TAMPA CITY COUNCIL
Thursday, June 18, 2009
5:30 p.m. session
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17:37:08 >>LINDA SAUL-SENA: Tampa City Council is called to
17:37:12 Roll call.
17:37:15 >>JOSEPH P. CAETANO: Here.
17:37:17 >>LINDA SAUL-SENA: Here.
17:37:18 >>CHARLIE MIRANDA: Here.
17:37:19 >>MARY MULHERN: Here.
17:37:23 >>LINDA SAUL-SENA: Thank you.
17:37:25 The first thing -- yes?
17:37:29 >>JOSEPH P. CAETANO: The presenter for item number 12
17:37:31 has a previous engagement.
17:37:33 Can we take that and move it forward so he can go to
17:37:41 his other engagement?
17:37:43 >>MARTIN SHELBY: We can take that up after this item
17:37:45 because that will be at 6:00.
17:37:47 >>JOSEPH P. CAETANO: Oh, okay.
17:37:49 Thank you.
17:37:51 >>LINDA SAUL-SENA: Public hearing.
17:37:53 And now we'll stop at six.
17:37:57 The first item is our community development block
17:38:00 grant conversation.
17:38:04 >> Dennis -- the revenue and finance department.
17:38:11 Could I have the PowerPoint up, please?
17:38:13 Or not.
17:38:21 There we are.
17:38:23 Thank you, council.
17:38:26 This public hearing of course is part of our yearly
17:38:28 action plan.
17:38:29 We are required to do one a year, City of Tampa does
17:38:33 two, this being our second.
17:38:34 The first one was done in February.
17:38:37 >>LINDA SAUL-SENA: One moment, please.
17:38:40 Motion and second to open.
17:38:41 Any discussion?
17:38:42 All those in favor say Aye.
17:38:46 >>> There are four quarterly meetings of the CDBG
17:38:51 advisory committee annually and there is
17:38:53 representation at these meetings by the budget office.
17:38:56 The housing and community development department,
17:38:58 community affairs and neighborhood services at all of
17:39:03 And from these public hearings, the needs and
17:39:07 recommendations, is the opportunity for citizens to
17:39:08 find out, you know, what the programs are available
17:39:11 out there, and to make suggestions for the future
17:39:19 You can see here the housing and urban development
17:39:22 grants calendar.
17:39:25 The ad preceded June 11th, I think June 10th,
17:39:30 and there's a 30-day public time period, and the
17:39:33 comments received will be incorporated into the action
17:39:39 The last advisory committee meeting that you can see
17:39:42 took place a week ago today.
17:39:44 Today is the public hearing.
17:39:47 The City Council scheduled approval of proposed
17:39:50 program on August 6th.
17:39:53 And as you can see, submission of the application to
17:39:55 the housing and development office is August 16th,
17:39:59 and of course our fiscal year is concurrent with this
17:40:02 one, October 1st, 2009.
17:40:07 These are our sources of funding, community
17:40:09 development block grant.
17:40:11 As you can see just over $3.7 million.
17:40:14 Public services funds component is capped at 15%, or
17:40:20 $562,000 and change.
17:40:22 These are the projects that are submitted and awarded
17:40:25 via the request for proposal.
17:40:28 You can see program and reprogram funds amount to just
17:40:32 under $1.4 million.
17:40:35 We reprogram funds include things like awards that are
17:40:40 turned down, that very rarely happen, and also perhaps
17:40:44 awards where the kind of funding spent was not quite
17:40:48 as much as everybody thought was going to be spent, so
17:40:50 we programmed it and put it into other projects.
17:40:52 The home investment partnerships program is just under
17:40:57 $2.2 million.
17:40:58 The emergency shelter grants program just under
17:41:01 $165,000, and housing opportunities for persons with
17:41:07 aids just under 3.5 million and the total is just over
17:41:12 $10.9 million.
17:41:15 That's the funding coming in.
17:41:17 Here we have the funding going out.
17:41:21 The entire list as you can see are the two most
17:41:24 significant and the bulk of the funding are the
17:41:25 housing programs, and almost $3.6 million, and again
17:41:30 housing opportunities for persons with aids.
17:41:33 And just over $3.5 million.
17:41:38 Needs and recommendations, initial responses were
17:41:42 mailed in May 2009.
17:41:44 I would like to turn it over to Mr. Frank Roder, the
17:41:49 chairman of the CDBG advisory committee and the person
17:41:56 persons on the schedule public comments follow.
17:41:58 Thank you.
17:41:58 >>> Good evening.
17:42:00 My name is Frank Roder.
17:42:01 I live at 908 east Louisiana Avenue in Tampa,
17:42:05 Southeast Seminole Heights neighborhood.
17:42:07 I would like to get to our city-wide request.
17:42:10 The first city-wide request is a homeless outreach.
17:42:14 At our meeting the other night we were very pleased to
17:42:16 hear that the homeless coalition will be receiving
17:42:20 $1.5 million in federal stimulus dollars.
17:42:27 That am do a great job to eliminate some of the
17:42:30 problems of homeless.
17:42:33 The TPD, Tampa fire department, community outreach,
17:42:37 for party in the parks.
17:42:38 The respond we were a little disappointed in.
17:42:45 It asks for three of them.
17:42:47 And it had three before.
17:42:48 But I guess the current budget situation they limited
17:42:53 themselves to one.
17:42:53 We are suggesting they look out for private
17:42:55 partnerships, sponsorships, get some other people
17:42:59 involved so we can continue to have free parties in
17:43:02 the park.
17:43:02 If you go to one of these events, I mean, parents, the
17:43:05 kids, the fire department, the police department,
17:43:09 anybody and everybody is there having a good time.
17:43:11 And it's a very win-win neighborhood involvement, and
17:43:15 they would like to see it happen.
17:43:17 We would really like to see if we could have three
17:43:19 more in the coming year as well.
17:43:23 Unfortunately Shannon is not here tonight because
17:43:26 she's doing the City of Tampa finalist thing but I
17:43:28 know she would be very pleased to hear me say that.
17:43:33 The city-wide recycling campaign, one of the parts we
17:43:42 put in there was an incentive to lower solid waste
17:43:47 fees for residents who participate in the solid waste
17:43:51 recycle program, and the automated cart distribution
17:43:56 system is complete, and conduct a rate analysis then.
17:44:02 Why don't we do a small pilot study now and see how
17:44:07 it's working?
17:44:08 A small neighborhood that's already got it
17:44:10 implemented, see how that goes, and expand it as it
17:44:13 goes along.
17:44:13 But it gives you an idea how it will work.
17:44:16 So that was our suggestion for that.
17:44:21 In the campaign before, we fully support funding this
17:44:25 crucial area, and please remember it wasn't that many
17:44:29 years ago that Tampa was on a list of one of America's
17:44:33 dirtiest cities, and the clean city division has come
17:44:37 a long way to clean up the city and we would like that
17:44:40 to be considered a high profile funding area.
17:44:43 Number 5 dealt with drainage ditches.
17:44:49 And the answer we received, we really weren't happy
17:44:52 with at all.
17:44:52 The answer they gave us basically was there's just too
17:44:56 many ditches.
17:44:58 And to me that's kind of unacceptable.
17:45:02 There may be too many ditches but start somewhere.
17:45:04 And we came up with a couple of suggestions.
17:45:07 The ditch along Spruce between Lois and Dale Mabry, or
17:45:11 the ditch along Gandy and Brady, from Spruce to
17:45:15 Laurel, is a good one to start this process.
17:45:18 We may have too many ditches but we have to start
17:45:21 So we would like to at least see a start in the
17:45:24 ditches being taken care of.
17:45:25 And then after those two, maybe go to the Wellswood
17:45:28 neighborhood, and get the one along Westshore and go
17:45:32 from there.
17:45:33 And we will be happy to go around and find out.
17:45:37 The last request was fertilizer use and application
17:45:40 ordinance, bouncing back and forth around the county.
17:45:43 The Environmental Protection Agency.
17:45:47 Basically if a county ordinance is passed we are
17:45:49 asking the to draft a city ordinance right away.
17:45:54 So those are our requests that we are doing for the
17:45:58 city-wide requests, and at this time I will turn it
17:46:00 over to anybody who would like to speak to any
17:46:02 neighborhood request.
17:46:11 >>LINDA SAUL-SENA: Welcome.
17:46:12 >>> Good evening, council.
17:46:14 Randy Baron, 217 west Comanche Avenue, member of the
17:46:19 And first of all, I would like to thank Frank for all
17:46:23 of his hard work, and this committee.
17:46:26 He is really the heart and soul of the CDBG advisory
17:46:30 committee and also Ross Silvers who has done a
17:46:34 marvelous job.
17:46:35 A few years back there were complaints that the
17:46:37 response to the recommendations weren't being taken
17:46:41 seriously by administration.
17:46:42 It's clear by the response here that the city is
17:46:44 taking these seriously.
17:46:47 There are now substantive responses and go into detail
17:46:50 about what they can and can't cannot do.
17:46:51 It's also interesting to read through these responses
17:46:53 because on these needs and recommendations we are
17:46:56 essentially asking neighborhoods, tell us what you
17:46:58 need, and those neighborhoods who do submit requests
17:47:03 for recommendations is a way for the city to at least
17:47:07 prioritize to see what those neighborhoods think is
17:47:10 Some of the responses, you know, we don't have money,
17:47:13 some of the responses are it's just not appropriate
17:47:16 for the city or under CDBG dollars.
17:47:19 The one thing that stuck out to me this time was
17:47:21 reading the response about traffic calming.
17:47:24 And there's three separate requests for traffic
17:47:26 calming amongst three different neighborhoods.
17:47:29 The standard response of course is 85th percentile
17:47:33 rule which is without regard to any other factor, 835%
17:47:36 of the cars going 10 miles per hour or more than the
17:47:39 speed limit, and that's it.
17:47:41 Doesn't matter whether there's a sidewalk there.
17:47:43 Doesn't matter whether there's a school there.
17:47:45 Doesn't matter whether there's a park there. Doesn't
17:47:47 matter if there's any other extenuating circumstances.
17:47:49 It's based on entirely upon speed.
17:47:52 Based upon that, 22nd street from Sligh to the
17:47:56 dead-end, where the park starts to the north, receives
17:48:01 speed tables.
17:48:02 I can tell you that was my neighborhood when I was
17:48:04 president of the association, and I never heard anyone
17:48:06 complain about speeding along that stretch.
17:48:09 Those areas where there are complaints are roads where
17:48:12 maybe it's not quite the 85th percentile but
17:48:15 there's no sidewalks, or there's a park, and people
17:48:18 are walking their dogs, or their strollers or
17:48:20 So I would ask this council if you can ask
17:48:23 transportation to look into possibly revising that
17:48:28 particular role, to take into consideration other
17:48:31 factors, especially sidewalks, schools, parks, the
17:48:35 width of the road, and other factors.
17:48:39 Other than that, the city was very good in explaining
17:48:44 why they could or couldn't satisfy some of these
17:48:48 The other one that was very big with sidewalks, a lot
17:48:53 of cracked sidewalks, and there is a procedure to go
17:48:57 through, and although I think there was a typo there,
17:49:00 and one of the responses, it said you will receive the
17:49:02 response within 12 months.
17:49:04 I'm hoping that's a typo.
17:49:06 Because one would hope that if there's a broken
17:49:09 sidewalk you would get a faster response. Anyway,
17:49:11 thank you.
17:49:12 >>LINDA SAUL-SENA: Thank you.
17:49:14 Before the next person comes up, I have a question of
17:49:16 the staff, and that is, are you all taking copious
17:49:24 >>> Jennifer Willman, 2426 Stuart street in Palmetto
17:49:29 I'm the new chairperson for area 2 for the committee.
17:49:32 And my comments are regarding two of the items that
17:49:36 were submitted by the Palmetto Beach neighborhood.
17:49:41 And if you have the packet, in area 2 it's number 4,
17:49:45 which is repair the sea wall along MacKay Bay.
17:49:49 The response from transportation division indicated
17:49:54 that there was some money to design, and that would
17:49:59 just be along Bermuda Boulevard and not the park side
17:50:02 of the sea wall.
17:50:05 So there's basically no money for repair.
17:50:09 To actually repair it.
17:50:11 And I didn't get a response from the Parks Department,
17:50:13 which they would actually be in charge of the repair
17:50:16 along the park side.
17:50:19 So this is still a major issue for us.
17:50:23 The sea wall is in major disrepair.
17:50:25 There are holes, and it's one of the top priorities,
17:50:29 and there's no money for it.
17:50:31 So I'm really hoping that we can get a more positive
17:50:35 response for this project.
17:50:39 The other item was number 10 regarding the community
17:50:43 plan and design guidelines for Palmetto Beach.
17:50:47 The response that we got -- and I contacted Sarah
17:50:52 Campbell, have not heard back yet, but I question the
17:50:56 response in terms of that this project would be
17:50:59 appropriate for RFP, and to try to match funding
17:51:03 through private sector funds, and it seems to me that
17:51:06 that might create a conflict of interest to try to
17:51:09 develop a community plan with private sector funds.
17:51:12 So I'm really hoping that the city can prioritize the
17:51:15 community planning process and design guidelines.
17:51:17 Design guidelines is not addressed in the response.
17:51:20 And I think that's very, very important, probably even
17:51:23 more so than a community plan especially for our
17:51:28 And it was indicated that limited planning resources
17:51:32 are available to neighborhoods with the most severe
17:51:34 conditions requiring immediate attention, and I would
17:51:36 like to get more information on what exactly that
17:51:38 means, with Palmetto Beach becoming a national
17:51:41 historic district.
17:51:42 I think that we should be a priority neighborhood in
17:51:46 planning for our up coming development proposals that
17:51:50 come in in the coming years.
17:51:53 So I'm just hoping that we can pay more -- give these
17:51:59 two items more attention, and hopefully get some
17:52:02 funding for these in the future.
17:52:03 Thank you.
17:52:10 >>> Good evening.
17:52:11 Spencer Kass representing the Virginia park
17:52:13 neighborhood association.
17:52:15 First, I want to of course thank staff for all its
17:52:18 hard work on all this.
17:52:19 I realize there's a lot of balance.
17:52:21 If you turn to page 46 of your package, item number 5,
17:52:25 this goes back to friendship park.
17:52:28 We have discussed this repeatedly.
17:52:30 The park of course, in Virginia park located on Bay to
17:52:34 It's one of the city's oldest parks.
17:52:36 It's falling apart.
17:52:37 It doesn't meet the needs of the residents.
17:52:40 Three associations, Virginia park, Sunset Park, Paul
17:52:44 Palma Ceia, all got together, and all of our residents
17:52:48 use it, except in the city we would like to see this
17:52:51 park redone.
17:52:52 The city talks about it takes seven years for them to
17:52:55 do a park, long time to do the plans.
17:52:57 We did the plans.
17:52:58 All we asked for was some funding.
17:53:00 We realize we don't qualify for CBDG funding but
17:53:05 funding can be provided out of gas tax, out of the
17:53:07 general fund, and I did see this morning's
17:53:09 presentation, I am aware of the city's issues, but I
17:53:12 think if we need to come up with the money, to
17:53:14 instruct staff to go back when they bring you this
17:53:16 year's budget to come up with the funds needed to redo
17:53:19 the park, that we'll find the funds to redo the park.
17:53:23 One of my biggest concerns is if funding isn't made
17:53:26 available, we are getting into a situation where some
17:53:29 residents are starting to feel a degree of resentment
17:53:34 towards some city employees, and our city employees
17:53:38 have done pretty well, they have got their pension
17:53:41 increases, you heard about it of course this morning.
17:53:44 Virginia park over the last five years, the increase
17:53:46 in property tax, just paid out of Virginia park
17:53:49 increases, is $6 million.
17:53:51 I never come down here and ask you for funds for
17:53:53 Virginia park, never ask that things be fixed or
17:53:57 Our neighborhood takes care of most of the stuff
17:53:59 Something like this is the city's responsibility.
17:54:01 And I respectfully ask that you instruct staff when
17:54:04 they bring back the budget that they provide funding
17:54:06 for the park.
17:54:07 Thank you.
17:54:08 >>LINDA SAUL-SENA: Thank you.
17:54:14 >>> Members of the council, I'm Wes Weisenberger, I'm
17:54:17 from 1990 1/2 west northwest "A" street.
17:54:22 Just two points.
17:54:23 In our community we have had problems with local
17:54:26 university students creating their own sorority house,
17:54:29 which creates 100, 200, 300 people coming into the
17:54:35 quiet, sleeping community, which will go until 2:00 or
17:54:39 3:00 in the morning.
17:54:40 We the advice of many people.
17:54:43 We contacted the university, the dean there.
17:54:46 We have also asked the police officers to come down
17:54:50 strong on these people, and which they did.
17:54:52 So the positive thing is, this particular problem has
17:54:59 a baby and it disappeared.
17:55:00 It is because the university listened to us.
17:55:04 The police officers listened to the complaints, and
17:55:08 they more or less encouraged these people to keep --
17:55:12 they literally closed down the noisy parties late at
17:55:16 night, which borders right on the university of Tampa
17:55:20 in the residential area of North Hyde Park.
17:55:26 One thing little thing, the property owner evicted the
17:55:31 people living there, and the lady was so frustrated
17:55:33 with all the pressure coming from the community, she
17:55:36 sold the property.
17:55:37 So it can happen, when the community stands up and
17:55:40 says, we are not going to have noise in our community
17:55:43 for people sleeping late at night.
17:55:46 I encourage other people to do the same thing.
17:55:49 The only problem we have now are the local
17:55:52 residents -- the local restaurants who will come in
17:55:57 close to our area, Kennedy Boulevard in particular,
17:56:03 beautiful restaurants.
17:56:05 They serve fine food.
17:56:06 But they go outside the building.
17:56:10 They go into the Veranda, they go into the sidewalk
17:56:17 There are restaurants that are so close to the curb
17:56:21 that you can walk down literally touch someone that's
17:56:24 having dinner.
17:56:25 That's fine, except late at night, they come out with
17:56:31 the speakers that are so loud, the people are partying
17:56:36 and enjoying themselves, which they are entitled to,
17:56:38 but we are entitled to the rest at 11:00, 12:00, 1:00,
17:56:45 2:00, when you can feel your house vibrating.
17:56:47 These are not all cinderblock homes in that area of
17:56:51 north A and north B.
17:56:53 That's one or two blocks away where you can hear the
17:56:56 thumping sound or you can hear beautiful music.
17:57:00 We sometimes would like to get some rest.
17:57:02 So I encourage you, in the future, when the zoning
17:57:07 allows new restaurants to come in, there must be some
17:57:11 restrictions that they will guarantee you, guarantee
17:57:17 the planning or the zoning of anyone that they will
17:57:20 not infringe upon the community.
17:57:23 They cannot go outside those buildings with the large
17:57:26 speakers, enjoy themselves, and enjoy inside.
17:57:32 Let the neighborhood have peace and quiet late at
17:57:36 Thank you very much.
17:57:41 >> Council, I would like to close with a request from
17:57:44 area 3 which is southeast Seminole Heights.
17:57:46 We are very excited that finally six years after the
17:57:48 beginning of the makeover of Giddons Park, we finally
17:57:52 have our interactive water fountain working and our
17:57:55 Last week they brought palm trees and planted palm
17:57:59 It's looking really good. In fact on June 6th we
17:58:01 had our ice cream social to celebrate the 21st
17:58:05 anniversary of our civic association.
17:58:06 We have asked for a new civic center for both our
17:58:09 association but also the children to participate in
17:58:12 the Parks Department programming at the park.
17:58:14 Members of council, we desperately need a new building
17:58:17 to replace the building that is just too small to meet
17:58:19 the needs of the Parks Department, or our neighborhood
17:58:22 civic association.
17:58:24 Thank you.
17:58:28 >>LINDA SAUL-SENA: Is there anybody else from the
17:58:30 community who would like to speak?
17:58:33 Could the staff come up again?
17:58:35 Could you remind us in what form you will respond to
17:58:39 the issues raised this evening?
17:58:41 >>> I'm sorry, say again?
17:58:44 >>LINDA SAUL-SENA: If council members feel that some
17:58:46 of the issues raised this evening are worthy of your,
17:58:50 you know, reconsideration of the budget or directing
17:58:53 other staff resources towards solving them, will you
17:58:57 bring that back to us?
17:59:00 Will it be a written response?
17:59:01 >> Written or some sort of report.
17:59:04 Do we typically -- do you want to come up?
17:59:09 >>> Tamera Carrol from the budget office.
17:59:17 Normally these are done -- in our normal
17:59:20 recommendation process.
17:59:21 Most of the other departments are here representing
17:59:24 So they can hear these questions as well, and we'll do
17:59:27 follow-up and send questions directly to these
17:59:30 departments because most of them have already been
17:59:32 included, and probably just need to elaborate on them.
17:59:35 >>LINDA SAUL-SENA: For example, the question about
17:59:37 Palmetto Beach, where the response was, you know, is
17:59:41 this a neighborhood in dire need of planning, perhaps
17:59:45 the planning department?
17:59:47 I see Mr. Snelling here will be able to say which
17:59:49 areas -- I know we are working on form based and
17:59:55 other -- you know, there's sort of a queue of
17:59:58 neighborhoods in line for different things.
18:00:00 But, you know, where it is where does Palmetto Beach
18:00:03 fall in the line?
18:00:04 >>> And we normally do the follow-up around October
18:00:08 but we can do it earlier.
18:00:09 Land development was mentioned in there.
18:00:11 And I don't know if they were contacted directly.
18:00:13 But I can coordinate something with Thom Snelling.
18:00:18 >> I thought the community does a particular good job
18:00:21 of explaining that you are concerns.
18:00:22 And your responses are much more thorough than they
18:00:24 have been previously.
18:00:25 They were good.
18:00:26 But there's still some opportunity perhaps not through
18:00:30 CDBG money but perhaps in other ways to meet the needs
18:00:33 that were raised.
18:00:35 Council members, other questions for staff?
18:00:39 Any other comments?
18:00:41 Thank you all for coming down tonight.
18:00:45 >>MARTIN SHELBY: Can we have a motion to close that
18:00:46 public hearing?
18:00:47 >>CHARLIE MIRANDA: So moved to close.
18:00:50 >> Second.
18:00:51 >>LINDA SAUL-SENA: Any other discussion?
18:00:52 All those in favor say Aye.
18:00:53 The public hearing is now closed.
18:00:55 Mr. Snelling, I believe -- Mr. Caetano wanted to bring
18:01:00 up item number 12.
18:01:01 >>JOSEPH P. CAETANO: Can we bring Mr. Snelling up for
18:01:05 item number 12?
18:01:07 >>LINDA SAUL-SENA: Yes.
18:01:10 >>MARTIN SHELBY: Council, just as a matter of course,
18:01:15 when something is on the agenda that requires council
18:01:18 action, we usually ask for before council takes action
18:01:21 if there's anybody from the public who wishes to
18:01:23 address council on that item.
18:01:24 You can choose to do that up front before Mr.
18:01:26 Snelling's presentation, or after.
18:01:29 >>LINDA SAUL-SENA: After.
18:01:30 >>MARTIN SHELBY: However you wish to proceed.
18:01:31 >>LINDA SAUL-SENA: Okay.
18:01:34 This is item number 12 on the regular council agenda.
18:01:42 Thank you all for coming down.
18:01:47 >>THOM SNELLING: Growth management development
18:01:51 We are on item number 12 which is basically requesting
18:01:54 council to pass a resolution to authorize the mayor to
18:01:58 submit for the EECBG grant, Energy Efficiency and
18:02:03 Conservation Block Grant.
18:02:05 It's the same program that Chief of Staff Smith
18:02:11 presented a few weeks back except focusing
18:02:14 specifically on the energy grant portion.
18:02:15 So I am going go through this relatively quickly.
18:02:17 If you have questions you can certainly stop.
18:02:25 It was for $3.712 million and it's a federal grant,
18:02:30 and one of the keys to this is that the city prepares
18:02:33 an energy efficiency and conservation strategy which
18:02:36 we have prepared which is actually part of the granted
18:02:38 and included in your doc agenda item explaining what
18:02:40 that was.
18:02:41 The beauty of it is that the actual energy efficiency
18:02:45 strategy submitted was in the comprehensive plan that
18:02:49 council adopted not too long ago approved built DCA,
18:02:53 etc. et cetera.
18:02:53 So it was the element within the comp plan that is the
18:02:59 base for energy efficiency strategy.
18:03:04 Very quickly.
18:03:05 One of the things that we are going to be using the
18:03:08 money for is the greenhouse gas study.
18:03:11 Originally we had thought about trying to do that
18:03:13 The more we looked at it the more complex kind of a
18:03:16 study that was.
18:03:17 This was really good news, because now we can get, I
18:03:19 think, a more thorough, more efficient, and ultimately
18:03:24 a better product and more accurate product of what the
18:03:27 real greenhouse gas emissions are for the City of
18:03:31 The other projects, two of the projects as you know
18:03:34 are light.
18:03:35 One is the parking garage upgrade lights and the LED
18:03:41 lights and that will complete the LED lights
18:03:43 throughout the City of Tampa at approximately 360
18:03:47 And the last portion of the grant was for energy
18:03:51 management systems at two facilities, which really
18:03:55 controls electronically the various management systems
18:03:58 and energy uses within the building that we have.
18:04:03 These, each project here, returns a huge amount of
18:04:08 energy efficiency and actual reduction in the amount
18:04:11 of energy that the city uses, electricity that the
18:04:15 city uses which ultimately as you know will translate
18:04:17 directly to greenhouse gas emissions which is why the
18:04:20 study is a good fit for this particular grant
18:04:22 application as well.
18:04:27 That really concludes what I have to talk about.
18:04:35 >>LINDA SAUL-SENA: Any questions?
18:04:36 >>CHARLIE MIRANDA: I don't have any.
18:04:37 I move the resolution.
18:04:38 >>LINDA SAUL-SENA: Okay.
18:04:39 I have a question, Mr. Snelling.
18:04:44 What is the likelihood of our receiving this grant?
18:04:47 >>THOM SNELLING: 100 percent.
18:04:49 >>LINDA SAUL-SENA: Fabulous.
18:04:50 Because all things that we have committed to doing,
18:04:53 and we haven't had the resources to implement them.
18:04:56 So this means that we will be able to move ahead to do
18:04:59 >>> This particular grant -- and very quickly, the
18:05:04 energy efficiency conservation block grant was
18:05:06 approved back in 2007.
18:05:09 It was never funded.
18:05:10 When the ARRA was approved, this was the first major
18:05:14 program that stimulus money was funding.
18:05:17 And so that's why this was done in such a fast track.
18:05:22 So the first issuance of these grants are all formula
18:05:28 grants which means the city got 3.21 million and
18:05:31 everybody had to go through preparing the projects,
18:05:34 get your proposals together, and make sure things were
18:05:37 ready to go very quickly, submit that application, and
18:05:40 then they'll return the money to you.
18:05:42 Coming up next is going to be a whole round of
18:05:45 competitive grants, which will be writing and over the
18:05:48 stages of the rest of the stimulus money, those will
18:05:52 be a lot of competitive grants and we have other
18:05:54 energy efficiencies within that competitive grant
18:05:58 >>LINDA SAUL-SENA: I have a question.
18:05:59 Since finally we'll have the resources to do some of
18:06:02 the things that we have said we are committed to
18:06:04 doing, will we get a staff person who is committing
18:06:08 100 percent of their time to overseeing this?
18:06:11 >>THOM SNELLING: Right now, 100 percent of my time was
18:06:14 spent on putting this grant together for the last few
18:06:17 I spent a great deal of time and actually a couple of
18:06:20 other staff members helped as well.
18:06:21 The budget department helped me a great deal in
18:06:23 putting the grant together.
18:06:24 I really knew nothing about presenting grants.
18:06:28 I imposed on them while they were trying to get their
18:06:31 CDBG money.
18:06:33 Unfortunately this money isn't for a staff person at
18:06:34 this point.
18:06:35 Maybe some of the stimulus money later on can be for a
18:06:38 staff person.
18:06:38 That I really don't know but the money we are putting
18:06:42 forth tonight is not specifically -- maybe some of the
18:06:45 competitive grants do have, you know, funding to
18:06:47 accommodate a staff person.
18:06:51 We can certainly look at that.
18:06:52 >> I'm saying if we are doing these very important
18:06:56 projects which we all agree on are important, we have
18:06:58 all felt frustrated that we only have a part of you,
18:07:02 and not your entire heart and soul.
18:07:06 >>THOM SNELLING: You have the most important part of
18:07:08 >>LINDA SAUL-SENA: Well, other communities have a
18:07:09 dedicated full-time staff person to be their energy
18:07:13 guru, to be their sustainability czar, and if we are
18:07:17 really curious about all this, we need to have that.
18:07:20 So I hope that as you are putting together your
18:07:23 budget, you know, for this upcoming year, you all
18:07:26 think about that.
18:07:26 I think it's very important.
18:07:27 >>THOM SNELLING: Okay.
18:07:29 >>LINDA SAUL-SENA: Mr. Dingfelder.
18:07:36 >>JOHN DINGFELDER: So you were saying that we are
18:07:40 submitting now, then there will be another round?
18:07:44 >>THOM SNELLING: Those will be the competitive grants,
18:07:46 yes, sir.
18:07:46 >> When is that?
18:07:47 >>> They have not released the actual funding for that
18:07:49 But my understanding, it's coming out on a daily
18:07:52 basis, councilman.
18:07:54 As of today, I hadn't heard that, a whole slew of
18:07:58 money had been released to start the competitive
18:08:00 We have other competitive grants that Darryl chief of
18:08:04 Smith went through talking about the grants we already
18:08:06 have in the hopper.
18:08:07 You know about those.
18:08:08 Additional competitive grants are coming forward all
18:08:11 the time.
18:08:13 We have that committee which are dredging up and
18:08:16 bringing up ideas about some of the competitive grants
18:08:19 could be, and we are trying to get some of those
18:08:21 submissions as ready as possible, so that with the
18:08:23 money and the application deadlines and the schedules
18:08:26 start to get released, we have those ready to go
18:08:29 So we are working to identify other programs, other
18:08:32 grants, other opportunities, and as soon as the money
18:08:35 is available, I've heard some stuff is going to start
18:08:38 opening up in July and August, and then they are
18:08:41 already talking about refunding the DEGBC again for
18:08:48 next year with a substantial amount of money so there
18:08:50 might be additional grants that may be available later
18:08:53 >>JOHN DINGFELDER: You and I spoke by e-mail about the
18:08:57 Orange County convention center.
18:08:58 >>THOM SNELLING: And I did a little snooping around,
18:09:01 and what I found was -- and some of the stuff was
18:09:06 right from their web page and then I went back and
18:09:09 looked at the mayor's overall plan that he put forth
18:09:12 in 2007.
18:09:13 The actual notion of having solar panels on the
18:09:17 convention center started back in 2006, and they had
18:09:21 first submitted for a Florida renewable energy
18:09:25 technology grant.
18:09:26 That's when they first started doing it.
18:09:27 They submitted for that grant back in 2006.
18:09:31 Having solar panels on a convention center, and
18:09:33 exploring further alternative energies actually became
18:09:38 part of the plan in 2007.
18:09:40 They started construction and started pulling permits
18:09:42 in the summer and fall of 2008.
18:09:44 They just completed in 2009.
18:09:46 So the initial idea came around in 2006, and your
18:09:50 question was kind of specific about when did the
18:09:52 permits and the actual drawings and some of those
18:09:55 things come up?
18:09:55 So it was about mid to 2008 when they started it.
18:10:02 >>JOHN DINGFELDER: What I'm thinking is, I
18:10:04 recognize -- and not necessarily for tonight,
18:10:07 We have to get this in.
18:10:09 But for the next round, what I'm thinking is, now, one
18:10:13 of the criteria that's been tossed around, it has to
18:10:15 be shovel ready, or in this case, I don't know, plug
18:10:19 ready perhaps.
18:10:20 If we are talking about solar panels on the convention
18:10:25 What I'm thinking is, to me, there's no brain surgery
18:10:30 Why couldn't we just go up to Orlando, grab hold of
18:10:33 what they did, look at it and see if it could be
18:10:40 translated to our roof.
18:10:43 I'm sure they have a lot more roof than we do but
18:10:46 maybe we could take part in it.
18:10:48 And then submit it on that basis.
18:10:50 And then if we got it, we tweak up their engineering
18:10:53 plans, and we would be shovel ready, too.
18:10:56 So I think that there is really a viable option there.
18:10:59 I mean, you know, we in Orlando are in the same sun,
18:11:08 we have the same needs, we have the same -- similar
18:11:11 flat roof, I'm sure.
18:11:12 >>LINDA SAUL-SENA: We pay more for electricity because
18:11:15 they have a municipally owned electrical source.
18:11:17 >>JOHN DINGFELDER: So I can't see where there's that
18:11:20 many differences where we just couldn't go up and sort
18:11:23 of piggyback off of what they have done, as opposed to
18:11:26 reinventing the wheel.
18:11:29 >>THOM SNELLING: I know that.
18:11:31 A few weeks ago they sent you a letter that the
18:11:36 administration is coming back to talk about some of
18:11:38 the other projects and the solar roof question.
18:11:40 There was a motion for that.
18:11:41 They responded back.
18:11:43 Hopefully that will be part of that when they look at
18:11:45 that kind of thing, to see how applicable, that's part
18:11:48 of the analysis that's going on.
18:11:50 I haven't had a chance really to talk to David Vaughan
18:11:52 about what his analysis is, or what his research has
18:11:55 been thus far.
18:11:56 >> I know they have been talking about joint venturing
18:11:59 with the private sector, that sort of thing.
18:12:01 >>> Right.
18:12:02 >> I doesn't know if that's what Orange County did or
18:12:05 >>> Orange County had a number of partners.
18:12:06 They had --
18:12:10 >> OCUO.
18:12:13 >>> They had that.
18:12:14 They had solar.
18:12:15 I have a list.
18:12:16 >> But TECO might want to partner with us.
18:12:18 >>> And we are working with TECO on another thing,
18:12:21 it's not in this particular budget but there are other
18:12:23 solar things we are talking about.
18:12:26 My other group.
18:12:28 >> I just don't want the next step to come along and
18:12:31 we are still in the same posture of saying, well, we
18:12:34 are not shovel ready.
18:12:35 I think a solar project involving the City of Tampa
18:12:40 would be tremendously progressive, and inspiring to
18:12:44 the community.
18:12:45 >>LINDA SAUL-SENA: Would you like to make that in the
18:12:47 form of a motion, Mr. Dingfelder?
18:12:49 >>JOHN DINGFELDER: No, I am going to trust Thom to
18:12:52 just pursue it because he knows that we are dogging on
18:12:55 these issues and he doesn't need a motion.
18:12:58 >>THOM SNELLING: And there is a schedule to come back
18:13:00 and talk about exactly that, that issue with council.
18:13:04 I appreciate you taking -- council, they have been
18:13:11 very much.
18:13:11 >>LINDA SAUL-SENA: There's a motion by Mr. Caetano.
18:13:14 >>JOHN DINGFELDER: What motion?
18:13:15 >> To pass the issue.
18:13:18 >>JOHN DINGFELDER: Second.
18:13:19 >>LINDA SAUL-SENA: So all in favor?
18:13:23 That's great.
18:13:25 We rarely apply for something we have a 100 percent
18:13:28 chance of receiving.
18:13:28 Item number 2.
18:13:29 Continued public hearing.
18:13:37 That was number 12.
18:13:52 I forgot to do that. Is there any public comment?
18:13:56 >>MARTIN SHELBY: Is there anybody here to speak to
18:13:58 item number 12?
18:13:59 Madam Chair, I see no one.
18:14:01 Thank you.
18:14:03 >>LINDA SAUL-SENA: Thank you.
18:14:05 >>MARTIN SHELBY: Madam Chair, I would ask that those
18:14:13 people who intend to speak tonight at these hearings
18:14:18 be sworn at this time, please.
18:14:21 >>LINDA SAUL-SENA: Everyone who is going to speak,
18:14:23 please rise and the clerk will swear you in.
18:14:30 (Oath administered by Clerk).
18:14:31 >>MARTIN SHELBY: Council, I ask that all written
18:14:33 communication that has been available for public
18:14:34 inspection at City Council's office be received and
18:14:37 filed into the record at this time, please, by motion.
18:14:43 >>LINDA SAUL-SENA: There's a motion.
18:14:44 Is there a second?
18:14:45 >> Second.
18:14:49 >>LINDA SAUL-SENA: Motion and second.
18:14:50 All in favor say Aye.
18:14:52 >>MARTIN SHELBY: Madam Chair, did you want to
18:14:54 entertain the continuances first, and clean up the
18:14:57 agenda before proceeding?
18:14:59 >>LINDA SAUL-SENA: That's an excellent idea, Mr.
18:15:05 What are the requests for continuance?
18:15:09 >>SAMANTHA FENGER: Land development.
18:15:12 I have three items for the agenda.
18:15:16 Item number 2, Z 08-6.
18:15:18 Staff requests this item be withdrawn.
18:15:26 >>LINDA SAUL-SENA: Why?
18:15:28 >>SAMANTHA FENGER: Actually -- I'm sorry?
18:15:35 >>MARTIN SHELBY: I was distracted.
18:15:38 I'm sorry.
18:15:39 Item number 2 is a request to be withdrawn?
18:15:43 >>SAMANTHA FENGER: As staff.
18:15:46 >>MARTIN SHELBY: Let me ask you this.
18:15:49 Is the petitioner here on this item?
18:15:51 >>LINDA SAUL-SENA: I'm just curious why should this be
18:15:57 >>SAMANTHA FENGER: This case was originally scheduled
18:15:59 for December 11th, 2008.
18:16:01 The petitioner asked for a continuance due to
18:16:04 extenuating circumstances.
18:16:06 So it was scheduled for tonight.
18:16:09 We have tried to make communication with the
18:16:12 petitioner and have not received correspondence from
18:16:17 them and I do not have any revised site plans since
18:16:20 last year.
18:16:21 >>LINDA SAUL-SENA: Is there anyone in the audience who
18:16:24 wants to comment upon this?
18:16:28 I see no one.
18:16:30 I guess the appropriate --
18:16:34 >> Move to withdraw.
18:16:36 >> Second.
18:16:36 >>LINDA SAUL-SENA: Motion and second to withdraw this.
18:16:39 All in favor?
18:16:42 >>MARTIN SHELBY: We are clear under section 327-395
18:16:46 there was no appearance by the applicant tonight.
18:16:48 Thank you.
18:16:48 >>SAMANTHA FENGER: Item number 9.
18:16:51 Z 09-12.
18:16:54 This item K cannot be opened.
18:16:56 The item will be administratively rescheduled to July
18:16:59 23rd at 6 p.m. by Land Development Coordination
18:17:01 due to misnotice.
18:17:02 >>MARTIN SHELBY: That would be to remove this from the
18:17:05 agenda tonight?
18:17:07 >>LINDA SAUL-SENA: To reschedule to July 23rd at
18:17:13 The staff is pointing out because of the misnotice it
18:17:15 needs to be rescheduled.
18:17:16 >>MARTIN SHELBY: Did you want that date set now?
18:17:19 >>SAMANTHA FENGER: Yes.
18:17:20 >>MARTIN SHELBY: Okay, thank you.
18:17:24 >>SAMANTHA FENGER: Item number 11 --
18:17:28 >>LINDA SAUL-SENA: We didn't take any action on that.
18:17:29 >>THE CLERK: It's already been administratively
18:17:32 rescheduled by land development to July 23rd.
18:17:34 >>MARTIN SHELBY: So the appropriate thing would be
18:17:36 just to remove it from the agenda.
18:17:38 >>LINDA SAUL-SENA: We don't even have to do that.
18:17:40 >>MARTIN SHELBY: By unanimous consent.
18:17:45 >>SAMANTHA FENGER: Item 11.
18:17:46 V 09-92. We received a letter from Lauralee Westine
18:17:52 the representative requesting a continuance to
18:17:55 September 24, 2009.
18:17:56 >>LINDA SAUL-SENA: Has this been previously continued?
18:17:58 >>MARTIN SHELBY: I believe it was, May 14th was
18:18:03 the previous continuance, the day of the previous
18:18:05 request for continuance.
18:18:06 And the petitioner is present, Madam Chair.
18:18:08 >>LINDA SAUL-SENA: I'm wondering, is there anyone in
18:18:10 the audience who wants to speak on this request for
18:18:16 >>> Spencer Kass, drew neighborhood park association.
18:18:19 I have been sworn but petitioner might want to go
18:18:28 >> Lauralee Westine on behalf of T mobile.
18:18:35 We asked for a continuance.
18:18:36 At that time we were working out parking issues on
18:18:38 this particular parcel.
18:18:39 There is some paved parking that is used by the city
18:18:43 park that my land owner -- and I think the city up
18:18:48 until this application believed was my land owner's
18:18:53 Based on the survey, about half the parking space was
18:18:56 on my land owner's lot and half on the city's
18:19:00 With that said, we have been skid by the Parks
18:19:04 Department to enter into a parking agreement, a
18:19:06 reciprocal parking agreement.
18:19:08 We are in the process of working that out.
18:19:10 We are working with one of your assistant city
18:19:12 attorneys at this time.
18:19:14 That agreement is not in place.
18:19:15 Until that agreement is in place I can't come before
18:19:17 you with an application that even is prepared to come
18:19:20 before you.
18:19:21 Quite frankly, the land owner is more than happy to
18:19:23 enter into this agreement to resolve this matter but
18:19:26 simply put I can't bring before you an agreement --
18:19:29 I'm sorry, an application until that agreement is in
18:19:34 >>LINDA SAUL-SENA: Did you know about this between the
18:19:36 previous hearing and this hearing?
18:19:38 >>> We did.
18:19:39 And during that time period we were working with
18:19:41 transportation and we were working with the Parks
18:19:43 Department, working up their chain, working through
18:19:47 the city attorney's office to see if that was
18:19:49 something that was possible.
18:19:49 They came back to us and said it was possible and
18:19:52 please work with this assistant city attorney.
18:19:56 We have been making attempts to get in touch with that
18:19:58 assistant city attorney up until last week, up until
18:20:01 this morning.
18:20:02 So this is something that is going forward and is
18:20:04 moving and will be accomplished.
18:20:08 Quite frankly whether the tower gets approved or not
18:20:10 the parking agreement needs to go forward first.
18:20:14 With that said I would ask for the continuance.
18:20:17 >>LINDA SAUL-SENA: Thank you.
18:20:17 Mr. Kass.
18:20:20 >> Spencer Kass representing the Virginia Park
18:20:23 Homeowners Association, myself personally, I live
18:20:25 around the corner, and I have been sworn.
18:20:28 For the record we object to this continuance.
18:20:30 We do agree with the petitioner.
18:20:32 The petition is the is improperly filed.
18:20:34 It should be stricken.
18:20:36 We didn't object to the continuance last time.
18:20:38 We knew they had the parking problem.
18:20:40 They said they would work it out between them and now.
18:20:43 The issue we are running into by the granting of this
18:20:46 continuance is for one thing as they said, working on
18:20:49 a parking spare share agreement.
18:20:52 It's my belief if the City of Tampa goes through with
18:20:54 that to allow the zoning that we could be facing a
18:20:58 contract zoning, should be illegal.
18:21:01 The second issue is, I might want to address City
18:21:03 Council about this park and share agreement.
18:21:06 As long as this petition is open I can't speak to any
18:21:08 City Council member about it, because it could
18:21:11 directly interfere with their petition for a cell
18:21:14 phone tower.
18:21:15 We also have some neighborhood associations that have
18:21:17 asked that it be discussed among the associations and
18:21:20 the council that possibly imposing a moratorium on a
18:21:24 construction of new towers, that also would have to
18:21:26 come before council.
18:21:26 I can't address that issue as long as this remains
18:21:31 Basically this is working to gag a neighborhood from
18:21:33 addressing you.
18:21:36 As petitioner stated it's improperly filed, we can't
18:21:38 go forward.
18:21:39 I respectfully ask the petition be stricken.
18:21:41 >>LINDA SAUL-SENA: Thank you.
18:21:42 I would like to hear from our legal department.
18:21:47 This if this is a problem with the city, how come the
18:21:50 city didn't request that this be continued rather than
18:21:52 the petitioner?
18:21:54 >>REBECCA KERT: It's not a problem for the city.
18:21:56 It's a problem for the underlying property owner who
18:21:58 upon discovery does not have, it's my understanding,
18:22:01 appropriate parking.
18:22:08 >>LINDA SAUL-SENA: Can we hear this petition this
18:22:13 >>REBECCA KERT: You do have the ability to hear the
18:22:15 petition this evening.
18:22:16 If you were to end up granting it, my understanding
18:22:19 is, Ms. Coyle, if I have this incorrect please correct
18:22:24 me, that the parking issue would still have to be
18:22:26 resolved before the cell tower went up.
18:22:28 >>LINDA SAUL-SENA: But we could still hear it this
18:22:33 >>REBECCA KERT: You could hear it this evening.
18:22:34 Obviously the petitioner has requested that they have
18:22:36 all their issues resolved before they come to you.
18:22:42 >>CHARLIE MIRANDA: Thank you, Madam Chair.
18:22:44 You know, you go to here you are going to be in a box
18:22:51 as council because they are already telling you they
18:22:52 have a problem on something that is has to do without
18:22:56 cell tower.
18:22:57 And if we hear the hearing, and one side loses, one
18:23:02 side is going to lose, and the other is going to win,
18:23:06 50% of you are going to leave not too happy, and if
18:23:08 you come back twice that means 100 percent of you are
18:23:11 going to leave unhappy.
18:23:12 So what I'm saying is that if we hear this petition
18:23:16 today, already knowing there's a problem, I think it
18:23:20 puts us in a defensive posture to defend our own
18:23:26 >>LINDA SAUL-SENA: So are you making a motion that we
18:23:28 continue this?
18:23:29 >>CHARLIE MIRANDA: What I think, it's a commonsense
18:23:33 I think we should not hear this hearing today knowing
18:23:36 the facts that we have on the record a problem in the
18:23:40 parking, of the land, and that's just my concern.
18:23:49 Cell towers, nobody likes them, but I haven't seen
18:23:52 anybody turn in their cell phone as they come in and
18:23:54 say, I don't want it anymore.
18:23:59 I nor you can prevent Mr. Kass from talking, as he
18:24:12 does at most meetings.
18:24:13 He's not prevented from speaking.
18:24:16 >>JOSEPH P. CAETANO: Okay.
18:24:16 >>MARTIN SHELBY: I'm sorry, if he speaks individually
18:24:20 to council members, and it's relative to something
18:24:24 that would be before you, then it would be your
18:24:29 requirement to disclose that, an ex parte
18:24:33 communication prior to the --
18:24:36 >>LINDA SAUL-SENA: I don't think that was his
18:24:37 >>MARTIN SHELBY: Well, I guess his question was
18:24:39 related --
18:24:40 >>LINDA SAUL-SENA: Mr. Caetano's question.
18:24:42 >>JOSEPH P. CAETANO: Mr. Kass said he spoke tonight
18:24:45 and this was continued he couldn't come back again and
18:24:47 >>MARTIN SHELBY: I believe what Mr. Kass was saying is
18:24:50 there are issues relating to a parking agreement
18:24:52 between the land owner and the parks department that
18:24:57 is related to this petition.
18:24:59 Therefore, as much as he would want to be able to
18:25:02 address those concerns of the Parks Department's
18:25:06 actions, he's concerned that it would perhaps have a
18:25:10 prejudicial impact on this case.
18:25:13 But in a precaution it sounds like he's not talking to
18:25:16 you about something he feels he needs to, that being
18:25:18 an agreement between the Parks Department, or
18:25:21 potentially the Parks Department and the property
18:25:25 Quite frankly, council, I can't advise you whether
18:25:27 council would even be able to know or see or approve
18:25:30 that parking agreement, that might be administrative.
18:25:33 I don't know if that's something that's subject to
18:25:35 council approval.
18:25:37 >>JOSEPH P. CAETANO: Mr. Miranda, did you make a
18:25:39 >>CHARLIE MIRANDA: I did.
18:25:41 >>JOSEPH P. CAETANO: Second.
18:25:42 >>LINDA SAUL-SENA: Your motion is to continue this?
18:25:44 >>CHARLIE MIRANDA: Right.
18:25:45 >>LINDA SAUL-SENA: Mr. Dingfelder.
18:25:48 >>JOHN DINGFELDER: Rebecca, on occasion, we hear about
18:25:53 a contract with the city that relates to a rezoning,
18:26:02 and different occasions when that's happened I recall
18:26:07 that sometimes we try and bring them together.
18:26:13 If it's the kind of contract that council would have
18:26:14 to approve, most of them we do, especially as related
18:26:18 to land, and this one might be relevant to this
18:26:22 rezoning, are we going to see these together?
18:26:25 Or is this just going to come up in some random
18:26:29 >>REBECCA KERT: Mr. Dingfelder, I assume you would not
18:26:32 hear them together and here's why.
18:26:34 The underlying property owner needs to resolve its
18:26:36 parking issue.
18:26:37 If the parking issue can get resolved, and the
18:26:42 wireless cell tower, the petition at issue here, may
18:26:45 never come before you, or it could go away tonight.
18:26:48 You are still likely to see a parking agreement
18:26:51 because the underlying property owner has an issue.
18:26:54 They are not tied together in that way.
18:26:59 >>JOHN DINGFELDER: Well, yes and no.
18:27:01 I mean --
18:27:03 >>REBECCA KERT: Let me take us another way.
18:27:06 I understand the situation that you are speaking of.
18:27:08 And there are times certainly when there's information
18:27:13 available in a contract compute dispute that you all
18:27:17 may want to see, and it would be appropriate to hear
18:27:20 it together.
18:27:20 In this case, it would not be appropriate -- there's
18:27:26 not a lot of relevance between denying a parking
18:27:29 You may not like it and you can find a reason to deny
18:27:32 it but not because someone might come want to come and
18:27:35 put a cell tower up on the property.
18:27:36 It's either okay to have the underlying parking use,
18:27:40 the parks property for their parking, or it's not, not
18:27:43 because of the potential use some day down the line
18:27:45 might want to rezone.
18:27:47 >>JOHN DINGFELDER: After Mr. Miranda's motion is
18:27:51 carried I want to make a motion about that potential
18:27:54 Mr. Miranda, I have one other question related to your
18:27:57 Does anybody else here other than Mr. KASS about this
18:28:03 cell tower? In that case with, all due respect to
18:28:07 Spencer Kass I'll agree with the motion to continue.
18:28:09 >>LINDA SAUL-SENA: Mr. Miranda, did you have a
18:28:12 specific time frame in mind?
18:28:13 >>CHARLIE MIRANDA: No, I believe the request was for
18:28:15 what date, September 24th?
18:28:18 >>JOSEPH P. CAETANO: Right.
18:28:18 >>CHARLIE MIRANDA: That's the one that I think was
18:28:21 best suited.
18:28:22 >>LINDA SAUL-SENA: There's a motion and second.
18:28:24 Any more discussion on the motion?
18:28:27 All those in favor say Aye.
18:28:32 >>MARTIN SHELBY: And that's 6 o'clock p.m.
18:28:34 >>JOHN DINGFELDER: Before they leave, and Rebecca and
18:28:36 the clerk, I want to you listen to this carefully.
18:28:40 I'm going to make a motion that that particular
18:28:42 contract, if and when it ever comes to council for
18:28:44 approval, not be on the consent agenda, that it be
18:28:48 under staff reports or special business or whatever it
18:28:52 Because I think it's extremely important that we see
18:28:55 it and we recognize it, and we know that it's there.
18:29:02 >>LINDA SAUL-SENA: There's a motion and second that
18:29:04 that will come to council for a vote, not on the
18:29:06 consent agenda.
18:29:06 >>JOHN DINGFELDER: Is that related to a specific
18:29:09 address that the clerk can make reference to?
18:29:12 >>CHARLIE MIRANDA: Yes.
18:29:12 >>LINDA SAUL-SENA: 3328 south Dale Mabry.
18:29:18 >>JOHN DINGFELDER: That's the underlying property they
18:29:21 had the parking issue?
18:29:22 >>LINDA SAUL-SENA: Any further discussion on Mr.
18:29:24 Dingfelder's motion?
18:29:26 I have a question for staffer.
18:29:27 This will be -- this will have been continued twice.
18:29:31 Can council say that it will not be continued again,
18:29:35 that everyone understands that it will be heard on
18:29:38 this date and voted up or down?
18:29:50 >>CATHERINE COYLE: Land development. I didn't hear
18:29:51 the --
18:29:52 >> Oh, it was the date that was requested that it be
18:29:55 What I'm saying on this date in September, it will
18:29:58 have been continued twice previously, can council say
18:30:01 it will not be continued after that date?
18:30:03 >>CATHERINE COYLE: At this point based on the motion
18:30:06 you made continuing several months, yes, you actually
18:30:09 do have the discretion not to grant any continual
18:30:13 answers, section 27-394E of the code allows petitions
18:30:17 to stay in the hopper so to speak for 180 days,
18:30:20 council can grant the first 30-day continuance beyond
18:30:24 And then you can grant an additional continuance for
18:30:26 extenuating circumstances.
18:30:27 This is essentially that extenuating circumstance, if
18:30:30 you grant it, do you not have to grant any additional
18:30:33 continuance from that point on based on the code
18:30:36 >>LINDA SAUL-SENA: Thank you.
18:30:42 >>> Can we address the notice issue for one second?
18:30:45 I'm sorry to barge in.
18:30:46 But we would like -- usually we notice for something
18:30:51 continued for this period of time and petitioner
18:30:53 repost the signs on the property.
18:30:54 >>LINDA SAUL-SENA: Thank you for bringing that to our
18:30:57 Petitioner, did you hear about that about reposting
18:30:59 the signs with the new September date?
18:31:00 And will you renotice the three civic associations?
18:31:05 >>> Yes, is the answer to that question.
18:31:09 Let me start with yes.
18:31:11 The second question is, signs are not a problem, the
18:31:14 three civic associations aren't a problem.
18:31:16 Are you asking me to do a full renotice like a legal
18:31:19 renotice, which I will agree to, or by the way?
18:31:22 Or are you asking me just to renotice the three civic
18:31:27 >>LINDA SAUL-SENA: Full renotice.
18:31:29 >>> We will agree to that.
18:31:30 >>LINDA SAUL-SENA: Number 3.
18:31:32 Continued public hearing from April 30th.
18:31:35 >>CATHERINE COYLE: Land development.
18:31:38 What I am going to give you tonight is a brief
18:31:40 explanation of items 3, 4 and 5 that are all related
18:31:44 to this particular case.
18:31:45 >>MARTIN SHELBY: Before we begin would you recommend
18:31:48 that we open all three together?
18:31:50 >>CATHERINE COYLE: I believe two of them together.
18:31:52 They are over the vacating and the rezoning.
18:31:54 I would ask that you open the resolution.
18:31:57 I think it's item number 4.
18:31:58 >>MARTIN SHELBY: That would be item number 4.
18:32:00 >>MARTIN SHELBY:
18:32:03 >>LINDA SAUL-SENA: A question for the clerk.
18:32:05 Have we opened all the public hearings?
18:32:07 >>THE CLERK: No, we have not.
18:32:09 >>CHARLIE MIRANDA: I move to open all the public
18:32:10 hearings that have not been heard to date.
18:32:13 Secondly, I would like to also advise the attorney, if
18:32:15 I may offer a friendly advice, that we only have five
18:32:19 members here.
18:32:21 And anyone who has a petition today is entitled to a
18:32:25 full council, I believe.
18:32:29 >>LINDA SAUL-SENA: No.
18:32:30 >>CHARLIE MIRANDA: They are.
18:32:31 I'm not.
18:32:32 They can say I have a right to a full council.
18:32:35 Is that right, sir, or not?
18:32:36 >>MARTIN SHELBY: Normally, council, traditionally, the
18:32:38 way it's been is when there is less than a full
18:32:43 council a petitioner always has a right to request a
18:32:46 >>CHARLIE MIRANDA: That's what I'm saying.
18:32:48 >>MARTIN SHELBY: The only time that this council,
18:32:50 since I have been here, has granted that as a matter
18:32:52 of right is when it would require a unanimous
18:32:56 If only four council members were present or if a
18:32:59 super majority were required and only five council
18:33:01 members were present.
18:33:02 If any petitioner wishes to ask for a continuance
18:33:06 because they wish to have a full council, that is
18:33:10 always their right to ask.
18:33:12 But it's not necessarily their right to have it
18:33:14 >>CHARLIE MIRANDA: I understand.
18:33:16 >>LINDA SAUL-SENA: Thank you.
18:33:21 >>CATHERINE COYLE: I will give awe brief explanation
18:33:22 of the items that are related to this case.
18:33:24 There are four distinct items that are related to the
18:33:28 ultimate approval of this project in order for it to
18:33:30 move forward.
18:33:31 Item number 4 is the displacement of a brick street,
18:33:34 the resolution for that.
18:33:35 There is a vacating, right-of-way vacating petition, a
18:33:38 rezoning, and contract for sale of real property.
18:33:42 With associated park maintenance agreement.
18:33:44 You will note that last week, a copy of that draft of
18:33:47 the contract for sale and agreement was sent to you
18:33:51 I'm not sure if any of you had the opportunity to read
18:33:56 In order for pieces of this to move forward -- and
18:33:59 I'll explain the contingencies that are built into the
18:34:01 project -- that agreement ultimately has to be
18:34:03 approved by City Council.
18:34:06 You will note that it's not on the agenda tonight.
18:34:08 There are a couple of pieces that are being finalized
18:34:11 by the administration.
18:34:11 However, the administration does feel it's still
18:34:13 appropriate to move forward.
18:34:14 And I'll explain why.
18:34:15 There are several contingencies built into each piece.
18:34:21 All of the items obviously open simultaneously, they
18:34:24 do relate to one another.
18:34:25 There will be a staff report to City Council for the
18:34:27 resolution of that displacement of the brick street
18:34:30 followed by a report on the vacating and finally the
18:34:32 rezoning case.
18:34:34 If council were to find the project favorable overall,
18:34:39 you would take action on the brick street resolution,
18:34:42 and action we would recommend at this point, if you
18:34:44 find it favorable, is to continue that resolution to
18:34:47 the second reading of the vacating, and the rezoning,
18:34:50 and I'll explain why a little bit later.
18:34:52 This resolution -- this is the first contingency.
18:34:55 This resolution clearly states that it is not
18:34:57 effective and made law until such time as the vacating
18:35:00 is approved.
18:35:01 That's the first level of contingency.
18:35:04 The second is if council were to approve the brick
18:35:08 street resolution the second action to be taken would
18:35:10 be on the vacating piece.
18:35:12 First release the bricks.
18:35:13 Second release the street.
18:35:15 The ordinance clearly states with vacating that it did
18:35:17 not become effective until such time that the sale of
18:35:20 contract is executed, so there's layers of obligations
18:35:25 Finally, if you were to move to approve the vacating,
18:35:28 the third action would be that it be taken on the
18:35:30 rezoning this evening.
18:35:33 >>JOHN DINGFELDER: Where is the sales contract?
18:35:35 >>CATHERINE COYLE: As I said in the beginning there's
18:35:37 a couple of pieces that are being finalized but based
18:35:39 on the contingencies built into the pieces of this
18:35:42 project, and we do plan, from what I understand, to be
18:35:45 bringing that soon to you, the way this project is
18:35:50 layered, you are able to move forward and the
18:35:53 administration feels it's appropriate to move forward.
18:35:55 You can hear these items, because, as I said, the
18:35:58 resolution for the brick street is contingent on the
18:36:00 The vacating is contingent on the sales contract.
18:36:03 Even if you were to approve a couple of pieces and the
18:36:06 sales contract isn't approved, the others go away
18:36:09 >>MARTIN SHELBY: If I can interject.
18:36:13 It was my understanding -- and he can address that if
18:36:15 he wishes and Mr. Gardner -- but my understanding is
18:36:18 that sales agreement will be on the agenda for
18:36:22 council's consideration at the time of second reading.
18:36:26 So you will have that in advance of the hearings.
18:36:29 For second reading and adoption.
18:36:35 >> At the same meeting?
18:36:36 >>MARTIN SHELBY:
18:36:42 >>> I'll have petitioner address that.
18:36:44 I was not aware of that.
18:36:45 >>JOHN DINGFELDER: This goes back to ten minutes ago.
18:36:47 Procedurally, it would be good to have them all at the
18:36:50 same meeting so at least we can look at them all,
18:36:52 understand how they all mesh together and hopefully
18:36:55 approve them all.
18:36:56 >>> Understood.
18:36:57 I think they actually believe that as well.
18:36:59 Finally, ultimately, the rezoning would be the third
18:37:02 piece to take action on, one way or the other with the
18:37:06 other two.
18:37:07 And basically the rezoning, as the legal description
18:37:09 describes, is contingent upon the vacating actually
18:37:12 being part of that legal description.
18:37:13 So they are all layered.
18:37:15 I'll let Mr. Mrs. Kabougeris address the first piece
18:37:18 which is the resolution for the displacement of the
18:37:22 brick street, I'll be addressing the vacating and Ms.
18:37:24 Dock will be addressing the rezoning.
18:37:29 >>JULIE KABOURGERIS: Legal department.
18:37:36 This portion of this project is related to the request
18:37:41 by the petitioner to displace a street with some brick
18:37:46 that lies within the requested right-of-way.
18:37:51 >>LINDA SAUL-SENA: Do you have a map?
18:37:53 >>> Being vacated.
18:38:22 >>LINDA SAUL-SENA: This isn't the week for bricks.
18:38:24 >>> It sound kind of sinister, the application to
18:38:27 displace brick street.
18:38:29 What you see what we are displacing, you will
18:38:34 >>MARTIN SHELBY: The clerk has asked me if could you
18:38:36 state your name.
18:38:37 >>> Truett Gardner, some 1 Franklin Street and I have
18:38:41 been sworn.
18:38:42 This is standing on Tampa street looking towards
18:38:45 Franklin Street, and what you are looking at is what
18:38:48 was once upon a time Harrison street.
18:38:51 It's been closed forever.
18:38:52 You can even see in the background of the picture,
18:38:56 there is a fountain that sits in the middle of
18:38:57 Harrison street.
18:38:59 The only portion of brick that remains is this portion
18:39:02 here, which is probably -- I went out there today
18:39:06 actually -- the portion is probably 30 feet in width
18:39:09 and maybe 50 feet tops in length.
18:39:13 And once you get beyond that heading east, there's no
18:39:18 brick left.
18:39:18 And I have always heard that the city has this brick
18:39:24 bank somewhere.
18:39:26 And that's always been talked about but never seen.
18:39:29 And the developer would be more than happy to donate
18:39:31 the remaining bricks to that brick site.
18:39:35 >>LINDA SAUL-SENA: Thank you.
18:39:36 That was the magic word.
18:39:41 Our attorney, or Julie?
18:39:51 Can we get that commitment in writing?
18:39:53 >>> Yes.
18:39:54 Actually the ordinance states that if the brick street
18:39:57 displacement petition is granted, or approved, that
18:40:04 the bricks will be donated, or will be able to be
18:40:07 moved and palletized and sent to the transportation
18:40:12 garage, wherever they keep the bricks, and in section
18:40:15 6 of the vacation ordinance.
18:40:17 >>LINDA SAUL-SENA: Okay.
18:40:17 Is there anyone from the audience who would like to
18:40:19 speak to this request?
18:40:20 Council members?
18:40:25 Would someone like to mover this?
18:40:28 >>MARY MULHERN: Yes, I will move.
18:40:30 This is item 4.
18:40:31 >>MARTIN SHELBY: This is item 4.
18:40:33 My suggestion would be that you know what date the
18:40:39 second reading will be set for the for the ordinances
18:40:41 and to continue this until that date rather than move
18:40:44 the resolution.
18:40:45 Because if you move the resolution it only requires
18:40:47 one reading.
18:40:48 Although there are all these contingencies, it would
18:40:50 be my recommendation that you contemplate adoption all
18:40:53 at the same time.
18:40:57 >>> Or you could wait until you make the motion at the
18:41:00 same time so you hear the case fully.
18:41:01 >>> That's actually the way we were thinking it was
18:41:05 going to ply out.
18:41:06 We'll hit on each one, and then we can make decisions
18:41:08 at the end.
18:41:11 >>CATHERINE COYLE: Land development.
18:41:14 I'm here on the vacating petition, C08-08.
18:41:20 This might give you some clarification of exactly what
18:41:23 this is.
18:41:25 Brick street.
18:41:28 You can see the property.
18:41:30 The property on either side.
18:41:32 And you will notice in yellow Harrison street right of
18:41:35 way, and the actual private alley that's part of the
18:41:44 This is the legal boundary of Harrison street, as it
18:41:50 was described in the vacating petition.
18:41:57 They are proposing the background notice in their
18:42:06 staff report is that it is related to a mixed use
18:42:09 development which you will hear in 08-45.
18:42:12 The prosecute if square feet is 7500 square feet.
18:42:18 Just to show you some photos described what this area
18:42:24 is, as you saw in Mr. Gardner's photos this is the
18:42:29 brick area here, and you will see about two and a half
18:42:32 car lengths back you will see the dirt, a clear
18:42:37 picture from the opposite view, looking back towards
18:42:39 Tampa street.
18:42:41 This is actually the right-of-way of Harrison.
18:42:44 It is basically all sand and dirt.
18:42:54 Under the recommendation of the staff report there is
18:42:56 an objection listed from the transportation planning
18:42:59 I believe that is related to the brick street itself.
18:43:05 Based solely on the technical standards of that
18:43:09 I'm available for any questions.
18:43:14 >>CHARLIE MIRANDA: Since they are objecting to it, how
18:43:16 much traffic count do we have on that street?
18:43:20 >>CATHERINE COYLE: Me riding my bike through the dirt.
18:43:22 >>CHARLIE MIRANDA: Thank you.
18:43:24 >>LINDA SAUL-SENA: Any other comments by council
18:43:26 Thank you.
18:44:16 >>LaCHONE DOCK: Land Development Coordination.
18:44:17 And I have been sworn.
18:44:20 Rezoning petition tonight, this is petition Z 08-45
18:44:24 for the property locate at 1016, 1100 and 1104 North
18:44:29 Franklin Street, 1005 and 1105 North Tampa Street, and
18:44:34 214 Tyler street.
18:44:35 The request is to rezone the property from CBD1 to
18:44:39 CBD2 to develop a mixed use project.
18:44:42 The site contains 1.27 acres.
18:44:44 The site is currently vacant along the north and west
18:44:47 and contains a commercial use from the south.
18:44:49 The proposed development includes 418 residential
18:44:52 units, 13,500 square feet of retail, office and
18:44:56 commercial space, the development is proposed 27 story
18:45:01 structure consisting of ground floor commercial,
18:45:03 retail and office uses.
18:45:05 26 stories of residential also included.
18:45:08 The total maximum building height of 340 Pete feet has
18:45:11 been proposed by the petitioner and approved by the
18:45:15 federal Aviation Authority.
18:45:16 An 8-story parking structure is proposed, incorporated
18:45:18 in the building along the north with a maximum
18:45:21 building height of 120 feet.
18:45:23 A total of 445 parking spaces are required, 521 spaces
18:45:28 are being provided.
18:45:29 The project proposes vehicular access from both Tampa
18:45:32 street and Franklin Street.
18:45:35 The proposed setbacks for the project are zero feet
18:45:38 along the north, south, east and west, as permitted in
18:45:42 the CDBG 2 zoning district.
18:45:46 The site is approving 14.6% of open space, consisting
18:45:50 of amenities and art work.
18:45:53 A waiver has been requested for the deficiency of the
18:45:56 220 square feet.
18:45:57 Approval of this rezoning request is contingent upon
18:46:00 approval of the vacating petition.
18:46:05 And I have a zoning atlas.
18:46:08 Of the area.
18:46:10 This is the site located here in green on Tampa
18:46:15 Boarded by Tyler street to the south, Royal Street is
18:46:19 just to the north, Franklin Street along the east.
18:46:25 This is an aerial of the site.
18:46:32 This is the north side of the site on Tampa street.
18:46:41 Another view of the site on Tampa.
18:46:47 That's the site on the corner of Harrison.
18:46:52 Moving further south, that's the site.
18:46:57 And this is the southern end of the site, at the
18:47:00 corner of Tyler.
18:47:03 This is south of the site.
18:47:12 Southwest of the site.
18:47:14 West of the site.
18:47:15 Another view west of the site.
18:47:22 This is located north of the site on Franklin.
18:47:25 That's the eastern side of the site on Franklin.
18:47:32 That's east of the site.
18:47:35 Southeast of the site.
18:47:39 The development review committee has reviewed the
18:47:46 petition and finds it inconsistent with applicable
18:47:48 City of Tampa land development regulations.
18:47:51 However if requested modifications are made between
18:47:53 first and second reading staff will find the request
18:47:56 consistent with the exception of transportation whose
18:47:59 objections are related to access and maneuvering.
18:48:02 It will stand.
18:48:03 On the staff report, I just wanted to go over a couple
18:48:07 of the inconsistencies that were listed.
18:48:09 I did hand out, council, for you a revision sheet
18:48:12 entitled 08-45 site plan revision sheet, has been
18:48:16 provided to the petitioner, who do agree to make the
18:48:19 changes requested.
18:48:22 With regards to transportation findings of
18:48:24 inconsistency, on page 3 of the staff report, the
18:48:27 first bullet that's noted is that the code requires
18:48:30 ingress and egress to nonresidential parking lots and
18:48:34 garages, limited to arterial or collector streets,
18:48:37 which is Franklin Street.
18:48:38 And also the second bullet that's listed is
18:48:41 transportation's request to the gate be moved 20 feet
18:48:44 to the west to the current location to provide
18:48:46 adequate turn-around.
18:48:48 The vehicles backing out on Franklin Street is a
18:48:51 safety concern.
18:48:54 The other comments are to add waivers to the site
18:48:59 And the change the wording with some of the notes on
18:49:01 the site plan.
18:49:05 On page 5 of the report, urban design had a finding of
18:49:12 I did want to point out that the items that are listed
18:49:14 on the staff report under urban design were items that
18:49:18 will be reviewed before the 30% phase of
18:49:21 construction -- or permitting.
18:49:24 Under the second bullet, the main concern was the
18:49:28 I wanted to read on the second bullet where the urban
18:49:32 design manager has requested that the petitioner would
18:49:33 add more detail, and architectural definition of the
18:49:37 parking garage.
18:49:39 Page 11-D under new structures, Tampa's CBD, urban
18:49:45 design guidelines.
18:49:46 Petitioner has agreed to add a comment to the site
18:49:48 If the comment is added to the site plan there will be
18:49:51 a finding of consistency for urban design.
18:49:54 >>LINDA SAUL-SENA: Has that been passed out to
18:49:55 >> I would like to read it into the record. No, it
18:49:57 has not.
18:50:00 This will be proposed note number 41 on the site plan.
18:50:04 It states: Parking garage, all visible sides will
18:50:08 incorporate similar detailing and architectural
18:50:10 features as contained in the main structure to
18:50:12 maintain design continuity for further CDB urban
18:50:17 design a page 11-D, pursuant to section 27-440-E, the
18:50:22 site and building design is subject to review and
18:50:24 approval by the urban design section at the following
18:50:27 stages of completion.
18:50:28 30%, 60%, and 90% of the overall project.
18:50:33 If that comment is added then it will be consistent.
18:50:36 That concludes staff's report.
18:50:39 I'm available if you have any questions.
18:50:42 >>LINDA SAUL-SENA: Council members, any questions?
18:50:49 Planning Commission staff?
18:50:50 >>TONY GARCIA: Planning Commission staff.
18:50:53 I have been sworn in.
18:50:57 Very quickly, I will get through the land use category
18:50:59 since it's the same for the entire area.
18:51:01 Future land use category central business district for
18:51:05 the proposed site.
18:51:07 Going to the aerial, I would like to let you know that
18:51:11 this is situated on the northern part of the downtown
18:51:15 core, to give you some context, the library is located
18:51:19 right here southwest of the site.
18:51:22 The staff-has already spoken to the size of the
18:51:28 structure and the intent within the building itself, a
18:51:32 mixed use project, primarily residential, and I
18:51:38 believe it's going to be a rental project which nicely
18:51:40 fills a niche which is currently required in today's
18:51:44 business climate.
18:51:47 There have been a variety of high-rises that have been
18:51:49 approved which also allows more height as you go
18:51:54 further to the north.
18:51:55 We do have just to the south, if you skip a block, the
18:51:59 element is the neighborhood just a block over which
18:52:02 has been recently completed, and we know a
18:52:08 complementary looking streetscape on both Tampa street
18:52:10 and Franklin Street, has done a nice job with the
18:52:13 streetscape there, and I'm sure, over here, it's been
18:52:19 involved with the development of that, and I'm sure
18:52:21 they are going to be involved also with the improving
18:52:22 the streetscape for this particular section, Tampa
18:52:24 street as it goes around.
18:52:27 If you have to try to negotiate when one gets off the
18:52:29 interstate over there, so that will be a challenge for
18:52:34 The site also abuts Massey park, in total, and I
18:52:40 believe there's going to be a question, if there's
18:52:46 some grass there I can visualize a nice little park
18:52:53 cafe which will be a nice little feature.
18:52:55 This is consistent with the comprehensive plans that
18:52:57 relates to future land use element, the additional it
18:53:03 supports the objectives of centralizing population in
18:53:05 proximity to major business centers and effectively
18:53:08 reduces vehicle trips and maximizing the use of public
18:53:11 facilities within the urban service area.
18:53:14 Planning Commission staff finds the proposed request
18:53:16 consistent with the comprehensive plan.
18:53:17 >>LINDA SAUL-SENA: Before we hear from petitioner, I
18:53:20 have a question for city staff, and that is, is this a
18:53:26 historic building?
18:53:30 >>DENNIS FERNANDEZ: I can address that.
18:53:32 >> Dennis Fernandez is here as well.
18:53:38 >>LINDA SAUL-SENA: Contributing?
18:53:39 >>> It's not contributing.
18:53:40 We actually went in front of the Historic Preservation
18:53:42 Commission, and in an abundance of caution and they
18:53:46 approved it.
18:53:51 It's old but not contributing.
18:53:55 >>LINDA SAUL-SENA: Thank you.
18:53:56 Do you want to start your presentation?
18:54:03 >> Truett Gardner, 10th 1 Franklin Street here on
18:54:07 behalf of Philip Smith of Crosland which is a company
18:54:10 out of Charlotte, North Carolina, Greg Minder, Intown
18:54:12 Group, and also the property owners, Robin Lane, the
18:54:15 estate of Anthony Cunningham, Martha Isaac and Jay
18:54:21 We have three requests for you tonight.
18:54:23 First vacating, second displacement of the brick
18:54:26 street and third the rezoning.
18:54:28 Last is the issue which is the sale.
18:54:30 Mr. Dingfelder, we can address the generalities of
18:54:34 You will have a better understanding of where we are
18:54:37 heading and the principles behind that arrangement.
18:54:40 We originally filed this application in April 08 and
18:54:46 were working on it months before that so we have been
18:54:49 at it for about a year and a half, and it's been an
18:54:53 absolute odyssey and we are happy to be in front of
18:54:55 you tonight.
18:54:56 During this time the credit markets have frozen, stock
18:54:59 markets have tanked, one of the property owners
18:55:01 actually on the site passed away, and last but not
18:55:04 least we elected our first African-American president,
18:55:08 and those are just the big events.
18:55:11 I think when you see the project, you will realize why
18:55:14 it's persevered, and you also realize the
18:55:18 determination and its ability once things start to
18:55:20 turn around to be able to deliver this project.
18:55:23 In all sincerity we thank everyone especially staff
18:55:26 for working with us.
18:55:27 It's been a long haul and they have been very patient.
18:55:29 And again we are excited to, we hope you will find it
18:55:34 to be a very promising project.
18:55:36 And I know we have got some timing issues.
18:55:38 As I mentioned earlier, I think it would be better if
18:55:41 we just hear it all and then go back to each of the
18:55:45 three requests that you will be voting on tonight.
18:55:49 The first is the vacating request.
18:55:51 And again, Cathy showed this but I will provide a
18:55:57 little more of an explanation to it along with the
18:56:02 discussion of the sale agreement.
18:56:05 The highlighted portion is Harrison street that we are
18:56:09 proposing to vacate.
18:56:14 The way the city plat runs, and so that you may be
18:56:17 aware of this, if you drew a straight line from this
18:56:20 point over to Tampa street, everything below that line
18:56:24 is in the original plat of the City of Tampa, meaning
18:56:27 the city owns -- actually it's one of the rare
18:56:30 instances where the city owns the underlying property.
18:56:33 When you go north of that imaginary line that I draw
18:56:36 with my finger, it's in the plat of north Tampa, or
18:56:41 also known as Clark subdivision.
18:56:43 So that vacating process, which is why we have a
18:56:47 closure, and then -- from the southern portion is the
18:56:55 part that's privy to the arrangement.
18:56:59 So that's the Harrison street portion.
18:57:01 And another portion which Cathy also pointed out.
18:57:04 And this was the history given the age of this plat,
18:57:09 is this 5-foot alley.
18:57:12 So Tigert owns the property to the west, a portion of
18:57:18 Massey sits on the east, I not utilize as part of the
18:57:21 park at all, but we did a title search and the city
18:57:24 reviewed all of its record, and nobody knows who owns
18:57:29 The city says that they don't think that they do.
18:57:32 So we thought the cleanest way would be to just vacate
18:57:35 it just in case.
18:57:38 So that's why that's been brought up to this.
18:57:42 Then lastly again, I know I shared this but this is a
18:57:46 reminder of what we are dealing with.
18:57:49 This is a picture from the opposite direction that I
18:57:51 showed you before, just standing on Franklin looking
18:57:55 to the west, to Florida.
18:57:58 And it shows you the condition of the road and --
18:58:09 pedestrian traffic.
18:58:13 Lastly, just one issue.
18:58:18 The city transportation does have the technical
18:58:20 But we also talked to FDOT which is also a big player
18:58:24 in this, because of Tampa street, and they have no
18:58:29 objections at all.
18:58:31 The objections that they were planning on placing a
18:58:34 jail on this property, but we later met with them, and
18:58:38 the plans for a jail, they quickly removed their
18:58:42 We were happy with the removal moving of the objection
18:58:48 as well as the jail.
18:58:50 Secondly the displacement of brick street I think we
18:58:54 covered that.
18:58:55 But again just to refresh your memory on what we are
18:58:57 dealing with there, this is the only portion that
18:59:00 remains it at all of Harrison street that we propose
18:59:04 to vacate, that has brick.
18:59:06 And again we would be more than amenable to placing
18:59:08 this in the city's brick bank, so to speak.
18:59:15 Lastly is our rezoning request.
18:59:17 And this is pertains to the structural design of the
18:59:24 As mentioned in your backup materials look pretty
18:59:27 haughty with a lot of comments and things of that
18:59:30 The reason being we went through so many iterations of
18:59:33 this project and killed so many trees in the process
18:59:37 that comments kept evolving and changing as the site
18:59:41 plan changed.
18:59:42 What we would like to do is tidy everything up between
18:59:45 first and second reading.
18:59:46 None of them are major changes, all minor changes.
18:59:49 We would be more than happy to do that.
18:59:50 And we are agreeable with all the changes with the
18:59:53 exception of a couple of the transportation ones, and
18:59:55 we can elaborate on those if you like.
18:59:58 If you have any questions we would be happy to answer
19:00:01 I am going to let Greg minder and Phyllis Smith go
19:00:05 through the project, present it, which is you will
19:00:10 want to see, and one thing in addition, we talked to
19:00:12 each of the neighborhood associations as well as the
19:00:16 residences of Franklin, which is immediately north,
19:00:22 and everybody is 100% agreeable and in support of the
19:00:26 project. So with that, I turn if over to Bruce Smith.
19:00:28 >> Bruce Smith, 5201 West Kennedy Boulevard.
19:00:38 I have been sworn.
19:00:40 I am the vice-president for Crosland LLC, a Charlotte
19:00:44 North Carolina based real estate development company,
19:00:46 several different divisions, contracting, retail,
19:00:49 I head up their residential division for the State of
19:00:52 My office is here in Tampa.
19:00:54 And I live in Tampa.
19:00:57 Overall, why are we here?
19:01:01 What's interesting about this project?
19:01:03 Philosophically, there's always been something very
19:01:06 compelling about this particular location.
19:01:09 We as a company have a passion for urban in-fill
19:01:13 properties and for housing in general.
19:01:15 You will see me come before you and talk about all
19:01:17 sorts of different kinds of housing from affordable to
19:01:19 high end luxury.
19:01:20 Tonight it happens to be high-rise.
19:01:23 But it's a very strong focus for our company.
19:01:26 We have a lot of very successful, well located mixed
19:01:29 use projects in urban environments like this.
19:01:32 And the thing that was the most compelling to me
19:01:34 coming from the outside several years ago, looking at
19:01:36 opportunities downtown, is what we saw as the really
19:01:40 interesting evolution of Franklin Street.
19:01:43 And in fact just in the year and a half that we have
19:01:46 spent going through this project, it's been very
19:01:49 striking to us just to see what's happened while we
19:01:52 have been in the process.
19:01:53 Forget about what it is that we were hoping and
19:01:54 thinking would happen.
19:01:56 We are very excited about that.
19:01:57 We remain very excited about.
19:01:59 That obviously we are in an interesting time right
19:02:02 And it's a little unusual, probably hear about luxury
19:02:05 high-rise apartments in this environment.
19:02:07 But if you are a developer now is the sort of time to
19:02:11 focus on the approval side of things.
19:02:13 And then get all your ducks in a row and hopefully
19:02:16 when things turn around we'll be well poxed --
19:02:19 positioned and do our part to contribute to downtown
19:02:24 >> It will be shovel ready.
19:02:25 >>> That's right, that's the idea.
19:02:28 The park is another key and interesting component of
19:02:33 That's a real gem of a place that hasn't been fully
19:02:36 realized yet, in our opinion.
19:02:41 Putting people into it, cross activating it, lighting
19:02:46 it up, I think is going to be a very valuable,
19:02:49 positive contribution to that area of Franklin Street
19:02:52 and also be a good anchor for the contending
19:02:54 residential area that you have seen move up the
19:02:57 I think the term gateway is probably overused by
19:03:00 developers, but I think most people would agree this
19:03:02 is a very prominent location, as you come down off of
19:03:05 one of the two primary ramps going into the Ybor City.
19:03:09 So clearly there's a strong sense of obligation on our
19:03:12 part to do the right thing not just from site planning
19:03:15 or urban planning but from an architectural standpoint
19:03:18 as well.
19:03:19 My background is in architectural design, I'm LEED
19:03:24 We have a sustainability department in our company
19:03:26 that researches sustainable technologies.
19:03:28 It's a part of our planning, it's a part of our
19:03:31 thinking, it's a part of our mind-set, and it will be
19:03:34 part of this project as well.
19:03:40 Just to talk very generally about the project.
19:03:42 Greg is going to give you some details, and I would
19:03:45 like though to thank Greg and Truett.
19:03:49 It's been a long road but it's going to be worth it.
19:03:51 The building because of its prominence, I think in my
19:03:54 humble opinion, deserves something that is understated
19:03:58 and also very well detailed.
19:04:00 We are not going for what style are you log for, but
19:04:06 if we had to put it in some context, certainly art
19:04:11 deco architecture was a great influence to us because
19:04:13 it lends itself very well to buildings of this size
19:04:16 and scale, and also lends itself very well to get
19:04:22 intricately detailed, and those things are very
19:04:24 important to us as owners and operators, and investors
19:04:27 as well.
19:04:29 So with that, I will introduce Greg and answer your
19:04:31 questions, right now, if you have any, or I can come
19:04:34 up whenever you like.
19:04:38 >>> Before Greg speaks, I want to butt in for one
19:04:42 And it was mentioned.
19:04:44 The vacating, that was south of my imaginary finger
19:04:49 What has happened since that involves a sale is the
19:04:52 city has gone out, got an appraisal for that portion,
19:04:56 valued it, and then basically the developer will take
19:05:01 over the maintenance of the park at a level that
19:05:04 equates to the value of that.
19:05:10 Make the park in -- maintain the park in perpetuity
19:05:13 with the funds that are out there as part of his
19:05:16 One other thing, that I know some of you will know the
19:05:20 buzz words, but Philip didn't do quite good enough job
19:05:24 of tooting his horn.
19:05:26 His boss, the head of Crosland, is actually the
19:05:29 chairman or past chairman -- the chairman of the Land
19:05:34 You can see their dedication to this cause, and it's
19:05:37 been an amazing process to go through with them.
19:05:41 David took Greg and the architects up to New York.
19:05:45 Unfortunately they didn't take their land use attorney
19:05:47 for inspiration, and.
19:05:54 >> Thanks, Truett.
19:05:58 I think that's really the building's design and
19:06:00 The building as Philip needed to have a presence, and
19:06:05 a feeling of prominence, and also of pedestrian scale.
19:06:11 It's a little challenge to mix and blend the site
19:06:14 lines and exposure of this project.
19:06:16 Franklin Street corridor, matched with Tampa street,
19:06:20 D.O.T. right-of-way, the off-ramp for 275, down the
19:06:25 expressway, it's really viewed in the round.
19:06:28 There is no back door.
19:06:29 It's a very challenging site.
19:06:31 And even more so than some of the more than more
19:06:35 southern blocks they had adjacent substantial
19:06:37 This we take that all into account as we set address
19:06:46 the challenges and take them one by one.
19:06:48 We put it into our rezoning that we will hit at 30, 60
19:06:53 and 90% review times for both the building and the
19:06:56 We never feel like we are completely done until we are
19:06:59 ready to put a shovel in the ground and be shovel
19:07:01 We are not quite shovel ready but we design and share
19:07:05 with you the concept, and also be able to verify for
19:07:08 us our costs, our design, and our programming needs
19:07:14 meets our needs from an underlying writing standpoint.
19:07:17 We balance those in the information amount of
19:07:19 information we presented here.
19:07:20 The park is such a beautiful component of downtown.
19:07:24 One of the things that hasn't been mentioned is there
19:07:26 is a fence around the park.
19:07:28 We believe that fence should come down.
19:07:29 We believe the public should have access to that park
19:07:32 all the time.
19:07:33 And I think one of the worries today is safety and
19:07:36 security are paramount, obviously, and that putting a
19:07:39 fence and controlling access to that park provides the
19:07:44 greatest amount of safety and security.
19:07:46 But we think long-term that it needs to be a public
19:07:49 open space and needs to remain that.
19:07:54 Maintenance as well.
19:07:55 We actually agree with Parks Department to do public
19:07:59 hearings improving the park and making investments.
19:08:02 So there's always a strange balance of how much is the
19:08:04 value of maintenance because you don't know the final
19:08:07 When can't do the final program until we have a public
19:08:10 So we. Come to a conclusion on that.
19:08:14 The Parks Department has been great to work with.
19:08:16 So because of the pedestrian movements along Franklin
19:08:19 Street and the new general area, we wanted to
19:08:22 reconnect the grid.
19:08:23 That sound strange because of the fact we are vacating
19:08:26 the right-of-way but we actually have a connection
19:08:28 through the park so we don't create another pedestrian
19:08:33 super block, which is an important component to us and
19:08:35 to me personally.
19:08:36 We have done that in all the projects that I have been
19:08:38 involved with, and we want to do it again here to make
19:08:41 sure that people do not have to walk the entire block
19:08:44 in order to access the other side of it.
19:08:46 That's shown on your site plan, and part of the
19:08:51 project that we will be implementing.
19:08:52 The streetscape plan is meant to be along an extension
19:08:57 of the current streetscape of north Franklin street,
19:09:01 the music building.
19:09:02 We want to continue that all the way around.
19:09:05 So the far northern reaches of the project, and the
19:09:08 project limits, in order to provide some continuity to
19:09:14 the neighborhood.
19:09:15 So that integration we think is very critical in the
19:09:17 overall design.
19:09:18 We can't just land a tower in the middle of the block
19:09:21 without addressing how it matches the balance of the
19:09:25 The scale of the neighborhood is well defined in our
19:09:31 One of the things we focus on is obviously trying to
19:09:33 address doing a taller building in the neighborhood
19:09:35 that has some smaller structures, and yet has some
19:09:39 heavily entitled properties immediately adjacent to
19:09:42 Catter-corner to this.
19:09:44 And a catter-corner to this and one block away from
19:09:48 that, improve projects that are substantial, 30
19:09:53 stories and 25 stories respectively, and then the
19:09:57 "element" which I am one of the developers of is a
19:10:00 35-story building two blocks south.
19:10:02 So it's somewhere there's got to be a transition
19:10:06 between the two, and this project really does a good
19:10:09 job of that.
19:10:09 We hope the density is away from, putting it more on
19:10:13 Tampa street and allowing the park to be that buffer,
19:10:15 and then the parking garage, because it's a lower
19:10:18 structure, kind of meeting and matching the residences
19:10:21 of Franklin, we worked through some of the issues with
19:10:23 the residents, and really when we had the discussion,
19:10:28 their corridors for their homes will face this parking
19:10:31 But because of code we actually put a solid wall there
19:10:35 any way, so and we address those design concerns and
19:10:40 feel comfortable with that.
19:10:42 I think e-mails of the staff are regarding that issue.
19:10:45 The base of the building is strong.
19:10:47 It's really meant to be deco design.
19:10:50 The building of the building will extend that deco
19:10:53 feeling with the our own Florida interpretation of
19:10:57 kind of a burnham deco style which is different from
19:11:02 Miami deco style as you can see.
19:11:04 Whenever you say deco in this market, the immediate
19:11:05 move is involved with Caribbean.
19:11:10 Over in Channelside it would be more of a steeper
19:11:14 Miami deco in my opinion, than moving toward the other
19:11:19 But we hope we bring brought the massing in order to
19:11:22 oh address how Franklin relates to the project, park
19:11:26 relates to the project, and how Tampa street relates
19:11:28 to the project and 275, which has a more prominent
19:11:34 presence along that corner.
19:11:36 So that was a tough challenge in the way of balancing
19:11:39 those things.
19:11:39 Then going down to microscales, you can see how at the
19:11:42 park level there's some detailing that will certainly
19:11:45 break down the massing of the building, and also we
19:11:47 have a colonnade that wraps the entire base, so the
19:11:53 building footprint is actually carved back in, with
19:11:56 substantial height, so it creates an extension of that
19:11:59 public open space.
19:12:01 We wanted to make sure that it is a pedestrian that
19:12:05 you didn't hit a brick wall literally when you go to
19:12:09 the bidding, that there is a softer movement, a softer
19:12:11 approach, and then the ground floor retail space,
19:12:17 other elements, we don't know what those will be yet.
19:12:20 They will be inviting and will create those cross
19:12:23 pedestrian patterns that Philip was mentioning, making
19:12:28 people want to come in and cross into the park to get
19:12:30 to the other side.
19:12:31 There's a purpose, and there's a for example meeting
19:12:34 for why you are in the park while you are adjacent to
19:12:36 the park and going through the park.
19:12:38 Day think it's a destination, and it will become an
19:12:41 integral part of the neighborhood.
19:12:45 The final design of the park is still -- parking deck
19:12:50 is still open.
19:12:51 We discussed how the elements are addressed.
19:12:54 This is an artist's rendering, this is not a final
19:12:58 Some of those comments we will be addressing to make
19:13:00 sure they are incorporated into the design of the
19:13:02 You do see the amenity level of the building is
19:13:05 located on top of the parking garage overlooking the
19:13:08 It's really the most appropriate place, certainly not
19:13:10 a ground floor of the area, really virtually visible
19:13:19 for someone walking down the street, and an
19:13:22 interesting space for people that live in the bidding.
19:13:26 Really strong presence here, and part of the
19:13:29 architecture is the park, the lobby of the building
19:13:32 will be on the park because we think that's the most
19:13:35 important place, and we actually designed the building
19:13:37 and the parking garage so that as people arrive home
19:13:41 they always have to walk through the lobby of the
19:13:43 building, because they think the park is such a great
19:13:45 feature that they should enjoy that and not cross
19:13:48 directly over into the building, and miss the
19:13:51 opportunity and enjoy that public open space and that
19:13:55 pedestrian area on Franklin.
19:13:58 So I probably could talk about this for a long period
19:14:01 of time.
19:14:01 There's a lot of thought put into this design.
19:14:03 I can't go into it fully tonight but I'm willing to
19:14:07 answer questions.
19:14:07 >>LINDA SAUL-SENA: Thank you.
19:14:09 Council members, any questions right now?
19:14:11 Is there anyone from the public that would like to
19:14:13 >>MARTIN SHELBY: Clerk, for the clerk, give your name
19:14:19 >> Gregory Minder, Intown Group.
19:14:21 >> Thank you very much, sir.
19:14:23 I'm sorry, Madam Chairman.
19:14:26 >>LINDA SAUL-SENA: I have a question.
19:14:27 Well, not a question, really, a comment.
19:14:29 And that is, my one concern you addressed with this
19:14:33 additional paragraph about the garage.
19:14:36 Specifically, the Tampa side.
19:14:38 Typically the garage literally take is a blank slate
19:14:42 at this point.
19:14:43 And this says to me that you are committed to make it
19:14:46 interesting, because when I saw the elevation, I was
19:14:50 very concerned that there's nothing there.
19:14:52 And I feel like the building immediately to the north
19:14:55 of you is very unfortunate.
19:14:58 I don't remember approving it, I swear, that they
19:15:01 would have surface parking on the ground floor, and it
19:15:04 appears from your drawing that you have got active
19:15:06 retail spaces on the ground floor, or job lobby.
19:15:10 >>> It's our intent to activate as much as we can, and
19:15:13 we have not finished the design yet, and we'll solve
19:15:16 that issue, but it's been one of our design
19:15:20 Having addressed the building that's in the round and
19:15:22 finding a way to address that sequence is very
19:15:27 important, so we will continue to address that along
19:15:29 with the design manager.
19:15:30 >>LINDA SAUL-SENA: One of the conversations we have
19:15:33 been everything about downtown is trying to focus the
19:15:37 cut-through car traffic on Tampa street, so that we
19:15:39 can make Ashley more pedestrian oriented.
19:15:43 So we are going to have a lot of cars going by there,
19:15:45 and it needs to be interesting.
19:15:46 >>> When we talked to D.O.T., we suggested signaling
19:15:51 that intersection as a component of our discussion,
19:15:55 because it's something that's kind of outside the
19:15:58 realm of our project.
19:16:00 There's a lot more to a study that allows for that.
19:16:04 But we did have that discussion, and we do think
19:16:07 that's an appropriate place for the signal, so the
19:16:11 traffic come down and control the grid.
19:16:15 >>MARY MULHERN: I agree with you.
19:16:18 But did you get a good reception?
19:16:25 >>> It wasn't a bad reception at all.
19:16:27 They were very easy to work with, when we came to how
19:16:30 we handled traffic and transportation issues along
19:16:33 Tampa street.
19:16:38 We had some issues with our loading area and they
19:16:40 worked with us pretty well.
19:16:43 >>MARY MULHERN: Maybe you could suggest to them two
19:16:45 waying that street.
19:16:45 >>> At one point in this project we had two wayed
19:16:50 Tyler as part of our contingency, and again it's just
19:16:54 broader than the project, and a little too
19:16:57 So we narrow down the focus of the project, to what we
19:17:01 could control.
19:17:02 >>LINDA SAUL-SENA: Mr. Dingfelder, then Mr. Caetano.
19:17:09 >>JOHN DINGFELDER: The project looks real exciting,
19:17:13 Good luck.
19:17:14 Just a couple of technical points, probably toward
19:17:20 Paragraph 6 in the developments notes kind of speaks
19:17:24 to some of the things that I believe you were
19:17:29 referencing in the new paragraph 41, and it says
19:17:34 building is preliminary subject to adjustments, final
19:17:38 architectural plans, et cetera, but your new paragraph
19:17:41 41 speaks to 60-90, right?
19:17:45 >>LINDA SAUL-SENA: Why don't we get a copy made of
19:17:48 this for everybody?
19:17:54 >>JOHN DINGFELDER: She didn't give us 41.
19:17:56 She read it into the record.
19:17:58 >>> We have a reference to -- and number 16.
19:18:01 We reference 30, 60, 90.
19:18:04 But I believe --
19:18:06 >> Paragraph 41, what was it?
19:18:08 >>> It was a comment that specifically asked for a
19:18:11 commitment to the garage but then also referenced 30,
19:18:14 60, 90 again, which is like it is.
19:18:20 >>JOHN DINGFELDER: It bothers me a little bit.
19:18:26 And I see what you're saying in regard to that.
19:18:30 But number 6 -- I'm just wondering if 6 is
19:18:40 And 16 as well.
19:18:43 >>> I think if you prefer --
19:18:45 >> Why don't you take a look at that --
19:18:48 >>> We could take out the 30, 60, reference and still
19:18:50 leaves in 16 but still makes the commitment on the
19:18:54 >>LINDA SAUL-SENA: 41 is the best.
19:19:00 >>> We can replace 41 -- replace 16 with 41.
19:19:07 >>JOHN DINGFELDER: Cathy, you guys look at that
19:19:09 between first and second reading.
19:19:11 Or do we need to make that decision tonight?
19:19:14 >>CATHERINE COYLE: Land development.
19:19:15 You will actually need to direct us on which notes
19:19:17 should come in and out.
19:19:18 We just read them.
19:19:19 It looks like 6 could come out because it's very
19:19:22 41, which I personally wrote, is more explanatory of
19:19:27 exactly what should occur.
19:19:28 >>JOHN DINGFELDER: We'll take that as your
19:19:31 recommendation, so when we make the motion we'll
19:19:33 strike 6.
19:19:35 And then my other question is paragraph 13 which says
19:19:40 the applicant maintains separate wet zoning
19:19:46 That's sort of gratuitous, but you threw it in.
19:19:49 Again, I don't want anybody to think just because it's
19:19:51 on here we are approving it that we are sort of
19:19:53 preapproving any wet zonings.
19:19:55 So I would say we should strike 13 as well.
19:19:57 >>> In full candor, that's been in downtown rezoning
19:20:03 from the past, it doesn't do anything.
19:20:08 We did a separate process, back to the process on
19:20:12 element, but we would be fine with removing that.
19:20:21 >>REBECCA KERT: You usually have, I believe, a
19:20:23 condition that reads a little differently, that
19:20:24 clarifies the alcoholic beverage sales will be
19:20:27 handled -- this is worried a little differently and
19:20:30 I'm not comfortable with it either, so if he's happy
19:20:34 to take that out.
19:20:35 >>JOHN DINGFELDER: Other than those trivialities, good
19:20:41 >>> LaShon asked, Greg can explain this but this has
19:20:46 come up again in all the downtown developments.
19:20:48 We are not agreeing to transportation's second
19:20:53 objection, which is the moving of the gate 20 feet to
19:20:58 the west.
19:21:02 >>> We have always had this disagreement but I think
19:21:09 the intent is someone who approaches the gate to be
19:21:11 able to turn around, essentially get back out to the
19:21:17 Patrols today allow us to do something than we used
19:21:20 There's a 15 minute window of time built into the
19:21:23 parking controls of the project so if there's no
19:21:26 parking available they can enter the garage and leave
19:21:28 the garage without any charge, and it's all automated.
19:21:31 So it actually removes the need for a turnaround.
19:21:34 And we implemented that in multiple projects, and we
19:21:37 hadn't had any issues with that since we opened
19:21:42 SkyPoint or element.
19:21:43 >>JOHN DINGFELDER: Did staff buy that or what?
19:21:51 >>> It's just an objection they have had to each of
19:21:53 our rezoning requests.
19:21:55 >>JOHN DINGFELDER: Once you explained it, why didn't
19:21:59 they get it?
19:22:00 >>> They just would prefer it that way.
19:22:03 It's the YIN and Yang of providing a 20-foot area,
19:22:08 that if they needed parking spaces when you had the
19:22:11 solution, that actually works, and it's we have to
19:22:17 object and deal with that.
19:22:21 >>LINDA SAUL-SENA: Mr. Caetano.
19:22:23 >>JOSEPH P. CAETANO: You are going to take
19:22:24 responsibility for the park.
19:22:26 Does that include liability, also?
19:22:30 >>> Yes, I believe that is -- we will not be owning
19:22:40 the park, just to clarify that, but just a maintenance
19:22:42 >> A maintenance agreement but what if somebody gets
19:22:45 hurt in the park?
19:22:46 Who do they sue, the city?
19:22:48 >>> We are going to rely on the city's sovereign
19:22:54 They'll own the park.
19:22:55 It's just basically straight up maintenance.
19:22:59 >> Maybe you will cover the liability insurance.
19:23:04 >>LINDA SAUL-SENA: The city owns the park.
19:23:05 >> Oh, okay.
19:23:08 >>LINDA SAUL-SENA: Any other questions?
19:23:10 Is there a motion to close?
19:23:12 Motion and second to close.
19:23:13 All in favor say Aye.
19:23:15 Mr. Dingfelder.
19:23:17 >>JOHN DINGFELDER: First a comment.
19:23:18 I think Mr. Shelby's point was well taken earlier,
19:23:21 that we should move the zoning tonight for first
19:23:24 reading, allow staff and the applicant to do the
19:23:29 normal things between first and second reading but I
19:23:31 think we should carry over the other -- are they both
19:23:36 >>MARTIN SHELBY: No, the only one is a that is a
19:23:40 resolution is the brick street --
19:23:43 >> But the vacating takes two readings or no?
19:23:46 >>> yes.
19:23:47 >> I guess we should read the vacating for first
19:23:49 reading but carry over the resolution until the second
19:23:52 reading, I guess.
19:23:55 >>> Mr. Shelby, am I correct that the sale agreement
19:23:57 is also a single reading?
19:24:00 The sale agreement and displacement of the brick
19:24:02 street is a single reading?
19:24:04 >>> That's my understanding.
19:24:08 >>MARTIN SHELBY: The resolution for the sale, would be
19:24:11 by resolution.
19:24:12 >>> We would be fine with proceeding with first
19:24:14 reading on the vacating and the rezoning and leaving
19:24:17 the displacement and the -- or you could go ahead and
19:24:21 do the displacement if you prefer, and the sale
19:24:25 agreement for the second reading and would have an
19:24:27 opportunity to hear both.
19:24:28 >>MARTIN SHELBY: By motion you just closed the public
19:24:31 hearing on 4.
19:24:32 You can still continue with the public hearing closed
19:24:34 or you can reopen the public hearing if you wish to
19:24:36 take any additional comment on it.
19:24:37 It's better just to reopen it, and then continue that
19:24:40 one, number 4.
19:24:51 >>JOHN DINGFELDER: Do you have that ordinance?
19:24:52 >>LINDA SAUL-SENA: Clerk, did I ask for public
19:24:56 >>THE CLERK: On the brick street?
19:25:00 >>LINDA SAUL-SENA: No, rezoning.
19:25:06 >>LINDA SAUL-SENA: Motion and second to reopen.
19:25:08 All in favor say Aye.
19:25:09 Thank you.
19:25:10 Is there any public comment on if rezoning?
19:25:14 Or the vacating.
19:25:19 I don't hear any.
19:25:20 So --
19:25:23 >> 3, 4 or 5.
19:25:29 >> Resolution, 4.
19:25:31 >>MARTIN SHELBY: You will know the date before.
19:25:35 >>LINDA SAUL-SENA: Is there a motion to close then 3
19:25:37 and 5?
19:25:37 >> So moved.
19:25:38 >> Second.
19:25:38 >>LINDA SAUL-SENA: Motion and second to close 3 and 5.
19:25:41 All in favor?
19:25:43 Is there a motion?
19:25:47 Mr. Dingfelder?
19:25:48 >>JOHN DINGFELDER: Vacating, number 3.
19:25:55 Move an ordinance vacating, closing, discontinuing,
19:25:59 and abandoning a certain right-of-way a portion of
19:26:02 east Harrison street and a portion of an alleyway
19:26:05 lying south of Royal Street, north of Tyler street,
19:26:07 east of Tampa street, and west of Franklin Street, in
19:26:10 the city of Tampa, Florida the same being more fully
19:26:12 described in section 2 hereof providing an effective
19:26:14 >>LINDA SAUL-SENA: I think the grid is super important
19:26:16 and I would not be supportive if you were not creating
19:26:19 that mid block creation and I think what you are
19:26:21 giving the city is much better than what we have now.
19:26:23 So based on that I am supporting it.
19:26:25 All in favor say Aye.
19:26:27 Opposed, Nay.
19:26:28 >>THE CLERK: Motion carried with Scott and Miller
19:26:30 being absent.
19:26:31 Second reading and adoption will be on July 16th
19:26:34 at 9:30 a.m.
19:26:35 >>LINDA SAUL-SENA: Number 5.
19:26:49 >>JOHN DINGFELDER: Move an ordinance rezoning property
19:26:51 in the general vicinity of 1016, 1100 and a 1104 North
19:26:56 Franklin Street, 1005 and 1105 North Tampa Street and
19:27:01 214 Tyler street in the city of Tampa, Florida and
19:27:03 more particularly described in section 1 from zoning
19:27:05 district classifications CBD-1 central business
19:27:09 district, vacant, commercial, to CBD2, central
19:27:13 business, district, residential, retail, office,
19:27:16 commercial, providing an effective date, and to
19:27:17 incorporate a new note 41 to strike note 6, and 13 off
19:27:24 of the draft plans, and to add the various notes from
19:27:31 staff that were given to us -- I don't know if they
19:27:37 are dated.
19:27:41 To incorporate the site plan revisions sheet for the
19:27:47 08-45, undated.
19:27:51 Let's try to date it in the future.
19:27:54 >>LaCHONE DOCK: With the exception of bullet number 2.
19:27:58 >>JOHN DINGFELDER: With the exception of bullet number
19:27:59 2 and transportation as related to the moving of the
19:28:03 >>LINDA SAUL-SENA: There's been a motion by Mr.
19:28:05 Dingfelder, a second by Mr. Miranda.
19:28:06 Any discussion on the motion?
19:28:08 All those in favor say Aye.
19:28:10 Opposed, no.
19:28:13 >>THE CLERK: Motion carried with Scott and Miller
19:28:15 being absent.
19:28:15 Second reading and's adoption will be on July 16th
19:28:18 at 9:30 a.m.
19:28:20 >>JOHN DINGFELDER: I'll move to continue item 4 to
19:28:22 July 16th at the same time.
19:28:24 >>LINDA SAUL-SENA: Motion and second.
19:28:27 Any discussion?
19:28:30 Thank you.
19:28:30 We are going to take a five-minute recess.
19:41:23 >>LINDA SAUL-SENA: City Council is called back to
19:42:36 Roll call.
19:42:41 >>JOSEPH P. CAETANO: Here.
19:42:42 >>LINDA SAUL-SENA: Here.
19:42:44 >>CHARLIE MIRANDA: Here.
19:42:45 >>MARY MULHERN: Here.
19:42:46 >>JOHN DINGFELDER: Here.
19:42:50 >>LINDA SAUL-SENA: Thank you.
19:42:51 We are now at number 6.
19:42:54 We need to open the public hearing.
19:42:58 >> It's already open.
19:42:59 >>LINDA SAUL-SENA: They are all open.
19:43:01 >>LaCHONE DOCK: Land Development Coordination.
19:43:03 I have been sworn.
19:43:04 The next item on tonight's agenda is petition Z 09-18
19:43:08 for the property located at 10015 north Nebraska
19:43:13 The request is to rezone the property from CI and CG
19:43:17 to CI commercial intensive.
19:43:21 The potential increase of use is on the site.
19:43:23 The CI zoning requires a minimum of 10,000 square
19:43:26 feet, and the site contains approximately 33,434
19:43:30 square feet of the, with 244 feet of frontage and 222
19:43:36 This is a Euclidean rezoning request and therefore
19:43:38 must comply with all City of Tampa land development
19:43:41 regulations at the time of permitting.
19:43:50 I have a zoning atlas.
19:43:52 This is the site located on green in Nebraska.
19:43:54 As you can see there's a mix of commercial general,
19:43:56 and CI commercial intensive zoning running along
19:43:59 Nebraska, with the RS-50 zoning along the east of the
19:44:05 This is an aerial of the site.
19:44:14 This is the site located on Nebraska.
19:44:20 Another view of the site.
19:44:22 >>LINDA SAUL-SENA: Can I ask a question about that?
19:44:24 >>LaCHONE DOCK: Sure.
19:44:26 >>LINDA SAUL-SENA: Are we looking -- the picture that
19:44:28 you just had up with the trees, could you put that
19:44:31 back up?
19:44:33 >>LaCHONE DOCK: This one?
19:44:36 >>LINDA SAUL-SENA: What direction are we looking in?
19:44:39 >>> That is on Nebraska, looking towards the east.
19:44:45 So if you are on Nebraska you would enter this way.
19:44:48 And the main building is there.
19:44:53 So on the map, on the zoning atlas, if I can show
19:44:56 that, that is here, on this end here.
19:44:59 You come up Nebraska, look east.
19:45:01 That's this piece here.
19:45:07 >> Are those trees on the site?
19:45:15 >>> This tree?
19:45:18 This tree, I believe, is.
19:45:21 This is located south of the site on Nebraska.
19:45:30 Southwest of the site.
19:45:33 West of the site.
19:45:38 Another view to the west.
19:45:42 This is east of the site.
19:45:45 >>JOHN DINGFELDER: Across the street?
19:45:48 Across the street?
19:45:50 >>LaCHONE DOCK: No, this is on the corner of 9th.
19:45:53 That's the east, as far as the northern end of the
19:45:56 The site is more like an "L."
19:45:59 Do you want me to show you on the atlas?
19:46:07 >> No.
19:46:07 >>LaCHONE DOCK: Thank you.
19:46:09 This is the east side of the site on 9th street.
19:46:14 This is east of that on 9th.
19:46:20 This is the view looking north on 9th street.
19:46:26 For the one house that we saw on the end of that
19:46:28 corner down there.
19:46:34 The development review committee has reviewed the
19:46:36 petition and finds it consistent with Land Development
19:46:38 >>JOHN DINGFELDER: Question.
19:46:41 On the zoning atlas, you are showing a PD across
19:46:46 9th street.
19:46:47 >>LaCHONE DOCK: Yes.
19:46:49 >>JOHN DINGFELDER: Is that that two-story house?
19:46:51 >>LaCHONE DOCK: Yes, it is.
19:46:53 That's correct.
19:46:54 >> Why?
19:46:55 >>> It was for a living facility.
19:46:57 I checked into our records and that's what the PD was
19:47:00 approved for.
19:47:01 So it wasn't approved for commercial use.
19:47:05 >>JOHN DINGFELDER: Okay.
19:47:06 And the other question I had is the CI, greater
19:47:11 intensity than the CG, partial CG that's on there now?
19:47:15 >>LaCHONE DOCK: Yes.
19:47:16 >>JOHN DINGFELDER: So what type of buffering?
19:47:19 I mean, if you want to put that picture back up of
19:47:22 9th, it looked like a nice little street.
19:47:26 With obvious residential uses.
19:47:28 What type of buffering would be required for the CI as
19:47:35 it relates to that residential street?
19:47:39 >>LaCHONE DOCK: Yes, they would be required to put up
19:47:41 a six-foot masonry wall and have a 15-foot buffer
19:47:44 against the residential.
19:47:45 >> Against the residential?
19:47:47 >>> Yes.
19:47:48 The residential is to the north.
19:47:50 South of the site is commercial.
19:47:53 >>JOHN DINGFELDER: But how about on the face, on the
19:47:58 9th street face?
19:47:59 What do they have to put?
19:48:01 >>LaCHONE DOCK: They have to put a 6-foot masonry
19:48:04 They had to meet code for the CI requirements, or they
19:48:07 would have to request a waiver of that code.
19:48:08 So they had to put a 6-foot masonry wall or request a
19:48:12 waiver for a fence.
19:48:13 >> So they have to box that whole leg of the "L" in
19:48:16 with the masonry wall?
19:48:20 >>> They would have to go against 9th and then
19:48:23 north here because that's abutting residential on
19:48:26 those two sides.
19:48:27 >> What do they abut --
19:48:29 >>> On the south is CG, commercial general.
19:48:31 >> It looks like there's a sliver in there --
19:48:35 >>> The PD is across the street.
19:48:37 >> No, does PD go up and abut against it?
19:48:43 >>> It does.
19:48:43 On this location is the building of the building and
19:48:45 this is vacant here so next door to the.
19:48:49 >> Who would they ask the waiver from?
19:48:51 >>> Done administratively to request a waiver of that.
19:48:57 >>LINDA SAUL-SENA: Any other questions by council?
19:48:59 I have a question.
19:49:01 We have said that CI is more intensive than CG.
19:49:05 >>LaCHONE DOCK: Yes.
19:49:07 >> Would they be able to do what they want to do with
19:49:10 the CG?
19:49:11 >>> They would not currently.
19:49:15 I believe they have their vehicles that park on the
19:49:17 property, and under PG they would not allow that, to
19:49:23 have the number of vehicles they would like to have.
19:49:24 I think the petitioner can explain more on his
19:49:27 intended use of the property but on CG he wouldn't
19:49:30 have been able to.
19:49:31 >>LINDA SAUL-SENA: Okay, thank you.
19:49:32 Any other questions by council members?
19:49:34 Would the petitioner come up?
19:49:36 >>LINDA SAUL-SENA: I think we have planning ding.
19:49:43 Tony, please come up.
19:49:44 A silly oversight.
19:49:47 >>TONY GARCIA: Planning Commission staff.
19:49:48 I have been sworn.
19:49:50 Some additional comments and maybe I can add some
19:49:53 additional perspective to your questions, Mr.
19:49:57 The site is on north Nebraska Avenue, in the general
19:50:02 vicinity of the university area, the predominant area
19:50:05 along Nebraska is heavy 24, residential 10 here,
19:50:08 residential 20 to the east, the PD that Ms. Dock was
19:50:13 referring to was a PD for essentially for a veterans
19:50:20 It probably rings a bell for you now, for veterans to
19:50:23 be able to live there.
19:50:24 That's what that PD was for.
19:50:26 The request, what's good about the request even though
19:50:29 it's going to be for higher intensity, by going to the
19:50:32 site you can't see, what they are doing is they have
19:50:38 pods come in north furniture.
19:50:41 Outdoor storage is not allowed in CG category.
19:50:44 That's why they are asking for CI.
19:50:45 You have more stringent requirements as relates to
19:50:48 buffering and screening, so they will have to put the
19:50:50 six-foot masonry wall.
19:50:52 Also as far as the interface of the residential aspect
19:50:54 of 9th street to the east on that site, probably
19:50:57 to also be further mitigated by additional type of
19:51:01 plantings, for some additional landscape, maybe some
19:51:06 vines could be put on there as a recommendation to
19:51:09 make it a little more pleasant to the eye as one goes
19:51:11 down the street of 9th street.
19:51:13 That's another thing they could potentially propose,
19:51:18 also within the purview of the request, and the Land
19:51:20 Development Code to do that for the masonry wall.
19:51:23 So there is also additional buffering that's required.
19:51:26 So requirements are much more stringent.
19:51:29 Plus they can't ask for a waiver for access to 9th
19:51:31 street to access to commercial business which runs on
19:51:34 the face of Nebraska.
19:51:35 Planning Commission staff finds the proposed request
19:51:38 consistent with the comprehensive finding.
19:51:40 >>LINDA SAUL-SENA: Thank you.
19:51:43 >> Gardner bailies representing Bi Rite companies,
19:51:55 Inc., of Tampa.
19:51:56 Thank you for letting me be here this evening.
19:52:00 As I mentioned the petition is for Euclidean zoning to
19:52:03 commercial intensive, and specifically you are
19:52:05 interested in putting up storage unit for additional
19:52:10 Which you are not allowed to do currently.
19:52:12 You may notice they are allowed to put storage
19:52:16 containers on each vacant lot, which allows -- they
19:52:19 have two vacant lots, and they would like to dress the
19:52:21 place up a little bit with a storage facility within
19:52:25 the confines of the code.
19:52:30 I appreciate your consideration.
19:52:31 >>LINDA SAUL-SENA: Thank you.
19:52:32 Any questions?
19:52:33 I have a question about the trees.
19:52:36 You weren't taken down any of the trees on the site,
19:52:38 are you?
19:52:39 >>> I do not expect we need to.
19:52:41 I mean, that will be reviewed when it goes to land
19:52:44 But we have had a tree survey done, a survey of the
19:52:49 property done, and it looks like we don't have to take
19:52:52 down any of the trees that are over like four inches,
19:52:57 I think.
19:53:01 We really don't expect to have to access 9th
19:53:04 street at all and the trees are there.
19:53:07 It will stay green from the photographs.
19:53:09 >>LINDA SAUL-SENA: Anyone from the audience?
19:53:12 Mr. Dingfelder?
19:53:12 >>JOHN DINGFELDER: You heard the questions earlier,
19:53:16 clearly 9th street seems like a nice little
19:53:20 residential street, and I would hope that your client
19:53:23 has sensitivity to that, not only with the masonry
19:53:27 wall but also with landscaping that Tony was referring
19:53:30 >>> Absolutely.
19:53:32 In fact, our client, when they did the original
19:53:34 development of this project, 6,000 square foot retail
19:53:38 store, built in 1999.
19:53:41 They set the fence back 15 feet additionally off the
19:53:45 right-of-way at that time, at the request of the
19:53:51 People wanted to park cars there on the right-of-way
19:53:54 of 9th street.
19:53:55 They are no longer doing it but they are certainly
19:53:57 considered to the -- considerate to the neighborhood.
19:54:00 At this time, there is a string of oaks along the
19:54:03 fence line which is 15 feet of the property, and it's
19:54:07 pretty substantial buffering buffer as it is.
19:54:10 I don't anticipate those to be impacted by the
19:54:13 >>LINDA SAUL-SENA: Thank you.
19:54:16 Anyone from the audience?
19:54:19 There's a motion and second to close.
19:54:20 All in favor say Aye.
19:54:29 >>MARY MULHERN: I move an ordinance rezoning property
19:54:31 in the general vicinity of 10015 north Nebraska Avenue
19:54:36 in the city of Tampa, Florida more particularly
19:54:38 described in section 1 from zoning district
19:54:40 classifications CI commercial intensive and CG
19:54:44 commercial general to CI commercial intensive,
19:54:47 providing an effective date.
19:54:49 >>LINDA SAUL-SENA: Thank you.
19:54:50 There's been a motion by Mrs. Mulhern, a second by Mr.
19:54:53 Any discussion?
19:54:53 All those in favor say Aye.
19:54:55 Opposed, say.
19:54:56 Passed unanimously.
19:54:57 Thank you.
19:54:57 >>THE CLERK: Motion carried with Scott and Miller
19:55:00 being absent.
19:55:00 Second reading and adoption will be on July 16th
19:55:03 at 9:30 a.m.
19:55:04 >>LINDA SAUL-SENA: Thank you.
19:55:05 Number 7.
19:55:46 >>LaCHONE DOCK: Land Development Coordination and I
19:55:48 have been sworn.
19:55:48 The next item on tonight's agenda is petition Z 09-17
19:55:53 for the property located at 4109 and 4111 West Cypress
19:55:59 The petitioner wishes to rezone the property from
19:56:02 RS-50 residential single-family and CN commercial
19:56:05 neighborhood to PD planned development to construct a
19:56:09 two-story, 2,573 square foot structure containing
19:56:10 business, professional office uses.
19:56:12 The site contains 5,150 square feet.
19:56:15 The plan to put in ground floor parking with offices
19:56:18 located on the second floor.
19:56:19 The proposed PD setbacks are as follows.
19:56:22 To the north, 18 feet.
19:56:24 East 5 feet.
19:56:25 South 27 feet.
19:56:26 West 5 feet.
19:56:27 The maximum building height is proposed at 32 feet.
19:56:31 A total of 9 parking spaces are required and 8 spaces
19:56:34 are being provided.
19:56:36 The waiver is requested for the deficiency of the one
19:56:39 The site is surrounded with residential to the north,
19:56:42 commercial to the west, and the interstate 275 to the
19:56:49 And I have an atlas of the local area.
19:56:54 This is the site located here in green on cypress.
19:56:58 We have the interstate bordering it to the south.
19:57:01 This is Lois here to the west.
19:57:03 It is surrounded with RS-50 zoning to the north, and
19:57:06 you have residential office, RO-1 zoning district to
19:57:10 the west and CN to the east.
19:57:15 This is an aerial of the site.
19:57:22 This is the site on cypress.
19:57:30 This is east of the site.
19:57:32 North of the site on Grace.
19:57:40 Northwest of the site on Grace.
19:57:43 This is west of the site on cypress.
19:57:49 Another view west on cypress.
19:57:52 This is just west of the site.
19:57:59 And this is south of the site.
19:58:04 The development review committee has reviewed the
19:58:07 petition and finds it inconsistent with City of Tampa
19:58:09 Land Development Code.
19:58:10 However, if the applicant revises the site plan with
19:58:13 the required notes and site plan revisions as stated
19:58:16 in the report between first and second reading the DRC
19:58:19 will amend its determination and amend its
19:58:20 determination and find the petition consistent.
19:58:22 What I did, council, is I handed out a sheet entitled
19:58:26 Z09-17 site plan revision sheet, has been provided to
19:58:29 the petitioner.
19:58:29 They do agree to make the changes that are listed on
19:58:31 the sheet.
19:58:35 All the other changes were adding the comments to the
19:58:40 site plan, the note on the site plan.
19:58:44 I did want to point out on page 3 of the staff report,
19:58:47 transportation, they are consistent finding an
19:58:50 interest consistency.
19:58:51 Under the first bullet they are stating actually that
19:58:53 the code requires commercial driveways to measure 10
19:58:57 They are asking that the petitioner correct that
19:59:00 measurement actually on the west side.
19:59:06 Of the drive and, and he has agreed to do that.
19:59:11 Right now it measures at 5 feet.
19:59:14 And that concludes staff presentation.
19:59:16 I'm available if you have any questions.
19:59:19 >>LINDA SAUL-SENA: Thank you.
19:59:19 Planning Commission?
19:59:28 >>TONY GARCIA: Planning Commission staff.
19:59:29 I have been sworn.
19:59:31 Some additional comments as relates to the
19:59:32 comprehensive plan.
19:59:34 The site is located just outside of the Westshore
19:59:36 business district boundaries, is located in close
19:59:39 proximity to the Westshore business district as well
19:59:40 as international mall, both identified as activity
19:59:46 centers in the comprehensive plan.
19:59:48 You will notice the land use rat category is
19:59:51 residential 20 which allows consideration of low
19:59:53 intensity office use, of which the applicant is
19:59:55 requesting this evening before you.
19:59:58 There are several other office uses that are on
20:00:04 existence on this northern face of cypress or have
20:00:06 been approved by this body over the last several
20:00:09 One of these homes
20:00:12 This is residential 10.
20:00:14 This is RMU 100 because it's part of the Westshore
20:00:17 business district.
20:00:18 Here's interstate 275.
20:00:21 Of course, this is cypress.
20:00:22 This is Lois.
20:00:23 They are both collector roads.
20:00:25 Here is the little yellow house that Ms. Dock had
20:00:28 shown you.
20:00:29 The applicant is providing adequate buffering and
20:00:31 screening from their proposed development to that one
20:00:34 residential piece that is directly interface.
20:00:40 This is an office use.
20:00:41 As I said before, a couple of residences have already
20:00:44 been approved for office use.
20:00:46 They just have not had the timing, I guess, to go
20:00:49 ahead and convert to that which is really why we don't
20:00:52 have a solid sidewalk going on this particular segment
20:00:55 of Cypress Street going to this intersection of Lois
20:00:59 and cypress, which has had some significant
20:01:02 improvements done to the intersection as regards to
20:01:04 pedestrian access.
20:01:07 This is fenced off.
20:01:10 This is a gas station.
20:01:12 Tough larger office structures on the west side of
20:01:14 cypress leading down to Westshore.
20:01:17 Planning Commission staff, based on all these findings
20:01:20 of fact, found the proposed request consistent with
20:01:22 the comprehensive plan.
20:01:23 >>LINDA SAUL-SENA: Thank you.
20:01:29 Come on up, give us your name and address.
20:01:41 >>> Any my name is Nelson Priede, in Lutz, and I have
20:01:47 been sworn.
20:01:49 >>LINDA SAUL-SENA: Council members, do you have any
20:01:52 Mr. Dingfelder?
20:01:53 >>JOHN DINGFELDER: I do.
20:01:54 Good evening, sir.
20:01:58 We have seen this type of design, which looks very
20:02:01 nice with the Mediterranean roof and that sort of
20:02:07 But my question relates to the covering of the garage,
20:02:11 especially as it faces the front on cypress, and the
20:02:17 Because I think you have a back door neighbor who is
20:02:23 It's not necessarily showing on your drawing any type
20:02:26 of screening, vines, lattice, anything to kind of make
20:02:34 it so as you are driving by you aren't necessarily
20:02:36 looking at the right at the cars, and conversely, the
20:02:39 folks from your rear wouldn't be looking out their
20:02:42 backyard at a parking garage.
20:02:44 So do you have any thoughts on along those lines?
20:02:47 >>> Yes.
20:02:48 The city talked to us about that, and we cannot put a
20:02:52 block wall.
20:02:53 >> Right.
20:02:53 >>> Because there's an easement there.
20:02:55 But they are requesting and we agreed to put a PVC
20:03:00 fencing, some nice design work in PVC fencing to go
20:03:05 along the north end of the property, and also along
20:03:07 the west end of the property.
20:03:09 >>JOHN DINGFELDER: So on your backside, you are
20:03:15 putting up a wall or a fence, so they are not going to
20:03:19 be looking at your garage.
20:03:21 How about on the cypress side?
20:03:22 We wouldn't allow a fence.
20:03:24 But I'm talking about to cover your arched openings as
20:03:29 you look into the garage.
20:03:31 Any thoughts there?
20:03:34 >>> No.
20:03:42 It's 50 by 103 so parking is critical.
20:03:45 >> I'm not insinuating we eliminate any parking.
20:03:48 All I'm talking about is some type of screening so
20:03:50 visually you are not just looking straight in at a --
20:03:57 because your cars, they don't come in to each curb
20:04:00 individually, do they?
20:04:01 They must drive right in.
20:04:03 >> Well, they come in off of cypress.
20:04:05 The build building has to be elevated, except that
20:04:10 parking where the elevator is going to be.
20:04:13 I will be happy to put lattice work anywhere if it's
20:04:15 feasible and makes sense and doesn't interfere with
20:04:18 any parking, that's not a problem.
20:04:20 We haven't given any thought to that.
20:04:21 >> Maybe between first and second reading, staff, you
20:04:24 know what I'm talking about?
20:04:25 Maybe we can include a note, a PD, a note to visually
20:04:34 screen the cypress side on those arches?
20:04:38 >>LaCHONE DOCK: Land Development Coordination.
20:04:40 I would like to mention that the petitioner has been
20:04:42 working with the urban design manager, because the
20:04:45 property is located in the Westshore overlay district,
20:04:48 and what he did do, in fact if I could put the
20:04:52 elevation up and show.
20:04:55 He's proposing -- cars would actually come in.
20:05:06 This is where the cars would enter to the site.
20:05:15 This is the door to enter into the actual building
20:05:18 And he's actually putting up, actually including a
20:05:21 window here, at the request of the urban design
20:05:25 He could work with urban design again if that is your
20:05:28 wish, for some type of screening.
20:05:30 But I guess the screening would be on this side,
20:05:34 versus over here.
20:05:36 This is --
20:05:37 >> So next to the door, right now, is a big open
20:05:41 >>LaCHONE DOCK: Correct.
20:05:43 Right now it is.
20:05:44 >>JOHN DINGFELDER: I guess that spot would be the
20:05:46 opportunity to try and screen.
20:05:48 >>> Well, their intention is to put a window in that
20:05:52 They did work with the urban design to do that.
20:05:54 >> I guess Wilson is on the same page then.
20:05:59 Thank you.
20:05:59 And there would be a note along those lines?
20:06:01 >>> As part of the revision sheet that was submitted.
20:06:06 >>LINDA SAUL-SENA: Any other questions?
20:06:07 Is there anyone from the public who would like to
20:06:09 speak on this petition?
20:06:10 >>CHARLIE MIRANDA: Move to close.
20:06:12 >> Second.
20:06:14 >>LINDA SAUL-SENA: there's a motion and second to
20:06:17 All in favor say Aye.
20:06:22 >>CHARLIE MIRANDA: I move an ordinance rezoning
20:06:24 property in the vicinity of 4109 and 4111 West Cypress
20:06:29 street in the city of Tampa, Florida more particularly
20:06:32 described in section 1 from zoning district
20:06:33 classifications RS-50 residential single-family to CN
20:06:37 commercial neighborhood, to PD planned development,
20:06:42 business professional, providing an effective date,
20:06:44 along with that, Madam Chair, the site plan revision
20:06:50 sheet on Z 09-17 as requested by the City of Tampa.
20:06:56 >>LINDA SAUL-SENA: There's been a motion by Mr.
20:06:58 Miranda, seconded by Ms. Mulhern.
20:07:00 Any discussion on the motion?
20:07:01 All those in favor say Aye.
20:07:03 Opposed, Nay.
20:07:03 Passed unanimously.
20:07:05 >>THE CLERK: Motion carried with Scott and Miller
20:07:07 being absent.
20:07:07 Second reading and adoption will be on July 16th
20:07:10 at 9:30 a.m.
20:07:12 >>LINDA SAUL-SENA: Thank you.
20:07:12 Number 10.
20:07:19 Oh, I'm so sorry.
20:07:20 Number 8.
20:07:41 >>LaCHONE DOCK: Land Development Coordination.
20:07:43 And I have been sworn.
20:07:43 The next item on tonight's agenda is petition number V
20:07:47 09-275 for the property locate at 4212 North Boulevard
20:07:53 The request is for special use for a place of
20:07:56 religious assembly.
20:07:57 The property is currently zoned RS-50 residential
20:08:01 The request is to allow for expansion of an existing
20:08:03 place of religious assembly.
20:08:05 The site contains 4.52 acres.
20:08:08 The current place of assembly is one story and
20:08:11 contains a total of 12,351 square feet.
20:08:14 This request is to allow the addition of a one-story,
20:08:18 5,968 square foot building for fellowship uses.
20:08:22 The maximum building height proposed is 27 feet.
20:08:26 The proposed building setbacks are as follows: To the
20:08:29 north, 108.75 feet.
20:08:31 To the south, 1041.78 feet.
20:08:34 To the east, 311.33 feet.
20:08:37 To the west, 193.64 feet.
20:08:40 The proposed use requires 60 spaces, bade based on the
20:08:44 200 seat capacity, 62 spaces are provided.
20:08:51 And I have an atlas.
20:08:54 This is the site located in green, on North Boulevard.
20:09:02 Heights Avenue is located south of the site.
20:09:03 And the street is located north surrounded with RS-50
20:09:07 zoning, to the south, and also on the east, an RS-50
20:09:12 to the north.
20:09:14 This is an aerial of the site.
20:09:21 This is a view of the site on North Boulevard.
20:09:25 This is the south side of the site.
20:09:33 This is the north side of the site.
20:09:38 Another picture log north.
20:09:46 This is located north of the site.
20:09:51 That's to the east of the site.
20:09:56 Another view east.
20:10:00 This is looking south on North Boulevard.
20:10:05 And this is south of the site on North Boulevard.
20:10:10 The development review committee has reviewed the
20:10:13 petition and find it inconsistent with the applicable
20:10:15 City of Tampa land development regulations.
20:10:17 However, if the applicant revises the site plan with
20:10:20 the required notes and site plan revisions between
20:10:23 first and second reading the DRC will amend the its
20:10:28 decision and find the petition consistent.
20:10:30 On page 2 of the staff report I did want to point out
20:10:35 that transportation had a finding of inconsistent,
20:10:40 with the sidewalk, the minimum five foot on the public
20:10:44 right-of-way, that is part of the actual revision
20:10:47 sheet that is listed and a note has been requested on
20:10:50 the site plan with compliance of that section of the
20:10:53 The petitioner does agree to that note.
20:10:55 Also, on the parks and recreation, their finding of
20:11:01 inconsistent is related to notes and dimensions being
20:11:04 added to the site plan.
20:11:05 Stormwater is requesting notes on the site plan to
20:11:08 show the proposed type of drainage easement over the
20:11:11 existing ditch in the southeast corner.
20:11:13 The petitioner has agreed to do that, also.
20:11:18 And notes are provide to provide the dimensions on the
20:11:22 site plan and add additional notes on the site plan.
20:11:24 >>LINDA SAUL-SENA: Thank you.
20:11:25 Are there any questions by council members?
20:11:28 I have a question.
20:11:29 I'm looking at the site plan.
20:11:30 And it appears that there's some really significant
20:11:33 trees, it looks like a 40-inch tree over on the east
20:11:39 side of the property, a 27-inch tree, and it looks
20:11:43 like there's a circle around it.
20:11:45 Does that mean that the trees are permanently
20:11:46 protected by an island or ballard or something like
20:11:50 They are in the southern quadrant of the property.
20:11:57 >>LaCHONE DOCK: Yes, that is the tree barricade.
20:12:01 >> But the tree barricades aren't just for
20:12:04 construction, they are permanent barricades?
20:12:06 >>> Let me check.
20:12:09 For the petitioner, these are just landscape ballards,
20:12:17 so they are existing.
20:12:20 >>LINDA SAUL-SENA: Great.
20:12:23 Planning Commission?
20:12:24 >>TONY GARCIA: Planning Commission staff.
20:12:27 I have been sworn.
20:12:31 The site is located within the boundaries of the south
20:12:34 Seminole Heights neighborhood association.
20:12:37 As you can see the land use category is residential
20:12:40 And most of the surrounding area is residential 10.
20:12:43 There's a little CMU 35 here, as one gets to the
20:12:46 intersection of MLK, and North Boulevard.
20:12:51 Let me show you the area to give you the area.
20:12:55 Here's the site we are talking about right here.
20:12:57 As you can see, this is fairly close proximity to the
20:13:01 Hillsborough River.
20:13:05 On this site, Tampa Catholic high, and their field,
20:13:11 and over here some apartments, the CVS store which is
20:13:14 right at MLK and North Boulevard is right here, the
20:13:19 last time we met you did a rezoning over here, to give
20:13:24 you an idea as to the section where you are located
20:13:28 There are several other places of worship on this
20:13:30 particular segment of North Boulevard.
20:13:32 The request is really for an ancillary use to the
20:13:35 existing church use which has been a part of the
20:13:38 fabric of the community for awhile.
20:13:39 This is basically going to support the church related
20:13:44 activities so it's not going to create any additional
20:13:47 traffic impacts of at any other times of the week.
20:13:50 Planning Commission staff found the request proposed
20:13:53 request consistent with the comprehensive plan.
20:13:55 >>LINDA SAUL-SENA: Thank you.
20:14:04 >>> Dick La Rosa with Hamilton engineering surveying,
20:14:10 New Port.
20:14:10 I have not been sworn.
20:14:13 >>LINDA SAUL-SENA: While we are at it, anybody else
20:14:14 who hasn't been sworn, please stand.
20:14:18 (Oath administered by Clerk)
20:14:19 >>> Name I'm here this evening with Michael Hawthorne,
20:14:27 the architect, Dr. Cho on the building committee and
20:14:30 pastor Kim for this request.
20:14:33 We do agree to the notes and the conditions
20:14:37 We worked with staff on this site plan.
20:14:41 It is for an ancillary use for a cafeteria, but
20:14:45 generally it will be for Sunday lunches, there may be
20:14:47 some council special indications for events that do go
20:14:51 It is for the existing parishioners.
20:14:53 In conjunction with this request some of the items
20:14:55 that wove done, that you see on the site plan,
20:14:58 extending the sidewalk there along North Boulevard,
20:15:01 adding some hedges as well for buffering and screening
20:15:04 of the existing viewway areas, we will be granting a
20:15:10 train drainage easement for the city because there is
20:15:13 a drainage culvert that does go through there.
20:15:16 One of the -- there is a grand tree, and between this
20:15:23 reading and second reading going to look to relocate a
20:15:26 ramp that's shown on there further away from that tree
20:15:29 and will add a note to Lentil over the footings.
20:15:32 I talked with Mary about that.
20:15:33 She was very pleased to hear that.
20:15:35 So we will work with staff.
20:15:36 We will agree to the conditions.
20:15:37 If there are any questions, I would be happy to answer
20:15:41 >>LINDA SAUL-SENA: Any questions by council members?
20:15:43 Is there anyone from the public who would like to
20:15:45 speak on this?
20:15:46 >>CHARLIE MIRANDA: Move to close.
20:15:48 >> Second.
20:15:49 >>LINDA SAUL-SENA: Motion and second to close.
20:15:52 All in favor to close?
20:15:54 Passed unanimously.
20:15:56 Mr. Caetano.
20:16:00 >>JOSEPH P. CAETANO: An ordinance approving a special
20:16:02 use permit S-2 approving a place of religious assembly
20:16:06 in an RS-50 residential single-family zoning district
20:16:10 in the general vicinity of 4212 North Boulevard street
20:16:14 in the city of Tampa, Florida, and more particularly
20:16:17 described in section 1 hereof approving waivers as set
20:16:20 forth herein providing an effective date.
20:16:26 >>LINDA SAUL-SENA: I think it includes --
20:16:29 >>JOSEPH P. CAETANO: This includes the site plan, and
20:16:32 I will give it to the clerk.
20:16:37 >>LaCHONE DOCK: Also what the petitioner stated, the
20:16:40 >>LINDA SAUL-SENA: Also the Petitioner has committed
20:16:42 to relocating a ramp to better protect the tree.
20:16:47 Any other discussion by council members?
20:16:49 All those in favor say Aye.
20:16:51 Opposed, Nay.
20:16:52 Passed unanimously.
20:16:53 >>THE CLERK: Motion carried with Scott and Miller
20:16:55 being absent.
20:16:56 Second reading and adoption will be on July 16th
20:16:58 at 9:30 a.m.
20:17:00 >>LINDA SAUL-SENA: Thank you.
20:17:00 Number 10.
20:17:23 >>LaCHONE DOCK: Land Development Coordination.
20:17:25 I have been sworn.
20:17:27 The last item on tonight's agenda is for Z 09-20, from
20:17:34 PD planned development to PD planned development, to
20:17:38 allow for expansion and place of religious assembly.
20:17:45 The development was approved in 2001 for place of
20:17:48 religious assembly, and proposing a new building
20:17:50 toward the western portion of the site.
20:17:52 The petitioner seeks to modify the previously approved
20:17:55 design, beyond administrative changes permitted
20:17:59 through a nonscheduled change determination.
20:18:02 The requested modifications include reorienting the
20:18:05 entry on the eastern side of the existing building,
20:18:08 the second story addition of 2,084 square feet, a
20:18:14 reconfiguration of a portion of the parking area and
20:18:17 inclusion of the stairwell on the west of the existing
20:18:21 All the proposed development includes the feature
20:18:24 11,200 square foot building on-site.
20:18:27 It will remain the same.
20:18:29 The site plan contains a table which addresses the
20:18:33 development, previously approved and proposed for
20:18:36 phase one and the overall development.
20:18:38 The site contains 57,577 square feet.
20:18:43 The overall PD setbacks are as follows: North 17
20:18:47 feet, south 32 feet, west and east 40 feet.
20:18:51 The proposed use requires 125 parking spaces, and 47
20:18:57 parking spaces are being provided.
20:18:58 A waiver for the deficiency, other spaces, has been
20:19:10 The zoning atlas of the area.
20:19:12 This is the site located on Palm Avenue, boarded with
20:19:16 Jefferson along the east, Morgan to the west of the
20:19:22 It's surrounded -- actually a PD zoning south of the
20:19:25 site and a couple of PDs within the southern portion
20:19:29 of the site and of the area, surrounded with RM 24
20:19:38 This is an aerial of the site.
20:19:42 This is the site on Palm Avenue.
20:19:53 This is another view of the site on palm.
20:19:57 And this is going further west.
20:20:00 This is the site on palm.
20:20:08 This is west of the site.
20:20:12 Locate located north of the site.
20:20:17 This is the alley south of the site.
20:20:23 This is south of the site on oak.
20:20:27 Another view to the south.
20:20:31 And another view south of the site.
20:20:38 The development review committee has reviewed the
20:20:40 petition and find it inconsistent with applicable City
20:20:42 of Tampa land development regulations.
20:20:45 However, if the requested modifications are made
20:20:47 between first and second reading, staff will find the
20:20:50 request consistent.
20:20:52 The petitioner also was before the architectural
20:20:55 review commission.
20:20:56 They did vote to recommend approval of the project.
20:20:59 It was presented to the board on June 1st, 2009.
20:21:03 With the following considerations.
20:21:05 ARC staff will improve the sign, the pedestrian gate,
20:21:10 circumference fence, per site plan dated April
20:21:13 30th, 2009.
20:21:15 Council also included a site plan revision sheet
20:21:18 entitled Z 09-20 site plan, they are to make the
20:21:26 revisions on the site plan.
20:21:27 That would conclude staff's presentation.
20:21:29 I'm available if you have any questions.
20:21:30 >>LINDA SAUL-SENA: Thank you.
20:21:31 Are there any questions?
20:21:32 I have a question about the -- this is within the
20:21:36 Tampa Heights overlay district.
20:21:43 That's reviewed by the ARC.
20:21:47 >>LaCHONE DOCK: The Tampa Heights historic but not
20:21:49 within the overlay.
20:21:50 >>LINDA SAUL-SENA: Okay.
20:21:51 Do we have any drawings -- oh, we'll see that.
20:21:58 Thank you.
20:21:59 Planning Commission?
20:22:00 >>TONY GARCIA: Planning Commission staff.
20:22:06 I have been sworn.
20:22:08 The site as Ms. Dock stated to you is in Tampa Heights
20:22:14 It is just west of Ybor City.
20:22:19 There is Florida Avenue.
20:22:20 The Florida land use over here, heavy commercial 24.
20:22:23 Then the unique category which we don't get to see
20:22:25 very often, residential 83.
20:22:28 There's not too many areas of the city that has R-83.
20:22:32 Then you have R-35 to the north.
20:22:36 She also stated in her presentation, the vast majority
20:22:40 of the project has already been approved previously.
20:22:43 What they are basically coming in for this evening is
20:22:45 to modify the existing structure, basically adding a
20:22:48 second story to it, and of course access from north
20:22:52 Jefferson street, basically see that highlighted on
20:22:56 your site plan.
20:22:57 Also, I believe in the illustration, the applicant
20:23:01 will present to you, will clearly illustrate that on
20:23:04 the site plan, too.
20:23:05 It does have to adhere to the requirements within that
20:23:11 historic park of Tampa Heights, and as has already
20:23:14 been stated to you by Ms. Dock, it already has been to
20:23:16 ARC with their approval. Planning commission staff
20:23:21 found the proposal consistent with the comprehensive
20:23:22 >>> Good evening.
20:23:39 Ralph Shuler, the petitioner and agent for the temple,
20:23:51 North Howard Avenue.
20:23:51 This is kind of the clean-up really, that came here in
20:23:55 2001, wanted to build a larger temple, that larger
20:23:59 temple hasn't happened yet, in the interim worry going
20:24:02 to renovate the building.
20:24:05 Add a second story.
20:24:07 They worship differently than most other people.
20:24:09 It's more of a self-service type worshiping.
20:24:15 They also have certain requirements, that they need to
20:24:20 enter from the east.
20:24:21 Currently they enter from the north which is not
20:24:23 really correct.
20:24:24 So a lot of little things that had to happen.
20:24:27 I can quickly go through what ARC has approved.
20:24:30 This was again contained of done backwards to some
20:24:33 degree, because we thought pat PD was still in effect,
20:24:39 and got the ARC approval about 18 months ago.
20:24:43 That is still in effect, and I can quickly go through
20:24:47 the elevations of that.
20:24:50 So the site planning is going backwards to some
20:24:54 But I think you will be happy to see what's
20:25:04 Again what LaShon showed you, this is the existing
20:25:07 We are going to add a very small structure to the
20:25:09 rear, as really just for access to second floor stairs
20:25:14 and elevators, and entering from the east.
20:25:18 We will still have an entrance from Palm Avenue, but
20:25:21 that's really for the more of a public place, more
20:25:30 normal day-to-day activities, not worship themselves.
20:25:34 And this is phase one.
20:25:37 In phase two, which I'm not really sure when that
20:25:42 would happen, but that would happen in the future,
20:25:44 would be again what was approved in 2001, which is a
20:25:48 larger temple facility, which is proposed to be about
20:25:52 11,000 square feet.
20:25:55 Additional parking will be proposed.
20:25:56 When that happens.
20:25:58 Again, they worship different.
20:26:03 200 cars aren't going to come here on a Sunday to
20:26:06 They are going to come and go during the week.
20:26:09 So that's why everyone feels fine with less parking
20:26:15 than normally required.
20:26:19 This is what's been approved through ARC.
20:26:24 I believe it was in January of 2008.
20:26:26 What we have is an existing structure here.
20:26:31 Again to the rear.
20:26:32 When you see the other elevations you will get a
20:26:34 better perspective.
20:26:36 This is the addition, the additional temple portion
20:26:41 here, and having some large kind of like steeples onto
20:26:48 the rear also.
20:26:51 This is the Jefferson street, secondary entrance here,
20:26:54 which allows you to enter from the east.
20:26:57 Again, this basically one third is where the majority
20:27:01 of the new addition is, where the front two-thirds is
20:27:05 renovated, but just more mass structure.
20:27:16 To the west, which would be internal elevation to the
20:27:24 site, has similar detailing.
20:27:26 There's an exterior stairs, the secondary means of
20:27:32 ingress for the worship on the second floor.
20:27:37 Lastly, facing the alley, is the rear of the
20:27:44 structure, at least my detailing.
20:27:52 >>LINDA SAUL-SENA: Thank you.
20:27:52 Council members, do you have any questions?
20:27:54 Is there anyone from the public who would like to ask
20:27:58 about this?
20:27:58 >>CHARLIE MIRANDA: Move to close.
20:28:03 >>LINDA SAUL-SENA: Motion to close and a second.
20:28:05 All in favor say Aye.
20:28:13 >>CHARLIE MIRANDA: Move an ordinance rezoning property
20:28:14 in the general vicinity of 311 east Palm Avenue, city
20:28:17 of Tampa, Florida, more particularly described in
20:28:19 section 1 from zoning district classification PD
20:28:21 planned development, place of religious assembly, to
20:28:24 PD, planned development, place of religious assembly,
20:28:29 providing an effective date.
20:28:29 >>LINDA SAUL-SENA: Is there a second?
20:28:31 Thank you, there's been a motion and second.
20:28:33 Any discussion?
20:28:34 All those in favor say Aye.
20:28:36 Opposed, Nay.
20:28:37 Passed unanimously.
20:28:38 >>THE CLERK: Motion carried with Scott and Miller
20:28:40 being absent, Dingfelder being absent at vote, second
20:28:43 reading and adoption will be July 16th at
20:28:46 9:30 a.m.
20:28:47 >>LINDA SAUL-SENA: Is there a motion to receive and
20:28:49 >>CHARLIE MIRANDA: So moved.
20:28:50 >>LINDA SAUL-SENA: And a second to receive and file.
20:28:53 All in favor say Aye.
20:28:54 Anything else to come before us? We are adjourned.
20:28:56 Thank you.
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