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TAMPA CITY COUNCIL

Thursday, January 17, 2013
6:00 p.m. Session


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06:02:26 >>CHARLIE MIRANDA: City Council is called to order.

06:02:28 Roll call.

06:02:28 >>MIKE SUAREZ: Here.

06:02:32 >>YVONNE CAPIN: Present.

06:02:34 >>MARY MULHERN: Here.

06:02:35 >>HARRY COHEN: Here.

06:02:36 >>LISA MONTELIONE: Here.

06:02:38 >>CHARLIE MIRANDA: Here.

06:02:39 I need a motion before we start.

06:02:42 Open hearings 1 through 11, even though 1 is a continuation.

06:02:46 Motion by Mrs. Montelione, second by Mr. Suarez to open 1

06:02:50 through 11.

06:02:50 All in favor of the motion?

06:02:52 The ayes have it unanimously.

06:02:53 Okay.

06:02:54 Public hearing number 1.

06:02:55 >>JULIA MANDELL: Legal department.

06:03:05 I wanted to remind everybody that this case was continued so

06:03:09 that the legal department could review an issue related to

06:03:12 some property which Mr. Miranda, Chairman Miranda, has a

06:03:15 property in interest, which that property is within the

06:03:18 notice area of this particular petition.

06:03:20 After reviewing this matter, for Mr. Miranda to participant

06:03:27 in this hearing and vote, I would just ask Mr. Miranda to

06:03:30 state --

06:03:31 >>CHARLIE MIRANDA: Let me stop you one second.

06:03:33 It's not charge whether I should choose.
06:03:35 It's what I am legally entitled.

06:03:37 I don't want to put words in anyone's mouth.

06:03:39 >> Fair enough.

06:03:40 Let me say it that way.

06:03:41 Mr. Miranda has no legal prohibition about voting in this

06:03:45 matter, and therefore it's appropriate for Mr. Miranda to

06:03:47 vote in this matter, and in moving forward.

06:03:50 The only thing I would ask Mr. Miranda to do would be to

06:03:53 state for the record that he can be fair and impartial for

06:03:55 reviewing this matter before him.

06:03:57 >> If you are asking this, I do agree with what you just

06:04:01 said and I am impartial.

06:04:03 Okay.




06:04:04 Anyone who is going to speak in all these hearings 1 through

06:04:08 11, you are going to have to be sworn in.

06:04:12 If you have any intentions of speaking, please stand and get

06:04:16 sworn in.

06:04:16 (Oath administered by Clerk)

06:04:33 >>ABBYE FEELEY: Land Development Coordination.

06:04:35 Item number 1 is the case V-12-49 located at 3030 west Dr.

06:04:41 Martin Luther King Jr. Boulevard, 4102, 4110, 2902 up there

06:04:50 2908 and 2905 through 2907 west Saint Isabel street, 2905

06:04:55 west Lake Avenue, 4201, 4215 north MacDill Avenue.

06:04:59 The request before you this evening is from RS-50

06:05:02 residential single-family RO-1 residential office and PD

06:05:05 planned development, hospital, medical office, and parking,

06:05:09 to PD, planned development, hospital, medical office,

06:05:12 surface parking.

06:05:12 >> David haze, Planning Commission staff, and I have been

06:05:25 sworn.

06:05:26 For our first case to the central planning district, you can

06:05:29 see the general area of the subject site and its

06:05:32 relationship with the other community beaches that are

06:05:35 identified on this map.

06:05:37 Next, we move on to the aerial.

06:05:40 You can see the subject site in the center of the map.

06:05:43 We can see the main campus of St. Joseph's hospital north of

06:05:47 the subject site across Dr. Martin Luther King Jr.




06:05:49 Boulevard.

06:05:50 Moving counterclockwise we have the Tampa Bay park, office

06:05:55 park, and we move over to the site of the former Tampa Bay

06:05:59 mall and the current home and training facility for the

06:06:01 Tampa Bay Bucs.

06:06:03 We can see the Tampa Bay Boulevard elementary school near

06:06:06 the bottom of the aerial.

06:06:08 To the east of the subject site are a number of medical

06:06:10 office uses located between Dr. Martin Luther King Jr.

06:06:12 Boulevard and Saint Isabel street.

06:06:19 Onto the future land use map, the subject site falls within

06:06:22 a number of future land use categories, starting with the

06:06:25 blue, which is public/semi-public.

06:06:28 The brown color is residential 20, while the lighter orange

06:06:31 brown is residential 10.

06:06:32 We have more intensive uses to the west and northwest, the

06:06:36 mixed use 60, while the pink line in the south side of Dr.

06:06:40 Martin Luther King junior Boulevard is community mixed use

06:06:45 35.

06:06:46 The Planning Commission staff found the proposed rezoning

06:06:49 would be allow for expansion of a regional medical facility

06:06:51 while also continuing to protect surrounding residential

06:06:54 uses from nonresidential encroachment.

06:06:57 No new buildings and no additional access points onto west

06:07:00 Lake Avenue or north Gomez are being proposed.




06:07:04 Based on those issues and the policy directions put in the

06:07:07 Planning Commission report, Planning Commission staff finds

06:07:09 the rezoning request consistent with the Tampa comprehensive

06:07:12 plan.

06:07:13 >> Thank you, David.

06:07:21 As stated tonight the request that's before you is actually

06:07:24 to demolish the existing parking structure and put surface

06:07:27 parking at that location, as well as properties to the south

06:07:33 for surface parking.

06:07:34 So I will go ahead and go through the requested application,

06:07:38 show you zoning atlas, the aerial, some photos of the site,

06:07:43 fairly large site.

06:07:45 I do have extensive photos.

06:07:47 And also go a little further into the details of the

06:07:54 request.

06:07:54 Here is the zoning atlas.

06:08:05 Martin Luther King to the north, MacDill to the west,

06:08:07 Lake to the east, south, Isabella in the middle, and Gomez

06:08:12 to the east.

06:08:13 The existing PD that was just re-PDs before City Council

06:08:19 in 08 shown to the north, there is an RO 1 piece and then

06:08:24 the RS-50 pieces.

06:08:30 The site, Bucs training facility, St. Joe campus to the

06:08:36 north, there is single-family residential, to the south

06:08:38 along Lake.




06:08:39 There is a mixture of office uses towards the northern part

06:08:42 of Gomez, and single-family residential as you travel a

06:08:45 little further south.

06:08:48 I outlined in blue how I am going to show you my photo

06:08:51 presentation.

06:08:51 I am going start at the northwest corner of Saint Isabel.

06:08:58 This is the new parking area here, and also the demo of the

06:09:05 garage will be here.

06:09:06 I am going travel around, up Gomez, all the way back to

06:09:10 Martin Luther King and come back down.

06:09:15 So this is at the corner of Saint Isabel and Gomez looking

06:09:19 south towards Lake.

06:09:21 I am going to move now all the way across toward

06:09:24 MacDill.

06:09:26 Looking south.

06:09:27 This is some construction that was still occurring for the

06:09:30 hospital.

06:09:35 And there is an existing medical office at the corner of

06:09:40 Saint Isabel and MacDill.

06:09:43 Looking south on MacDill.

06:09:47 The east side of that medical office.

06:09:50 Moving down toward Lake.

06:09:53 This is the corner of Lake and MacDill looking back

06:09:55 north toward the hospital.

06:09:57 And now I am moving east along Lake.




06:10:04 Here is -- you will see there's a cut-out on the atlas, a

06:10:09 cut-out on the zoning, too, this cut-out here.

06:10:12 That is property that was dedicated for park, the meandering

06:10:20 sidewalk there and a wall that buffers the residential to

06:10:23 the south.

06:10:27 On the south side of Lake, single-family residential.

06:10:33 This is just south of that wall.

06:10:38 This is at the corner of Lake and Gomez looking north.

06:10:45 This is the western side of the site on Gomez, moving north.

06:10:50 Again a look from Saint Isabel, and Gomez.

06:10:55 Looking back toward the southwest.

06:10:59 This is Gomez at Virginia.

06:11:01 There's some existing parking there.

06:11:05 This is the corner of Saint Isabel, and this is the

06:11:10 southeast corner of Saint Isabel and Gomez.

06:11:17 Also on the east side of Gomez working back toward Martin

06:11:20 Luther King.

06:11:22 Here is the west side of Gomez.

06:11:25 Working back toward Martin Luther King.

06:11:31 This is a view from the corner of Gomez and Martin Luther

06:11:34 King looking west.

06:11:36 A shot from Martin Luther King looking south.

06:11:42 This from MacDill.

06:11:43 And a look down McGill.

06:11:50 The request is to rezoning from PD R-01 and RS 50 to PD to




06:11:55 demolish the existing structure parking garage and create a

06:11:58 surface parking lot in this location, and also to

06:12:00 incorporate the block bounded by MacDill Avenue on the

06:12:03 west, Lake on the south, Saint Isabel on the north and Gomez

06:12:07 Avenue on the east, for permanent surface parking to serve

06:12:11 St. Joe Women's Hospital.

06:12:13 The subject property excluding the permanent surface parking

06:12:18 to -- I'm sorry, excluding the R 01 and RS-50 was rezoned in

06:12:24 2008 and 2006 for entitlement modifications to the hospital

06:12:27 and associated unit.

06:12:30 There are no requested changes to entitlements.

06:12:32 There are no additional bed, no additional square footage

06:12:35 being requested.

06:12:38 This includes a 256-bed hospital and 32,000 square feet of

06:12:43 medical office.

06:12:44 The total square footage on the property is 324,308 square

06:12:49 feet, which includes a 44,065 square foot on the south Saint

06:12:56 Isabel resulting in overall square footage for the PD at

06:13:01 319,843 square feet.

06:13:05 For this development scenario a total of 473 spaces are

06:13:09 required.

06:13:09 There are currently 754 spaces being provided.

06:13:14 And based on the phase 1 and 2 parking scenario a total of

06:13:17 725 spaces will be provided.

06:13:21 And at final completion, 789 spaces will be provided.




06:13:25 There are some site plan modifications that are required by

06:13:29 Land Development Coordination and also by natural resources.

06:13:33 There is an inconsistent finding from transportation for the

06:13:37 access from the parking to local streets.

06:13:41 I believe Melanie Calloway is present to discuss that

06:13:45 objection.

06:13:49 I have provided a revision sheet.

06:13:50 I have provided the revisions to the applicants, and those

06:13:55 have not changed since our first hearing.

06:13:57 I believe the applicant is fine with making those changes.

06:14:01 Staff is available for any questions.

06:14:04 >>CHARLIE MIRANDA: Thank you.

06:14:06 Ms. Mulhern, before I yield the floor I just want to say

06:14:09 that any and all the 1 through 11, any documents of any type

06:14:13 that have been sent up to the city and City Council and so

06:14:17 forth, that they be received and filed regarding any one of

06:14:20 these 11.

06:14:22 I have a motion by Mrs. Montelione.

06:14:23 I have a second by Mr. Reddick.

06:14:25 All in favor of the motion please indicate by saying aye.

06:14:27 Opposed nay.

06:14:28 The ayes have it unanimously.

06:14:29 Ms. Mulhern.

06:14:30 >>MARY MULHERN: Thank you.

06:14:32 Ms. Feeley, I just want to make sure I understand this is




06:14:36 continued and I wasn't here for the first part of the

06:14:40 hearing.

06:14:46 Everything south of Isabel and north of Lake, other than the

06:15:00 property on the corner of Saint Isabel and MacDill, is

06:15:04 residential office 1 currently, right?

06:15:07 >>ABBYE FEELEY: No, just where the office is, is the RO-1.

06:15:12 And the rest is residential single-family --

06:15:15 >>MARY MULHERN: This is what I'm saying, you're saying

06:15:19 maybe better than me -- but there's two, south of Saint

06:15:22 Isabel, even between Habana and MacDill, there's only

06:15:29 two parcels that are not RS-50, right?

06:15:32 That residential office that's adjacent to MacDill, and

06:15:35 then the PD which is --

06:15:41 >> North of Saint Isabel.

06:15:43 >> Yes, north of Lake.

06:15:45 So this is all residential single-family.

06:15:47 And the pictures you showed us, it looked like it's all

06:15:51 just -- are there any homes on any of the residential

06:15:58 single-family south of Saint Isabel?

06:16:03 >> No, ma'am, there is not a.

06:16:04 I put up the site plan for that segment we are talking

06:16:07 about, if I can, Saint Isabel to the north, Lake to the

06:16:10 south, Gomez, MacDill.

06:16:11 There's an office building here.

06:16:13 I showed you that.




06:16:15 That's scheduled to be demolished for this application.

06:16:18 This right here is temporary parking that was permitted for

06:16:23 the construction which I showed you some pictures about --

06:16:30 >> Right.

06:16:30 >> And temporary parking.

06:16:33 >> That was administrative.

06:16:37 And then over here is all vacant.

06:16:39 I showed you some photos.

06:16:41 I can redo, you know, these photos if would you like to see

06:16:44 them.

06:16:44 >> No, you can just tell me if there are any houses.

06:16:48 >> There are no residential houses.

06:16:50 >>CHARLIE MIRANDA: May I ask you a question of Ms.

06:16:53 Mulhern's?

06:16:54 You answered it correctly, there is no houses.

06:16:56 Were there ever any houses there?

06:16:58 >> Yes, I believe so.

06:17:00 >> How many?

06:17:01 >> I don't know.

06:17:02 >> Okay, thank you.

06:17:07 Ms. Capin?

06:17:09 >>YVONNE CAPIN: Over here it says one of the waivers is to

06:17:11 allow a commercial traffic access to local streets.

06:17:16 >> I didn't read all the waivers.

06:17:28 That waiver is to the access that is being proposed here on




06:17:36 Saint Isabel.

06:17:38 >> Saint Isabel.

06:17:39 >> And also there's an entrance here on the northern part of

06:17:43 Saint Isabel that was not approved as part of the previous

06:17:46 PD.

06:17:48 >>YVONNE CAPIN: So there's in homes right across the street?

06:17:52 >>ABBYE FEELEY: No, this is the hospital to the north.

06:17:56 >>YVONNE CAPIN: Okay.

06:18:01 All right.

06:18:02 Okay.

06:18:04 I might have something else later.

06:18:09 >>CHARLIE MIRANDA: Okay, thank you.

06:18:12 Petitioner?

06:18:27 >> Good evening.

06:18:28 Richard Davis, 15310 Amber Lee drive, City of Tampa, 33623.

06:18:34 And before we begin our presentation, I would like to

06:18:36 introduce some materials into the record.

06:18:39 We have packets of information for each of you, plus for the

06:18:42 clerk, as well as the city attorney's office.

06:18:51 Those packets are the reports prepared by our consultant

06:19:24 team.

06:19:24 I'm here this evening, council members, on behalf of

06:19:26 Baycare, St. Joseph's hospital, to seek approval of the

06:19:30 described changes that have already been introduced into the

06:19:33 record.




06:19:34 I'm accompanied by a number of individuals this evening.

06:19:38 I'm accompanied by Kimberly guy, bill Chevron from the

06:19:44 hospital and our consultant team, John LaRocca, Steve Henry,

06:19:49 Larry Mills, and Robert Moreland.

06:19:51 You will hear from John LaRocca and Steve Henry in just a

06:19:54 moment.

06:19:54 In fact, in order to move this along, I am going to go ahead

06:19:57 at this juncture and introduce John LaRocca who will speak

06:20:01 to number of planning issues that have been addressed

06:20:04 throughout the review of this particular application by

06:20:07 staff.

06:20:07 >> My name is John Larocca, Murphy LaRocca Consulting Group,

06:20:16 101 East Kennedy Boulevard, agent for the petitioner,

06:20:19 planning, and I have been sworn in.

06:20:22 I'm going to move the presentation to address the

06:20:25 comprehensive planning and zoning aspects of the proposal,

06:20:29 address site design and the waivers to the Land Development

06:20:31 Code.

06:20:33 The complete report, my report and a report from mills and

06:20:37 associates regarding site design, civil site design and

06:20:41 engineering are including which I am going to address now in

06:20:44 my comments that are included in the report that was just

06:20:46 handed out to you.

06:20:48 Larry Mills is here to answer any specific engineering or

06:20:51 site design questions, and Steve Henry will address




06:20:55 transportation comments subsequent to me.

06:20:59 I want to expedite matters this evening, and with respect to

06:21:02 time, I won't repeat many of the things that Abbye has

06:21:06 commented on with regard to details about the project.

06:21:09 But for the record, and in representation of the applicant,

06:21:13 I want to make an overall presentation indicating that this

06:21:18 proposal is consistent with all land development standard

06:21:23 and reasons for that consistency, and why it's compatible

06:21:27 with its surroundings and in compliance within the

06:21:30 comprehensive plan.

06:21:31 For the record, I want to indicate that the demolition, the

06:21:34 primary use that is being sought this evening through the

06:21:37 rezoning is to redo the parking that serves St. Joseph's

06:21:41 Women's Hospital.

06:21:42 For the record, to be very clear, there is no additional

06:21:44 hospital or medical office entitlements being sought from

06:21:49 this rezoning.

06:21:50 As Abbye indicated, the existing garage has some design and

06:21:54 structural issues that are being dealt with, and the

06:21:56 hospital is proceeding with redeveloping the off-street

06:22:00 parking to serve the hospital through the creation of new

06:22:04 surface parking lots, both north of Saint Isabel and south

06:22:07 of Saint Isabel.

06:22:08 The demolition of the existing garage and redevelopment of

06:22:11 the parking areas are supposed to occur in the following




06:22:14 phases.

06:22:16 Construct surface parking lot south of Saint Isabel first,

06:22:19 demolish the existing garage on the south side of the

06:22:22 existing medical office building, north of Saint Isabel in

06:22:26 the second phase, and then demolish at some point in the

06:22:29 future the existing office building at 4215 north

06:22:32 MacDill, and replace it with surface parking.

06:22:35 Again, no additional hospital or medical office entitlements

06:22:40 are being sought.

06:22:42 The proposal -- I am going address briefly compliance and

06:22:45 consistency with the Tampa comprehensive plan.

06:22:47 As Abbye indicated, the plan designates the property, all

06:22:51 property combined, public semi-public, residential 20 and

06:22:55 residential 10.

06:22:56 St. Joseph's Women's Hospital and the adjacent St. Joseph's

06:23:00 main hospital are recognized in the comprehensive plan as a

06:23:03 regional asset within the broader Westshore planning

06:23:06 district on the edge of the Westshore planning district.

06:23:09 While there are numerous goals, objectives and policies

06:23:12 established in the comprehensive plan, e-redevelopment of

06:23:15 off-street parking to maintain the viability of St. Joseph's

06:23:18 Women's Hospital as is not inconsistent with any of though

06:23:22 goals, objectives and policies.

06:23:24 Applicable to supporting objectives and policies of the plan

06:23:28 regarding urban design and land use for major medical




06:23:31 facilities include objective 19.8 which states the city

06:23:34 shall support the major medical facilities as providers of

06:23:37 public service and major employers in policy 19.81 which

06:23:42 permits office development to in-fill and this would be

06:23:47 accessory to office, and the hospital, and vacant parcels to

06:23:50 redevelop within the area adjacent to St. Joseph's hospital

06:23:53 from the south rite right-of-way line of Martin Luther north

06:23:58 of the south right-of-way line in the property abutting the

06:24:03 property line of Saint Isabel street between Armenia and

06:24:06 MacDill and the public semi use public with a res 10 or

06:24:10 res 20 would permit consideration of these ancillary uses,

06:24:13 and the possibility for more intensive uses on those

06:24:18 residential categories.

06:24:19 With that said, the specific proposal is to improve and

06:24:23 redevelop the property located within those three land use

06:24:26 plan designations at only off-street parking as an accessory

06:24:31 and ancillary use to the principal regional activity center

06:24:35 which is the hospital and its environment.

06:24:37 Compatibility with surroundings and compliance with the Land

06:24:40 Development Code, consistency with the Land Development

06:24:43 Code, will be addressed in my following comments.

06:24:46 The PD site plan which is a requirement of this zoning has

06:24:51 undergone extensive and detailed review by the city's

06:24:54 redevelopment committee through the Land Development

06:24:56 Coordination office.




06:24:57 The site plan complies with all regulatory criteria

06:25:01 established through the city's Land Development Code,

06:25:03 subject to the waiver requests that Abbye mentioned, which

06:25:05 in many instances are typical waiver requests, and I'll

06:25:09 describe them in more detail and the reasons why they are

06:25:11 justifiable.

06:25:13 The PD site plan establishes surface, parking on the south

06:25:17 side of Saint Isabel owned by the applicant or affiliate

06:25:21 companies separated from the areas north of Lake Avenue with

06:25:25 a dedicated strip of open space, solid buffer walls, or

06:25:30 existing medical office use.

06:25:31 Demolition of the existing parking and redevelopment of the

06:25:33 site with surface parking is consistent with historical uses

06:25:37 on the campus and consistent with policy 19.81 of the Tampa

06:25:42 comprehensive plan as previously mentioned.

06:25:44 The site plan incorporates buffers and landscapings, not out

06:25:48 of character with on the similar parking areas, and in

06:25:52 relative proximity so as to not to negatively impact the

06:25:56 surrounding neighborhood.

06:25:57 Civil site engineering of the property has been designed to

06:25:59 address any unique circumstances or conditions associated

06:26:02 with a property including vehicular access, very importantly

06:26:06 pedestrian circulation, protection of certain clusters of

06:26:09 trees, and to mitigate any potential impact of the

06:26:12 surrounding community.




06:26:13 Design of the site is further consistent with two applicable

06:26:16 policies of commercial areas outlined in the Tampa

06:26:18 comprehensive plan, policy 18.6.5, requiring commercial uses

06:26:23 to be appropriately Buford from any residential development

06:26:27 and policy 18.7.5 indicating that the design of parking bays

06:26:32 within parking lots to facilitate safe and convenient

06:26:36 walking to building entrances.

06:26:37 Based on the historical pattern of development in the

06:26:39 vicinity of St. Joseph's Women's Hospital campus, and both

06:26:43 the medical and residential neighborhoods in the area, this

06:26:46 proposal is presented in detail in the PD site plan is

06:26:49 compatible with its surrounding, complies with acceptable

06:26:53 land development criteria, will not unduly negatively impact

06:26:58 others in the area.

06:26:59 The design engineer primarily -- whose primary objective and

06:27:03 design of this site was to address the offstreet parking

06:27:06 needs of the St. Joseph's Women's Hospital campus facilities

06:27:10 caused by the removal of the parking garage, provide ath

06:27:13 adequate parking for all employees, patients and visitors,

06:27:16 facilitate safe and convenient pedestrian routing to

06:27:19 building entrances, develop a vehicle circulation in

06:27:22 compliance with criteria, set forth by the City of Tampa

06:27:25 Land Development Code, and assures compatibility with

06:27:28 surrounding residential development with appropriate

06:27:32 buffering.




06:27:32 The proposed site plan has been developed to meet parking

06:27:34 space requirements set by the LDC as mentioned by Abbye, as

06:27:38 well as criteria established by the applicant to a sure

06:27:41 safety and convenience for all pedestrians utilizing the

06:27:45 parking areas.

06:27:46 The proposed parking site plan layout has adequate parking

06:27:52 as mentioned by Abbye, has been designed to include marked

06:27:56 and signed crosswalks, provide safe direct pedestrian

06:27:59 routes, across Saint Isabel street between the hospital and

06:28:03 the surface parking lot, perimeter fencing a long the south

06:28:08 side of Saint Isabel and the west side of Gomez to direct

06:28:13 pedestrians to these pedestrianways so there's no conflict

06:28:17 with traffic.

06:28:19 Has crosswalks marked accordingly to encourage and minimize

06:28:24 any conflict between pedestrian traffic patterns of

06:28:28 vehicular access, and it allows efficient and safe operation

06:28:33 of those roadways.

06:28:34 The driveways are designed to comply with standards

06:28:37 established by the city, and the additional driveway in the

06:28:41 north side of Saint Isabel to the existing hospital being

06:28:46 designed to provide a safe access for solid waste trucks

06:28:51 that will have access to the hospital and other refuge

06:28:58 containers that exist in that area of the buffering and

06:29:00 landscaping has been designed to protect the existing

06:29:03 healthy trees.




06:29:05 We worked very closely with the city's landscape section,

06:29:10 and the Parks and Recreation Department regarding protection

06:29:14 of the trees, landscape buffers more than adequately comply

06:29:19 with code and stormwater treatment will be designed with a

06:29:22 retention vault on the south side of Saint Isabel that will

06:29:26 comply withstander.

06:29:27 Waivers -- and I'll wrap up with waivers to the code.

06:29:31 There are a variety of items that we are required to address

06:29:33 regarding the design of the proposed development regarding

06:29:37 any unique character or features.

06:29:39 The campus functions of the 24-7 operation providing

06:29:44 essential medical support needs to the Tampa community.

06:29:47 The areas dedicated for off-street parking will be near the

06:29:51 off-street parking in defined areas.

06:29:54 The comprehensive plan is able to accommodate this use.

06:29:57 The waiver requests are summarized as follows: Protection

06:30:00 of certain trees and landscaping designed for safe and

06:30:03 convenient pedestrian walkways to service the existing

06:30:06 buildings on the campus required a waiver of City of Tampa

06:30:10 code 13-161-A, landscaping design within vehicular use

06:30:15 areas.

06:30:15 A waiver to City of Tampa code section 27-246-J-1 to allow

06:30:20 access to Saint Isabel street was necessary and justified

06:30:23 based on the fact that Saint Isabel street is located within

06:30:27 the area identified as an in-fill area for major medical




06:30:30 facilities by the comprehensive plan, and the street

06:30:34 essentially functions as a nonlocal street within that

06:30:36 defined in-fill area.

06:30:38 Waiver to section 27-246-A allow minimum aisle width of 24

06:30:45 feet.

06:30:46 Now I believe the code has been amended so that may be a

06:30:49 moot waiver request.

06:30:50 And to waive the number of loading berths from 5 to 2 to

06:30:55 reflect what is essentially there are they're.

06:30:57 We are not making any alterations to the building.

06:30:59 If the waiver is granted it will not substantially interfere

06:31:03 with or injury the rights of others whose properties will be

06:31:05 affected by allowance of a waiver based on the design

06:31:08 standard that have been put into place.

06:31:09 The waiver is in harmony with and serves the general

06:31:13 intended purposes of the code, and applicable City of Tampa

06:31:16 development regulations in the adopted comprehensive plan,

06:31:19 and allowing the waiver will result in substantial justice

06:31:23 being done considering both the public and private benefit

06:31:26 intended to be secured by the chapter and on the City of

06:31:29 Tampa land development regulations in the comprehensive

06:31:32 plan.

06:31:32 I'll sum up my comments by saying we believe this

06:31:35 application to allow consideration of a redesign of the

06:31:38 parking area including the area south of Saint Isabel will




06:31:41 be properly Buford, will meet all the City of Tampa land

06:31:45 development codes, and the waivers are just based on good

06:31:48 design practices and safe practices with regard to

06:31:52 pedestrian movements between those parking lots and the

06:31:56 hospital.

06:31:56 I would like to ask Steve Henry to comment on the traffic

06:32:02 comments --

06:32:03 >>CHARLIE MIRANDA: Before I go there, let me stop the clock.

06:32:05 Mrs. Montelione has a comment.

06:32:07 >>LISA MONTELIONE: Before you leave the podium, I have a

06:32:09 question.

06:32:09 In your report, which I was just able to read while you were

06:32:14 speaking, and basically what you were delivering in your

06:32:17 speech was what was --

06:32:19 >> That's correct.

06:32:21 >>LISA MONTELIONE: On page 2, at the bottom of page 2, you

06:32:24 state that off-street parking as an appropriate or

06:32:28 applicable use, the two residential land use plan

06:32:31 categories, residential 20 and residential 10, permit

06:32:34 consideration of approximately 110,000 square feet of

06:32:38 nonresidential use.

06:32:39 I'm not sure why you bring that up, because this is RS-50,

06:32:43 not RS 10 or 20.

06:32:45 >> The comprehensive land -- we are rezoning the property,

06:32:50 rezoning to be consistent with the comp plan.




06:32:53 The comp plan says a combination of residential 10 and 20

06:32:58 would permit consideration.

06:32:59 >> It would but we are not talking about residential 10 or

06:33:02 20.

06:33:02 We are talking about residential 50.

06:33:04 >> That's correct.

06:33:06 >>LISA MONTELIONE: I just want to point that out, that res

06:33:08 50 is what the land use category is.

06:33:11 >> That's the zoning.

06:33:12 >>LISA MONTELIONE: Oh, I'm sorry.

06:33:14 >> The zoning is residential 50 and I acknowledge that.

06:33:17 The consistency, rezonings have to be consistent with the

06:33:21 comp plan.

06:33:21 Comp plan designation will permit consideration.

06:33:24 >> And it has 10 and 20, and I'm looking at 50.

06:33:30 >> And what in summary I was saying was the surface parking

06:33:35 lot would be not inconsistent with the comp plan.

06:33:37 >> Thank you.

06:33:44 >>CHARLIE MIRANDA: Start the time.

06:33:45 >> Steve Henry, Tampa, Florida 33607, registered engineer in

06:33:51 the State of Florida.

06:33:53 Links and associates conducted a traffic analysis for the

06:33:56 project.

06:33:57 And my presentation will focus on three components before

06:34:00 you tonight, one the traffic impact of the project, second




06:34:03 is the justification for the waiver of the access of Saint

06:34:07 Isabel, and the third justification for the pedestrian

06:34:10 crossing of Saint Isabel.

06:34:14 As Mr. LaRocca indicated, what's before you tonight is not

06:34:17 any additional entitlements or any additional beds within

06:34:20 the hospital.

06:34:21 Based on that, you there wouldn't be any additional traffic

06:34:25 generated in the proposal tonight.

06:34:29 However, St. Joseph's did ask us to look at and evaluate the

06:34:33 impact of the changes they are proposing.

06:34:37 What we did in order to evaluate that is when we went out

06:34:39 and actually counted every driveway, in addition to that, AM

06:34:47 and PM peak hours, went out and did seven-day machine counts

06:34:52 to each of the driveways.

06:34:54 We then took that number, and redistributed the traffic

06:34:57 based on the allocations utilization of the parking spaces

06:35:01 within the campus, elimination of the parking garage, the

06:35:04 addition of the parking on the south side of Saint Isabel.

06:35:09 We looked at the intersection to evaluate those driveways

06:35:12 and what the level of service of those might be.

06:35:15 Based on that analysis, we determined that the access --

06:35:21 (Bell sounds).

06:35:22 >> Council members, could we respectfully have an additional

06:35:28 five minutes?

06:35:29 >>CHARLIE MIRANDA: An additional five minutes and that will




06:35:31 be it.

06:35:32 Motion by Mr. Reddick.

06:35:34 Second by Mrs. Montelione.

06:35:35 All in favor of the motion please indicate by saying aye.

06:35:38 Opposed nay.

06:35:38 The ayes have it unanimous.

06:35:39 >> I'll speak quickly.

06:35:41 Basically, that the access of Saint Isabel will operate at a

06:35:45 successful level of service with the modifications that are

06:35:47 before you tonight.

06:35:50 The second portion of that access waivers that are

06:35:53 requested.

06:35:55 We are requesting waiver for section 27-246-J-1-D of the

06:36:01 City of Tampa code which requires a waiver due to the fact

06:36:04 that there are residentially zoned properties along the

06:36:07 affected segment of Saint Isabel.

06:36:10 I want to put up a graphic.

06:36:15 The second segment of Saint Isabel is from MacDill to

06:36:27 Habana, and this is it here.

06:36:29 The blue reflects the proposed parcel that's before you for

06:36:34 rezoning tonight.

06:36:35 The red reflects the nonresidentially zoned properties along

06:36:40 that affected segment.

06:36:41 And the yellow represents the residentially zoned properties

06:36:45 along that segment.




06:36:50 This next graphic represents the south side of Saint Isabel

06:36:57 at Gomez.

06:36:59 If you look to the north --

06:37:02 >>CHARLIE MIRANDA: May I ask a question?

06:37:03 Excuse the time.

06:37:04 Who owns that home?

06:37:05 >> I don't know who owns it.

06:37:07 >> All right, thank you.

06:37:09 >> When you look directly across the street there is an

06:37:12 existing block of buildings that's across.

06:37:15 As you are moving further to the east, the next

06:37:17 residentially zoned lot is 206 Saint Isabel.

06:37:25 On the north side, across the street from that is again

06:37:28 another medical office building directly across the street.

06:37:34 The third home, picture of the third home.

06:37:38 Directly across the street from that one also is a medical

06:37:41 office building.

06:37:45 The justification for the waiver to the access to Saint

06:37:50 Isabel, four different justifications.

06:37:52 The first in fact is that affected segment from MacDill

06:37:56 to -- about 1300 feet, 2600 feet of linear frontage on both

06:38:04 the north and south side of the street but 425 feet is

06:38:08 residentially zoned property or about 16% of the roadway.

06:38:13 I'm showing you the residence on there.

06:38:16 Each one of them has medical office.




06:38:19 On the other side it has the street.

06:38:21 The segment that we are requesting the access to, which is

06:38:26 from MacDill to Gomez, there are no residentially zoned

06:38:30 lots along that segment of the roadway.

06:38:36 And finally, they are already listing seven nonresidential

06:38:41 driveways along the affected segment of saint Isabel which

06:38:45 is from MacDill to Habana.

06:38:49 Regarding the pedestrian crossings, we are proposing two

06:38:52 pedestrian crossings on Saint Isabel from the segment of

06:38:57 MacDill to Gomez that will align with the two driveways

06:39:01 that we are proposing along that segment of roadway.

06:39:04 The City of Tampa doesn't have any specific criteria for mid

06:39:09 block pedestrian crossing.

06:39:10 So we use the Hillsborough County criteria.

06:39:13 It based on the institute of transportation engineers data

06:39:17 and the federal highway administration data.

06:39:20 It's based on a number of factors including number of lanes,

06:39:23 posted speed limit, daily traffic, number of pedestrians,

06:39:26 and light.

06:39:28 I am go through each of those, but given the time, basically

06:39:32 the parking lot on the south side will serve about 400

06:39:36 parking spaces.

06:39:37 According to the hospital, during the first shift change,

06:39:40 there's about 260 people, employees, nurses.

06:39:46 And then the second shift is about 114.




06:39:48 So a significant number of people crossing Saint Isabel, and

06:39:53 that was the reason for the pedestrian crossings that we are

06:39:56 asking for.

06:39:57 We did meet with the transportation design department.

06:40:01 They have reviewed what we have requested as far as the two

06:40:04 pedestrian crossings, and find them consistent with the

06:40:06 criteria that we use to evaluate those two pedestrian

06:40:10 crossings.

06:40:11 That conclude my presentation.

06:40:13 If you have any questions.

06:40:15 >>CHARLIE MIRANDA: Any questions?

06:40:16 Thank you very much.

06:40:18 >> Thank you, council members, for your patience in

06:40:22 listening to our experts this evening.

06:40:23 I will reserve my comments for my rebuttal time.

06:40:28 >>CHARLIE MIRANDA: Thank you very much.

06:40:28 Ms. Mulhern.

06:40:29 >>MARY MULHERN: I would like to ask a question.

06:40:41 Is the -- the parking garage that you are demolishing and

06:40:44 then you are going to replace that with surface parking and

06:40:46 then asking for the additional rezoning of that entire

06:40:53 block, two city blocks on Lake and Saint Isabel, so is it

06:40:57 proportionate?

06:41:03 How many floors are in that parking garage right now?

06:41:05 >> I don't have an expert on the garage and the garage




06:41:13 construction.

06:41:13 >> It kind of looks like in urban design an explanation, it

06:41:16 might be cheaper just to demolish something and then have

06:41:19 surface parking.

06:41:24 But by tearing down the garage you are creating the need for

06:41:26 the parking.

06:41:27 >> There are five floors in the garage, and removing the

06:41:34 garage is that the function of the garage, the removal of

06:41:41 the garage replaced by surface parking will permit the

06:41:44 parking and the movement of pedestrians and the movement of

06:41:47 people across more efficiently, and utilize the garage, and

06:41:52 there are construction issues in the garage and maintenance

06:41:54 issues with the garage as well.

06:41:56 We can go into that in greater detail.

06:41:58 We have a report for you if you would like to look at it.

06:42:00 We can do that.

06:42:01 >>MARY MULHERN: I guess maybe this is a question more for

06:42:04 the Planning Commission and land use people.

06:42:16 In an urban setting where you are also adjacent to a

06:42:19 residential neighborhood, the idea instead of using

06:42:25 structured parking, to have surface parking, I mean, we just

06:42:30 had our study done downtown about one of our big goals is to

06:42:35 not have surface parking, and it isn't a -- shouldn't be a

06:42:38 part of our goal, urban design goals.

06:42:42 How is it different in this neighborhood?




06:42:53 >>ABBYE FEELEY: Land Development Coordination.

06:42:54 When the application came to us the applicant made it known

06:42:56 that the existing garage was structurally unsound and needed

06:43:00 to be removed, and that was one of the premises for their

06:43:04 application.

06:43:06 Using the block to the south, they are going to stage the

06:43:10 demolition because they can't park on the site while the

06:43:12 garage is being demolished.

06:43:14 >>MARY MULHERN: Right.

06:43:15 But that was the temporary use you allowed them.

06:43:17 >> No, the temporary right there is for construction of

06:43:20 NICU.

06:43:23 It was not for demolition of the garage.

06:43:26 They are unrelated.

06:43:27 There is temporary parking there now for the staging of the

06:43:31 NICU.

06:43:34 The temporary parking is going to expire.

06:43:36 They came to us.

06:43:37 The garage was unsound.

06:43:38 They needed to remove it.

06:43:41 Of course, it's a budget issue when you are building back a

06:43:44 structured garage at $10,000 a space.

06:43:46 I don't know what their budget is.

06:43:48 They have mentioned that, if another structure drives --

06:43:53 whatever they could potentially put a structured drive back




06:43:56 in that space, but the one that was there had to cease

06:43:59 operation and that is the one under which staff --

06:44:03 >>MARY MULHERN: It hasn't ceased operation.

06:44:06 They are using it now, right?

06:44:07 >>ABBYE FEELEY: That is my understanding, yes.

06:44:14 I will let Mr. LaRocca speak to the structural stability.

06:44:20 >>MARY MULHERN: Okay, thanks.

06:44:23 So, yeah, I think we need to know more about why you can't

06:44:30 continue to use the garage.

06:44:31 >>> Robert Moreland, 1191 timber springs drive, Riverview.

06:44:39 And I have been sworn in.

06:44:41 I'm sorry?

06:44:42 >>MARY MULHERN: You didn't hear my question?

06:44:46 What specifically is the problem with the garage?

06:44:49 >> Well, Baycare basically hired me to do an assessment of

06:44:54 the garage like I have done for other parking garages that

06:44:56 they have.

06:44:57 So I prepared the report and basically put together all the

06:45:01 structural deficiencies that it has, and tabulated those,

06:45:05 and also spoke of the age of the garage, the garage was

06:45:08 constructed in 1984, and it's basically due for either a

06:45:14 significant structural restoration and those kind of

06:45:20 improvements.

06:45:21 >>MARY MULHERN: Do we have numbers on that?

06:45:23 What it would cost to do that?




06:45:25 >> Yes, I put together a table when I was creating the

06:45:29 report.

06:45:31 Basically, I came up with about 1.5 to $3 million to both

06:45:36 repair everything that's wrong in the garage, bring it up to

06:45:40 code, and also improve the servicability such as new

06:45:45 lighting and that kind of thing.

06:45:48 That serviceability.

06:45:48 >> That part of our record, do we have that?

06:45:51 >> Yes, that's on the last page of the structure report.

06:45:54 >>MARY MULHERN: Is that in that package you gave us?

06:45:59 Okay.

06:46:00 It's not in the package.

06:46:11 >>CHARLIE MIRANDA: Ms. Montelione.

06:46:12 >>LISA MONTELIONE: Thank you.

06:46:15 What is it staff is recommending?

06:46:22 Excuse me, this was in the package but was not put up on the

06:46:26 Elmo.

06:46:27 So can you please put that up for me?

06:46:35 Thank you.

06:46:36 I will not repeat the comments made by Councilwoman Mulhern

06:46:50 but I'm in full agreement with what she said because she

06:46:52 said exactly what I was thinking.

06:46:55 I wanted to show this on the graphic in case anyone didn't

06:47:00 have the opportunity to look at it.

06:47:02 But that's what we are contemplating seeing there on the




06:47:06 site, is it not?

06:47:10 Acres and acres of open space.

06:47:16 That doesn't show full of cars but I imagine it would be

06:47:20 full of cars.

06:47:21 So why we are here tonight, in light of your testimony, is a

06:47:28 matter of convenience.

06:47:32 It's how many, $3 million investment to rebuild the parking

06:47:37 garage?

06:47:41 And that is really the crux of the discussion as to why you

06:47:46 want to put acres and acres of cars and not build a parking

06:47:56 garage.

06:47:56 And this isn't actually for you because you are a structural

06:47:59 engineer.

06:48:00 You can't answer a financial question or aesthetic questions

06:48:03 of what I am getting at.

06:48:04 But anyone who has been here before and heard me speak know

06:48:10 that I am not a fan of open space parking, because that is

06:48:14 not, to me, a good use of our citizens' environment of the

06:48:25 property, and in the comprehensive plan, we talked earlier

06:48:29 about compatibility.

06:48:34 Putting this much parking, whether it adjacent to a

06:48:37 neighborhood or in a solid commercial district, just isn't

06:48:42 aesthetically what the city of -- the direction of City of

06:48:47 Tampa wants to go.

06:48:48 At least these my belief.




06:48:50 And I just agree with everything Councilwoman Mulhern said

06:48:55 so I am not going to repeat it.

06:48:57 >> There's one other thing that I talk about in the report

06:49:00 and in the recommendations, and even if the hospital does

06:49:05 repair the garage and bring it up to code, spending the

06:49:09 money, the functional layout of the garage is actually

06:49:11 still -- you wouldn't be able to bring that back any higher.

06:49:17 We call it a level of service in parking garages.

06:49:20 This garage has a low level of service which means they have

06:49:23 tight corners, blind spots, that sort of thing.

06:49:26 And even if they do all the repairs, they would still have

06:49:29 those troubles.

06:49:30 So the layout of the garage at split level is really an

06:49:35 antiquated design.

06:49:36 It was used a lot in the 80s.

06:49:38 It's not used a lot anymore.

06:49:39 >> Council members, I think that's a very important point in

06:49:46 the final element of his response.

06:49:48 Certainly there are issues here.

06:49:50 There are steps that can be taken to make things safer, that

06:49:56 it antiquated, the design, and the blind spots, and the

06:50:00 problems created moving cars in and out of the parking

06:50:04 garage that was the catalyst for this analysis, and the

06:50:08 catalyst for making the changes that you have before you.

06:50:12 And we do have representatives from Baycare, St. Joseph's




06:50:15 hospital here, who will confirm that as well, in addition to

06:50:18 their expert.

06:50:21 >>CHARLIE MIRANDA: Ms. Capin?

06:50:23 >>YVONNE CAPIN: In the garage now there are how many parking

06:50:24 spaces?

06:50:25 >> We have a total now of 725 parking spaces on-site, with

06:50:31 demolishing the garage and replacing the parking spaces, we

06:50:34 would go through an interim, when you have phase 1 and phase

06:50:38 2, you have an interim number of 754.

06:50:42 When all the parking is completed ultimately, you would have

06:50:45 789 spaces.

06:50:48 Currently there are 725.

06:50:50 Mr. LaRocca -- 754.

06:50:54 Sorry.

06:50:55 So what you are seeing is a parity being established by the

06:51:01 proposed plan, and essentially a parity being established in

06:51:06 terms of the total number.

06:51:09 >> Except that now 725 is a much smaller footprint than the

06:51:17 754 would be.

06:51:18 >> Your question is right now the total 725 is a smaller

06:51:32 footprint because of the elevated parking garage.

06:51:34 So can you respond to that, Mr. LaRocca?

06:51:38 >> Those numbers are correct.

06:51:39 Just to reiterate what Mr. Davis indicated, current parking

06:51:43 established on the campus, 754, interim with the remaining




06:51:48 medical office building at Saint Isabel, and MacDill,

06:51:53 the parking will be 725, and the final configuration is 789.

06:51:58 At the end, off-street parking.

06:52:05 >>

06:52:06 >>CHARLIE MIRANDA: Any further questions by council members

06:52:08 at this time?

06:52:08 >>MIKE SUAREZ: I apologize.

06:52:20 The representatives from Baycare would probably be better at

06:52:22 answering this.

06:52:23 It seems like Baycare has become quite a large property

06:52:26 owner around the base.

06:52:28 Does anyone want to come up and talk about property owned

06:52:33 from Baycare?

06:52:38 And I know that there is a parking lot that's up on Armenia,

06:52:43 I believe, that is there primarily -- come to the

06:52:46 microphone -- that's primarily there for employees, if I'm

06:52:50 not mistaken.

06:52:51 What is that space that's owned by -- I believe it's owned

06:52:55 by the hospital, up along Armenia, past quite a few other

06:53:01 medical things closer to Hillsborough Avenue?

06:53:04 >> My name is millie guy from St. Joseph's Women's Hospital.

06:53:09 I have not been sworn.

06:53:11 >>CHARLIE MIRANDA: And I warned you about that.

06:53:12 >> I know it.

06:53:15 And I wanted to get that straight.




06:53:16 Excuse me.

06:53:16 (Oath administered by Clerk)

06:53:20 >>CHARLIE MIRANDA: Hold it.

06:53:23 Anyone else who has not been sworn, please rise and raise

06:53:27 your right hand, just in case.

06:53:29 AHHH!

06:53:32 (Oath administered by Clerk)

06:53:34 , would you if I was a real judge you would be in contempt

06:53:38 of court.

06:53:38 >> I am not familiar with our parking on Armenia.

06:53:43 To my knowledge, we don't have parking --

06:53:47 >>CHARLIE MIRANDA: I apologize.

06:53:47 >> It's Habana.

06:53:51 I don't know why I had Armenia in my H head.

06:53:55 It's Habana.

06:53:55 >> We have a parking structure just north of the Martin

06:54:00 Luther King.

06:54:01 >> Further up.

06:54:04 >> Hillsborough, where the new behavioral health care center

06:54:09 is.

06:54:09 Is that what you are speaking about?

06:54:12 >>MIKE SUAREZ: I don't know waits called.

06:54:13 But just stop for a second.

06:54:15 I'm asking in terms of your property was being used for

06:54:18 parking primarily for your employees, if I'm correct.




06:54:22 >> Yes, sir.

06:54:23 >>MIKE SUAREZ: Is that still being used for employee

06:54:26 parking at all?

06:54:27 >> There is no employee parking on Habana near Hillsborough

06:54:31 for our employees.

06:54:33 There was temporary parking there about five, six years ago.

06:54:36 >>MIKE SUAREZ: Correct.

06:54:37 Well, okay.

06:54:38 But there's a spot there that has recently been changed?

06:54:42 >> Yes, a new building now.

06:54:44 >>MIKE SUAREZ: There used to be a stop there for a bus, a

06:54:47 shuttle, used to bring people in?

06:54:49 >> I apologize, that was before my time.

06:54:51 >>MIKE SUAREZ: These okay.

06:54:52 And please just answer the question I ask. You don't have

06:54:55 to explain a lot.

06:54:56 I'm trying to get to something right now, which is you are

06:55:00 going to refurbish or change the parking that's on the

06:55:04 northern part of the campus, not the Women's Hospital side

06:55:07 but on the other side, correct?

06:55:09 That's not going to be changed at all?

06:55:11 >> No, sir.

06:55:12 >> There's no plans to change that at any time in the

06:55:14 future?

06:55:14 >> I can't speak about the future.




06:55:16 I am not aware of any plans.

06:55:17 >>MIKE SUAREZ: That's all I'm asking.

06:55:19 That's all I'm asking.

06:55:21 So I guess my question is that we have encroached on a

06:55:24 neighborhood now.

06:55:27 There may be a possibility based on growth, and now that you

06:55:31 are owned by someone other than who owned you before, there

06:55:35 may be a possibility that there's going to be even more

06:55:37 growth.

06:55:39 Are there any plans to change the nature of what is there

06:55:42 now for future purposes for either an adjacent hospital or

06:55:49 anything else or adjacent facility?

06:55:51 Because we have seen -- and I live in that neighborhood.

06:55:55 I'm from that neighborhood.

06:55:56 I'm very familiar with it.

06:55:58 48 years old, and I was born at that hospital, on the north

06:56:02 side.

06:56:02 So I know a lot about that area.

06:56:05 And it's changed significantly from what it was before.

06:56:09 And all I'm trying to find out is that, you know, we have

06:56:12 already encroached on the neighborhood, and that

06:56:15 encroachment includes those other ancillary medical

06:56:21 providers that are around the hospital, because of proximity

06:56:25 to operating rooms, all kind of other things.

06:56:27 I am just asking, do you know any of the plans -- because




06:56:31 obviously you must have some kind of master plan, I hope

06:56:34 so -- as to what's going to be in the future, number of bed,

06:56:39 anything at all?

06:56:40 Do you have anything like that?

06:56:41 >> For Women's Hospital, there is --

06:56:44 >>MIKE SUAREZ: For any of the campuses, either of the

06:56:46 campuses.

06:56:47 >> There is construction currently underway on the north

06:56:51 campus.

06:56:53 That's the master facility plan, correction that's going on

06:56:56 right now, with regard to the property at Women's Hospital

06:57:00 which is on the south side of MacDill.

06:57:02 We really don't have any plans in the works for future

06:57:06 changes.

06:57:06 I don't see the plans changing from women's services as it

06:57:10 currently is.

06:57:11 We are just trying to create a better and safer parking

06:57:14 situation than we currently have.

06:57:16 But there are no plans to my knowledge to make any changes

06:57:19 to the use of that facility, or amend it.

06:57:23 >> Okay.

06:57:24 And the reason I'm asking is because, you know, this is the

06:57:29 second zoning that we have done for the hospital groups.

06:57:34 We had a helicopter pad, I think we changed, or helicopter

06:57:40 use, some kind of zoning change for that recently.




06:57:43 And, you know, having some kind of idea where you are going

06:57:46 with all this would help us in the future.

06:57:50 Now again, that's not something to share with us tonight.

06:57:53 I'm just curious because when we talk about zoning issues,

06:57:56 talk about encroaching in neighborhood, we would like to

06:57:59 know what the neighbors, meaning you, are going to be doing

06:58:02 to their neighbors.

06:58:03 So it's important for us.

06:58:07 One other question that I have.

06:58:10 Now, we are going to get rid of that old parking garage and

06:58:17 we are going to put this other one that's obviously

06:58:20 landscaped much nicer, and, you know, hopefully look a

06:58:25 little better than the current facility.

06:58:28 There are no other plans in terms of on the parking

06:58:31 facilities that are necessary for the current footprint of

06:58:35 either hospital that you know of, correct?

06:58:37 >> That I know of, yes, sir, that's correct.

06:58:42 >> What is your position?

06:58:43 >> I'm the administrator of Women's Hospital.

06:58:45 >> You are the administrator of the Women's Hospital?

06:58:47 >> Yes, sir.

06:58:47 >>MIKE SUAREZ: Thank you.

06:58:49 That's all I have.

06:58:56 >>CHARLIE MIRANDA: Any other council members?

06:58:57 Mrs. Montelione.




06:58:58 >>LISA MONTELIONE: Thank you.

06:59:00 Ms. Feeley?

06:59:01 With the changes that transportation has reviewed, the

06:59:07 revision sheet, there's a statement that they have reviewed

06:59:12 the subject site plan and have the following comments.

06:59:17 Do those changes -- and maybe this is more of a question

06:59:19 directly for transportation, but do those changes change

06:59:26 their finding from inconsistent to consistent?

06:59:29 Or is it still inconsistent even with the changes between

06:59:32 first and second reading?

06:59:34 >> They have a standing objection, even with the changes,

06:59:38 and one of those changes is the waiver, the 26-24, as you

06:59:41 know the code was amended, and that 26-24 is no longer. 24

06:59:46 feet is now standard.

06:59:48 >> So I just wanted to make it clear that their objection

06:59:52 still stands, finding of inconsistent, and the addition of

06:59:56 the waivers in between or the changes in between first and

07:00:01 second reading don't change that finding?

07:00:04 >> That is correct.

07:00:05 >> And Ms. Calloway from transportation.

07:00:17 I think that was my only question.

07:00:18 >> Anyone in the audience care to speak on this subject

07:00:30 matter?

07:00:30 I see no one.

07:00:31 I am going to take up my five minutes or less. I'm not




07:00:31 going to give myself and extension. When you look at things

07:00:45 you have to understand what the words mean and what impact

07:00:48 it has.

07:00:48 There are structural deficiencies.

07:00:52 Sounds like it's falling apart.

07:00:53 Everything has structural deficiencies.

07:00:56 Your home, if it's six months old, has structural

07:00:59 deficiencies because the weather gets to it at some point in

07:01:02 time.

07:01:04 If these deficiencies are there, they should have been

07:01:06 addressed years ago, and they wouldn't have been to the

07:01:11 point that it is now.

07:01:12 They never said it's a structural danger that we cannot use

07:01:16 the garage.

07:01:17 By their own admission they are using the garage today.

07:01:21 Let me give you a quick history.

07:01:23 I am going to go back 25, 30, 40 years real quick.

07:01:27 MacDill never went through, stopped at Saint Isabel.

07:01:30 Did the neighbor object opening it to them, Buffalo, now

07:01:34 MLK?

07:01:35 The answer is no.

07:01:36 The neighborhood objected to the opening of Tampa Bay mall?

07:01:40 The answer is no.

07:01:42 However, they did object to a curb cut that was handed out

07:01:45 by then mayor Poe and retracted upon the admission by Ross




07:01:51 company in Virginia.

07:01:52 Let me also say that council member Mulhern's question

07:01:56 regarding the property east, boarded east on Gomez, west on

07:02:02 MacDill, south on Lake, and north on Saint Isabel, there

07:02:10 were homes there.

07:02:13 Seven to nine if I remember exactly.

07:02:17 They said the only property in this whole map, since they

07:02:21 have a court reporter here, the only property in the whole

07:02:23 map that was zoned differently, what you see here today, was

07:02:27 this one, RO-1, OB-GYN operation.

07:02:32 Doctors Hospital opened a hospital in the corner of Virginia

07:02:36 and MLK.

07:02:38 Did anybody object to that in the neighborhood?

07:02:40 No.

07:02:42 Doctors Hospital sells to Humana, and goes from a one-story

07:02:47 to a three-story hospital, but here is where the problem

07:02:50 starts in the neighborhood.

07:02:52 They built a five-story garage.

07:02:54 And I remember it vividly saying then, do you build a

07:02:58 three-bedroom house with a five-bedroom, five Baaed

07:03:02 bathroom, with only three beds?

07:03:03 The answer is no.

07:03:05 Well, that tells you something else is coming.

07:03:08 As it goes out, St. Joseph's didn't buy the property.

07:03:12 It whats Humana that bought the property.




07:03:14 St. Joseph's acquired the hospital from Humana.

07:03:18 As it goes out, here were homes like where you and I live.

07:03:25 All of it

07:03:26 So what has happened is without a master plan, and the fine

07:03:33 hospital which has fine doctors and fine nurses, no doubt

07:03:36 about that, what it's turned out to be is a killing of a

07:03:42 certain section of a neighborhood, because through their own

07:03:46 admission, none of these would have happened if they weren't

07:03:54 needed for the hospital care and their need.

07:03:59 Yes, at one time there was parking on Habana. Yes, at one

07:04:02 time that was also a rehab place for us that needed it

07:04:06 called Cortisu that was sold. To who?

07:04:14 St. Joseph's hospital.

07:04:15 St. Joseph's hospital then used that property for years to

07:04:18 transport their needs and their employees and did a very

07:04:23 good job of it.

07:04:24 Therefore, then comes the additional 10 or 11 or 12-story

07:04:28 parking garage on the corner of MacDill, northwest

07:04:33 corner of MacDill and MLK.

07:04:37 At that time, they were asked, any other changes?

07:04:40 No.

07:04:40 That's all we need.

07:04:43 The same property that we are talking about between Saint

07:04:45 Isabel, Lake, MacDill, and Gomez could never have been

07:04:51 here today if it wasn't that they had the comp plan changed.




07:04:58 And back in the 80s when it was all RO residential and

07:05:05 then a line was formed because of a small plan amendment

07:05:08 that no one had to be notified because it was attached to a

07:05:12 large amendment.

07:05:13 This portion here to the north was changed for commercial.

07:05:19 These are all facts.

07:05:20 I'm not making it up.

07:05:25 All I have to go by are the record.

07:05:27 What has happened here, if it had happened in Davis

07:05:29 Island -- and I'm not trying to pit neighborhood against

07:05:32 neighborhood -- Davis Island, Tampa General Hospital, had to

07:05:36 pay $1 million for a sliver of land for what they needed.

07:05:41 This would have cost tens of millions of dollars, what they

07:05:43 have done to this neighborhood.

07:05:45 Not only here, but in previous and past zonings.

07:05:50 Just recently, they rezoned.

07:05:52 Why is the parking garage dysfunctional?

07:05:56 I would have to imagine, it's dysfunctional because it in

07:06:01 the way of expansion of the Women's Hospital.

07:06:04 It's only common sense.

07:06:06 Women's Hospital is first.

07:06:08 They have done a good job.

07:06:10 And the young lady who represented them is an excellent

07:06:12 administrator.

07:06:13 I visited with her in the past years, and I think it's her.




07:06:16 She's gotten even prettier.

07:06:18 And it's gotten to the point where they are larger than what

07:06:25 they can afford to be.

07:06:26 They have taken over something that they are biting at the

07:06:29 apple and now the only thing left is the core.

07:06:32 What is happening here is a change and the atmosphere of

07:06:40 their imagination, what they want to be, through their own

07:06:43 admission.

07:06:43 They don't have a plan.

07:06:44 But then again you have to think if they don't have a plan

07:06:47 how did they get where they are at?

07:06:49 What happened here?

07:06:52 The next step I would imagine that could happen in the

07:06:54 future -- not that I would say it will -- that could happen

07:06:58 would be that the petitioner close Saint Isabel because now

07:07:01 they own both sides of the street.

07:07:03 There are no residents.

07:07:05 There were residences there and there were residences in the

07:07:07 corner of Saint Isabel and Gomez as there were residents in

07:07:10 the corners of Saint Isabel and Gomez to the north and

07:07:15 Virginia and Gomez a block further.

07:07:19 That's also now, guess what, parking.

07:07:25 So residents that were there are no longer there.

07:07:27 And I am about 30 seconds left in my five minute

07:07:30 presentation.




07:07:30 So what I'm saying is these things had to be done with some

07:07:34 type of marketing.

07:07:37 You just don't do these things without knowing what you are

07:07:39 doing.

07:07:41 Yeah, they are a regional hospital.

07:07:43 I'm not questioning that at all.

07:07:45 The question is, where does it stop?

07:07:51 It's been going on now for -- I'll tell you when, since

07:07:55 1978.

07:07:56 That's when it first started with Humana did what they did,

07:08:02 and then, although they are not responsible for what Humana

07:08:05 did, they assumed that responsibility where they took over

07:08:08 the purchases of the Humana hospital.

07:08:10 Those are all facts in the records.

07:08:12 I can even tell you what the houses in that block sold for

07:08:15 at the time when houses were selling for $35,000.

07:08:18 But I won't go into that because those not part of the

07:08:21 zoning.

07:08:21 So what I'm saying is that these are the things that they

07:08:26 have worn out the neighborhood.

07:08:27 In fact most of them have died.

07:08:30 I almost died.

07:08:31 I came back.

07:08:33 But I wanted to make sure everybody understood, I have no

07:08:36 interest.




07:08:37 To me, I want to live where I'm at no matter what, and if

07:08:44 mine was zero I would be happy because I pay no taxes but

07:08:47 I'm not into that.

07:08:48 So what I'm saying is these are the facts and they have to

07:08:52 do a lot more explaining why they are doing what they are

07:08:54 doing, and to myself, not to others, as to what the reason

07:08:59 is that it's happening and what's going on.

07:09:01 There were some good questions by council members, and I

07:09:03 appreciate that.

07:09:05 and there were some good responses from the team of LaRocca

07:09:11 and Davis.

07:09:13 And let's see where we go.

07:09:14 Mr. Davis, you have the floor unless there's other questions

07:09:17 by council members.

07:09:18 Ms. Capin.

07:09:21 >>YVONNE CAPIN: I will say that living and growing up in

07:09:23 that neighborhood, and I came from a neighborhood in Ybor

07:09:30 City, and we talk about encroaching on neighborhoods.

07:09:38 We have watched this, 1970 would be 34 years, one right

07:09:45 after the other being rezoned for office, Wes they were all

07:09:51 resident-owned.

07:09:55 This is very much what happened in this neighborhood.

07:09:58 And the neighborhood did not -- I remember very distinctly.

07:10:04 As a matter of fact, I had a business at the Tampa Bay

07:10:06 center when it opened in 1976.




07:10:15 That parcel was a horse farm, I believe, horse stables,

07:10:20 right?

07:10:24 Had the horses there.

07:10:25 But, you know, it is a regional hospital.

07:10:28 It is all of those things.

07:10:29 But what I am trying to understand is the amount of parking

07:10:36 spaces, or parking is almost virtually the same.

07:10:42 So, again, the structure is not dangerous.

07:10:47 It needs to be repaired.

07:10:49 I didn't hear danger.

07:10:51 I didn't hear that it's life threatening.

07:10:56 If it is, let me know.

07:10:57 >> Council members, let me set the stage.

07:11:04 And I am going to respond to that specific question in one

07:11:06 moment.

07:11:07 Let me set the stage here.

07:11:08 This is not a change of convenience, council members.

07:11:10 This is a change that St. Joseph's hospital believes is an

07:11:14 integral part of continuing to improve their service to

07:11:17 their patients and to the folks that visit the hospital.

07:11:20 I have standing beside me Mr. William Chevlin from the

07:11:26 hospital, and he highlighted four points to me.

07:11:29 The current parking garage is dangerous both to patients and

07:11:32 visitors.

07:11:34 Their access in the garage involves a number of locations




07:11:37 where there are almost 180-degree turns.

07:11:40 There are blind spots and there have been accidents.

07:11:43 And Mr. Chevlin, is that an accurate description of what you

07:11:50 told me?

07:11:50 >> That is.

07:11:51 >> Now, we want to make sure we maintain an adequate number

07:11:54 of parking spaces to serve visitors and patients because at

07:11:58 the end of the day the job that St. Joseph's does at that

07:12:01 location is it provides health care in a safe and efficient

07:12:04 manner that serves the patients and serves visitors, and

07:12:07 that's what we are trying to do.

07:12:09 The existing parking garage is not safe.

07:12:12 And what is important is that this particular option as

07:12:16 reviewed by your staff, as reviewed by your staff, as

07:12:19 concluded by the Planning Commission, is consistent with the

07:12:22 comprehensive plan.

07:12:23 It is interesting to note that on the area where there is an

07:12:27 existing buffer, which arose out of prior land use

07:12:31 decisions, that buffer remained, that buffer stays.

07:12:35 The buffering that goes into this parking area is adequate

07:12:38 and meets your standards and stash-licious compatibility.

07:12:42 Mr. LaRocca has talked to you of compatibility.

07:12:46 Let's take a quick look at this issue of the two points of

07:12:49 access to the parking garage.

07:12:50 First of all, those points of access to the parking garage




07:12:53 are essentially right there as part of an integral function

07:12:57 of the campus itself.

07:12:59 And I believe when we look at the language, the key language

07:13:03 from staff analysis is the initial language was

07:13:07 inconsistent.

07:13:08 And why was that initial language inconsistent?

07:13:10 That initial language was inconsistent because we applied

07:13:13 for a waiver to permit there to be two access points there,

07:13:18 right along Saint Isabel, that permit people to park, and

07:13:22 then utilize the pedestrian crossings to get to the main

07:13:25 hospital campus.

07:13:27 The use of the word objection is not correct.

07:13:30 What is correct it was inconsistent, and that was the

07:13:34 function of the -- if the waiver were granted, if the waiver

07:13:38 were granted, then it is no longer inconsistent.

07:13:42 But let me come again back full circle.

07:13:44 >> (off microphone) oh, I'm sorry.

07:13:54 If the waiver is granted, if the waiver is granted --

07:14:01 >>JULIA MANDELL: Legal department.

07:14:02 >> I believe Mrs. Montelione asked that question.

07:14:06 >>JULIA MANDELL: When you have a question in front of you

07:14:08 that's a waiver versus code, pure code compliance, staff

07:14:12 oftentimes will not remove the inconsistency and City

07:14:19 Council needs to take action on it because it's not

07:14:21 something that can be resolved between first and second




07:14:23 reading.

07:14:24 It's a question for council.

07:14:25 So I think the inconsistency to the local road access is

07:14:28 something that cannot be resolved by staff between first and

07:14:32 second reading like other types of inconsistencies can.

07:14:34 That's something that City Council needs to weigh and make a

07:14:37 decision on.

07:14:38 In their evaluation of the case.

07:14:43 And that's why that inconsistency isn't being removed

07:14:47 between first and second reading.

07:14:55 >>CHARLIE MIRANDA: Mrs. Mulhern?

07:14:57 >>MARY MULHERN: I was just going to say that's why they

07:14:59 have to ask for a waiver, because it is inconsistent.

07:15:06 But I'm translating from legalese.

07:15:10 To council-ESE.

07:15:12 >> But it is important, council members, to not lose sight

07:15:18 of the threshold consideration, a and this is the threshold

07:15:20 consideration -- and Mr. Chevlin is here to answer to any

07:15:24 questions that you may have -- relates to safety of the

07:15:26 parking garage.

07:15:27 >> When we speak of this, you know, we are talking about the

07:15:32 parcel.

07:15:33 But to say that this neighborhood was not impacted even

07:15:38 beyond the line, the street, Habana, MacDill, absolutely

07:15:46 they are impacted, absolutely cars go into those




07:15:50 neighborhoods.

07:15:53 Those neighborhoods are absolutely impacted by everything

07:15:56 that happens on these properties, and it has been impacted

07:16:03 for a very long time, because cars do drive through the

07:16:06 neighborhood.

07:16:07 They do cut through those neighborhoods to get to Tampa Bay

07:16:11 Boulevard, to head to Dale Mabry from Tampa Bay -- so the

07:16:17 neighborhood, just because there is the line, where there

07:16:20 will be no more -- there cannot be any more rezoning,

07:16:27 doesn't mean that the neighborhood is not impacted.

07:16:30 It very much is.

07:16:31 And it has been.

07:16:36 So I am looking at this, and, you know, for instance, if you

07:16:40 are going to -- this parking lot is granted, will we be

07:16:49 hearing down the road that you are going to put a garage and

07:16:54 an addition?

07:16:55 Because this land is sitting there?

07:16:57 I mean, this has happened.

07:17:00 I mean, I don't have a crystal ball and neither do you, but

07:17:04 this is what has happened with this over and over again with

07:17:08 the St. Joseph's and Women's Hospital.

07:17:11 My grandson was born there February 29th last year.

07:17:14 It is an excellent hospital.

07:17:16 There is no doubt about it.

07:17:18 So that I will be clear on.




07:17:22 But I want to really thoroughly understand this before I

07:17:27 vote.

07:17:27 >> And if it would help, I can actually have a

07:17:31 representative from St. Joseph --

07:17:34 >>CHARLIE MIRANDA: Well, over the five minutes but you are

07:17:35 entitled to when the wrap-up finishes, and she's finished

07:17:41 she just said.

07:17:42 Anyone else?

07:17:43 You have five minutes to address whatever you want, sir.

07:17:45 It's your prerogative.

07:17:46 >> I think we'll address that first question about future

07:17:48 oriented direction.

07:17:50 And based upon what my client has already indicated this

07:17:54 evening, there are no plans other than what you have seen.

07:17:59 For the parking that you have seen detailed on those plans.

07:18:02 There are not plans for another parking garage.

07:18:07 The plans speak for themselves, and those represent the

07:18:09 future oriented direction for the hospital on this

07:18:12 particular property.

07:18:14 Now, coming back to the fundamental point -- and I know I

07:18:19 will be rebuttal here but it's important -- the existing

07:18:21 parking garage had safety problems.

07:18:25 The existing parking garage has access problems.

07:18:27 The existing parking garage has blind spots that present

07:18:30 safety issues to both patient and visitors there.




07:18:36 That was the initial catalyst for St. Joe's to propose the

07:18:41 changes that are before you now.

07:18:43 And at the end of the day what is the function of those

07:18:45 changes?

07:18:46 The function of those changes is to create a parking

07:18:49 aesthetic that is compatible with the neighborhood as we

07:18:53 heard from testimony, function sufficiently and safely for

07:19:00 workers from the hospital to park their automobiles and get

07:19:02 to the major campus, but it goes further than that.

07:19:05 There is a detailed traffic analysis that is part of the

07:19:07 record that showed the standards are maintained for

07:19:11 intersection, shows the that standard are maintained on the

07:19:14 road network in the vicinity of the hospital.

07:19:17 So this particular change is not seeking approval of any

07:19:21 additional entitlements.

07:19:23 This change is proposing a way to address the fact that

07:19:27 there are safety issues with the existing parking garage,

07:19:31 but to do so in a way that is compatible with the

07:19:35 comprehensive plan, consistent with the goals, policies and

07:19:38 objectives, and in compliance with the Land Development

07:19:40 Code.

07:19:42 And you have got professional testimony in the record that

07:19:45 addresses each of those issues that concludes that each one

07:19:49 of those points is being addressed.

07:19:52 Each one of those point has been addressed by the design put




07:19:57 together by the consultants for St. Joseph's hospital.

07:20:00 The buffering put together by the consultants for St.

07:20:03 Joseph's hospital.

07:20:04 The access issues and the pedestrian crossings have been

07:20:07 analyzed by Mr. Henry, and he has met with your staff.

07:20:12 And so at the end of the day, St. Joseph's hospital is

07:20:15 reaching out to the city and working in unison to propose a

07:20:20 plan that satisfies your development criteria that is

07:20:23 consistent with your comprehensive plan, and will permit

07:20:26 them to move forward to create a safe and viable alternative

07:20:31 to the problems that currently face with their parking

07:20:34 structure.

07:20:35 And I can't emphasize enough that when you look at your Land

07:20:39 Development Code and when you look at your comprehensive

07:20:41 plan, and you look at the standards that are expressed

07:20:44 there, you have a finding by the Planning Commission staff

07:20:47 that this proposal is consistent with the comprehensive

07:20:50 plan.

07:20:53 Mr. Henry has testified as to the pedestrian crossing.

07:20:58 He has met with staff, and they find those acceptable.

07:21:02 So we are trying -- we are trying to make a proposal that

07:21:07 satisfies all your criteria.

07:21:09 We are trying to make a proposal that it's consistent with

07:21:11 the comprehensive plan.

07:21:15 And we are trying to show you how each one of those steps




07:21:17 occurred.

07:21:18 And why is this important?

07:21:20 It is important because at the end of the day, St. Joseph's

07:21:23 hospital, as many of you have noted in your questions, is in

07:21:27 the business of providing quality health care in this

07:21:30 community and has been in that business for many, many, many

07:21:34 years, and they want to make sure that this location

07:21:38 functions efficiently and effectively.

07:21:42 But they are willing and recognize their obligation to do so

07:21:46 in a way that meets your standard.

07:21:48 And that's what this proposal is intended to do.

07:21:50 And I would submit to you that's what this proposal does do.

07:21:54 It meets your standards.

07:21:57 And it also helps the hospital address the safety

07:22:03 considerations that arise with their current parking garage.

07:22:07 Let me inquire of St. Joseph's.

07:22:12 Are there other comments you would like to make about the

07:22:14 safety issue?

07:22:15 >> I would just like to say that I understand as a resident

07:22:18 of the community what an impact St. Joseph's has had over

07:22:20 the course of time, and -- I'm sorry.

07:22:23 >> I just need your name.

07:22:24 >> Kimberly guys.

07:22:26 I apologize.

07:22:27 And I just want to say that we very much value our




07:22:30 relationship with the community.

07:22:31 And our commitment, this is about parking, but it's also

07:22:35 that we can provide care to the community.

07:22:37 We deliver 7,000 babies a year to this community in that

07:22:40 hospital, is very proud of what we do.

07:22:43 We are very proud of our relationship.

07:22:45 It has never been our intent to take over the neighborhood.

07:22:49 But I think because of our growth and our success and the

07:22:51 support of the community, we have outgrown what we started

07:22:54 with.

07:22:55 When it was Doctors Hospital.

07:22:57 I thank you for your consideration.

07:23:01 >>CHARLIE MIRANDA: Thank you very much.

07:23:01 (Bell sounds)

07:23:02 That's your five minutes.

07:23:03 I appreciate the presentation.

07:23:04 What I am going to say is this.

07:23:06 St. Joseph -- and I'm not asking for a response -- St.

07:23:09 Joseph's has another parking garage, the main campus on

07:23:14 Habana, but also has many deficiencies, and they addressed

07:23:18 them.

07:23:19 Because a few years ago, four or five years ago, I've seen

07:23:24 it, I saw it, they had pillars in there, they had concrete,

07:23:28 they had the arm girders holding up the floors, they had the

07:23:32 separation between the concrete pads one to another, and if




07:23:36 you want something that's dysfunctional, that's just as

07:23:39 dysfunctional if not more so than this one because as you

07:23:42 drive in, downtown know if you are going go right, left or

07:23:45 straight.

07:23:45 And when you talk about accidents, I don't have a police

07:23:48 record.

07:23:48 I never asked for one.

07:23:49 But I would imagine they would be comparable.

07:23:52 Thank you all very much.

07:23:53 Okay.

07:23:53 Any other council members?

07:23:54 >>FRANK REDDICK: Mr. Move to close.

07:24:00 >>CHARLIE MIRANDA: I have a motion to close by Mr. Reddick.

07:24:03 >> Did we hear from the public?

07:24:07 >>CHARLIE MIRANDA: Yes, we heard from the public earlier.

07:24:08 >>MARY MULHERN: I think my motion is for the Planning

07:24:11 Commission, if you wouldn't mind.

07:24:17 Councilman Miranda and I worked on the update of the

07:24:21 comprehensive plan for over the last previous four-year

07:24:25 term, and I would like somehow to me, when I look at your

07:24:33 report under your summary, in the second paragraph, and you

07:24:38 talked about this, and I think we did have some confusion so

07:24:40 maybe you can clear this up.

07:24:42 The land use category is residential 20 as opposed to what

07:24:48 we talk about, zoning categories, RS-50, right?




07:24:54 >> Correct, council member.

07:24:56 David Hey Planning Commission staff.

07:25:00 The zoning site actually had three land use categories.

07:25:03 >>MARY MULHERN: That's what I wanted to talk to you about.

07:25:05 Because when I look at those, two of those three land use

07:25:09 categories are residential.

07:25:12 They are residential 20 and residential 10, which I think

07:25:16 you said earlier.

07:25:17 >> Correct.

07:25:17 >>MARY MULHERN: How is a surface parking lot tag over an

07:25:25 entire block of residential land use, zoning category, how

07:25:32 is that consistent with our new comprehensive plan?

07:25:35 >> Well, a number of the policies, addressing parking

07:25:41 garages, are focused in the mixed use corridors and the

07:25:45 business district.

07:25:47 That's a lot of language.

07:25:48 There's some encouragement just for general commercial use

07:25:52 to have -- to be encouraged to do some sort of structured

07:25:56 parking.

07:25:56 But there are no requirements in the Land Development Code.

07:25:59 >>MARY MULHERN: But is there something in the Land

07:26:02 Development Code or in the comprehensive plan that

07:26:05 encourages surface parking?

07:26:09 Turning residential --

07:26:11 >> When Planning Commission staff looked at this, there is




07:26:14 that policy, which is 19.8.1, and that's the one that I

07:26:20 think Chairman Miranda was discussing about the permit

07:26:24 office development to in-fill on vacant parcels, or

07:26:27 redevelop existing parcels in areas adjacent to St. Joseph's

07:26:31 hospital from the south right line from Martin Luther King

07:26:34 Boulevard to the south property boundary of those lots, the

07:26:37 south right-of-way line of Saint Isabel street between

07:26:40 Armenia and McGill Avenue.

07:26:42 When Planning Commission staff looked at this we did not

07:26:45 view it, the planning staff did not view it as an

07:26:49 encroachment in a neighborhood.

07:26:51 Already there's the buffer on the south side of the

07:26:53 property.

07:26:53 Those properties are now, because of that little park, that

07:26:58 linear park that's on the north side of Lake, they are

07:27:01 basically functioning as oriented to Saint Isabel, and also

07:27:05 the residential 20 parcel that is on the west side of the

07:27:11 overall development is already approved for office, and has

07:27:14 a commercial parking lot on it.

07:27:16 So when we were looking at this, we do not view it as an

07:27:20 encroachment due to that policy, and the existing

07:27:23 development pattern that's on it.

07:27:30 >>CHARLIE MIRANDA: Ms. Montelione?

07:27:32 >>LISA MONTELIONE: I'm glad you brought that up, Mr. Hey,

07:27:34 because in looking at 19.8.1 it says permit office




07:27:39 development to in-fill on vacant props or redevelop existing

07:27:42 parcels and areas adjacent to St. Joseph's hospital.

07:27:47 Office development.

07:27:48 It doesn't say parking.

07:27:49 >> No.

07:27:51 But when Planning Commission staff looks at parking, it's

07:27:55 very similar to office, because especially this parking is

07:27:59 associated with a medical use, which --

07:28:01 >> But that's not what it says.

07:28:03 It says office development.

07:28:05 And I'm very confused how a parking lot can be extrapolated

07:28:11 to be an office development.

07:28:17 So maybe office development or the medical use.

07:28:19 Accessory uses are, you know, available in a lot of land use

07:28:23 categories and are permitted to be an extension of the use

07:28:27 of that property that may be adjacent to it.

07:28:29 But that's not what it says.

07:28:33 It says office development.

07:28:35 >> But when Planning Commission staff looked at it, we do

07:28:38 look also at the Land Development Code which defines the

07:28:41 parking as an accessory use to those medical office to the

07:28:46 north.

07:28:47 So to us, we work in tandem.

07:28:51 The comp plan talks about office, but the Land Development

07:28:54 Code provides that parking can be accessory to the office




07:28:59 use.

07:29:00 >> Well, I'm looking at a very literal interpretation, and

07:29:05 none of that is actually -- you don't go into that in your

07:29:09 summarized reports.

07:29:11 So it seems like it would be up to us then to interpret what

07:29:16 you say here, and what you say here is office development.

07:29:19 >> Well, the part --

07:29:22 >>LISA MONTELIONE: We can't, you know, hear the

07:29:24 conversation where you say working in conjunction with land

07:29:26 development staff.

07:29:28 >> Right.

07:29:29 >>LISA MONTELIONE: I'm going with what's printed on this

07:29:31 page and in the code, and in the code is office development,

07:29:34 and that brings up Ms. Mandell, which I'm that was the next

07:29:38 question I was going to ask, was, please, the waiver

07:29:42 criteria.

07:29:43 I mean, I asked you before.

07:29:48 Ms. Capin followed up with it.

07:29:49 And now I really want to be clear.

07:29:52 And I don't think we are clear on the waivers that they are

07:29:57 requesting.

07:29:58 And how that changes or does not change the inconsistent

07:30:03 finding, and also what it means as far as the basis of our

07:30:07 decisions.

07:30:07 >>JULIA MANDELL: Legal department.




07:30:10 I am going to take a step back just to remind council how it

07:30:18 needs to be reviewed.

07:30:19 First question is a review of whether the plan in front is

07:30:22 consistent with the comprehensive plan, the policies that

07:30:24 have been highlighted and potentially any other policies.

07:30:27 Certainly City Council is the ultimate determiner of what

07:30:32 the comprehensive plan says and whether something is

07:30:34 consistent with the comprehensive plan.

07:30:35 The next question is whether or not the application in front

07:30:38 of you meets the general standard for the PD criteria that

07:30:42 you have in front of you.

07:30:43 And really the third question is if there's any waivers

07:30:45 associated with the PD, whether or not it complies with the

07:30:49 code as it relates to --

07:31:02 And the waiver might be part of your packet.

07:31:04 The criteria that you were using analyzing whether or not

07:31:06 the waivers are appropriate in this particular case.

07:31:16 >>CHARLIE MIRANDA: Thank you.

07:31:17 Mr. Davis, I am going to allow you a minute and a half to

07:31:19 wrap.

07:31:20 You had your five minutes but there have been some

07:31:22 conversations and I just want the record clear.

07:31:25 >> Thank you, council members.

07:31:27 I appreciate.

07:31:27 That council members, two points.




07:31:29 Two points that I will make.

07:31:31 One is the fact that again, and you have heard again about

07:31:35 the focus and the sensitivity of St. Joseph's hospital and

07:31:39 the desire to be -- the partner it has been in this

07:31:43 community.

07:31:44 And that's what is at issue here, to be an effective partner

07:31:48 at this location, we need the parking arrangement that we

07:31:52 have asked for.

07:31:54 And that's what St. Joseph is asking.

07:31:58 And there's an interesting, a fascinating point in the

07:32:02 waiver criteria, because one of the waiver criterias is

07:32:05 number 4, allowing the waiver will result in substantial

07:32:08 justice being done, in both the public benefits, intend to

07:32:12 do to be secure by the chapter and on the applicable

07:32:16 standard.

07:32:18 Substantial justice being done in this context, we will

07:32:22 submit to you, would permit us to make these changes,

07:32:25 maintain the number of parking spaces we have referred to,

07:32:28 and do so in a way that's been proposed, which takes into

07:32:32 account the need to be consistent and compatible with the

07:32:35 other uses in the area.

07:32:38 And again, this is all focused on the desire to be part of

07:32:42 the community and to provide safe access, safe parking, and

07:32:48 safe pedestrian locations for folks entering the hospital.

07:32:52 And as the waiver discussion ensued, it is also important to




07:32:56 keep in mind that the waiver is only one issue here.

07:33:00 The other issue is the appropriateness of the land use

07:33:02 itself, the parking.

07:33:04 So we believe we have met the waiver criteria that are in

07:33:07 your code.

07:33:09 Mr. Henry has testified the factors that support those

07:33:13 conclusions.

07:33:14 We have evidence that the waiver, if granted, the waiver is

07:33:18 in harmony with adjacent uses.

07:33:20 Again, Mr. Henry has testified to those matters as well as

07:33:22 Mr. LaRocca.

07:33:24 I appreciate the additional minute and a half to summarize,

07:33:29 and thank you all very much for your patience.

07:33:30 >> Thank you, Mr. Davis.

07:33:32 I had a motion earlier, motion by Mr. Reddick to close the

07:33:35 hearing.

07:33:37 Second by Mrs. Montelione.

07:33:38 Before I do that, anyone else in the public who has not

07:33:41 spoken care to speak?

07:33:42 I didn't see any the first time.

07:33:43 I don't see any the second time.

07:33:45 All in favor that motion to close please say aye.

07:33:48 The ayes have it unanimously.

07:33:50 What's the pleasure of the council?

07:33:51 Who wants to read the ordinance?




07:33:54 Mrs. Montelione?

07:33:55 >> Mr. Chairman, move to deny the application Z-12-49, based

07:34:04 on the following criteria. (off microphone)

07:34:08 Chapter 27, 246, J-1, the code requires ingress and egress

07:34:13 from nonresidential parking lots to access arterial or

07:34:16 collector street.

07:34:16 I also want to highlight section 27-321, number 1, promote

07:34:21 the efficient and sustainable use of land and infrastructure

07:34:25 with careful consideration of potential adverse impact to

07:34:29 on-site natural elements surrounding impacted neighborhoods

07:34:32 and cultural resources.

07:34:35 And number 4, acknowledging changing needs, technologies,

07:34:40 economics, consumer preferences, and allows -- and

07:34:44 highlighting ingenuity and imagination in the planning and

07:34:47 development of relatively large tracks under unified control

07:34:51 as well as allowing flexibility in the redevelopment of

07:34:53 older areas of the city.

07:34:58 Number 8, promote architectural features and elements which

07:35:03 compliments the surrounding community and enhance the

07:35:05 overall quality of the development.

07:35:07 I want to site the Planning Commission policy, the policy

07:35:14 objective 19.8.1, permit office development to in-fill on

07:35:20 vacant parcels or redevelop existing parcels in the area

07:35:23 adjacent to St. Joseph's hospital with a legal description

07:35:26 of what that is.




07:35:29 >>CHARLIE MIRANDA: I have a motion for denial by Mrs.

07:35:31 Montelione.

07:35:31 Do I hear a second?

07:35:33 Second by Mrs. Mulhern.

07:35:34 Any further discussion by council members?

07:35:38 We'll vote on that motion.

07:35:40 All in favor of the motion for denial by Mrs. Montelione,

07:35:43 second by Mrs. Mulhern, please signify by saying aye.

07:35:47 Opposed?

07:35:48 >> Motion carried with Reddick and Cohen voting no.

07:35:57 >>CHARLIE MIRANDA: Thank you very much for attending.

07:35:59 We go to item number 2.

07:36:33 >>ABBYE FEELEY: Land Development Coordination.

07:36:34 Item number 2 on your agenda this evening is a special use

07:36:38 V-13-18 located at 403 to 405 North Westshore Boulevard.

07:36:47 The request before you tonight is for a drive-in window.

07:36:50 >> Good evening, council members.

07:37:05 David Hey, with your Planning Commission staff, and I have

07:37:08 been sworn.

07:37:09 The subject site is located within the Westshore district at

07:37:12 the southwest corner of Westshore Boulevard and West Gray

07:37:14 Street.

07:37:15 It also falls within the boundaries of the Westshore

07:37:19 business district and is located along a transit emphasis

07:37:24 corridor.




07:37:25 Next we have the arrow as you can see.

07:37:27 We have a lot going on in this area.

07:37:29 The subject site is in the center of the map.

07:37:31 Moving clockwise around the site, we have interstate 275 and

07:37:35 the embassy suites hotel to the north.

07:37:38 We have multifamily and single-family residential within the

07:37:41 Westshore Palms neighborhood to the east.

07:37:45 South along Westshore, we have commercial uses.

07:37:47 And you can see Kennedy Boulevard at the bottom of the map.

07:37:50 And to the west we have the Westshore plaza.

07:37:54 Sow so you can see it a pretty intensive area.

07:37:57 Finally we move onto the future land use map.

07:38:00 The subject site and properties to the north, south and west

07:38:03 are regional mixed use 100.

07:38:04 The most intensive category within all of Tampa and

07:38:07 unincorporated Hillsborough County doesn't get more

07:38:10 intensive than that.

07:38:11 Moving toward the east, we have residential 35 which is the

07:38:13 dark brown.

07:38:15 Then the lighter brown is residential 20.

07:38:17 Planning Commission staff found that the proposed special

07:38:19 use is consistent with the number of policies regarding

07:38:22 commercial redevelopment and economic development.

07:38:25 Therefore, Planning Commission staff find the proposed

07:38:27 special use request consistent with the Tampa comprehensive




07:38:30 plan.

07:38:30 >>ABBYE FEELEY: Land Development Coordination.

07:38:35 As I mentioned, this is a special use request for a drive-in

07:38:38 window.

07:38:39 This is the international jewelers.

07:38:41 That would be what you are most familiar with on Westshore

07:38:43 Boulevard.

07:38:46 This building was actually constructed in 1977 with a

07:38:48 drive-in window for a previous bank.

07:38:50 It changed use to the jewelers.

07:38:53 When it changed use to the jewelers, not many of you bought

07:38:55 jewelry through a drive-in window so the window ceased

07:39:00 operation, and in that instance it lost that special use

07:39:04 that was considered to be conform because it was constructed

07:39:07 prayer to 1987 when a special use is required for a drive-in

07:39:10 window in the commercial general district.

07:39:12 What is before you tonight is to reestablish that window

07:39:16 that is still there.

07:39:17 I'll show you some pictures.

07:39:18 There are two waivers.

07:39:20 The first is to allow access to a local street, gray street

07:39:24 and Fig Street.

07:39:26 The second is to reduce the minimum distance separation from

07:39:30 residentially zoned property.

07:39:31 And N my report it says from 50 to zero because there is a




07:39:35 drive aisle that goes to the property line.

07:39:37 But there is a four-foot stripe fire lane.

07:39:40 So it is from 50 feet to four feet for the fire lane,

07:39:45 because you wouldn't actually have cars queuing in the fire

07:39:48 lane.

07:39:49 So we can correct that between first and second reading.

07:39:52 As I mentioned to you, 1977, the building was originally

07:39:55 constructed, drive-in window was there, the most recent use

07:39:59 did not use it.

07:40:00 There is full access currently on Fig.

07:40:02 And there is full access currently on gray for the

07:40:05 commercial uses.

07:40:07 Because this is the window is considered a new use, the

07:40:11 waiver is required for the local street access.

07:40:16 Solid waste, solid waste will require an in on the north and

07:40:24 exit on the south.

07:40:25 And you will see how the solid waste is oriented in order to

07:40:29 receive service that way.

07:40:30 Let me go ahead and show you the zoning atlas.

07:40:37 David just showed you the aerial.

07:40:39 Along Westshore, that eastern side is commercial general, PD

07:40:46 here is Westshore mall, PD to the north, PG, and you can see

07:40:53 the site shown in green.

07:40:56 And here is an aerial.

07:40:58 You can see the access point.




07:41:00 Embassy suites immediately to the north.

07:41:02 Chipolte to the south.

07:41:04 And the multifamily residential immediately behind the site.

07:41:12 Here is the site.

07:41:13 It's currently undergoing renovation.

07:41:19 Since bank is an allowable use, by right, it is currently in

07:41:22 permitting to be making modifications to establish,

07:41:26 reestablish the bank use.

07:41:28 The window, however, requires your approval.

07:41:33 A look to the south is a little bit dark.

07:41:35 That's Chipolte.

07:41:36 To the north, embassy suites.

07:41:38 Immediately west, Westshore plaza.

07:41:40 This is a look from the corner of Fig and Westshore, looking

07:41:46 north.

07:41:48 This is a look from Fig looking north, at the access.

07:41:53 This is moving to the east.

07:41:55 The multifamily immediately behind.

07:41:57 This is from Gray Street looking south.

07:42:00 There's the brand new dumpster enclosure.

07:42:04 I brought you a little close-up picture.

07:42:06 The access to the embassy suites on the north.

07:42:09 A little shot at Chipolte.

07:42:12 They have an exit only onto Fig Street.

07:42:19 And that is it on that.




07:42:21 I have some minor site plan modifications the same as I

07:42:26 outlined in the revision sheet.

07:42:29 I handwrote that waiver down to the four feet versus the

07:42:31 zero feet on the fire lane.

07:42:32 Also I'm asking for some adjustment to the setbacks.

07:42:37 Based on the modifications being proposed the site does not

07:42:39 trigger -- the landscape code does not trigger the

07:42:44 buffering, because that's all commercial uses that are

07:42:47 established there today.

07:42:48 So the level of modification doesn't trip compliance in

07:42:51 those provisions of Kodak sees at this time.

07:42:54 There is an inconsistent finding by transportation related

07:42:56 to the access.

07:42:58 At a minimum, in the report, it said on Fig, because there

07:43:02 is access on Westshore, but again, according to solid waste,

07:43:06 we do need the in on the north and the out on the south.

07:43:10 I provided you with a special use criteria for drive-in

07:43:13 window on pages 2 and 3.

07:43:15 And that staff is available for any questions.

07:43:18 >>CHARLIE MIRANDA: Thank you very much.

07:43:18 Petitioner?

07:43:39 >>GINA GRIMES: With the law firm of Hill, Ward and

07:43:41 Henderson, 101 East Kennedy Boulevard, and I have been

07:43:44 sworn.

07:43:47 I am here this evening representing U.S. Ameribank.




07:43:52 Joining me is Tina Ford who is the vice-president and COO of

07:43:57 U.S. Ameribank and Danny Fisher who is the architect.

07:44:02 The reason we are here today is when U.S. Ameribank

07:44:05 purchased this property back in May of 2012, seeing the

07:44:09 drive-through window and knowing it was previously a bank,

07:44:12 and knowing that it was CG, the assumption was that the

07:44:15 drive-through window was a permitted use.

07:44:17 It wasn't until they submitted their plans for the interior

07:44:20 renovation where it was determined by Land Development

07:44:25 Coordination that the drive through window had lost its

07:44:28 conform status as a preexisting special use, and for that

07:44:32 reason we had to submit this special use application.

07:44:37 I want to point out, though, that when you are going from

07:44:39 the retail of the commercial jeweler that was previously

07:44:45 existing to a bank, you are actually decreasing the

07:44:47 intensity of the use.

07:44:49 Again, we are seeking nothing more but to reactivate the

07:44:54 existing drive-through window.

07:44:56 And given that the drive-through window was exiting, we are

07:45:01 also attempting to retain or preserve the existing

07:45:04 conditions on the site.

07:45:06 In the rear, I have included in your package of materials --

07:45:11 and Abbye also went through the pictures for you -- but this

07:45:14 is a close-up shot of the existing drive-through window.

07:45:19 As you can see it had a canopy over it.




07:45:21 What I am doing is really focusing on the rear of the site

07:45:24 because that's where the drive-through window is located.

07:45:26 You can see the drive-aisle area, these shots, and then you

07:45:35 can see the multifamily project.

07:45:38 And standing on the multifamily property, this is the

07:45:41 landscape buffer that actually exists outside of our

07:45:44 property boundary.

07:45:46 And on the multifamily project.

07:45:49 And there's another picture looking back towards the bank

07:45:52 from the multifamily.

07:45:53 You can see the landscape buffer.

07:46:00 You heard that we are proposing to retain the existing

07:46:03 condition of full access, both on gray and on Fig.

07:46:08 And the drive-through and the canopy and the two lanes are

07:46:11 all again in the same area.

07:46:12 I want to point out that when it comes to a drive-through

07:46:16 window, really the impact of a drive-through window are at

07:46:19 the window location.

07:46:22 The window itself is more than the required distance from

07:46:26 the adjacent residential property.

07:46:27 The window itself is 66, almost 67 feet from the eastern

07:46:32 property line, which exceeds the 50-foot requirement.

07:46:37 Those condos are an additional probably 100 feet prosecute

07:46:41 the property line, which means that -- I believe you can see

07:46:47 it better in this photo.




07:46:53 This photo here, you can see that they are set back an

07:46:57 additional 50 to 100 feet.

07:46:59 So the distance between the window and the actual

07:47:01 residential uses is probably somewhere between 100 and 150

07:47:05 feet.

07:47:06 Also, the window will have hand held speakers.

07:47:08 It will be a speaker system.

07:47:12 So again we are not necessarily increasing any impact to the

07:47:18 existing residential uses.

07:47:20 I would like to address the waivers very quickly.

07:47:24 Staff has stated that we need two waivers.

07:47:26 We agree that we need one waiver.

07:47:29 I would submit to you that there's a question about whether

07:47:31 the other waiver is necessary.

07:47:35 The first waiver is not.

07:47:38 We are dealing with a waiver for two lane.

07:47:40 We are not asking for a waiver from the distance requirement

07:47:44 for the window itself.

07:47:45 We are asking only for a waiver from the queue lane to the

07:47:49 residential property.

07:47:51 And you have in your package of materials the site plan, and

07:47:55 you can see the drive-through window is right here.

07:48:02 Some distance from the property line.

07:48:04 But the queue lane where this traffic will come and queue

07:48:10 into --




07:48:10 >> Can you move that down a little bit?

07:48:14 >>GINA GRIMES: That's what's closer.

07:48:18 Sorry about that.

07:48:19 At this time queue lane that doesn't meet the 50-foot

07:48:22 distance separation requirement.

07:48:26 We are, however, proposing to mitigate for that waiver

07:48:29 request.

07:48:31 During construction, the president of the neighborhood

07:48:37 association, which is this multifamily project to the east,

07:48:41 came and spoke to the construction supervisor and asked

07:48:44 whether or not we could enhance the landscaping that

07:48:47 actually sits on their property, not on our property, when

07:48:52 we were remodeling the bank.

07:48:53 And the bank hired Hardeman and Kempton to do a landscape

07:49:00 plan and that's included in your package of materials.

07:49:02 But in addition to what's in the landscape plan, we also

07:49:05 agreed to install 90 viburnum hedge plants on that landscape

07:49:11 strip, and also ten trees, so that's what we're proposing to

07:49:19 do in this area in order to enhance the landscaping and

07:49:19 mitigate for the waiver requests.

07:49:24 This area right in here. Right in here.

07:49:29 In addition to that I have spoken to the neighborhood

07:49:35 association president, Westshore Palms president is Alan

07:49:39 Johnson, and I committed to him that we would put into the

07:49:43 record our commitment to install that additional landscaping




07:49:47 on the private property to the east.

07:49:49 It captain be included in the condition to the site plan

07:49:53 like what is normally done because that property lies

07:49:56 outside of the subject property, so the staff has said you

07:50:00 have to work it out through private agreement.

07:50:03 As a result we are willing to enter into the record our

07:50:07 commitment to work with that condominium association and

07:50:11 agree to install the additional landscaping.

07:50:15 So I would like to enter that into the record, if I could.

07:50:18 And I'll bring it up in a minute.

07:50:24 >>CHARLIE MIRANDA: Mrs. Montelione?

07:50:25 >>LISA MONTELIONE: And I'm trying to look at the plan here

07:50:28 because it seems that that changed since I had my review

07:50:31 with staff, my agenda review on Tuesday.

07:50:37 The landscape plan is included in the packet that you gave

07:50:40 to us.

07:50:41 But it does not show -- I looking at the site plan to see if

07:50:46 it's on the site plan.

07:50:47 >> Hardeman Kempton prepared the landscape plan.

07:50:52 This additional commitment was something that I discussed

07:50:54 with Allen Johnson.

07:50:56 The neighborhood association president, not the condo

07:50:58 association president, but neighborhood association

07:51:01 president that we committed to install that.

07:51:04 We had already made that arrangement with the condo




07:51:06 association.

07:51:07 But now we are entering it into the record at this hearing

07:51:11 in order to show that we are mitigating for that waiver

07:51:13 request.

07:51:14 >>LISA MONTELIONE: Okay.

07:51:17 And maybe Ms. Mandell can clarify.

07:51:20 >> I would be happy to put it on the site plan.

07:51:23 >> Between first and second reading?

07:51:26 >> If they will let us but they are saying it's outside the

07:51:30 boundaries.

07:51:33 >>LISA MONTELIONE: I get it.

07:51:34 Okay.

07:51:34 So you are improving someone else's property, and it is not

07:51:37 shown on the landscape plan.

07:51:39 So we have known you a long time so your word -- in previous

07:51:47 hearings, you have complied with exactly what it was we

07:51:49 asked you, even though you didn't have to.

07:51:52 >> I am going to give to you the proposed condition that we

07:51:55 said we would add the revision sheet and put it on the site

07:51:58 plan between first and second reading and what it says is at

07:52:01 the request of the association and upon receipt of their

07:52:05 formal authorization meaning permission to go on their

07:52:08 property, developer shall install a landscape buffer on the

07:52:11 shore condominium association's property, in the area

07:52:14 immediately east of the eastern boundary of the property,




07:52:17 which is the subject of this special use approval.

07:52:19 And then we identify the 90 viburnum Hedges.

07:52:30 The height of those Hedges --

07:52:33 >>LISA MONTELIONE: I get it.

07:52:34 And the reason why it can't be done on your client's

07:52:37 property is because of the drive aisle width and the

07:52:42 constraints of the site?

07:52:45 >> All the way up to the curb.

07:52:48 This is the pavement.

07:52:50 The construction fence is right on the property line.

07:52:52 >>LISA MONTELIONE: So there wouldn't be any room to put

07:52:58 additional landscape without redesigning the whole site?

07:53:01 >>GINA GRIMES: Correct.

07:53:05 >>LISA MONTELIONE: And maybe you can clarify with either

07:53:07 Ms. Feeley's or Ms. Mandell's assistance, there are two

07:53:11 waivers, on the top of your presentation, there are two

07:53:14 waivers that you feel that the hearing from 50 to zero is

07:53:17 not necessary, so you would only be asking for waiver number

07:53:21 1 and not waiver number 2?

07:53:23 >> The queuing waiver is from 50 to 4, because you can see

07:53:28 there's --

07:53:31 >>LISA MONTELIONE: 4, not zero.

07:53:33 >> Yes.

07:53:34 She's going to change that between first and second reading.

07:53:37 >>LISA MONTELIONE: I see it.




07:53:39 Thank you.

07:53:42 >>GINA GRIMES: It's the second waiver and I can address that

07:53:45 now that we don't agree is required.

07:53:47 With all due respect to Melanie Calloway and Jonathan Scott

07:53:52 who raised this issue.

07:53:53 But if you look on 4, which is the staff report, on page 3,

07:53:58 what the staff does is they recite verbatim the code

07:54:05 criteria for this special use.

07:54:06 And if you look today, it says, the site shall have direct

07:54:11 access to an arterial or collector street as shown on the

07:54:14 major street map.

07:54:16 Well, we have access to Westshore Boulevard.

07:54:20 It doesn't say in these standards that we cannot have access

07:54:26 to the local road.

07:54:27 So what I'm saying is we don't need a waiver of "A," in my

07:54:34 opinion.

07:54:38 >>LISA MONTELIONE: Ms. Calloway, can you address it?

07:54:45 Ms. Mandell, whoever is comfortable enough to come to the

07:54:47 mike and maybe resolve this difference of opinion?

07:54:50 Because I am watching here for an explanation.

07:54:52 >> What I'm saying is it requires certain access.

07:54:58 It doesn't require all types of access.

07:55:01 As far as the special use standards are concerned.

07:55:03 >>LISA MONTELIONE: Understood.

07:55:05 Someone please, in the interest of time.




07:55:07 We have a lot of people here waiting.

07:55:08 >> Melanie Calloway, transportation planning.

07:55:12 The waiver she is discussing is 27-272 waiver that says

07:55:18 exactly what she said, that is required to reflect access,

07:55:22 arterial collector.

07:55:23 It is a direct access -- they do have direct access to

07:55:27 arterial collectors.

07:55:30 There is also being a local street, Fig.

07:55:33 We need an exit only for the solid waste vehicles.

07:55:36 They are asking for a full access.

07:55:38 So they need an access that's big and they use that waiver

07:55:43 to be able to access Fig.

07:55:48 Instructed by our legal department, that would be the

07:55:50 section of the code they would ask and need to have a waiver

07:55:54 to be able to access Fig Street.

07:55:56 >>LISA MONTELIONE: So if it was an exit only they would not

07:56:02 need the waiver but because it's an ingress and egress they

07:56:05 do need the waiver?

07:56:06 >> That's correct.

07:56:07 Because the solid waste vehicle has to use that to service

07:56:10 their site.

07:56:10 And in the code, you have another department in which it is

07:56:15 in conflict with.

07:56:17 If it is in conflict they must have that -- to have the

07:56:21 solid waste picked up, then they are allowed by code to have




07:56:25 it.

07:56:25 If they would have put an exit-only driveway, that would

07:56:28 have been by code and they would not need a waiver.

07:56:31 >> So you and Mrs. Grimes just have a philosophical

07:56:35 difference of opinion on whether or not it's allowable,

07:56:39 and -- I understand now with that explanation.

07:56:43 >>JULIA MANDELL: Legal department.

07:56:45 It's kind of form over substance argument.

07:56:48 Bottom line is there's an access that I think exist itself

07:56:51 for a period of time.

07:56:54 The city has asked for a access already.

07:56:59 Just a decision to try to be consistent, but I think at the

07:57:02 end of the day whether or not it's one section or another

07:57:04 section, it's in front of you to review the package and

07:57:08 request you to review in the that manner, and if there's an

07:57:11 issue we can deal with it between first and second reading.

07:57:14 >> That might have to be made in English, Mrs. Cole.

07:57:17 >>JULIA MANDELL: I mean one section of code.

07:57:23 The bottom line is part of the access point, the city is

07:57:26 asking for.

07:57:27 So I don't think City Council is in the position to say that

07:57:30 they cannot have that part of the access.

07:57:34 It's really half an access point.

07:57:36 And you need a waiver from at this juncture --

07:57:42 >>CHARLIE MIRANDA: Five minutes.




07:57:44 >> Thank you.

07:57:44 >> If you look at tab 5 it's the Sol I waste comments where

07:57:47 they say at the very bottom that at a minimum they need

07:57:51 access to gray, and ingress and egress to gray and Fig in

07:57:55 order for the solid waste trucks to get in there and service

07:57:58 the dumpster.

07:57:59 >> Also, embassy suites to the north has full access ton

07:58:04 Gray Street.

07:58:05 And Chipolte has full access on the south and egress to the

07:58:11 south.

07:58:12 So Fig Street already has commercial access.

07:58:16 >>CHARLIE MIRANDA: Any other council members?

07:58:17 Continue.

07:58:20 >>GINA GRIMES: Again we are only asking to preserve the

07:58:22 existing conditions and to reactivate an existing

07:58:25 drive-through window.

07:58:26 Other than the access issue and the waiver for the queuing

07:58:30 lanes, the city staff has in a other objections to this.

07:58:33 Planning Commission has found it consistent based on the

07:58:36 fact that the commercial redevelopment and economic

07:58:39 development project, and with that we are requesting your

07:58:43 approval.

07:58:44 >>CHARLIE MIRANDA: Thank you very much.

07:58:45 Anyone in the audience care to speak on item number 2?

07:58:48 Z-13-18?




07:58:50 Anyone in the audience care to speak on this item number 2?

07:58:54 >> I need to put this into the record.

07:58:57 >>CHARLIE MIRANDA: Certainly.

07:58:57 I have a motion to close by Mrs. Montelione.

07:59:00 Second by Mr. Reddick.

07:59:02 Do you want any closing time?

07:59:05 >>GINA GRIMES: No, sir.

07:59:05 >>CHARLIE MIRANDA: Very smart lady.

07:59:08 All in favor of the motion to close, please indicate by

07:59:11 saying aye.

07:59:11 Opposed nay.

07:59:12 Hearing is now closed.

07:59:14 Who wants to read the ordinance?

07:59:15 Ms. Mulhern?

07:59:16 >>MARY MULHERN: I move an ordinance approving a special use

07:59:27 permit S-2 approving a drive-in window in a CG commercial

07:59:32 zoning district in the general vicinity of 403-405 North

07:59:36 Westshore Boulevard in the city of Tampa, Florida and as

07:59:39 more particularly described in section 1 hereof providing an

07:59:42 effective date, and adding the revision sheet.

07:59:49 >>LISA MONTELIONE: Second.

07:59:51 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern, a second

07:59:53 by Mrs. Montelione.

07:59:54 Any further discussion by council members?

07:59:56 All in favor of the motion please indicate by saying aye.




07:59:59 Opposed nay.

08:00:00 The ayes have it unanimously.

08:00:01 >>THE CLERK: Motion carried unanimously.

08:00:04 Second reading and adoption will be on February 7th at

08:00:06 9:30 a.m.

08:00:08 >>CHARLIE MIRANDA: Thank you very much.

08:00:10 Item number 3.

08:00:30 >>ABBYE FEELEY: Item 3 is Z-12-51 located at 3012 through

08:00:34 3028 West North "A" street.

08:00:37 The request before you this evening is from RS-50

08:00:40 residential single-family to PD planned development for

08:00:44 parking, commercial off-street.

08:00:45 >> David Hey with your Planning Commission staff and I have

08:00:57 been sworn.

08:00:59 While we move eastward from our last case over to central

08:01:03 planning district, as you are well aware, the central Tampa

08:01:09 planning area provides the most opportunity for further

08:01:12 intensification and redevelopment while protecting our

08:01:15 historic neighborhood.

08:01:17 The site is within close proximity to Kennedy Boulevard,

08:01:20 which has been designated as a transit emphasis corridor,

08:01:24 which I should be showing you that map first.

08:01:31 Let's go to the aerial map and then to the future land.

08:01:37 Here you can see the subject site in the center of the map

08:01:39 immediately to the south, we have Miguel's Mexican




08:01:42 restaurant, on the commercial uses along Kennedy Boulevard.

08:01:44 To the west we have MacDill Avenue.

08:01:47 And a number of office uses to the north and east.

08:01:50 We have residential uses including single-family and

08:01:53 multifamily uses.

08:01:55 Now on to the future land use map.

08:01:58 The subject site and properties to the north, east and west

08:02:02 are all designated residential 10.

08:02:04 To the south along Kennedy Boulevard, properties are

08:02:07 designated urban mixed use 60.

08:02:10 It should be noted that residential 10 is located to the

08:02:12 west of two adjacent properties are approved for

08:02:15 nonresidential uses.

08:02:17 Planning Commission staff found the proposed rezoning a

08:02:19 louse for additional redevelopment opportunities along the

08:02:21 Kennedy Boulevard corridor due to their request for

08:02:24 additional parking areas.

08:02:26 Thus reducing the amount of land required for parking within

08:02:28 the urban mixed use 60 parcel to the south, and this is an

08:02:33 accessory parking for those uses.

08:02:36 Another unique aspect to this parcel that is directly

08:02:39 adjacent to nonresidential uses to the west and south due to

08:02:42 the subject site's proximity to two major roadways, which is

08:02:46 Kennedy Boulevard and MacDill Avenue.

08:02:48 I also wanted to highlight two additional policies you might




08:02:52 find helpful in your deliberations.

08:02:54 Policy 18 .7.2 encourages access to parking areas being from

08:02:59 an alley or private access road.

08:03:01 The applicant has limited this parking area to access from

08:03:04 the adjacent alley to the south.

08:03:06 Furthermore, policy 18.7.4 allows for offstreet parking

08:03:11 where appropriate in urban settings.

08:03:13 Based on those policies and the policies contained within

08:03:16 the staff report, planning commission staff found the

08:03:19 requested rezoning consistent with the Tampa comprehensive

08:03:24 plan.

08:03:36 >> The petitioner is proposing to rezoning property at

08:03:40 northeast "A" street from residential single-family to

08:03:42 planned development to construct a 50 space parking lot.

08:03:48 The 162 by 106 parcel was historically redeveloped in three

08:03:53 family residential lot with three homes.

08:03:55 I want to make that correction in my staff report.

08:03:58 The proposed parking lot will have an ingress-egress on the

08:04:02 alley along with southern property boundaries and serves the

08:04:05 restaurant property to the southwest.

08:04:06 Currently Miguel's restaurant.

08:04:08 The subject property is surrounded by residential to the

08:04:11 north, along north "A" street, and east along New Jersey

08:04:15 Avenue, office to the west and commercial to the south.

08:04:19 Based on the site plan revisions requested by staff, a total




08:04:22 of 56 compact spaces would be provided.

08:04:27 There are six waivers being requested with this application.

08:04:32 The first is to allow the commercial property that parking

08:04:35 serves to be separated by an alley.

08:04:36 The second is to allow the parking lot to extend more than

08:04:39 100 feet, approximately an additional 74 feet including the

08:04:42 alley, from the closest boundary of the commercial zoning

08:04:46 law.

08:04:47 The third is to allow a 6-foot PVC fence along the north and

08:04:52 east property line.

08:04:54 The fourth is to allow reduction in the cross aisle width

08:04:58 from 20 feet to 16 feet adjacent to the southeastern

08:05:01 property line as shown on the plan.

08:05:03 The fifth is to allow reduction in the aisle width from 24

08:05:07 feet to 19 feet along the western boundary adjacent to the

08:05:09 palm tree.

08:05:12 Just for that, we wrote those waivers to be specific just to

08:05:15 those portions so the whole drive aisles were not reduced.

08:05:19 The last is to reduce the vehicle drive of one tree for 1500

08:05:24 space to zero, a reduction of 15 trees.

08:05:30 I'll go ahead and show you.

08:05:33 David showed you the aerial.

08:05:36 As David mentioned, there is -- and I mentioned also --

08:05:39 there is office use to the west.

08:05:41 That does have parking behind an access to the alley and




08:05:48 MacDill.

08:05:49 There are single-family residential homes on north "A"

08:05:52 headed east.

08:05:54 There's a multifamily structure immediately to the east.

08:05:58 There's single-family residential along north "A" to the

08:06:00 north.

08:06:01 Just northwest of the subject area is an office use there as

08:06:08 well.

08:06:09 That is an RO zoning district.

08:06:15 It appears it was a conversion of a home.

08:06:18 Although on your zoning atlas it appears that the lots were

08:06:21 originally platted east-west, just to the north of this

08:06:25 site, these lots here are oriented northwest, and there are

08:06:28 two single-family residences.

08:06:30 I am going to show those to you along that segment as well

08:06:33 as along this area here.

08:06:40 If I may, because this also had a lot of pictures.

08:06:47 I am going to start here at the corner.

08:06:49 I am going to work my way around.

08:06:52 I did go down the alley.

08:06:53 I am going to show you what's on the south side and the

08:06:56 north side as well.

08:07:01 This is at the corner of New Jersey and north "A."

08:07:04 Looking toward the site.

08:07:08 This is moving down north "A" looking south.




08:07:11 As I mentioned, Miguel's is off -- you can see the T signage

08:07:17 here -- to the southwest of this site.

08:07:19 This is what used to be seven seas to the south of the site

08:07:25 along the alley.

08:07:26 This is continuing to move west along north "A."

08:07:32 This is the office just to the west of the site.

08:07:36 On the north side of north "A," is the on the office, the RO

08:07:41 zoning district.

08:07:44 Looks like a house.

08:07:46 And I am going to move back down north "A" now along the

08:07:49 north.

08:07:50 There is an alley immediately to the east of that office.

08:07:55 Single-family residence.

08:07:57 These are the two lots I said were oriented back toward

08:07:59 north "A," although they were platted east-west.

08:08:02 This is immediately north at the northwest corner of north

08:08:06 "A," and New Jersey.

08:08:14 This is now over at Gomez working back toward the site,

08:08:20 single-family residential.

08:08:25 Single-family residential.

08:08:28 Single-family residential.

08:08:29 This is the southeast corner immediately across from the

08:08:32 site at New Jersey and north "A."

08:08:36 This is the facade that faces New Jersey.

08:08:40 Now moving south on New Jersey down toward Kennedy.




08:08:48 This shows on the city records as residential.

08:08:52 This is moving toward Kennedy.

08:08:55 There's the ABC liquors at the corner of Kennedy and New

08:08:59 Jersey.

08:09:00 There's immediately south of the site.

08:09:07 At the northwest corner of New Jersey and Kennedy.

08:09:11 This is a look down the alley.

08:09:13 This is the proposed access to the parking lot.

08:09:16 What you have here is the parking for fire on the south

08:09:19 side, and the residential lots that are being proposed for

08:09:24 parking on the north side.

08:09:29 This is moving back to the corner where I started.

08:09:31 This is a look at the site from New Jersey looking west.

08:09:36 Another look at the site looking west.

08:09:39 And another site looking west.

08:09:42 Going back to the alley, this is a picture of the site from

08:09:47 the alley from Miguel's existing parking lot looking north.

08:09:51 This is a look on the alley back toward New Jersey.

08:09:59 This is a look from that parking location back northeast

08:10:03 toward north "A" and New Jersey.

08:10:07 This is Miguel's existing parking lot.

08:10:10 This is the south side of the alley.

08:10:15 I don't if you remember, you actually did the alcoholic

08:10:18 beverage for the expansion of Miguel's into what was

08:10:21 formerly a medical office.




08:10:23 This is the new rear of that area, entry into Miguel.

08:10:28 This is the parking on the office building that's west of

08:10:36 the proposed parking area, the proposed parking lot.

08:10:41 I showed you the front that faces north "A."

08:10:44 This is the rear of it.

08:10:46 That accesses onto the alley.

08:10:50 Another shot of the site.

08:10:53 Another shot of the site.

08:11:03 On the site plan that you have before you, there are some

08:11:05 waivers that are not listed on your staff report.

08:11:08 One of them is for grass parking.

08:11:10 The applicant, I had a discussion with the applicant

08:11:13 concerning the request for grass parking and that request

08:11:19 has been removed as daily commercial parking will not

08:11:21 sustain a grass parking lot.

08:11:24 So if it's going to be parking that's going to be utilized

08:11:28 seven days a week for lunch and dinner service for Miguels,

08:11:32 it needs to be more than grass.

08:11:33 So that waiver was actually removed.

08:11:35 So if you see it on your site plan but you don't see in the

08:11:38 my report, that is why.

08:11:43 Also, there is a request by staff to remove the 100% compact

08:11:47 parking, accessory parking since it is accessory can be 100%

08:11:51 compact.

08:11:52 It doesn't have the code requirement of a 65% compact




08:11:54 provision.

08:11:56 The third bullet you will find there is a finding by staff

08:12:00 as to the waivers being requested.

08:12:04 And staff has found that the subject request has not

08:12:06 satisfied the following.

08:12:10 And this is the general special use criteria that says, due

08:12:13 consideration shall be given to potentially adverse effects

08:12:16 generally on adjoining and nearby properties, the area, the

08:12:20 neighborhood or the city.

08:12:22 This site is introducing a more intense commercial use to

08:12:26 the predominantly residential area without satisfying the

08:12:29 special use criteria for consideration of the use.

08:12:32 More specifically, the extension past the 100 fat.

08:12:37 And the PD request before you tonight, the special use

08:12:42 criteria travel with that request.

08:12:44 Special use cannot get waivers to chapter 13.

08:12:48 So they have to come in the form of a PD in order to request

08:12:51 those waivers.

08:12:52 But just because you are a PD doesn't mean that those

08:12:55 special use criteria would say the use may be considered, go

08:13:00 away.

08:13:00 That's why you see the special use criteria as waivers, and

08:13:05 why the extension, I am bringing up that the extension

08:13:09 passed 100 feet.

08:13:11 What your code says is that parking may be considered and




08:13:14 here are the criteria. It should be within 100 feet of the

08:13:17 use it serves and it should not extend past that.

08:13:20 The use that is before you tonight is asking for a waiver to

08:13:23 that criteria to extend to 174 feet, which according to the

08:13:27 special use criteria would not be appropriate.

08:13:31 Staff is raising that.

08:13:33 The operation of its use in association with a restaurant

08:13:37 introduce as commercial use that may operate until 3 a.m. at

08:13:42 a predominantly residential area, and I believe that in

08:13:46 relation to the potentially adverse effects generally, or on

08:13:53 a adjoining and nearby properties that this may have some

08:13:56 effects on the way that that residential street is

08:13:58 operating.

08:13:59 Although there is an office to the west, typical office

08:14:02 hours are from 8 a.m. to 5 p.m.

08:14:05 Therefore, the use -- this proposed use may have an adverse

08:14:10 impact on the surrounding neighborhood.

08:14:12 I also support the objection made by natural resources in

08:14:16 relation to tree removal and proposed planting.

08:14:20 Based on the site configuration and the proposed use, the

08:14:23 property is required 42 two-inch trees.

08:14:28 There's a waiver requesting an elimination of 15 trees or 30

08:14:33 inches of required trees.

08:14:36 In an effort to created a cat buffering to the surrounding

08:14:39 residential uses, an appropriate transition from a




08:14:43 commercial property along Kennedy to the residences.

08:14:49 And if you were to consider approving this application,

08:14:51 staff requests that the requested PVC fence be extended the

08:14:56 entire duration of the eastern property boundary, and that

08:14:59 they place the fence immediately adjacent to the parking,

08:15:03 which is not on your site plan right now, so that the 8-foot

08:15:07 buffer can actually be planted.

08:15:09 The way the fence is currently proposed and staggered is it

08:15:13 doesn't allow for adequate spacing for the planting of the

08:15:15 trees that are required by the use.

08:15:17 So staff is requesting that also be modified.

08:15:25 My last bullet talked about, based on the waivers to chapter

08:15:28 13, the tree and landscape code, the subject application

08:15:31 must be considered by City Council in PD, that's what I

08:15:36 mention towed instead of the special use, and if waivers are

08:15:39 not required by the application, it would be coming to you

08:15:41 as a special use this evening.

08:15:44 That being said, the PD criteria then apply to this unique

08:15:49 circumstance.

08:15:50 And I provided for you numbers 1 and 6 of the PD criteria.

08:15:54 The first one talks about the efficient and sustainable use

08:15:57 of land and structure with careful consideration of

08:16:00 potential adverse impacts to on-site natural elements,

08:16:05 surrounding impacted neighborhoods and cultural resources.

08:16:10 The extension of a parking lot beyond the 100-foot as




08:16:13 described by the special use criteria, the reduction in the

08:16:16 required buffering and the hours of operation will have

08:16:19 impact to the surrounding residences along north "A" and New

08:16:22 Jersey Avenue.

08:16:24 Number 6 talked about promoting and encouraging development

08:16:27 where appropriate location character and compatibility with

08:16:30 the surrounding impacted neighborhoods, built environment

08:16:33 and existing geography.

08:16:35 There appears to be a need for additional parking to serve

08:16:38 as a commercial restaurant site.

08:16:40 As I mentioned to you, I did do the alcohol on Miguel's just

08:16:44 a few years ago when they expanded into medical office

08:16:47 portion.

08:16:48 And a 21-space parking waiver was granted as part of that

08:16:52 application.

08:16:56 So there's a need now for additional parking to serve the

08:16:59 site, although the parking is not required.

08:17:02 That being said, the 56 spaces, and its configuration could

08:17:07 actually be reduced and the required buffering provided,

08:17:10 because the spaces they are proposing are not required

08:17:13 spaces, they are additional spaces to serve the use.

08:17:18 You will find my discussion of that on page 4.

08:17:21 Also, the last paragraph there talks about the subject

08:17:26 property contained two homes.

08:17:28 It should be three.




08:17:29 My error.

08:17:30 I do apologize for that.

08:17:32 They were built in the late 1940s, early 1950s, and they

08:17:37 just received demolition permits in July of 2012.

08:17:40 So up until July those homes were there, and its residential

08:17:45 character of this street was in existence over 60 years from

08:17:48 the time that they were constructed.

08:17:54 There are site modifications and waivers being requested by

08:17:57 transportation.

08:17:59 Naturally, Mary Daniel Bryson is here.

08:18:03 I went through a little bit about their findings of

08:18:07 inconsistency, and what their requests are in order to

08:18:10 ensure adequate buffering.

08:18:14 And I also provided you with the general standard for

08:18:18 special uses, the PD criteria on pages -- and the waiver

08:18:26 criteria on pages 7 through 12 of my staff report.

08:18:31 >>CHARLIE MIRANDA: Ms. Mulhern.

08:18:31 >>MARY MULHERN: Could I ask you, what is the procedure, the

08:18:36 process to get -- they had to go through to get the

08:18:41 demolition permit force those three houses?

08:18:44 >>ABBYE FEELEY: They would have gone to construction

08:18:48 services and requested a demo permit.

08:18:50 At that time structures that are over 50 years in age are

08:18:52 reviewed by the HPC to ensure that they are not contributing

08:18:57 structures or historical structures, and they would have to




08:19:00 receive okay from demo prayer to the demo permit being

08:19:05 issued by development services.

08:19:08 >>MARY MULHERN: So you can get a demolition permit for a

08:19:11 house as long as it's not designated by the HPC as a

08:19:16 historic structure?

08:19:19 Thanks.

08:19:21 >>CHARLIE MIRANDA: Thank you.

08:19:23 Petitioner?

08:19:24 >> Good evening.

08:19:30 Steve Michelini representing Miguel's.

08:19:33 First of all, let me just briefly discuss the houses that

08:19:37 you are talking about.

08:19:38 Those houses, one of them was condemned.

08:19:42 The other two were in very seriously dilapidated condition.

08:19:47 There was a string of code enforcement violations on them.

08:19:51 In addition to that, there is a packet of police calls,

08:19:57 et cetera, from the neighbors regarding the residents that

08:20:00 were in them.

08:20:01 Those were not single-family homeowner occupied units.

08:20:04 They were rental units and were in very poor condition.

08:20:08 In terms of the site it, we were concerned about access to

08:20:15 the site, and that's why in our staff discussion we

08:20:20 maintained the only access off of the alley.

08:20:23 We were also concerned about buffering and creating a nice

08:20:27 landscaped look for the property.




08:20:31 And if you want to have a look at that, I think I can zoom

08:20:35 that out.

08:20:41 Is it showing up?

08:20:42 I also have copies for you.

08:20:48 Miguel started working on this project probably seven or

08:21:00 eight months ago and began discussions with neighbors

08:21:03 regarding the proposed change in the demolition of the

08:21:06 houses.

08:21:08 They were met with a great deal of excitement regarding that

08:21:11 from the neighbors, removed those eyesores and the

08:21:15 dilapidated homes that were there.

08:21:17 And in this case, we have removed the issue regarding

08:21:22 landscaping and trees and landscaping, and we will be

08:21:26 meeting the code regarding that and not requesting any

08:21:28 waivers for the landscaping.

08:21:31 We also are moving the proposed fence so that we can provide

08:21:35 a minimum of eight feet and buffer on the outside of the

08:21:39 fence, and allow for extensive landscaping around the

08:21:43 outside.

08:21:44 We also discussed planning materials with the city

08:21:48 landscaping department, and they will have some

08:21:52 recommendations for us, which we will be following.

08:22:01 >>CHARLIE MIRANDA: Turn your mike on.

08:22:02 >>LISA MONTELIONE: Mr. Michelini, so we are looking at six

08:22:06 waivers that were requested.




08:22:07 Can you specifically say which you are striking from the

08:22:11 application?

08:22:13 >>STEVE MICHELINI: Grass parking has been removed.

08:22:15 >>LISA MONTELIONE: I'm looking here.

08:22:18 Because I see the first one allows commercial property

08:22:25 parking to be separated by an alley.

08:22:27 Two is allow parking lot to extend more than 100 feet,

08:22:31 approximately 74 to the alley.

08:22:37 So which one of those?

08:22:40 >>STEVE MICHELINI: Access from the alley we can't change.

08:22:43 That's a physical --

08:22:45 >>LISA MONTELIONE: That's what I'm asking.

08:22:47 I don't see one for the landscape code.

08:22:49 >>STEVE MICHELINI: That was number 6.

08:22:50 >> One tree per 1500 square feet of vehicle use area.

08:22:54 So that's a reduction of 15 trees.

08:22:56 So you are striking number 6?

08:22:59 >>STEVE MICHELINI: Number 6 is stricken.

08:23:01 >>LISA MONTELIONE: So we are not removing 15 trees.

08:23:03 >> We are removing trees -- the trees that were being

08:23:08 permitted to be removed were in poor condition and the city

08:23:11 staff had already reviewed that.

08:23:13 We weren't removing trees that were viable.

08:23:18 There is one tree that they had indicated they would like to

08:23:20 save, it in the middle of a drive aisle that we can't save.




08:23:23 >>LISA MONTELIONE: Go on then.

08:23:26 We'll ask from staff.

08:23:28 I want you to finish your presentation.

08:23:30 >>STEVE MICHELINI: The hours of operation would be

08:23:34 consistent with the restaurant hours of operation, which is

08:23:38 midnight Sunday through Thursday, and 1 a.m. Friday and

08:23:41 Saturday.

08:23:44 That note is not on your current plan.

08:23:52 It's not on your current plan.

08:23:54 It's a note that we would have to add between first and

08:23:56 second reading.

08:23:57 >>HARRY COHEN: But you say you are not going to stay open

08:24:01 till 3 a.m.?

08:24:02 >> No.

08:24:03 It will be consistent with the operation of the restaurant

08:24:04 and there is no overnight parking.

08:24:06 >>LISA MONTELIONE: Just for my getting older mind, can you

08:24:09 say that again so I can write it down?

08:24:11 >>STEVE MICHELINI: Sure.

08:24:12 Midnight Sunday through Thursday.

08:24:16 Friday and Saturday 1 a.m.

08:24:18 Which is consistent with their alcoholic beverage zoning.

08:24:22 >>LISA MONTELIONE: All right, thank you.

08:24:24 >>STEVE MICHELINI: In terms of location, this is not an

08:24:33 introduction of a new use that extend into the residential




08:24:36 area at all.

08:24:45 I think Ms. Feeley showed you these plans already.

08:24:48 This is the site looking to the west.

08:24:50 I am not going to go through all of those.

08:24:53 You have seen them already.

08:24:54 This is the alley for the access that we were proposing to

08:24:57 use.

08:24:58 And that keeps the traffic off of the residential street.

08:25:01 And that's how the parking is being accessed anyway.

08:25:04 This is an apartment building which is about two blocks down

08:25:08 to the east.

08:25:09 And that's north "A" street.

08:25:14 This is the parking lot for ABC liquor, which is adjacent to

08:25:20 it, a little bit to the east.

08:25:27 This is the house that they were talking about.

08:25:29 This is currently in foreclosure and vacant, although it is

08:25:32 residential.

08:25:33 This is a medical office.

08:25:34 This is the corner of MacDill and north "A" street on

08:25:38 the north side of the street, immediately adjacent to the

08:25:41 single-family residential that she spoke of.

08:25:45 That's a medical office.

08:25:46 And that's already on the north side of the street.

08:25:51 This is a picture of the law office on the south side.

08:25:57 Another picture of a law office on the south side.




08:26:01 This is a close-up of the doctor's office at the corner of

08:26:04 north "A" and MacDill.

08:26:08 And on the other side is another office.

08:26:16 This is a large view of the separation between the medical

08:26:19 office on the north side of north "A" and the first

08:26:22 single-family residence, which is here.

08:26:25 There's an alley which runs between the two of them.

08:26:27 And they access their parking via the alley.

08:26:36 This is on the west side of MacDill.

08:26:39 And this is a driveway that accesses their parking lot off

08:26:44 of north "A" street.

08:26:46 And it goes right into the back of their building.

08:26:51 This is the landscaping that they provided on that

08:26:54 particular parcel.

08:26:56 They planted their hedge on the inside of the wall.

08:26:59 And we are proposing to put all of our landscaping on the

08:27:02 exterior wall for the benefit of the neighbors.

08:27:06 This is channel 13.

08:27:08 They actually have a parking garage with a hedge and trees

08:27:14 that are actually on the backside.

08:27:16 And again, this is existing conditions.

08:27:19 That's not an introduction of a new use.

08:27:23 This is a little further down.

08:27:26 This is TD Ameribank.

08:27:32 They have no Hedges, no parking, no buffering, and their




08:27:36 parking lot is on the north side of north "A" street.

08:27:42 Miguel and his wife Trisha walked around the neighborhood.

08:27:46 They spoke to the neighbors.

08:27:49 And they have collected petitions with their 37 signatures

08:27:53 on here of support.

08:27:55 And I will be happy to enter them into the record for just a

08:27:58 second.

08:28:00 So, anyway, we thought that the drive aisle, since they were

08:28:05 interior to the site, and they were behind landscape walls

08:28:10 and buffering, that the drive aisle waivers were of little

08:28:15 consequence.

08:28:16 If the council believes that we should not ask for those

08:28:19 waivers on the drive aisle, we can certainly address that

08:28:22 issue.

08:28:24 But those are interior to the site.

08:28:26 All of the drive aisles will be paved, and all of the

08:28:29 parking was proposed to be of a permeable surface, either

08:28:34 crushed granite or similar product.

08:28:41 I believe as the Planning Commission pointed out, this is in

08:28:44 a highly flexible land use classification area where you all

08:28:48 have adopted a land use plan which encourages the

08:28:51 redevelopment of these properties.

08:28:53 This is not intrusive to the neighborhood.

08:28:57 I believe that we have met the spirit as well as the intent

08:29:00 of the code in terms of landscaping and in terms of




08:29:03 buffering.

08:29:05 With respect to the 100-foot issue, that's a dimensional

08:29:10 issue.

08:29:11 We have in a control over.

08:29:12 We are immediately adjacent to it.

08:29:13 Our property is within 15 feet, directly across the alley.

08:29:20 And then the lot itself extends another 160 feet into up

08:29:26 toward north "A" street.

08:29:27 But the perimeter wall that we are discussing is in line

08:29:34 with the other commercial structures.

08:29:35 It's at the corner.

08:29:37 And we believe that that is a consistency.

08:29:41 We have also indicated that we would be landscaping part of

08:29:43 a right-of-way, in addition to the eight-foot buffer on the

08:29:49 other side of the fence.

08:29:50 I will be happy to answer any questions you might have.

08:29:54 And we respectfully request your favorable consideration.

08:29:57 I have for you the petition.

08:30:01 And you might have other petitions before you that have the

08:30:05 same names on them.

08:30:06 There was a lot of misinformation going on around about the

08:30:10 petition requesting to remove a lot of grand trees and not

08:30:14 provide the landscaping.

08:30:15 However, the plan that you have before you clearly shows

08:30:18 what we are proposing to do with the modifications that I




08:30:22 have discussed with you this evening.

08:30:24 >>CHARLIE MIRANDA: Council members?

08:30:31 >> No questions.

08:30:36 >> Okay.

08:30:42 You asked in your presentation, yes, that you are going to

08:30:45 strike waiver number 6.

08:30:46 But there's one that greatly concerns me is asking for a 60%

08:30:53 increase of the ability to extend into the boundary.

08:31:04 So this would be waiver number 2, to allow parking to extend

08:31:08 more than hundred feet, and approximately an additional

08:31:13 74, which includes the alley, a 14-foot alley, from the

08:31:19 closest boundary of the commercial lot.

08:31:20 So that would actually be 60 feet if you don't include the

08:31:24 alley, if the alley is sh, that's how you get to 74.

08:31:28 So it's a 60% increase obviously, simple math.

08:31:36 That waiver right there is one that concerns me.

08:31:38 And from what I understand, during my briefing with staff,

08:31:44 was that technically there doesn't seem to be a requirement

08:31:51 to have additional parking because the original permit

08:31:56 hearing for the alcoholic beverage permit, we waived the

08:31:59 parking requirements that were placed upon the owners of the

08:32:03 property.

08:32:04 So even though we waived the requirement, you are coming

08:32:08 back and asking for parking.

08:32:10 >>STEVE MICHELINI: The dimension you are talking about can




08:32:16 be mitigated by increasing the landscaping.

08:32:20 Staff will certainly confirm that.

08:32:23 The issue that we were dealing with was the fact that the

08:32:27 lot dimension was -- it was the depth of the lot that's

08:32:31 triggering that.

08:32:33 And there's a lot of right-of-way on north "A" street.

08:32:37 And so we were also providing an additional eight feet to

08:32:41 try to mitigate any impact on the exterior of the residence.

08:32:48 What happens behind that wall is a drive aisle.

08:32:51 It's not actually parking that's there.

08:32:53 And for every 20 feet or so that you take off, you are

08:32:59 taking off either a row of parking or adding a drive aisle.

08:33:02 >>LISA MONTELIONE: That may be the case, but from what I am

08:33:06 looking at when I looked at the site plan, and the zoning

08:33:11 lot, and the permitted uses in the zoning lot, if you were

08:33:17 to stay within that 100-foot, what would remain is the 60

08:33:24 feet.

08:33:25 Follow me?

08:33:26 Okay.

08:33:27 So the zoning in this area is such that it wouldn't -- and

08:33:34 correct me if I am wrong -- I'm asking you -- would this

08:33:39 present a hardship if they want to build on that additional

08:33:44 space, that additional 60 feet?

08:33:50 Because they could still use the property for something

08:33:52 else.




08:33:52 They could still build two houses there, RS-50, 60-foot

08:33:59 areas.

08:34:06 Is all of that property necessary?

08:34:08 Or can you accomplish what you need to accomplish without

08:34:10 encroaching that far into the neighborhood?

08:34:12 >>STEVE MICHELINI: Well, let's back up for a second on

08:34:17 single-family residential.

08:34:18 >>LISA MONTELIONE: I'm sorry, I didn't say that.

08:34:23 It clearly --

08:34:25 >> Single-family residential is probably not viable in that

08:34:27 first block, only because you have a very intensive

08:34:32 transition, and transportation knows that it occurs at

08:34:36 MacDill and Kennedy.

08:34:37 Now, at some point that's going to change to a more

08:34:43 commercial activity.

08:34:44 That doesn't mean it going occur now, because the land use

08:34:47 doesn't allow you to do that.

08:34:48 But supporting commercial in those areas and supporting the

08:34:53 redevelopment that has to occur in order to regentrify your

08:35:01 tax base, you have to have that support.

08:35:03 And the struggle has always been when you have commercial

08:35:07 and you change the code where you require additional

08:35:10 parking, where is it going to go?

08:35:13 And the pressure has always been on those first lots,

08:35:18 immediately adjacent to commercial property.




08:35:20 This is a --

08:35:22 >>LISA MONTELIONE: You don't need the extra parking?

08:35:25 >>STEVE MICHELINI: Well, you do need it for operations.

08:35:27 You may not need it by code because you waived them.

08:35:31 >>LISA MONTELIONE: Why did you ask for a waiver during the

08:35:33 alcoholic beverage?

08:35:35 >>STEVE MICHELINI: These properties weren't anticipated

08:35:38 being purchased nor available for purchase when that

08:35:41 happened.

08:35:42 The properties came up for sale after that petition was

08:35:46 filed.

08:35:46 >>LISA MONTELIONE: Okay.

08:35:50 And --

08:35:54 >>STEVE MICHELINI: Let me just talk about one more thing.

08:35:57 If you consider the drive aisle itself, it's another 20

08:36:03 feet, which is not -- I mean, it's behind the fence, but

08:36:07 it's not an encroachment.

08:36:09 Were you suggesting we move the fence back 60 feet or move

08:36:13 the use back within the --

08:36:15 >>LISA MONTELIONE: I'm suggesting you don't ask for a 60%

08:36:17 waiver, which is waiver number 2.

08:36:23 >>STEVE MICHELINI: I understand.

08:36:26 But were you still suggesting that the fence remain where we

08:36:30 are proposing it or the fence move back an additional some

08:36:34 amount of feet?




08:36:35 >> That's moved back to the 100-foot mark and not be at 1630

08:36:41 feet.

08:36:42 And I don't want to take up too much time, because I'm

08:36:44 limited in my time, but I do want to ask Ms. Bryson about

08:36:49 those trees.

08:36:49 >>ABBYE FEELEY: Land development.

08:37:03 Before you talk to Mary about the trees -- and I'm not sure

08:37:06 what your questions are -- I just want to make a point of

08:37:09 clarification.

08:37:09 The elevation that Mr. Michelini showed you this evening has

08:37:12 not been submitted to staff for review.

08:37:14 Mr. Michelini did stop by our offices this afternoon and met

08:37:18 with Ms. Beck briefly.

08:37:22 Ms. Respect came to me before the hearing to let you know we

08:37:25 did not review that.

08:37:26 There is no associated landscape plan that is running with

08:37:29 this plan that shows -- what is shown to you can be planted

08:37:32 there.

08:37:33 It has not been reviewed by staff.

08:37:35 So I don't want to make any commitments that what you see is

08:37:37 what you can get at this point in time, until a proper

08:37:40 review is conducted but our staff in relation to what is

08:37:44 being proposed.

08:37:45 >>LISA MONTELIONE: And unlike the previous hearing this is

08:37:47 their property and they can show it on-site plan and it will




08:37:50 have to be shown on the site plan in order to be considered

08:37:54 as required.

08:37:55 >>ABBYE FEELEY: I think that --

08:38:01 >>LISA MONTELIONE: Is that something you can do between

08:38:03 first and second reading?

08:38:04 Because of that that would have to go back for review.

08:38:07 >> It does have to go back for review.

08:38:10 It would be a substantial modification.

08:38:11 The minimum would require four weeks in between first and

08:38:14 second reading but I didn't guarantee you that would not be

08:38:18 requested modifications to what's being proposed.

08:38:20 That may not allow that to go to second reading when it came

08:38:24 back to you.

08:38:24 >>LISA MONTELIONE: So let me understand this.

08:38:27 If we -- and let me put it this way.

08:38:31 We can't consider this at all?

08:38:34 Because if we did --

08:38:37 >> Council --

08:38:39 >>LISA MONTELIONE: I want to hear from Ms. Mandell, our

08:38:42 attorney.

08:38:42 >>JULIA MANDELL: Legal department.

08:38:50 To be considered part of your review today, what staff is

08:38:54 telling you is that in order to make that enforceable, it's

08:38:58 going to have to be reviewed by staff, the appropriate

08:39:01 modifications made between first and second reading, to




08:39:04 create that and ensure it's compliant with code and under

08:39:09 the way the code reads that's a substantial change.

08:39:11 They need a four week review period that will either come

08:39:15 back to you for second reading after that four-week period,

08:39:18 with staff saying that it can meet code, or alternatively

08:39:21 staff saying it cannot, and then we turn this back into

08:39:23 first reading.

08:39:24 >>LISA MONTELIONE: I don't know how the other council

08:39:26 members feel but I can tell you how I feel, this is not

08:39:30 enforceable then I am not going to consider it.

08:39:32 Right now it's not something that -- there's no tie to the

08:39:37 site plan, there's no way for the City of Tampa to enforce

08:39:40 that.

08:39:40 I would consider that a rendering as opposed to being an

08:39:43 enforceable condition.

08:39:44 So in all due respect, Mr. Michelini, I can't consider that

08:39:47 because it's not enforceable.

08:39:50 >>STEVE MICHELINI: What we were told today was that the

08:39:52 landscape plan, although we can certainly prepare one for

08:39:55 council and staff consideration --

08:39:59 >>LISA MONTELIONE: It wouldn't be for council.

08:40:01 Would be for staff to review it.

08:40:03 >> And I asked them specifically should we be putting

08:40:05 notations on the plans regarding plans, and that between

08:40:09 first and second reading, and they said we would handle that




08:40:11 at permitting and that's fine.

08:40:13 I'm not asking you --

08:40:22 >> Can I hear from Ms. Cole?

08:40:24 Because impressed for time tonight.

08:40:27 >> We have what's considered by staff to be 30 days ahead of

08:40:30 time.

08:40:32 After that 30 days, that's what happened when you have

08:40:36 between first and second reading.

08:40:39 This came in at 3:30 from what I am told.

08:40:42 Mrs. Beck isn't here.

08:40:43 But he could present it.

08:40:46 But it's not going to be staff reviewed.

08:40:50 It's something that will either have to be reviewed between

08:40:53 first and second reading ---

08:40:57 >>CHARLIE MIRANDA: All right, all right.

08:40:59 >> Question about the trees of Mrs. Bryson?

08:41:06 There was a request for a waiver to take out 15 trees and

08:41:09 staff, when you reviewed, some of them were hazardous trees

08:41:12 and now we are saying that's okay, week we can leave them,

08:41:16 there's only one tree you were concerned?

08:41:18 >> Mary Daniels Bryson.

08:41:20 I have been sworn.

08:41:21 Basically, we did an assessment, before they submitted for

08:41:25 the rezoning of the trees on-site.

08:41:28 We had several trees.




08:41:30 There were two grand trees that were hazardous and we

08:41:33 recommended removal on.

08:41:36 The removal started occurring and the city was called.

08:41:41 The petitioner then came in and got his permit.

08:41:44 And those trees were removed.

08:41:46 There were several on the trees on-site, based on conditions

08:41:51 that we request to be removed, and there are some trees

08:41:54 on-site that we are requiring them to keep.

08:41:57 And --

08:42:01 >> Want to make sure we are meeting the code with

08:42:03 replacement.

08:42:03 >> On the replacement the waiver needs to come off the site

08:42:06 plan.

08:42:07 But because we are trying to waive the planting

08:42:10 requirements, they have to mitigate the removal of the trees

08:42:15 on-site be.

08:42:16 Once that mitigation has been accomplished, then they may at

08:42:20 that point, on the required trees for new plantings, if they

08:42:27 cannot place all of those on-site, and the way to mitigate

08:42:30 that is to pay into the tree trunk fund, not to get a waiver

08:42:33 to not plant those trees.

08:42:35 >> Okay.

08:42:39 >>CHARLIE MIRANDA: Any on the council members at this time?

08:42:41 Ms. Capin?

08:42:43 >>YVONNE CAPIN: You may want to continue this and come back




08:42:46 with something that is enforceable, that we can rule on.

08:42:53 Because --

08:42:54 >>STEVE MICHELINI: We would be respectfully requesting --

08:42:58 >>YVONNE CAPIN: Let me finish.

08:42:59 Because whoever is here to speak, if they speak on this,

08:43:04 they won't be -- they cannot speak on it again should it

08:43:08 come back.

08:43:10 It should have come back, should it be continued so I want

08:43:15 to let everyone know that.

08:43:17 That would be my suggestion.

08:43:18 >>STEVE MICHELINI: With council's indulgence we can

08:43:22 respectfully request a continuance to correct the site plan,

08:43:25 and to prepare the landscape plan so that it matches the

08:43:29 site plan, as well as putting the additional notations on

08:43:33 there, and then moving the waivers that were no longer

08:43:37 requested.

08:43:40 >>CHARLIE MIRANDA: I'm not an attorney, but Marty, do you

08:43:44 want to answer that question?

08:43:46 >>MARTIN SHELBY: Council had a question if there is a

08:43:48 continuance of a hearing if somebody does speak at the first

08:43:51 hearing, the first reading, then when it comes back as a

08:43:54 continuation of first reading if they have already spoken

08:43:56 they won't have that second opportunity, they have to wait

08:43:58 for a second hearing and then it would be further down the

08:44:01 pike, I guess is what Ms. Capin was referring to.




08:44:04 >>CHARLIE MIRANDA: That's true but rate now in a one spoke.

08:44:06 >> Okay.

08:44:11 Are you making a request, sir?

08:44:14 >>STEVE MICHELINI: Yes, sir.

08:44:15 The request is to continue this hearing for a minimum of 30

08:44:19 days so that we can get the site plan corrected, remove the

08:44:23 waivers that we have placed on there that are no longer

08:44:26 applicable, and correct -- and prepare a landscape plan

08:44:30 that's consistent.

08:44:32 >>CHARLIE MIRANDA: Let me just state what the department

08:44:34 says.

08:44:34 If I understood what they said, they wanted 30 days prior to

08:44:38 the hearing.

08:44:38 So if we only have 30 days, you fall not within that time

08:44:44 limit am I correct in saying that?

08:44:47 I'm just trying to be fair with everybody here.

08:44:51 30 days out, and if we do it now for 30 days within, I don't

08:44:54 know what the next calendar is --

08:44:56 >> March 14th.

08:44:57 >> Then you are all right if it's March 14th.

08:45:00 But I just want to make sure.

08:45:02 Am I right, Ms. Feeley?

08:45:04 >> We don't have time then.

08:45:05 We probably need 45 or 60 days.

08:45:08 March 14th.




08:45:09 >> Is that your request?

08:45:13 March 14th?

08:45:14 >> 60 days.

08:45:16 That will be great.

08:45:17 Thank you.

08:45:19 >>CHARLIE MIRANDA: I'm just trying to clear up both sides.

08:45:21 To satisfy not only you and your client but the people that

08:45:24 are here that have not spoken yet, and all we are going to

08:45:29 address now is the continuation, nothing else, for the sake

08:45:31 of sanity.

08:45:32 >>STEVE MICHELINI: 06 days.

08:45:36 >>CHARLIE MIRANDA: My sanity.

08:45:37 All right.

08:45:37 We have a request.

08:45:52 >>ABBYE FEELEY: I want to make -- 60 days is adequate but

08:45:56 you the T plans need to be in to land development before

08:45:58 January 24th and I want to make sure that Mr. Michelini

08:46:01 feels that is an acceptable time period to meet that.

08:46:04 That is the March 14th cycle.

08:46:08 Their plans are due back into us after they go to DRC, their

08:46:12 revised plans are due back in to us by January 24th.

08:46:16 >> One week from today?

08:46:17 >> Yes.

08:46:18 >> After that you are looking at April 11th.

08:46:20 >> April 11, then we have some time to --




08:46:29 >> You are changing now to April 11.

08:46:32 Am I correct?

08:46:33 >>STEVE MICHELINI: I would rather do it correctly than be

08:46:37 rushed and make another mistake.

08:46:40 >>ABBYE FEELEY: Ware doing the April 11th DRC actually

08:46:43 on January 23rd.

08:46:45 So it would be due back February 23rd, or 30 days from

08:46:50 the January 23rd date.

08:46:52 So I can provide any estimates to Mr. Michelini with that

08:46:56 due date in order to put him on notice to move forward with

08:46:58 the April 11th hearing.

08:47:00 >>CHARLIE MIRANDA: Well, not yet.

08:47:01 We have haven't had no motion from the council yet.

08:47:06 We haven't had a motion.

08:47:11 >>YVONNE CAPIN: I move to continue to April 11th.

08:47:15 >>CHARLIE MIRANDA: At 6 p.m.?

08:47:17 >>YVONNE CAPIN: At 6 p.m.

08:47:18 >>CHARLIE MIRANDA: Let me ask these other good people that

08:47:20 are here.

08:47:21 I imagine there's someone here on this request.

08:47:24 So if you want to speak to the continuance, you are allowed

08:47:26 to do that.

08:47:28 Ms. Mulhern.

08:47:29 >> Can I ask?

08:47:32 Is that your motion to make this the first item on the




08:47:35 agenda?

08:47:43 >> Yes. I have been working with some of the neighbors that

08:47:45 are here to speak this evening and I guess they are asking

08:47:47 since it's so far out whether they are going to be receiving

08:47:49 notice again that the actual hearing is going to be moving

08:47:53 forward on that date.

08:47:58 >>CHARLIE MIRANDA: Petitioner, do you understand that?

08:47:59 It's not our responsibility, I don't believe.

08:48:01 It's yours.

08:48:02 >>CHARLIE MIRANDA: If they will give Ms. Feeley their names

08:48:04 and addresses we will give them know.

08:48:08 >>CHARLIE MIRANDA: No, that's not the T way it's done.

08:48:11 >>JULIA MANDELL: There's in a legal obligation to renotice

08:48:15 but there are times when the City Council has required it.

08:48:18 I would recommend either notice in line with our code or no

08:48:23 obligation for floe.

08:48:28 >>YVONNE CAPIN: I would amend that to have the notice, that

08:48:31 the date April 11th, the same way you noticed it before,

08:48:36 exactly.

08:48:38 >>CHARLIE MIRANDA: I have a motion by Ms. Capin.

08:48:40 I have a second by Ms. Mulhern.

08:48:43 Any further discussion?

08:48:45 Before I take a vote, you are entitled to speak only on the

08:48:48 continuance.

08:48:50 Anyone in the audience care to speak only on the




08:48:52 continuance?

08:48:53 We are trying to be fair to everyone.

08:48:55 I don't see in a one.

08:48:57 Take a vote on that motion.

08:48:58 All in favor of the motion indicate by saying aye.

08:49:00 Opposed nay.

08:49:01 The ayes have it unanimously.

08:49:02 For the record this will be heard April the 11th at

08:49:05 6:00.

08:49:08 Numero uno, number one.

08:49:11 Thank you very much for attending.

08:49:13 We go to public hearing number 4.

08:49:21 [Sounding gavel]

08:49:56 Let's go.

08:50:02 >>ABBYE FEELEY: Land Development Coordination.

08:50:07 This is Z-12-55, a vacating which is the following item on

08:50:13 the agenda.

08:50:15 I would ask that you go ahead and hear the vacating first.

08:50:18 You will see in the packet that I gave you, I did provide a

08:50:21 revised staff report.

08:50:23 I had some minor modifications in there.

08:50:25 And I just decided to give you --

08:50:28 >>CHARLIE MIRANDA: So we'll do item number 5 before 4,

08:50:30 right?

08:50:31 Okay.




08:50:31 Item number 5 is on here as file number C-13-01.

08:50:40 >>BARBARA LYNCH: Land Development Coordination.

08:50:43 C-13-01 is a request to vacate a portion of union street.

08:50:50 I have a map of the Elmo to show the location.

08:50:55 The petitioner's property is in red, and the area to be

08:50:58 vacated is in yellow.

08:50:59 [Sounding gavel]

08:51:08 >>CHARLIE MIRANDA: Silence, please.

08:51:12 This was family but we change it to City Council.

08:51:15 >> C-13-01 is a request by the -- this is in conjunction

08:51:21 with the Z-12-55 rezoning and this is a request to vacate a

08:51:27 portion of union street, lying west of Westshore, and lying

08:51:31 south of Spruce and north of Main Street, and bounded on the

08:51:35 west by a dead-end.

08:51:36 The petitioner's property is shown in red and the area to be

08:51:39 vacated is in yellow.

08:51:41 They are asking for the north 10 feet of union street.

08:51:44 It's a 10-foot strip.

08:51:46 It's a 60-foot right-of-way and would be reduced down to if

08:51:51 this is approved.

08:51:52 I have some photos.

08:51:53 The first is union street looking west from Westshore

08:51:55 Boulevard.

08:52:00 The next photo is union street looking east from the

08:52:03 dead-end.




08:52:04 This is towards Westshore Boulevard.

08:52:10 The next photo is the property looking north from union

08:52:14 street.

08:52:16 And the petitioner's property at the northwest corner of

08:52:19 union street and Westshore Boulevard.

08:52:25 And on the south side the abutting property owner, I believe

08:52:29 it's Ruth Chris's steakhouse.

08:52:32 And then there's a hotel on the other side of union street

08:52:37 at the dead-end.

08:52:39 The grass strip is unimproved.

08:52:42 Staff has no objection.

08:52:44 It's not being used by utilities.

08:52:46 And you have to meet chapter 13 landscaping code.

08:52:53 Staff has no objection to this request.

08:52:55 >>ABBYE FEELEY: I am now going to go over that as to what

08:53:18 we refer to as container 2.

08:53:21 This is located at 4720 West Spruce and 1810 North Westshore

08:53:24 Boulevard.

08:53:25 The request before you tonight is from MAP 4 municipal

08:53:28 airport and planned development retail, bank, drive-in

08:53:32 window, and restaurant, PD, retail, bank with drive-in

08:53:34 window, restaurant and office, business professional.

08:53:39 You will see there are waivers, and I'll stop speaking in a

08:53:42 moment, approved through the original container store which

08:53:49 is the northern part of this PD, and this is to include the




08:53:56 southern piece, north of union, which Barbara just showed

08:54:00 you, to include retail uses.

08:54:03 So I will go through that in just a moment.

08:54:06 And once David is done.

08:54:10 Thank you.

08:54:10 >> David Hey again with your Planning Commission staff and

08:54:15 have been sworn.

08:54:18 We go back over to Westshore planning district.

08:54:20 The subject site is located at the southwest corner of

08:54:22 Spruce and Westshore Boulevard.

08:54:24 The subject site also contains a store that's currently

08:54:30 under construction.

08:54:31 As you can see on the vision map, Westshore Boulevard is

08:54:33 designated as a transit emphasis corridor.

08:54:36 Along Spruce we can see the proposed metro rapid east-west

08:54:40 express route.

08:54:41 One last thing is the majority of the subject site is also

08:54:43 within the mixed use urban village, and the Westshore

08:54:46 business center as defined by the Tampa comprehensive plan.

08:54:50 Next to the aerial you can see the subject site in the

08:54:53 center of the map.

08:54:54 Moving from the north of the subject site clockwise, you can

08:54:59 see the center one building.

08:55:03 East of the site we have retail and office use along

08:55:05 Westshore Boulevard and the field associated with Jefferson




08:55:08 high school.

08:55:11 We have more offices including Ruth Chris steakhouse.

08:55:15 We have La Quinta Inn and properties associated with Tampa

08:55:19 International Airport.

08:55:20 Finally we move onto the future land use map, in color

08:55:24 regional mixedness 100, airport compatibility while the blue

08:55:28 is major public semi-public.

08:55:30 Overall the Planning Commission staff found the zoning

08:55:33 allows for further intensification with the stake's largest

08:55:37 office district.

08:55:38 The proposed development would be comparable and compatible

08:55:41 with the exiting plan for this portion of the Westshore

08:55:44 planning area.

08:55:45 And based upon all that Planning Commission staff finds it

08:55:49 consistent with the provisions of the Tampa comprehensive

08:55:51 plan.

08:55:59 >>ABBYE FEELEY: Land Development Coordination.

08:56:03 I will explain briefly why we are bringing in the north PD.

08:56:05 The north PD has southern buffering along its southern

08:56:09 portion and the only way for us to blur that line and

08:56:12 actually integrate this into phase 2, which is south, is to

08:56:17 re-PD the whole thing and make one complete development

08:56:20 plan.

08:56:20 So that is what's before you tonight.

08:56:23 Nothing on the north is changing in relationship to the




08:56:26 container store and the two outparcels that you previously

08:56:29 approved per Z-11-38.

08:56:32 What's being proposed under Z-12-55 is a phase 2 to that,

08:56:37 which would include 35,000 square feet of commercial

08:56:42 development including 15,000 square feet of restaurant and

08:56:46 20,000 square feet of retail uses.

08:56:48 The configuration is oriented to Westshore.

08:56:51 You will see in the elevations that are provided everything

08:56:53 is up at the street.

08:56:54 The parking is behind.

08:56:57 And everything is complying with the Westshore standard.

08:57:09 With the exception of loading berth.

08:57:13 There are four new waivers being requested.

08:57:17 Two of them are related to signage.

08:57:18 The first is in relationship to the separation of free

08:57:23 standing signs.

08:57:25 Now that this is one zoning lot, those signs have to be a

08:57:29 minimum of 150 feet apart, and there is going to be 40 feet

08:57:35 apart.

08:57:36 So that waiver number 51 being requested.

08:57:39 And also to allow the total square footage of the allowable

08:57:43 signage, building signage for phase 2, to be distributed

08:57:48 among the four facades.

08:57:49 Wall see in the elevation is, this retail strip doesn't have

08:57:54 a back and a front it has two front.




08:57:58 A front on Westshore and front for the parking.

08:58:01 So you will seeing tenant signage on both sides.

08:58:05 What the waiver is asking you is they want to use everything

08:58:08 that's allowed.

08:58:08 They don't want an increase but they want to be able to

08:58:11 distribute at round the building as a whole versus putting

08:58:14 everything on the street frontage which is what code

08:58:16 requires.

08:58:18 >>CHARLIE MIRANDA: Ms. Mulhern?

08:58:20 >>MARY MULHERN: Thank you.

08:58:20 Abbye, can you show us, what is the portion of union that's

08:58:26 going to be vacated?

08:58:29 Is it just that little piece on the east --

08:58:38 >> That strip.

08:58:40 >>MARY MULHERN: Is it just the part that's adjacent to the

08:58:42 airport property?

08:58:42 >>ABBYE FEELEY: It's the part shown in yellow.

08:58:52 It actually aligns on David's aerial, on David's comp plan

08:58:56 map you would have seen that little dog leg jog right there.

08:58:59 It's actually going to allow the property to line up with

08:59:02 what this western portion of the property is already added.

08:59:06 So bring that down and continue that --

08:59:09 >>MARY MULHERN: I don't think I have -- do we have that?

08:59:12 I have the rezoning.

08:59:14 That's why I am asking.




08:59:16 Did you give us the vacating?

08:59:17 >> She doesn't provide hard copies.

08:59:22 But you can take a look at where it is.

08:59:24 It's shown on your site plan, too.

08:59:34 There, let me show you.

08:59:41 >> On the first page, the site plan, you will see it.

08:59:47 You will see it attached right here.

08:59:51 Just along the back portion.

08:59:54 That end right there.

08:59:55 >> So it's not actually part of -- is it part of the actual

08:59:58 street?

09:00:04 >>ABBYE FEELEY: Right now it's being requested to be

09:00:06 vacated and then would become private property.

09:00:08 >>MARY MULHERN: It's un--

09:00:12 >> Most of the improvements are on the south 35 feet.

09:00:14 >>MARY MULHERN: But I'm just looking at this.

09:00:19 I haven't been out there lately so you need to explain this

09:00:22 a little better.

09:00:23 Union street, is that actually a usable road at this point?

09:00:27 >> It currently has paving in it, and it's 60 feet wide.

09:00:36 >> But they are only asking to vacate that portion --

09:00:40 >> North 10.

09:00:48 I was going over the four new waivers that were not

09:00:50 previously approved by you.

09:00:52 One was for the free standing sign separation.




09:01:00 The other, this is the proposed elevation for Westshore

09:01:02 which you can see the typical signs, and they say street

09:01:07 frontage which is what code requires.

09:01:09 This is internal to the parking lot.

09:01:11 You will see also that they want signage.

09:01:14 They are asking that they be able to spread their area

09:01:19 around the building both inside, internal to the site and on

09:01:22 the right-of-way.

09:01:23 They are not asking to increase anything.

09:01:27 That would also include the northern facade that is going to

09:01:31 face phase 1 because I not on a right-of-way.

09:01:35 It need a wall sign as well.

09:01:39 >> The loading berth goes back to this double face when

09:01:43 there is no back-up house, very difficult to have a loading

09:01:46 berth because you are going want parking right up against

09:01:48 what is now the second front of the building so you have a

09:01:51 waiver number 7 for that.

09:01:52 And then the last is to allow the removal of that 60-inch

09:01:59 grand tree.

09:01:59 I do have some photos to show you.

09:02:01 Trying to hurry along in the essence of time but I don't

09:02:04 want to -- I will show you the presentation.

09:02:09 As you can see, the PD to the north is what we are referring

09:02:13 to as phase 1.

09:02:16 Do have the M.A.P. portion.




09:02:19 And then union to the south there, Westshore to the east,

09:02:23 first street, Boy Scout to the north.

09:02:31 David went over this, crate and barrel, deport center, La

09:02:36 Quinta, I hop, auto rental here, Ruth Chris steakhouse,

09:02:43 penthouse gentleman's club, and another office.

09:02:48 Went over that fast.

09:02:51 >>CHARLIE MIRANDA: I never knew it existed.

09:02:54 [ Laughter ]

09:02:56 >> It's exciting to see, hiring new people and will be

09:03:03 hiring that I saw when I was out there.

09:03:05 Also the outparcel, one of the two outparcels that you

09:03:08 approved as part of phase 1, currently under construction.

09:03:11 Here are some photos of the southern piece which I'm

09:03:14 referring to tonight as phase 2.

09:03:17 Another look back at the site.

09:03:18 There's a little bit closer look at that outparcel.

09:03:23 Here is a picture of union, Ms. Mulhern, looking back toward

09:03:27 Westshore.

09:03:28 You will see what Barbara referred to as the improved

09:03:31 right-of-way.

09:03:32 We are talking about the sliver adjacent to the property

09:03:34 boundary.

09:03:35 It's not currently street.

09:03:41 It's currently grass.

09:03:43 There is a fence, looking back at the site.




09:03:45 This doesn't really give you any impression there.

09:03:50 The south, is another view.

09:03:53 Here is a view from Boy Scout looking south.

09:04:01 Also from Boy Scout.

09:04:03 This is the southeast corner.

09:04:09 Let me see, I got a little out of order.

09:04:12 The on the outparcel appears to be slated for bank unit.

09:04:16 The east side of the site, the penthouse gentleman's club on

09:04:20 the east side of Westshore.

09:04:24 This is also at union and Westshore on the east side,

09:04:31 looking back north on Westshore, looking south on Westshore,

09:04:37 Ruth Chris immediately to the south, another shot back from

09:04:40 union, back to Westshore.

09:04:45 That does have some modifications that are being requested.

09:04:48 Urban design as it is in the Westshore overlay district.

09:04:52 They would like some pedestrian connections placed inside to

09:04:55 connect phases one and two.

09:04:57 I have shown the diagram submitted by Mike Callahan.

09:05:03 Natural resource also has a couple of modifications.

09:05:06 Solid waste has a couple of minor modifications.

09:05:10 And transportation does.

09:05:11 There are no findings of inconsistency related to this

09:05:14 application, just minor modifications that need to be made

09:05:18 in between first and second reading.

09:05:20 Staff is available for any questions.




09:05:21 >> Any questions by council members at this time?

09:05:24 Petitioner?

09:05:26 Oh, Ms. Capin?

09:05:27 >>YVONNE CAPIN: I'm just curious, what's being built on the

09:05:31 outparcel, the construction?

09:05:35 Is it a bank?

09:05:37 >> Yes.

09:05:40 Ron Weaver, 401 East Jackson Street, and I have been sworn.

09:05:46 And while it is -- you would never be able to contain my

09:05:51 remarks so look on the column, finally be olive gardens.

09:05:55 More for 15 years my kid have been beg meeting find a way to

09:05:58 get an Olive Garden closer to our house and we are hoping

09:06:02 that one of those will be an Olive Garden, long horn,

09:06:06 outstanding retailers and several outstanding restaurants,

09:06:10 to expand to about 77,000 square feet, whether it be already

09:06:15 approved by you a year ago, 22,000 square feet of this ideal

09:06:19 location.

09:06:19 It is on the highest categories in your comp plan.

09:06:23 It is the highest category in your comp plan.

09:06:25 The total becomes 6.75 acres taking it from M.A.P. 4 to PD

09:06:32 and PD to PD.

09:06:34 We will be achieving a lot of what you hear about in your

09:06:36 land use, the requirements for your zoning, for more

09:06:42 efficient and sustainable use of land and infrastructure,

09:06:47 the ideal mixed use village, major commercial center,




09:06:51 transit center, in your zoning code, allow integration of

09:06:56 different land uses and densities in one development that

09:06:59 would not otherwise be provided for.

09:07:02 In other words, bringing together the five or ten different

09:07:05 uses between the two hotels, La Quinta and Hyatt place, the

09:07:09 corporate center one office building immediately north.

09:07:12 National plaza, across the street, et cetera, each to serve

09:07:20 the other part and not have to parcel it twice or three

09:07:25 times.

09:07:26 Number three, acknowledge the changing need, economics and

09:07:30 consumer preferences which is about what this really is.

09:07:33 As far as the evolution, for an additional really important

09:07:36 addition to put the perfect combination of International

09:07:39 Plaza and Westshore mall in the connection.

09:07:42 Number 4, encourage development when character,

09:07:46 compatibility.

09:07:47 We talked to our neighborhood association leadership about

09:07:50 this ideal additional to the community and expanding it.

09:07:55 And help with respect to that strip.

09:08:01 50 feet is allowed by the staff as a sufficient remaining

09:08:04 amount.

09:08:04 Look at that very closely, you will notice that already if

09:08:08 you look further to the west, and you notice that already

09:08:14 owned the piece further to the west.

09:08:20 Does not go through any further than the Hyatt place.




09:08:23 Finally the fifth, promote actteric actual features and

09:08:26 elements, complimenting surrounding as your staff confirmed,

09:08:30 it is extremely complimentary with respect to what is built

09:08:34 with Ruth Chris and the others.

09:08:36 It is extremely compatible and complements architecture.

09:08:40 Of you have seen several times on the Elmo and elsewhere.

09:08:43 Mr. Cohen, in a moment will bring up a few more details.

09:08:46 The five waivers, I apologize.

09:08:49 It is, for the record, there are five additional waivers to

09:08:54 extend the previous waiver of the 20% of parking which is

09:08:57 your 27-242, for the record.

09:09:00 Number two, and by the way, the test you always use for

09:09:04 waiver, number one, is it necessary for the project?

09:09:07 Number two, it doesn't substantially interfere with the

09:09:10 rights of neighbors.

09:09:11 Number three, harmony with your plan.

09:09:15 And substantial justice.

09:09:16 And since we don't have any residential neighbors, it's part

09:09:19 of the commercial neighborhood, that it isn't necessary in

09:09:21 order to achieve the project delivery with respect to those

09:09:25 various retailers, and they are pretty in demand as you can

09:09:29 imagine, therefore the other four waivers are to allow the

09:09:32 separation understood 20.5-1 through C, 1-A and B to allow

09:09:39 separation of the sign so that 150-foot separation will be

09:09:42 maintained throughout the site with one little exception.




09:09:45 And that is we have already approved one sign in the

09:09:49 particular location on old phase one in order to locate the

09:09:53 sign on phase 2, we will need to vary the 150-foot

09:09:57 separation once only from 40 feet.

09:09:59 The other separations will remain 150 feet to the next sign.

09:10:02 So we are maintaining the integrity of the sign.

09:10:05 And the other signage or waiver just mentioned by Ms. Feeley

09:10:09 has worked very well and I compliment her for the way she

09:10:14 has worked and just presented it.

09:10:16 Also section C-2-A Roman 2 for the record, it's not

09:10:22 increasing the square footage on the four facades of the

09:10:25 phase 2 building, any of the four facades, just on union,

09:10:29 just on Westshore, and remember where to park and where to

09:10:35 go in once you narc that parking lot.

09:10:37 Finally, section 13-45, the 56-inch hazardous grand tree,

09:10:43 which is already dangerous and needs to be removed.

09:10:46 And I will tray to a brief great my remarks.

09:10:48 Those are the extent of them.

09:10:50 Mr. Cohen is here to explain.

09:10:51 >>CHARLIE MIRANDA: In the interest of time let me say this.

09:10:55 I asked the city if I was -- you have to remember everything

09:11:00 you said to United States when we get to 4 because when we

09:11:04 are on 5 we talk about density.

09:11:06 >> Yes, sir.

09:11:08 And I apologize.




09:11:10 >>CHARLIE MIRANDA: I knew what you were doing.

09:11:12 But we are talking about the close you why.

09:11:13 >> Yes.

09:11:16 >>CHARLIE MIRANDA: I asked the city earlier, do you want me

09:11:19 to open?

09:11:20 No, we are going to do 5 first.

09:11:23 >> Up to you, Mr. Chairman.

09:11:25 >>CHARLIE MIRANDA: We opened both.

09:11:27 Said we were going to talk about 5.

09:11:30 We opened 5.

09:11:31 >> Thank you, Mr. Chairman.

09:11:35 You do a great job.

09:11:36 >>CHARLIE MIRANDA: Oh, no, not me.

09:11:37 >> I am grateful.

09:11:47 >>CHARLIE MIRANDA: I thought you were preaching.

09:11:51 Come to the mike pleas.

09:11:56 >> Randy Coen, 4121 west Cyprus street.

09:12:01 Just want to add two very quick things.

09:12:04 Abbye has done a wonderful job.

09:12:09 The only thing I would ask is to move the bicycle rack.

09:12:13 And no one has brought it up.

09:12:15 We have talked about union street and that particular ten

09:12:18 feet.

09:12:19 It should be noted that in exchange for that, we are

09:12:22 providing the city with 11 feet of right-of-way along




09:12:25 Westshore Boulevard.

09:12:25 As it turns out from this driveway to union street,

09:12:28 Westshore Boulevard, 11 feet narrower than it is elsewhere

09:12:32 along the road.

09:12:33 So this is actually vacating a piece of right-of-way, and

09:12:36 providing a very desirable piece of right-of-way to the city

09:12:39 at the same time.

09:12:39 And with that, thank you.

09:12:42 >>CHARLIE MIRANDA: Thank you.

09:12:42 Anyone in the audience care to speak on item number 5 first?

09:12:48 On the portion of the union street vacating?

09:12:52 I have a motion to close by Mr. Cohen.

09:13:03 All in favor of the motion?

09:13:05 The ayes have it unanimously.

09:13:06 Would you care to read that?

09:13:08 Mrs. Montelione?

09:13:09 >>HARRY COHEN: I move an ordinance vacating, closing,

09:13:20 discontinuing, abandoning a portion of the right-of-way

09:13:24 known as union street in the City of Tampa, Hillsborough

09:13:26 County Florida the same being more fully described in

09:13:28 section 1 hereof providing an effective date.

09:13:30 >> Second.

09:13:32 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, a second by

09:13:34 Mr. Suarez.

09:13:36 >> Including the revision sheet.




09:13:37 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen along with

09:13:40 the revision sheet --

09:13:42 >> No, I apologize.

09:13:46 >>CHARLIE MIRANDA: Let me go back.

09:13:47 I have a motion by Mr. Cone without any revision sheet,

09:13:52 second by Mr. Suarez.

09:13:53 All in favor?

09:13:54 Opposed?

09:13:55 The ayes have it unanimously.

09:13:56 Now we are going to go to item number 4.

09:13:58 >>THE CLERK: Motion carried unanimously.

09:14:00 Second reading and adoption will be on February 7th at

09:14:02 9:30 a.m.

09:14:06 >>CHARLIE MIRANDA: Item number 4.

09:14:08 I think we heard it.

09:14:09 Anyone in the audience care to speak on item number 4,

09:14:12 Z-12-55, please come forward.

09:14:15 Item number 4.

09:14:15 >> Ron Weaver, 401 East Jackson Street.

09:14:20 I would like to review the transcript of today's

09:14:23 proceedings.

09:14:25 >>CHARLIE MIRANDA: We like you so much we want to hear it

09:14:27 again.

09:14:27 [ Laughter ]

09:14:30 Thank you very much, sir.




09:14:32 That was a bad joke on my part.

09:14:35 We have a motion to close by Mr. Reddick, seconded by Mr.

09:14:39 Cohen.

09:14:39 All in favor of the motion please indicate by saying aye.

09:14:42 Opposed nay.

09:14:42 The ayes have it unanimously.

09:14:44 Have you got that orthopedics?

09:14:45 >>LISA MONTELIONE: Move an ordinance rezoning property in

09:14:54 the general vicinity of 4720 West Spruce Street and 1810

09:14:58 north best shore Boulevard in the city of Tampa, Florida

09:15:00 more particularly described in section 1 from zoning

09:15:02 district classifications map 4, unit 4, airport, and PD

09:15:06 planned development, retail, bank, with drive-in window,

09:15:10 restaurant, to PD, planned development, retail bank with

09:15:12 drive-in window, restaurant, and office and business

09:15:17 professional providing an effective date.

09:15:19 And the revision sheet.

09:15:22 >>CHARLIE MIRANDA: We have a motion by Mrs. Montelione for

09:15:24 approval.

09:15:24 I have a second by Mr. Suarez.

09:15:25 All in favor of that motion please indicate by saying aye.

09:15:28 Opposed nay. The ayes have it unanimously.

09:15:30 Thank you very much for appearing.

09:15:32 Item number 6.

09:15:34 >> Motion carried unanimously.




09:15:35 Second reading and adoption will be on February 7th at

09:15:37 9:30 a.m.

09:15:43 >> Mrs. Capin, the outparcel is actually Lime Fresh, a Ruby

09:15:45 Tuesday's concept and suite number, currently under

09:15:48 construction.

09:16:04 >>YVONNE CAPIN: An Outback? Oh, Ruby Tuesday's concept.

09:16:05 Second fastest growing restaurant in the nation.

09:16:08 >> Item number 6.

09:16:12 V-12-56, located at 18600 Highwoods Preserve Parkway.

09:16:20 The request tonight is PDA, planned development alternative,

09:16:24 residential, place of religious assembly, to PD, congregate

09:16:28 living facility, office business professional and medical.

09:16:31 >> Good evening.

09:16:42 David Hey again with your Planning Commission staff and I

09:16:45 have been sworn.

09:16:45 For our next case we move up to New Tampa.

09:16:48 The subject site is located within the boundaries of the

09:16:50 West Meadows homeowners association, south of the

09:16:53 intersection of Highwoods Preserve Parkway and New Tampa

09:16:57 Boulevard.

09:16:59 Next on to the area. You can see the subject site is in the

09:17:02 center of the map.

09:17:03 You can see the surrounding area is predominantly

09:17:06 residential in character with some single-family attached

09:17:08 and multifamily residential uses to the east and south, some




09:17:13 office uses are also located south of the site, necessary

09:17:17 Bruce B. Downs Boulevard. You can see interstate 75 running

09:17:22 to the aerial on the left side.

09:17:25 Next under the future land use map, the subject site is

09:17:28 designated suburban mixed use 6, which is the light pink,

09:17:33 and environmentally sensitive, which is the light green.

09:17:36 Over all the Planning Commission staff found the proposed

09:17:39 rezoning allows for additional special needs housing

09:17:41 options, which is encouraged by the comprehensive plan, the

09:17:45 overall development is designed to be sensitive to the

09:17:47 existing development pattern, while also furthering a number

09:17:50 of goals, objectives and policies of the comprehensive plan.

09:17:54 Based on all that the Planning Commission staff finds the

09:17:57 request consistent with the comprehensive plan.

09:18:05 >>ABBYE FEELEY: Land Development Coordination.

09:18:07 The request before you this evening is for an 88 oh-bed

09:18:12 congregate living facility and 7500 square feet of office,

09:18:17 configured in three buildings, with a maximum of 2500 square

09:18:21 feet of medical.

09:18:22 So it would be 5,000 general business profession office and

09:18:28 then potential for 2500 to be medical or could be all 7500

09:18:32 business professional.

09:18:34 But the medical would be capped at 2500.

09:18:37 The existing PDA allowed for either place of religious

09:18:41 assembly with an accessory daycare use or 66 multifamily




09:18:44 residential units.

09:18:48 The property is a 17.24-acre site, and the development plan

09:18:55 proposes the 88 bed, 64,240 square foot congregate living

09:18:59 facility as phase 1 and the office buildings as phase 2.

09:19:04 The setbacks for the overall project are 75 -- 87 feet to

09:19:08 the office building, approximately 170 feet to the ALS, 69

09:19:13 feet along the southern property line, 233 feet to the west,

09:19:20 and you will see, as he showed you, as David showed you on

09:19:23 the aerial, the site is kind of like an hour glass and this

09:19:26 really is only for the southern portion of that site.

09:19:28 The northern portion is not being entitled for any

09:19:31 development.

09:19:34 The property is surrounded by residential uses, to the

09:19:37 north, west and south.

09:19:38 In addition it contains a large wetland conservation area

09:19:41 along the southwest portion of the property.

09:19:42 It is located in New Tampa commercial overlay district.

09:19:45 And there is one waiver being requested tonight, and that is

09:19:49 typically there is a berm that is provided as an overlay

09:19:54 criteria, and the applicant is requesting to waive that berm

09:19:57 in order to preserve the existing vegetation that is along

09:20:00 Highwoods preserve parkway.

09:20:07 The required parking for the congregate living facility is

09:20:10 48 spaces and 48 are being provided.

09:20:13 So parking for the office is 32 spaces, and 38 is being




09:20:16 provided.

09:20:24 There is the zoning atlas, PDA shown.

09:20:28 As I mentioned, we are really talking about this southern

09:20:34 piece of the hour glass.

09:20:37 That is the site there.

09:20:38 Highwoods Preserve.

09:20:39 New Tampa Boulevard.

09:20:40 I'll show you some pictures, because the extension road

09:20:44 connector is approaching being opened.

09:20:50 They look like they were finishing up some landscaping.

09:20:54 I will show you some quick photographs of the vegetation but

09:20:56 really it very heavily treed.

09:21:00 These are from Highwoods.

09:21:01 This is from -- what I did was I drove up the street this

09:21:06 way.

09:21:06 So I am going to show you starting here going up.

09:21:10 I took some photos here and then came back down the other

09:21:15 side.

09:21:19 This is up in no-map's land. (Laughter)

09:21:22 >> I would retract that comment if I were you.

09:21:24 >> It's far from the Development Services Office. I

09:21:26 sincerely apologize, but it is far. It's far.

09:21:33 The right-of-way trees are all being obviously preserved.

09:21:38 There are plantings being proposed.

09:21:40 On your revision sheet, you will see, this is still moving




09:21:43 up, this is at the corner of New Tampa Boulevard and

09:21:46 Highwoods.

09:21:48 Looking west.

09:21:49 Here is the connector road.

09:21:51 Landscaping Goss going in.

09:21:53 Looks like it finishing up.

09:21:55 Going back down south.

09:21:59 On Highwoods.

09:22:01 Entry to subdivision.

09:22:03 There's a park.

09:22:05 Richmond place.

09:22:08 Playground area.

09:22:09 Some other retention.

09:22:13 It's hard to let you know exactly where we are going and

09:22:16 what we are looking at to really examine the site.

09:22:20 It gives you a little bit of flavor there.

09:22:26 >>CHARLIE MIRANDA: Ms. Capin?

09:22:30 >>YVONNE CAPIN: Ms. Feeley, where would the berm be that

09:22:33 they are requesting?

09:22:34 >> That was required by the overlay.

09:22:37 >> Would you show those nice trees?

09:22:39 >>ABBYE FEELEY: In between the right-of-way and -- let me

09:22:45 see if I can go back.

09:22:46 But the site is very large.

09:22:52 >>YVONNE CAPIN: Can you point to it?




09:22:53 >>ABBYE FEELEY: Sure.

09:22:57 You know where the office is, going in, in between these

09:23:02 three trees.

09:23:03 Then you have the sidewalk, the property line, then you have

09:23:05 a berm that went on around.

09:23:07 And they are going to try to preserve as much veg

09:23:10 vegetation.

09:23:11 You will see on your site plan that's existing there.

09:23:15 >>YVONNE CAPIN: Thank you.

09:23:17 >>ABBYE FEELEY: Modifications, the site plan is scaled

09:23:22 directly to the building.

09:23:23 So along, it's a 69-foot setback.

09:23:27 I was requesting from staff that we give a little bit of

09:23:31 wiggle room for site engineering.

09:23:33 I know there's a lot of trees on this site.

09:23:36 There's wetland, different things going on. So I requested

09:23:38 maybe a 65-foot or 60-foot to allow them some flexibility

09:23:43 when they are engineering, because if it's not exactly 69

09:23:46 it's going to need to come back to you and I want to try to

09:23:49 avoid that on behalf of the applicant.

09:23:51 That's my comment.

09:23:52 Solid waste also, Vince has a couple of comments.

09:23:57 His last comment which I did want to bring forth is in

09:24:01 relationship to the office proposal, where the solid waste

09:24:05 is located, the solid waste truck is having to back up over




09:24:09 180 feet, and that is not typical.

09:24:11 We typically do not back up.

09:24:14 The city over hundred feet.

09:24:15 What he's requesting is one way in, one way out, instead of

09:24:21 one which would allow him to come in, service the dumpster

09:24:25 beings back up 20 or 30 feet and then leave the site.

09:24:28 So that was being recommended for consideration by the

09:24:30 applicant on behalf of solid waste in relationship to

09:24:34 safety.

09:24:37 Transportation has a note that they wanted added that's

09:24:41 being proposed, that's nine spaces along Highwoods and tree

09:24:44 and landscape, natural resources had two notations that they

09:24:49 needed changed.

09:24:51 Unlike my previous revision sheet, this revision sheet

09:24:54 actually has some conditions that were proposed by the

09:24:57 applicant, based on meetings with the neighborhood.

09:25:00 I did put those on there.

09:25:06 I have coordinated with Mr. Horner concerning those.

09:25:10 And let me just go ahead and read those in.

09:25:13 That would be that the development is to comply with the

09:25:16 architectural style, as shown on the elevations.

09:25:20 Elevations with a PD are typically for mass and scale

09:25:23 purposes only.

09:25:24 We do not typically regulate architectural style.

09:25:30 Discussion was the neighborhood, I will let him speak to




09:25:32 that.

09:25:32 That is being proposed as a condition.

09:25:34 Also, a notation be added that there are no retail uses

09:25:38 permitted, and as I previously stated, business professional

09:25:41 office to be a max of 7500 with a cap on the medical at 2500

09:25:47 of that 7500.

09:25:50 Also, a notation committing to the maintenance of those

09:25:52 trees along Highwoods preserve, and a notation related to

09:25:58 the southern property line with some additional buffering

09:26:01 that they are proposing on that, that's on there as bullet

09:26:04 number 4, and I will let Mr. Horner speak to that that.

09:26:08 And lastly no that no fencing be constructed along

09:26:11 Highwoods.

09:26:13 So if there's any modifications or changes to that, since I

09:26:16 don't typically include requests on there but I want to make

09:26:21 sure it was written in a way that could be certified between

09:26:23 first and second reading.

09:26:25 So staff is available for any questions.

09:26:27 >> Thank you very much.

09:26:28 Petitioner?

09:26:32 >> Good evening, council members.

09:26:34 David Mechanik, 305 South Boulevard, Tampa, Florida.

09:26:37 I'm here on behalf of pinpoint commercial LLP.

09:26:42 And I have with me this evening Mr. Charles Turner, who is

09:26:48 principal with pinpoint, also have Mike horner who is a




09:26:52 certified planner, and Chris MacNeil is ho is a civil

09:26:56 engineer on this project.

09:26:59 Oh, and I have been sworn.

09:27:06 I want to state that I think the one comment about solid

09:27:09 waste, Mr. Horner will speak to in a moment, but other than

09:27:14 those, all of the recommended revisions by staff are ones

09:27:19 that we have agreed to.

09:27:20 And I would like to just also point out that Mr. Horner has

09:27:24 worked extensively with the homeowners association, and four

09:27:30 of those conditions that are on the revision sheet are ones

09:27:33 that he worked out with the association, they were

09:27:37 agreeable, and we understand that they are in support of our

09:27:43 request and do not object to our proposal this evening.

09:27:47 And with that, I would like to introduce Mr. Horner, hole

09:27:50 give you an overview of the project and give you a very

09:27:54 brief description of the site plan.

09:27:55 Thank you.

09:28:05 >> I'm Michael Horner, 14502 North Dale Mabry highway,

09:28:12 Tampa, representing applicant.

09:28:13 I have been sworn.

09:28:14 I know it's late, you are tired, controversial cases.

09:28:17 I hope this is not one of them.

09:28:19 A year ago, council members, you recall we were standing

09:28:22 before you on the same parcel on a different project.

09:28:26 That didn't go so well.




09:28:27 We came back --

09:28:33 >>LISA MONTELIONE: Good for the community.

09:28:36 >> That was a parochial opinion.

09:28:38 >>CHARLIE MIRANDA: There was one vote.

09:28:40 [ Laughter ]

09:28:42 Sometimes it's later than what you think.

09:28:45 But not for us.

09:28:45 >> We are pleased that the homeowners association allowed us

09:28:50 to meet with them, actively, a aggressively, had numerous

09:28:56 iterations produced between parties, had comments going back

09:28:59 and forth, and I'm happy to stand before you with their

09:29:02 approval.

09:29:03 I believe Ms. Grimes was here earlier.

09:29:05 We received an e-mail from her earlier this morning saying

09:29:09 she's fine, they approved the proposed conditions.

09:29:11 Mr. Mechanik mentioned all the revision sheet comments.

09:29:14 We agreed to including the four bullet points.

09:29:17 This plan is I think a perfect fit for this proposed site.

09:29:21 This is 88 beds, assistive living facility, three small

09:29:25 scale office buildings, that are typical, looked like

09:29:30 single-family houses, fixed roof, windows, landscaping,

09:29:33 sidewalks, the ALS build sag maximum of -- excuse me, two

09:29:38 stories, has a pitched roof as well.

09:29:41 We have bound ourselves to the elevation on the site plan.

09:29:46 We have gone through a number of change order with city




09:29:48 staff, Planning Commission find it consistent with all plan

09:29:52 policies and objectives.

09:29:54 Abbye looked at this diligently, and review comments and

09:29:57 criteria. We have no inconsistent findings.

09:29:59 We have no objections from any review agency.

09:30:03 Briefly, council, this is Highwoods Preserve Parkway.

09:30:07 This is the ALS facility.

09:30:10 It existing with stone ridge alignments.

09:30:13 One access whats approved in the prior PD.

09:30:16 We are maintaining that as an access to the office building.

09:30:20 We have stormwater ponds throughout the site.

09:30:22 SWFWMD has increased their criteria.

09:30:25 We have to have a lot more stormwater retention this time

09:30:27 around than we have proposed in the prior plan.

09:30:30 That benefits the community, and the environment.

09:30:33 We have 38 parking spaces, and exceed code on both of those,

09:30:38 both the office and the assistive living facility.

09:30:43 We do not need a lot of parking for the a assistive living

09:30:47 facility, the components by their Reiss restrictions on this

09:30:52 property, we do not have an automobile understood special

09:30:54 restrictions may be allowed.

09:30:56 Most often they do not.

09:30:58 Low impact trip generation, low impact on public water and

09:31:02 public sewer.

09:31:03 We do have the one waiver that Abbye referenced.




09:31:06 We do not want to construct this 18-inch curb all the way

09:31:10 along.

09:31:11 We have existing trees in the right-of-way.

09:31:15 We are as a side note taking over maintenance responsibility

09:31:17 which the homeowners association is doing partnering.

09:31:20 We have another layer of trees all along the interior of the

09:31:25 property next to the right-of-way.

09:31:26 That berm would take out additional landscaping which we

09:31:29 would like to keep.

09:31:30 No fencing was the request by the homeowners association.

09:31:33 We don't want to have any institutional look on this

09:31:38 facility.

09:31:38 Most of the time has been spent in the south buffer area.

09:31:41 This buffer extend out of the building open on the east side

09:31:46 abutting one of the circles.

09:31:48 There are two property owners.

09:31:50 A few other lots that have some relationship.

09:31:53 The only lot directly abutting is to the west, on the north

09:31:57 side of Roninger.

09:32:01 I spoke with the property owner this afternoon.

09:32:03 He is more than pleased of the assistive living facility

09:32:07 imposed.

09:32:07 In fact he was one of the original applicants on the

09:32:10 Lutheran church back in 2001.

09:32:12 All he asked for was a commitment to the landscaping.




09:32:14 We have done that.

09:32:16 What is that landscaping?

09:32:17 It's about a 25-foot minimum undisturbed natural vegetation.

09:32:22 >>CHARLIE MIRANDA: Mrs. Montelione has the floor.

09:32:23 >>LISA MONTELIONE: All of these folks that you have said

09:32:26 that you have talked with, the homeowners association, Ms.

09:32:30 Grimes you mentioned earlier, and now the gentleman from the

09:32:33 church, do you have any of those in writing?

09:32:37 I haven't seen anything in writing.

09:32:39 Either in support.

09:32:40 I see somebody is waving their hand in the back there.

09:32:43 If you have them in writing, it would be great to have it in

09:32:46 the record.

09:32:46 >> I have Ms. Grimes' e-mail.

09:32:54 I do not have anybody else.

09:32:55 Rich Monday place contacted me indicating they are

09:32:59 favorable.

09:32:59 >>LISA MONTELIONE: Mrs. Feeley is saying something here.

09:33:06 >> Abbye?

09:33:09 >> We haven't had public comment.

09:33:11 I do know that there's people in support to speak on

09:33:14 behalf --

09:33:16 >>LISA MONTELIONE: I wanted to know what e-mails weighs

09:33:18 referring referencing.

09:33:19 Thank you.




09:33:20 >> We don't believe we have any opposition.

09:33:25 We agree to all conditions.

09:33:29 Findings of consistency in our favor.

09:33:32 We deserve your approval.

09:33:33 Thank you.

09:33:34 [ Laughter ]

09:33:35 >>CHARLIE MIRANDA: Learning quickly.

09:33:41 >> Any questions?

09:33:42 >> We have nothing further.

09:33:44 We would be happy to answer any questions.

09:33:47 >>CHARLIE MIRANDA: Thank you very much.

09:33:47 Anyone in the audience care to speak on this petition, item

09:33:50 number 6, file Z-12-56, please come forward.

09:33:59 >> My name is Brad van Rooyen, 18902 Duquesne Place, Tampa,

09:34:09 and I have been sworn in.

09:34:10 I'm here on behalf of the West Meadows homeowners

09:34:13 association.

09:34:14 We are in support of this development.

09:34:19 The developer, their representatives, met extensively with

09:34:23 us, wanted communication provided, were extremely

09:34:29 transparent, asked us what our concerns were, took those

09:34:31 back, worked with the various departments to get what we

09:34:36 want put into the plan.

09:34:38 And feel that this is going to be a great assist to the

09:34:45 community.




09:34:46 You remember last time there was a quite opposition to the

09:34:49 charter school.

09:34:49 But going to the community with this plan, and making

09:34:57 homeowners aware of what was going on and giving them an

09:35:00 opportunity to ask questions, as you can see, last time I

09:35:04 think there were three desk clerks, this one just one.

09:35:09 So we are fully in support of this.

09:35:11 It been tremendously helpful, and we are excited to see this

09:35:18 come into the community.

09:35:19 We think it's going to be a great asset not only for West

09:35:24 Meadows but the surrounding communities as well here tonight

09:35:28 to ask you to support this development.

09:35:30 Thank you.

09:35:31 >>LISA MONTELIONE: I just want to thank you as Ms. Feeley

09:35:35 pointed out driving all this way to come down here to the

09:35:38 City of Tampa, at 9:30 at night.

09:35:40 Now you have to drive home.

09:35:44 >>CHARLIE MIRANDA: All right, let's go.

09:35:45 Thank you.

09:35:45 Thank you very much.

09:35:49 Anyone else care to speak on this item, item number 6?

09:35:53 Z-12-56.

09:35:54 >> Motion to close.

09:35:56 >> Motion by Mr. Cohen, second by Mr. Reddick.

09:35:59 Do you have rebuttal?




09:36:01 >> We did want to speak to the comment about solid waste.

09:36:03 I would like to just briefly ask Mr. Horner to speak to it.

09:36:09 >> No matter where that comment is not going to be served by

09:36:14 City of Tampa, it will be served by Hillsborough County.

09:36:16 They have no objection to that, backup distance.

09:36:18 So we have no objection on the solid waste condition.

09:36:21 Thank you.

09:36:22 >>CHARLIE MIRANDA: You are absolutely right.

09:36:23 We don't service New Tampa.

09:36:24 >>HARRY COHEN: Move to close.

09:36:29 >>FRANK REDDICK: Second.

09:36:31 >>CHARLIE MIRANDA: All in favor of the motion indicate by

09:36:33 saying aye.

09:36:34 The ayes have it unanimously.

09:36:35 Do you have the ordinance, sir?

09:36:43 >>MIKE SUAREZ: Move an ordinance for first reading

09:36:45 consideration, an ordinance rezoning property in the general

09:36:48 vicinity of 18600 Highwoods Preserve Parkway in the city of

09:36:52 Tampa, Florida and more particularly described in section 1

09:36:55 from zoning district classification PD-A planned development

09:36:59 alternative, residential place of religious assembly, PD

09:37:04 planned development, congregate living facility, office,

09:37:07 business professional and medical, providing an effective

09:37:09 date.

09:37:09 >> Second.




09:37:12 >>CHARLIE MIRANDA: I have a motion for approval by Mr.

09:37:13 Suarez, second by Mr. Reddick on Z-12-56.

09:37:17 All in favor of that motion please indicate by saying aye.

09:37:19 Opposed nay?

09:37:20 The ayes have it unanimously.

09:37:21 >>THE CLERK: Motion carried unanimously.

09:37:23 Second reading and adoption will be on February 7th at

09:37:25 9:30 a.m.

09:37:27 >>CHARLIE MIRANDA: Item number 7.

09:37:38 >> Z-12-57 located at 4521 West North "A" street, the

09:37:56 request from PD planned development residential two family.

09:37:59 You don't deal with a lot of two family.

09:38:02 That's a unit downstairs and unit upstairs.

09:38:04 The residential single-family semi-detached.

09:38:08 Semi-detached is attached by the sidewall and the rear wall.

09:38:12 So it's typically a town home style.

09:38:14 >> David Hey with your Planning Commission staff and I have

09:38:26 been sworn.

09:38:26 We moved back over to the Westshore planning area for this

09:38:30 next case.

09:38:30 The subject site is located at the northeast corner of West

09:38:32 North "A" street and north Trask street.

09:38:41 Here we have the arrow. You can see the subject site in the

09:38:44 center of the map.

09:38:45 You can see the mixed nature of the surrounding area.




09:38:47 To the north and east we have primarily single and

09:38:50 multifamily residential uses.

09:38:53 We can see the commercial uses along Kennedy Boulevard.

09:38:56 We can also see the urban center building in the lower left

09:39:00 corner and the edge of the Westshore plaza to the west side

09:39:02 of the aerial.

09:39:04 Onto the future land use map, the subject site and

09:39:08 properties directly to the north, south and east are

09:39:10 designated residential 20.

09:39:12 To the west we have residential 35.

09:39:14 We have urban mixed use 6 on Kennedy Boulevard and regional

09:39:18 mixed use 100 along Westshore Boulevard.

09:39:21 The yellow area south of Kennedy Boulevard is residential 6.

09:39:24 The Planning Commission staff found the proposed rezoning to

09:39:27 allow a maximum of four residential town home units would be

09:39:31 comparable to the existing development patterns found within

09:39:33 the area.

09:39:35 If allowed for residential uses within close proximity to

09:39:39 residential uses and transit based on all that and the

09:39:42 policy provided in the planning report Planning Commission

09:39:45 staff find it consistent with the Tampa comprehensive plan.

09:39:49 >>ABBYE FEELEY: Land Development Coordination.

09:39:55 The proposal to rezoning the property from PD to PD to

09:39:59 construct two single-family semi-detached units, four units

09:40:04 total, the site was previously rezoned in 2006 for two




09:40:08 family which I mentioned, and prior to that in '05 it was PD

09:40:15 to PD for three single-family attached unit with two car

09:40:19 garage.

09:40:27 The proposed setbacks are as follows.

09:40:29 The north six feet, adjacent to the alley, south 11 feet

09:40:34 which would be north A, west 18 feet, and east 1 foot to the

09:40:39 proposed deck, 12.7 feet to the structural wall of the

09:40:42 building.

09:40:43 Total of nine parking spaces are required, and a total of 12

09:40:47 spaces are being provided through the combination of garage

09:40:50 and surface parking.

09:40:51 There are no waivers being requested with this PD.

09:40:55 Elevations have been provided in modern architectural style,

09:41:02 the request is found consistent and there are no

09:41:05 modifications being requested in between first and second

09:41:08 reading.

09:41:09 I will go ahead and show you.

09:41:15 David just went over the RME 100, R-35, R-20.

09:41:19 It's quite a mix.

09:41:20 You may remember we did a special use for the new chase bank

09:41:23 located at Kennedy and Trask.

09:41:27 This is just catter-corner from that.

09:41:30 Burger King, there it is, a Verizon, switching station,

09:41:33 that's here, a really good transition from the commercial

09:41:37 along Kennedy, back into the neighborhood.




09:41:40 This is down north "A," west from where we were, obviously

09:41:45 earlier this evening.

09:41:50 I will show you a few pictures.

09:41:52 This is the site from Trask looking east.

09:41:56 This is also from Trask looking east.

09:42:01 Poor little palm tree met its demise there.

09:42:03 This is just to the north.

09:42:05 This appears to be four units.

09:42:07 This is at the corner of Trask and north "B."

09:42:14 This is the northern facade of the structure.

09:42:19 This is looking from the corner of north "A" and Trask.

09:42:25 Back to northeast.

09:42:26 Throws an office building immediately across the street on

09:42:28 the west side of Trask.

09:42:30 There is an alley that runs behind that that leads west.

09:42:33 This is the site from north "A" looking north.

09:42:37 Immediately adjacent to the site to the east.

09:42:42 Also to the east.

09:42:44 This is the switching station.

09:42:46 The Burger King vehicle use area buffer.

09:42:53 You can see a little bit of the Burger King along Kennedy.

09:42:57 There's the view back toward Kennedy from north AR "A."

09:43:01 This is the chase bank.

09:43:02 You can see the drive-in.

09:43:03 The remote drive-in there.




09:43:05 And another view there.

09:43:09 Staff is available for any questions.

09:43:15 >>CHARLIE MIRANDA: Petitioner?

09:43:15 >> Good evening.

09:43:22 La Rosa civil design, 3400 North Armenia Avenue, suite 101

09:43:26 in Tampa.

09:43:27 I have been sworn.

09:43:28 I'm here representing applicant for this request.

09:43:33 As Abbye mentioned, this is a PD to PD request.

09:43:37 I do have a copy of the currently approved plan, which I

09:43:43 will show you.

09:43:44 This request when you look at the bidding itself is, I

09:43:46 think, the overall footprint, relatively close, although we

09:43:49 are breaking the single structure into two buildings now,

09:43:54 each building with two units.

09:43:58 Let me find the plan here in my paperwork.

09:44:13 I'll put it on the Elmo here.

09:44:30 This is the original site plan, with a single structure.

09:44:35 Two units.

09:44:37 This is the elevation.

09:44:38 You can see it was one large structure, four car.

09:44:45 Each unit has a two-car garage and two parking spaces in

09:44:48 front.

09:44:48 You can see the overall mass of the structure was quit

09:44:54 large.




09:44:55 What we are proposing now, we are going to four units.

09:44:58 However, we are proposing to break it into two separate

09:45:02 buildings.

09:45:03 Again, the overall scale is comparable.

09:45:10 The units themselves will be modern in architectural style.

09:45:14 This is a rendering here.

09:45:16 We submitted elevations.

09:45:23 And just to kind of again show you some of the photos of the

09:45:26 surrounding properties.

09:45:33 This is a building that's immediately north of the property.

09:45:37 You will notice that it is very similar in the style that we

09:45:39 are proposing.

09:45:40 So it's consistent with some of the surrounding properties

09:45:44 with adjacent property, I should say.

09:45:48 This is across the street of Trask.

09:45:53 This is the side yard.

09:45:59 This is the side of the modern town homes that I showed you

09:46:03 before.

09:46:03 This will be immediately north of the property.

09:46:07 Right now you can see it's basically just a flat face wall

09:46:11 with a single window.

09:46:15 And then this is looking towards the southwest.

09:46:18 You can start to see where near Kennedy Boulevard, there's a

09:46:22 lost commercial there, banks, Burger King, Verizon.

09:46:28 So we are a good transition from commercial into the




09:46:32 residential properties.

09:46:33 Again this is just another view, looking to the southwest.

09:46:36 You can see the buildings there on Westshore.

09:46:39 This is immediately across the street of us.

09:46:45 On north "A."

09:46:46 That's the Verizon transfer station.

09:46:48 This is basically what the south unit will be facing.

09:46:54 We did talk to the neighbors.

09:46:56 We have worked with them.

09:46:57 I do have an e-mail that I can submit from Ian Kupperson who

09:47:06 owns the property 4601 north "A."

09:47:08 He's just opposite of us.

09:47:10 His e-mails, basically, thanks, they look good.

09:47:16 We sent him the site plan elevations.

09:47:18 He was feign with it.

09:47:19 We also worked with Alan Johnson.

09:47:22 He's with the Westshore Palms neighborhood association.

09:47:24 We have been working with him in the past dumb of weeks.

09:47:26 The only items that he requested that we change, and we will

09:47:29 agree to, are the wood decks.

09:47:33 We did have those set back at one feet.

09:47:35 We will agree to set those back at three feet.

09:47:38 He did ask that we reduce the width of the driveway in the

09:47:42 right-of-way.

09:47:42 We will agree to do that.




09:47:43 I think we had them at 20 feet.

09:47:45 We'll drop those down to a single drive of 12 feet.

09:47:48 Then he asked for a bid from Morelandscaping on the south

09:47:51 side, the south face of the building along north "A," and we

09:47:55 have in a problem doing that as well, some palm trees and

09:47:59 shrubs.

09:47:59 He did e-mail, I believe, Abbye, a letter today, so that

09:48:03 should be in the record.

09:48:03 Any questions?

09:48:20 >>CHARLIE MIRANDA: Well, listen, if you all are going to

09:48:23 speak, we want to hear.

09:48:23 >> I'm sorry.

09:48:25 When I -- Abbye Feeley.

09:48:28 When I read Mr. Johnson's letter today and I read through,

09:48:31 the last line it says change all these things, but then it

09:48:34 says, oh, you did this and it's great.

09:48:36 So what Mr. La Rocca just testified to that he would

09:48:42 change --

09:48:44 >>CHARLIE MIRANDA: Everything but one.

09:48:45 Number one.

09:48:47 You agreed to 2 and 3 if I remember the conversation the

09:48:50 gentleman had.

09:48:51 >> From one foot to three foot.

09:48:53 And then the landscaping along the south.

09:48:58 And then the driveway is what was most concerning to me.




09:49:09 I need to have Melanie look at that for a minute because

09:49:11 staff did not look at those changes.

09:49:13 I'm sorry.

09:49:13 The way I read the letter, I thought everything was cool and

09:49:17 we kind of moved on.

09:49:18 So let me, if I can have her look at those aprons real

09:49:21 quick, then we can make sure that third modification would

09:49:24 be okay.

09:49:27 >>CHARLIE MIRANDA: Okay.

09:49:31 >>LISA MONTELIONE: Abbye, all these things would have to be

09:49:36 entered between first and second reading so in essence, Mr.

09:49:41 Johnson's letter would become your revision sheet?

09:49:44 >> Oh, sorry.

09:49:46 I mean, I think we can read those things into the record

09:49:49 like we normally would if we had some modifications

09:49:52 versus -- or I can just review that letter real quickly and

09:49:56 make sure that was fine.

09:49:58 But to change the deck from a one-foot setback along the

09:50:03 east to a three-foot setback to include landscaping along

09:50:06 the southern property line boundary and then modification to

09:50:11 the driveway if that's okay for transportation.

09:50:13 I don't want them to put in anything that's not going to be

09:50:15 okay with them and then we work something out.

09:50:20 Sorry for the inconvenience.

09:50:23 >>YVONNE CAPIN: I drove by this property today, this one




09:50:37 here, Westshore Palms.

09:50:40 The one we are looking at now.

09:50:43 And the property next to it is a four-unit.

09:50:50 But they are in a corner just like this and two units face

09:50:53 one street and two units face the other street.

09:50:56 So they are not all facing one street.

09:50:59 >>ABBYE FEELEY: Land development.

09:51:05 They are using a combination of a structured garage and a

09:51:07 two-space apron to meet the required parking for the unit

09:51:11 plus the deck.

09:51:12 This modification was such that parking would not be

09:51:14 required so staff would not recommend that that modification

09:51:17 be made.

09:51:17 We would say they should remain the way they are to provide

09:51:23 adequate parking.

09:51:25 >>CHARLIE MIRANDA: Okay.

09:51:28 Anyone in the audience care to speak to them item, number 7,

09:51:34 Z-12-57?

09:51:35 Council, any further questions by council members?

09:51:37 >> Move to close.

09:51:41 >>CHARLIE MIRANDA: A closing statement would you like to

09:51:42 make, sir?

09:51:43 >> We'll just agree to leave the drawings the way they are.

09:51:48 I will discuss it with Mr. Johnson and we'll certainly try

09:51:51 to come up with an agreement that works for him, some




09:51:54 additional landscaping, to make sure that -- we are here to

09:51:56 be good neighbors.

09:51:57 We'll certainly make an attempt.

09:52:02 >>CHARLIE MIRANDA: Thank you very much.

09:52:02 >> Motion to close.

09:52:05 >>CHARLIE MIRANDA: Motion to close by Mrs. Montelione, I

09:52:06 believe seconded by Mr. Suarez.

09:52:08 All in favor of the motion indicate by saying aye.

09:52:11 Opposed nay.

09:52:11 The Ayes eyes have it unanimously.

09:52:13 Who wants to read the ordinance?

09:52:25 >>YVONNE CAPIN: An ordinance rezoning property in the

09:52:26 general vicinity of 4521 West North "A" street in the city

09:52:32 of Tampa, Florida and more particularly described in section

09:52:35 1 from zoning district classifications PD, planned

09:52:39 development, residential, two-family, to PD, planned

09:52:42 development, residential, single-family, semi-detached,

09:52:45 providing an effective date.

09:52:45 >> Second.

09:52:47 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin for a

09:52:49 property. I have a second by Mr. Suarez.

09:52:54 All in favor of the motion say aye.

09:52:56 Opposed nay.

09:52:57 The ayes have it unanimously.

09:52:58 >>THE CLERK: Motion carried with Mulhern being absent at




09:53:02 vote.

09:53:02 Second reading and adoption will be on February 7th at

09:53:05 9:30 a.m.

09:53:07 >>CHARLIE MIRANDA: Thank you all.

09:53:07 Item number 8.

09:53:08 >>ABBYE FEELEY: Land development.

09:53:14 Item number 8 is Z-12-58.

09:53:17 It is located at 9532, 9534, 9560 North Florida Avenue, and

09:53:25 the request is from CI commercial intensive to PD, planned

09:53:28 development, vehicle sales and leasing, and vehicle repair.

09:53:45 >> David Hey with your Planning Commission staff and I have

09:53:49 been sworn.

09:53:51 We move onto our first case tonight, university, the

09:53:57 planning area.

09:53:58 It getting late.

09:53:58 The subject site is located at the southwest corner of west

09:54:01 Linebaugh Avenue and North Florida Avenue.

09:54:04 North Florida Avenue is designated as a transit emphasis

09:54:07 corridor.

09:54:11 Onto the aerial as usual, you can see the subject site in

09:54:14 the center of the map.

09:54:15 You can also see the predominant single-family pattern

09:54:19 directly west of the subject site.

09:54:21 You can see the commercial uses lining Florida Avenue, and

09:54:25 also see the redeemer into parochial school in the upper




09:54:30 right of the aerial.

09:54:35 Next we move onto the future land use map.

09:54:37 The subject site in property is directly to the north, south

09:54:40 and east designated as community commercial 35, property to

09:54:44 the west of the subject site across North Tampa Street are

09:54:48 planned at residential 10.

09:54:50 Planning Commission staff found the proposed rezoning is

09:54:52 comparable to the existing and planned development patterns

09:54:54 envision Ford this portion of Florida Avenue.

09:54:57 The rezoning would allow for the redevelopment and expansion

09:54:59 of an existing business along a major north-south corridor,

09:55:03 while also improving the screening and buffering between the

09:55:06 subject site and the residential along the west side of

09:55:09 North Tampa Street.

09:55:10 Based on all that, the Planning Commission staff find the

09:55:12 rezoning request consistent with the Tampa comprehensive

09:55:14 plan.

09:55:14 >>ABBYE FEELEY: Thank you.

09:55:26 The request before you tonight is from CI to PD for vehicle

09:55:31 staffing leasing, vehicle repair minor, and to obtain access

09:55:34 to a local street, North Tampa Street.

09:55:38 The site is currently the vehicle sales and leasing, allows

09:55:43 for minor vehicle repairs, CI, the most intensive zoning

09:55:46 district we have, in our commercial district for the city.

09:55:51 However, when you demolish a structure and you seek the to




09:55:57 redevelop that structure, you lose the nonconforming parts

09:56:00 of that.

09:56:01 And what that is before you tonight is the access on North

09:56:04 Tampa Street.

09:56:06 Per our review, solid waste does require one of the accesses

09:56:11 on North Tampa Street in order to be able to service the

09:56:14 site for refuge.

09:56:18 However the access is for access on Tampa street, and that

09:56:22 is one of the waivers that is before you this evening.

09:56:28 There are eight associated waivers with this request.

09:56:31 I would like to briefly go through those.

09:56:33 The first is to reduce the required parking from 147 spaces

09:56:38 to 118 spaces.

09:56:40 Second the S to allow commercial access to a local street

09:56:43 which I just mentioned.

09:56:44 The third is reduce the loading berth from four to one.

09:56:50 The fourth and fifth are nonconforming signs.

09:56:54 There's a free standing sign out there now, 182 square feet

09:56:58 of copy area per space.

09:57:00 Code allows 140 per space.

09:57:03 There's a request to allow increase and also increase in the

09:57:09 height.

09:57:09 At the current setback, it would be allowed 20 feet in

09:57:13 height, and it is at 35 feet in height.

09:57:19 The sixth is to increase the number of wall signs.




09:57:21 They would get wall signs on the north and east.

09:57:24 They are asking to increase from the two allowed to seven,

09:57:30 six along Florida and one on the north, and this would be

09:57:33 based on the allowable copy area.

09:57:35 They are not asking to increase the area because they have a

09:57:42 lot of frontage but would be able to disburse those among

09:57:45 signs and those are shown on the elevation.

09:57:48 However, the elevation is a schematic.

09:57:49 It's not an alternative signage plan so there are not seven

09:57:54 signs that you can see.

09:57:55 If it's the pleasure of council to allow for that waiver we

09:57:58 can ask the alternative signage to be added between first

09:58:01 and second reading.

09:58:04 Number 7 is to allow for more than ten consecutive parking

09:58:07 spaces, without an island, while maintaining an average of

09:58:12 one island per ten spaces.

09:58:17 Landscape code provision.

09:58:18 The last is to reduce a portion of the internal buffer from

09:58:22 8-foot to 2-foot.

09:58:23 I can show you that on the site plan.

09:58:24 The small section along the western boundary.

09:58:26 And it is internal to the site.

09:58:29 Because there is a fence being proposed, a wall being

09:58:35 proposed, I'm sorry, along the western boundaries.

09:58:39 Those waivers -- this is a 5.35-acre site, located at the




09:58:45 southwest intersection of Florida and Linebaugh, as David

09:58:48 just showed you, on future land use map.

09:58:51 There are gas stations on three of the four corners.

09:58:54 This is the remaining corner.

09:58:57 It is boarded by Tampa street to the west, Linebaugh to the

09:59:00 north, Florida to the east, and Floriland a little further

09:59:04 to the south.

09:59:05 There's single-family residential along West Tampa street.

09:59:10 I'll show you some pictures of that.

09:59:12 The existing commercial building on the property was

09:59:14 constructed in 1955 with renovations and modifications since

09:59:18 its initial construction.

09:59:20 The entire property is currently zoned CI.

09:59:23 Which allows for the requested use of vehicle sales and

09:59:27 leasing and minor vehicle repair.

09:59:30 However, as I mentioned to you when they would seek to

09:59:32 develop this site the demolition of the existing showroom

09:59:35 they would lose that access on the local street which is one

09:59:38 of their requests before you this evening.

09:59:39 The proposed setbacks are as follows: North ten foot, south

09:59:44 zero foot, adjacent to other commercial, west ten foot and

09:59:47 east ten foot.

09:59:48 Maximum building height proposed at 29 feet, and elevations

09:59:51 have been provided.

09:59:53 Go ahead and show you some pictures of the site.




09:59:56 The zoning atlas and then we can go over staff findings in

10:00:00 response to the request.

10:00:03 The site shown in green, Florida to the east, Tampa to the

10:00:09 west, Linebaugh to the north, Floriland to the south.

10:00:13 You will see CI.

10:00:14 This is all CI zoning, commercial intensive, commercial

10:00:17 intensive to the north.

10:00:18 Just to the west is CG.

10:00:20 I'll show you there's a Bank of America, farm store, gas

10:00:24 station, gas station, gas station, mix of commercial uses

10:00:27 along this corridor.

10:00:30 Here again is the aerial.

10:00:46 If I may, there's a five acre site, the large site.

10:00:51 I am going to work my way down, show you the car dealership

10:00:57 side of the property, then work my way back up and coming

10:01:00 back around onto Florida, just to give you a little bit of

10:01:03 orientation about which way I'm going.

10:01:11 Best bite northwest corner.

10:01:14 That is the Florida elevation.

10:01:21 Starting with the site, here is another site shot from

10:01:23 Florida.

10:01:24 Sorry.

10:01:27 This is the south portion of the site.

10:01:30 And this is just south of the site, commercial use.

10:01:38 This is the northwest corner.




10:01:41 This is the southeast corner.

10:01:44 The northeast corner.

10:01:46 Here is looking south on Tampa street.

10:01:47 The dealership is on my left.

10:01:52 These are some of the existing structures that are there.

10:01:57 Car display area.

10:01:58 Right now you will see there's a chain link fence.

10:02:00 That is being proposed to be replaced.

10:02:07 The wall, sliding gate.

10:02:10 And this is the back of that commercial building at the

10:02:13 corner of Floriland, Tampa and Florida.

10:02:21 The southeast corner of Floriland and Tampa.

10:02:26 This is the west side of Tampa street at Floriland, now

10:02:30 moving north, back toward Linebaugh.

10:02:33 All of the houses with the exception of two face Tampa.

10:02:40 So they are actually oriented east-west, not north-south

10:02:44 onto the on the side.

10:02:45 They are oriented toward Tampa with their front doors, and

10:02:49 driveways on Tampa.

10:02:52 Still moving north.

10:02:59 Quite a long stretch.

10:03:01 Still moving north.

10:03:03 Here is one that faces north-south, as we are getting closer

10:03:08 to Linebaugh.

10:03:08 This is at the corner of Linebaugh.




10:03:11 The garage faces Tampa.

10:03:13 And the front of the structure faces Linebaugh.

10:03:15 As I mentioned the north side of Linebaugh, this is the

10:03:19 Tampa street intersection.

10:03:24 There is an access to the Bank of America.

10:03:27 Farm store.

10:03:29 Car wash.

10:03:29 And again that gas station.

10:03:34 There is a look west on Linebaugh.

10:03:36 And now the east side of Florida.

10:03:39 Gas station.

10:03:40 Commercial.

10:03:42 Other car dealerships.

10:03:43 And I guess what's now currently the old one has been moved,

10:03:54 or has moved.

10:03:55 Lastly, I do want to show you a picture of the sign that's

10:03:59 being requested to -- waivers are being requested to the

10:04:05 nonconforming status, make it a conforming sign.

10:04:08 There is already electronic copy area, and I will talk about

10:04:13 this a little further in detail.

10:04:15 The one objection that land development, or finding that

10:04:19 land development has, is that the requested sign waivers is

10:04:24 that nonconforming sign.

10:04:26 Nonconformity or the reason for nonconformity is we don't

10:04:31 want them to continue to exist.




10:04:33 What I have brought to your attention is that the purpose of

10:04:35 the sign code speaks that our standard of our sign code are

10:04:39 designed to protect and promote the health, safety and

10:04:42 welfare of persons within the city by providing regulations

10:04:45 which allow and encourage the effectiveness and flexibility

10:04:50 in the design of such devices while promoting traffic

10:04:53 safety, and avoiding an environment that encourages visual

10:04:57 blight.

10:04:58 The existing nonconform sign is substantially larger in copy

10:05:03 area, almost double, because ours is 100 square foot of face

10:05:07 is the maximum.

10:05:07 This is 182 square foot of face.

10:05:11 And taller in height than permissible by code.

10:05:14 This is at 35 feet.

10:05:16 The intent of our code is to eliminate nonconforming signs

10:05:19 within the city.

10:05:20 The proposed waivers would make it conforming, and therefore

10:05:24 allowing that the whole thing should go to electronic copy

10:05:28 area if it is then a conforming sign.

10:05:31 Staff recommends that the waivers related to the free

10:05:34 standing sign are removed, the sign becomes nonconforming

10:05:37 sign, it can continue that way, it does not have to be

10:05:41 removed until it is either destroyed, removed or determined

10:05:44 no longer to be a viable structure.

10:05:48 Natural resources had some site plan modifications that they




10:05:52 also wanted related to the off-site grand tree on the south.

10:05:58 And the two right-of-way trees.

10:06:00 They also had a notation.

10:06:04 Transportation has an inconsistent finding.

10:06:13 Solid waste need one of those accesses for refuse and would

10:06:18 use it as out only.

10:06:19 What is being proposed is two exits.

10:06:30 In addition there were some comments made by transportation

10:06:32 to revise the number of provided parking spaces, not

10:06:36 counting --

10:06:37 >>CHARLIE MIRANDA: Ms. Mulhern.

10:06:38 >> Not counting those in the valet area.

10:06:44 The valet area has like all these in there and that's not

10:06:50 typically how we allow for parking.

10:06:53 It is valet.

10:06:54 So we are going to remove that, and they can ask for a

10:06:57 waiver.

10:07:00 Those spaces don't meet code but since they are valet it

10:07:02 appears there is some justification for the waiver, the

10:07:06 30-some spaces.

10:07:08 It's a 19.7% reduction.

10:07:10 So I don't believe staff is as concerned about that, and

10:07:17 solid waste does need some things added to the site plan as

10:07:20 well.

10:07:20 >>MARY MULHERN: I'm sorry, I didn't mean to interrupt you.




10:07:27 You were on a roll there.

10:07:28 I wanted to go back to your sign recommendations.

10:07:30 I'm looking at the staff reports.

10:07:32 So are you recommending you remove both of the sign waivers?

10:07:37 One of them is the height, number 5, waiver number 5 is the

10:07:41 height, waiver number 6 is --

10:07:47 >> It's 4 and 5.

10:07:50 Wall signs --

10:07:51 >>MARY MULHERN: 4, 5 and 6.

10:07:53 >>ABBYE FEELEY: What code a allows is one wall sign, and

10:07:59 you will see on the elevations they have signs for the

10:08:02 service center and signs -- they get a lot of copy area.

10:08:06 And they could almost design the signs where they make that

10:08:11 recollection tangle around it and make the copy area.

10:08:14 What they are asking for is just to divvy up that square

10:08:17 footage into seven signs, on the walls of the building.

10:08:20 >>MARY MULHERN: Society you don't have --

10:08:22 >> I don't have a problem with that.

10:08:24 The nonconforming free standing that I showed you the

10:08:27 picture of, that's.

10:08:34 >>CHARLIE MIRANDA: "other comments by council members?

10:08:37 >>LISA MONTELIONE: If anybody has ever driven down -- and

10:08:45 I'm sure we all have driven down this stretch of Florida

10:08:50 Avenue.

10:08:51 It is all car dealerships, pretty much.




10:08:56 With the exception of a couple of other businesses.

10:08:58 But it's all car dealerships.

10:09:01 And it's kind of a unique spot in Tampa, just somebody down

10:09:04 that street, well, this is the place that you come to buy a

10:09:09 car, you don't even have to travel very far to comparison

10:09:12 shop.

10:09:12 So it is what it is.

10:09:14 And I believ