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Tampa City Council Meeting
September 25, 2008, 6:00 p.m.


>>THOMAS SCOTT: Tampa City Council will now come to
We'll have roll call.
18:05:18:19 >>GWEN MILLER: Here.
18:05:19:19 >>LINDA SAUL-SENA: Here.
18:05:20:19 >>JOSEPH CAETANO: Here.
18:05:22:06 >>MARY MULHERN: Here.
18:05:22:18 >>THOMAS SCOTT: Here.
18:05:23:25 For the record, again, Councilman Miranda submitted a
18:05:28:03 memorandum this morning.
18:05:29:21 He's in Orlando representing us with the water
18:05:37:21 commission.
18:05:38:01 Ms. Coyle.
18:05:43:13 >>CATHERINE COYLE: Thank you, Council.
18:05:45:12 Catherine Coyle, Land Development.
18:05:47:04 If you could go to the ordinance that.
18:05:51:24 >>MARTIN SHELBY: Are you here on number -- start with
18:05:54:18 number 2.
18:05:55:21 >>CATHERINE COYLE: This is the Ybor City parking
18:05:57:15 changes.
18:05:58:10 That's the general consensus of what this is.
18:06:00:13 The ordinance starts the very first section, listed as
18:06:03:15 27-177.
18:06:05:00 And I do have some photos.
18:06:06:21 I was asked to take some photos of the lot.
18:06:20:04 >> Are we starting on number 2?
18:06:23:04 Yes.
18:06:23:16 We're reversing number one and number two.
18:06:25:27 >>CATHERINE COYLE: I did receive a fax today from the
18:06:27:18 Ybor City Development Corporation.
18:06:28:24 They actually did have a parking committee that was
18:06:31:12 formed.
18:06:31:27 They did vote to support the changes.
18:06:34:21 There are two exceptions to that.
18:06:36:06 One is to not pave the center drive aisles for lots
18:06:39:27 under 7500 square feet.
18:06:41:10 And two is to list the name and number of the parking
18:06:44:00 company on the sign rather than the owner of the
18:06:46:09 property.
18:06:46:21 Just to briefly remind you of what these changes were,
18:06:53:10 they came to you a few months ago in workshop.
18:06:55:15 They went to the Planning Commission.
18:06:56:21 The Planning Commission did find them consistent with
18:06:58:16 the comprehensive plan.
18:06:59:21 And what this does initially is strike interim parking
18:07:03:27 as an allowable use in Ybor City.
18:07:06:03 And then it sets development standards for the surface,
18:07:09:25 the landscaping and the perimeter fencing.
18:07:12:09 The driveways do need to be -- that lead into these
18:07:17:21 parking lots do need to meet DPW standards, which are
18:07:21:15 concrete aprons.
18:07:22:18 The surface of the lots, however, they may remain as
18:07:26:21 turf areas, but the center drive aisles do need to be
18:07:30:27 paved.
18:07:31:15 And they do need to be mowed to a maximum height of
18:07:36:13 eight inches.
18:07:37:03 There are irrigation systems are to maintain 98% of
18:07:41:21 operational status, be controlled by an automatic
18:07:43:27 timer.
18:07:44:16 The comment from Ybor City development corporation is
18:07:48:09 specifically if you look at page 4, number 4, paragraph
18:07:52:00 4 is surface that I was just reading from.
18:07:54:00 If you look at 5 below that landscaping, it separates
18:07:58:00 out lots that are less than 7500 square feet and
18:08:01:10 greater than 7500 square feet.
18:08:03:10 What they are really requesting is for number four to
18:08:05:28 be split out the same way.
18:08:07:09 So that the lots that are less than 7500 square feet

18:08:10:12 are not required to have the drive aisles paved.
18:08:13:24 So it's certainly something we could do to adjust that,
18:08:17:18 and you could direct that between first and second
18:08:19:21 reading.
18:08:20:00 I could go back and make that change.
18:08:21:18 Irrigation is on page five as well as buffering and
18:08:24:16 screening.
18:08:25:06 And you'll note that they don't have to do full
18:08:28:09 compliance with chapter 13, but if you look at page 8
18:08:31:18 on the smaller lots, they'll be required to put in the
18:08:33:27 fencing.
18:08:34:12 And you can see that there are -- options depending on
18:08:37:16 what they are adjacent to.
18:08:39:19 There is a more wrought iron style that is kind of more
18:08:43:18 Yboresque and then the smaller picket style,
18:08:50:06 transparent or opaque and then the taller fence, which
18:08:52:25 is typically adjacent to the residential uses.
18:08:55:12 The gist of this lesser standard for the parking, the
18:08:59:00 pavement of these lots is it's more than the interim
18:09:02:22 lot requirements.
18:09:03:12 It's to bring them to a standard that is maintainable
18:09:05:19 and not necessarily to a degree where there's dirt
18:09:08:03 washing out into the street and debris buildup, but
18:09:11:09 it's also to a point where there is not such an
18:09:14:21 expenditure and such a pavement of the lot and

18:09:16:16 development of the lot, because eventually the hope is
18:09:18:16 they actually get developed with buildings, something
18:09:20:12 that actually serves the Ybor City area better than
18:09:23:24 just the parking lot.
18:09:24:24 Another change in this particular ordinance also
18:09:31:06 relates to parking.
18:09:31:28 And if you recall about a year ago, we changed the
18:09:34:13 distance separation between off-site parking from
18:09:37:27 300 feet to a thousand feet downtown.
18:09:40:04 We're proposing that change citywide to deal with
18:09:42:25 off-site parking issues, to try to get people to share
18:09:45:13 parking a little bit more.
18:09:46:13 We have a very restrictive code right now so we're
18:09:48:28 trying to make that citywide to bring in more parking,
18:09:52:00 especially in the South Howard area, places like that
18:09:54:18 really need that.
18:09:55:12 And the last one is the clarification of the definition
18:10:00:15 of commercial equipment.
18:10:01:25 Just specifying that it is designed or intended for
18:10:04:24 commercial purposes.
18:10:05:21 And this is to clean up issues that we have with code
18:10:08:00 enforcement.
18:10:08:07 And I'm available for any questions.
18:10:11:03 >>THOMAS SCOTT: Let me also submit this -- we have a
18:10:13:16 fax from the YCDC, so I want to submit this for the

18:10:17:27 record.
18:10:18:12 Okay?
18:10:19:15 I think everybody has a copy of it.
18:10:21:15 Councilwoman Saul-Sena and Mulhern.
18:10:23:27 >>LINDA SAUL-SENA: Thank you.
18:10:25:00 Two questions, when was this parking originally
18:10:29:09 supposed to be improved?
18:10:30:27 Wasn't it ten years ago?
18:10:33:00 >>CATHERINE COYLE: Yes.
18:10:33:15 The cutoff date in the code to bring up -- the initial
18:10:40:18 date for enhanced lighting and security measures,
18:10:43:00 existing parking lots must comply by March of 1998 for
18:10:47:18 landscaping.
18:10:48:06 >>LINDA SAUL-SENA: That was March of 1998.
18:10:50:06 I just wanted to underscore to everyone that this is
18:10:53:07 not a new conversation.
18:10:54:18 Secondly, illumination.
18:10:56:24 Is there illumination required when the lots are used
18:10:59:06 in the evening?
18:11:00:07 >>CATHERINE COYLE: They still have to meet the typical
18:11:02:03 lighting standards through DBW just like any other
18:11:05:18 parking lot.
18:11:06:24 Just for the record, staff is amenable to the changes
18:11:09:15 that YCDC is recommending.
18:11:14:06 >>MARY MULHERN: I'm just trying to locate where in this

18:11:16:10 ordinance the distance separation is laid out.
18:11:21:06 Crossed out on the page that I'm looking at.
18:11:23:15 Thousand feet is crossed out.
18:11:28:13 I don't know if that's an old --
18:11:29:28 >>CATHERINE COYLE: The number is, if you look at the
18:11:31:27 underlined version, it's page 9, there is -- it's
18:11:35:13 written out in words, one thousand feet walking
18:11:38:10 entrance of a public entrance.
18:11:39:28 What's stricken is the thousand feet numerical in
18:11:43:10 central business district or Channel District.
18:11:44:25 >>MARY MULHERN: Okay.
18:11:45:22 So it's still in there.
18:11:46:27 Okay.
18:11:47:07 Thanks.
18:11:48:24 >>THOMAS SCOTT: This is a continued public hearing.
18:11:50:09 Anyone wish to address Council?
18:11:51:27 Anyone from the public wish to address Council?
18:11:55:06 >> Move to close.
18:11:55:21 >>THOMAS SCOTT: All in favor, signify by aye.
18:11:59:06 Do you want to read number two with the changes that's
18:12:02:18 been recommended by YCDC.
18:12:05:06 >>GWEN MILLER: Thank you, Mr. Chairman.
18:12:06:06 An ordinance of the City of Tampa, Florida, making
18:12:09:18 comprehensive revision of City of Tampa Code and
18:12:12:18 ordinance chapter 27, zoning, amending section 27-177,

18:12:19:21 historic district established, amending section 27-180,
18:12:23:25 alternative parking requirements; amending section
18:12:26:04 27-241, methods of providing required parking and
18:12:30:00 loading; amending section 27-246.1, special event
18:12:35:18 parking lots, interim parking lots and residential
18:12:38:10 parking for stadium events; amending section 27-272,
18:12:43:24 special use criteria; amending section 27-545,
18:12:49:00 definitions; repealing all ordinances or parts of
18:12:52:19 ordinances in conflict therewith; providing for
18:12:56:18 severability; providing an effective date.
18:12:57:21 And those changes that were made.
18:12:59:03 >>THOMAS SCOTT: Okay.
18:12:59:21 Yes.
18:13:01:15 >>JULIA COLE: Julia Cole, Legal Department.
18:13:03:07 Before you vote on this ordinance and I'll do this for
18:13:05:12 all the ordinances tonight, the effective date on all
18:13:07:27 the ordinances that were DOC agendaed down to City
18:13:10:15 Council have an October 15th date because, remember,
18:13:12:24 we continued this.
18:13:14:06 I've been meaning to try and get that changed.
18:13:16:21 Haven't had an opportunity to.
18:13:17:24 What we need to do is allow the opportunity for me to
18:13:20:09 bring an ordinance back for second reading, which
18:13:22:15 changes October 15th to November 1st, because
18:13:24:25 second reading on all of these will be October 16th.

18:13:27:16 So it's a minor nuance that really only the legal types
18:13:33:06 care about.
18:13:33:24 Second reading, I'll be bringing you an ordinance with
18:13:37:18 the November 1st.
18:13:38:21 >>MARTIN SHELBY: If that could be part of the motion to
18:13:40:16 change the effective date.
18:13:41:13 >>THOMAS SCOTT: Yes, that's part of the motion.
18:13:42:24 >>JULIA COLE: Okay.
18:13:43:28 Very good.
18:13:44:13 I'll be asking that on all the ordinances.
18:13:45:28 >>THOMAS SCOTT: With the changes to -- okay.
18:13:48:21 Motion by councilwoman Miller.
18:13:50:24 Second by councilwoman Mulhern.
18:13:52:07 All in favor, signify by saying aye.
18:13:54:15 Opposed?
18:13:55:21 So move.
18:13:56:06 >>THE CLERK: Motion carried with Miranda being absent,
18:13:59:12 Dingfelder being absent at vote.
18:14:01:27 Second reading and adoption will be on October 16 at
18:14:03:12 9:30 a.m.
18:14:05:25 >>THOMAS SCOTT: Item number 1.
18:14:12:21 >>CATHERINE COYLE: Catherine Coyle, Land Development.
18:14:15:00 I'll be brief.
18:14:17:07 Ms. Cole will speak to the background on this
18:14:19:07 particular one.

18:14:20:00 This regulation -- and it's the one that starts out
18:14:22:18 with section 27-153, this deals with the TDR, transfer
18:14:26:19 of development rights, which Council had directed some
18:14:29:28 research being done about a year ago.
18:14:31:18 That research was done.
18:14:33:06 The Legal Department followed through with these
18:14:35:06 regulations.
18:14:35:28 They were sent to me for some tweaking and procedure
18:14:38:09 just to make sure it matched up with the code.
18:14:40:12 And what you have before you is actually the answer to
18:14:42:06 that.
18:14:42:16 We did meet with the AIA group.
18:14:46:01 Their lunch been two weeks ago.
18:14:48:12 Dennis Fernandez and myself, and we went through some
18:14:50:18 of the issues.
18:14:51:07 There are still some questions and concerns to some of
18:14:53:25 the procedures in here.
18:14:55:12 But just so you know, the gist of this is that first
18:14:59:27 you get certified that you are actually -- you have
18:15:02:03 eligible entitlements.
18:15:03:10 And that goes through the historic preservation
18:15:05:10 manager.
18:15:06:09 He deems whether or not you are eligible based on the
18:15:09:25 status of that building.
18:15:11:16 Once it's eligible, then there's a certificate of

18:15:14:10 availability that is issued that says you actually have
18:15:16:15 these entitlements available for transfer.
18:15:18:16 Then following that, once you go to sell, there is a
18:15:22:03 certificate of transfer that is recorded with a
18:15:25:18 restrictive covenant of zoning on the property, the
18:15:28:18 original property that you transferred from.
18:15:30:01 So what it is, you're sending site, you get the
18:15:33:07 certificate to transfer.
18:15:34:15 First you're eligible, it's available, and then you
18:15:37:01 transfer out.
18:15:37:16 You put a restriction on that property saying this is
18:15:39:21 what you have left.
18:15:40:19 The new property, which in CBD, CBD is the only
18:15:45:24 receiving site.
18:15:46:12 This is the pot where everything goes, they buy the
18:15:49:10 certificate of transfer and then add it to their
18:15:51:15 development rights.
18:15:52:03 What that does, if you have transferred rights from
18:15:56:03 historic property, what you get, essentially, is the
18:15:58:27 ability to develop in the downtown as a special use
18:16:07:24 one.
18:16:08:03 It does go through an administrative review.
18:16:10:06 That's really the carrot at the end of that that you
18:16:12:24 get to skip the public hearing process, essentially,
18:16:15:07 still go through the exact same design review.

18:16:18:06 Wilson Stair still reviews everything by code.
18:16:20:27 The issue with that is, there are no waivers.
18:16:23:00 You have to meet code to go through that.
18:16:24:19 So you transfer them.
18:16:26:10 You meet code, you go through the S-1 process.
18:16:28:24 If you're unable to meet code, you would come through
18:16:31:09 on appeal to City Council.
18:16:33:00 That's the gist of the regulation.
18:16:34:12 I'll let Julia follow up.
18:16:37:09 >>JULIA COLE: Julia Cole, Legal Department.
18:16:40:07 As many of you know, this has been an issue that has
18:16:42:12 been a hot topic for some time.
18:16:44:12 We did spend a lot of time researching the best way to
18:16:47:00 approach a transfer of development right program, had
18:16:49:09 great help from outside folks who offered a lot of help
18:16:54:01 to the Legal Department.
18:16:55:01 And when we were going through this, we did try to pull
18:16:57:27 together some of the ordinances that we saw from
18:16:59:22 different jurisdictions that would make the most sense
18:17:02:03 in our jurisdiction.
18:17:02:24 I was not able to attend the AIA heritage committee
18:17:05:27 meeting, the luncheon that occurred but I understand
18:17:08:18 from that meeting and have had some follow-up
18:17:11:00 conversations that there has been some questions
18:17:14:06 regarding the eligibility.

18:17:15:15 There seems to be some wish upon the folks who are much
18:17:21:06 more involved in these issues than I, that we allow the
18:17:25:07 eligibility to not only include structures that have
18:17:28:25 already been rehabilitated up to standards, but
18:17:32:04 structures that may be maintained or otherwise, I'll
18:17:35:24 use the term mothballed up to a standard to allow that
18:17:38:27 ability to transfer that development right from that
18:17:42:22 parcel.
18:17:43:03 That's not included in this ordinance.
18:17:45:06 You also know and you heard this morning that you have
18:17:47:19 your demolition by neglect standards that are moving
18:17:50:10 forward in the July cycle -- this cycle has been pushed
18:17:54:03 back so far that they are practically merging.
18:17:56:21 There really will only be two months off.
18:17:59:18 After my conversation and specifically Stephanie
18:18:01:09 Ferrell who is here and with Dennis Fernandez, I'm
18:18:04:12 making a recommendation that what we do with this
18:18:06:27 ordinance to allow that opportunity to beef up some of
18:18:08:28 this language to include some additional eligibility is
18:18:12:13 that we continue this item into the July cycle.
18:18:15:27 It doesn't need to go back to the Planning Commission
18:18:18:00 or anything.
18:18:18:21 It will just be adopted concurrent with the demolition
18:18:20:24 by neglect standards.
18:18:22:01 It would allow us the opportunity to otherwise tie

18:18:24:15 those together or pull some other standards.
18:18:27:03 You're creating a right here, and You have to be real
18:18:32:03 careful when you create the right that you don't make
18:18:33:18 it so broad that people are getting an entitlement that
18:18:36:06 they don't otherwise deserve.
18:18:37:22 So I hate to be in the process of writing that on the
18:18:39:22 fly tonight.
18:18:40:00 My recommendation is that you continue this in the July
18:18:42:15 cycle.
18:18:42:25 There are some folks here.
18:18:45:27 You may want to hear from them on that issue, but I
18:18:47:07 think they understand what my position is on that.
18:18:54:07 >>MARY MULHERN: I wanted to thank Julia for
18:18:56:07 recommending that because I actually met with Laurel
18:18:58:24 Lockett who is one of the attorneys that has been
18:19:01:27 working on this apparently for years.
18:19:03:25 Pro bono.
18:19:05:06 And she agreed with me that this would be -- it would
18:19:11:01 be a really good idea to do this at the same time as
18:19:16:19 the demolition by neglect ordinance.
18:19:19:03 And I do want to point out a couple of things that I've
18:19:23:12 noticed in here.
18:19:24:12 And this may be something that needs to be dovetailed
18:19:29:06 with whatever -- I haven't read the demolition by
18:19:32:18 neglect ordinance that has been prepared as a draft

18:19:36:03 that we passed this morning.
18:19:37:06 But under F on this TDR draft, it says destruction of
18:19:44:03 property.
18:19:44:15 And I think that that may need to be rewritten, so it
18:19:52:16 is broader than just destruction to include possible
18:19:59:04 demolition by neglect or any other thing.
18:20:01:12 And then I had a question.
18:20:02:22 I had a question in general about this, because one of
18:20:09:09 the things that brought this up was a site that did not
18:20:12:18 have a historic building on it but in a historic
18:20:17:07 district.
18:20:17:19 And it may be in here, but I don't see provisions for
18:20:24:21 property that doesn't have historic building on it to
18:20:28:03 transfer development rights.
18:20:29:06 So something like certain sites in the Hyde Park
18:20:37:19 historic district.
18:20:38:09 You're talking about buildings, not about zoning or
18:20:45:04 overlays.
18:20:46:10 >>JULIA COLE: Julia Cole, Legal Department.
18:20:48:13 We started this process probably a year, maybe even a
18:20:51:06 year and a half ago.
18:20:52:04 So the context is definitely different than it is
18:20:56:07 today.
18:20:56:15 What you're seeing about subsection, given that we'll
18:20:59:21 put this with the demolition by neglect, certainly we

18:21:02:03 should have synergy between the two provisions.
18:21:04:18 I see what you're saying.
18:21:06:00 This was drafted before that was even something in the
18:21:09:22 drafting stage.
18:21:10:12 So they should come together.
18:21:11:22 When that was drafted that was not contemplated.
18:21:21:09 We really did try to draft an ordinance on this issue
18:21:24:10 that was as simplistic as possible.
18:21:27:00 Almost a pilot program.
18:21:28:18 That's the way I was stating that we were moving
18:21:30:13 forward with it, with the opportunity to see how it
18:21:32:15 works.
18:21:33:00 Because when you're talking about a structure with
18:21:35:22 no -- nothing on it, you know, how you deal with those
18:21:39:15 property rights is a little bit different than if you
18:21:42:06 have a structure on it that they are bringing up to a
18:21:44:16 certain level of standard.
18:21:45:19 That would take a little bit of time to figure out how
18:21:47:27 to draft that issue.
18:21:48:22 I would really recommend that we go ahead and not hold
18:21:51:09 this up to get that in here to go ahead, move forward,
18:21:54:25 we're delaying it already.
18:21:56:16 Delaying it only two months.
18:21:59:07 Get this into place and then we can start to look at
18:22:01:21 ways to expand it and that might be one of the ways we

18:22:04:21 expand it.
18:22:05:13 >>MARY MULHERN: Okay.
18:22:06:13 I'd like to look into that myself or maybe ask Laurel
18:22:09:09 to look into it if there are ordinances in place
18:22:12:10 elsewhere that do in Florida that actually do that
18:22:16:21 because that's -- in my time here, that's where the
18:22:20:15 biggest problem came from.
18:22:31:01 >>LINDA SAUL-SENA: I just wondered if there's anyone in
18:22:32:27 the audience here who wanted to speak.
18:22:40:21 >> I'm Stephanie Ferrell, I'm here representing the
18:22:46:01 architectural heritage committee of the institute of
18:22:48:04 architects Tampa Bay chapter.
18:22:49:25 Gus Paris, who is the Chairman cannot be here because
18:22:52:06 the AIA is having its annual meeting tonight.
18:22:55:15 So he asked me to be here.
18:22:57:00 We are eager to see this passed, but we are equally
18:23:03:03 eager to make sure that what is adopted is something
18:23:06:28 that we can work with at least largely as adopted.
18:23:10:15 Julia and Cathy Coyle and Dennis and I have spoken
18:23:17:12 about this ordinance and with the committee in general.
18:23:22:24 And we are interested in making sure that basically
18:23:27:06 minimum standards are met and that there is no
18:23:29:16 demolition by neglect.
18:23:33:04 Also, as this is written, we want to make sure that the
18:23:36:06 standards are the secretary of the interior standards

18:23:38:03 for preservation.
18:23:39:12 So that the building can't be just mothballed and not
18:23:47:19 done in a sensitive manner.
18:23:49:03 So there needs to be some specific language and
18:23:51:27 probably those standards will need to be interpreted
18:23:56:21 and that will take a little staff time and probably
18:23:58:27 some volunteer time to make sure that it is clear that,
18:24:02:12 you know, what we mean by the preservation of the
18:24:11:12 buildings.
18:24:11:27 The AIA has not discussed the transfer of development
18:24:18:27 rights from vacant properties.
18:24:20:07 We are most interested in making sure that historic
18:24:23:15 properties that either have been maintained, such as
18:24:25:21 some of the downtown churches and buildings that have
18:24:30:12 been rehabilitated according to preservation standards
18:24:34:16 benefit from this.
18:24:35:13 And we would like to see that tackled first and make
18:24:39:10 sure that that gets on the books first.
18:24:41:06 And then let's -- then deal with the broader issue.
18:24:44:27 Because there are projects even in this economy that
18:24:49:09 could happen with this in place, and we take this ad
18:24:55:27 infinitum and try to make it 100% perfect before we
18:24:59:25 adopt it, then some of those things might be delayed.
18:25:02:12 I urge you to take this action, and we would like to
18:25:06:24 work with you all and the staff and Legal Department to

18:25:10:21 make sure that we bring something forward for you.
18:25:12:19 Thank you.
18:25:14:24 >>THOMAS SCOTT: Thank you.
18:25:15:06 >>MARY MULHERN: I had one question.
18:25:17:25 Do you feel like you have a consensus on your heritage
18:25:19:27 committee about the stringency of the secretary of
18:25:26:12 interior standard?
18:25:27:04 Did everyone agree to that?
18:25:29:12 Because I've been hearing sort of different things
18:25:32:09 where people thought that that might be too onerous to
18:25:39:18 expect it all to be complete.
18:25:42:24 And it may be not even the standards, but even the
18:25:45:09 issuance of a certificate of occupancy.
18:25:51:21 >> We did not think that a CO or CA, a certificate of
18:25:54:24 appropriateness or a certificate of occupancy should be
18:25:57:15 a requirement, because there are lots of buildings that
18:26:02:12 have been maintained and maybe have not been
18:26:05:13 rehabilitated, per se.
18:26:06:13 They would not have gotten a CO nor a CA, certificate
18:26:10:18 of appropriateness from Dennis' office.
18:26:12:27 So we definitely think that that's too stringent.
18:26:16:10 But it is not the standards themselves that are the
18:26:19:27 problem.
18:26:20:12 It is that, you know, if someone has maintained the
18:26:23:24 property, then they should benefit from it.

18:26:25:24 They should be able to benefit it.
18:26:27:07 Let's say the sacred heart church, for instance.
18:26:29:15 They had -- they have maintained their property over
18:26:33:00 the decades.
18:26:33:24 They haven't done a rehabilitation project that has
18:26:35:21 been reviewed by the architectural review commission.
18:26:39:03 So it didn't get a CA nor a CO.
18:26:42:09 A property like that maybe is a good example.
18:26:45:15 What we spoke about a little bit earlier this evening
18:26:49:28 in terms of the secretary of the interior standards is
18:26:52:28 not that they are too strict, but that perhaps what we
18:26:58:06 need to do is interpret those specifically for the
18:27:03:24 landmark buildings that we're talking about.
18:27:05:21 So that it is very clear.
18:27:10:27 There's no discretion or judgment that, say, someone
18:27:14:06 who is not a preservationist, as I have been for
18:27:18:00 several years, you know, the people -- the normal human
18:27:21:06 being can understand that.
18:27:22:09 So I think that we should make -- we should have a
18:27:25:00 provision in the ordinance whereby the staff maybe
18:27:29:07 makes those standards more specific to the building
18:27:33:13 typology that we're talking about.
18:27:39:15 >>LINDA SAUL-SENA: I just wanted to thank you and the
18:27:41:13 members of your committee.
18:27:42:13 And Ms. Locket, who isn't here, for the years that you

18:27:46:21 put into this.
18:27:47:09 While I'm disappointed that we aren't able to move
18:27:49:18 forward tonight, I look forward to January when we get
18:27:52:06 some carrot in place.
18:27:54:18 >> Well, it happen -- will it happen before January?
18:27:56:27 Effective January 1, and then basically come back here,
18:28:01:24 what, a month from now?
18:28:09:15 >> We're looking to continue this individualized cycle.
18:28:12:00 I'm hoping that November 13th, I think it is, is what
18:28:14:18 I'm shooting for, the first reading for that cycle.
18:28:17:06 All the stuff you heard this morning, as well as
18:28:19:01 whatever you continue to it, with an effective date,
18:28:21:03 meaning it's law as of January 1.
18:28:24:06 >>LINDA SAUL-SENA: The reason I'm really eager for this
18:28:26:09 to happen is I've been sharing with my colleagues
18:28:29:15 pictures in the newspaper of great buildings that need
18:28:34:03 help.
18:28:34:15 And this would give property owners incentives to
18:28:37:01 stabilize their buildings.
18:28:38:01 That's why I really want us to work very hard to get it
18:28:40:16 done in a timely way.
18:28:42:12 >>THOMAS SCOTT: Julia, what do we need to do tonight?
18:28:47:03 >>JULIA COLE: I just request that you move this into
18:28:49:24 the July 2008 cycle.
18:28:51:18 And I'll go ahead and have this processed with the

18:28:54:09 other ordinances so they'll be renoticed.
18:28:56:19 >>THOMAS SCOTT: Motion to that effect, please.
18:28:58:09 >> So moved.
18:28:59:00 >> Second.
18:28:59:27 >>THOMAS SCOTT: All in favor, signify by saying aye.
18:29:02:15 Opposed.
18:29:03:04 Thank you.
18:29:08:03 >>CATHERINE COYLE: Thank you, Council.
18:29:09:13 Catherine Coyle, Land Development.
18:29:11:09 Item number 3, this is the ordinance that begins
18:29:13:00 section 27-184.
18:29:14:12 These are the comprehensive changes to chapter 27.
18:29:16:18 They cover a wide array of subjects.
18:29:21:22 Many of them are cleanup items.
18:29:23:15 If you go to page 2, you'll note 27-184, there's an
18:29:30:10 incorrect reference to a section.
18:29:31:18 It's just renumbered.
18:29:32:25 Section 27-393, this is related to the 180-day window
18:29:38:18 that people have to get through the rezoning process.
18:29:40:24 This is a clarification of that.
18:29:44:22 Currently, they have 180 days to get in and out of City
18:29:47:12 Council chambers, essentially, unless you grant them
18:29:49:21 more time.
18:29:50:06 We schedule cases now.
18:29:51:27 So cases can actually sit in our office for indefinite

18:29:55:18 amounts of time because they aren't ready to go.
18:29:58:15 We're clarifying that the 180-day window is really from
18:30:01:06 the time you apply until you're done.
18:30:04:00 Parcel notices on page 3, paragraph C-3, this is
18:30:14:21 actually directed by City Council to include a copy of
18:30:16:16 the final site plan with the good neighbor notice.
18:30:19:04 That was made a few months back, that motion.
18:30:21:04 Also, at the bottom of that page, that with your
18:30:24:03 affidavit attesting the notification, the affidavit you
18:30:26:16 turn into the clerk, normally that just includes the
18:30:29:07 photos and the list of people and the affidavit itself,
18:30:31:22 but also this now requires a copy of the letter that
18:30:34:18 you sent.
18:30:35:09 That comes into question every once in a while.
18:30:38:03 Page 4 is adding and recognizing the public art manager
18:30:42:10 to the central business district public art review.
18:30:45:15 Also, that the definition of public art is referred out
18:30:49:03 to chapter 4, which is the chapter 4 public art.
18:30:51:28 We had conflicting definitions.
18:30:53:15 That's on page 5.
18:30:54:18 Page 6 goes into the Channel District regulations.
18:31:01:12 Page 6 is a clarification.
18:31:04:09 There were minimum standards listed under A, 3.
18:31:08:09 There was A through E, the small letters, A through E.
18:31:11:15 Those minimum standards were actually well below the

18:31:15:21 standards that were adopted for design.
18:31:17:12 So what we did was recognize the diagrams already in
18:31:21:09 code properly.
18:31:22:01 Page 7, this is a clarification in the Channel District
18:31:31:01 bonus amenities that enhance landscaping.
18:31:33:15 Actually the enhancement of your streetscaping and
18:31:36:07 landscaping above what the diagrams show.
18:31:38:21 That's just a clarification for that bonus.
18:31:41:19 Also, on page 7, you'll note that there is just an
18:31:47:06 incorrect reference under South Howard.
18:31:49:04 So it's referencing the correct section.
18:31:51:10 27-465, this was at the direction of Legal Department
18:31:55:15 and Council actually made the motion to this effect to
18:31:58:22 remove the requirement of the site plan to go to the
18:32:03:06 East Tampa community revitalization partnership.
18:32:05:19 And then a follow-up on page 8 requiring it to go to
18:32:09:01 the West Tampa CDC.
18:32:10:13 That was the conflict that we had with the Sunshine
18:32:11:28 Law.
18:32:12:27 Essentially, they became part of the DRC, but they
18:32:15:09 didn't fall under -- they fell under the Sunshine Law
18:32:18:07 potentially to get that out.
18:32:19:07 It was a legal issue.
18:32:20:27 Page 9, Kennedy Boulevard corridor overlay district.
18:32:26:22 This is a shift of the light posts from the sidewalk

18:32:33:15 onto the private property.
18:32:34:15 And this is at many, many months' discussion with
18:32:38:00 D.O.T.
18:32:37:06 We've spoken with Ms. Saul-Sena about this as well.
18:32:38:15 D.O.T. has basically come back and said whatever is in
18:32:45:22 our right-of-way, I'll paraphrase this.
18:32:47:12 We don't want anything in our right-of-way unless the
18:32:49:15 city will assume responsibility and maintenance for it.
18:32:51:28 We've gotten them to agree to the brick banding, which
18:32:54:13 is part of the overlay.
18:32:56:09 So that is part of it.
18:32:57:12 There will be a resolution coming to you for that adopt
18:33:03:03 the maintenance agreement for that part of it.
18:33:04:25 The lighting, however, they basically required us to
18:33:06:28 move it back on private property, which you'll note on
18:33:09:09 page 10, you can see that it is shifted.
18:33:11:19 It is immediately adjacent to it.
18:33:13:21 Many of the developments that have come online actually
18:33:15:16 have the lights in that place, in those locations.
18:33:17:27 The new walker communications, those lights are on
18:33:23:09 private property.
18:33:23:24 The new enterprise rental car, those lights are on
18:33:27:24 private property.
18:33:28:16 This is a clarification of that requirement.
18:33:30:12 We did have many meetings.

18:33:32:28 Ms. Cole was at least one of them with the secretary of
18:33:37:21 D.O.T. of our district and the response was no, this is
18:33:41:00 the way it needs to be.
18:33:42:06 These changes reflect that.
18:33:43:28 We can certainly discuss that more.
18:33:45:24 But I only have a couple more pages.
18:33:47:16 Definitions of public art, like I said on page 12, just
18:33:50:12 referring out to chapter 4.
18:33:51:19 And that's it.
18:33:52:25 >>THOMAS SCOTT: Councilwoman Saul-Sena and councilwoman
18:33:54:24 Mulhern.
18:33:55:04 >>LINDA SAUL-SENA: Thank you.
18:33:56:06 Also, I believe trees.
18:33:57:19 The Department of Transportation doesn't want trees in
18:34:00:00 the sidewalk, correct?
18:34:01:16 >>CATHERINE COYLE: Yes, our ordinance today does not
18:34:03:22 require them in the sidewalk.
18:34:05:12 They are on private property in the current ordinance.
18:34:08:21 >>LINDA SAUL-SENA: I just want to say that our staff is
18:34:10:18 admirable.
18:34:11:06 You all met with F.D.O.T. and went to battle, and your
18:34:14:15 lack of success is not based on your skill.
18:34:16:27 It's based on their complete stubbornness,
18:34:21:00 intransigence and lack of vision.
18:34:22:22 I'm so frustrated having worked on a plan for Kennedy

18:34:25:21 for 22 years that our Department of Transportation
18:34:28:06 doesn't recognize that the great boulevards of the
18:34:30:09 world have lighting and trees as part of the public
18:34:33:27 realm.
18:34:34:16 And thing that their insistence that all that be on
18:34:37:09 private property is is incredibly shortsighted and
18:34:42:09 limited to them.
18:34:42:27 I look forward to some day getting a secretary for our
18:34:45:15 district who understands that if you're going to create
18:34:49:15 sidewalks that people want to walk down, you need to
18:34:52:03 have the light, pedestrian lighting, and you need to
18:34:54:09 have the shade trees to make it an attractive
18:34:56:16 experience.
18:34:56:24 And I want to publicly thank you and Julia for the hard
18:35:00:18 work that you did in trying to change their mind.
18:35:02:18 It isn't because of your lack of trying.
18:35:05:09 I recognize that.
18:35:05:27 Thank you.
18:35:08:01 >>MARY MULHERN: I'm trying to understand this
18:35:13:15 relationship of F.D.O.T.
18:35:16:03 Kennedy Boulevard is a state road, is that correct?
18:35:19:22 >>CATHERINE COYLE: Correct.
18:35:22:21 >>MARY MULHERN: Don't they require lighting on state
18:35:24:21 roads?
18:35:27:03 >>CATHERINE COYLE: There's a difference between

18:35:28:09 pedestrian lighting and street lighting.
18:35:29:27 The street lighting are the cobra headlights that they
18:35:33:06 put up themselves on the posts every block.
18:35:36:01 The lighting I'm talking about that's required in the
18:35:38:12 overlay is actually a pedestrian-scale light.
18:35:41:09 It's about 13.5 feet.
18:35:42:28 The other lights are 20, 25 feet high.
18:35:45:06 They are way up here at the top.
18:35:47:21 >>MARY MULHERN: So what we've been talking about on the
18:35:50:03 MPO with lighting --
18:35:52:18 >>LINDA SAUL-SENA: They are biased toward cars, not
18:35:54:25 pedestrians.
18:35:55:18 >>MARY MULHERN: Okay.
18:36:01:06 >>LINDA SAUL-SENA: They can put their lights in the
18:36:02:18 street --
18:36:03:00 >>MARY MULHERN: Right, if there hasn't been a
18:36:05:00 discussion of combining the two, we have to have two
18:36:07:06 sets of lights?
18:36:08:15 I mean, this is a design question.
18:36:11:18 >>CATHERINE COYLE: It certainly is a design question,
18:36:17:16 but also what the city wants to assume responsibility
18:36:20:15 for and what we're able to assume responsibility and
18:36:22:10 maintenance for.
18:36:26:15 >>MARY MULHERN: Sorry to drag you through this.
18:36:28:00 >>JULIA COLE: And I had the opportunity to go over to

18:36:34:04 F.D.O.T. and discuss the matter with them.
18:36:36:07 Their position was very clear about what they would
18:36:38:18 allow.
18:36:39:06 This is their right-of-way.
18:36:40:09 They control what goes in there.
18:36:42:03 You know, in terms of the sidewalk and the banding, let
18:36:46:01 me start with that.
18:36:46:28 There was a level of comfort that we got, if the City
18:36:51:01 of Tampa would accept the maintenance responsibility
18:36:53:28 over the sidewalk.
18:36:56:03 Typically, when somebody goes and puts a sidewalk or
18:36:58:07 any other amenity in the right-of-way, that is the
18:37:00:07 responsibility of F.D.O.T. if it's their right-of-way.
18:37:02:10 So they were accepting of the sidewalk, and we're going
18:37:05:27 to bring forward an agreement to that effect.
18:37:08:24 As it related to lighting, the way our code was reading
18:37:11:27 and the way it was working was it was a private
18:37:14:16 property owner who had the responsibility to both
18:37:17:18 install the lighting -- the conduit of how it would be
18:37:26:06 run and the -- that would pay for the lighting would be
18:37:29:03 run to each individual business
18:37:35:06 On Kennedy.
18:37:37:10 I can't tell you how they would react if they were the
18:37:40:15 City of Tampa doing the lighting.
18:37:41:18 They were not on any wet level to allow, even with the

18:37:46:03 maintenance obligation that conduit of light to be run
18:37:50:21 from their right-of-way to each individual property.
18:37:55:18 That was their position.
18:37:56:21 That was something they were not going to allow to be
18:37:59:10 done.
18:37:59:18 I do not know if they would take a different position,
18:38:03:09 if it was the City of Tampa installing the lights and
18:38:06:24 running those lights not to each individual property,
18:38:10:24 but I don't know, however you run lights.
18:38:13:04 I don't know what their position would be on that,
18:38:14:27 because that's not what we were talking about.
18:38:16:07 >>MARY MULHERN: So they are installing the pedestrian
18:38:18:10 lights or we are?
18:38:19:15 >>LINDA SAUL-SENA: Neither.
18:38:24:01 >> The requirement in our code, we required the trees
18:38:26:12 to be placed for the shade on private property, not
18:38:29:15 within the sidewalk.
18:38:30:24 D.O.T. wasn't going to budge on that.
18:38:32:12 This is current regulation.
18:38:33:15 The current regulation requires the tree -- I'm sorry,
18:38:37:25 the light to be -- the light is actually here in the
18:38:46:00 current regulation.
18:38:46:27 It's being moved here.
18:38:49:01 The issue really is something for us to think about as
18:38:55:15 well.

18:38:55:24 The way we do the regulation now, it's very much a
18:38:58:00 piecemeal approach.
18:38:59:18 Each person that comes in to develop does these
18:39:02:00 amenities.
18:39:03:09 Something for the city to think about as well, if this
18:39:05:24 building goes dark, that light goes off.
18:39:08:04 Does that really service the corridor as a whole.
18:39:11:06 This really is something we have to think much longer
18:39:13:24 term policy issue for us to decide.
18:39:15:22 I would think if we were going to do lights and put
18:39:18:10 them on our own grid, that's us negotiating that with
18:39:21:22 D.O.T.
18:39:22:04 It's not each individual property owner.
18:39:24:03 Probably more amenable to that.
18:39:25:15 Don't to speak for them, but typically municipalities
18:39:28:18 are able to get that done, generally, but not each
18:39:31:24 individual property owner, so it's difficult.
18:39:38:21 >>MARY MULHERN: Were you done?
18:39:40:00 >>LINDA SAUL-SENA: I was just going to say, the way we
18:39:41:27 could accomplish that is if the city were willing to
18:39:45:13 commit money to create pedestrian lighting down
18:39:47:24 Kennedy, which would be a wonderful public investment,
18:39:52:00 I think.
18:39:52:12 But we haven't gotten there.
18:39:55:03 >>MARY MULHERN: I had one other question for you,

18:39:57:00 Ms. Coyle.
18:39:58:00 27-394, public notice requirements.
18:40:02:07 A.
18:40:06:13 >>CATHERINE COYLE: What page are you on?
18:40:08:12 >>MARY MULHERN: Page 2 at the bottom, section 27-394,
18:40:12:12 public notice requirements.
18:40:13:15 A and then one and two.
18:40:16:21 The entire thing is --
18:40:24:21 >>CATHERINE COYLE: We're referring to state law.
18:40:26:03 The way we did it was very convoluted and actually we
18:40:29:27 were spending more money than we needed to for these
18:40:33:19 types of notices.
18:40:34:15 >>MARY MULHERN: Can you tell me in a nutshell what the
18:40:37:07 difference is or what the new process is?
18:40:39:07 >>CATHERINE COYLE: I can't tell you what the state law
18:40:41:10 is.
18:40:42:06 I will let Julia tell you.
18:40:49:03 >>JULIA COLE: I need to refresh my recollection over
18:40:52:01 what we're talking about.
18:40:53:06 State law has two separate requirements.
18:40:57:25 One is for any kind of amendment which impacts the
18:41:03:04 actual classification of uses in a zoning, so if you're
18:41:07:27 going to have a special use or have -- let me say
18:41:10:09 another way, if you're going to effect that kind of
18:41:12:27 grid that we have in our code, you have one type of

18:41:14:27 notice requirement.
18:41:15:24 Otherwise, all of our other amendments or another --
18:41:19:09 are another kind of notice requirement.
18:41:21:00 What it means, two newspaper notices and spending money
18:41:24:27 for two newspaper notices versus spending money for one
18:41:28:01 newspaper notice.
18:41:28:16 The minimum standard for us to have in terms of our
18:41:32:15 state law requirement, we're now requiring all of our
18:41:37:18 text amendments to go through a bigger and onerous
18:41:39:25 process.
18:41:40:03 This would take us to state law.
18:41:41:18 Save us a little money on the newspaper notice.
18:41:43:15 And I think, you know, I can understand why they did
18:41:45:18 that previously, but with all of the electronic sending
18:41:49:16 out of notices that Cathy does to than, to all of the
18:41:53:28 different Neighborhood Associations, publishing all the
18:41:57:03 public information meetings that we do, you know, there
18:41:59:13 are still going to be amendments that people will want
18:42:01:22 more notice.
18:42:02:12 But as a general matter, we really do contact a lot of
18:42:04:27 people.
18:42:05:25 >>MARY MULHERN: So we used to have to advertise for
18:42:10:07 each hearing in two different newspapers or two
18:42:12:15 different days?
18:42:14:03 >>JULIA COLE: Two different days.

18:42:15:18 Very onerous and not required under Florida law.
18:42:18:00 Again, I can probably understand why it was done at the
18:42:20:00 time when this was put in the code where you wanted to
18:42:22:09 try and get as much notice as possible.
18:42:24:12 You know, it's spending extra money where we're using
18:42:27:03 more electronic means.
18:42:28:06 It's probably more effective because how many people
18:42:32:00 look at the newspaper nowadays to determine when your
18:42:34:18 public hearings are for testimony.
18:42:36:01 >>MARY MULHERN: How long are we going to have
18:42:38:00 newspapers?
18:42:39:06 >>THOMAS SCOTT: Okay.
18:42:40:03 Anyone wish to address Council on item 3?
18:42:43:28 >>GWEN MILLER: Move to close.
18:42:44:21 >>LINDA SAUL-SENA: Second.
18:42:45:12 >>THOMAS SCOTT: All in favor, signify by saying aye.
18:42:48:25 >>LINDA SAUL-SENA: Thank you, Mr. Chairman.
18:42:50:09 I'd like to move the following ordinance for first
18:42:53:15 reading.
18:42:53:25 An ordinance of the City of Tampa, Florida, making
18:42:56:03 comprehensive revisions to City of Tampa Code of
18:42:58:09 ordinances, chapter 27, zoning; amending section
18:43:01:25 27-184, certificate of appropriateness; amending
18:43:05:03 section 27-393, procedure for amendment application;
18:43:09:15 amending section 27-394, public notice requirements;

18:43:14:09 amending section 27-440, development design approval
18:43:18:21 and procedures; amending section 27-456, development
18:43:23:28 design approval and procedures; amending section
18:43:26:12 27-456.1, designation of corridors; amending section
18:43:31:25 27-457.2, Channel District bonus methodology and
18:43:38:00 calculation; list of bonus amenities; amending section
18:43:41:09 27-461, South Howard commercial overlay district
18:43:46:07 development design standards; amending section 27-465,
18:43:51:16 East Tampa overlay design district design guidelines;
18:43:57:12 amending section 27-466, West Tampa overlay district
18:44:02:25 development design standards; amending section 27-468,
18:44:08:06 Kennedy Boulevard corridor district development design
18:44:11:03 standards; amending section 27-545, definitions;
18:44:16:16 repealing all ordinances or parts of ordinances in
18:44:18:24 conflict therewith; providing for severability;
18:44:23:03 providing an effective date.
18:44:23:06 >>THOMAS SCOTT: Is there a second?
18:44:25:27 >>MARY MULHERN: Second.
18:44:26:12 >>THOMAS SCOTT: It's been moved and seconded.
18:44:27:19 >>MARTIN SHELBY: It also changes the effective date.
18:44:31:01 >>LINDA SAUL-SENA: And also changing the effective
18:44:33:01 date.
18:44:34:00 >>THOMAS SCOTT: All in favor, signify by saying aye.
18:44:36:12 Opposed?
18:44:37:18 So moved.

18:44:38:15 >>THE CLERK: The motion carried with Miranda being
18:44:41:01 absent, Dingfelder being absent at vote.
18:44:43:27 Second reading and adoption will be on October 16th
18:44:46:03 at 9:30 a.m.
18:44:47:09 >>THOMAS SCOTT: Item number 4.
18:44:48:15 Move to open the public hearing.
18:44:49:19 All in favor, signify by aye.
18:44:51:15 [Motion Carried]
18:44:52:21 >>CATHERINE COYLE: Thank you.
18:44:54:04 Catherine Coyle, Land Development.
18:44:55:15 This is a privately initiated amendment.
18:44:57:01 Ms. Kathy Kane is here to speak on it.
18:44:59:27 Just to give you an opening to it, there are books
18:45:02:03 provided by the petitioner.
18:45:03:04 It is the ordinance that starts out section 27-77.
18:45:06:27 This does affect the table of uses that Ms. Cole was
18:45:10:06 just describing, the grid in the code.
18:45:11:25 The proposed use is an accessory dwelling unit.
18:45:17:06 Proposed as a special use 1 in the RS-60 and RS-50
18:45:22:09 zoning districts only and within a certain area only as
18:45:24:21 described, north of Sligh Avenue, south of Waters, west
18:45:27:09 of Boulevard, east of Armenia.
18:45:29:09 And I've provided you with a map that shows that
18:45:31:21 particular area.
18:45:32:09 The star in the center is actually her property.

18:45:36:12 She'll walk you through the findings in her book that
18:45:39:00 shows the concentration of these types of units in that
18:45:41:21 area.
18:45:42:06 Staff has reviewed the information as well as the
18:45:45:13 articles that she's provided on -- providing for
18:45:47:22 affordable housing and how these accessory dwelling
18:45:52:06 units help out families, the foreclosure information
18:45:54:12 that she's provided.
18:45:55:10 And we worked with her on tailoring the language to
18:45:58:27 this specific area.
18:46:00:01 We have no objections to the request at this time.
18:46:01:27 And I'll go ahead and defer to the petitioner.
18:46:09:22 >> Good evening, Council.
18:46:15:12 Thank you for the opportunity to be here this evening.
18:46:17:03 My name is Katherine Kane.
18:46:19:18 I reside at 1718 West Broad Street, Tampa, Florida,
18:46:23:01 33604 in the Lowry Park Central Community.
18:46:27:12 And that's in district 6.
18:46:29:07 As you can see on the front of the book, I was cited
18:46:32:27 for violation of an accessory dwelling unit.
18:46:37:24 At the time I bought this property, I bought it because
18:46:39:27 of that.
18:46:40:12 I had no idea that it was not a legitimate piece of
18:46:45:16 rental property.
18:46:46:06 After I was cited, I started doing some research, and I

18:46:53:21 found articles, the municipal research and services
18:46:57:27 center of Washington on affordable housing techniques,
18:47:01:04 what local governments can do.
18:47:03:18 And it led me to allowing the development of a
18:47:06:06 accessory dwelling units and a technique for providing
18:47:10:03 affordable housing which uses surplus space and
18:47:13:06 existing single-family homes.
18:47:14:04 Accessory apartments typically involve the renovation
18:47:17:27 of a garage, basement, family room, attached shed or a
18:47:21:21 similar space in a single-family home.
18:47:24:00 I found that Florida was ranked 40th out of 52 states
18:47:27:28 for affordable housing.
18:47:28:24 And I don't think I need to really get into the housing
18:47:31:19 crisis right now.
18:47:32:19 Because if you turn on TV or read the newspaper, that's
18:47:35:04 pretty much the subject of conversation.
18:47:38:00 When I first started this book, it was to show the
18:47:43:13 widespread accessory dwelling units, how popular they
18:47:47:12 have become in the past few years with the mortgage
18:47:49:19 crisis and homeowners insurance.
18:47:52:04 And how I came about getting these photos was I started
18:47:56:09 driving around the neighborhood.
18:47:57:12 And I went within a two-mile radius of my home within
18:48:01:00 my district.
18:48:01:18 And I called realtors asking them for information on

18:48:07:25 houses for sale with mother-in-law rentals on them.
18:48:11:18 I looked in the Tribune, the flier, Craig's list,
18:48:15:21 anywhere that I could to find these units.
18:48:17:25 And I went around to each one of them.
18:48:19:24 And tried to use best discretion I could.
18:48:24:06 What I found, most of the units are in the same
18:48:28:22 situation that I am.
18:48:29:19 They are not authorized for use.
18:48:31:06 I pulled the property tax records of these units after
18:48:36:06 I made sure that they were actually lived in p by
18:48:39:04 someone.
18:48:39:15 Most of them you could see had a satellite dish and air
18:48:42:21 conditioning unit.
18:48:43:21 You know, usually you don't put that in your garage.
18:48:45:22 And then I would watch someone walk in with a bag of
18:48:48:21 groceries, so I assumed that someone actually resided
18:48:50:25 in that.
18:48:51:10 When the property tax records indicated that that was
18:48:53:21 actually a two-car garage added to their home in 1970.
18:48:57:24 That's just one example.
18:48:59:09 So I started taking photographs, and at that point, it
18:49:04:04 didn't really -- it was no longer an issue about me
18:49:07:03 personally.
18:49:07:13 It became a community issue with me.
18:49:09:19 Because I found that as I went through these -- this

18:49:13:19 area, the people that had these accessory dwelling
18:49:16:24 units actually took pride in their property.
18:49:20:06 And they had well-maintained homes.
18:49:22:18 And I felt that was an asset for the community.
18:49:24:21 And I did a comparison in the back of the book.
18:49:26:28 But to start out, if you want to look at section 1,
18:49:30:09 that is my home and my tax records.
18:49:33:06 That's the main house.
18:49:37:27 And after that page is my rental.
18:49:40:03 After I decided to rent my property in 2004, I have
18:49:50:21 been paying an additional $1200 per year in property
18:49:53:24 taxes to Hillsborough County for this unit.
18:49:55:22 Section 2, basically, is just some statistics.
18:50:03:21 I'm sure we don't need to go through that, because like
18:50:06:01 I said, everyone is quite aware of the housing crisis
18:50:08:15 right now.
18:50:09:07 I believe there's 14,900 foreclosures in Hillsborough
18:50:12:10 County at this time.
18:50:13:03 In section 3, there is a map of Lowry Park central.
18:50:19:06 Each red dot is where the houses that I found that did
18:50:22:25 not meet the criteria on the way the law is now.
18:50:27:22 And I do have those addresses.
18:50:30:03 I intend to keep them to myself.
18:50:32:09 I am not here to get anyone else in the same situation
18:50:35:00 that I'm in.

18:50:36:00 I just use those for my own personal reference.
18:50:39:09 And after that are some tax records and photographs of
18:50:44:12 where these red pin marks are to show where these
18:50:47:10 accessory dwelling units were found that did not
18:50:49:24 comply.
18:50:50:04 I furthered my study a little bit more by going a
18:50:55:01 little bit out of my district into Seminole Heights,
18:50:57:15 which is in section 4.
18:50:59:18 Of course, we know that's a historical place.
18:51:02:18 They have a lot of older homes that are totally within
18:51:06:21 the law to have these units on their property.
18:51:09:27 But I did find several more within a very small radius
18:51:15:03 that were in the same situation that I'm in right now.
18:51:17:06 And my final section, section 5, are just photographs
18:51:28:22 that were actually maybe next door, across the street,
18:51:33:18 or two houses down from the homes that I found that
18:51:34:01 were noncompliant accessory dwelling units.
18:51:37:21 This is how I ended up the whole thing.
18:51:39:18 I actually looked at these homes and their property and
18:51:42:06 how they were maintained versus the homes that I looked
18:51:46:21 at that had illegal accessory dwelling units on them.
18:51:52:03 And I just saw the difference in the way that people
18:51:54:10 took pride in their home.
18:51:55:18 And I would much rather be someone in my community
18:52:01:09 living next door to a home such as my own with an

18:52:04:00 accessory dwelling unit than I would be living next
18:52:07:12 door or across the street looking at some of the way
18:52:13:10 these other homes are taken care of.
18:52:15:19 That's what this is all about.
18:52:34:06 >>LINDA SAUL-SENA: When you bought your home, was the
18:52:37:07 accessory building there?
18:52:38:15 >> Yes, ma'am.
18:52:38:21 >>LINDA SAUL-SENA: And was it rented when you bought
18:52:41:09 it?
18:52:41:27 >> No.
18:52:42:09 But I did buy it because it was a potential rental.
18:52:45:10 And I bought it to perhaps one day put my family in it.
18:52:49:12 My mother and father.
18:52:51:18 >>LINDA SAUL-SENA: Did you know that this wasn't
18:52:53:04 something that we allow?
18:52:54:27 >> No, I did not.
18:52:56:21 >>LINDA SAUL-SENA: Did you ask?
18:52:58:03 >> No, actually, I assumed.
18:52:59:21 And I know playing dumb doesn't work, and that's not
18:53:02:24 what I'm trying to do.
18:53:04:03 I assumed that when you own your property, which you
18:53:08:25 put on your -- what you put on your property is at your
18:53:12:06 discretion.
18:53:12:21 I really had no idea that you could not have a rental.
18:53:15:21 And the reason I never questioned it as well is the

18:53:19:10 person across the street from me who I bought my
18:53:22:04 property from has rentals on their property.
18:53:24:28 And they were built in 1970.
18:53:26:21 My house was built in 1955.
18:53:28:27 So I never really thought to question it.
18:53:34:22 >>THOMAS SCOTT: Anyone else?
18:53:35:21 Anyone from the public wish to address Council?
18:53:39:21 >>GWEN MILLER: Move to close.
18:53:40:10 >>LINDA SAUL-SENA: Wait.
18:53:41:06 I don't want to close.
18:53:42:00 I need to ask staff.
18:53:45:00 I've been around for a long time when we had a big
18:53:50:24 conversation about, you know, what we called
18:53:52:24 mother-in-law flats, allowing somebody in back to put a
18:53:55:22 family member in the back portion.
18:53:57:15 And we've had major conversations like this over time.
18:54:00:27 And if we were to open this up citywide, we would be --
18:54:06:18 it would be a packed house, crowded with lots of folks.
18:54:12:24 Could you just share with perhaps the Council members
18:54:15:21 who weren't around for those earlier lively
18:54:18:19 conversations what the sentiment of the community is?
18:54:22:12 >>CATHERINE COYLE: I believe each community is a little
18:54:24:18 different, actually.
18:54:25:18 I think, certainly, if you go into, especially south of
18:54:28:04 Kennedy on the western side of the peninsula, it's much

18:54:30:15 different.
18:54:30:27 They purely believe in their single-family homes on
18:54:33:21 their single-family lots.
18:54:35:09 You've seen cases over there for home occupations and
18:54:39:15 extended family residences that came on appeal that
18:54:41:24 have been denied because of the opposition.
18:54:43:16 However, and I must say, she did an excellent amount of
18:54:47:03 research.
18:54:47:15 She really did.
18:54:48:07 You look in Seminole Heights, particularly which is
18:54:50:27 just a little bit to the east of where her neighborhood
18:54:52:16 is, and there's a high concentration of these carriage
18:54:56:06 houses or these garage apartments.
18:54:57:21 They are all illegal.
18:55:02:06 All illegal.
18:55:02:27 East Tampa, West Tampa.
18:55:05:04 A lot of the older parts of the city that have these
18:55:07:21 units that are just not legal by our code.
18:55:09:18 And they are in code enforcement constantly.
18:55:11:09 They came forward for her particular area and is
18:55:13:18 showing a concentration of them.
18:55:14:27 And the evidence that she produced, I didn't see any
18:55:17:10 reason to object because they are all very well
18:55:19:16 maintained.
18:55:20:06 >>LINDA SAUL-SENA: If we approve this, can we approve

18:55:22:09 it just for this area?
18:55:23:22 >>CATHERINE COYLE: It is specifically for this area.
18:55:25:06 >>THOMAS SCOTT: Let me point out also in Hillsborough
18:55:27:06 County --
18:55:29:28 >>CATHERINE COYLE: That's a big point, I must say.
18:55:32:10 >>THOMAS SCOTT: It is legal in Hillsborough -- we
18:55:34:21 approved that.
18:55:36:04 >>CATHERINE COYLE: Here is the irony, I used to work
18:55:38:07 for the county as a planner.
18:55:39:15 The irony is in the county you can have an accessory
18:55:42:09 dwelling unit by a special use permit.
18:55:44:06 You can.
18:55:44:16 You can set up a trailer in the back of the house if
18:55:46:24 you have the right zoning.
18:55:47:24 City and urban environment, you're not allowed to have
18:55:49:24 them.
18:55:50:07 That's the irony in the regulation.
18:55:57:15 >>MARY MULHERN: You're the attorney I see.
18:56:01:00 I don't know where Julia went.
18:56:03:12 >>MARTIN SHELBY: What was the question?
18:56:04:12 >>MARY MULHERN: Well, my question, if we approve this
18:56:09:01 for these neighborhoods, you're talking about --
18:56:13:00 >>MARTIN SHELBY: If I direct your attention to the
18:56:14:18 ordinance on page 2, it says the accessory dwelling
18:56:19:21 unit use is limited to the area of city north of Sligh

18:56:23:18 Avenue, south of Waters, west of Boulevard, and east of
18:56:30:27 Armenia.
18:56:33:21 >>MARY MULHERN: That's the outline you gave us.
18:56:35:24 This is the thing.
18:56:36:19 Cathy, I disagree with you.
18:56:39:00 I don't think that the accessory dwellings are as
18:56:42:25 prominent south of Kennedy, but south of Gandy, the
18:56:46:19 neighborhoods look a lot like this.
18:56:48:04 And I think there are a lot of them.
18:56:49:27 I'm just -- I think this is a great idea.
18:56:54:03 I'm just wondering if we do this, if it doesn't become
18:56:59:27 something -- I mean, are you intending to present this
18:57:03:19 as something larger?
18:57:04:22 Because I know there are going to be other people
18:57:09:09 coming in asking for the same thing.
18:57:11:18 >>CATHERINE COYLE: At this point, I have not drafted
18:57:13:21 anything to bring it to any other area of the city with
18:57:16:04 the exception of the thought to legalize the ones
18:57:18:07 within the Seminole Heights area with the new plan
18:57:20:15 that's coming forward and recognizing the existing
18:57:22:24 architecture.
18:57:23:06 But from there, I have no other plans to do anything.
18:57:25:27 And I haven't been approached by anyone to do it.
18:57:29:21 >>MARY MULHERN: We regularly get these questions, the
18:57:33:15 appeal hearings from the variance review board when the

18:57:36:00 variance review board says, no, you can't have your
18:57:39:09 variance.
18:57:39:21 And a lot of times they are like yours, where that's
18:57:43:24 what that accessory building has been used for.
18:57:46:10 It's been in use for years, and we had somebody from
18:57:48:28 south Tampa just last week who had an existing
18:57:52:25 building, I think attached to her house.
18:57:54:28 And she just wanted the code to reflect that it was
18:57:57:16 okay, because she didn't know that she didn't fit the
18:58:02:25 code.
18:58:03:10 So I just -- I think this is going to be bigger if we
18:58:07:00 approve this.
18:58:07:15 Julia, did you hear what I was saying?
18:58:11:06 I'm just wondering about this, if we approve this in
18:58:16:12 this one neighborhood or this one area, what does that
18:58:20:27 mean for us and the rest of the city where other
18:58:23:15 people --
18:58:24:21 >>JOSEPH CAETANO: I think we have to play each one as
18:58:27:07 they come in.
18:58:27:22 >>JULIA COLE: Certainly, another area can come in and
18:58:32:22 apply for this, and I think if they have reasons that
18:58:34:03 are justifiable, if you believe the petitioner is, and
18:58:37:22 you would have to amend the code from that perspective,
18:58:39:12 I think there's probably enough in this record to
18:58:42:28 distinguish this from other situations, but, yes, be

18:58:46:00 aware, another area comes in and they have a similar
18:58:48:15 set of circumstances, it will put you in the position
18:58:53:15 of having to amend the code to allow that.
18:58:55:21 >>MARY MULHERN: I feel it becomes a big policy
18:58:57:21 decision.
18:58:58:09 I also want to clarify what we're doing here.
18:59:00:16 We are saying in that area that nonconforming accessory
18:59:07:07 structures being used as dwelling units all become
18:59:15:00 legal?
18:59:15:12 What are the restrictions?
18:59:19:16 >>CATHERINE COYLE: They are actually on page 2 as well.
18:59:23:03 Catherine Coyle, land development, for the record.
18:59:24:00 What you're saying here, right now we have extended
18:59:24:24 family residences which restrict the occupant to a
18:59:27:15 blood relative or adoption or something like that.
18:59:29:10 It's generally referred to as a mother-in-law suite.
18:59:32:15 This allows it to be rented to someone not necessarily
18:59:37:01 in your family.
18:59:37:28 Essentially, as Ms. Kane said to supplement the income
18:59:41:21 and pay for property taxes.
18:59:43:21 That's the difference.
18:59:44:22 Doesn't necessarily else have to be a relative and
18:59:46:21 you're able to rent it.
18:59:48:12 >>MARY MULHERN: Well, that makes a lot of sense to me
18:59:51:28 in general.

18:59:52:24 And -- because a lot of people do come in here and say,
18:59:56:21 you know, I have this dwelling, but it's not -- what is
18:59:59:10 it supposed to be, 600, less than 600?
19:00:01:24 >>CATHERINE COYLE: 600 square feet.
19:00:04:07 >>MARY MULHERN: Many, many of them throughout the city
19:00:06:00 are bigger than that.
19:00:08:09 >>CATHERINE COYLE: You've had many appeals more than
19:00:10:25 600.
19:00:11:28 It's existing.
19:00:12:13 >>MARY MULHERN: I think it's a great idea.
19:00:14:15 It's just, you know, kind of cleaning up the code on
19:00:17:00 that particular thing.
19:00:17:27 I guess if we do this as a sort of pilot.
19:00:24:03 But I don't think we should -- I think maybe we need to
19:00:29:18 change the code on those units in general.
19:00:37:03 >>GWEN MILLER: Ms. Coyle, does this have to be noticed
19:00:38:28 to the neighborhood?
19:00:39:21 >>CATHERINE COYLE: It's a special use 1, it is an
19:00:42:01 administrative approval.
19:00:42:21 If they meet the criteria it's approved.
19:00:44:12 If they don't, they can appeal to city council, and
19:00:46:09 that would be noticed.
19:00:47:04 >>GWEN MILLER: Now, if someone else came, they would
19:00:49:15 have to come before Council, we'd have to approve
19:00:51:21 theirs.

19:00:52:00 They can't go ahead and do it without our approval.
19:00:54:03 >>CATHERINE COYLE: Outside of this area?
19:00:55:28 >>GWEN MILLER: Yes.
19:00:56:21 >>CATHERINE COYLE: Outside of this area, it would have
19:00:58:27 to be a relative that lives in it.
19:01:00:19 They couldn't collect rent.
19:01:01:22 It would be limited to 600 square feet.
19:01:03:24 It would follow the current code.
19:01:06:18 >>LINDA SAUL-SENA: Move to close.
19:01:09:09 >> I think one of the key issues --
19:01:11:12 >>THOMAS SCOTT: Ma'am, thank you.
19:01:12:27 >> I'm sorry.
19:01:13:15 >>THOMAS SCOTT: Moved to close.
19:01:15:03 Do I have a second?
19:01:16:00 All in favor, signify by saying aye.
19:01:18:06 Mr. Caetano.
19:01:23:21 >>JOSEPH CAETANO: Do you want to fill out an
19:01:25:01 application?
19:01:25:21 The city could use you.
19:01:27:09 You did a great job.
19:01:28:09 I commend you.
19:01:29:01 You spent a lot of money and a lot of time.
19:01:37:24 [ LAUGHTER ]
19:01:38:19 >>THOMAS SCOTT: Would you read the ordinance, please,
19:01:41:00 sir?

19:01:41:06 Number 4.
19:01:46:09 >>JOSEPH CAETANO: An ordinance being presented for
19:01:48:06 first reading for consideration, ordinance of the City
19:01:50:07 of Tampa, Florida, making comprehensive revisions to
19:01:52:28 City of Tampa Code ordinances chapter 27, zoning
19:01:55:19 amending section 27-77 official schedule of district
19:02:00:00 regulations amending section 27-272, regulations
19:02:05:12 governing individual special use, repealing all
19:02:07:22 ordinances or parts of ordinances in conflict
19:02:11:22 therewith, providing severability, providing an
19:02:15:15 effective date.
19:02:16:00 >>MARTIN SHELBY: I believe this one also needs to have
19:02:17:24 the effective date amended as well.
19:02:19:24 >> Yes, that's correct.
19:02:20:13 >>THOMAS SCOTT: It's been moved and seconded.
19:02:22:12 Second by Councilwoman Saul-Sena.
19:02:24:03 All in favor, signify by aye.
19:02:25:18 Opposed?
19:02:26:21 So moved.
19:02:27:03 >>THE CLERK: The motion carried with Miranda being
19:02:28:09 absent, Dingfelder being absent at vote.
19:02:31:15 Second reading and adoption will be on October 16,
19:02:35:18 9:30 a.m.
19:02:36:12 >> Item 5.
19:02:36:15 >>CATHERINE COYLE: This is really, really easy,

19:02:38:16 Council.
19:02:39:25 This is the ordinance, item number 5, chapter 17.5, as
19:02:44:01 before in the comprehensive changes, we require that a
19:02:46:21 copy of the letter be submitted as part of a notice.
19:02:49:12 This is simply changing that in 17.5 as well.
19:02:53:01 This chapter has the notice requirements for all the
19:02:55:21 variance review boards.
19:02:56:21 So it's just clarifying the copy of letter submitted
19:03:00:04 for notice as well.
19:03:01:00 >>THOMAS SCOTT: Anyone from the public want to address
19:03:03:00 council on item 5?
19:03:05:01 >>LINDA SAUL-SENA: Move to close.
19:03:07:09 >> Second.
19:03:07:21 >>THOMAS SCOTT: All in favor, signify by aye.
19:03:10:03 Ms. Mulhern, would you read number 5, please.
19:03:24:21 >>MARTIN SHELBY: Did you ask if anybody wanted to
19:03:27:09 speak?
19:03:27:27 >>THOMAS SCOTT: Yes, I did.
19:03:28:24 >>MARY MULHERN: I move an ordinance on first reading,
19:03:31:04 an ordinance of the City of Tampa, Florida, making
19:03:33:03 comprehensive revisions to City of Tampa Code of
19:03:35:19 ordinances chapter 17.5, planning and Land Development;
19:03:39:03 amending section 17.5-75 administration; notice; public
19:03:44:28 hearing; decision; repealing all ordinances or parts of
19:03:47:24 ordinances in conflict therewith; providing for

19:03:50:15 severability; providing an effective date.
19:03:52:00 >>THOMAS SCOTT: Do we have a second?
19:03:53:25 >>LINDA SAUL-SENA: Second.
19:03:54:10 >>THOMAS SCOTT: Moved and seconded by Councilwoman
19:03:57:10 Saul-Sena.
19:03:58:03 All in favor, signify by aye.
19:03:59:15 [Motion Carried]
19:04:01:07 >>THE CLERK: Motion carried with Miranda absent and
19:04:03:10 Dingfelder absent at vote, second reading and adoption
19:04:06:06 October the 16th at 9:30 a.m.
19:04:09:19 >>GWEN MILLER: Move to open item 6.
19:04:11:07 >>LINDA SAUL-SENA: Second.
19:04:11:27 >>THOMAS SCOTT: All in favor, signify by saying aye.
19:04:14:00 Anyone who is going to address Council for the rest of
19:04:16:16 the items need to be sworn, would you stand, please,
19:04:18:24 and raise your right hand.
19:04:20:01 If you're going to speak to Council, address council on
19:04:22:22 all of the remaining items, if you're going to be
19:04:25:27 talking to Council.
19:04:31:13 (Oath administered by clerk).
19:04:36:00 >>THOMAS SCOTT: Item 6.
19:04:46:15 >> Good evening, Mr. Chairman.
19:05:09:06 Council members, LaChone Dock, Land Development
19:05:11:09 Coordination.
19:05:12:21 On tonight's agenda, there is one item to be removed

19:05:15:21 from the agenda, which is item number 7.
19:05:18:06 To be rescheduled for November 13th at 6 p.m.
19:05:22:16 >>LINDA SAUL-SENA: So moved.
19:05:24:04 >>GWEN MILLER: Move to open.
19:05:25:15 >> Second.
19:05:26:15 >>MARTIN SHELBY: That can't be heard.
19:05:28:28 >>GWEN MILLER: She said she'll continue --
19:05:30:21 >>MARTIN SHELBY: They'll renotice it for that date.
19:05:33:03 Just to reschedule it.
19:05:36:21 >>LINDA SAUL-SENA: Second.
19:05:38:07 >>THOMAS SCOTT: It's been moved and seconded.
19:05:39:15 All in favor, signify by aye.
19:05:41:07 [Motion Carried]
19:05:44:03 >>LaCHONE DOCK: And all the other items, three other
19:05:47:25 items tonight.
19:05:48:21 >>THOMAS SCOTT: Item 6.
19:06:03:22 >>LaCHONE DOCK: LaChone Dock, Land Development
19:06:05:18 Coordination.
19:06:06:27 I have been sworn.
19:06:07:15 The first item on tonight's agenda is petition V 08-62.
19:06:11:00 It's for the property located at 3008, 3010, 3102 East
19:06:16:12 lake Avenue and 3703, 3707 and 3717 North 30th
19:06:22:03 Street.
19:06:22:15 The property is currently zoned RS-50 residential
19:06:25:27 single-family and CN, commercial neighborhood.

19:06:27:15 The proposed special use is for a place of religious
19:06:30:09 assembly.
19:06:30:21 The petitioner is requesting special use approval to
19:06:33:18 provide additional parking and allow additional space
19:06:36:24 for office and fellowship uses for an existing place of
19:06:41:16 religious assembly.
19:06:42:21 The 2.5-acre site is bordered by residential to the
19:06:46:21 north, south and east and vacant commercial residential
19:06:48:24 mixed use to the west.
19:06:49:24 The current place of assembly contains 15,378 square
19:06:55:09 feet.
19:06:56:01 This request is to allow the addition of two modular
19:06:59:00 buildings and two frame structures for office and
19:07:02:09 fellowship uses.
19:07:03:12 The proposed use requires 165 spaces based on the
19:07:07:25 500-seat capacity, and 101 spaces are being provided
19:07:12:12 with the waiver for the deficient spaces.
19:07:15:28 I have an aerial of the site.
19:07:22:27 The zoning -- this is the property located in green.
19:07:28:00 This is lake just south of the property, bordering the
19:07:32:25 property on the west is 30th.
19:07:35:03 And MLK is north.
19:07:37:07 Of the site.
19:07:38:24 Predominantly RS-50 zoning in that area with this small
19:07:43:18 piece being CN.

19:07:45:09 Commercial neighborhood.
19:07:46:01 And this is an aerial of the site.
19:07:53:18 This is the site located on the lake.
19:08:06:15 This is the eastern view of the site.
19:08:14:25 Another view of the east.
19:08:19:03 This is the single-family residence located east of the
19:08:21:15 site on lake.
19:08:22:24 This is the commercial located southeast of the site.
19:08:29:19 This is south of the site.
19:08:36:13 Another view south of the site.
19:08:42:06 Southwest of the site.
19:08:47:25 This is west of the site on lake.
19:08:54:06 This is the small -- and this is the site on 30th
19:09:00:13 Street.
19:09:00:24 Another view on 30th.
19:09:05:28 And the most northern portion of the site on 30th
19:09:11:12 Street.
19:09:11:24 The development review committee has reviewed the
19:09:17:19 petition and finds it inconsistent with applicable City
19:09:19:27 of Tampa Land Development regulations.
19:09:22:12 However, the applicant revised the site plan with the
19:09:24:27 required notes in site plan revisions between first and
19:09:28:03 second reading.
19:09:28:18 The DRC will amend its determination and find the
19:09:34:09 petition consistent.

19:09:34:27 Council, I did hand out a site plan revision sheet
19:09:38:18 that's entitled V 08-62.
19:09:43:12 I have provided the petition we are a copy of the
19:09:49:10 revision.
19:09:57:00 >>LINDA SAUL-SENA: My question is, in the notes, it
19:10:01:06 says that the petitioner needs to show basically what
19:10:03:22 the trees are on-site and to identify them and to make
19:10:07:24 sure that they're protected within certain radiuses.
19:10:11:12 My question is, if they haven't done that, then how do
19:10:13:27 we know that the site plan works?
19:10:18:27 >>LaCHONE DOCK: Actually, on this site plan, they have
19:10:20:15 shown some protective radius.
19:10:22:07 What happened, it's just that some of the trees were
19:10:24:28 misidentified.
19:10:25:21 So to cover them, they have -- they have already shown
19:10:30:12 the protective radius on some of them.
19:10:31:27 And some of the ones that were misidentified, they have
19:10:35:09 actually provided more of the protective radius than
19:10:37:25 they should.
19:10:38:10 They just need to correct it, so we covered it by
19:10:40:25 putting the general statement for all of them.
19:10:46:00 >>THOMAS SCOTT: Let me ask a question.
19:10:47:22 I'm familiar with the site, drove by it yesterday as
19:10:50:00 well.
19:10:50:15 Don't they already have grass parking as well at this

19:10:52:21 site?
19:10:53:24 >>LaCHONE DOCK: Yes.
19:10:55:10 >>THOMAS SCOTT: They already have grass parking.
19:10:57:09 I mean, why do they need a waiver now?
19:11:00:00 >>LaCHONE DOCK: Well, the request -- today's request
19:11:03:12 for the special use is to add in the additional parcels
19:11:07:07 for the mobile buildings located west on the site plan.
19:11:11:00 So they just grouped it all in and they have to provide
19:11:13:07 the parking for all of those.
19:11:16:01 >>THOMAS SCOTT: Okay.
19:11:17:04 Planning Commission?
19:11:17:15 Thank you.
19:11:19:06 >> TONY GARCIA: Thank you.
19:11:29:24 Good evening.
19:11:30:06 Mr. Shelby, I have not been sworn in.
19:11:35:13 (Oath administered by clerk).
19:11:35:21 Just several additional comments.
19:11:52:00 Several additional comments to add on to what's already
19:11:55:24 been presented to you this evening.
19:11:57:09 From a comprehensive plan aspect, you have three
19:12:01:12 predominant land use categories in THIS AREA.
19:12:04:06 Residential 20, CMU-35 along 29th Street.
19:12:08:25 And you have residential 10 to the south.
19:12:10:28 So this area is pretty much residential in character.
19:12:13:12 One can see depicted by the aerial here.

19:12:16:18 We know that this as an existing use as Ms. Dock
19:12:21:06 already stated to you this evening.
19:12:24:00 The request is expansion for ancillary uses to the west
19:12:26:24 of the site.
19:12:27:09 As you can see, here's a church.
19:12:29:09 There are a variety of other supporting uses.
19:12:31:00 You can't see it on the map, but there are some public,
19:12:33:21 semi-public uses to the east, and there's a -- there is
19:12:37:15 a park not too far in close proximity to the east of
19:12:40:21 the site.
19:12:41:16 The residential 20 land use category, which is the
19:12:44:03 underlying land use category for the particular church
19:12:46:16 does allow a variety of uses, which includes
19:12:49:00 professional office and neighborhood commercial uses as
19:12:51:24 well as community serving issues such as day care
19:12:55:12 centers, churches, assisted living facilities, which
19:12:58:13 are allowed in all the residential land use categories.
19:13:01:18 Planning Commission staff found the proposed request
19:13:03:15 consistent with the comprehensive plan.
19:13:06:07 >>THOMAS SCOTT: Thank you, sir.
19:13:07:04 Petitioner? State your name and address for the
19:13:12:09 record.
19:13:13:09 >> Good evening.
19:13:14:16 Mark Jones.
19:13:15:01 Manifestations Worldwide.

19:13:17:07 3102 East Lake Avenue.
19:13:20:19 >>THOMAS SCOTT: Anything you want to add?
19:13:22:07 >> No.
19:13:22:19 Just looking to continue expanding our services to our
19:13:25:12 community.
19:13:26:24 >>THOMAS SCOTT: Thank you.
19:13:27:24 You're doing a great job there.
19:13:29:15 Beautiful piece of property.
19:13:31:00 >> Thank you so much.
19:13:34:27 >>THOMAS SCOTT: Anyone from the public object to this
19:13:37:15 process?
19:13:38:00 You're in objection?
19:13:38:19 Come forward.
19:13:46:07 >> Thank you.
19:13:47:21 My objection to --
19:13:48:24 >>THOMAS SCOTT: State your name for the record, please.
19:13:51:12 >> I'm a homeowner on north 31st Street.
19:13:53:19 The name is Wilma Bryant.
19:13:56:24 The objection to the project may be because my
19:13:59:10 ignorance because what I have heard is that they are
19:14:04:27 planning on doing a residential for drug abuse women,
19:14:12:15 and that the people who would be counseling these women
19:14:15:15 would be members of the church, which means that we're
19:14:20:21 going to have a traffic problem, and we do have a
19:14:24:06 traffic problem now.

19:14:25:12 If you would look at the overview that they showed.
19:14:31:03 Our street comes directly in behind the church, and
19:14:34:09 they have put up a brick -- not a brick, but a privacy
19:14:41:27 wall, fence.
19:14:44:12 And frequently, and I think from what the neighbors
19:14:47:06 have told me, people have been climbing that fence and
19:14:53:15 breaking not only into all of the houses on our street,
19:14:57:09 but also into the church.
19:14:59:21 So we have a problem in our neighborhood, which there
19:15:04:15 are a lot of homeless.
19:15:07:00 There are a lot of drugs.
19:15:09:04 There are a lot of traffic problems.
19:15:11:13 And to add additional to this, I have no problem with
19:15:15:07 the services that he's providing, but I do have a
19:15:18:24 problem with the idea that there would be a residential
19:15:23:12 where children would be and where there would be no
19:15:26:27 in-house counseling or maintenance on a regular basis,
19:15:31:03 because some of those residents, and I do know because
19:15:35:01 I used to be a drug abuse counselor in New York City,
19:15:41:25 have sexual background.
19:15:43:27 And those people need to be attended to very carefully.
19:15:47:16 And to have people in that kind of environment.
19:15:50:00 And we are only a family environment.
19:15:53:15 We're single homes.
19:15:54:24 I'm sorry.

19:15:55:09 I sound like I'm getting nervous.
19:15:57:06 I am.
19:15:57:18 Because it's very personal to me.
19:15:59:06 It disturbs me.
19:16:02:12 Traffic, drug abuse women with children.
19:16:05:10 People who are in the congregation who are counseling,
19:16:09:06 who are not as residents.
19:16:12:06 Limited -- these are some of the things.
19:16:15:21 I'm only talking from what I'm hearing, not because
19:16:19:00 I've been privy to any of the information you-all have.
19:16:22:27 Thank you.
19:16:26:06 >>THOMAS SCOTT: Thank you.
19:16:27:12 All right.
19:16:27:22 I heard him say, my understanding, this is for a
19:16:32:00 fellowship hall and recreation, is that correct?
19:16:36:15 >> With respect to the information that our neighbor
19:16:38:27 received, in regards to the property located at 3717
19:16:44:15 north 30th, our intention is to provide a
19:16:49:06 transitional haven for women who are struggling to get
19:16:54:00 on their feet.
19:16:55:00 Some of the rules of the program is that they cannot be
19:16:59:03 drug offenders.
19:17:01:27 To those, we refer them to programs where adequate
19:17:04:15 individuals can help.
19:17:05:15 This is for individuals who are just out of a job or

19:17:12:04 been out of work.
19:17:12:27 They must be working by the time they get into the
19:17:14:27 program.
19:17:15:09 They cannot be drug offenders, sex offenders or any
19:17:18:03 other.
19:17:18:18 There are background checks performed for the program.
19:17:21:09 And so these are upstanding citizens who just happen to
19:17:26:04 fall on bad times and need a little hand, particularly
19:17:29:06 geared toward women.
19:17:30:10 >>THOMAS SCOTT: Thank you, pastor Jones.
19:17:34:21 >>MARY MULHERN: I just want you to be clear.
19:17:36:19 You're planning for these to be residential, though,
19:17:39:06 overnight they are staying there?
19:17:41:06 >> This one particular facility, yes.
19:17:44:27 >>MARY MULHERN: One of the two?
19:17:48:15 >> This is one of the preexisting properties.
19:17:51:01 This isn't one of the new sites.
19:17:52:24 This is one of the preexisting properties.
19:17:54:15 And it currently can only facilitate three people.
19:18:00:12 So we're not talking about major traffic.
19:18:02:18 , and there is adequate parking -- there's a fenced-in
19:18:08:28 lot right next door which will facilitate any cars
19:18:12:28 there.
19:18:16:27 >>MARY MULHERN: I have a question for zoning to
19:18:18:12 understand.

19:18:18:24 Is that allowable under place of religious assembly?
19:18:25:12 Because the current zoning almost seems -- I guess the
19:18:29:06 church needs to be zoned for religious assembly, but
19:18:34:27 the accessory structure, is that allowable under that
19:18:39:18 religious assembly zoning?
19:18:41:21 >>LaCHONE DOCK: LaChone Dock, Land Development
19:18:43:12 Coordination.
19:18:44:18 Not for them to stay overnight.
19:18:46:16 Only for as part of an assembly to have meetings as
19:18:50:22 part of the place of assembly.
19:18:52:10 But I wasn't aware that they were going to have that
19:18:57:21 service there.
19:19:00:00 >>MARY MULHERN: What would be the zoning that would
19:19:01:21 make that acceptable?
19:19:06:03 >>CATHERINE COYLE: Catherine Coyle, Land Development,
19:19:07:25 for the record.
19:19:08:03 It becomes a professional residential facility, which
19:19:10:27 these types of treatment facilities are.
19:19:13:18 They've been requested at other church-type facilities
19:19:16:06 and other community facilities.
19:19:17:15 Generally, a special use 2 depending on the zoning
19:19:21:06 district.
19:19:22:09 Unfortunately, they didn't ask for that specific use
19:19:26:06 with this request.
19:19:26:21 It might be something we can go back and look at.

19:19:29:01 Certainly, if they are just having their daily
19:19:30:09 counseling, and things, general church counseling,
19:19:32:15 that's fine.
19:19:33:04 But they cannot stay overnight without an additional
19:19:35:15 approval.
19:19:38:07 >>THOMAS SCOTT: Let me open up since we had one
19:19:41:18 objection, let me hear from anyone else who wants to
19:19:44:18 speak.
19:19:45:06 Want to come speak in support of or objection.
19:19:48:00 State your name and address for the record.
19:19:49:15 >> Hi.
19:19:49:27 My name is Roberta Isaac.
19:19:52:10 3711 North 31st Street.
19:19:54:25 My concern also was I live behind the church.
19:19:59:15 My concern is on the opposite side, I believe it's
19:20:02:09 30th Street, there's a train track over there.
19:20:05:07 Has anybody looked into how much traffic there would be
19:20:09:16 coming in and out?
19:20:12:15 Do they take that into account?
19:20:14:10 Has that been done as of yet?
19:20:16:27 That was basically my concern as well the other issues
19:20:21:13 as far as people jumping the fence.
19:20:23:06 They are jumping my fence to go over his fence.
19:20:27:01 We've all been broken into.
19:20:30:06 So it's a constant.

19:20:33:12 Thank you.
19:20:33:18 >>THOMAS SCOTT: Understand where they are located.
19:20:38:15 Let me give you a very vivid picture.
19:20:40:16 Number one, several churches right there together.
19:20:43:04 I'm telling you.
19:20:44:00 That's number one.
19:20:45:15 Number two, they are right at 29th and lake.
19:20:47:25 If you're familiar with 29th and lake, you know what
19:20:51:27 I'm talking about.
19:20:53:00 You can't attribute the break-ins to the church and
19:20:56:19 what they are doing in terms of ministry.
19:20:58:15 I want you to be clear of that.
19:21:00:00 You need to know where this church is located.
19:21:02:22 And they are only about a block away, not quite even a
19:21:05:25 block away from 29th and lake.
19:21:09:09 I just want you to understand that.
19:21:10:24 And also, a lot of churches in the area doing it.
19:21:13:27 I know St. John also is doing a transitional house,
19:21:17:09 which is another block right around the corner there.
19:21:19:24 I just want you all to be aware of that.
19:21:22:09 Anyone else?
19:21:29:00 >>LINDA SAUL-SENA: I don't think we've clarified.
19:21:30:24 Are the ladies spending the night or not?
19:21:34:19 If we approve this today -- I don't know that it allows
19:21:38:27 them to spend the night.

19:21:40:00 >>THOMAS SCOTT: Let me finish hearing from the public
19:21:41:25 and then we'll come to Council.
19:21:43:28 Anyone else from the public?
19:21:46:13 Anyone else want to address Council from the public?
19:21:49:00 All right.
19:21:51:25 >>LINDA SAUL-SENA: My question would be, had you
19:21:54:00 planned on using this as like a temporary residential
19:21:57:24 situation, and if so, do you now understand that I
19:22:01:12 guess there's something else that has to happen to
19:22:03:27 facilitate that.
19:22:06:01 >>MARY MULHERN: He said yes already.
19:22:09:15 >> We are fine with being able to -- for instance, the
19:22:13:19 property located at 3703 is set up to assist with
19:22:24:13 certain clothing and different items that people would
19:22:27:16 come and get the help they need.
19:22:29:06 We want to provide comfortable environments.
19:22:32:12 The ideal is, in the other property, if someone is in
19:22:36:06 trouble, we want to be able to take them for, you know,
19:22:38:27 for a moment, help them to get acclimated and turn back
19:22:43:28 around and get back on their feet.
19:22:45:24 That's the objective.
19:22:48:13 >>MARTIN SHELBY: If I could clarify.
19:22:50:07 I guess the question specifically was, is it clear,
19:22:53:13 then, that the application does not allow for overnight
19:22:57:03 residences as you have it before Council today?

19:23:01:16 In other words, that would not be allowed.
19:23:03:06 Do you want to talk to that?
19:23:06:18 >>JULIA COLE: I understand what this gentleman is
19:23:08:00 saying he wants to do there.
19:23:09:09 The application in front of you does not include a
19:23:11:18 professional residential facility, so he cannot have
19:23:15:00 people stay there overnight.
19:23:18:03 In order to accommodate that, he would have to ask for
19:23:20:00 a separate application.
19:23:21:06 It's not even something we can amend with this
19:23:23:09 application.
19:23:23:27 That's the completely separate application.
19:23:25:25 Separate process -- well, same process, but it would
19:23:27:25 have to be noticed as a professional residence
19:23:30:07 facility.
19:23:33:06 >> We could do that in separate application.
19:23:35:00 At present, we would like to use these properties for
19:23:38:00 existing -- existing church services.
19:23:40:03 >>THOMAS SCOTT: Okay.
19:23:40:22 That's fine.
19:23:43:09 >>GWEN MILLER: Move to close.
19:23:45:00 >> Second.
19:23:45:00 >>THOMAS SCOTT: All in favor, signify by saying aye.
19:23:47:28 Councilwoman Miller, you want to read the ordinance.
19:23:50:15 Including these changes here.

19:23:56:03 >>GWEN MILLER: Thank you, Mr. Chairman.
19:23:57:03 Ordinance approving a special use permit S-2, approving
19:24:00:18 a place of religious assembly in RS-50 residential
19:24:04:06 single-family and CN commercial neighborhood zoning
19:24:07:12 district in the general vicinity of 3008, 3010 and 3102
19:24:12:27 East Lake Avenue, 3703, 3707 and 3717 North 30th
19:24:18:22 Street in the City of Tampa, Florida, as more
19:24:21:09 particularly described in section 1 hereof, providing
19:24:24:16 waivers as set forth herein, providing an effective
19:24:27:06 date.
19:24:27:25 And include all the site plan revisions.
19:24:30:19 >>LINDA SAUL-SENA: Second.
19:24:31:22 >>THOMAS SCOTT: It's been moved and seconded.
19:24:33:07 All in favor, signify by saying aye.
19:24:35:22 [Motion Carried]
19:24:36:21 >>THE CLERK: Motion carried with Miranda being absent,
19:24:39:24 Dingfelder being absent at vote.
19:24:42:04 Second reading and adoption October 16th at 9:30 a.m.
19:24:46:19 >>LINDA SAUL-SENA: Neighbors, I'm going to make a
19:24:48:15 motion that we ask the police to go meet with you.
19:24:55:24 And I think we have your contact information and find
19:24:58:15 out about the crimes that have been occurring in this
19:25:01:03 neighborhood and to put a special emphasis on
19:25:03:27 addressing them.
19:25:04:27 I was really upset to hear that you're going through

19:25:07:10 that.
19:25:07:28 >> May I mention something?
19:25:10:00 >>THOMAS SCOTT: If you come and speak on the record.
19:25:13:12 >>MARTIN SHELBY: I'm sorry.
19:25:14:09 Oh, is it related to the crime issue?
19:25:18:21 Okay, fine.
19:25:19:21 >> I want to mention to our neighbors in light of their
19:25:22:07 concerns, we've had one church building, our church
19:25:27:09 building broken into in the last three months.
19:25:31:03 >> We know that.
19:25:31:24 >> And then we had the facility that we use to give out
19:25:35:00 clothing and other free items for people in need, that
19:25:38:25 one was broken into the beginning of this month.
19:25:41:16 That's on 30th Street.
19:25:43:18 So they didn't come across our fence.
19:25:45:28 They came right up 30th and broke in.
19:25:48:16 It's really a troubled area.
19:25:50:00 That's why we're there.
19:25:58:21 >>THOMAS SCOTT: Let me be clear.
19:26:01:18 A lot of churches in East Tampa get broken into.
19:26:04:09 Air condition copper is stolen out of there.
19:26:09:06 I just want to be clear.
19:26:13:04 >>LINDA SAUL-SENA: My motion would be to have the
19:26:14:27 police meet with -- do you have their names on the
19:26:17:21 record, to see if they can address the crime issues

19:26:23:01 that they are facing.
19:26:24:12 >> Second.
19:26:24:19 >>THOMAS SCOTT: Moved and seconded.
19:26:25:19 All in favor, signify by saying aye.
19:26:28:04 So moved.
19:26:28:22 Thank you all very much.
19:26:54:03 >>ABBYE FEELEY: Good evening, Council.
19:26:55:21 Abbye Feeley, Land Development Coordination.
19:26:57:18 I have been sworn.
19:26:58:15 The case before you this evening, Z 08-54 is located at
19:27:04:16 10002 Forest Hills drive.
19:27:10:07 The request this evening is from PD planned
19:27:12:09 development, business professional office to PD planned
19:27:14:19 development business professional office.
19:27:16:03 There are several waivers associated with the request.
19:27:23:21 Waiver one which says to reduce the required parking
19:27:25:27 from six to four, that actually is going to be five to
19:27:29:24 four.
19:27:31:00 I went on the property appraiser's office and got the
19:27:35:06 square footage of the building and also added in the
19:27:37:21 addition, and they would only need five spaces.
19:27:40:09 So that waiver would need to be five to four.
19:27:43:18 To reduce the required buffer from 15 feet to six-foot
19:27:47:04 masonry wall to 10.22 feet with a six-foot wooden
19:27:51:10 fence, to reduce the required backup distance from 26

19:27:54:06 to 22, that waiver is also going to change.
19:27:58:06 We're going to have them reduce the sidewalk in front
19:28:01:21 of the parking spaces by a couple of feet.
19:28:04:01 And that will reduce, make the backout greater.
19:28:07:12 So they'll be in better shape on that one.
19:28:09:12 Section 27-132-B to allow for reduction of required
19:28:13:24 buffer from 15 feet to 6 feet for the storage of the
19:28:17:03 solid waste receptacles.
19:28:18:24 And lastly, for a waiver for greenspace in the amount
19:28:24:06 of 150 square feet.
19:28:26:03 I'm going to take you through the project a little bit
19:28:34:19 and show you where it is.
19:28:36:00 This was actually a PD done back in 1984.
19:28:38:18 And it was four lots.
19:28:42:03 What I researched in the property appraiser's is that
19:28:45:06 in 1994, the two lots on the west side were rezoned to
19:28:49:21 RS-50, making the PD that was encompassing all of that
19:28:56:00 property now incomplete because it removed some of the
19:28:58:21 land that went with the PD.
19:29:00:03 So I'll show you that, too.
19:29:01:21 Zoom in just a little bit for you here.
19:29:15:18 Property located at the northwest corner of Forest
19:29:19:12 Hills drive and Linebaugh Avenue.
19:29:21:27 You can see the small RS-50 piece right to the west of
19:29:26:15 it.

19:29:26:27 That was the piece that encompassed the entire PD in
19:29:31:12 1984.
19:29:32:09 There's RO to the south.
19:29:35:27 There are several PDs and RO and RO-1s along this
19:29:40:16 segment of Linebaugh.
19:29:41:27 Here's an aerial photo.
19:29:46:15 What you'll notice here, it almost looks like there's
19:29:49:03 another lot in between this lot and the Forest Hills.
19:29:53:00 That actually is public right-of-way.
19:29:54:27 There's a hundred-foot right-of-way on Forest Hills
19:29:57:04 from the property line here to where the property line
19:30:00:03 starts here.
19:30:00:21 You'll see somehow that right-of-way was paved and
19:30:05:21 there's parking on it on the other side of the street.
19:30:08:21 But this is entirely grass here.
19:30:10:12 The proposed development is going to retain the
19:30:13:03 existing structure, make a few additions, and then park
19:30:19:10 off of the alley.
19:30:21:04 To quickly show you the prior PD, and I believe that I
19:30:29:09 did provide you all with this, the prior PD, which I
19:30:34:04 showed you, had those four lots.
19:30:36:06 Again, that big right-of-way space here.
19:30:38:13 They came in off of Forest Hills drive and went out off
19:30:42:04 of Forest Hills drive.
19:30:43:09 The petition that's before you tonight will use this

19:30:45:15 same existing building and access in and out of the
19:30:49:00 alley.
19:30:49:07 It will not have any additional access points on Forest
19:30:51:21 Hills drive.
19:30:52:25 This is a picture of the existing structure.
19:31:02:28 The front of the structure does face Forest Hills.
19:31:10:12 It is residential in character.
19:31:11:19 This is the northern part.
19:31:14:12 This is where the parking will be.
19:31:16:07 Single-family residence to the north.
19:31:25:22 This is the piece that used to be part of the PD that
19:31:28:04 now has a single-family residence on it on Linebaugh.
19:31:31:03 This is the dentist office across Forest Hills.
19:31:35:24 So that will be the northeast corner.
19:31:39:04 This is the southeast corner, which is a tavern.
19:31:45:15 These are a little out of order.
19:31:47:00 This is the alleyway behind the dentist office where
19:31:49:13 they access their parking as well.
19:31:51:06 Some of those RO I showed you directly south of this
19:32:03:09 property, there's an engineering, a surveying firm.
19:32:06:12 There's another office that has some parking issues on
19:32:09:06 Linebaugh there.
19:32:10:19 This is a little bit up Forest Hills and a view looking
19:32:15:24 down Linebaugh.
19:32:16:22 There's also a very large church right on Linebaugh,

19:32:19:21 the next block over.
19:32:20:28 Given there is an existing PD on the site and the PD in
19:32:29:01 '84 was done for a dental office.
19:32:32:00 The request that's before you tonight is for business
19:32:34:15 professional office.
19:32:37:18 One with those minor additions and, two, to access off
19:32:40:06 of the alley.
19:32:41:00 Staff does find this consistent.
19:32:44:00 At the present time, it meets those minor modifications
19:32:45:28 as I provided to you on the revision sheet.
19:32:48:09 So those need to be made in order to take care of all
19:32:51:21 technical issues related.
19:32:53:03 As far as PD compatibility issues, staff did find the
19:32:56:15 request consistent.
19:32:59:16 >>THOMAS SCOTT: Planning Commission?
19:33:08:03 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
19:33:09:21 I have been sworn in.
19:33:11:03 Several additional comments as it relates to the
19:33:15:07 comprehensive plan.
19:33:16:24 Add on to comments Ms. Feeley made for you this
19:33:20:15 evening.
19:33:21:00 Located in the Forest Hills Neighborhood Association
19:33:22:21 boundaries.
19:33:22:28 Within those boundaries.
19:33:25:21 From the future land use map, you can see there are two

19:33:28:00 predominant land use categories.
19:33:30:09 Residential 10, which is reflected by the lighter shade
19:33:32:28 and residential 20, which is reflected by the darker
19:33:35:13 shade and also happens to be the underlying land use
19:33:37:13 category for the subject site.
19:33:38:16 There are, if you were to look at the aerial, let me
19:33:45:24 preface what I'm going to say first by saying the
19:33:49:13 residential 20 allows consideration for nonresidential
19:33:53:12 uses such as professional office if you meet locational
19:33:57:19 criteria, which happens to be the case, because
19:33:59:04 Linebaugh is a collector road.
19:34:01:03 So, therefore, these projects that are residential 20
19:34:04:06 or these properties residential 20 can be considered
19:34:07:27 for nonresidential use, low density office type of
19:34:10:18 uses.
19:34:10:28 That being said, I think you can see this particular
19:34:15:28 segment of Linebaugh particularly going from where this
19:34:18:27 property is located to the east has a small
19:34:22:10 configuration or a small representation of
19:34:27:15 nonresidential uses.
19:34:28:18 There are several churches in the area to the north and
19:34:30:21 to the south.
19:34:31:13 Farther away from the intersection of Forest Hills
19:34:35:28 drive and Linebaugh.
19:34:36:24 Do you have this particular use, which has been

19:34:40:13 required a few years, as Ms. Feeley stated.
19:34:43:04 You also have a PD down to the south that's also zoned
19:34:47:06 for nonresidential use.
19:34:48:10 This is a tavern on the corner over here.
19:34:50:16 There's a dental office on this corner.
19:34:53:00 So you have a small neighborhood node for lack of a
19:34:57:09 better descriptive term for this area that represents
19:35:00:07 this particular area.
19:35:01:03 And then, of course, you have the other supporting
19:35:03:00 uses, community supporting uses that are in the area.
19:35:05:18 The request is going to retain the scale and character
19:35:08:21 of this particular building, but it's going to change
19:35:10:27 the functionality and the range of potential uses still
19:35:16:21 restricted, though, as to the character as far as the
19:35:20:25 residential professional office is concerned.
19:35:22:16 You do have a much more intensive use, which is this
19:35:26:15 dental office to the east which is on the scale of what
19:35:29:24 you can have intensity-wise in professional office.
19:35:32:15 That's the most intense you can have in a professional
19:35:34:28 office scenario.
19:35:35:18 So you do have that more intense type of use located on
19:35:40:01 the eastern perimeter over here on the northeast
19:35:41:27 corner.
19:35:42:12 Planning Commission staff found the proposal consistent
19:35:44:28 with the comprehensive plan.

19:35:47:12 >>THOMAS SCOTT: Any questions to staff?
19:35:49:18 Okay.
19:35:50:16 Petitioner?
19:35:59:15 >> Good evening, Council members.
19:36:00:15 My name is Morris Lopez the III.
19:36:02:15 I reside at 15905 Baden Place, Tampa, Florida, 33647,
19:36:07:28 district 7.
19:36:10:01 Thank you for letting us speak tonight.
19:36:13:21 I'd just like to tell you a little bit about what we're
19:36:18:12 doing.
19:36:18:22 I'm a third generation Tampa native and spent time
19:36:21:10 growing up in that neighborhood of Forest Hills.
19:36:23:00 I own an MBA construction company that does work for
19:36:26:15 the City of Tampa and other municipalities.
19:36:28:03 I purchased the subject property in October 2006 what I
19:36:34:06 thought was a PD medical office with the intention of
19:36:36:27 putting my office there.
19:36:39:03 During the permitting phase, we found that the zoning
19:36:41:06 was invalid, and we worked diligently with Land
19:36:45:00 Development.
19:36:45:15 They've been extremely helpful in holding our hand and
19:36:48:03 guiding us on how to get this property whole.
19:36:50:15 You know, we are a two-man operation.
19:36:54:13 We don't store any equipment or construction equipment.
19:36:58:09 It's just strictly administrative.

19:36:59:27 I also on a lighter note have a personal interest in
19:37:05:21 the property.
19:37:06:09 My in-laws have lived within five minutes for 45 years,
19:37:09:19 and there's nothing like my mother-in-law's leftovers
19:37:13:15 for free lunch.
19:37:14:10 >>THOMAS SCOTT: Mr. Lopez.
19:37:15:28 Pretty much you want this -- you really purchased this
19:37:18:15 to be for your medical office, is that what I'm hearing
19:37:20:21 you say?
19:37:21:25 >> I just want to rezone it for less intensive business
19:37:25:00 professional.
19:37:25:03 >>THOMAS SCOTT: If you don't mind, let me see if anyone
19:37:28:28 here is in objection.
19:37:30:22 Anyone here object to this?
19:37:32:06 Okay, anyone else?
19:37:33:18 Let's hear what the objection is.
19:37:44:15 >> Hello.
19:37:45:03 My name is Debra McCormack.
19:37:47:21 I reside at 1506 South Oregon Circle.
19:37:51:15 And I'm here this evening on behalf of the Forest Hills
19:37:54:24 Neighborhood Association.
19:37:56:21 I may be one single person standing here, but we
19:37:59:16 represent 1143 households approximately.
19:38:04:06 I have a letter from our Board of Directors to bring to
19:38:09:12 you this evening.

19:38:10:03 Our Board of Directors is 11 members, and we represent
19:38:15:06 that area, I was going to say, yes, larger than City
19:38:18:21 Council.
19:38:19:01 So we have a good distribution in terms of
19:38:22:09 representation.
19:38:24:00 And our board voted unanimously on Tuesday evening to
19:38:28:00 oppose this.
19:38:29:06 On the first basis, because we did not receive notice
19:38:33:28 in spite of what staff said.
19:38:36:00 I spoke to staff.
19:38:37:07 And we also, our association president spoke to the
19:38:40:16 other association who was supposed to be notified, and
19:38:45:16 they say that they did not receive notice either.
19:38:48:07 So I don't know if this is just coincidental, but it
19:38:51:16 seems strange that two associations who don't have low
19:38:55:27 profiles would not be noticed.
19:38:58:09 Even if you delay it on that matter, then I'll have the
19:39:04:06 chance to prepare a thesis as the other lady did
19:39:08:06 concerning our objections.
19:39:09:09 One of our first objections concerns the fact that
19:39:12:27 previously -- well, this is within our boundaries.
19:39:20:00 Previously, again, as staff said, there was some change
19:39:24:00 to PD versus single-family residential.
19:39:28:09 When our organization was not in existence, I believe
19:39:30:28 that was either '84 or '87, before we became as

19:39:36:12 involved in the city as we are today, and we had no
19:39:40:18 chance or opportunity at that particular time to oppose
19:39:44:18 that rezoning.
19:39:46:07 The businesses shown to you on the overhead such as the
19:39:50:12 tavern and the dentist were grandfathered in and have
19:39:53:15 been there, I think since the '50s.
19:39:56:06 This particular piece of property does not face
19:40:01:21 Linebaugh.
19:40:02:01 It faces Forest Hills drive and is in our footprint.
19:40:09:09 We have no objection to businesses on the south side of
19:40:11:22 Linebaugh, but when you start encroaching, you know,
19:40:15:03 there's always the possibility, and it does not make
19:40:17:21 any difference, again, what the intent, say, for
19:40:20:10 example, the churches or the intent of this business,
19:40:25:01 we have to worry about who owns it later down the road.
19:40:27:24 I don't think that there is a good-faith effort made on
19:40:32:03 behalf of this business to let us know what was being
19:40:37:00 done just because I have a couple of things -- the tax
19:40:42:09 roll shows the property as 1,053 square feet.
19:40:46:24 There were a couple of zoning violations where there
19:40:49:12 were additions made to the interior and to the exterior
19:40:53:15 without proper permitting.
19:40:55:09 So that makes us a little bit suspicious of the fact
19:40:59:16 that, you know, how can the footprint go from 1,053 to
19:41:07:06 what's on the petition of 1625.

19:41:13:16 Got me.
19:41:14:01 I do know that in the MLS, the property was --
19:41:17:19 [buzzer]
19:41:19:03 >> Is that my time?
19:41:20:21 >>THOMAS SCOTT: Yes.
19:41:21:24 >> I'll give this to you.
19:41:23:01 Also the fact that there's a Fannie Mae mortgage on
19:41:25:04 this that requires the permission of Fannie Mae for any
19:41:30:03 rezoning changes whatsoever with 30-day written
19:41:32:27 notification.
19:41:33:16 And I have that documentation.
19:41:37:28 >>THOMAS SCOTT: Thank you, ma'am.
19:41:39:27 >> And I was discouraged by staff to bring this before
19:41:42:19 you.
19:41:45:03 >>LINDA SAUL-SENA: My question is, what use had been
19:41:51:06 there previously?
19:41:52:01 Are you aware?
19:41:53:01 >> Yes, single-family residence.
19:41:54:07 Rental home.
19:41:57:00 >>LINDA SAUL-SENA: This has been a home?
19:41:58:09 >> Yes.
19:41:58:19 When did it change to a business?
19:42:03:27 >>LINDA SAUL-SENA: What would you like to see it be?
19:42:05:27 >> We would like to see it remain a residence.
19:42:08:00 And we have that in our letter from our Board of

19:42:10:03 Directors to you.
19:42:11:06 Outlining our objections and information.
19:42:16:09 >>LINDA SAUL-SENA: Thank you.
19:42:24:00 >>THOMAS SCOTT: Do we have in the file the notice.
19:42:27:21 >>MARTIN SHELBY: I reviewed the file, and it appears
19:42:29:13 that notice was sent, if you'd like to have the
19:42:32:07 address.
19:42:32:27 >>THOMAS SCOTT: I just want to verify that notice was
19:42:35:06 sent.
19:42:39:21 >>MARTIN SHELBY: It appears in certificate of mailing,
19:42:41:06 Forest Hills Neighborhood, Mr. Jesse Brown, 1706 West
19:42:44:00 Ford Drive, Tampa, Florida.
19:42:45:24 Forest Hills Community Association, Max Suthers, 9707
19:42:49:00 Forest Hills Drive, Tampa, Florida.
19:42:50:22 And that's --
19:42:51:21 >> Mr. Lopez, if you could come back, if you don't
19:42:51:21 mind.
19:43:02:06 >> I'd like to just state that the signs were up and
19:43:04:03 have been also.
19:43:11:06 I understand the neighborhood's concern.
19:43:11:21 The footprint of the building, if that's an issue, I
19:43:14:15 don't need to add on to the building.
19:43:16:09 I love it the way it is.
19:43:17:15 I love the fact that one of the things that appeals to
19:43:19:19 me as a contractor most is that it looks like a

19:43:21:07 residential house.
19:43:21:18 It feels like a residential house.
19:43:23:00 I feel comfortable going to work there.
19:43:25:06 And I don't plan on going anywhere.
19:43:27:06 I have a successful business, and I'll be doing
19:43:29:21 business in Tampa for a long time.
19:43:31:06 You know, we want to be good neighbors.
19:43:33:12 Whatever we can do to make them happy.
19:43:38:12 >>LINDA SAUL-SENA: I have a question of staff.
19:43:40:07 If he doesn't want to add on, then he doesn't need to
19:43:45:22 be before us for this rezoning, does he?
19:43:50:03 >> That's correct.
19:43:51:01 >>LINDA SAUL-SENA: If we were to deny this, he could
19:43:52:21 keep having his business.
19:43:53:27 >> He could come through a substantial --
19:44:01:00 >> Give me a second to talk to the petitioner.
19:44:11:03 >>LINDA SAUL-SENA: While they were chatting, I was
19:44:13:06 looking at the photographs and I think I'm looking at
19:44:14:21 the right photographs.
19:44:15:16 This looks like a house to me.
19:44:18:15 >> Commissioners, I'd like to indicate on the record
19:44:21:27 that I love the property the way it is.
19:44:23:24 I don't need to add on.
19:44:25:04 I'd love to work with staff administratively, get this
19:44:27:18 done and run my business out of there.

19:44:29:25 >>THOMAS SCOTT: Let me hear from our attorneys on what
19:44:31:28 we need to do at this point.
19:44:34:21 >> Since it's been withdrawn, you don't need to take
19:44:38:12 action.
19:44:39:03 Just deemed as withdrawn on the record.
19:44:42:21 >>THOMAS SCOTT: So we just need --
19:44:45:27 >> Motion to accept the withdrawal.
19:44:47:24 >>THOMAS SCOTT: Let's close the public hearing.
19:44:49:09 All in favor, signify by saying aye.
19:44:52:21 Motion to withdraw.
19:44:56:21 >> Motion to accept the withdrawal.
19:44:58:15 >>THOMAS SCOTT: It's been moved and seconded.
19:45:00:15 All in favor, signify by aye.
19:45:02:03 So moved.
19:45:03:24 Last one for the evening, is that right?
19:45:32:06 >>LaCHONE DOCK: LaChone Dock, Land Development
19:45:33:27 Coordination, and I have been sworn.
19:45:35:22 The last item on tonight's agenda is petition number Z
19:45:38:15 08-47.
19:45:39:16 The property located at 2024 East 62nd Street.
19:45:45:16 The property currently zoned is RS-50, residential
19:45:48:18 single-family.
19:45:49:00 The request is to rezone the property to IG industrial
19:45:53:12 general.
19:45:53:22 The petitioner proposes to rezone the property from

19:45:56:00 RS-50 to IG to allow for a more commercial oriented use
19:46:00:01 of the site.
19:46:00:16 IG zoning district requires a minimum of 5,000 square
19:46:04:00 feet, and this site contains approximately 40,726
19:46:08:15 square feet with 210 feet of frontage and 185 feet of
19:46:12:24 depth.
19:46:13:01 This is Euclidean zoning request and must comply with
19:46:19:04 all City of Tampa Land Development regulations at the
19:46:21:00 time of permitting.
19:46:22:15 I have a zoning atlas to show the site.
19:46:29:24 And this is the site located here in green on 62nd.
19:46:35:04 Broadway is just north of the site.
19:46:37:18 61st is on the west.
19:46:40:12 And we have CI zoning and a mix of industrial along
19:46:45:21 broadway and then residential south of the site.
19:46:48:28 And this is an aerial of the site where broadway north
19:46:57:21 of the site.
19:46:58:06 And this is the site here on 62nd.
19:47:00:01 This is a view of the site on 62nd Street.
19:47:10:09 This is the northern portion of the site.
19:47:19:00 >> Wow.
19:47:19:22 Nature preserve.
19:47:21:06 >>LaCHONE DOCK: This is the southern portion of the
19:47:22:21 site.
19:47:23:03 Located west of the site on 61st.

19:47:29:21 And this parcel is west of the site on 61st.
19:47:35:15 Another view west of the site.
19:47:39:27 Again, on 61st Street.
19:47:42:18 South of the site on 62nd.
19:47:50:09 East of the site on 62nd.
19:47:52:25 And another view east of the site.
19:47:54:18 The development review committee has reviewed the
19:48:01:28 petition and finds it consistent with Land Development
19:48:04:12 code.
19:48:05:21 >>LINDA SAUL-SENA: Can I ask a question?
19:48:06:28 You just showed us pictures from north, south, east and
19:48:11:21 west.
19:48:12:03 And this site, which has a house on it is surrounded by
19:48:17:09 residential uses.
19:48:18:04 There are commercials uses up on 62nd according to
19:48:25:27 the land use -- I mean, excuse me, on broadway.
19:48:28:18 But it looks like it's surrounded by houses, and they
19:48:31:13 are asking for a pretty heavy commercial industrial
19:48:37:00 zoning.
19:48:37:15 How could you recommend that that's compatible?
19:48:41:25 >>LaCHONE DOCK: Yes.
19:48:42:15 Staff had reviewed the petition, and there was concern
19:48:45:09 because, you're correct, there is residential that's
19:48:47:16 located west of the site and along the south.
19:48:52:00 >>LINDA SAUL-SENA: And across the street and to the

19:48:53:18 north.
19:48:54:03 >>LaCHONE DOCK: Yes, and the residential here.
19:48:56:13 This is commercial intensive, this portion here.
19:48:58:27 So we did recommend that lower intensity such as CG or
19:49:05:15 commercial intensive may be more compatible.
19:49:08:04 >>LINDA SAUL-SENA: The industrial uses all front on
19:49:12:28 Broadway.
19:49:13:21 And this street -- I mean, you just showed us a
19:49:17:10 picture.
19:49:17:25 It looks like it's barely paved.
19:49:21:00 Is it paved?
19:49:23:04 >> It is.
19:49:23:19 >>LINDA SAUL-SENA: Well, it looks like it's barely
19:49:25:15 paved.
19:49:26:04 So the question is, why would you put an industrial
19:49:29:18 zoning that could be like, you know, heavy equipment or
19:49:32:10 something on this little street that's surrounded by
19:49:36:03 houses?
19:49:36:15 I mean, same property owner who owned the property on
19:49:41:19 broadway owned this, so the access would be north on
19:49:44:15 broadway, that would make sense.
19:49:45:28 And I see our landscape specialist in the back.
19:49:51:13 Can we hear from him, Mr. Riley?
19:49:57:09 Mr. Riley, could you tell us about the trees?
19:50:02:21 >> David Riley, parks and recreation.

19:50:05:04 I have been sworn.
19:50:06:01 My notes when I went out there, there's at least ten
19:50:12:12 grand trees, live oaks on this site.
19:50:14:12 Plus several protected trees, heavily canopied.
19:50:19:06 They have to meet chapter 13.
19:50:25:27 So we will review that at permitting.
19:50:28:01 Right now, I don't have the site plan or anything of
19:50:30:16 that nature to review, so we just have a general
19:50:33:18 comment that, again, there's ten grand trees on the
19:50:36:21 site.
19:50:39:22 >>LINDA SAUL-SENA: Thank you.
19:50:40:03 >>THOMAS SCOTT: Any more questions?
19:50:42:03 Okay.
19:50:42:13 Planning Commission.
19:50:45:15 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
19:50:47:18 I have been sworn.
19:50:48:15 The dominant land use category for this particular area
19:50:55:21 in East Tampa is transitional use 24.
19:50:58:19 The title itself lends one to really understand the
19:51:03:06 purpose of the transitional use 24 is to have a
19:51:05:27 transition from residential to industrial use.
19:51:09:12 This particular area of East Tampa, east of 50th
19:51:12:21 Street for decades has worked -- had residential units
19:51:19:00 along with industrial units living, coexisting for a
19:51:22:18 long period of time.

19:51:23:28 There was heavy industrial use down here -- this is
19:51:26:12 heavy industrial land use classification, light
19:51:29:00 industrial.
19:51:29:28 There's heavy industrial use here.
19:51:31:19 All of this is transitional use 24 which allows the IG
19:51:35:00 zoning district as well as residential categories, as
19:51:37:19 well as all the commercial zoning district CI, CN, and
19:51:43:12 CG.
19:51:44:25 Those were all uses.
19:51:48:13 There are, as you can see here, there are still
19:51:51:24 industrial uses here, here, here, and there's one over
19:51:55:15 here.
19:51:55:27 So it's pretty much a mixed bag.
19:51:58:15 As you can see, they do go farther away from -- the
19:52:02:18 majority of them on this particular segment of
19:52:05:03 Broadway, you'll see on Broadway, I can show you
19:52:07:24 examples even going further east on 63rd, 64, 66, you
19:52:11:09 just approved one for industrial use at the last
19:52:16:06 hearing, at the 9/11 hearing, environmental
19:52:21:12 technologies that you approved just three blocks to the
19:52:23:27 east of this, further to the south, closer to the
19:52:26:00 railroad track, and that was a TU-24 classification
19:52:28:21 also.
19:52:29:06 That does exist.
19:52:30:18 This is the purpose of the TU-24 is to try and

19:52:33:24 transition.
19:52:35:07 A lot of these are mostly renter occupied.
19:52:38:01 They are not homeowner occupied.
19:52:40:21 So we do have this incredibly mixed bag of uses in this
19:52:47:28 particular area.
19:52:48:16 It's just the unique nature of this particular area.
19:52:53:24 They'll have to coming in for the Euclidean zoning
19:52:56:12 district, have to adhere to the more stringent
19:52:58:15 requirements of the IG zoning district.
19:53:00:15 As far as buffering is concerned, screening, protection
19:53:03:13 of trees, so on and so forth.
19:53:05:18 Actually much more stringent in nature as far as that
19:53:07:13 is concerned.
19:53:08:06 They'll have to properly buffer themselves from any
19:53:11:24 adjacent uses.
19:53:13:09 Planning Commission found the proposed request
19:53:15:00 consistent with the comprehensive plan.
19:53:17:16 >>THOMAS SCOTT: Okay.
19:53:18:09 Any questions?
19:53:18:27 Petitioner?
19:53:19:12 No petitioner here?
19:53:44:22 >> Good evening.
19:53:45:18 I am Bill Johnston, the owner of the property,
19:53:48:24 2024-62nd Street.
19:53:52:12 I want to rezone it from housing RS-50 residential

19:54:02:24 single-family to IG industrial.
19:54:06:19 >>THOMAS SCOTT: Okay.
19:54:07:06 All right, Mr. Johnston.
19:54:09:27 Hold up for one second.
19:54:10:24 Anyone here in objection?
19:54:12:21 Anyone who wants to speak opposing this petition?
19:54:18:28 >>LINDA SAUL-SENA: Mr. Johnston, there's a
19:54:22:06 recommendation that the staff made in their report, and
19:54:26:01 they said that perhaps you could go to a less intense
19:54:32:07 zoning category.
19:54:33:06 I don't know if they've had a chance to discuss that
19:54:35:27 with you.
19:54:38:19 >> No.
19:54:39:00 I'll tell you what I want to do there, I want to open a
19:54:43:10 thrift shop.
19:54:44:16 We do not have one.
19:54:46:09 And that's my intention.
19:54:49:04 Now, as far as residential goes, it's trailer park
19:54:54:06 across from me.
19:54:54:24 And I think that's what they call residential.
19:54:57:09 But it's really commercial, because they rent those
19:55:00:24 trailers, and they collect money for them.
19:55:03:18 And they charge them for the water and sewer to be
19:55:06:27 taken care of.
19:55:07:27 So that means it's commercial, to me.

19:55:12:13 >>THOMAS SCOTT: Okay.
19:55:15:19 >>LINDA SAUL-SENA: I'd like to ask our staff, what
19:55:17:12 Mr. Johnston wants to do is have a thrift shop, is it
19:55:21:24 necessary for him to rezone?
19:55:26:27 >>LaCHONE DOCK: LaChone Dock, Land Development
19:55:28:04 Coordination, yes, he would have to rezone and the
19:55:33:01 commercial use would allow that, the commercial zone.
19:55:35:06 >>LINDA SAUL-SENA: What would be the most -- the less
19:55:40:13 industrial, more neighborhood serving commercial?
19:55:42:22 Because I think this would be like a --
19:55:45:06 >>THOMAS SCOTT: CI.
19:55:46:01 >>LINDA SAUL-SENA: I think this would be like a
19:55:47:13 neighborhood commercial.
19:55:48:03 Could you do NC?
19:55:50:12 Neighborhood commercial?
19:55:52:27 >>LaCHONE DOCK: Well, neighborhood commercial, for a
19:55:55:19 thrift store, that would be considered retail sales.
19:55:58:15 So in CG, commercial general or CI, commercial
19:56:01:21 intensive.
19:56:02:01 CI is the commercial intensive district would be the
19:56:04:21 one lower than the industrial general.
19:56:07:19 >>LINDA SAUL-SENA: The CG is less than that?
19:56:09:15 >>LaCHONE DOCK: The CG is less than that.
19:56:11:09 >>LINDA SAUL-SENA: CG might be a good transitional use.
19:56:14:10 >>CATHERINE COYLE: The only thing I can say just from

19:56:18:24 personal perspective with thrift stores, especially
19:56:20:25 around town, you can go to Salvation Army, you can go
19:56:23:00 to goodwill, they often have open storage of certain
19:56:26:06 amounts where people drop off items.
19:56:28:19 Open storage is not allowed in CG.
19:56:31:00 It is allowed in CI as an accessory use.
19:56:33:24 If this man were to take in collections and thing, if
19:56:36:22 you gave him a CG, he might not actually be able to
19:56:40:06 operate his thrift store and run into code enforcement
19:56:42:27 violations.
19:56:43:04 If you look at the zoning map you were given, there
19:56:45:12 actually is no CG in that particular area.
19:56:47:13 CI is within that area, so that may be the more
19:56:49:21 appropriate use.
19:56:50:06 >>LINDA SAUL-SENA: Okay.
19:56:51:03 Thank you.
19:56:53:24 >>THOMAS SCOTT: Okay.
19:56:54:09 Do you want to add anything else, Mr. Johnston?
19:56:56:24 >> No, I have nothing else to say.
19:56:58:12 Thank you.
19:57:00:22 >>MARY MULHERN: It's not an unusual thing to see in
19:57:03:00 Tampa a house that's been converted into a store.
19:57:07:15 In fact, a thrift store.
19:57:08:21 I can picture one that's on Kennedy.
19:57:10:24 And they actually don't have a deposit -- deposit box

19:57:18:09 outside.
19:57:20:00 And I'm just wondering, is there some kind of
19:57:23:19 residential office or residential retail.
19:57:25:21 There's no category for that.
19:57:34:09 >>LaCHONE DOCK: LaChone Dock, Land Development
19:57:35:12 Coordination.
19:57:36:18 You're looking for category that would be for
19:57:38:28 residential office.
19:57:42:00 >>MARY MULHERN: What I'm saying, there are a lot of
19:57:43:27 houses in the city that have been converted into shops.
19:57:48:18 So what would be the normal thing that -- zoning you
19:57:53:28 would recommend for that?
19:57:55:19 >>LaCHONE DOCK: They would still fall under the
19:57:57:07 commercial general.
19:57:58:06 If they are converted into a shop, unless it's like in
19:58:01:28 a business professional office, and that would put it
19:58:04:25 into a commercial neighborhood district.
19:58:07:01 >>MARY MULHERN: There's nothing for, like, retail, a
19:58:10:21 shop with a residential in the same -- retail
19:58:15:27 residential.
19:58:16:04 >>LaCHONE DOCK: It would still have to fall under that.
19:58:19:00 >>MARY MULHERN: I don't know.
19:58:20:09 I mean, I think it should be the least intensive
19:58:22:25 considering it's a house in the middle of a residential
19:58:26:06 neighborhood.

19:58:28:21 >>THOMAS SCOTT: I think they said it's transitioning.
19:58:31:24 Is that what he said?
19:58:32:28 >>MARY MULHERN: Well, that's the land use category.
19:58:35:07 What's there are the houses surrounding -- houses and
19:58:38:06 trees.
19:58:40:25 >>LINDA SAUL-SENA: Thank you.
19:58:42:12 I just wonder if Mr. Johnston understands -- if you
19:58:49:15 wouldn't mind coming up, Mr. Johnston -- the use that
19:58:55:04 you are proposing would require a pretty significant
19:58:59:16 investment in like paving parking spaces.
19:59:02:06 I believe that paved parking spaces would be required,
19:59:06:16 and you'd have to protect the trees, because you have a
19:59:09:12 number of grand trees on the property.
19:59:12:16 Do you understand all that?
19:59:16:00 >> Yes, I do.
19:59:16:19 I don't know about the pavement.
19:59:20:13 I don't know whether it would be required or not.
19:59:22:09 If it does, we'll do it.
19:59:27:12 >>MARY MULHERN: Before you sit down, let me ask one
19:59:29:09 more question.
19:59:29:27 If the only reason to give him this more intensive
19:59:33:03 zoning is because he might have a drop-off box, can't
19:59:37:18 he just get a variance for that?
19:59:41:09 >> It's called a donation box.
19:59:44:06 >>MARY MULHERN: Donation box.

19:59:45:16 I'm sorry.
19:59:49:06 >>CATHERINE COYLE: Catherine Coyle, Land Development.
19:59:51:06 Once again, if there is open storage of any kind, if he
19:59:54:01 has a fenced area with things he's storing outside not
19:59:56:15 within a building, it is considered open storage and
19:59:58:22 that is not allowed in a commercial zoning general
20:00:01:13 district.
20:00:01:21 There is no variance for that.
20:00:03:15 It's a different zoning classification, which is CI.
20:00:07:15 >>JOSEPH CAETANO: He could put a bell there, let them
20:00:10:18 ring the bell and he could come out and get it.
20:00:15:27 [ LAUGHTER ]
20:00:18:01 >> I thought CG --
20:00:19:09 >>THOMAS SCOTT: No, CI.
20:00:22:15 >>MARY MULHERN: It's not industrial.
20:00:23:28 That's bizarre.
20:00:24:21 >>THOMAS SCOTT: Motion to close.
20:00:25:24 >>GWEN MILLER: So moved.
20:00:26:27 >>THOMAS SCOTT: All in favor, signify by saying aye.
20:00:30:00 >> Any other questions?
20:00:31:00 >>THOMAS SCOTT: That's it.
20:00:31:27 >>LINDA SAUL-SENA: Can we vote on CI even if that -- --
20:00:38:03 move to reopen.
20:00:38:27 >>JULIA COLE: The ordinance in front of you has within
20:00:41:24 its title, I think it's IG.

20:00:44:00 You can't read the ordinance that's in front of you,
20:00:46:21 presuming that this petitioner will -- well, let me
20:00:49:24 step back.
20:00:51:00 If it's Council's will to see if this petitioner is
20:00:54:09 interested in a lesser classification, first of all, he
20:00:57:25 needs to indicate on the record that he's willing to
20:00:59:28 accept a lesser classification.
20:01:01:03 >>THOMAS SCOTT: There's a motion to reopen the public
20:01:03:13 hearing.
20:01:04:15 All in favor, aye.
20:01:05:09 [Motion Carried]
20:01:06:07 Mr. Johnston, would you agree to a CI?
20:01:19:12 >> Having indicated that he would, the ordinance in
20:01:21:27 front of you does not have the right classification on
20:01:25:22 it.
20:01:27:15 Sensing that something interesting such as this might
20:01:29:25 occur, I have prepared an ordinance that had CG on it
20:01:34:04 with a little amendment handwritten, which is not what
20:01:36:18 I normally like to do, but given the fact that we're in
20:01:39:16 the middle of the hearing and to avoid this gentleman
20:01:42:03 coming back, I have an ordinance that you can read the
20:01:44:03 title from, which would include CI.
20:01:46:09 I would ask then that you read this ordinance, and then
20:01:49:03 I'll substitute it -- I actually had CG, and then it
20:01:56:01 appeared we were going CI, so maybe I prematurely wrote

20:01:59:22 in the I.
20:02:00:15 You can read the ordinance either way and I'll
20:02:02:21 substitute it later.
20:02:05:12 >>GWEN MILLER: Will that allow for open boxes?
20:02:07:15 >>JULIA COLE: CI would allow for the open box.
20:02:10:03 CG would not.
20:02:11:03 Assuming whatever your motion is, it actually would
20:02:15:00 encompass both.
20:02:17:18 This isn't something I do --
20:02:22:07 >>THOMAS SCOTT: Come to the mike.
20:02:23:12 State your name and address.
20:02:26:28 >> I'm Bill Johnston's friend.
20:02:28:15 My name is Frank Agoilar.
20:02:30:25 We've known each other a long time.
20:02:32:25 The people right next door to what he's doing, they
20:02:35:06 said they are coming over and doing the very same thing
20:02:37:28 he's doing.
20:02:38:13 They want to get rezoned, too.
20:02:40:01 Right, Bill?
20:02:43:01 >> Right.
20:02:43:19 >> That's all, sir.
20:02:44:09 >>THOMAS SCOTT: Thank you very much.
20:02:45:00 Motion to close.
20:02:45:22 Move to close.
20:02:46:15 All in favor, signify by saying aye.

20:02:50:00 Do we have the CI ordinance, Mr. Caetano?
20:02:59:06 >>JOSEPH CAETANO: Ordinance rezoning property in the
20:03:00:18 general vicinity of 2024 East 62nd Street in the City
20:03:04:12 of Tampa, Florida, and more particularly described in
20:03:06:24 section 1 from zoning district classification RS-50
20:03:11:09 residential single-family to CI, commercial intensive,
20:03:16:00 providing an effective date.
20:03:17:21 >>GWEN MILLER: Second.
20:03:20:01 >>LINDA SAUL-SENA: I have to say, Mr. Johnston, that
20:03:22:15 your piece of property is beautiful.
20:03:25:01 It's got those grand trees, it's got a historic
20:03:29:12 structure.
20:03:29:22 And I hope that you -- I hope that you'll keep the
20:03:33:22 beauty intact somehow.
20:03:35:15 And I have a great idea for you.
20:03:40:21 And that is as people are trying to sell and recycle
20:03:44:24 architectural artifacts, you have a really great
20:03:50:03 setting for that kind of business.
20:03:51:24 With the CI, you could do the outdoor storage for fancy
20:03:54:27 and fences and windows and doors and those sort of
20:03:59:27 things.
20:04:00:19 But it's really an extraordinarily lovely setting and
20:04:03:18 conveniently located.
20:04:04:13 Don't be in a hurry to tear things up, because you
20:04:07:01 really have something special there.

20:04:10:19 >>THOMAS SCOTT: Motion moved by Councilman Caetano,
20:04:14:15 second by councilwoman Miller.
20:04:15:28 All in favor, signify by aye.
20:04:17:18 Opposed?
20:04:19:03 >>THE CLERK: Motion carried with Miranda being absent.
20:04:21:28 >>THOMAS SCOTT: Any other business need to come before
20:04:24:15 Council?
20:04:24:27 >>THE CLERK: Second reading and adoption
20:04:26:18 October 16th, 9:30 a.m.
20:04:28:24 >>THOMAS SCOTT: Second reading October the 16th.
20:04:31:12 >> Move to receive and file.
20:04:32:25 >>THOMAS SCOTT: All in favor, signify by saying aye.
20:04:36:04 Nothing else coming before us, we stand adjourned.