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Thursday, February 26, 2009
5:30 p.m. session

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17:29:20 >>THOMAS SCOTT: Tampa City Council it now come to
17:33:47 order.
17:33:47 We have a public hearing for 5:30.
17:33:49 Motion to open?
17:33:50 >> So moved.
17:33:50 >> Second.
17:33:51 >>THOMAS SCOTT: It's been moved and seconded.
17:33:53 All in favor signify by saying Aye.
17:33:56 Okay, roll call.
17:33:57 Thank you.
17:33:58 >>CHARLIE MIRANDA: Here.
17:34:01 >>GWEN MILLER: Here.
17:34:03 >>JOSEPH P. CAETANO: Here.
17:34:04 >>THOMAS SCOTT: Here.
17:34:11 We have a presentation at this time.
17:34:14 Administration?
17:34:14 >>JIM STEFAN: Jim Stefan, budget officer for the city.
17:34:24 One of the first steps in community development block
17:34:29 grant program for fiscal year '10, it's a public
17:34:34 hearing on needs.
17:34:37 If I can have the slides.
17:34:44 Again the purpose of the public hearing is to present
17:34:46 information, and we have a handout that if anybody
17:34:52 doesn't have a copy, raise your hand and we'll have
17:34:54 somebody get them to you.
17:35:02 It's to present information about four different
17:35:04 programs that we are beginning the process on, is
17:35:09 community development block grant, actually the
17:35:11 35th year of emergency shelter grants, the housing
17:35:17 opportunities for persons with aids program.
17:35:23 We are also, in the handout, we talk about the
17:35:25 different kinds of activities that we have previously
17:35:28 undertaken with these dollars, so that people have an
17:35:30 idea as to what the moneys can be used for.
17:35:35 Also to obtain input from the citizens.
17:35:40 That's probably the major reason for having this
17:35:43 public hearing and one later on, is to obtain the
17:35:47 views and the comments from the citizens, so that can
17:35:50 help with the understanding and developing a program
17:35:54 that we are eventually going to come back to you with.
17:35:57 And it's also to provide a forum for anybody or any
17:36:01 organization to be heard.
17:36:05 To give you an idea as to the different funding
17:36:08 levels, this is a very strange year, and we don't
17:36:15 really know what the numbers are yet.
17:36:19 Congress in its infinity wisdom as the administrations
17:36:23 were changing put in the continuing resolution with
17:36:27 the existing level of funding into it, and make a
17:36:32 determination by March 6th as to what the numbers
17:36:34 would be, and hopefully we'll find out March 6th
17:36:38 exactly what the numbers would be.

17:36:40 There are some proposals in Congress with about the
17:36:44 same level of funding that we currently have.
17:36:46 So if you look at this, you will see that the funding
17:36:49 for the block grant program is about $3.7 million, and
17:36:54 there's a 15% cap on that for public service programs.
17:36:58 Home investment partnerships is about $1.9 million.
17:37:01 American dream down payment initiative is about
17:37:05 $15,000.
17:37:07 Emergency shelter grant is 165,000.
17:37:10 And housing opportunities for persons with aids is
17:37:12 about $3.1 million.
17:37:19 That is not all City of Tampa money.
17:37:21 That is also shared with other communities throughout
17:37:24 the area.
17:37:26 To give you an idea through the calendar, again I said
17:37:32 this was the beginning part of the program.
17:37:34 Actually, on January 27th, we have the third
17:37:38 technical assistance workshop, which was requested by
17:37:41 different agencies and stuff like that, to give them
17:37:46 some technical expertise and to have them fill out an
17:37:49 RFP process -- RFPs.
17:37:52 As you recall, about five years ago, we didn't really

17:37:55 have an RFP process.
17:37:57 And council and the citizens and the administration
17:38:04 Nan unanimously asked for us to review how we give out
17:38:07 the money and to create some kind of fair method that
17:38:11 people -- people to understand the process, the
17:38:16 calendar, how to obtain the money and the clear way of
17:38:18 people understanding how they rank, and what's
17:38:21 happening to their applications.
17:38:23 We created that, and it was a compilation about eight
17:38:31 or nine communities in the southeast United States
17:38:32 that we took all of the best parts of in order to
17:38:36 create our RFP process.
17:38:38 And every year, we get input from everybody, and we
17:38:42 make changes to the program to tweak it.
17:38:45 Devaluation process is actually not just City of Tampa
17:38:49 employees, it's also the community development
17:38:51 advisory committee has members on it, and they put
17:38:55 their input into it, and also the Planning Commission
17:38:59 has a member on the committee.
17:39:00 So we get a cross section of different departments as
17:39:03 well as the neighborhood groups and the Planning
17:39:06 Commission.

17:39:07 But you can see here that today is February 26th
17:39:12 and we have got RFPs deadlines for the CDBG program
17:39:17 is today, and the RFP submissions for the hope program
17:39:22 is March 12th.
17:39:23 And we normally review that over a two-month period.
17:39:30 Continuing to go what is being presented to you
17:39:33 tonight will be needs and recommendations.
17:39:38 Next week we'll have a meeting with all the particular
17:39:40 departments that are involved in reviewing all of the
17:39:43 needs and recommendations, and we'll be coming back to
17:39:47 you and to the community with initial responses
17:39:50 sometime in June, and then we'll have another public
17:39:54 hearing on the recommended plan around June 25th,
17:40:00 right before the recess.
17:40:02 We are trying to push this process up a couple of
17:40:05 weeks so that we can get decisions out and notify
17:40:09 people so that we can get the programs moving earlier.
17:40:16 And of course the program begins open October 1st
17:40:19 and is part of the annual budget process, also.
17:40:24 The RFPs that we'll be getting separate from the
17:40:27 process today, which is primarily for that public
17:40:31 service, 15% cap, were advertised on the cable company

17:40:38 as well as having the technical workshop.
17:40:40 It's on our web page.
17:40:42 And about 40 people actually did come here for the
17:40:50 technical assistance workshop and we replayed it on
17:40:53 the cable TV station several times, and we get a lot
17:40:56 of valuable information back after we have the
17:40:59 assistance workshop to tell us how to better it for
17:41:02 future years.
17:41:08 The needs and recommendation process that we are here
17:41:10 today about is that this is the first public hearing,
17:41:13 and as I said, we are having a meeting next week to
17:41:19 talk to the departments and to distribute all the
17:41:21 needs and recommendations to them for them to evaluate
17:41:24 and to come back with recommendations.
17:41:25 Those recommendations should be available sometime in
17:41:30 May or June time frame with the second public hearing
17:41:34 towards the end of June.
17:41:38 And the final part of the process is that we come back
17:41:41 after the budget has been adopted, and everybody knows
17:41:44 what's in the budget in the November time frame, and
17:41:48 say exactly what happened to each and every one of the
17:41:50 recommendations and the needs of people who have

17:41:52 submitted today.
17:41:57 Then we created the RFP process.
17:42:00 We also started to work with the advisory committee a
17:42:06 lot closer, and there's been very good relations with
17:42:10 the Frank and his whole group, and hopefully that
17:42:16 spirit will continue, and we'll continue to nourish
17:42:19 not only the RFP process but the working relationship
17:42:25 that we have with the RFP.
17:42:28 And the advisory committee.
17:42:37 If you prefer you can open up the public hearing and
17:42:40 we can call Frank RODER who is the chairman of the
17:42:46 CDBG committee.
17:42:48 >>LINDA SAUL-SENA: Next year you might consider coming
17:42:50 before council maybe a month before tonight and making
17:42:53 everybody aware that this is going on, because frankly
17:42:58 the community is growing.
17:42:59 I see heads of new neighborhood organizations out
17:43:02 there.
17:43:03 And I think you do a really effective job of
17:43:07 communicating with the people that have been part of
17:43:08 this process in the past, but as we develop new
17:43:13 organizations they don't know about this, and I'm

17:43:15 thinking several right now, and I don't have time to
17:43:19 go back and call them but it would be too late for
17:43:21 them to throw an application together.
17:43:23 And I think when we communicate just using the City of
17:43:27 Tampa web site, we tend to talk to people who are
17:43:31 already part of the conversation, and we need to
17:43:35 expand that even more as we reach out to more
17:43:39 segments.
17:43:40 >>> I actually thought about that, and we actually did
17:43:43 do that about two years ago, we actually had some
17:43:45 people from City Council make statements about it and
17:43:48 notify the public via the public meeting and stuff
17:43:52 like that about it.
17:43:53 We will do that next year.
17:43:55 >>LINDA SAUL-SENA: That would be good.
17:43:56 >>> To give you a little bit of sense, in September
17:44:01 and October of last year, we actually have sent to all
17:44:05 of the neighborhood presidents as well as to the
17:44:07 advisory group, and group leaders, letters informing
17:44:13 them that the process has started.
17:44:15 So we do go to all of the neighborhood presidents, all
17:44:19 100-plus or something like that, and we mail out

17:44:24 something to them in September, October, and then
17:44:26 again about November, December, so we try to inform
17:44:32 the neighborhood presidents as well as the advisory
17:44:34 committee two or three times during the application
17:44:36 process that we are coming.
17:44:38 But the idea of doing something at council is also
17:44:42 another very good idea, and we will do that.
17:44:46 >>MARY MULHERN: I would like to see us do that.
17:44:48 Maybe you can just copy us on that.
17:44:51 I remember talking about this last year and thinking,
17:44:53 oh, okay, next year I am going to make sure I get
17:44:56 ahead of this, and let people know about the
17:44:58 opportunity coming up.
17:45:00 But it just came up on me.
17:45:02 I know I did see something about it awhile ago but if
17:45:05 you keep us kind of in the loop when you are letting
17:45:07 the neighborhood associations know, that would be
17:45:08 great.
17:45:09 >>> Sure.
17:45:11 Any other questions?
17:45:15 >>> My name is Frank Roder, 908 east Lugin Avenue in
17:45:26 east Seminole Heights and serve as chair of the

17:45:29 advisory committee.
17:45:30 I would like to submit our recommendations to the
17:45:34 city.
17:45:41 I would like to begin by first of all thanking Jim
17:45:44 Stefan and the budget office for their working so
17:45:47 closely with us.
17:45:48 Ralph silvers from the community affairs office and
17:45:51 Shannon Edge from neighborhood and community
17:45:53 relations.
17:45:53 We have all worked very closely in bringing our
17:45:57 proposals and homework and so we know what we are
17:46:00 talking about.
17:46:01 Our first concerns the homeless outreach, one of the
17:46:04 proposals that we made last year dealt with one-stop
17:46:07 kitchen for the neighborhood -- for the homeless
17:46:09 needs.
17:46:10 We have changed the request a little bit this year.
17:46:12 What we are recommending is basically moving the
17:46:14 neighborhood service centers to become basically
17:46:16 one-stop service centers for the homeless as well.
17:46:20 We figure by finding those services we'll make it more
17:46:24 available for the homeless, the user access, and

17:46:27 remember the whole concept was basically a one-stop
17:46:30 place where homeless could go and find out all their
17:46:32 needs met where they don't have to be bounced from
17:46:34 place to place to place.
17:46:36 One of the things that was most exciting from last
17:46:39 year was Tampa fire department, Tampa Police
17:46:40 Department, community outreach, something called party
17:46:43 in the parks.
17:46:44 And the party in the parks basically allowed
17:46:49 neighborhoods to come together and get TPD and fire
17:46:53 department a front role.
17:46:54 It was a lot of fun and games.
17:46:56 It was a lot of good food.
17:46:57 I went to the one in Jackson Heights, and there was
17:47:01 about 2500 kids, parents, families there.
17:47:05 It was unbelievable the amount of kids out there and
17:47:08 everybody was having a great time.
17:47:09 When I talked to Shannon, she is looking for community
17:47:12 sponsors.
17:47:12 She's in the process of doing that ongoing.
17:47:14 It needs about $2,000 of CDBG money for every party in
17:47:18 the park they have and she would like to do it four

17:47:21 times, one in the north part of the city, one in the
17:47:23 south part, one on the east side and one on the west
17:47:25 side.
17:47:26 Please consider her special requests for CDBG funds
17:47:29 for party in the park.
17:47:35 We are also in the city-wide recycling campaign, and
17:47:40 last year I was concerned about Hillsborough County
17:47:42 school system throwing away $155,000 a day.
17:47:48 They have started a recycling program.
17:47:50 It's very slow, but they have now started recycling,
17:47:54 and office paper recycling, so at least it's a
17:47:57 beginning start, and they would like to move to full
17:47:59 scale recycling efforts down the road, but it's a
17:48:02 start and I'm pleased to say we met with the school
17:48:04 board and she is pursuing that direction.
17:48:07 What we would like to do is continue working with the
17:48:10 neighborhood department to -- from solid waste
17:48:17 department to neighborhoods.
17:48:18 A lot of people do not know what they can recycle,
17:48:22 what they can't recycle, when recycling gets picked
17:48:25 up, so we would like to increase those efforts so more
17:48:29 citizens know what they can recycle and things like

17:48:32 that.
17:48:33 And working with the school system to get them more in
17:48:36 the recycling efforts.
17:48:40 Jim Pickney has worked very closely with us and he
17:48:44 would like us to continue pushing for receptacles be
17:48:48 placed on major thoroughfares throughout the city.
17:48:50 We have had quite a few installed.
17:48:53 A few years ago I talked about Tampa being one of the
17:48:55 dirtiest cities, now say Tampa is on the list for one
17:48:59 of the cleanest cities, and I think that's a lot
17:49:01 through this effort.
17:49:02 So we are requesting another 50 trash receptacles be
17:49:06 placed throughout the city, primarily right now mostly
17:49:09 on the east side.
17:49:11 We want them for the other three sections of the city
17:49:14 as well.
17:49:14 Another thing we came up this year was drainage
17:49:16 ditches.
17:49:17 Throughout the city, if you are driving around you see
17:49:19 drainage ditches in neighborhoods.
17:49:21 And we felt these drainage ditches really are
17:49:25 something that could be improved, the infrastructure

17:49:29 of the neighborhood.
17:49:30 Aesthetically they are not very pretty to look at,
17:49:32 they affect property values, and if we could make
17:49:35 attempts to cover up those drainage ditches.
17:49:37 And the last thing this year deals with fertilizer use
17:49:41 in the ordinance.
17:49:42 We talked total Sierra Club, which is basically
17:49:44 working with Hillsborough County, with Pinellas
17:49:46 County, the whole bay area looking to eliminate the
17:49:50 use of fertilizers, particularly ones with nitrogen
17:49:55 because of all the run-off into the rivers, lakes,
17:49:57 also Tampa Bay.
17:49:58 So we are asking you to look at that to possibly
17:50:01 eliminate some of those concerns.
17:50:03 And at this time we'll go into individual neighborhood
17:50:05 requests.
17:50:06 And I would like to ask all those people that would
17:50:08 like to speak to council for individual neighborhood
17:50:11 concerns to please come forward.
17:50:14 >>MARY MULHERN: I wanted to ask him.
17:50:16 Frank, could I ask you a question?
17:50:18 When you were talking about the homeless, in changing

17:50:21 your approach, you are talking about the grant you got
17:50:24 last year for that, or they got last year, was for
17:50:27 that.
17:50:28 I remember you talking about this kitchen and for the
17:50:31 area and it's probably going to be downtown.
17:50:33 >>> Right.
17:50:34 >>MARY MULHERN: So you got the grant for that.
17:50:36 And what happened with it?
17:50:37 >>> It's still working but we figured a better way to
17:50:40 get the homeless downtown, throughout the city,
17:50:43 throughout the county, and by putting programs in
17:50:48 neighborhood service centers, the homeless could go to
17:50:51 wherever --
17:50:52 >> Right, but did you actually open the downtown
17:50:54 facility that you got the grant for?
17:50:57 Or are you just --
17:50:58 >>> It's in the process of being opened.
17:51:01 They are still looking at the property and trying to
17:51:03 get all that stuff.
17:51:05 >> They located a property?
17:51:07 >> I believe they have, and they are getting ready to
17:51:09 open it but to be honest I don't know all the intimate

17:51:12 details about that.
17:51:16 It is not open at this time.
17:51:19 Thanks for doing the homeless count tonight.
17:51:21 >>THOMAS SCOTT: Public hearing.
17:51:22 Those who want to address council may come forward.
17:51:25 At this time you have three minutes.
17:51:26 >>> Good evening.
17:51:27 Spencer Kass here representing Virginia park
17:51:29 neighborhood association.
17:51:32 Being passed around is a set of plans.
17:51:36 Just so you are aware, these plans were not done by
17:51:38 the city parks and rec department, they were done
17:51:40 solely by my office.
17:51:41 That way we could do exactly what was done at
17:51:44 friendship park, one of the oldest parks in the City
17:51:46 of Tampa.
17:51:47 We have over 180 children who have applied for the
17:51:50 summer program.
17:51:52 The windows in the buildings don't open.
17:51:54 The building itself is a 1300 square feet.
17:52:01 The basketball court is falling apart.
17:52:04 The chain link fence is all rusted.

17:52:07 Anybody that's driven past, it's an eyesore.
17:52:10 It doesn't provide the community what it needs.
17:52:12 So the paperwork we have submitted to the city to
17:52:18 basically redo the park.
17:52:19 What you are seeing in front of you is basically the
17:52:23 feedback I received from various people in the
17:52:26 community, and what they were looking for.
17:52:31 We basically sat down, have a scale drawing of the
17:52:36 park, and how things can be moved off, if we want to
17:52:41 stick it on the Elmo.
17:52:42 Basically what it's calling for is the relocation and
17:52:53 expansion of the building, the building could be made
17:52:55 easily two and a half times larger than what it
17:52:57 currently is.
17:52:58 It's calling for the installation of sun sheds over
17:53:02 picnic tables, calling for pathways that aren't
17:53:04 concrete, instead made of soft substances.
17:53:07 We teamed up with other neighborhood associations both
17:53:11 Palma Ceia and Sunset Park.
17:53:13 Children go there, they both support the renovation of
17:53:16 this park.
17:53:16 We have also teamed up with the freedom playground

17:53:19 foundation to work with them, so they can bring their
17:53:22 expertise, turning this into one of the finest parks
17:53:25 that will allow handicapped children, all other types.
17:53:28 The facility there is so bad, the bathroom doors are
17:53:31 two and a half feet wide.
17:53:34 Basically, it's my shoulder length.
17:53:36 To get a wheelchair into it, you can't even get up
17:53:40 curbs.
17:53:44 Anybody walking into the doors is almost impossible.
17:53:46 We did this set of drawings so you can have some idea
17:53:48 of what the possibilities are.
17:53:49 And I hope you can give us the money.
17:53:52 Thank you.
17:53:58 >>LINDA SAUL-SENA: Do you have any I of the -- idea of
17:54:00 the cost?
17:54:01 >> It depends on how much everybody wants to take
17:54:04 everything and to what extent.
17:54:07 Just rough estimate about $750,000.
17:54:10 That includes replacing the buildings, park equipment,
17:54:14 things.
17:54:15 If you figure in some City of Tampa overhead, maybe a
17:54:19 million.

17:54:20 But I don't see anything more than that.
17:54:23 >>THOMAS SCOTT: Thank you.
17:54:29 >>> MINETTE daily, 41-sixth street, I'm also in area
17:54:36 nine and am a teacher at Mabry elementary school, I
17:54:40 teach his grandchildren.
17:54:42 I live actually in the Grady district but I'm
17:54:45 representing area nine as well and there's also -- the
17:54:50 individual sheets you might have gotten separate, but
17:54:52 before there was also an entry from Thelma Davis.
17:54:55 She's not here, but I want to kind of go along with
17:54:58 what he's saying, because I often walk with my
17:55:03 daughter to school.
17:55:06 I live near Fig and Kennedy street.
17:55:08 And we also walk up on Clark.
17:55:11 I live on the corner of Fig and Clark.
17:55:13 And it's really dark along there.
17:55:15 There's a lot of those drainage ditches on the side,
17:55:20 the sidewalks and that area.
17:55:21 There are some sidewalks on Gray Street.
17:55:24 There are some curbs.
17:55:26 A lot of those curbs, though, I think are 50, maybe
17:55:29 100 years old, maybe more.

17:55:31 And the thing that bothers me the most is my
17:55:34 neighborhood is quiet.
17:55:35 I don't have as many problems as Thelma Davis may have
17:55:38 even in her neighborhood closer to Jefferson high
17:55:40 school.
17:55:40 But I do see the building going on around us
17:55:44 everywhere, just continual building.
17:55:46 I get upset when I walk up Lois Avenue to my school
17:55:50 and I see three empty houses sitting there for a
17:55:54 couple of years, the trash around there, and I know
17:55:56 maybe the construction companies went under, but then
17:55:59 I just wonder, you know, all this building, and
17:56:02 overcrowding, I see condos on the other side of Fig
17:56:06 with 10 or 20 cars parked along the street, there's no
17:56:09 curbs, there's no sidewalk, the traffic up and down
17:56:12 Lois, I'm frightened to walk my daughter.
17:56:16 Sometimes we walk across the street, a cross Lois, to
17:56:19 a little park on the corner of Hubert and Fig which
17:56:23 could also use some development along the friendship
17:56:25 park, but they have a nice activity place for children
17:56:28 to go to, and but it's dangerous to walk there.
17:56:32 It dangerous to cross Lois Avenue.

17:56:34 There are no sidewalks in most of my neighborhood.
17:56:37 The curbs are like falling apart.
17:56:39 The gutters, they have cleaned them recently, but
17:56:42 there are ditches, you walk up Clark at dark in the
17:56:45 morning you could fall in the ditch.
17:56:47 Cars race down.
17:56:49 And I would just like to see, instead of building,
17:56:52 building, building, and then I see these empty houses
17:56:55 not being finished building, nobody is living in empty
17:56:59 houses, houses for sale, people leaving because the
17:57:01 taxes are so high, it would be nice for to us build up
17:57:04 our community, and the way to get to know our
17:57:07 neighbors would be to have sidewalks, to have nice
17:57:10 parks, you know, places where you can gather with
17:57:12 people.
17:57:13 And I would just like to finish with that.
17:57:16 Thank you very much.
17:57:23 >> How are the children?
17:57:26 >> They are wonderful!
17:57:27 >>THOMAS SCOTT: Next speaker.
17:57:31 >>> Good evening, council.
17:57:34 My name is Robert Allen.

17:57:37 I live at 301 north Fremont in North Hyde Park
17:57:42 community.
17:57:45 Tonight I want to talk to you about something we have
17:57:47 been working on for almost ten years.
17:57:51 There are so many reports that has come out through
17:57:56 various departments.
17:57:57 And the issue is traffic that travels from Kennedy
17:58:02 over to cypress on the streets of Fremont and Albany.
17:58:12 Now, I know that some of the police reports might show
17:58:16 that cars travel south an Albany and also Fremont, to
17:58:21 be traveling at 12 1/2 miles per hour.
17:58:25 I want to tell you that I don't know how that machine
17:58:28 ever came up with that, because all my neighbors in
17:58:31 the community will personally tell you.
17:58:39 Let me just tell you where that area is.
17:58:41 And I know Charlie knows all about this area.
17:58:46 The armory sits over at Howard Avenue.
17:58:50 The interstate, as you know, divides us from West
17:58:53 Tampa.
17:58:55 And of course we have Kennedy to the south.
17:58:58 Now the streets that I'm talking about are main
17:59:01 streets, so you have feeder streets for both cypress

17:59:04 and Kennedy.
17:59:05 And what happens, folks who travel from their
17:59:09 community heading downtown or heading someplace else
17:59:13 in the community to work, if they are late, the 25
17:59:16 miles per hour sign now becomes 45 miles.
17:59:20 And you travel between the hours of seven in the
17:59:24 morning until about ten, and then it drops off with
17:59:29 everybody at work.
17:59:30 And then around four in the afternoon it starts again.
17:59:33 And it goes from four in the afternoon till about
17:59:36 8:30.
17:59:38 Now, in my community, it's a mixture of retired folks,
17:59:45 people who are disabled, and children.
17:59:50 And what we are afraid is going to happen is there is
17:59:54 going to be a disaster on either Fremont or Albany,
17:59:57 because somebody neglected to go the speed limit.
18:00:01 Now, we have asked for calming devices.
18:00:06 And I have gone out and looked at calming devices in
18:00:09 the other neighborhoods.
18:00:11 And we ought to go with the four way stop signs
18:00:16 between cypress and Kennedy, and same thing at Albany
18:00:20 between cypress and Kennedy.

18:00:22 Anything that can be done to kind of slow that traffic
18:00:25 down, because we are talking about roughly eleven
18:00:27 blocks of nothing but a beautiful big street, wide
18:00:31 open, so people can travel as fast as they want.
18:00:34 Incidentally, the statutory speed limit sign, if you
18:00:41 enter our community is 25 miles per hour.
18:00:45 The other thing I want to talk to you about is
18:00:47 enforcing the zone.
18:00:49 The codes, in my community, most homes were built back
18:00:56 in the late '30s and the early '40s so that means
18:01:00 you don't have very many block homes in my community.
18:01:04 They are all pine.
18:01:07 (Bell sounds)
18:01:08 Could I just finish that, please?
18:01:16 They are beautiful buildings.
18:01:20 And we will move in, in the later part, like I came in
18:01:26 '67.
18:01:28 We built the block homes, but those homes that was
18:01:33 built in back in the late '30s and '40s, they are
18:01:38 beautiful homes and people are coming beginning to
18:01:41 come back, buy those and make those their home and
18:01:45 remodeling and they really do look good.

18:01:47 >>THOMAS SCOTT: Okay.
18:01:48 >>> I would like that you look at code enforcement for
18:01:58 RM-16 and RS-60.
18:02:03 16 is multiple.
18:02:04 >>THOMAS SCOTT: Okay.
18:02:05 >>> 60 is single.
18:02:08 >>THOMAS SCOTT: Okay.
18:02:10 We have other people standing in line.
18:02:11 Okay?
18:02:12 >>> I'm sorry.
18:02:13 I wish I had enough time to tell you.
18:02:14 >>THOMAS SCOTT: I know.
18:02:16 There are about five other people standing there.
18:02:23 >>> I am Wes Weissenburger, 1919.5 north "A" street.
18:02:29 I just want to mention, the code is one thing but when
18:02:34 the university, which is our neighborhood right next
18:02:37 to our community, the young people seem to be
18:02:41 encroaching into the residential area, in particular,
18:02:44 in particular, on their party nights.
18:02:48 We have parties, for example, where they shuttle young
18:02:55 people in by vans, ten to fifteen to a van, there till
18:03:03 1:00 in the morning.

18:03:04 The university --
18:03:07 >> Which university?
18:03:12 >>> They are bringing them in -- 1716 north "E"
18:03:20 street, used to be a duplex, but now individual rooms.
18:03:23 The young people are bringing their friends in
18:03:28 actually towards 3:00 in the morning and it's quite a
18:03:30 nuisance.
18:03:31 Something like this, the university needs to be aware
18:03:34 of their students interfering with the quietness of
18:03:40 the community.
18:03:40 I won't go into details.
18:03:41 I'll skip over to the other things.
18:03:44 Some of the streets that heir being resurfaced, when
18:03:49 it's being resurfaced they have to remember that
18:03:51 cobble stone has to be replaced.
18:03:53 Some of the areas, Albany from Cass Street north to
18:03:57 cypress is a good example of where it's quite rough.
18:04:00 The department needs to be aware that those streets,
18:04:04 they cannot be as rough as a yard.
18:04:06 The City Council -- the city prohibits the removal of
18:04:11 antique bricks, but when they are placed back that
18:04:14 area needs to be much smoother.

18:04:16 Otherwise, it's rough on traffic.
18:04:18 The other thing is, most of the people in our area,
18:04:23 the major problem is illegal dumping.
18:04:24 You heard it before.
18:04:25 You will hear it again.
18:04:27 You will hear it again and again.
18:04:29 In our area, most of the people are sound asleep, they
18:04:33 wake up the next day.
18:04:33 This area needs to be patrolled more.
18:04:38 Perhaps the code enforcement -- the officers.
18:04:42 If someone is out in our area with a pickup truck or
18:04:45 something that doesn't look like the area, don't
18:04:49 hesitate, we suggest the officers check them out
18:04:52 first.
18:04:53 Otherwise we have a load of tires, trash, all kinds of
18:04:56 things, and it's an eyesore.
18:04:59 80-year-old ladies cannot remove the trash from their
18:05:02 yard.
18:05:02 I won't take any more.
18:05:04 There's the highlights.
18:05:05 Thank you very much.
18:05:08 >>THOMAS SCOTT: Thank you, sir.

18:05:09 Next speaker.
18:05:12 >> My name is Lisa smiler and I'm the director of
18:05:15 program with seniors in service of Tampa Bay, and we
18:05:19 are located at 1306 west Sligh Avenue.
18:05:23 I wanted to speak with you tonight about senior
18:05:27 services.
18:05:28 Our agency's mission is to recruit, train and place
18:05:31 volunteers in order to help children succeed and
18:05:36 elders remain independent.
18:05:37 The twist on what we do is that we use low-income
18:05:40 seniors to provide these services to the at-risk
18:05:45 population.
18:05:45 So when we apply to you for assistance to CDBG, our
18:05:51 volunteers are receiving the economic opportunity of a
18:05:54 non-taxable stipend which is something that is unique
18:05:57 to our agency and also unique in our area, other than
18:06:02 the programs we operate.
18:06:06 These are seniors that otherwise could not work and
18:06:08 not lose benefits.
18:06:10 The majority of their incomes are under $750 a month.
18:06:15 And with the nontaxable stipend, they are able to meet
18:06:22 their expenses.

18:06:22 For the purposes of our grants today, for our senior
18:06:25 companion program, that program provides preventive
18:06:29 level, entry level, we call them, services to frail
18:06:33 elders who are still living in their own homes and
18:06:35 apartments.
18:06:38 I have been an elder care professional for 25 years
18:06:40 and the majority of it has been in government.
18:06:43 The one thing that is so important for all of you and
18:06:45 all of our community to know is that entry level
18:06:48 services that it operated, they are gone.
18:06:53 The state funding goes towards those who are the most
18:06:55 frail.
18:06:56 Because those are the ones who are on their way to the
18:06:59 nursing home tomorrow.
18:07:00 So the programs are designed now to keep them home,
18:07:05 because a nursing home is $66,000 a year minimum.
18:07:09 What our programs do, what senior companion does, is
18:07:14 to stop the slippery slope slide of these elders.
18:07:17 They are living in what we call -- they are living
18:07:21 emergencies in slow motion, and the system doesn't
18:07:23 know they are there, until they hit crisis points, and
18:07:26 all of us pay for that crisis.

18:07:28 And we pay until they die.
18:07:31 But with our services we give our seniors an economic
18:07:36 opportunity.
18:07:36 They earn money.
18:07:37 They are active.
18:07:39 They can meet their basic expenses, so they are less
18:07:42 likely to become those folks needing the service.
18:07:45 The ones who are in their homes now, the senior
18:07:48 companions provide them with the lifeline that they
18:07:51 need to stay there.
18:07:53 We can't keep every single person home, but the
18:07:56 services that the city has funded for us, we have been
18:08:01 over eleven years now at the young garden apartments
18:08:05 which we know is very economically challenged.
18:08:08 Those folks are staying there.
18:08:09 We now have a waiting list of elders who would like to
18:08:13 serve as volunteers there.
18:08:16 But we are not able to put them to work in their own
18:08:18 building.
18:08:20 So I urge that you please help us.
18:08:25 Jay young needs us.
18:08:27 We also submitted a second application today for a

18:08:29 different building, that's the Palm Avenue Baptist
18:08:32 towers.
18:08:32 It's at palm and 15th in Tampa Heights.
18:08:37 I must was shocked when I looked at the poverty and
18:08:41 the amount of elders in that census track.
18:08:44 So please remember that our programs are win-win.
18:08:47 We are not just helping the client, but we are also
18:08:49 helping those volunteers who these days fiscally, they
18:08:54 have a hard time buying food and paying their bills
18:08:57 before.
18:08:57 It everyone more important now.
18:08:59 >>THOMAS SCOTT: Thank you very much.
18:09:00 And I want to commend the seniors -- I'm very familiar
18:09:04 with it for the last 12 years, always attend the
18:09:06 annual luncheon.
18:09:08 >>> Thank you.
18:09:09 >> And it is a great, great program.
18:09:11 I have seniors in my church who are part of that, go
18:09:15 through the companion park, and I think it's life
18:09:19 link?
18:09:20 >>> Foster grandparent. In fact I was at your
18:09:22 congregation just a week ago speaking with your staff.

18:09:25 >> You all do a tremendous job.
18:09:28 I just want to compliment you.
18:09:29 >>> Thank you.
18:09:30 I'm thrilled to be there.
18:09:31 As I say, I have been over 25 years in elder care and
18:09:35 government, and this is a program where we can measure
18:09:38 the impact every place we look.
18:09:42 >>THOMAS SCOTT: Okay.
18:09:42 >>> We save everybody money in the long run from
18:09:45 teaching the children to keeping the elders in their
18:09:48 home.
18:09:48 >>THOMAS SCOTT: Thank you.
18:09:49 Next speaker.
18:09:54 >>> Good evening.
18:09:55 My name is Tammy Criollo here with the centers for
18:10:00 women in Tampa, I'm the director over the senior home
18:10:03 improvement program.
18:10:05 We are located at 5023 North Florida Avenue, thanks to
18:10:09 the support of the city we were able to obtain a
18:10:11 facility that met our needs.
18:10:13 On behalf of the low income elderly homeowners of
18:10:16 Tampa I would like to thank the City Council for your

18:10:18 support for the past 28 years of our program.
18:10:22 And also the center for women as well.
18:10:25 As you may know the center for women senior home
18:10:29 improvement program, SHIP, programs income to low
18:10:36 income elderly homeowners so they can live in their
18:10:39 homes and help them from premature
18:10:41 institutionalization.
18:10:43 We provide the moderate housing rehabilitation and
18:10:49 nursing care, and we have seven truck that is run
18:10:52 throughout Hillsborough County.
18:10:52 You will see them on the roads daily.
18:10:54 They have a big sign on them.
18:10:56 Something that you may not know is that the SHIP
18:10:59 program started in 1980 and was a grassroots volunteer
18:11:02 program when it began.
18:11:04 Today, volunteers complement our construction work as
18:11:08 a vital part of our overall service that we provide to
18:11:11 the community.
18:11:13 We coordinate over 8,000 volunteer hours each year
18:11:16 with a wide range of groups from the community to
18:11:20 sometimes remove decades of debris, overgrown trees
18:11:24 and plants, and not only does this work to improve the

18:11:30 safety of the home but shores up the dig any of the
18:11:34 proud homeowners.
18:11:37 It also contributes to the safety and the value of our
18:11:41 neighborhoods.
18:11:41 As I said, I attend neighborhood association meetings,
18:11:45 meetings with seniors who received our services and
18:11:48 seniors in need of our services.
18:11:50 I greatly admire and respect these individuals.
18:11:53 They have great needs but they ask for so little.
18:11:57 They have worked hard as teachers, construction
18:11:59 workers, housekeepers, and many have served our
18:12:01 country.
18:12:03 Today even the most frail continue to push themselves
18:12:06 every day to care for their home, and their children
18:12:12 and grade great grandchildren.
18:12:15 Quality workmanship is our goal.
18:12:19 Safety is our priority.
18:12:20 We screen all of our staff and crew everyone though
18:12:23 it's not required by any of our -- we check them
18:12:30 before they drive our vehicles.
18:12:32 Actually, a nice part of my job, I receive phone calls
18:12:35 and letters, they are the ones out there in the

18:12:39 community providing this great service to these
18:12:40 elderly homeowners.
18:12:42 And the familiarly call not only for appreciation of
18:12:46 the work but the neatness and the kindness that our
18:12:48 crews have demonstrated whistle they have been in
18:12:50 their parents' or their families or their friends
18:12:53 homes.
18:12:54 So this makes our job personally rewarding, as you can
18:12:57 imagine.
18:12:58 And to let you know that your funds are well spent, we
18:13:02 are good stewards of the money for public dollars, and
18:13:07 the city greatly benefits in many ways from services,
18:13:10 and again to say thank you for your support over the
18:13:12 years.
18:13:13 Thank you.
18:13:15 >>THOMAS SCOTT: Thank you.
18:13:18 Another worthy program.
18:13:21 >> Bright Bady, representative of the Main Street
18:13:34 business group.
18:13:37 I'm here to enlighten you on what we are trying to do
18:13:42 in West Tampa, which should serve a need for
18:13:47 assistance from the CBG.

18:13:54 We have come up with a plan that is called the Main
18:13:56 Street initiative.
18:13:57 The Main Street initiative was known as the Main
18:14:01 Street project.
18:14:06 It's six steps -- it's a six-step plan.
18:14:12 And this plan is more than economic development plan
18:14:18 because it works to stimulate the economy of the West
18:14:21 Tampa area.
18:14:23 It can become a model for all the community and the
18:14:28 city, and of our country, Americans working together
18:14:35 with government and private corporations, helping us
18:14:40 get out the economic crisis that we are in.
18:14:52 The six steps that I'm about to read also is not in
18:15:00 any order of priority.
18:15:02 The first step, listed as number one is, more pleasant
18:15:11 and appealing pedestrian experience.
18:15:16 Two, improve enhance landscaping to create a more
18:15:19 livable, green, healthy environment.
18:15:26 Three.
18:15:27 Install a streetlighting system that enhances the
18:15:30 character of the history of West Tampa.
18:15:35 Four, develop and provide a variety the option at

18:15:40 curbside location, mixed use parking structures lower
18:15:45 level.
18:15:46 Stimulate and commit to economic projects that will
18:15:50 provide tax incentives, waivers, job creation, among
18:15:59 others, and provide support to help existing
18:16:02 businesses to succeed and attract new businesses to
18:16:07 the West Tampa redevelopment area.
18:16:10 Number six, restore and preserve the architectural
18:16:15 character, history and legacy of blacks, Hispanics,
18:16:19 and those who have lived and worked in this area for
18:16:22 generations.
18:16:25 As you know, West Tampa is one of the oldest
18:16:28 communities in Tampa.
18:16:30 West Tampa is over 100 years old.
18:16:32 This particular program would help as far as the
18:16:43 business -- it will help them to get the traffic flow
18:16:50 from customers.
18:16:53 We suffer quite a bit.
18:16:57 (Bell sounds)
18:16:59 My time up?
18:17:01 >> Yes.
18:17:02 Yes.

18:17:13 Thank you for your time.
18:17:14 Next speaker.
18:17:18 >> Vince Picaroda.
18:17:22 I live in Palmetto Beach.
18:17:24 And I have been listed as the contact person for area
18:17:27 2 for quite some time now, and of course I haven't
18:17:30 been around for awhile, and I want to apologize first
18:17:33 to Mr. Roder and the rest of the members of the CDBG
18:17:38 advisory committee, as well as to Darleen Guzman who
18:17:42 is our past president of Palmetto Beach community
18:17:45 association for my lack of participation.
18:17:47 I still live in the neighborhood.
18:17:48 I still love Palmetto Beach, and I hope that that
18:17:53 doesn't discourage the council from allowing.
18:17:56 In a moment I am going to introduce a new member of
18:17:58 our community association, the vice-president Jennifer
18:18:01 Willman who has conducted appropriate meetings with
18:18:05 our neighborhood, and has gathered recommendations
18:18:09 that she would like to present to the council and have
18:18:12 it added to the roster.
18:18:14 Two of them have been on our request list year after
18:18:20 year after year, and that is the sea wall repair, and

18:18:26 an urban planning for 22nd street in our neighborhood.
18:18:29 So I would really like the council to seriously
18:18:31 consider these new needs and recommendations that we
18:18:34 would like added.
18:18:36 And again, Frank, please accept my apology for my
18:18:40 absence but hopefully the new board will get back in
18:18:42 the swing of things.
18:18:43 Thank you.
18:18:44 >>THOMAS SCOTT: Next speaker.
18:18:45 >> Jennifer Willman, I was a Palmetto Beach community
18:18:50 association, the vice-president, and on October
18:18:53 21st at our association meeting we did vote on a
18:18:58 wish list of items wishing access for and we assumed
18:19:03 they were going to go into this package but I see that
18:19:06 they did not so I want to go quickly over with you.
18:19:09 Number one was to repair the sea wall from MacKay Bay
18:19:12 along the park edge and the pier.
18:19:16 I know it's in the mayor's stimulus proposal but I
18:19:19 don't think that it's specific enough and I think it
18:19:21 really needs to be targeted to Palmetto Beach so I
18:19:24 would appreciate your consideration of that.
18:19:25 And in conjunction with that, there could be a project

18:19:28 that would add a boardwalk or a walkway along Bermuda
18:19:32 Boulevard.
18:19:32 Currently there is a very narrow grass strip that goes
18:19:35 from the street to the sea wall.
18:19:39 And it would be great to be able to have a walkway or
18:19:42 boardwalk in that area, perhaps in conjunction with
18:19:44 the sea wall repair.
18:19:46 The third item is our Palmetto Beach community
18:19:50 association owns a building on 22nd street, 308 south
18:19:55 22nd street.
18:19:57 It was formally a youth center that was run -- rented
18:20:01 to YMCA program for the YO program and has been vacant
18:20:06 about four years now and I want to show you what it
18:20:08 looks like currently on the overhead, if it's possible
18:20:11 to get that.
18:20:15 This is currently what it looks like.
18:20:17 It's across the street from the fire station.
18:20:22 It's right there, which is a beautiful brick building.
18:20:24 So we asked a USF architecture graduate to come up
18:20:27 with some exterior designs for us to think about what
18:20:31 it could become.
18:20:34 This is what we have accomplished so far.

18:20:39 We tried to pick up on the brick across the street
18:20:43 from the fire station.
18:20:44 It's right down the street from an old cigar factory.
18:20:47 And we would like to be able to use this as a
18:20:53 gathering space.
18:20:55 Here are some concepts for what we are looking at.
18:20:57 There's a parking lot next door to the building that
18:20:59 could be shared for community events, and we think
18:21:03 this could ab great catalyst project for the
18:21:06 neighborhood, and Troy to revitalize 22nd street which
18:21:10 was our Main Street but it's been deteriorating quite
18:21:14 a bit since the 20th street widening occurred.
18:21:16 So we think this is a very high priority for our
18:21:20 neighborhood.
18:21:20 It's a 1300 square foot building, not very big, so it
18:21:23 wouldn't take a great amount of funds to get it back
18:21:27 into good repair.
18:21:29 So we hope that you will consider that.
18:21:33 Number 4 is repair cracked sidewalks.
18:21:36 Number 5 is to add speed bumps or speed tables on
18:21:39 Clark street, Bermuda Boulevard and 24th street.
18:21:42 And there was also talk about wondering what happened

18:21:45 to the gateway features on 20th street that D.O.T.
18:21:50 was supposed to fund, and it really didn't happen.
18:21:53 So we would love to see the gateway features
18:21:58 announcing the community on Adamo Drive and 20th
18:22:02 street and some more on Causeway Boulevard.
18:22:04 Then finally the community plan and design guidelines,
18:22:08 number 7 would be on our list.
18:22:10 We really need a community plan and maybe in
18:22:15 conjunction with Ybor City.
18:22:16 So thank you very much.
18:22:21 >>LINDA SAUL-SENA: Do you have copies of that?
18:22:23 >>> The building?
18:22:25 >>LINDA SAUL-SENA: No, the list.
18:22:26 >>> I don't have -- not very -- I guess I can leave it
18:22:30 for you, yes.
18:22:31 >>LINDA SAUL-SENA: Thank you.
18:22:34 >>> Last but not least, on page 10 for area 3,
18:22:39 Giddens, located at the corner of 12th street and
18:22:43 Giddens Avenue in southeast Seminole Heights.
18:22:46 Seminole Heights has been a neighborhood park for over
18:22:48 65 years.
18:22:50 The neighborhood is very appreciative of the many

18:22:52 improvements of this park over the last years and we
18:22:55 are very excited about the improvements being
18:22:57 implemented by the initiative, selecting Giddens as
18:23:00 the first recipient for park improvements and
18:23:03 upgrades.
18:23:03 If you read this, you will see that I have in there,
18:23:06 we are still waiting for, are a gazebo to be placed
18:23:10 but as we speak right now they are putting in the
18:23:12 gazebo right now, and interactive water fountain.
18:23:15 They are actually testing it.
18:23:17 So that's past tense so please ignore the rest of that
18:23:20 paragraph.
18:23:20 However, the current building there is very, very
18:23:24 small.
18:23:25 It can only hold about 35 people in the entire
18:23:28 building.
18:23:29 And we are requesting a new building be built to
18:23:33 replace the existing center.
18:23:36 We realize this can be done with TIF funds and grant
18:23:39 money, our neighborhood association has been raising
18:23:41 money to do it as well.
18:23:43 Like I said, it's to accommodate the neighborhood or

18:23:48 the youth programs run by City of Tampa Parks
18:23:50 Department.
18:23:51 And presently, our neighborhood civic association is
18:23:54 being in this building and it just doesn't fit.
18:23:57 Can the plans for Giddens we actually had some land
18:24:02 for an additional building to be built there, and the
18:24:04 land is there, it's ready to go, we just need to have
18:24:06 the building built.
18:24:08 We are requesting to get the building built at this
18:24:10 time.
18:24:10 Council, that is our request for CDBG for this year.
18:24:14 Thank you.
18:24:14 >>THOMAS SCOTT: Thank you very much.
18:24:17 Do we need to do anything else?
18:24:19 Okay.
18:24:22 >>CHAIRMAN: Move to close the public hearing.
18:24:24 >>THOMAS SCOTT: Let me ask a question.
18:24:25 And so close the public hearing and move to the next
18:24:33 one?
18:24:33 Is that what we need to do on these?
18:24:36 >> I think you just close it, and we'll schedule one.
18:24:42 >>THOMAS SCOTT: Okay, yes.

18:24:43 >>LINDA SAUL-SENA: Mr. Stefan, I just wanted to you
18:24:46 clarify something.
18:24:47 And that is that some of the requests that were made
18:24:49 are things that maybe wouldn't be addressed by CDBG
18:24:53 funding that might be addressed in another way by the
18:24:55 city.
18:24:55 Isn't that correct?
18:24:56 >>> Right.
18:24:57 One of the things that we did a number of years ago is
18:25:00 that the way that we used to do it was that we had to
18:25:07 go through and only have eligible activities, so
18:25:11 people have to really know a lot of stuff before they
18:25:14 submitted stuff, so what we tried to do is to make an
18:25:17 opportunity for neighborhoods to submit things
18:25:20 regardless of whether it was an eligible function, and
18:25:24 once the projects actually came in, and the
18:25:28 departments review them, it gets reviewed for the
18:25:31 priorities rather than the funding source.
18:25:33 We try to fund as many of the different funding
18:25:36 sources as possible.
18:25:36 >>LINDA SAUL-SENA: I wanted to thank you for changing
18:25:38 the way you do it, because some of our requests today,

18:25:41 I know that we can address in other ways, and it also
18:25:44 gives neighborhoods an opportunity to share with us
18:25:47 their concerns.
18:25:47 For example, the fertilizer ordinance issue isn't
18:25:50 something that we'll address with CDBG funds but it's
18:25:54 good to know that neighborhoods thought that was
18:25:56 significant and brought that to us as their council
18:25:59 rep.
18:25:59 So this has really been a helpful process.
18:26:02 Thank you.
18:26:02 >>MARY MULHERN: Yes, I think that's great, too.
18:26:05 And I also want to mention, I don't know if you made
18:26:07 some of these, they say ineligible or eligible.
18:26:10 But anything that's in a CRA district, we might be
18:26:15 able to look at that, in that context.
18:26:17 >>> Yes, the eligible and ineligible is something for
18:26:23 us as departments are looking at so we can try to
18:26:27 funnel.
18:26:27 >> Right.
18:26:28 I just wanted you to keep in mind the CRA districts,
18:26:31 which cover -- a number of things that we heard about
18:26:36 tonight.

18:26:37 Thank you.
18:26:37 >>THOMAS SCOTT: We have a motion to close by
18:26:39 Councilwoman Miller.
18:26:41 Seconded by councilman Miranda.
18:26:44 All in favor signify by saying Aye.
18:26:46 Opposes?
18:26:47 So moved.
18:26:48 Thank you very much.
18:26:50 That concludes our public hearing on the CDBG block
18:26:56 grant.
18:26:58 We will take about a three-minute recess.
18:27:00 About a three-minute recess.
18:27:02 Okay?
18:31:14 (recess)
18:33:38 - - -
18:38:45 [Sounding gavel]
18:38:45 >> Tampa City Council will come to order.
18:38:47 Roll call.
18:38:49 >>CHARLIE MIRANDA: Here.
18:38:50 >>JOHN DINGFELDER: Here.
18:38:52 >>LINDA SAUL-SENA: Here.
18:38:55 >>THOMAS SCOTT: Here.

18:38:56 Okay.
18:38:57 Moving to our night meeting.
18:39:01 >>SAMANTHA FENGER: Land Development Coordination.
18:39:10 Item number 2, I have a letter to be received and
18:39:12 filed from the agent requesting to be withdrawn from
18:39:16 the agenda.
18:39:18 >> So moved.
18:39:18 >> Second.
18:39:19 (Motion carried).
18:39:33 >> Item number 8.
18:39:34 An e-mail has been received from Michael Horner, the
18:39:37 petitioner's representative, requesting said petition
18:39:40 be withdrawn.
18:39:41 >>LINDA SAUL-SENA: So moved.
18:39:43 >>JOHN DINGFELDER: Second.
18:39:43 (Motion carried)
18:39:44 >>SAMANTHA FENGER: Those are all the items we have.
18:39:51 >>CHARLIE MIRANDA: Mr. Chairman, move to open all the
18:39:53 rest.
18:39:54 >> Second.
18:39:55 >>GWEN MILLER: Motion to open all public hearings.
18:40:00 Item number 3.

18:40:02 >>MARTIN SHELBY: Did you want to swear in the
18:40:04 witnesses for tonight's hearing?
18:40:05 >> Yes.
18:40:06 If you are going to be addressing council tonight, if
18:40:08 you are speaking to council, please stand and be sworn
18:40:10 in.
18:40:11 (Oath administered by Clerk)
18:40:12 >>MARTIN SHELBY: Mr. Chairman, for tonight's hearings
18:40:18 I ask that all written communications which have been
18:40:20 available for public inspection in City Council's
18:40:22 office be received and filed, please, by motion.
18:40:26 >>LINDA SAUL-SENA: So moved.
18:40:27 >> Second.
18:40:27 (Motion carried)
18:40:28 >>THOMAS SCOTT: Okay.
18:40:33 Proceed.
18:40:33 >>ABBYE FEELEY: Land Development Coordination.
18:40:48 I have been sworn.
18:40:51 Z 09-11 is the first case on your agenda this evening,
18:40:54 located at 2011 harper street.
18:40:57 It is the Euclidean rezoning request from RM-16 to

18:41:02 RM-18 to allow for the development of two dwelling
18:41:06 units on the site.
18:41:07 The site is approximately 5100 square feet, with a
18:41:11 frontage of 50 feet.
18:41:13 The RM-16 does require 5,000 square feet, minimum lot
18:41:17 width of 50 feet, and you can see on page 1 of the
18:41:21 staff report the other lot requirements for the RM-18.
18:41:28 I will show you some pictures of the site.
18:41:30 We can talk about staff determination.
18:41:43 Harper street.
18:41:45 22nd to the east.
18:41:47 Stewart to the south.
18:41:55 The zoning atlas, I am going to talk a little about
18:41:58 the zoning block and road widening.
18:42:03 That recently occurred that took some of those lots.
18:42:06 You can see the subject site here shown in yellow.
18:42:09 There are two single-family residences to the west,
18:42:13 along harper.
18:42:14 There are three multifamily or duplexes to the north.
18:42:18 I'll show you some pictures of those.
18:42:20 And there are two vacant sites to the east and a
18:42:23 vacant site to the north.

18:42:26 From the zoning atlas, this is CG zoning here.
18:42:30 This is all RM 16 zoning to the west.
18:42:37 Here is a picture of the subject site on harper.
18:42:49 Looking south.
18:42:50 This is east of the site.
18:42:53 The vacant lots I showed you.
18:42:55 This is further east.
18:42:59 And if we go on the north side of harper, this is the
18:43:03 vacant lots to the northeast.
18:43:11 These are the three multifamily.
18:43:14 This is to the west on harper toward downtown.
18:43:24 These are the two single-family to the west of the
18:43:25 site.
18:43:35 This is immediately adjacent to the site on the west.
18:43:41 LaChone Dock put together a map of the area so we
18:43:45 could talk about that widening.
18:43:46 >>THOMAS SCOTT: One second here.
18:43:49 If they could put up --
18:43:53 >> I'm sorry.
18:43:53 If we could shop the Elmo, please.
18:43:56 >>THOMAS SCOTT: Thank you.
18:44:09 >> Scoot that up a little bit.

18:44:10 This is a site, showing it's vacant.
18:44:14 To the east, two other vacant lots.
18:44:18 And then to the northeast, two other vacant lots.
18:44:22 The three are those duplex easy showed you and the
18:44:26 green are single-family.
18:44:28 And then we had a widening here, and these yellow are
18:44:31 acquired by D.O.T.
18:44:32 So this block had a mix.
18:44:37 These to the east are CG, commercial general.
18:44:41 The request before you this evening is to increase
18:44:44 from RM-16 to RM-18.
18:44:47 And the RM-16 given the size of the site they would
18:44:50 only be able to get one unit and that is predominantly
18:44:52 why you have the single-family houses there. Today
18:44:54 the RM-18, that would allow them to have two units
18:44:58 because the minimum lot area that's required for each
18:45:00 of those units.
18:45:02 To the north where you have those three duplexes, it's
18:45:06 because you have a conglomeration of three lots that
18:45:08 allowed for those developments to take place.
18:45:13 Staff did find this request consistent.
18:45:17 And I also provided the design standards that would be

18:45:21 required on page 2 of the report, when this site is
18:45:27 developed under the Euclidean standard and goes to
18:45:29 permitting.
18:45:29 Staff is available for any questions.
18:45:35 >>THOMAS SCOTT: Councilman Dingfelder and Saul-Sena.
18:45:38 >>JOHN DINGFELDER: What is the zoning on the two
18:45:39 vacant lots immediately to the west -- to the east?
18:45:44 >> It's all RM-16.
18:45:49 Let me back up for just a minute.
18:45:51 Everything to the west of that CG line, on 22nd, is
18:45:57 all RM-16, with the exception of this RO-1 which was
18:46:02 acquired by D.O.T. as part of that widening.
18:46:04 That's really not there anymore.
18:46:05 And you have got another RO a little further to the
18:46:10 south.
18:46:10 >> So why would we encourage different -- a new
18:46:16 category in the RM-18, a greater intensity, and why
18:46:21 wouldn't that be like sort of a spot zoning?
18:46:26 >>> The multifamily zoning district, it was zoned
18:46:30 multifamily prior to zoning conformance maybe 7, if
18:46:35 this property acquired the one next to it given the
18:46:38 underlying land use of a minimum requirement for a

18:46:41 unit, it would be able to have multifamily.
18:46:45 But because the lot is smaller and doesn't meet the
18:46:49 5400 square feet, that would be required for the two
18:46:53 units, it would have to bump up to the RM-18 which
18:46:56 allows lots.
18:46:58 This lot face it short, has the three duplexes to the
18:47:03 north and quite a bit of vacant still on there.
18:47:05 I don't believe staff had a character one way or the
18:47:11 other and in the proximity of this facility probably
18:47:14 would be beneficial.
18:47:18 >> I walked these streets not too long ago in
18:47:21 November, and you're right, it is a mix.
18:47:24 But if they did acquire one or two lots to the east,
18:47:29 and they all were RM-16, then they could do a
18:47:32 multifamily project using two or three lots as it is?
18:47:36 >>> Yes.
18:47:37 In fact, the one to the east, the two vacant to the
18:47:40 east, that's 100 by 102 which would be 10,000 square
18:47:44 feet, 10,200, that would allow for three more units.
18:47:48 And the one to the northeast on the other side is 100
18:47:51 by 95 which would also allow for three units.
18:47:55 >> Thank you.

18:47:59 >>LINDA SAUL-SENA: Just before you came up we had a
18:48:01 CDBG discussion and the neighborhood vice-president is
18:48:05 actually in the audience.
18:48:05 They asked for a land use plan for their neighborhood.
18:48:10 A neighborhood plan.
18:48:12 Are you aware that because of the Department of
18:48:14 Transportation wanting to put in the Crosstown
18:48:20 connector that they funded and did an entire survey of
18:48:25 Palmetto Beach in terms of its historic character?
18:48:29 Are you familiar with that?
18:48:32 >>> No, I am not.
18:48:33 >> They are proposing the whole area be looked at to
18:48:35 protect the historic buildings that are there.
18:48:37 Now this particular block doesn't have anything to
18:48:39 write home about.
18:48:40 But I would say that the duplexes that are there are
18:48:46 actually atypical, that the overwhelming character,
18:48:50 single-family detached, and it's a particular
18:48:53 character where the houses are oriented to the street.
18:48:57 Those duplexes with side doors are the norm.
18:48:59 As we look ahead, I believe that because of its
18:49:02 location, and because of the improvements we are going

18:49:05 to have in the Palmetto Beach, that it's going to be
18:49:08 an increasingly sought-after neighborhood.
18:49:10 And I don't know that this as Euclidean zoning
18:49:15 provides enough direction for quality redevelopment.
18:49:18 I don't know that we are going to get something that
18:49:20 we are going to be proud of in the future, and I'm
18:49:22 very concerned about the trend that this will set
18:49:26 precisely because of the issue that Mr. Dingfelder
18:49:30 raised.
18:49:30 I think whatever decisions are made here are going to
18:49:33 have implications for the additional empty lots.
18:49:38 And I wondered if perhaps what we should do with this
18:49:41 is allow the staff, you, to continue this a week or
18:49:47 two and go find out about these other plans that are
18:49:50 being done, particularly the overlay, you know,
18:49:54 historical thing that's being done so you can use them
18:49:57 as part of your thinking in coming up with a
18:49:59 recommendation.
18:49:59 >>I don't know.
18:50:00 Just to respond to that, those plans have been
18:50:03 officially adopted by City Council to be part of
18:50:05 staff's review in relation to the current land

18:50:07 development regulations that we are required to review
18:50:09 in context for the submittal to you.
18:50:11 You know, I could let legal speak to that further.
18:50:15 We do have design standards now for single-family semi
18:50:19 detached that would not permit a design such as the
18:50:22 one in the picture shown to you for the northern part
18:50:24 of the block.
18:50:24 >>LINDA SAUL-SENA: But the ones we have are generic
18:50:28 and general, and -- which is an improvement but
18:50:33 doesn't address the qualities of Palmetto Beach which
18:50:37 are more specific.
18:50:41 >>MARY MULHERN: A quick question.
18:50:42 You might have answered this already.
18:50:44 In order for it to fit in an RM-16 it has to be at
18:50:52 least 5,000 square feet?
18:50:53 What is the square footage you have to have to be
18:50:56 RM-18?
18:51:04 >>> It's not the minimum lot size.
18:51:06 It's the amount of square footage required per unit.
18:51:10 And a multifamily zoning district there's a minimum
18:51:13 lot area required per unit.
18:51:16 Not minimum lot size for the zoning district.

18:51:18 >> So for RM-16 the minimum lot size for single-family
18:51:22 home is 5,000 square feet?
18:51:24 >>> For RM-16, the minimum lot area per dwelling unit
18:51:30 is 2723.
18:51:31 So when you add that together for two units it's about
18:51:34 5400 square feet.
18:51:37 They only have 5100.
18:51:39 >>MARY MULHERN: 300 square feet for those units?
18:51:44 >>> Yes.
18:51:45 When you bump up to RM-18 the minimum lot area per
18:51:48 unit is 2420.
18:51:50 So you only need 4800 units.
18:51:53 That's why.
18:51:55 >>MARY MULHERN: That's what I needed to hear.
18:51:57 Thanks.
18:51:58 >>THOMAS SCOTT: Planning Commission, Mr. Garcia.
18:52:04 I read your report.
18:52:06 It is one of the few that you found inconsistent.
18:52:14 >>TONY GARCIA: Planning Commission staff.
18:52:18 It is what it is.
18:52:20 I'll start off with that.
18:52:27 As you all can see on the west side of 22nd, you have

18:52:30 your predominant residential zoning district is RM-16,
18:52:34 CG is along 22nd street.
18:52:37 The land use category is transitional use 24 which
18:52:41 actually is a unique category that allows light
18:52:44 industrial use as well as allowing residential use,
18:52:46 which is a really interesting category, one of the few
18:52:49 that allows it and you have community mixed use 35
18:52:52 along the commercial corridor over here, and of course
18:52:55 you have to the west which is heavy industrial.
18:52:58 I'll go ahead and show you the aerial.
18:53:01 First we can obviously see the port over here.
18:53:08 You made a statement Mrs. Saul-Sena stating the
18:53:11 character in Palmetto Beach is single-family detached
18:53:13 for the most part.
18:53:14 There are some smatterings here and there of
18:53:18 multifamily uses and it does have a significant
18:53:20 historic fabric to it.
18:53:23 It was one of the original urban neighborhoods in
18:53:25 proximity to the port than in its hay day and also the
18:53:29 Ybor City.
18:53:29 I'm sure you can give me some history on that later
18:53:32 on, Mr. Miranda.

18:53:33 That being said, though, getting back to the request,
18:53:35 which is RM-16 to RM-18, the reason why we looked at
18:53:40 this and our finding of inconsistent, I want to get
18:53:45 into that a little bit for you.
18:53:47 Directly to the north you have do have three duplexes
18:53:49 there.
18:53:50 They are basically built around 1985.
18:53:52 That's not really the fabric or the character of
18:53:57 Palmetto Beach.
18:53:59 If you look between -- not taking the interface on
18:54:03 22nd.
18:54:03 When you get away from 22nd street to 20th you go
18:54:07 down the street, Stewart, and all the other streets,
18:54:09 it's pretty much single-family detached.
18:54:11 That's the character.
18:54:12 So my concern here was like you had said, Mrs. Stalls,
18:54:17 to come up with RM-18 versus Euclidean RM-16, are we
18:54:21 going to have more across the street?
18:54:25 That's my main concern.
18:54:26 You also make the statement about the side entry
18:54:28 versus what you can have as far as the interface to
18:54:30 the front.

18:54:33 That being said, the applicant did give me a call as
18:54:38 he was concerned about what my findings were, and a
18:54:42 pretty good conversation, and I will tell you that he
18:54:45 did send me via e-mail some elevations of what he's
18:54:49 proposing to put here.
18:54:50 He proposes to actually live on the site himself on
18:54:53 one side, and hits daughter and son-in-law on the
18:54:55 other side.
18:54:56 I did make some recommendations to exactly what he had
18:54:59 stated as far as wanting to see if we could have a
18:55:02 common interest point on the interfacing street, and
18:55:07 maybe reorganizing the garage-dominant front that
18:55:11 currently exists out of what he was originally going
18:55:14 to bring in.
18:55:15 So he's done that.
18:55:16 And he's going to show you something tonight.
18:55:18 He's also got an example to show you of that so he's
18:55:22 been responsive to this.
18:55:24 So you are going to have something very much more
18:55:27 residential in character, in scale and form, with
18:55:30 what's going on in the Palmetto Beach area, or what
18:55:33 currently exists in the Palmetto Beach area.

18:55:36 So with that, I do have a finding of inconsistency on
18:55:39 this.
18:55:39 Now I am probably going to change it on my supplement
18:55:43 report to inconsistent because of his commitment to
18:55:45 come in with something that looks residential in
18:55:47 character.
18:55:48 I do show share your concern, Mr. Dingfelder, about
18:55:51 considering this a possibility of spot zoning, but do
18:55:55 you have a lot of vacant lots over here where they
18:55:57 could just go to building and construction services
18:56:03 and under RM-16 we could see a proliferation of
18:56:05 something we don't really want to see over there.
18:56:07 This man is going to come up to you for a permit as to
18:56:12 what he wants to put over here that's going to be
18:56:14 more -- to the historic area.
18:56:22 There is some context in the plan where we could
18:56:26 probably hold the man at his commitment a little more
18:56:30 even under the RM-18 as to what he's going to be
18:56:33 bringing in designwise as to the revision he wants to
18:56:36 bring in.
18:56:37 It not going to be aside entrance.
18:56:39 That's not what he's offering.

18:56:41 So if there's any way within the boundaries of the
18:56:43 existing code that he can be held to that, I think it
18:56:47 would be okay under the RM-18.
18:56:50 When you have that you don't have to bring in a site
18:56:52 plan, you don't really have to bring in an elevation,
18:56:55 are we are going to have a proliferation.
18:56:58 I might be a little weak but I think it's important to
18:57:00 stress the point that we are sensitive about the
18:57:02 character of Palmetto Beach.
18:57:04 But at the same time if someone is willing to take the
18:57:06 time to come out and listen to staff's concerns, and I
18:57:12 do believe some of the neighborhood representation is
18:57:16 going to be here this evening to actually speak in
18:57:18 favor from what I have been told.
18:57:20 I have actually met some of the people here.
18:57:22 That being said I am going to let the gentleman come
18:57:26 up and plead his case and the development will be left
18:57:29 up to this council this evening.
18:57:30 >>THOMAS SCOTT: Councilman Dingfelder.
18:57:33 >>JOHN DINGFELDER: Tony, you're a much nicer person
18:57:36 than I am, because after 20 years of practicing law I
18:57:39 tend to become a little cynical, because with

18:57:42 Euclidean zoning, all the promises in the world are
18:57:45 not legally binding.
18:57:48 And you know that and I know that.
18:57:52 So if his situation changed tomorrow he might be the
18:57:56 greatest person in the world with fantastic pictures
18:57:59 and if he sold the lot right after we rezoned it and
18:58:05 the next person had RM-18 that you an I and nobody in
18:58:09 the community has any control.
18:58:11 >> I'm in total agreement.
18:58:15 Also the adjacent lots to the quad, without everything
18:58:18 it come to City Council for approval.
18:58:20 What I'm saying, if he's coming in good faith, or if
18:58:26 it's legally binding that we can hold him to that, I
18:58:29 don't know.
18:58:31 I think may allow that to happen.
18:58:33 If not your recommendation could be a variety of
18:58:35 things.
18:58:36 You can deny this.
18:58:37 You can request a PD.
18:58:38 There's a variety of things you can do.
18:58:40 All I'm saying is let's listen -- I have only heard
18:58:43 superficially what he said.

18:58:45 He's offered a couple, as I said, illustrations and
18:58:48 he's going to share that with you this evening.
18:58:50 And I guess also any comments from people in the
18:58:52 neighborhood.
18:58:53 So thank you.
18:58:56 >>GWEN MILLER: Thank you very much.
18:58:57 Petitioner.
18:59:06 >>> Good evening.
18:59:11 John Costigliola.
18:59:15 >> You have 15 minutes.
18:59:19 Downtown Ned it if you don't need them.
18:59:20 >> Excellent job explaining what the neighborhood is
18:59:22 like, what the surrounding stuff is like, and instead
18:59:30 of going over all of that again, I am going to put my
18:59:35 home there.
18:59:35 I think the neighborhood has a lot of potential in the
18:59:37 future.
18:59:38 I'm going to invest over $200,000 of my money in
18:59:42 there.
18:59:42 And I did speak with different folks, Mr. Garcia has
18:59:48 expressed what he is looking for in that respect, and
18:59:54 I'm going to put together this is the layout of what

19:00:02 we are looking for.
19:00:04 We'll have a Mediterranean flair hopefully sticking in
19:00:12 conjunction with the -- it consists of smaller
19:00:27 bedrooms up and downstairs, and this is something
19:00:30 that's actually built by, you know, came across, that
19:00:34 I like the style, and this is the kind of detail,
19:00:37 Mediterranean style again.
19:00:39 Looking due to again blend in the neighborhood.
19:00:53 I have talked to my immediate neighbors.
19:00:55 Everybody is very enthusiastic about seeing something
19:00:58 happen there.
19:01:00 You know, it's adjusts common sense that economic
19:01:03 growth helps with changing.
19:01:05 Unfortunately there is some element around there and
19:01:08 any economic growth will help that.
19:01:13 And other neighbors sitting on the fence, I'm going to
19:01:15 do something and they are waiting for the first guy to
19:01:18 take the first move.
19:01:25 What I would like to do is give you folks assurances.
19:01:27 I'm hoping at this stage here it will be enough,
19:01:29 because already going forward.
19:01:37 Any questions?

19:01:39 >> Councilman Dingfelder.
19:01:40 >>JOHN DINGFELDER: Is that two units?
19:01:42 >>> Yes, it is.
19:01:43 And actually I'll show you a kind of layout from
19:01:47 overhead.
19:01:48 >>JOHN DINGFELDER: That's all right.
19:01:52 Well, on your time.
19:01:54 That's two units.
19:01:54 >>> Yes.
19:01:55 >> What is your side yard setback on the west side?
19:02:01 >>> The legal setback is seven feet, and I'm well
19:02:04 within that.
19:02:05 I'm well within all setbacks.
19:02:07 The front is 25 feet and the rear is 15.
19:02:09 And it falls well within that.
19:02:14 >> What's your height?
19:02:15 >>> The height is, gosh, 20 plus 20.
19:02:18 It's less than 30.
19:02:22 It's going to be 10 and 10 for each floor and then the
19:02:27 pitch of the roof.
19:02:28 >> What's the height limitation in there?
19:02:31 >>> Here's the height here.

19:02:33 35 feet.
19:02:35 >>> This is actually a survey.
19:02:37 It doesn't actually show the height of the structure.
19:02:38 >> But is there a limitation?
19:02:40 >>> Yes.
19:02:41 35 feet.
19:02:41 >> Which is the same as single-family.
19:02:45 All right.
19:02:45 Thank you, sir.
19:02:47 >>LINDA SAUL-SENA: Do you have actually a picture of a
19:02:50 plan?
19:02:50 I want to get a sense of how much of the front yard is
19:02:53 going to be paved with the garage.
19:02:55 We are going to have two garages in front.
19:02:56 >>> Yes.
19:03:03 A ribbon concrete which will be strips to lead into
19:03:07 it, or whatever.
19:03:09 I'll work with the county, you know, whatever they
19:03:12 feel would be appropriate.
19:03:16 Decorative paving.
19:03:17 >>LINDA SAUL-SENA: The character of that street is
19:03:23 mostly turf.

19:03:24 And so my concern is if you have two garages right
19:03:29 there in front, you are going to have a lot of
19:03:34 concrete.
19:03:35 Now, there are zoning categories that require plans.
19:03:39 The kind of category you asked for doesn't require a
19:03:42 plan.
19:03:43 So maybe the staff could tell me how much.
19:03:46 This is 100 feet in front?
19:03:48 >>> 50-foot frontage, and 102 feet rectangle.
19:03:55 >> So this is a question for the staff.
19:03:57 Out of the 50-foot frontage, how much could he pay?
19:04:06 Or is there any that he couldn't pay?
19:04:11 >>ABBYE FEELEY: Land Development Coordination.
19:04:12 The city doesn't have a minimum or maximum impervious
19:04:15 ratio in their standard.
19:04:19 >>JULIA COLE: Legal department.
19:04:20 That's a little -- concerned and I understand the
19:04:24 gentleman brought an elevation showing you his project
19:04:26 but this is a Euclidean zoning district.
19:04:29 Assuming City Council approves this, he would have the
19:04:31 right to develop in all manners consistent with the
19:04:35 regulations for this zoning.

19:04:36 >>LINDA SAUL-SENA: That's the point I am exactly
19:04:38 trying to get to, but there are no prohibitions
19:04:41 against him paving the entire front of it.
19:04:43 He has two garages in front.
19:04:47 >>> Whatever those limitations.
19:04:51 And the amount -- it would be a stormwater limitation,
19:04:55 and I could be wrong, but I understand there's some
19:04:58 regulation relating to the amount of impervious you
19:05:02 can have.
19:05:04 The
19:05:07 You are absolutely correct in saying that he can show
19:05:10 all the pictures and co-say that he's going to develop
19:05:13 it in such a way.
19:05:14 But it's going to look a certain way.
19:05:16 But there is no opportunity at this point to require
19:05:20 him to do that.
19:05:21 >> He will not request a different kind of zoning that
19:05:25 requires elevation?
19:05:26 >>> Unless he goes and changes over his zoning to a PD
19:05:29 site plan controlled zoning.
19:05:41 >>CHARLIE MIRANDA: Always said that people get sworn
19:05:43 in, you can never tell right or wrong.

19:05:46 If he's sworn in, he's saying that's what he's going
19:05:48 to do.
19:05:49 I understand.
19:05:50 I'm not a lawyer, that it's not maybe written in
19:05:52 stone.
19:05:55 It's a test case with the city.
19:05:57 I'm not saying that you can't swear him in, but if
19:06:06 he's going to get sworn in, I don't think he's going
19:06:08 to get sworn in and lie.
19:06:09 >>> We'll get some kind of commit environment that
19:06:12 manner, I don't know, you know.
19:06:23 >>MARTIN SHELBY: Obviously Mr. Miranda raises a very
19:06:24 good point.
19:06:25 The question ultimately if this were to have to be
19:06:27 pursued, perjury charge, would have to be that he
19:06:31 knowingly lied.
19:06:32 Obviously, between now and the time he builds there
19:06:35 could be a myriad of circumstances that change that
19:06:37 would require them to act in good faith today saying
19:06:40 what he wants to say, and truly mean it and truly make
19:06:44 those representations.
19:06:45 But when the time comes to comply with what the law

19:06:48 is, the law will not hold him to any sort of agreement
19:06:52 that he makes here tonight.
19:06:55 If his circumstances change.
19:06:56 >>CHARLIE MIRANDA: So if I hear what I heard, then
19:07:01 anything anyone says here, the circumstances changes,
19:07:08 get sworn in.
19:07:11 >>JOHN DINGFELDER: Unless they know that it's a lie
19:07:13 today.
19:07:13 >>> And there's only one person that knows.
19:07:17 And I never heard of anyone testifying against
19:07:19 themselves.
19:07:21 I'm not trying to be smart or joking.
19:07:26 I'm trying to figure this thing out.
19:07:29 >>> The only thing I can say, the people that live on
19:07:31 that street, and have money invested themselves,
19:07:40 >>THOMAS SCOTT: This is a public hearing.
19:07:42 Anyone wishing to address council may come forward at
19:07:45 this time and state their name and address.
19:07:47 You have three minutes.
19:07:52 >>> Jennifer Willman, 2426 Stewart street, Palmetto
19:07:56 Beach.
19:07:57 This is my neighborhood.

19:07:59 I'm the vice-president of the community association,
19:08:02 although I'm not speaking on behalf of the community
19:08:04 association on this rezoning case.
19:08:06 I'm speaking for myself only.
19:08:09 We did announce the meeting.
19:08:10 We did announce the rezoning petition at our meeting
19:08:14 on February 17th, and there are a few people in
19:08:18 attendance but we didn't vote on the rezoning and
19:08:23 whether to support it or not.
19:08:25 But without a community plan, we as a neighborhood are
19:08:28 not able to decide if this rezoning is appropriate.
19:08:33 But given that the comprehensive plan category is 24
19:08:37 which would allow two units per acre, in this area it
19:08:40 is a transitional zone, it's right next to the
19:08:43 six-lane highway, between the CG zoning on 22nd
19:08:51 street, our Main Street.
19:08:55 Given the conditions of the area, the historic fabric
19:08:58 has already been ripped apart basically by the
19:09:02 20th street widening.
19:09:03 And I do not believe that the national historic
19:09:06 district boundary includes this part of the
19:09:11 neighborhood.

19:09:14 In a my view it is appropriate for multifamily
19:09:16 housing, and like I said earlier, if he did buy the
19:09:23 lot next door he could build a garage just going
19:09:27 straight to the building department.
19:09:29 So either way, unless it's a., I think PD is kind of
19:09:37 onerous to ask for this one single lot.
19:09:40 And it kind of begs the question about why don't we
19:09:46 have design guidelines overall for the city, in
19:09:49 general for new construction.
19:09:51 I think we need them.
19:09:52 It would avoid putting property owners through this
19:09:55 just to build a duplex.
19:09:59 I personally have no issues with this rezoning at
19:10:04 harper street.
19:10:05 It is a unique situation, given the existing
19:10:07 conditions, and given that he's short by 300 square
19:10:12 feet on his lot to build a duplex, it's multifamily
19:10:16 zoning, it's a little confusing to me why he can't
19:10:20 just build a multifamily structure when it is
19:10:24 multifamily zoning.
19:10:27 And given that, in our neighborhood, we have
19:10:30 developers that are creating illegal duplexes by

19:10:34 converting existing buildings without permits.
19:10:37 It's happening a lot.
19:10:38 I do appreciate that this land owner is working
19:10:41 through the process to be in compliance, and I support
19:10:45 the petition for this specific block of harper street,
19:10:48 given the conditions.
19:10:50 However, I would not support RM-18 in other parts of
19:10:53 the community.
19:10:53 Thank you.
19:10:59 >>THOMAS SCOTT: Anyone else?
19:10:59 Anyone else from the public?
19:11:00 Okay.
19:11:01 Petitioner?
19:11:03 You have rebuttal.
19:11:05 Anything else you want to add?
19:11:06 >> No.
19:11:11 >>THOMAS SCOTT: Come say that on the record, please.
19:11:13 Do you have anything else you want to add?
19:11:15 >>> No, sir, thank you.
19:11:17 >>THOMAS SCOTT: Councilwoman?
19:11:18 >>LINDA SAUL-SENA: I think that your investment is
19:11:20 going to be wise.

19:11:22 I think Palmetto Beach is a good area but I really
19:11:25 don't want to you pave the whole front of this place.
19:11:27 I think that you could probably get the neighborhood
19:11:31 organization to help advise you on landscaping and
19:11:36 stuff.
19:11:36 You talked about pavers.
19:11:37 Pavers are better than pure concrete.
19:11:41 Make it protective.
19:11:43 Do a big hedge on the side.
19:11:44 But make it feel as much like a single-family house as
19:11:47 you can.
19:11:50 >>> I do want to work with these folks.
19:11:55 >>CHARLIE MIRANDA: Move to close.
19:11:58 (Motion carried).
19:12:00 >>CHARLIE MIRANDA: Mr. Chairman, I am going to pose a
19:12:02 petition based on the facts that we have heard.
19:12:04 >>GWEN MILLER: Mr. Miranda, you need to read.
19:12:11 >> Thank you.
19:12:12 I move an ordinance rezoning property in the general
19:12:14 vicinity ever 2011 harper street in the city of Tampa,
19:12:16 Florida more particularly in section 1 from zoning
19:12:19 district classification RM-16 residential multifamily

19:12:24 to RM-18 residential multifamily providing an
19:12:28 effective date.
19:12:28 >>LINDA SAUL-SENA: Second.
19:12:32 I'm going to support this and I am going to try to get
19:12:34 the information on where that historic district thing
19:12:36 is going to be, and to try -- I know that they are
19:12:41 working hard on zone based forming.
19:12:43 This is the kind of thing that form based zonings
19:12:46 could address so as quickly as we can get that as part
19:12:49 of our development, the better for everybody.
19:12:57 >>JOHN DINGFELDER: I'll support it, too, mainly
19:13:00 because the neighborhood association didn't have any
19:13:03 objections.
19:13:04 It's only 300 square feet short of the required
19:13:07 zoning.
19:13:13 I will caution this council not to get swept up into
19:13:16 this notion that these pictures, conversations,
19:13:19 assurances on Euclidean zoning mean anything legally,
19:13:22 because they don't.
19:13:23 But it seems like a good guy.
19:13:25 Honest.
19:13:26 Hopefully.

19:13:27 And is going to do the right thing.
19:13:29 And frankly if anybody is building anything right now,
19:13:32 more power to you, because we are not seeing a whole
19:13:35 lot of construction anywhere.
19:13:36 So we wish you well.
19:13:40 >>THOMAS SCOTT: Been moved and seconded.
19:13:41 All in favor signify by saying Aye.
19:13:44 Opposes?
19:13:45 >>THE CLERK: Motion carried unanimously.
19:13:46 Second reading and adoption will be on March 19 at
19:13:49 9:30 a.m.
19:13:50 >>THOMAS SCOTT: March 19.
19:13:52 Okay.
19:13:53 Item number 4.
19:14:31 >>ABBYE FEELEY: Land Development Coordination.
19:14:33 Item number 4 tonight on the agenda is Z 08-53 located
19:14:38 at 8743 north tangerine place.
19:14:42 The petitioner is bill Pittsley with Bayside
19:14:48 engineering.
19:14:49 The report was revised by Ms. Dock to clear up a
19:14:53 couple of discrepancies.
19:14:56 The original report had omitted the comments from

19:14:59 landscape, tree and landscape, Mary Daniel Bryson, and
19:15:04 also there needed to be a change for the building
19:15:08 height.
19:15:09 The maximum building height in general is listed as 20
19:15:14 feet and the actual building height as shown on the
19:15:16 plan is at 14.5 feet so Ms. Dock wanted to make sure
19:15:20 that those things were clearly represented.
19:15:24 The property is located at 8743 north tangerine place,
19:15:28 and it is a request of an RS-50 residential
19:15:33 single-family to PD planned development single-family
19:15:36 semi detached.
19:15:38 Which is two units that are connected through side and
19:15:42 rear walls.
19:15:47 The proposed rezoning is for 8743 tangerine to allow
19:15:52 for semi family detached structure containing two
19:15:54 units.
19:15:54 The proposed structure will contain 2,373 square feet.
19:15:58 The site contains approximately 8,856 square feet with
19:16:03 approximately 53 feet of frontage along citrus circle.
19:16:07 The PD setbacks are north 55, south 34 feet, west 14.7
19:16:12 feet and east 4.7 feet.
19:16:16 According to the site plan submitted, the maximum

19:16:18 building height is proposed at 14.5 feet.
19:16:22 Site is surrounded with commercial uses to the north
19:16:24 and west, single-family residential use annal to the
19:16:27 east and south.
19:16:27 The required parking is 4.5 spaces and 6 spaces are
19:16:31 being provided.
19:16:33 Four-sided elevations have been provided with this
19:16:35 submittal.
19:16:36 I'm going to go ahead and show you some pictures of
19:16:39 the site.
19:16:51 I actually was here a couple months ago on a daycare
19:16:54 that went into a use over here that is PD.
19:16:58 We have Busch Boulevard to the north here.
19:16:59 This is really kind of an interesting site where this
19:17:02 is located because as you are driving down Busch you
19:17:04 can visually see this site from Busch Boulevard.
19:17:11 You have tangerine place to the west, citrus circle
19:17:15 along the north and orange place to the east.
19:17:20 You see the site shown there in green.
19:17:23 There is a hotel here.
19:17:26 That hotel actually comes down to this red line here,
19:17:30 which is mid at the tip of the actual zoning lot.

19:17:33 You then have a vacant lot, and a single-family home.
19:17:37 So I'm going to show you some pictures of those.
19:17:43 Down here is an aerial of the site.
19:17:45 You can see the hotel use there.
19:17:47 You can see it on your aerial as well.
19:17:49 You have some multifamily here, commercial uses,
19:17:53 commercial uses, and then again there's a daycare over
19:17:56 here, and this is ooh daycare.
19:17:59 Got a large church use back here, single-family
19:18:03 residential.
19:18:08 We have a picture of the subject site looking to the
19:18:13 southeast.
19:18:14 It runs long, along tangerine.
19:18:19 This is looking south along tangerine.
19:18:25 This is the structure immediately to the south, the
19:18:29 single-family residential unit.
19:18:32 This is looking immediately west.
19:18:35 You will see the hotel kind of in the background, you
19:18:38 can see above the trees.
19:18:40 The hotel lot is deeper.
19:18:43 This sits in front.
19:18:49 This is that northern part of the hotel that is at

19:18:53 that kind of three-point intersection where tangerine
19:18:57 comes out.
19:18:57 This is a commercial use along Busch.
19:19:01 This is the single-family residential to the east.
19:19:05 So the subject site would be over on the other side of
19:19:09 the fence.
19:19:12 This is moving further along citrus circle.
19:19:15 We were just here, coming over.
19:19:18 This is looking down citrus circle toward that church
19:19:21 area, the multifamily and the daycare.
19:19:29 When this application, remember Julia came in before
19:19:32 staff, it was for three units, a triplex and the
19:19:35 development review committee met and found that the
19:19:37 site was just a little bit too tight for that, a lot
19:19:40 of waivers, couldn't really make it function that
19:19:42 well.
19:19:43 The petitioner went back and broke it down to two
19:19:46 units, and has worked to try to develop a design that
19:19:49 is a little better for the site.
19:19:52 There are no waivers being requested.
19:19:56 The staff finding at the present time is inconsistent
19:19:58 due to a couple of items.

19:20:01 One is that staff would like to see that note changed
19:20:04 regarding maximum height from the 20 feet to the 14.5
19:20:07 feet to represent what's actually on the site plan.
19:20:10 And the other two are from tree and landscape, and I
19:20:13 believe the petitioner has met with Ms. Mary Daniel
19:20:19 Bryson to go over the changes that are needed, and
19:20:22 there are no green space waivers or tree waivers.
19:20:24 They are accommodating everything.
19:20:25 It's just that the calculations that are currently
19:20:27 shown on the plan are incorrect and need to be
19:20:29 modified.
19:20:30 I have provided you with a revision sheet that speaks
19:20:33 to those.
19:20:34 And staff is available for any questions.
19:20:37 >>THOMAS SCOTT: Any questions?
19:20:40 Planning Commission?
19:20:41 Mr. Garcia.
19:20:44 >>TONY GARCIA: Planning Commission staff.
19:20:46 I have been sworn.
19:20:50 Several additional comments along with -- to add to
19:20:53 Ms. Feeley's comments.
19:20:55 As you can see, the future land use categories,

19:20:58 there's three predominant land use categories, CMU 35
19:21:02 which is pretty much along east Busch Boulevard,
19:21:05 tangerine place, residential 20, and then along east
19:21:08 citrus circle you have the higher density category
19:21:11 residential 35, and a little bit of residential 35
19:21:14 over here.
19:21:15 What's interesting to know, and this is kind of like a
19:21:18 conversation we had a couple weeks ago about what's
19:21:20 existing and what's your underlying land use is.
19:21:25 What you basically have tonight, I don't know if you
19:21:28 pay that close attention to the zoning map but this is
19:21:30 RS-50 here, then you have got RM-16, RM-24, RS, you
19:21:35 ever all kinds of different zoning districts in this
19:21:38 particular area, the Temple Crest neighborhood.
19:21:40 It's a very interesting area.
19:21:44 But the character on tangerine place is pretty much
19:21:47 single-family detached.
19:21:49 The request as Ms. Feeley stated was initially a DRC
19:21:54 for three units.
19:21:55 And we thought that was really a little bit too big
19:21:58 from the aspect of what was on the street currently,
19:22:02 that currently exists on the street so we made a

19:22:04 request to come back with something a little less
19:22:07 citizens, a little more in character with scale and
19:22:09 mass of what's on tangerine place.
19:22:15 You can come in and consider another unit since you
19:22:17 are on the periphery of an established neighborhood
19:22:20 which you are right here.
19:22:21 Just a very short distance away from a Busch
19:22:25 Boulevard, major arterial, and interfacing part of the
19:22:28 parking lot for the hotel, as well as just some vacant
19:22:31 land over here.
19:22:33 You have vacant parcels over here.
19:22:35 There's not that much of an interface with existing
19:22:38 residential uses and you are on the periphery so there
19:22:41 are positives to support that but there are policies
19:22:44 also talked about, if you are going to build something
19:22:46 detached, make sure if it detached it is function
19:22:50 compatible with the design characteristics.
19:22:53 You had a copy in front of you.
19:22:54 Since this is a PD from the project prior to this,
19:22:59 which was Euclidean, so you do have a site plan in
19:23:02 front of you as to whether or not you feel that site
19:23:04 plan is sufficient to -- will be determined by you

19:23:07 based on the presentation of the application made to
19:23:11 you.
19:23:12 You will probably see some of the designs.
19:23:14 You may have some questions about it.
19:23:16 I'm not 100 percent certain about that.
19:23:18 But I will tell you based on the policies, about
19:23:21 attached housing, where this project is located at
19:23:24 based on the underlying ages, Planning Commission in
19:23:28 this case found this request consistent with the
19:23:30 comprehensive plan.
19:23:30 >>THOMAS SCOTT: Thank you.
19:23:31 Any questions?
19:23:32 Petitioner?
19:23:33 >> I'm bill Pittsley with bayside engineering and I
19:23:41 have been sworn in.
19:23:42 >>THOMAS SCOTT: You have 15 minutes.
19:23:43 >> I do have a letter from the owner Mr. Casper
19:23:47 Johnson that he asked me to give to you.
19:23:58 Mr. Johnson could not be here tonight, as he's getting
19:24:04 a surgery.
19:24:05 And shall I read the letter?
19:24:08 Or no?

19:24:11 >> It's up to you.
19:24:14 >> If we read it, it doesn't cost part of your 15
19:24:17 minutes.
19:24:18 If you read it, it goes against your 15 minutes.
19:24:21 >> All right.
19:24:22 To all city officials as well as residents of Temple
19:24:24 Crest.
19:24:25 Thank you for your time this evening to review my
19:24:27 request for rezoning.
19:24:30 Unfortunately I am not able to attend this meeting
19:24:31 tonight due to surgery that was not able to be
19:24:38 postponed.
19:24:38 As a member of the Temple Crest community for over 40
19:24:41 years, some of my greatest memories took place in this
19:24:43 great neighborhood.
19:24:44 My family has ties to Temple Crest since the 1940s.
19:24:49 I have owned this tangerine property since 1984 and
19:24:53 have the greatest intentions for the future of this
19:24:55 land.
19:24:56 This tangerine project will be income property for me
19:25:00 and will not be sold or flipped.
19:25:01 I know that during the original meeting with the

19:25:03 Temple Crest civic association prior to the large site
19:25:06 revision, this was one of their concerns.
19:25:10 I am personally involved in all of my rentals
19:25:12 including tenant selections, maintenance, a dressing
19:25:16 any and all concerns from the occupants.
19:25:18 In addition, I have a full-time lawn-care contractor
19:25:21 who solely focuses on my properties as well.
19:25:24 My main goal is to build a building that will not only
19:25:26 provide new rental opportunities but will also further
19:25:29 enrich the surrounding neighborhood.
19:25:31 The proposed site plan has been drastically reduced
19:25:34 from the original three-unit large structure to a
19:25:36 smaller two-unit structure.
19:25:38 By doing this, I hope that all involved in the process
19:25:41 will realize that I want what is best for the
19:25:43 community.
19:25:44 Today I request approval for this rezone petition and
19:25:47 hope that you allow me to continue to grow my roots in
19:25:51 Temple Crest.
19:25:52 Thank you, castor Johnson.
19:25:57 As staff has mentioned previously, the original plan
19:26:01 for this property was a two-story triplex.

19:26:05 It later was submitted as a single story triplex.
19:26:09 And then with discussions with the civic association
19:26:12 and staff, we have announced it as a duplex.
19:26:18 We have tried to accommodate the association's request
19:26:23 to go to a duplex.
19:26:25 There are several in that community already.
19:26:28 And that's pretty much what we have to say.
19:26:36 >>LINDA SAUL-SENA: I don't think we got a copy.
19:26:37 This is a request for a PD.
19:26:39 We didn't get a copy of the plan or elevations or
19:26:42 anything.
19:26:45 >>THOMAS SCOTT: Anybody else have them?
19:26:52 We got them.
19:26:53 Councilman Caetano.
19:26:59 >>ABBYE FEELEY: We did one error.
19:27:03 Mr. Neal just brought to my attention under note 14
19:27:06 and 15 under the site plan since we are looking at
19:27:08 that, there is a typo.
19:27:09 Unit A shows unit 1186 and a half and it should be
19:27:14 1186 1/2 also.
19:27:18 The numbers in the data table, there was a typo on
19:27:21 that one.

19:27:22 So should you choose to approve this, I would ask that
19:27:25 you add that to the revision that we get that cleared
19:27:27 up.
19:27:28 Thank you.
19:27:30 >>LINDA SAUL-SENA: Now that we can see this plan I
19:27:31 have a couple questions.
19:27:32 It appears that you are building one big structure
19:27:36 with concrete pads on either side for the vehicle, it
19:27:42 appears from the pictures I have seen not to have
19:27:44 any -- there aren't like attached carports or garages,
19:27:48 just like a flab on either side.
19:27:50 >>> That's correct.
19:27:52 >>LINDA SAUL-SENA: It appears from the overhead, the
19:27:55 aerial that we were given, that the neighborhood is
19:27:58 actually nicely landscaped, and that the houses have
19:28:04 more integrated carport.
19:28:07 This to me -- nothing personal, but it looks like the
19:28:11 guys who had the duplex before, that looked like a
19:28:14 single-family home.
19:28:14 This looks like the duplexes across the street that we
19:28:17 said we didn't want more of.
19:28:19 I'm concerned that the look of this, which is with

19:28:24 slabs on either side, it's not going to look like a
19:28:27 single-family home.
19:28:27 And I wonder, because it's a PD and we are able to
19:28:31 address the design of it, if you would consider
19:28:34 revising your design to make it look -- you are
19:28:39 bayside engineering and you drew this up?
19:28:42 >> Actually we did not prepare.
19:28:43 This I'm just speaking on behalf of the owner.
19:28:46 >> Oh.
19:28:47 Well, somebody drew it up. At any rate, county be
19:28:50 redrawn.
19:28:51 It doesn't look like it fits in a single-family
19:28:54 neighborhood and I would like to take a moment to
19:28:55 share with my fellow council members.
19:28:57 Have you seen the plan?
19:28:59 >>> Yes.
19:29:00 >> Doesn't it look like there are just two slabs on
19:29:03 either side of the structure?
19:29:05 >>> Yes, I agree with that.
19:29:07 Some of the changes that were made to the plan to be
19:29:10 more in line with the community was by adding the
19:29:13 porches at the front, to give more of a bungalow feel.

19:29:19 >> It isn't indicated on our drawing how large that
19:29:23 porch is or if it's everyone usable but my biggest
19:29:26 concern is the way the whole thing is.
19:29:29 And it's not merely indicated where the trees are.
19:29:32 When you look at the aerial, it looks like there's
19:29:35 some significant trees.
19:29:36 But on this plan it's not obvious where the trees are.
19:29:40 Maybe our tree person is in the audience, Mr. Riley.
19:29:43 >>> Yes.
19:29:45 With review of staff we did make accommodations to the
19:29:48 plan to protect the existing trees.
19:29:51 There's some large trees on the adjacent property to
19:29:54 the east that are overhanging, and the rear of the
19:30:00 building was modified to accommodate them.
19:30:02 >> Are there any trees on the property that are
19:30:04 being --
19:30:07 >>> No, the property was previously cleared and demoed
19:30:10 a couple years ago.
19:30:14 >> Because the aerial we have looks pretty canopied.
19:30:20 What are you all going to plant?
19:30:23 >> It's going to be planted in accordance with the
19:30:25 Tampa code.

19:30:27 And the owner has also agreed that he likes to go
19:30:30 above and beyond what code requires.
19:30:34 >> It looks like according to the plan you only have
19:30:39 four-foot setbacks in the rear property, the side
19:30:42 property line.
19:30:50 Close to 7 feet.
19:30:51 >> I believe it is 7 point 4.
19:30:54 >> Not according to what's in front of us.
19:30:57 >> Okay.
19:31:02 >>LINDA SAUL-SENA: Maybe staff could take a look where
19:31:04 it says 4.6-foot setback?
19:31:12 >> Setback is shown at 4.66 feet.
19:31:15 Abbye feeling Feeley, land development.
19:31:17 This is a PD rezoning.
19:31:18 So they are asking to set their own setbacks at the
19:31:24 4.66 feet.
19:31:27 >> Were the neighbors notified of this?
19:31:33 Is it a waiver even though it's a PD?
19:31:44 >>> No, there's not.
19:31:45 Because there's nothing to waive to and fro so to
19:31:48 speak.
19:31:48 >> And according to the picture I'm looking at, I

19:31:51 think I'm looking at it correctly, there doesn't
19:31:53 appear to be any landscape buffer between the
19:31:55 structure and --
19:31:58 >>> It's residential to residential.
19:31:59 >> Doesn't have to be a fence or anything?
19:32:04 >>> No.
19:32:05 >> Thanks.
19:32:06 >>> There is an existing six-foot wooden fence.
19:32:09 >> On the neighbor's side.
19:32:10 >>> Yes.
19:32:10 >>ABBYE FEELEY: On the property line.
19:32:14 >>THOMAS SCOTT: Council, any other questions?
19:32:19 Okay.
19:32:20 This is a public hearing.
19:32:24 Anyone wishing to address council on this petition?
19:32:35 >> Good evening, council.
19:32:37 My name is mark Trubiano, 8738 tangerine place which
19:32:43 is approximately catter-corner to this property.
19:32:47 I have a petition for myself and my neighbors
19:32:50 surrounding this home that are against the rezoning.
19:32:54 We believe that this is detrimental to the end of our
19:32:57 street and our neighborhood.

19:32:58 We have no duplexes at our end of the street.
19:33:01 There's one duplex at the far end of the block.
19:33:05 And there are two adjoining street.
19:33:10 We believe this brings in transient people, and we
19:33:13 don't want that.
19:33:14 It's detrimental to the -- our property, and if you
19:33:20 looked at some of the pictures that were presented
19:33:22 earlier, I have them, too.
19:33:23 But they were very clear.
19:33:26 They are very close to Busch Boulevard.
19:33:28 You have transient people.
19:33:29 You have kids.
19:33:30 You are only 100 feet approximately from Busch
19:33:33 Boulevard.
19:33:34 You are 50 feet from a bar at the hotel.
19:33:37 Across the street is an empty lot that is residential,
19:33:40 that tried to be rezoned once by that roadway inn, the
19:33:49 hotel and was rejected.
19:33:51 We just do not like it and we are against it.
19:33:53 There was a perfectly good residential home on the
19:33:55 lot.
19:33:56 No problems.

19:33:57 We believe we want to keep our neighborhood
19:33:59 residential and let the duplexes go somewhere else.
19:34:06 Thank you very much.
19:34:07 >>THOMAS SCOTT: Next speaker?
19:34:13 >>> My name is Richard Formica, I live on the 8700
19:34:19 block of Pawnee Avenue in the Temple Crest
19:34:21 neighborhood of Tampa.
19:34:23 I have been sworn.
19:34:24 The Temple Crest neighborhood has promised the
19:34:27 adaptation of form based codes for the preservation of
19:34:30 its unique character as is being applied in Seminole
19:34:33 Heights.
19:34:36 These codes are a method to achieve a specific urban
19:34:40 form.
19:34:40 Form base codes create a predictable public area
19:34:45 primarily by controlling physical form with less focus
19:34:48 on land use.
19:34:50 Form based codes have been developed specifically to
19:34:52 empower communities to enable and to require better
19:34:56 development patterns and better individual projects.
19:35:00 They are the cutting edge tools to help them improve
19:35:03 the quality of our environment, and our communities by

19:35:05 fighting sprawl and all it's detrimental effects.
19:35:11 This information, on form based codes, is from this
19:35:14 book.
19:35:14 So how does this relate to this zoning project?
19:35:18 The structure depicted in the plan that I have seen is
19:35:20 not compatible with the rest of the homes on tangerine
19:35:24 place.
19:35:25 All the homes on tangerine are different, very
19:35:28 different.
19:35:29 Some are newer concrete buildings of modest size and
19:35:33 some are older buildings, wooden buildings that we
19:35:36 could call small.
19:35:37 The only existing duplex structure on tangerine is
19:35:40 located at the other end of the block.
19:35:43 14 properties away.
19:35:46 The structure depicted in the drawing is plain without
19:35:50 garages or carports.
19:35:53 Nearly parking slabs on each end.
19:35:55 Yes, the property is only a few steps from Busch
19:35:58 Boulevard.
19:35:58 But it faces a neighborhood street, and it is zoned
19:36:02 residential.

19:36:04 A neighbor living nearby that I have spoken to would
19:36:06 like to see something built on the property, as he and
19:36:10 others have gotten tired of cleaning up the trash
19:36:13 which accumulates on it.
19:36:17 But until the appearance or the extent of this project
19:36:20 can be approved to make it compatible, I would ask
19:36:23 that it be denied.
19:36:24 And I ask approval be denied.
19:36:27 And, by the way, in closing, I can't ever recall Mr.
19:36:31 Johnson making any presentation at any neighborhood
19:36:34 meeting.
19:36:34 Thank you.
19:36:38 >>MARY MULHERN: Mr. Formica, I thought you might have
19:36:41 an answer.
19:36:42 Linda asked earlier.
19:36:43 We have this overhead canopy, and there's a lot of
19:36:46 trees.
19:36:48 Do you know when the trees went away?
19:36:50 Because it looks like it's --
19:36:53 >>> Mr. Neal can mention that.
19:36:58 >>THOMAS SCOTT: Well, let's wait.
19:37:04 We'll get to that.

19:37:06 >>> No, the property was recently cleaned, from what I
19:37:09 understand.
19:37:12 Thank you.
19:37:13 >>THOMAS SCOTT: Thank you, sir.
19:37:14 Mr. Neal?
19:37:14 >>> Terry Neal, president of Temple Crest civic
19:37:19 association.
19:37:20 The owner Mr. Johnson told me the property was
19:37:23 recently cleared, and also no one had ever made a
19:37:30 presentation at our civic association meeting.
19:37:32 So --
19:37:40 Our neighborhood is 86 years old and I am applying for
19:37:43 a historic designation for several sites in our
19:37:45 neighborhood.
19:37:46 We are the site of the original 1898 TECO dam that was
19:37:50 exploded by the farmers.
19:37:51 We are also part or were part of Mrs. Potter Palmer's
19:37:55 19,000-acre river hills ranch.
19:37:58 At one point we were the site of the world's largest
19:38:00 orange grove.
19:38:03 Our 40th Street task force meeting will be hearing
19:38:06 about form based codes for our neighborhoods that will

19:38:08 take things to the next 86 years and we are very proud
19:38:11 of the 40th Street corridor or parkway which I think
19:38:15 is going to really make a difference in our
19:38:16 neighborhood.
19:38:19 This plan does not preserve the fabric of our
19:38:25 residential neighborhood, but the form based codes,
19:38:30 this PD proposes to squeeze a duplex into a
19:38:33 single-family RS-50 lot.
19:38:35 That's not compatible with the surrounding
19:38:37 single-family home.
19:38:38 And it is single-family homes.
19:38:40 It came before you for that wet zoning on the hotel
19:38:43 specifically for restrictions because of single-family
19:38:48 homes.
19:38:51 And it's for this lack of compatibility for the
19:38:54 surrounding neighborhood that the Temple Crest civic
19:38:57 association voted twice to deny both petitions.
19:39:03 And one of the reasons was, and I will paraphrase what
19:39:07 the woman at the meeting said when I unfolded the
19:39:13 drawing and she looked at it: "God, that's ugly."
19:39:17 You know what?
19:39:18 I used to think New Millenial homes was the scourge of

19:39:21 this city for the nonsense that they were putting up,
19:39:26 the cookie cutters.
19:39:27 They have helped our neighborhood more than this will
19:39:30 ever help anyone.
19:39:31 And let me just put this on the Elmo, if I may.
19:39:33 >>THOMAS SCOTT: Turn it around.
19:39:39 >> You know, they are now building the craftsman style
19:39:41 homes.
19:39:43 They are award winning.
19:39:44 This one is not only a craftsman style, it is
19:39:48 affordable housing, it's a greenhouse, and it's also
19:39:52 handicapped accessible.
19:39:54 It's featured in the up in, and they are building in
19:39:58 our neighborhood and Terrace Park.
19:39:59 And you know what?
19:40:00 I don't want to see a design like this duplex ruin
19:40:04 what we are trying to create in Temple Crest.
19:40:08 I don't think that we are asking too much to simply
19:40:11 preserve a neighborhood and the fabric of the
19:40:14 neighborhood.
19:40:15 And quite frankly, I don't think I should say much
19:40:17 more because the residents obviously speak more than I

19:40:24 can ever say for what they want on their street, and
19:40:28 I'm going to leave it at that.
19:40:31 >>LINDA SAUL-SENA: Question about the trees.
19:40:32 >>> Yeah, the only time I met with Mr. Johnson is when
19:40:38 he and a representative from the builder came to my
19:40:42 house to give me the first set of plans, and he told
19:40:45 me that just cleared nine cherry Laurels offer of the
19:40:55 site.
19:40:56 Now those are not a protected tree.
19:40:58 Nevertheless.
19:41:00 >>LINDA SAUL-SENA: Julia?
19:41:03 Just to sort of satisfy our curiosity.
19:41:07 If they want to protect a tree, do the people have to
19:41:09 get permits?
19:41:10 >>JULIA COLE: Legal department.
19:41:11 I'm not really sure.
19:41:13 I thought -- I would have to look at the code on that.
19:41:17 I wasn't sure if that was one of the pieces that we
19:41:19 encouraged.
19:41:24 >> Dave Riley, parks and recreation.
19:41:26 I have been sworn.
19:41:27 Cherry laurels are not a protected species so there

19:41:31 would not be permits required.
19:41:33 >>THOMAS SCOTT: Anyone else?
19:41:36 Let me hear from petitioner on rebuttal.
19:41:39 You have five minutes for rebuttal.
19:41:43 >>> I can say that Mr. Johnson has stated that he did
19:41:47 want to work with the Temple Crest civic association,
19:41:53 and we worked extensively with staff to try to get
19:41:55 something that appeases everyone in the code.
19:42:03 >>THOMAS SCOTT: Anything else?
19:42:06 >>> No.
19:42:07 >>THOMAS SCOTT: Motion to close?
19:42:10 >>CHARLIE MIRANDA: Move to close.
19:42:11 >>LINDA SAUL-SENA: Second.
19:42:11 (Motion carried)
19:42:13 >>CHARLIE MIRANDA: Mr. Caetano.
19:42:19 >>THOMAS SCOTT: Turn on your Mike.
19:42:20 Turn on your Mike.
19:42:24 >>JOSEPH P. CAETANO: I don't want to be too loud,
19:42:26 being that this is in my district and the neighborhood
19:42:28 association has spoken, and I move to deny.
19:42:35 >>CHARLIE MIRANDA: I'll second that.

19:42:37 And Mr. Chairman Scott, to go a little further.
19:42:42 The petition is not strong enough to support what the
19:42:47 requirement says to change the character of a
19:42:49 residential neighborhood.
19:42:49 Doesn't meet that criteria.
19:42:54 The petition before this I think opened a lot of eyes.
19:42:58 If it was for a family who was going to live there,
19:43:00 and have his or her children in there and have a
19:43:04 design that looked just like the house next door,
19:43:06 everyone better than the house next door, I don't
19:43:08 think it would be so much objection to this.
19:43:11 But this is a change, and earlier mentioned spot
19:43:17 zoning.
19:43:17 This is certainly something that could be considered
19:43:20 spot zoning.
19:43:25 >>JOSEPH P. CAETANO: Mr. Maybe Mr. Neal could entice
19:43:28 him to build a house like the picture shown, enclose
19:43:32 the porch and make it a little bigger, 2200 square
19:43:35 feet.
19:43:36 One is 18, I think.
19:43:38 According to the plan.
19:43:42 >>MARTIN SHELBY: Mr. Chairman, for the pursuance of

19:43:43 the record, to comply with Florida law, I believe what
19:43:47 you are referring to is section 27-321 for the site
19:43:52 plan control district, and those are delineated as
19:43:55 findings of fact by the staff as one, two, three,
19:43:59 four, five, six, seven, eight, nine, which relate to
19:44:04 section 27-321 of the code.
19:44:07 Council, it appears, is making its own findings of
19:44:10 fact relative to compatibility, and perhaps it could
19:44:13 just take a look.
19:44:15 >>CHARLIE MIRANDA: I was going to mention 27-321 but I
19:44:20 forgot 21 at the end.
19:44:23 >>THOMAS SCOTT: Okay.
19:44:24 >>CHARLIE MIRANDA: That's the reason.
19:44:26 Thank you for eloquently putting it this way.
19:44:29 >>MARTIN SHELBY: I just want to be clear for the
19:44:31 purposes of finding of fact which are different from
19:44:33 what the staff said, to delineate that for the record.
19:44:37 >>THOMAS SCOTT: There's a motion made to deny this
19:44:38 petition by councilman Caetano, seconded by councilman
19:44:43 Miranda.
19:44:49 >>MARY MULHERN: I just want to support the denial
19:44:53 based on some findings of fact.

19:44:55 I don't believe this promotes the -- deficient in
19:45:02 sustainable use of land, 1.1, and in consideration of
19:45:08 the potential adverse impact to the on-site natural
19:45:13 elements and more particularly the surrounding
19:45:15 impacted neighborhoods.
19:45:18 This lot is surrounded by single-family homes.
19:45:21 So it would adversely affect the character of that
19:45:25 neighborhood.
19:45:27 And I think the compatibility is a problem, too.
19:45:32 So just wanted to mention why I couldn't support it.
19:45:35 >>THOMAS SCOTT: It's moved and seconded.
19:45:38 All in favor of the motion signify by saying Aye.
19:45:40 Opposes?
19:45:41 >>THE CLERK: Motion carried unanimously.
19:46:00 >>THOMAS SCOTT: Item 5.
19:46:13 >>SAMANTHA FENGER: Land Development Coordination.
19:46:29 I have been sworn.
19:46:30 Item number 5, petition number Z 09-04 is here before
19:46:34 you tonight for 1315 east 5th Avenue.
19:46:37 It's currently zoned YC-9 and seeking to rezone to
19:46:40 YC-9 to add hotel use to a previously approved
19:46:43 rezoning.

19:46:44 Option 1 and 2 were previously approved to be
19:46:47 developed through either office or mixed use office
19:46:49 residential.
19:46:51 1 and 2 of the proposed structure would be a 126
19:46:55 square feet with a maximum height of 51 feet.
19:46:58 The structure would have a zero foot building setback
19:47:01 on all sides, ingress and egress access, with he
19:47:07 agrees only on fourth Avenue.
19:47:09 The parking lay-out would vary depending on the use
19:47:10 scheme. For office use only 59 spaces would be
19:47:14 provided, for mixed use 65 spaces would be provided.
19:47:18 For option 3 which is the rezoning request in front of
19:47:20 you tonight, the proposed structure would be a maximum
19:47:22 of 79,370 square feet with a maximum height of 61
19:47:27 feet.
19:47:28 The structure will have a zero foot building setback
19:47:31 on all sides and vehicular access is located on
19:47:34 15th street only.
19:47:36 125 parking spaces are required and 127 spaces are
19:47:39 being provided including five ADA spaces and three
19:47:43 compact spaces.
19:47:44 The building will contain enclosed parking on the

19:47:46 first and second floor, and commitment on the site
19:47:50 plan which acknowledges compliance with the Ybor City
19:47:52 historic regulation.
19:47:54 I have one amendment to the staff report regarding
19:47:56 transportation permits, and notes added to the site
19:47:59 plan stating that prior to the issuance of the
19:48:03 building permit mitigation will be provided in the
19:48:05 amount of 15,569 to the city.
19:48:11 I would like to receive and file that note from
19:48:14 transportation.
19:48:15 And I would also move to receive and file one letter
19:48:20 of support for the file from the YCDC.
19:48:24 >>THOMAS SCOTT: Any questions?
19:48:32 Planning Commission?
19:48:37 I'm sorry.
19:48:58 >>> The site is located in green on 4th Avenue.
19:49:02 CSX line is to the west.
19:49:08 There is an aerial of the site located on 4th.
19:49:19 There's the subject site looking north from 4th.
19:49:24 The site looking south from 5th.
19:49:30 Looking west from 5th.
19:49:36 This is looking west on 5th.

19:49:38 Looking north on 14th.
19:49:46 Looking south on 14th towards the Crosstown.
19:49:52 Looking east on 4th.
19:49:57 Looking west on 4th.
19:49:58 The site is over here.
19:50:01 This is looking west on 4th.
19:50:06 And the site is over here.
19:50:14 The petitioner is requesting two waivers.
19:50:16 One is section 13, 165, to request mitigation for the
19:50:20 removal of a 12-inch tree at the northwest corner of
19:50:24 14th street and 5th Avenue.
19:50:25 The second waiver is section 27-246 to request solid
19:50:29 waste service within the right-of-way.
19:50:32 The development review committee found the request
19:50:34 inconsistent with City of Tampa regulations.
19:50:37 However, if the applicant revises the plan with the
19:50:40 required notes and site plan revisions between first
19:50:43 and second reading the DRC will amend the
19:50:46 determination and find the petition consistent.
19:50:48 The Barrio Latino commission reviewed the proposed
19:50:50 rezoning and voted to recommend approval of the
19:50:52 project as presented to the board on January 27, 2009.

19:50:57 And I presided Z-09 as well as to City Council.
19:51:06 This concludes my presentation.
19:51:08 And staff is available for any questions.
19:51:10 >>THOMAS SCOTT: Any questions?
19:51:11 Thank you.
19:51:15 Planning Commission?
19:51:25 >>TONY GARCIA: Planning Commission staff.
19:51:26 I have been sworn.
19:51:31 I would like to first identify for you future land use
19:51:34 categories in this particular section of Ybor, on the
19:51:39 western section of Ybor.
19:51:42 Nuccio parkway.
19:51:45 You can see these categories back in the day where
19:51:49 light industrial had involved, the plan amendment
19:51:51 category changes to community mixed use 35.
19:51:57 The subject site was one of those that had a category
19:52:00 of heavy commercial 24 and came in to the CMU 35
19:52:04 change about two years ago, two, three years ago.
19:52:07 This is heavy commercial 24.
19:52:09 This is urban mixed use 60 which is predominant lip
19:52:13 what you see on 7th Avenue.
19:52:15 This is more community mixed use 35 with some light

19:52:19 industrial.
19:52:19 Adamo Drive is this parcel over here, light
19:52:23 industrial, light industrial, historic district line
19:52:27 starts over here, and jumps up and kind of goes like
19:52:30 this.
19:52:31 So as Ms. Fenger already stated to you this is within
19:52:36 the boundaries of the Barrio Latino, and I'm sure you
19:52:39 will be hearing some comments after I conclude my
19:52:44 presentation regarding the subject site, the
19:52:47 presentations being made.
19:52:49 The proposal has already come to you and received
19:52:53 entitlements in 2006, for mixed use development that
19:52:58 would consist of either town homes, office and row
19:53:01 tail uses or separate office plan.
19:53:04 The request tonight is to modify the request allowing
19:53:07 consideration of a 125-room, five-star hotel which
19:53:12 includes two -- five story hotel which includes two
19:53:17 floors of parking.
19:53:18 It is consistent with the comprehensive plan as
19:53:20 relates to Ybor, and also the supporting of this type
19:53:22 of use in the CMU 35 land use category.
19:53:26 Planning Commission staff found the proposed request

19:53:28 consistent with the comprehensive plan.
19:53:31 >>THOMAS SCOTT: Any questions?
19:53:45 >>> Ron Villa, staff for preservation, and I have been
19:53:50 sworn.
19:53:50 If you will give me a minute to set up the
19:53:53 presentation.
19:53:55 >>THOMAS SCOTT: Is anyone here in opposition to this?
19:54:06 Anyone here opposed this?
19:54:10 Okay.
19:54:13 Sir, before you go any further then.
19:54:15 >>MARY MULHERN: I just have a question for
19:54:19 transportation.
19:54:21 I don't know if you are going to go ahead.
19:54:30 We have your staff report saying a note needs to be
19:54:33 added to the site plan, before the first building
19:54:37 permit, mitigation provided for the failing movements
19:54:42 in the amount of $15,569 to the City of Tampa.
19:54:46 I have a couple of questions about that.
19:54:48 What is the failing movement, and how is that
19:54:52 determined?
19:54:52 >>> Lenroy Martin, transportation.
19:55:05 The failing movements are the signals of the

19:55:08 intersections are analyzed in the traffic analysis,
19:55:13 added to those intersections.
19:55:15 I understand what that means, but what in this case is
19:55:17 this?
19:55:18 Where are the failures?
19:55:20 >> I don't have the traffic analysis with me at this
19:55:22 time.
19:55:22 >> Okay.
19:55:23 And how do you arrive at this dollar amount for the
19:55:27 failing -- whatever those failing movements are?
19:55:30 >>> It's based on the project size and the amount of
19:55:35 traffic to the intersection.
19:55:38 >> So based on the number of cars?
19:55:41 >>> That's part of the calculation, yes.
19:55:43 >> Okay.
19:55:45 I'm just curious about this whole mitigation.
19:55:48 And then where is that mitigation money?
19:55:51 How is that used to mitigate that problem?
19:55:53 >>> It's used to make improvements in the area for the
19:55:58 roadways, for the failing roadways.
19:56:05 >>THOMAS SCOTT: Okay, thank you.
19:56:08 >>LINDA SAUL-SENA: Can I ask a question?

19:56:11 >> Yes.
19:56:11 >>LINDA SAUL-SENA: Are any brick streets adjacent to
19:56:13 this property?
19:56:15 >> Lenroy Martin: No.
19:56:20 >>THOMAS SCOTT: Do you just want to state on the
19:56:22 record that you all support this, right?
19:56:31 >>> (off microphone)
19:56:32 I could go through those conditions now.
19:56:38 There were seven bullet items and they were parallel
19:56:45 to staff concerns.
19:56:46 And then staff had one additional concern as well.
19:56:50 >>THOMAS SCOTT: Before we go there.
19:56:51 >> The first bullet item is a setback to be determined
19:56:54 at the time of the certificate of appropriateness.
19:56:56 This was stated by the agent at the time of the public
19:56:59 hearing, and the following will address those
19:57:03 concerns.
19:57:04 The second bullet item, the sidewalk facade not to be
19:57:09 utilized as parking to the interior, and if you look
19:57:13 at the site plan that was presented, north, this is
19:57:18 5th Avenue which is north of 14th street which
19:57:21 is Republica de Cuba, and if you look at the site plan

19:57:25 here, it's zero setback, and on the first level, the
19:57:29 parking abuts the property line on the east and on the
19:57:32 south, which is very unfriendly for pedestrians as
19:57:36 they travel down the sidewalk.
19:57:37 So that was a concern of the barrio.
19:57:41 The third bullet item is the encroachment zone exists
19:57:44 to allow architecture elements from the south of the
19:57:48 building including but not limited to the stoops, the
19:57:50 terraces, the porches, the balcony, overhang.
19:57:55 This is to allow the certificate of appropriateness
19:57:57 that the building can be embellished with items to be
19:58:02 more compatible with a historic district and the Ybor
19:58:04 City design guidelines.
19:58:06 Moving down to the fourth bullet item, the vehicular
19:58:09 entrance of the project, the dimension in the width to
19:58:12 the Ybor City district.
19:58:14 If you look here, the street was vacated.
19:58:19 And on the first two approvals, this one is the office
19:58:24 plan and this one is the mixed use.
19:58:28 They are 24 in dimension.
19:58:30 Further on in your packet, when this was vacated, it
19:58:35 was vacated with one condition, and that condition was

19:58:40 with the plans submitted will preserve the Ybor City
19:58:44 street design standards.
19:58:45 And that is with the width of the road not to be
19:58:49 increased, shouldn't consistent with already
19:58:53 established within the Ybor City district.
19:59:02 Moving down, the building envelope delineated on the
19:59:05 site plan which is the north elevation is inconsistent
19:59:10 with architecture character in Ybor City district.
19:59:13 I highlighted here in yellow.
19:59:16 This is an entrance for a ramp to the second level.
19:59:21 This radius here is for.
19:59:29 They emulate the site as it allows it to be developed
19:59:32 on that site.
19:59:35 So this right here is what the board was illustrating
19:59:38 to the district.
19:59:40 Moving down to the next bullet item, the
19:59:44 illustration -- or the elevation presented to the
19:59:49 zoning commission are inconsistent with the Ybor City
19:59:51 design district and will require substantial
19:59:55 modification during the certificate of
19:59:58 appropriateness.
20:00:03 >>LINDA SAUL-SENA: I have a question for Julia.

20:00:08 >> These are elevations that were submitted during the
20:00:10 time of the recommendation.
20:00:14 The board wanted to pass to you that at no time was
20:00:18 this being approved at that time, that it would have
20:00:20 to come back to the board to receive the CA.
20:00:25 >>LINDA SAUL-SENA: Can I ask Julia?
20:00:28 >> Let him finish his report and then we'll come back.
20:00:32 >> The last item that the barrio had was the ramp once
20:00:37 again here, to the upper parking floors, should be
20:00:41 incorporated to the mass of the building.
20:00:43 If you look at the elevation of the building again,
20:00:49 here on the north elevation which is the bottom, it's
20:00:54 stated here being external, and at no time in the
20:00:56 historic district do you see the ramping up into the
20:00:59 parking area on the exterior.
20:01:01 So once again, this is a concern from the barrio.
20:01:05 The last item that staff had a concern with, if you
20:01:11 look at the first two proposals that were presented
20:01:14 and approved, you see the property line.
20:01:18 If the camera can zoom in, please.
20:01:22 On the upper one is the office use.
20:01:27 You see -- you see the property line on the east.

20:01:37 >>MARTIN SHELBY: Could you put it on the council
20:01:40 monitor?
20:01:41 I'm sorry, if you could ask.
20:01:44 >>> If you look at the property line to the east,
20:01:52 which is here, then you look at the building envelope,
20:01:55 set back, and it doesn't come to zero lot line, both
20:01:59 on the office use and on the mixed plan how it's set
20:02:02 back from the property line, although in some
20:02:05 locations it does receive the property line.
20:02:08 This has not a zero lot line.
20:02:14 This is more in the residential core.
20:02:16 The larger free standing in Ybor, used to incorporate,
20:02:21 the buildings are set back a little bit to have that
20:02:23 pedestrian reflection.
20:02:25 I would just like to conclude here on the east
20:02:34 elevation, which is here, this is where the pedestrian
20:02:39 would be walking which is a sidewalk.
20:02:41 This is zero lot line.
20:02:42 Right behind this facade is a parking element.
20:02:46 The cars come right up to the property line.
20:02:47 So as one travels, passing through here, their
20:02:51 experience is either going to be with a solid wall

20:02:53 with louvers to vent the parking garage, or opaque
20:02:58 glass solution that will be insensitive to the
20:03:00 district as well.
20:03:02 And I'm here to answer any questions.
20:03:05 >>MARY MULHERN: Did the barrio comment on the external
20:03:08 material?
20:03:09 >>> Not at this time.
20:03:10 This is just for the massing and the footprint.
20:03:13 >>LINDA SAUL-SENA: Then that's a question for Julia.
20:03:15 Julia, I know that it's a little bit of a confusing
20:03:17 process where we are asked to approve a rezoning and
20:03:22 then it goes back to the barrio for other
20:03:25 considerations.
20:03:26 But let's say he would approve this tonight, the
20:03:29 barrio had concerns like about the shape of the
20:03:31 driveway or the setbacks or something like that.
20:03:36 They wouldn't have any power to make the petitioner
20:03:38 change it.
20:03:39 >>JULIA COLE: Legal department.
20:03:41 As we all know from previous court decisions, the
20:03:44 general process, that zoning, the building envelope is
20:03:50 set meaning the setbacks and those kind of issues, and

20:03:55 I was going to speak to the conditional note.
20:03:58 I actually think relating to having that discussion at
20:04:00 some point after tonight, can't have that
20:04:06 conversation.
20:04:06 You have to have that conversation tonight.
20:04:08 However, I think the petitioner has taken a position
20:04:13 on those conditions and may not be in agreement with
20:04:16 those conditions anyway.
20:04:17 So we'll have to discuss that further.
20:04:18 But to be clear, tonight is the time, during this
20:04:22 rezoning process, that we set that building envelope.
20:04:25 Once that building envelope is set, because it is in
20:04:30 an historic district would be then required to go back
20:04:32 to the certificate of appropriateness process, to deal
20:04:35 with materials and other architectural type features,
20:04:39 so those issues aren't necessarily required to be
20:04:41 settled this evening.
20:04:42 But those issues setback, thinking about this process
20:04:48 today, that needs to be prepped tonight.
20:04:51 Thank you.
20:04:53 >>JOSEPH P. CAETANO: Mr. Villa, is that your name,
20:04:58 sir?

20:04:58 Bullet number 5 and 6.
20:05:00 Do you have anything that's comparable to that in,
20:05:02 that district?
20:05:03 I guess that's the driveway going up to the second
20:05:06 floor.
20:05:07 >> There is no historic precedent for a drive aisle or
20:05:12 ramp leading to a second story level in the district.
20:05:15 >> That has nothing to compare it with.
20:05:18 >>> That's correct.
20:05:19 >> So they based their opinion on what?
20:05:21 >> I don't know.
20:05:22 You would have to ask them but we reacted to what they
20:05:24 presented and this is a foreign element to the
20:05:27 historic district.
20:05:27 >> Oh, it is.
20:05:31 >> Or to mimic something more consistent.
20:05:35 >> What about the parking garage that the city built?
20:05:37 >>> The circulation is internal.
20:05:38 >> Okay, that wasn't clear, to Mr. Caetano.
20:05:42 >>> That's what I'm trying to get across.
20:05:44 >> So in other words the circulation is to be internal
20:05:47 the building outside looks like a building, not like a

20:05:49 parking ramp.
20:05:52 >>CHARLIE MIRANDA: Mr. Chairman, one of the first
20:05:54 redevelopments in Ybor City, the hotel site, was I
20:05:58 believe the Hilton gardens, that was the candy family
20:06:03 and they did an outstanding job.
20:06:05 That did not have a parking garage in it.
20:06:08 It's just outside surface and rental properties, had
20:06:11 to park the car somewhere else.
20:06:13 I'm thinking about the old large buildings.
20:06:16 I don't remember any large hotels or everyone medium
20:06:19 size hotels when I was growing up in Ybor City.
20:06:22 I do remember the large cigar factories.
20:06:25 And I don't believe one of them came up to the
20:06:28 sidewalk.
20:06:34 Garcia.
20:06:35 Sweetheart.
20:06:35 Or the factory there, the cigar factory.
20:06:42 They all were close to the sidewalk, and then they had
20:06:46 either escalated concrete or steel, made out of steel
20:06:50 steps where the person could walk up.
20:06:58 That's on the front.
20:06:58 To the side, I can't recall not one of them other than

20:07:02 the one across from the old Gonzalez clinic that the
20:07:06 sidewalk, that the building on the north side was
20:07:10 right next to the sidewalk.
20:07:12 And that's the one there on I believe it was 9th
20:07:17 and 14th.
20:07:21 And it skips my mind, the name of the cigar factory.
20:07:25 So although I heard what was said, a lot of buildings
20:07:30 even in the center of the district do not butt up
20:07:35 against the property line.
20:07:37 They were constructed 100 years ago-so and thank God
20:07:44 they used wood that was really, really left to dry
20:07:48 out, because everyone the termites bite into it and
20:07:51 their teeth fall off.
20:07:53 It's not just the pine that they cut today and they
20:07:57 put it up wet.
20:07:58 These things were built with great architectural
20:08:02 design and really good material.
20:08:06 But I don't know one, when we say it's foreign on the
20:08:15 district on the ramp, I can understand that.
20:08:17 But I don't know if one building that ever had that.
20:08:21 So I don't know what foreign means.
20:08:22 I don't know if it means foreign that it's never been

20:08:24 done before, or foreign that it's forbidden.
20:08:30 I don't know what gist of the word foreign meant at
20:08:33 the time of the presentation.
20:08:37 And what I'm saying is, in general, I want to see -- I
20:08:42 think this is the fourth or fifth hotel that now has
20:08:46 been built because of the change in Ybor City.
20:08:51 And I think they have all worked very well with the
20:08:55 barrio that have been built, and my position today is
20:09:02 that the barrio's position is not mine.
20:09:04 They have to meet the guidelines.
20:09:06 But I'm looking at land zoning whether it works or
20:09:09 doesn't work.
20:09:11 In that particular part of the land, and the landscape
20:09:14 in that petition.
20:09:16 That particular portion of Ybor City.
20:09:18 Thank you, Mr. Chairman.
20:09:18 >>THOMAS SCOTT: Petitioner? Mr. Bentley?
20:09:21 >> I have been sworn. Mark Bentley, 201 N. Franklin
20:09:21 Street, Tampa. I'm very pleased to represent the
20:09:49 owner and developer of the proposed hotel consisting
20:09:55 of 125 rooms located at the southwest corner of
20:09:57 vacated 5th and 14th street.

20:10:01 Just south of the railroad track actually.
20:10:03 I know you have seen a couple pictures.
20:10:07 But I have got some here.
20:10:09 It's kind of a it different twist on these things and
20:10:11 I think it's very important for council not just to
20:10:14 see the area but to actually some of the buildings.
20:10:20 >>JOHN DINGFELDER: Could I inject just for the sake of
20:10:23 time?
20:10:24 Mr. Bentley, could you focus on the issues that were
20:10:28 raised by the barrio, and what you agree or disagree
20:10:31 with?
20:10:32 >>MARK BENTLEY: Okay, no problem.
20:10:34 >>JOHN DINGFELDER: I think that might be expedient.
20:10:39 >>> I want to tell you some about the hotel.
20:10:42 >>JOHN DINGFELDER: I know.
20:10:49 >>MARK BENTLEY: We essentially agree with some of the
20:10:51 recommendations.
20:10:52 Ron mentioned the barrio gave approval.
20:10:54 They don't give approval.
20:10:55 They just give recommendation after the commission,
20:10:57 and some of the suggestions were kind of intertwined
20:11:00 between zoning issues, which is under your domain,

20:11:03 some were designed which we don't even get to that
20:11:05 stage at this point.
20:11:06 They are just looking at massing and scale.
20:11:09 That's the bottom line.
20:11:10 So we took some of these suggestions by the barrio to
20:11:12 heart, and I think we are in agreement on most of
20:11:15 them.
20:11:16 Okay.
20:11:16 Let's deal with this setback issue.
20:11:19 This is the east elevation on 14th.
20:11:21 We have 125 rooms.
20:11:23 This is the lobby, where people are going to be
20:11:26 leaving, they are going to be going to 7th Avenue,
20:11:29 obviously not to the industrial area.
20:11:31 So the site is very tight.
20:11:33 You have seen it on the aerial.
20:11:34 A little over an acre.
20:11:36 Mr. Miranda, it's not like a lot of these cigar
20:11:39 factories in Ybor City.
20:11:40 It's just a very irregular shape.
20:11:42 It provides a lot of development struggles and
20:11:46 challenges.

20:11:46 So back to 14th.
20:11:49 I can show you on the plan that when you start
20:11:51 compressing the building, you lose circulation, things
20:11:56 like that.
20:11:57 So on 14th, what the client is willing to do, from
20:12:01 the lobby to the south, provide a 5-foot setback.
20:12:07 You can't go to the north.
20:12:08 You lose too much parking.
20:12:09 I can get all the details and the architects here.
20:12:12 Then the south elevation, these on 4th Avenue.
20:12:23 It would be two feet along the entire property line.
20:12:26 Okay.
20:12:27 And we can put that on record.
20:12:29 Then this issue about the ramping that Ron dated and
20:12:33 that it was foreign to the district.
20:12:35 I'll show you some pictures of the Hampton inn on
20:12:39 7th Avenue.
20:12:40 It goes along from 6th Avenue.
20:12:42 It's got a wall there with graffiti.
20:12:44 I'll show you the picture.
20:12:45 So not foreign.
20:12:47 Not withstanding that, that's not our intention.

20:12:49 Those elevations, you would enter the hotel right
20:12:52 here.
20:12:53 You go 14th.
20:12:54 Hang a left.
20:12:56 You go in here.
20:13:01 Then you circulate through the hotel.
20:13:02 And you go here, first two levels of parking.
20:13:06 It's green.
20:13:07 Mrs. Saul-Sena, actually they landscaped the parking
20:13:10 area, you know.
20:13:11 Pretty unusual.
20:13:12 Anyhow, you go up this ramp and there's two level of
20:13:16 parking and the rooms on the top two floors.
20:13:18 But what's done here is we put a wall in front of the
20:13:22 ramp to mimic the architecture.
20:13:24 Here it is.
20:13:25 Areas here.
20:13:26 You are not even going to see a car.
20:13:28 Okay?
20:13:29 And that's just the way it's designed.
20:13:37 Now, these other issues of putting notes on the plan,
20:13:41 we are going to comply with barrio.

20:13:43 That goes without saying.
20:13:44 That's the law.
20:13:46 Encroachment, woo No problem with that.
20:13:48 Let me just show you one other thing here.
20:13:54 That was raised as a concern.
20:13:59 What I have here is a view to the east of our
20:14:12 property.
20:14:12 Actually the other side of the railroad line.
20:14:14 You can see here the vacated is the same dimension as
20:14:21 the east side of 14th.
20:14:22 Okay.
20:14:23 It's 30 feet.
20:14:24 The granite curbs.
20:14:26 If you look at the other side of 14th, that's our
20:14:28 property.
20:14:29 As we speak, it's 30 feet.
20:14:31 A little bit of granite.
20:14:33 Not too much.
20:14:33 I can show you it been pretty much demolished.
20:14:36 In terms of being foreign or modifying the access
20:14:41 inconsistent with the barrio of the historic district,
20:14:43 that's been the alignment for I guess 100 years or so,

20:14:48 Mr. Miranda.
20:14:49 You probably know better than me.
20:14:51 [ Laughter ]
20:14:52 I'm not saying you were born then.
20:14:56 But in any event, the prior plan that was approved
20:14:59 showed 24.
20:15:00 And that's really not inconsistent.
20:15:02 So I think we are in sync with Ron and the barrio on
20:15:05 that.
20:15:05 We are not changing anything, okay?
20:15:06 By the way, transportation wants the 30 feet for
20:15:09 safety reasons as well.
20:15:12 Then just a couple more pictures.
20:15:15 Back to this ramping issue.
20:15:16 Like I said, Barrio Latino standards, shell screen
20:15:21 parking from local streets, this is the Hampton inn.
20:15:26 This is sixth Avenue.
20:15:27 Nothing is green.
20:15:27 You drive up that ramp.
20:15:30 Okay.
20:15:31 This is exactly what they don't want.
20:15:33 The barrio approved it, I guess three or four years

20:15:37 ago.
20:15:39 And in terms of setbacks, like I said, we'll concede
20:15:44 the five on part of the east side, but if you look at
20:15:47 barrio regulations, it says you should have the
20:15:50 uniform setbacks.
20:15:52 I can go through the pictures but every building is
20:15:55 industrial and zero lot line.
20:15:56 Not withstanding that, zero lot line is uniform, but
20:16:00 here again we'll accommodate the barrio.
20:16:03 But it's very important we pin down some of these
20:16:05 issues in terms of establishing a footprint and things
20:16:08 like that, because this project won't make it if we
20:16:10 have to take the risk of some other agencies review
20:16:14 and start changing things.
20:16:15 It's the only self-sufficient I think development in
20:16:20 Ybor City.
20:16:21 I know for a fact there's a hotel.
20:16:23 It has to be self-sufficient.
20:16:25 It sound like an office building where your employees
20:16:27 can walk a couple blocks.
20:16:29 These people come there, they need to park there.
20:16:31 Like I said you start compressing these things, you

20:16:35 lose room, Domino effect.
20:16:37 Anyhow, if you have any other questions, in terms of
20:16:41 pinning things down, I drafted some I guess you could
20:16:44 call them proposed conditions or confirmation.
20:16:47 If you wont wouldn't mind I can pass them out,
20:16:49 Mr. Chairman.
20:16:50 >>THOMAS SCOTT: Giver it to the attorney there.
20:16:53 Thank you.
20:16:54 >> And Mr. Miranda, I didn't mean any offense, sir.
20:17:12 >>CHARLIE MIRANDA: No, sir, ways there then.
20:17:15 >> But
20:17:17 >>CHARLIE MIRANDA: In fact this location is right
20:17:20 across the street was the old silver bar brewery.
20:17:23 You were there.
20:17:24 [ Laughter ]
20:17:28 >> That was my father.
20:17:32 Anyhow, obviously this has changed, first with the
20:17:34 first print, zero lot line.
20:17:36 What I would like to do based on these commitments we
20:17:38 made to the footprint, we come back for second
20:17:40 reading.
20:17:41 We'll make those modifications.

20:17:43 We'll have dimensions on them.
20:17:44 Okay?
20:17:45 So that's how we'll deal with that.
20:17:46 The footprint shall be what's on the site plan.
20:17:48 It's going to be modified.
20:17:51 The second one, the ramps, the garage may be
20:17:53 unenclosed, but must screened to resemble the facade
20:17:56 of the building that's what we are doing.
20:17:58 We can't enclose it.
20:17:59 We'll lose parking, we'll lose rooms.
20:18:02 The architects can explain that to you.
20:18:04 You lose about 15 or 20 parking spaces if we did that.
20:18:07 And I think the next one goes without saying, parking
20:18:12 may be located on the bottom floors.
20:18:14 Obviously you couldn't put it on top so we don't need
20:18:17 that.
20:18:17 And then they did use exclusively for hotel.
20:18:22 Obviously we can't put any street-level retail or
20:18:24 anything like that.
20:18:25 What you are talking about is you lose a whole row of
20:18:29 parking spaces.
20:18:30 And in a one is going rent space 18 feet deep in the

20:18:33 center like a Starbuck's, there's no foot traffic.
20:18:37 It's totally unrealistic.
20:18:38 So we are going to do our best in the CA process to
20:18:42 make it resemble what's going on in the district as
20:18:45 well.
20:18:45 So I think the important thing is the footprint and
20:18:47 the ramping.
20:18:49 If we can have those as conditions or some type of
20:18:52 confirmation in the record, then we feel pretty
20:18:54 comfortable going down the road here and making this
20:18:56 kind of investment.
20:18:57 Thank you.
20:18:59 >>THOMAS SCOTT: Councilwoman Saul-Sena.
20:19:04 >>LINDA SAUL-SENA: Thank you.
20:19:04 Mr. Bentley, I appreciate it.
20:19:08 My biggest concern as a pedestrian experience being
20:19:13 next to parking, that's just so un-Ybor.
20:19:16 When the city built the parking structure that's near
20:19:21 Centro Ybor, we tried to put something a little more
20:19:25 active and interesting.
20:19:28 I'm just concerned about cars being right next to the
20:19:32 sidewalk.

20:19:34 I think it not the spirit of what the barrio wants to
20:19:36 see.
20:19:36 >> Dennis can address that in a second.
20:19:40 But here's the site plan, the 14th.
20:19:45 If you just push everything over, we lose all of the
20:19:48 circulation, things like that.
20:19:49 So it's not feasible to put anything down there.
20:19:51 What we can do with the barrio is ensure that the
20:19:54 appearance is appropriate and things like that.
20:19:56 The long and the short is it has to be parking.
20:19:59 Now, if we are losing spaces, we kind of look to City
20:20:03 Council and do what you did for my client what did you
20:20:05 for the Hilton inn is dedicated certain parking on
20:20:08 street level, I think at least nighttime.
20:20:11 City Council also dedicated five feet of land so they
20:20:16 could build a Hilton.
20:20:17 So I know what you're saying.
20:20:19 I think something can be worked out in the CA process.
20:20:22 And I don't want to belabor this but our architect is
20:20:24 here and he has some pretty good ideas and he will be
20:20:27 working with Ron, but the question is, if you can't
20:20:29 have parking then forget it, it's not going to happen.

20:20:31 You have got to have the parking down there. You
20:20:33 can't put it on top.
20:20:36 The guests don't want to loop at the CFX railroad
20:20:43 line.
20:20:43 They want to look at 7th Avenue.
20:20:45 >>LINDA SAUL-SENA: Let's hear from the architect.
20:20:47 >>> Dennis, if you can talk about what you can do with
20:20:50 the elevation.
20:20:51 >>> Shadow boxes --
20:20:54 Your name for the record.
20:20:55 >>> Dennis Dosman with architect.
20:21:04 Pretty.
20:21:05 Like --
20:21:06 >>LINDA SAUL-SENA: Shadow boxes are great.
20:21:08 It doesn't show that on the plans you submitted to us.
20:21:10 >>> Well, they have to redo the footprint as we talked
20:21:13 about as far as showing the 5-foot setback.
20:21:16 Those will be addressed at that point.
20:21:17 We are going to be working with the barrio during this
20:21:21 development process.
20:21:23 >>LINDA SAUL-SENA: So that's what Julia was saying, we
20:21:27 have to figure this stuff out now.

20:21:31 Something can be figured out with materials.
20:21:34 >>> Setbacks, talking about 5-foot along 14th.
20:21:39 >> But you can have words that we will put shadow
20:21:41 boxes along.
20:21:41 >>> We are going to put notes on the plans.
20:21:43 We are going to make sure we show that in more detail,
20:21:47 showing the buildings jogging in and out for the
20:21:49 shadow boxes.
20:21:50 Okay.
20:21:51 So we'll make sure that we show the footprint.
20:21:54 As it's going to be built.
20:21:57 >>LINDA SAUL-SENA: And you can do some interesting
20:21:58 things because my moving out to the zero lot line you
20:22:00 will have room where you can do insteps with some
20:22:05 creeping ficus or something.
20:22:07 >>> Exactly.
20:22:08 Also keep in mind on top of the two-story parking
20:22:12 garage we have a very large landscaped terrace.
20:22:15 >> We are really concerned about protecting the
20:22:19 pedestrian experience.
20:22:21 >>> I understand.
20:22:21 >> And we don't want proceed cast from --

20:22:28 >>> Yes.
20:22:33 >>JOHN DINGFELDER: Do you have a response to this or
20:22:35 something else?
20:22:37 >>> No, no.
20:22:38 >>JOHN DINGFELDER: Sir, one of the notes from the
20:22:40 barrio said the vehicular entrance to the project is
20:22:46 foreign intervention to the local and historic
20:22:49 district.
20:22:52 The width of the historic district.
20:22:56 From the architect perspective, I understand a desire,
20:23:02 I guess, to have 30 feet or something like that.
20:23:05 But can that be broken up as well?
20:23:07 We had that issue, I think, at Bern's on their project
20:23:10 and they wanted a big wide entrance, and I think the
20:23:12 community had the same concern and I think it was
20:23:16 suggested maybe it could be broken up with a divider
20:23:20 so it's not such a huge expanse.
20:23:27 >>> Well, I believe -- and mark, correct me if I am
20:23:31 wrong, that the drive is only 30-foot wide, 5th
20:23:34 Avenue across the street anyway.
20:23:36 So there's some discrepancies between the 24-foot --
20:23:44 dipping ding I'm not arguing with you about the width.

20:23:47 I'm suggesting can you break it up so architecturally
20:23:50 it might be a little more appealing as well as the
20:23:55 pedestrian experience, if you have a break, as you are
20:23:58 walking down the sidewalk, you know, then it's a
20:24:03 little safer to --
20:24:06 >>> Almost like a crosswalk with brick pavers?
20:24:09 >> Actually, I was thinking about some sort of
20:24:11 vertical element.
20:24:16 >>> The water feature is built into which will be at
20:24:21 that entrance back at the pedestrian level.
20:24:23 Okay.
20:24:23 So that's part of their prototype, signature, the
20:24:30 water feature.
20:24:31 So those a possibility.
20:24:31 >> I'm talking about --
20:24:36 >>JOHN DINGFELDER: The same spot.
20:24:38 All I'm saying is there's some way to break that up,
20:24:42 visually, vertically?
20:24:44 >>> I would have to check with my civil engineer to
20:24:46 make sure we have room to do that, the turning radius
20:24:48 that we need.
20:24:49 >> I'm thinking as long as we are not objecting to it

20:24:52 being 30 feet, take out, you know, a couple feet or
20:24:56 something like that.
20:24:58 >>> We could look into that and see if that could be
20:25:01 done.
20:25:02 >> Between first and second reading maybe.
20:25:05 >>LINDA SAUL-SENA: A question for the architect.
20:25:09 It says the maximum height is 61 feet.
20:25:12 Does that include what you call the architectural
20:25:15 features?
20:25:16 >>> It does not include some of the parapet heights
20:25:18 that we have.
20:25:19 >> It does?
20:25:20 >> It does not include some of the parapet heights.
20:25:22 >> How high is this? I recently had a complaint by
20:25:24 somebody that said, you know, we allow all these
20:25:26 things, and it's not reflected.
20:25:28 What is the true -- the very tippy top of the
20:25:33 structure, how high is it?
20:25:34 >>> Currently, around 64 feet currently.
20:25:37 The top of the roof structure is at 53-foot 4 inches.
20:25:41 So between those two is around 61 feet.
20:25:45 But you have only two that are that high.

20:25:48 We have broken up on the side of the building with
20:25:51 varying parapet heights and the highest one is at 63
20:25:54 feet 4 inches roughly.
20:25:55 >>LINDA SAUL-SENA: Thank you.
20:25:56 >>THOMAS SCOTT: Any other questions?
20:26:03 >>> One thing and then I'll be done.
20:26:08 There's kind of an unusual process you have when you
20:26:10 rezone property in Ybor City.
20:26:12 On the one hand if you are doing a site plan rezoning
20:26:14 you are required to submit elevations at the time of
20:26:17 rezoning.
20:26:18 However, when you are in a historic district obviously
20:26:20 you have to go get the elevations approved by ARC or
20:26:24 the BLC.
20:26:25 So what we submitted, because we are not going to
20:26:28 spend the time and expense when ultimately the BLC is
20:26:30 going to change it, is just a prototype of the law.
20:26:34 And then we came up in reaction to the barrio's
20:26:36 comments with what I'll call amassing study in front
20:26:38 of you.
20:26:39 Okay.
20:26:39 So I just want to get this straight.

20:26:41 At the end of the day, the barrio is going to weigh
20:26:44 in, and this isn't the real deal.
20:26:47 Okay.
20:26:47 This is a study to determine the height and the
20:26:50 footprint essentially.
20:26:52 Okay?
20:26:52 I have that on the record.
20:26:54 If there's any problem with that.
20:26:56 Then what we would like to do since we are making
20:26:59 graphical changes, apparently take the longer time for
20:27:02 the staff to process it.
20:27:03 So what we would like to do is shooting from the hip,
20:27:06 that will be five feet from the lobby, go back, do it
20:27:10 the right way, dimension it, come back to you awl and
20:27:13 get your blessings and we'll be done.
20:27:14 Just to conclude, the important things are that the
20:27:18 ramp to the garage may be enclosed with screen to
20:27:23 match the elevation, and that the new use may be used
20:27:27 exclusively for a hotel.
20:27:30 Thank you all.
20:27:34 >>LINDA SAUL-SENA: The gentleman just suggested that
20:27:36 he could explore the breaking up of the entryway

20:27:39 between first and second reading.
20:27:42 >>> John, that's interesting because the barrio is
20:27:44 very adamant about maintaining the historic grid, and
20:27:47 30 feet on one side and 30 on the other, you know.
20:27:51 The existing road.
20:27:52 It's been there forever and a day.
20:27:55 But if you all make that a condition we'll explore
20:27:57 that, if it's feasible subject to barrio approval,
20:28:00 that's not a problem. Vince Rado, solid waste
20:28:17 department.
20:28:19 The dumpster for the hotel, right here on 5th.
20:28:22 So an aisle wouldn't be -- would allow a truck to be
20:28:28 serviceable.
20:28:34 That services the dumpster.
20:28:41 Relocate the dumpster.
20:28:51 >>THOMAS SCOTT: Again anyone in the public wants to
20:28:57 address council.
20:28:58 Okay.
20:29:00 Is there anything else?
20:29:02 >>MARK BENTLEY: No.
20:29:03 Thank you very much for your time.
20:29:04 >>GWEN MILLER: Move to close.

20:29:10 >>LINDA SAUL-SENA: Julia Cole of legal.
20:29:13 Julia, in the report, you said the elevations
20:29:16 presented for inclusion in the zoning submission are
20:29:19 inconsistent with the historic district and will
20:29:23 require substantial modification during the
20:29:26 certificate ever appropriate process.
20:29:31 Do we need to address those now?
20:29:33 Or will they be addressed during the CA process?
20:29:38 >>JULIA COLE: He raises kind of an interesting
20:29:43 question because in this zoning process you are
20:29:44 looking really at mass and scale and you are looking
20:29:46 at it in terms of height, zoning and the setback and
20:29:50 the height.
20:29:50 So the typical elevations that you have in any other
20:29:53 kind of site plan control district are really for that
20:29:56 purpose only.
20:29:56 They do need to be refined, though, through the CA
20:29:59 process. So they move forward, they are going to have
20:30:02 to refine whatever their renderings are to comply with
20:30:09 the design guidelines.
20:30:10 So long as they are not in conflict with the mass and
20:30:14 scale that is approved at this level.

20:30:16 And I think that's what you kind of have here because
20:30:20 there has been some modifications made to those to
20:30:24 deal with some of the issues that were raised at the
20:30:25 barrio, but that's not the elevations that are in
20:30:28 front of you for approval.
20:30:29 I think staff would feel more comfortable and I think
20:30:32 it would ensure that this process runs more smoothly,
20:30:35 if we had those elevations also made part of the
20:30:39 approval between first and second reading and that
20:30:42 Mr. Bentley can opine whether or not he's agreeable to
20:30:46 that, but so that it's clear, once we set the building
20:30:50 envelope, and it goes to the barrio, those elevations
20:30:53 still may need to be changed pursuant to the design
20:30:56 guidelines.
20:30:56 >> Well, I thought that's what he said.
20:30:58 Did he not just make that statement, that you want to
20:31:00 do it right and get all the elevation and everything?
20:31:04 >>> Yes.
20:31:05 Here's the deal the process needs to be changed
20:31:07 obviously.
20:31:07 Putting the cart before the horse.
20:31:09 We'll supply elevation.

20:31:11 No one is going to spend that money and time just to
20:31:13 get here and have it changed.
20:31:14 But these are just massing studies maps and studies,
20:31:17 okay?
20:31:18 The elevation is going to change.
20:31:20 Just for review.
20:31:21 So we'll give you something like that, but the
20:31:23 important thing is the footprint, City Council, and
20:31:25 the height.
20:31:26 >>LINDA SAUL-SENA: I need to hear not from you but the
20:31:29 city about the height.
20:31:31 What's the height supposed to be in this area?
20:31:35 Could you all weigh in on the height?
20:31:36 >>> Before the reviewed the total project and the
20:31:40 tallest building in the near vicinity is Ybor brewing
20:31:44 company.
20:31:44 And it's consistent with that building.
20:31:48 There are some protrusions that approach the height of
20:31:51 that building, but the overall ceiling is below that
20:31:55 of the project.
20:31:56 So that's why that was one of the conditions.
20:32:02 >>MARTIN SHELBY: I just wanted to clarify, in I can,

20:32:04 council, Mr. Bentley, did you say what was originally
20:32:08 the comment that Mrs. Saul-Sena read, was in relation
20:32:11 to a prototype that was not -- which was different
20:32:15 than what was presented to council today?
20:32:20 >>> I want to speak on behalf of the barrio.
20:32:23 I was here and they wanted to send a message to City
20:32:26 Council that the elevations that were presented and
20:32:29 were presented tonight in no way are they endorsing
20:32:32 what was presented.
20:32:33 So that's what that bullet item was for.
20:32:36 I think everybody understands that they will have to
20:32:38 come back and receive a certificate of appropriateness
20:32:40 in the future.
20:32:44 >> Motion to close.
20:32:45 >> Are we clear?
20:32:52 >>ABBYE FEELEY: I have a couple things.
20:32:54 The elevation we have on record with the site plan
20:32:56 should be attached to your site plan this evening and
20:33:01 it is the full sheet.
20:33:02 The only thing is that what Mr. Bentley showed you
20:33:05 tonight, to address some concerns of the barrio, it
20:33:08 has some different texturing on the ramps, doesn't

20:33:11 look like the one we have on record.
20:33:13 Given Mr. Bentley's desire this evening to make
20:33:15 modifications such as stepping the building back and
20:33:18 doing some other things he's going to be making his
20:33:20 changes between first and second reading, staff would
20:33:23 recommend during that time he also change the
20:33:24 elevation on his plans when he resubmits to show what
20:33:28 he presented to you tonight which was the intent to
20:33:32 mask with the screening of the arcades, et cetera,
20:33:35 which the breakout and everything will be dictated as
20:33:39 a certain of appropriateness.
20:33:40 However, the intent behind that elevation will be
20:33:42 fully expressed and attached to the site plan.
20:33:45 I believe staff gave you a revision sheet Mr. Bentley
20:33:49 has now added some conditions that he is going to work
20:33:51 on.
20:33:52 So should your motion be to approve this I would ask
20:33:54 that you not only motion for approval with the
20:33:56 revisions that came on that sheet, but also the
20:33:59 additional revisions as stated by Mr. Bentley
20:34:01 concerning the setback of the building, the switch out
20:34:04 of the elevation, and I believe the driveway or

20:34:07 something else.
20:34:07 >>THOMAS SCOTT: So the one he gave out, is that right?
20:34:12 >> Whittled down to two.
20:34:16 The hotel.
20:34:17 >> We need to clearly state those into the record what
20:34:21 those modifications will be.
20:34:22 >>> Just to clarify on the elevation thing, if there
20:34:25 is on the record or note on the plan that these
20:34:29 elevations are for purposes ever rezoning only subject
20:34:32 to change, going through the Barrio Latino.
20:34:35 So we don't want to be bound by those.
20:34:37 Do you understand?
20:34:39 And the conditions, I don't have the sheet in front of
20:34:42 you, Mrs. Mulhern, but the hotel use.
20:34:46 >>THOMAS SCOTT: We have the staff and we have your
20:34:56 proposal that you submitted as part of the record.
20:34:59 Okay.
20:35:02 >>> It was just the screening and the -- yes, ma'am.
20:35:07 >>> I believe Mr. Bentley talked about along 14th
20:35:14 he would be stepping back the building to five feet
20:35:16 from the lobby south or something like that and then
20:35:18 two feet along the south.

20:35:20 He is going to do those changes graphically and set
20:35:23 that building back on the site plan, and then that
20:35:25 building will be coming back before you for second
20:35:27 reading.
20:35:28 When that comes down to certification from the zoning
20:35:30 administrator, I don't know, and I'll let legal speak
20:35:34 to that, and how much that is objective and whether or
20:35:37 not you can actually say that is what the intent was.
20:35:40 If he only steps back 5% of the building at 5 feet, is
20:35:44 that really what the intent was stated?
20:35:45 Could that be certified?
20:35:47 I don't know.
20:35:49 That could be.
20:35:49 I mean, that might force --
20:35:53 >>MARY MULHERN: That intent is not stated.
20:35:55 >>> I understand that.
20:35:59 Zero lot line.
20:36:01 >>MARY MULHERN: So why would we include these?
20:36:04 >>> I modified that.
20:36:05 Just for the record.
20:36:06 I don't have a dimension on the east side south of the
20:36:08 lobby.

20:36:09 I don't have a dimension.
20:36:10 It would be 5-foot setback on the entire span of the
20:36:13 south elevation.
20:36:16 >>THOMAS SCOTT: That's what he said on the record.
20:36:19 >> So just ignore that first line.
20:36:21 >>MARY MULHERN: I'm going to cross it out, if someone
20:36:24 is going to make a motion on this.
20:36:32 >>MARTIN SHELBY: Mark this off in the way if somebody
20:36:34 had to review the record.
20:36:40 >>THOMAS SCOTT: Well, yeah, but it's part of the
20:36:42 record.
20:36:42 You are talking on the record tonight.
20:36:45 It's being recorded.
20:36:48 >>JOHN DINGFELDER: He needs to date it and indicate
20:36:50 it's from him and he needs to agree to it.
20:36:52 >>MARTIN SHELBY: I'm sorry, council, but the point is
20:36:55 if somebody from land development in terms of
20:36:57 certification wants to review it rather than pull up
20:37:00 the entire transcript they can go to the clerk's file
20:37:03 and see exactly what is documented.
20:37:06 >>MARY MULHERN: My point is, I thought we were just
20:37:09 instructed to include those documents in there.

20:37:11 I don't want -- I want to cross that out.
20:37:13 And then whatever he said verbally becomes part of the
20:37:17 agreement.
20:37:18 And when should write it down.
20:37:23 >> Just to boil it down, I'm only keeping number
20:37:23 three. I'm striking number two, that the ramps and
20:37:25 garage be enclosed but screened to resemble the
20:37:30 facade, the building.
20:37:31 That's the one I'm requesting.
20:37:33 It will be a note on second reading.
20:37:34 >>LINDA SAUL-SENA: Oh, shadow box.
20:37:37 So we don't see cars.
20:37:38 >>> We will leave that up to the barrio, don't you
20:37:40 think?
20:37:42 >> No.
20:37:42 >> They might not like shadow boxes.
20:37:45 We are getting into design issues right here.
20:37:46 >>LINDA SAUL-SENA: Well, the intent would be to screen
20:37:50 the vehicle.
20:37:51 I mean, because that was their big objection.
20:37:56 And we need to make sure that that is indicated here.
20:38:01 >>> We'll address it but it might not be shadow boxes.

20:38:04 Ron can deal with that.
20:38:06 And then I would ask to receive and file these
20:38:08 documents.
20:38:09 >>LINDA SAUL-SENA: I would say something like visual
20:38:11 screening such as shadow boxes.
20:38:15 Of cars.
20:38:16 >>JULIA COLE: Legal department.
20:38:18 I am still not clear and I don't think staff is clear,
20:38:20 and I'm not really sure City Council is clear as to
20:38:25 the process of the setbacks on the property.
20:38:30 I would like to note that I think typically we try and
20:38:33 work these things out ahead of time, and unfortunately
20:38:37 doesn't work out this way, and I'm a little concerned
20:38:40 that we are having this kind of conversation on the
20:38:42 record in this manner this evening.
20:38:48 Legally has the right to add these conditions either
20:38:50 via graphical changes or via note at first reading.
20:38:54 These changes are to be part of your motion, and then
20:38:57 they are to be certified to the zoning administrator.
20:39:00 However, I think there does need to be an articulation
20:39:05 as relates to the setback as to what that is, because
20:39:08 I have to say I'm very confused.

20:39:11 >>MARTIN SHELBY: Council, if I can just for purposes
20:39:13 of clarification, and Mr. Bentley did allude to the
20:39:17 fact that there was a shadow box was the purview of
20:39:21 the design, not the mass and scale, but goes to the
20:39:24 barrio for the certificate of appropriateness.
20:39:27 Still, nonetheless, this is a rezoning, and it still
20:39:30 has to comply with 27-321.
20:39:33 The purposes and compatibility in the district and
20:39:38 surrounding areas.
20:39:39 And in this case and any other case --
20:39:44 >>LINDA SAUL-SENA: I would like to see it.
20:39:46 Would you please pass that?
20:39:48 Would you please pass it?
20:39:50 Thank you.
20:39:51 >>MARTIN SHELBY: I suspected, council, the issue is
20:40:00 ultimately, Mr. Bentley, you had raised certain
20:40:03 agreements with regard to the setbacks as articulated.
20:40:09 What is your position now with that between first and
20:40:11 second reading?
20:40:13 >>MARK BENTLEY: Actually what I would like to do we
20:40:16 were negotiating, I guess could you say, out in the
20:40:18 hallway and I could state the setbacks, but what's the

20:40:23 point?
20:40:24 We would like to go back and get the lineal foot and
20:40:26 if it takes a few weeks or four weeks, Marty, we want
20:40:30 to do it the right way.
20:40:31 That's what I'm suggesting.
20:40:33 >>MARTIN SHELBY: But the purpose under the code would
20:40:34 be that the zoning administrator has to certify
20:40:37 conformance with what the agreement is between first
20:40:39 and second reading.
20:40:40 And unless they have that basis, then they cannot make
20:40:43 a determination as to whether that site plan can be
20:40:46 certified for second reading.
20:40:48 >> Okay, because I think it's pretty simple.
20:40:51 The south setback will be two feet.
20:40:53 Along the entire property.
20:40:56 On the eastern elevation, south of the hotel lobby,
20:41:01 which is right here, I'm -- marking it for the record
20:41:05 with an X and a zero, it would be 5 feet to 4th
20:41:10 Avenue.
20:41:11 Okay?
20:41:12 When we come back, we'll actually know how many.
20:41:17 That's the best I can do.

20:41:21 I'll enter that into the record.
20:41:23 For what it's worth.
20:41:24 And if they are going to scale to engineer scale,
20:41:32 that's not going to be too accurate.
20:41:33 It might be off a foot or two.
20:41:37 >>JULIA COLE: I'm sorry.
20:41:41 I'm very concerned.
20:41:43 We don't know what we are making the motion on.
20:41:46 Staff and myself are very amenable to try to scale
20:41:49 this out right now and give a ballpark so it can be
20:41:52 done.
20:41:52 Otherwise the recommend will just continue in a few
20:41:55 weeks until we get that information.
20:41:59 >>MARK BENTLEY: I don't care if we scale it off, I'm
20:42:01 fine with that, with the understanding there's some
20:42:03 latitude give or take a couple feet.
20:42:05 That's fine.
20:42:05 >>MARY MULHERN: I'm not comfortable with that.
20:42:08 I think we should continue this so we know what we are
20:42:10 voting on.
20:42:10 I can't vote for it unless I feel legally and our land
20:42:16 development people are comfortable with it being

20:42:19 accurate.
20:42:20 >>MARK BENTLEY: I know, but I feel like we are kind of
20:42:23 victims here being penalize.
20:42:25 We tried to make accommodation to the barrio people
20:42:29 and now they want to continue it.
20:42:30 I think it's pretty accurate what I said on the
20:42:32 record.
20:42:33 Two feet is two feet, now?
20:42:35 >>MARY MULHERN: Give or two.
20:42:39 >>> No, two feet on the south side, no give or take.
20:42:42 Then on the east side know scale at all.
20:42:45 >>THOMAS SCOTT: Council?
20:42:49 >>JOHN DINGFELDER: The staff report was ten days ago
20:42:51 so it looked like there might have been some
20:42:53 opportunity to get together and work on this and we
20:42:54 wouldn't have to be dealing with these kind of details
20:42:57 tonight.
20:42:57 So if you can accept that chastising and deal with it.
20:43:04 So along those lines instead of a continuance that
20:43:06 might delay this project, because we don't want to
20:43:09 delay the project, or any projects, why don't you step
20:43:14 back, let us continue on with the evening's programs,

20:43:19 and petitions, and in the meantime maybe you and Ron
20:43:23 and whoever else needs to work on some of these
20:43:26 details, work on them and we'll get back in an hour or
20:43:29 so.
20:43:31 >>MARK BENTLEY: That's a good idea.
20:43:33 Thanks.
20:43:33 >>THOMAS SCOTT: Motion to continue?
20:43:37 >> We don't even need that.
20:43:38 >>THOMAS SCOTT: Okay.
20:43:45 >>GWEN MILLER: Go to item number 6.
20:43:52 >>THOMAS SCOTT: You all are racking my nerves.
20:43:58 >>JOHN DINGFELDER: We are spinning our wheels here.
20:44:04 We get into too much detail.
20:44:07 Let them work out the details and let them come back
20:44:09 to us.
20:44:20 >>GWEN MILLER: We are ready.
20:44:20 >>SAMANTHA FENGER: Land Development Coordination.
20:44:25 I have been sworn.
20:44:25 Item number 6, petition Z 09-03 is here before you
20:44:29 tonight for 4918 north Habana Avenue.
20:44:32 It's currently zoned residential office and is seeking
20:44:34 to rezone the property to planned development to allow

20:44:36 for behavioral health.
20:44:39 The site is surrounded by residential neighborhood to
20:44:42 the north and south, a mixture ever residential
20:44:44 neighborhood and neighborhood service commercial to
20:44:45 the east, and an 80 unit low income senior citizen
20:44:50 rental facility.
20:44:51 The proposed building is 35 feet, there is a 4-foot to
20:44:54 6-foot opaque perimeter tense and ten foot height
20:44:59 security fence in the center of the building.
20:45:01 Building setbacks for the proposed behavioral hospital
20:45:04 are as follows.
20:45:05 138 feet to the north.
20:45:07 191 feet from the south.
20:45:09 188 feet from north Habana Avenue and 206 feet from
20:45:13 Gomez Avenue.
20:45:14 Vehicular access is located on north Habana Avenue.
20:45:18 72 parking spaces are required and 72 spaces are being
20:45:21 provided including three ADA spaces and compact
20:45:25 spaces.
20:45:35 On Habana between wilder about a half mile north of
20:45:39 St. Joseph's hospital.
20:45:46 There's an aerial on the site.

20:45:53 You can see I located on Habana with wilder to the
20:45:57 north.
20:45:59 The subject site is over here to the right.
20:46:19 This is looking east from Gomez to the subject site.
20:46:29 The subject site looking north from Habana.
20:46:34 This is west of the site on Gomez.
20:46:39 This is looking north on Habana with the subject site
20:46:42 on your left.
20:46:46 This is looking west on Habana.
20:46:49 This is looking south on Habana with the subject site
20:46:54 on your right.
20:46:55 This is looking south on Habana, the subject site her
20:47:00 on your right.
20:47:02 Adjacent to the property.
20:47:04 This is looking west on wilder.
20:47:12 The petitioner is requesting one waiver, which is
20:47:15 section 1345 to permit two grand trees to be removed
20:47:20 with the required replacement planting of eight
20:47:22 two-inch trees.
20:47:23 This is to be added between first and second reading.
20:47:26 The development review committee has reviewed the
20:47:27 petition and finds the request inconsistent with the

20:47:29 City of Tampa land development regulations.
20:47:31 However, if the applicant revises the site plan with
20:47:34 the required notice of site plan revision, the DRC
20:47:37 will amend its determine and find the petition
20:47:40 consistent with the exception of transportation that
20:47:42 has an objection to the sidewalk and needs to be
20:47:44 constructed adjacent to Gomez Avenue.
20:47:47 Given the magnitude of the required changes, a minimum
20:47:50 of four weeks in between first and second reading is
20:47:53 required.
20:47:54 To brief you quickly on Land Development Coordination
20:47:56 findings, we only have a couple of items we need to
20:48:05 ask the petitioner, and they are mostly technical in
20:48:09 nature.
20:48:10 Petitioner has agreed to all the items that are in the
20:48:12 staff report.
20:48:14 This concludes my presentation, and staff is available
20:48:16 for any questions.
20:48:19 >>THOMAS SCOTT: Questions by council?
20:48:20 >>CHARLIE MIRANDA: The sidewalk on Gomez Avenue, is
20:48:22 that from right-of-way, that you want them to have?
20:48:28 Or is it on their property?

20:48:33 In other words, do you have enough right-of-way for a
20:48:35 sidewalk?
20:48:35 >>> Lenroy Martin, transportation.
20:48:42 There is enough right-of-way but there are trees and
20:48:44 there is a ditch on Gomez.
20:48:46 >>CHARLIE MIRANDA: So you didn't answer the question,
20:48:49 though.
20:48:50 Are there trees, and there's a ditch.
20:48:52 How can you put a sidewalk on the right-of-way?
20:48:56 >>> In the objection, you can ask the petitioner to
20:49:02 note that it is impractical to have a sidewalk along
20:49:04 Gomez.
20:49:08 >>CHARLIE MIRANDA: I can't support that, because I
20:49:11 think that's like a holdup.
20:49:13 Because the -- I'm going to ask the attorney, I'm
20:49:17 going to ask both attorneys.
20:49:19 I'm going to put them right on the grill.
20:49:20 The law states that you can only put a sidewalk on
20:49:24 public right-of-way, period.
20:49:26 And if you can't put a sidewalk, then how am I going
20:49:30 to tell this petitioner or any petitioner, let me have
20:49:33 your money, let me build the sidewalk for someone --

20:49:36 and I'm not mad at you.
20:49:38 Understand that.
20:49:39 You're a little bigger than me.
20:49:42 But what I'm saying is, to me, that is so
20:49:47 unconstitutional, what this city has done for years.
20:49:50 And I'm not -- I can see sidewalks built everywhere.
20:49:55 But let it come from somebody else's money.
20:49:57 When the petitioner by the mere fact that the land,
20:50:02 public right-of-way, does not allow to you build, who
20:50:05 am I to take that money as a city?
20:50:08 That's what I'm saying.
20:50:10 And I would like an opinion from the city.
20:50:17 >>JULIA COLE: Legal department.
20:50:18 The code provides, there's an opportunity to build a
20:50:20 sidewalk on right-of-way on private property.
20:50:23 I want to make that clear for the record.
20:50:25 If there is an opportunity to place that sidewalk on
20:50:28 right-of-way, then the developer would be obligated to
20:50:32 do so.
20:50:33 If in fact there is not that opportunity, because as
20:50:36 the code says, it is not practical, and there's some
20:50:40 definitions, and I'm sorry, don't have the code

20:50:43 provision in front of me right now, but either City
20:50:46 Council or the transportation department has an
20:50:48 opportunity to say that the construction of that
20:50:50 sidewalk is not practical, and then the code
20:50:53 obligates -- it's very clear in the code -- obligates
20:50:58 the payment of an in lieu fee, if the fee is
20:51:01 determined as part of the fee schedule.
20:51:03 So this petitioner, in going forward with this note,
20:51:06 is simply complying with the code.
20:51:10 I have not researched the Constitutionality of that.
20:51:12 I was not involved in the drafting of that.
20:51:14 That has been in the code for some time.
20:51:17 I assume when it was drafted there was some
20:51:19 determination that whoever drafted was comfortable
20:51:22 with it.
20:51:23 And I know we talked about in the past with different
20:51:25 issues on this.
20:51:25 But I think there does need to be some determination
20:51:28 by the council that you want us to go back and I
20:51:31 believe wanted us to revisit that particular code to
20:51:33 make some recommendations on it.
20:51:35 But at this time, this petitioner is down to comply

20:51:38 with that code as written.
20:51:41 Thank you.
20:51:41 >> Let me say this on behalf of the petitioner.
20:51:46 What we are about to do if we do it, in my opinion --
20:51:50 and I'm not a lawyer.
20:51:51 A, it's not Constitutional.
20:51:55 B, that ordinance has no appeal other than the court.
20:51:58 That is unconstitutional.
20:52:00 Every other, the ARC, the other board that comes here,
20:52:04 you can appeal those decisions to the council.
20:52:07 But this one, for whatever reason, you cannot appeal.
20:52:14 In fact a newspaper reported -- reporter called me and
20:52:17 we were everything a long detailed meeting Monday, and
20:52:20 I want to show that newspaper exactly what I'm saying.
20:52:23 I'm going to show the atrocities that this city has
20:52:26 committed in making people pay money, and they have no
20:52:30 benefit on their property, and it used somewhere else,
20:52:34 without no benefit to them, and that is their
20:52:36 hard-earned money.
20:52:37 And I will never support another one like that.
20:52:41 That's all I'm saying.
20:52:42 And within two weeks, I'm going to have an ordinance

20:52:46 presented with it passes or not, it's up to the
20:52:48 council.
20:52:49 To change some of these atrocities that we have
20:52:52 committed for a long, long time.
20:52:56 Saying that, I'm for sidewalks.
20:52:58 But sidewalk money should come from other places, not
20:53:01 solely from me holding up a developer, whether it's
20:53:05 this one or any other developer, especially on
20:53:08 residential property, where you have a ditch, on both
20:53:11 sides of the house, and who in the world is going to
20:53:14 walk down the middle of the street?
20:53:16 Jump an 8-foot ditch, go 60 feet and jump back out to
20:53:20 the street?
20:53:22 Than doesn't happen, folks.
20:53:25 So we are going to hold ourselves because it's the
20:53:31 law, we are going to hold ourselves to that standard?
20:53:33 I don't think so.
20:53:36 That's up to search of us.
20:53:37 Thank you very much.
20:53:41 >>THOMAS SCOTT: Planning Commission.
20:53:48 >>TONY GARCIA: Planning Commission.
20:53:49 I have been sworn.

20:53:50 I don't know if I want to say anything.
20:53:53 >>CHARLIE MIRANDA: You can say a lot of things.
20:53:57 That doesn't mean I agree with you.
20:53:59 >> It won't be the right thing.
20:54:05 As relates to the future land use category, you have
20:54:07 three predominant land use categories.
20:54:12 Here's Habana.
20:54:13 About this second of Habana to four-lane highway with
20:54:16 a turning lane in the middle.
20:54:18 So it's very unique between Hillsborough Avenue and it
20:54:23 does have that particular characteristic.
20:54:25 This project has come before this council for a land
20:54:28 use change, former land use was residential 35, was
20:54:33 approved by this public-semi-public to allow requests
20:54:37 before you this evening.
20:54:40 As Ms. Fenger already described to you the request of
20:54:43 the applicant.
20:54:44 The other land use categories are residential 10 and
20:54:48 residential 20.
20:54:49 As you can see, the character on the west side of
20:54:52 Habana is a lot different than on the east side of
20:54:55 Habana.

20:54:55 The east side as you can see by the partialization
20:54:58 pretty much single-family detached residential uses.
20:55:01 On the west side it's a little different.
20:55:02 You have some larger parcels.
20:55:05 And you have a little bit that's been compromised on
20:55:11 this side.
20:55:11 You have some dead-ends over here going down Osborne
20:55:15 street.
20:55:15 So the grid has been compromised a little bit on the
20:55:17 west side.
20:55:18 But that's just because of the property and the lay of
20:55:22 the land on the western side.
20:55:24 As a result of this, this has opened up the
20:55:26 opportunity for the larger parcels that we see over
20:55:28 here, and will be reflected over here on the aerial.
20:55:32 You have a large vegetative patch to the west.
20:55:35 There are two rezonings that were approved by this
20:55:38 council for elderly housing development to the west,
20:55:42 right over here on the west side of Gomez.
20:55:46 You do have some single-family detached residential
20:55:48 uses over here, also along wild era long with some
20:55:52 attached uses.

20:55:53 There are some attached uses going north to
20:55:56 Hillsborough Avenue.
20:55:59 There is a significant medical office presence also of
20:56:04 much greater scale and intensity on the western side
20:56:06 of Habana versus the eastern side of Habana, but their
20:56:10 presence, there are policies to support the continual
20:56:17 evolution of Habana particularly north of Dr. Martin
20:56:19 Luther King in this type of medically related
20:56:22 supported use because of its proximity to St. Joseph's
20:56:25 hospital to the south of the site.
20:56:28 The request has already been explained to you in
20:56:29 particular detail as far as the related facility
20:56:32 that's already on St. Joseph's hospital that will be
20:56:35 converted to the site over here.
20:56:38 Planning Commission staff found the proposed request
20:56:40 consistent with the comprehensive plan.
20:56:43 >>THOMAS SCOTT: Any questions?
20:56:46 Petitioner?
20:56:47 >> Jim Porter, Ruden McClosky for the applicant.
20:56:53 Let me say at the outset we agree completely with the
20:56:56 staff report and will make the required changes and
20:56:58 will have those ready.

20:56:59 I think they have already been made actually.
20:57:01 You will recall Mr. Garcia said this is ooh
20:57:03 comprehensive plan amendment that you approved late
20:57:05 last year.
20:57:06 This is just a rezoning to implement that
20:57:08 comprehensive plan.
20:57:09 We had the full time here, if you have any questions.
20:57:12 We are not aware of any opposition.
20:57:14 I appreciate councilman Miranda's advocacy on the part
20:57:17 of the sidewalk.
20:57:19 In the interest of time, we are asking for the waiver.
20:57:22 We are willing to pay the fee.
20:57:23 I just wanted to show you a brief picture of Gomez,
20:57:29 how it's impractical to put a sidewalk in.
20:57:31 This is Gomez.
20:57:33 This is a ditch the entire length of Gomez.
20:57:36 There are approximately 21 trees that run along the
20:57:38 west boundary line.
20:57:40 This is a grand oak.
20:57:41 In order to put a sidewalk in, it had a huge impact on
20:57:44 the ditch obviously, would destroy the roof.
20:57:47 But also impact the wetland which is further down here

20:57:50 so we are respectfully asking for that waiver.
20:57:53 And I agree with everything councilman Miranda said.
20:57:56 But in the interest of time we'll agree to pay that
20:57:59 this evening.
20:58:02 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
20:58:04 What is the length of that, approximately?
20:58:06 >>> About 600 feet.
20:58:08 >>LINDA SAUL-SENA: 600 feet.
20:58:09 So you are looking at $30,000 roughly.
20:58:11 >>> It's 43 dollars a linear feet.
20:58:15 >> 43.
20:58:16 You are looking at $25,000 roughly.
20:58:18 >>> Again in the interest of time, we are willing to
20:58:24 pay that.
20:58:26 >>THOMAS SCOTT: Just curiosity question.
20:58:28 I was out the other day looking at this property.
20:58:33 Is there a bus shelter out there on that property?
20:58:35 >>> In the past, the history of this property, it was
20:58:38 known as -- it was a facility on the property for
20:58:42 years.
20:58:43 That was torn down.
20:58:43 Then it was used as parking for St. Joseph so there

20:58:46 was a bus stop there.
20:58:49 >> I saw the bus shed.
20:58:52 >>> That's correct.
20:58:55 >>THOMAS SCOTT: Mr. Dingfelder.
20:58:57 >>JOHN DINGFELDER: Well, Charlie, suns you got off
20:59:03 your soap box I want to climb up on mine on a
20:59:06 different topic, and really this is not targeted to
20:59:09 you, Jim, at all, but when you looked at the notice
20:59:12 letter which I'm sure you guys complied with our
20:59:14 requirements, I just looked at it and all it says is
20:59:18 to the neighbors, whoever the neighbors are, it says,
20:59:21 RO-1 to PD.
20:59:22 Okay.
20:59:25 It doesn't say anything more than that.
20:59:26 So if I'm a neighbor and I'm getting this notice
20:59:29 letter I'm going to sit there and scratch my head and
20:59:31 say, what does that mean?
20:59:34 It doesn't say 60 bed behavioral hospital health
20:59:38 hospital described by the staff report.
20:59:39 It doesn't have any detail at all.
20:59:41 I don't know if it includes a map or site drawings or
20:59:47 anything like that. Anyway, I just want to bring that

20:59:50 up to staff.
20:59:51 So I don't know if that's an administrative function
20:59:54 or if that's something we need to change in code down
20:59:56 the road.
20:59:57 But we need to add a little more detail on our notice
21:00:01 letters.
21:00:03 Because if it going to be a meaningful notice letter,
21:00:07 then it should say something.
21:00:10 >>JULIA COLE: Legal department.
21:00:13 The code has a basic requirement as to what needs to
21:00:16 be noticed, and this has been met, and the notice has
21:00:19 been complied with so there's no confusion.
21:00:22 I think if council would like to see an enhanced
21:00:25 notice, that would be best placed within the code,
21:00:28 because otherwise if it was just a request to staff,
21:00:32 some people may comply, some people may not comply,
21:00:35 then we keep getting questions.
21:00:38 I would recommend if that's the thing council wants to
21:00:41 see that they delineate exactly what that notice is to
21:00:44 contain, and that is placed in your code.
21:00:45 >>JOHN DINGFELDER: Okay.
21:00:49 That was my soap box.

21:00:50 I'm off of that.
21:00:50 But Jim, related to your project specifically, it does
21:00:53 say 60 bed behavioral hospital.
21:00:59 How about security, locks, staff, fencing, that sort
21:01:05 of thing?
21:01:08 >>> John can give you answer busy that.
21:01:15 And we complied with the legal notice but we also sent
21:01:17 out notices broader than we were required to legally,
21:01:21 with more information, and held neighborhood meetings
21:01:26 in English and Spanish with details about the plan.
21:01:30 I would like Mr. Sheen to introduce himself and
21:01:32 address your specific question.
21:01:33 >>JOHN DINGFELDER: In the meantime, Julia, maybe you
21:01:37 will work with Cathy that I raised.
21:01:39 >>> John Sheen, the vice-president of able health
21:01:42 services for Bay Care Health System, responsible for
21:01:45 the services currently provided on the campus of St.
21:01:49 Joseph's hospital about a half mile away.
21:01:52 The design for the new facility will be similar to the
21:01:55 units we currently operate on St. Joseph's campus, has
21:01:59 magnetic locks, one design enhancement for this
21:02:03 property will be a double security zone, so you will

21:02:06 have actually two layers of security in the form of
21:02:09 fencing, that will ensure that if someone were to get
21:02:13 out of the magnetically locked secure areas, that
21:02:18 there would be then two more layers of security before
21:02:20 they would be able to reach the street.
21:02:22 We do not have an shall you with elopements from
21:02:28 psychiatric areas at the current St. Joe's campus.
21:02:33 I do not see that being an issue in the new facility
21:02:36 since we are actually enhancing the design from what
21:02:38 we currently operate.
21:02:40 >>JOHN DINGFELDER: Thank you.
21:02:43 >>> Open to further questions.
21:02:46 >>THOMAS SCOTT: Anyone from the public wish to address
21:02:48 council?
21:02:49 Is there anyone from the public that wishes to address
21:02:51 council?
21:02:51 Okay, motion to close.
21:02:53 >>CHARLIE MIRANDA: So moved.
21:02:54 >>LINDA SAUL-SENA: Second.
21:02:54 (Motion carried).
21:02:57 >>CHARLIE MIRANDA: I'll read the ordinance but I am
21:02:58 going to read it in a way that beware of the sidewalk

21:03:02 fee.
21:03:04 If it passes, it passes.
21:03:05 If it doesn't, then we know where we are at.
21:03:08 Move an ordinance rezoning property in the general
21:03:09 vicinity of 4918 north Habana Avenue in the city of
21:03:12 Tampa, Florida more particularly described in section
21:03:14 1 from zoning district classification residential
21:03:18 office to planned development 60 bed behavioral health
21:03:23 hospital providing an effective date with the
21:03:25 specifics that the $25,000 or so dollars that are
21:03:30 along the sidewalk on Gomez be waived, because the
21:03:33 impediment is on the property, and the law says you
21:03:36 must put the sidewalk on the right-of-way, and this is
21:03:40 physically impossible to do.
21:03:41 >>JOHN DINGFELDER: I withdraw my second because I
21:03:45 think he would can't do it on a case-by-case basis.
21:03:47 It has to be equal protection.
21:03:49 And if the next petitioner is made to pay the fee and
21:03:52 this petitioner is not made to pay the fee I don't
21:03:54 think it's fair. If we want to change the law we have
21:03:56 to change the law but I don't think we can do it on a
21:03:59 case-by-case basis.

21:04:01 >>> Let's hear from the attorney.
21:04:03 >>MARTIN SHELBY: In order to provide continual access
21:04:06 for pedestrian sidewalk shall be provided by the
21:04:08 property owner or permit applicant in the public
21:04:11 right-of-way along or near any parcel of land abutting
21:04:15 a public street when one of the following occur, and
21:04:19 one of them is a site plan control zoning approval.
21:04:22 It says whatever sidewalks are required, then the
21:04:25 sidewalk shall be constructed in the public
21:04:27 right-of-way along the full length of any and all
21:04:29 streets abutting a parcel of property parallel to the
21:04:33 street in accordance with the latest standard
21:04:35 established by department of public works.
21:04:37 The location of the sidewalk in the public
21:04:40 right-of-way shall be determined by the transportation
21:04:43 manager or his designee.
21:04:46 If a sidewalk is required understood the subsection of
21:04:49 this code, but the construction of the sidewalk can
21:04:52 determined not to be practical, then the property --
21:04:54 and I am a bridging slightly -- then the applicant
21:04:58 shall make a contribution to the applicable sidewalk
21:05:01 trust fund as described in section 22 of this code in

21:05:05 lieu of constructing the required sidewalk.
21:05:07 The amount of this contribution shall be determined by
21:05:10 multiplying the linear feet of that parcel by the
21:05:13 linear foot contribution fee established pursuant to
21:05:16 section 22-104 of this code.
21:05:18 And here's the provision.
21:05:20 The issue of whether the construction of a sidewalk on
21:05:23 the parcel is quote-unquote not practical, shall be
21:05:27 made by the transportation manager or his designee, in
21:05:31 making such a decision the transportation manager or
21:05:34 his designee shall consider the following factors.
21:05:37 Bear with me, please.
21:05:40 Where there is no existing sidewalk to the proposed
21:05:41 sidewalk, to which the proposed sidewalk can connect
21:05:44 and is unlikely there will be additional development
21:05:46 which will require the construction of additional
21:05:48 sidewalks, whether a sidewalk cannot be constructed
21:05:52 without removing a grand tree or protected tree,
21:05:56 whether a stormwater drainage ditch or similar public
21:05:59 utility to prevent the construction of a sidewalk and
21:06:02 neither the facility nor the proposed sidewalk can be
21:06:04 reasonably relocated to alter, to accommodate both the

21:06:11 sidewalk, and, four, whether or not other unique or
21:06:14 peculiar circumstances exist on a given parcel of
21:06:17 development, which is a rather broad thing, I might
21:06:20 add.
21:06:20 D, says finally, City Council shall also have the
21:06:25 authority to determine whether or not circumstances
21:06:27 exist making it -- whether it is or not practical to
21:06:31 construct a sidewalk in connection with site plan
21:06:34 controlled rezoning and S-2 special use petition.
21:06:38 So either way council find it, it still can GTE give a
21:06:43 determination by the zoning -- the transportation
21:06:45 manager or his designee.
21:06:47 >> Let me ask one more time.
21:06:50 >> City Council shall also have the authority to
21:06:54 determine whether or not circumstances exist, making
21:06:59 it -- is not practical to construct a sidewalk in
21:07:02 connection with site plan control rezoning.
21:07:05 Now, one can argue, one could argue that it is
21:07:13 practical assuming they remove the grand tree, and
21:07:16 they box culvert and pave over that entire area, the
21:07:21 cost of which is very, very obviously expensive, and
21:07:25 counter to public policy.

21:07:26 So basically what the code says is that there is a fee
21:07:30 in lieu of.
21:07:31 Now, the question is whether or not council can waive
21:07:34 that fee.
21:07:34 I don't see any provision in the code on a
21:07:36 case-by-case basis that would allow us to do that.
21:07:39 I will remind council that it did amend this ordinance
21:07:46 to make certain accommodations for affordable housing
21:07:51 units in residential areas, if you recall that.
21:07:54 And in that circumstance amended the code.
21:07:57 Further amend the code --
21:07:59 >>CHARLIE MIRANDA: Mr. Chairman, that last portion
21:08:02 where council may amend, if the development is
21:08:11 unsubstantiated or something to those words that
21:08:14 development, the sidewalk cannot be put there, what do
21:08:17 we have, floating sidewalks now?
21:08:20 >>MARTIN SHELBY: No, what the code provides for is
21:08:22 that if it is not practical, then what happens is
21:08:25 that, if it's the determination it is not practical
21:08:31 then the property owner or permit applicant shall make
21:08:35 a contribution to the applicable sidewalk trust fund.
21:08:38 >> Well, we better have a lot of money in the bank

21:08:40 because I know four or five that are going to sue the
21:08:42 city and they are going to win.
21:08:46 >>JOHN DINGFELDER: Do you want to make the motion
21:08:57 without the --
21:08:59 >> You can do whatever you want.
21:09:00 I don't want to hold up the project.
21:09:03 I don't like to rob banks or hospitals.
21:09:04 I don't believe in that.
21:09:05 I don't believe in today's marketplace, that law
21:09:08 there, you take it to any judge, it will be out the
21:09:12 window.
21:09:13 There is no appeal to this council.
21:09:16 It's written like the people who are doing something
21:09:21 are all wrong, and their money is going to somebody
21:09:25 else's property.
21:09:27 St. Joseph may build me a sidewalk.
21:09:30 Maybe I don't want one.
21:09:31 Maybe I do.
21:09:32 But that's not the point.
21:09:33 The point is that their money to be used for something
21:09:37 else to help their project or their own property.
21:09:42 Solar systems.

21:09:44 I don't know what.
21:09:45 But for 25,000 they can certainly start something.
21:09:47 What I'm saying is, this is not the way I was taught
21:09:49 when I was a little boy growing up.
21:09:53 >>MARY MULHERN: I just wanted to tell Mr. Miranda that
21:09:55 I'm glad he's supporting what I have been talking
21:09:57 about since I got on council.
21:09:59 And I was thinking we had already addressed it.
21:10:02 But apparently it was only for affordable housing.
21:10:04 So I certainly would love to go along with Mr. Miranda
21:10:09 on revisiting the code on that.
21:10:15 >>JOHN DINGFELDER: You have discretion.
21:10:17 >>MARY MULHERN: No, I'm saying on revisiting the code.
21:10:19 >>MARTIN SHELBY: Only discretion to waive the fee on
21:10:23 this instance but you clearly do have the discretion
21:10:26 as a public policy decision to address it in the code.
21:10:29 But Mr. Miranda's specific question, no, you do not
21:10:33 have the discretion to waive this fee, pursuant to the
21:10:37 code which has been enacted by City Council previous.
21:10:42 >>> The manager does.
21:10:43 >> The only thing that council or the transportation
21:10:46 manager can make a determination of is the fact it is

21:10:49 not practical to make a sidewalk.
21:10:51 Otherwise, without that determination, the petitioner,
21:10:56 pursuant to this code, is required to build a
21:10:58 sidewalk.
21:11:00 >>THOMAS SCOTT: Okay.
21:11:03 Did you finish?
21:11:04 >>LINDA SAUL-SENA: I would like to vote.
21:11:07 >>THOMAS SCOTT: Well, do we have a motion on the
21:11:09 floor?
21:11:11 >>CHARLIE MIRANDA: Listen, I have been beat up so
21:11:12 badly.
21:11:17 I already read it.
21:11:19 I'll read it again.
21:11:19 >>JOSEPH P. CAETANO: Mr. Chairman, it's not practical
21:11:23 to build a sidewalk there.
21:11:27 >>CHARLIE MIRANDA: An ordinance rezoning property in
21:11:29 the general vicinity of 4918 north Habana eve, from
21:11:35 residential to PD planned development, providing an
21:11:39 effective date.
21:11:43 >>LINDA SAUL-SENA: Second.
21:11:46 >>THOMAS SCOTT: Moved and seconded.
21:11:50 Hurry up and vote.

21:11:55 >>THE CLERK: Motion carried unanimously.
21:11:57 Second reading and adoption will be on March 19th
21:11:59 at 9:30 a.m.
21:12:00 >>THOMAS SCOTT: Thank you.
21:12:05 Item 7.
21:12:11 Item 7.
21:12:24 Are we ready?
21:12:27 Item 7?
21:12:32 >>> The last item, item number 6, we need four weeks
21:12:37 out for that second reading.
21:12:38 Is that four weeks?
21:12:42 >>THOMAS SCOTT: I remember they were talking about
21:12:45 four weeks, yes.
21:12:46 Four weeks.
21:12:47 So check the date, Jim.
21:12:54 >>THE CLERK: The next regular session will be on April
21:12:56 2nd.
21:12:56 >>THOMAS SCOTT: You might need to notify them.
21:12:59 >>THE CLERK: Second reading and adoption will be on
21:13:02 April 2nd at 9:30 a.m.
21:13:04 >>SAMANTHA FENGER: Land Development Coordination.
21:13:09 I have been sworn.

21:13:10 Item number 7, petition Z 09-05, is here before you
21:13:14 tonight for a 4027 west Martin Luther King Boulevard.
21:13:19 This is the Euclidean request, to have aerials, and --
21:13:34 It's to rezone the property to industrial general to
21:13:44 allow for other uses on the site.
21:13:46 The subject site is 70 feet by 136.64 feet for a total
21:13:50 of 9,564.8 feet.
21:13:53 The minimum site requirements for industrial zoning
21:13:57 direct are 5,000 square foot minimum lot size with a
21:14:00 0-foot fence, the setbacks need to be 10-foot front
21:14:05 and corner, a zero foot side and rear yard and maximum
21:14:10 building height of 60 feet.
21:14:11 The developer must adhere to all City of Tampa
21:14:14 development regulations at the time of permitting.
21:14:16 Because this is a Euclidean zoning request no waivers
21:14:19 are permitted.
21:14:20 I provided a table of permitted uses that has been
21:14:22 provided for the industrial zoning district.
21:14:24 And I also have one letter from the Drew Park
21:14:27 community redevelopment area advisory committee to
21:14:30 enter for the record.
21:14:38 The site is located her on Martin Luther King.

21:15:03 Between Clark to the east and -- I'm sorry, to the
21:15:07 west, and Hills to the east.
21:15:11 You can see it's primarily industrial zoning.
21:15:15 It was rezoned to a PD.
21:15:17 And they are now requesting to rezone back to
21:15:19 industrial general.
21:15:21 Here is an aerial view of the site.
21:15:32 With the subject site looking north from Martin Luther
21:15:34 King, this is east of the site on Martin Luther King.
21:15:43 This is west of the site on Martin Luther King.
21:15:48 This is looking east on Martin Luther King.
21:15:54 This is looking west on Martin Luther King.
21:15:57 This is north of the subject site.
21:16:05 This is looking north on Clark.
21:16:10 South of the subject site on Martin Luther King.
21:16:12 This is south of the subject site on Martin Luther
21:16:18 King.
21:16:21 The development review committee has reviewed the
21:16:23 petition and finds the -- the request consistent with
21:16:28 the City of Tampa regulations.
21:16:30 Staff is available for any questions.
21:16:33 >>GWEN MILLER: Mr. Dingfelder?

21:16:35 >>JOHN DINGFELDER: One quick question.
21:16:36 Randy Coen from Drew Park CRA.
21:16:38 In his letter he said the Drew Park CAC expressed
21:16:42 concern that the IZ zoning potentially allowed on the
21:16:45 establishment and special use 1 permit subject to
21:16:47 review by zoning administrator.
21:16:49 Then he goes on to say that they don't oppose it, they
21:16:54 support the petition.
21:16:58 Is that a concern of staff, or is that an accurate
21:17:01 representation of that usual you?
21:17:07 Did you all see that?
21:17:10 >>> Yes, we did see that note.
21:17:16 >> If that's true, what would the special use process
21:17:19 entail to allow that?
21:17:25 Nothing we should be concerned about?
21:17:29 >>> I mean, do you need to look at IG, that would be a
21:17:33 special use.
21:17:33 Right now as I stand here can't tell you what those
21:17:36 special use criteria, but that is an administrative
21:17:40 process.
21:17:40 That is something that would not come to you.
21:17:42 And legally we would have to be very cognizant of

21:17:44 that.
21:17:45 What I would recommend if you did have that question
21:17:47 is we can move forward on first reading, and I can ask
21:17:54 is the either the zoning administrator or appropriate
21:17:58 attorney in our offers to have that conversation, or
21:18:02 I'm not really sure who would be, but could discuss
21:18:05 that with you on the record, outside the context of
21:18:08 the zoning.
21:18:11 >>JOHN DINGFELDER: Well, I don't know why it in
21:18:13 conflict with zoning because if it's a potential -- if
21:18:16 it's a potential, and we know that these are issues in
21:18:21 that neighborhood, the last thing we want to do is
21:18:24 encourage it.
21:18:26 So --
21:18:30 >>> It's a tricky issue and I don't want to proceed
21:18:32 suppose the adult use process into this row zoning
21:18:35 process.
21:18:35 That's why I think probably the best thing for us to
21:18:38 do, unless there's another reason for us to not move
21:18:41 forward tonight or another reason that you want to
21:18:43 deny it, allow us to move forward on first reading and
21:18:45 let's have that conversation so I can bring you more

21:18:48 information.
21:18:49 Alternatively we could continue this to bring that
21:18:51 information to you.
21:18:54 I just don't have all that information in front of me.
21:18:58 >>JOHN DINGFELDER: Thank you.
21:19:00 >>TONY GARCIA: Planning Commission staff.
21:19:02 I have been sworn.
21:19:05 The predominant land use category north of Martin
21:19:07 Luther King as you can see, is light industrial.
21:19:10 Public semi-public to the south.
21:19:12 Several institutions to the south.
21:19:15 The site is the only PD zoning district you have in
21:19:19 this surrounding area north of Martin Luther King.
21:19:22 Everything else is either IG or CG.
21:19:25 So you have a vast area that falls into that same
21:19:29 criteria that Mr. Dingfelder just brought up.
21:19:32 Going back to the original Euclidean zoning district,
21:19:37 to be consistent with the pattern of development
21:19:38 that's in the area, you have some warehouse uses.
21:19:41 I think it's kind of interesting also to note that the
21:19:43 existing PD, I think, is for a massage parlor.
21:19:50 So, you know, that's six of one, half dozen of another

21:19:53 to what it could potentially be and what it proved to
21:19:57 be now.
21:19:58 That's what's on the application, not that I have any
21:19:59 personal knowledge of that, Mr. Miranda, so don't low
21:20:02 at me like that.
21:20:04 Planning Commission staff found the proposed staff
21:20:05 consistent with the comprehensive plan.
21:20:11 >>CHARLIE MIRANDA: Is this that little white building
21:20:13 where next to it they clean cars and have a little
21:20:17 7-Eleven type store?
21:20:19 >>> It like a little office building.
21:20:24 Right next to a garage.
21:20:26 There's a gas station there.
21:20:28 Sound like you probably know the area better than I
21:20:30 do.
21:20:33 >>JOHN DINGFELDER: It's his district.
21:20:36 >>GWEN MILLER: Petitioner.
21:20:39 >>> Stacie, 6206 Gomez place.
21:20:43 I'm here representing Danai Diaz.
21:20:54 She had a baby today.
21:20:56 Requesting approval for the change from the PD to IG,
21:21:01 because not going to go back to what it used to be

21:21:12 before, PD, so she wants to do another business in
21:21:15 order to do that, so she wants to change from IG.
21:21:20 So if you have any questions.
21:21:22 >>GWEN MILLER: What kind of business is it?
21:21:24 >>> Actually, she's not decide to do any business yet.
21:21:28 She just wants change from PD, because she cannot
21:21:32 do -- in the PD,.
21:21:40 >>GWEN MILLER: Is there anyone in the public that
21:21:43 wants to speak on this item?
21:21:44 >>JOHN DINGFELDER: We don't want it to be a spa either
21:21:49 so that sounds good.
21:21:53 >> Move to close.
21:21:54 >> Second.
21:21:55 (Motion carried)
21:21:55 >>LINDA SAUL-SENA: I would like to move an ordinance
21:22:01 rezoning property in the general vicinity of 4027 west
21:22:09 Dr. Martin Luther King Boulevard from district
21:22:11 classification PD to I industrial general providing an
21:22:16 effective date.
21:22:16 >>GWEN MILLER: We have a motion and second.
21:22:18 All in favor of the motion say Aye.

21:22:22 Opposed, Nay.
21:22:22 >>THE CLERK: Motion carried unanimously.
21:22:24 Second reading and adoption will be on March 19 at
21:22:27 9:30 a.m.
21:22:28 >>JOHN DINGFELDER: Are we going back to Bentley?
21:22:40 >> No, do that at the end.
21:22:41 >> I am doing the last case of the evening.
21:22:43 So if you would like, we could go back and finish up
21:22:46 Mr. Bentley.
21:22:47 I think we are ready.
21:22:50 >>GWEN MILLER: Let's do it.
21:22:51 >> Going back to item 5.
21:22:53 I do have a handwritten that has been reviewed by Mr.
21:23:05 Villa and Mr. Bentley and the architect of record.
21:23:09 >>JOHN DINGFELDER: Everybody is happy.
21:23:19 >>ABBYE FEELEY: Land Development Coordination.
21:23:20 What we did is with a similar thing that we did in the
21:23:24 Hyde Park Village rezoning, where the ARC had.
21:23:29 Wanted in the building, we went back and put together
21:23:33 two notes, one for the 14th street building
21:23:36 placement, that's a maximum of 60% of the building
21:23:40 will be at zero.

21:23:43 The remaining portion of the bidding will be at a
21:23:46 setback from two feet to five feet.
21:23:48 When we went out there and measured from that portion
21:23:50 of the building south ward they were saying setbacks 5
21:23:54 feet, knowing the limitations of the site plan
21:23:57 controlled zoning, I didn't feel really that that was
21:24:01 going to maybe put them in the best position to
21:24:03 achieve what the barrio was really looking for.
21:24:07 This will allow that percentage of undulation to occur
21:24:11 along that street frontage only a maximum of 60% of
21:24:15 the building facade to be zero and the rest will move
21:24:19 according to when they go back for certificate of
21:24:21 appropriateness through the barrio to address that.
21:24:30 >> I have a question for Mr. Villa.
21:24:31 The barrio expressed concern on the bottom floor, you
21:24:34 would do walking by cars and that's not the proper
21:24:38 spirit of the pedestrian experience.
21:24:39 Do you feel that's still hanging out there?
21:24:43 >>> This note addresses a portion of that.
21:24:45 The rest of that will be taken care of this at the
21:24:48 appropriate time.
21:24:50 I don't think it's this board's decision to make at

21:24:52 this time.
21:24:53 I think that should be left up to the barrio.
21:24:55 But this goes a long way in aiding in that.
21:24:58 >>LINDA SAUL-SENA: Okay, good.
21:25:02 >>ABBYE FEELEY: On the second side, the 4th Avenue
21:25:04 portion, we treated it the same way.
21:25:06 This piece is a maximum of 75% of the building will be
21:25:10 at zero and the remaining portion will be placed at a
21:25:13 setback of two feet.
21:25:15 And this is only for that portion of the south
21:25:17 property line that is adjacent, because as we saw on
21:25:21 the site plan that southern property line then jags
21:25:23 back up to the north and is adjacent to another
21:25:26 property.
21:25:26 This will be just for that portion that is along
21:25:29 4th Avenue.
21:25:33 Lastly, there was a note that the ramp to the parking
21:25:36 garage may be unenclosed, there must be screens to
21:25:40 resemble the facade of the building which is what
21:25:42 Mr. Bentley had articulated earlier in his
21:25:45 presentation.
21:25:45 Now before you council at your discretion, you have in

21:25:51 relationship to this case, the site plan, and that
21:25:55 revision sheet that was submitted by Ms. Fenger that
21:25:58 had the removal of waiver number 2, that the
21:26:01 petitioner needed to provide square footages and the
21:26:05 mitigation note related to transportation, and then
21:26:08 these notes as presented by staff, and the last thing
21:26:12 would be the change-out of the elevations as part of
21:26:15 the change.
21:26:19 >>THOMAS SCOTT: Questions?
21:26:21 Mr. Bentley?
21:26:23 Would you come and say on the record that you are in
21:26:25 agreement with these changes?
21:26:26 >>MARK BENTLEY: I agree.
21:26:27 I wasn't sure why the elevations would have to be
21:26:30 changed because we just have percentages now.
21:26:32 You know what I'm saying?
21:26:34 So I didn't understand that.
21:26:34 >>ABBYE FEELEY: I'm sorry.
21:26:36 That was for the screenings of the land because the
21:26:39 elevation shows this evening the screening of the ramp
21:26:41 with the arcade, our elevations on record this evening
21:26:44 did not have that, in order to insure the consistency

21:26:47 we are asking that those elevations would become the
21:26:49 elevations of record.
21:26:52 That land with the PD site plan for mass and scale as
21:26:56 required in a site plan controlled district.
21:26:59 >>THOMAS SCOTT: Okay.
21:27:00 Are you clear?
21:27:01 >>MARK BENTLEY: I think so.
21:27:03 >>THOMAS SCOTT: Councilwoman.
21:27:04 >>MARY MULHERN: Abbye, could we add that to the last
21:27:08 note that had to do with screening?
21:27:10 >>ABBYE FEELEY: Sure.
21:27:13 >>MARY MULHERN: Not the elevation.
21:27:15 To include elevation at second reading.
21:27:22 >>ABBYE FEELEY: On the record as far as the
21:27:24 transcripts and certification that that would be okay.
21:27:29 When you make your motion, yes, if you would include
21:27:31 that, please.
21:27:32 Thank you.
21:27:35 >>THOMAS SCOTT: Motion to close?
21:27:37 >>GWEN MILLER: So moved.
21:27:38 >> Second.
21:27:39 (Motion carried).

21:27:44 >>THOMAS SCOTT: Who wants to read it?
21:27:47 Councilman Caetano.
21:27:56 >> An ordinance rezoning property in the general
21:27:57 vicinity of 1315 east 5th Avenue in the city of
21:28:00 Tampa, Florida and more particularly described in
21:28:02 section 1 of zoning district classifications YC-9 Ybor
21:28:06 City, mixed use, residential, professional office,
21:28:11 retail, to YC-9, Ybor City, mixed use, multifamily,
21:28:16 residential, professional office, row tail, and hotel,
21:28:20 providing an effective date, and added the notes that
21:28:25 we were all given down at the bottom where it says the
21:28:30 ramp at the parking garage may be unenclosed but must
21:28:33 be screened to resemble the facade of the building.
21:28:39 Then we have some more notes here dated February
21:28:43 26th, Land Development Coordination, please remove
21:28:48 waiver number 2, Land Development Coordination, tree
21:28:50 and landscape specialists, and some words, then
21:28:54 transportation, note to be added the site plan, pay
21:28:58 $15,669?
21:29:02 Okay.
21:29:05 >>THOMAS SCOTT: It's been moved and seconded.
21:29:07 All in favor signify by saying Aye.

21:29:09 Opposes?
21:29:09 >>THE CLERK: Motion carried.
21:29:12 Second reading and adoption will be on March 19th
21:29:15 at 9:30 a.m.
21:29:16 Motion carried unanimously.
21:29:20 >>THOMAS SCOTT: Thank you.
21:29:25 Item 9.
21:29:28 9 and 10.
21:29:37 >>MARTIN SHELBY: If we could take them separately.
21:29:41 >>JAMES COOK: Land Development Coordination.
21:29:42 I have been sworn.
21:29:44 I requested 9 and 10 be heard together.
21:29:46 They go together.
21:29:47 >>MARTIN SHELBY: Council, I'm concerned about that
21:29:49 considering litigation where we mix before council.
21:29:55 I suggest we take one at a time.
21:29:57 Obviously the facts will overlap.
21:29:58 But in terms of making decisions and hearing them
21:30:01 together, I don't want to confuse it before council.
21:30:06 >>JAMES COOK: Petitioner requested to vacate portions
21:30:12 of 8th Avenue and 60th street lying north of
21:30:15 CSX railroad south of 10th Avenue, east of 57th

21:30:17 Street, west of 62nd street.
21:30:22 As you can see from the Elmo, petitioner property is
21:30:23 highlighted in red.
21:30:24 CSX railroad.
21:30:27 They are requesting 60th street which bisects the
21:30:32 property on both sides and a portion of 8th
21:30:34 Avenue.
21:30:34 This is a shot of 8th Avenue looking west at the
21:30:37 intersection of 8th.
21:30:43 The shot at 60th street looking south from 8th
21:30:47 Avenue.
21:30:47 Petitioner's property.
21:30:49 You are looking at the wall now.
21:30:50 This is a shot of 60th street looking back north
21:30:53 from 8th Avenue.
21:30:56 It dead-ends into petitioner's property.
21:31:00 A shot of petitioner's property looking south, 8th
21:31:03 Avenue.
21:31:04 And here is the right-of-way showing the street grid
21:31:09 in that area.
21:31:10 You can see all the cross hatched rights-of-way to
21:31:13 vacate 92, a portion of 8th Avenue, the north 25

21:31:17 feet, I believe 1987.
21:31:21 Petitioner's property is on the bottom.
21:31:24 Requesting this portion of 60th and south portion
21:31:27 of 8th Avenue.
21:31:29 Both of these rights-of-way are unimproved.
21:31:31 The north half, vacate 1987.
21:31:36 North rights-of-way are dead-end rights-of-way.
21:31:39 Those rights-of-way are being encroached upon.
21:31:42 8th Avenue has a wall and fence and portion of
21:31:44 60th street as a building and fence.
21:31:47 Both rights-of-way are city-owned property and no
21:31:50 facilities with exception of TECO exist in these
21:31:52 rights-of-way.
21:31:53 Staff has no objections as long as the TECO easement
21:31:56 is reserved over both 8th and 60th and
21:31:59 petitioner enters into a purchase agreement with the
21:32:03 Tampa real estate office.
21:32:04 >>MARY MULHERN: I just had a quick question.
21:32:06 8th Avenue on the west, what is that dead-ending
21:32:11 into?
21:32:12 >>> That's a dead-end into -- this portion of 8th
21:32:19 Avenue on the north side is already vacated in 1987.

21:32:22 >> I understand that, but right there.
21:32:23 >>> That's an industrial, bigger area over here.
21:32:27 Let's see what it looks like.
21:32:29 That would be right here.
21:32:39 Maybe someone in zoning would know.
21:32:41 >>MARY MULHERN: 8th Avenue was never part of that
21:32:44 grid, it looked like.
21:32:51 >>> The portion of 60th is paved but a building
21:32:59 bisects the roadway.
21:33:00 It been there probably since the '50s.
21:33:09 >>JIM SHIMBERG: Holland and Knight representing
21:33:10 Commercial Metal.
21:33:17 >>THOMAS SCOTT: Does anybody here from the public want
21:33:19 to address?
21:33:20 Moved and seconded.
21:33:21 All in favor signify by saying Aye.
21:33:23 Motion?
21:33:36 >>> (Off microphone) Abandoning a right-of-way lying
21:33:38 south of 10th Avenue, north of CSX railroad, east of
21:33:41 59th street and west of 62nd street in Scally's ACI
21:33:49 subdivision located in the City of Tampa, Hillsborough
21:33:51 County, Florida, the same being more fully described

21:33:55 in section 2 hereof, providing an effective date.
21:33:59 >>THOMAS SCOTT: Seconded by councilman Miranda.
21:34:01 All in favor signify by saying Aye.
21:34:03 Opposed same sign.
21:34:04 >>THE CLERK: Motion carried with Miller being absent
21:34:09 at vote.
21:34:09 Second reading and adoption will be on March 19th
21:34:12 at 9:30 a.m.
21:34:13 >>THOMAS SCOTT: Item 10 is a continued public hearing.
21:34:17 Already open.
21:34:19 >>> This is the same property we just talked about,
21:34:22 now that it's been vacated we are going to rezone it
21:34:25 from IG to IH.
21:34:26 I think you all are familiar with this.
21:34:28 You did a comp plan amendment on it recently, to
21:34:31 change the underlying land use from IH.
21:34:49 This request is from IG to IH for property located at
21:34:57 5909 east 8th Avenue.
21:34:59 Euclidean request IH requires minimum lot size of
21:35:01 5,000 square feet, a minimum lot width of 50 and
21:35:04 minimum front setback of 10, the remaining setbacks
21:35:08 are zero with a corner at 10.

21:35:11 The rezoning parcel is 7.4 acres with 176.27 feet of
21:35:16 frontage and 1,291 feet of depth.
21:35:19 No waivers may be requested.
21:35:21 Staff found this consistent.
21:35:28 >>> Planning Commission staff finds consistent with
21:35:44 the proposed rezoning.
21:35:50 >>THOMAS SCOTT: Your name for the record?
21:35:51 >>JIM SHIMBERG: Holland and Knight.
21:35:55 >>THOMAS SCOTT: Anyone here on the petition?
21:35:57 >> Move to close.
21:35:59 >> Second.
21:36:00 (Motion carried)
21:36:10 >>CHARLIE MIRANDA: Move an ordinance rezoning property
21:36:11 in the general vicinity ever 5909-8th Avenue City
21:36:16 of Tampa from zoning district classification IG
21:36:20 industrial general to IH, industrial heavy, providing
21:36:22 an effective date.
21:36:27 >>THOMAS SCOTT: Moved and seconded by Councilwoman
21:36:30 Mulhern.
21:36:31 All in favor signify by saying Aye.
21:36:33 Opposes?

21:36:34 >>THE CLERK: Motion carried with Miller being absent
21:36:37 at vote.
21:36:38 Second reading and adoption will be on March 19th
21:36:40 at 9:30 a.m
21:37:06 >>THOMAS SCOTT: Councilman Dingfelder?
21:37:08 >>JOHN DINGFELDER: Mr. Shelby asked me to clarify this
21:37:11 motion addition to Brad Baird making regular
21:37:15 reports to us the intent of the motion, and I want to
21:37:17 amend it right now, is that he would come at our
21:37:19 regular meetings every other week, not every week.
21:37:24 Thanks for the clarification.
21:37:25 >>MARTIN SHELBY: The other question that I asked is,
21:37:27 it says to appear, but then later on in the motion it
21:37:30 says can provide written or pictorial or in person.
21:37:34 >>JOHN DINGFELDER: The intent is he appear in person.
21:37:38 I already talked to Mr. Baird.
21:37:42 He's going to do it from now until we get through with
21:37:44 this drought.
21:37:45 It's good public relations that he get up there and
21:37:48 tell us what our water situation is, and show us some
21:37:50 pictures and talk to people about how they can
21:37:53 conserve, and we'll do that every other week during

21:37:56 our staff reports for two or three minutes.
21:37:58 >>MARTIN SHELBY: The intent of the motion is that it
21:38:02 be every meeting.
21:38:04 >>JOHN DINGFELDER: That's right.
21:38:05 I do need to make that as a motion to amend?
21:38:08 I move to amend.
21:38:10 >>THOMAS SCOTT: It's been moved and seconded.
21:38:12 All in favor signify by saying Aye.
21:38:15 Opposes?
21:38:16 >>THE CLERK: Who is the second on that motion?
21:38:20 >>LINDA SAUL-SENA: I am.
21:38:21 >> Our neighborhood activist Margaret Vizzi a little
21:38:25 under the weather.
21:38:26 We wish her well and send a shout out to her and come
21:38:29 back and join us as soon as possible.
21:38:34 >>THOMAS SCOTT: Anything else need to come before
21:38:35 council?
21:38:37 Motion to receive and file.
21:38:38 >>LINDA SAUL-SENA: So moved.
21:38:40 >>JOHN DINGFELDER: Second.
21:38:40 (Motion carried)

21:38:42 >>THOMAS SCOTT: Anything else?
21:38:45 To come before us?
21:38:46 Then we stand adjourned.
21:38:47 Thank you.
21:38:48 (Meeting adjourned)

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