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Tampa City Council
Thursday, June 12, 2008
6:00 p.m. session

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[Sounding gavel]
18:02:02 >>THOMAS SCOTT: Tampa City Council will now come to
18:02:03 order.
18:02:03 We will have roll call.
18:02:05 >>CHARLIE MIRANDA: Here.
18:02:06 >>GWEN MILLER: Here.
18:02:08 >>LINDA SAUL-SENA: Here.
18:02:09 >>JOSEPH P. CAETANO: Here.
18:02:10 >>MARY MULHERN: Here.
18:02:11 >>THOMAS SCOTT: Here.
18:02:12 Okay.

18:02:15 We will begin tonight with the swearing in.
18:02:19 If you are going to be addressing City Council
18:02:21 tonight, if you are going to talk with City Council,
18:02:23 you need to be sworn in.
18:02:25 So if you are, will you please stand and the clerk
18:02:28 will swear you in.
18:02:35 (Oath administered by Clerk)
18:02:36 >>THOMAS SCOTT: Item number 1, this is a continued
18:02:43 public hearing.
18:02:52 >>> Joseph Diaz, offices 2522 West Kennedy Boulevard
18:02:56 and I have been sworn.
18:02:58 Mr. Chairman, I wasn't here last week when this matter
18:03:00 was heard.
18:03:01 In the interim period, I occasionally meet with Mr.
18:03:04 Graham.
18:03:05 And in my meeting with Mr. Graham, I'm requesting a
18:03:07 continuance, and I'll tell you why.
18:03:09 When I looked at his cut-off, this piece is property,
18:03:17 which is way beyond what a guy normally does to wet
18:03:20 zone a structure so I told him I thought he had a
18:03:23 problem because I really don't think council intends
18:03:26 to wet zone a parking lot and green space.

18:03:29 If I can show you what it looks like.
18:03:40 This entire area is what the cut-out legal description
18:03:43 if you will grant me a continuance I am going to
18:03:46 file an amendment and go back to the surveyor and come
18:03:48 out with these two legal descriptions, just the
18:03:56 structure.
18:03:57 I think the petition before you was also for a 4-cop.
18:04:01 We are not going to be asking for a 4(COP).
18:04:03 I can tell you that right now.
18:04:05 We will more than likely be asking for a 4(COP-X) or
18:04:09 R.
18:04:09 I'm not sure about the restaurant.
18:04:12 Then maybe I can come in with a 2-cop on the salon.
18:04:15 In any event I need to downgrade, down size this
18:04:18 because I don't think you guys want to wet zone empty
18:04:22 space and I need to change the space.
18:04:25 I can have the survey ready by next week.
18:04:27 And I want to understand your workshop.
18:04:30 The following week I am out of the country.
18:04:32 Next two weeks you all are on vacation.
18:04:34 So what I am hoping to do is grant a continuance until
18:04:38 July 17th.

18:04:39 I understand there may be some neighbors here.
18:04:41 I did the best I could to notify most of those people.
18:04:45 I did not notify all of them.
18:04:47 I sent them an e-mail.
18:04:49 I think one on the 10th and one yesterday again.
18:04:53 The one yesterday was a copy of the letter that I sent
18:04:56 to all council members telling you I am going to be
18:04:59 requesting.
18:04:59 I'm not saying that everyone here got it but I think
18:05:02 two of the people here got it.
18:05:03 In any event, we request you allow us to continue this
18:05:06 so we can file an amendment.
18:05:07 >>THOMAS SCOTT: Okay.
18:05:09 All right.
18:05:10 This is a continued public hearing.
18:05:12 Anyone here want to speak on the continuance?
18:05:15 You want to speak to the continuance?
18:05:29 >> Eric Hulsinger, north Suwannee.
18:05:33 What they are proposing to me is still a non-starter.
18:05:39 They can't accommodate the parking they have for
18:05:41 single people now, and to come back --
18:05:44 >> The issue at this point though is whether you

18:05:46 support the continuance, or he's requesting a
18:05:49 continuance at this point.
18:05:50 >> I would like a ruling today.
18:05:56 >>THOMAS SCOTT: Okay.
18:05:57 Thank you.
18:05:57 Anyone else?
18:06:01 Let me hear from legal counsel on the issue.
18:06:05 >>MARTIN SHELBY: If council wishes to continue it,
18:06:10 council does have that prerogative.
18:06:13 Otherwise, the petitioner is entitled to an up or down
18:06:17 vote.
18:06:17 He's requesting a continuance.
18:06:19 It's the pleasure of council.
18:06:20 >>GWEN MILLER: I move that we continue to July
18:06:23 17th.
18:06:25 >>JOSEPH P. CAETANO: Second.
18:06:26 >>THOMAS SCOTT: Okay, moved and seconded to July
18:06:28 17th.
18:06:31 6 p.m.
18:06:31 Okay.
18:06:35 >>LINDA SAUL-SENA: I would suggest that the new
18:06:36 attorney get a copy of the tapes and watch the issues,

18:06:39 listen to the issues raised by council, and the
18:06:41 neighbors at the first public hearing, because it was
18:06:47 a long and lively conversation, and I think that you
18:06:49 really need to take everybody's concerns to heart.
18:06:53 >>THOMAS SCOTT: There's a motion on the floor.
18:06:58 So moved and ordered.
18:06:59 Thank you.
18:07:02 >>CHARLIE MIRANDA: Move to open item number 2.
18:07:04 >>LINDA SAUL-SENA: Second.
18:07:06 (Motion carried).
18:07:11 >>ABBYE FEELEY: Land Development Coordination.
18:07:13 I would like to go over a couple items on the agenda
18:07:15 quickly before we get started on item number 2.
18:07:19 I provided you with an agenda.
18:07:22 Item number 3 cannot be heard this evening.
18:07:24 I would ask that it be removed from the agenda to be
18:07:26 scheduled at a later date.
18:07:34 >>GWEN MILLER: Make a motion to remove from the
18:07:36 agenda.
18:07:36 >> Second.
18:07:37 (Motion carried).
18:07:38 >>ABBYE FEELEY: Item number 6, V 07-62, staff

18:07:43 recommends that City Council remove this item from the
18:07:45 agenda as well to be scheduled at a later date.
18:07:47 >>GWEN MILLER: Move to remove from the agenda.
18:07:54 >> Second.
18:07:54 (Motion carried).
18:07:56 >>ABBYE FEELEY: The last item is item number 9, an
18:07:59 e-mail received from the petitioner requesting a
18:08:02 continuance to July 17th, 2008.
18:08:04 >> So moved.
18:08:05 >> Second.
18:08:06 >>THOMAS SCOTT: This is a public hearing so I guess we
18:08:09 need to find, anyone from the public wish to address
18:08:11 council on this, on item number 9?
18:08:16 We have to open the hearing.
18:08:17 >> I move to open item number 9.
18:08:19 >> Second.
18:08:19 (Motion carried).
18:08:22 >> Anyone here want to address council on item number
18:08:24 9?
18:08:24 >> Move to close.
18:08:27 >> July 7.
18:08:30 Whatever the date was.

18:08:33 >> 17th, 6 p.m.
18:08:34 >> All in favor let it be known by Aye.
18:08:37 Opposes?
18:08:37 So moved.
18:08:38 >> Thank you.
18:08:40 Item number 2 already open.
18:08:47 >> Item number 2 on your agenda, V 08-17 is a request
18:08:52 for special use for a bank with a drive-in window.
18:08:57 The location is 5144 east Busch Boulevard.
18:09:07 Zoning on the property is CG commercial general, two
18:09:10 waivers associated with this request, one to reduce
18:09:12 the required drive aisle from 26 feet to 24 feet, and
18:09:15 the second waiver is to allow nonresidential traffic
18:09:17 to a local street.
18:09:19 The petitioner is requesting a special use approval
18:09:21 for the property located at 5144 Busch Boulevard to
18:09:25 allow for the use of the drive-in window associated
18:09:27 with a bank.
18:09:28 The 1.21-acre site is located in a commercial zoning
18:09:33 district, religious assembly to the west, North 52nd
18:09:36 Street to the east, Busch Boulevard to the south, and
18:09:38 a single-family residential to the north.

18:09:40 The site has an existing 2,356 square foot bank
18:09:45 facility which has been vacated for a period of
18:09:47 greater than 180 days.
18:09:49 Therefore, they lost their special use status for the
18:09:52 use of the drive-in window. Structure and everything
18:09:54 is there.
18:09:55 They are just looking to reestablish the use.
18:09:58 The building setbacks are as follows, 137 feet to the
18:10:02 north, 49 feet to the south, 67 feet to the west, and
18:10:05 25 feet to the east.
18:10:07 A total of ten parking spaces are required and 16
18:10:10 parking spaces are being provided.
18:10:13 FDOT has restricted access on Busch Boulevard to a
18:10:16 right-out only driveway. That is why there is a
18:10:19 waiver for access to a local street on 52nd.
18:10:31 Let me put this up.
18:10:33 Out of order here.
18:10:34 This is the property here in green.
18:10:36 This is the church I was referring to.
18:10:38 You can see it a little better on the elevation.
18:10:41 There's an OP zoning to the east of this site.
18:10:43 This is financial.

18:10:47 Another drive-in bank.
18:10:48 There are several retail sent areas long here.
18:10:51 The city to the east of the property here.
18:11:00 Zoning on the aerial.
18:11:05 There's the existing drive-in bank.
18:11:08 Again Grow financial.
18:11:09 Place of religious assembly, church here.
18:11:12 And a fixed use of commercial here.
18:11:14 There is single-family residential to the north of the
18:11:17 property on 52nd.
18:11:22 I'll show you some brief pictures of the site.
18:11:31 This is the site.
18:11:32 It has been vacant for some time.
18:11:35 This is the back parking area.
18:11:37 Access to the drive-in.
18:11:41 A view to the east of Grow financial.
18:11:46 Their corresponding drive-in to the rear of their
18:11:48 property.
18:11:50 Single-family property to the north of the subject
18:11:54 site.
18:11:55 Around 52nd.
18:11:57 Another single-family home along 52nd.

18:12:02 Church property to the west.
18:12:04 Some of the retail to the south.
18:12:09 Along the site.
18:12:12 Staff found the request inconsistent based on a number
18:12:17 of technical changes that need to be made in between
18:12:20 first and second reading.
18:12:21 I would like to briefly go over those changes.
18:12:26 Landscape had some changes.
18:12:28 They made a note added to the plan that Australian
18:12:32 pine trees would be removed from the site.
18:12:34 Also they need revised cam calculations for the
18:12:37 vehicle use area on the site.
18:12:39 It appears that the site does meet requirements.
18:12:41 However, those calculations were not provided on the
18:12:44 plan.
18:12:45 Transportation found the site plan inconsistent based
18:12:48 on the request for waiver of nonresidential traffic --
18:12:54 I'm sorry, commercial traffic to a local street.
18:12:57 They also asked that the two waivers that are being
18:12:59 requested be restated from the way they are currently
18:13:01 on the site plan to the way that they have been listed
18:13:04 in the staff report.

18:13:06 Solid waste also needed them to provide illustration
18:13:11 for the dumpster area to be consistent with code.
18:13:15 And lastly, water needed the site plan to show the 15
18:13:20 by 20 required for the sprinkling.
18:13:23 Staff is available for any questions.
18:13:27 >>LINDA SAUL-SENA: Thank you.
18:13:29 What signage did they indicate?
18:13:31 >>> They will need to comply with current signage
18:13:34 code.
18:13:34 >> Is Busch one of the streets that will be a monument
18:13:38 sign?
18:13:39 >>> It could be a ground sign, yes.
18:13:41 It could also be a wall sign.
18:13:44 >> Thank you.
18:13:44 >>THOMAS SCOTT: Any other questions?
18:13:46 Okay.
18:13:47 Planning Commission?
18:13:50 Tony Garcia?
18:13:52 >>TONY GARCIA: Planning Commission staff.
18:13:55 I have been sworn in.
18:14:00 I would like to give you several comments regarding
18:14:02 the comprehensive plan and how it relates to the

18:14:05 particular project in question here.
18:14:06 The site from more of a broader standpoint is located
18:14:09 on the eastern edge of City of Tampa.
18:14:14 One can see city limits of Temple Terrace over here.
18:14:18 Residential 20 is your land use category to the north.
18:14:21 The subject site as well as most of the properties
18:14:23 along Busch Boulevard, future land use category of CMU
18:14:28 35, mixed use 35.
18:14:31 As evidenced on the aerial, by a variety of
18:14:35 nonresidential uses, where you have a church directly
18:14:38 to the west, and there are some similar types of uses
18:14:41 to the one that's being requested over here, as Ms.
18:14:45 Feeley stated to you, it was a financial institution,
18:14:48 a bank that lost its nonconforming status, a
18:14:52 nonoperational status of more than six months.
18:14:54 There are a variety of commercial uses on Busch
18:14:56 Boulevard which is a major arterial road that extends
18:14:59 primarily to Hillsborough County.
18:15:01 The proposed request is consistent with the intent of
18:15:05 the CMU 35 category and complementary to the existing
18:15:09 use that currently exists on Busch Boulevard.
18:15:12 Planning Commission staff finds the proposed request

18:15:14 consistent with the comprehensive plan.
18:15:23 >>THOMAS SCOTT: Petitioner?
18:15:29 >>> Terry lively, I have been sworn in, and I
18:15:33 represent Colonial Bank as their engineer.
18:15:37 We heard the staff's comments and concur with those
18:15:42 comments, the site plans as requested.
18:15:47 The bank would like to go ahead and proceed with this
18:15:51 site as a bank, and nothing will change other than the
18:15:55 request that we asked for --
18:15:58 Approved all the recommendations recommended changed
18:16:01 and you will make those adjustments between now and
18:16:04 second reading?
18:16:04 >>> That's correct.
18:16:05 >>THOMAS SCOTT: Anyone who wishes to address council
18:16:07 on this petition?
18:16:07 Anyone here wishes to address council?
18:16:09 Anyone in opposition to the petition?
18:16:11 Anyone wishing to be heard?
18:16:13 >> Move to close.
18:16:14 >> Second.
18:16:14 (Motion carried).
18:16:15 >>THOMAS SCOTT: Pleasure of council?

18:16:18 >> Special use permit approving a bank with a drive-in
18:16:31 window in a CG commercial general zoning district in
18:16:33 the general vicinity of 5144 east Busch Boulevard in
18:16:37 the city of Tampa, Florida and more particularly
18:16:40 described in section 1 hereof providing waivers as set
18:16:43 forth herein, providing an effective date.
18:16:51 >>JOHN DINGFELDER: Mr. Shelby is going to say what I
18:16:52 was going to say.
18:16:53 >>MARTIN SHELBY: Does that motion include the changes
18:16:55 between first and second reading?
18:16:58 >>JOSEPH P. CAETANO: All the changes at the second
18:17:00 reading.
18:17:01 >>MARTIN SHELBY: Just want it the way it is.
18:17:03 If you can read that.
18:17:04 Do you have the agenda in front of you in blew?
18:17:08 For item number 2?
18:17:09 >>JOSEPH P. CAETANO: A note for the removal of the
18:17:16 Australian pine trees, calculations for green space,
18:17:20 revisit site plan waivers to reflect waivers as listed
18:17:23 on first page of staff report, revise solid waste
18:17:28 illustration to meet standards, as illustrated in
18:17:31 staff report.

18:17:33 Show 15 by 20 grass area for fire main.
18:17:40 >>THOMAS SCOTT: Any other questions?
18:17:42 Motion by councilman Caetano, seconded by councilman
18:17:47 Miranda.
18:17:47 (Motion carried).
18:17:48 >>THE CLERK: Motion carried unanimously.
18:17:57 >>CHARLIE MIRANDA: Move to open number 4.
18:18:00 Second hearing?
18:18:07 >> The first date in July will be the 17th at 9:30
18:18:10 a.m.
18:18:10 >>THE CLERK: Second reading and adoption will be on
18:18:15 June 26th at 10:30 a.m.
18:18:18 9:30 a.m., correction.
18:18:21 >>THOMAS SCOTT: All in favor to open the public
18:18:24 hearing?
18:18:25 (Motion carried)
18:18:27 Okay.
18:18:33 >>> Item 4 on your agenda this evening is rezoning
18:18:47 case Z-08-33, located at 3516 west Bay to Bay and 3511
18:18:54 West Santiago Street.
18:18:55 Petitioner is requesting to rezone from RM-16
18:18:58 residential multifamily to PD planned development for

18:19:01 business professional office.
18:19:04 There are a list of waivers associated with this
18:19:06 project.
18:19:07 The first is to reduce the required backup from 6 feet
18:19:10 to zero feet.
18:19:11 Second is to reduce required parking spaces from 99 to
18:19:16 96.
18:19:17 The third is to reduce the required 10-foot landscape
18:19:20 buffer to 5.5 feet, portion of the north property
18:19:24 line.
18:19:25 The fourth is to remove the hazardous tree, Laurel oak
18:19:31 and allow for canopy pruning of the 42-inch live oak.
18:19:35 Fifth is to pay fee in lieu for 216 linear feet of
18:19:39 required sidewalk at a rate of $43 prior to issuance
18:19:42 of first building permit.
18:19:45 And the last is to request a green space waiver of 19
18:19:50 square feet to be paid to the City of Tampa parks and
18:19:52 recreation at the current rate at the time of
18:19:55 permitting.
18:19:58 Petitioner is proposing to rezone the property to
18:20:00 construct a 30 that you square foot professional
18:20:03 office.

18:20:04 Setbacks for the office range from 1.57 feet to 10.6
18:20:08 feet along Bay to Bay, 98 feet on west Santiago, 10
18:20:14 feet along south Himes, 65.8 feet on the eastern
18:20:17 property line.
18:20:19 The property has a split future land use with CMU 35
18:20:22 located on the northern portion of the site and R-20
18:20:26 located on the rear.
18:20:27 That's why this property is oriented, the proposal is
18:20:30 oriented the way it is, because none of the business
18:20:33 professional office structure can be located in the
18:20:35 R-20 land use category which I'm sure Mr. Garcia will
18:20:38 speak further to when he discusses the land uses.
18:20:43 The proposed structure will be three stories with a
18:20:45 maximum height of 45 feet.
18:20:46 It will contain enclosed parking on the first floor
18:20:49 with a lobby area for elevator access.
18:20:52 Office space will be located on the second and third
18:20:54 floors.
18:20:54 Proposed elevations are attached to the site plan.
18:20:57 Surface parking will be located east of the building,
18:21:01 south of the building, immediately adjacent in the
18:21:04 R-20 portion of the site.

18:21:20 I'll show you the site here.
18:21:21 We actually were in this vicinity last rezoning
18:21:25 hearing over here at a real estate office.
18:21:29 This was a PD.
18:21:30 This is Dale Mabry to the west here.
18:21:32 Himes to the west of the subject site.
18:21:34 Bay to Bay to the north.
18:21:36 Santiago to the south.
18:21:38 This was previously place of religious assembly
18:21:41 located on the site.
18:21:42 There is a single-family home that's also been
18:21:44 acquired as part of this petition.
18:21:51 There's an aerial of the site.
18:21:57 There is a church to the north on Bay to Bay, I am
18:22:01 going to show you some pictures of.
18:22:03 There's an office.
18:22:06 Moving to the east it's predominantly single-family
18:22:10 residential to the west.
18:22:10 >>JOHN DINGFELDER: The single-family home is where?
18:22:17 >>> Right here.
18:22:17 >> That's where I thought.
18:22:19 On Santiago.

18:22:20 >>> Uh-huh.
18:22:22 This is looking south at the corner of Bay to Bay and
18:22:33 Himes.
18:22:33 What I am going to do is go ahead and move east along
18:22:36 Bay to Bay and show you this parking area, the current
18:22:43 site.
18:22:45 A little bit more parking.
18:22:47 There's an office building.
18:22:54 Looking north at that same intersection.
18:23:00 There is the church.
18:23:02 Vacant lot.
18:23:07 What I did was I walked down the eastern property
18:23:09 line.
18:23:10 Here's a view looking towards Himes from the eastern
18:23:12 property line of the existing property.
18:23:16 Here is that single-family home that's currently on
18:23:18 the site.
18:23:20 Here's the rear of the existing church building.
18:23:25 At Santiago, this is immediately south of the property
18:23:27 site, single-family homes.
18:23:30 Now moving west along Santiago towards Himes.
18:23:35 Another additional single-family home.

18:23:39 It's a very large site as you can tell.
18:23:41 This is the existing building moving north on Himes,
18:23:44 working towards Bay to Bay.
18:23:46 You can see, the property line here, the two large
18:23:51 trees that you will see on your site plan.
18:23:54 42-inch oak.
18:23:59 Santiago and Himes, single-family residential.
18:24:06 This is at the southwest corner of Bay to Bay and
18:24:10 Himes.
18:24:11 There is a house for rent there.
18:24:14 This is the northwest corner of Bay to Bay and Himes.
18:24:20 This is an office building that is just to the east on
18:24:25 Bay to Bay but I wanted to show you here.
18:24:28 It really is in that area single-family and two story
18:24:32 houses and offices.
18:24:33 What the petitioner is proposing tonight is three
18:24:35 stories with parking on the first floor and two levels
18:24:38 of office at a height of 45 feet, to the front
18:24:44 property lines, a 1.57 feet for the lobby for your
18:24:47 area, and backs up to about ten feet, 5.5, and then
18:24:51 back to 10.
18:24:54 I can quickly go over the staff findings.

18:24:56 Land Development Coordination did find it
18:24:59 inconsistent.
18:24:59 Petitioner needs to address the outstanding notes and
18:25:03 waivers.
18:25:03 Staff has concerns related to the map and scale of
18:25:06 this project in relation to the surrounding area, and
18:25:09 given the site's location at Himes, and Bay to Bay.
18:25:13 Due to the split underlying lining land use the site
18:25:16 does have limitations and general commercial
18:25:19 development is limited to the northern portion of the
18:25:21 site.
18:25:23 Then I would ask you to go to item 6 under the PD
18:25:28 criteria where it talked about how Bay to Bay has
18:25:30 served as a commercial corridor, and there is a mix of
18:25:33 uses along there.
18:25:34 This segment to the west is predominantly
18:25:37 single-family.
18:25:38 And the mass and scale of this building right up to
18:25:41 the street may not be compatible with the surrounding
18:25:44 area.
18:25:47 The existing RM-16 zoning would allow for 35 feet in
18:25:51 height.

18:25:51 Petitioner is proposing a 3 story 35-foot structure
18:25:53 with approximately 173 linear feet building across Bay
18:25:58 to Bay.
18:26:02 To go back, landscape also, tree and landscape found
18:26:08 it inconsistent, the tree table needs to be revised to
18:26:11 show replacement for the grand tree removal prior to
18:26:14 second reading, assuming that's an entry placement.
18:26:18 Solid waste also needs a note revised to say 16 feet
18:26:22 instead of 16 inches of clearance.
18:26:24 Stormwater needs a note added to the plan for
18:26:27 retention.
18:26:28 And the water department once again needs a 15 by 20
18:26:34 grass area for the water main retention.
18:26:37 That's it.
18:26:38 >>THOMAS SCOTT: Councilwoman Saul-Sena.
18:26:40 >>LINDA SAUL-SENA: I just wanted to ensure that the
18:26:44 oak trees on the western part of the property are
18:26:45 going to be saved.
18:26:46 >>> Uh-huh.
18:26:48 >>LINDA SAUL-SENA: Okay.
18:26:49 >>> They are, if you look on your site plan.
18:27:05 >>> There's about a 55 inch hazardous tree.

18:27:10 This is the 42-inch oak.
18:27:11 You can see it been cut out at that corner to ensure
18:27:16 the 20-foot protective radius.
18:27:18 They are asking for a waiver to allow for
18:27:20 additional -- and Dave is also here tonight, and the
18:27:27 24-inch oak is there as well.
18:27:31 >> Abbye, are there other three-story buildings on Bay
18:27:37 to Bay in, that area?
18:27:42 >> No.
18:27:42 >> My other question, you said there's a mix of
18:27:46 single-family residential and commercial.
18:27:49 Are there any commercial establishments on Santiago?
18:27:55 I mean, when we look at the map --
18:27:59 >>> Not that I am aware of.
18:28:01 There are several accessory parking back there, the
18:28:07 uses that are allowed on Bay to Bay.
18:28:09 But it would be my assumption -- I'm sure Tony can
18:28:13 speak to that further -- that's where land use occurs
18:28:16 all the way down Bay to Bay for the CMU 35 on Bay to
18:28:21 Bay with the R-20 that sits in the back, which would
18:28:23 allow for parking, retention, landscaping, buffering
18:28:25 to occur there but would not allow for any of the

18:28:28 actual use to occur there.
18:28:30 And the professional office use, or heavier intensity.
18:28:36 >>MARY MULHERN: R-20 allows, what, parking?
18:28:39 What were the things that R-20 would allow?
18:28:42 >>> R-20 does not allow CG uses.
18:28:46 >> Right.
18:28:46 >>> It does allow for professional office.
18:28:52 It has locational criteria which requires that 50% of
18:28:55 the block face --
18:29:11 >>LINDA SAUL-SENA: I just wanted to hear from Mr.
18:29:14 Riley, if we could.
18:29:16 Specifically, if you could address the two oak trees.
18:29:18 Are you comfortable with what's being proposed?
18:29:21 >>> David Riley, parks and recreation.
18:29:23 I have been sworn.
18:29:25 Initially, it's hard to assess with what's building
18:29:31 there.
18:29:32 We did request they have a certified arborist.
18:29:39 They went up, marked limbs at the point where they
18:29:43 would be making their cuts.
18:29:45 We reviewed that with them.
18:29:46 In fact, with the movement of the buildings, the roots

18:29:50 and everything, they were well within standard, and we
18:29:53 were okay with that.
18:29:54 And the other tree the Laurel oak is a hazardous tree.
18:29:57 >>LINDA SAUL-SENA: Thank you.
18:30:00 >>THOMAS SCOTT: Planning Commission.
18:30:01 Mr. Tony Garcia.
18:30:02 >>TONY GARCIA: I have been sworn.
18:30:07 I think Ms. Feeley has done a good job of giving you
18:30:16 perspective of the general context of the area.
18:30:18 I want it had to zoom out a little bit more just for a
18:30:22 second.
18:30:22 I'll zoom back into the site specific.
18:30:25 This is the South Tampa area. This is within the
18:30:27 boundaries of the Virginia park neighborhood
18:30:29 association.
18:30:30 The site is located on the southwest corner of Bay to
18:30:32 Bay Boulevard and Himes.
18:30:35 Bay to Bay is a collector road as is Himes.
18:30:37 Himes a little further north.
18:30:39 Actually talks about it as an arterial road.
18:30:43 A neighborhood collector.
18:30:44 As you can see as far as the land use categories are

18:30:48 depicted on the map, to the left of Himes, to the west
18:30:52 of Himes, the land use categories are pretty much
18:30:55 residential 6, as evidenced by the yellow color.
18:31:00 And this tan color is residential 10.
18:31:02 As one goes to the east from Himes, you do have CMU 35
18:31:08 from here all the way down, all the way to the
18:31:12 Bayshore.
18:31:13 You are going to have different all the way to the
18:31:15 Bayshore.
18:31:16 You have residential 20 to the rear.
18:31:18 CMU 35 which allows CG uses, as Ms. Feeley has stated.
18:31:24 The demarcation between CMU 35 and 20, on the south
18:31:31 side, as well as the north side as you can see pretty
18:31:34 much bisects a block, so you have those types of CG
18:31:38 uses or more intense types of uses and then transition
18:31:45 as one goes back to the more stable neighborhoods.
18:31:49 Ms. Mulhern, you had a question about three story
18:31:53 buildings on Bay to Bay.
18:31:54 No, there are no three story buildings on Bay to Bay
18:31:56 to my knowledge.
18:31:57 Most of them are two story.
18:31:59 But as far as height most of them do exceed 30 feet.

18:32:01 Church on the corner of Dale Mabry and Bay to Bay
18:32:04 which is to the left is considerably higher than 30
18:32:07 feet.
18:32:10 >>MARY MULHERN: Other than churches, the church
18:32:12 steeple?
18:32:13 >>> But just to clarify it is a structure, and it is
18:32:17 on Dale Mabry, the intersection of Dale Mabry and Bay
18:32:20 to Bay.
18:32:20 But that being said, I wanted to go back to the
18:32:22 aerial, to depict as far as the general character of
18:32:25 the area.
18:32:26 It is pretty much, once you don't get on the
18:32:29 corridors, pretty much single-family detached for the
18:32:32 most part.
18:32:33 When you get on the corridors -- and we have seen a
18:32:36 significant transition as far as intensities and uses
18:32:40 on from Himes all the way over to MacDill.
18:32:43 We have seen a significant increase in retail uses,
18:32:46 and larger structures as evidenced by these structures
18:32:49 over here which are relatively new.
18:32:51 And this piece over here, if you recall my future land
18:32:53 use map, those pieces there in the residential 20 and

18:32:58 those pieces are part of the development.
18:33:00 But they are used for retention and for parking, as
18:33:03 you can see.
18:33:04 They do extend all the way back to Empedrado as
18:33:09 evidenced over here.
18:33:10 So you do have uses.
18:33:11 This is a church that directly interface was the
18:33:14 church over here. This is to the north. This extends
18:33:16 back to yesterday RAD oh also.
18:33:18 So you do have uses east of Himes Avenue that do
18:33:21 extend as far as the use itself all the way to
18:33:25 Empedrado, and there are instances where you would see
18:33:28 that evidenced.
18:33:29 I don't have a map of the greater scale to show how
18:33:32 that also exists on the south side of Bay to Bay, but
18:33:36 there are examples where you will have a commercial
18:33:39 structure urbanized.
18:33:40 In other words it's going to be brought right up and
18:33:43 clearly depicted by these two newer structures, all
18:33:46 the way up to the street, which is exactly the way you
18:33:48 are supposed to characterize and use something, CMU 35
18:33:52 category.

18:33:55 We depicted this when we showed you the Malio's site,
18:34:02 bringing the building all the way up to the front, and
18:34:04 transitioning intensity all the way to the back.
18:34:07 If something is going to occur over here where you are
18:34:09 going to have, yes, a building of greater scale and
18:34:12 mass but it's going to be all the way up to the front
18:34:14 similar to this building that already exists here.
18:34:16 This will go away, replaced by the other building and
18:34:20 basically encompass almost this entire front.
18:34:22 But these structures back here will cease to exist,
18:34:25 and you will have parking to the rear now, which will
18:34:28 be a significant drop in intense tip as far as the
18:34:31 types of smoother transition from this particular use
18:34:35 over here.
18:34:36 A transitional effect and offer a nice buffering and
18:34:40 screening effect to the residential uses here on the
18:34:45 south side of Santiago.
18:34:47 And we do have two residential uses that directly abut
18:34:50 the site to the west, right over here at the southwest
18:34:53 intersection of Bay to Bay and Himes.
18:34:59 The request satisfies policies that talk about
18:35:02 mitigating the impacts.

18:35:05 This is within the number of uses that are consistent
18:35:08 in permitted uses under CMU 35 category, as Ms. Feeley
18:35:13 stated.
18:35:13 The applicant is going to go ahead and make sure that
18:35:16 building is going to exist only on the CMU 35 piece,
18:35:20 therefore actually creating more a buffer from
18:35:23 actually what exists on-site right now, as an
18:35:28 accessory use of the primary use which will be
18:35:31 abutting directly along Bay to Bay Boulevard as the
18:35:34 design should do.
18:35:37 Planning Commission staff found the proposed request
18:35:39 consistent with the comprehensive plan.
18:35:48 >>JOSEPH P. CAETANO: Thank you.
18:35:50 Abbye, why are you not requiring a sidewalk?
18:35:54 >>ABBYE FEELEY: We are requiring a sidewalk.
18:35:56 You will see on the waiver that they are asking -- and
18:35:59 I assume that Mr. Grandoff will speak to that -- the
18:36:02 infeasibility of providing a sidewalk along that side
18:36:08 but it should be provided by code along with the
18:36:10 western side of the property.
18:36:11 They are asking to waive that at a fee of $45 per
18:36:15 linear foot to not build the sidewalk and I believe

18:36:18 that he will speak to that.
18:36:25 That's on the Himes side.
18:36:28 >>JOHN DINGFELDER: Himes side.
18:36:30 >>> Because there is an existing sidewalk along Bay to
18:36:33 Bay, down the east side of the property and back and
18:36:35 it would be on the Himes side.
18:36:38 >> Petitioner?
18:36:43 >>> I have 15 minutes and I have to use them all.
18:37:04 >>JOHN GRANDOFF: Address is suite 3700 Bank of America
18:37:07 Plaza.
18:37:09 This afternoon, I have the pleasure of representing a
18:37:11 partnership known as the number 21 great one which is
18:37:18 Mr. Kevin Marshall.
18:37:19 Kim and Kevin are with me this evening.
18:37:22 I am also joined by the project developer Mr. Jim Burt
18:37:25 of Capstone Group and James Catalano, Virgil Versaggi,
18:37:31 of Catalano Engineering, also Randy Cohen is our
18:37:34 traffic engineer, Mr. Ralph Shuler is our architect.
18:37:38 I would like to speak about the site plan briefly and
18:37:39 point out a few highlights for you, beginning somewhat
18:37:43 with Mr. Caetano's question on the sidewalk.
18:37:45 The sidewalk waiver being requested on south Himes,

18:37:51 but we are placing the sidewalks on Bay to Bay and
18:37:54 also a sidewalk on Santiago. What's interesting about
18:37:57 the Santiago sidewalk is that is part of an 18-foot
18:38:00 buffer that we are placing on the property to buffer
18:38:04 the effect of the project from the residential homes
18:38:08 on Santiago. We have met with a gentleman named Kevin
18:38:11 Hinson who is neighborhood leader on Santiago and when
18:38:16 he requested when we had a bank project planned for
18:38:19 this process.
18:38:20 So the 18-foot lateral buffer is for the Santiago
18:38:25 residents and we have also included a sidewalk.
18:38:28 A couple things I want to point out, the 55-inch oak
18:38:31 tree is here on Santiago.
18:38:33 It is going to be removed because of the size of it.
18:38:36 Two large trees along Himes are going to be preserved
18:38:41 as well as a large oak tree also here to the evenly of
18:38:44 the property, 41-inch oak.
18:38:48 The significant part of the tree preservation is being
18:38:52 driven by the parking counts.
18:38:54 We have 99 spaces required.
18:38:57 We are going to provide 96 parking spaces.
18:38:59 We are edging the building here to allow for this

18:39:02 tree.
18:39:02 And it's an interesting architectural feature because
18:39:05 we will be able to add windows in the office building,
18:39:08 you will be able to overlook the trees of an office,
18:39:11 and then the park that Tony was talking about is land
18:39:20 use category.
18:39:21 CMU 35, the south part of the property is R-20.
18:39:24 Today, our client has a right to build multifamily
18:39:30 either town homes, apartments or condominiums on the
18:39:32 property.
18:39:34 Following the lead of what's going on on Bay to Bay,
18:39:37 since Bay to Bay became four lanes many years ago and
18:39:40 to the east of Himes it became a commercial district.
18:39:45 Our clients responded to that market.
18:39:48 Height issue, we are going from a single-family home
18:39:52 to be built on this property.
18:39:53 We are counting on a project of 35 feet.
18:39:56 But we are going to build the project at 45 feet.
18:39:58 The zoning code talked in terms of feet.
18:40:01 It does not talk in terms of stories.
18:40:05 To give you some perspective, the additional ten feet
18:40:07 is approximately, from this floor, to about where that

18:40:10 clock is.
18:40:10 So that is a difference of what we are looking at as
18:40:13 far as the change.
18:40:14 If it was a pure CG rezoning, then the height would be
18:40:19 45 feet, also.
18:40:20 And we are not doing a PG rezoning.
18:40:23 We prefer to come to you with a PD which is a more
18:40:27 creative approach especially considering the trees and
18:40:29 the limitations of the comp plan, and also the PD
18:40:32 encourages the developer to make an efficient use of
18:40:35 the property, thereby placing parking to the south, to
18:40:40 parking underneath the building, and the retention, so
18:40:44 we do not have large retention ponds on the property.
18:40:48 This is about a one-acre site.
18:40:51 We are doing a lot of good things with the property in
18:40:53 lieu of the dilapidated church that is no longer
18:40:56 operating on the project.
18:41:08 >>JOHN DINGFELDER: You said you were going to tell us
18:41:10 about the sidewalk but then you didn't.
18:41:12 >>> Yes, I'm sorry.
18:41:13 Sidewalk waiver requested on Himes in order to
18:41:15 accommodate the tree and also it's a quite narrow

18:41:19 right-of-way there on Himes, and just as a safety
18:41:21 measure, we think it would just be better not to have
18:41:23 the sidewalk placed there.
18:41:25 It's a fairly tight amount of property.
18:41:28 And Himes gets quite busy at that point.
18:41:33 And we will pay the in-Leigh Lou fee which is $45 per
18:41:37 linear foot so the city is made whole on the waiver.
18:41:45 I can show this on the Elmo for you.
18:41:53 This is an elevation.
18:41:56 In front of the building, one of the sides.
18:42:12 Jim took the extraordinary effort to meet with the
18:42:14 Palma Ceia homeowners association and also the
18:42:14 Virginia Park homeowners association and -- and also
18:42:19 telephone calls.
18:42:21 I met on the property with Jim Henson who heads up the
18:42:25 Santiago folks.
18:42:26 We have had not had any opposition that we know of.
18:42:28 We sincerely request your approval this evening.
18:42:30 The comment that Abbye had deals with the June 2 staff
18:42:34 report.
18:42:36 We have addressed all of those comments.
18:42:39 And we will provide those corrections on a revised

18:42:43 site plan before first reading.
18:42:45 I would reserve my T rest of my comments for later for
18:42:48 any questions you may have.
18:42:49 We respectfully request the project be approved.
18:42:52 >>THOMAS SCOTT: Anyone wishes to address council in
18:42:54 the public hearing?
18:42:55 Anyone wishes to address council?
18:43:00 Councilman Dingfelder.
18:43:01 >>JOHN DINGFELDER: A couple of questions.
18:43:03 John, you mentioned you have your traffic expert here.
18:43:10 >>> Yes.
18:43:13 >> I get calls about that corner periodically,
18:43:17 recently got an e-mail.
18:43:19 I had a whole series of e-mails with a constituent and
18:43:24 traffic engineer about that corner, having some turn
18:43:29 problems.
18:43:30 We all know basically that's a significant plant high
18:43:33 intersection.
18:43:33 So most of the time I'm sure it operates fine.
18:43:36 But when plant high comes and goes, I think it had
18:43:39 some problems.
18:43:40 How many trips, peak hour trips are you looking at?

18:43:47 And do you have any concerns about the traffic?
18:43:50 >>> Randy Coen.
18:43:52 For the record, I have been sworn.
18:43:53 4121 West Cypress street.
18:43:57 Actually as far as p.m. peak hour the total increase
18:44:01 in traffic for this development is 99 cars.
18:44:03 The real congestion occurs when school let's out, high
18:44:07 school let out which is basically mid afternoon.
18:44:10 A little congestion in the morning.
18:44:12 Additional traffic here in the morning is actually 50
18:44:14 cars when you compare it to what could be going on
18:44:17 with the church if it were still in operation, but it
18:44:20 isn't.
18:44:20 So really not a significant impact.
18:44:23 >>JOHN DINGFELDER: How would you evaluate a church --
18:44:28 >>> IQE has --
18:44:30 >> On a week Bay day morning?
18:44:32 >>> Yes.
18:44:33 Because a lot of churches run such things as daycare
18:44:35 facilities and other things within them so we simply
18:44:38 used IT addition.
18:44:41 >> The church has been closed down for awhile.

18:44:43 >> It's about 72 trips in the morning if you look at
18:44:45 the office building not even looking at the church
18:44:47 that was there.
18:44:48 Basically, we have good levels of service on each of
18:44:51 the roadways.
18:44:52 We basically have B and C on Bay to Bay and -- but do
18:44:59 you have congestion while the school comes in and out
18:45:02 especially in the arch more so than in the morning.
18:45:04 Really not a lot that can be done about that.
18:45:06 You have basically minimal right-of-way on Bay to Bay,
18:45:09 the sidewalk, Himes has a very narrow right-of-way as
18:45:14 well.
18:45:15 It's just one of those conditions you have in an area
18:45:21 with a high school.
18:45:22 >> I had a couple of questions.
18:45:24 If you want me to run through.
18:45:26 >>THOMAS SCOTT: Go ahead.
18:45:27 >>JOHN DINGFELDER: Thank you.
18:45:30 Mr. Grandoff, if you want to show -- actually you have
18:45:33 it on the overhead that's in front of us.
18:45:37 The Devonshire building which is a couple blocks up
18:45:40 the street, similar design.

18:45:42 I think they did parking in the bottom and then they
18:45:46 did one level of building, or one level of office
18:45:52 above.
18:45:53 Do you have a picture of Devonshire?
18:45:59 Okay.
18:46:01 So basically you are looking at the same thing, just
18:46:03 one more level above it.
18:46:09 I think while I might not agree with that particular
18:46:12 developer on a lot of things -- put that back for a
18:46:15 second, if you would, John.
18:46:16 I do appreciate what they did on the first floor in
18:46:19 terms of screening.
18:46:23 And I'm not sure what's there.
18:46:25 But is it bars, or some shrubbery, and what have you?
18:46:34 I'm not even sure if that came in front of us rezoning
18:46:37 or not.
18:46:37 I think it did.
18:46:38 And I think -- it did, Linda?
18:46:41 And I think we did ask for some screening of those
18:46:45 parking garages.
18:46:47 Even though you got the building in the openings and
18:46:49 the building in the openings, at the end of the day

18:46:52 the buildings will show exposed cars, unless you
18:46:55 screen them.
18:46:56 So I'm just wondering if you had any questions along
18:46:59 those lines, or if your client would be adverse to
18:47:03 including those as part of the condition.
18:47:05 And my last question, do you have any pictures of that
18:47:08 sidewalk on Himes, the potential sidewalk on Himes?
18:47:19 >>JOHN GRANDOFF: Yes.
18:47:20 >>JOHN DINGFELDER: Because I assume throws in a
18:47:22 sidewalk there now today.
18:47:24 But, at the same time, plant high kids must come and
18:47:28 go, and down Himes they cross at the intersection,
18:47:32 they go up and down Himes.
18:47:34 I think it would be safer for them to be able to cross
18:47:36 at the light and get on the side that they need to be
18:47:40 on and stay on that side.
18:47:43 So I'm just wondering.
18:47:46 We want to save the trees.
18:47:47 That's a given.
18:47:48 But if there was some way that you could build a
18:47:50 sidewalk, put a curb in, build the sidewalk, and
18:47:54 zigzag that sidewalk through those trees, and just be

18:47:59 a little more creative in that regard, you have got
18:48:05 eight, $9,000 to be creative and put the sidewalk in.
18:48:10 >>JOHN GRANDOFF: We can evaluate that.
18:48:14 Because it more cost effective to build the sidewalk
18:48:16 on a private budget than the city.
18:48:18 >> I'm sure it is.
18:48:19 >>> But apparently it is an issue as far as
18:48:23 negotiating the roots for the two trees.
18:48:25 We'll explore that.
18:48:26 >> I understand.
18:48:28 But at the same time you have got that nice jog-in
18:48:32 cut, the diagonal portion of your building so you have
18:48:35 more room there where you could jog in farther than
18:48:38 normal and just give the city, you know, whatever
18:48:42 easement document we would need in order to allow you
18:48:45 to build a public sidewalk, you know.
18:48:47 >>> We'll evaluate that and also the screening we can
18:48:50 evaluate that, and study that for a comparison.
18:48:57 Jim's company capstone group developed a building on
18:49:02 Estrella and MacDill, and that was under the
18:49:06 building parking, and also adjacent parking to the
18:49:10 east of that building.

18:49:11 >> As far as wrought iron.
18:49:16 >> It has wrought iron, a nice understory where the
18:49:19 four cars are parked in the lobby area and a good
18:49:21 amount of trees.
18:49:23 So that's kind of an idea where it's going.
18:49:26 And mind you one issue --
18:49:28 >> I'll just finish up and relinquish the floor.
18:49:32 Go ahead and say what you need to.
18:49:33 But I have concern about three stories and 45 feet.
18:49:36 I recognize right across the street, the church, what
18:49:41 is that, Methodist?
18:49:43 >> Baptist church.
18:49:43 >> But that is likely, probably in the 40s.
18:49:46 I'm not sure.
18:49:47 But it's pretty big.
18:49:49 And that's been there since I was a boy.
18:49:55 I think there was some precedent at that corner for
18:49:58 some height.
18:49:59 The neighborhood is obviously very well aware of this
18:50:03 and you said you talked to both neighborhood
18:50:05 associations?
18:50:06 >>> And folks on Santiago, yes.

18:50:08 >>JOHN DINGFELDER: Right.
18:50:09 >>> In Virginia park we took the added step of talking
18:50:12 to folks in Palma Ceia, also, north of Bay to Bay.
18:50:16 >>JOHN DINGFELDER: Right.
18:50:18 Okay.
18:50:18 >>JOHN GRANDOFF: A couple things I want to just
18:50:21 mention.
18:50:25 In the new urbanism, you are seeing more efficient
18:50:27 uses of land, and I think ten feet is not a stretch to
18:50:32 gain some intensity, and to get more people working
18:50:35 closer to their home instead of commuting in the
18:50:39 downtown on a bigger scale.
18:50:40 The other issue, Soho guidelines on Howard Avenue
18:50:44 compel you to bring the building to the front and put
18:50:46 the parking to the rear.
18:50:49 And that is a new urbanism type of feel that you are
18:50:54 trying to achieve.
18:50:55 So it is not a new issue on a major thoroughfare like
18:50:58 this.
18:51:00 As long as you have some texture to the building and
18:51:02 some buffer to bring to the front.
18:51:05 I think it would be a waste of space to push the

18:51:09 building back, for instance, ten feet or whatever, and
18:51:11 I don't think you are going to accomplish much at that
18:51:13 point.
18:51:14 We can look at these other issues.
18:51:16 >>THOMAS SCOTT: Let me go to councilwoman Mary
18:51:19 Mulhern, and council member Saul-Sena.
18:51:22 >>MARY MULHERN: Okay.
18:51:24 What is the distance from the -- from Bay to Bay, the
18:51:31 street to the building? What's that setback?
18:51:35 >>JOHN GRANDOFF: Excuse me one second.
18:51:36 The closest point is one and a half feet.
18:51:47 This is to sidewalk.
18:51:51 To sidewalk.
18:51:52 And then you have ten feet over here.
18:51:56 Now, the reason for that --
18:51:57 >> How wide is the sidewalk?
18:51:59 >>> The sidewalk will be six feet wide.
18:52:01 Now, the reason why it is narrow there is because the
18:52:05 property was taken to widen Bay to Bay at this corner.
18:52:09 So we came with ten feet less.
18:52:15 >> But it wasn't -- it was widened when you came to us
18:52:20 with this, right?

18:52:21 >>> Oh, yeah.
18:52:22 It was years ago.
18:52:23 >> Okay.
18:52:25 This is something I want council to talk about.
18:52:28 And I'm going to talk about with zoning.
18:52:30 Because I think new urbanism has been misinterpreted
18:52:34 probably, because every new commercial professional
18:52:37 development you see has no space between building on
18:52:43 the street and we talk about sidewalks all the time,
18:52:46 when we are talking about residential areas.
18:52:48 But, you know, I don't think it's necessarily a good
18:52:50 thing.
18:52:50 We need wider sidewalks if we are going to have any
18:52:53 kind of pedestrian-friendly landscape.
18:52:56 And I'm just getting on my soap box here because I
18:53:00 think we need to look at that.
18:53:03 My other question was -- I don't know if this -- did
18:53:08 you have to notify everyone on Santiago, or did you
18:53:13 just have to notify Bay to Bay?
18:53:16 >>> We notify everybody within a 250-foot circle from
18:53:20 the edge of the property.
18:53:21 So people, go both ways.

18:53:25 >> So everybody on Santiago is notified?
18:53:28 >>> Yes.
18:53:30 >> And then my question was, I'm asking this because I
18:53:38 can't read.
18:53:41 I went in back and Xeroxed a rezoning map.
18:53:47 Entire parcel is RM-16 right now?
18:53:49 >>> That's the zoning.
18:53:51 That's residential multifamily.
18:53:53 >> Right.
18:53:56 RM-16.
18:53:57 Okay.
18:53:58 And then one mover thing I wanted to ask.
18:54:02 The building on the corner of Himes and, Himes and
18:54:10 Santiago, south of the church, what is that?
18:54:15 The one that's right on Himes.
18:54:17 Is that part?
18:54:18 >>> On the site?
18:54:19 >> Yes.
18:54:20 Actually, I'm looking at the overview.
18:54:25 The overhead.
18:54:28 If you look at that photograph, there's two buildings.
18:54:31 They look like they are on Santiago, but I'm guessing,

18:54:37 one is on Himes.
18:54:41 >>> Here we go.
18:54:43 This building?
18:54:44 >> Yes.
18:54:45 What's that?
18:54:45 >>> Part of the church.
18:54:46 I think a community center.
18:54:48 Sanctuary was here.
18:54:49 This is the community center of the church.
18:54:51 And this is a house the church owned.
18:54:55 >> It was still there?
18:54:57 >>> Yes.
18:54:57 >> Do we have a picture of it?
18:54:59 >>> Yes.
18:55:00 Well, it's somewhere.
18:55:16 Looking from the east at that building.
18:55:21 Elmo, please.
18:55:36 There's the house.
18:55:36 >>MARY MULHERN: What's that taken from?
18:55:40 >>> I'm standing east, looking west towards Himes, a
18:55:45 Santiago.
18:55:45 That's the house in front.

18:55:47 And then beyond that is a community building.
18:55:50 >> Okay, so that wall is between the house and that
18:55:53 community center?
18:55:54 >>> No.
18:55:57 Between the house and the parking lot, church use.
18:56:02 >> That's the front of the house?
18:56:03 >>> No, that's the side.
18:56:05 >> Santiago is over here?
18:56:07 >>> Santiago is right over here.
18:56:10 >> We don't have a picture of the house front of
18:56:14 Santiago?
18:56:15 >>> I think I do.
18:56:16 I think I do.
18:56:28 >>> Then is the is the community center next door.
18:56:32 I'm sorry I missed it.
18:56:35 >>JOHN GRANDOFF: Replaced by the 18-foot buffer and
18:56:38 landscaping and the parking.
18:56:39 >>MARY MULHERN: Thank you.
18:56:41 >>THOMAS SCOTT: Councilwoman Saul-Sena, then
18:56:43 councilman Caetano.
18:56:45 >>LINDA SAUL-SENA: Thank you.
18:56:46 Mr. Grandoff, I drove around this site.

18:56:48 And I went down to MacDill to see the capstone
18:56:52 building that's on MacDill.
18:56:54 I think that is one of the handsomest new office
18:56:57 buildings in town.
18:56:58 And I think it really is a good neighbor to the
18:57:02 residences next to it.
18:57:05 It had a masonry wall between itself and the
18:57:10 residences and I know this doesn't have to because
18:57:12 there's a street in between, but I wonder what the
18:57:14 landscaping is that's going to visually buffer the
18:57:19 residents on the south side of Santiago from this
18:57:23 structure, parking on the north.
18:57:26 >>> In elevation?
18:57:27 I don't think we have a than elevation.
18:57:28 >> If could you just describe it verbally that would
18:57:31 work.
18:57:31 >>> Do you want to come up and describe that?
18:57:35 And Jim Byrd is with us this evening, developed that
18:57:37 building on MacDill and Estrella.
18:57:40 >> It really turned out well.
18:57:42 >>> Bob Shuler, 1719 North Howard Avenue.
18:57:46 And I have been sworn.

18:57:47 On the buffering, we are putting -- providing a 6-foot
18:57:52 vinyl fence at basically the edge of the parking, and
18:57:55 then the 18 feet south of that is buffered.
18:57:59 Then by landscaping, it hasn't been developed but it's
18:58:06 going to be a series of trees and buffering, and
18:58:13 approved through the city, and exactly how it will be
18:58:16 executed.
18:58:16 But I think it not just landscaping.
18:58:19 It's again this wall, using a PVC final vinyl feigns
18:58:28 that's a letter more friendly environment.
18:58:30 And speaking to I think Mr. Dingfelder had asked about
18:58:35 the parking it.
18:58:36 We are doing it similar to the MacDill building.
18:58:38 I was part of that project previously.
18:58:41 We are going to do similar things to this building as
18:58:44 we did on MacDill across the street from Palma
18:58:47 Ceia, with some additional landscaping and screening.
18:58:53 On the front of it, varies dramatically as you go from
18:58:58 west to east on the setbacks.
18:59:01 As you go from the furthest west to about six feet
18:59:04 there's only one also spot right at the corner as you
18:59:08 enter, an entry feet you are about 1.8 feet.

18:59:11 That's really 5% of the overall elevation of the front
18:59:18 on Bay to Bay, is that 1.6, 7 feet.
18:59:23 Then the balance which is about 50% to the east of the
18:59:27 building that is a full 10 feet which is exactly the
18:59:30 same buffer we have on the 1700 MacDill building
18:59:34 across from Palma Ceia.
18:59:37 >> And the light, I just want to make sure the
18:59:39 lighting won't drive the neighbors crazy.
18:59:41 >>> Again we will use lighting that is in scale with
18:59:44 the neighborhood.
18:59:45 We'll use more lighting that's a lower elevation
18:59:49 versus 30-foot poles that will leak out into the
18:59:52 neighborhood.
18:59:54 Use shorter poles, 12-foot poles, more of them.
18:59:59 And I think MacDill, we have been hem turned off
19:00:04 at a certain time, 9:00 or whatever, so once all
19:00:07 people from the building go home the lights go off
19:00:10 completely.
19:00:15 >>JOSEPH P. CAETANO: Essentially all your parking is
19:00:17 going to be under the building then.
19:00:19 >>JOHN GRANDOFF: And in the southern portion of the
19:00:21 property.

19:00:21 >> So there will be no doors on those openings?
19:00:25 >>> Pardon me?
19:00:27 >> Are there going to be garage doors down here, or
19:00:29 just an opening?
19:00:30 >>> Yes, open.
19:00:35 >>THOMAS SCOTT: I believe one person wanted to address
19:00:37 council from the audience.
19:00:40 Again, if you want to address council, if you are
19:00:42 here, please come forward, please.
19:00:52 >>> Joseph, 3503 Santiago which is adjoining what they
19:00:59 are trying to do here.
19:01:03 There is a lot of questions about the kids coming back
19:01:07 and forth from Plant High School, you know, two times
19:01:11 a day, there's a put good rush of them going back and
19:01:15 forth.
19:01:16 Also we have a church there which is a bit different
19:01:19 from commercial property.
19:01:22 Church people, usually we get along real good.
19:01:26 Commercial property is something else.
19:01:33 I noticed in the other property across from Bay to Bay
19:01:36 that they just built those new units on, with the
19:01:44 Starbuck's, they encapsulated that with a wall all

19:01:48 around.
19:01:50 I had in a problem with the parking going back to
19:01:52 Santiago but I don't want access, nor does any of my
19:01:55 neighbors on Santiago that I talked to.
19:01:59 Somebody mentioned -- I was talking with Kevin, that
19:02:04 public commercial access onto Santiago is really bad.
19:02:10 I didn't know anything about the wall until now.
19:02:13 I prefer cinder block wall if possible.
19:02:21 Talking about the sidewalk, that's actually on the
19:02:23 back half, and that is where they said they were going
19:02:26 to put the parking, from what I understand.
19:02:28 So it wouldn't be that hard to cut sidewalk around
19:02:32 those trees.
19:02:36 And also, you know, there really isn't a need for much
19:02:40 of a sidewalk on Santiago but it would be really nice
19:02:43 to have that wall there.
19:02:49 There's two accesses in and out from the church lot.
19:02:53 Also from what was going on here -- can I take a look
19:03:00 at that?
19:03:00 I haven't seen the blueprints.
19:03:03 >> Here you go, sir.
19:03:05 While you are looking, I think we'll close --

19:03:11 Let him finish.
19:03:12 He has three minutes.
19:03:13 That way we don't interrupt his time.
19:03:15 >>> This doesn't show the discrepancy between the two
19:03:23 --
19:03:24 >> Take the microphone.
19:03:25 >>> I'm sorry.
19:03:27 There's a discrepancy between the two layouts.
19:03:30 This doesn't have plat 14 on it.
19:03:36 Where you take that picture of the church, of the
19:03:40 house that sits here.
19:03:50 So they are going to get rid of the giant oak that's
19:03:55 here, where that house is.
19:03:58 It's beautiful.
19:04:08 I don't know.
19:04:11 And I would like to know what's going on with that.
19:04:21 Plat 14 is not in here at all.
19:04:30 This is a nice building, and having three stories is
19:04:32 ridiculous.
19:04:33 That's way too big, you know.
19:04:34 The two stories they did up the block, let it run all
19:04:39 the way across.

19:04:40 That's fine.
19:04:41 (Bell sounds).
19:04:42 >>THOMAS SCOTT: Okay, thank you, sir.
19:04:43 Your time is up.
19:04:44 We have a couple questions.
19:04:46 Councilwoman Saul-Sena, and then councilman Dingfelder
19:04:49 and Mulhern.
19:04:50 >>LINDA SAUL-SENA: I just wanted to say briefly that
19:04:53 there's material that the city tried out for putting
19:04:55 sidewalks over tree roots, some kind of rubberized
19:04:58 thing that doesn't have a negative impact, and I'm
19:05:00 sure our parks people can let you know about it but
19:05:05 that's a solution.
19:05:05 >>THOMAS SCOTT: Councilman Dingfelder.
19:05:09 >>JOHN DINGFELDER: I didn't catch the gentleman's name
19:05:16 but looking at the site plan and listening to Mr.
19:05:18 Grandoff hearing what's on the record and staff, there
19:05:22 will be no ingress or egress from Santiago to this
19:05:25 project, number one.
19:05:27 Number two, they are planning on putting up a wall.
19:05:32 By now, a vinyl fence along the entire plat.
19:05:40 They are going to set it in, I don't know, 10 feet?

19:05:44 >>JOHN GRANDOFF: 18.
19:05:46 >>: And they are going to put landscaping between the
19:05:49 sidewalk and the vinyl fence.
19:05:51 >>> That's right.
19:05:52 >> Aesthetic buffering.
19:05:56 So there won't be any ability for the people to park
19:05:58 and to come directly to the neighborhood.
19:06:00 They would have to go all the way out on the Bay to
19:06:02 Bay side and come around.
19:06:04 >>> That's right.
19:06:04 >> I had the same thought the gentleman had, though,
19:06:10 that vinyl, I think, has its place, but if it was my
19:06:15 druthers and I lived facing the thing I would think a
19:06:19 nice painted cinder block stucco wall would be a lot
19:06:23 nicer to look at.
19:06:24 And you used the MacDill property as an example.
19:06:27 I think the MacDill Haas property has cinder
19:06:29 block, stucco painted wall surrounding it.
19:06:33 So was that a specific request to go to vinyl from the
19:06:36 neighborhood?
19:06:37 Or is that a developer's request?
19:06:39 >>> I would have to defer to Ralph on that.

19:06:44 We can look at the wall material and finish, something
19:06:47 we can evaluate.
19:06:50 >>MARY MULHERN: I just wanted to know, are you not
19:06:53 with the neighborhood association, about this Virginia
19:06:57 park and Palma Ceia are both affected by this.
19:07:00 >>> We are in Virginia park.
19:07:02 Palma Ceia is to the north.
19:07:03 They contacted both associations.
19:07:05 >> You contacted --
19:07:07 >>> Yes.
19:07:08 And they have no objection to the project.
19:07:09 For what it's worth, we had the same response when a
19:07:13 bank was trying to go there and we withdrew that
19:07:15 application last year.
19:07:16 >> They had a problem with it?
19:07:20 >>> No.
19:07:24 What everyone wanted was kind of the yard on Santiago.
19:07:28 That was the issue.
19:07:29 No access on Santiago, and please provide this yard so
19:07:33 I asked our client to continue that compromise, also.
19:07:36 >> And then I think you answered my question but you
19:07:41 are planning to put in a sidewalk on Santiago, but it

19:07:45 looks like part of the block, that side east of Himes
19:07:51 doesn't have a sidewalk, or does it?
19:07:54 >>> That's right.
19:07:55 >> Well, there isn't any from what, Himes to --
19:08:00 >>> From Santiago to Bay to Bay, there's in a sidewalk
19:08:03 planned.
19:08:04 The primary reason is negotiating around the roots of
19:08:07 the two trees that we are saving.
19:08:09 We still have to demonstrate at the time of
19:08:13 construction that it is infeasible to do the sidewalk
19:08:16 and once we prove that to the department of public
19:08:19 works, then we can pay the in lieu fee.
19:08:22 >>MARTIN SHELBY: I think there's a clarification on
19:08:27 that if we can.
19:08:28 I'm sorry.
19:08:31 >>> I did want to address that.
19:08:33 Pursuant to chapter 22, section 103, when new
19:08:38 construction is required contributions to sidewalk
19:08:40 trust fund in lieu of construct ago sidewalk, before
19:08:43 you tonight and as you see in my staff report they put
19:08:46 in payment fee in lieu as a waiver.
19:08:50 It is not a waiver.

19:08:51 Council must make a finding that it is impossible to
19:08:53 put this sidewalk in.
19:08:55 And at that time they would be eligible to pay fee in
19:08:58 lieu.
19:08:58 They can either get that determination from the
19:09:01 transportation manager, which I don't believe they
19:09:03 have done prior to this hearing, or then they get it
19:09:07 from you at the hearing.
19:09:08 If they do not get it, then they put the sidewalk in
19:09:12 so it is not a waiver that can be asked for or
19:09:14 requested.
19:09:15 It is a finding that must be made by council, and then
19:09:19 if that finding is made they could pay fee in lieu.
19:09:22 I just wanted to clarify that.
19:09:23 And I can read you exactly the section if you would
19:09:26 like me to read the code with that section.
19:09:30 The on the clarification I want to make is the other
19:09:33 office building is under CG, so it's not showing as a
19:09:36 PD on the zoning atlas it was developed under CG which
19:09:40 means there was a template front yard setback under
19:09:43 CG.
19:09:44 >>MARY MULHERN: I have one more question and maybe you

19:09:46 can answer this, Abbye.
19:09:48 In this particular case, what does hazardous mean for
19:09:51 that tree?
19:09:54 >>> There again that's why it's in our ordinance.
19:09:57 I will let Mr. Riley speak to that.
19:10:00 55-inch oak tree.
19:10:07 >>> David Riley, parks and recreation, I have been
19:10:09 sworn.
19:10:09 Let me say this first on the issue of the sidewalk.
19:10:12 We would prefer not to have the sidewalk.
19:10:15 But again there's other issues, the students and such.
19:10:21 If council feels strongly about it, with the materials
19:10:23 and some ingenuity we can come up with a sidewalk for
19:10:28 that side.
19:10:29 There is an example on Cleveland where they built
19:10:31 aboard walk.
19:10:32 So there is a way to do it.
19:10:34 As to hazardous, we do an evaluation in accordance
19:10:38 with the ISA, international society of
19:10:42 arboriculturists.
19:10:44 We looked at certain issues.
19:10:47 Primarily, if you look right here, you can see decay.

19:10:49 There are several other issues, mature Laurel oak.
19:10:58 Unfortunately, I think it's seen better times.
19:11:03 I did notice a few pieces of wood had fallen out of
19:11:07 the tree and we think it's best for the safety of the
19:11:09 neighborhood to remove the tree at this time.
19:11:13 >>THOMAS SCOTT: Councilman Miranda. Councilwoman
19:11:14 Saul-Sena.
19:11:14 >>CHARLIE MIRANDA: The two trees that are on the Himes
19:11:19 site -- many trees on the Himes site, what are the
19:11:25 parameters to build the sidewalk around the root
19:11:27 system?
19:11:30 >>> Primarily, we have worked with the sidewalk
19:11:32 people, and need a minimum of six feet from the trunk
19:11:37 of the tree.
19:11:40 In this particular case, the trees are somewhat older,
19:11:43 and they are more mounded.
19:11:45 So we would have to stay outside of that mound,
19:11:48 whatever that would turn out to be.
19:11:50 But again, if we could do an elevated sidewalk,
19:11:55 something that might be pushing the limits of the ADA
19:11:58 with slope.
19:12:00 >> I am not into elevated sidewalks.

19:12:02 I don't quite understand that.
19:12:03 >>> Again one of the things --
19:12:12 >> Doesn't bend too well.
19:12:13 >>> Well, put a concrete slab on top of the grade, so
19:12:16 they are actually above grade, and they are not
19:12:18 digging into N traditionally four to six inches with
19:12:21 the subbase, so you put a beam down, put a pre-poured
19:12:26 slab on top of it and off you go.
19:12:28 >> And that covers $46 a linear foot?
19:12:34 >>> I have no idea what that would cost.
19:12:36 >> Normal construction would be they would cut down --
19:12:41 >> There is no normal construction.
19:12:42 >>THOMAS SCOTT: Councilwoman Saul-Sena.
19:12:45 >>LINDA SAUL-SENA: Thank you.
19:12:47 I just would like you to consider doing the sidewalk.
19:12:52 On Cleveland it's great.
19:12:53 It works.
19:12:53 >>JOHN GRANDOFF: We'll do it.
19:12:55 I spoke to my client just now and we'll delete that
19:12:58 request from the site plan.
19:12:59 We will make the sidewalk work somehow on Himes.
19:13:03 >>THOMAS SCOTT: Any other questions?

19:13:04 No other questions.
19:13:05 All right, Mr. Grandoff.
19:13:07 Closing?
19:13:08 >>JOHN GRANDOFF: That's all I have, Mr. Chairman.
19:13:09 >> Move to close.
19:13:12 >> Did you talk to him about the stucco wall?
19:13:17 >>JOHN GRANDOFF: I'm sorry, I did not.
19:13:18 >> Might as well get that resolved before we move to
19:13:23 reading.
19:13:25 >>> Yes, we can do the stucco wall finished on the
19:13:40 outside.
19:13:41 >>CHARLIE MIRANDA: Second to close.
19:13:48 >> All in favor let it be known by Aye.
19:13:50 Opposed?
19:13:51 (Motion carried).
19:13:52 >>CHARLIE MIRANDA: I'll read this ordinance for first
19:13:58 reading.
19:13:58 Then I'll add 1, 2, 3, 4, 5 addendums to it.
19:14:03 I believe there's at least five.
19:14:05 Move an ordinance rezoning property in the general
19:14:07 vicinity of 3516 west Bay to Bay Boulevard and 3511
19:14:11 west Santiago street in the city of Tampa, Florida

19:14:13 more particularly described in section 1 from zoning
19:14:15 district classification RM-16 residential multi-use PD
19:14:19 planned development business, professional office
19:14:21 providing an effective date.
19:14:22 Along with a revised tree table to show replacement
19:14:25 for grand tree removal, revised note 18 to 16, instead
19:14:31 of 16 inches, add the stormwater note for retention,
19:14:37 show a 15 by 20 grassed area for main on the site
19:14:43 plan, the sidewalk and addendum to the back of the
19:14:47 structure on Santiago to be a masonry stucco wall.
19:14:53 >>THOMAS SCOTT: Seconded by councilwoman Saul-Sena.
19:14:57 All in favor let it be known by Aye.
19:14:59 Opposes?
19:15:01 >>THE CLERK: Motion carried unanimously.
19:15:02 Second reading and adoption will be on June 26th
19:15:05 at 9:30 a.m.
19:15:06 >>CHARLIE MIRANDA: Move to open number 5.
19:15:08 >>THOMAS SCOTT: Do I hear a second on number 5?
19:15:14 All in favor let it be known by Aye.
19:15:16 Opposed same sign.
19:15:17 So moved.
19:15:18 Okay.

19:15:20 >>ABBYE FEELEY: Land Development Coordination.
19:15:55 I have been sworn.
19:15:58 File before you is Z-08-11 located at 3224 Henderson
19:16:03 Boulevard.
19:16:03 Request before you is to rezone the property from RO-1
19:16:06 residential office to PD planned development for
19:16:12 medical and office professional use.
19:16:13 There are five waivers associated with this request.
19:16:16 The first is to reduce the special setbacks from 45
19:16:21 feet off the center line of Henderson Boulevard to
19:16:23 42.75 feet.
19:16:24 The second is to reduce the required buffer from 15
19:16:28 feet with a 6-foot masonry wall to 5 feet with an
19:16:31 8-foot masonry wall along the east and south.
19:16:35 The third is to reduce the required number of parking
19:16:37 spaces from 44 to 35.
19:16:40 The fourth is to reduce the drive aisle width from 26
19:16:44 feet to 24 feet.
19:16:45 And the last is to reduce the required buffer adjacent
19:16:47 to the right-of-way from eight feet to three feet with
19:16:50 a 2-foot high hedge.
19:16:53 The petitioner is proposing to rezone the property

19:16:55 from RO-1 to PD to allow for general and medical
19:17:01 office uses. The site contains 18,535 square feet.
19:17:04 The petitioner is proposing to remove the existing
19:17:06 structure and develop this parcel to a 3-story
19:17:10 structure containing 5,412 square feet for medical
19:17:13 office, and 3,333 square feet for general professional
19:17:17 office.
19:17:20 The PD setbacks are as follows.
19:17:22 To the north, 39.64 feet.
19:17:25 South 20.75 feet.
19:17:27 To the west along Henderson Boulevard 3 feet.
19:17:30 To the east, 61.71 feet.
19:17:33 Based on the submitted elevations, the maximum
19:17:35 building height would be 35 feet.
19:17:38 Based upon the proposed square footage, the project is
19:17:40 required to have 44 parking spaces, a total of 35
19:17:44 being provided, with a waiver requested for the nine
19:17:51 deficit spaces.
19:17:54 Staff did find this petition inconsistent. The two
19:17:59 findings of inconsistency were from Land Development
19:18:01 Coordination in relation to the compatibility pursuant
19:18:05 to 27-321.6 which is PD criteria.

19:18:09 The proposed use is appropriate with the existing
19:18:12 character of Henderson Boulevard.
19:18:14 However, staff does have concerns regarding the scale
19:18:16 of the design in relation to the built environment and
19:18:19 its impact on the surrounding neighborhood.
19:18:22 The smaller general office use would be more
19:18:24 compatible and appropriate in this location.
19:18:27 The second finding of inconsistency was from landscape
19:18:32 specialist.
19:18:33 Petitioner does require aware of green space, and that
19:18:38 needs to be provided.
19:18:39 And I believe it is 170 square feet of green space
19:18:42 that they are waiting.
19:18:43 That's not listed on the current site plan and would
19:18:45 need to be amended in between first and second
19:18:47 reading.
19:18:48 I will go ahead and give you an overview of the site.
19:18:58 Kennedy Boulevard to the north.
19:19:00 Henderson shown here in green.
19:19:04 You will see there are several RO properties around.
19:19:09 There is also RO-1 to the south.
19:19:11 Several PDs.

19:19:13 Predominantly, RS-60 residential single-family
19:19:17 immediately to the east of the property.
19:19:24 Here's an aerial of the site. Matanzas to the east.
19:19:35 Henderson to the west.
19:19:36 Kennedy to the north.
19:19:46 Here's a picture of the site as it exists today.
19:19:49 Currently being used as a medical office.
19:19:55 The existing parking.
19:19:59 To be used on the back of the lot looking towards
19:20:01 Henderson.
19:20:07 The property to the north of the site.
19:20:10 Law office this is the site on Kennedy and Henderson
19:20:17 which is also an office.
19:20:29 Retail.
19:20:30 This is northwest of the site.
19:20:39 This is across the street from the site.
19:20:44 This is looking south west on Henderson.
19:20:48 That's the other RO property.
19:20:55 And a closer picture of that.
19:20:58 And this is single-family at the corner of Cleveland,
19:21:07 south of the site.
19:21:10 >>THOMAS SCOTT: Any questions?

19:21:20 >>LINDA SAUL-SENA: Do you have a question -- a
19:21:22 question?
19:21:22 Do you have a photograph of the residential street
19:21:24 that backs up to this so that we can see the scale of
19:21:26 the houses and get a sense of what they are looking
19:21:31 for Henderson?
19:21:36 >>> I do not believe that I do.
19:21:42 >> I'm having a little trouble understanding the site
19:21:46 plan.
19:21:49 What is the buffer between the structure and the rear
19:21:54 property line that backs up to residential?
19:21:57 What is the number of feet, and --
19:22:00 >>> That's actually where they are asking for the
19:22:02 waiver.
19:22:03 Let me see if I can -- kind of an odd-shaped property.
19:22:11 Let me zoom out and see how much you can get in here
19:22:14 for you.
19:22:14 >> The Henderson side is the --
19:22:17 >>> The hinder son side is the side with the three
19:22:20 feet.
19:22:22 Okay.
19:22:22 This is the side here, where this is where it is being

19:22:29 reduced to five feet of green space and asking to do
19:22:32 five foot masonry wall instead of six.
19:22:35 Code requires residential buffer be 15 feet of
19:22:39 landscape with a 6-foot masonry wall.
19:22:41 >> So currently they are asking for a five foot wall,
19:22:45 five feet of buffering, and going to be 35 feet?
19:22:52 >>> There's actually 61 feet.
19:22:54 This is all surface parking here.
19:22:56 It is not contained under the building.
19:22:58 The building starts back here at 61 feet from this
19:23:02 property.
19:23:02 And then there is -- you would come in off of
19:23:06 Henderson, come around, and there's also parking under
19:23:11 the structure hear on the first floor, approximately
19:23:15 12 feet.
19:23:16 It will be located under the structure.
19:23:17 But then there will be surface parking to the rear of
19:23:20 the structure.
19:23:21 >> And one last question.
19:23:23 Some medical uses like pediatricians, for example,
19:23:26 generate a lot of traffic.
19:23:32 Could we preclude medical uses?

19:23:35 Or could we preclude -- certain specialties, I don't
19:23:43 know if our code distinguishes between --
19:23:45 >>> Our code does not distinguish between.
19:23:50 I believe on the site is a specialist.
19:23:56 I was out to the side with LaChone Dock, the planner
19:24:01 in the case.
19:24:03 You can see from some of the photos, in order -- when
19:24:09 petitioner first came in this started out being
19:24:11 completely medical.
19:24:12 The site could not accommodate the parking lot that
19:24:14 was required, and they wanted to do almost a 50%
19:24:17 parking waiver, and staff would not support it.
19:24:19 We recommended to them they go back and look at
19:24:21 potentially doing some other sort -- on the site to be
19:24:26 able to able to accommodate the impact they were going
19:24:29 to have on the requirements for parking.
19:24:30 >> Even so, the percentage of parking they were asking
19:24:32 is, I believe, 30%?
19:24:36 Thank you.
19:24:37 >>THOMAS SCOTT: Councilman Dingfelder.
19:24:41 >>JOHN DINGFELDER: Mary, if I could.
19:24:48 >>> Mary has a good picture, in the back.

19:24:56 >>> There is a wood fence that runs along there.
19:25:11 >>JOHN DINGFELDER: Mary, looking at the site plan, you
19:25:16 have got a dozen parking spaces, maybe ten.
19:25:21 About ten parking spaces along the effectively what I
19:25:25 guess is the east wall.
19:25:32 And I think that if I lived along that, if I was going
19:25:37 to be the back door neighbors along Matanzas along
19:25:41 that side, and I think maybe some of the folks are
19:25:43 here.
19:25:44 I don't know.
19:25:44 They are?
19:25:48 They are going to get an -- they are being offered an
19:25:53 8-foot wall but there's not a lot of landscape
19:25:57 buffering along that wall.
19:25:58 They are showing some little plants on the inside of
19:26:00 the wall.
19:26:00 But doesn't look like much in the way of plant to help
19:26:03 the outside people.
19:26:06 So what I'm thinking is, if we eliminated a couple
19:26:09 more of those spaces along that eastern wall, and had
19:26:14 them put in some significant trees, live oaks or what
19:26:19 have you, then eventually that would grow up into a

19:26:22 big canopy that could better buffer their views from
19:26:26 their back yards of this 35-foot building.
19:26:34 Not looking from a parking perspective or
19:26:37 transportation perspective, but landscaping which is
19:26:39 your specialty, how do you feel about that?
19:26:41 >>> Sure, I would love that.
19:26:43 In the meantime, we get an opportunity to plant more
19:26:46 trees, and to increase the canopy of the City of
19:26:48 Tampa.
19:26:49 I'm all for that.
19:26:51 We would --
19:26:52 >> I mean from a buffering perspective, also, right?
19:26:54 >>> The code only requires chapter 13 of 3-foot wide
19:26:58 buffer adjacent to an abutting property.
19:27:01 It chapter 27 that requires the 15-foot buffer.
19:27:05 So from the tree and landscape perspective, 3-foot is
19:27:10 all that we require.
19:27:11 But I would be for increasing the buffer and adding
19:27:14 some oak trees in the back.
19:27:16 That would be wonderful.
19:27:19 >> Because I see we are accommodating the pecan tree
19:27:23 with, you know, by losing a space or two there or

19:27:26 something like that.
19:27:27 >>> Right.
19:27:29 That's something I had asked for, and they were
19:27:31 willing to comply with that.
19:27:32 >>JOHN DINGFELDER: Thank you.
19:27:34 >>> I did want to clarify, the parking waiver is 20%.
19:27:50 >>TONY GARCIA: Planning Commission staff.
19:27:52 I have been sworn.
19:27:55 First of all, I want to apologize because my math is
19:28:01 dated.
19:28:02 This parcel is not included as part of the project.
19:28:05 So we are going to saw this off so I am going to put
19:28:09 an X on my map just to make it easier for you all.
19:28:12 So we had this parcel which basically is residential
19:28:14 20.
19:28:15 Does front Henderson Boulevard.
19:28:17 This is south of Kennedy, the intersection we all know
19:28:21 as Henderson Boulevard and Kennedy.
19:28:23 WTVT is over here as we No. tobacco shop which has
19:28:26 been here since I was a boy, too.
19:28:30 It's been there a long, long time.
19:28:32 And we are all very aware of the peculiar nature of

19:28:37 Henderson Boulevard where you have a lot of traffic.
19:28:40 You have a lot of general commercial, office uses of
19:28:44 various scales and intensities on Henderson all the
19:28:47 way down to where Henderson goes into Manhattan.
19:28:50 It's very difficult with the transition, just drops
19:28:54 like off a cliff from Henderson Boulevard to all the
19:28:57 adjacent residential neighborhoods, and we are very
19:28:59 well aware of that.
19:29:00 As far as the request, the 35 feet, I think is in
19:29:04 character, the scale and mast with existing buildings.
19:29:08 As you can recall there is a medical building on the
19:29:10 corner of Azeele and Henderson Boulevard, actually
19:29:13 much higher than this, with a variety of different
19:29:15 medical and professional office uses on that corner.
19:29:18 Been there for quite a long period of time.
19:29:20 There are several other law firms and other
19:29:22 professional office uses on the western side of
19:29:24 Henderson Boulevard, as one goes down closer to that.
19:29:30 Much more hazardous as far as cars are concerned,
19:29:34 where Himes intersects with Henderson.
19:29:36 As we all know that intersection further down where
19:29:39 the Walgreen's pharmacy is at.

19:29:42 So we know that this is a very busy and tight type of
19:29:48 road.
19:29:48 It is a collector road that is one of our -- that is
19:29:53 home to many of our general commercial and office uses
19:29:56 in the area.
19:29:57 I do believe that we do realize that there are a
19:30:01 variety of those types of similar types of uses in
19:30:04 scale.
19:30:05 I do share the concern of council in meeting with the
19:30:11 applicant more than once as far as the distance of the
19:30:16 structure from the actual residential boundary.
19:30:19 And I think it was stated it's 61 feet which we
19:30:23 thought was pretty good and I think the applicant is
19:30:25 also trying to accommodate.
19:30:26 I do recall that the residents did have some concern
19:30:28 about the distance of the structure.
19:30:31 I think the 35 feet is to character and scale.
19:30:36 I would like to also see, Mr. Dingfelder, I don't have
19:30:39 a -- can have more landscape and those particular type
19:30:46 in the current comp plan but think you will see
19:30:48 something different.
19:30:49 But as far as we see here now, I do think enhanced

19:30:52 landscaping in the rear will probably be much more
19:30:57 amenable for all parties in consideration of this
19:31:01 particular project.
19:31:01 I do think that it was interesting proposing an 8-foot
19:31:06 wall in the back since we do carry the standard height
19:31:10 for concrete wall is six feet but I do think at least
19:31:13 in offering that they are trying to accommodate the
19:31:15 residents to the east of the site.
19:31:17 But as far as the scale and the character and the
19:31:20 compatibility along behind ender son Boulevard the
19:31:23 request is consistent with the standards and policies
19:31:24 of the comprehensive plan.
19:31:27 >>THOMAS SCOTT: Any questions?
19:31:29 Petitioner?
19:31:39 >>> Chris Kirschner, PD architects, and I have been
19:31:45 sworn, hear to present the design for the new office
19:31:47 building at 3224 Henderson Boulevard that you see
19:31:50 before you.
19:31:51 It's important to note that we do intend to design
19:31:56 LEED silver certification to the SBGC and it's
19:31:59 encouraging for me a community to have the foresight
19:32:04 to embrace, support, incentivize, and commend you all

19:32:08 for these efforts.
19:32:11 Hall I will ton engineering will run through the site
19:32:14 aspects and the PD plan, working with the city staff
19:32:18 over the last three month on this project.
19:32:21 S a many of you notice, Dr. Jansen has maintained
19:32:27 practice hear for 28 years.
19:32:37 The new facility will alleviate the current traffic
19:32:46 flow problems into and out of the site as well.
19:32:49 When we first approached this project we knew right
19:32:50 away we had two main issues to address.
19:32:53 First was the proximity of single family residences to
19:32:56 the east and south.
19:32:58 Second was ingress and egress out onto Henderson
19:33:02 Boulevard and Bradford heave to the west.
19:33:04 Our process included meeting first with city staff,
19:33:07 then meeting with the neighbors to incorporate theirs.
19:33:10 When we first sat down we indicated the potential of
19:33:14 the design facility to meet LEED standards.
19:33:16 At the time of this meeting, undeterred we thought it
19:33:20 was important to pursue this, to work through various
19:33:24 departments including transportation, stormwater,
19:33:26 zoning, trees, landscaping, solid waste, Planning

19:33:29 Commission, D.O.T., fire review, all trying to
19:33:33 maintain the LEED design criteria.
19:33:37 As a success to this endeavor, I will let the final
19:33:41 report speak for me.
19:33:44 Consistency with the adopted plan, the proposed
19:33:46 request is consistent with and furthers the
19:33:49 intentions, goals, policies of the City of Tampa
19:33:52 comprehensive plan.
19:33:55 This site does abut residential uses and has provided
19:33:58 on-site plan proposed buffering and screening to
19:34:00 mitigate any adverse impacts.
19:34:02 Based on the function of the proposed use for the site
19:34:04 and its relationship to Henderson Boulevard there
19:34:06 should not be any transportation impacts generated by
19:34:10 the proposed request into the neighborhood.
19:34:12 The recommendation was that the rezoning request was
19:34:15 consistent with the provisions of the plan.
19:34:18 In order to illustrate this a little bit further, bear
19:34:22 with me.
19:34:24 We developed some graphics.
19:34:28 It's mentioned here about buffering and scale.
19:34:31 And I think this will help to graphically illustrate

19:34:35 what we are discussing here.
19:34:38 First we have an alternate plan to our design which is
19:34:45 another three-story building.
19:34:49 This plan would not require a rezoning effort.
19:35:10 And it still achieves 31 parking spaces.
19:35:17 This will give you an idea of the scale and mass of
19:35:20 this building.
19:35:22 >>CHARLIE MIRANDA: That's backwards.
19:35:24 Sideways.
19:35:25 That's it.
19:35:25 >>> Thank you.
19:35:27 This right here is where the single-family houses are
19:35:30 located I'm pointing to.
19:35:36 You can see clearly the zoning currently requires, it
19:35:39 almost forces us to push our building back towards the
19:35:41 site, put the parking in the front.
19:35:44 Clearly, this is not desirable residence behind the
19:35:51 site.
19:35:56 We suggested we do one story over parking, not as big,
19:36:01 not as tall.
19:36:02 Again this would be allowed in the current zoning.
19:36:11 This illustrates they are allowed, and the scale and

19:36:14 mass.
19:36:14 >> Turn left.
19:36:18 >> Certainly not foresee this come up out of the
19:36:32 ground but it is possible.
19:36:38 The proposed plan here --
19:36:40 >> In baseball, three strikes and you're out.
19:36:44 Turn left.
19:36:50 As you can see here these are the single-family homes.
19:37:04 What we have trade to do is push the building closer
19:37:06 to Henderson Boulevard.
19:37:09 To reduce the impacts to single-family.
19:37:12 Here we have this in perspective.
19:37:15 What you are seeing here, this is where the
19:37:18 single-family families would be.
19:37:19 Building is clearly, the mass of buildings is clearly
19:37:22 farther away from anything allowable under the R-1
19:37:25 zoning.
19:37:25 And it's located along Henderson Boulevard.
19:37:32 The site is designed for perhaps more efficient,
19:37:41 I want to show you the surrounding area to demonstrate
19:37:45 the Henderson Boulevard corridor.
19:38:00 We have the photographs.

19:38:01 Do you want to go ahead?
19:38:05 I'll show them where they are at.
19:38:07 >> Put your name on the record first.
19:38:10 >>> Dick LaRossa, Hamilton Engineering Survey, 311
19:38:13 North Newport. I have been sworn.
19:38:15 What we did, we went down Henderson Boulevard.
19:38:18 And took photos of some of the adjacent
19:38:21 commercial-type buildings.
19:38:22 I believe the photos that Chris put on there -- we'll
19:38:27 start from north near Kennedy to the south.
19:38:30 This is the photo of the tobacco shop currently
19:38:34 existing.
19:38:38 This is directly across the street to the two-story
19:38:49 structure, office building.
19:38:51 This is of course the subject site.
19:38:55 Now this you can see would be very similar.
19:38:59 However, in this particular photo, you can see
19:39:01 underneath the structure.
19:39:02 You can't see the parking.
19:39:03 First of all Chris will elaborate a little further but
19:39:07 we are providing a screen on the parking area so there
19:39:11 will not be visual impact.

19:39:12 That particular structure was 3242 which is just south
19:39:15 across from our parcel.
19:39:17 This again is another office structure there, to be
19:39:24 about three stories.
19:39:25 Back here is on the corner, I believe, of Henderson
19:39:28 and Azeele.
19:39:31 This again is actually across on the other side of
19:39:35 Henderson.
19:39:35 That is a structure again that is close up to the
19:39:38 road.
19:39:39 And this is another office building down here, I
19:39:42 believe this is on 3314 Henderson.
19:39:47 It's on Azeele.
19:39:48 The same side as our proposed development.
19:39:56 You can see throughout Henderson Boulevard there are
19:39:58 three-story structures with parking.
19:40:01 Again as Chris elaborated on, we are trying to get the
19:40:05 structure away from the residential.
19:40:07 We still have at least 23 feet to the edge of
19:40:11 pavement.
19:40:12 I believe in the hearing before there was a question
19:40:14 of the amount of green space.

19:40:18 A substantial amount from our building to the roadway.
19:40:22 >> To sender -- Henderson?
19:40:25 >>> Correct.
19:40:27 >>> On the overhead you can see an illustration, over
19:40:38 the site as well.
19:40:42 Clearly our plan is compatible with the scale of the
19:40:46 project along Henderson Boulevard.
19:40:47 Our design is to place it as close to Henderson as
19:40:52 possible.
19:40:52 It also facilitates pedestrian and bicycle access to
19:40:55 the building.
19:40:58 I'll touch on a few that are most beneficial.
19:41:07 Number one, promoting access to the site alternative
19:41:10 means of transportation including bicycle racks,
19:41:14 facilities, parking stalls dedicated to car pooling,
19:41:17 also observe the LEED credit for zero bike path,
19:41:23 parking lot that spills over to adjacent lots,
19:41:27 utilizing green roof surfaces and turf block, to
19:41:32 reduce heat loads, reducing water use for irrigation,
19:41:36 plumbing fixtures, reducing power use to building
19:41:39 efficiencies.
19:41:41 As wonderful as all this is we realize working with

19:41:43 the surrounding property owners to address their
19:41:46 concerns.
19:41:46 We feel we have done this to the best of our ability
19:41:48 and the question we try to incorporate a barrier
19:41:52 between the properties.
19:41:53 The design that you have before you was a result
19:41:57 working with the immediate neighbors, the immediate
19:42:00 abutting property owners. That included the concrete
19:42:02 wall, landscaping as suggested by, and actually have
19:42:11 given us a list of items that we are going to include
19:42:13 as part of the PD that further details how that wall
19:42:17 is to be built, to be maintained and type of
19:42:19 landscaping they want to put in there.
19:42:21 And we are more than happy to work with them to
19:42:25 facilitate that.
19:42:29 All the immediate neighbors to address their concerns,
19:42:33 located immediately behind the project on Matanzas has
19:42:36 been diligent in expressing concerns and working with
19:42:38 us to organize solutions.
19:42:40 We thank her for her efforts.
19:42:42 They have conducted several fruitful meetings and
19:42:45 believe we have conducted the concerns.

19:42:51 There are several people in the neighborhood to the
19:42:52 south that expressed concern about the edges as well
19:42:57 as traffic through the neighborhoods.
19:42:59 These are valid and pertinent issues.
19:43:05 We have attempted to alleviate it by producing a
19:43:07 design that serves as a precedent in the area and also
19:43:11 limits traffic.
19:43:18 In efforts to work with the city to implement traffic
19:43:20 calming measures in the neighborhood, perhaps develop
19:43:22 the neighborhood plan.
19:43:25 I would like to now ask Mr. La Rossa to discuss some
19:43:32 of the design aspects in order for staff to produce
19:43:33 this final design.
19:43:36 >>> Dick La Rossa, Hamilton Engineering.
19:43:39 I am going to put up the site plan that we have
19:43:43 developed.
19:43:43 Again this has been going on for quite some time.
19:43:46 Originally, the site was -- currently, I should say,
19:43:51 the site is accessed with a driveway here where
19:43:54 traffic coming in cuts across the Bradford
19:43:57 intersection and into the property, into the parking
19:44:01 area.

19:44:02 Traffic right now can come out, make a left turn onto
19:44:05 Bradford, in the current condition.
19:44:07 What we propose to do, this exit that we show here is
19:44:11 only for solid waste, and communicated as such on the
19:44:14 plan, that will be controlled by a gate that the city
19:44:17 will maintain.
19:44:18 That will not be used -- patients will enter in from
19:44:24 Henderson which is a State Road, come in from
19:44:26 Henderson, circle around and exit back onto Henderson.
19:44:30 So we think we have done a good part by alleviating
19:44:33 the traffic onto the local road, Bradford.
19:44:37 We did have to work with solid waste.
19:44:39 Part of the reason for the parking waiver, we met with
19:44:44 solid waste several times.
19:44:46 We try to do everything we can to keep the garbage
19:44:48 trucks from going beneath the building itself.
19:44:51 We would have to raise the structure almost to 16 feet
19:44:56 which would have an adverse impact on the neighbors.
19:44:58 So kind of a catch-22.
19:45:01 What we did was lose some parking here to get the
19:45:03 dumpster in there so that solid waste can access it
19:45:06 and then exit onto Henderson, a right turn only.

19:45:10 There is a large oak tree to the south which we have
19:45:12 lost park space there, the pecan tree.
19:45:15 So again this all leads to a request for the parking
19:45:19 waiver.
19:45:21 We are putting a bike rack here.
19:45:24 There are several bus stops nearby.
19:45:27 We showed the segment today within walking distance.
19:45:29 And the doctor indicated he does have a substantial
19:45:33 number of his clients from the area so we do feel that
19:45:35 the parking waiver will work for the project itself.
19:45:40 Again, well off the edge of pavement on Henderson
19:45:44 Boulevard, doing everything we can to keep the
19:45:46 structure away.
19:45:49 >>> Just to conclude.
19:46:03 I want top reiterate, we have been working on this
19:46:07 project for three months.
19:46:08 Didn't want to bring it before you until we felt
19:46:10 confident we had addressed everything that we could,
19:46:12 to the best of our abilities.
19:46:16 And facilitate the concerns of many interested parties
19:46:19 as possible.
19:46:20 We do feel we have achieved this design.

19:46:23 You are going to hear from some of the neighbors
19:46:25 tonight.
19:46:27 We have been working with them closely to try to
19:46:29 develop this final product.
19:46:31 I think a lot of the concerns that I've heard on area
19:46:35 wide concerns and it's something that not only is an
19:46:41 issue for this neighborhood but also surrounding
19:46:45 neighborhoods, and would like to suggest, we have
19:46:48 offered to them that we will be in the process of
19:46:50 developing this continuing relationships with the
19:46:52 neighborhood, insisting on working with those issues.
19:47:04 >>GWEN MILLER: Does that conclude your presentation?
19:47:06 >>> Yes.
19:47:06 >> What are you doing on signage?
19:47:09 >>> Signage?
19:47:13 >> Needs in a signage, all his clients know right
19:47:16 where he's at.
19:47:17 >> Well, let me ask another question.
19:47:18 I don't know how large his practice is, and if the
19:47:23 larger building means that he will have more patients
19:47:25 or just will have more room for equipment or
19:47:28 something.

19:47:29 But what I need to be reassured about is that there is
19:47:34 enough parking to accommodate the people that are
19:47:38 coming here.
19:47:39 >>> I guess my first answer would be that he's not
19:47:42 intending to enlarge his practice.
19:47:45 He's currently housed in a structure that's comparable
19:47:48 size for what he's going to be utilizing here.
19:47:54 His space -- it's certainly inadequate to say the
19:47:57 least. There's quite a number of people in a very
19:47:59 small space so it's not by developing this building is
19:48:02 going to be bringing on new doctors, new patients, and
19:48:05 expanding the whole practice.
19:48:06 That's not the case.
19:48:07 >>LINDA SAUL-SENA: How many parking spaces does he
19:48:10 have now and how many are proposed in the plan?
19:48:17 >>> Currently in the front, levy has approximately
19:48:22 eight spaces.
19:48:23 In the back they park on the grass, staff parking
19:48:26 another six or so spaces in the garage below there.
19:48:29 So the parking right now is very deficient.
19:48:32 We are actually increasing the amount of parking.
19:48:35 >> From what to what?

19:48:37 >> From I would say probably -- now there is the
19:48:40 ability for some parallels.
19:48:43 Right now he has approximately, I'd say, 18 legal
19:48:47 spaces there right now.
19:48:49 We are going from 18 to 35.
19:48:54 >>GWEN MILLER: Other questions by council members?
19:48:57 Is there anyone in the public that wants to speak on
19:48:59 item number 5?
19:49:00 >>MARTIN SHELBY: Again, ladies and gentlemen, if
19:49:11 there's anybody that has not been sworn to please
19:49:14 state that.
19:49:14 Has everybody been sworn in?
19:49:16 No?
19:49:20 If you wish to speak on this item or the following
19:49:23 item, would you please stand and raise your right
19:49:24 hand, if you have not been sworn in?
19:49:29 (Oath administered by Clerk).
19:49:38 >>> John Kables, 204 south Bradford.
19:49:42 And I am going to go ahead and approach this backwards
19:49:44 from my notes.
19:49:45 First of all, all the three story buildings you saw in
19:49:48 the area have minimum annal density protection.

19:49:51 They are either behind apartment complexes, or they
19:49:54 are on separate streets, pie shaped streets with a
19:49:59 road behind them so looking at the front of the
19:50:00 building, you don't realize between that building and
19:50:03 the neighborhoods and the surrounding area there's
19:50:04 another surface street.
19:50:05 So we have density.
19:50:08 >>JOHN DINGFELDER: When you say you are on Bradford,
19:50:11 which side of Henderson?
19:50:12 >>> I'm the second house down from Dr. Kempsen.
19:50:18 >> On the other side of Cleveland?
19:50:20 >>> Second house south of Cleveland.
19:50:22 >>JOHN DINGFELDER: I see an area that looks like a
19:50:28 swimming pool.
19:50:28 >>> That's it.
19:50:29 Does it have green water in it?
19:50:31 >> Yes, green water.
19:50:34 >>> The issue is parking.
19:50:36 I have been in the neighborhood 30 years.
19:50:39 Dr. Kempsen and Dr. Dunn, when it was approved giving
19:50:46 residential appearance on the neighborhood, and even
19:50:48 now, with a single practice, we are very generous

19:50:51 because the patients are still parking on the street,
19:50:54 three or four cars at a time.
19:50:55 The pictures that I saw today, I don't know when that
19:50:58 is
19:51:04 Second of all the attorney or the building directly
19:51:07 north of Dr. Kempsen's office was part of the original
19:51:11 plan, I believe, and the attorney pulled out. This is
19:51:15 what's causing the problem to the whole site plan.
19:51:17 His office was -- and his property is going to be
19:51:20 brought in, and he backed out.
19:51:23 Everything now is being maximized on the existing
19:51:26 land.
19:51:26 And I think that's the issue.
19:51:28 Third of all, option 2, I don't like this.
19:51:31 Option 2, if this doesn't go through option 2 is they
19:51:35 are going to build another building, but move it away
19:51:37 from Henderson.
19:51:38 If you move it away from Henderson you are putting it
19:51:41 on the residents on the back street.
19:51:43 That's not fair.
19:51:43 Why can't you have option 2, leave the buildings still
19:51:46 up on Henderson and give the people on the back

19:51:48 property, on the east side, that extra 25 or 35 feet
19:51:52 so they are not being viewed from the building and the
19:51:56 people on the second and third floors.
19:51:58 It doesn't make sense why the building has to shift to
19:52:00 go from existing building which would be on Henderson
19:52:03 to plan two, and I can see why the people on Matanzas
19:52:07 would support the first option, but they could also
19:52:10 have the second option, which is better for them in
19:52:13 you would move and relocate the site plan.
19:52:17 And the last thing I have to say is, I've owned
19:52:19 property, as I said, Outback steakhouse for 35 years,
19:52:23 I pay taxes.
19:52:25 It's commercial.
19:52:25 It's available.
19:52:27 I'd like to see City Council support -- or people who
19:52:31 own commercial property who have it for sale, we
19:52:34 wouldn't be standing here right now.
19:52:35 It's available.
19:52:36 And every time you go in and pass these kind of
19:52:39 zonings and all these kind of exceptions, you are
19:52:41 hurting me as a taxpayer and property owner, as an
19:52:44 investor.

19:52:47 Is my three minutes up?
19:52:54 >>> My name is Bruce young, 201 south woodland.
19:52:59 I'm a letter bit east of the property a couple of
19:53:03 streets.
19:53:04 A couple of comments I would like to make.
19:53:06 First one, I agree with the first speaker that just
19:53:08 addressed us.
19:53:09 And with regard to some of those three-story office
19:53:13 buildings that you did see, I had the same opinion, I
19:53:15 looked at the same note, that behind those are either
19:53:18 apartments, condos, or streets, that they are not
19:53:22 backing up to single-family homes like we are on
19:53:26 Matanzas.
19:53:29 One thing I would like to talk about in terms of
19:53:31 thinking outside the box.
19:53:32 If you are going from 18 spaces to 35 and your
19:53:37 practice isn't growing, why couldn't you basically go
19:53:39 with a two-story building and eliminate parking
19:53:41 underneath the building?
19:53:44 Something to think about.
19:53:45 Therefore you don't have to go up 35 feet.
19:53:48 Maybe go 25 feet.

19:53:50 I don't live behind that property, but I wouldn't want
19:53:55 a 35-foot building behind me regardless what the
19:53:58 buffer is.
19:53:58 Especially when it happens to be on the west side of
19:54:02 your property, and, you know, coming home from work
19:54:06 being able to relax.
19:54:08 The second thing when you look at the surrounding
19:54:10 area, we do have a lot of commercial property, and
19:54:14 when I talk about surrounding area I'm talking about
19:54:16 southern pines which is our neighborhood.
19:54:18 And there's about three streets.
19:54:20 And it's basically a triangle.
19:54:23 I looked at the lot of the PD zoned properties which
19:54:25 are all basically at this point except for I think two
19:54:28 or three, one being that that other medical center
19:54:31 that was shown, they are all single story as opposed
19:54:38 to two story or three story and my fear is if this
19:54:41 property is approved, which it sounds like it might
19:54:44 not be a choice, it's just a matter of how friendly
19:54:50 they are going to be to the neighborhood, I wonder
19:54:52 what's going to happen to the other parcel especially
19:54:54 when you go look at MacDill and the people on

19:54:57 woodland.
19:54:58 Now you are looking if you put 35, put high buildings
19:55:02 in their back yards as well.
19:55:04 And to a certain extent if you look at what the
19:55:07 consultant was saying earlier, when you talk about
19:55:10 plan A, plan B, plan C, almost feel like we are being
19:55:14 held hostage.
19:55:16 We are doing a favor, we are giving you a little bit
19:55:17 more buffer with regard to a wall and plant and moving
19:55:21 the building back but it still a 3-story building.
19:55:26 So I feel like we don't necessarily have a choice.
19:55:29 It just a matter of, you know, what choice do we make,
19:55:33 whether they are going to go out of their way and be
19:55:35 more friendly or whether they ram it down our throats
19:55:37 and move it closer to the fence line.
19:55:42 And one thing I want to talk about with regard to
19:55:46 traffic -- and I know they have addressed the exiting
19:55:51 traffic which would be go out on Henderson and make a
19:55:54 right hand turn, go to Kennedy.
19:55:55 Problem we see, an it's on a day-to-day basis, you get
19:56:00 a number of people that are heading down Cleveland
19:56:02 going to Henderson to MacDill and MacDill to

19:56:05 Henderson and you also have people cutting through
19:56:07 from Azeele down Matanzas or down Woodland to avoid
19:56:12 getting on MacDill or Henderson so they can go
19:56:15 between Kennedy and Azeele.
19:56:17 So in my opinion I would look at traffic -- we have a
19:56:22 problem with people trying to get into the doctor's
19:56:24 office, taking Cleveland, making a right hand turn on
19:56:28 Henderson and therefore you get through there.
19:56:31 >>GWEN MILLER: Time is up, sir.
19:56:32 >>THOMAS SCOTT: Thank you very much.
19:56:36 >>> Thank you very much.
19:56:38 >>> Kristi King.
19:56:39 I am the owner of the house directly behind Dr.
19:56:41 Kempsen's office.
19:56:43 And initially, I sent everyone e-mails and I was very
19:56:47 much opposed to the development.
19:56:48 Once I realized that they can build 35 feet behind me,
19:56:52 three stories, and 20 feet from my fence line, we had
19:56:56 quite a few meetings with the architect, and we are
19:56:59 now in support of this.
19:57:03 They have agreed -- we are in support based on certain
19:57:07 stipulations, that we want to make sure are

19:57:09 incorporated into the plan and cannot be changed.
19:57:11 They have agreed to install the wall but they have
19:57:15 also agreed to 20-foot high palms six feet apart which
19:57:20 will give a nice buffer along both the east side and
19:57:23 the south side, which is --
19:57:31 If they do that and all the other items here, and I
19:57:34 have copies for you, they e-mailed us back that they
19:57:37 agreed to meet all of our terms. If they do this, we
19:57:41 will the building being submitted to you.
19:57:43 I just want to be very clear, though, if these
19:57:46 conditions or these stipulations cannot be mandated,
19:57:48 then we are not in favor of the building.
19:57:50 So what I would like to if I may is provide you with a
19:57:52 copy of the stipulations that they have agreed to.
19:57:55 >>GWEN MILLER: Give to the Mr. Shelby.
19:57:59 >>> And I'm speaking on behalf of four of the
19:58:02 neighbors.
19:58:04 Dora Iglesias, who is at 109 -- 113 south Matanzas,
19:58:11 myself at 111 south Matanzas, and Caroline Franka who
19:58:15 is 109 south Matanzas, and also I have a letter here
19:58:21 from both Dora and Ophelia.
19:58:24 Ophelia has the house directly to the south of the

19:58:27 property and she also again, if all of these
19:58:29 stipulations are made, we are supporting the project.
19:58:33 Again, we don't want a 35-foot building in the
19:58:36 backyard.
19:58:37 Honestly, if we had a choice, we would not want that
19:58:39 but we realize that per the current zoning they are
19:58:42 allowed to build that, and we do feel that they have
19:58:44 cooperated, and if we have to have a 35-foot building
19:58:48 there, we're happy it's LEED certified, and we'll be
19:58:53 pleased if they meet these certain conditions.
19:58:56 >>GWEN MILLER: Mr. Dingfelder.
19:58:59 >>JOHN DINGFELDER: Mrs. King, sounds like we are on
19:59:01 the same page in regard to additional landscaping to
19:59:04 buffer your view.
19:59:05 >>> Absolutely.
19:59:06 >>JOHN DINGFELDER: But from my perspective, if I lived
19:59:11 where you live, I would rather have large trees, like
19:59:13 large oaks that would eventually grow to create a site
19:59:20 buffer.
19:59:21 When you are talking about skinny little palms, you
19:59:27 will have a nice sort of Florida look, but it doesn't
19:59:32 seem like that would actually buffer your site.

19:59:34 Your sight line in terms of looking out the back door
19:59:39 at the 35-foot building.
19:59:40 So I think there's still flexibility in terms of what
19:59:43 we can put on that back wall.
19:59:46 And I'm just wondering if you have any thoughts on
19:59:48 that.
19:59:48 But I want to put as much and the best buffer we can
19:59:52 back there to protect, you know, especially those four
19:59:56 houses.
19:59:56 >>> Absolutely.
19:59:57 And I appreciate that and I like that you brought that
20:00:00 up unusually.
20:00:01 The reason I chose -- selected the Aretha palms, once
20:00:05 I found this was happening I had them installed in my
20:00:08 backyard and the ones that I installed were 15 feet in
20:00:10 height and the Aretha palm stands out and gets very
20:00:13 thick. If they install them at 20 feet it will grow
20:00:16 another 5 feet.
20:00:17 So it will give a pretty full coverage.
20:00:19 Not like an oak, once its mature but it's going to
20:00:22 take quite awhile for those oaks to get to that point
20:00:25 and this would basically allow immediate coverage for

20:00:27 us from the get-go.
20:00:29 And part of these requirements that we have requested,
20:00:32 stipulations is that they do agree to maintain the
20:00:34 palms, they replace them if they die, because
20:00:37 obviously that could happen.
20:00:38 But it does offer a very nice, view point, even what I
20:00:44 installed so far.
20:00:45 >> In regard to going to 8-foot, that was your
20:00:48 request, 8-foot instead of 6?
20:00:51 >>> What we really want, you will see in here, is
20:00:54 6-foot wall with a cap on the top.
20:00:57 Because part of it was Carolyn -- someone advised her
20:01:02 she was boxed in and if it was 8 feet tall it would
20:01:05 seem institutional so they offered the do the
20:01:08 decorative tops of two feet which will still block it
20:01:13 but won't look so institutional.
20:01:14 >> All right.
20:01:15 Thank you.
20:01:19 >>THOMAS SCOTT: Let me ask council if you will hold
20:01:21 your questions till after we have heard from the
20:01:23 public and then raise whatever questions you have.
20:01:25 >> My question was specific to that woman so she

20:01:29 doesn't have to come back and forth.
20:01:31 >>THOMAS SCOTT: Okay, but it slows the process down.
20:01:32 >>> My name is Tom Nalsen, 209 south Bradford Avenue,
20:01:37 and my home is one of the first homes built in that
20:01:40 neighborhood in 1928.
20:01:42 I actually have records back to 1867.
20:01:46 It shows the property up there, and how it's pretty
20:01:50 much overgrown.
20:01:51 I now pay the second highest taxes in that
20:01:53 neighborhood on a single-family home.
20:01:58 The streets are very narrow, and right now it's very
20:02:01 hard to handle the parking.
20:02:02 I have actually had to put up a 5-minute parking sign
20:02:05 for two reasons.
20:02:06 One, because a three-story office building right
20:02:11 behind my house that is adjacent to Cleveland.
20:02:15 The doctors' office down at the behind of Henderson on
20:02:17 the property they are building, if there's a big event
20:02:20 there and there's a lot of patients there, they are
20:02:22 parking on Bradford which is already too narrow.
20:02:24 I have to put up five-minute parking signs because of
20:02:27 the traffic.

20:02:29 We already have one three-story building behind my
20:02:32 home and a dozen townhomes.
20:02:35 That area is very high density in commercial buildings
20:02:38 and really just can't take anymore.
20:02:39 It comes down to the quality of life.
20:02:42 By building this building, it was definitely greatly
20:02:45 hinder the quality of life in that particular
20:02:47 neighborhood.
20:02:48 There's plenty of retail, as John stated, retail sites
20:02:51 or commercial sites, within a one-mile area that they
20:02:54 could possibly build on that, not to mention a few
20:02:58 buildings on the market that already exist.
20:03:00 And the last thing I do want to state is the fact that
20:03:04 there's approximately 35 kids in that neighborhood.
20:03:07 This is definitely going to increase the traffic,
20:03:10 which to me concerns the safety of the children as
20:03:12 well.
20:03:13 So that's all I have to say.
20:03:16 >>THOMAS SCOTT: Thank you, sir.
20:03:17 Next speaker.
20:03:21 >>> Brian Rice, 212 south Bradford Avenue.
20:03:25 I have a couple issues I would like to bring up with

20:03:27 you.
20:03:28 Basically we need to slow down the commercial use of
20:03:31 the property.
20:03:31 You are trying to change the zoning.
20:03:33 I know in front of City Council, a lot of our
20:03:36 neighborhoods spoke to you before about someone trying
20:03:38 to change an RS 6 0 to an RO 1 and there's too much
20:03:43 property.
20:03:43 It does not need to be coming into our residential
20:03:46 neighborhood.
20:03:47 The second issue is basically the traffic.
20:03:50 It's amazing how they have option 1 and option 2.
20:03:54 The ability to pull out like for the trash, to pull
20:04:02 onto Bradford Avenue.
20:04:03 That is a very busy, confusing intersection to begin
20:04:07 with.
20:04:08 And before they had called it waiver 6.
20:04:12 Now I guess they put it up a different way on the site
20:04:15 plan.
20:04:16 Also something else.
20:04:17 On the site plan, if you have one in front of you, you
20:04:19 see -- option 1.

20:04:30 You see at the bottom it actually goes to Bradford
20:04:33 Avenue, and all the additional parking, so the trash
20:04:38 can be picked up.
20:04:39 What about over here on the corner?
20:04:42 Why can't you put it right there where the truck can
20:04:44 come in and come out?
20:04:46 Look at all the additional space that you can have for
20:04:48 additional parking.
20:04:49 And then also the whole issue with parking is crazy.
20:04:52 If you look at it, they are supposed to have 43 units.
20:04:56 And they are bringing it down to 35.
20:04:58 Also, I think it's a waiver -- they are actually
20:05:03 shrinking the size of the lot from 26 to 24.
20:05:09 If you have any kind of decent size vehicle, you know,
20:05:11 where are they going to park?
20:05:13 I know where they are going to park.
20:05:15 They are going to park on Bradford Avenue.
20:05:17 We don't need any more additional cars or traffic on
20:05:19 the street.
20:05:20 For example, I know that the urban planner, LaChone
20:05:26 dock, he's an urban planner two, I he mailed him.
20:05:33 I also e-mailed Melanie Calloway in the transportation

20:05:36 department.
20:05:37 We are getting a lot of additional traffic and we
20:05:39 don't need it.
20:05:40 If you actually measure the width of our street it's
20:05:42 20 feet.
20:05:43 You check the actual distance of other streets like
20:05:46 Matanzas, it's 24 feet.
20:05:48 You seriously cannot park two cars across the street
20:05:52 and get and drive down.
20:05:54 You can't do it.
20:05:55 How are we supposed to get additional emergency
20:05:57 vehicles to come down our street when we have
20:05:59 additional parking?
20:06:01 I know that I'm another person with a 5-minute sign in
20:06:04 my front yard.
20:06:05 It's a shame that I have to do that just so that
20:06:08 people can navigate our street.
20:06:10 It's a little congested.
20:06:13 Option one to me personally is reprehensible.
20:06:18 I don't like it.
20:06:19 It's amazing how they came up with option 2.
20:06:21 I have never seen it before I showed up tonight so I

20:06:24 don't know who they are talking to.
20:06:29 Thank you very much for your time.
20:06:29 >>JOHN DINGFELDER: Can I ask a question about where he
20:06:32 lives?
20:06:32 That's all.
20:06:33 >>THOMAS SCOTT: Okay.
20:06:33 >>> Where I live?
20:06:35 >> How far south of Cleveland are you?
20:06:37 >>> I'm one, two, three, four-oh sixth house.
20:06:42 Should be lot 14, I believe.
20:06:44 >>JOHN DINGFELDER: Thank you, sir.
20:06:45 >>> If I may interrupt for just a moment.
20:06:49 The petitioner presented some options.
20:06:51 Way wanted to get clarified is the option before you
20:06:54 tonight is the site plan.
20:06:55 I think what the petitioner may have done was provided
20:06:58 some renderings of what could potentially be developed
20:07:01 on this property as an R 1 property.
20:07:05 These are not options that are before council tonight.
20:07:08 Those are option ifs this property were developed
20:07:11 under the current zoning.
20:07:12 Option before you tonight is the site plan that was

20:07:14 provided in your package and was presented here.
20:07:18 Let me just add to that that staff has not reviewed
20:07:21 any of those options that were presented under the RO
20:07:23 1.
20:07:24 To tell that you they do or do not meet code at this
20:07:26 time.
20:07:26 So I would like to clarify that also.
20:07:28 Anything developed understood an RO 1 does not allow
20:07:31 for waivers unless those waivers are asked for either
20:07:34 administratively, roughly a percentage of 10% or
20:07:38 before Variance Review Board.
20:07:40 So that site would need to meet all code requirements.
20:07:43 >>THOMAS SCOTT: Thank you.
20:07:44 So those people that come to address the site plan
20:07:47 that's before us now.
20:07:48 Okay.
20:07:52 >>> My name is Sherry Nalsen, and I reside --
20:07:57 >> Can you speak louder please?
20:07:58 >>> 210 south Bradford just south of Dr. Kempsen's
20:08:01 office.
20:08:02 And I guess -- what I'm confused about is if Dr.
20:08:07 Kempsen is increasing his practice, how does he

20:08:12 increase his practice without increasing the number of
20:08:14 patients that come to him?
20:08:17 Now, those patients and lack of parking is what's at
20:08:20 issue on Bradford, because we do have a more narrow
20:08:24 street.
20:08:25 And when cars park side by side it's impossible for
20:08:28 traffic to get through that street.
20:08:32 And as it is, his parking does overflow onto Bradford,
20:08:37 causing for a very awkward entrance onto Bradford from
20:08:43 Henderson Boulevard.
20:08:44 And again as a bomb concerns me because I'm one with
20:08:47 at least four children and grandchildren on that
20:08:49 street.
20:08:49 So thank you very much.
20:08:51 >>THOMAS SCOTT: Thank you very much.
20:08:53 >>> Good evening.
20:08:57 I also live at 210 south Bradford.
20:09:02 As the gentle gentleman say, the traffic will
20:09:10 increase, huge building going to put there, it can be
20:09:15 so, if you try to -- it will take you months to get
20:09:21 it.
20:09:22 He operated on two of my kids and I know it takes

20:09:25 awhile.
20:09:26 So when he's going to put that humongous building
20:09:29 there it's going to increase the number of patients
20:09:31 going in and out of that building.
20:09:36 On that tract on Bradford, and we talk about Bradford.
20:09:41 Bradford to get to that place, the easiest way to come
20:09:46 from South Tampa is take MacDill, go up to
20:09:50 Bradford, and you are in the building.
20:09:53 And who is going to control that waste, you know, that
20:09:59 city-hauling trash.
20:10:00 The trash man don't have an opener for, you know, in
20:10:07 an and out.
20:10:08 What they are going to do, they will use that -- they
20:10:12 do right now.
20:10:13 I mean, they cut through our street, and no respect to
20:10:16 speed.
20:10:25 We need to slow down growth.
20:10:26 That's a monstrosity.
20:10:27 He's going to triple the size and say he's not going
20:10:32 to increase his practice.
20:10:36 We need to slow down.
20:10:38 And I would like you guys to drive around, on Bradford

20:10:45 and see for yourself.
20:10:47 Because this here made it too easy.
20:10:52 I mean, nothing is going to happen town the street on
20:10:56 the traffic side.
20:10:57 And we also have five minutes, you know, time limit on
20:11:02 the parking on our street.
20:11:04 And it pretty obvious.
20:11:06 Thank you.
20:11:06 >>JOHN DINGFELDER: Mr. Chairman?
20:11:08 >> Yes.
20:11:09 >>JOHN DINGFELDER: Sir?
20:11:10 I'm just trying to get a picture.
20:11:12 Are you north of Cleveland or south of Cleveland?
20:11:15 >>> No.
20:11:15 If you see --
20:11:20 >> I have got the map.
20:11:20 >>> You see you come south, I'm the third house.
20:11:26 Fourth house.
20:11:27 >> Is the person who lives immediately adjacent to the
20:11:30 doctor, has that person spoken?
20:11:36 >>> No.
20:11:37 FROM THE FLOOR: (off microphone).

20:11:42 >> Thank you.
20:11:43 Next speaker.
20:11:44 >> Good evening, distinguished council members.
20:11:47 My name is William J. Damiter. I'm a 35-year resident
20:11:48 of 213 south Bradford Avenue.
20:11:54 I was given 18 hours to prepare for this meeting.
20:11:57 I would like to have the opportunity to have a
20:11:59 continuance so that I may do a survey, or put together
20:12:03 something to see if the residents of south Himes and
20:12:09 of Gray Gables are for this change, or for this change
20:12:17 in the zoning, period.
20:12:21 Traffic is a big usual you.
20:12:22 We have worked hard for years, even Edwards pipe and
20:12:26 tobacco shop looks like a residence.
20:12:29 We keep residential-commercial in our neighborhood.
20:12:32 We don't want large buildings.
20:12:33 We don't want extra traffic.
20:12:35 I would like to have a continuance.
20:12:37 And I can pretty much a sure you that I will show up
20:12:42 with a petition of 200 names of people that are not in
20:12:45 favor of this.
20:12:49 >>CHARLIE MIRANDA: Thank you.

20:12:49 May I address the gentleman?
20:12:51 I think under the rules -- and I'm not a lawyer -- but
20:12:54 I believe in the case of law the only one that can ask
20:12:57 for a continuance is the petitioner.
20:12:59 >>THOMAS SCOTT: That's right.
20:12:59 >>CHARLIE MIRANDA: Or council.
20:13:03 >>> I feel like I have been hoodwinked on this, and
20:13:12 it's just brought on me on a moment's notice.
20:13:14 >>CHARLIE MIRANDA: Thank you very much.
20:13:19 >>> Thank you, sir.
20:13:24 >>AL STEENSON: 4100 west Lela Avenue and I have been
20:13:28 sworn.
20:13:30 I am here this evening to express my total support for
20:13:32 this particular project.
20:13:34 And some of you may be wondering why.
20:13:39 Generally we -- south of Gandy.
20:13:44 I'm here to support Dr. Kempsen because he's my doctor
20:13:47 and I make many, many visits there.
20:13:49 And I can tell you that the present facility, he has
20:13:54 totally outgrown that facility.
20:13:57 I don't have a parking issue.
20:13:59 You know why?

20:14:00 I park across the street at Edwards.
20:14:03 I have been a customer across the street there for 30
20:14:05 years.
20:14:06 So I go over there, park, walk across the street.
20:14:09 But parking is a real challenge on the present site.
20:14:12 So for that reason, Dr. Kempsen's property has expanded
20:14:19 tremendously due to his expertise as a physician and as
20:14:21 a surgeon, and he is totally outgrown the space that he
20:14:26 currently has on Henderson, and I strongly urge council
20:14:30 to support this petition.
20:14:31 Thank you very much.
20:14:33 >>JOHN DINGFELDER: Thank you, Al.
20:14:36 >>> Rick Rhodes.
20:14:38 My partner and I own the property at 110 south
20:14:42 Matanzas, which is -- we had the buffer on Matanzas but
20:14:46 also looked directly at, I believe, 109 which is right
20:14:49 behind the property in question.
20:14:51 Two points.
20:14:51 One is strictly aesthetics.
20:14:53 If I stand on the front porch of that property and look
20:14:56 up into the sunset it's broken through oak trees, it's
20:14:59 very nice.

20:14:59 I'm not sure it would be that nice, broken to 35 feet
20:15:02 of concrete wall.
20:15:03 The second issue is about four years ago my partner and
20:15:06 I purchased that property as an investment.
20:15:08 Spent two and a half years doing a complete, total
20:15:11 remodel renovation, all the blood, sweat and tear that
20:15:15 is goes into. That now once it was on the market we
20:15:17 were told by our realtor that the commercial property,
20:15:20 which is on the corner of Henderson/matanzas, Kennedy,
20:15:28 at that point, that commercial property is a negative
20:15:30 as far as the property values of the residents where I
20:15:33 am dealing right now.
20:15:35 If another commercial property is added to that area,
20:15:39 that close, that proximity, that probably is going to
20:15:44 downgrade the value of my property again.
20:15:45 And I'm already eating about 100 grand, so that is a
20:15:51 concern of mine.
20:15:53 Those are my complaints.
20:15:55 Thank you.
20:15:55 >>THOMAS SCOTT: Thank you.
20:15:59 >> My name is Teresa Thomas and I own the property at
20:16:02 114 south Matanzas, and to Linda's point earlier about

20:16:06 asking what the neighborhood looks like, southern pines
20:16:09 and Gray Gables are both a little unusual in that they
20:16:12 haven't had the McMansion effect, most of the homes
20:16:16 are the original homes.
20:16:17 There's a few built in there but the vast majority are
20:16:20 original 1-story homes or two-story homes, very charm,
20:16:24 an unusual neighborhood for South Tampa.
20:16:26 And we would really like to see that preserved.
20:16:30 Just like the last gentleman.
20:16:32 My front porch if I looked out, I would be looking into
20:16:35 the back of that building.
20:16:37 And I fully respect my neighbors, the folks that are
20:16:41 abutting the property.
20:16:42 They are supporting it because they feel railroaded
20:16:48 that they have no option.
20:16:49 Under the current zoning, they can build this 35-foot
20:16:52 building right back up against the property.
20:16:54 So they are doing their best to work out a workable
20:16:57 solution.
20:16:58 I guess my primary questions would be, if he's not
20:17:01 expanding his practice, why does he need -- once again
20:17:05 I don't really understand why I did not receive the

20:17:07 plans.
20:17:08 I received the original ones that included the lawyers
20:17:11 property.
20:17:12 But then when they revised them, I never received a
20:17:14 copy of those.
20:17:18 I thought it was simply a rezoning.
20:17:20 I didn't know they had the site plan so that is a
20:17:22 little upsetting that I didn't receive that.
20:17:26 If he's not expanding his practice, why does he need I
20:17:29 think about a 9 that you square foot, three-story
20:17:32 building to support that practice, and how is it?
20:17:36 Is he really using all that space for his office?
20:17:38 Or his medical practice?
20:17:43 Are there other uses and what are those?
20:17:45 The traffic is certainly a concern.
20:17:48 My house abuts Cleveland as well.
20:17:50 And I can tell you that right now, very disturbing
20:17:54 traffic.
20:17:55 My husband told me all the time I better stop yelling
20:17:58 at people because one of these days I am going to get
20:18:00 shot because they do drive excessive speeds.
20:18:03 As it is, I try to have to have the city come out and

20:18:07 do something about it.
20:18:08 They weren't willing to put stop signs in, and -- they
20:18:12 couldn't do anything, but it is a concern because it's
20:18:14 going to drive more traffic through the neighborhood.
20:18:16 Thank you for your consideration.
20:18:19 >>THOMAS SCOTT: Thank you.
20:18:21 >> I'm Melinda Blauer, 111 south Matanzas, I live right
20:18:27 behind Dr. Kempsen's office right now.
20:18:32 I think a little confusion we have, with our support of
20:18:34 it, is we were told whether they get this okay or they
20:18:39 don't get the okay, we are going to have a 35-foot
20:18:43 building with at least, with the project, they don't
20:18:48 really have to get approved, with the RO-1 zoning, with
20:18:51 25 parking spots.
20:18:53 Do we want either one?
20:18:55 No, we don't want either one.
20:18:57 We would like him to keep that little house there, sell
20:18:59 it and that would be great.
20:19:00 How far, we were told, with the zoning it is right now,
20:19:04 this is what they can put there.
20:19:06 And I do agree with everyone with the traffic.
20:19:09 However, we are looking at something that's going to

20:19:13 be, can we get it 60 feet from our property line?
20:19:18 Or is it going to be 20 feet?
20:19:21 Of course, anyone would go with the 50 feet.
20:19:24 Now, my confusion is, and I don't think there is, but
20:19:30 there is no way that you could say, it has to stay this
20:19:34 size, you can't go 35 feet.
20:19:37 Am I correct in that?
20:19:38 Okay, and in that, they will be able to put 25 parking
20:19:42 spaces there. We cannot stop that.
20:19:43 No matter what, we would all like.
20:19:46 Even the people that are agreeing with it, we would
20:19:48 like to stop that however we can.
20:19:50 And that's one of the reasons why every property on
20:19:54 Matanzas that is up against it, and the properties up
20:20:00 against it are saying that when would like this to be
20:20:03 approved, because we have worked to try to get it best
20:20:07 for our neighborhood that we want to keep as a
20:20:09 neighborhood.
20:20:10 Thank you.
20:20:12 >>THOMAS SCOTT: Ms. Saul-Sena.
20:20:13 >>LINDA SAUL-SENA: Staff, would you mind clarifying
20:20:16 that?

20:20:16 Because I think we are all confused.
20:20:22 >>JOHN DINGFELDER: What can be built with the existing
20:20:24 building?
20:20:26 >>LINDA SAUL-SENA: What can you build with the existing
20:20:28 zoning?
20:20:29 >>> I know the RO 1, first you would have a front set
20:20:32 back of 25 feet, a rear set back of 20 feet and rear
20:20:36 setback would be 7 feet.
20:20:38 Now, a medical office, you have a ratio of 6 per 1,000
20:20:42 for parking spaces.
20:20:43 So with no waivers, no nothing, you get a 4,000 square
20:20:47 foot building, which may or may not be two stories, may
20:20:50 or may not be three stories.
20:20:52 You can get up to 35 feet in height.
20:20:54 But with no parking waiver, you could get 4,000 square
20:20:58 feet.
20:20:59 What they are proposing before you tonight is 4,000
20:21:04 square feet would equate to 24 parking spaces at a
20:21:07 ratio of 6 per 1,000.
20:21:09 What they are proposing to you tonight is 5,412 square
20:21:12 feet of medical office, 3,333 square feet of general
20:21:16 office, so you are roughly in 8,700 square feet at 34

20:21:22 spaces.
20:21:23 Now, the medical office they are proposing of 5,412
20:21:27 feet -- 5,412 square feet requires 34 spaces in and of
20:21:33 itself.
20:21:33 They are providing 35.
20:21:36 So that leaves 3,333 square feet of general office as
20:21:43 the nine-space waiver, basically.
20:21:45 >>LINDA SAUL-SENA: Okay, question.
20:21:47 Council is in a way required to grant waivers, correct?
20:21:51 >>> No, they are not.
20:21:53 There is a set of criteria for the application of
20:21:55 waivers under chapter 27, which I can get for you and
20:22:00 go over, that talks about how the burden is on the
20:22:03 petitioner to prove that those waivers are necessary,
20:22:05 and then for council to grant those waivers.
20:22:07 >>MARTIN SHELBY: Council, if you like, 27-324, if you
20:22:13 like, I can provide you with that criteria.
20:22:18 >>THOMAS SCOTT: We will come back to that.
20:22:22 We'll see if there's more speakers and then come back
20:22:25 and address those concerns.
20:22:26 Just a moment.
20:22:29 >> I haven't been sworn either.

20:22:31 >>THOMAS SCOTT: You haven't been sworn?
20:22:33 Okay, anyone else has not been sworn?
20:22:38 (Oath administered by Clerk).
20:22:42 >>> Cathy Diercks.
20:22:45 I live at 114 south Woodland Avenue, actually on the
20:22:48 corner of woodland and Cleveland, and on the northeast
20:22:53 corner of that intersection.
20:22:56 >> Woodland is one over from Matanzas?
20:23:01 >>> Yes.
20:23:02 I have two concerns.
20:23:03 One being general encroachment of bigger businesses on
20:23:07 our tiny also neighborhood.
20:23:08 And the other, my biggest concern is traffic.
20:23:11 I'm a mom.
20:23:13 There is a lot of families in this neighborhood.
20:23:15 I have lived there for 14 years.
20:23:17 I have a 70-year-old house.
20:23:19 And it's a wonderful neighborhood.
20:23:22 And I have counted on our three little streets,
20:23:26 neighborhoods, 35 kids that I know of that are school
20:23:29 age children and younger, and traffic now flies down
20:23:35 Cleveland, and I too go out this and yell at cars now

20:23:39 and then.
20:23:40 Fortunately on woodland you have a nice big ditch and
20:23:46 stop sign so if anybody goes too quick their car runs
20:23:49 into that.
20:23:50 But Cleveland, there is no dip, there's in a stop sign
20:23:52 between MacDill and Bradford, so they just fly
20:23:56 through there.
20:23:56 They cut through, if there's a backup at the
20:23:58 intersection of MacDill and Kennedy, or any other
20:24:02 area.
20:24:05 Perfect little access to other businesses.
20:24:07 So I'm very concerned about that.
20:24:09 My driveway is on Cleveland.
20:24:12 So just stopping on the driveway sometimes is a
20:24:16 challenge.
20:24:18 Thank you.
20:24:18 >>THOMAS SCOTT: Thank you very much.
20:24:21 Next speaker.
20:24:24 >>> Traci, I live at 206 south Matanzas.
20:24:28 So kind of catter-corner, because just one-story
20:24:32 buildings.
20:24:34 I'm a mother of three, school age, one college age

20:24:37 that's still home.
20:24:39 The parking concerns, now that she's clarified that the
20:24:42 8,000 square feet, I was wondering about that, why
20:24:45 would he need so much room?
20:24:47 And he's saying he's not going to rent out space but
20:24:49 kind of sounds like there's a plan for that in the
20:24:51 future.
20:24:52 I have been in the house seven years.
20:24:56 There were established businesses there that I knew
20:24:59 were there when I bought the home.
20:25:02 So I don't complain about those, out loud, much.
20:25:06 But there is an issue with traffic and parking.
20:25:10 There's Dr. Campbell down on the corner of Matanzas and
20:25:14 Azeele.
20:25:15 She's just in a one-story home that's been turned into
20:25:17 a doctor's office.
20:25:18 We get traffic on the street.
20:25:20 There's no parking but we get them.
20:25:24 There's a mortgage at Kennedy and Henderson, that
20:25:27 really weird intersection there.
20:25:30 People who work there who actually park on Matanzas at
20:25:33 the stop sign.

20:25:35 That intersection is so awkward anyway, and if you try
20:25:38 to go down Matanzas and turn onto Kennedy, park right
20:25:45 there at the street so if you are in the buffering they
20:25:48 are on the rough side of the road.
20:25:50 My point is it's not only the patient, it's employees,
20:25:53 too, that work in the neighborhood, and the employees
20:25:58 are usually in a hurry, they are running out to lunch,
20:26:00 you know, they are in a hurry to get back.
20:26:04 It's not only patients.
20:26:05 I do think patients will be an issue.
20:26:07 I can't imagine who needs that big a building for their
20:26:10 patients.
20:26:11 Just for the record, my three boys are home schooled so
20:26:16 we are home during the day.
20:26:17 And there is an elementary school nearby.
20:26:20 And there's the flashing lights and stuff on
20:26:22 MacDill.
20:26:22 The children aren't all in school during the day.
20:26:27 So mine are out, you know, sometimes 12:00 in the
20:26:32 afternoon, they got up early, they get home from work
20:26:36 they take a lunch break, they are out.
20:26:38 And before you tell a ten-year-old look before you

20:26:41 cross the street, he might not look.
20:26:43 And it scary.
20:26:46 >>THOMAS SCOTT: Thank you very much.
20:26:49 >>> Mathau Laver, 216 south Bradford.
20:26:55 I'm not going to say anything new, but I moved into
20:26:58 this neighborhood wanting some -- now I feel nervous.
20:27:04 >> Take a deep breath.
20:27:12 We don't bite.
20:27:13 >> I'm going to start drying.
20:27:14 I don't have anything to cry about.
20:27:15 I moved there.
20:27:16 I think it's a great neighborhood.
20:27:17 I moved there to raise a family.
20:27:19 We have a two-year-old and weep hope to have my kids.
20:27:22 And what we don't want to happen is if this turns into
20:27:25 an area where we can't walk your dog and can't watch
20:27:30 your kid and play in the street.
20:27:32 When I grew up you could play football and play, you
20:27:34 know, whatever.
20:27:35 We made games up.
20:27:37 And I don't want that to happen.
20:27:38 I want my little girl to be able to go out there and go

20:27:41 across the street and come back and forth and I want to
20:27:43 be able to stop in my car and roll my window down and
20:27:46 talk to my neighbors.
20:27:47 So I thank you for what you guys do and I just hope if
20:27:49 there's anything you can do to make this right for
20:27:51 everybody, to please make it happen.
20:27:54 Thank you.
20:27:57 >>> Michael Urette.
20:28:07 I have been sworn.
20:28:07 I own the property directly across the street from Dr.
20:28:09 Kempsen, on the subject property we are talking about
20:28:14 so I am going to give you a little different
20:28:15 perspective.
20:28:17 You actually have a picture of my building that you
20:28:22 care to find it.
20:28:23 I think the neighbors have expressed everything that is
20:28:27 really pertinent.
20:28:27 >> You own the commercial property on Henderson across
20:28:32 the street?
20:28:33 >>> That's right. Across Henderson on the corner of
20:28:35 Bradford and Henderson.
20:28:37 It's 3239 Henderson.

20:28:41 >>JOHN DINGFELDER: Do you have that?
20:28:48 >>> They got it.
20:28:51 And we just built that property on this building two
20:29:01 and a half years ago.
20:29:02 >> Do you have the tower on top of your roof there,
20:29:06 Mike?
20:29:06 >>>
20:29:11 >>> I don't think it necessary to take more time.
20:29:18 Raising the parking and traffic parts.
20:29:20 I think there's some facts that might be helpful to the
20:29:22 council.
20:29:24 Henderson being the busy street that it is, and
20:29:26 Bradford coming -- plus it's an angled street which
20:29:30 makes it very difficult.
20:29:31 And Bradford comes in at an angle to it.
20:29:35 And between Kennedy, I got to check with the police
20:29:39 department.
20:29:39 Between Kennedy and Azeele, fundamentally, three or
20:29:45 four blocks in there, there have been 70 traffic
20:29:48 accidents in the last two and a half years.
20:29:50 That's right.
20:29:50 I've got them.

20:29:52 It's a very volatile area in terms of traffic.
20:29:56 And I think that's what you are hearing from the
20:29:58 neighbors in terms of their concerns.
20:30:02 Secondly, the petitioner, the architect, mentioned, or
20:30:09 the engineer, one of them mentioned that this was a
20:30:12 comparable size building to what he has, or at least
20:30:16 the practice area would be comparable, and that's not
20:30:18 accurate, I don't believe.
20:30:20 I think it's about twice as big as what he currently
20:30:22 has.
20:30:24 So those are just some points of fact.
20:30:29 I think it's incumbent upon the petitioner to show what
20:30:34 their hardship is, and why they need the waivers.
20:30:38 And I don't think that has happened.
20:30:44 We would all like to have more income.
20:30:48 That's pretty simple.
20:30:49 But if it's strictly an income issue, then I don't
20:30:52 think that's appropriate for waivers that impact the
20:30:58 neighborhood to the extent that this request does.
20:31:03 Two other items of fact that haven't been discussed
20:31:08 because have been is looking at the project from the
20:31:10 back.

20:31:11 I'm looking at it from the front.
20:31:14 And my problem with it is in great extent right-of-way
20:31:21 her on Bradford and Henderson.
20:31:26 This is the sidewalk, the continuation of the sidewalk
20:31:28 across Bradford.
20:31:31 And if you stop, there's a stop sign here.
20:31:34 And if you are stopped, and you are looking up
20:31:37 Henderson to oncoming traffic -- sure.
20:31:46 If you are here, you are looking either at the
20:31:52 dumpster, the dumpster enclosure, or the way the
20:31:56 building is designed, it appears to me from what I saw
20:31:59 in the elevation, the corners are solid.
20:32:02 (Bell sounds).
20:32:03 So it makes it very difficult to make that turn, if
20:32:09 there's oncoming traffic and the number of accidents.
20:32:13 Thank you very much.
20:32:13 >>THOMAS SCOTT: Thank you, sir.
20:32:15 If you will hold your applause, we will appreciate
20:32:22 that.
20:32:22 Thank you.
20:32:28 >> Mr. Chairman, do we know how much traffic is on
20:32:30 Henderson?

20:32:31 What's the count?
20:32:33 >> They can give us that in a minute.
20:32:35 But the petitioner has five minutes for rebuttal.
20:32:37 >>JOHN DINGFELDER: We have staff here if she wants to
20:32:40 come in.
20:32:45 >>MARTIN SHELBY: You might want to have that question
20:32:46 answered, if Mr. Caetano wants to have that question,
20:32:50 because I didn't want to give this man more
20:32:54 opportunity to responding to rebuttal.
20:32:57 It would be appropriate to ask any questions at this
20:32:59 time before rebuttal and then have discussion amongst
20:33:02 yourselves.
20:33:03 >>THOMAS SCOTT: Yes.
20:33:04 And then councilman Dingfelder.
20:33:05 >>CHARLIE MIRANDA: First of all under the RO 1, 4,000,
20:33:10 I think it needs to be put on the record that it takes
20:33:13 6 per 1 that you, is that correct?
20:33:15 Or 24 total parking.
20:33:20 I would be remiss to say that something is going to
20:33:23 happen here, but there's a lot of mixture here that's
20:33:25 going on between the developer, the doctor, and the
20:33:28 neighborhood.

20:33:29 And I want to get to some answers.
20:33:33 The building that is proposed in total is, what, 8,000
20:33:38 some feet in size?
20:33:40 >>> 8,745 square feet.
20:33:46 >>: So that would be something short of 49 spaces if
20:33:48 there was equated to an RO-1?
20:33:52 >>> Yes.
20:33:52 But what the petitioner has done is that he split
20:33:54 those.
20:33:55 So there's two different parking ratios.
20:33:57 General office is a 3.3 per 1,000, medical is 6 space
20:34:03 per thousand, that's where the equation comes out
20:34:09 49 -- I'm sorry.
20:34:12 44 spaces.
20:34:14 44 spaces.
20:34:15 And they are providing 35.
20:34:23 >>CHARLIE MIRANDA: I'll reserve my time for later.
20:34:25 >>THOMAS SCOTT: Councilman Dingfelder.
20:34:31 >>JOHN DINGFELDER: Linda asked earlier how many
20:34:32 parking spaces there are and it's a little wishy-washy
20:34:36 because of the dirt spaces and I understand that.
20:34:37 But I think the more important question is, how many

20:34:40 square feet does the doctor currently have in his
20:34:44 practice?
20:34:51 >>> 24, 2500 square feet currently.
20:34:58 >> Okay.
20:34:59 And 2400, and then your request for 8745 total
20:35:05 includes how much medical and how much general?
20:35:08 >>> Medical is going to 5412.
20:35:15 >>JOHN DINGFELDER: 5412.
20:35:17 And then the balance is thirty --
20:35:20 >> Again these are gross numbers.
20:35:22 >> It's roughly 3300 on the general?
20:35:28 >>> Yes. Precisely.
20:35:29 >> Okay. So for his practice, he's looking to go from
20:35:34 a 2400 to the 5412.
20:35:39 >>> Essentially, but keep in mind that part of 5 that
20:35:43 5400 will include things he does not currently have,
20:35:49 shower facility, locker room, larger waiting area,
20:35:53 corridor, spire stairs, those don't exist in his
20:35:57 practice now so it's not an apples for apples
20:36:00 comparison.
20:36:00 >> Well, let's look at it floor by floor.
20:36:04 I'm assuming a normal building like this is going to

20:36:06 have two equal size square footages on the first floor
20:36:10 versus and the second floor.
20:36:12 >>> Not in our case.
20:36:13 >> Okay.
20:36:16 I don't need a huge amount of it.
20:36:18 But how much -- take the microphone, Chris.
20:36:23 Behind you.
20:36:26 >>> Third floor is actually going to be a green roof
20:36:29 terrace.
20:36:29 So it's only three stories on part of the building and
20:36:32 two stories on the other part of the building.
20:36:34 We have a green roof terrace over --
20:36:38 >> So how many square feet on the second floor and how
20:36:41 many on the third floor?
20:36:42 >>> The second floor is the 5412.
20:36:46 Third floor is the 33.
20:36:48 >> So his office is going to be 5412 on the second
20:36:51 floor, and then he's going to rent out the third
20:36:54 floor, the 3300?
20:36:57 >>> That's correct.
20:36:57 >> Okay.
20:37:03 And I understand, you know, building a new build, you

20:37:07 want the opportunity to have tenants, a tenant or
20:37:10 tenant for the 3300 general.
20:37:13 But I think that's sort of where the rub is here.
20:37:16 Because if you built the same exact building, with the
20:37:21 first floor parking, the second floor of 5412 for his
20:37:26 medical use and you eliminated that top floor, A, you
20:37:29 would eliminate a good part of the mass of the
20:37:31 building and the height of the building, and B, you
20:37:34 would eliminate the additional traffic that this
20:37:38 neighborhood has indicated they are really not too
20:37:40 keen on.
20:37:41 >>> There is certainly options.
20:37:46 We didn't arrive at this point just recently.
20:37:48 We have been working on this close to three months
20:37:50 taking a lot into consideration, a lot of various
20:37:52 interested parties.
20:37:53 Unfortunately as is the case with these things, I
20:37:56 think they become the lightning rod for a lot of
20:37:58 angst, community-wide issues.
20:38:01 Regardless of how much, if we could add ten spaces or
20:38:04 leave ten spaces that is no way going to impact the
20:38:07 issues.

20:38:07 >> But as a matter of right you can build a 4 that you
20:38:11 square feet building.
20:38:11 >>> We can build 4,000.
20:38:16 Where was that number?
20:38:17 >>JOHN DINGFELDER: I thought that's what Abbye told
20:38:20 us.
20:38:21 >>ABBYE FEELEY: The 4,000 came because the lady from
20:38:23 the public who had just spoken said they were going to
20:38:26 provide 25 parking spaces, and I backed out to find
20:38:29 out what size building they were able to have if they
20:38:32 were providing 25 parking spaces and not getting any
20:38:35 parking waivers.
20:38:35 So I backed it out that way to get to a 4,000 square
20:38:39 foot build field goal they are telling them they are
20:38:40 providing 25 spaces.
20:38:46 It's a hypothetical situation.
20:38:47 >>THOMAS SCOTT: Ma'am, you cannot talk from the
20:38:50 audience, okay?
20:38:53 >>JOHN DINGFELDER: Abbye, do you have a sense based
20:38:55 upon the setback of an RO 1 and assuming they would be
20:38:59 parking on the first floor?
20:39:00 >>> I really don't.

20:39:01 I really don't.
20:39:02 Because there's different uses that they were using,
20:39:05 there's different buffering that they were using.
20:39:07 I just wanted to clarify that.
20:39:09 What's on there now per the property appraiser's
20:39:12 office is a 1,970 square foot building.
20:39:16 So I could sit down and look at that.
20:39:18 And they may have some other renderings that they have
20:39:23 using the RO 1 standards.
20:39:25 As I told you staff has not had an opportunity to look
20:39:29 at those.
20:39:30 I was not aware they were going to be providing those
20:39:33 as a point reference for the project they are
20:39:35 presenting to you.
20:39:35 That is something we can go back and look at.
20:39:37 I can take my scale now and sit down and see what you
20:39:40 get.
20:39:40 But parking and building and a lot of different design
20:39:43 opportunities under the RO-1.
20:39:46 >>JOHN DINGFELDER: Thank you.
20:39:48 >>THOMAS SCOTT: Any other?
20:39:52 Okay.

20:39:53 Councilwoman Saul-Sena.
20:39:56 >>LINDA SAUL-SENA: I think what's before us today is
20:39:58 an extremely handsome building.
20:40:00 I mean, it's just a beautiful building and I'm a
20:40:02 sucker for LEED.
20:40:03 So what I'm thinking is that I personally wouldn't be
20:40:13 supportive of parking waivers.
20:40:14 And after doing an up or down vote now, after hearing
20:40:17 the comments of the people in the neighborhood,
20:40:19 perhaps the most productive thing is for the
20:40:21 petitioner to ask for a continuance and come back with
20:40:26 something that meets the needs that they heard
20:40:28 tonight.
20:40:29 >>THOMAS SCOTT: What I would like for him to do is
20:40:31 give his rebuttal.
20:40:33 That's what I was trying to get to.
20:40:34 Let him finish up and then we can discuss all that.
20:40:38 >>MARTIN SHELBY: And Ms. Calloway is here.
20:40:42 >>JOSEPH P. CAETANO: On the traffic count.
20:40:44 >>THOMAS SCOTT: Let him finish and then we will take
20:40:47 the other information.
20:40:48 Okay?

20:40:48 We'll come back to that.
20:40:50 >>MARTIN SHELBY: Mr. Chairman, the concern is if he
20:40:52 raises an issue, that requires rebuttal, you have to
20:40:56 recall --
20:40:58 I thank you.
20:40:59 I appreciate that.
20:41:01 Okay, yes.
20:41:01 Go ahead and give me your closing comments, please.
20:41:06 >>> What we have heard here tonight are issues
20:41:09 concerning parking and traffic.
20:41:13 The impacts to some of the neighbors, some are blocks
20:41:16 away.
20:41:18 Again it's not something that I can really address
20:41:20 here.
20:41:20 But we have gone to great lengths to try to undertake
20:41:24 is to satisfy or at least try to develop a design that
20:41:31 is acceptable to the immediate neighbors of this
20:41:33 property.
20:41:34 Those are the ones that are really going to be
20:41:36 impacted.
20:41:37 People impacted by this project are the immediate
20:41:38 neighbors.

20:41:39 And we have gained their support.
20:41:43 So I don't feel it's necessary for to us go back and
20:41:45 try to satisfy people that are perhaps several blocks
20:41:47 away.
20:41:48 If you haven't been noticed on this it's because you
20:41:50 have not been to the vicinity.
20:41:51 Those are issues we can't satisfy one way or the
20:41:55 other.
20:41:55 So I don't think that's something that is accessible
20:42:00 here.
20:42:00 The additional business is Dr. Kempsen's contracting
20:42:05 for the upper floor so not something he can summarily
20:42:09 waive.
20:42:09 He's not prepared to do that.
20:42:10 I think he would prefer that we have an up or down
20:42:13 vote.
20:42:13 We feel we have gained the support of the immediate
20:42:15 neighbors that are most currently impacted here.
20:42:18 A lot of these off-site issues are off-site issues,
20:42:21 and I don't feel it's something that if we can have
20:42:25 more decent square footage do you honestly think
20:42:28 that's going to change their problems?

20:42:29 It's not.
20:42:30 Those problems will still exist.
20:42:32 We are willing to help with them to approach the city
20:42:34 to do things on traffic calming measures, perhaps
20:42:37 redirect some of the traffic around the community.
20:42:41 I'm involved in separate committees with other
20:42:44 neighborhoods.
20:42:44 But let's try to be logical here.
20:42:49 Again, this project is a LEED certified project.
20:42:52 The idea is to minimize the amount of traffic coming
20:42:55 to the building.
20:43:00 I think you might feigned some people maybe take the
20:43:04 bus here, they would find another way to get to this
20:43:06 facility.
20:43:11 >> Finished?
20:43:18 >>> Yes, sir.
20:43:18 >>THOMAS SCOTT: Thank you.
20:43:20 Transportation, want to come and address councilman
20:43:23 Caetano's question?
20:43:25 Restate your question.
20:43:26 >>JOSEPH P. CAETANO: What is the traffic count on
20:43:28 Henderson?

20:43:29 >>> Melanie Calloway, transportation.
20:43:31 I don't know the exact traffic count on Henderson but
20:43:35 there is available capacity at this point.
20:43:37 So there was available capacity for this project.
20:43:41 It did have an impact, it didn't need a traffic
20:43:45 analysis or anything like that.
20:43:47 >>THOMAS SCOTT: Councilman?
20:43:50 >>CHARLIE MIRANDA: After the facts, I'm just
20:43:51 reviewing.
20:43:52 And it's confusing because you hear first the site,
20:43:56 present site is 2500 square feet and we hear 1970
20:44:00 square feet, then we hear, well, if it's a total of
20:44:04 8745 you subtract 25 out and but if it 1970 that's
20:44:10 6775.
20:44:11 I mean, I think I'm playing with the lotto here.
20:44:14 I don't quite get the text.
20:44:18 Then we are talking about gasoline praises.
20:44:20 This has nothing to do with gasoline praises.
20:44:23 This has to do with the facts that are presented from
20:44:25 here, with the adjoining neighborhood that got notice.
20:44:29 There's some neighborhoods, I guess, that live in
20:44:31 woodland that were not noticed, but they certainly

20:44:35 have the right to appear.
20:44:36 We also had evidence for the project of someone who
20:44:40 lives in South Tampa.
20:44:42 I didn't discard that. I discard all the evidence on
20:44:43 both sides of the issue to make some type of
20:44:43 intelligent recommendation.
20:44:51 One thing about these hearings, all of them, someone
20:44:53 loses and someone wins.
20:44:55 And you come back next month, that person who won lost
20:44:59 and the person who lost won, so we are hated every
20:45:02 day.
20:45:03 It's not one day or the next day or the following
20:45:05 week.
20:45:06 We are not heros to anyone for long.
20:45:08 That's what I'm trying to say.
20:45:12 But that's what we chose to do.
20:45:14 So there's no misunderstanding about that.
20:45:17 This project has some merit and this project has some
20:45:23 deficiencies.
20:45:24 But it wasn't us that created the project, and it
20:45:27 wasn't us that determined who put this project onto
20:45:30 the neighborhood and explain it.

20:45:32 It was somebody else's.
20:45:35 There is no question in my mind that somewhere along
20:45:37 the line, this project, whether it's tonight or
20:45:41 another night in the future, will have something to
20:45:43 put here, whether it's going to be three stories or
20:45:45 not is another question.
20:45:47 Whether it's going to have the same configuration, the
20:45:51 same building on it, that's another question to some
20:45:55 size.
20:45:55 But I'm not expressing my views.
20:45:59 I'm expressing my sensitivity to the location.
20:46:02 I think Ms. Saul-Sena -- and that was not the request
20:46:07 of the petitioner's representative.
20:46:08 He wants an up and down vote.
20:46:11 So I guess that's what we are going to do, it's going
20:46:13 to be up or it's going to be down.
20:46:15 But there were some things in the paper that should
20:46:17 have been worked out that are not worked out.
20:46:19 So I take it to heart and I will vote up or down on
20:46:22 this project tonight.
20:46:26 >>LINDA SAUL-SENA: There needs to be a motion -- have
20:46:29 we closed the public hearing?

20:46:31 >> No.
20:46:31 Let me be clear so the petitioner wants an up or down
20:46:34 vote.
20:46:35 If he wants to do that, then it's up or down.
20:46:41 I want to hear, do you want an up or down vote?
20:46:44 I just want to make sure that's what you are asking
20:46:46 for.
20:46:46 >>> Yes, sir.
20:46:47 >>THOMAS SCOTT: All right, thank you.
20:46:49 Councilman -- councilwoman Gwen Miller.
20:46:53 >> Did you receive the comments from the neighborhood
20:46:55 to include these in your -- to be considered of --
20:47:01 >>> Yes, ma'am, we intend to make that part of the
20:47:03 submittal.
20:47:03 >> Have you included this into the project?
20:47:08 >>> Those are included into the project and they will
20:47:09 be part of the PD.
20:47:15 Between now and second hearing.
20:47:18 >>JOHN DINGFELDER: Just for clarification, the one
20:47:24 that is Mrs. Miller was talking about, the four folks
20:47:26 who immediately abut your project, and that's
20:47:30 important.

20:47:32 You satisfied those folks.
20:47:35 But these other folks, for whatever reason, have
20:47:37 expressed that they are not satisfied.
20:47:39 So I just wanted to clarify.
20:47:42 We still have some dissatisfied folks out here we have
20:47:46 heard from.
20:47:50 You met with the folks that contacted you, the folks
20:47:54 that were within 250 feet, that sort of thing.
20:47:56 Did you extend yourself and meet with the southern
20:47:59 pines neighborhood per se?
20:48:05 >>> We did not, no.
20:48:06 Not that we didn't try to contact people.
20:48:08 We did try to contact --
20:48:10 >> Well, there's a neighborhood association there.
20:48:12 I don't know how organized, et cetera, they are.
20:48:13 But that's one of the benefits of the continuance.
20:48:17 When you say you want up or down tonight with this
20:48:21 type of dissatisfaction from these folks, I would say
20:48:24 that's a risky proposition.
20:48:26 Not what I would recommend.
20:48:28 The other thing is -- and I think this goes to a
20:48:31 continuance, too -- is I think it would give Abbye

20:48:35 Feeley time -- and this isn't necessarily for your
20:48:39 benefit, Chris -- I think it would give Abbye some
20:48:41 time to tell us exactly what the RO-1, T square
20:48:45 footage and the parking for an RO-1 could be maximized
20:48:49 on that site as it is today.
20:48:51 With all due respect to you, Chris, we need to hear
20:48:54 that from staff.
20:48:55 >>> Certainly.
20:48:56 >> Stow to be able to have the highest veracity.
20:49:01 So I'm leaning, as Ms. Saul-Sena indicated earlier,
20:49:04 I'm leaning towards a continuance, so you would have
20:49:06 the opportunity to get with the rest of that
20:49:10 neighborhood and talk about these issues and explain
20:49:14 your position, perhaps under a little less tense
20:49:18 environment, and --
20:49:21 Councilman, with all due respect he said he wanted up
20:49:23 or down.
20:49:24 >> He's conferring with his client.
20:49:27 >>THOMAS SCOTT: I asked him about that twice is the me
20:49:31 wanted an up or down vote.
20:49:33 >> But I just raised some issues and I think in
20:49:35 fairness he deserves another bite of that question and

20:49:38 he's conferring with his client and I'm sure getting
20:49:41 back with us in one second.
20:49:43 >>THOMAS SCOTT: He wanted up or down.
20:49:45 I'm prepared to vote.
20:49:46 >>> If I may, I am going to take your advice, and we
20:49:53 would be willing to extend for a continue ABC.
20:49:59 I just want to clarify again that we really feel that
20:50:04 we have developed a plan here that is the most
20:50:09 advantageous to all the parties, takes into
20:50:11 consideration all of the concerns.
20:50:13 One of the concerns I heard here tonight, we don't
20:50:15 feel is something -- we will give time to meet.
20:50:21 We are willing to extend it.
20:50:30 >>LINDA SAUL-SENA: Mr. Chairman, I would like to just
20:50:32 suggest this.
20:50:33 I personally recognize while Henderson is certainly a
20:50:37 commercial street, because of the proximity of
20:50:40 residences, I would not be supportive of any waivers.
20:50:43 That is just my base you can take, that you should
20:50:46 process when you take it back.
20:50:48 Which will affect perhaps a redesign which will affect
20:50:52 the amount of time that you need to think of

20:50:54 requesting for a continuance.
20:50:57 Perhaps Abbye could tell you what you need to think
20:51:02 through before you bring back.
20:51:03 >>ABBYE FEELEY: Council, I know you are looking for
20:51:06 answers from staff in relation to what could go on
20:51:08 this property.
20:51:09 As you know with setbacks and with parking, with uses
20:51:12 under the RO-1, there can be many things.
20:51:16 A maximum F.A.R. of .5, the maximum building you could
20:51:20 get is approximately 9200 square feet.
20:51:22 How that lays out on the property at a maximum height
20:51:25 of 35 feet with the required setbacks, with the
20:51:28 buffers, with the parking, I mean, if you were to do a
20:51:32 medical office that big that's 55 spaces.
20:51:34 This site cannot accommodate that.
20:51:39 We could go back to staff and come up with 100
20:51:41 different alternatives just like any developer could
20:51:43 come up with 100 different alternatives for how the
20:51:46 site could function and what the best and highest and
20:51:49 best use of that site would be.
20:51:51 I don't know that your request for a continuance would
20:51:54 come back with any redesign of this site.

20:51:57 What they are asking for -- and we started with this
20:52:00 many months ago, as they have spoken to, and we have
20:52:04 gone down some, 50% parking waiver to now a 20%
20:52:08 parking waiver by mixes of use on this site,
20:52:10 et cetera.
20:52:12 You know, if your direction, and if it's the direction
20:52:16 of council that you want a redesign of this site, in a
20:52:19 waivers, you know, I don't know that they could get
20:52:21 what they want on this site with no waivers.
20:52:24 We have worked several different ways with solid waste
20:52:27 with, stormwater with, landscaping, to try to get to
20:52:31 some acceptable levels here, and I think what you ask
20:52:39 from staff, it just may be too much.
20:52:41 And that is at the discretion of council, and that is
20:52:44 what's before you tonight.
20:52:45 >>THOMAS SCOTT: Well, I will tell you tonight that
20:52:48 based on what -- first I think the facts are not
20:52:51 clear.
20:52:52 And we have to render a vote based on the facts.
20:52:55 Is that right, counsel?
20:52:56 >>MARTIN SHELBY: Sir, to answer your question without
20:53:01 a yes or no but more concisely, what you have before

20:53:04 you is you have to determine what you have heard
20:53:07 tonight that is competent, substantial evidence.
20:53:09 You have to take that, what you take to be competent,
20:53:12 substantial evidence, and apply it to the criteria for
20:53:15 the waivers, and apply it to the compatibility both
20:53:18 under section 27-324 which I provided you, and under
20:53:22 section 27-321 sub-6.
20:53:25 And council, it can be your determination that does
20:53:31 meet it or does not, as long as you can state what
20:53:34 competent substantial evidence upon which you base
20:53:36 your facts.
20:53:37 So the answer to that question is, unless the
20:53:42 developer, or the petitioner, is willing to agree to a
20:53:46 continuance for a specific purpose by the direction of
20:53:50 this council tonight, and council does not know
20:53:54 whether it is just prolonging this process, or it can
20:53:57 give it some finale tonight based on the competent
20:54:02 substantial evidence you heard --
20:54:04 >>THOMAS SCOTT: And that's what I was trying to get
20:54:06 to.
20:54:08 I have been doing it for eleven years, and of course
20:54:10 it's a slight difference here, but of course you have

20:54:14 a hearing master.
20:54:16 But nevertheless, staff find that this proposal is
20:54:18 inconsistent because it requires a number of waivers
20:54:21 and all of that.
20:54:24 And secondly, councilman Dingfelder was asking the
20:54:27 petitioner an opportunity to meet with the residents
20:54:31 to try to hear them out.
20:54:32 The petitioner said pretty much that, well, we have
20:54:37 pretty much satisfied everybody, you know, when we do
20:54:41 that.
20:54:41 You can do it but I don't think I am going to change
20:54:43 my mind.
20:54:43 Okay.
20:54:44 So I don't know what the benefit here is for the
20:54:47 continuance.
20:54:48 I'm just saying, I'm just one vote.
20:54:50 I'm just saying that it don't seem to make sense to me
20:54:54 to continue it if there is not going to be opportunity
20:54:58 to look at or to amend the plan and come back so that
20:55:02 we can have something that we can work with.
20:55:04 Councilman Dingfelder.
20:55:07 >>JOHN DINGFELDER: I hear you.

20:55:08 I would just like to make a motion to get it off the
20:55:10 dime.
20:55:12 I don't like the direction that this is heading,
20:55:16 because I think -- I don't know the good doctor but
20:55:21 I'm sure he's a fine public servant for this
20:55:23 community, and Mr. Steenson seemed to testify
20:55:26 accordingly, and I think even one of the neighbors
20:55:28 said so.
20:55:29 But, you know, but I don't like the way this is
20:55:31 heading because I think it heading down, and that's
20:55:35 one of the reasons that I encouraged this petitioner
20:55:36 to take a continuance, to get this thing out of this
20:55:42 tense environment, to work with all these neighbors,
20:55:45 and maybe it just means to shrink this building down
20:55:48 earth vertically or horizontally or both, until
20:55:51 there's less waivers required, and that sort of thing.
20:55:54 35 feet in height doesn't bother me that much, folks,
20:55:57 and I'll tell you why, because when those McMansions
20:56:00 start being built in your neighborhood like they have
20:56:03 been in mine, they are allowed 35 feet for a
20:56:06 residential house.
20:56:08 Okay?

20:56:08 35 feet, that's the code for residential property.
20:56:11 So even though I know most of the homes in your
20:56:14 neighborhood are still nice one-story homes as a
20:56:16 whole, that's not the way of the future for the
20:56:21 community.
20:56:21 So the 35 feet doesn't bother me so much.
20:56:24 Maybe it's the intensity on the property.
20:56:27 Maybe it's the total square footage of 8700 square
20:56:30 feet.
20:56:31 Maybe the doctor can revisit the square footage,
20:56:37 shrink it a little bit horizontally and get it down to
20:56:40 that, and then that would require less parking spaces,
20:56:43 and then maybe he would could reach some compromise.
20:56:45 So I am going to move for a continuance.
20:56:47 I would suggest 60 days to cool off a little bit, and
20:56:52 I would specifically encourage the developer to meet
20:56:56 with the -- all of the neighborhood that's been here
20:56:58 tonight.
20:57:02 >>MARY MULHERN: We haven't closed the public hearing,
20:57:04 have we?
20:57:05 >> No.
20:57:05 >>MARY MULHERN: I think the ball is in your court, and

20:57:08 you need to, if we are going to vote for a
20:57:10 continuance, you need to indicate you are willing to
20:57:13 negotiate down on the intensity of this and the
20:57:17 parking.
20:57:18 And if not, then we should vote it up or down.
20:57:20 I think you should speak before we vote on this.
20:57:23 >>> We would be willing to undertake discussions with
20:57:27 the neighbors, certainly, regardless of the outcome.
20:57:31 We intended to regardless of being that there's other
20:57:36 business to attend to community wide in that area.
20:57:39 So I have no problem in continuing with the
20:57:42 understanding that the point of the continuance is to
20:57:47 perhaps meet with the neighbors, address their
20:57:50 concerns the best we can, and to have us look at the
20:57:53 building in terms of not height but perhaps overall
20:57:57 size.
20:57:57 >>MARY MULHERN: I think that needs to be not just
20:58:00 perhaps.
20:58:01 I think you need to say.
20:58:02 Because all of our time, your time especially, this is
20:58:05 a lot of time we spent on this.
20:58:07 So we want to make -- move this process forward, and

20:58:12 not just have deja vu.
20:58:17 >>> I need to speak to my client but I would say we
20:58:21 are agreeable to that.
20:58:23 >> And it is a beautiful building.
20:58:25 I don't say that all the time.
20:58:26 So you can make the site more accessible to the people
20:58:29 who live there.
20:58:32 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
20:58:35 It's getting even more convoluted.
20:58:38 First here's two requests, in a continuance, vote it
20:58:41 up or down.
20:58:42 Then the presenter says, I don't know what else I can
20:58:46 do.
20:58:46 I presented my best plan, something to that degree at
20:58:48 the present.
20:58:49 Now we hear we are going to work and get this
20:58:53 resolved.
20:58:55 So I'm willing to understand what's going on.
20:58:58 But at the end, guess what's going to happen.
20:59:04 There's going to be very little change, and it's going
20:59:06 to be voted up or down.
20:59:14 I'm not concrete there will be change.

20:59:16 And what's going to be the change, a thousand feet?
20:59:19 What's the direction?
20:59:20 I mean, that gentleman there is doing the best that he
20:59:22 can for his client, has no direction.
20:59:26 Is it going to be 5,000 feet?
20:59:28 Is it going to be 6,000 feet?
20:59:30 Is it going to be 8744 feet?
20:59:36 I don't know.
20:59:39 I have got to have some direction to support
20:59:42 something.
20:59:42 >>> Let me answer this if I may, sir.
20:59:47 If I were to give you specifics what we will do the
20:59:52 square footage, we'll drop it to so many square feet
20:59:55 tonight.
20:59:55 Would that satisfy --
20:59:57 >> I'm not going to ask that.
20:59:58 I don't have the right to do that.
21:00:00 In my opinion, that's your presentation with your good
21:00:03 doctor there who I'm sure has done a fantastic job.
21:00:06 You know what I'm saying, he wouldn't have the
21:00:08 clientele that he has.
21:00:09 And there's nothing against the doctor in this case.

21:00:12 What I'm saying is, I'm not here to tell you what
21:00:15 building to put on that land.
21:00:16 The only thing we are hear for is up or go down.
21:00:21 Like I said earlier, if you come here twice.
21:00:27 >>LINDA SAUL-SENA: In an attempt to get this off the
21:00:32 dime my first recommendation would be no parking
21:00:34 waivers.
21:00:34 That would make me feel better.
21:00:36 I think we can't address the overall traffic in South
21:00:40 Tampa.
21:00:40 But we can address parking waivers.
21:00:47 There is a complex process of what the parking should
21:00:49 be and I personally would not support any parking
21:00:52 waivers.
21:00:52 >>> Would it be possible to suggest that we wouldn't
21:00:56 need parking waivers if we could be a little more
21:00:58 flexible with solid waste and the relocation of some
21:01:00 of those.
21:01:01 A lot of parking was lost in an effort to get --
21:01:05 >>LINDA SAUL-SENA: You have got to figure that out.
21:01:08 I'm just saying my perspective of parking waivers.
21:01:10 >>THOMAS SCOTT: We have negotiated enough.

21:01:13 A motion on the floor to continue it for 60 days.
21:01:16 >>LINDA SAUL-SENA: Does staff have a I date?
21:01:24 >>ABBYE FEELEY: Do you want to continue this to an
21:01:26 evening public hearing?
21:01:28 >>LINDA SAUL-SENA: Yes.
21:01:31 >>> August 28, September 11.
21:01:34 >>LINDA SAUL-SENA: August 28.
21:01:36 >>> I don't think that's enough time.
21:01:38 But August 28, if you want that there is an evening
21:01:41 meeting.
21:01:42 September 11th, then goes to October 23rd.
21:01:51 >> 9/11 is not a good day but that's the way it is.
21:01:54 >>THOMAS SCOTT: September 11?
21:01:59 Petitioner, is September 11 good for you?
21:02:01 >>MARTIN SHELBY: Could I have a response on the
21:02:02 record?
21:02:03 >>> Yes, we agree to that.
21:02:06 >>THOMAS SCOTT: Okay.
21:02:08 There's a motion to continue to September 11th.
21:02:10 All in favor let it be known by Aye.
21:02:12 >>CHARLIE MIRANDA: I support it reluctantly.
21:02:18 >>THOMAS SCOTT: Opposes?

21:02:19 Okay.
21:02:20 Thank you.
21:02:23 Item 7.
21:02:28 >> Shouldn't we be getting out here at 8:00?
21:02:32 >>CHARLIE MIRANDA: In the morning.
21:02:35 That's a continuance.
21:02:36 >>THOMAS SCOTT: If you hold your comments conversation
21:02:39 down, council is still in session, please.
21:02:41 Council is still in session.
21:02:43 Thank you.
21:02:44 Item 7.
21:03:15 >>ABBYE FEELEY: Land Development Coordination.
21:03:16 I have been sworn.
21:03:17 Item number 7, there is no site plan in your package
21:03:19 because this is a Euclidean rezoning request.
21:03:22 The request is from RS-50 to CG commercial general.
21:03:26 Property is located at 5410 north Albany Avenue,
21:03:34 requesting to rezone the property from RS-50
21:03:36 residential single-family to CG commercial general
21:03:39 zoning district to allow for commercial uses on the
21:03:41 site.
21:03:42 CG zoning district requires a minimum of 10 that you

21:03:45 square feet, and the site is approximately 19,800
21:03:50 square feet.
21:03:51 Site is surrounded with a mix of commercial uses to
21:03:53 the south, west and east with residential
21:03:56 single-family to the north.
21:03:57 The development must adhere to all City of Tampa land
21:04:00 development regulations, no waivers are allowed.
21:04:04 I provided those regulations and I have also provided
21:04:07 a list of what would be permitted in CG in the staff
21:04:11 report.
21:04:20 This is Hillsborough south to the south, Albany to the
21:04:28 east, there is CG, CI along this segment of
21:04:32 Hillsborough, the CI that you see does span the entire
21:04:36 block, here and over here to the east.
21:04:42 Here's CG that also runs along and goes all the way
21:04:46 back to Mohawk.
21:04:48 Piece of property we are talking about tonight is here
21:04:49 in green.
21:04:53 Here's an aerial of the site.
21:04:54 This is currently vacant.
21:04:56 It was serving I believe as the parking for the
21:04:58 commercial property in the front.

21:05:00 I will show you that building.
21:05:01 There's some auto sales here with some budget rental
21:05:05 trucks back here.
21:05:06 I'll show all those to you.
21:05:11 The picture of the site.
21:05:19 I'm sorry, this is the southern part of the site, the
21:05:25 commercial building on the corner of Albany and
21:05:26 Hillsborough.
21:05:27 This is the subject site.
21:05:29 This is the rear to that building.
21:05:39 This is the property across Albany to the east.
21:05:43 This is the rear of that property.
21:05:47 This is the northeast corner of Albany and Mohawk.
21:05:53 This is north of the site.
21:05:58 This is also north of the site on Mohawk.
21:06:04 This is south of the site across Hillsborough.
21:06:07 Staff did find this request consistent given the
21:06:18 existing development pattern in the surrounding area,
21:06:20 and the underlying land use and the comprehensive
21:06:23 plan.
21:06:26 >>THOMAS SCOTT: Planning Commission?
21:06:28 >>TONY GARCIA: Planning Commission staff.

21:06:34 I have been sworn.
21:06:36 Just several additional comments.
21:06:40 This is located on the north side of Hillsborough
21:06:42 Avenue.
21:06:42 Basically it's a unification to go along with this
21:06:47 parcel which already has zoning of CG.
21:06:49 This is going to go to CG.
21:06:51 There is basically in a RS 50.
21:06:54 The segments over here which allows up to CI.
21:06:57 So we are only going up to CG which is pretty
21:07:00 characteristic of most of the uses you see along this
21:07:03 particular segment of Hillsborough Avenue, as
21:07:05 evidenced by -- this is outdoor storage.
21:07:09 This is something that's a little different so you can
21:07:12 pretty much have that under CI, but there's various
21:07:16 other CG uses along the area.
21:07:20 A lot more intensive use directly to the east of this
21:07:22 site.
21:07:23 Under the CG, you can have buffering and screening to
21:07:27 the residential directly to the north, north base of
21:07:31 Mohawk.
21:07:32 I think that will be something that we'll be able to

21:07:35 adequately mitigate any impacts.
21:07:37 Even under CG which is really going to be a lot less
21:07:40 intensive than the potential CI which the applicant
21:07:42 did not request.
21:07:43 Planning Commission staff found the proposed request
21:07:45 consistent with the comprehensive plan.
21:07:50 >>THOMAS SCOTT: Petitioner, come state your name for
21:07:53 the record, please.
21:07:57 >> Michael Horner, 14502 Dale Mabry Tampa representing
21:08:03 applicant and owner.
21:08:04 I think staff gave a pretty thorough presentation.
21:08:08 There are no opposition.
21:08:11 Appreciate your support.
21:08:12 >>THOMAS SCOTT: Public hearing.
21:08:13 Anyone wants to address council?
21:08:14 >> Move to close.
21:08:16 >>CHARLIE MIRANDA: Second.
21:08:16 (Motion carried).
21:08:18 >>THOMAS SCOTT: Mr. Miranda?
21:08:21 >>CHARLIE MIRANDA: Thank you.
21:08:27 >>> Can I ask to receive and fail two letters in
21:08:30 support?

21:08:31 I apologize.
21:08:32 >>CHARLIE MIRANDA: I move an ordinance for first
21:08:34 reading rezoning property in the general vicinity of
21:08:36 5410 north Albany Avenue in the city of Tampa, Florida
21:08:38 and more particularly described in section 1 zoning
21:08:41 district classification RS-50 residential
21:08:43 single-family to CG commercial general providing an
21:08:45 effective date.
21:08:46 >>THOMAS SCOTT: Moved and seconded.
21:08:49 Seconded by councilwoman Mulhern.
21:08:52 All in favor let it be known by Aye.
21:08:54 Opposed same sign.
21:08:55 >>THE CLERK: Motion carried with Dingfelder being
21:08:57 absent at vote.
21:08:58 Second reading and adoption will be on June 26 at 9:30
21:09:01 a.m.
21:09:02 >>> Thank you, council.
21:09:04 >>THOMAS SCOTT: The last item for the day, item number
21:09:06 8.
21:09:13 If you can give us an overview.
21:09:30 >> Hold on just one second.
21:09:33 >>THOMAS SCOTT: If you would give us a summary

21:09:35 overview, I would appreciate that.
21:09:36 Thank you.
21:09:42 >>> Ms. Dock who is on vacation drinking Margaritas
21:09:46 right now I'm sure is enjoying this evening.
21:09:51 This petition Z 08-29 located at 8115 north 13th,
21:10:11 8117 north 13th and 8118 north Klondyke is
21:10:16 actually a church.
21:10:17 What's interesting when this first came in we thought
21:10:19 they were going to need green space waivers and we
21:10:22 changed it from a special use to a PD and now we have
21:10:24 everything worked out and they tell me they don't so
21:10:26 it really could have been a special use.
21:10:28 But that aside, there are a few inconsistencies that
21:10:30 need to be corrected in between first and second
21:10:34 reading, and I will just go over those briefly.
21:10:40 One is to add office as a proposed use, because they
21:10:44 have incorporated a single-family residential home
21:10:47 that is adjacent to the property that's going to be
21:10:50 used as the church office.
21:10:51 And I'll show you that real quickly.
21:10:56 Transportation find it inconsistent.
21:10:58 They need to add the waiver for access to a local

21:11:01 road.
21:11:03 And solid waste needed for them the garbage
21:11:07 receptacles to be changed.
21:11:13 They asked for a waiver for the placement of the
21:11:16 garbage receptacles, and objected to this but
21:11:20 understand it is waiver was placed on the plan so she
21:11:23 is okay as long as the waiver is there.
21:11:29 I'll show you quickly the site.
21:11:31 I'm sorry.
21:11:32 One item Mrs. Dock left out of her report that was
21:11:35 brought to our attention earlier this evening is
21:11:37 there's a grand tree and I'll show you a picture of
21:11:39 that on 13th that has a very long arm to the tree
21:11:47 that goes out near the building and Mr. Riley, who is
21:11:50 still here works like to see, because they have extra
21:11:54 buffering on their parking area, and they have some
21:11:58 extra spacing between their walkway, I think their
21:12:01 walkway is 8 feet in front of the church, if they
21:12:04 could move over a couple of feet by reducing the
21:12:06 buffer back to what it's required to be, and moving,
21:12:09 reducing that walkway a little bit to give that arm of
21:12:12 the grand tree some room with the new structure.

21:12:14 So I'll show you that.
21:12:22 Here is the site shown in green.
21:12:24 13 to the west.
21:12:26 Klondyke to the east.
21:12:28 There is an existing church.
21:12:34 Existing congregation is on there today, and they are
21:12:37 looking to replace this building and establish this
21:12:39 northern part of the property as the parking.
21:12:42 And then the single-family home that's hear to the
21:12:44 south is going to be used as the church office.
21:12:53 They are looking to demolish and improve the area and
21:12:57 serve as the parking area for the congregation.
21:13:13 Here is a picture of the grand tree.
21:13:29 They would like to see if that building be can shifted
21:13:31 between first and second reading to be able to protect
21:13:34 that portion of the tree.
21:13:41 Here is the existing building.
21:13:43 You see the surface parking here.
21:13:49 And I was going to see if I had a picture of the
21:13:51 house.
21:13:53 That was going to be incorporated.
21:14:00 Here is a picture of the house that is going to be

21:14:02 improved and turned into the church office.
21:14:05 I have provided a list of requested changes in between
21:14:11 first and second reading.
21:14:15 It would just need to be amended to take care of the
21:14:17 tree.
21:14:24 >>THOMAS SCOTT: The clerk has that added to the
21:14:26 record.
21:14:26 >>MARTIN SHELBY: Does the clerk have that list?
21:14:29 >>> There should be an extra copy.
21:14:32 >>THOMAS SCOTT: Just take my copy.
21:14:34 >>TONY GARCIA: Planning Commission staff.
21:14:36 I have been sworn.
21:14:37 The site is located in the north Tampa area, south of
21:14:46 Waters Avenue, east of Nebraska, north of Hillsborough
21:14:49 River, as you can see the land use category is
21:14:54 predominantly residential 10 which allows for
21:14:59 community uses, this is expansion of the church.
21:15:01 There you can see the site.
21:15:02 Planning Commission staff found the proposed request
21:15:05 consistent with the comprehensive plan.
21:15:08 >>THOMAS SCOTT: Petitioner?
21:15:10 Petitioner?

21:15:12 State your name and address for the record.
21:15:17 >>> My name is Curt McKay.
21:15:19 I have been sworn in.
21:15:20 I'm at 9871 Timmons road.
21:15:23 And you do have a site plan for the PD zoning.
21:15:32 I just spoke in reference to the shifting of the
21:15:34 building which we have in a problem with as long as it
21:15:36 doesn't affect the green space.
21:15:40 We are all right?
21:15:41 Then we have in a problem.
21:15:42 >>THOMAS SCOTT: And you agree to the other conditions?
21:15:45 >>> Yes, sir.
21:15:46 >>THOMAS SCOTT: Okay.
21:15:47 All right.
21:15:47 Council, any questions?
21:15:48 Okay.
21:15:49 Anyone from the public?
21:15:50 Anyone else from the public want to speak to council?
21:15:52 Okay.
21:15:53 Okay.
21:15:54 >> Move to close.
21:15:55 >>: Second.

21:15:55 (Motion carried).
21:15:56 >>THOMAS SCOTT: Ms. Mulhern, read this.
21:16:09 >>MARY MULHERN: I move an ordinance re zoning property
21:16:11 in the general vicinity of 8115 and 8117 north
21:16:15 13th street and 8118 north Klondyke street in the
21:16:18 city of Tampa, Florida, more particularly described in
21:16:21 section 1 from zoning district classifications RS 5
21:16:24 residential single-family to PD, planned development,
21:16:27 place of religious assembly, providing an effective
21:16:29 date.
21:16:30 And including the conditions.
21:16:37 >>THOMAS SCOTT: Moved and seconded.
21:16:39 All in favor let it be known by Aye.
21:16:40 Opposes?
21:16:41 Okay.
21:16:41 So moved and ordered.
21:16:43 >>THE CLERK: Motion carried with Dingfelder being
21:16:45 absent at vote.
21:16:46 Second reading and adoption will be on June 26th
21:16:48 at 9:30 a.m
21:16:52 >>LINDA SAUL-SENA: Move to receive and file.
21:16:57 >>THOMAS SCOTT: All in favor let it be known by Aye.

21:16:59 (Motion carried).
21:17:01 Any other business to come before council tonight?
21:17:03 If not we stand adjourned.
21:17:04 Thank you. 9:20.

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