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TAMPA CITY COUNCIL
Thursday, October 23, 2008
6:00 p.m. session

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17:50:19 >>GWEN MILLER: Roll call.
18:04:13 >>CHARLIE MIRANDA: Here.
18:04:15 >>GWEN MILLER: Here.
18:04:17 >>JOSEPH P. CAETANO: Here.
18:04:18 >>MARY MULHERN: Here.
18:04:21 >>GWEN MILLER: Before we begin, we need to close the
18:04:23 workshop.
18:04:26 >>CHARLIE MIRANDA: Move to receive and file all the
18:04:28 documents we had this morning, Madam Chair.
18:04:30 >> Second.
18:04:31 >>GWEN MILLER: Motion and second.
18:04:33 (Motion carried)
18:04:34 Now we need to close the workshop.
18:04:35 >>MARTIN SHELBY: Madam Chair, just a clarification,
18:04:40 that the -- there is no need for that item to be
18:04:43 reset.
18:04:45 I had an opportunity to speak with the representatives
18:04:46 of MacDill.
18:04:47 The PowerPoint presentation was duplicated and
18:04:50 presented in each of your mailboxes, if you ever any
18:04:54 questions, either myself or Randy Goers, will be able
18:04:57 to assist you.
18:04:58 Those issues will be coming back and addressed as part
18:05:00 of the ORC report as Mr. Goers and Ms. Cole made
18:05:04 reference to earlier today.
18:05:05 So there's really no need for any additional action by
18:05:08 council for that.
18:05:08 >>GWEN MILLER: Now we can close it.
18:05:15 >> So moved.
18:05:16 >> Second.
18:05:16 (Motion carried).
18:05:17 >>GWEN MILLER: Do we have some walk-ons?
18:05:20 >>SAL TERRITO: Legal department.
18:05:25 On 16 we had inadvertently transposed two different
18:05:29 resolutions that we would like to get straight
18:05:31 tonight.
18:05:31 What I would like to do is have a resolution
18:05:33 rescinding resolutions 2008-1124 and 2008-1172 which
18:05:38 are the two and then submit the two corrected ones
18:05:42 tonight as well.
18:05:42 >>CHARLIE MIRANDA: So moved.
18:05:45 >> Second.
18:05:45 (Motion carried).
18:05:46 >>GWEN MILLER: We have another walk-on?
18:05:50 >>MARTIN SHELBY: Clarification with regard to this
18:05:56 morning's morning relative to the S-2 hearing for the
18:05:59 history center.
18:06:01 Cathy Coyle is asking if council's motion can be -- a
18:06:09 new motion -- (cowbell rings).
18:06:13 >>JOHN DINGFELDER: I had to dot, I'm sorry.
18:06:16 >>CHARLIE MIRANDA: Can you imagine I have to sit next

18:06:18 to this?
18:06:19 >> Are you jealous of my hair?
18:06:20 >> I'm jealous of anybody.
18:06:23 >>JOHN DINGFELDER: Go Rays, let's hear it.
18:06:27 [ Applause ]
18:06:29 >>GWEN MILLER: All right.
18:06:31 >> Got to be out of here for first pitch.
18:06:33 8:00.
18:06:35 >>MARTIN SHELBY: Catherine Coyle has asked that the
18:06:37 motion be framed as follows, that the City Council
18:06:39 will allow up to five alcohol sales, special use
18:06:45 applications to be set for hearing on December
18:06:47 4th, 2008, at 1:30 in the afternoon for first
18:06:50 reading.
18:06:55 Once you make that motion, then that will be processed
18:06:57 administratively and the history center will be able
18:06:59 to get their first reading on that date.
18:07:01 So if that could be the motion, then it will be able
18:07:04 to proceed.
18:07:05 >> So moved.
18:07:06 >> Second.
18:07:06 (Motion carried).

18:07:07 >>MARTIN SHELBY: Thank you.
18:07:20 >> There's one other issue.
18:07:22 You received a memorandum from Chip Fletcher regarding
18:07:24 the Hart board reappointments.
18:07:26 Fran David, and David Mekanick.
18:07:29 There is a letter that is going to Clark homes
18:07:34 relative to Mr. Dingfelder that his appointment shall
18:07:39 continue to April 1st.
18:07:42 But the mayor, because Hart board is requesting that
18:07:45 these reappointments be made by December 31st, the
18:07:48 requests are the administration is to have those
18:07:50 resolutions put on during the special call session
18:07:55 next week, the 30th of October at 11 a.m., for
18:08:00 passage by City Council.
18:08:05 >>LINDA SAUL-SENA: Do we need to take action?
18:08:07 >>MARTIN SHELBY: If you can make a motion to have
18:08:09 those set for the special called session at 11 a.m.
18:08:13 >> So moved.
18:08:14 >> Second.
18:08:14 (Motion carried).
18:08:15 >>JOHN DINGFELDER: And let me get this out of the way.
18:08:18 There was a gentleman that sat here patiently all day

18:08:21 long and never got heard.
18:08:22 It's kind of my fault.
18:08:23 So let me make it up to him.
18:08:25 But they wanted us to have a quick discussion about
18:08:28 the ability to have U-Haul locations in CG zonings.
18:08:34 That's all I will go into for today.
18:08:36 But if we could put that on the November 6th
18:08:39 agenda under, what, Marty?
18:08:43 >>MARTIN SHELBY: Well, you have 15 staff reports and
18:08:45 unfinished business for 10:30.
18:08:52 >>JOHN DINGFELDER: It will be a quick discussion.
18:08:55 I am going to ask council to put it into the January
18:08:57 set of chapter 27 amendments.
18:09:00 >>MARTIN SHELBY: Presently if council wishes on
18:09:02 November 20th, you only have one staff report
18:09:04 presently listed on your --
18:09:07 >>JOHN DINGFELDER: November 20 is fine.
18:09:10 >>LINDA SAUL-SENA: Second.
18:09:11 >>CHARLIE MIRANDA: I believe there was something, we
18:09:13 did something for one of the rental companies.
18:09:17 Enterprise rental, I think it was.
18:09:19 I'm not sure.

18:09:21 I think that was city-wide.
18:09:22 But anyway I'm not against that motion.
18:09:25 >>JOHN DINGFELDER: We have issues all over.
18:09:27 >>CHARLIE MIRANDA: Not a problem.
18:09:30 >>GWEN MILLER: All in favor?
18:09:31 (Motion carried.)
18:09:34 Ms. Feeley?
18:09:35 >>ABBYE FEELEY: Land Development Coordination.
18:09:41 I would like to quickly go through your agenda this
18:09:43 evening.
18:09:44 On item number 2 there was an e-mail requesting that
18:09:48 that petition be withdrawn, the vacating.
18:09:53 >> So moved.
18:09:54 >> Second.
18:09:54 >>GWEN MILLER: Motion and second.
18:09:55 (Motion carried).
18:09:56 >>ABBYE FEELEY: Item number 3, Z 07-88, the Gary
18:10:03 school, there has been written correspondence for that
18:10:05 application to be withdrawn as well.
18:10:07 >> So moved.
18:10:07 >> Second.
18:10:08 (Motion carried).

18:10:08 >>ABBYE FEELEY: Items number 6 and 9, those items are
18:10:16 traveling together.
18:10:17 It was a misnotice on one of those items.
18:10:20 And they need to be rescheduled.
18:10:22 Mr. Grandoff is here on behalf of the petitioner.
18:10:26 Mr. Grandoff has asked if December 11th would be
18:10:29 able to accommodate both those cases.
18:10:33 Just to let you know, council, you tentatively have
18:10:35 eight cases for that night, plus seven text amendments
18:10:39 which puts you at 15 cases.
18:10:41 So if you would waive your rules for those two cases
18:10:44 it would be 17 cases.
18:10:47 Staff suggested January 22nd to put those two cases
18:10:51 on.
18:10:52 But that is completely up to discussion of council.
18:10:57 >>GWEN MILLER: Motion?
18:10:58 >>JOHN DINGFELDER: Text amendments controversial or
18:11:01 just run of the mill?
18:11:03 >>ABBYE FEELEY: Some of them could be, and they could
18:11:06 take some time, which is in fact why we moved some of
18:11:08 them from November 13th when they were originally
18:11:11 scheduled to go, because there were several that were

18:11:14 moving forward.
18:11:15 >>CHARLIE MIRANDA: Could we ask the attorney, January
18:11:18 22nd, '09?
18:11:21 >>MARTIN SHELBY: The evening?
18:11:23 >> Yes, it would be 6:00.
18:11:26 >>MARTIN SHELBY: I believe tentatively, council, after
18:11:29 consultation with Ms. Coyle, we are suggesting the
18:11:33 evening meeting be moved to January 29th at 6
18:11:37 o'clock p.m.
18:11:42 Are you aware of that?
18:11:44 >>> No, I'm not.
18:11:45 We did have it set for January 8th.
18:11:47 And that is supposed to be the comp plan update on
18:11:50 January 8th.
18:11:50 Therefore we moved it to January 22nd.
18:11:53 But I have not heard of January 29th.
18:11:54 >>MARTIN SHELBY: Council, I am going to be suggesting
18:11:57 when I meet with you individually over the next week
18:12:00 that you meet on the 29th because the 22nd is also
18:12:02 a day meeting so you will have one of those long day
18:12:04 meetings.
18:12:05 1:30 alcohol meetings.

18:12:06 And my understanding is that council would prefer not
18:12:09 to have anything in the afternoon when they have a
18:12:11 night meeting.
18:12:12 So the resolution -- your tentative schedule is to
18:12:17 move it to the 29th.
18:12:18 >>GWEN MILLER: January 29th?
18:12:21 >>MARTIN SHELBY: If that's council's pleasure.
18:12:22 If they don't wish it in December.
18:12:24 Only other date you have for the land rezoning is
18:12:26 tentatively scheduled for the 29th.
18:12:28 >>GWEN MILLER: Can we get a mocks to that?
18:12:32 >>CHARLIE MIRANDA: So moved.
18:12:32 >> Second.
18:12:33 (Motion carried).
18:12:33 >>> Lastly, I would ask on item number 7, Z 08-31,
18:12:44 that that item be removed from the agenda to be
18:12:46 rescheduled at a later date.
18:12:48 >> So moved.
18:12:49 >> Second.
18:12:49 (Motion carried).
18:12:50 >>GWEN MILLER: Anyone that's going to speak on item
18:13:04 number 1, 4, 5.

18:13:09 That's it.
18:13:10 >>MARTIN SHELBY: I believe number 8 as well.
18:13:12 >>GWEN MILLER: 5 and 8.
18:13:15 Okay.
18:13:15 (Oath administered by Clerk)
18:13:18 >>MARTIN SHELBY: Council, I ask that all written
18:13:22 material relative to tonight's hearings which have
18:13:23 been available for public inspection of City Council
18:13:26 office be received and filed at this time prior to
18:13:30 action.
18:13:31 By motion, please.
18:13:32 >>CHARLIE MIRANDA: So moved.
18:13:36 >> Second.
18:13:36 (Motion carried).
18:13:37 >>MARTIN SHELBY: Just a reminder very quickly if
18:13:39 there's been any ex parte communications please
18:13:42 disclose those prayer to the vote.
18:13:44 Lastly, ladies and gentlemen, I put a sign up to
18:13:46 remind you please reaffirm that you have been sworn,
18:13:49 and there is a sign-in sheet outside, if you haven't
18:13:53 signed in and you do intend to testify make sure you
18:13:55 signed that.

18:13:56 I thank you very much.
18:14:00 >>GWEN MILLER: Do you want to say anything or do you
18:14:03 just want us to vote, on number 1?
18:14:06 >>JULIA COLE: Legal department.
18:14:18 I believe the petitioner is proposing to add some
18:14:20 additional conditions to the ordinance.
18:14:23 It's the pleasure of council.
18:14:24 I do have an ordinance adding those conditions that I
18:14:26 can substitute for the ordinance in front of you.
18:14:31 >>> Joseph Diaz, and I have been sworn.
18:14:33 The last time we were here you had asked me to check
18:14:35 with my client to answer three questions for you all.
18:14:38 Mr. Dingfelder, you posed a question would my clients
18:14:42 be willing to accept the hours of operations of Sunday
18:14:44 through Thursday till 10:00, Fridays and Saturdays
18:14:48 till 11:00.
18:14:49 The answer is yes.
18:14:52 Ms. Saul-Sena, we had a discussion whether or not my
18:14:55 client was advancing that it was asking or requesting
18:14:58 for a one-year conditional.
18:15:00 The answer is yes.
18:15:01 >>LINDA SAUL-SENA: Perfect.

18:15:05 >>> Ms. Miller, you asked a question was there going
18:15:08 to be any loud music or dee-jay.
18:15:11 I can a sure you there's going to be no live music
18:15:14 when we are closing at 10:00 at night during the week
18:15:19 and eleven.
18:15:19 May there be some recorded music at times?
18:15:22 Yes, ma'am, but there will never be loud music, not
18:15:25 with those hours of operations.
18:15:26 So we would have no problems stipulating to no live
18:15:30 entertainment, no live music whatsoever.
18:15:33 We would hope that you wouldn't restrict our ability
18:15:35 to play recorded music.
18:15:37 But once again, we will take the hours of operation as
18:15:41 advanced.
18:15:41 And Mr. Dingfelder, we would request a one-year
18:15:44 conditional.
18:15:48 >>MARTIN SHELBY: I believe, council, that if council
18:15:52 wishes to accept those conditions, that Ms. Kert had
18:15:58 prepared and given to Ms. Cole a copy of the
18:16:00 ordinance, if council chooses to go forward on first
18:16:04 reading.
18:16:04 If council beneficiaries to take public comment after

18:16:06 those three conditions and give Mr. Diaz an
18:16:10 opportunity for rebuttal and closing prior to the
18:16:12 vote, that's council's choice.
18:16:13 The other thing, council, is a reminder, just so you
18:16:17 know, that obviously the public would have an
18:16:20 additional opportunity at second reading and the
18:16:23 adoption public hearing to address the concerns again,
18:16:26 if there are any.
18:16:27 And again, Mr. Diaz would have the opportunity to
18:16:29 address council and rebut.
18:16:30 >>GWEN MILLER: What's the pleasure of council?
18:16:33 >>CHARLIE MIRANDA: I can only speak for myself, Madam
18:16:34 Chair.
18:16:35 There's been individuals here who have come two or
18:16:38 three times, and I think in order of fairness they
18:16:43 should be allowed to speak, only because for whatever
18:16:46 reason I came in today, and although I have a little
18:16:48 fever, it's not Philly fever, I'll tell you that, but
18:16:56 I think it's incumbent upon us to listen to those
18:16:59 people, in only the areas that Mr. Dais spoke to that
18:17:03 were directed questions from the council.
18:17:05 And I believe the public should at least have the

18:17:07 courtesy of the input on those areas that were
18:17:10 discussed and asked of Mr. Diaz and his client.
18:17:15 >>GWEN MILLER: Is everybody agreeing?
18:17:17 Ms. Saul-Sena?
18:17:18 >>LINDA SAUL-SENA: With all due respect, Mr. Miranda,
18:17:20 I feel like we have been over this and over this and
18:17:22 over this.
18:17:22 This is our first reading.
18:17:23 I think we should just go ahead and vote, and people
18:17:26 can come and speak next time.
18:17:27 >>CHARLIE MIRANDA: I understand that.
18:17:29 But I know there's a police chief or assistant police
18:17:33 chief.
18:17:33 I know I have got e-mails.
18:17:35 I don't know how I get them because I don't have a
18:17:37 computer, but I get them.
18:17:40 How do you like that?
18:17:42 But these people -- and I'm not trying to debate
18:17:46 anything, but they have come here at least three
18:17:48 times, and in fairness to them.
18:17:50 And I'm not saying it's right.
18:17:51 I'm just saying my view.

18:17:53 If council chooses to do different I'm not going to
18:17:56 dispute that.
18:17:56 >>GWEN MILLER: We need a motion then because we have
18:17:58 two opinions.
18:18:00 >>MARY MULHERN: I'll move to allow the public to
18:18:03 speak.
18:18:03 >> Second.
18:18:04 >>GWEN MILLER: We have a motion and second.
18:18:05 All in favor of the motion say Aye.
18:18:07 Opposed, Nay.
18:18:08 >>JOHN DINGFELDER: On a limited basis.
18:18:10 >>GWEN MILLER: Is there anyone in the public that
18:18:11 wants to speak on item number 1?
18:18:13 You may speak only on those conditions that were
18:18:16 stated by the petitioner.
18:18:17 The hours of operation, no music, and one year
18:18:22 conditional.
18:18:23 Only ones you can talk on.
18:18:26 >>> I'm Alice Snelling, the co-chair of Tampa alcohol
18:18:31 coalition.
18:18:32 One is the hours of closing at 10 p.m. during the
18:18:34 week, 11 p.m. on the weekends, also no live music and

18:18:39 conditional license for one year.
18:18:41 We oppose the 4(COP-R) no matter what the time is, or
18:18:46 whether or not they have live music, or the
18:18:48 conditional license, because of the business pattern
18:18:50 that we have been through our investigation found that
18:18:54 occurred in Orlando.
18:18:55 And although we realize that is a 4(COP) and it's a
18:18:59 bar, and this is a restaurant, it's still the same
18:19:01 owner, same management, they still want to cater to
18:19:04 the college crowd, they said in a newspaper article
18:19:08 they intend to do that, and they also want to hire the
18:19:10 college crowd.
18:19:11 So it could be an earlier college environment where
18:19:14 they still could have any kind of drink specials they
18:19:17 want, there's no conditions on that.
18:19:19 They could have drinking games, which they have in
18:19:21 Orlando, they have drinking pitchers and various types
18:19:25 of things that encourage binge drinking.
18:19:27 We feel even under these conditions, there still could
18:19:30 be binge drinking and alcohol-related consequences
18:19:33 including DUI crashes.
18:19:36 Since we are number one in the whole state in alcohol

18:19:38 related crashes, injury and fatality in Hillsborough
18:19:42 County, and this particular location is right across
18:19:45 the street from USF, we feel it's just too much of a
18:19:48 chance to take.
18:19:49 And one last thing is on the waiver.
18:19:51 I think it's up to scoop to prove they would not
18:19:55 affect the health, welfare and safety of the
18:19:58 neighborhood and the community, that they can come up
18:19:59 with a plan in showing that they would not have binge
18:20:02 drinking.
18:20:03 >>GWEN MILLER: Next speaker.
18:20:10 >> Interim police chief for Temple Terrace.
18:20:14 We at Temple Terrace are opposed to the conditions
18:20:16 that were included tonight.
18:20:20 The hours of operation will not prevent drink
18:20:24 specials, as Alice stated.
18:20:31 We totally agree with that.
18:20:32 It's still going to affect our traffic during the day.
18:20:35 It doesn't matter what time they close.
18:20:38 They are still driving through the city of Temple
18:20:39 Terrace if they exit to the north to Fowler, they will
18:20:43 be in our city, and it's going to increase our traffic

18:20:46 at that intersection, traffic on Fowler already is a
18:20:51 problem.
18:20:53 Especially in the early hours of the evening.
18:20:57 So it's not going to affect -- it not going to
18:21:00 decrease with a large establishment like that going
18:21:03 in.
18:21:03 So we at Temple Terrace are opposed to waiving even
18:21:09 these conditions.
18:21:10 Thank you.
18:21:12 >>> My name is Karen Hernandez.
18:21:15 I'm at 12110 Forest Hill drive, Tampa, Florida, and I
18:21:20 have been asked by the members of the EL Bethel church
18:21:25 which is 800 feet away to come up and oppose the
18:21:30 conditions that Mr. Diaz has put before you.
18:21:34 As for daytime hours, there is nothing stopping
18:21:37 Saturday or Sunday day parties at which it would
18:21:42 interfere with church services or church functions as
18:21:47 the property is directly on the other side of the wall
18:21:54 in Tampa.
18:21:55 The music, Mr. Diaz, I believe, stated he couldn't a
18:21:59 sure that there would not be any kind of music.
18:22:01 Once again, the daytime hours that we are speaking of

18:22:07 still directly conflict with what the church it has.
18:22:14 If they had a Saturday and Sunday drink special party
18:22:17 starting at 11:00, then at that point the church is
18:22:21 concerned that it will interfere with their daytime
18:22:24 services, not just the evening issue.
18:22:26 So the church is opposed to the wet zoning, and
18:22:30 alcohol of any form being served on this property.
18:22:33 Thank you.
18:22:39 >>> My name is Becky gauge.
18:22:41 I'm a victim advocate with mothers against drunk
18:22:44 driving, Hillsborough County.
18:22:45 I would, as a victim advocate, oppose the conditions.
18:22:50 Since Hillsborough County remains number one in the
18:22:53 state for DUI crashes and injury, we consistently rank
18:22:58 either number one, two or three in DUI fatalities.
18:23:01 In the past year, our DUI fatalities have increased
18:23:06 over 45%, and the huge number of the defendants that
18:23:10 we are seeing in the courtroom are under the age of
18:23:12 25.
18:23:15 A bar oriented to the college age is definitely going
18:23:22 to have some consideration as to an increase in
18:23:24 fatalities and crashes and injuries in our county.

18:23:28 I would oppose that.
18:23:30 I deal with the victims every day and have a lot of
18:23:33 information to explain to them and try to help them
18:23:36 through this process.
18:23:37 Thank you.
18:23:37 >>GWEN MILLER: Thank you.
18:23:39 Mr. Diaz.
18:23:50 >>> Madam Chairman, it's like a changing ball.
18:23:52 I was here last time, heard the concerns, addressed
18:23:56 it.
18:23:56 I'm kind of shocked because when we had our initial
18:24:00 meeting here Ms. Hernandez said she was the official
18:24:03 representative of the coalition and her sworn
18:24:06 testimony at that time was it keeps insisting it wants
18:24:11 to be a restaurant.
18:24:12 We have no problems with that.
18:24:12 At least let them run as a restaurant.
18:24:15 I understand the restaurant's closing time is eleven
18:24:17 on week days, midnight on the weekends.
18:24:21 We come here.
18:24:22 We met the hours that you want for a restaurant.
18:24:28 Asked for a conditional.

18:24:29 We answered your questions.
18:24:31 We respectfully request you approve our petition in
18:24:34 accordance with the conditions and the limitations
18:24:37 that we set forth, ma'am.
18:24:47 >>GWEN MILLER: Questions from council members?
18:24:50 Need to close the public hearing.
18:24:51 >> So moved.
18:24:52 >> Second.
18:24:52 (Motion carried).
18:24:53 >>JOSEPH P. CAETANO: Madam Chairman, this is in my
18:24:57 district.
18:24:57 I have talked to the mayors.
18:25:08 This was sent to Mary Mulhern.
18:25:10 It's quite a long letter where these young kids went
18:25:13 into scoops up in Orlando, and the owner new these
18:25:16 kids weren't of age, and he gave them wristbands to
18:25:22 allow them to go to the front of the line.
18:25:24 Now, this is the owner of the establishment, a
18:25:26 gentleman who holds that license I know the police
18:25:34 department is against it.
18:25:37 It's on Fowler Avenue right at the end of our city
18:25:40 limits.

18:25:40 Fowler Avenue might have 150 cars, 150,000 cars a day.
18:25:45 It very dangerous.
18:25:48 And as Mr. Diaz said, at one of the hearings, that
18:25:54 there was a bar that opened up on the grounds of the
18:25:57 school, and it was closed.
18:25:59 It was not closed.
18:26:01 I corrected it and told him and the audience that
18:26:05 anybody who had classes during the day was not
18:26:08 permitted in that place, and this was at Beef
18:26:11 O'Brady's.
18:26:12 It's still in operation.
18:26:13 So I'm opposed to it.
18:26:15 My motion is to deny.
18:26:16 >>LINDA SAUL-SENA: Second.
18:26:18 >>CHAIRMAN: Motion and second for denial.
18:26:20 Mr. Shelby.
18:26:24 >>MARTIN SHELBY: Council, I want to make sure that we
18:26:26 get the correct provision and basis.
18:26:29 It would be with regard to the waiver, the granting of
18:26:31 the waivers?
18:26:34 But denying --
18:26:36 >>JOSEPH P. CAETANO: Deny the permit.

18:26:38 >>MARTIN SHELBY: Denying the permit.
18:26:39 >>CHARLIE MIRANDA: Madam Chair, I don't know, if I can
18:26:44 ask our attorney a question, do I have to open the
18:26:46 hearing?
18:26:49 >> Yes.
18:26:49 >>CHARLIE MIRANDA: Let me ask any attorney employed by
18:26:53 the City of Tampa, in any form or fashion.
18:27:02 I'm just thinking of the question.
18:27:04 I'm going to oppose it.
18:27:06 I want to make sure that given the last six weeks or
18:27:16 so, that we haven't put ourselves in a hole where we
18:27:20 can't act and react.
18:27:22 We have asked certain questions of the petitioner.
18:27:25 Whether I like them or not is another question.
18:27:28 And during that process, we have asked certain
18:27:32 statements.
18:27:34 They have come back and answered those statements.
18:27:36 And if I may have a legal opinion on the ramification,
18:27:41 if this is turned down, what happens?
18:27:44 Do we have avenues for us being incorrectly asking
18:27:50 those questions, and then giving us the answer that we
18:27:53 look for and then denial?

18:27:55 >>MARTIN SHELBY: Council, ultimately -- and that is a
18:28:01 very good question, Mr. Miranda.
18:28:04 Did you ask specifically those questions of the
18:28:08 petitioner.
18:28:11 Council is not bound, or did not bind itself by
18:28:14 saying, if you meet those conditions we will grant you
18:28:18 that petition.
18:28:19 There are still standards that do have to be met, if
18:28:26 council wishes, we can make reference to the general
18:28:32 standards such as 27-269, that the use will ensure the
18:28:41 public health, safety and public real fair if located
18:28:47 where proposed and developed and operated according to
18:28:50 the plan as submitted.
18:28:51 You also have the distance waivers.
18:28:53 Council, I would recommend that what you have before
18:29:00 you is different than what is in Orlando.
18:29:10 And the petition you have before you should be judged
18:29:12 on the merit of the petition, what's being asked for,
18:29:15 and the testimony that you have heard at the hearing.
18:29:18 And again the hearing -- this is a continued public
18:29:21 hearing so your previous disclosure of discussion with
18:29:24 the mayor or any other ex parte communications, the

18:29:27 documents that have been placed into evidence, what is
18:29:31 in Orlando is a 4(COP), does not have the conditions
18:29:36 as agreed to.
18:29:37 So my suggestion would be if the motion is to deny, I
18:29:42 think it is incumbent upon council to state forth what
18:29:47 the reasons are relative to this particular petition
18:29:49 based on evidence that you have heard, the
18:29:53 substantial, competent evidence that you have heard
18:29:58 that supports your position so that if council
18:30:00 ultimately does vote to deny, then when a court
18:30:03 reviews council's decision, it will see that due
18:30:08 process was afforded and that it was based on
18:30:13 competent and substantial evidence.
18:30:15 So my suggestion would be that if council does wish to
18:30:18 deny, that it be on the basis of findings of fact that
18:30:25 relate to the standards, and your decisions to not
18:30:29 grant the waivers or that it doesn't meet the certain
18:30:31 standards.
18:30:34 >>CHARLIE MIRANDA: Thank you, Mr. Shelby, for that.
18:30:38 As you know we vote yes or Nay on various liquor
18:30:42 zonings because we feel that place was food or bad for
18:30:44 the general public.

18:30:45 That has been an ongoing thing with this council and
18:30:49 past councils.
18:30:50 I myself have voted against many liquor zonings on my
18:30:53 own.
18:30:54 And they have passed on the other side, all the other
18:30:59 times I remember they have passed, in some cases.
18:31:01 So I want to get that on the record to make sure that
18:31:03 this petition was not linked directly because there
18:31:06 was evidence brought into the record that this --
18:31:09 Orlando was mentioned today again, that it's not the
18:31:11 same, it's not the same alcohol zoning, it does not
18:31:14 have -- it has restrictions of hours, Orlando does not
18:31:22 and I don't want to get involved between Orlando's
18:31:25 mental thing and this reality here.
18:31:26 And that's all that I'm saying.
18:31:28 >> This petition is located -- the request is very
18:31:36 close to two churches, and they have to ask for a
18:31:39 waiver, and we have testimony on the record from
18:31:43 representatives of those churches that they did not
18:31:45 feel that this is an appropriate place for a liquor
18:31:49 permit.
18:31:50 And we received testimony from the University of South

18:31:54 Florida who is concerned about the location, and the
18:31:59 administration, the mayor, and then the police chief
18:32:03 from Temple Terrace, all on the record, raising
18:32:08 objections to the issuing of a permit at this
18:32:11 location.
18:32:11 >>GWEN MILLER: Other comments by councilmen?
18:32:13 We have a motion for denial.
18:32:15 All in favor of that motion say Aye.
18:32:17 Opposed, Nay.
18:32:18 >>JOHN DINGFELDER: No.
18:32:25 >>MARTIN SHELBY: Was that in N relation to the waivers
18:32:27 section 27-272, and also section 27-269, the general
18:32:33 standards?
18:32:34 Was that the basis of your decision?
18:32:36 >>JOSEPH P. CAETANO: The motion to deny wipes out the
18:32:39 waivers, correct?
18:32:40 >>MARTIN SHELBY: You are not granting the waivers, and
18:32:42 with regard to the general standards, with regard to
18:32:44 the public safety and health and welfare, section
18:32:47 27-269, is that also the basis of your decision?
18:32:53 I just want to be clear.
18:32:55 >>JOSEPH P. CAETANO: It says here the use will ensure

18:32:59 the public health, safety and general welfare is
18:33:01 located where proposed and developed and operated in
18:33:06 the plan as submitted.
18:33:07 My opinion, it not for the benefit of the welfare of
18:33:09 the people.
18:33:14 >>THE CLERK: Motion carried with Dingfelder voting no
18:33:16 and Scott being absent.
18:33:19 >>GWEN MILLER: We need to open item number 4.
18:33:21 >> So moved.
18:33:22 >> Second.
18:33:22 (Motion carried)
18:33:36 >>ABBYE FEELEY: Land development.
18:33:37 Item number 4 on your agenda this evening, Z 08-59 is
18:33:42 located at 3601 south Manhattan Avenue, petitioner
18:33:48 Brucie Klay's dance center is requesting a rezoning
18:33:52 from CG commercial general to PD planned development,
18:33:55 dance studio.
18:33:56 There are seven waivers associated with the request.
18:33:59 Section 27-130 to reduce the required buffer from 15
18:34:03 feet to 6-foot masonry wall, with a 6-foot wood fence.
18:34:09 27-242, reduce the required number of parking spaces
18:34:12 from 23 to 21.

18:34:14 Section 27-246, page 1, to allow parking spaces along
18:34:18 the east, maneuver in the right-of-way.
18:34:21 Section 13-161, reduce the required landscape buffer
18:34:24 from 8-foot to three and a half foot along the north,
18:34:27 and to zero foot along the east.
18:34:30 27-246-J to allow nonresidential access to a local
18:34:34 street.
18:34:35 13-161-AE, a waiver of 295 square feet of required
18:34:40 green space, with a payment of fee in lieu, and
18:34:44 27-246-B-1 to allow compact parking for 66.7% of the
18:34:49 required spaces.
18:34:51 The petitioner is proposing to rezone the property at
18:34:54 3601 south Manhattan from CG to PD to expand the
18:34:58 existing dance studio. The site contains an existing
18:35:08 3900 square foot building, proposing an addition along
18:35:11 the southern portion of the site.
18:35:13 The site will be accessed from south Manhattan Avenue
18:35:16 with an exit only onto Kensington.
18:35:19 The maximum building height is 25 feet, PD setbacks
18:35:23 are as follows, north 3.5 feet, east 10 feet, west 10
18:35:28 seat, south 10 feet, a total of 23 parking spaces are
18:35:31 required and 21 are being required including one ADA

18:35:35 and 14 compact.
18:35:36 Site is surrounded by a mix of commercial uses to the
18:35:39 north, south and east and residential uses to the
18:35:42 west.
18:35:45 Just to show you the zoning at last page, the site is
18:35:51 shown in green, comes to the north, Manhattan to the
18:35:54 east, and Euclid to the south.
18:35:56 As you can see everything along this segment of
18:35:58 Manhattan is CG zoning, RS-60 to the rear, and you
18:36:03 have some residential office and other residential
18:36:08 mixed in.
18:36:09 The CG actually goes up and makes a loop on EL-PRADO.
18:36:16 To show you an aerial of the site.
18:36:20 Looking west at the site on Manhattan, this is the
18:36:36 southern portion of the site.
18:36:41 This half of the site on Manhattan.
18:36:47 This east of the site of Manhattan.
18:36:52 East of the site.
18:36:57 Northeast of the site on the corner of Manhattan and
18:37:01 Kensington.
18:37:03 North of the site, Kensington to Manhattan.
18:37:08 Northwest of the site.

18:37:13 West of the site.
18:37:18 Development review committee has reviewed the petition
18:37:20 and finds it inconsistent with the City of Tampa Land
18:37:23 Development Code.
18:37:24 However, modifications, and there are two small notes
18:37:30 that need to be added to the site plan and I will read
18:37:32 those into the record regarding landscape, are
18:37:35 modified between first and second reading.
18:37:38 Staff will find this consistent, with the exception of
18:37:40 transportation.
18:37:41 That has two objections related to ingress and egress
18:37:45 to nonresidential parking lot, and that all off-street
18:37:50 parking spaces are required to maneuver on private
18:37:54 property.
18:37:56 The two notes that are needed for landscape include a
18:37:59 note for commitment to use structural soils in those
18:38:04 areas where a six-foot protective radius cannot be met
18:38:08 and also that landscape note number 4 needs to be
18:38:10 removed, as it is obsolete.
18:38:12 Staff is available for any questions.
18:38:29 >>TONY GARCIA: Planning Commission staff.
18:38:30 I have been sworn.

18:38:31 To add on to Ms. Feeley's comments from the comp plan
18:38:35 perspective I would like to let you all be aware of
18:38:39 the land use conditions.
18:38:41 It is located in the South Tampa area, located on the
18:38:43 southwest corner of the intersection of Manhattan and
18:38:47 Kensington in, close proximity of a neighborhood
18:38:52 commercial activity center over here at the
18:38:54 intersection of El Prado and Manhattan, and the land
18:38:58 use category shown here mixed use allows a variety of
18:39:11 uses, as well as residential uses, but primarily mixed
18:39:16 use type of concept.
18:39:17 So if Manhattan is classified as a collector road and
18:39:22 as one can see over here on the aerials, there are a
18:39:25 variety of low intensity types of uses.
18:39:28 You have some age commercial, some other neighborhood
18:39:32 serving community uses that have been patronized by
18:39:36 the citizens of the area for quite a few decades now.
18:39:39 As you can see the site in question also interfaces
18:39:42 several low intensity types of nonresidential uses,
18:39:46 directly across the street to the east.
18:39:48 Request is for an expansion of an existing use and
18:39:50 should not exacerbate or create any additional adverse

18:39:53 impacts to the surrounding residential area.
18:39:56 Planning Commission staff found the proposed request
18:39:58 consistent with.
18:40:01 >>GWEN MILLER: Petitioner?
18:40:02 >>> John LaRocca representing petitioner.
18:40:11 I have been sworn.
18:40:12 The petitioner Brucie Klay's dance center, Inc., with
18:40:19 me are the owner of Brucie Klay dance center and campo
18:40:25 engineering who prepared the site plan.
18:40:27 Purpose of the rezoning to PD was to accomplish as
18:40:30 stated previously the addition of one studio within
18:40:33 the dance center.
18:40:35 For those of you who are familiar with the dance
18:40:37 center, my daughter is a dancer there.
18:40:39 There are three studios that are fairly small in size,
18:40:42 and --
18:40:44 >> She obviously has her mother's graces then.
18:40:47 >> Yes. She's been dancing there for ten years.
18:40:52 And one of the reasons for this expansion is to
18:40:55 provide a room that is a size that there could be
18:40:59 large group practice as many of the dances that they
18:41:02 practice for in their competition and other programs

18:41:05 they dance in the parking lot, and they do make use of
18:41:09 the premises, but not necessarily the studio, as they
18:41:12 should.
18:41:13 A very difficult situation.
18:41:14 But every attempt has been made through Mathieu
18:41:17 campo's engineering firm to develop a site plan within
18:41:20 the CG zoning standards, and there have been months
18:41:24 and months of work and development of the site plan,
18:41:27 and it boils down to these waivers that we have before
18:41:30 us today.
18:41:30 The existing structure, for those not familiar with
18:41:35 the location, the old Curry pharmacy site, an existing
18:41:39 building that will be added to, in fact the site is
18:41:41 being improved with additional green space, we are
18:41:43 eliminating some backup parking into Kensington, what
18:41:48 we are seeking and maneuvering onto the local street
18:41:51 is currently existing, and backing and maneuvering
18:41:54 into the right-of-way in Manhattan does not back into
18:41:57 the street but actually --
18:42:00 >>GWEN MILLER: Is there anyone in opposition that
18:42:03 would like to speak on this petition?
18:42:04 >>> With that said, and to actually -- we respectfully

18:42:13 ask approval and we'll be glad to answer any
18:42:15 questions.
18:42:15 Thank you.
18:42:17 >>CHARLIE MIRANDA: I think that's close across from
18:42:23 the very famous car wash in close proximity to the Jan
18:42:28 Platt library which Mr. Garcia did not bring up.
18:42:31 Thank you, Mr. Garcia.
18:42:33 >>GWEN MILLER: I have a motion and second to close.
18:42:35 (Motion carried).
18:42:36 >>THE CLERK: Did not receive an ordinance for this or
18:42:43 the other files.
18:42:45 >>GWEN MILLER: Need a motion to prepare it.
18:42:47 Do you have one?
18:43:13 >>JOHN DINGFELDER: It's a pleasure to read this for
18:43:15 approval.
18:43:19 Ms. Klay has been operating this at various locations
18:43:24 for many years and fantastic.
18:43:26 She needs to expand.
18:43:27 With that I'll move an ordinance rezoning property in
18:43:29 the general vicinity of 3601 south Manhattan Avenue in
18:43:32 the city of Tampa, Florida more particularly described
18:43:34 in section 1 from zoning district classifications CG

18:43:37 commercial general to PD planned development, dance
18:43:40 studio, providing an effective date.
18:43:41 >>GWEN MILLER: I have a motion and second.
18:43:43 All in favor of the motion say Aye.
18:43:45 Opposed, Nay.
18:43:46 >>THE CLERK: Motion carried with Scott being absent.
18:43:54 Second reading and adoption will be on November
18:43:57 6th at 9:30 a.m.
18:44:00 >>> Mr. Dingfelder, that motion did include those two
18:44:02 conditions?
18:44:03 >>JOHN DINGFELDER: That's correct.
18:44:05 >>CHARLIE MIRANDA: Move to open number 5.
18:44:07 >> Second.
18:44:07 (Motion carried)
18:44:13 .
18:44:23 >>> Item number 5 this evening, Abbye Feeley, Land
18:44:42 Development Coordination, is Z 08-56, 402 east Palm
18:44:48 Avenue, and the petitioner is Cedric B. Fluker.
18:44:52 Petitioner is requesting a rezoning from RM-24 to PD
18:44:57 planned development for office business professional.
18:44:59 It is located in the Tampa Heights historic district,
18:45:02 and goes before the architectural review commission on

18:45:07 October 8th.
18:45:07 The ARC did vote to recommend approval for the PD with
18:45:10 the following conditions.
18:45:13 And there were five conditions.
18:45:15 They are on page 1 of the staff report and all five of
18:45:18 those conditions have been met.
18:45:20 So there are a couple waivers associated with the
18:45:25 petition this evening.
18:45:27 One is section 27-246 to allow nonresidential access
18:45:31 to an alley.
18:45:35 27-130, to reduce required buffering from 15 feet to 3
18:45:37 feet.
18:45:38 27-130 to allow for a six-foot wood fence in lieu of
18:45:42 masonry wall along the east.
18:45:45 27-324-1-D-1 which is the waiver that needs to be
18:45:50 amended in between first and second reading, it is
18:45:52 referring to the wrong section on the site plan, and
18:45:55 that is to reduce the required solid waste buffer from
18:45:57 8 feet to zero feet.
18:45:59 Reduce the required drive aisle from 26 feet to 25
18:46:03 feet.
18:46:03 Reduce the required vehicle use area buffer from 8

18:46:06 feet to 6 feet along the northwest and 8 feet to zero
18:46:09 along the northeast.
18:46:12 Waiver number 6 that I just read off needs to be added
18:46:15 between first and second reading.
18:46:18 Then section 13-161 E, a waiver of 132 square feet of
18:46:22 green space to be paid fee in lieu, and that also
18:46:25 needs to be added between first and second reading.
18:46:27 I have given you a revision sheet for all those items
18:46:30 that do need to be added between first and second
18:46:32 reading.
18:46:33 I will go ahead and show you the site.
18:46:39 They are proposing to rezone the property from RM-24
18:46:42 to PD to convert the existing 2000 square foot
18:46:45 two-story building to business professional office
18:46:47 use.
18:46:48 The site contains 11,970 square feet, maximum building
18:46:53 height will be 35 feet from the PD setback as follows,
18:46:57 which reflect the existing building.
18:46:59 North 40 feet, east 26 feet, west 4 feet and south 18
18:47:04 feet.
18:47:04 Total of 7 parking spaces are required and eight
18:47:09 spaces will be provided.

18:47:10 The site is surrounded with residential uses to the
18:47:12 north and east and commercial uses to the west and
18:47:15 south.
18:47:16 This is a picture of the subject site.
18:47:23 Looking north at palm.
18:47:27 Another view of the site.
18:47:31 This is a photo of the rear of the site.
18:47:35 Looking south.
18:47:39 This is east of the site on palm.
18:47:45 This is southeast of the site on palm.
18:47:47 This is a PD.
18:47:48 I'll show you on the zoning atlas where this is.
18:47:53 This is directly south of the site on palm.
18:47:57 It's a vacant lot.
18:47:58 And another PD south west of the site on palm.
18:48:04 Professional office.
18:48:05 This is west of the site on Jefferson and palm.
18:48:10 Another PD.
18:48:12 And north on the site.
18:48:17 Go back to the zoning at last quickly and I can show
18:48:20 you the PD.
18:48:25 Shown in green.

18:48:26 Palm to the south.
18:48:27 Jefferson to the west.
18:48:31 One of the first PDs is directly southeast, was an
18:48:35 office.
18:48:35 Then you have that vacant lot.
18:48:36 And then another PD which is an office on the corner
18:48:39 of palm and Jefferson.
18:48:42 And then the last one I showed you was right next to
18:48:45 the subject property.
18:48:47 So there is a mix of use with residential lot of
18:48:50 conversion, business professional office in this area,
18:48:55 went out of order.
18:48:57 Here is the aerial of the site.
18:49:00 To see the interstate to the east.
18:49:03 Again Jefferson.
18:49:05 Centro.
18:49:05 And palm to the south.
18:49:15 DOC did review this case and found it inconsistent.
18:49:19 There are some requested modifications in between
18:49:21 first and second reading.
18:49:22 A lot of those inconsistencies will go away with the
18:49:26 exception of transportation.

18:49:30 Staff has objection related to access on a local
18:49:33 street for nonresidential traffic.
18:49:38 I think you can see the changes that need to be made
18:49:40 on page 2 of the staff report related to some data and
18:49:45 landscaping and the waivers I mentioned at the
18:49:47 beginning.
18:49:49 Staff is available for any questions.
18:50:01 >>TONY GARCIA: Planning Commission staff.
18:50:02 I have been sworn.
18:50:07 This segment of Tampa which of course is known as
18:50:09 Tampa Heights neighborhood has in this particular area
18:50:13 two predominant land use designations, residential 83
18:50:17 which is south of Ross Avenue, pretty intense, 83
18:50:23 dwelling units to the acre.
18:50:24 And then of course you have residential 35 to the
18:50:26 north of Ross.
18:50:28 This is east of Florida Avenue, west of the
18:50:31 interstate, just west out of the gateway going to Ybor
18:50:36 City.
18:50:36 This is also located within the historic residential
18:50:41 neighborhood within Tampa Heights.
18:50:44 As a matter of fact, this structure is considered a

18:50:46 contributing structure in the Tampa Heights area which
18:50:49 is why it was in front of ARC for review and as now
18:50:55 they have much more stringent a and are required to go
18:50:58 to that board before coming to council.
18:51:01 You all have seen photographs of the site in question.
18:51:04 It does have the lovely porte-cochere that I know Mr.
18:51:10 Dingfelder likes so that's already a plus there.
18:51:13 The site is consistent as far as the adaptive reuse
18:51:16 provision in the comprehensive plan that allows the
18:51:18 use of a residential structure, other uses as long as
18:51:22 it retains its historic character, which the applicant
18:51:25 has agreed to do so.
18:51:27 Planning Commission staff has found the proposed
18:51:29 request consistent with the comprehensive plan.
18:51:31 I just want to add one more thing.
18:51:33 We do know about the intensity of the land use
18:51:35 category, but in saying that, in complying with
18:51:41 administrations, has been targeted and to create an
18:51:47 office district while retaining the historic
18:51:50 integrity, similar to what was done in the Historic
18:51:52 Hyde Park area, where we do also have a lot of
18:51:55 historic Victorian type of homes that have been

18:51:57 converted into professional office use.
18:52:00 Thank you.
18:52:01 >>GWEN MILLER: Petitioner?
18:52:06 >> Ralph Shuler, 1719 North Howard Avenue.
18:52:09 I am the agent for the petitioner.
18:52:13 Pretty straightforward, also project.
18:52:18 Really to the south and to the west -- I mean to the
18:52:21 east are a PD.
18:52:22 I think eventually all of Palm Avenue which is a
18:52:27 four-lane street will become professional office
18:52:29 district, to the south is another professional office
18:52:32 district.
18:52:32 >>GWEN MILLER: Let me interrupt you.
18:52:34 Is there anyone in the public that wants to speak on
18:52:36 item number 5?
18:52:37 >>LINDA SAUL-SENA: Move to close.
18:52:40 >> Second.
18:52:40 (Motion carried)
18:52:47 >>LINDA SAUL-SENA: I just want to the say this is
18:52:48 going to be lovely.
18:52:50 Congratulations.
18:52:51 I would like to move an ordinance rezoning property in

18:52:53 the general vicinity of 402 east Palm Avenue in the
18:52:56 city of Tampa, Florida and more particularly described
18:52:58 in section zoning district classifications RM-24
18:53:01 residential multifamily to PD planned development,
18:53:05 office, business, professional, providing an effective
18:53:08 date.
18:53:08 I'm including the items mentioned on the revision
18:53:11 sheet.
18:53:11 Do I need to read those?
18:53:16 >>GWEN MILLER: No.
18:53:17 I have a motion and second.
18:53:17 >>THE CLERK: Motion carried with Scott being absent.
18:53:22 Second reading and adoption will be on November
18:53:24 6th at 9:30 a.m.
18:53:26 >>GWEN MILLER: Open item number 8.
18:53:29 >>CHARLIE MIRANDA: So moved.
18:53:30 >> Second.
18:53:31 (Motion carried)
18:53:46 >>ABBYE FEELEY: Land Development Coordination.
18:53:47 The last item on your agenda this evening, council, is
18:53:51 Z 08-58.
18:53:53 It is a request for a rezoning from RS-50 residential

18:53:57 single-family to PD planned development, place of
18:54:00 religious assembly, located at 2404 and 2408 Stuart
18:54:04 street.
18:54:05 Petitioner is William Dobson.
18:54:07 There are several waivers associated with this request
18:54:12 as stated on page 1 of your site plan.
18:54:17 27-272 which is the special use criteria to allow
18:54:22 nonresidential access to a local street, 24th and
18:54:24 Stuart.
18:54:25 This is a waiver that needs to be amended in between
18:54:27 first and second reading and is included on the
18:54:30 revision sheet.
18:54:31 27-246-E to allow up to 50% grass parking, to be
18:54:37 amended between first and second.
18:54:39 It is included on the revision sheet.
18:54:41 Section 13-161 to reduce the required BUA buffer from
18:54:44 8 feet to 3 feet along the west and 8 foot to zero
18:54:49 feet along the alley, 27.272 special use criteria to
18:54:52 reduce the required side yard from 40 feet to eight
18:54:54 feet along the south and 40-foot -- this says it's 4
18:55:00 inches along the north.
18:55:02 I'm not sure if that needs to be feet.

18:55:04 To be amended between first and second reading.
18:55:07 On section 13-161-E, reduced required green space
18:55:11 buffer from 8 feet to 4 feet.
18:55:15 13-161-E for waiver of payment of fee in lieu of that
18:55:19 formerly reduced buffer at 132 square feet.
18:55:22 27-324, 1-D-1, to allow the reduction of the required
18:55:26 solid waste buffer from 8 feet to 4 feet to be added
18:55:30 between first and second reading and is on the
18:55:32 revision sheet.
18:55:33 27-246 B-1 to allow 69% compact parking spaces and
18:55:39 27-272 to allow signage in the side yard with zero
18:55:42 setbacks.
18:55:43 That also needs to be amended in between first and
18:55:46 second reading.
18:56:00 The property is here shown in green, Stuart street to
18:56:02 the south, 24th street to the west, 29th
18:56:06 street.
18:56:12 This is an existing church site that is seeking
18:56:15 expansion.
18:56:16 So it's one of those special uses, right now that they
18:56:19 are coming in under special use.
18:56:22 The reason why it is a PD and not a special use would

18:56:25 be the chapter 13 waivers that are necessary.
18:56:28 You can't waive chapter 13 tree and landscape code
18:56:31 under special use.
18:56:32 You can only waive that understood a PD.
18:56:34 That's why this petition is before you this evening as
18:56:36 a PD.
18:56:37 As you can see here, shown in yellow, Stuart again to
18:56:40 the south.
18:56:41 There is an existing building on the site, an existing
18:56:45 residential over these structures, there will be an
18:56:50 expansion here, parking here on the west, some parking
18:56:53 added here on the east.
18:56:57 I will show you some pictures of the site.
18:57:03 This is an existing structure which is currently --
18:57:09 that's the church facility.
18:57:14 Eastern portion of the site.
18:57:16 That is a residential structure that's on the site.
18:57:19 I believe it's going to be used as offices.
18:57:23 This is looking east from 24th toward the site, so
18:57:27 this area is going to be improved as parking.
18:57:34 This is north of the site on 24th.
18:57:39 This is west of the site.

18:57:45 This is south of the site, the corner of 24th and
18:57:48 Stuart.
18:57:50 This is south of the site on Stuart.
18:57:55 Another photo of the site on Stuart.
18:57:59 Development review committee has reviewed the petition
18:58:03 of the city code and find it inconsistent.
18:58:06 However, if the applicant revise it is site plan with
18:58:08 the required notes in between first and second reading
18:58:11 the DRC will find it consistent.
18:58:18 Those provisions have been provided you on Z 08-58.
18:58:21 They are technical in nature.
18:58:24 Needs amended waivers and needs some additions of a
18:58:29 few waivers that were not listed.
18:58:31 Staff is available for any questions.
18:58:38 I don't think I did a summary of the request which was
18:58:40 to construct -- I'm sorry, they wanted to construct a
18:58:45 2780 square foot two-story building on the southern
18:58:48 portion of the site.
18:58:49 The existing 2,028 square foot building will remain, a
18:58:54 vestibule is proposed for connectivity between the two
18:58:57 buildings as you can see on the site plan you have
18:58:59 been provided for review.

18:59:00 The site contains 23,750 square feet.
18:59:03 The setbacks will be north 46 feet, south 8 feet 3
18:59:08 inches, 9 feet and east 108 feet.
18:59:11 They are required 23 parking spaces based on the 75
18:59:15 feet capacity, and 23 spaces are being provided.
18:59:18 A waiver has been requested to allow 69% compact
18:59:22 spaces.
18:59:23 Code allows for up to 65% compact.
18:59:31 >>TONY GARCIA: Planning Commission staff.
18:59:33 I have been sworn.
18:59:35 Very quickly, let me go ahead and give you a quick
18:59:37 summary of what the future land use summary is for
18:59:39 this particular area.
18:59:40 As you can see it's residential 10.
18:59:44 It allows either single-family detached residential
18:59:47 homes, or duplexes in some cases, acreage allows, for
18:59:54 uses such as churches or daycares, and things of that
18:59:58 nature.
18:59:59 ACLS.
19:00:01 In this instance we are talking about a church.
19:00:05 They want to go ahead and expand for their hopefully
19:00:09 increasing congregation.

19:00:11 In the area.
19:00:12 Palmetto Beach, this area that we are looking at,
19:00:15 that's what the area is commonly known as.
19:00:17 This is one of our old established neighborhoods in
19:00:20 the inner cities.
19:00:21 Palmetto peach at one time was home to people that
19:00:24 worked in the cigar factories.
19:00:29 There are still some cigar factories in Palmetto Beach
19:00:32 and to the north of Ybor City.
19:00:33 So this is one of the places where people resided in,
19:00:36 working in those two major attractions for the City of
19:00:40 Tampa, cigar factories, in Palmetto Beach.
19:00:47 The request is interesting in that there's one thing
19:00:51 you had in Palmetto Beach besides the cigar factories
19:00:54 along 22nd, is you have homes, and you have churches.
19:00:58 There are quite a few churches in Palmetto Beach.
19:01:01 So I guess you have a pretty good representation here
19:01:08 for people that at least want to be in a community
19:01:10 that has community-serving uses in a walkable
19:01:13 environment.
19:01:13 That's going to be probably one of the biggest things.
19:01:15 You have a lot of churches, a lot of your people that

19:01:18 live in this area are going to want to be able to walk
19:01:22 to their locations to go ahead and worship.
19:01:24 So one thing that we were looking at in the site plan
19:01:29 was to make sure that this facility did have the
19:01:32 appropriate pedestrian connections for people that
19:01:34 want to go ahead and walk to the site from their
19:01:37 residences to go ahead and worship, and we believe
19:01:39 according to the site plan that we have seen that the
19:01:41 applicant is providing those accommodations for the
19:01:45 parishioners.
19:01:47 Planning Commission staff found the proposed request
19:01:48 consistent with the comprehensive plan.
19:01:50 >>GWEN MILLER: Petitioner?
19:01:58 >> My name is William Dobson, I'm the agent for the
19:02:01 church, and I have been sworn.
19:02:04 I believe that the city staff has adequately described
19:02:09 what we are prepared to do on the site and what we are
19:02:12 requesting.
19:02:13 If there are any other questions or details that you
19:02:15 need to be described to you, I'm happy to do that.
19:02:18 >>GWEN MILLER: Is there anyone in the public that
19:02:21 would like to speak against item number 8?

19:02:24 Anyone against 8?
19:02:25 >>CHARLIE MIRANDA: Move to close.
19:02:27 >> Second.
19:02:28 (Motion carried)
19:02:39 >>CHARLIE MIRANDA: Madam Chair, move item number 8
19:02:44 with the revised revision of the sheet, Z 08-58.
19:02:49 An ordinance rezoning property in the general vicinity
19:02:51 of 2404 and 2408 Stuart street in the city of Tampa,
19:02:56 Florida and more particularly described in section 1
19:02:58 African-American zoning district classification RS-50
19:03:00 residential single-family to PD planned development,
19:03:04 place of religious assembly, providing an effective
19:03:06 date.
19:03:08 >>GWEN MILLER: All in favor of the motion say Aye.
19:03:10 Opposed, Nay.
19:03:12 >>THE CLERK: Motion carried with Saul-Sena being
19:03:14 absent at vote, Scott being absent.
19:03:17 Second reading and adoption will be November 6th
19:03:19 at 9:30 a.m.
19:03:21 >>GWEN MILLER: Need to receive and file.
19:03:23 >>CHARLIE MIRANDA: Move motion to receive and file all
19:03:25 document presented this he can.

19:03:26 >>GWEN MILLER: Motion and second.
19:03:29 (Motion carried).
19:03:30 >>CHARLIE MIRANDA: Under new business if I may very
19:03:32 quickly, for the evening of the 11th of December
19:03:35 of '08 the community of waterwise awards I would like
19:03:40 to have two commendations prepared, one for
19:03:43 commercial, landmark realty, and one for residential,
19:03:49 Mr. Mike Hanstelt, on Packwood.
19:03:56 Again we are running critically low on water.
19:04:00 This is one of the dryest Octobers we have had so pray
19:04:03 for rain or we are going to run out.
19:04:05 >>GWEN MILLER: Any other new business?
19:04:07 >>JOSEPH P. CAETANO: I would like to get a report in
19:04:11 reference to the amount of permits for residential
19:04:13 property, and the amount of permits for commercial
19:04:17 property.
19:04:21 Written report.
19:04:21 >> Second.
19:04:23 (Motion carried).
19:04:23 >>GWEN MILLER: Mr. Dingfelder?
19:04:28 Anything else to come before council?
19:04:33 We stand adjourned.

19:04:34 (City Council meeting adjourned)


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