:09:45 I am Koehler and company which is a CPA firm located
19:09:48 at 407 North Howard Avenue.
19:09:55 You can turn to this picture.
19:09:58 That building is my building which is located on the
19:10:01 corner of Howard and Gray Street.
19:10:07 This is a map which shows -- I'm here for another
19:10:14 hearing but while we are talking about this area.
19:10:16 My building is on the corner beside these two lots.
19:10:21 There's a parking lot behind here.
19:10:24 There's a parking lot behind it here.
19:10:26 The Howard gray building which is on the corner of
19:10:28 Howard and Gray Street which is located on the corner
19:10:32 comprise of two or three lots of parking behind it

19:10:34 with the residents abutting that.
19:10:37 And it's my understanding this is the subject of the
19:10:41 petition.
19:10:46 If you notice on -- this is the parking lot behind my
19:10:52 building on the corner of Howard and gray.
19:10:55 There's a residence here.
19:10:58 This goes all the way to west link.
19:11:01 Here's another view that shows that residence.
19:11:04 Here is the residence.
19:11:06 The reason why I bring this up is because I believe
19:11:09 that businesses and residences can coexist in the same
19:11:13 neighborhood.
19:11:16 There's no doubt this group wants to rezone that
19:11:21 property to put parking so that their building will be
19:11:23 functional.
19:11:24 But that functional building is going to be good for
19:11:26 the neighborhood.
19:11:27 It's going to be God for Howard Avenue.
19:11:29 It's going to bring property tax base into the area.
19:11:31 It's going to make it easier for the residents who
19:11:35 live on that street to contend with controlled parking
19:11:40 as opposed to uncontrolled parking where people are

19:11:42 parking along the street, and blocking allies and
19:11:45 creating other problematic situations.
19:11:48 I think it's a perfectly reasonable request and I'm
19:11:50 fully supportive of this petition.
19:11:52 >>MARTIN SHELBY: Were you sworn in for the record?
19:11:56 >>> I was.
19:11:56 Thank you.
19:11:57 >>GWEN MILLER: Next speaker.
19:12:02 >>> My name is Erin Gubler, I reside at 1819 west
19:12:06 Carmen street.
19:12:07 I have not been sworn in.
19:12:08 >>CHAIRMAN: Raise your right hand.
19:12:13 Anyone else to be sworn in?
19:12:16 Everybody hoe has not been sworn, please stand and
19:12:18 raise your right hand.
19:12:20 (Oath administered by Clerk).
19:12:24 >>> To those who came in late, when you state your
19:12:26 name please reaffirm that you have been sworn on the
19:12:28 record.
19:12:29 Thank you.
19:12:31 >>> I was made more aware of this week when the
19:12:38 petitioner came to talk to my husband and myself about

19:12:40 it.
19:12:40 Initially, I really didn't know what to think about
19:12:42 it.
19:12:43 But the more we talked about it the more concerns I
19:12:47 have, the concern of a parking lot that close to a
19:12:50 residence, and, you know, as a good neighbor I would
19:12:53 not want that next door to my house.
19:12:56 I feel the need to stand up for the Tokleys, even
19:12:59 though I don't know them personally.
19:13:00 I feel concerned about the fact that when this
19:13:02 property was initially sold about the stipulation that
19:13:05 it was supposed to be used to build a residence, which
19:13:10 it's clearly not going to be.
19:13:11 And I also have a big concern about the type of
19:13:14 business that could be put into that building,
19:13:18 directly in front of it.
19:13:19 So it concerns me that right now there's no lease in
19:13:22 place, and saying that there's going to be a coffee
19:13:26 shop there, which that in and itself of itself could
19:13:30 be a concern with the traffic day and night.
19:13:32 An office building would be a thing just during
19:13:34 business hours it might affect them but the nighttime

19:13:37 possibility concerns me.
19:13:40 And also the possibility of putting a bar or pub or
19:13:43 some kind of alcoholic business in there.
19:13:47 So those are my concerns.
19:13:48 I don't live on the same block.
19:13:50 I live on the next block down.
19:13:52 On the 1900 block.
19:13:53 But as a good neighbor I don't think you should
19:13:56 approve this petition.
19:14:01 >>GWEN MILLER: Would anyone else like to speak?
19:14:08 >>> I have been sworn in.
19:14:09 My name is Eric COLVIN, president and CEO of bay
19:14:15 coffee and tea.
19:14:16 The property that's in contention right now, 2120
19:14:19 Carmen Avenue, will support our business venture
19:14:23 that's going to be in the building at 525 North
19:14:26 Howard.
19:14:28 This is going to be a retail coffee facility.
19:14:34 We are going to be serving single cups of coffee.
19:14:37 All our products will also be organic.
19:14:40 And we will also have a wholesale roasting business at
19:14:45 this facility.

19:14:47 This will support our current wholesale customers.
19:14:52 You don't have to worry about 18 wheelers rolling in.
19:14:55 We will have UPS to deliver the different varieties of
19:15:01 coffee.
19:15:04 Our green beans come in 150-pound sacks so they are
19:15:07 pretty heavy.
19:15:08 So this will be less traffic in this area for
19:15:13 shipment.
19:15:14 Some of the events that we plan on having at this
19:15:17 facility, we are finding a lot of people are unaware
19:15:20 of just that single cup of coffee and those Starbuck's
19:15:25 have really brought coffee to the forefront.
19:15:28 However, not everyone is familiar with organic coffee;
19:15:33 where it's grown, how it's grown, how it's cultivated.
19:15:36 We are going to be putting on seminars at this
19:15:39 particular location, to share with our customers, and
19:15:42 also to share with the community.
19:15:46 In addition, we are also going to have room for
19:15:51 display of local art.
19:15:52 We are going to support the local school programs,
19:15:57 different art programs.
19:15:58 So there's going to be a lot of very interesting

19:16:01 activity at this building.
19:16:03 One of the things that we are also looking at is a
19:16:07 workforce program, to teach people how to roast
19:16:10 coffee.
19:16:11 And this is an up-and-growing industry, and per se for
19:16:19 a few minorities in coffee roasting.
19:16:21 Well, this is one of the things that we would like to
19:16:23 bring to this building.
19:16:25 I think there's a lot of positive things to come into
19:16:29 this community.
19:16:30 And I hope that you will seriously take a look at
19:16:33 approving this property.
19:16:34 >>GWEN MILLER: Would anyone else like to speak?
19:16:36 Petitioner, do you want to come and rebuttal?
19:16:38 >>JOHN DINGFELDER: Can I have a question before
19:16:41 rebuttal?
19:16:42 That way we don't have to have double rebuttal.
19:16:50 There was mention that this lot was purchased from the
19:16:53 city, and I reviewed those purchase contracts, and
19:16:57 very often do speak to the proposed use of the
19:17:01 property when somebody buys it.
19:17:05 Ms. Tokley indicated it's her understanding the use

19:17:07 was to be used for single-family, pursuant to the
19:17:10 contract with the city, and now it's moved on to
19:17:13 something else, and a new sale, et cetera.
19:17:16 Have you all looked at that issue at all?
19:17:18 Do you have any familiarity with that?
19:17:21 >>> Donna Wysong, legal department.
19:17:23 Actually, I was just speaking with Ms. Feeley about
19:17:26 that and we do not have a copy of that deed in our
19:17:30 file.
19:17:31 So we have not reviewed that for this application.
19:17:36 No, we don't have a copy of it.
19:17:38 We have not reviewed that application.
19:17:40 I was hoping perhaps Mr. Grandoff could speak to that
19:17:43 in his rebuttal because we do not have any information
19:17:46 on that.
19:17:46 >>JOHN DINGFELDER: I'll be real curious to hear that.
19:17:49 Because under normal situations, it seems like the
19:17:52 city would have concern, you know, if the immediate
19:17:55 buyer doesn't follow through with what they are
19:17:58 supposed to do.
19:17:59 >>MARY MULHERN: I have a question, I think, for staff.
19:18:05 Ms. Feeley.

19:18:07 The property, one of the speakers said that that
19:18:10 property just south across Carmen -- I don't know if
19:18:18 it was across Carmen or Gray Street, was all parking
19:18:22 lot?
19:18:22 Is that true?
19:18:25 That's the RM-16.
19:18:27 Is that what that is?
19:18:28 If you have RM-16, you can just have surface parking
19:18:33 that's allowed?
19:18:35 If you look on your map you gave me.
19:18:38 >>JOHN DINGFELDER: That was a rezoning that we did
19:18:43 last year.
19:18:46 The new Gray Howard building there. But I thought it
19:18:51 was a PD.
19:18:51 >>MARY MULHERN: But that old photograph is so old.
19:18:57 >>> There are two PDs.
19:18:58 If you look, the gentleman that spoke and showed you
19:19:02 his building, this is the lot we are talking about.
19:19:07 This is the gray Howard building on lots 13 and 14.
19:19:12 >>MARY MULHERN: I'm talk about just on the other side,
19:19:15 north of the gray house.
19:19:17 RM-16.

19:19:18 That's not parking lot, is it?
19:19:22 >>JOHN DINGFELDER: I think that's a PD.
19:19:24 And it was a parking lot.
19:19:27 >> But it's a PD now?
19:19:30 The maps and the pictures are out of date.
19:19:34 It's hard to know what we are.
19:19:41 69 sir, do not speak out, please.
19:19:43 >>> The Howard lot is 13 and 14.
19:19:45 The property we are talking about is at 11 and 12 with
19:19:48 the parking lot behind it shaded in green.
19:19:56 >>MARY MULHERN: 15, 16 and 17.
19:19:57 >>> They are saying is part of the PD unless the
19:20:00 zoning atlas is incorrect.
19:20:02 >> And it is currently parking lot.
19:20:04 >>> It is currently parking lot.
19:20:07 >>MARY MULHERN: And that is within the zoning,
19:20:11 acceptable within that zoning?
19:20:12 >>> Yes.
19:20:13 >>MARY MULHERN: Okay.
19:20:14 >>GWEN MILLER: Other questions by council members?
19:20:18 >>MARTIN SHELBY: Council, I want to address council
19:20:20 member Dingfelder's concern and I understand that it

19:20:23 is a concern, it is a valid concern of this council.
19:20:26 However, within the context of this special use, I
19:20:29 would ask council that perhaps that concern can be
19:20:32 addressed within the totality of the general
19:20:36 standards, and council limit this particular
19:20:38 discussion to the request, and I'm sure Mr. Grandoff
19:20:42 will address that in his rebuttal relative to the
19:20:45 request for a special use.
19:20:47 >>JOHN DINGFELDER: If you have a title issue -- you
19:20:55 better not rezone, you know.
19:21:00 >>CHAIRMAN: Rebuttal.
19:21:06 >> Further cloud it.
19:21:07 >>> I'll address the title issue first.
19:21:14 The city sold the property in September of '04 to the
19:21:23 person before David.
19:21:25 The contract had a clause that said, in so many words,
19:21:29 you have to build a house there in two years, if you
19:21:32 don't build the house.
19:21:34 And the city can buy the property back for the value
19:21:37 paid, less 20%.
19:21:41 But the city got has got to exercise that right within
19:21:46 90 days of the two year anniversary.

19:21:48 So I don't have deeds in front of me but that 09 days
19:21:54 would have run December '06, January of '07, give or
19:21:57 take.
19:21:58 I have the contract.
19:21:59 I'll be glad to show you.
19:22:00 >>JOHN DINGFELDER: When was his transaction, your
19:22:02 client's transaction?
19:22:04 >>> I'll make sure.
19:22:06 David, when did you purchase?
19:22:10 I have my deed.
19:22:12 I can pull the file on. That I can answer that in a
19:22:14 second.
19:22:15 I can pull my file.
19:22:16 Let me get the agreement first.
19:22:22 I'm providing to the City Council a copy of the
19:22:40 landfill agreement dated September 15, 2004 between
19:22:44 the City of Tampa and Howard LLC and Florida limited
19:22:48 liability company.
19:22:49 And I'm referencing page -- the Xerox copy did not
19:22:56 make a page number -- section 14.
19:22:58 >> Is that the copy for council?
19:23:01 >>LINDA SAUL-SENA: It's very specific about what

19:23:11 should be built, a house of 1200 square feet.
19:23:33 >>JOHN DINGFELDER: John, you're looking for your
19:23:35 client's deed?
19:23:36 Pardon me a moment.
19:24:24 I'm looking.
19:24:25 Here we go.
19:24:31 The actual deed is my title file but I do have a deed
19:24:49 recorded -- let me check with David on that.
19:24:54 >>CHAIRMAN: Mr. Grandoff will give you a copy.
19:24:58 Take a look at that one.
19:24:59 >> This is a warranty deed between Howard LLC and
19:25:15 Jacord Limited Partnership, recorded at OR 147 through
19:25:18 480809 on March 2 of '05.
19:25:26 They are within the two-year frame.
19:25:40 If I can recapitulate what we just said, Jacord bought
19:26:10 the property within the two-year window.
19:26:15 They held the property.
19:26:16 The city did not exercise any reversion rights within
19:26:18 that 90-day time frame after September of '06.
19:26:23 And that right expired.
19:26:27 So that allowed him to go forward and then apply for
19:26:31 the special use permit for this evening.

19:26:36 >>GWEN MILLER: I thought he was supposed to build a
19:26:38 house within those two years.
19:26:40 How are you going to sell it before those two years?
19:26:42 >>> It was a bilateral agreement.
19:26:44 City has a similar obligation to enforce the
19:26:47 agreement.
19:26:52 >>
19:26:53 >>THOMAS SCOTT: The problem you have is primarily the
19:26:55 city has all these lots.
19:26:56 And what they do is they sell them, if emphasis on
19:27:02 affordable housing.
19:27:03 And you have a window to be able to a build a house,
19:27:08 so in this case it was sold within two years, one year
19:27:13 before he followed through on the commitment.
19:27:14 Now the question I have, did he go back to the city,
19:27:18 or at any point in their discussion, that this
19:27:21 property would be sold, you know, within that two-year
19:27:24 period of time?
19:27:25 Was the city aware?
19:27:26 Was the city administration aware?
19:27:28 >> He didn't purchase it from the city.
19:27:30 He was the second owner after the city sold it to the

19:27:33 purchaser.
19:27:34 >> I understand that.
19:27:35 But I'm talking about the first buyer.
19:27:39 >>GWEN MILLER: Before ESOL it did he come to the city?
19:27:43 >>> I don't know.
19:27:43 >>JOHN DINGFELDER: Why would he, if he flipped it
19:27:46 from, what, $21,000 to 221,000?
19:27:51 Why would he go talk to the city?
19:27:59 >>THOMAS SCOTT: But the intent of the city of
19:28:00 affordable housing -- and I can tell you was that they
19:28:03 build affordable housing there. That was the intent.
19:28:06 It's very clear in the agreement.
19:28:08 Very clear.
19:28:15 >>> I'm concerned that we may be getting off focus for
19:28:19 what's before us tonight which is an application for a
19:28:21 special use.
19:28:23 >>GWEN MILLER: We'll move on.
19:28:24 >>> Yes, we probably ought to get back to what's
19:28:29 before us.
19:28:30 >>GWEN MILLER: Mr. Grandoff has rebuttal.
19:28:32 >>JOHN DINGFELDER: Let me ask Ms. Wysong a question.
19:28:37 You haven't had a chance to do this title search,

19:28:40 et cetera, et cetera, which we understand.
19:28:41 >>> No, normally we don't do that.
19:28:45 >> Assuming everything that Mr. Grandoff indicated,
19:28:48 and some of the paperwork we have seen so far
19:28:50 indicates it's all true of what it says, that the city
19:28:53 has lost its reverter interest due to lack of
19:28:58 diligence or what have you, which is unfortunate, but
19:29:02 assuming that, then would you say, I guess just
19:29:08 confirm, that there is nothing the city could do, and
19:29:11 that we have to move forward with the rezoning as it's
19:29:15 in front of us?
19:29:16 >>> Yes, that would be my analysis at this point
19:29:18 especially since we are dealing with not the original
19:29:21 purchaser of the lot, but we are now dealing with a
19:29:23 second purchaser of the lot.
19:29:28 This is not even the original purchaser from the city.
19:29:31 So, yes, that would be my conclusion at this point.
19:29:33 >> Does this land sales agreement get recorded with
19:29:38 the deed?
19:29:40 When the city does this type of transaction, do you
19:29:42 know?
19:29:43 Does the land sales agreement get recorded with the

19:29:46 deed?
19:29:47 In other words, if a secondary buyer like Mr. Jacobson
19:29:52 would see it on the title, or is it just hidden with
19:29:56 the city's clause of the documents?
19:29:58 >>> No, I believe it gets recorded as well.
19:30:08 >>JOHN GRANDOFF: To go back to Mrs. Mulhern's
19:30:12 question -- I'll wait for Ms. Mulhern to return.
19:30:17 This is a classic West Tampa project.
19:30:25 Coffee roasting.
19:30:27 Coffee shop.
19:30:29 I have something to show you.
19:30:35 Show and tell.
19:30:38 But this is a classic West Tampa storefront operation.
19:30:43 Unfortunately, we all drive cars now and it needs
19:30:47 parking.
19:30:48 65, 70 years ago you would have walked up to the
19:30:50 store, wouldn't have needed parking.
19:30:53 You can take ALESSI on Howard Avenue and any places
19:30:58 like that.
19:30:59 It is an appropriate use.
19:31:00 It is not a rezoning.
19:31:02 The property will remain residentially zoned.

19:31:04 County only be used for a parking space.
19:31:09 That's all you can do with it.
19:31:10 Now to Ms. Mulhern's question, I have the zoning atlas
19:31:15 from the parking next door that you are asking about.
19:31:18 This project is now up and running.
19:31:45 Lighting is addressed by the code, chapter 27-272.
19:31:49 That is the general provisions for special use
19:31:54 permits.
19:31:55 And I will read from the code on page 1996.
19:31:58 It says, it's an overriding consideration, due
19:32:02 consideration shall be given to the number, size,
19:32:04 character, location, and orientation of proposed
19:32:07 lighting for premises with particular reference to
19:32:10 traffic safety, glare, and compatibility and harmony
19:32:14 with joining nearby property and the character of the
19:32:17 area.
19:32:17 Now how is that enforced?
19:32:20 The site plan engineer is required to prepare a
19:32:23 lighting plan that is reviewed that complies with
19:32:27 27-272.
19:32:28 So they have the authority to require that no glare
19:32:31 come onto the property.

19:32:32 If council would like to put in a further restriction,
19:32:35 we certainly wanted to consider that.
19:32:37 But we have to comply with these standards.
19:32:39 But remember, we have to also balance it with the
19:32:41 criminal prevention standards, which sometimes
19:32:44 encourage more lighting.
19:32:46 So again we are balancing this code provision.
19:32:56 I have nothing further to add.
19:32:58 I would like to ask David to come up.
19:33:00 He would like to prepare a statement he prepared for
19:33:02 you earlier and move through that process.
19:33:09 >>> First I want to make a note that the building is
19:33:12 not zoned for alcohol.
19:33:13 There's no alcohol there.
19:33:15 Second of all, I did meet with Mr. Bob Allen of the
19:33:17 north Hyde Park civic association as well as Wessen
19:33:23 Berger on to us night.
19:33:25 I was lock knocking on doors and lo and behold.
19:33:28 There's no book written on this.
19:33:30 One of the people on Carmen, the neighbors told me
19:33:34 they start add petition and Monday back at it.
19:33:37 I think although a number of my constituents are here

19:33:41 this evening I think the petition speaks for itself.
19:33:46 It's more than 95.5% of the people on that block and
19:33:50 within the area.
19:33:51 And I hit it five days in a row.
19:33:57 Small statement.
19:33:58 Mayor Pam Iorio has a vision for Tampa to be
19:34:01 recognized as a diverse, progressive city.
19:34:03 The City of Tampa is concentrating its efforts
19:34:06 focusing on areas like NOHO, north Hyde Park, to
19:34:09 transform the City of Tampa into a community of
19:34:12 vibrant, residential, business, recreational, social,
19:34:15 and cultural life due to implementation of strategic
19:34:18 economic development plan.
19:34:21 Specifically, focusing on neighborhood development
19:34:23 assets for businesses growth, residential business
19:34:27 areas.
19:34:27 The property located at 525 North Howard Avenue is
19:34:31 just that.
19:34:32 Mayor Iorio believes that by the year 2010, our Tampa
19:34:36 city will have multiple distinct mixed income
19:34:40 neighborhoods recognized as a safe, pedestrian
19:34:43 oriented urban community serving individuals and

19:34:45 families.
19:34:47 Directly across the street from 525 North Howard in
19:34:50 celebrating West Tampa, the Heritage Square at the
19:34:53 armory, has a proposed project tonight.
19:34:55 The armory is dedicated to the details of their
19:34:58 project which will create jobs and provide
19:35:00 opportunities for small businesses which will showcase
19:35:03 the West Tampa history and the cultural arts center.
19:35:08 Last but not least, offers space to artists and
19:35:13 creative industries.
19:35:14 Within walking distance is the baker company general
19:35:17 store.
19:35:17 By creating this no-HO area to Tampa's next diverse
19:35:22 and progressive city it is necessary, say that again,
19:35:25 it is necessary for the growth of businesses and
19:35:27 residential areas which includes the appropriate
19:35:30 designated parking lots.
19:35:33 My proposed tenant, the bay coffee and tea company, is
19:35:39 a shop -- 30 second.
19:35:41 >> Finish that statement.
19:35:42 >> Where residential and business people will enjoy
19:35:45 this local gathering spot by a designated parking

19:35:48 locality as opposed to on-street parking makes a safer
19:35:51 environment for all considered both businesses and
19:35:52 residential in the immediate area with keeping with
19:35:55 Mayor Pam Iorio's vision of growth between residential
19:35:58 and commercial development is necessary to provide
19:36:00 designated parking for commercial development as
19:36:03 requested here at the Tampa City Council rezoning.
19:36:06 Let me just say this.
19:36:07 If I don't get -- to park on the street it will be
19:36:13 Soho.
19:36:14 >> Questions by council members?
19:36:16 >> Move to close.
19:36:17 >> Motion and second to close.
19:36:34 Mr. Shelby wants to make a five-minute recess.
19:36:57 He wants to go over some papers before we make our
19:36:59 decision.
19:37:00 Council will be in recess for five minutes.
19:37:02 >>MARTIN SHELBY: Council, please don't discuss this
19:37:04 amongst yourselves during the recess.
19:37:09 >> We know better.
19:44:47 [Sounding gavel]
19:44:48 >>CHAIRMAN: Tampa City Council is called back to

19:44:49 order.
19:44:49 Roll call.
19:44:53 >>LINDA SAUL-SENA: Here.
19:44:54 >>CHARLIE MIRANDA: Here.
19:44:57 >>THOMAS SCOTT: Here.
19:44:58 >>MARY MULHERN: Here.
19:45:00 >>JOSEPH P. CAETANO: Here.
19:45:01 >>GWEN MILLER: Here.
19:45:02 >>GWEN MILLER: Mr. Shelby.
19:45:04 >>MARTIN SHELBY: Thank you, Madam Chair.
19:45:07 Council, in discussing this and looking over the
19:45:11 documents, I believe it is in all parties' best
19:45:16 interest to not continue this hearing at this point,
19:45:19 to go any further, to continue it and to give the
19:45:22 legal department, the real estate department and the
19:45:25 petition's attorney to opportunity to look into these
19:45:28 issues which have been raised which are pertinent and
19:45:31 Ned to be addressed before this hearing can go forward
19:45:34 and I believe Mr. Grandoff, you concur with that
19:45:37 position.
19:45:37 >>JOHN GRANDOFF: Certainly.
19:45:39 We want to go into our files also.

19:45:41 Whatever is the pleasure of the board as far as the
19:45:44 board is comfortable with us.
19:45:48 >>GWEN MILLER: January '09?
19:45:57 We have to have a year.
19:45:58 >> 30 days.
19:46:05 >>> February 14th.
19:46:08 >> Is that enough time, Mr. Grandoff, for you as well?
19:46:11 >> Let's make that night a little less long.
19:46:15 >> February 28th?
19:46:16 >> Is that a long agenda?
19:46:21 How many of?
19:46:22 >>> There are ten on there now.
19:46:23 We can do 13.
19:46:27 But it's Valentine's day.
19:46:28 >> Will it go in the front of the agenda or the back?
19:46:36 >>> On the 13th.
19:46:39 >> Will it go in the front of the agenda or the back?
19:46:42 >>MARTIN SHELBY: It normally will go to the back.
19:46:44 >> Out of fairness.
19:46:46 >>GWEN MILLER: You say 14th now?
19:46:48 How many do we have on the 14th?
19:46:50 >>> Right now we have ten.

19:46:52 We could have 13.
19:46:53 But if you would like to have it lighter then the
19:46:57 2th.
19:46:58 >>GWEN MILLER: Pleasure of council?
19:47:00 >>JOHN DINGFELDER: I move for the 14th.
19:47:02 >>THOMAS SCOTT: That's Valentine's day.
19:47:05 [ Laughter ]
19:47:24 >>JOHN DINGFELDER: On behalf of all the husbands,
19:47:26 cancel the 14th.
19:47:27 >> I'm sorry, did you say March 13th?
19:47:30 >>> March 13th.
19:47:31 >> So moved.
19:47:33 >> Second.
19:47:36 >>JOHN DINGFELDER: And first on the agenda.
19:47:38 Do you all agree?
19:47:39 >>GWEN MILLER: Make it the first.
19:47:41 Number one.
19:47:43 We need a motion to continue.
19:47:44 >> So move to continue to March 13th first on the
19:47:47 agenda of 2008.
19:47:49 At 6 p.m.
19:47:50 >>CHAIRMAN: March.

19:47:56 Motion and second.
19:47:57 (Motion carried).
19:47:59 >>MARTIN SHELBY:
19:48:01 >>> I want to thank City Council for the privilege of
19:48:06 the recess.
19:48:07 Thank you.
19:48:07 >>GWEN MILLER: You're welcome.
19:48:08 Item number 9.
19:48:10 >> So moved.
19:48:10 >> Second.
19:48:11 (Motion carried)
19:48:55 >>JILL FINNEY: Land Development Coordination.
19:48:57 I have been sworn.
19:48:58 We are here for Z 07-106 located at 606 and 608 south
19:49:05 Tampania Avenue.
19:49:06 This is going from a PD planned development and CI
19:49:09 commercial intensive zoning to a commercial intensive.
19:49:12 It's a Euclidean rezoning request.
19:49:15 Therefore no waivers are permitted.
19:49:16 The petitioner proposes to row zone the property to
19:49:20 commercial intensive in order to restore the original
19:49:23 zoning and allow uses to the site.

19:49:26 The approved PD has an allowable use of four
19:49:29 townhouses.
19:49:30 It has not been built out.
19:49:32 The ZI zoning requires a minimum of 10,000 square feet
19:49:36 and the site contains approximately 16,552 square
19:49:40 feet.
19:49:41 The development must adhere to all City of Tampa land
19:49:44 development regulations at the time of permitting.
19:49:46 The city staff has found it to be consistent.
19:49:50 We do ask that an accurate tree survey be given before
19:49:59 the time of permitting.
19:50:12 Here is the zoning man of the area.
19:50:14 Horatio to the north.
19:50:17 Tampania.
19:50:24 One is a PD.
19:50:25 The other is CI.
19:50:28 It's a minimum lot requirement.
19:50:31 10,000 square feet.
19:50:34 Here is an aerial of the area.
19:50:48 A picture of the site.
19:51:02 >>LINDA SAUL-SENA: It's an existing medical office,
19:51:04 correct?

19:51:04 >>> Yes.
19:51:05 >> But they changed the zoning to a PD for townhouses.
19:51:08 >>> Yes.
19:51:09 >> And now they want to go back to the medical office.
19:51:11 >>> They want to go back to CI, which would allow --
19:51:16 >> A CI category is a very heavy category.
19:51:21 >>> Yes.
19:51:22 >> This area used to be industrial.
19:51:24 But because of Memorial Hospital, it's more to medical
19:51:29 uses primarily except for a lot of townhouse
19:51:32 development.
19:51:32 Wouldn't it be much more appropriate for this to be a
19:51:36 PD for a medical office, rather than a CI which would
19:51:40 allow auto storage and heavy commercial uses?
19:51:45 Residential across the street to the north.
19:51:47 You have got medical surrounding it.
19:51:52 You have got hair salons.
19:51:54 You don't have anything that's heavy commercial.
19:51:59 >>> However, the entire zoning of that directly to the
19:52:01 east, directly to the west, directly to the north, is
19:52:04 all CI zoning.
19:52:05 >> I would say to you, if we were walking in today and

19:52:08 looking at what appropriate zoning is in this area, CI
19:52:12 is not appropriate zoning.
19:52:14 CI reflects the days when it used to be a docking
19:52:20 area, it's all changed.
19:52:23 It's not heavy commercial.
19:52:26 So I was really surprised at this staff recommendation
19:52:31 because it doesn't reflect contemporary reality.
19:52:34 It looks like you looked at the plan and said, oh,
19:52:37 there's a bunch of CI so we'll make it CI but it
19:52:40 doesn't reflect a lot what we voted on recently which
19:52:43 was townhouses, which is a much more contemporary use
19:52:49 in this area, or medical offices, which they want to
19:52:52 do which is perfectly appropriate.
19:52:54 But CI zoning is not -- doesn't reflect the current
19:52:57 uses in this area.
19:52:59 So I was so surprised.
19:53:01 We are not allowed to talk ahead of time so I'm
19:53:04 sharing this with you now.
19:53:06 I don't think this is an appropriate recommendation at
19:53:08 all.
19:53:08 >>> Okay.
19:53:08 I respect that.

19:53:18 Thank you for showing what's there.
19:53:20 >> This is 606.
19:53:21 And the picture with 608.
19:53:24 >> Could you read the use as loud in CI?
19:53:27 >>> Sure.
19:53:32 >> And those are brand new condos to the left.
19:53:37 >>> This is to the north, which is townhouses.
19:53:42 To the south of the site you have a salon.
19:53:46 This is directly across from the site.
19:53:48 A parking lot.
19:53:51 And this is north.
19:53:53 Northwest of the site.
19:53:56 That's the one that generally differs.
19:54:28 Equipment and repair, auto sales, bank,
19:54:38 Catering shops.
19:54:42 Correctional facility.
19:54:44 The crematorium.
19:54:46 It is CI.
19:54:55 Not that they could do any CI use.
19:54:57 >> Without coming before council without any rezoning.
19:55:00 >>> Yes.
19:55:00 >> Would you keep reading them?

19:55:02 >>> Yes.
19:55:03 A laboratory for dental and medical.
19:55:26 Manufacturing.
19:55:27 Nursing convalescent.
19:55:29 Office, business and professional.
19:55:31 Office and medical.
19:55:37 Light printing.
19:55:41 Printing and publishing.
19:55:43 Public service facility.
19:55:45 Public use facility.
19:55:48 Recycling.
19:55:50 Recreation facility.
19:55:52 Research activity.
19:55:53 Restaurant.
19:55:54 Restaurant drive-in.
19:55:55 Retail sales.
19:56:02 Retail sales for garden, lawn shops.
19:56:05 Retail sales for specialty goods.
19:56:08 Upholstery.
19:56:14 Parking.
19:56:14 Residential for office, commercial.
19:56:17 Transportation service facility.

19:56:23 A vehicle repair.
19:56:26 Vehicle repair minor.
19:56:28 Vehicle sales and leasing.
19:56:33 Veterinary office.
19:56:35 Warehouse.
19:56:36 And mini warehouse.
19:56:38 >>LINDA SAUL-SENA: Thank you.
19:56:50 >>> That concludes my presentation.
19:56:52 I'm available if you have any questions.
19:56:53 >>LINDA SAUL-SENA: I do have a question.
19:56:57 Did you consider counseling the petitioner while the
19:57:00 use they propose, I mean, they said they wanted to do
19:57:03 a medical office, would be one that council and the
19:57:05 neighborhood would be really supportive of because
19:57:08 there are a lot of those around there, that perhaps
19:57:10 they should go for a different zoning category?
19:57:13 >>> No.
19:57:14 I can talk to them about potentially doing a PD if
19:57:17 they so desire to do that.
19:57:34 >> Could be a neighborhood commercial.
19:57:37 >>TONY GARCIA: Planning Commission staff.
19:57:40 I have been sworn.

19:57:45 I would like to point out there's two predominant land
19:57:47 use categories for this area we are looking at.
19:57:50 Land is heavy commercial 24.
19:57:52 And this white purple color is median mixed use 35.
19:57:58 To the south of Swann Avenue, you have Parkland
19:58:02 Estates which is residential, to the south.
19:58:05 Then you have suburban mixed use 6 to the east which
19:58:08 basically starts off the Soho area within the
19:58:11 district.
19:58:12 And of course Armenia Avenue over here and Howard
19:58:17 Avenue a little bit further to the east.
19:58:21 As far as the request, to give you a little bit of
19:58:24 history, this proposal came in for a segment of this
19:58:26 property, this upper part over here, came in in the
19:58:32 latter part of 2003.
19:58:34 The request for some town home development was
19:58:37 subsequently approved by this body.
19:58:39 With market conditions the way they are right now, I
19:58:42 would think that would be my guess as to why the
19:58:45 applicant is trying to come in trying to go back to
19:58:47 the original zoning that this property had which was
19:58:50 CI.

19:58:50 The southern part of the property is CI.
19:58:54 The northern part is PD for the town home development.
19:58:58 So they want to revert back to the original CI.
19:59:01 In weighing our determination on the property, we did
19:59:04 look at the existing uses in the area.
19:59:06 The trend for the existing CI zoning districts that
19:59:09 are in the area which could develop by right into
19:59:11 other syntax.
19:59:15 Really use that is would be of significant impacts to
19:59:17 this area would be something like outdoor storage, or
19:59:19 something like heavy automotive repair which is not in
19:59:22 character at all with the South Howard area, and this
19:59:26 area is more fully defined for medical uses and
19:59:30 regular professional office uses which is the
19:59:33 character of the area.
19:59:33 I do not believe that you are going to see uses such
19:59:36 as that wanting to come into this area entering into
19:59:39 this area. This is on Kennedy Boulevard.
19:59:41 You have more of an opportunity to see something like.
19:59:43 That but along this segment of Armenia I don't think
19:59:45 you are going to see something of that nature.
19:59:49 Do you have a question?

19:59:51 >>LINDA SAUL-SENA: Yes.
19:59:52 We when we go through our comprehensive plan update,
19:59:55 will we have the opportunity to rethink the reality of
19:59:57 these versus -- okay.
20:00:00 I just feel like this is an example of a place where
20:00:06 our 35 years ago rezoning doesn't reflect what's there
20:00:10 and the appropriate land uses if you were to go in now
20:00:13 and think about what the appropriate land use is, this
20:00:15 would not be it.
20:00:17 Because this used to be an industrial area.
20:00:24 I'm saying this is an antiquated land use.
20:00:26 >> What is the land?
20:00:30 >>> 24 which is all CI.
20:00:33 >> It's completely from the '50s.
20:00:42 >>MARY MULHERN: It's not on Armenia. It's on tam
20:00:46 pain -- Tampania.
20:00:49 But it's not --
20:00:52 >> One block south.
20:00:53 >> But Armenia is a fairly -- it's not very busy
20:00:56 there.
20:00:56 It's almost like a side street.
20:00:58 But Tampania is a side street.

20:01:01 It's not a place that -- what do we have just north
20:01:08 and south of there?
20:01:09 >> They are all commercial uses.
20:01:13 Light office uses.
20:01:14 Medical office uses on either side.
20:01:16 It kind of blends in to what you are saying about
20:01:18 Tampania being like that, it does not lend itself to
20:01:21 putting any higher impact or higher density type of
20:01:24 uses.
20:01:25 >> But does that make the comp plan allowable?
20:01:30 >>> Zoning allows consideration of whether it be
20:01:33 economically viable for someone to put a use like that
20:01:36 in this area.
20:01:41 >>LINDA SAUL-SENA: I feel like it's our responsibility
20:01:43 to make good land use decisions based on current
20:01:46 reality.
20:01:47 And if we were to give them this kind of intensive
20:01:53 commercial zoning, they would not come back here and
20:01:55 ask for any permission.
20:01:57 They would just do what's allowable under commercial
20:01:59 intensive zoning.
20:02:06 >>TONY GARCIA: Based on the evidence presented to the

20:02:08 Planning Commission, Planning Commission found the
20:02:11 proposed request consistent with the comprehensive
20:02:12 plan.
20:02:13 If you want to have it conditioned, the only way you
20:02:15 can have it conditioned is to go through a PD.
20:02:19 >>CHAIRMAN: Petitioner?
20:02:20 >>> My name is Scott Steegle, I have been sworn, 601
20:02:30 Bayshore Boulevard, suite 700 Tampa, Florida 33606 and
20:02:33 I'm here on behalf of the petitioner.
20:02:38 From everything I had heard from the city and our
20:02:40 recommendations I had received, and given how busy the
20:02:45 council was tonight, I was just going to come up here
20:02:47 and let you ask questions.
20:02:48 I didn't believe that there would be any objection.
20:02:51 We have not heard any objections or any problems from
20:02:53 the community.
20:02:55 I had to provide notice to the community.
20:02:57 This is a property we owned the property below.
20:03:01 The petitioner is Michael Daniels property LLC.
20:03:05 Dr. Quicka who owns the building and has owned the
20:03:09 building, the medical facility.
20:03:14 As you can see right here, the parcel to the south.

20:03:16 We have owned that for awhile.
20:03:25 The parcel that you see here, he acquired that with
20:03:32 the intention with the hope to maintain the facility
20:03:42 within an area we have, currently there.
20:03:45 And as you can see, his building is quite new.
20:03:49 He has no intentions whatsoever of taking that
20:03:51 building down and putting in there auto parts, repair
20:03:54 or anything else.
20:03:55 His intention is in fact to use it for the potential
20:03:57 use of the two parcels together as a medical office,
20:04:01 medical office, office, accessory parking,
20:04:06 potentially, where his medical office is now or
20:04:11 potentially townhouses that is originally planned for
20:04:14 currently.
20:04:15 The office doesn't support that.
20:04:17 Again did he not own that property when it was
20:04:19 converted from CI to PD.
20:04:21 He purchased it, his property was CI.
20:04:24 We originally came to the city and talked to the
20:04:29 zoning department and said what is our possibility?
20:04:30 We want to be able to use these four uses.
20:04:34 And what we received from zoning at that time was

20:04:38 because, you know, there they were surprised we were
20:04:42 in fact a CI, because we were less than 10,000 square
20:04:45 feet and we were going to revert the zoning to the PD
20:04:48 about the CI which is the use it was previously to the
20:04:51 small parcel that we bought.
20:04:53 They said you can't do that.
20:04:54 We figured out it wasn't 10,000 square feet.
20:04:57 And somehow we had been grandfathered in previously.
20:05:00 So the recommendation we received from zoning was to
20:05:02 in fact combine the two parcels and then to take the
20:05:06 two parcels from a PD to a CI which is what we
20:05:09 request.
20:05:09 And again, we asked to be supplemented by zoning, went
20:05:15 forward with the process, did everything we believed
20:05:17 was necessary, got favorable reports back from the
20:05:21 city as to all the departments in the city.
20:05:23 Nobody has any questions, had any marks whatsoever, no
20:05:27 negative community response whatsoever.
20:05:30 We have no desire to do anything with this property.
20:05:32 The reason he really purchased the property, and he
20:05:35 wasn't here tonight because he didn't believe there
20:05:38 was going to be opposition.

20:05:39 Otherwise, he would be very important -- realized
20:05:44 there wouldn't be any consternation.
20:05:47 If it is true in fact obtained that type of character,
20:05:54 as you have been told, it is heavy commercial, that
20:05:57 whole area through there is in fact heavy commercial,
20:05:59 whether the changing realities, or whether there's a
20:06:03 desire to change the character of that community
20:06:05 there, everything I see around them is CI.
20:06:10 There's very few PDs.
20:06:12 This is one of the few PDs.
20:06:14 It's all heavy commercial.
20:06:17 It's all this type of use and I don't believe the use
20:06:21 being requested to CI, especially given these with the
20:06:24 four areas we want and really the only four areas we
20:06:27 are considering, is unreasonable.
20:06:28 I think it's consistent with the neighborhood.
20:06:30 I think it's consistent with the current property use
20:06:34 out there.
20:06:34 And like I said, Dr. Quicka has no intention to do
20:06:41 anything like crematories or auto parts, sales or
20:06:45 anything like that.
20:06:47 >> Mr. Dingfelder?

20:06:49 >>> Thank you, Scott.
20:06:57 If you want to put it up, we can.
20:06:59 But the bottom line is just when you cross, you have
20:07:03 got all PDs.
20:07:05 I will give you -- I will give you the fact that your
20:07:09 immediate block on both sides of Tampania looks like
20:07:12 it survived CI.
20:07:14 But when you say there's no PDs around, we have been
20:07:17 granting for a long time so there are a lot of PDs
20:07:20 there.
20:07:20 >> I was just referring to this specific area.
20:07:22 >>> The immediate block we'll give you.
20:07:24 It's sort of a vestige as Mrs. Saul-Sena pointed out,
20:07:27 sort of a ventage.
20:07:30 But when I look at the zoning code it doesn't appear,
20:07:32 there are several categories.
20:07:34 But the intent -- and we don't count doubt your
20:07:37 client.
20:07:37 The problem is the intent doesn't matter when we grant
20:07:40 a Euclidean zoning, as you know.
20:07:45 Once we grant the Euclidean zoning, the intent, it
20:07:48 doesn't last, because the next person has some

20:07:52 different intent.
20:07:53 So that's why we have to be careful about what we are
20:07:55 doing.
20:07:55 So with that said, why not go with a professional
20:08:02 office category, what is it, OP, or PO category, for
20:08:07 the rezoning?
20:08:09 If the intent is to continue not only his own use as
20:08:12 professional office, but probably the to build out
20:08:14 that adjacent use of somebody else's medical office as
20:08:17 well.
20:08:18 >>> Or to expand his own firm.
20:08:19 >> Whichever one.
20:08:21 >>> Correct.
20:08:22 Like I said, we wasn't went to the city.
20:08:24 >> Putting that aside, where we are tonight, is that a
20:08:28 possibility, you know, something, your client is not
20:08:32 here.
20:08:33 >> Wouldn't have to pay any more money.
20:08:35 >>JOHN DINGFELDER: We could probably look at waving
20:08:38 fees, but it's just I think if that's the intent, and
20:08:42 that's the direction this neighborhood is clearly
20:08:45 going, why don't we all get on the same page and do

20:08:47 it?
20:08:48 Maybe could you just go with the continuance.
20:08:51 >> one recommendation brought up by the city is a
20:08:53 category called CG.
20:08:56 Which would apparently allow, if I understand
20:08:58 correctly, would allow medical office, accessory
20:09:02 parking, and the townhouses, the market would have
20:09:06 picked up again and all those uses would have been
20:09:08 permitted if we would be able to, since we had, in
20:09:11 reliance on this particular plan that we have proposed
20:09:13 in working with the city, combined the two parcels if
20:09:17 we were allowed to simply take back the parcels as
20:09:19 they were, leave the CI the way it is, and that parcel
20:09:21 that we are talking about converting to CI, which was
20:09:24 originally ACI, if we could just bring that parcel and
20:09:27 make it into a CG and that would meet the needs, I
20:09:30 don't think that would be a problem.
20:09:32 >>> Actually, it was under the same issue because the
20:09:36 minimum lot size for the CG is the same as the CI.
20:09:39 There are over 8,000 square feet of the site is
20:09:41 already CI, is already what he's requesting.
20:09:44 So he would not be able to do one parcel, because that

20:09:48 would be the remaining 8,000 square feet,.
20:09:53 >> Why wouldn't you go parcel CG?
20:09:56 >> Because the he already has an existing CI.
20:09:59 >> I know.
20:10:00 >> But he's requesting --
20:10:02 >>MARTIN SHELBY:
20:10:03 >>> Like I said my client is not here.
20:10:05 >> Continue it.
20:10:07 >>> Potentially is a down-zoning from CI.
20:10:12 I can't commit my client to a down-zoning from we
20:10:15 currently has.
20:10:16 >> But personally, I think that would ab reasonable
20:10:20 compromise.
20:10:21 It's still Euclidean zoning.
20:10:22 You have to do site plan.
20:10:23 It's a lesser use.
20:10:25 You don't have all these -- I don't think those heavy
20:10:27 ones that you talked about, Linda.
20:10:29 But I think obviously we can find out here, you need
20:10:31 to go back and check and get a continuance.
20:10:34 >> Is there any way at this point?
20:10:37 Just because we are here now, I understand there's one

20:10:40 last question.
20:10:40 Is there any way to request and go V to go to City
20:10:44 Commission, a waiver of the 10,000 square foot minimum
20:10:47 requirements to get to the 8,000?
20:10:48 >>> No.
20:10:49 Can't waive that.
20:10:50 >> I have just been told no on that.
20:10:52 Then at that point I would, if there would be no more
20:10:55 fees incurred and we could try to work it out for CG
20:10:58 for potentially the whole thing or some other option,
20:11:00 I would go ahead and pursue that.
20:11:02 Again, the use we intend is not to do anything other
20:11:06 than to keep the community as is.
20:11:09 >>> The townhouses would require a special use within
20:11:13 the CG category as well.
20:11:17 Administrative approval.
20:11:19 >>MARTIN SHELBY: Is it the petitioner's request for a
20:11:20 continuance?
20:11:21 >>> Yes, it is.
20:11:22 >>GWEN MILLER: Is there anyone in the public that came
20:11:24 to speak on item 9?
20:11:26 Okay.

20:11:26 Come up and speak, sir.
20:11:32 >>> Brad McCown, 604 south Tampania directly north
20:11:36 and adjacent to the lot, the lot to acquire.
20:11:41 I'm fine to continue operations.
20:11:45 I'm fine with that.
20:11:47 I definitely disagree with anything commercial.
20:11:49 50 years ago it made sense.
20:11:50 It's not across the street warehouses torn down and
20:11:54 now seven condominiums starting at $600,000,
20:11:58 three-story condominiums are under construction and
20:12:01 will be completed probably sometime summer.
20:12:04 So as a homeowner in the area, and I would concur with
20:12:10 CG.
20:12:11 Thank you for your time.
20:12:14 >>CHAIRMAN: We need a motion for continuation.
20:12:16 >> So moved to what date?
20:12:31 >>> We can do it for the 28th of February.
20:12:33 >> So moved.
20:12:34 >> At 6 p.m.?
20:12:38 We have a motion.
20:12:39 Do we have a second?
20:12:40 >>> 28th of February of 08 at 6:00, number one.

20:12:45 >> Second.
20:12:46 (Motion carried).
20:12:47 >>LINDA SAUL-SENA: I would like to request the
20:12:51 Planning Commission.
20:12:52 I don't know what the appropriate way to ask for an
20:12:55 area rezoning is that.
20:12:58 That the Planning Commission do an area rezoning.
20:13:02 Are we doing that?
20:13:03 >>GWEN MILLER: Comp plan.
20:13:05 >> Doing a an update because they don't want to do
20:13:10 anything, in the update.
20:13:12 >> I would like to request the Planning Commission put
20:13:15 this on their list to do an area rezoning of the area
20:13:17 north of Swann, west of Armenia, east of MacDill,
20:13:23 south of Kennedy.
20:13:25 >> Second.
20:13:26 >>GWEN MILLER: Motion and second.
20:13:28 (Motion carried).
20:13:28 >> Study it.
20:13:33 >>LINDA SAUL-SENA: Take a look at it, see what's
20:13:35 there, what's the reality.
20:13:37 >>GWEN MILLER: Need to open number 10.

20:13:40 >> So moved.
20:13:40 >> Second.
20:13:41 (Motion carried)
20:13:51 >>
20:13:57 >>JILL FINNEY: Land Development Coordination.
20:13:58 I have been sworn for petition Z-07-84 located at 2342
20:14:04 west Arch Street.
20:14:06 Going from an RM-16 residential multifamily zoning to
20:14:10 PD planned development with use of residential office,
20:14:13 professional services.
20:14:15 The petitioner wants to rezone the property to allow
20:14:18 for a 1200 square foot office and 240 square feet of
20:14:24 personal services.
20:14:25 The 9,880 square foot site is located within an area
20:14:29 of Tampa that has seen a lot of rezoning activity in
20:14:33 the north and south of Armenia, as well as
20:14:35 sporadically throughout the local community.
20:14:37 Site contains an existing structure that will remain
20:14:40 as part of the PD.
20:14:41 The PD is as follows: In the north it's 22 feet.
20:14:46 The south is 22 feet.
20:14:48 East is 65 feet.

20:14:49 And the west is 7 feet 7 inches.
20:14:53 A maximum building height of 20 feet has been
20:14:55 proposed.
20:14:56 A total of six parking spaces are required and six
20:15:01 parking spaces have been provided.
20:15:03 (Bell sounds).
20:15:04 >>GWEN MILLER: Time up. (Laughter)
20:15:07 Our zoning map actually reflects an incorrect zoning
20:15:22 for the RM-16, not RO.
20:15:27 Armenia to the west.
20:15:31 Howard to the east.
20:15:34 You have the interstate to the north.
20:15:42 Here is an aerial of the local area.
20:15:52 This is the existing structure on the site that was to
20:15:55 remain a part of the request.
20:16:00 This is the adjacent lot a butting the structure.
20:16:11 This is the office that is located to the north.
20:16:15 This is the structure located to the south.
20:16:21 And this is located to the west.
20:16:29 Staff has found this plan to be inconsistent with our
20:16:32 Land Development Code.
20:16:34 The petitioner has agreed to modify the plan for us to

20:16:40 be able to find it consistent with the exception of a
20:16:43 few technical issues that he wishes to go forward
20:16:46 with.
20:16:48 Does revise the block, with the development manager to
20:16:54 correct the waivers from these fund, and please
20:16:58 address outstanding transportation, tree and landscape
20:17:01 issues, agreed to place a note on the plan addressing
20:17:05 the lighting but it will be oriented away from
20:17:08 residential in the area.
20:17:12 Tree and landscaping requests they revise note number
20:17:16 4 to indicate parking spaces within ten feet of the
20:17:19 tree will provide six feet of unobstructed zone and
20:17:22 four feet of pervious surface on grade thereafter.
20:17:26 Transportation is requesting that they request a
20:17:32 waiver to allow two tandem spaces, and to allow the
20:17:36 two tandem spaces from the right-of-way and the
20:17:43 parking provided six spaces including one employee an
20:17:46 existing garage and one parking space and existing
20:17:48 driveway accessing Armenia.
20:17:51 If petitioner agrees to make these revisions the staff
20:17:54 finds this petition to be consistent with our
20:17:56 regulations.

20:17:57 Thank you.
20:17:57 I'm available for questions.
20:18:07 >>TONY GARCIA: Planning Commission staff.
20:18:08 I have been sworn.
20:18:13 >>> There were three predominant land use categories
20:18:15 in this area.
20:18:20 On this side of Armenia we have residential 20, heavy
20:18:24 commercial on Howard, and residential 10 on the west
20:18:28 side.
20:18:29 It's an interesting area as far as character is
20:18:32 concerned because on the west side, West Tampa
20:18:36 historic district, they are outside the enterprise
20:18:38 zone area.
20:18:39 They are not in the neighborhood association.
20:18:41 Not within a neighborhood association area.
20:18:43 These are things that we have gone through and that I
20:18:47 have explained to council at past hearings mainly due
20:18:50 to the fact that there has been interest for parcels
20:18:54 along this side for residential office use.
20:18:57 We do have, as a matter of fact, several residential
20:19:00 office uses on this site.
20:19:01 On this particular site.

20:19:04 We have personal services over here.
20:19:06 We have an attorney's office over here.
20:19:09 The attorney's ingress, egress point, directly
20:19:12 interfaces with subject parcel in question.
20:19:19 As one can see the aerial here, you can obviously see
20:19:24 that there are, on the eastern side of Armenia Avenue,
20:19:28 a variety of residential office or professional office
20:19:32 uses all the way down the west side of the street.
20:19:35 And continues all the way down cypress all the way to
20:19:39 Kennedy Boulevard.
20:19:39 It seems like this particular corridor is going to a
20:19:43 lower intensity type of use with residential office
20:19:47 and professional office use.
20:19:49 That's why the proposed request as we can see for the
20:19:53 areas is consistent with the comprehensive plan.
20:19:57 >>CHAIRMAN: Petitioner.
20:20:05 >> My name is Timothy H. Powell, president of TSP
20:20:12 companies, our address is Post Office Box 1016, Tampa,
20:20:12 Florida, 33601, and yes, I have been sworn in.
20:20:16 I'm the spokesperson tonight for the property owner
20:20:18 Debra Clemmens, owner of the subject property. Mrs.
20:20:21 Clemmens inherited the property approximately a year

20:20:24 ago on the death of her father.
20:20:25 The applicant is requesting a rezoning for the subject
20:20:29 property to planned district for 1,200 square feet of
20:20:33 residential, office, professional land uses and up to
20:20:38 240 square feet of residential land uses all to be
20:20:41 contain within the existing structure.
20:20:43 The subject property is currently occupied by an
20:20:45 existing residential structure that is vacant.
20:20:48 As noted earlier, what we wanted to rezone it for,
20:20:53 it's more like a residential office structure.
20:20:58 The subject property is located on a segment of
20:21:00 Armenia Avenue that has previously allowed several
20:21:03 similar type of zonings which Mr. Garcia just referred
20:21:07 to, for professional offices, specifically property
20:21:11 located immediately to the north.
20:21:12 That's the northeast corner of Armenia and Arch
20:21:16 street.
20:21:16 Based on the existing location of the subject property
20:21:17 the surrounding land uses and its location on this
20:21:20 segment of the transportation network it is my opinion
20:21:24 that a structured dedicate solely to a single-family
20:21:28 residence is no longer sustainable and that the

20:21:30 application for PD site plan zoning allows for a
20:21:33 mixture of residential, professional office and
20:21:36 personal service land uses.
20:21:39 I have basically the same photographs.
20:21:41 I'll go ahead and quickly put them up.
20:21:43 It shows -- the front of the existing structure, it
20:21:53 fronts onto Arch street.
20:21:55 This is the elevation of the existing structure facing
20:21:58 Armenia.
20:22:00 This is the elevation of the that faces to the east,
20:22:04 which will be the future parking lot.
20:22:07 This will be the parking lot between the existing
20:22:10 structure and the residential to the east.
20:22:14 And this is the current lawyer's office that is
20:22:20 immediately to the north.
20:22:21 This access point will be directly across the street
20:22:24 from our access point.
20:22:27 After discussions and negotiation was the various city
20:22:34 departments and the Planning Commission staff since
20:22:36 last August, in attempting to come up with an
20:22:39 accessible site plan that left all the city department
20:22:41 requirements, recognizing that there were significant

20:22:44 site and structural limitations to create problems
20:22:47 with such an adaptive reuse of the property, this
20:22:50 application has addressed most of their comments.
20:22:53 With the exception of three outstanding technical
20:22:56 transportation issues and some site plan notes, that
20:22:58 can be addressed between the first and second reading,
20:23:01 we have been able to address all of the city comments.
20:23:04 In the staff report, staff received consistent
20:23:07 recommendations from the Planning Commission, fire,
20:23:10 stormwater, wastewater, solid waste and parks and
20:23:12 recreation.
20:23:13 We are asking for three waivers to address the
20:23:16 outstanding transportation and land development
20:23:18 issues, one, a waiver of section 27-246-J, and my
20:23:23 client is requesting approval to access Arch street
20:23:26 for the parking lot, based on the existing conditions
20:23:29 this is the only practical physical solution available
20:23:32 to the property since Arch Street is already accessed
20:23:35 by the neighboring professional office located
20:23:37 immediately across Arch Street.
20:23:39 This request is not setting a precedent.
20:23:42 Additionally we have not received any negative

20:23:44 responses from the adjoining property owners on our
20:23:46 street objecting to this request.
20:23:49 Two, a waiver for section 27-130.
20:23:52 My client is requesting to substitute a 6-foot high
20:23:55 PVC fence along the eastern boundary line in lieu of
20:23:59 6-foot masonry wall.
20:24:01 It's my professional opinion that a PVC fence is more
20:24:04 residentially compatible and maintained than a masonry
20:24:08 wall.
20:24:08 Three, a waiver to section 27-246-H-1, my client is
20:24:12 requesting to allow a vehicle that may park in the
20:24:15 existing driveway to back onto Armenia, a physical
20:24:20 circumstance that existed for the last sixty-plus
20:24:23 years.
20:24:23 First and third waiver is listed if approved will
20:24:25 address the three transportation department issues of
20:24:28 concern.
20:24:30 The second waiver addresses the land development
20:24:32 comment about fencing.
20:24:33 The one landscaping comment having to do with having a
20:24:37 clear six-foot unobstructed and four foot impervious
20:24:42 surface between the existing trees and parking spaces

20:24:44 can be addressed to revise site plan notes to be made
20:24:47 between the first and second reading.
20:24:49 As noted in the staff report this rezoning is in
20:24:52 compliance with the city zoning code section 27-321,
20:24:56 purpose provision, items 1 through 9, and since the
20:25:00 zoning is within the West Tampa overlay district, it
20:25:02 must meet criteria set forth under the code, section
20:25:05 27-466.
20:25:08 And staff has reviewed each of these criteria and
20:25:11 found the property either to be compliant with or they
20:25:13 have indicated that the project must meet certain
20:25:16 design criteria, which will be reviewed during the
20:25:18 site development and building permit process.
20:25:21 The Planning Commission staff states that the rezoning
20:25:24 request is consistent with and furthers the intent of
20:25:26 the goals, objectives and policies of the City of
20:25:28 Tampa comprehensive plan as outlined in the report,
20:25:32 including policy B-5.3, policy D-6.1.
20:25:37 The two statements contained within the Planning
20:25:39 Commission's staff report, I think, summarize the
20:25:42 justification for planning this request.
20:25:45 They stated, this particular segment of Armenia has

20:25:49 been steadily transitioning to a low density office
20:25:52 district with several similar rezonings approved in
20:25:55 the area over the last few years, and they state the
20:25:57 request if approved will continue the positive
20:26:00 economic development trend along the business
20:26:03 corridors of Howard and Armenia avenues in West Tampa,
20:26:07 and the conclusion they state the Planning Commission
20:26:09 staff finds rezoning consistent overall with the
20:26:12 provisions of the Tampa comprehensive plan.
20:26:14 In conclusion we prepared a thorough and professional
20:26:17 submittal package in compliance with the city's Land
20:26:19 Development Code requirements, reflected in the staff
20:26:23 comments, and we have noticed the surrounding
20:26:25 neighbors, and I have not received any negative input
20:26:27 from the required notices, and based on the above, I
20:26:30 respectfully request you grant this request for this
20:26:32 rezoning.
20:26:33 And I'm available to answer any questions if you have
20:26:35 them.
20:26:39 >> Thank you, Madam Chair.
20:26:41 I hope my computer is still on tonight.
20:26:45 That residence and just to the west on Nassau, there's

20:26:50 a little attorney's office there, just about three
20:26:52 yourself ago rezoned.
20:26:54 The lady's name is Alvarez, I believe, who is now on
20:26:56 the west side of Armenia, who has a law office there.
20:27:01 And this property a few years ago I don't think had
20:27:08 the enclosed porch.
20:27:09 It was open.
20:27:12 I'm not too sure.
20:27:13 I think at one time that was turned in as a boarding
20:27:15 house years ago.
20:27:17 But that had nothing to do with the zoning.
20:27:20 It's all memory.
20:27:24 >>> You have been around a lot longer than I have.
20:27:28 [ Laughter ]
20:27:29 >> You still got me on one thing that you have more
20:27:33 of.
20:27:36 >>> Just a little bit more.
20:27:39 >> What I'm saying is that the area in and about
20:27:44 Armenia that's in the corner, although that certainly
20:27:48 has an increase in different type of residential
20:27:51 zoning in the past, and I understand what you're
20:27:54 saying.

20:27:55 >>> Thank you very much.
20:27:56 >>LINDA SAUL-SENA: I'm sorry if I missed this.
20:27:59 But did you agree to put up the masonry wall?
20:28:05 >>> No, actually we are asking for a waiver to put up
20:28:07 the PVC fence rather than the wall because my personal
20:28:10 thing is it's more residentially compatible and easier
20:28:13 to maintain.
20:28:17 I have a personal thing against walls because I think
20:28:19 after about three or four years they turn terrible
20:28:22 looking because they are hard to maintain.
20:28:24 PVC fences are being used more and more because you
20:28:26 can do them in colors, you can do them in mat
20:28:29 finishes, et cetera, and to me they are much easier to
20:28:31 maintain especially in a residential community.
20:28:36 >>LINDA SAUL-SENA: The site plan that I am looking at
20:28:38 doesn't indicate what the setback is from the
20:28:42 residential use, the adjacent residential use to your
20:28:46 parking.
20:28:46 >>> To the east?
20:28:47 >> Yes.
20:28:47 >>> It's 22 feet.
20:28:52 Because what we did is we set the parking lot back,

20:28:55 also.
20:29:06 The fence is on the property line.
20:29:07 >>> Then 22 feet from the pavement?
20:29:10 Maybe I'm not looking at this right.
20:29:16 >>> I'm sorry, four feet.
20:29:20 I'm sorry.
20:29:20 >> Isn't it supposed to be more than that, 15 feet
20:29:23 between the commercial use and the residential use?
20:29:25 >>> That's one of the waivers.
20:29:27 >> Oh, because it wasn't listed in the waiver request.
20:29:33 On my site plan.
20:29:50 >>> She just told me it was supposed to be included as
20:29:53 part of 27-130 and if necessary I will go ahead and
20:29:56 amend that.
20:29:58 >> Whose fault was it that this wasn't on our site
20:30:00 report?
20:30:01 >>> To be perfectly honest, I would have to take
20:30:05 responsibility for it to us because I'm the one that
20:30:09 did the site plan.
20:30:12 Just because staff didn't catch it, it's still my
20:30:14 fault.
20:30:15 >> But why are you pushing this parking lot --

20:30:20 >>> it has to do with the trees there.
20:30:22 Again, I was kind of between a rock and a hard place.
20:30:26 There's a tree on the southwest corner of the parking
20:30:28 lot.
20:30:30 That staff even came out and looked at.
20:30:34 48-inch.
20:30:35 That is pushing the parking lot to the east.
20:30:39 >> Because it's so close to the residential use, could
20:30:43 you use a pervious surface rather than hardscape for
20:30:47 your drive aisle?
20:30:51 >>> In other words, some type of pervious concrete you
20:30:54 are talking about, or block?
20:30:56 >> Yes.
20:30:56 What kind of use is going to go in here?
20:30:58 A use to generate a lot of traffic?
20:31:00 >>> No.
20:31:01 It's in essence, we asked for three different uses.
20:31:05 We asked for residential in case someone actually
20:31:07 wants to work/live in the structure, professional
20:31:11 offices, and then personal services.
20:31:15 There's a total of six parking spaces on the whole
20:31:17 site.

20:31:18 So to answer your question, the traffic generation
20:31:22 would probably be extremely low.
20:31:27 So is it possible to do the pervious concrete?
20:31:30 Yes.
20:31:30 I mean, I'm always reluctant because obviously it's a
20:31:33 lot more expensive to do it.
20:31:34 >> But you only have a four-foot waiver.
20:31:38 >>> Right.
20:31:39 And I don't really see any problem with what you're
20:31:41 suggesting.
20:31:42 I mean, from a professional standpoint, yes, it can be
20:31:48 done.
20:31:48 >>GWEN MILLER: You wanted to talk?
20:31:52 >>> Melanie Calloway, transportation.
20:31:55 I just want to tell you that she could maintain the
20:31:58 drive aisle to be paved.
20:31:59 However, the spaces, besides the ADA has to be paved
20:32:02 but the other ones can be turf block.
20:32:05 >> Yes, turf block or pervious.
20:32:09 >>> Turf block actually has a little more --
20:32:14 >> A little more impervious areas.
20:32:21 If that's the desire of council, yes, we can do it.

20:32:23 >> I'm just trying to figure out how to minimize your
20:32:26 impact on the residential.
20:32:31 >>> Well, from a practical standpoint, if you think
20:32:35 about it, we have a six-foot high screen on the east
20:32:37 side.
20:32:38 And we have a four-foot area that's going to be green
20:32:43 space.
20:32:47 Whether you have turf block or whether you have
20:32:49 pervious concrete or whether you have concrete or
20:32:53 asphalt, from a land use compatibility standpoint, I
20:32:59 think it's a very, very minor shade of gray.
20:33:03 At the same time, I don't think it's worth arguing
20:33:07 about.
20:33:09 From my speaker perspective.
20:33:11 >>> According to this site plan, there aren't any
20:33:15 bushes.
20:33:16 According to this site plan, it's a 6-foot high PVC
20:33:20 pipe with vine every ten feet.
20:33:22 >> That's the code.
20:33:23 >>> Well, you did some landscaping that was really --
20:33:30 I'm just worried about protecting the people who live
20:33:32 next door to you.

20:33:33 >> I would actually prefer it.
20:33:36 In other words, we offered -- we sent out the notices,
20:33:39 asking please call us, I'll be more than glad to meet
20:33:42 with them.
20:33:42 We didn't get any responses.
20:33:43 But if in fact, I would really prefer to go the
20:33:46 direction that you just talked about, do a heavier
20:33:49 landscaping than the four foot.
20:33:51 That to me would be a much more desirable thing.
20:33:55 Because I think, one, it softens it up.
20:33:58 It's more residential compatible.
20:34:00 .
20:34:09 >> Do it on the site plan between first and second
20:34:11 reading.
20:34:12 >>> Yes, ma'am.
20:34:12 >>GWEN MILLER: Is there anyone in the public that
20:34:14 wants to speak on item number 10?
20:34:16 >>> Move to close.
20:34:17 >>> Second.
20:34:18 (Motion carried)
20:34:21 >>MARTIN SHELBY: Did you want to have Ms. Karsi recite
20:34:26 the conditions?

20:34:27 >>> Everything that we previously mentioned as on
20:34:31 staff report, including the note for lighting, saying
20:34:36 that it will be oriented away from the residential
20:34:38 portion, and to add to the existing waiver, to include
20:34:42 the reduction of buffer area.
20:34:44 >> And to add that they will do additional landscaping
20:34:49 in the area.
20:34:49 But I would say to staff, that's a serious waiver
20:34:53 oversight.
20:34:54 >>> I'm looking for some type of criteria.
20:34:58 Because again I totally agree with you.
20:35:00 Just trying to figure out some type of -- but we'll go
20:35:03 ahead and work with staff and try to --
20:35:08 >> Beyond the minimum.
20:35:09 Because you're waiving the cost of the masonry wall
20:35:12 which is very significant.
20:35:15 Take the extra money you're saving on the wall.
20:35:17 >>> I think this is a win-win situation.
20:35:20 I think --
20:35:28 >>CHAIRMAN: Close the public hearing -- before we
20:35:32 close the public hearing.
20:35:33 >> I more particularly described in section 1 from

20:35:36 zoning district classification.
20:35:38 RM-16 residential multifamily to PD planned
20:35:40 development residential office.
20:35:43 Personal services, providing an effective date.
20:35:45 And also the motion will include all of the elements
20:35:47 we talked about tonight be included.
20:35:51 >>CHAIRMAN: I have a motion and second.
20:35:52 (Motion carried)
20:35:55 We need to open number 11.
20:35:57 >>> Motion carried with Mulhern being absent at vote.
20:36:00 Second reading and adoption will be on February
20:36:02 7th at 9:30 a.m.
20:36:04 >>CHAIRMAN: We have a motion and second to open the
20:36:06 motion.
20:36:06 (Motion carried)
20:36:08 Mr. Shelby?
20:36:09 >>MARTIN SHELBY: Madam Chair, just a request to ask if
20:36:11 there's anybody who intends to speak that hasn't been
20:36:13 sworn.
20:36:14 Perhaps we can do this now if there's anybody else
20:36:16 that's come in late.
20:36:18 >>GWEN MILLER: We have quite a few that have come in.

20:36:23 Anyone that just came in late, if you have not been
20:36:35 sworn in, would you please stand and raise your right
20:36:37 hand?
20:36:39 .
20:36:42 (Oath administered by Clerk).
20:36:54 >>> They are all open.
20:36:55 This is item number 11.
20:36:58 >> Madam Chair, I just want to, before council
20:37:01 begins -- a reminder to bring to people's attention in
20:37:09 the audience, the petitioner and those who are present
20:37:13 who intend to testify, this morning, it is my
20:37:16 understanding that members of the City Council
20:37:18 received a memorandum from David L. Smith, the city
20:37:22 attorney, relative to this particular petition.
20:37:25 I would like to read a part of it, just to bring to
20:37:30 the public's attention what it says, and that council
20:37:33 is reminded of it.
20:37:35 Mr. Smith says, in part, as you know, once the
20:37:39 rezoning is found to be consistent with the
20:37:40 comprehensive plan, essentially the burden shifts to
20:37:43 obligate the reviewing body to find substantial,
20:37:46 competent evidence for denial, or the request must be

20:37:48 granted.
20:37:49 The uses proposed by a competing losing bidder are not
20:37:53 relevant and would be an improper basis for denial.
20:37:57 Additionally, the economic viability or nature of the
20:38:00 specific hotel chain is not a proper basis for denial.
20:38:05 The rezoning application must be reviewed consistent
20:38:08 with applicable law and Tampa ordinances.
20:38:12 Discussion of proper basis -- excuse me, discussion of
20:38:16 improper basis as part of a zoning review creates the
20:38:20 impression that such an a factor is the basis for the
20:38:24 decision made, we need to avoid that, and that is --
20:38:28 those are the words plaintiff Smith in the memorandum
20:38:30 that you received today, and I'll put that in as part
20:38:32 of the record.
20:38:32 And just as a reminder to council, and to those who
20:38:35 intend to speak tonight, that this is limited to the
20:38:38 issues that council would be taken taking relative to
20:38:41 a rezoning.
20:38:43 >>GWEN MILLER: Thank you.
20:38:51 >>JILL FINNEY: Land Development Coordination.
20:38:53 I have been sworn.
20:38:54 We are here on petition Z-07-105, located at 2316 west

20:38:59 lemon street and 522 North Howard Avenue.
20:39:03 Going from an RM-16 residential multifamily zoning
20:39:06 district to a PD planned development with the proposed
20:39:10 uses of residential office, certifications, hotel and
20:39:17 retail.
20:39:17 The petitioner proposes to rezone the property to
20:39:20 allow for a mixed use development.
20:39:22 The request for the rezoning consists of six
20:39:25 structures allowing for 28,083 square feet of office,
20:39:25 96,064 square feet of specialty retail, 330 hotel
20:39:32 rooms, and 2,840 for public cultural use.
20:39:39 30,000 square feet of recreational spa and 7,500
20:39:44 square feet of restaurant use.
20:39:46 And I do want to stress that residential is not being
20:39:49 proposed.
20:39:50 The 10.3-acre site has historical and cultural
20:39:53 significance, as the Fort Homer Hesterly armory
20:39:57 building has been designated a local landmark, the
20:40:03 exhisiting armory building and cultural center
20:40:05 building will remain as part of the proposed PD but
20:40:07 four proposed and two existing structures will be
20:40:09 oriented around a center square consisting of

20:40:12 fountains and approximately 83,000 square feet of open
20:40:16 space.
20:40:17 The PD setbacks are as follows.
20:40:19 To the north, zero.
20:40:20 To the south, one foot.
20:40:22 To the east, ten feet.
20:40:23 To the west, five feet.
20:40:25 A maximum building height of 90 feet has been
20:40:27 proposed.
20:40:27 A total of 764 parking spaces are required and 785
20:40:33 spaces are being provided to include 488 spaces.
20:40:43 Here is a zoning map of the local area.
20:40:52 We have Armenia to the west, Howard to the east, lemon
20:40:55 to the north and Gray to the south.
20:41:02 Here is an aerial.
20:41:06 Rezoning that came earlier tonight.
20:41:08 Here is a photo of the existing building that is to
20:41:23 remain.
20:41:25 Another photo of that.
20:41:28 And going around the site to the north side.
20:41:34 And this structure will remain as the cultural center.
20:41:55 This is the east.

20:41:56 This is the south.
20:42:01 And this is to the southwest.
20:42:12 This is going around the perimeter.
20:42:23 And we have the cigar factory located just one block
20:42:25 to the north of the site.
20:42:34 City staff at this point finds the petition to be
20:42:37 inconsistent.
20:42:38 However, the petitioners have agreed with met
20:42:42 extensively with them and they have agreed to meet all
20:42:44 of our standards with the exception of one,
20:42:46 transportation technical standard, accessing Gray
20:42:48 Street.
20:42:51 I have a list that I would like to enter into the
20:42:57 record, changes that occur between first and second
20:43:01 reading
20:43:21 I could go through each one of those individually or I
20:43:23 have a few extra copies if would you like to review
20:43:26 the changes to occur. That concludes my presentation.
20:43:30 I'm available for questions if you have any.
20:43:33 >>TONY GARCIA: Planning Commission staff.
20:43:49 I have been sworn.
20:43:50 Land use map over here that correctly shows the land

20:44:04 use designation so I have to point out first of all,
20:44:10 community mixed use 35.
20:44:13 These are the two predominant land use categories on
20:44:16 this particular segment of Howard Avenue.
20:44:18 This red color, and this fellow, which is the
20:44:24 community mixed use 35.
20:44:26 This particular has transitioned to a low density
20:44:31 office district, CMU 35.
20:44:36 The armory site was successful in coming in or
20:44:38 applying for, future land use change from to community
20:44:42 mixed use 35 which was approved not too long ago.
20:44:45 That being said now, what you have before you tonight
20:44:47 is mixed use project, the details of which Mrs. Karsi
20:44:54 went into it, that I will not elaborate on,
20:44:57 considering we are going to have quite a few people, I
20:44:59 believe, commenting on this site.
20:45:01 Only other thing I would like to comment on regarding
20:45:03 this site is its strategic location in the area, for
20:45:09 example, close proximity to the interstate to the
20:45:11 north, proximity to Kennedy Boulevard, a major
20:45:14 arterial to the south, both direct gateways to
20:45:18 commercial districts and business districts within the

20:45:20 City of Tampa, the downtown core, also to the
20:45:24 Westshore district, and this particular site is
20:45:27 bookended by two major arterials, Howard and Armenia,
20:45:31 located on the edge of the north Hyde Park
20:45:32 neighborhood association, just on the on the western
20:45:36 periphery of it, and is locate located just to the
20:45:39 southern tip of the historic West Tampa neighborhood
20:45:41 area.
20:45:43 The armory has a storied history and I'm sure many of
20:45:46 us are familiar, living in Tampa for a number of years
20:45:50 as far as its history as far as the type of
20:45:53 celebrities and political figures and leaders that
20:45:55 have graced its halls over the last few decades.
20:46:02 What is significant for this particular area in
20:46:04 general is in the north Hyde Park area to the east, we
20:46:06 also have seen that significant trend of approximately
20:46:10 20 acres from the CMU 35 change to the land use
20:46:13 category.
20:46:13 So we are seeing a significant change on the eastern
20:46:17 side of the armory, to the western side over here it's
20:46:21 pretty much going to be residential, to the west side,
20:46:25 you are seeing a significant transition as one goes

20:46:28 closer to the downtown core.
20:46:31 There is nothing significant that I can show you on
20:46:39 the aerial, because the one significant thing would be
20:46:45 the armory, and all this is going to be such a
20:46:49 catalyst for the area as far as mixed use project
20:46:51 coming in and providing an impetus for mixed uses
20:46:58 within the area.
20:47:00 If approved, the request provides a great opportunity
20:47:03 to reuse a well-known landmark and entertainment
20:47:06 business and towards the area's historical sense of
20:47:13 placement.
20:47:13 Planning Commission staff finds it consistent with the
20:47:16 comprehensive plan.
20:47:17 >> Petitioner.
20:47:22 >>> Gordon Schiff, Schiff law group, 1211 Westshore
20:47:29 Boulevard, 34001 Tampa and I have been sworn here
20:47:34 tonight representing this application for a PD zoning
20:47:36 district for Heritage Square, the armory.
20:47:38 With me tonight, Michael English, AICP, of Wilson
20:47:43 Miller, who are the planners and engineers with
20:47:46 respect to this project.
20:47:48 Also Stephani Gaines, AIA, is with me tonight, with

20:47:53 Curt Gaines hall Jones, the architects on the project,
20:47:56 and Mr. Thomas Marler, the CEO of Heritage Square LLC
20:48:00 is also here tonight.
20:48:01 I also should mention that Mark Bentley, the attorney
20:48:04 for the department of military affairs, armory board
20:48:07 of the State of Florida, is present, if you have any
20:48:10 questions for him tonight.
20:48:13 We are pleased to be before you tonight.
20:48:15 Heritage Square, as you may see from the application
20:48:19 materials, is a mixed use project.
20:48:22 This will, we believe, this will be a community focal
20:48:26 point for West Tampa and north Hyde Park.
20:48:30 And we have taken great care and planning this project
20:48:33 to provide substantial open and public spaces, and
20:48:38 components which reflect a rich heritage of West Tampa
20:48:41 and north Hyde Park.
20:48:42 One of our principals, Intelident solutions, has
20:48:47 already demonstrated such a commitment to West Tampa
20:48:49 and the city in restoring the historic cigar factory
20:48:55 for its headquarters several blocks to the north.
20:48:57 We have received positive recommendations, and there
20:48:59 are detailed staff reports in your materials.

20:49:01 But there are positive recommendations from West Tampa
20:49:04 overlay committee, and north Hyde Park civic
20:49:08 association and others, and your City of Tampa
20:49:11 architectural review commission has recommended
20:49:13 approval.
20:49:15 We have a detailed report from your Planning
20:49:17 Commission finding that this PD site plan is
20:49:19 consistent with your comprehensive plan.
20:49:22 We also have demonstrated in the materials submitted
20:49:25 to the staff and those that they submitted to you
20:49:27 tonight that this application addressed and complies
20:49:31 with all City of Tampa applicable codes and
20:49:33 regulations and staff requests.
20:49:36 With that, we want to provide a further overview of
20:49:39 our application for you.
20:49:42 And of course we will reserve the opportunity for
20:49:43 rebuttal.
20:49:44 At this point I will introduce Michael English to go
20:49:47 through a short presentation for you, and we also do
20:49:49 have a PowerPoint and some slides.
20:49:57 >>> Michael English, Wilson Miller, 2205 north
20:50:00 20th street.

20:50:02 And I have been sworn in.
20:50:03 Thank you.
20:50:16 I'm Gordon was your previous speaker.
20:50:18 I'm your new spear.
20:50:20 I think you will hear a recurring theme.
20:50:25 For the Homer armory is centrally located and large
20:50:30 enough to become a really important community activity
20:50:32 center.
20:50:32 It is in fact what I think Mr. Miranda might describe
20:50:36 as the potential to become a true urban village.
20:50:46 This before you is offering the opportunity for a
20:50:49 number of property components that are very unusual.
20:50:54 And from my perspective a proposal that I very rarely
20:50:58 have been able to be associated with in my career.
20:51:00 It's a very unusual and very well-rounded and very
20:51:04 synergistic proposal, and one that I think will bring
20:51:07 great joy and pleasure to the neighborhood over the
20:51:09 years.
20:51:11 The future land use map, we went ahead and got a step
20:51:16 on Mr. Garcia and changed the land use to what it's
20:51:19 just become, which is CMU 35.
20:51:21 That is a planned category intended to energize areas

20:51:26 with mixed use activity.
20:51:28 In this case we are putting a lot of things on this
20:51:30 property other than residential.
20:51:33 Think that the residential development already
20:51:34 underway in West Tampa is organic, all being done by
20:51:39 creative and entrepreneurial people and we didn't want
20:51:42 to get in the way of that activity.
20:51:51 We couldn't find a policy to do with urban
20:51:56 development, so we think that it meets every standard
20:52:00 and every task for its consistency with the
20:52:02 comprehensive plan.
20:52:04 We also think that it's a good model for a competent,
20:52:10 well-rounded redevelopment should be, you know,
20:52:12 community as we move forward in the 21st century.
20:52:15 We also will point out to you a number of times this
20:52:21 even the contributions this is making to the community
20:52:23 which very few do.
20:52:25 You will hear about the preservation of a beautiful,
20:52:27 very important historic building, where we are
20:52:29 proposing land uses which will encourage people to
20:52:31 come on a regular basis and talk and meet and eat and
20:52:35 sell and buy goods and services are what really make

20:52:39 our world go around.
20:52:40 We are going to restore public park that existed once
20:52:44 there and we are going to leave almost 40% of this
20:52:49 site in permanent open space, and we are going to
20:52:51 build a beautiful hotel and spa which will draw new
20:52:54 people every day.
20:52:56 Every day someone that hasn't been there is going to
20:52:59 come and walk around and go to the market and use the
20:53:02 spa and enjoy the community.
20:53:03 And that is exactly why it is such an important
20:53:06 proposal for the community.
20:53:09 The zoning is pretty consistent outside of the
20:53:11 commercial core.
20:53:12 We think that we think we are meeting the spirit and
20:53:18 the nature and goals of a PD.
20:53:20 It is a unique project.
20:53:22 It is a synergistic use of land uses, a detailed
20:53:25 master plan as you will see with a lot of important
20:53:27 and ingrated moving parts and we think it makes again
20:53:30 very special contributions to the community.
20:53:33 This is a site plan that's going to Stephani is going
20:53:37 to show you again in a few minutes, simply shows you

20:53:39 how compatible the uses are with each other, how
20:53:42 everything is oriented, so that pedestrians can come
20:53:45 and go and walk to the site, access everything on the
20:53:47 site.
20:53:48 It's a great public space in the middle.
20:53:50 It's going to be a wonderful and important meeting
20:53:52 place for the community, meeting place for conferences
20:53:57 and meeting place for the community, doing community
20:54:02 events.
20:54:04 I think I would like to suggest that we move on to
20:54:07 Stephani, and I will be happy to answer any questions
20:54:09 you might have later.
20:54:10 Thank you.
20:54:16 >>> Stephani Gaines, architects.
20:54:20 I have been sworn.
20:54:24 To stay within our 15 minutes, I have about 5 minutes
20:54:26 to fully describe in great detail a very unique and
20:54:30 special project.
20:54:31 So we'll have to move very quickly.
20:54:33 We have about 12 images of the property to show you,
20:54:37 but we also brought many more that we can use to
20:54:40 assist in answering questions.

20:54:42 The goal of Heritage Square is to create a vibrant
20:54:45 public gathering area with easy access for the entire
20:54:49 community.
20:54:49 The design reinvolves around a centrally located
20:54:53 public park, over two acres in size and named George
20:54:59 Melton Benjamin park after the original owner who
20:55:03 donated the land to the city for use of a public park
20:55:07 prior to the National Guard ownership.
20:55:10 Several buildings encircle the park in a campus style
20:55:13 arrangement.
20:55:13 And we want to improve those in site plans first
20:55:16 before we show you images.
20:55:18 The four primary buildings on the property are the
20:55:22 armory building to the south, the green block that you
20:55:25 see on that south drawing -- I mean on that drawing to
20:55:29 the south.
20:55:30 That will be market square and will incorporate
20:55:33 specialty retail, small cafes and restaurants, and a
20:55:39 farmer's market located on the south side, and
20:55:42 additionally artist studios on the second floor.
20:55:45 The business center is a building that you see in the
20:55:49 middle of the page on the left which is central access

20:55:54 with the park, and addresses Armenia.
20:55:57 That will have retail on the ground floor, offices
20:56:00 above, and above spa above the two levels of offices.
20:56:05 The hotel severe is a building you see in light blue
20:56:09 and green in the upper left corner.
20:56:11 That is offset to the corner of lemon and Armenia.
20:56:15 And will have hotel services and retail and restaurant
20:56:19 on the ground floor, with the additional 330 hotel
20:56:26 swats that are located above, overlooking the park.
20:56:28 And then the smaller blue area that you see on the
20:56:31 right-hand side is the existing two-story brick annex
20:56:37 building that we'll use as our cultural center and it
20:56:40 will be available to the community for all sorts of
20:56:42 functions.
20:56:43 To support those four main buildings, there are two
20:56:46 additional buildings shown, one on the south, on the
20:56:49 left lower left corner, and one on the north sort of
20:56:53 in the middle.
20:56:53 Those are both parking facilities.
20:56:55 The green area indicates that those parking facilities
20:56:58 will be wrapped in retail at the ground levels, to
20:57:01 conceal the fact that they are parking.

20:57:03 And as you can see, they are detached from each other
20:57:12 and especially from the armory.
20:57:13 Vehicular circulation, it was important to us that we
20:57:16 kept the park as fully pedestrian space and enjoyable
20:57:21 environment, so there are no streets shown bisecting
20:57:25 the property.
20:57:25 We have our primary entry on Howard Avenue, which you
20:57:30 can see there in a little loop drop-off.
20:57:32 We have a few spots, temporary parking spots there.
20:57:36 And then along Armenia our main entrance to our hotel
20:57:39 is there on the north end.
20:57:40 And about a third of the way down is the entry to the
20:57:44 parking facility there.
20:57:47 As you know, the armory itself was decently designated
20:57:53 as a local historic landmark and so is the property
20:57:55 surrounding the armory.
20:57:57 So both the rehabilitation of that building and new
20:57:59 construction within that designated area will fall
20:58:04 under the purview of the ARC, which we went through
20:58:08 this process in December and received both staff and
20:58:10 commission recommendations.
20:58:16 We are going to run through the buildings, the various

20:58:20 buildings, starting with the armory.
20:58:22 Now the armory.
20:58:23 The armory is in pretty good condition, historic
20:58:26 condition.
20:58:27 What is mainly missing here is that its grand setting
20:58:32 on Howard has kind of gone away with the widening of
20:58:35 Howard, overgrown trees, and some barricades have been
20:58:39 placed up.
20:58:39 You have seen the rendering.
20:58:40 We intend to not only renovate the exterior and
20:58:43 interior but to recreate that majestic setting.
20:58:47 Cleaning up the landscaping, rebuilding the monument.
20:58:50 The interior of the armory, this shows the accessible
20:58:55 market feel that we want, wide open spaces, with the
20:58:58 art studios overlooking the retail below.
20:59:02 A couple of detail shops, the farmer's market on the
20:59:05 south side of the project, and the parkside outdoor
20:59:08 patios on the north side facing the park.
20:59:11 The ARC requires that we use models for our new
20:59:15 construction, historic models.
20:59:17 These are social clubs, and cigar factories in the
20:59:19 area.

20:59:21 This is a rendering of the parking structure.
20:59:23 And you can see that the use of retail on the ground
20:59:26 floor as well as many other architectural details will
20:59:30 camouflage the parking area.
20:59:35 The center building, the business center, spa, use it
20:59:40 is social clubs, more formal types of building form to
20:59:45 model.
20:59:46 And we have provided a pedestrian gateway in the
20:59:49 center of the building which will link George Nelson
20:59:53 Benjamin park with the VILLA brothers park immediately
20:59:57 across the street of Armenia you see in the
20:59:59 foreground.
21:00:00 Hotel Seville a, we mentioned hotel and restaurants on
21:00:03 the ground floor, and 300-plus hotel suites, with
21:00:07 outdoor, wonderful outdoor cafes as well.
21:00:14 This is the annex building which will be used for our
21:00:17 cultural arts center.
21:00:18 And overview of the park as it relates to the armory
21:00:22 begins to show you some of the variety of spaces that
21:00:24 we plan for the park.
21:00:25 Some wide open spaces for football, some smaller areas
21:00:31 for picnics.

21:00:32 Then the overview of the project shows the integration
21:00:34 of all of the buildings into the whole that makes the
21:00:37 Heritage Square at the armory.
21:00:40 With that I would like to turn over the presentation
21:00:42 to Tom Marler, CEO of Heritage Square.
21:00:48 >>> Thank you, Stephani.
21:00:50 My name is Tom Marler, the chief executive officer of
21:00:54 Intelident Solutions and also Heritage Square and I
21:00:57 have been sworn in.
21:00:58 I will just take a moment this evening to share some
21:01:00 of the more qualitative aspects of what this zoning
21:01:03 change, if you a profit, will permit.
21:01:05 When we first set out to develop our response to the
21:01:09 RFP we developed as our goal a number of benefits we
21:01:12 want to provide to the community.
21:01:13 We are very proud that Heritage Square accomplishes
21:01:17 all of the original objectives we set out.
21:01:19 As you have already seen here, the associated annex
21:01:23 building will be brought back to life, not only
21:01:25 historic property, historic landmarks, but also
21:01:30 facilities with entire new relevance.
21:01:44 As you already heard we set aside a substantial

21:01:46 portion, landscaped, green space, a Lough to us bring
21:01:49 back to West Tampa the George Benjamin park for the
21:01:51 first time in more than 07 years.
21:01:53 We know that a number of individuals and groups have
21:01:56 played a key role in the development of West Tampa
21:01:59 over the years.
21:02:00 So we have been to all of these contributions both in
21:02:02 the development and the realization of Heritage
21:02:03 Square.
21:02:05 And as you preferred and read no doubt, Heritage
21:02:08 Square will present a significant impact to the West
21:02:11 Tampa community and to Tampa generally.
21:02:13 And we estimate more than 2,000 jobs, more than $250
21:02:17 million of annual impact coming from this development.
21:02:20 And the forces will bring a number of new amenities to
21:02:23 Tampa.
21:02:26 Farmers market, luxury hotel, rich in jobs and
21:02:29 services, unique artisans community and a much, much
21:02:32 needed community center.
21:02:34 In balance, what we intend to bring to Tampa with the
21:02:38 rich mix of uses that will be genuinely unique
21:02:41 anywhere in Florida.

21:02:43 The light is red D.my time expire?
21:02:46 I will keep going.
21:02:49 [ Laughter ]
21:02:51 In order to make all of this happen we assembled what
21:02:53 we believe to be a top-notch team.
21:02:55 (Bell sounds).
21:02:57 >> We can read it.
21:03:00 >> How much more do you have?
21:03:01 >>> I have about -- about 90 seconds.
21:03:05 >> Move to waive the rules.
21:03:09 >>> 90 second.
21:03:12 >> Motion and second to waive.
21:03:14 (Motion carried).
21:03:15 >>> Thank you.
21:03:17 As I said, I believe we have assembled a top notch
21:03:20 team.
21:03:20 Development team, some of whom we have seen here
21:03:22 tonight, are what we believe the best of Tampa and
21:03:24 much of the southeast has to offer.
21:03:27 One of the things we haven't talked about is ownership
21:03:30 group.
21:03:30 And Heritage Square is owned predominantly by

21:03:33 Intelident solutions.
21:03:34 Intelident solutions, a company that has served Tampa
21:03:38 residents the last 15 years.
21:03:41 From a single office and five employees in 1992, coast
21:03:44 has grown to now becoming multi-state company with
21:03:47 almost 1200 employees.
21:03:51 In the course of our 15 years of existence we have
21:03:54 discovered that one in 12 Floridians has received care
21:03:57 in a coast dental center.
21:03:59 There are a few Tampa-based companies, we believe,
21:04:01 that have grown as quickly and successfully as our
21:04:04 company.
21:04:06 We are accustomed, the commerce, as such believe that
21:04:12 we can deliver Heritage Square in a fashion, the Tampa
21:04:15 community.
21:04:16 We also know how to build businesses out of what we
21:04:18 do, and Heritage Square will be a success.
21:04:21 Also, as you have seen here tonight, we are committed
21:04:24 to historic preservation, not only Heritage Square but
21:04:27 Intelident, you know, and you approved it, we are
21:04:29 engaged in the restoration of the cigar factory, to
21:04:33 become our new corporate headquarters.

21:04:35 We requested that you approve voluntary -- historic
21:04:39 landmark designation for the property.
21:04:42 The commitment that we would bring to Heritage Square,
21:04:45 to the armory, to the restoration of the property.
21:04:47 And finally, I must say that we have been gratified by
21:04:50 the level of support that we received.
21:04:52 And we will continue to move forward to honor that
21:04:57 support.
21:04:58 Thank you very much for your consideration tonight.
21:05:02 >>> Thank you for the opportunity to present.
21:05:04 At this time we would like to reserve the remainder of
21:05:07 our time for rebuttal.
21:05:09 >> Is there anyone in the public that would like to
21:05:11 speak on item number 11?
21:05:14 If you are going to speak, those for to my left, those
21:05:18 against to my right.
21:05:20 Against over to my right.
21:05:23 For to my left.
21:05:25 If you are against the property go to my right.
21:05:28 We are going to rotate.
21:05:31 You may start first, sir.
21:05:37 I again if you can remember please reaffirm that you

21:05:40 were sworn in.
21:05:41 >>I was sworn in.
21:05:41 Nice to see City Council.
21:05:44 I remember my Planning Commission days, and being up
21:05:47 there and listening for two or three hours and I
21:05:52 empathize with all of you.
21:05:53 Heavy lifting.
21:05:54 My name is bill Henry.
21:05:56 I'm with the reliant development.
21:05:58 I represent them.
21:06:00 And I guess according to the attorney we are one of
21:06:03 the proposers that didn't succeed.
21:06:05 I find that peculiar because I see a lot of people
21:06:07 here with pins and buttons and things of that nature
21:06:11 acting as though they are competing still, so forth
21:06:14 and so on and it's interesting that you have not
21:06:16 necessarily been a part of this process of selection.
21:06:20 And I think you really ought to be.
21:06:22 Because councilman Dingfelder said earlier, being
21:06:27 careful about these reverter clauses is important.
21:06:29 Now, I think that the site plan is a very important
21:06:32 aspect to this entire project.

21:06:35 And I congratulate Heritage Square.
21:06:37 It's a beautiful site plan.
21:06:38 I think it's wonderful.
21:06:39 By the way, I needed to give you this waiver.
21:06:42 There's two speakers.
21:06:45 >>> Could you pause his time, please?
21:06:50 Again, if you have a speaker waivers form, please give
21:06:52 it to me up front.
21:06:54 The Roshelle barber here?
21:06:57 Thank you.
21:06:57 Matt Henry?
21:06:59 Thank you.
21:06:59 Two additional minutes.
21:07:02 How many minutes remain, do you recall?
21:07:04 A total of three minutes from this point forward.
21:07:08 Thank you.
21:07:08 >> How many?
21:07:09 >>> A total of three minutes remain from this point
21:07:12 forward.
21:07:12 >> Thank you.
21:07:15 The development has demonstrated it has demonstrated
21:07:18 financial commitments, letters of intent to operate

21:07:20 the armory as a full service YMCA, and ice sports
21:07:25 facility as well.
21:07:26 This is the only city that has an NHL National Hockey
21:07:30 League franchise that doesn't have a city rank.
21:07:34 There's a giant constituency of people who are not
21:07:37 represented here tonight.
21:07:41 A lot of the parents and kids who are looking for a
21:07:44 place to skate, there's a giant community of folks out
21:07:47 there who have not been represented in this process.
21:07:51 And I think they should be.
21:07:53 Furthermore, with all due respect to the type of
21:07:56 speculative housing that's being developed in the
21:07:58 vicinity, it's not workforce housing.
21:08:01 It's not addressing the needs of firemen, nurses and
21:08:05 so forth.
21:08:06 As we know there's a glaring need in this community.
21:08:08 Maybe our proposal is not as glamorous as Heritage
21:08:10 Square.
21:08:13 But it's fundamentally sound.
21:08:15 And that's, I think, the difference.
21:08:18 Part of the selection procedure was supposed to be
21:08:21 financial viability and economic viability.

21:08:24 Now they are proposing, and say it over and over
21:08:27 again, a five star hotel that's key and core to their
21:08:30 proposal.
21:08:31 And I know something about hospitality, because I was
21:08:33 in the business for 25 years.
21:08:35 And had a lot to do with Peachtree center design, very
21:08:41 marqueian, New York, and San Francisco.
21:08:46 The newspaper today calls it a five-star hotel and
21:08:49 it's core to their proposal.
21:08:53 Ladies and gentlemen and members of City Council,
21:08:56 there are only nine five star hotels in the State of
21:09:00 Florida, six of which are Ritz Carltons.
21:09:04 The breakers and four seasons in Miami, and then
21:09:07 there's Ritz Carltons in other places of the state.
21:09:11 You are probably familiar were the one in Sarasota.
21:09:13 A definition of a five star hotel is an exceptionally
21:09:16 distinctive luxury environment offering expanded
21:09:20 amenities, consistently superlative service, make
21:09:24 these hotels the best in the United States.
21:09:28 I want you to remember what you saw with that
21:09:30 surrounding use.
21:09:31 I want you to ask yourself, is this really a five star

21:09:36 hotel site?
21:09:37 Because I'm puzzled.
21:09:38 I have been in this industry for years.
21:09:40 I have the comparable experience.
21:09:42 And I don't know whether these folks have ever done
21:09:44 this before.
21:09:45 I wonder.
21:09:47 The reverter clause is key.
21:09:49 The site plan approval, if it's site specific, I think
21:09:54 it's a very germane fact, because if it's site plan
21:09:57 specific, and precludes potential other uses, then I
21:10:02 think we have an issue here.
21:10:03 I'm not against the PD zoning.
21:10:06 As a matter of fact, I think it's a good idea that it
21:10:08 happened and I'm glad that it has been taken up.
21:10:12 There's been a lot of talk about how much money has
21:10:14 been spent.
21:10:15 But I'm sorry, that's risk money.
21:10:17 Every developer knows that.
21:10:18 There's been talk about, you know, it's a done deal,
21:10:23 the contract has been signed.
21:10:24 But shouldn't you be part of this process, really?

21:10:28 Shouldn't you be doing the due diligence?
21:10:30 And I had to listen to the previous applicant and some
21:10:34 remorse over the fact that this city didn't do due
21:10:38 diligence and ensure that what was bargained for--was
21:10:44 executed and that's the concern.
21:10:45 That was supposed to be part of the process.
21:10:49 (Bell sounds).
21:10:49 And it wasn't.
21:10:50 So I ask you, please take it up.
21:10:53 Take it up separately as a workshop.
21:10:56 But don't let this thing keep going down the road
21:10:59 without doing your due diligence.
21:11:01 Because in the end, it will be your responsibility,
21:11:04 and it will be on your watch.
21:11:06 Thank you.
21:11:06 >>GWEN MILLER: Thank you.
21:11:06 >>THOMAS SCOTT: Madam Chair, before we move forward
21:11:11 with the next speaker, I need for the city attorney
21:11:14 again to reestablish for us, Mr. Henry has laid out
21:11:17 all the other issues which the city attorney has said
21:11:21 that is not for our purview tonight so the issue for
21:11:25 us tonight is the zoning category, zoning issue.

21:11:28 All those other zonings raised cannot be considered
21:11:31 tonight.
21:11:31 Is that accurate?
21:11:32 >>> The reverter is not before you tonight.
21:11:34 And if it's to be considered in the context as you
21:11:37 would a rezoning with the criteria that would you
21:11:39 apply to a rezoning.
21:11:42 >>> That's correct.
21:11:42 Mr. Shelby is correct.
21:11:45 Look at this solely from your chapter 27, rezoning
21:11:48 criteria.
21:11:49 You are not to look at who the developer might be,
21:11:53 reverter interest, anything like that.
21:11:56 It's not relevant for tonight's consideration.
21:11:58 In fact, any discussion of that would be -- would
21:12:04 muddy the water.
21:12:05 >>THOMAS SCOTT: I wanted to have that restated because
21:12:10 at the end of the day I want everybody to understand.
21:12:12 I'm a straight shooter, okay?
21:12:14 And that's just me.
21:12:17 And I want us to focus on what the real issue S.we can
21:12:20 take up all the other issues at another time.

21:12:23 What the real issue is, the zoning issue that is
21:12:27 before us.
21:12:27 Secondly, I want to point out, and everybody knows I'm
21:12:31 a strong advocate for affordable housing but the issue
21:12:34 tonight is the zoning issue.
21:12:35 Now, those that are speaking tonight, let me know if
21:12:43 you are a resident in the area or you are a business
21:12:45 owner.
21:12:48 I would like to know that information.
21:12:49 Thank you.
21:12:54 >>MARY MULHERN: I just wanted to have this discussion
21:12:56 earlier with our attorney.
21:13:03 And I understand that we are voting on a rezoning.
21:13:05 But when you say that it has to be -- you can't really
21:13:07 consider this outside of -- it's site specific versus
21:13:15 a PD, right?
21:13:16 We are going to be rezoning nor specific purpose.
21:13:20 And in order for this project to go forward this
21:13:32 council will have to release a property right for
21:13:34 this, that reverter clause.
21:13:36 So while it does sound simple, I understand, and I'm
21:13:39 going to follow that instruction, the fact that

21:13:43 people, the public is speaking on this I don't think
21:13:51 they should not be allowed to speak on the topic,
21:13:54 because it is pertinent.
21:13:55 >>> Oh, no, we are not going to tell anyone they can't
21:13:58 speak.
21:13:58 We are just saying for your consideration, you can
21:14:01 only consider, and you should only discuss those
21:14:05 factors relevant to the rezoning.
21:14:07 >>MARY MULHERN: Right.
21:14:09 But should the rezoning be approved, or approving for
21:14:12 this specific project, it's not Euclidean, it's not
21:14:16 like for rezoning.
21:14:21 >>> It's site plan specific.
21:14:24 >>MARTIN SHELBY: One of my purposes in restating Mr.
21:14:27 Smith's comments in his memorandum to you this morning
21:14:30 is to also put those who do choose to speak publicly,
21:14:35 at this P.O.W. public hearing, on notice that you will
21:14:38 not be in a position to consider or discuss those
21:14:44 items that they may wish you to discuss.
21:14:46 Granted, this is a public hearing.
21:14:48 It is quasi-judicial.
21:14:51 There is absolutely no desire to kill or quash

21:14:55 people's right to address this body.
21:14:57 However, your role in your capacity is limited by law.
21:15:03 And I just wanted the public to be aware of that as
21:15:05 well.
21:15:09 >>CHAIRMAN: Thank you.
21:15:11 >>> My name is Keith Koehler.
21:15:14 I have been sworn.
21:15:15 My office address is 401 North Howard Avenue.
21:15:18 >> Still there, huh?
21:15:19 >>> Still there.
21:15:21 I would like to turn your attention to the overhead
21:15:23 because I want to point out that out of all the
21:15:26 properties that are surrounding the armory, I by
21:15:34 myself and about six lots which makes me about the
21:15:36 biggest holder around there, and I presume you got the
21:15:40 letter.
21:15:41 I made my point and I made it well the last time I
21:15:44 spoke and I'm going to make it again.
21:15:46 City Council needs to do what's good for Tampa, it
21:15:50 needs to do what's God for West Tampa, for the
21:15:53 residents of West Tampa, the families in West Tampa,
21:15:56 what's good for that area is a group of savvy business

21:16:01 owners hole spend $100 million of their own money to
21:16:04 put forth a project that is going to put West Tampa on
21:16:06 the map.
21:16:07 We have been waiting for it to happen.
21:16:10 That armory sat there since I bought property and
21:16:13 built my first building in 2003.
21:16:15 And it looks the -- looks the same as did it five
21:16:18 years ago.
21:16:18 And now we are in 2008.
21:16:20 We have a group that has the financial ability, it has
21:16:24 the talent, the marketing skill, the business
21:16:27 experience to put forth and make this project happen,
21:16:30 and you as Tampa City Council have a responsibility to
21:16:35 do what's gad for Tampa.
21:16:36 That project is going to generate $2. a million in
21:16:40 real estate taxes on its own, on top of all the other
21:16:43 sales tax on the expected $200 million impact that
21:16:48 that project may have on an annual basis.
21:16:52 We care about that area.
21:16:53 We care about the people of West Tampa.
21:16:55 We care about the 2000 jobs that are going to be
21:16:59 created.

21:17:01 I want that project to be built.
21:17:03 I want the City of Tampa to approve it and put this to
21:17:06 bed once and for all.
21:17:08 We have got a group.
21:17:08 We have got a strong group.
21:17:10 We have got a together group.
21:17:11 They have got an amazing project.
21:17:13 They have addressed every historical issue that
21:17:15 everybody could possibly have with this site.
21:17:17 And I think when you look at the overall picture of
21:17:21 the process, it was done the way it needed to be done.
21:17:25 They are ready to go.
21:17:26 They spent an awful lot of money out of this project
21:17:29 ready to go.
21:17:29 And by the way, I'm a hockey player.
21:17:31 And I tried drive to Brandon because that has two
21:17:35 sheets of ice. This facility does not have two sheets
21:17:38 of ice.
21:17:39 And it's not a program for inner city poor people.
21:17:42 It costs $1,000 to suit up for a hockey game.
21:17:47 That's not for the average person to play.
21:17:49 And even though Tampa needs an ice rink, that's not

21:17:52 the place for the ice rink.
21:17:54 That's the place for Heritage Square, which is a
21:17:57 Sarasota, a hotel, a business center, restaurants.
21:18:00 I want to walk across the street from my office and go
21:18:03 have lunch, and that's what I am going to do after you
21:18:07 guys approve that project.
21:18:11 [ Applause ]
21:18:12 >>> Brooks Morgan.
21:18:21 I have been sworn in.
21:18:22 1906 Armenia, my business address.
21:18:25 First of all I wanted to say that I admire the
21:18:27 Heritage Square project.
21:18:28 I think in theory it is a testimony to the
21:18:33 entrepreneurial and innovative spirit that drives
21:18:36 America.
21:18:36 So in theory I think it's great.
21:18:41 But in all practical application, I think that at best
21:18:44 it's actually going to struggle and go through a
21:18:47 rigorous and long journey to profitability for all the
21:18:55 investigators involved due to economic uncertainty and
21:18:57 the fact that the area surrounding that still needs a
21:19:00 lot of urban revitalization before corporate America,

21:19:04 which I think ultimately is the one that's going to
21:19:06 have to buy into this project, for them to buy into
21:19:10 it, I think.
21:19:12 So what I thought would be even a higher and better
21:19:14 use would be a project that serve it is community in a
21:19:19 way that allows the root to be destroyed, that creates
21:19:24 all economic depravity, neglect of use.
21:19:30 My project was called Rays of Hope, a center that
21:19:36 allows for alcohol, vocational, and parochial rehab
21:19:39 services to be administered and also doubles as a
21:19:41 live-in parochial school for children whose parents
21:19:45 are actively in this program.
21:19:48 Now, this isn't a bleed being heart liberal handout
21:19:52 type of thing.
21:19:52 This is a very no nonsense, rigorous and high intense
21:19:56 program for people who get here that destroyed this
21:20:01 root and really creates revitalization in the
21:20:04 community.
21:20:05 I mean, if you are attacking the problems that are
21:20:08 really plaguing the area as a whole by fixing the
21:20:11 people in the area, then I believe that that is a
21:20:14 faster track to revitalization than putting in

21:20:17 something and kind of hoping that corporate America
21:20:20 sooner or later will buy in, economic indicators
21:20:26 factor in the right kind of way.
21:20:28 Nobody has bothered to consider something like that.
21:20:30 And since the National Guard installation has long
21:20:33 been the defender of the weak and oppressed, I thought
21:20:36 a project such as this would be going along with that
21:20:39 tradition.
21:20:40 And it would serve as a model for other economically
21:20:43 depressed areas to maybe follow and keep America
21:20:47 strong.
21:20:49 So that was just something I thought should be
21:20:51 considered, and if enough people get behind it, why
21:20:55 not?
21:20:56 Thank you.
21:20:56 That's all I have.
21:20:59 >>CHAIRMAN: Mr. Dingfelder?
21:21:00 >>JOHN DINGFELDER: Before you come up, sir.
21:21:02 I had a question to legal, I guess.
21:21:05 Donna, are you still there?
21:21:13 I will give it to you, Mark.
21:21:15 The bottom line, it appears that there are two folks

21:21:18 who sort of spoke, both of them were competitive bids
21:21:25 on this project.
21:21:27 Or proposers on this project.
21:21:32 If -- if this project didn't happen, okay, the
21:21:39 property now would be rezoned, if we approved it, the
21:21:42 property would be rezoned to whatever it is we are
21:21:43 looking at tonight.
21:21:44 But then if the National Guard chose somebody else,
21:21:48 they could just come in to rezone it to whatever it is
21:21:51 they wanted to do.
21:21:56 Seems like sort of a logical conclusion.
21:22:00 >>> Yes, they could come in next month and rezone this
21:22:02 to something else again.
21:22:03 >> Interest consistent with what they wanted to do.
21:22:06 >>> That's correct.
21:22:07 >> And that's the way I look at this.
21:22:09 I mean, we are not here to sweat the RFP, that's been
21:22:14 removed from our purview, whatever.
21:22:16 We want get into that.
21:22:18 So the only petitioner who is available to look at
21:22:21 this tonight is the one who has been authorized by the
21:22:22 National Guard, which is this Intelident.

21:22:28 So anyway, I just wanted to clear that up.
21:22:30 You know, we are not precluding you or Mr. Henry or
21:22:34 any bidders to come in and rezone it if and when you
21:22:38 get the authority to do so, and we would welcome that
21:22:43 if and when that time comes up.
21:22:45 But we now have 30 people lined up on the wall.
21:22:47 I am going to ask to confirm that you all are in favor
21:22:50 of this, cultural, neighborhood, business, nearby
21:22:57 neighbors, et cetera, et cetera.
21:22:59 Is there anybody along that wall who is opposed?
21:23:03 Okay.
21:23:07 >>CHAIRMAN: You're in the wrong line.
21:23:08 If you're opposed you are supposed to go -- that's all
21:23:11 right.
21:23:12 She got lost along the way.
21:23:15 If I could, Madam Chair, why don't we just hear from
21:23:18 this young lady and see --
21:23:21 >>> 501.
21:23:22 I'm a resident on Albany.
21:23:24 And I object to that letter being read.
21:23:29 If that letter was read at the beginning of the
21:23:32 session when the session opened, before all the other

21:23:36 parties spoke about rezoning, then that would be okay.
21:23:41 But reading it prior to this project being presented
21:23:44 is obnoxious to the residents of the community.
21:23:49 I object to the project.
21:23:50 It's a project that is too large for the community.
21:23:56 The traffic right now is very difficult.
21:23:59 You cannot get on Howard to get on the interstate.
21:24:04 And you are talking about putting in a -- just the
21:24:09 hotel alone, 300-plus room hotel, plus all the
21:24:15 activities that are going to be going on.
21:24:23 There's just no way our community can hold that.
21:24:25 And also we need to remember, right down the street,
21:24:29 right down the street on Cass and Rome, that whole
21:24:35 complete area, residence torn down, going to be I
21:24:42 don't know how many buildings.
21:24:43 We are we putting in traffic lights?
21:24:45 What are we doing to accommodate all these people
21:24:48 coming into the community?
21:24:50 It's going to stifle the people that are living there
21:24:53 now.
21:24:54 And I just can't believe that that letter will have
21:25:00 been read to intimidate the community.

21:25:02 Oh, do not come up here and speak about how you feel,
21:25:06 if you have nothing to say about the zoning you need
21:25:09 to sit down.
21:25:09 That is improper.
21:25:11 It's improper and it's an insult.
21:25:14 And I am against this project.
21:25:17 I do like the farmer's market.
21:25:19 I think that will be good.
21:25:21 I do like the artist rendering of the park.
21:25:23 I do like the museum.
21:25:24 But trying to put a hotel into that small section,
21:25:29 when we are we are mobilizing that section, there's no
21:25:35 room for expansion, how are we going to expand Howard
21:25:38 to four lanes, Armenia to four lanes, how are we going
21:25:42 to accommodate all that traffic in that small area?
21:25:44 And, I mean, there's nothing about how the residents
21:25:48 are going to cope with it.
21:25:50 Besides all the other projects that are going on.
21:25:52 Besides the interstate north and south being approved.
21:25:58 And I just can't believe that this is happening.
21:26:02 And that's to say come up and speak about the zoning.
21:26:08 I'm insulted.

21:26:11 >>GWEN MILLER: Put your name on the record for me,
21:26:12 please.
21:26:13 >>> Pat walker, 501 Albany.
21:26:17 >> And you were sworn in, ma'am?
21:26:18 I'm sorry.
21:26:19 >>> Yes, I was sworn.
21:26:20 Thank you.
21:26:24 >>JOHN DINGFELDER: So, anyway, what I'm thinking is,
21:26:29 Mr. Shelby and petitioners, I haven't heard competent
21:26:34 substantial evidence in order to deny this thing.
21:26:36 I'm inclined, based upon what we have already heard
21:26:39 from the petitioner, and without insulting the kind
21:26:43 folks who come down here tonight, I'm inclined to make
21:26:46 a motion to approve this based upon the evidence we
21:26:48 have heard.
21:26:49 I wanted to give everybody the opportunity who wants
21:26:52 to speak the opportunity to speak.
21:26:54 And they deserve that.
21:26:56 But people that are just here to tell us why it's
21:27:00 good, I think way heard plenty of competent evidence
21:27:03 to support the project.
21:27:04 And I haven't heard any competent evidence to deny it.

21:27:07 So normally I wouldn't say this.
21:27:09 But it might be just redundant and that sort of thing.
21:27:17 >>CHARLIE MIRANDA: I agree somewhat with Mr.
21:27:19 Dingfelder.
21:27:20 However I feel the good people here came today, took
21:27:22 time to be here in the chambers for a long period of
21:27:26 time and listen to five or six other hearings that we
21:27:30 held.
21:27:31 And have taken time away from the family and their
21:27:33 home.
21:27:34 And I believe they should be entitled to at least come
21:27:36 up and say I'm for or against it or a very brief
21:27:38 message.
21:27:39 And you are still entitled to your three minutes.
21:27:41 >>GWEN MILLER: Okay.
21:27:41 Those who want to come up and speak come up.
21:27:45 >>MARTIN SHELBY: Council, council has had this
21:27:49 discussion previously on other petitions and I
21:27:52 suggested that no one is obligated to take their full
21:27:55 three minutes to speak.
21:27:58 If you wish to get to the point, if you wish to make a
21:28:00 point that has perhaps not been made, if you wish to

21:28:03 have council know any additional fact, I believe that
21:28:07 it is not council's intention to chill discourse in
21:28:10 any way, but to see speed the process along.
21:28:13 If you can do anything to support that, and still
21:28:16 communicate what you wish, that would be appreciated.
21:28:19 >>GWEN MILLER: Go ahead, sir.
21:28:20 >>> I'm C.W. Beckham.
21:28:23 Yes, I have been sworn in.
21:28:24 My address is 502 north Albany Avenue and I'm proud to
21:28:27 be the first homeowner from the area.
21:28:30 I live exactly one block away from the Albany and
21:28:34 proud to be the first person who lives in the area to
21:28:36 speak publicly speak about this project.
21:28:39 I'm a long-term resident of the area and I have been
21:28:41 here for the past 39 years.
21:28:44 And I love this project.
21:28:45 This proposed development will do a lot of things, new
21:28:49 development in my community is sorely needed and I'm
21:28:51 glad to see it.
21:28:54 To work with the sort of tax base that you all want
21:28:56 and need, and the part about bringing jobs within
21:28:58 walking distance to a lot of people, I think is a

21:29:01 great thing.
21:29:02 And I fully support it.
21:29:04 And perhaps best of all these folks have the time,
21:29:06 because they are not properly funded and not driven by
21:29:11 short-term shareholder concerns.
21:29:14 So I like to take the time to do it right.
21:29:17 And I urge you to fully support this project.
21:29:19 Thank you very much.
21:29:22 >>LINDA SAUL-SENA: Thank you for your letter.
21:29:24 >>> I'm MARA barrio, I live at 3006 Main Street in the
21:29:30 heart of West Tampa.
21:29:32 I'm a fourth generation west Tampania.
21:29:37 I met the Intelident team actually almost two years
21:29:40 ago, and I was most impressed because they hired me as
21:29:44 a historian and we never get hired by anybody.
21:29:52 [ Laughter ]
21:29:53 To learn about our community, our history, the history
21:29:56 of the cigar factory that they were moving into, the
21:30:00 history of the armory.
21:30:02 They came to the West Tampa sandwich shop and on many
21:30:10 occasions to meet people in the community.
21:30:12 They wanted to know us.

21:30:14 They were impressed with us.
21:30:15 They fell in love with us, West Tampa folks, and it
21:30:21 shows.
21:30:21 It shows in this project that really showcases our
21:30:29 spirit, and our history.
21:30:31 That we are very proud of.
21:30:34 And I have to say that I trust these folks.
21:30:37 I have gotten to know them through all of those
21:30:41 meetings, and meetings with the community.
21:30:44 I'm grateful to them for believing in our community,
21:30:49 for taking the risk -- and this is a risk, and nobody
21:30:52 else has the courage to come to West Tampa, but they
21:30:55 do.
21:30:56 And that's why I love this project.
21:30:59 I ask for your support.
21:31:00 Thanks.
21:31:04 [ Applause ]
21:31:06 >>> Good evening, Madam Chairman.
21:31:07 And members of the City Council.
21:31:09 My name is Lamona Thomas.
21:31:11 My business address is 1803 North Howard Avenue.
21:31:14 You have received a letter, each of you, from me, so I

21:31:17 won't be long.
21:31:18 I'll only take a moment.
21:31:20 I would like to express my interest in this project.
21:31:23 Part of our initiative at the West Tampa CDC is to
21:31:27 promote economic development, affordable housing, and
21:31:32 revitalization.
21:31:33 And I was very impressed with the presentation from
21:31:37 Intelident.
21:31:38 They met with the overlay committee.
21:31:40 The committee members, the residents and discussed
21:31:45 their concerns and issues.
21:31:46 And the organization was very, very constructive in
21:31:49 addressing some of those concerns.
21:31:51 Also brought up some of the issues that were important
21:31:53 to me as far as affordable -- not affordable housing,
21:31:58 excuse me.
21:31:58 It's been a long day for me.
21:32:00 Some of the issues were making sure that the residents
21:32:02 had jobs.
21:32:03 We had a high unemployment rate.
21:32:04 So we will have revitalization.
21:32:07 We will have employment.

21:32:09 And we know, all of us know that West Tampa is a gold
21:32:12 mine.
21:32:13 I think this is an awesome project.
21:32:15 And I also want to lend my support.
21:32:20 Thank you.
21:32:21 [ Applause ]
21:32:22 >>> Good evening, Council.
21:32:27 I'm Robert Allen, president of the North Hyde Park
21:32:31 civic association.
21:32:34 And Mr. Scott, councilman Scott, I have lived in that
21:32:38 community for 42 years.
21:32:40 I organized the neighborhood watch program, which
21:32:45 today is the first neighborhood watch program in the
21:32:48 City of Tampa.
21:32:48 You have heard all of the pros and cons.
21:32:53 I am not going to get into that.
21:32:55 There is something that my community and my members
21:32:58 would like to know.
21:32:59 And we discussed that when Mr. Tom Marler and others
21:33:05 were in a meeting with us.
21:33:06 And that is, there are two buildings.
21:33:10 And one is on the south side and one is on the north

21:33:12 side.
21:33:15 Those two buildings I think are five stories, and they
21:33:23 are to provide all of the needed parking for this
21:33:29 establishment.
21:33:30 What I would like to know, that I can take back to my
21:33:34 members, is that, is this according to code, and they
21:33:41 don't have to do anything else?
21:33:43 Or should they be looking for a wider scope of parking
21:33:47 so it does not fill the community as did it in South
21:33:55 Tampa?
21:33:55 The other question, there are two other buildings, one
21:33:59 on the south side and then again one on the north
21:34:01 side.
21:34:02 They are both historic buildings.
21:34:04 One is the main armory, which has 40-foot ceilings.
21:34:10 The other one is the headquarters.
21:34:11 And that is where they have poked holes to build or
21:34:18 remodel or bring in a community service building that
21:34:25 we will be able to have our meetings, entertain other
21:34:33 things, as much as 150 people.
21:34:38 We don't have that now. In fact what we have to do is
21:34:40 find a church, because the city took away the one

21:34:45 community center that was in this neighborhood that
21:34:49 was over at North Boulevard and Kennedy.
21:34:52 And down at Macfarlane Park.
21:34:58 So my question is can you get those answers for me,
21:35:01 first of all?
21:35:02 First of all, I must say that, yes, we do support the
21:35:05 program.
21:35:05 However, we need to get those questions answered.
21:35:14 >>JOHN DINGFELDER: Jill, could you speak to the
21:35:15 parking subject?
21:35:19 Gordon, we'll catch you on rebuttal on that.
21:35:22 But what is staff's evaluation of the parking?
21:35:25 >>> Right now, that I have had based on the revision
21:35:28 that is we submitted into the record, they would make
21:35:31 between first and second reading, they are required to
21:35:33 have 846 parking spaces and are providing 850.
21:35:43 >> Okay.
21:35:44 And then in regard to the community center, is there a
21:35:48 note on the site plan that guarantees the assertions
21:35:55 that the community will have a place in one of those
21:35:57 buildings as a community center?
21:36:00 >>> Community activity --

21:36:05 >> Cultural center?
21:36:06 >>> Yes.
21:36:07 That's what the use is designated as.
21:36:09 >> So it's implicit, I guess, for the record, for this
21:36:13 tape recording that that would include the community?
21:36:16 The community to have an opportunity to use that as a
21:36:18 community center?
21:36:19 >>> I'll let Mr. English speak to that.
21:36:22 >>JOHN DINGFELDER: Go ahead, Mike, real quick.
21:36:27 >>> The second smaller building is also historic.
21:36:30 Entire ground floor about 2500 square feet will be
21:36:32 solely dedicated to community use as an arts center,
21:36:36 as a meeting place, as a gallery place.
21:36:39 So in perpetuity it will be used by the community.
21:36:43 >>MARY MULHERN: Is there space for 150 people to have
21:36:51 a meeting?
21:36:51 >>> I think there should be.
21:36:53 That's a pretty good sized space.
21:36:58 >>JOHN DINGFELDER: Next.
21:37:00 >>> Council members, my name is Carolyn Benjamin
21:37:03 Blethen. I'm a native of West Tampa and I reside in
21:37:07 West Tampa.

21:37:08 I'm also the great granddaughter of George Nelson
21:37:10 Benjamin.
21:37:12 [ Applause ]
21:37:14 Those of you who have read the "City of Cigars"
21:37:22 written by Armando Mendez will be familiar with the
21:37:25 name George Benjamin. 112 years ago, in 1896, my
21:37:29 grandfather gifted the ten acres that we are talking
21:37:31 about tonight to the city of West Tampa to be used as
21:37:35 a public park.
21:37:36 This was merely 30 years before West Tampa was annexed
21:37:41 to Tampa.
21:37:42 >>JOHN DINGFELDER: That was even before Charlie showed
21:37:47 up. (Laughter)
21:37:47 >>> And just before the Spanish American war, when
21:37:50 Teddy Roosevelt and the Rough Riders would camp on
21:37:53 this very site that we are talking about.
21:37:55 This is important to remember, because at that time,
21:37:59 Tampa was still a wilderness, with a great deal of
21:38:02 open space.
21:38:04 In spite of that, George Benjamin believed it was
21:38:07 important for people who lived here at that time to
21:38:10 have a public space to reserve for their relaxation

21:38:14 and enjoyment.
21:38:16 Serene, green spaces are difficult to find in Tampa's
21:38:19 landscape today.
21:38:21 I don't know why or how this designated public park
21:38:24 was changed so many times over the years to so many
21:38:28 uses instead of remaining a park.
21:38:31 As of descendant of George Benjamin, and a West Tampa
21:38:34 resident, I strongly support the development plans of
21:38:37 Heritage Square at the armory.
21:38:39 This project would be for the continued enjoyment of
21:38:43 all of Tampa's residents.
21:38:44 I'm pleased to see the generosity and foresight of
21:38:48 George Benjamin remembered here and believe it is in
21:38:50 keeping with his intentions.
21:38:52 Thank you.
21:39:00 [ Applause ]
21:39:02 >>> Some great history there.
21:39:07 Good evening, council members.
21:39:08 My name is Leo Alvarez and I have been sworn in.
21:39:12 I live within walking distance to the armory and I
21:39:14 work in the West Tampa area.
21:39:16 I'm a third generation Tampa native and serve on the

21:39:20 Board of Directors of the West Tampa Chamber of
21:39:21 Commerce.
21:39:23 I am here before you today as a West Tampa resident
21:39:25 and as a West Tampa business person, would like to
21:39:28 express my thoughts about the Heritage Square project.
21:39:32 As this is a long awaited opportunity of private
21:39:36 dollars going to work within a community that will
21:39:39 create jobs at all levels, bringing new businesses,
21:39:44 providers of a community with a town center which
21:39:47 Tampa currently lacks.
21:39:49 The Heritage Square project also reintroduces the
21:39:52 image, history, and flavor of West Tampa, which to a
21:39:57 degree has been lost.
21:39:59 This project in summation will create jobs, bring
21:40:03 beautification of the area, a true West Tampa town
21:40:06 center, bringing new businesses and provide a place
21:40:09 for us as a community and families of the West Tampa
21:40:13 area and Tampa together and enjoy for generations to
21:40:17 come.
21:40:18 There's no question in my mind at all whatsoever the
21:40:22 selection the committee made the right choice for this
21:40:26 project, is the right one for West Tampa, for the West

21:40:29 Tampa community, and Tampa.
21:40:30 Thank you.
21:40:34 [ Applause ]
21:40:35 >>> I'm Bob Garcia, Executive Director of the West
21:40:46 Tampa Chamber of Commerce.
21:40:49 And I don't want anyone to say that I came over on the
21:40:49 Mayflower.
21:40:52 But I do want to state that the Intelident Solutions
21:41:00 of Heritage Square, they don't only talk the talk but
21:41:05 they walk the walk, and as you heard from other
21:41:07 individuals, all of the efforts to make this
21:41:11 successful.
21:41:13 In addition to that, they have been proactive in
21:41:16 working with the community, and the West Tampa chamber
21:41:19 is 100% in support of that project.
21:41:22 The developer is local and has made many important
21:41:25 contributions to the West Tampa community.
21:41:28 They are an active member of the chamber market
21:41:31 willing committee, and they have financed the VILLA
21:41:36 park by having a monument, and also they worked very
21:41:40 closely as sponsors of West Tampa and the local boys
21:41:46 club.

21:41:46 Therefore, I strongly urge you to support the Heritage
21:41:49 Square project.
21:41:51 I do have a letter that I would like to submit for you
21:41:54 all that has all the points that have been discussed.
21:42:01 Thank you.
21:42:03 [ Applause ]
21:42:04 >>> Good evening.
21:42:05 My name is Tommy Castellano, my business is 2206 North
21:42:10 Armenia Avenue, which was my great grandmother's
21:42:14 house.
21:42:14 I was born and raised in that area.
21:42:16 But when I die, I think I'm going to be buried in
21:42:20 Chicago.
21:42:21 Because I hear that in Chicago when you die and are
21:42:25 buried you still get to vote.
21:42:27 [ Laughter ]
21:42:28 It's a tremendous honor for me to be the president of
21:42:31 West Tampa Chamber of Commerce.
21:42:35 And see this come about.
21:42:38 To have the reputation of being a slum in the City of
21:42:40 Tampa.
21:42:42 Part of that, it's not that way anymore.

21:42:44 Because now we are the gateway to the city.
21:42:47 I won't take up any more time.
21:42:48 Because the only reason why I came here is my wife
21:42:54 knows I'm out and if she didn't see me on TV, I would
21:42:58 be in trouble.
21:43:01 West Tampa chamber wholeheartedly supports this
21:43:03 endeavor.
21:43:04 Thank you.
21:43:06 [ Applause ]
21:43:08 >>> My name is Alex Stassoss.
21:43:15 I have been sworn in.
21:43:15 I am a property owner.
21:43:18 307 North Howard Avenue.
21:43:19 We also have a residence, a residential house behind
21:43:24 their property that fronts on Wesleyan.
21:43:27 We are in support of the project.
21:43:29 It was the -- that was a tough act to follow.
21:43:33 So I brought my wife along with me. (Laughter)
21:43:37 But the thing that's the most important to me that
21:43:39 hasn't been mentioned yet is the fact that it would be
21:43:42 so nice to have -- because you have businesses and
21:43:44 there's other offices around there -- to be able to

21:43:48 walk, to buy goods and services and to go have a bite
21:43:51 to eat for lunch or for dinner.
21:43:53 Right now, where we are, on North Howard, you have to
21:43:56 go six or seven blocks at least down to Azeele before
21:44:01 you find a restaurant on Howard Avenue.
21:44:04 So this would be an opportunity for people in the
21:44:06 neighborhood to be able to walk, and not use their
21:44:09 cars, which is what we would like to do.
21:44:11 Thank you.
21:44:17 >>> Where is Denise?
21:44:18 Stand up.
21:44:19 They have a business there.
21:44:20 And I am a client of theirs.
21:44:22 And also Denise, sings jazz, in some clubs.
21:44:29 I want to thank them for being here tonight.
21:44:31 Good people.
21:44:32 Good friend.
21:44:34 >>> David HERZOG.
21:44:37 I have been sworn.
21:44:38 I live at 3112 west Nassau.
21:44:42 My wife has lived next door to where we have a house
21:44:47 now from the time she was born.

21:44:49 She grew up there.
21:44:51 To give you an example of how long they have been
21:44:54 there, the house that we bought when I did some recent
21:44:58 remodeling in the garage and torso board out there was
21:45:01 some printing on the backside of it and it was my
21:45:05 father-in-law's address for the shipping crate where
21:45:07 he shipped his stuff back from Europe after World War
21:45:10 II.
21:45:11 They reused the shipping crate in the shelves.
21:45:15 I don't have that long a history.
21:45:17 I only moved here in 1955 when I was two years old,
21:45:20 went to school here.
21:45:22 I used to ride my bicycle all around this area, grew
21:45:25 up just north of Jefferson high school.
21:45:29 I had a German last name, English by my mother, but I
21:45:32 am Italian and Spanish in west Tampania by marriage.
21:45:37 And we also have a business on Cypress Street,
21:45:43 spicery.
21:45:44 The things that are attractive to us about this
21:45:46 proposal is in many ways when people are looking to do
21:45:53 a business, they come with the entire package, with no
21:45:58 entities of commercial prowess, from big chains, from

21:46:04 outside of the area.
21:46:06 The chain that is come in and take the money and ship
21:46:09 it out when they make their profit.
21:46:13 Then with this proposal, really staking their future
21:46:20 on the entrepreneurial spirit of the people who are
21:46:23 here, by providing these places for people to start
21:46:29 their businesses, and to give them a try.
21:46:32 They are saying that, you know, we not only want to
21:46:35 northbound business, but we want the whole area to be
21:46:38 successful, in our future, and your future are the
21:46:42 same, and that's a big thing.
21:46:44 That is really a big thing for somebody to put that
21:46:46 much money and that much effort.
21:46:48 And as Winston Churchill said, there are no guarantees
21:46:55 in politics, that what you said set out to do will in
21:46:58 fact be what you end up doing with your efforts.
21:47:01 And we know that sometimes things take and go in
21:47:05 different directions and there are no guarantees.
21:47:07 In you have to do what you have to do to survive.
21:47:11 But there are also challenges in our community to come
21:47:13 up with an entrepreneurial spirit of individuals, and
21:47:16 not just be an entitlement.

21:47:20 Give me jobs, please.
21:47:21 They are saying, you want to make your own
21:47:25 opportunities, we'll provide the place.
21:47:29 I know that that is the spirit of the original West
21:47:32 Tampa area.
21:47:35 And I know that this council is very much in favor of
21:47:42 preserving the heritage.
21:47:43 I know that because the last time that I was in this
21:47:46 chamber was 1975.
21:47:50 And councilman Miranda was sitting in the exact same
21:47:53 place.
21:47:53 >>CHARLIE MIRANDA: I remember that.
21:47:56 [ Laughter ]
21:47:57 >>> Thank you very much for your time.
21:48:01 >>> My name is Gina Harlon, I have been sworn in.
21:48:09 I am a resident of 2917 west Pine Street and a
21:48:13 business owner at 1714 North Armenia and co-owner of
21:48:17 the No Ho bistro.
21:48:19 As a resident I am so incredibly excited about
21:48:22 someplace new to go to especially farmers market, a
21:48:25 restaurant, also as a business member knowing there's
21:48:28 an entrepreneurial spirit that we as a basis of my

21:48:33 business plan coming into an area that supports
21:48:35 everything that we believe in is beyond words.
21:48:38 So I highly support that.
21:48:43 >>> Good evening Madam Chairman, my name is Michael
21:48:48 VILLA and I have been sworn in, here representing
21:48:52 Moran development group, currently involved in
21:48:54 developing the west end Tampa project, which recently
21:48:57 many of you participated in hemming us move that
21:48:59 project forward.
21:49:00 I just came here to briefly say we also support this
21:49:03 project and hope that you will continue to do so.
21:49:05 Thank you very much.
21:49:09 >>> My name is David Bullock and I have been sworn.
21:49:11 I am a resident of West Tampa, and also a fairly new
21:49:16 resident.
21:49:17 I have only been there about three years.
21:49:19 I'm thrilled about this project and I'm also very
21:49:21 thrilled about living in West Tampa because I think
21:49:23 it's a unique community, and it's a vibrant community
21:49:26 with a lot of different ethnicities.
21:49:29 But I think that gives us more power because I think
21:49:32 when we work together I think there's amazing things

21:49:34 that we can accomplish.
21:49:35 And I think this project is going to be an exciting
21:49:37 way for all members of our community to have something
21:49:40 that they can look up to in a positive manner and
21:49:42 really see something and believe that they can maybe
21:49:45 do something with their lives as well.
21:49:47 Thank you.
21:49:51 >>> Good evening.
21:49:53 Benjamin Buckley, resident state street.
21:49:56 I'm a little disappointed with some things.
21:49:59 I'm disappointed because I have lived in West Tampa
21:50:01 for over 25 years.
21:50:04 And have had very little input into how the part of
21:50:13 town is being developed.
21:50:14 I have been a member of various groups such as the
21:50:16 North Hyde Park civic association.
21:50:18 I have been to countless meetings over the years and
21:50:20 have seen many projects that fall short of their
21:50:23 goals.
21:50:24 The process we have now leaves a lot of responsibility
21:50:27 to the developer, in this case West Tampa has no grand
21:50:32 plan, so therefore no real way to measure if this plan

21:50:36 will actually integrate into the neighborhood well.
21:50:39 The citizens of our neighborhood have little power to
21:50:43 shape their own future.
21:50:44 Just a few yourself ago, we had a gentleman from the
21:50:48 Hillsborough Planning Commission named Jim that you
21:50:52 thorn.
21:50:52 Jim came into West Tampa and started redevelopment
21:50:55 groups.
21:50:57 I was excite add long with many other people.
21:51:00 Unfortunately, Jim resigned and nobody took hiss his
21:51:02 place.
21:51:03 Now we seem to be heading towards an uncoordinated
21:51:06 type of development.
21:51:07 As far as the project goes, I like it.
21:51:10 Intelident has committed to a groan project like they
21:51:12 said last week at the meeting, and they have also
21:51:16 committed to hiring local persons and businesses to
21:51:18 participate in this project and what goes on
21:51:21 afterwards.
21:51:25 It's too late to do what I have talked about, about
21:51:28 planning a grand plan for West Tampa and getting the
21:51:31 citizens involved in this plan.

21:51:33 But I would like you all to help us with this, for any
21:51:38 future development.
21:51:39 And I suggest that this project be approved and hope
21:51:44 for the best.
21:51:44 Thank you.
21:51:51 >>> I'm mark Fernandez.
21:51:52 I'm neither a resident nor business owner in the area.
21:51:55 I am here as a representative for trustees trust which
21:52:02 is a sizable land owner for Gray Street on the south
21:52:04 side of the armory.
21:52:05 And we would like to say thank you for pushing forward
21:52:10 if you are going to approve the rezoning and since
21:52:12 that's what we are here for then I'll just continue my
21:52:14 discussion.
21:52:15 Thank you.
21:52:18 >>> Ed Turanchik, I'm Intown properties, we own
21:52:27 approximately 70 to 80 properties currently in West
21:52:29 Tampa, third or fourth largest property owner.
21:52:32 We are building obtainable workforce housing, I wish
21:52:40 we could attract and qualify teachers and firefighters
21:52:48 to qualify but they actually make too much.
21:52:50 We are working with a group of people that make less

21:52:52 than that, and building homes for them in West Tampa.
21:52:57 I was going to talk a little about comprehensive plan
21:53:00 issues but I think those issues have been pretty
21:53:02 trumped.
21:53:03 I am also a member of the Board of Directors of West
21:53:04 Tampa Chamber of Commerce, and head of the marketing
21:53:08 committee.
21:53:08 And I think you saw here today something extraordinary
21:53:11 happen in West Tampa.
21:53:13 There's a tremendous entrepreneurial and community
21:53:15 spirit.
21:53:17 And I think it really got galvanized and put together
21:53:20 when the council and the mayor asked for an economic
21:53:24 development plan for West Tampa that resulted in a lot
21:53:26 of focus groups and a lot of consensus that came
21:53:29 around, came about what Tampa wanted to be.
21:53:33 And it's about economic development, it's about jobs,
21:53:36 it's about cultural arts, it's about history.
21:53:40 I have been involved in some pretty far reaching
21:53:43 projects as a lot of you know.
21:53:45 I could not have conceived of a project better than
21:53:47 this on this property.

21:53:49 The blend of use that is integrate the different
21:53:51 things in the comprehensive plan and that economic
21:53:54 development plan is simply astounding.
21:53:58 But on a personal note, Gomez, my uncle by Marge
21:54:05 marriage, died last year.
21:54:06 He is the greatest sports hero in Tampa history.
21:54:09 You may not know him.
21:54:11 He would be like the equivalent of Derrick Jeter.
21:54:16 He fought jersey Joe walker in 1947 in Madison square
21:54:20 garden and 5,000 people came to the armory to listen
21:54:22 to why raid -- live radio broad casts of that fight
21:54:26 because they couldn't go to New York.
21:54:30 Tony died last year and there was about two or three
21:54:32 people at his funeral.
21:54:34 If he had died 30 years ago there would have been
21:54:36 3,000 people there.
21:54:38 The amazing thing about life is it's fleeting and fame
21:54:44 is fleeting.
21:54:45 What I really liked about this proposal is the armory
21:54:50 gets reopened so everyone can enjoy it.
21:54:53 It's not an office.
21:54:54 It's not a retail.

21:54:55 It's not just an office.
21:54:57 Not just a retail center.
21:54:59 Not just a bunch of shops.
21:55:00 It's not just an ice rink.
21:55:02 It's something that will be open to the people, all
21:55:04 the people, that people can enjoy in perpetuity.
21:55:09 That's the astounding part of this and it trumps the
21:55:12 historic preservation element of the comprehensive
21:55:14 plan better than anything I know.
21:55:17 This is a wonderful legacy for the memories of a lot
21:55:21 of people that cherish the armory, and looks like you
21:55:26 are going to support it.
21:55:27 That's great.
21:55:28 Thanks very much for the opportunity, for the
21:55:30 community to come forward and tell their stories and
21:55:32 here's some interesting stories.
21:55:34 And most of all share the incredibly great news about
21:55:37 the energy and dynamic life and economic prosperity
21:55:43 that's occurring in West Tampa.
21:55:44 Thank you.
21:55:45 I hope we get a unanimous vote tonight.
21:55:47 That will be spectacular.

21:55:49 Thank you.
21:55:50 [ Applause ]
21:56:05 >>JOHN DINGFELDER: I just want to clarify where I was
21:56:07 coming from before.
21:56:08 I guess everybody, you know, preaching to the choir, I
21:56:12 believe in a few minutes you will see that, and I
21:56:14 apologize if I insulted anybody.
21:56:16 But that wasn't my intent.
21:56:18 We still have another three or four items to go so I
21:56:21 was just trying to speed things up.
21:56:23 But you all did speed things up and I appreciate it.
21:56:25 Thank you.
21:56:28 >>THOMAS SCOTT: Well, Madam Chair, if the petitioner
21:56:32 wants to waive his rebuttal time, I think we are ready
21:56:35 to move forward, unless he just wants to speak.
21:56:43 >>> We just have an item to put in the record and we
21:56:46 will be available to answer any questions if council
21:56:48 has any.
21:56:53 >>THOMAS SCOTT: Yesterday I spent a considerable
21:56:55 amount of time out at the site.
21:56:58 I already know the area.
21:57:00 But I had an opportunity to go out and walk the site

21:57:03 yesterday, walk around, spent quite a bit of time out
21:57:06 there at this site.
21:57:08 And the other site.
21:57:12 And while I did raise the issue of the process,
21:57:16 several months ago, we know what's up with that.
21:57:21 Before us tonight is strictly the zoning issue and I'm
21:57:24 prepared to support that and move that forward.
21:57:31 I think Ms. Mulhern had something.
21:57:34 >>MARY MULHERN: Yes, I wanted to say this looks like a
21:57:37 beautiful, fantastic project.
21:57:38 And I want everyone in West Tampa to know that I think
21:57:43 this is the first time that City Council has seen a
21:57:44 presentation.
21:57:45 I don't know if anyone else has seen it.
21:57:47 And you have all been at an advantage to council
21:57:52 because not only did we not see this presentation, but
21:57:57 none of us saw the other presentations.
21:57:59 And my questions, like the councilman said, I had a
21:58:05 lot of questions about the process which had not been
21:58:09 satisfied, and it had nothing to do with the merits of
21:58:12 this project.
21:58:14 We all love West Tampa.

21:58:15 And I haven't lived here this long, but I never
21:58:19 thought West Tampa was a slum.
21:58:21 So even though there are people who moved here in the
21:58:23 last decade think it's a cool neighborhood and not a
21:58:26 slum.
21:58:28 So things must be getting better.
21:58:30 But I really feel that it's important to say this,
21:58:35 because we as your council are charged with rezoning,
21:58:42 this is your big area, and my big concern was that
21:58:46 this city of had property interest in this property.
21:58:53 This property was going to become ours, if it was not
21:58:58 use by the armory.
21:59:01 For being a public use.
21:59:02 And we don't really know -- this looks like a
21:59:07 wonderful project.
21:59:08 And I had hoped, as much as you all do, that it is
21:59:13 going to be a success, and I'm going to vote for it.
21:59:19 I'm going to support it.
21:59:20 But I do feel that it's important that people know
21:59:23 that City Council was frustrated in our attempt to do
21:59:34 our job in protesting whatever our interests and our
21:59:41 pocket books here in the city.

21:59:42 And we had a large piece of property that was ours
21:59:46 that years ago was given to the armory with the
21:59:52 understanding that it would come back to the city.
21:59:54 So while we all hope and pray that this will bring a
21:59:59 great return for the city, I personally hope that will
22:00:08 include whatever the city had gotten if the city had
22:00:10 come back to us and we had developed it or we had been
22:00:12 part of that.
22:00:13 So I just want everyone to know that your council has
22:00:20 been on this because we have all gotten your letters
22:00:22 and your e-mails and all the wonderful editorials, and
22:00:29 just want you to know, now that we have seen the
22:00:31 project, I have seen projects, we all think it's
22:00:34 great.
22:00:34 But the city has some problems with our process.
22:00:39 >>GWEN MILLER: We need to close the public hearing.
22:00:41 >> So moved.
22:00:41 >> So moved.
22:00:45 >>JOHN DINGFELDER: Wait a minute.
22:00:46 I had a question of Mr. Schiff.
22:00:52 Gordon?
22:00:52 Or Mr. Marler.

22:00:57 In regard to the historic preservation I know the
22:00:59 armory itself, maybe the other building has been
22:01:02 designated historic.
22:01:03 But there has been so much history in the armory.
22:01:06 Personally, I was able to see president Kennedy there
22:01:10 when I was a young lad.
22:01:12 And as indicated, you know, there's so many other
22:01:17 things that have gone on there.
22:01:18 And I'm just wondering, are there any plans to make
22:01:27 any murals or other kind of historic presentations,
22:01:30 photographs, that kind of thing of all the events that
22:01:33 have gone on there?
22:01:34 >>> I'll let Mr. Marler answer it for you.
22:01:40 >>> The answer is yes.
22:01:41 We actually have a few different things we are going
22:01:43 to be doing.
22:01:43 In addition to the things that occurred at the armory
22:01:45 itself, meeting with the community groups and such we
22:01:49 discovered there are a whole host of artifacts and
22:01:51 photos and various mementos from West Tampa, North
22:01:55 Hyde Park, and they presently reside in people's
22:01:58 homes, and their garages, in their attics, that are

22:02:02 not -- there's no central place to house them and to
22:02:05 view them.
22:02:06 What our intention is with the cultural arts center is
22:02:08 to provide that sort of museum space, if you will, not
22:02:11 only the armory building but the contributions of all
22:02:14 those who came before in West Tampa.
22:02:16 And a community we intend to honor in high fashion.
22:02:22 >> I think it's wonderful.
22:02:24 I appreciate your efforts.
22:02:25 I wish you all the best.
22:02:26 And I also want to recognize the great wrestling that
22:02:33 I used to watch, and it was all real.
22:02:36 I know it was real.
22:02:37 [ Laughter ]
22:02:37 >>GWEN MILLER: We have a motion and second to close
22:02:39 the public hearing.
22:02:39 (Motion carried)
22:02:41 Mr. Miranda, would you read that, please?
22:02:43 >>CHARLIE MIRANDA: I believe that John Dingfelder and
22:02:48 I must have seen the same two guys fight 400 times.
22:02:54 Gorgeous Doug and Don Sheridan.
22:02:58 That was the guy's name.

22:02:59 He had long blond hair.
22:03:00 It's an honor for me to read this ordinance.
22:03:02 I think this is not the end but the beginning of a new
22:03:07 West Tampa.
22:03:08 Something that will be beautiful, something that will
22:03:11 lead to much improvement of the whole area and improve
22:03:14 the City of Tampa just as well.
22:03:16 It's an honor to move this ordinance rezoning the
22:03:19 property in the general vicinity of 2316 west lemon
22:03:22 street and 522 north Howard Avenue in the city of
22:03:25 Tampa, Florida and more particularly described in
22:03:27 section 1 from zoning district classification RM-16
22:03:30 residential multifamily to PD planned development
22:03:33 residential office, personal services, hotel, retail,
22:03:37 providing an effective date.
22:03:38 >>GWEN MILLER: I have a motion and second.
22:03:39 Question on the motion.
22:03:40 >> a lot has been said.
22:03:44 I will only say to the developer at this point because
22:03:47 of the diversify and the history there, I hope that
22:03:51 also as you move forward developing, that also that
22:03:54 same diversity will be part of the development and

22:03:59 business aspect as you move forward.
22:04:02 >>LINDA SAUL-SENA: I just want to compliment the whole
22:04:05 creative team that puts this together.
22:04:06 It's really fun to be the kum-ba-yah rezoning.
22:04:11 It looks like a beautiful, beautiful project that
22:04:15 respect it is history, its compatible, it's
22:04:18 synergistic and will be a wonderful gift to our
22:04:20 community.
22:04:21 So thank you.
22:04:25 >>> I wanted to make sure the motion contained the
22:04:28 revision.
22:04:29 >>CHARLIE MIRANDA: As revised and all the documents we
22:04:32 talked about be part of the rezoning.
22:04:34 >>GWEN MILLER: We have a motion and second.
22:04:35 (Motion carried).
22:04:36 >>THE CLERK: Motion carried unanimously.
22:04:40 [ Applause ]
22:04:42 Second reading and adoption will be on February
22:04:44 7th at 9:30 a.m
22:04:57 >>GWEN MILLER: Do you want a break now?
22:04:59 We need to open item number 13.
22:05:01 >> So moved.

22:05:02 >> Second.
22:05:02 (Motion carried)
22:05:03 >>> Folks, we have a couple more zonings to do.
22:05:39 >>JILL FINNEY: Land Development Coordination.
22:05:49 I have been sworn.
22:05:50 Here on petition Z 0-04 going from an RS-50
22:05:55 residential single-family to PD planned development
22:05:57 for a child care center located at 4108 East Ellicott
22:06:01 street.
22:06:02 The petitioner is proposing to rezone the property to
22:06:05 allow for a daycare center used on-site, 22,000 square
22:06:10 foot site located in a neighborhood that has been --
22:06:15 suffered from urban blight and within the area of
22:06:17 Tampa designated as the enterprise zone.
22:06:19 The PD setbacks are as follows.
22:06:22 From the north, 72 feet.
22:06:23 From the east, 9 feet 1 inch.
22:06:26 From the south, 42 feet 11 inches.
22:06:29 From the west, 10 feet.
22:06:31 And 11 inches.
22:06:32 Four parking spaces are required and three spaces have
22:06:35 been provided.

22:06:36 Therefore the petitioner will need to add aware of one
22:06:39 parking space to the site plan.
22:06:40 The maximum building height proposed is 25 feet.
22:06:43 Proposed setbacks and height parameters are consistent
22:06:46 with the existing structure on the site.
22:06:53 Here is a zoning map of the local area.
22:07:10 Here is the area.
22:07:12 It's located just to the east of 40th Street.
22:07:23 Here is a picture of the site.
22:07:27 Located to the east.
22:07:32 This is single-family residential.
22:07:37 Then directly south across the street.
22:07:50 City staff find the plan to be inconsistent with our
22:07:54 standards.
22:07:59 I can go through the changes.
22:08:00 Some of the changes that we need to be addressed.
22:08:04 We need to add the waiver on the site plan for the
22:08:06 reduction of one parking space.
22:08:09 They need to add a waiver to the special use criteria
22:08:12 for nonresidential access to a local road.
22:08:15 And the report it has comments from tree and
22:08:19 landscaping.

22:08:21 There are no comments.
22:08:23 She found it consistent.
22:08:25 The number of daycare vehicles needs to be stated on
22:08:27 the plan.
22:08:28 The drop-off pickup area needs to be reversed, just
22:08:33 change the directional arrows.
22:08:35 And please clarify whether privacy fence will be
22:08:41 closed after hours.
22:08:42 And I would like to also mention that they need to
22:08:50 maintain visibility at the intersection so they can't
22:08:54 have higher than two feet hedges in the buffer area.
22:09:01 And they need to address solid waste by showing the
22:09:05 solid waste location, the concrete pad mentioned on
22:09:12 the plan.
22:09:12 >>MARTIN SHELBY: That would require a graphical
22:09:14 change?
22:09:16 >>> Yes but that would be minor.
22:09:19 All they would have to do is add it on.
22:09:21 They would not be required to go back to first reading
22:09:23 for that.
22:09:25 That concludes my presentation.
22:09:26 I'm available for questions if you have any.

22:09:41 >>TONY GARCIA: Planning Commission staff.
22:09:42 I have been sworn in.
22:09:43 Just a couple of comments as relates to the plan.
22:09:45 The proposed uses and the resolution of land use
22:09:47 categories -- ail the land uses consideration for like
22:09:52 daycares, churches, things of that sort, so the
22:09:56 proposed site is consistent with that aspect, since it
22:10:00 is a neighborhood serving use.
22:10:02 It is right off of 40th Street directly adjacent to
22:10:05 40th Street so you can have access to a major
22:10:07 collector road.
22:10:08 Planning Commission staff had no objection, found the
22:10:10 proposed request consistent with the comprehensive
22:10:11 plan.
22:10:13 >> Petitioner?
22:10:14 >> Reverend Stephenson Austin --
22:10:34 >>CHAIRMAN: Put your name on the record.
22:10:37 >>> Stephenson Austin.
22:10:45 We would like to get your approval.
22:10:49 On this petition so that we can get the daycare.
22:10:54 >>GWEN MILLER: Let me see if there's anyone in
22:10:57 opposition.

22:10:57 Is there anyone in the public that wants to speak on
22:10:59 item 13?
22:11:01 Mr. Shelby?
22:11:02 >>MARTIN SHELBY: I would like to ask the petitioner
22:11:04 relative to those conditions have you had an
22:11:06 opportunity to discuss those conditions, and do you
22:11:08 agree to them?
22:11:11 Is that the answer yes, sir?
22:11:13 Are you familiar with the conditions?
22:11:15 >>> Yes.
22:11:16 >>MARTIN SHELBY: Thank you.
22:11:19 >>LINDA SAUL-SENA: Move to close.
22:11:20 >>THOMAS SCOTT: Let me ask one question.
22:11:22 This is going to be a challenge.
22:11:23 How many children are you going to be licensed for
22:11:25 there?
22:11:26 >>> About 40.
22:11:27 40 children.
22:11:28 >>GWEN MILLER: We have a motion.
22:11:29 Did we get a second to close?
22:11:31 >>THOMAS SCOTT: Yes.
22:11:31 (Motion carried)

22:11:33 >>THOMAS SCOTT: Add all of the conditions.
22:11:53 >>MARY MULHERN: I move an ordinance rezoning property
22:11:56 in the general vicinity of 4108 East Ellicott street
22:12:00 in the city of Tampa, Florida and more particularly
22:12:02 described in section 1 from zoning district
22:12:05 classifications RS-50 residential single-family to PD
22:12:10 planned development, child care center, providing an
22:12:12 effective date.
22:12:13 And adding the note that has been described today.
22:12:19 >> We have a motion and second.
22:12:21 (Motion carried).
22:12:22 >>THE CLERK: Motion carried with Miranda being absent
22:12:25 at vote.
22:12:26 Second reading and adoption will be on February
22:12:28 7th at 9:30 a.m.
22:12:30 >>CHAIRMAN: We need to open item 14.
22:12:32 >> So moved.
22:12:33 >> Second.
22:12:34 (Motion carried)
22:12:34 >>JOHN DINGFELDER: You need to get with staff between
22:12:53 now and the next two weeks to make sure you get your
22:12:56 changes in that will make it smooth sailing.

22:13:00 >> Okay.
22:13:12 >>JILL FINNEY: Land Development Coordination.
22:13:14 I have been sworn.
22:13:15 We are here for petition Z 07-108 located at 3114
22:13:19 North Boulevard going from RS-50 single-family
22:13:22 residential to RO residential office use.
22:13:26 The petitioner is proposing to rezone the property to
22:13:29 allow for a residential professional office use.
22:13:33 The 5,460 square foot site is surround by a mix of
22:13:38 single and multifamily residential units, professional
22:13:41 office uses.
22:13:42 The site contains a 1,607 square foot one-story
22:13:47 single-family home which will remain on the site and
22:13:49 be used for the proposed professional office use.
22:13:53 The site plan setbacks are as follows: From the east,
22:13:56 15 feet.
22:13:57 From the north, 10 feet 5 inches.
22:13:59 From the south, 8 feet.
22:14:01 From the west 28 feet 6 inches.
22:14:03 There are six parking spaces required and a total of 3
22:14:07 parking spaces being provided.
22:14:08 A waiver has been requested for the parking spaces.

22:14:12 Proposed building height is 18 feet, 5 inches, and
22:14:16 that is consistent with the existing structure
22:14:18 on-site.
22:14:21 Here is a zoning map of the area.
22:14:27 As you can see, this subject parcel is the only parcel
22:14:32 on that block face that has not been row zoned.
22:14:37 One to the south is rezoned to RO and to the north is
22:14:40 PD, and you can see other activity going up and down
22:14:45 North Boulevard as well.
22:14:53 We have an aerial of the map.
22:14:54 You can see just to the east, north of Columbus.
22:15:02 Here is a picture of the site.
22:15:07 >>JOHN DINGFELDER: Right now, it looks like the house,
22:15:19 and somebody is going to turn it into an office but
22:15:21 it's probably going to keep looking like a house,
22:15:24 hopefully, maybe not.
22:15:25 Somebody shaking their head no in the back.
22:15:28 We'll get to that in a minute.
22:15:29 But my point is that looking at the site plan you're
22:15:32 proposing, or staff is proposing a handicapped parking
22:15:34 space in the front.
22:15:37 On the yard there.

22:15:39 >> In order to meet the requirement, that was the way
22:15:48 to have the most direct access to the ingress of the
22:15:52 building, was to place the handicapped place in the
22:15:56 front.
22:15:57 >>> And I don't want to get crosswise with ADA and all
22:16:01 that sort of stuff but from anesthetic standpoint, you
22:16:07 throw a legitimate sanctioned parking space on that
22:16:10 front yard within, you know, five feet of the sidewalk
22:16:17 there, and all of a sudden, then it starts looking
22:16:20 like an office.
22:16:22 Or a business.
22:16:24 It just sort of seems to take away from it.
22:16:27 Is there any creativity that we can do to avoid a
22:16:30 parking space on the front yard?
22:16:32 >>> Well, we really worked between transportation,
22:16:35 tree and landscaping, and my office with the
22:16:39 petitioner in order to come up with a resolution.
22:16:41 If we did put it in the back that would eliminate the
22:16:43 two spaces, and that was the only way to still be able
22:16:46 to get three spaces on the site.
22:16:49 >>LINDA SAUL-SENA: Do we know what use they are going
22:16:51 to use it for?

22:16:52 Do they need all these spaces?
22:16:54 >>> It's office so they could waive and put a space in
22:17:00 the back.
22:17:00 >> Well, we'll keep talking about this issue a little
22:17:03 bit.
22:17:04 >> I would like to say, if they have one space it has
22:17:07 to be ADA and if it was in the back it wouldn't allow
22:17:09 for another space back there for even an employee to
22:17:12 park.
22:17:30 This is just north of the site.
22:17:34 This is directly across the street.
22:17:39 And this is to the south.
22:17:41 Staff has requested that the petitioner show the tree
22:17:56 removed on the tree table and commit to pay the triple
22:18:01 permit fee for the removal of this tree.
22:18:05 And to add the note regarding construction staging
22:18:10 area will be provided on the site, and to place a note
22:18:15 on the plan that they will remove basic trees, and
22:18:20 that they please provide three feet wide buffer with
22:18:25 three feet high hedges adjacent to the abutting parcel
22:18:30 on the east boundary.
22:18:33 And also that a transportation easement, they need

22:18:37 to -- a transportation easement will be provided for
22:18:41 the northern five feet of the property for other
22:18:43 properties that on the alley.
22:18:52 That's my presentation.
22:18:54 I am available for questions if you have any.
22:18:56 >>TONY GARCIA: Planning Commission staff.
22:19:02 I have been sworn.
22:19:11 This particular site can be considered for this use
22:19:14 because of two criteria. Number one, the site, 50% of
22:19:18 this block face which is the block face that faces
22:19:20 North Boulevard, at least 50% is already zoned
22:19:23 commercial so it meets the locational criteria for
22:19:26 in-fill commercial development.
22:19:31 The other one is the orientation of the site.
22:19:33 Building is oriented toward North Boulevard which
22:19:35 gives a logical interface.
22:19:46 20% of that block face is already zoned commercial so
22:19:49 it meets the residential requirement which is a pretty
22:19:51 stringent requirement for commercial in-fill, in this
22:19:54 case it's the same type of low density office
22:19:56 commercial that is allowed within the residential land
22:20:00 use category.

22:20:01 Therefore, based on those facts, Planning Commission
22:20:04 staff finds the proposed request consistent.
22:20:12 >> Petitioner.
22:20:23 >>> My name is Ben Stossokovich, and I have been sworn
22:20:32 in. I'm representing Jill Giordano, who is the owner
22:20:38 of the property, and she's an attorney, and she
22:20:39 specializes in estate planning so most of her
22:20:42 clientele is minimal and it's by appointment only.
22:20:46 The reason I put the handicapped parking in the front
22:20:48 was, like was mentioned, because it's an easy access
22:20:53 into the front of the building.
22:20:55 And if we put it in the back, I would have to
22:20:58 eliminate more green space.
22:21:01 Right now one of the waivers is to reduce the rear
22:21:04 yard landscape buffer from 15 feet to 9.9.
22:21:12 And we will be putting up a concrete block wall as
22:21:15 requested by the neighbor directly in the back, and it
22:21:20 will match her residence, the stucco and finish, and
22:21:25 we will be paving the alley, which right now is just
22:21:33 grass to City of Tampa standards.
22:21:35 And that would also make access to the rear of the
22:21:37 property, the neighbor in the back, and the parking we

22:21:42 are proposing in the back.
22:21:43 >> What if we put in a handicapped space which is sort
22:21:49 of an oversize space in the back?
22:21:53 Maybe even made it a little more oversize, or else put
22:21:56 in -- what's that called, the turf block, pavers, that
22:22:03 sort of thing?
22:22:04 And so we approved the handicapped space in the back.
22:22:07 And then we gave you a waiver for the other spaces.
22:22:11 That way, if folks could park elsewhere on the alley
22:22:20 or something like that.
22:22:21 But most of the time, you could just have normal
22:22:24 parking in the handicapped space.
22:22:25 >>> Oh, that would be fine.
22:22:27 The alley is really overgrown all the way to the west.
22:22:34 There's really no access, even though the alley is
22:22:37 there, it's a dedicated alley.
22:22:40 The one in the back of the property has been abandoned
22:22:43 with a but whatever would satisfy to get the project
22:22:49 going, we would agree.
22:22:54 >>GWEN MILLER: Mr. Caetano has a question.
22:22:57 >>JOSEPH P. CAETANO: Those blocks, would they conform
22:22:59 to ADA accessibility?

22:23:02 Because they do have holes in them.
22:23:03 >>JOHN DINGFELDER: My point was to build a legitimate
22:23:07 concrete ADA space, but then you had additional blocks
22:23:13 over to the side of it.
22:23:14 That way, when it's not being used for ADA, then Mr.
22:23:19 Mrs. Giordano or whoever could park on the ADA space
22:23:26 and the turf block space.
22:23:31 >>> Melanie Calloway, transportation.
22:23:33 The ADA space is by state statute, federal law, that
22:23:39 you have to be handicapped and must have a sticker, or
22:23:43 your license plate, you must be disabled to be able to
22:23:45 northbound that space.
22:23:47 It can't be open to anything else but that.
22:23:49 Code requires that you must have ADA space, if you
22:23:53 have no other spaces.
22:23:54 I don't know if you are aware --
22:23:56 >>> It's not a mall.
22:23:57 This is a little one-person law office.
22:24:01 >>> Yes.
22:24:02 But it's an office.
22:24:03 It's an office.
22:24:05 You're zoning to an office.

22:24:08 That means that any office can go there.
22:24:10 Any general office, real estate office, these can also
22:24:14 be much busier than a one-person law office.
22:24:17 And they are asking a 50% waiver to reduction in
22:24:21 parking spaces.
22:24:22 It will be buffered by -- they are requiring a hedge
22:24:28 to be around to the help buffer.
22:24:29 >> Okay.
22:24:31 Is there a legal requirement for us to have those
22:24:33 other two spaces?
22:24:36 >>> You can waiver it --
22:24:38 >> So we can put in the ADA space and we can waive the
22:24:41 other two spaces, and then we can just see how nature
22:24:44 takes its course.
22:24:45 >>> It can go from six to one and you can provide one
22:24:48 ADA space.
22:24:49 >>> I was going to say we have done a previous
22:24:59 complete waiver to the parking and then they have done
22:25:01 the parking, but it was above and beyond.
22:25:03 Basically.
22:25:04 They could have the ADA space and if they could fit
22:25:06 another bun there to block, they could have it.

22:25:13 >>GWEN MILLER: Anyone in the audience wants to speak
22:25:14 on item 14?
22:25:15 >> Oh, yeah.
22:25:18 >> Come on up and speak.
22:25:21 You come back up when they finish.
22:25:22 >>MARTIN SHELBY: Did you want to say anything about
22:25:24 rebuttal?
22:25:25 Is there anything you wanted to add before rebuttal?
22:25:27 Thank you.
22:25:29 >>> Good evening.
22:25:29 My name is Erlene Randall and I live at 703 west
22:25:36 Braddock street.
22:25:37 Where he's talking about the brick wall, that's at my
22:25:43 bedroom window, and I prefer not brick wall because
22:25:49 I'm already locked in from the neighbor on my right.
22:25:56 The fence that -- I love my property.
22:26:05 I'm for her to get it but not the brick wall.
22:26:09 We had talked about the fence.
22:26:19 Oh.
22:26:19 >> What do you have now?
22:26:21 >> PVC.
22:26:22 We had talked about it before tonight.

22:26:24 >> Okay.
22:26:25 Thank you.
22:26:26 Next.
22:26:30 One more.
22:26:32 >>> William Fisher.
22:26:34 I live at 716 West Woodlawn Avenue.
22:26:37 To refresh council's memory we have been here a number
22:26:39 of times on the same strip on the same subject,
22:26:42 different houses.
22:26:44 I have to talk fast because Mr. Garcia said some
22:26:46 things, that property he said was 75% zoned
22:26:53 commercial.
22:26:53 Well, it was.
22:26:54 That's where the firefighters was.
22:26:58 There was no landscaping or nothing around that fence.
22:27:01 They are asking to you put a house up that's going to
22:27:03 have three parking spaces.
22:27:05 One of them happens to be handicapped which is going
22:27:07 to be two of them, that means you have no parking for
22:27:09 the lady to even work herself in.
22:27:11 So I don't know how you are going to convert this from
22:27:14 a house to an office.

22:27:15 Then on top of that -- is this thing on still?
22:27:29 Every time you come through this, the lots on North
22:27:34 Boulevard they are going to come back and try to
22:27:37 rezone again.
22:27:37 That's one more than the guy next door gets it.
22:27:41 Pretty soon the whole street.
22:27:42 And that's what we are trying to avoid.
22:27:44 Pictures that I have, the reason I'm here by myself
22:27:46 really, and not the neighborhood, if you remember the
22:27:49 29th of November we were here with a room full of
22:27:51 people.
22:27:52 Well, it's because this one, the sign that went up, up
22:28:02 against the house.
22:28:03 And the next picture I'll show you, by the time I got
22:28:09 to the zoning board, somebody to find out what is
22:28:13 going on, that's why I'm here by myself instead of the
22:28:15 whole neighborhood.
22:28:16 The other picture I want to show you is this one.
22:28:19 Where they showed the house which is next door which
22:28:21 is a residential house.
22:28:26 This is the residential house.
22:28:27 This here is the firefighters.

22:28:28 But this one over on the edge of the firefighters
22:28:31 union hall.
22:28:32 That whole section there is residential.
22:28:34 Even the firefighters union still is a is a house if
22:28:38 you look at it from the front.
22:28:39 And the last thing I want to show you, the reason I
22:28:42 tell you that I don't want another office in that
22:28:44 section, is that why would you want another office
22:28:47 there?
22:28:50 This is a picture from down the street.
22:29:00 And what I am trying to show you here, if you notice
22:29:03 one house for sale, an office for sale, another one
22:29:06 for sale, this one here is the firefighters union, and
22:29:12 that bush right there is the house that we are talking
22:29:13 about here which is like a block and a half.
22:29:18 But why put another office there?
22:29:21 When you have got all of these.
22:29:23 And you go down two blocks past that house and there's
22:29:26 another building there. I don't know if you are
22:29:27 familiar with the area but on the corner west there's
22:29:29 a block building that's been there for 350 years, and
22:29:32 been there forever, has no windows, nothing, right

22:29:36 next a big house converted over, it been vacant for a
22:29:40 couple of years and they can't sell it.
22:29:41 All of these vacancies.
22:29:43 If you go down North Boulevard and look again every
22:29:45 single one of these vacancies is an office there's not
22:29:48 one house along there that has a for sale sign.
22:29:51 Not one residential house.
22:29:52 Every single one of them is an office, or somebody has
22:29:56 converted to commercial.
22:29:57 And that's why we let the first few, and they think,
22:30:01 oh, they are supposed to improve the neighborhood.
22:30:03 Well, it didn't.
22:30:04 And you start having that sign there with the signage,
22:30:07 looks like going down the street all the office
22:30:09 buildings up for sale.
22:30:10 Thank you.
22:30:10 >>MARY MULHERN: Sir, where do you live in relation to
22:30:14 this?
22:30:15 >>> I live --
22:30:18 >> The proposed office.
22:30:19 >>> I'll get the map back out and show you.
22:30:30 This is Woodlawn Avenue right here.

22:30:32 I live in the middle of the block.
22:30:36 Just off of the map.
22:30:37 About four blocks down from me.
22:30:41 On North Boulevard.
22:30:43 >>JOSEPH P. CAETANO: Sir, one of those pictures you
22:30:45 said there was a house for sale where the law office
22:30:47 was.
22:30:48 I think I saw on that sign that was for rent.
22:30:55 It's going to be an owner occupied build field goal
22:30:57 she gets permission from this, she'll be in that
22:30:59 building with her so-called law office.
22:31:03 It's not going to be vacant.
22:31:04 >>> Okay.
22:31:06 But is she going to use it as a home office?
22:31:09 Is she actually going to live in the office?
22:31:12 Or is she going to leave it at night like the rest of
22:31:15 these buildings, leave it vacant with people hanging
22:31:18 out and hanging around the buildings when it's dark at
22:31:20 night and nobody there.
22:31:21 >>JOSEPH P. CAETANO: Why don't we ask her that?
22:31:28 >>CHAIRMAN: When he comes back to speak.
22:31:31 Not yet.

22:31:32 >>> Chris harden, North Boulevard, I have been sworn.
22:31:35 I can clear up some of the statements he just made.
22:31:37 He showed you one property that had a for-sale sign.
22:31:41 It's not a for-sale sign.
22:31:43 He's a realtor.
22:31:44 That's his actual business sign.
22:31:45 He's been there for 20-something years.
22:31:48 The other property that became property, Mark, he had
22:31:53 that property leased out for 12 years, and lease was
22:31:59 up a month and a half.
22:32:02 She's getting it cleaned up to get a new tenant in
22:32:04 there.
22:32:04 She tells me she already has two prospective clients
22:32:07 coming in.
22:32:07 There are several houses for sale along North
22:32:09 Boulevard.
22:32:10 I live on North Boulevard.
22:32:11 And it's no place to live.
22:32:12 The traffic increases on a daily basis.
22:32:15 The speeding there is unbelievable.
22:32:17 60, 65 miles per hour.
22:32:22 It's the best most viable use for this neighborhood.

22:32:24 All the offices are well maintained.
22:32:26 If you drive up and down that strip you will see
22:32:28 several rundown houses.
22:32:30 Sore in decent shape.
22:32:31 But the property showed you to the south just south of
22:32:36 the proposed property on the petition, it's a
22:32:38 residential but it has a residential office zoning as
22:32:42 Planning Commission staff showed you.
22:32:43 That's what you have to look at is the actual zoning,
22:32:46 not the uses now but the land zoning that allows for
22:32:48 that.
22:32:49 My petition was denied and I had the same intent.
22:32:52 We were trying to improve that corridor to fix it up
22:32:54 and make it professional offices.
22:32:56 People that maintain those properties, it's an
22:32:59 improvement to the entire neighborhood.
22:33:00 I was denied.
22:33:01 I tried because that's my intent to improve that
22:33:04 entire corridor, and other people have that intent.
22:33:07 The house that she's proposing now, it's in bad shape.
22:33:11 It's pretty much a shack.
22:33:12 And I have seen her elevation.

22:33:15 It's going to be a benefit to the neighborhood.
22:33:17 All of these offices are going to increase lighting,
22:33:20 increase security, have people there during the day
22:33:23 that watch the residents.
22:33:26 Normally you have breaking in all the time. If
22:33:28 there's an office there's somebody there between nine
22:33:31 and five.
22:33:31 Creating traffic problems, most offices have scheduled
22:33:35 appointments like myself.
22:33:37 You don't have extra traffic coming in.
22:33:40 You can't increase the traffic that's already there.
22:33:42 Traffic is only going to increase on North Boulevard.
22:33:44 We have an off ramp proposed from 275.
22:33:48 Heights project.
22:33:49 All the downtown condominiums.
22:33:52 More people coming.
22:33:52 More traffic issues.
22:33:53 I hope you grant this in order for our neighborhood to
22:33:56 move forward.
22:33:57 Thank you for your time.
22:33:59 >>GWEN MILLER: Next.
22:34:03 >>> My name is Kim Ireland.

22:34:04 I have been sworn in.
22:34:07 I too live in Riverside Heights.
22:34:09 I own property on two borders of Riverside Heights
22:34:13 which Martin Luther King, but behind me is all
22:34:18 doctors' offices, three-story buildings.
22:34:22 They are in and out nine to five.
22:34:24 It's good for the community.
22:34:25 It gives it a barrier against main arterial roads,
22:34:29 which North Boulevard, the only north-south road that
22:34:35 goes to downtown Tampa from Martin Luther King.
22:34:37 Every day the traffic increases.
22:34:40 The neighborhood association is for these plans, for
22:34:42 North Boulevard.
22:34:44 In 2004 planning staff commission said that this was
22:34:47 consistent with the comprehensive plan of North
22:34:50 Boulevard.
22:34:52 In 2007 they said it wasn't.
22:34:54 Then the city is now saying -- well, they are saying
22:34:57 it's consistent.
22:34:57 It is consistent.
22:35:01 Tampa is growing.
22:35:01 That stretch of land from Martin Luther King all the

22:35:04 way to downtown Tampa, you can drive there.
22:35:06 I ask you all to drive down there tomorrow and look at
22:35:08 the office that is are there now that do have people
22:35:11 living or working in here, their offices are there.
22:35:16 They are one of the better looking properties.
22:35:18 Aesthetically they are better than the residentials
22:35:20 that have been there for years, been rented out for
22:35:23 years, that are degrading, and constantly doing that.
22:35:26 Again, you are doing something to better our
22:35:30 community.
22:35:30 Like Mr. Fisher said there were a lot of people here
22:35:33 last time.
22:35:34 There was 32 people spoke on behalf of the Boulevard
22:35:37 project to change these over and 15 spoke against it.
22:35:40 But it was still denied.
22:35:42 It doesn't matter.
22:35:43 Point being, it is better for our neighborhood.
22:35:47 Everybody in the neighborhood, the majority of the
22:35:49 neighborhood association is more for it.
22:35:53 But again it's up to you guys.
22:35:54 I ask all look at the reports from 2004, 2007, and
22:35:58 this year, 2008, are what the comprehensive plan of

22:36:01 North Boulevard is, and you will see for yourself, for
22:36:07 the greater good, for the mixed use of Tampa.
22:36:09 I heard you guys talk this morning about suburban
22:36:11 mixed use is needed.
22:36:13 This is ideal for that.
22:36:14 It gives everybody something that the community needs,
22:36:19 the neighborhood wants.
22:36:19 I am for this.
22:36:20 And I hope that council votes for it as well.
22:36:23 Thank you.
22:36:24 >>CHAIRMAN: Would anyone else like to speak?
22:36:27 Okay.
22:36:27 >>> Jill Giordano, 806 East Jackson Street and I have
22:36:36 not been sworn.
22:36:38 (Oath administered by Clerk)
22:36:42 Yes, there was a question raised about what my intent
22:36:44 was for this office.
22:36:46 I do not plan on living at the office.
22:36:48 I currently have an office in downtown Tampa.
22:36:52 I rent.
22:36:52 This is an opportunity to have a small office.
22:36:56 I'm a full practitioners.

22:36:59 I don't even have a secretary.
22:37:01 I will not have a lot of traffic coming and going.
22:37:03 It will be by appointment only.
22:37:05 I don't do any criminal work or anything like that.
22:37:10 And I would like to address one issue that my neighbor
22:37:13 Mrs. Randall mentioned.
22:37:14 We had discussed the fence and way told her was that I
22:37:17 would do whatever the city permitted me to do.
22:37:19 I was under the impression that it had to be a block
22:37:22 fence.
22:37:23 If the city will permit the PVC fence, that's fine.
22:37:27 She can have whatever fence she wants.
22:37:36 >>LINDA SAUL-SENA: What happened to the tree?
22:37:38 >>> I'm not sure what tree you're talking about.
22:37:44 >> There was a tree that showed up in the aerial but
22:37:46 then when they went out to the property it was --
22:37:50 >>JOHN DINGFELDER: 18-inch tree in the back corner.
22:37:58 >>> Mary Daniels Bryce, Land Development Coordination,
22:38:01 I have been sworn.
22:38:02 There is a tree in the backyard.
22:38:04 That 18-inch tree.
22:38:06 I do have a picture of the stump.

22:38:09 It's right there.
22:38:11 >>> Right.
22:38:13 Okay.
22:38:16 >>> I had them cut down some --
22:38:40 >>LINDA SAUL-SENA: Can I ask a question?
22:38:41 I would like to ask the neighbor a question.
22:38:44 Do you know what happened to the tree?
22:38:46 >>MARTIN SHELBY: I'm sorry, ma'am, could you come up
22:38:49 here and state your name for the record is clear?
22:38:52 >>> My name is Erlene Randall.
22:38:58 That is not a tree.
22:38:59 That's where the owner before Jill purchased the
22:39:02 property.
22:39:05 They had cut a tree down.
22:39:06 But where they just didn't take it to the trash.
22:39:11 That's not a tree.
22:39:14 It was a cherry log tree.
22:39:19 >>LINDA SAUL-SENA: Thank you.
22:39:29 >>GWEN MILLER: Any other questions for the petitioner?
22:39:31 >>LINDA SAUL-SENA: Are you going to have a sign?
22:39:34 >>> Yes, it's my intention to put a small sign with my
22:39:36 name out front.

22:39:37 >>JOHN DINGFELDER: I had one other question.
22:39:43 I would like to hear council's opinion on this, Ms.
22:39:49 Saul-Sena and Ms. Mulhern.
22:39:51 The drawing -- while they get into the aesthetics,
22:40:01 maybe Mrs. Miller, too, the drawing shows sort of kind
22:40:04 of a lawyer-looking entry, which I appreciate.
22:40:11 Maybe you want to give up that sort of look.
22:40:13 But I thought we were kind of hoping that it would
22:40:16 just continue to look more like a house.
22:40:18 And I'm just wondering, any thoughts on that or
22:40:22 anything, to tone it down a little bit?
22:40:29 It sort of jumps out at me, a little more grand.
22:40:32 >>> Well, we are redoing the roof line.
22:40:34 I thought that was going to be an improvement to the
22:40:36 front of the house.
22:40:37 I mean, I guess the columns are negotiable.
22:40:40 I'm not really --
22:40:41 >> I don't usually get into being picky but I think
22:40:44 the whole thing with the neighborhood is to try to
22:40:46 keep the residential flavor.
22:40:49 I'm inclined to agree with it.
22:40:53 But I just was hoping maybe a small sign, not a big

22:40:58 entry and all that kind of thing, not a parking space
22:41:01 in the front.
22:41:02 >>> Okay.
22:41:09 >> Are they double doors?
22:41:19 >>> Yes, double doors.
22:41:20 >>> I thought it was going to be an improvement on the
22:41:26 front of that house actually.
22:41:29 >>JOHN DINGFELDER: I would like to see it continue to
22:41:31 look residential.
22:41:32 I don't know.
22:41:36 >> Houses have double doors.
22:41:38 >> Double doors on a house.
22:41:40 >>JOHN DINGFELDER: All right, all right.
22:41:42 Anyway, if we waive the parking requirement and just
22:41:45 leave you, can you put the ADA in the back and we'll
22:41:49 waive the other parking?
22:41:50 >>> Yes, I'm sure we can put that in the back.
22:41:52 >> Even over staff's objection.
22:41:55 Thank you.
22:41:57 >>> I just want to be sure based on the gentleman who
22:42:00 said that before they had a lot of people here and it
22:42:04 was in the same area, I'm sure they met the same

22:42:07 requirements, met the same requirement of notice to
22:42:09 those in the area.
22:42:10 So everyone if they didn't see the sign they were
22:42:14 noticed by mail.
22:42:15 Is that accurate?
22:42:15 >>> Yes, they were noticed by mail and a sign was
22:42:18 posted.
22:42:18 >> I want to make sure also that the note, that's
22:42:24 required.
22:42:26 >>> This issue on the posting of the sign awhile back
22:42:29 and we clarified where the sign should be.
22:42:33 >> It's supposed to be within X number of feet of the
22:42:36 front right-of-way.
22:42:42 Jill, do you know how the code is on that?
22:42:44 >>> I would have to look into that.
22:42:46 I'm not quite certain.
22:42:54 >> Between first and second reading let's make sure
22:42:56 that our notice is in the right location.
22:43:03 Oh.
22:43:04 >>THOMAS SCOTT: The other thing I want to make
22:43:06 observation while the community continues to come out
22:43:08 and raise issues about -- if you drive North Boulevard

22:43:12 now, and I understand that, down North Boulevard, it
22:43:15 is really -- I'm telling you.
22:43:20 Now, walk down North Boulevard.
22:43:26 The other reason I vote against the other project was
22:43:28 because it was intrusive into the neighborhood,
22:43:30 whereas this is fronting North Boulevard, okay?
22:43:34 And so the issue becomes for this council is that, you
22:43:39 know, while it's residential facing North Boulevard,
22:43:42 reality is, if I was looking for a home I would not
22:43:46 buy a residence on North Boulevard.
22:43:48 I would not.
22:43:51 >>CHAIRMAN: Ms. Mulhern.
22:43:52 >>MARY MULHERN: This is a question for you, Jill.
22:43:57 I want to make sure this map is correct.
22:43:59 Because it looks like it's all zoned residential
22:44:01 office.
22:44:02 Around there.
22:44:02 Except for the PD.
22:44:04 >>> PD to the north and south is RS.
22:44:08 >>CHAIRMAN: We need to close the public hearing.
22:44:12 >>> So moved.
22:44:13 >> Second.

22:44:13 (Motion carried).
22:44:14 >>CHAIRMAN: Do we have an ordinance?
22:44:18 >>> Can the motion also state that they would also
22:44:25 think that based on the recommendation by council,
22:44:30 they would have to add a waiver to the site plan for
22:44:32 the parking?
22:44:34 They will have to modify their waiver.
22:44:38 >>JOHN DINGFELDER: Put the ADA in the back.
22:44:41 >>> Yes, fur going to do it down to one state.
22:44:43 >>MARTIN SHELBY: Council, with regard to the fence.
22:44:48 >>JOHN DINGFELDER: PVC.
22:44:49 >>> This will be graphical in nature and they will
22:44:53 have to continue their second reading out at least
22:44:55 four weeks.
22:44:59 >>JOSEPH P. CAETANO: Rezoning property in the general
22:45:01 vicinity of 3114 North Boulevard in the city of Tampa,
22:45:04 Florida and more particularly described in section 1
22:45:06 from zoning district classifications RS-50 residential
22:45:11 single-family to RO residential office, providing an
22:45:14 effective date.
22:45:21 And put a PVC fence and wipe out one. Handicapped
22:45:25 spaces.

22:45:26 >> No, modify the parking waiver.
22:45:31 >>JOSEPH P. CAETANO: That will be part of it.
22:45:32 >> Down to one space located in the back.
22:45:36 >>JOHN DINGFELDER: Put ADA in the back.
22:45:38 No waivers on the other.
22:45:40 >>CHAIRMAN: We have a motion and second.
22:45:41 (Motion carried).
22:45:42 >>THE CLERK: Motion carried with Miranda being absent
22:45:49 at vote.
22:45:49 Second reading and adoption will be on February
22:45:51 7th at 9:30 a.m.
22:45:55 >>MARTIN SHELBY: I believe it's going to have to go
22:45:57 up --
22:45:58 >>CHAIRMAN: Four weeks.
22:45:59 February 7th.
22:46:00 That's four weeks.
22:46:04 >>LINDA SAUL-SENA: Madam Chairman?
22:46:06 On the corner of Columbus drive and the Boulevard
22:46:14 there, there is a very ratty looking clothing stand
22:46:19 and has been there for 25 years.
22:46:20 But that's no reason to continue.
22:46:23 I would like to ask code enforcement for a report on

22:46:26 that.
22:46:30 I don't understand why that's allowed.
22:46:32 So I am going to try one more time.
22:46:34 I would like to ask code enforcement, on the northwest
22:46:39 corner of North Boulevard and Columbus drive on
22:46:44 whether that -- what will I call it?
22:46:53 Whether the outdoor -- outdoor clothing display.
22:47:04 >>MARTIN SHELBY: Outdoor vendor?
22:47:08 >>LINDA SAUL-SENA: Outdoor vendor?
22:47:09 We don't allow those.
22:47:10 >>> I'm just saying what he is.
22:47:12 >>LINDA SAUL-SENA: Okay, outdoor vendor.
22:47:15 And I would like to get a report back in 30 days,
22:47:18 written report under staff report.
22:47:22 No, and an appearance.
22:47:23 I want someone to explain this thing.
22:47:26 The first council meeting in February to have a staff
22:47:30 report telling us, with staff to appear and report on
22:47:35 the legality of the outdoor vendor at the corner of
22:47:40 North Boulevard and Columbus drive.
22:47:45 >>CHAIRMAN: Motion dies for lack of second.
22:47:47 Let's go.

22:47:48 >>> Would you like for me to read the posting
22:47:51 requirements for the sign?
22:47:52 >>CHAIRMAN: No.
22:48:07 >>> Mr. Dingfelder, to clarify there is no distance
22:48:09 requirement from the public right-of-way for the sign.
22:48:11 It just goes in a conspicuous plain.
22:48:15 >> A conspicuous place in the front yard?
22:48:18 >>> Yes.
22:48:20 Not obstructed by a building.
22:48:27 >>JOHN DINGFELDER: I'm not happy with it but I believe
22:48:29 you.
22:48:31 >>JILL FINNEY: Land Development Coordination.
22:48:32 We are here for petition Z-07-104 located at 8601
22:48:37 North Florida Avenue going from a PD, planned
22:48:40 development, with a restaurant and drive-in use to CI
22:48:45 commercial intensive.
22:48:47 Euclidean request, no waivers are permitted with this
22:48:50 request.
22:48:51 The petitioner proposes to rezone the property in
22:48:54 order to restore the original zoning and allowable
22:48:57 uses on the site.
22:48:58 The site is approved and has a PD use of fast food

22:49:06 restaurant, drive-in window, not been built out,
22:49:09 however.
22:49:09 The CI zoning requires a minimum of 10,000 square feet
22:49:12 and the site contains approximately 17,000 square
22:49:15 feet.
22:49:15 The development must adhere to all City of Tampa land
22:49:19 development regulations at the time of permitting.
22:49:21 >> May I just interrupt?
22:49:23 I believe they were all opened --
22:49:31 >>> We had them open others individually.
22:49:34 >>CHAIRMAN: Doing each one as they go along.
22:49:36 >>> There has been.
22:49:38 So was there a motion and a second?
22:49:40 >> Motion and second.
22:49:42 All in favor of the motion say Aye.
22:49:43 Opposed, Nay.
22:49:46 >> Just as a suggestion.
22:49:49 The graphic you have down on the bottom that talks
22:49:51 about CI and the minimum lot square footage that sort
22:49:54 of thing, that's helpful.
22:49:56 But when you get to a Euclidean like this, it would
22:49:58 probably be helpful to have a list of the uses.

22:50:02 It's something that's easy to cut and paste.
22:50:05 That way, you don't have to go through it before, now.
22:50:10 >> As you can see on the zoning map the entire
22:50:16 corridor north to south is zoned CI.
22:50:27 Here is an aerial.
22:50:33 Watters to the south.
22:50:35 275 to the east.
22:50:40 Here is a picture of the site.
22:50:44 This is to the rear of the site.
22:50:48 Auto parts store adjacent to it.
22:51:00 Check cashing place located directly to the south.
22:51:04 And across the street, they have car lot.
22:51:18 City staff found this application request consistent.
22:51:22 I'm available if you have any questions.
22:51:25 >>LINDA SAUL-SENA: I think this is appropriate for CI.
22:51:28 So they have zoning but --
22:51:34 >>> right.
22:51:35 They have been approved for the PD.
22:51:37 >>TONY GARCIA: Planning Commission staff.
22:51:52 I have been sworn.
22:51:54 Yes, Ms. Saul-Sena, you're right, this is one of the
22:51:57 better places to have CI uses, write is along one of

22:52:00 your major north-south arterial roads which is a
22:52:03 commercial corridor and which is very well-known as
22:52:05 having a variety of commercial uses of general
22:52:09 commercial intensive commercial uses on the site.
22:52:12 As you can see by the aerial, this is actually just
22:52:16 south of Busch Boulevard so you are going basically
22:52:19 into what they call auto row.
22:52:22 As you head north of this section at Yukon, you go
22:52:26 north, and you receive car lots.
22:52:30 That's basically what happens.
22:52:31 You have large swaths of commercial uses that are
22:52:35 dedicated to your more heavy commercial uses.
22:52:39 Planning Commission staff found the proposed request
22:52:42 consistent.
22:52:46 >>CHAIRMAN: Petitioner.
22:52:57 >>> Jessica Mahoney, 101 East Kennedy Boulevard, Suite
22:53:01 2800.
22:53:04 I'm here for Al Spokas.
22:53:08 I don't want to reiterate everything you have already
22:53:11 seen from staff.
22:53:12 But as a point of interest, our client is the contract
22:53:16 purchaser of the property and intends to go through

22:53:19 with the acquisition assuming the rezoning is
22:53:23 approved, and his hopeful use for the property is
22:53:28 commercial retail sales of wheels, tires, truck
22:53:32 accessories and some minor vehicle repairs within the
22:53:35 meaning of the code.
22:53:39 >>CHAIRMAN: Is there anyone in the public that wants
22:53:40 to speak on item number 16?
22:53:44 >> Move to close.
22:53:46 >> Second.
22:53:46 (Motion carried).
22:53:47 >>LINDA SAUL-SENA: Move an ordinance rezoning property
22:54:00 in the general vicinity of 8601 North Florida Avenue,
22:54:05 Tampa, Florida, more particularly described in section
22:54:06 1 from zoning district classifications PD planned
22:54:09 development restaurant use, to CI commercial
22:54:11 intensive, providing an effective date.
22:54:13 >>GWEN MILLER: I have a motion and second.
22:54:14 (Motion carried)
22:54:16 We need to open 18.
22:54:18 >>THE CLERK: Motion carried with Caetano and Miranda
22:54:23 being absent and vote.
22:54:25 February 7th at 9:30 a.m. will be second reading.

22:54:30 (Motion carried)
22:54:31 >>> Number 18.
22:54:42 Yes, ma'am.
22:54:42 I'm here just to wake you up.
22:54:44 A little song and dance and be out of here.
22:54:47 No, I do have a purpose here.
22:54:49 The reason I am here is to give you a little
22:54:50 historical background about this case, because it has
22:54:53 been before you before and I am here to tell you why
22:54:56 it is before you again.
22:55:00 Back in September --
22:55:01 >> Name and title for the record.
22:55:02 >>> Oh, that's right.
22:55:04 Gary glassman, legal department.
22:55:06 Forgive me.
22:55:09 Back in September of 2006, a petition to rezone was
22:55:13 submitted.
22:55:15 I won't go through all the details because it's not
22:55:17 necessary.
22:55:17 What did happen was eventually after two hearings, the
22:55:23 council at that time, which I think only three of you
22:55:26 presently were on that particular council, council

22:55:29 voted to deny the petition.
22:55:32 A writ of certiorari was taken and Judge Pendino heard
22:55:37 the writ and was not surprised with the city's
22:55:44 argument, which surprised me because I thought it was
22:55:46 pretty good, but he brought out the fact that both the
22:55:48 Land Development Coordination office and that the
22:55:52 Planning Commission had both recommended approval.
22:55:55 That meant the council should have recommended
22:55:57 approval.
22:55:58 Now I tried to explain to Judge Pendino that it
22:56:02 doesn't work that way necessarily.
22:56:03 But he didn't agree with me.
22:56:04 >> Otherwise, why would we waste our time being here?
22:56:08 >>> I wish I had with you me.
22:56:12 Maybe you could have persuaded him better.
22:56:13 In any event, all those years of Harvard law school
22:56:17 just didn't pay off for me.
22:56:19 And the judge ruled against me.
22:56:21 And I hate to say that, but that does happen on
22:56:24 occasion.
22:56:24 Quashed the decision and sent it back.
22:56:28 Your role this evening is to essentially hear the case

22:56:30 anew.
22:56:31 That's why we have not asked you to review the tapes
22:56:34 or the evidence from before.
22:56:36 That's why frankly I am not going into it at this
22:56:39 point.
22:56:40 We are here as though you have not heard it before,
22:56:43 though you have.
22:56:43 If you have any questions, obviously my role is to
22:56:47 give you a little procedural background.
22:56:48 You will decide the case in any way that you like.
22:56:51 >>JOHN DINGFELDER: Question.
22:56:54 I can't remember if this case preceded the requirement
22:56:58 for us to put findings on the record and that sort of
22:57:00 thing.
22:57:01 Did we put any findings on the record the last time?
22:57:04 >>> I can tell you that there were some, but it was
22:57:08 very, very brief.
22:57:10 And I think that was another thing that the judge was
22:57:12 not happy with.
22:57:14 Basically, the motion was made on the evidence,
22:57:20 largely on the neighbor's comments.
22:57:22 And the judge did not find that compelling.

22:57:26 So was there an actual finding of fact?
22:57:31 That there was something said during the motion, yes.
22:57:33 But it was not in detail.
22:57:36 Which may mean that we should talk a little later on
22:57:41 when you are going to deny the fact we need to put on
22:57:44 the record -- did.
22:57:45 >>JOHN DINGFELDER: We have been more diligent on that.
22:57:48 And that's why I was wondering --
22:57:52 >>MARTIN SHELBY: I should also point out, council,
22:57:54 that the hearing took place at a time very similar to
22:57:57 this one, which was late in the evening.
22:58:01 >>> Yes.
22:58:03 >>JOHN DINGFELDER: Whose motion was it, just out of
22:58:06 curiosity, do you remember?
22:58:08 >>> Yes.
22:58:13 Who ran against -- (unintelligible). I'm sorry to put
22:58:17 it that way.
22:58:17 But the only way I could remember was to put that the
22:58:20 way.
22:58:20 >>MARTIN SHELBY: Okay, thanks.
22:58:22 >> Any other questions?
22:58:25 >> Do we have our red and blue map?

22:58:28 >>> No, I'm not here to represent.
22:58:32 I'm just here to give you background and justify my
22:58:35 salary.
22:58:35 Thank you.
22:58:38 >>JOHN DINGFELDER: I was wondering why you were here.
22:58:58 >>MARTIN SHELBY: You're passing out a staff report?
22:59:02 >>> It was doc agendaed.
22:59:19 I would like to submit this into the record as well.
22:59:26 >>MARTIN SHELBY: Did you give that to the clerk?
22:59:28 Thank you.
22:59:40 >>JILL FINNEY: Land Development Coordination.
22:59:41 I have been sworn.
22:59:57 We are here for petition Z 06-133 located at 8315,
23:00:02 8313, and 8311 north 37th street.
23:00:07 This petition is going from an RS-60 residential
23:00:13 single-family zoning to a requested RS-50
23:00:16 single-family zoning.
23:00:18 The petitioner proposes to rezone the property to
23:00:21 create two buildable lots measuring 50 by 121.78 for a
23:00:28 total of 6,089 square feet and bring the parent parcel
23:00:33 lot number 3 with an existing house into compliance
23:00:36 with the RS-50 zoning district regulation.

23:00:40 The subdivision was originally platted in 1914 with
23:00:45 50-foot and 60-foot wide lots.
23:00:47 Lots 2 and 4 are currently vacant.
23:00:50 The standard setbacks RS-50 are as follows: 20 feet
23:00:54 to the front yard, 20 feet to the rear, 7 feet to the
23:00:56 side yard.
23:00:57 This request is for Euclidean zoning district.
23:00:59 Therefore, no site plan is required and all
23:01:03 regulations must be met.
23:01:05 The proposed construction will meet the RS-50
23:01:11 standards.
23:01:18 Here is the zoning map of the area.
23:01:23 You can see it's directly across the -- there is the
23:01:28 Hillsborough River to the west.
23:01:35 Here is an area.
23:01:41 And here is the red-blue map.
23:01:48 Our 60 lots that were surveyed, 43 of the lots are
23:01:51 conforming at RS 06 and higher and 17 of them are
23:01:56 nonconforming.
23:01:57 So that's approximately 72 feet are conforming and 28%
23:02:01 are nonconforming.
23:02:10 Here is a picture of the subject property.

23:02:14 And this is the structure.
23:02:19 This is log across towards the river to the west.
23:02:24 This is looking south on 37th.
23:02:33 This is the house that is abutting to the north and
23:02:36 the single-family home abutting to the south.
23:02:44 City staff found this petition to be consistent with
23:02:47 the regulation.
23:02:49 I'm available for questions if you have any.
23:02:51 Thank you.
23:02:57 >>TONY GARCIA: Planning Commission staff.
23:03:06 I have been sworn.
23:03:09 Comprehensive plan, land use category for this
23:03:12 particular area, residential 10, as you can see right
23:03:16 here on 37th street.
23:03:18 And residential 20 increases to CMU 35.
23:03:27 As you can see by the -- you have a variety of
23:03:32 different lots and if you have listened to what Mrs.
23:03:35 Karsi had stated this was platted in 1914 with a
23:03:38 variety of fifteen 06-foot sites.
23:03:42 This parcel over here is basically being brought in
23:03:45 with this parcel, there's already a home on here, just
23:03:48 being split to allow development in this vacant parcel

23:03:52 just coming in on its own.
23:03:53 So these two parcels are vacant.
23:03:55 This will allow for two RS-50 lots and will allow for
23:03:59 new residential in-fill in an area that sorely is in
23:04:02 need of new residential in-fill.
23:04:05 Based on that, Planning Commission staff found the
23:04:08 proposed request consistent with the comprehensive
23:04:10 plan.
23:04:11 >>CHAIRMAN: Mr. Dingfelder?
23:04:12 >>JOHN DINGFELDER: Tony, let me ask a question to Joe
23:04:16 or Abbye, whoever.
23:04:24 Jill, will you put up the map and let's identify this
23:04:29 map with a little more detail?
23:04:30 This is the map prepared by Land Development
23:04:33 Coordination dated October 16th, 2006.
23:04:38 Up in the top right-hand corner it says Z 06-133,
23:04:42 RS-60 to RS-50.
23:04:44 Okay?
23:04:45 We call it the red, blue and green map, I guess.
23:04:49 Will you put that map on the overhead?
23:04:54 I just want to make the record a pun abundantly
23:04:56 enclosure on this.

23:04:59 The properties that are on 37th street facing the
23:05:02 park, and what is that, the lake, the river?
23:05:05 >>> Yes, the river.
23:05:06 >> Okay.
23:05:09 Every single one of those properties that I'm looking
23:05:11 at along here is conforming to RS-60.
23:05:16 Correct?
23:05:17 >>> Yes, that's correct.
23:05:18 >> And that stretches for what appears to be three
23:05:22 blocks.
23:05:22 >>> Yes.
23:05:23 >> More than nine, ten, eleven, 12, 13, 14, 15, 16,
23:05:33 17, 18 properties, okay.
23:05:36 The entire face of north 37th street for those
23:05:40 three blocks, and the evidence is in front of us.
23:05:44 They are all conforming to the zoning code that's in
23:05:48 place today in RS-60, correct?
23:05:51 >>> Yes.
23:05:52 >> I just wanted to make sure that I'm reading this
23:05:54 map properly.
23:05:55 Thank you.
23:06:06 >>MARTIN SHELBY: Had an opportunity to briefly discuss

23:06:10 this with land development.
23:06:11 And I just wanted to bring to council's attention a
23:06:15 provision in the code about the creation of reduction
23:06:18 of lot size, 27-25.
23:06:20 I would like to give a copy to council to refresh your
23:06:24 recollection, particularly 27.25.
23:06:29 Thank you.
23:06:33 >>CHAIRMAN: Petitioner?
23:06:34 >>LINDA SAUL-SENA: Wait.
23:06:37 Can I ask staff a question about this for a moment
23:06:40 before the petitioner comes up?
23:06:41 Staff.
23:06:43 If it says no new lot can be created, then how can
23:06:48 this person even pet petition for this?
23:06:50 This is very clear.
23:06:51 Even I, a nonlawyer, can understand no new lot can be
23:06:55 created.
23:06:59 >>> That means without petitioning for rezoning.
23:07:02 That's saying if you had a parcel that was larger, say
23:07:08 you had a 100-foot parcel or 120-foot parcel and you
23:07:11 would want to do a lot before it.
23:07:13 When you do a lot, when you create new lots from a

23:07:17 larger parcel, this is the criteria that is used in
23:07:20 the creation of those new lots.
23:07:21 That would not require rezoning request.
23:07:26 >> It doesn't sound like that when you read it.
23:07:29 It sounds like you can't do it unless it's in
23:07:32 conformity with the regulations of applicable --
23:07:38 requirements of applicable regulations.
23:07:39 >>> This is the criteria when we use when we do
23:07:41 internally. When you come in administrative --
23:07:44 >> Someone needs to look at this.
23:07:45 >>> Let me just explain for a moment, Mrs. Saul-Sena.
23:07:48 If I had a 100-foot frontage and I wanted to create
23:07:52 two RS-50 lots, 50 by 100, and my zoning was RS-50, I
23:07:57 could split those two lots and create two 50 by 100
23:08:01 lots, without coming before you for rezoning.
23:08:06 In this instance, they are creating a new lot, two new
23:08:10 lots, by reducing that.
23:08:13 >> But it says in conformity with the requirements of
23:08:16 applicable regulations.
23:08:18 >>> Right.
23:08:21 Which is why they are rezoning.
23:08:24 >> And I believe you have explained -- I'm sorry.

23:08:36 >>> You are just reading one clause.
23:08:38 And there are other clauses elsewhere that talk about
23:08:41 how you come in for a rezoning to break away from this
23:08:44 clause.
23:08:45 >>> And the question is, this is the criteria that is
23:08:49 used --
23:08:51 >>> yes.
23:08:51 If you will look further on you will see how it
23:08:53 discusses the development pattern in relation to 1320
23:08:56 square feet of the property.
23:08:58 And that is what we look at when they are looking to
23:09:00 create a new lot or reconfigure that lot in a way that
23:09:03 is not -- say the lot currently faces north-west,
23:09:07 and -- I mean north-south and now they want to create
23:09:10 two lots which face east-west.
23:09:13 We would look at the development pattern of
23:09:15 surrounding 1320 square feet and make that
23:09:18 determination.
23:09:19 And that's where the red-blue comes in and why we
23:09:22 pulled that to give the amount of the subdivision in
23:09:26 relation to the site.
23:09:27 >>MARTIN SHELBY: I'm sorry to interrupt.

23:09:28 But then that references back to the comprehensive
23:09:31 development.
23:09:32 >>> The future land use element that talks about the
23:09:36 compatibility of those land uses.
23:09:40 >>JOHN DINGFELDER: So if it's 72% conforming, and 28%
23:09:44 nonconforming, why is the staff opinion recommending
23:09:48 consistent and no objection?
23:09:57 >>> For in-fill housing, this is based on a policy of
23:10:00 the comprehensive plan that promotes in-fill housing,
23:10:02 and the in-fill housing, staff at the time of the
23:10:09 review of this application believed this is in-fill
23:10:12 housing.
23:10:13 It's council's discussion to take the policies of the
23:10:15 comprehensive plan plus the evidence provided and make
23:10:18 their decision.
23:10:21 >> So staff doesn't look at another provision, in-fill
23:10:26 housing and come to this conclusion, everyone though,
23:10:29 in this particular neighborhood, there are 1320 square
23:10:33 foot radius, 72% of the properties are conforming.
23:10:37 >> I don't know this area -- this is a public park
23:10:45 along the river.
23:10:46 Is it?

23:10:47 And unless you consider that a blighted neighborhood.
23:10:51 >> It's gorgeous.
23:10:54 I believe the determination of staff has made that
23:10:57 within close proximity to this area that there may be
23:11:00 some blighted areas that could benefit from the
23:11:02 in-fill housing.
23:11:05 >>GWEN MILLER: Petitioner?
23:11:11 >>> Laura Ferguson.
23:11:13 I have been sworn in.
23:11:14 And actually, this was, back in March of 2007, where
23:11:22 we did come before you, and it was rejected but in
23:11:27 this case I was also -- everything on the front of 37
23:11:33 were conforming to 06 and -- 60 and that's incorrect.
23:11:37 This particular house here is actually built in 2001,
23:11:42 I believe.
23:11:45 2003.
23:11:45 And that's actually '55 so that's incorrect.
23:11:50 >> Can you point that out?
23:11:53 >>> They didn't approve it for -- but it's on a 55
23:11:57 lot.
23:11:57 If you click on that particular address, it's on a 55
23:12:00 lot.

23:12:00 >> So you think it was done illegally then?
23:12:03 >>> I couldn't tell you.
23:12:04 I'm just telling you this house here is new.
23:12:06 This is one of the newer homes that's on that block.
23:12:08 >> Do you know the address?
23:12:10 >>> Yes.
23:12:10 I can get you the address.
23:12:15 The address is actually 84 -- I believe it's like
23:12:39 8419.
23:12:41 8419 37th street.
23:12:50 Actually, I can show you.
23:12:54 It is a 65. (Off microphone)
23:13:03 It's not a 50.
23:13:05 But also I want to explain to you also, this house
23:13:07 here is a block away.
23:13:11 That's a rooming house.
23:13:13 That's directly on the corner.
23:13:14 And it's not in an -- it's directly across the street
23:13:19 from the park where they have daycare.
23:13:21 And the association, if you are saying that that
23:13:28 street is a street that has all the houses a certain
23:13:33 way but incorrect, this house here is also directly

23:13:40 beside the lot.
23:13:43 And this is the reason why a lot of the houses on 60,
23:13:46 is because of the width of the front of the house.
23:13:50 But you notice the house that I just showed you is a
23:13:52 house, it goes deep into the house.
23:14:00 It still has a large backyard.
23:14:02 The house I am trying to put on those two lots are
23:14:05 three bedrooms, two bath, one-car garage.
23:14:08 Right now, there's a house that sits in between there
23:14:12 that no one wants to buy because there are two lots
23:14:16 beside it and it's not owned by the person -- the two
23:14:20 lots on the side is not the same owner of the house in
23:14:23 the middle.
23:14:24 That's owned by a bank.
23:14:26 So right now, the way that is sitting, you can't do
23:14:29 anything with the lots, and you have people from the
23:14:31 park sitting there just pretty much loitering under
23:14:36 the big tree.
23:14:37 You also have the daycare that's across the street.
23:14:41 She's been there for the past six years.
23:14:46 She's seen a lot of activity because pretty much the
23:14:48 house in the middle is vacant and the two lots has a

23:14:51 lot of trees.
23:14:52 So you have a lot of people dumping.
23:14:54 So it's really a sore eye to keep them vacant the way
23:14:59 they are.
23:15:02 And back in 1946, I forget the year where you
23:15:08 implemented the 60 by 100, that was mainly because of
23:15:14 structures of the house, they are wide, and nowadays a
23:15:17 lot of the houses are not that wide.
23:15:19 You really don't need the 60 by 100 and I understand
23:15:23 you are saying that 37th street, all of them are
23:15:25 conforming, and they really isn't, mainly because of
23:15:28 that one house that I showed you, and also you have
23:15:30 about three other lots that are vacant on that same
23:15:34 street.
23:15:34 Which you can't do anything with because it's
23:15:37 nonconforming.
23:15:38 You can't put out -- no one wants to split them up and
23:15:41 have 40, and then a 60.
23:15:44 Those are the lots 100 wide.
23:15:46 And every time -- I'm a realtor as well, and
23:15:49 unfortunately no one wants to purchase that lot unless
23:15:53 you can actually divide it up and put two houses

23:15:55 instead of one.
23:16:02 >>CHAIRMAN: Let me see if there's anyone here in
23:16:04 opposition.
23:16:05 Is there anyone in the public that wants to speak on
23:16:07 item number 18?
23:16:08 Come up and speak.
23:16:19 >>> Oh
23:16:29 (Oath administered by Clerk).
23:16:33 >>> My name is Derrick Wynn.
23:16:38 The reason why the judge has seen it like this --
23:16:42 >>JOHN DINGFELDER: Just a clarification.
23:16:43 You're the owner and the petitioner, right?
23:16:45 >>> Yes.
23:16:45 >> Just wanted to clarify.
23:16:47 >>> Okay.
23:16:47 And to be honest with you, I looked over the tape, and
23:16:53 there was a lot of reasons why the judge had made his
23:16:55 decision.
23:16:56 And to be honest with you, because there were two
23:16:59 people missing up here.
23:17:01 And not only that, the district, it was a tie vote.
23:17:08 You even voted for it last time.

23:17:09 I'm surprised you don't remember.
23:17:11 Glen Miller voted for it.
23:17:13 It was a tie vote.
23:17:14 But the final decision maker was not even in.
23:17:18 And you voted for it.
23:17:19 And I'm just letting now, she said how nice it is over
23:17:23 there. But you look at these pictures here.
23:17:28 You got four houses.
23:17:30 There's only like eight houses on that street.
23:17:32 You got a rooming house three houses down, someone was
23:17:38 here that had to leave early, showed you the rooming
23:17:41 house that they tried to get rid of and we talked to
23:17:43 the neighborhood association about it.
23:17:45 They talked to the neighborhood association about it.
23:17:48 It's a rooming house where you have three houses where
23:17:50 air conditioning is still in the window with clothes
23:17:53 like.
23:17:54 So I'm talking about compatibility.
23:17:57 There's no such thing.
23:17:58 And the house that's in the middle we don't even own.
23:18:04 >>THOMAS SCOTT: Do we have anybody in opposition?
23:18:06 That's all I want to know.

23:18:07 >>GWEN MILLER: Nobody.
23:18:08 >>MARY MULHERN: I just wanted to say I wasn't saying
23:18:11 it was a nice neighborhood.
23:18:13 Because I don't know the neighborhood.
23:18:14 I was just wondering.
23:18:15 >>> No, compatibility.
23:18:22 >> Does anyone live in the house?
23:18:24 >>> That house we don't own it.
23:18:27 It's house that is need to be rezoned.
23:18:29 And were grandfathered in.
23:18:33 And they are on 60-foot lot that need to be rezoned.
23:18:39 >> I'm sorry, it is late and I probably should know.
23:18:41 This but do you live on this street now?
23:18:43 Or you are just --
23:18:45 >>> no.
23:18:45 My house is like three houses down.
23:18:50 It's on a 65-foot lot.
23:18:52 >>LINDA SAUL-SENA: I have a question for staff.
23:18:57 Before there were tree three lots but we received a
23:18:59 letter that maybe the lot in the middle, do we need to
23:19:05 clarify that?
23:19:09 Do you know what I'm talking about?

23:19:10 >>> Yes, that's the one in the middle, we had to get
23:19:17 the affidavit in, and they had sent a letter stating
23:19:20 for us --
23:19:22 >>> I believe what happened was all three lots would
23:19:23 be nonconforming, so they approached the middle house
23:19:27 neighbor and asked them to join in on this rezoning,
23:19:31 and --
23:19:36 >> The house in the middle, they have to get a
23:19:38 rezoning along with two other houses that should be
23:19:40 rezoned.
23:19:42 Because they can't get insurance on the house in the
23:19:44 middle.
23:19:45 Because it's nonconforming.
23:19:51 >>JOHN DINGFELDER: I have a question.
23:19:57 I did have a recollection for this, but at the same
23:20:01 time I have an issue about the judge reversing us
23:20:07 because we didn't agree with staff.
23:20:09 So, anyway, that's neither here nor there because I
23:20:13 think we have a right to disagree with take.
23:20:15 Staff.
23:20:15 Otherwise we wouldn't be here wasting our time.
23:20:17 This doesn't really relate to your case.

23:20:19 It's just sort of an opinion.
23:20:20 I want to get down to something real important.
23:20:24 What do you own on these three lots?
23:20:28 >>> Okay.
23:20:29 When I first came here I, my grandmother wanted to
23:20:33 build a house.
23:20:34 >> Simple question.
23:20:35 >>> Okay.
23:20:36 >> What does Derrick Wynn own on these three lots?
23:20:41 Do you own any of these?
23:20:42 >>> I own 8305 and 8311.
23:20:48 >> 8315 and 11.
23:20:53 >> Not the house in the middle.
23:20:54 >> Who owns the house in the middle?
23:20:56 >> Wells Fargo bank.
23:20:57 That's the one with the affidavit because they are not
23:21:00 even in this area.
23:21:00 >> I'm looking at something here that you signed in
23:21:10 regard to the affidavit of ownership.
23:21:13 And it says owner's name, Derrick Wynn, wells Fargo
23:21:18 bank.
23:21:19 And it lists all three properties.

23:21:22 Okay.
23:21:22 But you're the only one who signed the affidavit
23:21:26 attesting to notification.
23:21:29 >>> That's because the court is using the same
23:21:33 application, because they are using the same
23:21:36 application.
23:21:37 >>JOHN DINGFELDER: I am going to pass this off to
23:21:42 Donna and to our legal.
23:21:43 I just want to make sure that you have permission in
23:21:45 this file from wells Fargo as the owner of the middle
23:21:48 property to be here tonight, because as Mr. Scott will
23:21:52 tell us regularly, we have to make sure that all our
23:21:55 legal ducks are in a row and that we are proceeding
23:21:57 properly.
23:21:57 >>> Okay.
23:21:58 >> So let's just hold off on that for a second.
23:22:01 Unless there's anything else you want to tell us
23:22:03 about, that's fine.
23:22:03 >>> As I said right now, the grandfather, everything
23:22:13 in it, it's two houses on our street and two houses
23:22:17 behind us that got rezoning for two of them and it's
23:22:20 houses on there that needs to be rezoned.

23:22:22 Yes, there's a house right behind my lot that got
23:22:25 rezoning.
23:22:26 >> I remember that.
23:22:28 >>>
23:22:31 And that's -- there are houses -- once they found out
23:22:40 that we wasn't using the homes and we went through the
23:22:44 association and showed them the houses we are
23:22:46 building, you know, we didn't have a problem like we
23:22:49 had in 2006.
23:22:52 Because they got it rezoned right behind.
23:22:56 And a house on a 50-foot lot that he needed to come in
23:23:01 and get his rezoned, too.
23:23:06 And the city know about that but the city saying we
23:23:08 should all get together and grandfather in because
23:23:10 there are ten house that is need to be rezoned,
23:23:12 because there's houses on there, and insurance, if the
23:23:16 house burned down, then we all have to come in here
23:23:19 and get it rezoned before they can do nothing because
23:23:22 you can't get it back up.
23:23:25 That's why he's trying to get together and get
23:23:29 grandfathered in.
23:23:30 And.

23:23:35 >>> I want to also address the judge situation.
23:23:38 Unfortunately the only reason why the judge even heard
23:23:40 the case is because it was denied.
23:23:43 And in order to get it appealed, you all have put in
23:23:45 place, the only way to hear it again is for us to
23:23:49 do -- it was never done before.
23:23:52 We went on and did it.
23:23:53 We have to pay the money to get an attorney to go
23:23:56 ahead and get a judge to hear it.
23:23:58 Just so it to do that, and it was a waste of money
23:24:03 because we only had to wait 12 months.
23:24:07 So the procedures to say to do -- I don't understand
23:24:14 that concept.
23:24:15 Because even though it was denied, we had to go
23:24:18 through that process.
23:24:20 It took almost the same amount of time to turn right
23:24:23 around to come back here and come before you again.
23:24:25 >>> And we didn't have paperwork.
23:24:28 We didn't have no kind of paperwork to show to other
23:24:32 people.
23:24:32 And from what Mr. Shelton, the other half didn't know
23:24:38 what we were trying to, do put up a match box house,

23:24:41 and back then, you know, everybody was throwing up
23:24:44 houses.
23:24:45 So that was a problem that the neighborhood
23:24:48 association was having.
23:24:49 They just wanted to make sure that we weren't going to
23:24:52 do that.
23:24:52 And we didn't have no blueprint or print showing that
23:24:55 we wasn't going to do that.
23:24:57 >>GWEN MILLER: Let's see what the attorney has to say.
23:25:03 >>> Donna Wysong, assistant city attorney.
23:25:06 There's nothing in the file that shows there was any
23:25:09 affidavit filed by wells Fargo or anything that they
23:25:12 have given him an agent's certificate to apply for
23:25:20 rezoning on this property that's owned by them.
23:25:23 What I would suggest that we continue this until we
23:25:25 get this worked out, unless -- do you have anything
23:25:32 that you can present tonight that shows this agency?
23:25:37 >>> Well, we didn't have to sign no application.
23:25:42 The this is what you all -- I mean, we had the whole
23:25:49 application.
23:25:49 That's what the judge, and that's what they said, we
23:25:52 had to go with the old application.

23:25:53 >> The previous applicant.
23:25:57 Thomas who owned the house before it was foreclosed
23:25:59 was listed on here.
23:26:00 However, the wells foreclosure, wells Fargo owns it
23:26:05 and since the time it's been remanded back to council
23:26:08 so we don't have anything from the is the bank.
23:26:11 >> So legal needs to get us an opinion should we
23:26:15 proceed tonight or should we wait to sort that out.
23:26:19 >>> We can remove that piece of property.
23:26:21 >> You can't remove it because it's part and parcel of
23:26:24 the rezoning request.
23:26:28 I think we need to hear from our legal counsel.
23:26:33 >>> I would recommend that we continue it to the
23:26:37 earliest possible date, because we ought to be able to
23:26:40 resolve this fairly quickly.
23:26:43 And so until we can get this issue.
23:26:47 Because you're right, we can't move forward with the
23:26:49 rezoning until we get the middle -- without the middle
23:26:51 lot.
23:26:52 And we need to get that issue resolved.
23:26:54 So hopefully we would be able to get something from
23:26:56 wells Fargo pretty quickly, because we just can't move

23:27:01 forward.
23:27:02 >>JOHN DINGFELDER: How much time would you need to get
23:27:04 in touch with wells Fargo?
23:27:05 >>> However, fits going to change their legal
23:27:11 description, and they are going to eliminate that, if
23:27:17 they were going to, you know, do just the two lots,
23:27:21 rezone those as RS-50 to make them conforming --
23:27:26 >>> we would tell council we would go ahead and keep
23:27:29 this -- I mean, go ahead and keep this.
23:27:36 We are paying the money, not them.
23:27:43 Is
23:27:49 >>> I know it's late.
23:27:59 I know your eyes are tired.
23:28:01 Lots 1 and 2 originally went together.
23:28:07 Lots 3 and 4 originally went together.
23:28:09 They were in RS-60 lots.
23:28:11 Okay.
23:28:14 There is a house on lot 1.
23:28:16 There is a house on lot 3.
23:28:19 Lot 2 was split from lot 1.
23:28:23 It created a lot that met the dimensions for an RS-50
23:28:28 zoning.

23:28:28 However, it was zoned RS-60.
23:28:31 Therefore, an illegal nonconforming lot.
23:28:35 >>JOHN DINGFELDER: When was that?
23:28:37 >>> Lot 3 and lot 4, same situation.
23:28:41 Thomas house now in foreclosure was on lot 3.
23:28:45 He had additional land on lot 4.
23:28:46 He split it off, created another lot that could meet
23:28:49 RS-50 standards.
23:28:50 The property appraisers, when you split a follow, why
23:28:54 doesn't check whether or not you meet zoning.
23:28:57 This happens in our office a lot.
23:29:01 It's not -- it met RS-50 standard so they were
23:29:04 creating an RS-50 lot.
23:29:06 However, it went with the parent.
23:29:08 It was all one lot. Let's say this was folio number 1
23:29:12 and 2 was folio number 100. They go into the property
23:29:15 appraiser's office.
23:29:16 They say they want to split. This they become
23:29:19 100.0100.
23:29:23 That's why we see a parcel with 100.0000.
23:29:27 This is how now whether it was original parcel or
23:29:29 split parcel.

23:29:31 We deal with this all the time.
23:29:32 In theory there's enough square footage, there is
23:29:35 enough frontage, it does meet an RS-50 so they think
23:29:38 they have an extra lot there but they doesn't
23:29:40 necessarily have an extra -- they have an illegal
23:29:43 nonconforming lot now.
23:29:45 So unless -- in the case of lot 1, it still met the
23:29:50 dimensions of an RS-50, it still met the setback for
23:29:53 the survey, therefore it's considered conforming.
23:29:56 But what split off of is it nonconforming.
23:29:58 That is why in order to make these three lots legal
23:30:02 conforming lots, they must be rezoned to RS-50.
23:30:05 The other solution is -- and we have had this happen
23:30:08 in other cases, other developers -- they need to go
23:30:11 back and make those lots whole again.
23:30:14 They should not have split the parcel off from the
23:30:17 lots.
23:30:17 I know unfortunately we seat.
23:30:26 When the petition comes in, what happens?
23:30:28 Did you belong to something else?
23:30:29 Because if you were always single separate ownership
23:30:32 and you didn't meet the RS-60, but you were single

23:30:37 separate ownership, you were always segregated that
23:30:39 way or then you would have a lot that could you
23:30:45 develop even though you didn't meet RS-60. This
23:30:47 happens in West Tampa a lot.
23:30:49 You had traditional smaller lots that through zoning
23:30:52 conformance no longer meets the zoning category.
23:30:55 However, you had a right to develop that, even if it's
23:30:59 been that way 75 years and you have never taken action
23:31:01 on it before, and it's sitting there vacant per the
23:31:06 overlay, those legal lots of record, deed at that
23:31:10 time, didn't go with anybody else to the north or
23:31:12 south of them, could still develop.
23:31:14 >>LINDA SAUL-SENA: But this was put off intentionally
23:31:19 after, so it was like consciously creating something
23:31:23 that's unbuildable.
23:31:24 >>> But people don't understand that.
23:31:26 They come into our office and you tell them that they
23:31:28 have an unbuildable lot, Ms. Saul-Sena, they don't
23:31:31 understand that.
23:31:32 They say, but I have 5,000 square feet, I have 50 feet
23:31:34 of frontage.
23:31:35 Yes, you're absolutely right, do you.

23:31:37 However, your zoning is RS-60.
23:31:40 So you are illegal nonconforming.
23:31:45 And the way to remedy the situation, unfortunately, is
23:31:48 to come before council and ask for a rezoning.
23:31:50 And in some cases given the developing pattern of the
23:31:53 area, it is typical that they were either originally
23:31:56 platted, or everything has been developed that way.
23:32:00 And you can say, okay.
23:32:02 And do it.
23:32:04 So tonight, though, we.
23:32:07 >>MARY MULHERN: So tonight, though, we can't rezone
23:32:09 lots 2 and 4, we can't vote to rezone those without
23:32:12 doing the middle one?
23:32:17 >>> I believe what's always been the case, if you have
23:32:20 notice for the larger area, and you are now reducing,
23:32:24 that is okay.
23:32:24 However in, this case if you do that, there will be an
23:32:26 illegal nonconforming lot in the middle.
23:32:29 >>MARY MULHERN: Now we have three.
23:32:34 >>> That means that lot stand-alone would either need
23:32:38 to come in for a variance because they are set back --
23:32:41 no, it would need to come in for rezoning because it's

23:32:43 zoned RS-60.
23:32:44 So somehow it's illegal nonconforming and would need
23:32:48 to come down the road, become RS-50 or PD.
23:32:50 >> But right now we have three illegals nonconforming
23:32:55 lots.
23:32:56 So if we voted to do 2 and 4 tonight we would only
23:32:59 have one left that we would need.
23:33:01 >>JOHN DINGFELDER: Or we continue it and see what
23:33:04 wells Fargo wants to do.
23:33:13 >>MARTIN SHELBY: Council, I --
23:33:23 >>CHAIRMAN: Which one, all three?
23:33:27 >>> Two and four.
23:33:28 >>MARTIN SHELBY: Why don't you come up and say what
23:33:30 you want to say an put your name again on the record?
23:33:33 >>> Okay.
23:33:35 The lot 2 and lot 4, like she say, all four lots was
23:33:39 together and come up a long time ago, and they just
23:33:44 did a split on the other two lots, like a year and a
23:33:46 half ago.
23:33:47 You know.
23:33:50 So lot 2 and lot 4.
23:33:52 And not only that, but the city, they want me to cut

23:33:58 the grass every two weeks.
23:34:01 I had this property for almost two years, and get a
23:34:07 loan so I can keep them, and it's like an apartment,
23:34:10 the police are upset, because when they run them off
23:34:13 from the property go and hang on these lots and I have
23:34:15 to get each of them for trespassing, and it's hard
23:34:20 right now.
23:34:21 And like I say --
23:34:25 >>THOMAS SCOTT: All right.
23:34:30 I'm sure you have a wonderful story.
23:34:33 >>> There's no authorization for the middle property.
23:34:49 The original application that was remanded from the
23:34:51 court included that parcel.
23:34:53 >>CHAIRMAN: But he did not know.
23:34:57 >>MARTIN SHELBY: If I understand correctly, council,
23:34:59 he no longer has the authorization to do that because
23:35:02 it changed ownership.
23:35:05 It's the court decision.
23:35:07 So I think that is now irrelevant to the case.
23:35:13 I don't believe the court would have an issue with
23:35:15 that and I believe Mr. Glassman would like to opine on
23:35:23 that.

23:35:24 He's declining.
23:35:25 >>GWEN MILLER: We can't approve 2 and 4.
23:35:28 We can go ahead and do 2 and 4?
23:35:30 So we need to close the public hearing.
23:35:31 >> So moved.
23:35:33 >> Second.
23:35:33 (Motion carried)
23:35:36 >>THOMAS SCOTT: Let me have the resolution or whatever
23:35:38 it is.
23:35:38 >>MARTIN SHELBY: The resolution has to be changed.
23:35:44 Does Vermont to come back at a closed public hearing
23:35:46 and change the description, do it on first read?
23:35:48 Maybe in a daytime meeting?
23:35:50 >>> Come back on.
23:35:51 On first reading with a new ordinance.
23:35:53 >>GWEN MILLER: So we can't read it tonight.
23:35:58 Not the right one.
23:36:01 >>JOHN DINGFELDER: A morning meeting.
23:36:05 >>CHAIRMAN: Need to open the public hearing.
23:36:11 Motion to reopen.
23:36:11 >>THOMAS SCOTT: So moved.
23:36:13 >> Second.

23:36:13 (Motion carried).
23:36:14 >>CHAIRMAN: Let's make a motion to continue to next
23:36:15 week.
23:36:16 So will next week be enough time to be able to get
23:36:18 this done?
23:36:19 I'm sorry.
23:36:19 >>> Oh, yeah.
23:36:20 >>GWEN MILLER: At 10 a.m. next week.
23:36:23 >>THOMAS SCOTT: So moved.
23:36:24 >> Second.
23:36:26 (Motion carried)
23:36:27 >>GWEN MILLER: We have an ordinance next Thursday at
23:36:30 10 a.m
23:36:34 You don't own 3.
23:36:36 You are not concerned with that.
23:36:38 >> Daytime, 10 a.m., next week, Thursday morning.
23:36:43 The public hearing has been continued for the purposes
23:36:45 of substituting the ordinance when you come back.
23:36:49 But I don't believe there will be any additional need
23:36:52 for testimony.
23:36:53 >>JOHN DINGFELDER: Can I make a suggestion?
23:36:58 I agree with where we are going on this.

23:37:00 Okay.
23:37:01 I want to be consistent from last year.
23:37:03 I'm okay with it.
23:37:04 But if he can come up with authorization on number 3,
23:37:07 then we can just use tonight's ordinance next week,
23:37:11 and do that, too.
23:37:12 So it will be one or the other situation.
23:37:14 >>GWEN MILLER: So what he's trying to say, if you get
23:37:17 in contacted with wells Fargo and they say yes, it's
23:37:20 okay, in writing, that we can go ahead and approve
23:37:23 that one.
23:37:26 >>> I can do that tomorrow.
23:37:27 >>
23:37:28 >>GWEN MILLER: If you can do it by next meeting.
23:37:32 >>THE CLERK: To clarify the motion, is for legal to
23:37:37 perfect an alternate ordinance last week eliminating
23:37:40 lot 3.
23:37:40 >>CHAIRMAN: Plus the original.
23:37:41 >>THE CLERK: As well as the original.
23:37:44 >>MARTIN SHELBY: Well, the original with authorization
23:37:46 from the owner.
23:37:47 >> Bring two ordinances and we'll see which one fits.

23:37:53 >>GWEN MILLER: We have consent from wells Fargo we
23:37:55 will do that.
23:37:55 In he doesn't have the consent we'll do 2 and 4.
23:37:59 >>> Thank you.
23:38:00 >>LINDA SAUL-SENA: I want to share with you all.
23:38:04 I don't think I'm available to support -- the fact
23:38:07 that I feel this is an end run.
23:38:09 I feel like it's the majority of the lots in this area
23:38:16 are conforming, this is the creation of three
23:38:19 nonconforming lots, purposely taking way call a yard,
23:38:23 part of a house, splitting it off in a way to
23:38:26 circumvent our rules, and I would much rather see lots
23:38:30 1 and 2 reunited and 3 and 4 reunited because you will
23:38:33 have a much more consistent neighborhood.
23:38:45 >>MARY MULHERN: I have a problem with the fact that we
23:38:47 have this map, that then we are told the ones that are
23:38:50 supposedly conforming are nonconforming.
23:38:53 >>JOHN DINGFELDER: Only one.
23:38:55 >>LINDA SAUL-SENA: Only one.
23:38:56 >>MARY MULHERN: What about all these other houses?
23:38:59 >>> That's the only one --
23:39:01 >>MARTIN SHELBY: Would you come up?

23:39:03 Thank you.
23:39:03 >>> I was just stating, that particular house was
23:39:06 built recently in the last three years, and that
23:39:08 particular house is built on a 55 lot.
23:39:11 It was not approved.
23:39:13 It's not on there.
23:39:14 But even though it states they are zoned 60, there are
23:39:19 numerous homes that's on 50 that is still zoned 60.
23:39:23 Even though you don't have it on the map.
23:39:26 If you go through and you click on the map and click
23:39:29 on the houses -- actually, our house, too --
23:39:32 >>GWEN MILLER: That's indicate okay.
23:39:40 >>MARTIN SHELBY: I'm sorry, sir.
23:39:43 >>LINDA SAUL-SENA: Staff should be able to show us
23:39:45 that.
23:39:45 >>MARTIN SHELBY: You need to vote on the motion.
23:39:46 >>GWEN MILLER: All in favor of the motion.
23:39:48 Opposed, Nay.
23:39:51 >>MARTIN SHELBY: Need to receive and file.
23:39:52 >> Move to receive and file.
23:39:54 >> Second.
23:39:54 (Motion carried).

23:39:55 >>JOHN DINGFELDER: I have one other thing.
23:39:57 You all recall earlier, much earlier in the evening
23:40:00 this issue about that house, that 21,000 lot that was
23:40:06 supposed to be affordable housing that didn't turn out
23:40:10 that way, I would like Cindy Miller and real estate,
23:40:13 basically administration to come down and tell us what
23:40:17 mechanisms are in place to ensure that the city
23:40:21 follows up on the lot, to make sure that either the
23:40:24 house is built or reverts back to the city.
23:40:27 And if there's no mechanism in place, then we are not
23:40:30 doing our job.
23:40:31 And so, anyway, they come back, I'll give her 30 days
23:40:37 to come back and give us an in-person staff report on
23:40:40 that issue.
23:40:43 >>GWEN MILLER: I have a motioned and second.
23:40:47 (Motion carried)
23:40:48 Anything else to come before council?
23:40:49 >>THOMAS SCOTT: I hope not.
23:40:50 >>GWEN MILLER: We stand adjourned.
23:40:52
23:42:20


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