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TAMPA CITY COUNCIL
THURSDAY, APRIL 24, 2008
6:00 P.M. SESSION

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>>THOMAS SCOTT: Good evening.
18:07:34:06 And welcome to the Tampa City Council hearing.
18:07:38:01 We'll now come to order.
18:07:39:12 We'll have roll call.
18:07:40:22 >>CHARLIE MIRANDA: Here.
18:07:45:06 >>JOSEPH CAETANO: Here.
18:07:46:10 >>LINDA SAUL-SENA: Here.
18:07:47:18 >>THOMAS SCOTT: Here.
18:07:48:03 Let me clear up a few items here.
18:07:51:15 One is councilwoman Gwen Miller sent a memorandum she
18:07:56:00 won't be here tonight due to a -- due to a previous
18:07:59:19 engagement.
18:08:00:24 And then Councilwoman Mary Mulhern will not be here
18:08:05:16 this evening.
18:08:06:19 She is ill.

18:08:07:12 So we are down to five.
18:08:08:27 Let me say as we try to clean up the agenda, let me
18:08:11:25 tell you what my process is, if you want a continuance,
18:08:14:18 you need to state that at the beginning of the agenda
18:08:17:12 now.
18:08:17:24 If you want a continuance so we can deal with that.
18:08:21:13 I don't like going through a hearing and then you tell
18:08:24:21 me you want a continuance.
18:08:26:00 Nobody wins that way.
18:08:27:24 Anyone here wants a continuance based on the
18:08:37:18 information, then we need to deal with our agenda.
18:08:39:21 >> LaChone Dock, Land Development Coordination.
18:08:43:16 I passed out marked up copies of the agenda, I would
18:08:46:09 like to go through those items now.
18:08:48:04 Staff request item one removed from the agenda and
18:08:56:09 reschedule to May 22nd, 2008, 6 p.m.
18:09:10:24 >>CHARLIE MIRANDA: Mr. Chairman, I'll second that.
18:09:12:24 I don't know if there's anyone here for that hearing
18:09:15:13 today.
18:09:17:28 >>THOMAS SCOTT: Anyone here on item number 1.
18:09:19:21 Do you have a problem with the continuance?
18:09:22:21 All in favor, let it be known by aye.
18:09:27:21 So moved and ordered.
18:09:32:16 >> For item number 8, Steve Michelini, the agent for
18:09:35:27 the petitioner is present and would like to request a

18:09:38:10 continuance.
18:09:41:24 >>THOMAS SCOTT: Anyone here on item 8?
18:09:45:09 >> Yes, sir.
18:09:45:21 Item 8, we're requesting that be continued to 6 p.m. on
18:09:49:00 May the 8th.
18:09:49:27 >>THOMAS SCOTT: Anyone here to speak on item 8?
18:09:54:24 Z08-21.
18:09:58:27 >>CHARLIE MIRANDA: So move to open the public hearing
18:10:00:09 before we can continue, sir.
18:10:01:09 >>LINDA SAUL-SENA: Thank you.
18:10:02:04 >>THOMAS SCOTT: All in favor of opening?
18:10:06:18 So moved and ordered.
18:10:07:21 Anyone here --
18:10:11:15 >>CHARLIE MIRANDA: There's no one in objection, we move
18:10:15:04 to continue to May the 8th at 6 p.m.
18:10:19:19 >>LINDA SAUL-SENA: Second.
18:10:21:07 >>THOMAS SCOTT: Moved and seconded.
18:10:22:07 All in favor, let it be known by aye.
18:10:24:07 So moved.
18:10:29:00 >> Item number 10, there is a letter from the
18:10:31:06 petitioner's representative requesting a continuance to
18:10:33:24 May 22nd, 2008.
18:10:39:16 >>CHARLIE MIRANDA: Move to open the public hearing.
18:10:40:24 >>THOMAS SCOTT: All in favor, aye.
18:10:42:06 So moved and ordered.

18:10:43:09 Anyone here want to speak on this item, item number 10
18:10:46:19 on the continuance?
18:10:47:22 That is file number Z08-23.
18:10:51:18 >>CHARLIE MIRANDA: Move to continue to May 22nd at
18:10:54:10 6 p.m.
18:10:54:25 >>LINDA SAUL-SENA: Second.
18:10:56:24 >>THOMAS SCOTT: All in favor, aye.
18:10:57:28 So moved and ordered.
18:10:59:24 >> Item number 11, Morris Massey, the agent for the
18:11:02:27 petitioner is present and would like to request a
18:11:05:18 continuance.
18:11:07:06 >>CHARLIE MIRANDA: Move to open the public hearing.
18:11:08:10 >>LINDA SAUL-SENA: Second.
18:11:09:13 >>THOMAS SCOTT: All in favor, aye.
18:11:11:15 So moved and ordered.
18:11:12:19 >> Morris Massey, Hill, Ward, Henderson, here on behalf
18:11:16:00 of the petitioner.
18:11:16:21 Asking for a continuance to May 22nd at 6 p.m. so we
18:11:20:01 can address some neighborhood concerns.
18:11:21:19 >>THOMAS SCOTT: Anyone here to speak on this item?
18:11:24:18 >>CHARLIE MIRANDA: You look very familiar.
18:11:25:27 Do I know you from here?
18:11:28:16 >> You look vaguely familiar as well.
18:11:31:00 >>CHARLIE MIRANDA: Move to continue to what date, sir?
18:11:33:18 >> May 22nd at 6 p.m.

18:11:35:28 >>LINDA SAUL-SENA: Second.
18:11:37:22 >>THOMAS SCOTT: Moved and seconded.
18:11:38:22 All in favor?
18:11:39:25 Opposed, same sign.
18:11:41:00 So moved and ordered.
18:11:41:25 >>CHARLIE MIRANDA: Mr. Chairman, there are five more
18:11:43:27 continuances, I can go home.
18:11:45:12 [ LAUGHTER ]
18:11:49:12 >>THOMAS SCOTT: You and me both.
18:11:51:09 Okay.
18:11:53:12 No other requests then for continuance.
18:12:04:24 >>LINDA SAUL-SENA: I move to open --
18:12:06:15 >>CHARLIE MIRANDA: Second on Ms. Saul-Sena's request to
18:12:08:19 open number 2.
18:12:09:21 >>THOMAS SCOTT: All in favor, let it be known by aye.
18:12:12:03 Opposed, same sign.
18:12:13:21 Okay, all of you here addressing Council tonight need
18:12:16:16 to stand and be sworn.
18:12:18:07 If you're here tonight, if you want to speak or address
18:12:21:24 Council.
18:12:35:13 (Oath administered by clerk).
18:12:35:24 >>MARTIN SHELBY: Mr. Chairman, I ask that all written
18:12:37:00 communications relative to tonight's hearings which
18:12:38:15 have been available for public inspection in the City
18:12:39:28 Council's office be received and filed into the record

18:12:42:12 at this time, please.
18:12:49:00 >>THOMAS SCOTT: We'll do item number 2.
18:12:51:09 >>MARTIN SHELBY: If we could have a motion to receive
18:12:53:12 and file.
18:12:56:07 >>CHARLIE MIRANDA: Mr. Chairman, we ought to do this --
18:12:57:21 and I'm not opposing the counselor's request, but at
18:13:00:21 the end of the meeting, if we do that, we cover all of
18:13:03:00 them, but I'll do it today no problem.
18:13:05:28 >>THOMAS SCOTT: All in favor, let it be known by aye.
18:13:08:12 So moved.
18:13:09:12 Will you lay out the process for us, counsel, for this
18:13:14:00 evening, lay out the process so everybody understands
18:13:15:28 what the process is.
18:13:17:18 >>MARTIN SHELBY: With regard to the --
18:13:19:12 >>THOMAS SCOTT: How much time and all that.
18:13:20:19 >>MARTIN SHELBY: Council, you will have a presentation
18:13:41:21 by the petitioner.
18:13:43:06 Initially, what you will have is you will have a
18:13:47:00 presentation by the staff.
18:13:48:28 The petitioner will be limited to 15 minutes for the
18:13:52:04 initial presentation and five minutes for rebuttal.
18:13:55:21 Between that time, there will be an opportunity for
18:13:58:10 public comment, three minutes per speaker, unless they
18:14:01:06 sign a speaker waiver form and for each person signing
18:14:04:22 that form who gives up their three minutes, they'll

18:14:07:00 receive an extra minute up to a total of 10 minutes.
18:14:09:18 >>THOMAS SCOTT: And I would suggest tonight, however
18:14:12:12 you can speak, but if you're going to be redundant,
18:14:17:06 just say ditto and that will save some time tonight for
18:14:21:27 everybody, okay?
18:14:22:24 So I'm not opposing you to speaking, but I just think
18:14:25:22 if you're going to say exactly the same thing, it would
18:14:28:12 be great if you just said ditto.
18:14:30:19 And that would be helpful.
18:14:32:10 Okay?
18:14:32:18 Yes, staff.
18:14:38:04 >>ABBYE FEELEY: Good evening, Council.
18:14:39:18 Abbye Feeley, Land Development Coordination, I have
18:14:41:21 been sworn.
18:14:42:06 The first case before you this evening is Z06-97.
18:14:46:01 It's located at 2520 and 2522 North Dale Mabry.
18:14:49:18 The petitioner is requesting to rezone this piece of
18:14:54:00 property from OP-1 office professional to PD planned
18:14:58:12 development for residential, retail, office and hotel.
18:15:03:24 There are two waivers associated with this request.
18:15:09:24 One is for the reduction of the required loading berths
18:15:11:27 from five to three and the other is for the reduction
18:15:14:04 of required parking spaces from 1,581 to 1,508 and the
18:15:19:22 justification of that waiver was for shared parking
18:15:22:19 strategy.

18:15:22:27 It is only a reduction of 5% of the required parking,
18:15:27:00 so staff is not objecting to that.
18:15:29:03 The proposal is to construct a mixed use retail
18:15:34:06 entertainment and residential complex containing
18:15:36:18 121,804 square feet of office, 35,760 square feet of
18:15:42:10 retail, 32,297 square feet of restaurant, 337
18:15:48:15 residential units and 198-room hotel.
18:15:51:10 The site will contain one building platform with three
18:15:55:25 14-story, 150-foot towers containing structured
18:15:59:03 parking.
18:16:00:00 The building is oriented east-west along the northern
18:16:02:22 portion and wraps the site toward the east to create a
18:16:06:00 main entrance on Dale Mabry.
18:16:07:07 The residential towers and core retail entertainment
18:16:09:25 center is situated from west to east along the northern
18:16:12:09 part of the site creating an internal retail plaza.
18:16:15:12 There's a large open space incorporated along the
18:16:18:13 southern portion of the site.
18:16:20:07 And the site is surrounded by the following land uses.
18:16:23:15 Commercial retail to the north, place of religious
18:16:26:19 assembly to the west, residential to the south and Dale
18:16:31:01 Mabry Highway on the east.
18:16:32:06 The PD setbacks are as follows.
18:16:34:15 North five feet, south 61 feet.
18:16:37:12 West 30 feet, and east 46 feet.

18:16:39:19 Although the site is located within the Westshore
18:16:46:12 commercial overlay district, it was not located within
18:16:48:22 the Westshore overlay district at the time this
18:16:51:13 petition was made.
18:16:52:18 So this was prior to, as you can see, the case number
18:16:54:27 is Z06-97.
18:16:57:18 It was done in 2006, and has had several continuances
18:17:01:12 and is finally making it to Council this evening.
18:17:03:27 Therefore, the Westshore overlay standards did not
18:17:06:21 apply to this project.
18:17:08:03 My zoning Atlas has a couple of little cheat sheets on
18:17:29:10 it.
18:17:30:03 You can see the site here located in green.
18:17:31:21 That is the OP-1 site, Dale Mabry to the east, Palmetto
18:17:36:24 to the south, and Grady Avenue over to the west.
18:17:41:09 I'm sure you're very familiar with the site.
18:17:44:03 It has a Bennigan's and Days Inn located on it.
18:17:47:06 To the north is Crazy Buffet and Circuit City, Jerry
18:17:49:24 Ulm Dodge at the corner of Boyscout and Dale Mabry.
18:17:53:10 Without Walls Church to the west and the recently PD
18:17:56:06 met west project further west on Boyscout.
18:18:00:04 Here is an aerial photograph.
18:18:07:24 Show you quickly some pictures of the site.
18:18:13:18 Some views, the Days Inn.
18:18:23:03 This is the view of the current southern boundary of

18:18:26:27 the property with a fence that is the buffering against
18:18:29:25 the single-family residential that is located to the
18:18:32:09 south.
18:18:33:28 Here is another view.
18:18:36:25 Here is a view looking east toward Dale Mabry with the
18:18:41:12 residential to the south on the right of the project
18:18:44:24 here.
18:18:45:06 The hotel.
18:18:48:18 This is the Subway also located immediately south on
18:18:51:27 Dale Mabry.
18:18:54:22 This is a view looking down Palmetto.
18:19:00:10 These are some of the single-family residential homes
18:19:03:10 on Palmetto.
18:19:03:25 This is a view looking north from one of the homes.
18:19:08:09 You can see the top of the existing hotel.
18:19:16:00 This is another one in that same shot.
18:19:17:25 In the staff report before you, you have a finding of
18:19:28:16 inconsistency related to several outstanding landscape
18:19:30:19 issues.
18:19:30:27 These issues can be resolved between first and second
18:19:35:21 reading with a series of notes, and also we were
18:19:39:12 waiting on a letter from the property owner to the
18:19:42:09 north about a transplant of four trees.
18:19:44:25 I also had a finding of inconsistency related to an
18:19:50:00 elevation in the plan.

18:19:51:09 I have spoken with a petitioner and it was because the
18:19:54:15 way that cross section, where that cross section was
18:19:58:28 taking place in the building that I had seen that
18:20:01:25 inconsistency, and we're going to have that resolved.
18:20:03:27 Staff is available for any questions.
18:20:10:28 >>LINDA SAUL-SENA: Thank you.
18:20:11:16 Just down the street from this is -- well, it's the
18:20:18:04 target and grocery store which has absolutely no
18:20:21:01 internal circulation.
18:20:22:00 If you want to walk from one piece of development on
18:20:24:28 the site to another, you can't get there from here.
18:20:27:16 It's very unsafe for pedestrians.
18:20:29:19 So I looked at the site plan, and I wasn't able to tell
18:20:33:21 if our transportation department had done an internal
18:20:38:09 review for connectivity both within the site and along
18:20:41:16 Dale Mabry.
18:20:41:28 I couldn't tell if there were sidewalks, if there were
18:20:45:16 shade trees, if there was anything like that.
18:20:47:15 I wonder if either you could address it or perhaps when
18:20:50:18 the petitioner comes up, they could address this.
18:20:56:18 >>ABBYE FEELEY: I can briefly speak, and then I'll let
18:21:01:04 the petitioner finish.
18:21:02:07 Internal to the site, as you can see, it is one podium
18:21:12:09 with internal connectivity throughout the uses.
18:21:14:04 And then on the ground level, do you have some larger

18:21:17:06 promenades in this area with the arcade that is
18:21:20:06 creating an internal retail with walking area, but
18:21:25:15 mostly you would access this area through the
18:21:27:09 structured parking that is located on the second and
18:21:30:09 third floors here, and you would also have connection
18:21:32:15 to the pavilion there.
18:21:34:03 On the Dale Mabry side of the site, I do not see the
18:21:40:15 sidewalk shown on the front on Dale Mabry on the site
18:21:43:06 plan.
18:21:43:21 However, I do believe that the petitioner has complied
18:21:46:27 and has note of compliance so that, as you know, with
18:21:50:19 most rezonings, when you do rezone, that new sidewalk
18:21:55:15 would be put in there.
18:21:57:09 >>LINDA SAUL-SENA: This location addressed in the
18:21:59:07 Westshore pedestrian plan?
18:22:05:21 >>ABBYE FEELEY: I don't know the answer to that.
18:22:19:04 >> Melanie Calloway, transportation.
18:22:20:22 There are sidewalks along Dale Mabry and there was a
18:22:22:28 connection from the sidewalk of Dale Mabry into the
18:22:26:24 interior of the property.
18:22:31:15 >>LINDA SAUL-SENA: Thank you.
18:22:33:06 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
18:22:35:09 I have been sworn.
18:22:36:06 As Ms. Feeley already stated to you regarding this
18:22:44:03 project, this project is located off of the main

18:22:46:03 intersection of Columbus Drive as otherwise known as
18:22:48:24 Boyscout Boulevard as it goes a little farther to the
18:22:51:15 west and north Dale Mabry Highway.
18:22:53:06 This is a major commercial intersection and many
18:22:56:24 consider this as a major gateway into the Westshore
18:22:59:09 business district activity center area of which this
18:23:02:03 particular parcel is within the boundaries of.
18:23:04:01 As evidenced by the highly intense and dense
18:23:09:15 residential land use category of regional mixed use
18:23:12:21 100, which is your highest land use category other than
18:23:15:18 the central business district land use designation that
18:23:17:24 we have in the downtown area here.
18:23:20:10 This site is also within the boundaries of the Carver
18:23:22:16 City Lincoln gardens Neighborhood Association which is
18:23:25:04 this piece of residential 10 directly to the southwest
18:23:28:01 of the site.
18:23:30:03 Ms. Saul-Sena, this works very well with the site plan
18:23:33:21 if you look at the aerial perspective provided by the
18:23:37:03 applicant which basically does show the hotel at an
18:23:39:24 angle and, of course, let me go ahead -- well, let me
18:23:43:15 finish this, because I'm getting ahead of myself just a
18:23:46:15 little bit.
18:23:47:00 This is basically public quasi-public up here.
18:23:50:04 Public lands basically owned some by the Aviation
18:23:52:18 Authority and some owned by the Tampa Sports Authority.

18:23:56:04 This is also regional mixed use 100 on the eastern side
18:23:59:18 over here going all the way down, almost all the way
18:24:01:28 down to Kennedy Boulevard.
18:24:03:12 This is heavy commercial 24, residential 20,
18:24:06:06 residential 35, and, of course, the regional mixed use
18:24:12:24 100.
18:24:13:18 Now go back into telling you from the aerial
18:24:16:09 perspective so you can see a little bit clearly.
18:24:18:00 The way they have everything organized is to the
18:24:22:10 northern boundary of the site so they have a pretty
18:24:24:21 good buffer as evidenced by the greenspace.
18:24:26:18 The south boundary over here serving as an effective
18:24:29:15 buffer to the residential neighborhood directly to the
18:24:32:06 south over here.
18:24:32:28 Ms. Feeley did a very good job of giving you the
18:24:36:15 perspective of the uses, existing uses on the area on
18:24:39:09 the western side.
18:24:40:00 I'll tell you the eastern side.
18:24:41:18 Sweetbay is right over here, Sonny's Bar-B-Q, chili's
18:24:47:06 is over here, I think Burger King is over here.
18:24:50:15 A lot of food places over here.
18:24:52:15 Some other more mature places in the area.
18:24:55:03 >>CHARLIE MIRANDA: You missed sound advice.
18:25:03:27 >>TONY GARCIA: Sound advice is in here.
18:25:06:18 It's not a food place.

18:25:08:22 I do food places.
18:25:11:22 >>CHARLIE MIRANDA: That used to be the --
18:25:14:22 >>TONY GARCIA: Many, many moons ago.
18:25:17:19 And longhorn Steakhouse and fast-food restaurants on
18:25:21:18 the corner.
18:25:22:03 The most important thing is Dale Mabry Highway is a
18:25:24:24 major commercial corridor, one of the most intense
18:25:27:09 commercial corridors that we have in the city.
18:25:28:28 The request that's being made is consistent with the
18:25:31:18 land use category for the area and is supported by
18:25:33:18 that, and also this is in one of our major commercial
18:25:37:00 activity centers, the Westshore business district
18:25:39:06 activity center, so the city is consistent with many of
18:25:42:10 the plans that we have in the future land use element
18:25:44:06 that talked about supporting mixed use projects such as
18:25:47:00 this within high use activity centers with high land
18:25:49:21 use designations.
18:25:52:00 Based on those findings, Planning Commission staff
18:25:54:04 found the proposed request consistent with the
18:25:55:15 comprehensive plan.
18:25:56:07 Thank you.
18:26:00:07 >>THOMAS SCOTT: Petitioner?
18:26:01:00 You have 15 minutes.
18:26:03:22 State your name and address for the record.
18:26:06:00 >> David Smith.

18:26:06:25 401 east Jackson Street, 33602.
18:26:13:00 >>THOMAS SCOTT: Before you move any further, anyone
18:26:15:16 here in opposition to this petition?
18:26:17:15 Anyone here in opposition to this petition?
18:26:19:15 All right.
18:26:22:12 Well, you don't have to use all your 15 minutes.
18:26:25:25 >> Thank you very much.
18:26:26:00 >>THOMAS SCOTT: Just give us a brief overview and
18:26:29:15 then --
18:26:30:15 >> I will definitely give you a brief overview.
18:26:32:10 I'll shorten it by saying ditto to what staff said
18:26:36:00 about the initial parts and I'll get right into the
18:26:38:12 actual discussing of the site plan because I'm sure
18:26:41:09 there will probably be some questions.
18:26:43:03 When looking at this property, the applicant was very
18:26:47:21 concerned about protecting the interface with --
18:26:51:12 garden.
18:26:54:21 It is surrounded by RMU-100 basically and in looking at
18:26:58:21 the initial site plans and how to design the site,
18:27:02:22 there were several schematics.
18:27:07:06 The initial ones which we basically retreated from
18:27:10:00 immediately had the property pretty much built with
18:27:15:06 significant intensity right up against or within 60 or
18:27:18:03 70 feet all along the property boundary.
18:27:21:04 And what we have done in this and it's hard to see it

18:27:23:15 in black and White, but we'll see some colored
18:27:26:04 graphics.
18:27:26:15 This is the Lincoln Garden neighborhood.
18:27:28:03 This is the subway shop.
18:27:29:22 At this point, our structure, the closest point is
18:27:34:03 61 feet.
18:27:35:27 That's a 70-foot tall podium that has two stories of
18:27:39:16 office.
18:27:39:24 It has parking and then it has two stories for retail
18:27:43:15 and below.
18:27:44:06 That is twice the setback as required in OP-1 for
18:27:47:19 similar height.
18:27:48:09 So in the existing zoning that we have, we could
18:27:51:00 develop with an office all the way down that property
18:27:53:09 boundary at 70 feet or higher and be twice as close.
18:27:59:06 Basically 30 feet from the property boundary.
18:28:01:15 So this is the closest point.
18:28:03:18 As you move into the site, the tower is actually
18:28:07:21 starting at this point on the property, at this point
18:28:10:12 on the property, and at this point.
18:28:12:10 All these towers are over a hundred feet away.
18:28:14:21 One is 296 feet away from the neighborhood.
18:28:17:06 We've also provided -- and I think I'll go straight to
18:28:22:00 the colored graphic, because I think it gives much
18:28:25:18 better relief to the project and the development.

18:28:31:16 If we can zoom out, if they can pick up a little more
18:28:34:09 of that.
18:28:34:21 But basically, this greenspace is the buffer against
18:28:37:18 Lincoln Garden.
18:28:39:21 And the uses that we have here internally and you're
18:28:42:16 concerned about internal circulation, this is much
18:28:45:18 different than up on the target, because the target has
18:28:48:15 cross uses with cross parking lots, so you pull in,
18:28:52:03 you're going to Home Depot or going to target and you
18:28:55:03 have a lot of mixing of traffic.
18:28:56:21 In this particular case, people will come into the
18:28:59:12 property, park in the parking garage, come down the
18:29:02:04 parking garage, be able to access all this retail and
18:29:06:00 entertainment on the front of the building here.
18:29:08:10 They will also have one crossing or be able to cross in
18:29:11:13 the parking garage to this retail on the bottom floor,
18:29:15:13 and also get into the office building as well as enter
18:29:18:21 the hotel from a hotel lobby, they have a drop-off
18:29:21:27 which I'll show you on the site plan.
18:29:23:22 We have an entrance that we try to utilize as an
18:29:27:06 existing traffic signal right across at Sweetbay.
18:29:29:27 That is our entrance.
18:29:31:03 We have used basically a tunnel effect to come into a
18:29:34:03 courtyard to bring that urban feel to Dale Mabry.
18:29:37:00 And I think that's one of the things in the Westshore

18:29:39:03 overlay, trying to bring all the buildings forward and
18:29:42:06 to decrease that edge of field of parking in the front.
18:29:46:15 This project eliminates all the -- front on Dale Mabry
18:29:52:12 and bring that urban edge and presence to the Dale
18:29:55:00 Mabry corridor.
18:29:55:27 Again, looking at the elements of the property.
18:29:59:22 Two-story retail here, then we start here with parking,
18:30:03:27 and then we have our office, and then the hotel with
18:30:07:03 the amenity on the back.
18:30:08:21 These are our residential towers.
18:30:12:00 The residential towers you enter in the parking garage.
18:30:15:07 You have these drop-off areas that you can drop off
18:30:18:24 into a courtyard or amenity area, and you also have
18:30:21:25 other green areas that I'll be able to give you a
18:30:24:21 better angle of from another graphic.
18:30:27:03 We'll go to the front of the building.
18:30:31:12 This is the Dale Mabry view.
18:30:32:09 Basically on Dale Mabry, we have the entrance at the
18:30:37:03 light.
18:30:38:09 There's the sidewalk there.
18:30:39:07 >>LINDA SAUL-SENA: Where is the sidewalk?
18:30:41:18 >> The sidewalk -- it isn't shown on the site plan.
18:30:43:28 It is on here.
18:30:44:24 This is just a rendering.
18:30:46:15 >>LINDA SAUL-SENA: Where would it be if were on there

18:30:48:18 in.
18:30:49:00 >> Well, actually right now, it's in the right-of-way.
18:30:50:25 >>LINDA SAUL-SENA: Well, that's not very good.
18:30:53:06 >> For F.D.O.T.'s right-of-way.
18:30:55:09 It's built in the right-of-way today.
18:30:57:03 There is an existing sidewalk there.
18:30:58:27 We're not removing it.
18:31:02:04 It's F.D.O.T.'s road and they have a sidewalk there.
18:31:05:24 >>LINDA SAUL-SENA: You could put a nice sidewalk in.
18:31:09:13 >> Well, the fact that we are going to comply with all
18:31:11:27 the city standards relative to sidewalks, we haven't
18:31:14:03 shown the sidewalk on this particular rendering, but we
18:31:17:15 have ample room for sidewalk in front of this project.
18:31:21:06 We're not short on greenspace, so it's not a problem
18:31:23:27 with complying with that.
18:31:24:22 >>LINDA SAUL-SENA: Between now and second reading, you
18:31:26:15 can put it in.
18:31:28:13 >> I don't think we can make a graphic change, but we
18:31:30:15 can note that.
18:31:32:06 >>LINDA SAUL-SENA: You could make a graphic change.
18:31:36:19 >> We can probably do it.
18:31:38:18 >>CHARLIE MIRANDA: Can you stop the time?
18:31:40:10 I'd like to stop his time and ask the Legal Department.
18:31:47:15 I don't know where we're heading here on sidewalk, but
18:31:49:03 if I remember reading the sidewalk ordinances, a

18:31:51:13 sidewalk can only be built on public right-of-way.
18:32:00:27 >>JULIA COLE: Julia Cole, Legal Department.
18:32:03:00 The way your sidewalk regulations read, the sidewalks
18:32:05:28 are to be constructed within right-of-way.
18:32:07:16 So I understand that the request for the note is to do
18:32:09:19 it within the right-of-way.
18:32:10:22 Now, this is F.D.O.T. right-of-way, so it would be
18:32:13:21 subject to F.D.O.T. regulations for the construction of
18:32:15:28 that sidewalk.
18:32:16:24 But that's my understanding of what the intent of
18:32:19:04 adding that type of note is.
18:32:22:01 >>LINDA SAUL-SENA: That was my intent.
18:32:23:04 >> I'm sorry.
18:32:23:19 That's really the only reason it's not on here, because
18:32:25:24 we didn't go all the way out to the right-of-way on the
18:32:28:07 site plan.
18:32:28:27 Looking at the front facade, again, we're providing for
18:32:32:09 the hotel views at an angle out towards basically the
18:32:36:06 stadium.
18:32:36:21 We provide some retail frontage along here, but, again,
18:32:41:21 no parking in front of it.
18:32:43:00 So everybody enters the site, contained on site,
18:32:46:12 circulates on-site.
18:32:49:04 The next elevation or rendering I'll show you relates
18:32:52:18 to our neighbor to the north, with which is Jerry Ulm

18:32:54:27 Dodge.
18:32:58:21 This side of the building, basically for the most part
18:33:01:24 is all parking garage in this podium park, but we
18:33:06:18 basically fenestrated it and broke it up, scaled it
18:33:09:00 back, cut out -- put opportunity for boxed trees so
18:33:13:03 that it breaks up the scale.
18:33:15:06 Typically, you have, you know, seven-story garage and
18:33:17:16 it's pretty much just a blank wall.
18:33:20:00 Incorporate the design feature in there.
18:33:22:24 I think this works very well.
18:33:24:00 We have no objection from Jerry Ulm.
18:33:30:12 Not surprisingly because I think he likes the idea of
18:33:31:22 having a good neighbor and redevelopment in the area.
18:33:34:06 The last view, this is the end towards Without Walls
18:33:42:12 with the sanctuary.
18:33:43:21 One of the reasons for our original continuance, we
18:33:45:18 were attempting to consolidate the parcels, but the
18:33:48:06 property wasn't for sale at the time.
18:33:49:16 Timing is everything.
18:33:50:09 Now it's for sale, but we have to move forward.
18:33:53:00 But this is the view from the western end.
18:33:56:13 Again, this shows the turnaround, the buffer, full
18:34:01:00 pedestrian gazebo, and the units, the residential units
18:34:07:15 that we have on the west end side.
18:34:10:18 Generally, we think this is a very good plan.

18:34:15:12 It is the gateway into the Westshore business district.
18:34:18:21 We believe that this sets the edge of that corner and
18:34:23:01 provides great opportunities for redevelopment in the
18:34:25:12 area.
18:34:26:10 I'll be glad to answer any questions.
18:34:28:03 That anybody may have.
18:34:33:24 >>LINDA SAUL-SENA: I might have somebody who lives to
18:34:35:15 the west of this property who works on this property
18:34:38:27 who need to walk or ride their bicycle to work.
18:34:42:24 Is there an opportunity to access this property from
18:34:46:00 the west or from the south?
18:34:49:27 >> We can -- as it stands right now, there is nothing
18:34:54:00 but a parking lot and an office building.
18:34:56:21 We have no problem for pedestrian connections to the --
18:35:00:06 from the southern side.
18:35:02:22 Because of the circulation system, we haven't designed
18:35:06:24 this for vehicular access because the volume that may
18:35:09:22 be coming from, say, the MetLife site through it would
18:35:13:16 turn this into a pretty unworkable situation.
18:35:15:27 But we have no problem with pedestrian access or
18:35:19:06 bicycle accessing is into the site.
18:35:20:24 >>LINDA SAUL-SENA: That would be a great step.
18:35:23:25 >> Okay.
18:35:25:04 We can add a note to that effect to provide pedestrian
18:35:28:09 and bicycle access from the west.

18:35:30:22 >>THOMAS SCOTT: Any other questions?
18:35:31:22 All right.
18:35:33:09 There is no opposition.
18:35:36:06 Maybe someone came out in support.
18:35:45:04 >> Mary Danielewicz Bryson, Land Development
18:35:53:13 Coordination.
18:35:54:06 I would like to have this received and filed, the
18:35:56:12 letter from Jerry Ulm Dodge stating that they will
18:35:58:00 support the transplanting of these trees that were
18:35:59:21 affected to save them.
18:36:01:24 >> Chairman Scott, I just have a couple of items before
18:36:05:04 Council closes.
18:36:06:03 Should it be the pleasure of Council to make a motion
18:36:10:13 for approval on this project this had evening, I've
18:36:13:04 provided you with an e-mail that came from the subway
18:36:18:27 owner to the south about the fencing or, I'm sorry, the
18:36:22:06 wall that is going to be located on the southern
18:36:24:09 property line and having that start behind the Subway
18:36:27:10 building so not to impede with visibility.
18:36:29:10 I have talked to the petitioner about that, and they
18:36:32:06 were fine with that.
18:36:33:12 And it is actually illustrated on the site plan that
18:36:37:06 way, but we're just going to call it out a little bit
18:36:40:06 differently.
18:36:40:25 That and in between first and second reading in one of

18:36:47:25 their previous site plans there was an actual landscape
18:36:50:24 plan sheet that was in on this submittal that happened
18:36:53:16 to be left out.
18:36:54:12 So I would like that to also be added back in in
18:36:57:01 between first and second reading.
18:36:58:27 And, of course, the sidewalk that you all just
18:37:01:06 discussed.
18:37:01:28 I did want to just show you on the aerial, and I can
18:37:05:27 zoom in, there is a nice new sidewalk along Dale Mabry
18:37:08:24 there.
18:37:09:09 You can see the connection there.
18:37:13:21 It runs all the way down and actually runs down
18:37:16:18 palmetto, so there would be a pedestrian and bike
18:37:18:24 access from the surrounding area into here.
18:37:21:01 Now, the other thing I just heard Council say was that
18:37:24:06 you would like a pedestrian and bicycle from the west
18:37:27:06 of the site.
18:37:27:21 So as part of your motion, if you could also include
18:37:30:21 that.
18:37:31:06 I know that's a lot but I wanted to make sure
18:37:33:27 everything gets in there so we could certify.
18:37:36:24 Thank you.
18:37:37:03 >>THOMAS SCOTT: Someone want to come and stand in
18:37:40:04 support?
18:37:40:15 State your name and address for the record.

18:37:48:09 >> My name is Dr. Harvey.
18:37:50:18 3913 Palmetto Street.
18:37:52:09 And I was sworn in.
18:37:53:15 I'm in support of the project.
18:38:01:15 They talked to the community on several occasions.
18:38:03:27 I'm both on the board and I am on the southern boundary
18:38:06:15 in which the fence is going -- [static] -- we had three
18:38:12:21 issues beginning with this, Mr. Drew, which I would
18:38:17:16 like for him to come up.
18:38:19:01 He helped us a lot with a lot of the development of the
18:38:22:03 property.
18:38:23:15 The first thing that we noticed on the, I guess,
18:38:27:12 previous reading was the location of lift station.
18:38:29:25 He has changed that location from literally my backyard
18:38:33:15 to the northwest corner of the property.
18:38:35:27 The second was getting TECO to bury the power lines
18:38:41:18 along the southern boundary, which was very important.
18:38:45:12 The third has not been resolved.
18:38:47:18 Basically, on the southern boundary, and it's not
18:38:54:09 showing on there.
18:39:00:27 >> Zoom out a little bit, if you can.
18:39:13:19 >> Okay, the buffer line for the fence is located along
18:39:33:06 this area.
18:39:34:27 Basically on the plan presently, it says a six-foot
18:39:39:06 wall.

18:39:39:21 The present wall is an eight-foot wall.
18:39:43:09 An eight-foot fence.
18:39:45:07 Been there for over 50 years now.
18:39:47:10 We were puzzled as to why the city is requiring him to
18:39:54:06 put a lower wall in.
18:39:56:01 One of the things that we worked out was to have a
18:39:58:12 masonry wall at least eight foot tall to act as two
18:40:03:15 different things.
18:40:04:18 At the present location, this is how it looks.
18:40:11:24 About two weeks ago, the rickety wooden fence fell down
18:40:17:09 in my backyard.
18:40:18:16 This is from my backyard.
18:40:19:27 The second picture is how with the eight-foot tall
18:40:22:22 fence and I believe the building presently there is two
18:40:25:21 stories, this is my view -- this is actually a view
18:40:28:22 from my back window in my house.
18:40:32:06 To go lower than that, one is going to be lower than
18:40:34:27 the shrubbery I have there at the barrier.
18:40:37:15 Two, one of the things that Mr. Drew proposed was we do
18:40:42:00 the masonry wall at eight foot, part of that landscape
18:40:45:15 is going to cover the view into the existing boundary
18:40:49:12 of the neighborhood by planting 10- to 12-foot trees to
18:40:53:18 cover that space above the 8-foot fence.
18:40:56:16 So what we're looking for is approval from the Council
18:41:01:04 to put in the 8-foot wall.

18:41:03:10 We don't want a lesser wall because we've had enough
18:41:06:13 problems with the wall that's been there --
18:41:12:22 >>THOMAS SCOTT: There's an eight-foot wall there
18:41:14:12 already.
18:41:14:27 >> Yes, eight-foot wall.
18:41:16:10 >>THOMAS SCOTT: Staff wants you to bring it down to
18:41:18:16 six?
18:41:19:01 >> Yes.
18:41:19:16 It's their recommendation.
18:41:20:21 >> But that's per --
18:41:22:15 >>THOMAS SCOTT: You need to put your name on the record
18:41:24:12 if you're going to speak.
18:41:27:21 >> I'm sorry.
18:41:28:21 Larry drew with diversified equities.
18:41:32:12 I'm with the applicant.
18:41:35:25 >> Basically, this is part of the problem that we've
18:41:37:21 had in the past with the eight-foot fence and the
18:41:43:06 barrier we have there.
18:41:44:16 You can see the trash that has built up in the corner.
18:41:46:24 Basically, that trash comes from this church bin that
18:41:51:15 is at church without walls.
18:41:53:12 When that trash bin is full and lid is left open, this
18:41:56:04 is what we get.
18:41:58:09 And that has been that way over the last 40, 50 years.
18:42:02:18 That's one of the things we want to stop because when

18:42:04:21 trash blows, it goes into all of the residents'
18:42:07:04 backyards along the southern boundary.
18:42:09:18 And that wall would prevent also the trash and would be
18:42:13:03 a buffer to the construction, which will be going on
18:42:18:00 because some of the things we asked Mr. Drew as soon as
18:42:21:07 possible if the wall could be built first before the
18:42:25:00 construction starts to cut down on the noise.
18:42:28:12 Because right now, we have the MetLife project which is
18:42:31:21 further away, 24-hour noise in the neighborhood.
18:42:35:28 And this is right in our backyard.
18:42:37:28 And I just wanted to mention, I guess it was on the
18:42:40:27 transportation slide, there was an error, because it
18:42:44:06 shows Grady street going all the way through on the
18:42:47:10 west side of that property and it does not.
18:42:50:19 It stops.
18:42:52:06 And that's one of the most important things in the
18:42:55:10 neighborhood because that stops at the playground
18:42:59:00 presently existing which we have problems with cards
18:43:02:07 going over the hill.
18:43:04:06 >>THOMAS SCOTT: Thank you.
18:43:13:13 >> Good evening.
18:43:14:09 I am Debra THOR, 3905 West Spruce Street, and I have
18:43:19:16 been sworn in.
18:43:20:16 There's another resident that's not able to attend
18:43:23:10 tonight.

18:43:23:18 Her name is Iris Patten, and she is an urban planner at
18:43:30:10 the University of Florida, and she wanted the record to
18:43:35:27 state that she is not in support of the six-feet
18:43:41:24 recommendation, but that the eight to ten feet be
18:43:45:10 resurrected.
18:43:46:10 Thank you.
18:43:53:16 >> Good evening.
18:43:54:24 I'm Wilson Robertson, Junior.
18:43:57:06 4221 West Art Street.
18:44:00:06 I represent the Carver City and Lincoln Garden
18:44:05:15 Homeowner Association.
18:44:07:09 We're in support of this project, but we do have some
18:44:11:24 concern in reference to the fence.
18:44:14:13 We ask and hope that the fence will remain to be eight
18:44:17:27 feet tall because we're looking at 14 stories
18:44:24:03 buildings.
18:44:25:21 And it takes away from our privacy.
18:44:29:03 It also would help the noise level while they are
18:44:33:16 building and constructing in that area.
18:44:35:06 And this is what we are very much concerned about, the
18:44:38:04 fence remain at least eight feet or ten feet.
18:44:41:13 I was also very happy to know that we would have a lift
18:44:45:16 station on the northwest corner, because adding that
18:44:48:06 type of situation what we have now, toxic smell.
18:44:56:13 It is unsafe, it's kind of somewhat poisonous from what

18:45:00:18 I was informed.
18:45:02:15 And we are also concerned about the infrastructure in
18:45:06:12 our community as well.
18:45:07:15 We have people who will never see -- may have to jog in
18:45:12:09 the street.
18:45:13:12 Not sufficient amount of sidewalks.
18:45:14:21 So sidewalks is something that we are very much
18:45:18:06 concerned about.
18:45:18:25 It brings safety to the community, and this is
18:45:21:19 something that we are very much concerned.
18:45:23:15 We are in support of this project.
18:45:25:28 We want to make sure that the things that we have
18:45:28:09 already talked about is documented that these things
18:45:30:19 will happen.
18:45:32:03 Thank you very much.
18:45:41:04 >> I have not been sworn in yet.
18:45:42:24 >>THOMAS SCOTT: Anybody else who has not been sworn?
18:45:46:00 If you have not been sworn, stand, please.
18:45:48:16 Raise your right hand.
18:45:51:24 (Oath administered by clerk).
18:45:56:15 >> I do.
18:45:57:03 My name is Eric Armstrong.
18:45:59:06 I stay at 4215 LaSalle Street in Carver City.
18:46:03:00 I am the vice president of the homeowners association.
18:46:05:09 And we are in support of the project, and we ask that

18:46:10:12 Council allow for the eight-foot wall to help to reduce
18:46:13:04 the amount of noise and effect on the residents in that
18:46:17:21 area.
18:46:18:03 Also, that the existing wall there currently
18:46:21:16 eight-foot, plus there are other eight-foot walls
18:46:25:03 throughout our community and other areas in our
18:46:27:03 community.
18:46:27:15 So we're just requesting that the eight-foot wall be
18:46:30:06 there.
18:46:31:06 And we took it to the members of the association, and
18:46:33:24 they are in support of an eight-foot wall there.
18:46:36:15 Thank you.
18:46:38:06 >>THOMAS SCOTT: Ms. Feeley, you wanted to address the
18:46:40:15 eight-foot wall?
18:46:41:18 >>ABBYE FEELEY: Pursuant to chapter 27-1.30, which is
18:46:45:06 buffering requirements, when you have the uses that are
18:46:47:09 being proposed tonight against the single-family reuses
18:46:50:03 to the south, our requirement is a six-foot masonry
18:46:53:06 wall with a 15-foot landscape buffer.
18:46:55:22 Pursuant to 27-1.33 which is the fence and wall
18:46:59:28 regulations in an office or commercial, you can have an
18:47:02:19 eight-foot wall.
18:47:03:25 So in a PD situation, it is when you go before Council,
18:47:09:18 what you ask is on that PD.
18:47:11:15 So be it the pleasure of Council be eight foot, be it

18:47:16:06 the pleasure of the petitioner, that is fine.
18:47:19:00 Again, please add that to your multilist of motions
18:47:22:06 there, and just so that they are aware they'll need to
18:47:26:25 show it exactly in the location and at the height that
18:47:29:19 is being requested.
18:47:31:18 >>THOMAS SCOTT: Councilman Miranda.
18:47:33:27 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
18:47:35:18 The petitioner?
18:47:36:03 We've heard from the neighborhood, and I think very
18:47:40:24 eloquently from people who have lived there for a long
18:47:44:24 time, and they've been very pleased with the operation
18:47:47:04 there, especially moving, the lift station and
18:47:50:06 developing, and they really ask for two minor
18:47:53:03 operational differences.
18:47:54:09 One would be the eight-foot wall.
18:47:56:22 Do you have any difficulty with establishing that?
18:47:59:19 >> No, actually, I think it was a misunderstanding
18:48:01:15 between staff and the petitioner when we were talking
18:48:03:15 about the eight-foot wall.
18:48:05:03 We thought six was only what was going to be
18:48:07:09 recommended.
18:48:07:19 So that's why we asked them to show up tonight to ask
18:48:10:04 for their eight-foot wall, so we have no problem with
18:48:12:28 it.
18:48:13:06 >>CHARLIE MIRANDA: Secondly, they have asked for the

18:48:14:24 wall to be built first.
18:48:17:00 Do you have any problem with that?
18:48:19:06 >> The only problem we have and we have discussed it
18:48:23:00 with them, we agree to have it built as early as
18:48:25:18 possible.
18:48:26:00 We have to tear out the existing pavement because it's
18:48:28:13 right up against the fence right now.
18:48:30:16 And we have to relocate some trees first.
18:48:33:28 But as soon as we can get that in as far as
18:48:36:25 construction timing, we have no problem with that being
18:48:40:15 in as early as possible.
18:48:42:06 >>CHARLIE MIRANDA: Talking about the trees on site for
18:48:43:28 relocation.
18:48:44:27 >> Right, we have to remove that, find a storage place
18:48:48:15 and move them again.
18:48:50:09 We only have so much greenspace on that one buffer.
18:48:55:21 >>JOSEPH CAETANO: Mr. Miranda took my words.
18:48:57:21 I saw Mr. Smith was going up and down with his head, so
18:49:01:12 I think he agrees.
18:49:02:21 >> Absolutely.
18:49:05:21 >>THOMAS SCOTT: You-all understand -- so they'll put
18:49:09:18 the wall up as soon as they possibly can.
18:49:12:15 You all in agreement with that?
18:49:15:03 Okay.
18:49:15:18 Do you have anything to say?

18:49:18:13 >>CHARLIE MIRANDA: Move to close.
18:49:19:21 >>LINDA SAUL-SENA: Second.
18:49:20:16 >>THOMAS SCOTT: All in favor, let it be known by aye.
18:49:24:06 >>CHARLIE MIRANDA: You have the ordinance here?
18:49:25:13 Thank you, Mr. Chairman.
18:49:30:07 I move an ordinance in the general vicinity of 2520 and
18:49:34:15 2522 north Dale Mabry Highway in the City of Tampa,
18:49:37:27 Florida, more particularly described in sections one
18:49:40:03 from zoning districts classification OP-1, office
18:49:43:25 professional PD, planned development, residential
18:49:46:13 retail, providing an effective date, providing to that
18:49:49:03 what Ms. Abbye Feeley brought in, which was things of
18:49:53:07 nature noted on the site plan for trees to be
18:49:58:04 transplanted A note saying the location of the
18:50:00:04 transplanted trees and their maintenance will be
18:50:02:09 provided to construction services division at the time
18:50:05:13 of permitting and a note of commitment to maintenance
18:50:09:28 agreement for the transplanted tree for two years along
18:50:12:15 with an eight-foot wall and along with building the
18:50:15:18 wall as soon as possible.
18:50:16:21 And I think that covers, but I'm not sure.
18:50:23:06 >>LINDA SAUL-SENA: And adding a note saying that they
18:50:24:21 create a little bike pad access to the west and they
18:50:26:18 would show on the site plan the sidewalk connection to
18:50:30:10 the existing F.D.O.T. sidewalk on Dale Mabry.

18:50:35:04 >>THOMAS SCOTT: Moved by Miranda seconded by Saul-Sena.
18:50:38:16 All in favor, aye.
18:50:40:12 So moved and ordered.
18:50:41:03 >>CHARLIE MIRANDA: Move to open public hearing number
18:50:43:18 3, Mr. Chairman.
18:50:45:13 >>LINDA SAUL-SENA: Second.
18:50:45:24 >>THOMAS SCOTT: All in favor, let it be known by aye.
18:50:48:19 So moved and ordered.
18:50:50:15 >> Previous motion carried with Dingfelder being absent
18:50:54:10 at vote and Mulhern and Miller being absent.
18:51:11:09 >> Second reading of adoption on 15, May, 9:30 a.m.
18:51:17:24 >>THOMAS SCOTT: Item number 3.
18:51:18:24 >> LaChone Dock, Land Development Coordination.
18:51:28:24 I have been sworn.
18:51:29:18 The next item on tonight's agenda is item Z08-13 for
18:51:34:21 the property located at 5010 North 40th Street.
18:51:35:06 The request is to rezone the property from CI
18:51:38:27 commercial intensive to PD planned development.
18:51:41:12 The petitioner proposes to rezone the property from CI
18:51:44:28 to PD to bring an existing assisted living facility
18:51:51:06 into compliance.
18:51:51:16 The 1.68-acre site currently contains an existing
18:51:52:09 two-story building and is located on 40th Street.
18:51:55:00 The site is surrounded by a mix of single-family homes
18:51:57:27 to the west and commercial uses to the north, east and

18:52:01:06 south.
18:52:01:18 This request would allow the assisted living facility a
18:52:05:07 maximum of 125 beds, the PD setbacks are as follows, to
18:52:09:22 the north 100.8 feet, south 29.5 feet, east 37.2 feet.
18:52:16:13 And west 22.1 feet.
18:52:18:21 A total of 34 parking spaces are required and 33
18:52:23:04 parking spaces are provided.
18:52:24:19 The subject site is located within the East Tampa
18:52:27:21 overlay district and any future development must comply
18:52:32:07 with all applicable regulations through the permitting
18:52:34:22 process.
18:52:35:03 I have an aerial of the site to familiarize you with
18:52:46:03 the location.
18:52:46:21 This is the site located on 40th Street.
18:52:48:24 Ellicott is south of the site, and the property is
18:52:55:12 zoned CI.
18:52:57:01 Mostly CI zoning along 40th Street.
18:53:00:03 Residential west of the site and east of the site.
18:53:01:28 And here is an aerial of the parcel.
18:53:07:10 Located on 40th.
18:53:09:03 I have pictures of the site.
18:53:15:22 Here is another view of the site on 40th street.
18:53:24:15 The northern portion of the site along 40th.
18:53:30:24 That's a view looking north on 40th Street.
18:53:40:28 This is the southern portion of the site.

18:53:43:00 This is south of the site on 40th street.
18:53:52:24 Further south on the corner of Ellicott.
18:53:55:15 East of the site.
18:53:59:06 Another parcel east of the site.
18:54:04:21 And another site east, located on 40th.
18:54:11:24 Staff has reviewed the petition and finds it
18:54:17:27 inconsistent with the applicable City of Tampa Code
18:54:20:10 requirements.
18:54:21:13 The requested modifications are made between first and
18:54:24:04 second reading, staff will find the request consistent.
18:54:26:15 For Land Development Coordination, supposed to add a
18:54:32:06 waiver to the site plan for reduction of required
18:54:34:06 parking spaces from 34 to 33.
18:54:38:06 For solid waste, we request to add the following to
18:54:42:27 note number three.
18:54:45:15 At the solid waste collection site, a minimum 21-foot
18:54:48:16 vertical clearance shall be provided over the dumpster
18:54:50:21 and over the service vehicle.
18:54:52:01 And for transportation, to add a waiver to reduce the
18:54:56:16 stall length of line from 27 to 24 for the ADA parking
18:55:01:21 spaces, all angled parking spaces except the ADA
18:55:04:15 parking spaces need to be labeled as compact parking
18:55:07:07 spaces and must have a stall length measuring 24 feet.
18:55:10:15 The total number of provided parking spaces should be
18:55:14:21 changed to 33.

18:55:15:25 And that concludes my presentation.
18:55:19:21 If you have any questions, I'm available.
18:55:30:21 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
18:55:32:21 I have been sworn.
18:55:33:19 The site is located in the East Tampa area on the
18:55:41:10 western face of 40th Street south of Hillsborough
18:55:43:27 Avenue.
18:55:44:12 As we can see here, the predominant land use
18:55:47:10 classification is heavy commercial 24 along 40th
18:55:50:28 Street, residential 35, residential 20 and, of course,
18:55:53:22 residential 10 presence here also as evidenced by the
18:55:56:16 parcelization.
18:55:57:15 Here is a small sliver of residential 10 for the
18:56:04:01 property.
18:56:04:06 However, this does meet the consideration for
18:56:05:06 locational criteria, more than 50% of the block based
18:56:07:24 on this part, the western part of 40th Street already
18:56:11:04 has a commercial zoning district.
18:56:12:10 So it does meet the case for locational criteria for
18:56:16:25 the site.
18:56:17:24 Plus you already have heavy commercial on probably
18:56:18:13 about 85 to 90 percent of the site in question.
18:56:21:19 As was already explained to you by Ms. Dock, the
18:56:23:18 purpose for putting this here is to recognize an
18:56:27:15 existing assisted living facility, a type of operation

18:56:30:21 which is really going to be more and more in demand
18:56:33:16 with our aging population, and it's something that is
18:56:38:27 already provided as a contributing use to the
18:56:40:18 surrounding community.
18:56:41:15 I do believe there are residents that were former
18:56:44:15 residents of homes in the area, residences in the area
18:56:47:24 that are either living here or there are people that
18:56:50:24 have relatives that are living in the area.
18:56:52:09 So it has provided a very good service to the
18:56:55:21 surrounding area.
18:56:57:12 Planning Commission staff based on the evidence
18:56:59:10 provided finds the proposed request consistent with the
18:57:02:09 comprehensive plan.
18:57:06:12 >>THOMAS SCOTT: Thank you, Mr. Garcia.
18:57:07:18 Any questions of staff, Council?
18:57:12:01 Okay.
18:57:17:27 Petitioner?
18:57:25:15 >> My name is Karim Allibhai.
18:57:35:03 >>THOMAS SCOTT: Anyone here in opposition to the
18:57:36:28 project?
18:57:37:09 Anyone here in opposition?
18:57:38:16 Anyone here who supports it but think you need to come
18:57:46:01 up and put your name on the record?
18:57:47:24 Okay.
18:57:48:27 You want to give us a brief overview?

18:57:51:18 >> The property is an assisted living property now.
18:57:55:27 The premises have been there for many years, over 30
18:58:00:00 years.
18:58:00:15 Used to be a nursing home some years ago.
18:58:03:16 The current owners purchased the property approximately
18:58:06:00 three years ago and revamped it and turned it into a
18:58:09:03 secure Alzheimer's dementia assisted living facility.
18:58:14:24 The request for the rezoning has arisen largely because
18:58:19:18 we had some storage rooms in the facility within the
18:58:23:16 existing footprint of the building, which we are now
18:58:26:27 changing the use of internally and converting them into
18:58:29:22 resident rooms.
18:58:30:12 So basically, we're trying to add ten more beds within
18:58:34:18 the existing footprint of the building.
18:58:38:00 >>THOMAS SCOTT: You understand what you need to do to
18:58:40:00 come into compliance with all the staff requirements?
18:58:42:03 >> Yes, sir, and the staff has been very helpful.
18:58:44:13 >>THOMAS SCOTT: Are you in agreement to the conditions?
18:58:47:12 >> Absolutely.
18:58:48:21 >>CHARLIE MIRANDA: Move to close the public hearing,
18:58:50:00 Mr. Chairman.
18:58:53:25 >>THOMAS SCOTT: Do you want to speak?
18:58:55:06 >> Could I say one last thing?
18:58:57:15 If it's necessary, I have brought letters of support
18:59:00:00 from some of our neighbors, which I would like to add

18:59:02:25 to the record.
18:59:08:01 >>THOMAS SCOTT: Yes, ma'am, would you come forward.
18:59:10:03 State your name and address for the record please.
18:59:12:10 >> Jenny Bellows, 4359 Neff Lake.
18:59:16:03 I live in Brooksville.
18:59:17:24 I commute 90 miles every day to work at Central Tampa.
18:59:21:21 I felt it was important to tell you what Central Tampa
18:59:24:12 is because we're not just an assisted living facility.
18:59:28:21 We are a specialty facility.
18:59:30:27 We are residents.
18:59:35:06 Dementia, primarily Alzheimer's and memory impairment
18:59:38:27 population.
18:59:39:12 We have many times received residents that no other
18:59:46:24 facility would any longer take care of.
18:59:49:21 Bounce from one facility to another.
18:59:51:21 And we were their last chance.
18:59:54:16 And we made it work.
18:59:55:28 We have that reputation in Tampa.
19:00:00:00 You know, we'll take your worst-case -- we'll take your
19:00:04:13 worst case and go the distance and try to give them a
19:00:08:10 decent life there.
19:00:10:01 We have real specialized programs.
19:00:13:12 We treat our people not as people to be baby sat.
19:00:16:22 We treat them like individual human beings.
19:00:19:18 We have counselors and therapists in place -- here with

19:00:24:18 us today that teach us how to know everybody on an
19:00:29:06 individual personal basis, and we do not baby-sit.
19:00:32:04 We have expanded medical services far beyond anything
19:00:36:12 mandated by AHCA, we have a approximation, medical
19:00:42:10 director, podiatrist, therapy, physical, occupational,
19:00:46:18 speech, psychiatric therapies, ophthalmologist,
19:00:51:06 dermatologist, in-house X-rays, in-house blood testing
19:00:57:21 lab, far beyond what is required.
19:00:59:24 I personally believe that we could serve as a model and
19:01:04:06 probably one day will serve as a model for an assisted
19:01:09:15 living facility for Alzheimer's.
19:01:10:25 I do not know of any other Alzheimer's facility in the
19:01:13:21 county like us, as large as us or even in the state.
19:01:17:12 I would say that the biggest service that we provide to
19:01:21:28 our aging population as they are devastated by this
19:01:27:09 disease and we're in the baby boomer era right now.
19:01:32:00 What we provide is that they can live a good life and
19:01:37:15 we're dedicated to that in spite of their conditions
19:01:39:21 and their diseases.
19:01:41:06 Thank you.
19:01:42:15 >>THOMAS SCOTT: Thank you.
19:01:46:07 >> My name is David hooper, 2005 Polo club lane,
19:01:50:15 Lithia, Florida.
19:01:51:12 I have been sworn.
19:01:52:12 My mother-in-law is one of the residents at central

19:01:55:12 Tampa.
19:01:55:27 She's been there about a year and six months.
19:01:58:18 Year and four months ago, I was put on the transplant
19:02:01:27 list for lungs.
19:02:03:03 Last Thursday night, the 17th, my pager went off.
19:02:08:06 If my mother-in-law was still living with us where she
19:02:11:21 lived most of her life or my wife and mine adult life,
19:02:16:16 she lived with us, when it went off, my pager went off
19:02:21:09 Thursday night, we would have nothing to do, no place
19:02:24:03 to put this lady, and I'm just here to praise these
19:02:28:25 people in support for what they do for the aging
19:02:33:15 community of this county.
19:02:34:18 Thank you.
19:02:35:03 >>THOMAS SCOTT: Thank you for coming down.
19:02:37:18 There's a motion to move to close.
19:02:39:06 All in favor, let it be known by aye.
19:02:42:01 So moved and ordered.
19:02:43:09 Who has the resolution?
19:02:49:12 >> Ordinance rezoning property in the general vicinity
19:02:51:21 of 5010 north 40th street in the City of Tampa,
19:02:56:01 Florida and more particularly described in section one
19:02:58:00 from zoning district classifications C-1, commercial
19:03:02:12 intensive, to PD, planned development assisted living
19:03:06:06 facility, providing an effective date.
19:03:09:01 >>THOMAS SCOTT: Councilwoman Saul-Sena.

19:03:11:10 >>LINDA SAUL-SENA: I just wanted to thank the
19:03:13:27 administrators of this facility for having a facility
19:03:15:27 like this, because the demand in our community is
19:03:20:21 really going to increase, and I think that providing
19:03:23:00 more beds is going to really meet a community need.
19:03:27:06 And the letters that you shared with us are very
19:03:29:19 touching.
19:03:30:15 Thank you.
19:03:30:27 >>CHARLIE MIRANDA: Mr. Chairman, just for the record, I
19:03:32:27 want to add the collection of items that were presented
19:03:35:28 earlier by the staff of the city to be included in the
19:03:39:24 draft between first and second reading so that they can
19:03:42:12 be appropriately signified and signaled out and voted
19:03:47:27 on properly in the second reading so there would not be
19:03:51:12 a delay.
19:03:52:27 >>THOMAS SCOTT: Thank you.
19:03:54:13 That's a motion.
19:03:55:09 So moved and ordered.
19:03:56:12 Second reading will be when?
19:03:57:16 >>THE CLERK: Motion carried with Dingfelder absent at
19:04:00:06 vote, Miller and Mulhern absent.
19:04:03:12 May 15th, 9:30 a.m.
19:04:06:00 >>CHARLIE MIRANDA: Move to open item number 4.
19:04:08:27 >>LINDA SAUL-SENA: Second.
19:04:09:25 >>THOMAS SCOTT: So moved and ordered.

19:04:11:21 Moving right along tonight, that's wonderful.
19:04:29:25 >> LaChone Dock, Land Development Coordination.
19:04:32:09 I have been sworn.
19:04:33:06 The next item on tonight's agenda is V08-10 for the
19:04:37:24 property located at 2514 West Kennedy Boulevard.
19:04:41:03 The request -- the current zoning of the property is
19:04:43:24 CG, commercial general, and the request is for a
19:04:46:15 special use for a bank with a drive-in window.
19:04:49:09 The petitioner is proposing a special use to convert
19:04:53:06 and expand the existing structure to a bank with a
19:04:56:00 drive-through for Anderen Bank.
19:04:58:07 The proposed building is 4,642 square feet with a
19:05:01:25 maximum building height of 45 feet.
19:05:03:27 The building setbacks are as follows: North 34 feet,
19:05:07:21 6 inches.
19:05:08:09 South 96 feet.
19:05:09:13 West 69 feet.
19:05:11:12 And east 28 feet.
19:05:12:21 A total of 19 parking spaces are required, and 34
19:05:16:27 spaces are being provided.
19:05:18:15 And I have an aerial of the site.
19:05:27:12 And this is the site located on Kennedy.
19:05:31:28 You have Platt south of the parcel.
19:05:34:09 North A is north of the parcel.
19:05:36:18 Tampania is west of the site.

19:05:39:09 And this is an aerial of the site.
19:05:48:16 And I have pictures of the site.
19:06:05:21 This is the front on Kennedy as it exists today.
19:06:10:18 This is a view of the current parking for the site as
19:06:14:18 it exists.
19:06:15:25 This location is east of the site.
19:06:21:27 This is north of the site, on the northwest corner of
19:06:26:28 Kennedy and Tampania.
19:06:28:16 This is located west of the site and this is another
19:06:33:28 view from Tampania of that site.
19:06:36:15 And this is located southwest of the site on Tampania.
19:06:42:07 Staff has reviewed the petition and finds the request
19:06:48:00 inconsistent with City of Tampa Land Development code;
19:06:51:00 however, if the following revisions are made between
19:06:54:15 first and second reading, staff will amend that request
19:06:58:04 and find the petition consistent.
19:07:00:10 For solid waste, the request is at the end of comment
19:07:07:07 number 6 to add the words tree canopy to the note.
19:07:10:13 There was a request also listed within the staff report
19:07:13:12 that the petitioner provide a copy of the easement
19:07:16:15 agreement.
19:07:17:15 That has been provided.
19:07:18:21 So they have satisfied that requirement.
19:07:20:24 And that concludes staff's presentation.
19:07:24:22 >>LINDA SAUL-SENA: I'm looking at this site plan, and

19:07:28:15 it isn't clear to me.
19:07:30:21 It looks like there's a wooden fence around the
19:07:33:18 perimeter rather than masonry and I just wondered why.
19:07:37:15 Or am I not reading it right.
19:07:41:00 It looks like it's a wooden fence.
19:07:43:24 Well, how come -- does it not have to be?
19:07:56:28 Just because masonry lasts longer, looks better.
19:07:59:27 >> Because of the abutting uses to this parcel, the
19:08:02:21 masonry is not required.
19:08:04:09 It's abutted with commercial uses.
19:08:07:03 If it was residential abutting, then, yes, it would be
19:08:10:28 required as a buffer.
19:08:13:18 >>THOMAS SCOTT: Thank you.
19:08:22:04 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
19:08:23:27 I have been sworn.
19:08:24:27 The site is located just off the southwest corner of
19:08:29:24 the intersection of Armenia and Kennedy Boulevard.
19:08:32:24 As we all know, Kennedy Boulevard is a major arterial
19:08:35:24 within the City of Tampa, actually designated one --
19:08:38:01 was designated as one of our first redevelopment
19:08:40:16 corridors in the city.
19:08:41:27 Armenia is a major arterial.
19:08:44:15 It's a one-way that we know is one of two major roads.
19:08:48:22 You have Howard Avenue over here.
19:08:50:18 Two major north-south roots that basically form the

19:08:54:27 business corridor for the West Tampa area.
19:08:57:15 As far as the land use categories are concerned, along
19:09:00:07 Kennedy Boulevard, we have urban mixed use 60 on both
19:09:03:28 sides.
19:09:04:09 Urban mixed use 60 extends all the way down here to
19:09:07:12 Cleveland on this particular segment.
19:09:09:04 You have CMU-35, community mixed use-35 on this side of
19:09:13:10 Armenia.
19:09:14:06 This is still urban mixed use 60 on this side.
19:09:17:00 Residential 35 here and residential 20 over in this
19:09:20:27 area.
19:09:21:12 As Ms. Dock already stated to you correctly, most of
19:09:24:07 the uses in this particular area, as one can see from
19:09:29:03 the aerial, are commercial uses.
19:09:32:13 There is no residential in this immediate area over
19:09:35:15 here, and there is quite a bit as we know redevelopment
19:09:38:24 going on in this particular segment of south Armenia.
19:09:42:00 There are -- mostly what you see south of Kennedy
19:09:43:27 Boulevard, this has become pretty much a professional
19:09:46:09 office area with some supporting general commercial
19:09:49:03 uses and, of course, we have our new Publix not too far
19:09:52:12 off.
19:09:52:19 It's just out of the picture to the southeast.
19:09:56:07 The site in question is a fast food restaurant.
19:09:59:13 I think it's one of your favorites, Mr. Miranda, YAYA's

19:10:08:03 chicken.
19:10:08:15 It will be going to another CG type of use.
19:10:11:06 >>CHARLIE MIRANDA: What was there before that?
19:10:13:21 >>TONY GARCIA: I'm sure you can tell me.
19:10:15:16 >>CHARLIE MIRANDA: I can, but I'm not.
19:10:17:15 [ LAUGHTER ]
19:10:18:09 Avery's Clinic across the street.
19:10:23:18 That used to be Jiffy Lube, now Texaco Lube.
19:10:29:03 >>TONY GARCIA: That's correct.
19:10:29:24 >>CHARLIE MIRANDA: But I'm not going to tell you the
19:10:33:13 rest.
19:10:35:04 >>TONY GARCIA: Based on -- that's a tough act to
19:10:39:21 follow.
19:10:40:06 I have to start it.
19:10:43:06 Most of the uses here are CG uses.
19:10:46:21 You don't really see a lot of CI uses on this
19:10:49:06 particular segment of Kennedy Boulevard.
19:10:51:03 The request is pretty much going to be the same type of
19:10:53:13 use as far as the CG use.
19:10:55:09 The request is consistent with the comprehensive plan.
19:10:58:00 Follows the policies in the future land use element
19:11:00:03 that talk about the commercial uses and location of
19:11:02:09 commercial uses and proximity to major arterial and
19:11:04:24 collector roads.
19:11:12:16 >>GINA GRIMES: Gina Grimes with the law firm of Hill,

19:11:15:00 Ward, Henderson, 101 East Kennedy Boulevard, Tampa,
19:11:17:22 Florida, suite 3700.
19:11:19:21 I am here tonight representing Anderen Financial of
19:11:24:00 Tampa Bay.
19:11:24:12 I'm joined by the Anderen president, Daniel Caamano.
19:11:29:12 Before I begin my presentation, I would like to hand
19:11:31:13 out some materials, if I may.
19:11:34:15 >>THOMAS SCOTT: Go ahead and do that.
19:11:35:22 Anyone here in opposition?
19:11:37:12 Anyone here in opposition to this?
19:11:42:27 No one here in opposition.
19:11:45:00 Okay.
19:11:45:15 Okay, Ms. Grimes, you want to make it brief?
19:11:49:12 >> I'll make it brief.
19:11:50:18 This proposal to locate Anderen's first Tampa branch
19:11:56:24 bank as well as some executive offices on this site.
19:12:00:15 The site is already zoned CG, as you heard, a bank is
19:12:03:28 allowed in a CG zoning district.
19:12:05:22 The reason we're here tonight is because part of the
19:12:08:09 proposal is to include a drive-through window for the
19:12:11:07 bank.
19:12:11:22 The current building on the site is YAYA's chicken
19:12:16:19 which also includes a drive-through window.
19:12:19:13 So really all we're doing is converting the existing
19:12:21:09 restaurant with a drive-thru window to a bank with a

19:12:26:19 drive-thru window.
19:12:27:12 As also mentioned, we're adding a small amount of
19:12:29:15 square footage, approximately 1700 square feet to the
19:12:32:24 existing building.
19:12:34:00 I have some pictures I'd like to go over with you very
19:12:36:27 quickly just to show you the location of the drive
19:12:40:00 through which is really the subject of this public
19:12:41:24 hearing tonight.
19:12:43:03 It's the drive through that we're seeking approval for.
19:12:46:01 The front of the structure, and as you enter the site
19:12:49:06 off of Kennedy Boulevard and you can see, you would be
19:12:52:12 heading south towards the dumpsters.
19:12:54:21 That's the beginning of the drive aisle.
19:12:56:13 As you turn around the building heading east, you can
19:12:59:10 see the back of the drive-through window area, and then
19:13:04:24 looking south again from Kennedy towards the
19:13:08:03 drive-through window right here is the drive-through
19:13:11:07 aisle.
19:13:11:22 And you can see here as you go around the front, the
19:13:15:19 drive-through window does cut in front of the building.
19:13:18:21 Mr. Miranda, there's your Texaco oil change facility.
19:13:26:18 Mr. Diaz's law office on the western side.
19:13:29:18 There's another real estate office in the rear.
19:13:29:24 And then across the street is the Tampa veterinary
19:13:35:06 clinic and the old TGH medical clinic.

19:13:38:07 Mr. Garcia mentioned that we are in the UMU-60 comp
19:13:44:03 plan category, which is the second most intensive comp
19:13:46:21 plan category in the city.
19:13:48:13 It's a bank with a drive-thru window, completely
19:13:51:04 appropriate and consistent use with that comp plan
19:13:53:15 category.
19:13:53:25 The same thing with the zoning.
19:13:55:28 We're surrounded by CG zoning.
19:13:58:04 There is an RO and RM-16 to the southwest, but we're
19:14:02:00 also surrounded by office and other commercial uses.
19:14:06:21 The legal standard by which this application is
19:14:09:12 supposed to be judged are the S-2 standards, the
19:14:13:13 special use two standards in the zoning code and there
19:14:15:21 are three.
19:14:16:12 I have included them in your package of materials.
19:14:18:21 First requirement, we have to have direct access to an
19:14:21:07 arterial.
19:14:21:27 We do that, we're on Kennedy Boulevard.
19:14:23:25 Number two, we have to have adequate space for the
19:14:26:06 queuing for the drive through window.
19:14:28:00 We have space for eight vehicles.
19:14:29:24 And the third is, we have the queue lane and window
19:14:33:06 have to be 50 feet from residential and we meet that
19:14:35:19 requirement as well.
19:14:37:00 >>THOMAS SCOTT: Okay, Ms. Grimes.

19:14:38:07 I think you're okay tonight.
19:14:42:27 >>CHARLIE MIRANDA: May I ask staff a question?
19:14:44:18 The first presentation by the staff, they talked about
19:14:47:13 inconsistency.
19:14:47:24 Are we talking just about the tree canopy?
19:14:50:15 Because everything else seems to be consistent, what I
19:14:52:18 heard.
19:14:53:28 >> We have to add the word tree canopy.
19:14:56:09 Just those two words to one of the solid waste notes.
19:14:58:27 >>CHARLIE MIRANDA: You're not opposed to that?
19:15:02:00 >> No.
19:15:02:27 >>THOMAS SCOTT: Councilwoman Saul-Sena.
19:15:04:07 >>LINDA SAUL-SENA: Thank you.
19:15:10:06 >> No, we have no objection to those.
19:15:11:24 >>LINDA SAUL-SENA: I was wondering if you were aware
19:15:13:27 that the Kennedy Boulevard overlay at this point has a
19:15:17:21 very specific light fixture and if you have light
19:15:20:21 fixtures, if you'll use the right ones.
19:15:25:03 >> I did need to address that, Ms. Saul-Sena.
19:15:26:28 One of the attractions to the site is the existing
19:15:29:12 building and drive through window and the layout of the
19:15:32:03 site fit almost perfectly the proposal for the bank.
19:15:36:15 Because there are very little alterations that have to
19:15:38:22 be made to the building, we don't trigger the
19:15:42:27 requirement to comply with the Kennedy Boulevard design

19:15:45:07 standards.
19:15:45:19 We're under the 51% threshold.
19:15:48:21 All we're doing is some exterior alterations.
19:15:53:06 And adding some square footage.
19:15:55:06 >>LINDA SAUL-SENA: You're not adding light posts?
19:15:58:03 >> No, that is part of the Kennedy Boulevard design
19:16:00:21 standard requirement, the street lighting.
19:16:02:24 We are adding the street trees, we're not adding any
19:16:05:15 lighting.
19:16:08:07 >>LINDA SAUL-SENA: I think it's a missed opportunity,
19:16:11:00 but you're making the building look a thousand times
19:16:13:25 better.
19:16:14:18 >> Right.
19:16:14:24 And I did want to put this new elevation into the
19:16:17:22 record.
19:16:18:07 >>LINDA SAUL-SENA: Are you using the existing sign
19:16:22:03 that's on a post, I forget what that's called?
19:16:24:28 >> The pole sign.
19:16:26:04 Our signage will have to comply with the new sign code.
19:16:29:03 >>LINDA SAUL-SENA: Thank you.
19:16:29:21 >>THOMAS SCOTT: You want to submit that for the record.
19:16:32:04 >> I think we did.
19:16:33:15 >>THOMAS SCOTT: Anyone in support want to speak?
19:16:36:06 You don't have to.
19:16:39:21 >>CHARLIE MIRANDA: Move to close, Mr. Chairman.

19:16:41:18 >>LINDA SAUL-SENA: Second.
19:16:44:00 >>THOMAS SCOTT: All in favor --
19:16:46:12 >>CHARLIE MIRANDA: When the ordinance comes up, we'll
19:16:48:12 bring up what you needed.
19:16:50:25 >>THOMAS SCOTT: They want to add something.
19:16:52:16 Okay.
19:16:52:24 >> LaChone Dock Land Development Coordination.
19:16:56:00 There are three items I would like to add.
19:16:58:13 Under the tree notes, remove the statement that there
19:17:00:24 are no trees being removed.
19:17:02:12 And remove note number four which states there are no
19:17:07:06 protected trees on-site.
19:17:09:04 And also add to note number 8, chapter 13.
19:17:15:04 >>THOMAS SCOTT: All in --
19:17:16:27 >>MARTIN SHELBY: There's no objection to that,
19:17:18:22 Ms. Grimes?
19:17:19:15 >> No objection.
19:17:20:10 >>THOMAS SCOTT: All in favor to close.
19:17:21:21 So moved and ordered.
19:17:23:00 Mr. Miranda.
19:17:28:03 >>CHARLIE MIRANDA: Mr. Chairman, move an ordinance, a
19:17:31:21 special use permit 2 approving a bank with a drive-in
19:17:35:06 window and a CG commercial general zoning district in
19:17:38:06 the general vicinity of 2514 West Kennedy Boulevard in
19:17:41:09 the City of Tampa, Florida, and more particularly

19:17:44:03 described in section one thereof approving waivers as
19:17:47:00 set forth herein providing for an effective date.
19:17:48:18 Added to this would be the recommendation of city staff
19:17:51:27 on the items that they talked regarding no trees
19:17:55:27 removal, so forth and so on that was so eloquently
19:18:00:07 stated.
19:18:00:22 >>LINDA SAUL-SENA: Second.
19:18:02:06 >>THOMAS SCOTT: Moved and seconded.
19:18:05:00 All in favor of the motion, aye.
19:18:08:15 >>CHARLIE MIRANDA: Move item number 5 to open.
19:18:10:03 >>THE CLERK: The motion carried with Dingfelder absent
19:18:12:16 at vote, Mulhern and Miller being absent.
19:18:15:21 Second reading and option May 15th 9:30 a.m.
19:18:22:15 >>THOMAS SCOTT: Motion made for item number 5.
19:18:24:06 Motion by Councilman Miranda and second by Councilwoman
19:18:26:18 Saul-Sena.
19:18:28:13 >>MARTIN SHELBY: Items 5 and 6 are related.
19:18:31:00 Number 6 is the wet zoning with regard to the rezoning
19:18:34:24 associated with item five.
19:18:36:04 If you could open that one, too.
19:18:40:00 >>THOMAS SCOTT: Include that in the motion --
19:18:42:22 >>CHARLIE MIRANDA: I would do that if it's legally
19:18:47:01 correct, open five and six at the same time.
19:18:49:04 >>THOMAS SCOTT: So moved and ordered.
19:18:51:28 >> LaChone Dock, Land Development Coordination.

19:18:54:19 I have been sworn.
19:18:55:12 The next item on the night's agenda is Z08-19 for the
19:18:59:06 property located at 8409 North 39th Street and 8414
19:19:10:10 North 40th Street.
19:19:11:18 The request is to rezone the property from CG,
19:19:15:04 commercial general, and RM-24, residential multifamily,
19:19:18:06 to PD, planned development.
19:19:19:21 The petitioner is proposing to rezone the property from
19:19:19:21 CG and RM-24 to PD, planned development, to allow for a
19:19:20:09 VFW post.
19:19:22:03 The petitioner is proposing to expand the existing
19:19:25:21 one-story structure to 3600 square feet.
19:19:29:12 Based upon the site plan submitted, the maximum
19:19:31:06 building height is 25 feet.
19:19:32:19 The proposed building setbacks are as follows.
19:19:35:03 To west, 78 feet, 6 inches.
19:19:37:21 North 17 feet, south 13 feet, and east 33 feet.
19:19:41:15 The proposed setbacks and building heights are
19:19:43:21 consistent with the existing structure on-site.
19:19:46:18 The required parking is 12 spaces and 12 parking spaces
19:19:50:18 will be provided.
19:19:51:10 And I have an aerial of the site.
19:20:00:12 40th Street east of the site and this is 39th to
19:20:04:06 the west.
19:20:04:28 There's an aerial.

19:20:13:28 There's another view of the site.
19:20:15:24 And this is a picture of the site on 40th Street.
19:20:23:18 Another view of the site.
19:20:29:25 This is a picture of the site looking east.
19:20:33:21 This is on 39th Street.
19:20:35:21 Another view on 39th Street.
19:20:41:15 This is south of the site on 39th Street.
19:20:45:18 And north of the site on 39th Street.
19:20:49:27 This is north of the site on 40th.
19:20:54:15 South of the site on 40th Street.
19:20:59:28 South of the site also.
19:21:04:00 This is east of the site on 40th.
19:21:06:21 And another view east of the site.
19:21:09:00 Staff has reviewed the petition and finds it
19:21:16:03 inconsistent with City of Tampa Land Development code.
19:21:17:21 The following changes are made between first and second
19:21:20:01 reading, staff would find the request consistent.
19:21:22:01 The landscape specialist placed a note on the plan
19:21:28:24 which states bollards will be placed on the south side
19:21:31:24 of the tree to direct garbage trucks and ensure the
19:21:34:25 branch is protected.
19:21:36:09 And there are comments addressed within the staff
19:21:39:28 report from transportation.
19:21:42:03 These comments have been addressed in the site plan.
19:21:45:24 The petitioner has requested a waiver for those items.

19:21:49:27 And this concludes my presentation.
19:21:51:22 I'm available if you have questions.
19:21:54:27 >>LINDA SAUL-SENA: Will the petitioner be adding
19:21:57:09 additional trees to this site?
19:21:58:21 Aren't they required to?
19:22:01:01 >> They have proposed landscaping and additional trees
19:22:04:24 on the site.
19:22:05:13 Hedges along --
19:22:10:07 >>LINDA SAUL-SENA: Are they putting trees on -- maybe
19:22:12:28 Mary Danielewicz can --
19:22:20:12 >> Mary Danielewicz Bryson, Land Development
19:22:22:07 Coordination, I have been sworn.
19:22:24:03 There are a number of large trees on-site including two
19:22:26:24 or three grand and because of that, they are not
19:22:31:07 required to replace any additional trees on-site.
19:22:34:06 >>LINDA SAUL-SENA: But they'll protect them.
19:22:36:01 >> Yes, absolutely.
19:22:37:01 We've ensured that.
19:22:50:24 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
19:22:52:27 I have been sworn.
19:22:53:27 The site, as Ms. Dock has told you this evening, is on
19:23:02:06 the west side of 40th Street.
19:23:04:24 This site is located within the neighborhood boundaries
19:23:07:15 of Temple Crest Neighborhood Association.
19:23:10:15 We have two land use categories for the proposed site

19:23:12:15 in question.
19:23:13:03 Community mixed use-35, which is pretty much the
19:23:16:07 existing land use along 40th Street.
19:23:19:06 And you have residential 35 to the west, and then it
19:23:21:21 goes down in intensity to residential 10 and then, of
19:23:25:00 course, you have residential 10 to the east on the
19:23:27:18 eastern side of 40th Street.
19:23:29:12 The structure will be on the CMU-35 piece but can be
19:23:33:00 allowed also to encroach into the R-35 as it does meet
19:23:37:06 locational criteria for that particular type of use.
19:23:40:00 The request does entail an expansion of the present
19:23:43:00 structure on-site to accommodate the needs of the
19:23:46:18 applicant.
19:23:47:24 And as Ms. Dock has also stated to you, the rear part
19:23:51:27 will be used for parking with the appropriate buffering
19:23:54:16 that is required to accommodate as -- screening for the
19:24:02:00 residential uses that do exist to the west of the site.
19:24:04:24 Looking at the aerial, you can see that 40th Street
19:24:07:03 currently does consist of a variety of low intensity
19:24:11:10 types of commercial uses, mostly CG and CN uses with an
19:24:15:12 occasional CI along 40th Street.
19:24:17:04 Of course, do you have a lot of vacant parcels as far
19:24:19:21 as the existing lay of the land is concerned.
19:24:21:28 For something like this to come and be developed on
19:24:26:00 this particular segment at 40th Street would be

19:24:28:09 something that would not necessarily be an adverse
19:24:30:12 thing.
19:24:30:27 It would be something that would be complementary for
19:24:33:00 the community and would be a contributing use to the
19:24:35:13 40th Street corridor.
19:24:36:21 The Planning Commission found the proposed request
19:24:39:00 consistent with the comprehensive plan.
19:24:40:03 Thank you.
19:25:03:12 >>ABBYE FEELEY: Abbye Feeley, Land Development
19:25:04:21 Coordination.
19:25:05:16 Council, in addition to the relocation of the VFW to
19:25:08:09 this location, as you're hearing through the rezoning,
19:25:10:15 there is a wet zoning associated with this tonight.
19:25:12:15 To present that quickly to you, the petitioner is
19:25:16:03 requesting an 11-C wet zoning for the sale of alcoholic
19:25:19:19 beverages on the above-mentioned property in connection
19:25:22:06 with a VFW post club.
19:25:24:22 The proposed wet zoning contains 4,978 square feet and
19:25:29:04 the sale of alcohol will be incidental to the primary
19:25:32:15 function of the business.
19:25:33:15 There are currently no wet zoned establishments within
19:25:36:12 a thousand feet, as the staff report reflects.
19:25:40:09 There are residential and institutional uses within a
19:25:42:15 thousand feet; however, pursuant to chapter 3, section
19:25:45:13 370-A-6 and A-7, there are provisions for Council to

19:25:51:06 waive the restrictions as to the distance when, one, it
19:25:55:22 is incidental and the other pursuant to A-7 is when it
19:25:58:21 is demonstrated that the petitioner is relocating a
19:26:01:03 business establishment that has been or will be taken
19:26:03:18 by the city or another governmental entity or
19:26:06:16 subdivision pursuant to eminent domain, which was, I
19:26:10:03 believe what happened here with this relocation as the
19:26:12:19 expansion of 40th Street.
19:26:13:27 Staff is available for any questions.
19:26:19:25 >>THOMAS SCOTT: Officer Miller.
19:26:21:10 >> Good evening, Council.
19:26:22:13 Officer don Miller, City of Tampa Police Department.
19:26:24:21 I've been sworn.
19:26:25:16 City of Tampa Police Department has no objections to
19:26:27:04 this wet zone.
19:26:28:12 I spoke with Terry Neal, the president of the homer
19:26:32:04 association on this particular investigation, and they
19:26:33:25 were also in very much support of the VFW post.
19:26:36:27 Thank you.
19:26:37:01 >>THOMAS SCOTT: Petitioner?
19:26:39:00 >> Good evening, Mr. Chairman, members of Council.
19:26:40:19 My name is Mark Bentley, 201 North Franklin Street.
19:26:43:19 I proudly represent the Veterans of Foreign War Post
19:26:47:25 10140, Temple Terrace.
19:26:52:21 They were -- this organization was displaced in

19:26:53:16 connection with the widening of 40th Street.
19:26:56:18 They were formerly located about a half mile to the
19:26:56:18 south of the northeast corner of River Hills and 40th.
19:26:56:21 So they are moving in close proximity, which is very
19:27:01:19 important to maintain their membership, obviously.
19:27:03:15 So we've had tremendous support, not only TPD and
19:27:06:18 staff, but Mr. Neil, the president of the Civic
19:27:10:06 Association, e-mailed Cynthia Miller sometime in
19:27:12:21 January, hopefully you have seen that e-mail.
19:27:15:00 They are in support of both the land zoning and wet
19:27:18:04 zoning.
19:27:18:19 I don't think I need to make a presentation.
19:27:20:12 Then with respect to the wet zoning, here again, as
19:27:23:21 Abbye indicated your code says if an organization is
19:27:25:27 displaced as a result of eminent domain action, which
19:27:29:00 is the situation that we're dealing with here, is that
19:27:31:00 you have discretion to waive the distance separation
19:27:34:00 part.
19:27:35:03 >>THOMAS SCOTT: Anyone in opposition to the petition?
19:27:37:06 Ms. Feeley, do you have anything else to say?
19:27:45:15 >>CHARLIE MIRANDA: Mr. Chairman, move to close.
19:27:48:09 Item number 5.
19:27:49:04 I think we have to pass the zoning before we do the
19:27:51:15 alcohol.
19:27:54:27 >>JULIA COLE: Julia Cole, Legal Department.

19:27:57:03 Mr. Miranda is correct.
19:27:58:27 Do you want to do the rezoning before the wet zoning;
19:28:01:12 however, I wanted to indicate that there's a substitute
19:28:03:21 ordinance on the wet zoning which is in the clerk's
19:28:05:24 possession.
19:28:06:09 Thank you.
19:28:08:28 >>THOMAS SCOTT: There's been a motion to close.
19:28:10:16 All in favor, let it be known by aye.
19:28:12:16 Opposed.
19:28:13:06 So moved and ordered.
19:28:21:12 >>JOSEPH CAETANO: Mr. Chairman, ordinance to rezone
19:28:23:04 property in the general vicinity of 8409 north 39th
19:28:26:15 Street and 8414 north 40th Street in the City of
19:28:30:03 Tampa, Florida, and more particularly described in
19:28:32:27 section 1 from zoning district classifications CG,
19:28:37:01 commercial general and RM-24 residential multifamily to
19:28:42:00 PD planned development VFW post, providing an effective
19:28:46:25 date.
19:28:47:03 >>LINDA SAUL-SENA: Second.
19:28:48:03 >>CHARLIE MIRANDA: Mr. Chairman, upon that second, I
19:28:50:27 believe there are additional items that have to be
19:28:52:27 added.
19:28:53:12 I'm sure the petitioner will agree.
19:28:56:01 Something on bollards.
19:28:57:09 >> That's not a problem.

19:28:58:09 >>CHARLIE MIRANDA: I think --
19:29:01:18 >> The only one they requested was to put the bollards
19:29:04:12 on the site plan.
19:29:05:09 We agree to do that.
19:29:07:27 >>CHARLIE MIRANDA: I'm ready for the vote.
19:29:09:24 >>THOMAS SCOTT: All in favor, let it be known by aye.
19:29:14:12 >>CHARLIE MIRANDA: Item number 6 has to be -- we just
19:29:17:27 listened.
19:29:18:27 I don't know if there's any opposition to the alcohol.
19:29:22:09 >>THOMAS SCOTT: There wasn't any opposition.
19:29:23:27 I asked --
19:29:25:03 >>CHARLIE MIRANDA: I move to close item number 6 at
19:29:27:03 this time.
19:29:27:10 >>LINDA SAUL-SENA: Second.
19:29:28:15 >>THOMAS SCOTT: All in favor, let it be known by aye.
19:29:30:18 So moved and ordered.
19:29:32:13 Do we have an ordinance, resolution?
19:29:44:22 >>LINDA SAUL-SENA: I'd like to move an ordinance making
19:29:46:21 lawful the sale of beverages regardless of alcoholic
19:29:49:06 content, beer wine and liquor, 11-C for consumption on
19:29:52:24 premises only at or from that certain lot, plot or
19:29:55:09 tract of land located at 8409 north 39th Street and
19:29:59:00 8414 north 40th Street Tampa, Florida, as more
19:30:02:24 particularly described in section 2 hereof, waiving
19:30:05:00 certain restrictions as to distance based upon certain

19:30:07:25 findings, providing for repeal of all ordinances in
19:30:10:00 conflict, providing an effective date.
19:30:13:16 >>THOMAS SCOTT: It's been moved and seconded.
19:30:15:00 All in favor, let it be known by aye.
19:30:17:06 >>THE CLERK: The motion carried with Dingfelder being
19:30:19:27 absent at vote, Miller and Mulhern being accident,
19:30:23:13 second reading and adoption on both May 15th at
19:30:26:12 9:30 a.m.
19:30:27:25 >> Thank you very much and have a good evening.
19:30:30:00 >>THOMAS SCOTT: Mr. Harris, would you stand up.
19:30:32:13 26 years ago, did all the wiring in our congregation,
19:30:38:00 electrician.
19:30:38:25 And it's good to see him tonight.
19:30:41:18 Go back a long ways.
19:30:43:28 >>CHARLIE MIRANDA: I'm sure he'll do more wiring.
19:30:46:01 >>THOMAS SCOTT: Good to see you tonight.
19:30:47:27 >>CHARLIE MIRANDA: Open number 7, Mr. Chairman.
19:30:49:22 >>THOMAS SCOTT: Before we do that, we have a request to
19:30:51:27 take a five-minute break because we only have four
19:30:55:16 members.
19:30:56:01 We'll take a five-minute break and we come right back
19:30:59:04 to finish up.
19:31:00:06 Thank you very kindly.
19:31:01:00 [Recess]
19:44:10:12 >>THOMAS SCOTT: Tampa City Council will now come back

19:44:12:10 to order.
19:44:13:03 Before our next presentation, let me just mention, Jill
19:44:19:15 Karsi fell down the stairs, I understand, and broke
19:44:25:01 both her ankles.
19:44:26:15 So we want to send out our prayers of support to her
19:44:32:00 and let her know that she's missed and we wish her
19:44:36:10 well.
19:44:36:25 Jill, I hope you are watching.
19:44:38:21 Okay.
19:44:41:00 Roll call.
19:44:46:04 >>CHARLIE MIRANDA: Here.
19:44:46:15 >>JOSEPH CAETANO: Yeah.
19:44:50:09 >>LINDA SAUL-SENA: Here.
19:44:52:18 >>THOMAS SCOTT: Here.
19:44:54:04 We need to open item 7.
19:45:02:12 So moved and ordered.
19:45:05:03 >>LaCHONE DOCK: LaChone Dock, Land Development
19:45:07:15 Coordination.
19:45:08:15 I have been sworn.
19:45:09:12 The next item on tonight's agenda is Z08-20 for the
19:45:12:09 property located at 5601 and 5603 North Armenia Avenue.
19:45:16:07 The request is to rezone the parcel from PD, planned
19:45:19:07 development, to PD planned development, for the use of
19:45:22:27 a restaurant.
19:45:23:28 The petitioner is proposing to rezone the property to

19:45:27:03 expand the current restaurant use.
19:45:29:16 The property contains 18,140 square feet.
19:45:32:28 The plan proposes an increase of approximately 1,151
19:45:36:25 square feet to allow development of a new kitchen and
19:45:40:06 storage area.
19:45:40:21 The proposed building setbacks are as follows.
19:45:43:18 North 7 feet 6 inches.
19:45:45:16 East 115 feet.
19:45:47:21 West 11 feet, 2 inches.
19:45:49:15 And south 28 feet -- 28.3 feet.
19:45:52:12 The required parking is 21 spaces and 21 parking spaces
19:45:58:10 will be provided.
19:45:59:06 And I have an aerial of the site.
19:46:08:21 This is the location of the site on Armenia, and
19:46:12:15 Comanche is the southern border of it.
19:46:20:13 Hillsborough to the south of the site.
19:46:22:07 Here is another view of the site, an aerial.
19:46:25:00 And there are pictures of the site.
19:46:34:04 This is the southern view on Comanche.
19:46:36:24 This is the east side of the site on Comanche.
19:46:43:21 There's a picture of the site on Armenia, the northern
19:46:49:09 view.
19:46:49:21 This is located north of the site.
19:46:53:19 West of the site on Armenia.
19:47:01:06 Southwest of the site.

19:47:05:01 South of the site.
19:47:10:06 And this is further south of the site.
19:47:12:16 And another view.
19:47:15:27 This is looking east on Comanche.
19:47:18:27 And this is east of the site on Comanche.
19:47:21:18 Staff has reviewed the petition, and finds it
19:47:28:04 inconsistent with City of Tampa Land Development code.
19:47:30:18 If the requested modifications are made between first
19:47:33:01 and second reading, staff will find the request
19:47:35:09 consistent.
19:47:35:21 The Land Development Coordination revised the site plan
19:47:42:03 to accurately reflect the 7.6 feet north setback from
19:47:46:09 the landscape specialist.
19:47:50:00 If there are any existing utilities in the building
19:47:52:19 being demolished, these should be abandoned in place.
19:47:56:12 Also, the existing concrete should be reused to prevent
19:47:59:15 destruction of the existing root structure of this
19:48:02:12 tree.
19:48:02:19 Those are two notes that should be placed on the plan.
19:48:05:18 The retention is to be vaulted.
19:48:12:06 And for transportation, their only objection is the
19:48:20:10 access to a local road, which is noted within the site
19:48:23:18 plan as a waiver.
19:48:26:21 This concludes staff presentation if you have any
19:48:28:27 questions.

19:48:30:15 >>LINDA SAUL-SENA: I have a quick question in the notes
19:48:33:27 from staff, it says that the tree tables should be
19:48:39:18 changed to reflect the trees removed without permits.
19:48:42:16 What happens in a situation like that?
19:48:48:13 >> Mary Danielewicz Bryson, Land Development
19:48:51:12 Coordination.
19:48:52:15 What typically occurs is they get triple feed and they
19:48:55:27 have to do full inch per inch replacement of the tree.
19:48:59:16 >>LINDA SAUL-SENA: Are they doing that?
19:49:01:12 >> This particular site did not have a tree removed
19:49:04:10 without permit.
19:49:05:03 It's another site.
19:49:05:28 It's on the report.
19:49:09:06 The way the note should have read was accurately
19:49:11:28 reflect the trees being removed from the site because
19:49:16:19 the tree table was incorrect.
19:49:20:24 Had to adjust that and they've done that.
19:49:23:09 >>LINDA SAUL-SENA: Thank you.
19:49:24:16 >> You're welcome.
19:49:27:18 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
19:49:29:13 I have been sworn.
19:49:30:09 The site is located just north of the intersection of
19:49:37:00 West Hillsborough Avenue and Armenia.
19:49:39:18 This is also another major commercial intersection.
19:49:44:12 As you can see, the site is -- has a split land use of

19:49:50:03 residential 10 and heavy commercial 24.
19:49:51:21 This is for the expansion of the existing restaurant,
19:49:53:22 which is La Lechonera Restaurant.
19:49:54:21 It's been in this particular area for quite a bit of
19:49:57:07 the time.
19:49:58:06 The residential ten piece is where you'll have the
19:50:00:09 parking, which is an allowable use as ancillary use to
19:50:03:16 the primary use.
19:50:04:21 Residential 10 to the west and to the east as one
19:50:11:15 departs Armenia Avenue.
19:50:13:15 You also have CMU-35 along this particular segment of
19:50:17:19 Hillsborough Avenue and heavy commercial 24 looking at
19:50:20:06 the aerial, you can see there are a variety of --
19:50:23:21 especially along Hillsborough Avenue, more intensive
19:50:26:06 uses, you do have CI and CG primarily here.
19:50:29:03 Sweetbay supermarket right over here, small commercial
19:50:33:10 strip center over here.
19:50:34:09 Along Armenia Avenue, this particular center of Armenia
19:50:37:12 Avenue, low density, medical office, professional
19:50:39:15 office, some general commercial.
19:50:41:24 There are a couple of also -- couple of light CI uses
19:50:44:27 up over here that have been there quite a bit of time.
19:50:55:24 The request as proposed to the city, the site plan is
19:51:01:03 one of the better ones that we have seen for something
19:51:03:03 like this as far as transitioning into the residential

19:51:05:09 neighborhood, because you do have that buffer of the
19:51:08:03 existing lot that you have there.
19:51:09:06 And you don't have an encroachment, further
19:51:11:27 encroachment of commercial uses into the east.
19:51:14:00 This is not within a Neighborhood Association.
19:51:15:27 It's on the boundary of the Wellswood Civic
19:51:18:06 Association, but it is in proximity to Wellswood but
19:51:21:18 it's not within one.
19:51:22:21 The Planning Commission found the proposed request
19:51:24:12 consistent with the comprehensive plan.
19:51:32:16 >>THOMAS SCOTT: Any questions?
19:51:34:03 Petitioner?
19:51:49:24 >> My name is Eliberto Melendez.
19:51:54:04 5601 North Armenia Avenue.
19:51:54:15 I have been sworn.
19:51:56:06 We are remodeling a permit to remodel in the building,
19:52:02:03 and adding a new kitchen for better quality of service.
19:52:10:24 And we remodeling the old storage building to create
19:52:14:21 more parking space and green areas.
19:52:16:27 And I ask the Council to approve it.
19:52:20:00 >>THOMAS SCOTT: Okay.
19:52:21:00 Anyone here in opposition?
19:52:23:06 Anyone here in opposition to the petition?
19:52:25:06 Anyone in support, want to stand up and be recognized.
19:52:28:01 >>LINDA SAUL-SENA: Move to close.

19:52:30:10 >>CHARLIE MIRANDA: Second.
19:52:31:09 >>THOMAS SCOTT: All in favor, let it be known by aye.
19:52:33:21 So moved and ordered.
19:52:40:15 >>CHARLIE MIRANDA: I move an ordinance rezoning a
19:52:42:28 property in the general vicinity of 5601, 5603 North
19:52:48:06 Armenia Avenue in the City of Tampa, Florida, more
19:52:51:18 particularly described in section one from zoning
19:52:51:18 district classification PD, planned development,
19:52:51:18 restaurant, to PD, planned development, restaurant,
19:52:52:03 providing an effective date.
19:52:56:18 Also, included in that are the requests from the city
19:52:59:24 staff to meet those obligations that were stated so
19:53:02:27 eloquently.
19:53:04:27 [Speaking Spanish]
19:53:33:13 >> Thank you, Charlie.
19:53:34:21 >>CHARLIE MIRANDA: I told him you were a nice guy.
19:53:38:21 >>THOMAS SCOTT: Motion on the floor.
19:53:39:27 Resolution by Councilman Miranda, seconded by
19:53:45:12 Councilwoman Saul-Sena.
19:53:46:07 So moved and ordered.
19:53:47:18 >>THE CLERK: Motion carried with Dingfelder absent at
19:53:51:00 vote, Mulhern and Miller absent.
19:53:53:18 Second reading and adoption May the 15th at 9:30 a.m.
19:53:56:06 >>CHARLIE MIRANDA: Move item 9 to be opened.
19:53:59:12 >>THOMAS SCOTT: All in favor, let it be known by aye.

19:54:02:13 So moved.
19:54:03:06 We have 9 and 12.
19:54:10:06 These are the last two items of the evening.
19:54:12:03 >>CHARLIE MIRANDA: Done such a good job, you might be
19:54:15:27 Chairman next week.
19:54:17:15 [ LAUGHTER ]
19:54:19:09 >>THOMAS SCOTT: Thank you.
19:54:22:03 >>LaCHONE DOCK: LaChone Dock, Land Development
19:54:23:19 Coordination.
19:54:24:15 I have been sworn.
19:54:25:12 The next item on tonight's agenda, Z08-22 for property
19:54:28:18 located at 10901 Malcolm McKinley Drive.
19:54:37:21 The request is to rezone the parcel from IH, industrial
19:54:37:21 heavy, to PD, planned development.
19:54:37:28 The petitioner is proposing to rezone the property from
19:54:40:16 IH to PD to allow for residential multifamily
19:54:43:15 development for private housing for USF students.
19:54:46:21 The site contains two parcels that are separated by an
19:54:51:12 industrial zone parcel.
19:54:52:19 The parcel to the north contains 6.41 acres on which
19:54:56:25 the petitioner proposes to develop two three-story
19:55:01:19 buildings containing 100 units.
19:55:03:25 Two cottage units and a community center.
19:55:06:06 The PD setbacks are as follows.
19:55:08:06 North and east three-foot minimum.

19:55:10:07 South, three-foot minimum.
19:55:11:25 West ten feet.
19:55:12:24 The required parking is 206 spaces and 276 spaces are
19:55:16:18 provided.
19:55:17:10 The south parcel contains 9.89 acres.
19:55:20:27 The petitioner proposes to develop four three-story
19:55:24:18 buildings containing 175 units and 10 cottage units.
19:55:29:07 The PD setbacks are as follows.
19:55:31:07 North, east and south, three-foot minimum and west
19:55:34:24 10 feet.
19:55:35:16 The required parking is 380 spaces.
19:55:38:18 And 466 spaces are provided.
19:55:41:06 The petitioner is proposing shared parking with the
19:55:45:12 adjacent industrial use located between the two
19:55:48:03 parcels.
19:55:48:18 This site is located in an area that has seen recent
19:55:52:04 rezoning activity with multifamily development west of
19:55:54:21 this site and commercial and industrial uses north,
19:55:57:15 east and south of this site.
19:55:59:13 And I'd like to put up the zoning map for you.
19:56:11:21 And these are the two parcels located on Malcolm
19:56:20:16 McKinley.
19:56:21:09 And here is an aerial of the parcel.
19:56:29:03 McKinley is west.
19:56:30:25 Bougainvillea is south of the parcel.

19:56:33:19 46th Street is east of the site.
19:56:35:16 This is a picture of the northern parcel located on
19:56:45:10 McKinley.
19:56:46:03 This is the commercial site between the two parcels.
19:56:51:03 And another view of that site.
19:56:57:09 And this is the southern parcel.
19:56:58:27 And that's another view of the southern parcel on
19:57:05:03 McKinley and further south.
19:57:07:21 This is west of the site on McKinley.
19:57:12:01 This is a recent PD development.
19:57:14:00 And this is north of the site on McKinley.
19:57:17:10 Staff has reviewed the petition and finds it
19:57:23:15 inconsistent with City of Tampa Land Development code.
19:57:30:03 From the landscape specialist, there were several items
19:57:34:06 of issue that I'd like to mention.
19:57:37:10 The request is to indicate the trees that are to be
19:57:42:25 transplanted on the site plans.
19:57:45:06 Those were not indicated upon the last submittal of the
19:57:48:06 site plan.
19:57:49:03 Under note number 22, remove the word right-of-way from
19:57:52:06 the note.
19:57:53:04 And also, the development is retaining 50% of the
19:57:57:12 required trees through the transportation of plant --
19:58:00:03 of palms.
19:58:00:25 And these are issues that Mary could address more for

19:58:03:24 you.
19:58:04:06 From transportation, the following note should be
19:58:08:10 placed on the site plan prior to the first certificate
19:58:11:09 of occupancy for this project.
19:58:13:07 A transportation mitigation payment of $96,074 will be
19:58:17:24 made to the transportation division for improvements in
19:58:20:15 the area.
19:58:21:03 Solid waste would like the access lane to be extended
19:58:27:27 to allow service vehicle space to make the required
19:58:30:10 alignment without encroachment over landscape island to
19:58:33:24 the west of it.
19:58:34:16 And stormwater has the following comments they would
19:58:38:18 like to have added to the site plan.
19:58:40:06 To retain on-site the first half inch of stormwater
19:58:43:27 runoff with no credit given for existing impervious
19:58:48:18 areas, retain 50 year storm as per storm water
19:58:51:27 technical standard.
19:58:52:18 All the ponds will be built prior to filling the
19:58:55:00 existing pond, provide drainage flow-through easement
19:58:59:22 to accept the stormwater runoff coming from the
19:59:01:25 existing building in the middle of the project areas.
19:59:04:16 And that concludes staff's presentation if you have any
19:59:08:27 questions.
19:59:09:06 >>LINDA SAUL-SENA: I have a couple of questions, I
19:59:11:07 would like to hear from the landscape specialist.

19:59:14:00 I didn't see any trees on the site plan, and we
19:59:17:07 received an elevation, but it appears to be a one-story
19:59:20:18 structure, and yet in the verbiage says they are three
19:59:23:27 stories.
19:59:24:07 So if you could clarify that or maybe the petitioner
19:59:27:06 can.
19:59:29:22 >>LaCHONE DOCK: Yes, regarding the elevations, those
19:59:31:22 were the elevations of the cottage units and I believe
19:59:34:10 they do have others -- and then I'll let Mary address
19:59:38:04 the landscape issue.
19:59:45:19 >> Mary Danielewicz Bryson, Land Development
19:59:48:10 Coordination.
19:59:49:06 I have been sworn.
19:59:50:24 Most of the trees on the site are palm trees.
19:59:52:27 There was a cluster of three oak trees on the property
19:59:56:00 that I had wanted the petitioner to develop around.
19:59:59:15 And due to the amount of fill in that area, it was not
20:00:03:12 feasible for them to save those trees.
20:00:05:27 They are a little bit larger than what would allow for
20:00:10:21 transplantation, but I did encourage them strongly to
20:00:14:00 save those three oak trees.
20:00:17:06 There are four-inch trees being proposed as
20:00:20:24 replacements.
20:00:21:21 And it's up to the Council's pleasure as to whether or
20:00:24:07 not they feel that is sufficient for the site.

20:00:27:12 >>LINDA SAUL-SENA: Are the trees -- are the oak trees
20:00:29:15 near the edge of the property where they could just
20:00:31:12 give up a couple of parking spaces and save them?
20:00:34:15 >> No, they are at the edge of the drive aisle.
20:00:36:18 I had suggested doing an island and possibly a tree
20:00:40:21 well.
20:00:41:03 And I can let the petitioner address as to the
20:00:44:27 difficulties that they have with that.
20:00:46:01 >>LINDA SAUL-SENA: Is that the tree on the picture?
20:00:48:04 >> No.
20:00:48:19 Actually, if you look at the elmo, it is these trees
20:01:11:10 right here.
20:01:15:15 >>LINDA SAUL-SENA: Are any shade trees being preserved
20:01:17:24 on the property?
20:01:19:15 >> No.
20:01:20:25 >>LINDA SAUL-SENA: No shade trees.
20:01:21:25 >> No.
20:01:22:09 >>LINDA SAUL-SENA: And they are putting in four-inch
20:01:24:09 trees and they are protecting palms.
20:01:26:12 >> Correct.
20:01:26:22 >>LINDA SAUL-SENA: Which don't even count.
20:01:28:15 >> Correct.
20:01:29:18 >>LINDA SAUL-SENA: And you objected.
20:01:30:24 >> Yes.
20:01:33:03 >>LINDA SAUL-SENA: Thanks.

20:01:40:09 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
20:01:41:28 I have been sworn.
20:01:42:28 This proposal should be fairly familiar to Council as
20:01:51:06 we brought the plan amendment to you not that long ago
20:01:53:27 for this particular site.
20:01:55:06 It's so recent that we have not even changed because we
20:02:00:10 actually prepared this zoning case before you did the
20:02:02:16 plan amendment.
20:02:03:09 But, actually, these two parcels have recently been
20:02:07:00 changed from the heavy industrial land use
20:02:08:16 classification to this particular color, which is
20:02:11:04 CMU-35.
20:02:12:15 Council heard this and approved this in 2005 to go to
20:02:17:21 CMU-35, and subsequently this has been redeveloped as a
20:02:21:06 multifamily project in excess of 300 multifamily units.
20:02:26:15 The applicant then requested this evening, request is
20:02:32:24 something for similar in nature to provide for student
20:02:34:28 housing.
20:02:35:06 When we did the plan amendment, we did not receive --
20:02:38:15 when we did the plan amendment, we received a letter
20:02:40:15 from USF in support of this particular project that
20:02:44:24 will be here as it would contribute to the need for
20:02:47:09 offcampus student housing which was consistent with the
20:02:54:04 USF master plan.
20:02:55:06 We did not receive a similar letter for the rezoning,

20:02:58:03 but really, I think doing it at the plan amendment
20:03:01:28 stage was the appropriate time in doing it because it
20:03:04:22 will lend into the process itself.
20:03:06:04 Having that letter come in at the very beginning of the
20:03:08:21 process just strengthens the whole purpose of what the
20:03:13:12 intent is in re-establishing these particular two
20:03:17:00 parcels from heavy industrial to community mixed
20:03:19:00 use-35.
20:03:20:00 Tampa industrial park is very unique area.
20:03:23:00 As we all know, it's sandwiched right in between two of
20:03:25:19 the main economic engines in this particular area of
20:03:28:28 the northeast university district, Busch Gardens lies
20:03:34:03 to the south.
20:03:34:21 This is urban mixed use 60.
20:03:36:21 Of course, heavy industrial, you have a small
20:03:42:18 residential component to the east on 47th Street.
20:03:45:06 Light industrial will be here.
20:03:46:24 You have had a lot of transition in the area.
20:03:49:10 Of course, you have a lot of research corporate park
20:03:51:18 that's being developed up over here on the north side
20:03:53:24 of Fowler.
20:03:54:16 You do have research corporate park being developed
20:03:57:00 over here that has been going on for quite a bit of
20:04:00:00 time, and there are several new hotels that have been
20:04:03:25 built on this particular segment on the south base of

20:04:04:25 Fowler Avenue.
20:04:06:19 We know Busch Gardens is to the south.
20:04:09:15 USF is to the north.
20:04:10:03 There's the main entrance.
20:04:11:12 As I stated previously, the plan amendment was approved
20:04:14:10 for this, so there is a transition in this area.
20:04:16:24 There is a need for mixture of type of uses.
20:04:20:21 That's what is interesting about Tampa industrial park.
20:04:23:12 You still have industrial uses on the western side
20:04:25:15 along 30th Street.
20:04:26:15 You still have the breweries there.
20:04:28:07 You still have heavy industrial uses there, which is
20:04:30:10 why you still have a lot of the HI categories, but
20:04:33:22 there still probably would be the potential for, I
20:04:35:21 would think, a couple of other vacant sites in the area
20:04:37:24 to maybe even come into the future potentially for the
20:04:40:12 same type of request.
20:04:41:21 The Planning Commission staff based on the need of the
20:04:45:22 university, based on the trend that's been going on
20:04:48:27 over here and, of course, the earlier approval, heavy
20:04:52:13 industrial to CMU 35, subsequently supporting
20:04:56:06 multifamily housing, finds the proposed request with
20:04:58:25 the recent change to CMU 35 for these two parcels, the
20:05:03:01 request to go to multifamily student housing consistent
20:05:04:27 with the comprehensive plan.

20:05:05:27 Thank you.
20:05:11:18 >>THOMAS SCOTT: Petitioner?
20:05:17:00 >> Good evening, Judy James, 325 south boulevard.
20:05:20:00 I have been sworn.
20:05:20:25 This is the request to rezone two parcels on McKinley
20:05:24:15 boulevard totaling 16.3 acres.
20:05:26:18 It will be in a CMU 35 category.
20:05:28:27 We're requesting a density of 16 units on the northern
20:05:31:22 parcel, about 18.7 units on the south.
20:05:34:10 My clients have built similar projects across the
20:05:38:03 eastern United States.
20:05:38:24 They even built one at Ohio state, but they also built
20:05:41:21 at the University of Kentucky, eastern Michigan, Toledo
20:05:44:01 and Tennessee to name a few.
20:05:45:19 The site is located along McKinley boulevard between
20:05:48:18 the D.O.T. office to the north and overflow parking lot
20:05:51:24 for Busch Gardens to the south.
20:05:53:18 It's an excellent location for student apartments
20:05:58:09 minutes away from the main entrance.
20:06:01:01 Also located on Hartline route five which gives it
20:06:04:16 access to Ybor, Busch Gardens, hospitals and downtown.
20:06:07:10 There are two bus stops located near the improved
20:06:10:12 aerial on McKinley with -- complete with bus pullouts
20:06:15:25 and bike lanes.
20:06:16:15 This one is right in front of the D.O.T. office.

20:06:18:21 As you can see, the street trees have been planted
20:06:20:27 along the sidewalk there.
20:06:21:19 We will continue that treatment along McKinley.
20:06:24:06 This is another bus stop just south of this parcel.
20:06:27:21 In terms of this is the improvements to McKinley, and
20:06:31:01 we just wanted to let you know that the improvements
20:06:33:13 were successful.
20:06:34:15 Very little traffic on the road in the middle of the
20:06:36:15 day and even with the apartment complex that was just
20:06:39:15 completed last year across the street and here is
20:06:42:24 another version of that.
20:06:44:18 The cottage units had questions about the one-unit
20:06:51:03 ones, located along the perimeter of the property.
20:06:53:24 Along McKinley.
20:07:09:12 As my clients looked at the project from the
20:07:12:00 engineering standpoint, the retention ponds will be
20:07:14:16 looked along McKinley, but yet the ponds themselves
20:07:17:01 would look barren because they are not always going to
20:07:19:18 have water so they incorporated the single-family
20:07:22:09 cottages, a total of 11 along the perimeter to
20:07:26:06 transition between the road to the multifamily area.
20:07:29:06 The parking for the cottage is actually internal to the
20:07:32:18 project with the apartments, but the objective is that
20:07:35:06 the residents of the multifamily and the cottages would
20:07:38:18 either bike or ride the bus to class or work and leave

20:07:42:00 the cars at their residences.
20:07:43:18 In terms of objections to the site plan, we worked with
20:07:46:03 the staff and satisfy the comments.
20:07:48:12 We did agree to make the contribution of 96,000 --
20:07:53:06 $96,074 as a mitigation improvement for the
20:07:56:21 transportation improvements in the area.
20:07:59:04 The greenspace requirements exceed 110% of the
20:08:02:21 requirements.
20:08:03:01 The palms are the trees that are to be transplanted
20:08:05:22 on-site.
20:08:06:18 One oak is being saved on-site.
20:08:09:06 There's another cluster on the south side that is also
20:08:15:00 being saved along the perimeter of the project.
20:08:18:00 On the south side, and I do have pictures.
20:08:21:12 You'll see that the site pretty much is really denuded.
20:08:25:06 This is the south property, and another picture of the
20:08:29:12 south, and these are the trees in that area that we
20:08:32:16 were talking about to be saved.
20:08:34:28 In terms of the three trees that we just mentioned, we
20:08:37:24 can save one of them.
20:08:39:04 We'll work with staff to change that note on the site
20:08:42:12 plan.
20:08:43:00 One of the other ones could not, it's in the drive
20:08:45:28 aisle for the project and the third one we need to look
20:08:48:01 at one more time.

20:08:48:28 This is an infill site.
20:08:50:27 It's a designated activity center.
20:08:52:21 We're utilizing land that's been vacant for years but
20:08:55:24 lies within an area of significant infrastructure
20:08:58:00 improvements.
20:08:58:15 I did want to show you some pictures of the
20:09:00:18 architecture that's been built in other parts, and this
20:09:03:07 is what the architectural renderings were based on.
20:09:05:24 These are actual projects of my client elsewhere.
20:09:08:12 With that, I'd be happy to answer any questions.
20:09:20:15 >>THOMAS SCOTT: I'm sure there will be questions.
20:09:22:07 Anyone here in opposition?
20:09:23:15 Anyone here in opposition?
20:09:24:22 No one in opposition.
20:09:27:12 Anyone here in support?
20:09:32:21 >>LINDA SAUL-SENA: Two things, where are the bike racks
20:09:35:00 going to be located?
20:09:36:04 >> They are within the project.
20:09:37:04 They are located internal to the project.
20:09:39:00 >>LINDA SAUL-SENA: Do bike racks have to be shown on a
20:09:41:16 site plan?
20:09:43:10 >> We've already incorporated them in in part of our
20:09:47:24 drawings -- not on this site plan.
20:09:49:28 >>LINDA SAUL-SENA: How would I know?
20:09:52:01 >> There's a note on the plan that says they will be

20:09:54:01 included.
20:09:54:12 >>LINDA SAUL-SENA: Are you including shade trees as
20:09:58:01 part of making up -- it said you're relocating palms.
20:10:01:07 Palms don't do much for folks in the summer.
20:10:04:12 I don't think we received a copy of the site plan that
20:10:12:21 shows the trees.
20:10:13:19 Was that part of the packet?
20:10:23:21 >> It's actually part of the landscaping plan that's
20:10:25:28 been submitted to your staff as part of the
20:10:27:24 construction drawings.
20:10:28:15 We're on a fast track with this project because we want
20:10:31:16 to be able to open in August of '09 if at all possible.
20:10:34:15 But the drawings to indicate where the shade trees
20:10:36:27 would go.
20:10:37:19 The trees along McKinley will all be shade trees.
20:10:40:25 The palms are just being relocated to the eastern
20:10:43:21 perimeter of the site.
20:10:44:09 >>LINDA SAUL-SENA: Thank you.
20:10:45:24 Oh, wait.
20:10:48:09 I'm so sorry.
20:10:49:12 You were asking for some -- a couple of things like
20:10:53:09 putting up opaque fencing instead of masonry walls,
20:10:57:10 reducing the landscape buffer from 15 feet to three
20:11:00:19 feet, which is a pretty radical reduction, and I was
20:11:04:00 curious about that.

20:11:05:10 >> We worked very closely with your staff.
20:11:07:28 Three foot is the minimum.
20:11:09:03 It's not all around the perimeter of the project, but
20:11:11:16 we did add a hedge and a landscape and opaque fencing
20:11:15:00 along the perimeter of the property.
20:11:16:18 Basically, if you look at the site plan, where that
20:11:19:00 comes into play primarily is where it abuts the
20:11:27:04 existing facility, existing parking lot so we're going
20:11:31:21 to put up the wall there with the landscaping,
20:11:34:09 separating the two projects.
20:11:39:25 >>THOMAS SCOTT: Any other questions?
20:11:41:13 Motion to close?
20:11:42:22 >>LINDA SAUL-SENA: Move to close.
20:11:44:12 >>THOMAS SCOTT: Staff, do you want to add anything?
20:11:46:10 >>LaCHONE DOCK: LaChone Dock, Land Development
20:11:48:00 Coordination.
20:11:48:25 I did want to address the comment regarding the bike
20:11:52:24 racks.
20:11:52:28 Per code section 27-324, bike racks are not required
20:11:57:22 for residential projects.
20:11:59:16 So if this is something you would like incorporated
20:12:03:06 within the project, we would have to have that noted
20:12:06:04 and added between first and second reading.
20:12:10:18 >>THOMAS SCOTT: I think she said she already had them
20:12:12:13 in the drawing.

20:12:12:28 >>LINDA SAUL-SENA: You can add a note.
20:12:15:15 >>LaCHONE DOCK: It would have to be added between first
20:12:17:22 and second reading.
20:12:18:18 >>THOMAS SCOTT: There's a motion.
20:12:20:03 Do I have a second?
20:12:22:15 So moved and ordered, the motion.
20:12:36:12 >> Ms. Saul-Sena, when you add that condition, that
20:12:38:21 bike rack condition is going to be a special condition
20:12:40:19 of Council, because 27-324 does not require bike racks.
20:12:46:00 What the petitioner has on the plan right now is a note
20:12:48:13 that says they will comply with code.
20:12:50:03 Well, if code does not require it, then there is no
20:12:53:25 compliance.
20:12:56:15 >>CHARLIE MIRANDA: Mr. Chairman, I would like to
20:12:57:28 interject something.
20:12:58:28 I think it would be advantageous to the Council if the
20:13:01:25 petitioner was to request they are going to do this.
20:13:07:27 >> I so request.
20:13:09:21 >> Do we need to reopen?
20:13:12:03 >>JOSEPH CAETANO: Motion to reopen.
20:13:13:15 >>CHARLIE MIRANDA: She said it earlier, I agree you
20:13:15:28 with.
20:13:16:06 >>MARTIN SHELBY: The issue if I understand correctly is
20:13:18:27 a confirmation, affirmative confirmation on the site
20:13:21:25 plan.

20:13:22:06 >>CHARLIE MIRANDA: Correct.
20:13:23:00 >>THOMAS SCOTT: Motion to reopen.
20:13:28:03 >>JOSEPH CAETANO: States here number 10 that bicycle
20:13:30:19 racks should be consistent with the City of Tampa Code.
20:13:36:15 >>THOMAS SCOTT: Mr. James, could you state for the
20:13:38:10 record --
20:13:39:03 >> Would you please ask us to put bike racks on the
20:13:41:24 plan and we will do so.
20:13:43:22 Thank you.
20:13:44:04 However I need to phrase it.
20:13:45:21 >>LINDA SAUL-SENA: Please add a note to your site plan
20:13:48:06 that --
20:13:49:24 >> Will do.
20:13:51:13 >> Move to close.
20:13:52:13 >>THOMAS SCOTT: All in favor, aye.
20:13:53:21 >>JOSEPH CAETANO: Ordinance rezoning property in the
20:13:55:24 general vicinity of 10901 and 10921 Malcolm McKinley
20:14:03:00 drive in the City of Tampa, Florida, and more
20:14:05:25 particularly described in section 1 from zoning
20:14:08:00 district classifications IH, industrial heavy, to PD,
20:14:13:01 planned development, multifamily residential, providing
20:14:16:06 an effective date.
20:14:18:06 >>LINDA SAUL-SENA: Second.
20:14:20:18 >>THOMAS SCOTT: And the motion include all those notes,
20:14:25:15 bike racks and all that.

20:14:27:03 All in favor, let it be known by aye.
20:14:29:00 Opposed, same sign.
20:14:30:00 >>THE CLERK: Motion carried with Dingfelder absent at
20:14:32:24 vote.
20:14:33:09 Miller and Mulhern absent, second reading and adoption
20:14:36:10 May 15th at 9:30 a.m.
20:14:38:25 >>CHARLIE MIRANDA: Mr. Chairman, open number 12.
20:14:40:09 >>LINDA SAUL-SENA: Second.
20:14:41:09 >>THOMAS SCOTT: All in favor, let it be known by aye.
20:14:44:00 All right.
20:14:44:09 This is our last item for the evening.
20:14:46:07 Please note it's 8:15.
20:14:48:00 My prediction, we'll be out by 8:30.
20:14:53:12 >>CHARLIE MIRANDA: Maybe; maybe not.
20:14:58:12 >>JOSEPH CAETANO: No comment.
20:15:00:13 >>LaCHONE DOCK: LaChone Dock, Land Development
20:15:01:24 Coordination.
20:15:02:19 The next item on tonight's agenda, Z08-25, for property
20:15:07:00 located at 907 East Chilkoot Avenue.
20:15:12:01 The request is to rezone the property from RS-50,
20:15:12:01 residential single-family, to PD planned development.
20:15:15:16 The petitioner is proposing to rezone the property from
20:15:17:24 RS-50 to PD to allow for business and professional
20:15:21:07 office uses.
20:15:22:04 The site contains 10,600 square feet.

20:15:24:18 There is an existing single-family home on the parcel,
20:15:27:06 which will be removed.
20:15:28:06 The petitioner proposes to develop a 2400-square-foot,
20:15:32:00 one-story building.
20:15:33:06 The proposed PD setbacks are as follows.
20:15:36:15 North 60.8 feet.
20:15:38:16 East 5 feet, west 15.1 feet and south 15 feet.
20:15:42:22 The required parking is eight spaces.
20:15:44:21 Ten parking spaces will be provided.
20:15:47:22 The site is adjacent to commercial uses to the west and
20:15:50:22 residential uses to the north, east, and south.
20:15:53:06 I have a zoning map of the area.
20:16:01:06 This is the site located on Chilkoot.
20:16:03:06 Bougainvillea is to the south.
20:16:06:16 Nebraska is located west of the site.
20:16:08:06 And this is an aerial of the site.
20:16:14:13 There is a development here now.
20:16:18:19 It's a commercial building that's there now that
20:16:20:15 exists.
20:16:21:00 This is a picture of the site as it exists today.
20:16:31:12 This is east of the site.
20:16:34:10 And this is north of the site.
20:16:39:00 Northwest of the site on the corner of Nebraska and
20:16:45:01 Chilkoot.
20:16:45:21 West of the site on Nebraska.

20:16:52:06 Another view of that site to the west.
20:16:54:00 This is south of the site on Holland, and this is a
20:16:59:24 view looking west on Chilkoot.
20:17:01:25 Staff has reviewed the petition and finds the request
20:17:08:01 inconsistent with City of Tampa Land Development code.
20:17:14:03 >>LINDA SAUL-SENA: Is Chilkoot a residential street?
20:17:18:10 >>LaCHONE DOCK: It is.
20:17:18:25 >>LINDA SAUL-SENA: What is the approximate width?
20:17:27:21 >>LaCHONE DOCK: 50 feet.
20:17:31:09 >>LINDA SAUL-SENA: That's official right-of-way.
20:17:32:19 Is that really how wide it is?
20:17:35:00 >>LaCHONE DOCK: I'm not certain of the exact width.
20:17:37:03 Let me check with transportation just one second.
20:17:39:19 >>LINDA SAUL-SENA: It's a local residential street.
20:17:42:03 >>LaCHONE DOCK: It is a local, yes.
20:17:43:16 >>LINDA SAUL-SENA: And the property to the east of the
20:17:46:10 proposed is all residential and to the north of it is
20:17:50:06 residential.
20:17:50:16 >>LaCHONE DOCK: The properties east of it?
20:17:53:12 Yes.
20:17:56:18 >>LINDA SAUL-SENA: Thank you.
20:17:57:03 >>LaCHONE DOCK: You're welcome.
20:17:58:12 The landscape specialist has the following comments.
20:18:05:19 The utility pole will need to be relocated to route the
20:18:08:15 sidewalk around the tree and meet the minimum

20:18:10:18 protective radius for the tree.
20:18:12:01 Please place the vehicle use area calculation on the
20:18:17:00 plans.
20:18:17:15 And on the south and east property line, please provide
20:18:21:12 one shrub or vine every ten feet along the masonry
20:18:24:13 wall.
20:18:25:09 Transportation had the following comments, to provide a
20:18:27:12 10-foot flare on each side of the property and correct
20:18:31:03 the parking required to be eight spaces.
20:18:33:12 Parks and recreation would like a note added for
20:18:38:06 above-grade construction is required for all sidewalk
20:18:41:09 construction adjacent to the right-of-way trees with
20:18:43:04 oversight by certified arborist.
20:18:45:28 Solid waste would like to visually depict a connected
20:18:50:03 paved walkway from each car enclosure to the already
20:18:53:27 proposed walkway to the driveway to the point of
20:18:56:18 collection along Chilkoot Avenue.
20:18:59:00 This concludes staff's presentation.
20:19:03:13 I'm available if you have any questions.
20:19:13:27 >>TONY GARCIA: Thank you, Mr. Chairman.
20:19:14:27 Tony Garcia, Planning Commission staff.
20:19:16:12 The site is located in the East Tampa area, located
20:19:22:15 within the enterprise zone.
20:19:24:07 We have two predominant land use categories for this
20:19:29:12 particular area.

20:19:30:15 Heavy commercial 24.
20:19:33:27 The proposed use is residential 20.
20:19:36:16 Here's a parcel.
20:19:37:16 If the parcel wasn't in the enterprise zone, you would
20:19:42:00 have a locational criteria requirement, which the site
20:19:44:00 would meet anyway.
20:19:45:03 Since it is within the enterprise zone, the locational
20:19:48:06 criteria requirement is waived because part of the
20:19:50:07 waiving there is to encourage redevelopment of sites
20:19:53:09 within the enterprise zone area.
20:19:55:12 The site does abut a more intense type of strip CG use
20:20:01:09 along Nebraska Avenue.
20:20:03:15 As we know, Nebraska Avenue is very well known for CG,
20:20:06:15 CI, more intense type of uses in the HC 24 district.
20:20:10:27 As you can see on the aerial, there is a residential
20:20:13:06 presence, of course, off of Nebraska Avenue.
20:20:17:21 There are some parcels on the west side that go a
20:20:21:06 little bit deeper as far as the types of uses.
20:20:25:09 There is a mobile home park directly to the north of
20:20:28:06 the site.
20:20:28:28 There is a residence to the south of the site.
20:20:32:04 One of the things about the proposed request, it
20:20:36:03 initially came in for professional office and retail
20:20:39:15 uses.
20:20:40:00 Now, retail was too intense for a local street.

20:20:45:00 That, of course, being Chilkoot.
20:20:47:03 The request for professional office is something would
20:20:50:00 be a little more palatable and something that can be
20:20:52:27 taken into consideration considering the location
20:20:55:06 within the enterprise zone area, which is why some
20:20:58:03 latitude was given to the request that was being
20:21:00:16 initially made.
20:21:01:06 Also, if you look at the elevation, the maximum height
20:21:03:24 is only 22 feet, and when you look at the location, it
20:21:08:12 does have a pitched roof when you look at the elevation
20:21:11:03 provided.
20:21:11:09 So it is residential in character to a degree as far as
20:21:15:27 the form.
20:21:16:15 We're really trying to look a little more at the form
20:21:19:18 and less at the use.
20:21:20:27 If the form is more compatible and consistent with the
20:21:24:13 character of the neighborhood, something that should be
20:21:26:12 taken into consideration as to whether or not this can
20:21:29:03 be compatible with the surrounding uses, particularly
20:21:31:13 if they are residential uses.
20:21:33:19 Based on those findings, Planning Commission staff
20:21:35:19 found the proposed request based on this location and
20:21:38:00 the design of the structure, which is compatible with
20:21:43:01 the surrounding structures and the existing uses in the
20:21:46:03 area consistent with the comprehensive plan.

20:21:47:24 Thank you.
20:21:51:27 >>THOMAS SCOTT: Any questions?
20:21:52:27 Okay.
20:21:53:12 Petitioner?
20:21:54:25 >>LINDA SAUL-SENA: Before the petitioner comes up, if I
20:21:56:25 may.
20:21:57:06 The air conditioning unit on this appears to be smack
20:22:00:03 up against the neighbor.
20:22:03:13 It wasn't called out, you all talked about that they
20:22:08:03 were asking for a bunch of waivers, but isn't that not
20:22:10:24 allowed?
20:22:25:12 >>LaCHONE DOCK: LaChone Dock, Land Development
20:22:26:18 Coordination.
20:22:27:15 The setbacks are three feet.
20:22:31:24 >>LINDA SAUL-SENA: Don't setbacks have to be more than
20:22:33:19 three feet?
20:22:37:06 >>LaCHONE DOCK: For the air conditioning unit?
20:22:39:12 >>LINDA SAUL-SENA: Oh, I see, they are requesting a
20:22:41:09 waiver to go from 15 feet to two feet on the western
20:22:45:18 boundary.
20:22:50:19 >>LaCHONE DOCK: This is on the east side.
20:22:59:06 >>LINDA SAUL-SENA: They are asking for a waiver of the
20:23:01:06 setbacks.
20:23:01:24 >>LaCHONE DOCK: Yes.
20:23:03:06 >>LINDA SAUL-SENA: Thank you.

20:23:04:22 >>THOMAS SCOTT: Petitioner?
20:23:11:22 >> Good evening, gentlemen.
20:23:13:04 Sammy Govindan.
20:23:15:27 I swear to tell the truth and the whole truth.
20:23:19:21 I have a letter from a neighbor here, would you like to
20:23:22:06 look at it?
20:23:37:03 >> I own the commercial plaza right in front of the
20:23:39:18 property.
20:23:40:00 I believe that the planned development would help --
20:23:43:25 >>THOMAS SCOTT: Speak up just a little bit.
20:23:46:19 >> I own the property right in front, which is a retail
20:23:50:00 space, 9,000-square-foot building.
20:23:52:04 I believe that change of land use will help the retail
20:23:55:21 space up front as a professional --
20:23:59:27 >>LINDA SAUL-SENA: Pardon?
20:24:02:15 >>THOMAS SCOTT: He was saying he owned the retail space
20:24:05:09 right adjacent to this property.
20:24:06:28 Someone is writing in support of this.
20:24:21:27 This is Gary Perkins writing in support of this
20:24:25:22 rezoning.
20:24:26:03 Anyone here in opposition?
20:24:27:25 Anyone here in opposition?
20:24:30:07 Okay.
20:24:34:15 >>CHARLIE MIRANDA: Is Mr. Perkins a neighbor to the
20:24:37:13 east?

20:24:38:12 >> That's correct.
20:24:41:00 >>CHARLIE MIRANDA: He's the neighbor, from what I
20:24:42:15 remember looking, he's a neighbor, if I may,
20:24:44:24 Mr. Chairman, he's a neighbor of the residential
20:24:47:18 property just east --
20:24:49:27 >> That's correct.
20:24:50:10 >>CHARLIE MIRANDA: You come Nebraska, you make a right,
20:24:52:06 so it would be the strip of land, your property trying
20:24:55:12 to rezone today and then one residential.
20:24:57:19 >> He owns all three properties.
20:24:59:06 >>CHARLIE MIRANDA: Okay.
20:25:01:16 >>LINDA SAUL-SENA: I received a letter from Pete
20:25:03:04 Johnson.
20:25:03:27 I don't know if anybody else received this also.
20:25:06:15 But I'd like, if somebody would like --
20:25:10:28 >>CHARLIE MIRANDA: Well, I received the same letter.
20:25:12:28 If I recall, the same thing that was in the letter, I
20:25:15:19 don't think I could comment on what he said, because
20:25:17:12 he's talking about another piece of property somewhere
20:25:19:18 else that's got something or something that I don't
20:25:21:21 want to say -- am I correct?
20:25:33:13 >>JULIA COLE: Yes, I'm familiar with the letter as
20:25:34:28 well, and it's really not appropriate to raise it
20:25:37:15 during the course of this.
20:25:38:15 >>CHARLIE MIRANDA: That's another issue that we can

20:25:40:13 deal with after this one way or the other.
20:25:41:25 I understand your comments.
20:25:42:06 >>THOMAS SCOTT: Any additional questions by Council?
20:25:45:21 >>LINDA SAUL-SENA: Why are you building so close to
20:25:47:18 your neighbors on the side?
20:25:51:07 That's my problem with this petition.
20:25:53:21 You're asking for a reduction of the buffer from
20:25:56:25 15 feet to two feet and six feet.
20:26:00:03 And a reduction of the landscape buffer from eight feet
20:26:03:22 to three feet and a waiver of all the greenspace, and I
20:26:10:16 just feel like you're asking for a lot of waivers.
20:26:17:24 >> Well, the parking space, I didn't want to bring it
20:26:20:06 to the neighbor.
20:26:21:01 I want to bring it next to my property, which is the
20:26:23:28 commercial plaza in front.
20:26:27:04 The three parking space.
20:26:58:24 >>CHARLIE MIRANDA: Staff, how many lots is this?
20:27:07:25 >>LaCHONE DOCK: LaChone Dock, Land Development
20:27:09:10 Coordination, it is considered one zoning lot, but
20:27:12:24 there are four lots within this one lot, within this
20:27:15:10 one parcel.
20:27:15:25 >>CHARLIE MIRANDA: What size are those lots?
20:27:17:25 >>LaCHONE DOCK: This lot is 100 feet wide.
20:27:20:06 It has a hundred feet of frontage.
20:27:22:03 >>CHARLIE MIRANDA: So the lot is 100 feet of frontage

20:27:25:13 by how much depth?
20:27:26:22 >>LaCHONE DOCK: 106 feet.
20:27:27:22 >>CHARLIE MIRANDA: 100 by 106 and how many parking
20:27:32:00 spaces are required for that?
20:27:33:28 I don't know what size building he's building exactly?
20:27:37:03 >> Eight.
20:27:38:24 >>CHARLIE MIRANDA: Eight?
20:27:39:22 >>LaCHONE DOCK: Yes, sir.
20:27:40:15 And ten are provided.
20:27:45:15 >>THOMAS SCOTT: He provided ten parking spaces.
20:27:48:22 >>LaCHONE DOCK: Yes.
20:27:56:18 >>THOMAS SCOTT: The waiver really is a reduction in the
20:27:58:15 landscape buffer from 15 to 5 feet, is that right?
20:28:02:00 >> On the east side.
20:28:03:15 >>THOMAS SCOTT: Right.
20:28:04:07 Any additional questions?
20:28:16:25 >>LaCHONE DOCK: Also, I would like to mention that
20:28:19:15 there are trees located on the west side of the parcel.
20:28:23:19 And then he has some trees that are south, and that
20:28:27:00 actually was taken into consideration with the
20:28:28:28 placement of the building.
20:28:30:09 On the lot, to provide a protective radius for the
20:28:35:00 trees.
20:28:37:25 >>THOMAS SCOTT: If there are no other questions, motion
20:28:39:18 to close.

20:28:40:00 >>CHARLIE MIRANDA: I would imagine so.
20:28:42:12 He's not tearing down, removing any trees, right?
20:28:45:03 >>LaCHONE DOCK: Correct.
20:28:46:21 He's saving them.
20:28:47:16 >>THOMAS SCOTT: Saving all the trees.
20:28:50:06 >>LINDA SAUL-SENA: I just wanted to hear from staff, it
20:28:53:24 seems to me that the main reason for your
20:28:56:00 recommendation of inconsistency is that the land use is
20:28:59:19 located to the east and to the north are residential,
20:29:05:18 and that this request represents an intrusion of
20:29:09:28 nonresidential uses into a neighborhood that's
20:29:12:25 residential.
20:29:13:06 And it's located on a local residential street.
20:29:16:12 This doesn't front on Nebraska.
20:29:18:09 This fronts on Chilkoot.
20:29:20:12 >>LaCHONE DOCK: On the local road, correct.
20:29:23:16 >>LINDA SAUL-SENA: Thank you.
20:29:26:25 >>LINDA SAUL-SENA: Move to close.
20:29:27:18 >>CHARLIE MIRANDA: Second.
20:29:28:21 >>THOMAS SCOTT: All in favor, let it be known by aye.
20:29:33:21 >>LINDA SAUL-SENA: I'll make a motion for denial based
20:29:35:24 on the staff recommendation of inconsistency based on
20:29:38:21 the fact that he's trying to put a nonresidential use
20:29:41:00 into the context of a local residential neighborhood
20:29:45:00 where he has residential to the east and to the north

20:29:47:21 and to the south of the property.
20:29:54:27 >>CHARLIE MIRANDA: Mr. Chairman, there's no second.
20:29:56:16 I'm not trying to -- dies for lack of a second.
20:30:04:15 One way or the other, I move that this be continued.
20:30:08:06 I don't know what the appropriate date would be.
20:30:09:21 I'm asking for your guidance here.
20:30:11:19 It could be next week.
20:30:12:24 We don't have opposition to this right now.
20:30:15:01 I think our staff could be here.
20:30:16:19 It could be heard, I think next week is a Council week,
20:30:20:27 and I would like to move then, if I may, Mr. Chairman,
20:30:25:25 to have this item, item number 12, I believe it is,
20:30:32:07 number 12, ZO8-25 moved to Council next week's hearing
20:30:41:19 at the pleasure of the chair at the time.
20:30:43:25 You tell us, and we'll do that, sir.
20:30:56:12 >> Next week's morning meeting.
20:30:58:15 You have 13 staff reports, four comp plan adoption
20:31:07:10 hearings, ten ordinances for second reading, one
20:31:10:19 landmark designation, one WMBD ordinance hearing, three
20:31:17:07 closure hearings, one zoning appeal hearing, and one
20:31:20:24 continued appeal hearing for A.R.C.
20:31:24:03 >>CHARLIE MIRANDA: 1:30.
20:31:26:15 >> Chairman Scott, on May 8th, we only have three
20:31:30:15 rezoning going that night, one that we move this
20:31:33:15 evening --

20:31:38:12 >>CHARLIE MIRANDA: We're going to come back in the
20:31:41:03 afternoon.
20:31:41:25 1:30.
20:31:42:27 Got that, next Thursday, 1:30.
20:31:47:03 Move to continue to that date.
20:31:52:19 >>THOMAS SCOTT: Move and second that we continue this
20:31:54:27 item to May 1st at 1:30.
20:31:57:06 All in favor, let it be known by aye.
20:31:59:12 Opposed?
20:32:00:01 So moved and ordered.
20:32:01:09 Anything else?
20:32:02:12 Motion to receive and file.
20:32:06:09 >>CHARLIE MIRANDA: Move to receive and file all the
20:32:08:12 documents that came in tonight's evening meeting.
20:32:10:28 >>LINDA SAUL-SENA: Second.
20:32:12:21 >>THOMAS SCOTT: All let it be known by aye.
20:32:16:00 Anything else?
20:32:20:03 >>LINDA SAUL-SENA: I'll wait till next week.
20:32:21:18 >>CHARLIE MIRANDA: Move the chair request to adjourn.
20:32:24:19 >>THOMAS SCOTT: If nothing else, we stand adjourned at
20:32:27:18 8:31.
20:32:29:12 Good night.
20:32:32:21