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Tampa City Council
Thursday, May 14, 2009
6:00 p.m. session

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(Tampa City Council meeting called to order at 6:06
p.m. by Chairman Thomas Scott)
[Sounding gavel]
>>THOMAS SCOTT: Tampa City Council will now come to
order.
We'll have roll call.
>>GWEN MILLER: Here.
>>CHARLIE MIRANDA: Here.
>>MARY MULHERN: Here.

>>THOMAS SCOTT: Here.
Council, I have to leave early so I want to submit
this into the record.
I think most of you got a copy of this.
I have to leave by seven tonight.
>> I hope there's another council member or the
meeting ends when you leave.
>>THOMAS SCOTT: Also we have a couple of items that we
need to address tonight.
Mr. Shelby, you want to review that?
>>MARTIN SHELBY: There's been a request from Land
Development Coordination to remove two evening
sessions from council's calendar.
That is a request to remove September 10th evening
meeting and October 8th evening meeting and only
leaves one evening meeting for rezonings in September
and October. If that could be done by motion.
>>GWEN MILLER: So moved.
>>CHARLIE MIRANDA: Second.
(Motion carried).
>>THOMAS SCOTT: So moved.
If those addressing council tonight --

>>GWEN MILLER: Need to clear the agenda first.
>>LaCHONE DOCK: Land Development Coordination.
I would like to go over the items on the agenda.
Item number 2, there is a letter from Lauralee Westine
agent for the petitioner requesting a continuance of
said public hearing to June 18th, 2009 at 6 p.m.
>>GWEN MILLER: Move to open the public hearing.
>> Second.
(Motion carried).
>>GWEN MILLER: Move to continue to June 18th, 2009
at 6 o'clock p.m.
>>GWEN MILLER: Does anyone wish to address council?
This is item 2, been requested to continue to June
18th.
Anyone on council to address this continuance?
Item number 2, please.
It's been moved and seconded.
All in favor signify by saying Aye.
Opposes?
Okay.
>>LaCHONE DOCK: All the other items will be heard
tonight.

Thank you.
[6:09 p.m.]
>>THOMAS SCOTT: Those who wish to address council,
please stand and be sworn.
If you are going to be addressing council, stand and
be sworn.
(Oath administered by Clerk)
>>MARTIN SHELBY: Mr. Chairman, there have been
available for public inspection at City Council's
office items to be received.
We need a motion please.
>>GWEN MILLER: So moved.
>> Second.
(Motion carried).
[6:09 p.m.]
>>CHARLIE MIRANDA: Move to open item number 1.
>> Second.
(Motion carried)
>>LaCHONE DOCK: Land Development Coordination.
And I have been sworn.
The first item on tonight's agenda is petition Z 09-14
for the property located at 2711 west Columbus drive.

The request with is to rezone the property from RS-50
residential single-family to PD to allow for a variety
of commercial uses on-site.
The site contains 9,400 square feet and is surrounded
by mix of residential uses to the north, east and
south, and commercial uses to the west.
The site contains an existing 1840 square foot,
one-story residential structure which will remain.
The existing detached carport and accessory structure
will be removed.
The plan proposes the option of the following uses.
1,553 square feet of business professional or medical
office.
Pharmacy or retail or personal services.
In addition to the proposed conversion to commercial
the petitioner seeks the option to retain the existing
residential use and the existing structure.
The site plan setbacks are as follows: To the west 25
feet, north 29.37 feet, south 21 feet and east 26.4
feet.
The existing building height is 20 feet.
The required parking is based upon the most intense

use, which requires nine spaces and nine parking
spaces will be provided.
We have the zoning atlas.
The local area.
This is the site located here in green along Columbus
drive.
Just as a point of reference Armenia is located east
of the site.
Habana to the west.
RS-50 zoning to the north.
And the south with commercial zoning along Columbus.
Just west of the site is a PD.
That is for commercial use for jewelry repair and
specialty goods.
Then there's a PD just east of the site on the corner
for office use.
And this is the aerial of the site.
This is the site located on Columbus.
And that's another view of the site, the west side of
the site.
This is north of the site on Kathleen.
South of the site.

South of the site on Columbus.
Another view to the south.
This is west of the site.
North of the site on Kathleen.
That's the view looking west on Columbus.
And this is east of the site.
On Columbus.
The development review committee has reviewed the
petition and found it inconsistent with the applicable
City of Tampa regulations.
However if the applicant revises the site plan with
the required notes stated in the between first and
second reading the DRC will amend its determination
and find the petition consistent.
There were a couple of inconsistencies that I wanted
to go over on the report.
In addition to the plan.
Waiver number 2 we are requesting to be added to the
site plan.
I did hand out, council, a sheet entitled 09-site plan
revision sheet, and these are the requested changes we
are requesting between first and second reading.

On page 2 of the staff report, transportation's
finding of inconsistencies regarding the ADA space.
Code does require a 26-foot aisle width and we are
requesting that petitioner adjust that ADA space east
10 feet to provide that required distance.
Also, transportation is requesting that they add the
words "will be removed" to a couple of notations on
the site plan which references three-foot existing
sidewalks.
That concludes staff presentation.
I'm available if you have any questions.
>>THOMAS SCOTT: Councilwoman Mulhern.
>>MARY MULHERN: Yes, thank you.
This is a brand new staff report?
>>LaCHONE DOCK: Yes.
>>MARY MULHERN: And two things you just mentioned, are
those the only two things that have changed?
>>LaCHONE DOCK: It was the waiver on page 3 of the
staff report.
That first bullet was added on to the revised report,
also under findings of fact.
>>MARY MULHERN: Wait, where is the waiver that it's

changing?
>>LaCHONE DOCK: It's on page one.
I'm sorry.
>>MARY MULHERN: The second waiver?
Okay.
Okay.
Page 2, the site plan setback, at the top, is that
what's changing?
>>LaCHONE DOCK: No, that remains the same.
It was the staff's comment, the transportation
comments for inconsistency that I had to adjust.
>>MARY MULHERN: That's page 3?
>>LaCHONE DOCK: No, on page 2, the last comment from
transportation regarding the ADA space.
>> So that's added now to this site plan?
>>> We are requesting that the ADA space be adjusted
by second reading.
>>MARY MULHERN: Okay.
And then is that it?
>>LaCHONE DOCK: On page 3 under findings of fact,
under number 1.
>>MARY MULHERN: Oh, it's listed on here.

>>LaCHONE DOCK: The petitioner is proposing ecostone
for the pervious paving.
>> Now we don't usually get a new staff report, do we,
right at the meeting?
>> Sometimes we do.
>> It depends on the number of revisions we have.
I also had to correct the square footage within the
description of the property so I just wanted to print
another report so you would have all the corrections
listed.
>>MARY MULHERN: Okay.
Any other questions?
Councilman Dingfelder?
>>JOHN DINGFELDER: The photos, that's not the subject
property, that's next door or something?
>>LaCHONE DOCK: Correct.
>>JOHN DINGFELDER: Can you put the subject one back?
And is that an empty lot next door or is that a
street?
>>LaCHONE DOCK: West of the site?
This is Columbus.
And this is the front.

To the west, there is that little dirt area that's
vacant.
Then there was a house, in the last picture, that's to
the east.
>> So that's a vacant lot immediately next door?
>> Yes.
Tough house going west.
This is the west side of the driveway and going
further west is the vacant lot.
>> That's your car?
[ Laughter ]
Okay, I got the picture.
Thank you.
>>> This area here is directly west and is vacant.
>>THOMAS SCOTT: Any questions of the Planning
Commission?
Mr. Garcia?
>>TONY GARCIA: I'm afraid to come up here.
I don't know what's coming.
Tony Garcia, Planning Commission staff.
I have been sworn.
Good evening, members of council, chairman.

Have no fear, Mr. Dingfelder.
Basically, this is as deep into West Tampa as you want
to get, as far as the site north of Columbus drive,
this is known as the John D. subdivision, kind of like
the badge of old West Tampa proper by going to south
of Columbus drive.
Here's Habana.
Here's Columbus drive.
Here are land use categories, residential 20 to the
south.
Heavy commercial 24 on the southern face of Columbus
drive.
East of Tampania. Community mixed use 35.
This is residential 10.
This is Capaz park, which served the community for 60,
70 years probably.
A lot of neighbors have commercial uses on this
corner, they have been in existence for a long period
of time.
There's some heavy commercial uses, a tire business, a
sod company.
Mr. Dingfelder, for you Snack City is down here on the

corner of Armenia and Columbus drive.
Ho-ho's is located on the southwest corner.
>> And on Columbus.
>> Only on this segment.
Anyway, continuing, what's interesting on this
particular site to the south, right over here at this
segment, still kind of residential, there are actually
existing residential uses.
Heavy commercial land use designation.
Event lip we see a transition probably, probably to
what degree will be predicated, you can see this
slowly evolving into an office district.
This particular piece in question, this was adopted or
approved by this council three years ago for a
professional office use.
Just a single-family residential home.
>>CHARLIE MIRANDA: Dog kennels.
>>> That was actually over here.
>> That was a tire shop over there.
>>> On the east side.
>> We'll debate that later.
>>> That's where the kennel was at.

I remember where the kennel was at.
But, anyway, there's CG Guss here.
This is PD.
The lot that Ms. Dock showed you when you pointed to
the picture, Mr. Dingfelder, there's a PD to the west
of that so you do have transition, this CMU 35 piece
up hear for professional office use which is the great
majority of the requested uses that the applicant is
providing, is requesting for you this evening.
You do have a sidewalk there on the northern face.
On the southern face you do have a light and an
intersection.
You do have a collector road, arterial lane.
Planning Commission staff found the proposed staff
consistent with the comprehensive plan.
>>THOMAS SCOTT: Councilman Dingfelder.
>>JOHN DINGFELDER: Attorney or both, I see they are
calling for a six foot opaque which is a white PVC
fence.
It's calling for that, surrounding the entire property
on the three sides.
Is that a common fence for the neighborhood?

Because it has some other residential on one side and
on the backside, that's the alley.
But then if that's residential, as compared to --
>>> Well, the piece in the corner, for example, that
you approved a couple of years ago actually has a
wooden fence in the back, wooden privacy fence, that
particular piece does have a wooden privacy fence
because there's -- it's an alley but it's not a
functional alley to the rear so basically you have --
you know how people are going to take three feet in
many cases which is a pretty common thing that happens
in West Tampa. Anyway, you have a wooden privacy
fence I know on that corner.
So that would be, I would guess, the continuity as far
as any kind of buffering from the residential to the
north on Kathleen.
>> And what I worry a little bit, and I'll hear from
petitioner as well, I know cinderblock probably costs
more money.
I'm sure it costs more money to build a six foot block
cinderblock wall as opposed to a six foot PVC vinyl
fence.

Way worry about is longevity.
Because if we are trying to buffer -- this use calls
for potentially clinic, pharmacy, office, retail,
whatever, especially pharmacy.
And that could become a pretty busy little circular
fence.
You bump into a PVC fence like that, it's coming down.
I've seen that happen before.
>>> It's angled parking.
These types of uses are not really commercial
intensive uses.
Fountain was a CG use then I could understand of
wanting to put a cinderblock fence but it's going to
be a professional office use.
Most of the requirements that we have seen
historically that this council has approved has been
for PVC vinyl.
>>JOHN DINGFELDER: It does call for pharmacy.
At least that's what it says.
>>> I don't think that would be viable.
Professional office, yes.
You might ask that that be taken off the range of uses

and ask the applicant about that.
>>JOHN DINGFELDER: Thank you, Mr. Chairman.
>>THOMAS SCOTT: Any other questions?
Petitioner?
Petitioner?
>>> Good evening, City Council.
Ladies and gentlemen.
Thank you for taking the time to consider this
rezoning.
My name is Allen Fernandez.
I'm representing my daughter Lisa Fernandez who owns
and lives in the house.
We want rezoned from RS-50 to PD.
You have seen the picture.
But the house is located on Columbus Drive between
Habana and Tampania.
My father and I built that home back in the 1950s,
and it's been in the family ever since.
My daughter is living there now with her two sons.
The young one is only nine months old.
So with heavy traffic day and night and with Columbus
drive heavily commercial on it, it's time to make the

house available with various options available.
The options are summarized on this table.
And they include professional office, business office,
medical office, pharmacy, retail, combination medical
and pharmacy, combination clinic and pharmacy,
personal services, retail, and single-family.
With the proposed nine spaces, including one
handicapped stall, and four compact stalls, we meet or
exceed the City of Tampa parking requirements for the
various uses.
I have a copy of the proposed site plan.
I don't know if you want to go into it.
If not I'm pretty much done.
As far as fences, most of the fences in the area are
chain link fences.
In fact around this property, it's chain link.
The one behind the chain link and the fence, it's
going to be protected because the parking stalls are
going to have wheel stops, so you can't run into the
fence.
And on the side, you are at least five feet away from
the edge of the road.

So you are not going to hit it.
>>JOHN DINGFELDER: Sometimes when those things get
bumped they just seem to fall apart.
>>> This is supposed to be have a lifetime guarantee.
And another reason why I wanted to use the vinyl fence
not only because of the house but in the back I can
just barely get my parking spots in there with the
required 11 feet driveway to back up into it.
So that was the other reason why I wanted to stay with
the vinyl fence.
Any other questions?
Thank you.
>>THOMAS SCOTT: Anyone here wishing to address council
on this petition?
Anyone here wishing to address?
You may be seated, sir.
Anyone here wishing to address council on this
petition?
Anyone opposed to this petition?
>>GWEN MILLER: Move to close.
>>CHARLIE MIRANDA: Second.
(Motion carried).

>>THOMAS SCOTT: Pleasure of council?
Ms. Miller?
>>GWEN MILLER: I move an ordinance rezoning property
in the general vicinity of 2711 west Columbus drive in
the city of Tampa, Florida and more particularly
described in section 1 from zoning district
classifications RS-50 residential single-family to PD
planned development, business, professional/medical
office, clinic, pharmacy, retail or personal service
uses, providing an effective date.
>>THOMAS SCOTT: These include the changes?
>>GWEN MILLER: The site plan to include that.
>>THOMAS SCOTT: Right.
Okay.
Moved and seconded.
All in favor signify by saying Aye.
Opposes.
>>THE CLERK: Motion carried with Saul-Sena being
absent.
Second reading and adoption will be on June 4th at
9:30 a.m.
[6:28 p.m.]

>>THOMAS SCOTT: Item number 3.
>>GWEN MILLER: Move to open.
>>CHARLIE MIRANDA: Second.
(Motion carried)
[6:28 p.m.]
>>LaCHONE DOCK: Land Development Coordination and I
have been sworn.
The next item on tonight's agenda is petition Z 09-15
for the property located at 311 and 313 South MacDill
Avenue.
The request is to rezone the property from RS-60
residential single-family to PD to construct a
two-story, 4074 square foot structure containing
medical, business and professional office.
The property contains 15,525 square feet.
The site contains two existing residential structures
which will be removed.
The plan proposes 2037 square feet of medical office
located on the ground floor and 2037 square feet of
business professional office on the second floor.
The surrounding uses are as follows: North, south,
and east commercial, and west commercial and

residential.
The PD setbacks are as follows.
North 47 feet, east 11.9 fate, west 65 feet, and south
30 feet.
A total of 20 parking spaces are required and 20
parking spaces are provided.
And I have a zoning at lath lass of the local area.
This is the site located in green on the corner with
Azeele, south.
As you can see, there are various PD zonings north of
the site for medical office, and office uses.
With CG zoning running along MacDill.
This is an aerial of the site.
This is the site on MacDill.
And this is the south side of the site on Azeele.
This is west of the site.
And that's on Azeele.
This is west of the site on Woodlawn Avenue.
This is north of the site.
Northeast of the site.
East of the site.
And southeast of the site.

The development review committee has reviewed the
petition and found it inconsistent with applicable
City of Tampa land development regulations.
However, if the applicant revises the site plan with
the required notes and site plan revisions stated in
the report between the first and second reading the
DRC will amend the finding and find the petition
consistent.
On the staff report, I wanted to point out there were
a couple of inconsistencies that were found.
I did hand out a sheet entitled Z 09-15 site plan
revision sheet has been provided to the petitioner and
these are changes that we are requesting to be made
between first and second reading.
Under page 2 of the staff report transportation
finding of inconsistency is regarding placement of the
bumpers.
They are required space by code is two feet from the
bumper and it just requires a minor adjustment to meet
that requirement and the petitioner agrees to do that.
Stormwater's inconsistency is regarding adding notes
to the site plan under the landscape specialists,

their inconsistency is regarding a protective radius
which applies to the off-site trees.
There are trees located along the west of the property
line.
The petitioner has agreed to place a note on the site
plan committing to use a pier and lintel system.
The last bullet which is on your site plan revision
sheet was not included in the staff report, which I
wanted to mention, and that was the request to correct
the tree table.
The calculations were listed incorrectly, should be
based on one tree for 40 linear feet of right-of-way.
Instead of zero feet per linear.
And they have agreed to do that, the petitioner has.
And that concludes staff's presentation. I'm
available if you have any questions.
>>THOMAS SCOTT: Any questions?
>>JOHN DINGFELDER: Yes, ma'am.
Thank you, Mr. Chairman.
I'm always curious about this and I'm sure it's part
of our code or perhaps a national code.
It says at the bottom of your report on the first

page, total of 20 parking spaces required, 20 parking
spaces are being provided to include one ADA space.
Half the build, the bottom floor, I guess it's the
bottom floor, is 2037 square feet of medical.
I'm just wondering why we don't require more ADA
spaces for medical uses.
Got any transportation folks here to defer to on that
one?
>>> Lenroy Martin, transportation.
It's a nationally recognized code, one ADA space for
every ten parking spaces.
>>JOHN DINGFELDER: Even for medical?
>>> Even for medical.
All uses.
>> I'm wondering the next time we look at the code if
we shouldn't explore that a little bit, you know,
maybe talk to folks in the community, maybe the
handicapped community, that sort of thing, because it
just seems to me you have got medical, you have got so
many seniors in this community, and maybe at the
national standard if that, maybe the Florida standard
or the Tampa standard might be something different.

Will you all look at that?
>>> Yes.
>>JOSEPH P. CAETANO: Before you leave, is there an
elevator in this building?
>> I think there would have to be.
>>JOSEPH P. CAETANO: Well, if it's a medical upstairs
it has to have an elevator.
>>JOHN DINGFELDER: Well, it's an office upstairs.
>>JOSEPH P. CAETANO: It does have?
There's no dumpsters.
It's going to be curbside service?
>>> Yes, sir, they are going to have carts for
dumpster.
>> So they are not going to have a dumpster.
>>> Do you see that there?
>>JOSEPH P. CAETANO: Yes, I see that.
>> It's for three refuse carts.
>>TONY GARCIA: Planning Commission staff.
It's great to be following solid waste.
The site is located south of Kennedy at the
intersection of Azeele and MacDill.
For those of you who have been on council for awhile

this is basically the culmination of really filling in
this particular segment of MacDill on this site.
We basically approved this site, this site, this site,
for professional office over the last three to four
years, as you recall.
Basically, two single-family detached homes that
currently exist on the site will basically complete
the office along this particular segment.
As you look on the eastern side, the initial office
uses, two future land use maps.
It extends all the way down to swan, where you are
going to see this professional office and neighborhood
commercial type of serving uses from Kennedy all the
way down.
There is also a professional office use that abuts the
site to the west and you have single-family
residential along this particular street.
What's really nice about this site is the amount of
space, the amount of physical buffering between the
edge of the building, the western most part of the
building, to the actual 6-foot masonry wall that's
existing on the site, very good buffer between this

even though there's a commercial use to the west of
the site and also what's good is the size and scale of
this particular building as relates to the building
north.
Compatibility, contingency and form AP scale.
We found the request consistent with the comprehensive
plan.
>>THOMAS SCOTT: Any questions?
Thank you, Mr. Garcia. Petitioner?
>>> I am Richard Radkey attorney for the petitioner.
We believe that it's an appropriate and compatible use
for the area, on a hard corner, MacDill, and
Azeele.
And there will be an elevator.
We do agree with the conditions, the changes to the
site plan, rather, this Ms. Dock suggested.
I have the engineer Mike Kelly here to answer any
questions if council has any questions for him.
Thank you.
>>THOMAS SCOTT: Anyone here wishing to address council
on this petition?
Anyone here against this?

Anyone against, opposed?
Anyone opposed?
You are in support of it?
Do you want to speak?
Come on down.
You don't have to but you can.
>>> Bruce young, 201 south Woodland Avenue and I have
not been sworn in.
>> Anyone else going to be addressing council has not
been sworn?
(Oath administered by Clerk).
>>> Thank you for the opportunity.
I just want to express my opinion.
>> State your name and address.
>>> Bruce Young, 201 South Woodland Avenue, wanted to
express my opinion to support this project.
As part of the Southern Pines neighborhood, we have
been in front of council a number of times opposing
different projects, but this one I do want to
basically thank the petitioner who I have not met but
I have met his engineer Mr. Kelly.
He was proactive in meeting with the neighborhood, our

residents.
He gave us a call.
We went over all the plans.
It's consistent with the neighborhood.
We think it's a great project for the neighborhood.
I just wanted to say thank you.
>>THOMAS SCOTT: Anyone else?
>>GWEN MILLER: Move to close.
>>CHARLIE MIRANDA: Second.
(Motion carried).
>>THOMAS SCOTT: Councilman Miranda, do you want to
read it?
>>CHARLIE MIRANDA: Move an ordinance rezoning property
in the general vicinity of 311 and 313 South MacDill
Avenue in the city of Tampa, Florida and more
particularly described in section 1 from zoning
district classifications RS-60 residential
single-family to PD, planned development office,
business/professional and medical, providing an
effective date.
And with that goes along the revised site plan that
was so ably handed to us.

>>THOMAS SCOTT: Moved an seconded by councilman
Dingfelder.
All in favor signify by saying Aye.
Opposes.
>>THE CLERK: Motion carried with Saul-Sena being
absent.
Second reading and adoption will be on June 4th at
9:30 a.m.
>>JOHN DINGFELDER: Mr. Chairman, we want to express
our appreciation to the neighborhood.
Thank you for coming down and participating in a
positive way.
>> He always comes down and participants in a positive
way, for or against.
[ Laughter ]
[6:41 p.m.]
>>THOMAS SCOTT: Item number 4.
Continued public hearing.
>>JAMES COOK: Land Development Coordination.
I have been sworn.
This is item number 4, vacating -- C-08-12, zoning
case Z-08-70.

Petitioner is requesting to vacate a portion of an
alley lying north of Virginia Avenue, south of Dr.
Martin Luther King, east-west of clear field Avenue.
East of North Boulevard.
The petitioner's property is highlighted in red.
This is a T-shipped alley from east to run from
Boulevard to Clearfield.
This is Virginia Avenue south.
Dr. Martin Luther King on the north.
There is a north-south segment running from Virginia
dead-ending into the east-west segment.
Petitioner is only requesting the west leg of this
alleyway which will leave an L-shaped alleyway.
The first photo I am going to show you is looking east
from Boulevard.
>> Before you turn, if I could, is it safe to assume
that when you get traveling north, and then you head
to the east, that that's a maneuverable corner?
>> This is the first photo east from Boulevard.
Petitioner owns both sides.
Alley runs here and dead ends into the concrete wall
which is the alleyway.

The second picture in the west side from Clearfield --
>>JOHN DINGFELDER: Where is the wall?
>> It runs along the west side of the north-south
alley segment and goes across.
This is looking west from Clearfield, being encroached
upon, not being used.
This segment is looking north of Virginia looking
north.
A small swale in the alley not being used.
We decided to leave these two segments open.
Dealing with 13 additional owners.
Even if they were to incorporate this, it would be
hard to use this with the swales moving their fences
so we decided to leave the segment alone.
Next couple of photos of petitioner's property.
This is petitioner's site looking from Boulevard and
MLK.
This is petitioner's property looking south from Dr.
Martin Luther King.
This is looking southeast from MLK.
Staff has no objections as long as the wastewater
easement is reserved.

And they meet all conditions as requested by
wastewater.
I would also like to mention that the ordinance, the
prepared ordinance doesn't go into effect until all
conditions have been met.
And that concludes my presentation.
>>MARTIN SHELBY: We didn't open number 5.
Is that the one you are going to be talking about?
Just take them separately, if you will.
I don't believe it's necessary.
>>GWEN MILLER: Are we just going to do 4 now?
>> If we can.
>>GWEN MILLER: Is there anyone that wishes to speak?
>>MARTIN SHELBY: You can ask if there's anyone in
opposition.
>>GWEN MILLER: Is there anyone in the public that
would like to speak on item number 4?
Come up and speak.
>>> Tim Healey, 805 North Howard Avenue, Tampa.
I'm an engineer of record for this project.
I can answer any questions with you on that.
But obviously staff handled that.

We are working with staff.
Hopefully come to a quick resolution.
Everything seems to be moving forward.
Thank you.
Anyone else?
Need to close.
>> Move to close.
>> Second.
(Motion carried).
>>GWEN MILLER: Number 4.
Number 4.
>>MARY MULHERN: I move an ordinance vacating, closing,
discontinuing, abandoning a certain right-of-way
portion of alleyway lying south of Martin Luther King
Jr. Boulevard north of Virginia Avenue east of North
Boulevard and west of Clearfield Avenue in a
subdivision of block 5 west Arlington Heights a
subdivision in the City of Tampa, Hillsborough County
Florida the same being more fully described in section
2 hereof reserving certain easements and conditions
providing an effective date.
>> We have a motion and second.

All in favor of the motion say Aye.
Opposed, Nay.
>>CHARLIE MIRANDA: Move to open --
>>THE CLERK: Motion carried with Saul-Sena and Scott
being absent.
Second reading and adoption will be on June 4th at
9:30 a.m.
[6:47 p.m.]
>>GWEN MILLER: Motion and second to open item number
5.
>> So moved.
>> Second.
(Motion carried)
[6:47 p.m.]
>>LaCHONE DOCK: Land Development Coordination.
And I have been sworn.
I am going to present the rezoning portion of this
petition.
This is petition Z 08-70 for the property located at
3912, 3915 and 3917 North Boulevard, 642 west Dr. MLK
Jr. Boulevard.
The request is to rezone the property from RS-50 and

CG commercial general to PD planned development to
allow for retail and specialty retail uses.
The site contains 43,172 square feet, surrounded by a
mix of commercial uses to the north, west and south,
and commercial and residential uses to the east.
The plan proposes 8,330 square feet of retail and
1,667 square feet of special retail.
The site plans are as follows.
West 76 feet, north 94 feet, south 20 feet, east 10
feet.
The maximum building highlight is 30 feet.
The required parking is 40 spaces and 49 spaces will
be provided.
Approval of this PD is contingent upon approval of the
vacating petition.
And although you have seen pictures of the site I will
show you the zoning atlas of the local area.
And this is the site located on North Boulevard, with
MLK north of the site.
There is RS-50 zoning surrounding the site which are
commercial uses running along MLK.
And RO zoning south of the site and a couple of PDs

for residential office uses.
And this is an aerial of the site.
And this is the site on North Boulevard.
Another view of the site going south.
This is south of the site on North Boulevard.
This is southwest of the site.
This is west of the site.
That's west of the site.
This is located northwest.
And that's north of the site.
This is northeast of the site on MLK.
This is east of the site on Clearfield and another
view east of the site on Clearfield.
The development review committee has reviewed the
petition and finds it inconsistent with City of Tampa
Land Development Code.
However, the applicant revises the site plan with the
required site plan revisions as stated in the report
below between first and second reading the DRC will
amend its determination and find the petition
consistent.
On the staff report I did want to go over the

inconsistencies that were found by staff.
The landscape specialist requesting that off-site
trees are shown on the plan.
I did include, council, a revision sheet entitled Z
08-70 site plan revision sheet, has been provided to
the petitioner, and these other changes requested to
be made between first and second reading.
Also, the landscape specialist has made the comment on
page 2 of the staff report under the second bullet for
landscape specialist, the site is over an acre which
requires that 50% of existing trees be saved.
The waiver that is listed on page 1 of the report,
which is regarding retention of oak trees, petitioner
has agreed to transplant two of the palms that are
on-site, and if they do so, that waiver will be
removed.
And the inconsistency will be removed.
And they have agreed to do so.
Also on page 3 of the report, stormwater's
inconsistency is regarding note on the site plan.
And solid waste inconsistencies regarding the solid
waste enclosure and revisions that are needed on the

plan.
That concludes staff's presentation.
I'm available if you have any questions.
>>GWEN MILLER: Any questions by council members?
>>TONY GARCIA: Planning Commission staff.
I have been sworn.
This is basically located southeastern intersection of
MLK, Dr. MLK Jr. Boulevard, and North Boulevard.
Both of these streets are major arterial roads,
believe it or not, and North Boulevard is classified
as major arterial road as well, Dr. Martin Luther
King.
This is what we called the commercial node.
We have a CVS store over here.
Let me very quickly backtrack and tell you what those
are.
CMU 35 is your predominant land use that you are going
to find north and south base of Dr. MLK.
Then you have residential 10 as one goes farther south
on North Boulevard.
You all are going to be familiar that there are
pockets of professional office on certain segments of

North Boulevard going all the way down Columbus drive.
As far as this particular node and where it's at and
where it transitions in intensity away from there, we
have to take into consideration what type of uses you
need concentrated on this node.
If we look at the aerial, we can see that there are a
variety of general commercial and office uses.
This is a medical office here, a two-story medical
office here.
This is a CVS.
As stated to you this -- Mr. Miranda, you can tell me
how many years this was here.
>>CHARLIE MIRANDA: You're older than I am.
>>> You weren't supposed to make that public.
I thought it was 40 or 50 years.
These sore professional office uses.
Some of these were rezoned for commercial uses.
We have a strip center that's been here for a long
time.
This is a gas station.
This is a cleaner's.
These two were at least, if I recall correctly, a

couple of these were changed for professional office
uses.
So a little piece when you looked at going back to
this, there's a little piece of residential 10 that's
part of the project over here, when you look at the
building, that southernmost piece of it is actually
the residential 10.
I'll put this into my report, okay?
You can't have a neighborhood commercial use.
You can't have a general commercial use.
General commercial is allowed but not in this piece
here.
So the stipulation is whatever is put in this last
piece of square footage, neighborhood commercial use,
you can allow that because it directly interface an
arterial road.
You have to restrict the type of intensity of use
because of its proximity.
There is a residential use to the south.
So there is a distinguishing characteristic.
You can allow it for consideration of commercial
in-fill, because you have more than 50% of this block

face here.
So it zoned commercial.
So it does meet criteria to allow it for commercial
in-fill.
>>JOHN DINGFELDER: (off microphone).
>>TONY GARCIA: I'm sorry?
I do not know as far as on the site plan.
Is it on there?
Okay.
It says special retail.
The other thing would be the orientation of I guess
the dumpster and retention for the site.
Normally, when you have a project like this, and when
you look at what you already have on the other
corners, would you like to see the orientation of the
buildings with the exception, I guess, of what you
have over here.
This is a little further back with parking so
basically the orientation of the, primary orientation
is going to be to North Boulevard.
So it's kind of like a subjective type of thing, where
you like to see the orientation of the building, to

MLK or if you would like to see a different form,
based on the site plan, you can see how the site
functions.
It meets code, so it's basically a matter of personal
taste, if you are okay with the suburban type with the
parking in the front, the building in the back, or if
you want to have a little bit more to the corner at
the apex of a Boulevard and Dr. Martin Luther King.
But basically it does meet code and does meet the
intended plan so Planning Commission staff overall
does find the proposed request consistent with the
comprehensive plan.
>>JOHN DINGFELDER: Tony, you read my mind, and that's
scary.
In terms of the comprehensive plan, I don't think our
code is there yet, but in terms of comprehensive plan,
I thought we were trying to bring buildings forward,
put parking in the rear, new urbanism and all that.
This is more a traditional suburban strip center, as
you mentioned.
I'm sure it's going to be lo lovely but it's still
cars in the front, building in the back.

>>> Well, Mr. Dingfelder, the recommendation was made
to the applicant at the time of the DLC.
They have the right to go ahead and design it
whichever they want according to the code.
The recommendation was to try to make it a little more
urban.
That's all I can really say regarding the site.
>> Well, you say according to code, but it's a PD.
So, you know.
>>> What we would like to have them build and what
they can build by right according to code are two
different things as far as staff is concerned.
They have the right --
>> So the discussion happened.
>>> Yes.
So here we are.
>> Okay, thank you.
>>GWEN MILLER: Petition every?
>> Tim Healey, frontier engineer, 803 North Howard
Avenue with Tim Wilbur.
>> We were sworn in.
>> I just want to recap.

This is going to be a one-story 10,000 square foot
retail center with associate parking, stormwater
management, on-site.
We do have the representative, applicant here, Mario
Rodriguez.
He is also the proposed contractor for the project.
And we do have building elevations by Mario.
If you want to ask specific questions regarding the
building, Mario can step up and answer that.
Also, we have one couple of the adjacent land owners
present here tonight.
We support it.
We feel it's a good project for a number of reasons.
One with, first off, it is consistent with the
immediate area, the immediate intersection.
And the neighborhood around it.
Most of the -- the majority of the establishments
around this intersection in the area, the buildings
are pushed back to the rear, the parking in front.
One of the --
>>CHARLIE MIRANDA: The mike is getting hit.
>> One of the advantages of the building pushed back

to the rear, we feel, is you can have visible
landscaping in front.
That's what the landscape code is for, to see the
landscape.
I think that will be good to see the plants, the
trees, the shrubs that we plant.
Another major ingredient for that, for the building to
be pushed back, is for safety reasons.
You have a history in the area, loitering.
And that happens when you are not visible by the road.
It's hard for law enforcement to see individuals that
might collect behind a building.
And so that's a major aspect of why we put the
building to the rear.
Also, we have presented this to staff.
Apparently, I don't know what the disconnect is, but
we need the building where it sits, because we have
got with the sewer department of the City of Tampa and
this building is positioned as the homeowners
association, some individuals would want, would sit
primarily directly over a sanitary sewer line.
This is not acceptable in any engineering standards.

Therefore, the building has been pushed back to the
rear as we have mentioned.
>> Where is the sanitary sewer line?
It's up on the street?
>>> No.
This was brought to light to the homeowners
association, and staff knows this as well.
>>JOHN DINGFELDER: You can pull that back on the
gadget there, the other way.
>> As you can see, we have to take in a couple service
lines for properties actually to the east.
The existing sanitary sewer main runs, as you can see,
right here, from North Boulevard, right through, right
to where the building would be here.
>>JOHN DINGFELDER: On the easement we just vacated?
>>> Yes.
And we are going to solve that vacation by providing
you easements all around the building.
If the building was pushed up in this vicinity right
here, from here to here, which we have heard that some
individuals want, you couldn't do it.
Their requirements would not allow that shift in the

sewer there. Isn't enough cover by the time you got
back to the main.
So staff, City of Tampa, Charlie lynch, we sat down
with him.
He allowed some minor adjustment in the sewer main to
go around the north side of the building.
And as you can see it just jogs about 20 feet to the
north.
And that's just enough.
>> What if you had just slid the building, not down
MLK but straight toward North Boulevard?
Just swap it out with the parking lot?
>>> Now then again there's another issue that was
presented to the homeowners association and staff.
FDOT would not allow that.
That's not going to meet any kind of corner clearance.
If you shoved it all the way to the front, you would
have no -- entrance at North Boulevard at that point.
It couldn't be done.
In fact the entrance off Dr. Martin Luther King is
where it has to be according to -- we have a letter
from FDOT.

That entrance off FDOT has to be spaced that wide.
And there can be no -- you shove a building from this
position all the way forward to North Boulevard, you
couldn't get out onto North Boulevard because it would
be too close to a DOT road.
>> Couldn't put that in and out on North Boulevard
down in the south corner?
And then just slide your building over a little bit to
accommodate that?
>>> You know, that's another option.
We could shove the building -- it would probably make
the building a little bit smaller.
But that's another option.
We have heard a lot of opinions, you know, from staff,
from homeowners association.
But this is what we are coming up with, in support of
the adjacent neighbors is the big thing I want to
bring up.
Safety.
Consistency with the neighborhood.
We have heard about this new look about shoving the
buildings to the north, or the front and center.

You know, that is a big thing.
Hyde Park, north Tampa.
But he's got some backup.
That's not a majority look that's in this area so
we'll talk about that next.
To finish up some of the line items here, why we did
what we did, getting back, we have supported adjacent
neighbors which are directly affected by this.
We have an agreement and these are neighbors.
They will stand up after we talk.
This wall for the community, some good retail shops
and local employment opportunity, so we are in support
of that.
That's about it.
And the taxpayer property owner, and this is his
dream, he's ready to go with it.
And I support him on his guts in this time.
He wants to move forward in this county, so that's a
big issue here.
So I want to turn it over and I'll show you some
exhibits as Tim talks about compatibility of the
neighborhood and also solid waste issues.

>>JOHN DINGFELDER: Ask you a quick question?
And this is sort of a transition area, I guess.
It's like on the southern edge of Seminole Heights,
the northern edge of river hills or that sort of
thing, right?
>>GWEN MILLER: Not Seminole Heights.
>>JOHN DINGFELDER: But if you go across MLK, don't you
start getting into Seminole Heights?
>>GWEN MILLER: No.
>>JOHN DINGFELDER: Well, anyway, the only thing I'm
thinking about -- and I'm looking at your pictures on
compatibility.
When I think about over a little bit in the old part,
you know, along Florida Avenue and that sort of thing,
the traditional node, if we go back into the war era,
was up on the street, and you can still see remnants
of that, you know, on some of that, along some of
those buildings.
Now, in the post-war era, we got into more of this
look.
But I guess it just depends on the direction that we
want to head in the future.

As compared to just saying we need to keep doing the
same thing we have been doing because that's what we
have been doing.
That's a little bit where I'm coming from.
I don't know if that makes any sense.
>>> We completely understand where you are coming
from.
And we do agree definitely.
The only problem with that is, as you can tell, this
is not an area that's undeveloped, as far as the
neighborhood and the intersection.
That particular intersection, as you can see, is
completely already established.
So we are trying to keep with the consistency of that
intersection as well as directly westward.
As you can tell the majority of the commercial
buildings in that area had the same concept that we
are proposing.
And as Tim mentioned, unfortunately, because of the
hardship, DOT would want a clearance, sewer, we are
maintaining and trying to come up with a concept that
will work.

And then, more importantly, we do have support, full
support of our proposed concept from the neighbors
directly affected by the property as far as location
in the vicinity.
So we do have support from that.
>>JOHN DINGFELDER: They are behind a six-foot
cinderblock wall.
>> And if it wasn't they would be behind cars and
parking lots, people --
>> But a 6-foot cinderblock wall.
I mean, were they given the choice?
Were they asked, which one do you want?
Do you want the building in the back?
>> They are right here.
>>GWEN MILLER: No, no, not yet.
>>JOHN DINGFELDER: They are going to come in a minute.
I didn't know you were here.
>>THOMAS SCOTT: Yes, they were.
And with the conflicts at hand this is pretty much the
viable product.
And as you can tell with the CVS being there, the gas
station, this concept will flow perfect with the

characteristics of that intersection.
As far as this is the undeveloped intersection, then
we would agree.
Let's go with the new concept.
If the codes were in place already, we would meet
those codes.
These are the setbacks of the building.
And we meet them.
>>GWEN MILLER: Any other questions?
We go to the public.
Anyone in the public wants to speak on item number 5,
come up and speak now.
>>> Dorian Hernandez.
And my husband.
>>> We have been sworn in. Been sworn in.
(Oath administered by Clerk).
>> We live at 3920 Clearfield.
We live directly behind Hutto's.
I have been there since 70 when my mother and father
bought that property.
Hutto's was on the other hand by the original Hutto's
and now has gone and changed hands.

Originally that store sat on North Boulevard and it
had a little parking area in the front on Martin
Luther.
I have been in that store when it was Hutto's, and in
the front that store had a card department in the
corner.
I was almost hit by a car that went through that
window one day, putting this building right there on
that corner is not feasible.
I mean, it's a safety hazard for anyone in that
building.
Plus I understand the aesthetic value.
It's beautiful.
But it won't work in this neighborhood.
This neighborhood is not a walking neighborhood.
It's not like it used to be where you could walk
around and feel safe.
You have to walk around before the sun goes down.
I mean, it's not a neighborhood to walk around it.
The other options, the potential for trash
accumulation, if this storefrontage is placed on North
Boulevard the parking lot is going to be behind a

wall.
That wall was initially put up I think by Boker when
the gas station pumps were there.
Before that it was a chain link fence.
During the time that was a parking lot, I can't tell
you how many cars went through that chain link fence,
and through that wall.
We had cars in the yard that went through the wall.
Now they had the parking bumpers.
That didn't stop them.
That's one of the issues I don't like.
The other issue is potential for garbage in our yard.
We already have that.
Don't want it again.
The potential of criminal activity behind that
building.
While Hutto's was still in use, we heard the alarms
going off all the time.
We couldn't get any sleep.
Because it had the big parking lot in the back.
It is a protection, a haven for criminal activity.
I can understand if you are in a different area, if

there's in a neighborhood.
And there's no family.
We have a 97-year-old living with us.
And his safety is an issue with us.
I'm not going to feel safe with him silting out in the
backyard.
The reef from behind the buildings, people can jump
over that wall because they had people -- we have had
people in our yard that have jumped over that wall
before.
And what it will do is just create a bigger hit for
potential criminals.
To me, the idea that Timothy heme Healey has is the
only safe feature, the only thing that we and the
neighbors next to us will accept.
>>GWEN MILLER: Thank you.
>>JOHN DINGFELDER: Very persuasive.
>>> Louis Hernandez.
I live it 3920 north Clearfield Avenue in Tampa.
Okay.
If you look at it as a safety issue, moving the
building to North Boulevard, when you try to get on

North Boulevard you are going to have a blockage of
the view towards Martin Luther King.
So that's going to block your view.
So that area rate there, that's a bad traffic accident
waiting to happen, at North Boulevard and MLK.
Now you are going to make another hazard if you do
that.
Also, I don't know how old you are, but I'm 62 years
old, been around Tampa quite awhile.
Back in the war era, when they were putting things on
the street, that was back then.
Now we are moving forward.
We should do things a little bit different I.don't
want to go back.
I'm sorry.
Don't agree with you.
Also if you want to look at a real good looking area
drive down North Boulevard heading south to Columbus
drive.
There is a building on the left-hand side which will
be -- it will be on the east side -- on the southeast
side.

That's around the street.
Looks great.
Look up at the one on the northwest -- on the
southwest side.
That's A another one that looks great.
Look go look at it.
The king's market, they fenced in the area on Martin
Luther King -- I mean on North Boulevard.
In the back there's a dead zone, which that would be a
dead zone for us, if you put the building on North
Boulevard at night, because people could congregate
there and nobody is going to see you.
There's a corner right there next to King Market.
All there is homeless people drinking beer, all day.
So I don't think it's very safe.
And I don't think it's really going to look good if
you do that the way.
And also my wife says we have had cars through walls
over there, when my mother-in-law owned the house.
So that's totally up to you.
Thank you very much.
>>GWEN MILLER: Would anyone else like to speak?

>>> One more thing.
I'm talking for the neighbors, which is Rosa Jones,
she's working, and there's another lady named Brenda.
I have to get the paperwork right here.
>>JOHN DINGFELDER: We'll take your word for it.
>>> Take my word for it? Thank you very much.
>>> My name is Randolph -- I'm on the Board of
Directors for south Seminole Heights civic
association.
I have been sworn in.
I live at 332 west Wilder Avenue.
And which is right up the road from North Boulevard
less than a quarter mile from the -- we have a
prepared statement.
Gary normally comes to these meetings, wasn't able to
attend today.
Gary else worth.
>>JOHN DINGFELDER: What's your southernmost boarder?
>>> It is MLK.
It is bordered from the river to Florida Avenue.
>> I didn't think I was that off.
>>> No.

And actually, let me say, that brings in a question,
too.
Talking about the characteristics of the intersection,
with the upcoming form based coding.
That is going to change the T landscape eventually,
change the landscape or the characteristics of that
stretch from the river to all the way down, actually.
So I guess it goes back to looking at the past and
looking at the future.
What do we anticipate?
What do we want this to look like?
So this item Z 08-70, the south Seminole Heights
association feels the building plan to be inconsistent
with the vision of future land use in the greater
Seminole Heights community.
Although this is located in the Tampa Heights civic
association neighborhood, it does border Seminole
Heights at Dr. Martin Luther King Boulevard.
As you know, Seminole Heights in conjunction with the
City of Tampa is developing new form based code
standards which will steer future development to
achieve specific form based code -- between building

facades and the public realm, and how they relate to
streets and sidewalks.
While this proposed building would be an asset to the
corner and the neighborhoods, surely, it's suburban in
nature, with the building situated toward the rear of
the parcel.
We have the opportunity to meet with the developer on
two occasions in the spring and winter at Tampa
Heights civic association board meetings to express
our feelings.
We asked both times for consideration to be given to
more urban village look, placing the building to the
right-of-way with parking in the rear.
There's several properties built to the sidewalk in
Seminole Heights contrary to what was mentioned
earlier.
These examples include new construction, buildings
under renovation, and original era buildings.
All these examples are within two-mile radius of the
petitioner's property.
>>JOHN DINGFELDER: This is Florida Avenue, Martin
Luther King right here.

>>CHARLIE MIRANDA: May I ask this gentlemen?
>>GWEN MILLER: Yes, go ahead.
>>CHARLIE MIRANDA: The corner of Martin Luther King
and -- it was a restaurant, it became social services,
that building was just renovated within the last year.
>>> Yes.
>> On the south side of that building, there's been
graffiti written on it not once but twice.
>>> That's right.
It's part of the urban core, I guess you are going to
have that.
>>> North Florida, Columbus, Franklin Street, Tampa
Heights.
>> YMCA.
(Bell sounds).
>>GWEN MILLER: Would anyone else like to speak?
Mr. Miranda?
>>CHARLIE MIRANDA: I'm finished.
>>GWEN MILLER: Petitioner?
Ms. Mulhern?
You can't speak again.
>>JOHN DINGFELDER: One bite of the apple.

>>MARY MULHERN: I just heard a question.
I think it's so hard to read the site plan.
One of you, engineering.
You are putting sidewalks, right?
You are keeping the sidewalks?
>>> Yes.
>>MARY MULHERN: Okay.
That's all I wanted to know.
So maybe you can show me where they are.
And what is colored green is that literally -- that's
the sidewalk, yellow?
>> Yes.
Green is all green space.
They are dry ponds.
>> So the sidewalk, how wide is that sidewalk?
>>> That is five foot wide.
>> And then it's right onto the street from there?
>>> Correct.
>> As you can tell, we do have the pedestrian access
as well to the site.
So we are trying to make this pedestrian friendly if
possible.

>>> That is my only question.
Thank you.
>>GWEN MILLER: Does another person want to speak?
Come on up and speak.
>>MARTIN SHELBY: Were you sworn in?
>>> Yes.
My name is Mario Rodriguez.
3308 south Valrico.
I represent the owner and also the contractor for this
project.
I just want to say that thank you for the opportunity
for me to speak to you on behalf of this project.
One of the things that the owners have conveyed that
could not be here today is the layout of that site is
very limited, and the use of that building, if it was
pushed any other way, it would limit the parking space
needed also for that.
And it may not sound like a lot but it will completely
shoot down that project if that had to happen.
So I'm just conveying what they will bring up as
owners.
So thank you very much.

>>GWEN MILLER: Thank you.
Petitioner, do you have anything else you would like
to be say?
You can't speak again.
Anything else?
>>JOHN DINGFELDER: I have a quick question.
I won't kick this dead horse about building although
I'm not sure I can agree that you lose the parking
spaces because it seems like you have half the
building back, you slide them forward, you still have
the same number of parking spaces.
>>> You are correct.
I did analysis, a quick analysis, the parking was
virtually the same.
For both options.
>>JOHN DINGFELDER: You mentioned about some visuals.
Were you going to share those with us?
>>> Oh, sure, sure.
Here are some elevations that Mario came up with.
And it will have the Hutto's sane.
I think it will be a beautiful building the way the
owner envisions it and the contractor is going to

build it.
Thank you.
>>GWEN MILLER: Thank you.
We need to close the public hearing.
>>CHARLIE MIRANDA: So moved.
>> Second.
>>GWEN MILLER: We have a motion and second to close.
All in favor of the motion say Aye.
Opposed, Nay.
Mr. Miranda, do you want to read that?
Okay, Mr.
>>CHARLIE MIRANDA: Move an ordinance in the general
vicinity of 3912, 3915, 3917 North Boulevard and 642
west Dr. Martin Luther King --
>>JOHN DINGFELDER: I'm sorry, I want to make sure the
exhibit has the zoning number on it.
So if you want to scribble that on there.
I'm sorry, Mr. Miranda.
>>CHARLIE MIRANDA: No problem.
Let me start over so there will be no mistake.
No problem.
Move an ordinance rezoning property in the general

vicinity of 3912, 3915, 3917 North Boulevard and 642
west Dr. Martin Luther King Jr. Boulevard in the city
of Tampa, Florida and more particularly described in
section 1 from zoning district classification RS-50
residential single-family and CG commercial general to
PD planned development, retail sales, shopper's goods
and specialty goods, providing an effective date.
And that goes along with the other specification that
were turned in to us regarding -- Z 08-70 site
revision sheet.
>>GWEN MILLER: We have a motion and second.
>>JOHN DINGFELDER: Question on the motion.
>>GWEN MILLER: Question on the motion?
>>JOHN DINGFELDER: Yes.
I'm very torn on this, because I think our community,
we are an urban community, and I think we need to
change and go back to that pre-war look for numerous
reasons that I won't get into tonight, but, you know,
I think that community, as you indicated, ma'am, was a
walkable community at one point.
I'm sure when you were growing up it was more like
that.

And I think it could become that way -- it could
become that way again and that's the dream of your
neighbors in Seminole Heights.
Now, with that said, you were very persuasive.
You were persuasive enough to change my mind, because
in order for us to get back to this older look, we
have to have community buy-in.
We have to be able to convince you and your neighbors
all the good reasons why we need to pull these
buildings forward and let the parking be to the back.
We need to get away from our sort of Carmen tattle an
put the cars in the rear instead of always having to
look at the cars.
But I don't believe you or your community is there
yet, and that's our fault that weep haven't been able
to educate and convince you to the benefits of that.
So with that said I'll support the motion, and we'll
build that the way.
>>GWEN MILLER: All in favor of the motion say Aye.
Opposed, Nay.
>>THE CLERK: Motion carried with Saul-Sena and Scott
being absent.

Second reading and adoption will be on June 4th at
9:30 a.m.
[7:27 p.m.]
>> Item 6 is a continued public hearing.
>>LaCHONE DOCK: Land Development Coordination.
And I have been sworn.
Council, this is petition number Z 09-3013.
This was last presented April 30th at the council
hearing.
And the petitioner was not present at that time.
I believe I had done my presentation.
Planning Commission had not had a change to do their
presentation.
If you like I would be happy to go over the plans.
>>GWEN MILLER: Is petitioner here taint?
>>LaCHONE DOCK: The petitioner is here.
He is here.
>>GWEN MILLER: All right.
Planning Commission.
>>TONY GARCIA: Planning Commission staff.
I have been sworn.
>>JOHN DINGFELDER: Did you all hand out the things for

this?
>>TONY GARCIA: Do you want the transparent?
>>LaCHONE DOCK: I apologize.
This is the rezoning from RS-50 to RM-18 residential
multifamily.
It is a Euclidean zoning.
There was no site plan submitted with this.
>>JOHN DINGFELDER: I was just looking for the
locational.
You want us to just rely --
>>GWEN MILLER: He's going to show you all of that.
>> If Tony wants to shows, that's fine.
>>> Two appraise dominant land use classifications.
It's located in fairly close proximity to the
university area, SEWAHA, Busch Boulevard to the north,
basically Nebraska about a half mail to the west.
This is on the extreme southeastern boundary of an
area that was designated as a down-planned area that
this council approved in about 2002, 2004.
I forget the exact date.
I think it was 2003.
2003.

Now, the site itself, to give you an idea, very
quickly, predominantly in character, you have two
duplexes.
The request is to go from RS-50 to RM-18, basically
recognize the compliance, under the last plan there
was an issue as far as refinancing for the possibility
of more of a financial type of release for the
applicant, potentially fix the area up.
It is surrounded on all sides by either duplex.
It's all single-family attached up to the northeast of
the site, east of the site, to the north of the site.
You actually did this in 2004, I believe.
This is -- anyway, that's what happened.
This is basically the edge of the boundary line over
here.
So this on this side is not within that area but as
far as the down-zoning right across the street.
Actually, this particular product, from this
particular site, is probably one of the better
residential pieces in this immediate vicinity.
Anyway, the request was to go to RM-18.
Planning Commission staff found it consistent with the

comprehensive plan.
>>GWEN MILLER: Question by council members?
Petitioner?
>> Enrique Fernandez.
I want to change the zoning.
>>GWEN MILLER: Anyone else like to speak on item
number 6?
>> Motion to close.
>> Second.
(Motion carried).
>> Move an ordinance rezoning property in the general
vicinity of 14705, 1407 Sewaha street from zoning
classifications RS-50 to RM-18 residential multifamily
providing an effective date.
>>GWEN MILLER: We have a motion and second.
All in favor of the motion say Aye.
Opposed, Nay.
>>THE CLERK: Motion carried with Saul-Sena and Scott
being absent.
Second reading and adoption will be on June 4th at
9:30 a.m.
[7:32 p.m.]

>>CHARLIE MIRANDA: Move to receive and file any
document we received on all of these items today.
>>GWEN MILLER: We have a motion and second.
(Motion carried)
Council, I would like to bring to your attention that
we have been invited to our heros luncheon going to be
held on May 20th at 12:00 instead of 1:30.
I don't know if you want to adjourn and go to that
luncheon.
>> Madam chairman, that's always been the protocol.
>> Can we get a motion?
>> So moved second.
(Motion carried).
>>MARTIN SHELBY: What date and time are you going to
be adjourning?
It's a workshop.
>>GWEN MILLER: We start at 12.
>>> Adjourn at a quarter of 12?
It's at the convention center.
Okay.
Anything else?
May 28th.

Thursday, May 28th.
Anything else to come before council?
We stand adjourned.
(The meeting adjourned at 7:34 p.m.)


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