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Tampa City Council

Thursday, June 13, 2013

6:00 p.m. session

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06:02:33 [Sounding gavel]

06:02:46 >>CHARLIE MIRANDA: City Council is called to order.

06:02:47 Roll call.

06:02:51 >>MIKE SUAREZ: Here.

06:02:56 >>YVONNE CAPIN: Here.

06:02:58 >>CHARLIE MIRANDA: Here.

06:02:59 >>HARRY COHEN: Here.

06:03:01 >>CHARLIE MIRANDA: I believe the City Council attorney has

06:03:02 three resolutions for us.

06:03:04 >>MARTIN SHELBY: Pursuant to council's actions last week, I

06:03:07 proposed resolutions ratifying your action, appointing Kate

06:03:13 O'Dowd, McGinty to the enterprise development agency, and

06:03:23 Roberto Sanchez to serve on the advisory committee.

06:03:26 I ask you to move those resolutions.

06:03:28 >> So moved.

06:03:29 >>CHARLIE MIRANDA: Motion by Mr. Cohen, seconded by Mrs.

06:03:33 Montelione.

06:03:33 All in favor?

06:03:34 Opposed?

06:03:35 Passes unanimously.

06:03:36 >> And Mr. Shelby, it's Cormier.

06:03:44 >>CHARLIE MIRANDA: Used to be a pitcher for the St. Louis

06:03:46 cardinals.

06:03:50 [ Laughter ]

06:03:50 >> I appreciate that.

06:03:51 >> Public hearing number 1.

06:03:53 Abbye, any items on the agenda?

06:03:55 >> Good evening.

06:03:58 Abbye Feeley.

06:04:00 Item one on the agenda this evening needs to be reset to

06:04:03 July 25th.

06:04:12 >>CHARLIE MIRANDA: 25th.

06:04:13 >>ABBYE FEELEY: At 6:00, please.

06:04:16 >>CHARLIE MIRANDA: Anyone here that wants to speak on the

06:04:21 item number 1 for the reset from today to July 25th,

06:04:24 that's what we are going to speak on only.

06:04:26 I see no one.

06:04:28 We need to open the hearings.

06:04:29 Items 1 through 12.




06:04:31 >> So moved.

06:04:33 >> Second.

06:04:34 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

06:04:37 Second by Mr. Cohen.

06:04:39 All in favor of the motion please indicate by saying aye.

06:04:43 Opposed?

06:04:43 The ayes have it.

06:04:45 Number -- yes, sir?

06:04:49 >>ABBYE FEELEY: They added an additional use to the plan

06:04:56 that was not part of what is currently on council's agenda.

06:04:59 I can reset it administratively on Monday with my aide, if

06:05:03 you wanted to.

06:05:04 That's fine.

06:05:04 >>MARTIN SHELBY: No, it's that it is a reset and they will

06:05:09 be renoticing.

06:05:11 >> They have renoticed already.

06:05:13 >>MARTIN SHELBY: Thank you.

06:05:15 >>ABBYE FEELEY: Item 12, V-1250, I have a letter from Mr.

06:05:19 David Williams requesting that that item be pulled from

06:05:23 council's agenda to be reset at a later date.

06:05:26 That date has not been determined as of yet.

06:05:28 So if you could do that, Mr. Williams is here as well.

06:05:33 >>CHARLIE MIRANDA: Okay.

06:05:33 Mr. Williams?

06:05:35 >>MARTIN SHELBY: This is number 12?




06:05:37 >>CHARLIE MIRANDA: 12.

06:05:37 We are just cleaning the agenda before we start.

06:05:39 >>THE CLERK: There was no motion on the first item to

06:05:44 reschedule.

06:05:44 >>LISA MONTELIONE: Mr. Suarez.

06:05:51 >>THE CLERK: That was to open the hearings.

06:05:54 >>CHARLIE MIRANDA: Please let me run the hearing and then

06:05:56 I'll take a vacation for about a week and a half.

06:06:00 Number 12.

06:06:00 >> David Williams, 201 North Franklin Street on behalf of

06:06:05 St. Johns.

06:06:06 We are here to ask to withdraw this rezoning application

06:06:10 from the agenda today, and then reset it at a later date, at

06:06:14 which time we would also renotice --

06:06:24 >>CHARLIE MIRANDA: I understand, I believe.

06:06:26 >>ABBYE FEELEY: Don't withdraw the application.

06:06:29 Just remove it from the agenda this evening, please.

06:06:32 >>CHARLIE MIRANDA: I need a motion to reset it for what

06:06:34 date?

06:06:34 What date do we have?

06:06:36 >>MIKE SUAREZ: Remove item 12 to be reset at a later date.

06:06:44 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

06:06:45 Seconded by Ms. Montelione.

06:06:48 Anyone in the audience care to speak about the resetting of

06:06:51 item number 12?




06:06:53 I see no one.

06:06:55 All in favor of that motion please indicate by saying aye.

06:06:58 Opposed nay.

06:06:59 Motion passes unanimously.

06:07:01 Item number 1.

06:07:02 I need to reset that to July 25th at 6:00 p.m.

06:07:05 >> So moved.

06:07:07 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by Mrs.

06:07:09 Capin.

06:07:10 All in favor of the motion?

06:07:11 Opposed?

06:07:12 The ayes have it unanimously.

06:07:14 Okay.

06:07:14 We go to -- yes, ma'am?

06:07:25 >> I walked in a little late.

06:07:26 Oh, one is the one we removed?

06:07:29 >>CHARLIE MIRANDA: They were both continued.

06:07:31 Both continued and then reset that they want a future date.

06:07:34 One has H some changes on it.

06:07:37 Number one evidently the same way.

06:07:41 Okay.

06:07:42 Now, we haven't heard any testimony yet so there's no need

06:07:47 to swear in everybody.

06:07:48 So if you are going speak today on any items on 2 through

06:07:51 11, that's all of them, please.




06:07:55 >>ABBYE FEELEY: I'm sorry, I believe Mr. Grandoff would

06:07:59 like to address item number 5.

06:08:03 >>CHARLIE MIRANDA: All right.

06:08:04 Let me swear the public first.

06:08:08 All in favor -- stand up and get sworn in.

06:08:12 If you are going speak tonight you have to be sworn in.

06:08:14 These are quasi-judicial hearings and you must be sworn in.

06:08:19 If you are not sworn in you can't speak.

06:08:20 So stand up if you are going to speak.

06:08:23 (Oath administered by Clerk)

06:08:24 >>CHARLIE MIRANDA: That means 90% of you have given your

06:08:30 rights from what I see from here of not speaking.

06:08:33 So I remember each one that was sworn.

06:08:36 I won't forget.

06:08:37 All right, Mr. Grandoff.

06:08:41 >>JOHN GRANDOFF: Good evening, Mr. Chairman, members of City

06:08:43 Council.

06:08:43 And Mr. Shelby.

06:08:45 My name is John Grandoff, address suite 3700 Bank of America

06:08:49 Plaza.

06:08:51 I want to speak to you about item 5.

06:08:54 And I respectfully request that the matter be continued to a

06:08:58 date certain.

06:09:01 I have discovered that many of the colorful folks here -- in

06:09:08 the application filed.




06:09:09 I think it might be more efficient to have a meeting.

06:09:12 I have asked for a meeting with them.

06:09:15 I have not had an opportunity.

06:09:17 I think it would be a lot better for the process to do so.

06:09:20 And rather than go through an extended hearing this evening,

06:09:24 and to hear their concerns, I am once again extending the

06:09:28 hand to do that and ask that you consider the matter for

06:09:31 late they are summer.

06:09:33 >>CHARLIE MIRANDA: Let me go to the legal department because

06:09:35 this is an unusual request.

06:09:36 Yes, sir.

06:09:37 Anyone in the legal department to speak on this?

06:09:39 >>MARTIN SHELBY: If the request is for a continuance, you

06:09:45 can obviously entertain that request if council so chooses

06:09:48 and hear from the public as to whether or not you want to

06:09:52 entertain that request.

06:09:55 >>CHARLIE MIRANDA: All right.

06:09:55 On item 5, we are going to let the public speak on the

06:09:59 continuance only, not the hearing itself.

06:10:02 You can't say why you are for or against, but just a

06:10:05 continuance.

06:10:06 And the date has not been set.

06:10:08 Anyone in the public care to speak on that request for a

06:10:11 continuance from the petitioner?

06:10:13 Anyone?




06:10:20 This is what very unusual hearing the way these three

06:10:22 started.

06:10:22 >> Darlene frisky, I'm president of the Sons of Italy on

06:10:28 lemon street and we are very prepared to speak tonight.

06:10:31 We would like to speak tonight.

06:10:32 We are not in favor of changing.

06:10:38 Thank you.

06:10:40 >>CHARLIE MIRANDA: Anyone else?

06:10:41 >> My name is Cate Echevaria, president of the Oak Park

06:10:53 neighborhood association.

06:10:53 We are not in favor of a continuance. We would like to go

06:10:58 forth.

06:10:58 Thank you.

06:10:58 >> Cynthia Baluja and I am also not in favor of a

06:11:07 continuance.

06:11:08 As you can see we are here and are prepared to speak at this

06:11:11 time.

06:11:11 Thank you.

06:11:11 >> I am in disagreement, the fact they have had adequate

06:11:29 time to discuss this.

06:11:33 >>CHARLIE MIRANDA: Thank you.

06:11:34 Anyone else in the audience?

06:11:35 >> My name is Tony Scaglione, 3419 west Cass Street

06:11:48 approximately a couple blocks away from the property in

06:11:51 question.




06:11:52 I am opposed to council approving a continuance in this

06:11:57 matter.

06:11:59 >>CHARLIE MIRANDA: Thank you very much, sir.

06:12:02 Petitioner?

06:12:02 Anyone else before I go to the petitioner?

06:12:04 >> Mike Baluja, north Lincoln, Tampa, Florida 33609.

06:12:13 I'm definitely opposed to a continuance.

06:12:15 We are here gathered now.

06:12:20 >>CHARLIE MIRANDA: Anyone else in the audience?

06:12:21 Petitioner?

06:12:27 Other than what I heard, have you had the opportunity to

06:12:30 meet with the neighbors, sent out notices, have a

06:12:33 conversation with them?

06:12:35 >>JOHN GRANDOFF: Mr. Miranda, we provided a 30 day notice.

06:12:37 We posted two signs on the property.

06:12:39 I called the lady here Ms. Frisco and asked if we could

06:12:48 engage in discussion.

06:12:49 She said there's virtually nothing to talk about.

06:12:51 I'm sure they have many questions that I think could be

06:12:54 answered better, in a better forum, around a table, with

06:12:58 some dialogue rather than in this forum.

06:13:03 I just want to be efficient.

06:13:05 I'm ready to go.

06:13:08 We can have the hearing.

06:13:09 >> Let's go.




06:13:11 >>CHARLIE MIRANDA: I think the last "ready to go -- sets the

06:13:15 tone for ballgame.

06:13:17 I'm not trying to be funny or anything else.

06:13:19 What's council's pleasure?

06:13:22 Petitioner said he's ready to go so I guess he's withdrawing

06:13:25 his request.

06:13:26 >> Move forward.

06:13:27 >>CHARLIE MIRANDA: All right.

06:13:28 We are going to move forward.

06:13:29 >> I don't think we have to vote.

06:13:32 >>CHARLIE MIRANDA: I don't think we have to do anything.

06:13:34 All right.

06:13:34 Item number 2, Z-1337.

06:13:38 >>ABBYE FEELEY: Land Development Coordination.

06:13:42 Item number 2 is Z-13-37 located at 4810 Flamingo Road.

06:13:48 The request before you this evening is from an RS-60

06:13:51 residential single-family zoning district to an RM-16

06:13:54 residential multifamily zoning district.

06:13:57 Euclidean zoning request.

06:13:58 Therefore no waivers may be granted.

06:14:00 And it is not site plan controlled so there is no site plan

06:14:03 for your review at this time.

06:14:06 >>CHARLIE MIRANDA: Planning Commission?

06:14:07 >> David Hay with your Planning Commission staff.

06:14:15 I have been sworn.




06:14:16 We start off in the South Tampa planning district for this

06:14:18 first case.

06:14:20 The subject site is located west of South Westshore

06:14:23 Boulevard at 4808 Flamingo Road.

06:14:29 To the aerial the subject site is in the center of the map.

06:14:31 You can see South Westshore lying north-south across the

06:14:35 center of the aerial.

06:14:37 Those are some existing commercial use as long South

06:14:39 Westshore Boulevard.

06:14:40 The area is primarily residential in character.

06:14:43 You can see the apartment complex to the northwest of the

06:14:46 subject site and the former Georgetown apartments now vacant

06:14:49 to the south and west.

06:14:51 Family single-family detached residential predominant east

06:14:56 of southwest Boulevard.

06:14:58 To the land use map.

06:14:59 You can see the subject site and the majority of parcels

06:15:02 along Flamingo Road are all designated residential 20.

06:15:06 The apartments to the northwest and the former Georgetown

06:15:09 apartment parcels are all designated residential 35.

06:15:12 The existing commercial along Westshore Boulevard is

06:15:15 designated community mixed use 35.

06:15:18 The single-family residential east of South Westshore is

06:15:21 designated residential 10.

06:15:23 Overall Planning Commission staff found the proposed RM-16




06:15:26 zoning district comparable and compatible to the existing

06:15:30 development pattern.

06:15:30 The proposed rezoning is also consistent with the intent of

06:15:32 the residential 20 future land use category.

06:15:35 Therefore, based on all that, Planning Commission staff

06:15:38 finds the rezoning request consistent with the Tampa

06:15:40 comprehensive plan.

06:15:45 >>CHARLIE MIRANDA: Thank you, sir.

06:15:46 >>ABBYE FEELEY: Land development.

06:15:50 This is a request from RS-60 to RM-16 to allow for

06:15:54 development of single-family semi-detached dwelling,

06:15:58 semi-detached duplex style development.

06:16:01 The property is 60 by 131.98 for a total lot area of 79.19

06:16:07 square feet.

06:16:08 Minimum site requirement for the residential multifamily 16

06:16:12 is a minimum lot area of 5,000 square feet, minimum yard

06:16:16 width of 50 feet, front setback 25 feet, 7 feet for sides

06:16:21 and corners and 15 for the rear.

06:16:25 Maximum height 35 feet.

06:16:31 David just gave you a reference of where we are in the city.

06:16:35 Westshore is to the east.

06:16:37 As we go to the north as I just showed you in green,

06:16:40 immediately there is one between, and then along Westshore

06:16:44 is the Green Iguana, and there's parking for the Green

06:16:46 Iguana to the north.




06:16:48 That's the commercial general.

06:16:49 There's a mix along Flamingo, multifamily.

06:16:55 We are going to show you pictures.

06:16:56 The request is to allow for redevelopment on this site.

06:17:01 There's the aerial David showed you.

06:17:07 The picture of the site as I mentioned is the corner of

06:17:16 Westshore and Flamingo.

06:17:18 Now moving west along Flamingo toward the subject property.

06:17:26 This is the other parcel that's currently in joint

06:17:29 ownership.

06:17:32 The property to the west of the subject site.

06:17:45 This is also on the south side.

06:17:48 On the north side.

06:17:49 Moving back toward Westshore.

06:17:51 There is the mix of single-family and intersection of

06:17:56 Westshore and Flamingo on the north side is additional

06:17:59 parking for Green Iguana.

06:18:02 The request before you tonight has met all minimum standards

06:18:05 for the RM-16.

06:18:06 Staff did find the request consistent.

06:18:08 >> Thank you very much.

06:18:10 Petitioner?

06:18:10 >> For the record, my name is Timothy H. Powe, with THP

06:18:17 Companies, Post Office Box 1016 Tampa, Florida 33601 and I

06:18:25 have been sworn in.




06:18:26 I'm representing applicant, Shimberg Homes.

06:18:28 As mentioned in the staff presentation, and staff resort is

06:18:33 to RM 16, and is to allow for the redevelopment of the

06:18:38 property from existing -- the existing multifamily units on

06:18:44 the property to allow for the development and sales of

06:18:49 semi-detached dwelling on a 60 by 131.98 lot that's 7,919

06:18:59 square feet.

06:19:01 The development of the parcel is in conjunction with lot 2

06:19:05 which is adjacent to the east, which is zoned CG and will be

06:19:10 developed with a similar dwelling.

06:19:15 The lot 3 will meet the city's Land Development Code

06:19:18 requirements at the time of permitting.

06:19:20 The property is in the R-20 future land use designation

06:19:23 which allows for consideration of the RM-16 zoning district.

06:19:27 As noted there are various housing choices along Flamingo

06:19:30 Road including a multifamily residential development

06:19:33 directly to the north of the subject property which is zones

06:19:37 zoned RM-24.

06:19:38 Finally there are several townhouse developments to the west

06:19:41 along Flamingo Road and I'll show you some photographs.

06:19:50 That's directly across the street from the subject property.

06:19:54 This is further to the west of the property on the north

06:19:57 side of Flamingo.

06:19:59 That's even further west along the north side of Flamingo.

06:20:03 And this is down at the end of Flamingo.




06:20:10 Development review staff and Planning Commission staff have

06:20:12 found rezoning request consistent with the City of Tampa and

06:20:16 Land Development Code and the comprehensive plan.

06:20:19 In conclusion, we have put a thorough and professional

06:20:23 submittal packaging requirement with the city's Land

06:20:25 Development Code requirements.

06:20:27 Our efforts are reflected in the staff finding of

06:20:29 consistency.

06:20:30 We noticed that surrounding neighbors, we received one call

06:20:33 from an adjoining property owner of Mr. Shawn Donnelly, he

06:20:40 was referred to Shimberg homes who related to me that after

06:20:42 the discussion he was satisfied, had no further concerns,

06:20:45 and based on the above I respectfully request you grant our

06:20:48 request for the rezoning.

06:20:50 I'm available to answer any questions.

06:20:52 >>CHARLIE MIRANDA: Any questions at this time by council

06:20:53 members?

06:20:56 Anyone in the audience care to speak on item number 2?

06:21:00 Item number 2?

06:21:01 That's Z-13-37.

06:21:03 I see no one.

06:21:04 >>FRANK REDDICK: Move to close.

06:21:08 >>CHARLIE MIRANDA: You have rebuttal if you want it.

06:21:10 I have a motion to close by Mr. Reddick.

06:21:12 Seconded by Mr. Cohen.




06:21:13 All in favor of the motion, motion made by Reddick and

06:21:19 Cohen.

06:21:20 Please signify by saying aye.

06:21:22 Motion passed unanimously.

06:21:24 Mr. Suarez, would you kindly take public hearing notice

06:21:26 Z-13-37?

06:21:28 >>MIKE SUAREZ: I present an ordinance for first reading

06:21:34 consideration, an ordinance rezoning property in the general

06:21:37 vicinity of 4810 Flamingo Road in the city of Tampa, Florida

06:21:42 and more particularly described in section 1 from zoning

06:21:44 district classification RS-60, residential single-family to

06:21:48 RM-16 residential multifamily providing an effective date.

06:21:56 >>CHARLIE MIRANDA: Motion by Mr. Suarez.

06:21:57 Seconded by Mr. Reddick.

06:21:58 All in favor of the motion indicate by saying aye.

06:22:01 Opposed nay.

06:22:01 Motion passed unanimously.

06:22:03 Second reading?

06:22:04 >>THE CLERK: Motion carried unanimously.

06:22:06 Second reading and adoption will be on June 27th at

06:22:09 93:06 a.m.

06:22:14 >>CHARLIE MIRANDA: Item number 3.

06:22:15 Yes, ma'am.

06:22:15 >>ABBYE FEELEY: Land Development Coordination.

06:22:18 Item number 3 is a special use request for place of




06:22:21 religious assembly.

06:22:22 This is located at 2613, 2615, 2619, 2621 and 2622 Chipco

06:22:30 street and 3420 north 28th street.

06:22:33 What you are getting right now is a revised staff report.

06:22:35 I do apologize for.

06:22:37 That the one I tried to quickly get to you in order to

06:22:40 assist the church in moving forward this evening did not

06:22:42 have the requested revision sheet.

06:22:45 So the revision sheet is located in that report on page 10,

06:22:49 so that you have that document as requested per your

06:22:52 previous workshop.

06:22:54 So you should have that document now.

06:22:55 I do apologize for that again.

06:22:57 I was trying to assist the church in being able to move

06:23:00 forward tonight.

06:23:01 So the request before you tonight is place of religious

06:23:04 assembly, various addresses on Chipco and north 28th

06:23:08 street.

06:23:08 >>David Hay: David Hay with your Planning Commission staff.

06:23:17 I have been sworn.

06:23:18 We stay in the central Tampa planning district for this next

06:23:22 case.

06:23:23 It's in the vicinity of the intersection of Chipco street

06:23:26 and north 28th street in the East Tampa urban village.

06:23:33 We have the aerial.




06:23:34 You can see the subject site in the center of the map.

06:23:36 You can also see the area is predominantly single-family

06:23:41 detached residential.

06:23:42 Development pattern with scattered vacant lots.

06:23:48 Onto the future land use map, the subject site and property

06:23:51 surrounding it are all designated residential 20.

06:23:54 The pinkish color to the northeast is some community mixed

06:23:58 use 35.

06:23:59 Overall planning cities staff found the proposed special use

06:24:01 was consistent with a number of policies regarding makeup,

06:24:05 character and redevelopment.

06:24:06 Therefore Planning Commission staff finds the proposed

06:24:08 special use request consistent with the Tampa comprehensive

06:24:10 plan.

06:24:19 >>ABBYE FEELEY: The request before you tonight is actually

06:24:21 to construct a fellowship hall on an existing place of

06:24:25 religious assembly at a church that was constructed back in

06:24:29 1977.

06:24:31 I have been working with Mr. Padgett, and the group on this

06:24:36 application.

06:24:37 There's currently a 4,176 square foot sanctuary there, has

06:24:42 166 feet.

06:24:43 Dy find that it received a board of adjustment approval back

06:24:47 in 1975 for a parking waiver and also for a rear yard

06:24:51 reduction on the property.




06:24:54 So those are actually reflected on the special use today.

06:24:58 What is coming before you tonight as I mentioned was to

06:25:00 build a fellowship hall.

06:25:06 There are several places of religious assembly right in the

06:25:11 vicinity.

06:25:12 This property shown here is two pieces.

06:25:15 The north piece on Chipco and a few south of Chipco where

06:25:18 the existing sanctuary is now.

06:25:22 When we have places of religious assembly that have land in

06:25:26 common ownership, we do ask when they do their special use

06:25:29 that we bring all of that in.

06:25:31 So it's not unique, that it's separated by the street like

06:25:36 that.

06:25:36 It's all RM-16.

06:25:38 There's actually another locate church located at the

06:25:40 intersection of 27th and 28th.

06:25:44 There's currently single-family residential.

06:25:47 There's commercial uses along 26th.

06:25:51 I'll show you some photos of that.

06:25:56 Again the aerial you can see there, they are requesting

06:26:02 grass parking before you.

06:26:03 There are some large-specimen trees on the site.

06:26:08 The fellowship hall is proposed to be over to the west side

06:26:12 of the existing sanctuary.

06:26:19 I will show you some photos of this site.




06:26:24 This is from Chipco.

06:26:30 The east toward 28th.

06:26:35 This is the east side.

06:26:37 This is the west side of the building where the fellowship

06:26:40 hall would go.

06:26:42 Also the west side.

06:26:43 Now moving back west.

06:26:47 Looking back.

06:26:48 Single-family residential to the west.

06:26:53 On the east of the site moving towards 26th is the grass

06:26:57 parking area currently.

06:27:03 This is at the corner of 28th of the sorry about that.

06:27:07 This is from 28th looking back west towards the existing

06:27:11 sanctuary.

06:27:13 Another shot of that moving south on 28th.

06:27:19 This is the place of religious assembly I was just referring

06:27:23 to at the other intersection.

06:27:26 Another shot of that.

06:27:29 This is on the east side of 28th.

06:27:32 So this area in here that's currently vacant.

06:27:38 Looking back across towards 29th street.

06:27:43 This is the northeast corner of Chipco and 28th.

06:27:46 And now what I am going to do is I am actually going to take

06:27:48 you back down Chipco towards 26th.

06:27:55 So this is the north side.




06:27:58 This is the vacant pieces that are part of the special use

06:28:02 application for additional parking.

06:28:08 Some additional single-family residential.

06:28:22 What we are doing with this application moving forward

06:28:24 tonight is on the required buffers -- the required buffers

06:28:35 on the east both for the north parking area and for the

06:28:40 south parking area is not being satisfied.

06:28:45 That could not be waived for special use. So in my report I

06:28:49 am asking them to go ahead and take those parking spaces

06:28:52 off, and request a waiver for the deficiency which would be

06:28:57 from 50 spaces to 35 spaces.

06:29:00 That reflects the removal of those spaces in order to take

06:29:05 care of the buffering.

06:29:07 There are six waivers that they are asking for tonight.

06:29:10 One I already mentioned which was to allow for grass

06:29:12 parking.

06:29:12 The other is to allow for access to a local street, east

06:29:16 Chipco.

06:29:16 They already have access on east Chipco.

06:29:19 The third is to reduce the required front yard from 25 to 10

06:29:23 feet and the rear yard from 40 to 7.5 feet.

06:29:27 As I mentioned, those are to the existing structure that was

06:29:31 previously constructed in 1977, and the proposed fellowship

06:29:35 hall will be in line with where those walls are now.

06:29:40 The fourth is to reduce the drive aisle from 24 feet to 21




06:29:44 feet.

06:29:44 The fifth is to allow for 94% compact spaces.

06:29:48 And the last one, the one I just mentioned to you, would be

06:29:51 reduce the required parking from 50 spaces to 35 spaces in

06:29:54 order to handle that, the buffer on the east.

06:30:04 There are a few other comments that are being offered by

06:30:07 natural resources for site plan modifications in between

06:30:11 first and second reading and then also a tree table.

06:30:14 Those have been provided as I mentioned on page 10 of your

06:30:17 staff report and reflect all modifications that would be

06:30:20 required in between first and second reading.

06:30:23 If those changes are made, staff does find the request

06:30:25 consistent.

06:30:26 We are available for any questions.

06:30:33 >>CHARLIE MIRANDA: There's a lot of good citizens, has

06:30:36 provided the Mascotte room to be opened with television so

06:30:38 if you want to go down and sit in that room you are

06:30:40 certainly entitled to that.

06:30:42 The Mascotte room is downstairs on the first floor, just to

06:30:45 the right part of the elevator.

06:30:49 Okay.

06:30:49 Petitioner.

06:30:51 And I apologize.

06:30:54 I had every intention of moving this up, but I have been

06:30:57 stuck in neutral for a while.




06:31:02 >> Good evening.

06:31:04 Council members.

06:31:05 My name is massesome contractors, 1465 Tampa park plaza,

06:31:13 Tampa, Florida.

06:31:14 I am here with reverend Cruz and with the chairman of the

06:31:22 trustee.

06:31:23 And what we are attempting to do, not add any additional

06:31:26 seating but just put a fellowship hall there, et cetera, and

06:31:34 as far as parking, they are there for residential, and what

06:31:41 we are going to do is make sure they are legal in our

06:31:44 parking, and we want to make sure that everything is going

06:31:47 fine.

06:31:48 If you have any questions, I am open for questions if you

06:31:52 have any.

06:31:54 >>CHARLIE MIRANDA: Thank you.

06:31:55 Care to speak?

06:31:56 Mr. Padgett?

06:31:57 >> I'm Ruben Padgett.

06:31:59 First, good afternoon, chairman and council members.

06:32:03 I'm Ruben Padgett, 1611-33rd Avenue, Tampa, Florida.

06:32:09 And I am here just to give support to the contractor who is

06:32:15 going to build this, and offer whatever assistance I can.

06:32:21 I would like to thank them for working with me, and

06:32:26 answering my questions, and doing what we felt we needed to

06:32:31 do to get this done.




06:32:34 And if you need to ask any more questions about the

06:32:38 building, I think you have to talk to the architect.

06:32:45 Thank you.

06:32:45 >>CHARLIE MIRANDA: Thank you, Mr. Commissioner.

06:32:46 >> Oh, one more thing before our pastor comes to speak.

06:32:52 This hall is so important to me.

06:32:58 Since I have been there, we have gotten triple the amount of

06:33:02 young people.

06:33:04 And when I go to church on Sundays and I'm just so thankful

06:33:09 for him, because we didn't have that type of relationship

06:33:12 with the young people that we had.

06:33:14 And I feel so proud of what we are doing and what where we

06:33:18 are headed.

06:33:20 And I just want to say that openly.

06:33:21 >> I'm pastor Cruz, African Methodist church in the City of

06:33:28 Tampa.

06:33:30 Good evening to each and every one.

06:33:32 It's a privilege to be here and I'm thankful that you will

06:33:34 take into consideration because we are doing research and

06:33:37 trying to bring young people from the community and

06:33:42 establishments to develop them to be better citizens for

06:33:45 Tampa, Florida and this is so important.

06:33:52 It is very significant, if you will consider what we are

06:33:55 trying to do, and we will be able to do more in the

06:33:57 community and reach out as well, and do some things in that




06:34:05 department, and I would appreciate it so very much if you

06:34:08 would take this into consideration, and I thank you for

06:34:10 doing it.

06:34:12 >>CHARLIE MIRANDA: Thank you very much.

06:34:12 Mr. Reddick?

06:34:13 >>FRANK REDDICK: Thank you, Mr. Chair.

06:34:20 You have agreed to the requirements that staff men'sed?

06:34:24 >> Yes.

06:34:26 The recommendations as far as the parking concerns, reducing

06:34:29 from 56, I think the number is, to 35.

06:34:32 And we agree to that.

06:34:33 >>FRANK REDDICK: Thank you.

06:34:36 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

06:34:38 item number 3?

06:34:42 V-13-04.

06:34:44 Item number 3.

06:34:46 V-13-04.

06:34:47 I see none.

06:34:48 I have a motion to close by Mr. Reddick.

06:34:50 Second by Mrs. Capin.

06:34:52 All in favor?

06:34:53 Opposed nay?

06:34:59 Motion passed.

06:35:03 Yes, sir?

06:35:04 >>MARTIN SHELBY: If we can hold this for a few minutes.




06:35:07 Because it's the little minute to see if we can get the

06:35:10 ordinance from the legal department to the clerk.

06:35:15 >>CHARLIE MIRANDA: We don't have an ordinance?

06:35:16 >>MARTIN SHELBY: I don't believe so.

06:35:18 >>CHARLIE MIRANDA: Like I said, this is a very unique start

06:35:21 for this meeting and we continue.

06:35:22 It's like when a pitcher gets hit from the first batter you

06:35:25 are going to get hit all the time.

06:35:27 All right.

06:35:27 We'll hold this.

06:35:28 And as soon as this ordinance comes up along with the

06:35:31 revision sheet, I will have a council member read it.

06:35:36 Thank you very much.

06:35:37 We'll hold this for a few minutes until we get the

06:35:40 ordinance.

06:35:40 >>MARTIN SHELBY: Thank you, sir.

06:35:44 >>CHARLIE MIRANDA: Thank you, sir.

06:35:44 Item 4.

06:35:45 V-13-59.

06:35:59 >>ABBYE FEELEY: Ms. Mandell is bringing that ordinance down

06:36:01 momentarily.

06:36:06 Item number 4 is a special use request located at 8604 North

06:36:10 Florida Avenue, and the request before you tonight is

06:36:12 parking off-street commercial in an RS-50 residential

06:36:18 single-family zoning district.




06:36:19 >> Good evening.

06:36:27 David Hay with Planning Commission staff and I have been

06:36:30 sworn.

06:36:30 The subject site is located near the southwest corner of

06:36:35 North Florida Avenue and east Yukon street in the university

06:36:39 planning area.

06:36:40 As you can see, Florida Avenue is designated as a transit

06:36:42 emphasis corridor.

06:36:47 The subject site is in the center of the map.

06:36:49 You can see Florida Avenue running north to south through

06:36:52 the center of the aerial.

06:36:53 We have a mix of small mom-an-pop retail and some big box

06:36:57 retail uses to the east of Florida Avenue and south of

06:37:01 Waters Avenue with some scattered single-family residential

06:37:05 and to the west of retails fronting along Florida Avenue we

06:37:08 have mostly single-family detached with some attached

06:37:10 residential as well.

06:37:14 Onto the future land use map, the subject site and

06:37:17 properties to the north are along North Tampa Street are

06:37:20 designated residential 20.

06:37:22 We also have some residential 10 further to the west along

06:37:27 north Ashley street.

06:37:28 The red along North Florida Avenue is community commercial

06:37:31 35.

06:37:32 And the pinkish color in the upper right is community mixed




06:37:35 use 35 and is the current site of the Home Depot.

06:37:38 Overall Planning Commission staff found the proposed special

06:37:41 use for additional parking consistent with the number of

06:37:44 policies regarding development within and adjacent to

06:37:46 commercial areas.

06:37:47 There was one concern within the Planning Commission staff

06:37:51 report.

06:37:52 Planning Commission had a concern regarding the waivers to

06:37:55 the buffering and screening.

06:37:57 Due to the request for reduced setback and the proximity of

06:38:01 residential uses Planning Commission would recommend the

06:38:03 placement of a 6-foot concrete masonry wall that the

06:38:07 applicant is trying to waiver.

06:38:09 Planning Commission staff found the inclusion of the masonry

06:38:12 wall will assist in mitigating for the intensity and

06:38:16 proximity of the commercial use to those adjacent

06:38:19 residential uses.

06:38:20 And overall we did find it consistent with the Tampa

06:38:23 comprehensive plan.

06:38:23 >>ABBYE FEELEY: Thank you, David.

06:38:37 There are three waivers being requested with the special use

06:38:40 tonight.

06:38:41 The first is section 27-132, reduce the required buffer

06:38:45 along the west from 15-foot with a 6-foot masonry wall to

06:38:49 5-foot with a 6-foot PVC fence.




06:38:52 The second reduce the required buffer along the south from

06:38:55 15-foot with a 6-foot masonry wall to 4-foot with a 6-foot

06:38:59 PVC fence.

06:39:00 The last is to reduce the required drive isle from 20-foot

06:39:03 to 15-foot for that portion which is adjacent to the tree as

06:39:06 shown on the site plan.

06:39:11 The applicant is requesting a special use of the property at

06:39:14 8604 North Florida Avenue for off-street commercial parking

06:39:17 lot to provide parking for the car dealership, which it is

06:39:22 adjacent to.

06:39:24 The property does have a split zoning of residential

06:39:27 single-family 50, on the west 46 feet and commercial

06:39:30 intensive on the east.

06:39:33 They are proposing 15 parking spaces.

06:39:39 Unlike a lot of the off-street commercial parking lots you

06:39:42 are accustomed to doing over the past few months, this one

06:39:45 is completely landlocked so to speak.

06:39:48 It will only have access through the car dealership.

06:39:50 There is no access to this property directly from any other

06:39:54 street.

06:39:59 Zoning atlas subject is shown here in green.

06:40:02 Yukon to the north.

06:40:03 Florida to the east.

06:40:05 Wood to the south.

06:40:21 I can't actually show you pictures of the property because I




06:40:24 can't get to the property.

06:40:25 What I did was I started up here on Yukon.

06:40:28 I did come down around and then went back out onto Florida.

06:40:31 So that's exactly what I am going to show you is a little

06:40:33 bit of character of what's going on surrounding and then

06:40:37 back as far as the fronting business on Florida, and the

06:40:41 other uses in the surrounding area.

06:40:46 This is the north part of Yukon.

06:40:48 This is -- wanted to close that.

06:40:53 All the other ones I personally took myself.

06:40:57 This is predominantly residential.

06:41:00 Just to the side of that -- they are out of order, too -- is

06:41:05 the east side of Florida Avenue, moving south.

06:41:11 This is the property immediately to the north of the car

06:41:14 dealership.

06:41:17 These somehow got out of order.

06:41:20 I apologize.

06:41:22 Also the east side of Florida.

06:41:30 This is on Tampa street.

06:41:31 This is actually in common ownership with the car

06:41:34 dealership.

06:41:38 On the survey of the property, it actually goes back to

06:41:42 Tampa street.

06:41:43 So the best glimpse of the actual property that we are

06:41:47 discussing is immediately adjacent to that fence there and




06:41:51 runs north and south within that area.

06:41:54 So some of the other surrounding uses.

06:41:58 Single-family, two-family.

06:42:00 This is at the south end on Wood.

06:42:05 This is back on Florida moving north.

06:42:21 And these are also back on Tampa.

06:42:32 A look back at the Florida Avenue side.

06:42:35 And here is the property that the parking would be serving.

06:42:47 There was an inconsistent finding from transportation

06:42:51 related to the drive aisle reductions.

06:42:55 We'll go ahead and show you what we are talking about there.

06:43:11 So this commercial portion of the property located on

06:43:13 Florida, you will see that there are three grand trees, a

06:43:17 40-inch at the north, 42-inch in the middle and a 40-inch

06:43:20 again at the southeast corner.

06:43:23 The access as I mentioned would be through the front piece

06:43:27 on Florida.

06:43:28 Here is where that 15 feet is.

06:43:31 Code requires drive aisle is 20 feet. If we go 20 feet,

06:43:35 then we are within the protected radius of the grand tree.

06:43:39 So in this case the tree won out.

06:43:40 We provided the required protective radius.

06:43:43 But we had to narrow down the 15 feet.

06:43:47 It still provides a standing objection to that request.

06:43:54 Lastly, natural resources would like this one spot would




06:44:00 like to have the yellow and red removed and you will see

06:44:03 that part of your revision sheet which was contained in

06:44:05 order to provide adequate protection for the tree at the

06:44:09 southeast corner.

06:44:10 Those modifications, staff would find the request

06:44:14 consistent.

06:44:19 Outside of the standing objection from transportation in

06:44:22 relation to the drive aisle.

06:44:26 I'll stand for any questions.

06:44:28 >>CHARLIE MIRANDA: Thank you very much.

06:44:28 Okay, petitioner?

06:44:33 >> Michael Horner, 14502 North Dale Mabry highway, suite 200

06:44:38 representing Batista auto sales.

06:44:45 I think Abbye gave a very thorough description and I am

06:44:50 happy I am on number 4 and not number 5 tonight.

06:44:53 >>CHARLIE MIRANDA: We can facilitate you if you want.

06:44:55 [ Laughter ]

06:44:56 >> With me is Chris McNeil, McNeil engineering who will

06:45:01 briefly discuss the engineering and the tree.

06:45:04 That tree has been impacted significantly and we have

06:45:07 photographs.

06:45:07 I would like to demonstrate that to you.

06:45:09 Bottom line, we have worked dill he gently with staff and

06:45:12 review agencies to get to this point.

06:45:14 We have unanimous recommendations of approval.




06:45:16 The only inconsistent finding is that which Abbye just

06:45:20 mentioned, a and this is the impression of this drive aisle

06:45:23 to save this large oak tree.

06:45:24 We agree the tree wins out, don't get into that protective

06:45:28 radius.

06:45:28 So that's the only standing objection.

06:45:30 This is for accessory parking only to the principal use.

06:45:35 If anything, our clients have been too successful.

06:45:37 They run a very established business, high-quality

06:45:40 inventory.

06:45:42 They do not have any intention nor can they legally put

06:45:47 inventory on the back.

06:45:48 It has to be employee parking and customer parking.

06:45:52 When Abbye mentioned that site was hard to access, you can

06:45:56 imagine coming in with two driveways here and here.

06:46:03 They have a compression and a setback between the eastern

06:46:07 property line from the building.

06:46:09 Their inventory, park literally bumper to bumper.

06:46:15 When we go to that site, very difficult. We don't know how

06:46:17 customers access that site.

06:46:19 Our T client has worked with us and city.

06:46:21 We have gone through four plan iterations.

06:46:24 We have had two tree survey updates.

06:46:26 We are pleased with the iterations before you tonight.

06:46:30 We see those approval recommendations.




06:46:32 Planning Commission finds this consistent with all

06:46:34 applicable future land use element policies.

06:46:37 Although I must say, Mr. Hays report mentioned nothing about

06:46:42 requesting the wall.

06:46:44 We know that was a requirement in the LDC, but his report

06:46:47 did not mention that, only to adequately mitigate that

06:46:50 buffer impact for the use impact.

06:46:53 These properties to the west, council, owned by Mr. Calder

06:47:00 OOZZO, and we have only two sentences.

06:47:05 I am the owner of the two houses directly behind the TIKA

06:47:12 auto sales and request to use the rear lot for parking, I am

06:47:15 in favor and support of their waiver, the PVC fence and

06:47:19 having a fivescape landscape buffer in lieu of a 15-foot

06:47:24 landscape buffer, ask you to receive and file the notice.

06:47:28 >>CHARLIE MIRANDA: That's the longest two sentences I ever

06:47:30 heard.

06:47:31 [ Laughter ] thank God it wasn't a paragraph.

06:47:35

06:47:38 >> Two short run-on sentences.

06:47:42 Mr. Chairman, we have all of these improvement to the east,

06:47:46 directly behind the building.

06:47:48 We still leave the 5-foot landscape buffer to the west.

06:47:51 We have to replant a number of trees, in the tree debit

06:47:55 table.

06:47:56 We'll have the brand knew 6-foot PVC fence open both the




06:47:59 south side the 4-foot buffer and the west side.

06:48:02 Looking at the zoning map, council, you will see that we are

06:48:06 surrounded.

06:48:08 The encroachment of the parking, the neighborhood, this is

06:48:12 not an encroachment, in our opinion.

06:48:15 The yellow, if you pick up on the graphic, this is all

06:48:18 commercial zoning.

06:48:19 This is the accessory lot.

06:48:22 This is the principal business.

06:48:23 This yellow is commercial to the north, wraps around to the

06:48:26 front, and then wraps around to the south.

06:48:33 Actually RM-16.

06:48:34 This is not developed.

06:48:36 We have had no opposition.

06:48:39 We have had strong support from the neighborhood.

06:48:40 Bless you.

06:48:41 And we appreciate your support.

06:48:43 At this time we would ask for Chris McNeil to make a few

06:48:46 brief comments to the tree to the southeast which is

06:48:49 off-site, I might add.

06:48:51 Thank you.

06:48:51 >> Good evening.

06:48:59 I'm Chris McNeil.

06:49:00 I have not been sworn.

06:49:02 >>CHARLIE MIRANDA: I knew I would catch somebody.




06:49:04 >>THE CLERK: Is there anyone else who has not been sworn?

06:49:10 (Oath administered by Clerk).

06:49:12 >> Yes, sir.

06:49:14 Thank you, council.

06:49:15 15957 N. Florida Avenue, Lutz, Florida.

06:49:21 The tree in question that's by the corner of the building as

06:49:25 you can see along the plan -- this is a picture of it

06:49:27 looking from south -- excuse me, from north to south.

06:49:32 It's very close to the building.

06:49:35 Right up against asphalt, impervious area around it on both

06:49:39 the east and north side.

06:49:42 There's a drainage ditch running down the west side of it as

06:49:46 well, and turns into a pipe.

06:49:53 >>MIKE SUAREZ: Sir, the tree you are talking about, is it

06:49:55 the 40-inch grand that is on the south portion of the site

06:50:00 plan?

06:50:00 >> Yes, sir.

06:50:01 >>MIKE SUAREZ: Okay, thank you.

06:50:02 >> Staff asked for the elimination of the last parking space

06:50:07 which we were proposing to be impervious and that within the

06:50:11 projected radius of the tree.

06:50:13 But as you can see from here, the parking space would

06:50:17 basically land on top of this drainage, the pipe coming out

06:50:24 of that runs to the north, which would be along the edge of

06:50:27 the new parking area.




06:50:30 To give you another picture, different perspective here.

06:50:37 This is looking at the same tree from the east looking west.

06:50:42 As you can tell it's right up against the bay where they

06:50:45 maintain, work on the vehicles.

06:50:49 So with that, and the condition, really, and the pervious

06:50:54 area on top of that, we don't feel would create any

06:50:58 additional intrusion on the tree so we humbly ask council's

06:51:02 consideration of that.

06:51:11 Michael is asking about the one section of the tree here

06:51:13 that's impacted.

06:51:14 You can see where the bark is knocked off.

06:51:18 There's quite a bit --

06:51:27 >> The tree grows better.

06:51:29 >> Council, that concludes our presentation.

06:51:32 Happy to answer any questions.

06:51:33 >> We go to the public portion of item number 4, V-13-59.

06:51:38 Anyone in the public dire speak on V-13-59?

06:51:41 Please come forward.

06:51:42 I see no one.

06:51:45 I have a motion to close by Mr. Reddick.

06:51:47 Seconded by --

06:51:49 >>ABBYE FEELEY: Land development.

06:51:51 I think what you just heard from the applicant is they do

06:51:54 not want to remove that last space as staff was requesting.

06:51:57 So the revision sheet that's in your report would need to be




06:52:00 modified.

06:52:04 Actually, that's the only revision.

06:52:06 So if it's the pleasure of council to approve that, then

06:52:09 approve without the modification on the revision sheet.

06:52:15 >>YVONNE CAPIN: Thank you.

06:52:15 Those photos, I was looking at oil drums it looked like

06:52:21 around the tree, and they are hanging cables from the tree.

06:52:29 I'm sorry?

06:52:36 So all that around the tree that we looked at in the photo

06:52:39 is from this car shop?

06:52:42 It's from the auto dealer?

06:52:45 >>ABBYE FEELEY: Land development.

06:52:45 I'm not sure how the tree got into that condition.

06:52:51 And I was not informed by natural resources that it was in a

06:52:57 state of such help.

06:52:58 So it still may be healthy.

06:53:02 I don't know.

06:53:04 >>YVONNE CAPIN: It looks healthy, but I'm just inquiring.

06:53:07 What is around that tree was put there by the auto dealer?

06:53:13 Is that who is using that tree as a storage and, you know --

06:53:19 >> Shelving unit.

06:53:21 >>YVONNE CAPIN: Exactly.

06:53:22 >> I'll put it back up.

06:53:24 The drainage ditch is in an easement that's owned by the

06:53:26 city, so the city installs that ditch, and the inlet and the




06:53:31 pipe, all the drainage and the T structure that's in there.

06:53:39 >>YVONNE CAPIN: But the picture is within that protective

06:53:43 radius?

06:53:44 >> Yes, ma'am.

06:53:45 Absolutely.

06:53:47 >>YVONNE CAPIN: Okay, thank you.

06:53:49 >>CHARLIE MIRANDA: Any other council members?

06:53:50 Mrs. Montelione?

06:53:52 >>LISA MONTELIONE: I just want to note that we don't know

06:53:54 how all of that-O-how old that drainage ditch is.

06:53:59 That may be there for 50 years on the tree with somewhat of

06:54:02 a -- it wasn't as big, over 40 inches that it is today.

06:54:07 I would the motion to approve the applicant's request for

06:54:16 this rezoning, and without the revision sheet.

06:54:21 That's kind of how I feel about it.

06:54:23 I wouldn't say that leaving that one parking space off the

06:54:30 site plan is going to benefit the tree.

06:54:34 So I would give them that extra parking space.

06:54:38 >>CHARLIE MIRANDA: I have a motion to close.

06:54:39 Any further discussion by council members?

06:54:40 I have a motion to close by Mrs. Capin, seconded by Mrs.

06:54:43 Muscle American.

06:54:44 All in favor of the motion indicate by saying aye.

06:54:47 Opposed nay.

06:54:48 Hearing is closed.




06:54:51 Okay.

06:54:51 We go -- is the ordinance for number 3 available?

06:54:58 Mr. Reddick, would you kindly read number 3, please?

06:55:09 We are not voting on one you just heard.

06:55:12 The one prior.

06:55:13 Well, we are going to come back.

06:55:16 You are faster than a jet.

06:55:17 >>FRANK REDDICK: Thank you, Mr. Chairman Mr. Chair.

06:55:22 Move an ordinance approving a special use permit S-2

06:55:24 approving a place of religious assembly in a residential

06:55:28 multifamily 16, RM-16 zoning district in the general

06:55:32 vicinity of 2613, 2615, 2619, and 2621 Chipco street and

06:55:39 3420 north 28th street in the city of Tampa, Florida as

06:55:43 more particularly described in section 1 providing an

06:55:47 effective date including the revision state bid staff.

06:55:50 >> Motion.

06:55:51 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick for

06:55:52 approval, second by Mrs. Mulhern.

06:55:57 This is 3.

06:55:57 All in favor of the motion please indicate by saying aye.

06:56:00 Opposed nay.

06:56:01 Motion passed.

06:56:01 >>THE CLERK: Motion carried unanimously.

06:56:04 Second reading and adoption will be on June 27th at 9:30

06:56:07 a.m.




06:56:08 >>CHARLIE MIRANDA: Thank you very much on 3.

06:56:09 I apologize to you fine people.

06:56:11 Item number 4.

06:56:15 No, no, no, listen.

06:56:22 All right.

06:56:31 Item number 4, we had closed that hearing.

06:56:35 Mrs. Montelione, will you kindly read ordinance number 4,

06:56:38 please, V-13-59?

06:56:42 >>LISA MONTELIONE: Thank you.

06:56:42 I move an ordinance approving a special use permit S-2

06:56:46 approving parking off-street commercial in an RS-50

06:56:49 residential single-family zoning district in the general

06:56:52 vicinity of 8604 North Florida Avenue in the city of Tampa,

06:56:55 Florida and as more particularly described in section 1

06:56:59 hereof providing an effective date.

06:57:00 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

06:57:02 seconded by Mr. Cohen, further discussion by council

06:57:05 members? All in favor of the motion on item number 4,

06:57:08 V-13-59, please he signify by saying aye.

06:57:14 Opposed nay.

06:57:15 Motion passes.

06:57:19 >>THE CLERK: Second reading will be on June 27th at

06:57:21 9:30 a.m.

06:57:23 >>CHARLIE MIRANDA: Item number 5.

06:57:25 >>ABBYE FEELEY: Land Development Coordination.




06:57:26 Special use located at 3303 West Lemon Street, 804 north

06:57:31 Lincoln street.

06:57:32 The request before you tonight is for a professional

06:57:35 residential facility.

06:57:41 >> David Hay with your Planning Commission staff.

06:57:46 I have been sworn.

06:57:47 The subject site is located in the central Tampa planning

06:57:51 area near the southwest corner of West Cypress street and

06:57:55 north Lincoln Avenue in the Oakford Park neighborhood.

06:57:59 Onto the aerial.

06:58:00 The subject site as always is in the center of the map.

06:58:04 You can see Cypress Street running east-west through the

06:58:06 center of the aerial.

06:58:08 Cypress Street has a mixture of residential and commercial

06:58:11 uses especially as you get closer to Himes Avenue.

06:58:15 The oakford park area consists mostly of commercial

06:58:20 neighborhoods a with single-family detached internal to the

06:58:23 neighborhood.

06:58:24 This arrow, you can see the retail strip center known as

06:58:29 oakford square directly to the north of the subject site and

06:58:32 the Sons of Italy lodge directly to the west.

06:58:35 Onto the future land use map, the subject site and property

06:58:39 to the west center along west help on street are designated

06:58:43 residential 20.

06:58:44 We have community mixed use 35 to the north, centered along




06:58:48 West Cypress street and the light tan color to the east

06:58:53 subject site and to the north.

06:58:54 It's a residential 10 future land use category.

06:59:00 Overall Planning Commission staff found the request

06:59:02 consistent with a number of policies regarding residential

06:59:05 development and housing.

06:59:06 The professional residential facility would utilize an

06:59:09 existing residential style structure and its within close

06:59:13 proximity to existing transit service, and would provide a

06:59:16 transition from the more intensive planned use along Cypress

06:59:20 Street to the single-family detached residential uses to the

06:59:24 south.

06:59:25 Planning Commission staff found the proposed special use

06:59:27 request consistent with the Tampa comprehensive plan.

06:59:36 >>ABBYE FEELEY: Land Development Coordination.

06:59:38 The current zoning on this property is RO-1, residential

06:59:41 office, and what is being requested tonight before you is

06:59:44 for a professional residential facility.

06:59:48 Special uses have a set of criteria that run with them for

06:59:54 when they can be considered in certain zoning districts.

06:59:57 The use may be considered within the RO-1 district if the

07:00:01 following criteria are met.

07:00:02 And I provided those criteria for you on page 5 of your

07:00:05 report.

07:00:06 As you will notice on page 1 of your report, there are no




07:00:09 waivers being requested with this special use tonight.

07:00:11 That means that they are satisfying all criteria as

07:00:15 prescribed in the code for this use including all parking,

07:00:21 buffering, and again the criteria directly related to this

07:00:25 use.

07:00:26 The first is that no such use shall be established within

07:00:29 2,000 feet of another such use, and researched that on

07:00:34 Florida -- put in like we typically do for any congregate

07:00:40 living facility, et cetera, and there is not another

07:00:42 facility within 2,000 feet.

07:00:44 The second is that no such use shall be established within

07:00:48 1,200 feet of congregate living facility.

07:00:51 Again, there are no congregate living facilities within 1200

07:00:54 feet.

07:00:56 The third is that no external evidence of such use

07:00:59 distinguishing it from a normal residential structure shall

07:01:01 be visible from adjacent property, public or private.

07:01:05 This standard has been met.

07:01:06 The existing structure as constructed is proposed to be

07:01:09 maintained and no structural modifications are proposed.

07:01:13 The fourth is that the requirements and standards of the

07:01:16 state Department of Health and rehabilitationive services,

07:01:18 the state department of correction s shall be met.

07:01:20 The standard will be met and lastly -- a note is on the

07:01:27 plan, and lastly the security that will be provided at the




07:01:30 facility.

07:01:31 The standard has been met.

07:01:31 The notice of commitment can be found on your site plan

07:01:34 under note 11.

07:01:37 The request before you tonight is to convert an existing

07:01:41 8,905 square foot residence in into a 21 bed professional

07:01:47 residential facility.

07:01:47 The property is comprised of two parcels.

07:01:50 The first parcel on Lincoln Avenue contains the structure

07:01:53 which will be utilized for the facility.

07:01:55 The second parcel is adjacent to the Lincoln Avenue parcel

07:01:58 but is oriented north-south with frontage on West Lemon.

07:02:02 Ingress-egress to the property will be located through this

07:02:05 parcel.

07:02:05 The site is surrounded by strip commercial center to the

07:02:08 north, single-family residential to the south and the east.

07:02:14 The proposed setbacks are as follows: 7-foot north, which

07:02:18 is the side, 7-foot south which is a side, 25-foot east

07:02:22 which is the front, and 20-foot west which is the rear.

07:02:28 This T facility requires 5 parking spaces and eleven are

07:02:31 being provided.

07:02:32 Photos of the existing structure have been provided as

07:02:35 elevations.

07:02:39 The zoning atlas here, CG to the north.

07:02:43 This is Lincoln to the east, lemon to the south, Glen to the




07:02:47 west, cypress to the north.

07:02:50 There's commercial here as David mentioned.

07:02:52 The RO-1 district which is the entire south half of the

07:02:56 block, subject block and also the block to the west.

07:03:02 Which the Sons of Italy and associated parking is located to

07:03:07 the west of the subject property.

07:03:08 I'll show you some pictures of that.

07:03:10 The aerial of the site again, Lincoln, lemon, cypress, and

07:03:15 Glen.

07:03:18 There is one single-family residential structure located

07:03:21 immediately adjacent to the south.

07:03:35 Just to orient you how my photo presentation, I am going to

07:03:39 start at the site.

07:03:41 I am going to work my way around and then come back down.

07:03:48 Here is a photo of the subject property.

07:03:57 Here is the north side.

07:04:02 I also have some photos of the rear, which were taken from

07:04:05 the Sons of Italy parking lot, and this is where the parking

07:04:09 area will be installed.

07:04:15 This is a look back south.

07:04:21 Southeast toward lemon.

07:04:23 This would all be the parking and required buffering.

07:04:27 This is the single-family residential immediately adjacent

07:04:30 to the south.

07:04:33 This is moving down lemon.




07:04:38 This is the north-south piece which I referred to and shown

07:04:44 on your site plan containing the parking and at the

07:04:47 northeast corner is where it is adjacent to the subject

07:04:50 property.

07:04:51 Immediately moving west along lemon, the parking, Sons of

07:04:58 Italy.

07:05:02 Still moving west, here is Glen looking back east.

07:05:12 This is south, lemon and Lincoln.

07:05:15 Moving back west down lemon again.

07:05:18 Along the south side of lemon.

07:05:21 Working west.

07:05:36 This is at the southeast corner of Lincoln and lemon looking

07:05:39 back north.

07:05:41 The subject property is on the west, to the left of the

07:05:43 photo.

07:05:45 This is on the east side of Lincoln.

07:05:51 I am now going to be moving south along Lincoln, coming down

07:05:55 the street.

07:06:03 Single-family residential.

07:06:06 This is directly across the street from the subject

07:06:08 property.

07:06:10 And now up on cypress, moving east.

07:06:18 There's one vacant lot.

07:06:19 This is the strip commercial immediately to the north of the

07:06:24 subject property.




07:06:29 This is from Lincoln log to the west.

07:06:35 And this is immediately to the north of the subject

07:06:39 property.

07:06:43 So access from the strip commercial.

07:06:45 This is back in this area here.

07:06:47 >>LISA MONTELIONE: Can you show a photograph of the front

07:06:57 elevation of the property?

07:07:08 It appears to be two buildings on the site.

07:07:10 One is the large structure.

07:07:12 And --

07:07:14 >> Just one.

07:07:16 >>LISA MONTELIONE: In the aerial it looks like --

07:07:19 >>ABBYE FEELEY: There's a courtyard in the middle.

07:07:22 >>LISA MONTELIONE: No, no, here in the L shape?

07:07:31 >>ABBYE FEELEY: I don't believe that portion is there

07:07:33 anymore.

07:07:33 No, it is.

07:07:34 Actually, it's there.

07:07:37 Yes.

07:07:38 Hold on.

07:07:39 I only took 42 pictures of it.

07:07:42 That's the rear.

07:07:44 That's that top part you see sticking up on your aerial.

07:07:48 >>LISA MONTELIONE: Right.

07:07:50 And it looks like there's a building ...




07:07:54 >>ABBYE FEELEY: No.

07:07:58 Oh, that's the old house.

07:08:03 It's been torn down.

07:08:04 >>LISA MONTELIONE: I have that picture, too.

07:08:06 >>ABBYE FEELEY: It's been demolished.

07:08:10 It's currently vacant.

07:08:11 >>LISA MONTELIONE: It wasn't sure.

07:08:14 It appeared there were one buildings or two on the subject

07:08:18 site.

07:08:18 >>ABBYE FEELEY: That house, which used to be -- I have one

07:08:25 more photo of that.

07:08:30 In the street looking back that way.

07:08:32 Sorry.

07:08:32 >>LISA MONTELIONE: Yes, okay.

07:08:38 >>LISA MONTELIONE: Thank you.

07:08:43 >> There are two site plan modifications that would be

07:08:51 required in between first and second reading.

07:08:54 The first is the actual flood zone application be listed on

07:08:57 the site plan.

07:08:59 And the second is that the parking required be modified to

07:09:04 five employees times one space per employee equals five

07:09:09 spaces, and they provided the eleven spaces as shown on the

07:09:12 site plan.

07:09:14 That being said, staff finds the request consistent.

07:09:20 >>CHARLIE MIRANDA: Any further questions, council members?




07:09:22 Petitioner?

07:09:25 Ms. Mulhern?

07:09:38 >>MARY MULHERN: Can I ask a question before?

07:09:42 Ms. Feeley?

07:09:44 Looking at the map, I'm assuming that these residential

07:09:52 office, that is zoned residential office to the west, those

07:10:01 are originally were all existing single-family homes?

07:10:09 Is that -- no?

07:10:14 >>ABBYE FEELEY: No, because under chapter 43 which would

07:10:16 have been the prior zoning code from 1956, that was actually

07:10:20 C-1 which was a commercial district.

07:10:22 >>MARY MULHERN: Okay.

07:10:26 So lemon -- I'm sorry, the building and the zoning on lemon

07:10:33 street was all used to be commercial?

07:10:36 >> Yes.

07:10:38 C-1.

07:10:39 >> How did it get changed to residential office?

07:10:42 >>ABBYE FEELEY: C-1 was a lower commercial residential

07:10:45 district which was the zoning code of 1956.

07:10:48 So in 1987 when we had zoning conformance they would look to

07:10:52 see what would have been the equivalent at that time, and it

07:10:55 con formed to the RO-1 which is a residential office

07:10:58 district.

07:10:58 >> And there were residences there?

07:11:04 >> Not necessarily.




07:11:05 >> How did it conform to residential office if it wasn't --

07:11:12 [Sounding gavel]

07:11:13 >> -- if it wasn't residential?

07:11:15 >> Residential office is a district that permits both

07:11:17 single-family detached residential as well as office.

07:11:18 >>MARY MULHERN: But why would there be an "R" in there at

07:11:23 all if there were no Rers, residences, houses?

07:11:30 >>ABBYE FEELEY: Based on what I am hearing behind me there

07:11:32 were some residents --

07:11:34 >>MARY MULHERN: There were residents in there.

07:11:36 That's what I am trying to find out.

07:11:37 >> Typically I don't go back and historically look at each

07:11:41 of the parcels.

07:11:41 >>MARY MULHERN: Right.

07:11:43 But the zoning -- and still in that block on lemon between

07:11:49 Himes and Lincoln on that north side of the street?

07:11:55 Are there any residences there?

07:11:57 >> Yes.

07:11:58 >>MARY MULHERN: Thank you.

07:12:04 >>CHARLIE MIRANDA: Petitioner?

07:12:09 >>JOHN GRANDOFF: My address is suite 3700 Bank of America

07:12:12 Plaza.

07:12:14 And I represent the applicant Lincoln Ross LLC in this

07:12:21 hearing this evening.

07:12:21 I am also joined this evening by Dr. Eric Kaplan, if you




07:12:27 would please raise your hand.

07:12:29 And Jackie Crone.

07:12:34 And Ms. Althea Greco.

07:12:37 And they will be speaking to you and providing a

07:12:41 professional opinion for you to consider this evening.

07:12:43 I also have their curriculum vitae which I will circulate

07:12:47 after they speak to you, and I encourage you to review the

07:12:50 extensive qualifications that they provide, and would

07:12:54 support our application this evening.

07:12:57 Before we begin, I want to rejoin Ms. Mulhern's question and

07:13:03 offer that in 1989 when zoning conformance was implemented,

07:13:10 was in the city, all property owners were notified of zoning

07:13:14 conformance, and the Planning Commission simply did a

07:13:18 lateral change from 43-A to what became chapter 27.

07:13:23 So what was C-1 at the time was converted to RO-1, with no

07:13:33 up ozone or down ozone unless the property owner requested

07:13:36 otherwise, or unless the neighbor professed otherwise. In

07:13:42 90%-plus of the cases, it was a lateral change from C 1 to

07:13:50 RO 1.

07:13:55 The report that Ms. Feeley provided, I want to add a few

07:14:00 other points, and to mention the criterion that are

07:14:04 involved.

07:14:04 I have the site plans before me.

07:14:07 And I assume you have it with you as well.

07:14:09 If you have any questions, I encourage you to please ask




07:14:14 those questions.

07:14:15 The two note revision that are required is to provide the

07:14:18 flood zone, the flood zone map.

07:14:21 We'll put that in.

07:14:22 Also we will harmonize the parking calculation that Ms.

07:14:25 Feeley asked for.

07:14:27 So the site plan arrives to you with those two minor

07:14:30 corrections, and with no objections from the city staff, any

07:14:34 of the city staff, or the Planning Commission.

07:14:36 In fact, their findings of consistency.

07:14:42 When you consider a special use application, you are not

07:14:45 rezoning the property.

07:14:46 This is not a zoning hearing.

07:14:47 This is special use hearing.

07:14:50 And there's a higher standard of proof on both sides of the

07:14:54 equation in which we must provide to you competent,

07:14:57 substantial evidence in the application.

07:15:00 That evidence is initially provided by the report that's

07:15:03 prepared by Ms. Feeley, and the staff which operates within

07:15:07 her office, and those findings within this report.

07:15:12 Other competent substantial evidence also derives from the

07:15:16 Planning Commission report by Mr. Hay, and I will he

07:15:20 encourage you to recall what he said about transition was

07:15:23 one of his last statements.

07:15:24 He said transition.




07:15:26 The RO-1 district is the classic transition district.

07:15:30 And you find it on most thoroughfares, most commercial

07:15:36 abutting neighborhoods, and it is used as a transition from

07:15:40 the CG commercial general district that you have on cypress

07:15:45 Avenue on both sides.

07:15:46 As you transition south to the residential neighborhood, a

07:15:52 core planning concept, you provide a transitional district,

07:15:55 and the transition will a district before 199 was C-1.

07:15:59 A transitional district today, fast forward, is the RO 1 and

07:16:04 then you move into the RM category which will be apartment

07:16:08 category and then to the single-family categories.

07:16:13 So behind the transmission of Mr. Hay is very important in

07:16:18 your analysis this afternoon and the propriety of the

07:16:21 special use.

07:16:21 The special use does not rezoning the property.

07:16:24 It provides a special use of the property within the

07:16:30 commercial -- excuse me, within the RO 1 district .

07:16:35 Special uses are zoning -- are property uses that are unique

07:16:41 and have certain criteria you must meet in order to be

07:16:45 regulated under your public health, safety and welfare

07:16:48 criteria.

07:16:49 A classic special use is a school.

07:16:52 They have different operation hours.

07:16:55 They have different traffic patterns.

07:16:57 Different ebbs and flows of students.




07:16:59 And those have to be regulated within those district.

07:17:01 Professional residential facility, which we are planning to

07:17:04 build on this property, has certain criteria.

07:17:07 For instance, you must cite these within geographical areas

07:17:12 of the city for several reasons.

07:17:13 You do not want a concentration of them.

07:17:15 Number two, you want to adequately serve the population with

07:17:18 this use.

07:17:19 And when you hear the testimony from Dr. Kaplan and you hear

07:17:23 testimony from Ms. Crohn, you hear testimony from Mrs. Greco

07:17:28 that explains what they plan to do and what purpose it will

07:17:32 provide to the population within the parameters of the

07:17:34 special use criteria. The special use criteria is divided

07:17:38 into two subsets.

07:17:39 First the general standards, which apply to all special

07:17:43 uses, churches, schools, professional residential

07:17:45 facilities, all of those, and a specific standards that are

07:17:50 carved out by the zoning administration and embodied in

07:17:53 chapter 27 and approved by you as a legislative body, as a

07:17:58 standard which must apply to the professional residential

07:18:00 facility.

07:18:01 Ms. Feeley has found that you have propagated these and that

07:18:07 we have met all of the standards.

07:18:08 Now let me summarize the standard.

07:18:10 The standard number 1, you must ensure that the public




07:18:13 health, safety and general welfare will be insured.

07:18:19 This will be met by the Cee criteria this evening and also

07:18:22 by the testimony of the three professionals.

07:18:25 Ensuring the public health, safety and welfare.

07:18:28 Number two, the use if complied with all regulations of this

07:18:34 chapter, unless greater or different regulations are

07:18:37 required.

07:18:37 They are not required.

07:18:40 They have been met, as Ms. Feeley has found.

07:18:44 Standard number 3.

07:18:45 The use is compatible, compatible with contiguous and

07:18:51 surrounding property or the use of a public necessity.

07:18:53 Number one, the building will not be changing.

07:18:56 This is 8900 square foot building has already been built and

07:18:59 will be remodeled on the interior.

07:19:01 There will be significant landscaping installed on all four

07:19:03 sides, viburnum and hedge, to shield the building and there

07:19:11 will also be a fence according to city code and providing

07:19:14 required buffers.

07:19:15 We are meeting all chapter 27 criteria.

07:19:18 We are also exceeding parking.

07:19:23 Five spaces are required.

07:19:24 Eleven will be provided.

07:19:25 The parking is planned to the west of the building measuring

07:19:29 50 feet in width, plus the parking lot for the Sons of Italy




07:19:34 as you are proceeding west.

07:19:35 Let me just pause at this moment and ask for -- or confirm

07:19:39 that all of you are familiar with the location of this

07:19:41 property and the intersections in your discussion.

07:19:44 If you are not I will be glad to point that out to you.

07:19:46 >>CHARLIE MIRANDA: Let me say -- and I am not a judge, but

07:19:49 we don't ask that question.

07:19:51 We don't answer it.

07:19:52 We assume that all of us know that, because we have 12

07:19:56 hearings today and I don't want to go through 12

07:20:00 verifications that I know where the property is at.

07:20:03 That's my opinion.

07:20:06 >>JOHN GRANDOFF: Just wanted to make sure everyone was aware

07:20:08 whereof that is located.

07:20:09 Fourth criteria.

07:20:10 The use of the conformity with the comprehensive plan, you

07:20:13 have heard from Mr. Hay this afternoon that it is in

07:20:16 conformity.

07:20:17 He's written a report to that effect.

07:20:20 He report nowed his professional capacity.

07:20:23 Number 5, the fifth and final criteria, the use will not

07:20:28 establish a precedent or encourage more intensive or

07:20:31 incompatible uses in the surrounding area.

07:20:34 You will see, and Ms. Feeley has found that this use meets

07:20:38 the distance criteria and the special use, and I will digest




07:20:42 that for you in a minute.

07:20:45 And other requirements, must have adequate ingress and

07:20:48 egress.

07:20:49 That is provided by lemon street.

07:20:51 You must have off-street parking and loading.

07:20:53 That has been provided.

07:20:54 You must have refuge and service areas.

07:20:57 You saw waste department has approved the application.

07:20:59 There will be pickup service for the facility, or there will

07:21:03 be a shielded dumpster, also.

07:21:07 Number four, lighting.

07:21:11 Lighting does not apply in the general standards because

07:21:13 this is not a use that we would rely on night lighting so

07:21:18 that is not applicable in this instance.

07:21:20 Utilities.

07:21:21 You must have all utilities available.

07:21:23 Those are available both public and private.

07:21:25 Stormwater drainage.

07:21:26 If you note on the site plan, there's a 300 square foot

07:21:29 stormwater drainage facility.

07:21:31 We are also meeting SWFWMD criteria in controlling the first

07:21:35 one half of land fall on the property as required in the

07:21:38 construction of the building, and in construction of the

07:21:41 parking lot.

07:21:42 Number seven, control of potentially adverse effects




07:21:45 generally.

07:21:46 And I'm paraphrasing on number 7 on page 4.

07:21:51 As appropriate, due consideration shall be given to

07:21:54 potentially adverse effects generally on joining and nearby

07:21:59 properties.

07:22:01 Where such potentially adverse effects are found,

07:22:05 consideration shall be given to special remedial measures,

07:22:08 including screening or buffering, landscaping, control of

07:22:15 manner or hours of operation, construction design -- that

07:22:18 does not apply.

07:22:19 The building has already been. By relocation of open space.

07:22:22 We are not relocating open space.

07:22:25 And other measures that are required to a sure -- a sure

07:22:30 that such potential adverse effects will be compatible and

07:22:35 harmonious with other development in the area.

07:22:38 Now, before the site plan is even unfolded the city staff

07:22:43 must consider this criteria, and we must draw the site plan

07:22:47 meeting the criteria.

07:22:48 There can be no waivers.

07:22:52 We have met that criteria.

07:22:59 Please look at page 5 of the report.

07:23:03 Ms. Feeley has outlined that for you.

07:23:08 Please be aware of it.

07:23:09 Showing all the particular standards which we have met.

07:23:13 And in Mr. Hays report, on page 2 of if you will follow




07:23:23 along with me, he finds that the category, from the land use

07:23:29 plan, allows the proposed use to be considered, and he makes

07:23:33 his findings of the existing uses adjacent to the property.

07:23:44 He researches the comprehensive plan.

07:23:46 He talks about housing availability.

07:23:49 This is housing, folks.

07:23:51 He talks about it on page 3, objective 26.1, and the

07:23:57 comprehensive plan, and the Planning Commission have adopted

07:23:59 the following objective of our citizenry and of our

07:24:03 government.

07:24:04 Ensure that an adequate supply of housing is available to

07:24:07 meet the needs, preferences and financial capabilities of

07:24:10 Tampa's households now and in the future and in

07:24:12 neighborhoods.

07:24:14 The policy is further refined, and it finds that we shall

07:24:18 encourage efficient use of existing housing by providing

07:24:24 rehabilitation programs -- this is part of what makes us a

07:24:30 community.

07:24:31 That we find --

07:24:35 [Sounding gavel]

07:24:39 >> -- That we find a place for all and that we have a zoning

07:24:42 code that does not merely provide homes for folks or

07:24:42 commercial buildings or industrial centers, but it provides

07:24:46 places where people can get their lives in order.

07:24:49 And you will hear more about that from Dr. Kaplan, from Ms.




07:24:52 Crone and Ms. Greco.

07:24:55 The policy further refines --

07:24:57 >>CHARLIE MIRANDA: One second.

07:24:58 Excuse me, Ms. Mulhern?

07:25:01 Do you want to speak?

07:25:02 >>MARY MULHERN: Yes.

07:25:03 Mr. Grandoff, since you are talking about the housing, this

07:25:08 says housing -- I know that's what the Planning Commission

07:25:11 is defining it as.

07:25:14 But generally, when you are asking for special use for

07:25:21 medical treatment, we don't usually call it housing.

07:25:24 I think we call it treatment.

07:25:28 How long will the residents be staying?

07:25:33 >>JOHN GRANDOFF: They will be there as long as prescribed by

07:25:35 the medical director.

07:25:36 >>MARY MULHERN: Well, approximately, what, three weeks?

07:25:42 >>JOHN GRANDOFF: I'll ask Dr. Kaplan to answer that for you.

07:25:44 I'm not competent to answer that.

07:25:47 >>MARY MULHERN: My question is probably for the Planning

07:25:49 Commission.

07:25:49 I'll ask later.

07:25:54 >>JOHN GRANDOFF: Let me summarize the policy is further

07:25:56 refined to reduce the barriers to siting of housing for

07:26:01 folks with disabilities at residential locations throughout

07:26:04 the city that have access to needed social services and




07:26:09 transit while recognizing that different population versus

07:26:11 different needs.

07:26:13 Mr. Hay continues, and he concludes the applicant's request

07:26:17 would encourage the existing use -- use of an existing

07:26:21 building currently on the site and provide residents with

07:26:23 the necessary rehabilitation and programs to sustain a

07:26:25 healthy lifestyle.

07:26:27 He finds it consistent.

07:26:29 I would like to introduce Dr. Kaplan. Dr. Eric Kaplan is a

07:26:34 board certified psychiatrist and been in private practice in

07:26:38 Tampa for the last 25 years, previously is medical director

07:26:40 of Substance Abuse Treatment Center and always maintained a

07:26:44 keen interest and passion for the field of addiction

07:26:46 medicine.

07:26:47 He's recognized by the State Board of Medicines and the

07:26:50 Florida Bar Association to treat impaired physicians and

07:26:55 attorneys. Dr. Kaplan is well respected in the psychiatrics

07:26:55 community. He has a powerful vision for delivering

07:26:58 progressive and excellent addiction treatment.

07:27:01 I present to you Dr. Eric Kaplan.

07:27:09 >> Good evening.

07:27:10 My name is Eric Kaplan, M.D.

07:27:12 I'm a medical doctor, licensed in the State of Florida.

07:27:16 I'm also a board certified psychiatrist.

07:27:18 I have been in practice in the Tampa Bay area for about 24




07:27:21 years now, and also prior to that did my residency at the

07:27:24 University of South Florida, department of sky try.

07:27:28 I'm still on the affiliate faculty medical school.

07:27:32 I would like to tell you a little bit about our plans, a

07:27:36 little bit about the kind of treatment we hope to provide,

07:27:39 and the types of patients that we hope to allow to receive

07:27:44 treatment in our facility.

07:27:47 It's called a residential treatment facility.

07:27:49 It is not a hospital.

07:27:51 People that are medically ill will not be treated there.

07:27:55 We will not have the facilities to treat people who have

07:27:58 severe withdrawal.

07:28:00 They will be appropriately treated at a local medical

07:28:04 hospital.

07:28:05 We are going to be able to treat people with mild withdrawal

07:28:09 from alcohol, from opiates, cocaine, things like that.

07:28:13 [Sounding gavel]

07:28:18 Every resident, every patient will receive a thorough

07:28:20 physical examination that will -- labs, undergo

07:28:24 psychological testing, they will be evacuated by

07:28:27 psychologists, psychiatrists, certified professionals, at

07:28:33 the facility, 24 hours a day, seven days a week.

07:28:37 >>CHARLIE MIRANDA: I'm sorry, time is up.

07:28:40 I knew this was going to happen.

07:28:43 Listen to me very carefully, John -- Mr. Grandoff.




07:28:46 I am going let you put your plea but I am going cut it down

07:28:50 to my specific time.

07:28:51 You spoke for an awful long time.

07:28:53 And you wanted me to engage you, and I did not engage you

07:28:57 when you asked if I knew where the location was.

07:29:00 I refused to go there, as I refused in all the other cases

07:29:05 when I am asked that question.

07:29:06 In fact, I have never been asked that question.

07:29:08 So we are going to give you another minute, sir.

07:29:13 And then we are going to give two minutes to the other two

07:29:16 that are left.

07:29:16 Is that sufficient time?

07:29:19 >>JOHN GRANDOFF: Let me just ask for clarification.

07:29:21 I would like to have the opportunity if necessary to bring

07:29:25 these three witnesses back on rebuttal.

07:29:27 >>CHARLIE MIRANDA: You have five minutes in rebuttal.

07:29:29 You can use those five minutes however you like.

07:29:32 There's no problem with that.

07:29:33 >> So for one minute.

07:29:35 >>CHARLIE MIRANDA: Stop is the time, please.

07:29:37 Yes, Mrs. Montelione?

07:29:38 >>LISA MONTELIONE: I'm wondering if I can make a

07:29:39 suggestion.

07:29:42 The other people that he has to speak, could they not speak

07:29:46 in support of the application and have their three minutes




07:29:48 just like anybody else?

07:29:50 >>CHARLIE MIRANDA: Do what now?

07:29:52 >>LISA MONTELIONE: The individuals that Mr. Grandoff has to

07:29:54 speak, could they not speak in support of the application

07:29:59 and have three minutes just like anybody else?

07:30:01 >>CHARLIE MIRANDA: They can.

07:30:02 They can.

07:30:03 But they can't then -- there's legal complications go along

07:30:08 with that, even though it's a good statement.

07:30:10 I agree with you.

07:30:10 But they are going to testify as professionals.

07:30:13 But go on.

07:30:13 Yes, sir.

07:30:14 >>MARTIN SHELBY: Mr. Chairman, I do understand the

07:30:18 chairman's position, and council's rules do state that the

07:30:22 chair shall decide all questions of procedure in order.

07:30:26 And the decision shall stand unless majority vote of

07:30:30 council.

07:30:30 But be that as it may, I would for the purposes of the

07:30:33 record ask that you hear Mr. Grandoff out in terms of his

07:30:37 request, because there is a specific provision in the rules

07:30:41 that address that, and I would like council to be clear on

07:30:43 following the rules for the purposes of the record.

07:30:47 And if I can find where it is.

07:30:49 It says here, rule 16, it says requests for additional time




07:30:53 may only be granted if the participant making the request

07:30:57 establishes to the satisfaction of council that additional

07:31:00 time is necessary to afford procedural due process.

07:31:05 Council members shall by majority vote grant or deny the

07:31:08 request and determine the additional time necessary, if any.

07:31:13 In the event that a participant in a quasi-judicial public

07:31:16 hearing is giving additional time to make a presentation,

07:31:20 then the petitioner may request additional time for purposes

07:31:23 of rebuttal as necessary to afford procedural due process.

07:31:27 And I just note for the purposes of the record, I see a

07:31:30 large number of people present who are dressed similarly

07:31:35 wearing red, and I assume that there will be a time when

07:31:38 some people will be speaking so, that may affect Mr.

07:31:40 Grandoff's ability for rebuttal.

07:31:43 So for the purposes of the record I just want to be clear

07:31:45 that council is going to afford Mr. Grandoff's client

07:31:50 procedural due process.

07:31:51 There is no question, this F this is ever reviewed.

07:31:55 >>CHARLIE MIRANDA: There is no question in my part that I

07:31:56 plan to do that.

07:31:57 If I don't, please correct me as this meeting continues.

07:32:01 Mr. Grandoff used about 13 minutes of the 15 minutes

07:32:04 allotted by the standard.

07:32:06 I believe Dr. Kaplan spoke for about two.

07:32:10 I may be wrong a few second one way or the other.




07:32:13 I afforded opportunity for another minute.

07:32:16 I went back to the two professionals and I asked for two

07:32:20 minutes each so I could facilitate not only item number 5

07:32:22 but the remaining six or seven that I have left.

07:32:25 But I'll ask the council what their recommendations are in

07:32:28 this case.

07:32:29 Any recommendation from the council?

07:32:31 >>LISA MONTELIONE: If I understand correctly, you are

07:32:35 affording Dr. Kaplan another minute to finish his testimony,

07:32:39 and then each of the professionals two minutes per

07:32:43 professional to speak.

07:32:45 >>CHARLIE MIRANDA: And then Mr. Grandoff came back and said

07:32:48 in my five minutes can they continue to speak?

07:32:51 I said of course they can.

07:32:52 >>LISA MONTELIONE: I just wanted to clarify.

07:32:55 >>CHARLIE MIRANDA: Not a problem.

07:32:56 Not at all.

07:32:57 And I appreciate you bringing it up.

07:32:59 Sometimes I got to be corrected.

07:33:00 >>MARTIN SHELBY: By unanimous consent, Mr. Chairman.

07:33:04 >>CHARLIE MIRANDA: Yes.

07:33:04 Yes, sir, Dr. Kaplan.

07:33:06 >> Dr. Kaplan: I want to clarify one thing.

07:33:12 Who are the patients here?

07:33:13 This is a voluntary facility.




07:33:14 We will not be taking people under the Baker Act, under the

07:33:17 Florida Myers act, which is involuntary hospitalization for

07:33:21 people with alcoholism.

07:33:22 No people with violent history.

07:33:25 Okay.

07:33:27 Everyone will want nobody this facility.

07:33:29 They are the same people we see at Starbuck's and Panera.

07:33:33 They are family members.

07:33:34 They are friends.

07:33:35 People with addiction problems who deserve appropriate

07:33:38 compassionate treatment.

07:33:40 And I really think we can do a great thing for the City of

07:33:43 Tampa, the people outside of Tampa.

07:33:45 It's going to be a state-of-the-art treatment.

07:33:47 It's going to be for dual diagnosis, people with substance

07:33:51 abuse who have comorbid impression, anxiety.

07:33:55 There's no such facility like that in the entire Tampa Bay

07:33:57 area and I hope with your permission we'll be able to help

07:34:00 our residents.

07:34:01 Thank you very much.

07:34:02 >>CHARLIE MIRANDA: Thank you very much, doctor.

07:34:03 Next, please.

07:34:04 >> Good evening.

07:34:09 Our mission is to provide a unique and personalized --

07:34:13 >> Excuse me, I need your name and address for record.




07:34:15 >> My name is Jackie crone.

07:34:18 My address is 19110 timberly road Tampa, Florida 33607.

07:34:25 My position is to provide a unique and personalized

07:34:27 residential --

07:34:29 >>THE CLERK: Pardon me, I am still timing the --

07:34:33 >>CHARLIE MIRANDA: After they say their name.

07:34:34 Don't start it before they say their name.

07:34:37 >>THE CLERK: Okay, this is not the public, this is still

07:34:39 the prevent petitioner's presentation?

07:34:41 >>CHARLIE MIRANDA: Two minutes which is 2 minutes 20 second

07:34:44 because we are not counting the name.

07:34:46 All right.

07:34:46 >> We are going to provide a compassionate program for

07:34:49 addiction and behavioral disorders.

07:34:53 Our philosophy is that helping people get well is a

07:34:56 privilege and an honor.

07:34:58 Approaching alcoholism, drug addiction, and mental health

07:35:01 issues as treatable diseases allows us to address the mind,

07:35:07 Beau body and spirit in a holistic way.

07:35:10 This holistic approach is aimed to restore physical and

07:35:14 emotional health and well-being.

07:35:16 And most importantly, to provide an opportunity for each

07:35:21 individual to reach their full human potential.

07:35:26 Our unique and individualized professional treatment

07:35:29 services are designed to meet the challenges of the




07:35:33 individuals suffering from substance abuse for co-occurring

07:35:39 problems.

07:35:39 The dual diagnosis treatment we specialize in includes but

07:35:43 is not limited to anxiety, depression, mood disorders,

07:35:48 personality disorders, pain management, and eating

07:35:51 disorders.

07:35:52 Comprehensive treatment therapies are personalized and

07:35:55 tailored to the underlying emotional dysregulation of each

07:36:00 patient.

07:36:01 Our unique one to four client Dr. Therapist ratio offers a

07:36:06 small, intimate recovery setting for dynamic, psycho

07:36:12 educational and psycho therapeutic individual and group

07:36:15 therapies to take place.

07:36:18 Traditional influence couples with current therapeutic

07:36:22 modalities is the structure of our program.

07:36:27 The multi-disciplinary therapy offered cognitive therapy,

07:36:36 behavioral therapy, meditation and several more.

07:36:42 Each of these modalities will offer psychological and

07:36:45 behavioral tools necessary for both lifestyles.

07:36:50 Our staff is made up of physicians, clinicians who have

07:36:53 many, many years of experience of helping patients place an

07:37:00 emotional, physical and spiritual -- replace the emotional

07:37:05 anxieties they are suffering from with a new optimism for a

07:37:08 life worth living.

07:37:12 >>CHARLIE MIRANDA: Thank you.




07:37:12 Next, please.

07:37:13 >> Good evening.

07:37:21 I am Althea, will be the marketing director for the

07:37:24 residential treatment program.

07:37:26 As the marketing director of the residential treatment

07:37:30 program I will be responsible for the planning, development

07:37:34 and implementation of marketing strategies, marketing

07:37:37 communications, and public relation activity.

07:37:41 This is an enormous responsibility because there are

07:37:43 countless people, many of them may be in your own family, or

07:37:49 a member of one of your close personal friends, that are

07:37:56 high functioning in many areas of their lives but are

07:37:59 silently suffering from the prison of addiction and they

07:38:03 need help.

07:38:05 This is an enormous responsibility because there are

07:38:07 countless people using drugs to mask the emotional torment

07:38:10 that they cannot -- the Sigma of emotional problems and

07:38:17 mental health issues are so monstrous that they cannot reach

07:38:20 out for help, and they need help.

07:38:22 My responsibility is enormous because I must convince you as

07:38:26 well as referral sources that there is help and hope

07:38:30 available in a refined and discreet facility.

07:38:34 Our job will be to help people that cannot help themselves.

07:38:38 And my background in the health care industry has afforded

07:38:41 me the opportunity to get to know many psychiatrists




07:38:45 throughout the state.

07:38:47 I will meet with these doctors, provide them with the

07:38:50 information they need so that they can refer their patients

07:38:53 to our program.

07:38:54 I will do so with many other professional organizations, and

07:39:02 many other professional settings.

07:39:04 We have an enormous responsibility ahead of us and we hope

07:39:08 that we can count on your support.

07:39:10 Do you have any questions?

07:39:14 >>CHARLIE MIRANDA: Ms. Capin?

07:39:16 >>YVONNE CAPIN: Here in the summary of request, it says

07:39:19 residents, 900 square foot, 21 bed, professional

07:39:27 residents.

07:39:28 Do they have 21 rooms?

07:39:30 >> I'm not familiar with the T facilities.

07:39:33 There are not 21 rooms.

07:39:35 But I will tell you is that --

07:39:39 [Sounding gavel]

07:39:40 >>CHARLIE MIRANDA: Please afford the opportunity.

07:39:41 I will not let this continue this way.

07:39:43 >> In similar facilities such as Sierra Nevada, it is not

07:39:50 uncommon for them they're to be two patients in one room.

07:39:57 >>YVONNE CAPIN: So how many rooms are there?

07:39:59 >> We believe this fleece there's 21, there's going to be 10

07:40:05 rooms.




07:40:08 >>YVONNE CAPIN: Thank you.

07:40:08 >> You're welcome.

07:40:11 Any other questions?

07:40:12 I would also like to add --

07:40:14 >>CHARLIE MIRANDA: I'm sorry.

07:40:15 There were no questions asked.

07:40:17 Unless another council member has a question.

07:40:19 Thank you very much.

07:40:28 >>JOHN GRANDOFF: Mr. Miranda, that summarizes our

07:40:30 presentation.

07:40:31 I would like to file with you and with the council and with

07:40:34 the clerk a couple of items just as housekeeping here.

07:40:40 And I have Jackie Crone's curriculum vitae, Althea Greco's,

07:40:49 and the written statement that Ms. Crone provided us.

07:40:55 If you will circulate them.

07:40:57 >>CHARLIE MIRANDA: We certainly will, Mr. Grandoff. Mrs.

07:41:10 Montelione?

07:41:11 >>LISA MONTELIONE: Mr. Grandoff, I do have a question.

07:41:15 Ms. Greco had mentioned that this would be a facility

07:41:19 similar to Sierra Nevada Hazleton.

07:41:22 I am not familiar with either of those.

07:41:24 But I think most of us are familiar with the Betty Ford

07:41:27 clinic or something, you know, of that nature that's really

07:41:31 high profile, within the news.

07:41:33 So I'm trying to grasp the clientele and the type of




07:41:40 facility.

07:41:42 We heard from Dr. Kaplan that it's not going to be a public

07:41:47 facility.

07:41:47 In other words, judges won't be remanding people there for

07:41:50 treatment.

07:41:51 They wouldn't be Baker Acted patients.

07:41:55 And I think unlike other hearings that we have, I think

07:41:59 identifying what the clientele would be going into some of

07:42:04 the concerns, and some of the criteria, are who these people

07:42:12 are, and what type of facility this is.

07:42:16 So I don't know if even we are permitted to ask what, you

07:42:20 know, the charge would be to a patient in this type of

07:42:24 facility.

07:42:25 I heard yoga mentioned.

07:42:26 I heard a lot of different therapies mentioned.

07:42:29 So is this like the Betty Ford clinic?

07:42:35 >>JOHN GRANDOFF: Your question lasered right in on the

07:42:38 issue.

07:42:39 This will not be government assistance.

07:42:40 This will be a for-profit business.

07:42:43 To answer your question correctly, I would like Dr. Kaplan

07:42:47 and Ms. Drone step forward to explain to you what clientele

07:42:51 will be there.

07:42:52 Please come forward.

07:42:54 Jackie?




07:42:55 >>CHARLIE MIRANDA: Here we go.

07:42:56 >> So the facility will be similar to Betty Ford.

07:43:01 >>CHARLIE MIRANDA: One minute.

07:43:02 No more.

07:43:02 >> It will be similar to a Betty Ford type of clinic.

07:43:05 These are voluntary patients.

07:43:06 They suffer from some type of addiction, usually alcoholism.

07:43:11 In the State of Florida we have a big problem about with

07:43:13 narcotic dependence, some people with cocaine problems.

07:43:17 The difference is that Betty Ford does not provide much care

07:43:21 for their depression, for their anxiety, and almost every

07:43:25 patient with an addiction problem has -- we will specialize

07:43:30 in the diagnosis.

07:43:30 These are professional -- a lot of patients are

07:43:33 professionals.

07:43:34 Impaired physicians, impaired attorneys.

07:43:37 Some will be spent from state organizations that deal with

07:43:40 impaired professionals.

07:43:42 They are hard working people.

07:43:43 They are fathers.

07:43:45 They are mothers who happen to suffer from these illnesses.

07:43:48 And the reason they are placed in a place like we are

07:43:51 recommending is outside of a facility they can't make it.

07:43:55 They keep relapsing.

07:43:57 They find a way to get to drugs.




07:43:59 Sometimes maybe suicidal.

07:44:01 They may mix drugs with alcohol, et cetera.

07:44:04 So in a facility where they can't get substances there's a

07:44:08 much better chance of helping them get well.

07:44:10 >>LISA MONTELIONE: Thank you.

07:44:13 That's what I was trying to understand.

07:44:14 Because I think a big component is the potential for the

07:44:18 safety and crime in the areas increase.

07:44:22 So these aren't people who are stealing watches in order to

07:44:28 pay for drugs, if we are talking about impaired physicians

07:44:31 and impaired attorneys.

07:44:32 >> These are hardworking people who are not criminals.

07:44:38 They suffer from an illness.

07:44:40 They are not violent.

07:44:41 >>LISA MONTELIONE: Thank you.

07:44:48 >>JOHN GRANDOFF: Any other questions, council?

07:44:50 Thank you.

07:44:50 And I reserve the remainder of my time for rebuttal.

07:44:54 >>CHARLIE MIRANDA: You have rebuttal for five minutes.

07:44:56 Yes, sir.

07:44:57 We go to the public segment.

07:44:58 Anyone in the public cares to speak at this time.

07:45:00 I know there's some individuals outside who are also here

07:45:03 that their names may be -- [ Applause ]

07:45:09 [Sounding gavel]




07:45:09 Please.

07:45:09 I am going to ask you if you keep on clapping to be removed.

07:45:13 I run the meeting this way.

07:45:14 Please be generous to whoever is in front of you on both

07:45:17 sides.

07:45:17 >> My name is Kathryn Echevaria 1, north Beverly Avenue

07:45:26 which is in Oakford Park.

07:45:29 I have heard so many comments about, you know, people with

07:45:32 different needs, need different things.

07:45:36 What about the people in oakford park?

07:45:39 We have been living there for decades.

07:45:42 You probably got behind me a thousand years of Oakford Park.

07:45:47 That's our CV.

07:45:52 I have something on the Elmo.

07:45:53 Oh, you can see it?

07:45:56 Just to give it in context, you see the facility -- Lincoln

07:46:04 is not quite that wide.

07:46:05 But there's homes right across the street from it.

07:46:09 When you look at it house by house, or where they were

07:46:12 showing you, you don't realize, this is a neighborhood, and

07:46:14 there's kids in those houses, there's school bus stops on

07:46:18 that street.

07:46:19 So it's stable, urban neighborhood of your almost inner

07:46:26 city, because the downtown has expanded so much.

07:46:30 It's consistently demonstrated family values.




07:46:34 That the city can be proud of.

07:46:36 So I'm asking you to vote against allowing special use of

07:46:40 the property and question.

07:46:44 The residential quality of our lives would be destroyed,

07:46:50 especially for the ones who live right by this facility.

07:46:54 We heard so much compassion about people with illnesses.

07:47:00 Well, we are people, too.

07:47:03 And any type of a residential facility is going to bring

07:47:08 dozens of people into our neighborhood living in one

07:47:13 building 24/7.

07:47:17 21 patients, and 5 staff, that's not normal for a

07:47:23 neighborhood to have a home of 25 unrelated people living

07:47:28 there.

07:47:29 So please don't sacrifice our quality of life.

07:47:34 At our meeting the other night, we had a volunteer say that

07:47:38 he would come and say a few word.

07:47:40 He has had some experience with this.

07:47:42 So I have Mr. Eddie Diaz, and I have the -- thanks.

07:47:54 >>CHARLIE MIRANDA: And before Mr. Diaz speaks, anyone else

07:47:57 who has a waiver form, before you speak bring the waiver

07:47:59 form to Mr. Martin Shelby right here.

07:48:02 >>MARTIN SHELBY: Mr. Chairman, this is for Mr. Diaz if your

07:48:07 name is called, the best that I can, please.

07:48:12 Carol panhander?

07:48:15 Okay.




07:48:16 Amelio Echevarria?

07:48:21 Echevarria?

07:48:28 Gilbert Martinez?

07:48:29 Thank you.

07:48:30 Lori Welch?

07:48:32 Yvette Denum?

07:48:38 Juan Churrvca?

07:48:40 And Juan Churrvca II?

07:48:49 I see, thank you.

07:48:51 Eric Diehm?

07:48:56 You may be speaking.

07:48:57 >> Well, we are going to take a minute away.

07:48:59 >> So you choose to speak.

07:49:01 >> Yes.

07:49:05 >>MARTIN SHELBY: Okay.

07:49:07 Jose Perez.

07:49:09 I see you.

07:49:09 And thank you.

07:49:14 Louis Velle?

07:49:18 I see, thank you.

07:49:19 I have nine names, Mr. Chairman.

07:49:25 And that would be actually -- actually a total of ten

07:49:28 minutes.

07:49:29 >> Thank you, council.

07:49:31 Eddie Diaz, 301 N. Braxton Avenue, a resident of Oakford




07:49:35 Park.

07:49:36 I was attending a meeting for the first time ever at the

07:49:39 homeowners association, and the conversation started to

07:49:47 evolve into an emotional type meeting and I tried to explain

07:49:50 to them as a former chairman of board of adjustments and

07:49:53 sitting in your position as kind of a judge.

07:49:56 Your job is to judge on facts.

07:49:58 So I'm here to quickly, and as prudently as I can, ask

07:50:04 questions that may or may not be germane, but based upon

07:50:07 reading the ordinances.

07:50:08 I have questions that I don't have answers to, and I need

07:50:12 clarification.

07:50:13 And I would hope that you would get answers for me.

07:50:17 The neighborhood, one of the things that I learned a long

07:50:20 time ago, the neighborhood was never given the courtesy by

07:50:26 any one of the petitioners to meet with us.

07:50:29 We have had a meeting as an organization.

07:50:34 Only until they heard there was opposition did they even

07:50:37 attempt to try to get a quick meeting.

07:50:39 Then they knew what they were going to be dealing with.

07:50:43 When Wawa came in, we had the meeting with them.

07:50:46 I mean, so they had the courtesy to talk with us.

07:50:50 So obviously that sets the tone to their intent is not

07:50:55 necessarily work with us but just to shove their services

07:50:57 down our throat with which, for the record, understood.




07:51:03 When this is over I may neat. With this being said I want

07:51:08 to make a couple of public comments, and I am going try to

07:51:10 stick to the ordinances and question of clarification.

07:51:14 If I am incorrect, please ask staff.

07:51:17 One of the first things, I know it's some it's on public

07:51:22 records -- and I don't know if you can tell -- but according

07:51:25 to the public records, there's 6090 square feet according to

07:51:33 public records of patients.

07:51:34 But where did the other 2,000 square feet come from?

07:51:38 When was that added?

07:51:40 The public record says there's only 6097 square feet AC.

07:51:45 So alone they are expanding what the original was house was.

07:51:49 And I was there when the house was built and the intent was

07:51:51 to bring in some elderly parents to take care of them till

07:51:55 they passed then the person went into bankruptcy and it

07:51:58 evolved from there.

07:51:59 >>CHARLIE MIRANDA: Stop the clock please.

07:52:01 Mrs. Mulhern.

07:52:01 >>MARY MULHERN: I have a quick question.

07:52:03 That building was originally a house?

07:52:05 >> Yes.

07:52:06 It's always been a house.

07:52:07 To take care of their elderly parents.

07:52:09 I talked to the builder himself?

07:52:13 >> All right.




07:52:13 With that being said I wanted to clarify.

07:52:15 That I am not going to reiterate some of the stuff that's

07:52:18 already been said by counsel, but basically as you guys

07:52:22 noted you have to take into consideration the public

07:52:24 interest.

07:52:24 Okay.

07:52:25 This isn't a given right.

07:52:26 It's a request.

07:52:28 They don't have the right to put it in there.

07:52:30 They have the right to ask for it.

07:52:32 That's what this is for.

07:52:35 I want to clarify in one of the definitions, special use

07:52:40 procedures for submission and consideration and

07:52:43 consideration by City Council is intended that the S 2

07:52:46 special use permit be required with specified use or

07:52:50 occupancy involving matters deemed to be city-wide, and area

07:52:54 wide, in importance.

07:53:00 It has to be important.

07:53:02 City Council has the sole responsibility for the decision

07:53:04 for all the applications for a special use, not staff, not

07:53:10 anybody else.

07:53:10 You all have to make the decision.

07:53:12 So whatever they say, it's a consideration on you all.

07:53:21 Standards.

07:53:21 Except otherwise the following general standards shall be




07:53:24 met with all applicable special uses.

07:53:27 The use shall ensure public health, safety, general welfare.

07:53:32 Hmmm.

07:53:33 Don't know where that's at.

07:53:34 It's located with the proposed development and operating

07:53:38 according to the plans submitted, which again we haven't

07:53:40 been shown.

07:53:41 Nobody has contacted.

07:53:43 This is how many beds?

07:53:44 So on and so forth.

07:53:46 How it's going to operate.

07:53:47 How are you going to protect us?

07:53:50 So the use of the property as said fits within the

07:53:55 comprehensive plan?

07:53:56 I agree.

07:53:57 It's basically, if you look at your zoning code, it's an

07:54:03 existing house now with six residents in there.

07:54:05 Don't even have to ask permission.

07:54:07 They go to S-1, they go eight or nine.

07:54:11 They go to S-2 they can go to the 21. So they are asking

07:54:14 for the top density level when they can do it with six

07:54:16 people.

07:54:16 I can't handle the economics.

07:54:18 And we are not asking you to make a decision whether it

07:54:20 should be or not.




07:54:21 We are saying they don't need to increase the intensity.

07:54:32 Then the other part to this is of course does this really

07:54:35 help the neighborhood?

07:54:36 Is that a good transition period?

07:54:38 Again, understand -- I know, I have been there, but the

07:54:43 reality is, having this kind of problem is not necessarily

07:54:48 to the best interest of the neighborhood.

07:54:50 We know the services are needed.

07:54:52 We know that their intent is not to harm.

07:54:56 But it still boils down is it the right place at the right

07:55:00 time?

07:55:01 I want to go over a couple of things that I found in

07:55:05 evaluating the reports given by staff.

07:55:16 On the public sign they list all the reports.

07:55:17 And one of the things that is required for this type of use

07:55:21 is that shall not exceed within 2,000 feet.

07:55:28 I don't know if you can tell by the size of this, but their

07:55:32 reports --

07:55:34 >>CHARLIE MIRANDA: That's backwards.

07:55:36 >> And upside down.

07:55:38 There you go.

07:55:38 >> If you can zoom in, basically everything done was done on

07:55:43 a 1,000-foot radius.

07:55:45 They didn't do an appropriate search.

07:55:48 Okay?




07:55:50 They only did 1,000.

07:55:53 All right.

07:55:57 I have basically taken the same database that they use, and

07:56:00 the only thing I found is one assisted living facility.

07:56:09 Base think there's 5,280 feet in a mile.

07:56:13 The code says 2,000 feet.

07:56:15 So this particular assisted living facility is a quarter

07:56:18 mile away, which is roughly 1300 square feet.

07:56:25 So, again, comparisons are only as good as the information

07:56:29 given.

07:56:30 He says this information provided is up to date.

07:56:34 Who says that there isn't other criteria which I will show

07:56:39 you in a minute that also would falsify the use of this.

07:56:43 So, you know, again, staff needs to go out in the field and

07:56:47 double check residents and find out how many people are

07:56:51 running duplexes in their houses.

07:56:53 The point is there's a lot of criteria to go through this.

07:56:56 Just because a computer says it doesn't make it right.

07:57:04 All right.

07:57:08 Whether the proposal would have adverse, we talked about.

07:57:11 This under the designation of residential facility, as per

07:57:15 code book, it states that if the definition is intensive,

07:57:21 diagnostic therapy services, it's not a residence house.

07:57:27 It's intensive diagnostic therapy, therapeutic -- I can't

07:57:31 even say the word.




07:57:33 All right.

07:57:34 Now, in the code, it starts to talk about the definition of

07:57:40 congregate living, that you can't be within a certain area

07:57:43 of congregate living.

07:57:45 Well, I have a discrepancy on that.

07:57:47 And that discrepancy is under the definition of cognitive

07:57:50 living, and in your chart showing the zoning requirements,

07:57:56 single-family is considered congregate living.

07:58:00 So that's contrary to what it says that you are not supposed

07:58:03 to have.

07:58:05 So again, I am not staying I'm right.

07:58:07 I'm raising a question, based upon reading what's in black

07:58:11 and white.

07:58:12 So, again, staff needs to explain and be a little more

07:58:16 definitive where the definition congregate living rules out

07:58:20 single-family.

07:58:24 All right.

07:58:25 I'm just going to basically try to wrap it up and bring up a

07:58:29 couple of points.

07:58:33 When it was zoned RO, I purchased a piece of property in

07:58:38 Mississippi that was originally -- I hate to admit it, but

07:58:42 it made caskets on the property.

07:58:48 My family bought it, built some town homes, and that's when

07:58:51 they down disowned and they made our property RO 1 because

07:58:55 we wanted the option of as many -- because it was bought




07:58:58 with a commercial intent, we wanted the option to keep it so

07:59:02 RO 1 was the perfect solution.

07:59:05 I'm I was so happy to live in it for 26 years and run my

07:59:08 real estate office out of it but it was all code.

07:59:11 So that works fine.

07:59:13 Under the city code definition of status -- of that RO 1 and

07:59:18 RO, and CN criteria, states, which balances the need of

07:59:25 nonresidential use in in-fill while protecting the

07:59:29 surrounding neighborhood and adjacent residents to recognize

07:59:34 under conditions and encourage rehabilitation of existing

07:59:37 structures and development.

07:59:40 All right.

07:59:41 So the purpose of this chapter, residential treatment

07:59:44 center, any residential established other than a hospital or

07:59:48 nursing home, provided relative intensive diagnostic

07:59:52 service.

07:59:53 >>CHARLIE MIRANDA: All right, thank you.

07:59:55 Next, please.

08:00:10 >>MARTIN SHELBY: Two names.

08:00:12 Mike Baluja.

08:00:15 >> I'm Cynthia Baluja.

08:00:16 My husband is Mike.

08:00:17 >> And Minta Moran.

08:00:21 That's two additional for a total of five.

08:00:24 >> Good evening council members and my fellow oakford park




08:00:29 residents.

08:00:29 My name is Cynthia Baluja, I reside at 611 north Lincoln,

08:00:35 Tampa, Florida 33609.

08:00:37 And I have been sworn.

08:00:40 My home sits catty-corner to the property at 804 north

08:00:45 Lincoln, and I am also within 250 feet of the property that

08:00:52 that 3303 West Lemon Street.

08:00:55 I'm here today as a 25 year resident of oakford park.

08:00:59 I am also here to oppose the special use that's being

08:01:04 requested for the property on Lincoln and the property on

08:01:07 lemon.

08:01:08 The reasons for my opposition, it's really quite simple.

08:01:13 This is my neighborhood.

08:01:15 This is where I live.

08:01:16 This is write chose to build my home.

08:01:19 This is where I continue to choose to raise my children and

08:01:24 now my grandchildren.

08:01:28 To allow anything on those properties other than family

08:01:31 homes, it's really not conducive, it's not complimentary,

08:01:37 it's not compatible, and it's certainly not consistent with

08:01:41 their neighborhood of oakford park.

08:01:44 We feel the character of our neighborhood would be

08:01:47 negatively impacted, if anything other than a family home

08:01:51 would be allowed on that property.

08:01:54 What you council members do not understand is when we, the




08:01:59 residents of oakford park, there was a beautiful little

08:02:02 yellow house with literally a white picket fence on that

08:02:06 property.

08:02:07 It was torn down to build a 6,000 square foot structure with

08:02:13 a price tag of over a million dollars.

08:02:16 No disrespect to my neighbors.

08:02:17 None of us live in a million dollar home on Lincoln.

08:02:20 So when that property went up for sale, we all raised a few

08:02:26 eyebrows.

08:02:27 What is this?

08:02:27 What home on Lincoln has seven bedrooms, seven bathrooms,

08:02:32 seven individual air conditioning units, seven different

08:02:42 closets, so I asked the owner of that property and said,

08:02:45 what are you building here?

08:02:47 So she tells me, I'm building a home.

08:02:48 Building a beautiful home in your neighborhood.

08:02:50 I said, really?

08:02:51 So this is the MLS listing of that property on Lincoln.

08:02:57 Okay.

08:02:57 It is described as a distinctly bold design that evokes the

08:03:03 passion and grateful style of the Greek aisles.

08:03:08 This exquisite building provides a sanctuary for a large

08:03:11 family.

08:03:13 Okay?

08:03:14 It offers seven bedrooms and seven bathrooms.




08:03:17 Even though the marketing director didn't realize there's

08:03:20 seven bedrooms and seven bathrooms.

08:03:22 Okay.

08:03:24 The interior feature, the feature only adds to this home,

08:03:29 uniqueness and charm.

08:03:31 Do I have to go on?

08:03:33 We have been Shanghai Anthony McFarland property for

08:03:36 almost seven years now.

08:03:38 This property has gone through foreclosure, I do believe

08:03:42 twice.

08:03:43 It's never had any resident in it.

08:03:46 No one.

08:03:48 Mr. Grandoff comes over here and tells us how he's going to

08:03:51 beautify my neighborhood.

08:03:53 Now please don't get me wrong.

08:03:55 I have no problem with people needing rehabilitation.

08:03:58 When I lost my daughter, I needed help.

08:04:03 I don't have a problem with.

08:04:04 That my problem is this is not where it needs to be.

08:04:07 Told me that it's going to beautify my neighborhood because

08:04:09 he's going to put some landscaping.

08:04:11 Okay.

08:04:12 First of all, we need to take a field trip.

08:04:14 That property sits almost on the curb.

08:04:18 There is no room for landscaping except for in the middle of




08:04:21 the courtyard that never got finished.

08:04:24 There was supposed to have been a pool put in there, for the

08:04:27 large family that needed seven bedrooms and seven bathrooms.

08:04:31 Okay?

08:04:31 Now listen, the house on lemon, cute little house.

08:04:36 They tore it down.

08:04:37 They tore it down.

08:04:39 They bought it.

08:04:39 They tore it down because that's their access to make their

08:04:43 parking lot.

08:04:44 Now, guys, all due respect, all due respect here, it's not a

08:04:50 21 bed facility of any kind.

08:04:53 It is not conducive to my neighborhood.

08:04:55 Let me tell you why.

08:04:57 That residential treatment facility will be open 24 hours a

08:05:00 day.

08:05:01 Do I get an extra minute?

08:05:02 >> You have 30 seconds.

08:05:05 >> Open 24 hours a day seven days a week.

08:05:08 It's never going to shut down.

08:05:09 When everybody else gets to go home at night, guess where I

08:05:12 get to go.

08:05:13 I goat sit there and look at it.

08:05:15 Seven days a week, 365 days a year.

08:05:19 What about all of the people that are going to have to come




08:05:21 and check that facility?

08:05:23 The other thing is this.

08:05:24 They want to talk about rehabbing and being able to help

08:05:29 people with impression and all that.

08:05:30 Now what?

08:05:31 They take drugs.

08:05:32 How long do you think it's going take somebody to break into

08:05:35 that building because they are looking for drugs?

08:05:38 >>CHARLIE MIRANDA: Thank you very much.

08:05:38 >> Come on!

08:05:40 >>CHARLIE MIRANDA: Thank you very much.

08:05:42 Next, please.

08:05:45 Next.

08:05:56 >>MARTIN SHELBY: Ms. Frisco has seven names.

08:05:59 Joan Winters.

08:06:00 Thank you.

08:06:00 Marlene Capdevila.

08:06:04 Antonio Castellano.

08:06:09 Thank you.

08:06:09 Jamie Bechtel.

08:06:12 Dora Noto.

08:06:15 Francisco Capdevila.

08:06:20 And Angela Genco.

08:06:23 Thank you.

08:06:24 Seven names.




08:06:25 Seven additional minutes for a total of ten.

08:06:26 >> Hopefully, I won't need it all.

08:06:28 Thank you.

08:06:29 Good evening, Chairman Miranda and council.

08:06:32 My name is Darlene D. Frisco, born in Ybor City but raised

08:06:36 in West Tampa.

08:06:37 My home address is 6918 north gunlock Avenue Tampa, Florida

08:06:42 33614 and I have been sworn in.

08:06:45 As a current resident I am here today, the decision of lodge

08:06:51 number 1251, also known in the Tampa area as Sons of Italy

08:06:56 not to be confused with the Italian club in Ybor City.

08:06:59 We are affiliated with the Sons of Italy in America which

08:07:03 maintains the largest membership of Italian Americans in the

08:07:07 United States.

08:07:07 Our chapter was formed in Ybor City in 1923 with former

08:07:12 members of the Italian club.

08:07:14 We have been at our current location, 3315 West Lemon

08:07:17 Street, for 50 years.

08:07:21 Mayor Nuccio helped us at the time with the ground breaking.

08:07:24 We are celebrating our 90th anniversary Saturday,

08:07:27 October 19th at our lodge.

08:07:29 90 years.

08:07:30 Your decision when made will determine how many more years

08:07:34 we have left.

08:07:35 I have been an active member and officer for almost 30




08:07:38 years.

08:07:39 As a young teen, I attended dances at the Sons of Italy with

08:07:42 my classmates.

08:07:43 My sister is a past Queen Izabella of the Columbus, who also

08:07:49 had their events at the Sons of Italy.

08:07:52 Many of my family and friends have been members and officers

08:07:55 over the years.

08:07:55 It is part of my life as it is to hundreds of others.

08:08:00 The Sons of Italy have been active to the city and

08:08:07 community.

08:08:07 We have worked hard to be good members.

08:08:11 Annually, we give out anywhere from three to five

08:08:15 scholarships to local high school students. In my 30 years,

08:08:17 that would be approximately $100,000.

08:08:21 We donate quarterly to the cancer society, anemia,

08:08:26 Alzheimer's and two years ago added autism. In 30 years we

08:08:30 have donated easily over 60,000 to these charities.

08:08:33 We currently co-host the annual feast of St. Josephs, family

08:08:40 and friend, and how about some past mayors?

08:08:44 Sandy Freedman, Pam Iorio and current Mayor Bob Buckhorn.

08:08:49 Our city fire chief, sheriff deputies and entertainment.

08:08:55 We have raised thousands of dollars and all proceeds go to

08:08:58 benefit the MacDonald Traiining Center.

08:09:02 Annually we allow the children of some of our bingo patrons

08:09:05 to sell their Girl Scout cookies.




08:09:08 You should see what they created.

08:09:10 They get experience selling and raising money for Girl

08:09:12 Scouts in the state and shelter environment.

08:09:15 Annually, we co-host a back to school event with the West

08:09:18 Tampa women's group.

08:09:20 We collect backpacks and many school supplies for West Tampa

08:09:24 elementary formerly known as one of my Alma matters, a

08:09:30 school that I understand is always in great need of support.

08:09:33 The Columbus association of Tampa incorporated celebrates

08:09:37 Columbus day at the Sons of Italy hall now.

08:09:40 We heard a few years ago that there was difficulty with

08:09:43 parking at the original site so we offered our building and

08:09:45 parking lot.

08:09:46 We now all share a lovely ceremony and commemoration out of

08:09:51 the elements.

08:09:53 At Thanksgiving and Christmas we have our food drive for

08:09:56 needy families and tour donations for needy children.

08:10:00 These are just some of the things that we do to support our

08:10:03 city and our community.

08:10:05 What impact will your decision have on all these noble

08:10:09 efforts?

08:10:10 Our building and our property.

08:10:12 The wonderful building we have requires upkeep.

08:10:16 We have worked diligently to be good neighbors.

08:10:18 We maintain our building and property in good order inside




08:10:21 and out.

08:10:22 And as with any repair and upkeep it takes money.

08:10:26 We raise money income in two ways, bingo and rental.

08:10:31 We provide bingo every Monday night of the year except of

08:10:34 course when we have a hurricane.

08:10:36 Even then our bingo players don't want to want us to close.

08:10:41 Many arrive around 2, 2:30. Bingo doesn't start till 6:20

08:10:45 because this is their main social outlet for the week.

08:10:48 There is no paid staff for bingo.

08:10:50 We are all members who volunteer our time to benefit the

08:10:53 sons of lit and I its patrons and charity.

08:10:56 We also rent our home for weddings, wedding receptions for

08:11:01 big parties, anniversaries and business meetings to name a

08:11:04 few.

08:11:04 Keep in mind that most of the people who rents from us are

08:11:07 middle to low income.

08:11:08 We provide good and fair service and have repeat rentals as

08:11:11 a result.

08:11:12 Without bingo and rental income, we would not be able to

08:11:15 maintain our facility and property.

08:11:18 We have lost the West Tampa chamber building in the West

08:11:22 Tampa area.

08:11:23 We do not want to lose the Sons of Italy building.

08:11:26 Our membership activities include our monthly themes and

08:11:31 dances as well as Christmas and New Year's event.




08:11:33 My office staff is there Monday through Friday, 9 a.m. to

08:11:36 noon.

08:11:36 My members have their social every Friday night.

08:11:40 We hold Italian cooking classes and Italian language

08:11:46 classes.

08:11:47 We are a vibrant thriving organization.

08:11:49 We have a busy calendar and active members. In closing

08:11:52 council members, I am not here to debate what will or.

08:11:56 I am not here to say anything bad will happen but it could.

08:11:58 It will take only one incident to create a negative

08:12:01 perception.

08:12:02 Even talk about what might happen is already creating

08:12:06 concerns among my members and my renters.

08:12:09 I am here to convey my objection and concerns to anything

08:12:13 that would jeopardize the future of the Sons of Italy's

08:12:17 existence, it's hall, it's members, it's patrons and its

08:12:21 members.

08:12:22 I am here to ask this council to do the right thing --

08:12:25 protect the future of my organization and all that we do.

08:12:29 My thanks for your time and attention.

08:12:34 >>CHARLIE MIRANDA: Thank you.

08:12:34 Next, please.

08:12:37 >> My name is Tony Scaglioni.

08:12:54 I stand before you this evening, council members -- I reside

08:12:56 at 3419 West Cass Street.




08:12:59 Immediately adjacent to the area around the property in

08:13:04 question.

08:13:06 I'm very concerned about all that I am hearing here today,

08:13:11 and the passion of the community speaking out.

08:13:16 I'm very proud of that.

08:13:20 I grew up -- grandmother, father, brothers, many of them

08:13:30 there.

08:13:30 Bring back a lot of memories.

08:13:35 This is a community of hard working people who are dedicated

08:13:40 to restore their neighborhood for the future generations.

08:13:47 We are a community that is committed to continuing the

08:13:51 culture and traditions of creating a neighborhood with

08:13:55 potential.

08:13:59 This special use request is not consistent nor compatible

08:14:04 with this community's goals, and vision, and I ask that you

08:14:12 support us in understanding our compassion for our

08:14:17 community.

08:14:20 Thank you.

08:14:22 >>CHARLIE MIRANDA: Thank you very much.

08:14:22 Next, please.

08:14:35 >> Good evening.

08:14:46 >>CHARLIE MIRANDA: Just one second.

08:14:47 One second.

08:14:47 >>THE CLERK: Would you like me to read it?

08:14:55 >>CHARLIE MIRANDA: Wow.




08:15:00 Michael Meyer?

08:15:01 Paula Hardwick?

08:15:03 Anyone in the hallway?

08:15:06 Subway?

08:15:07 Anywhere?

08:15:09 >> Is it a husband and wife?

08:15:12 They just left.

08:15:12 >> Michael Lopez and Walter Lopez.

08:15:16 Michelle.

08:15:17 >> The couple, they just left.

08:15:20 >>CHARLIE MIRANDA: Okay, we are going to have to scratch

08:15:21 them out.

08:15:22 I'm sorry.

08:15:22 >> I pretty much just --

08:15:28 >>CHARLIE MIRANDA: Walter Lopez is your name, sir?

08:15:30 >> Yes.

08:15:31 >>CHARLIE MIRANDA: Is your wife here, sir?

08:15:35 That's Michael Lopez.

08:15:37 I'm sorry.

08:15:37 Jacqueline -- is it Garcia?

08:15:43 There she is.

08:15:48 R.L -- I can't even read my own writing.

08:15:53 Cruz, or Cueto?

08:15:58 Somebody.

08:15:59 One second.




08:16:01 Deborah Gonzalez?

08:16:04 So I believe you have four -- five, and three is eight.

08:16:09 >> Good evening.

08:16:16 I live at 803 north Lincoln Avenue.

08:16:19 I live directly in front of the facility.

08:16:23 Not the parking but right in front of it.

08:16:25 >> If you could state your name for the record.

08:16:27 >> Calesia Jacobson. My family has owned that particular

08:16:32 house for 24 years.

08:16:35 My grandparents lived there.

08:16:36 My father lived there.

08:16:38 I have lived there.

08:16:39 My children have lived there.

08:16:40 My grandchildren come there.

08:16:42 My nieces and everybody.

08:16:43 We love our neighborhood.

08:16:45 And we do not feel that this is compatible to our living,

08:16:53 our area.

08:16:55 Right now, you all currently approved a two-story building

08:16:59 on Himes Avenue that already takes away -- there's four

08:17:02 homes.

08:17:03 Four of us together.

08:17:04 And I'm right next to the corner house.

08:17:06 And my property is two stories high and not a single one of

08:17:09 us have any privacy at all in our backyard because of this




08:17:14 office that has been approved.

08:17:15 Now we have to deal with this drug rehab center that they

08:17:19 are wanting to bring onboard.

08:17:21 My concern is, we will never know who or what type of people

08:17:25 come through there.

08:17:26 I understand that everybody at times needs help.

08:17:30 And we are not opposed to that.

08:17:31 I wish for everybody to have help.

08:17:33 But our neighborhood is not compatible for this.

08:17:36 I feel like -- I'm sorry, I'm just a little tired here.

08:17:44 I never thought that this was going to happen for the simple

08:17:47 fact that there's absolutely no parking for people there.

08:17:51 Now that they have taken the little home off of lemon

08:17:53 street, they are going to make a little parking lot there,

08:17:56 there's no way that can be big enough for visitors and all

08:17:58 of that.

08:17:59 There will be parking in front of my house.

08:18:01 This facility like Cindy said will be 24 hours a day, seven

08:18:05 days a week, 360 -- 365 days a year. I want to continue

08:18:13 living here.

08:18:14 I am a City of Tampa employee.

08:18:15 I have been working for the city for 28 years.

08:18:17 This is why I continue top stay here.

08:18:19 But to be honest with you, I am getting to a point where I

08:18:21 feel like I'm being forced out, because I don't have no




08:18:26 privacy anymore.

08:18:27 My neighbors don't have any privacy.

08:18:29 And now we have to worry about what may come out of this.

08:18:39 I don't know if we are going to be able to -- if you are

08:18:43 going to have enough time for everybody to speak.

08:18:46 I know we are pretty much going to say the same thing.

08:18:49 But I would wish that you would allow everybody, and if not

08:18:54 with F we could have a continuance of maybe us as a

08:18:57 community --

08:18:58 >>CHARLIE MIRANDA: No, no, no.

08:18:59 Everybody is going to speak if I have to turn two ears over.

08:19:05 [ Laughter ]

08:19:05 >> Well, I'm sorry.

08:19:07 Okay.

08:19:07 That's all I have to say.

08:19:09 I just want to say, I am opposed to that being there.

08:19:13 >>CHARLIE MIRANDA: So you live on the eastern side of

08:19:15 Lincoln between yourself and the empty lot on cypress?

08:19:18 >> I live directly in front of it.

08:19:21 I'm on the east side on north Lincoln.

08:19:27 >>CHARLIE MIRANDA: The empty lot between you --

08:19:29 >> Next to me --

08:19:31 >>CHARLIE MIRANDA: You bought the house with the little

08:19:32 pool?

08:19:33 >> No.




08:19:33 They are right next to me, the corner house next to me.

08:19:36 >>CHARLIE MIRANDA: I got it.

08:19:37 Thank you.

08:19:37 >> If I can ask, that's the house shown on the site plan

08:19:44 that says this is not included?

08:19:47 >>CHARLIE MIRANDA: No.

08:19:49 This is across the street.

08:19:51 The house you are thinking about is on lemon, I believe,

08:19:54 Mrs. Montelione.

08:19:54 >> Actually, I have a picture right here if I can show it to

08:20:00 you, from my driveway.

08:20:02 I don't know how to do this.

08:20:09 That is me in front of my house.

08:20:11 That is the building right there.

08:20:13 Okay?

08:20:15 >>CHARLIE MIRANDA: Thank you very much.

08:20:16 Appreciate it.

08:20:16 Next, please.

08:20:23 >> My name is Clarisa Lopez Gloger. I live at 5020 Homer

08:20:28 Avenue, and I have been sworn in.

08:20:30 My family home is actually right next door to the one she's

08:20:34 talking about directly across the street.

08:20:36 I just want to make a few points.

08:20:37 Mr. Grandoff did a wonderful job talking about how they met

08:20:41 their criteria, you know, like parking lots and parking




08:20:45 spots.

08:20:45 But the one thing that he needs to prove -- and I don't

08:20:48 think he can -- is that it is compatible and consistent with

08:20:51 the neighborhood.

08:20:53 With oakford park.

08:20:55 I can assure you, a sure you, it is not compatible with my

08:20:58 family home across the street.

08:21:00 It is not compatible with the family home that is to the

08:21:04 south of it or anyone else in that neighborhood.

08:21:08 It is not consistent.

08:21:12 Another thing I just wanted to touch on, because someone

08:21:14 brought it up, the type of person that would be attending

08:21:18 this facility.

08:21:21 I think it's Dr. Kaplan that said it will be professional

08:21:24 coming, you know, doctors and lawyers.

08:21:27 I can assure you, this is for-profit.

08:21:29 It's not going to be a criteria check professional.

08:21:33 It is going to be anybody that could pay to come in. So

08:21:36 that will include thieves, criminals, and anything else.

08:21:41 And you are bringing them into our neighborhood.

08:21:44 And it is right next door single-family homes.

08:21:47 So I just said -- and beg and plead that you look into this.

08:21:53 They talked a lot about all the commercial property that

08:21:56 attaches to it.

08:21:56 The commercial property on cypress.




08:21:58 This house is on Lincoln.

08:22:00 Lincoln has houses across the street next door.

08:22:04 This is a neighborhood.

08:22:06 Thank you.

08:22:09 >>CHARLIE MIRANDA: Thank you very much.

08:22:10 Next, please.

08:22:10 >> Good evening.

08:22:16 My name is Frank Giglio, 302 N. Mastanzas Avenue.

08:22:25 I was going to say good evening to Chairman Miranda.

08:22:27 >>HARRY COHEN: He will be right back.

08:22:29 >> I'm speaking in my experience with clients, one client's

08:22:36 individual needs with the residential treatment program.

08:22:39 I am in the music industry and have been for 30 years, and I

08:22:43 manage musical artists, and I produced concerts and musical

08:22:46 events.

08:22:47 One of my clients -- and I am not going to -- reserve

08:22:52 anonymity to him because it was on national television --

08:22:56 drew Arthur has been addicted to opiates, probably for ten

08:23:01 years of his 24th year, this year he's 24 years old.

08:23:07 His parents have spent over a half a million dollars in

08:23:13 residential treatment centers as of these for-profits to

08:23:17 help him.

08:23:18 Last year, along with his mother, I submitted and he was

08:23:23 accepted on VH-1's Dr. Drew's program.

08:23:30 Dr. Drew is probably the most well-known psychiatrist in




08:23:33 regards to psychological and addictive -- drug addicted

08:23:39 clients in the world.

08:23:41 He was kicked out of the center, and when these clients are

08:23:46 kicked out of the center, it's a big production.

08:23:48 They call the police, they call the ambulance.

08:23:50 I don't know what their policy is.

08:23:53 The bottom line here is that the residential treatment

08:23:58 centers, which he had been in so many of them across the

08:24:03 country, a lot of first-class residential treatment centers,

08:24:08 they can't guarantee the psychological demeanors of their

08:24:13 clients, and therefore they cannot control their action.

08:24:16 And on that, I ask you to deny this application.

08:24:19 >>HARRY COHEN: Thank you very much.

08:24:23 Next.

08:24:23 >> My name is Eric Dean.

08:24:34 And I have been sworn in.

08:24:35 I reside at 6407 North Paddocks Avenue in Tampa 33614.

08:24:42 I'm speaking on behalf of my final and mother-in-law,

08:24:47 Gilbert Sylvia Martinez, 3306 West Lemon Street, which is

08:24:53 just south, the street just south of the commercial building

08:24:55 that we are talking about.

08:24:58 Before I begin, a lot of points everybody made.

08:25:00 A lot of the same points that I had expected to make.

08:25:05 There is a point that Mr. Diaz wanted to make, and he asked

08:25:09 me to do that for him.




08:25:12 If this S-2 is granted, what would stop them from treating

08:25:16 sex offenders, much less sex offenders so there's something

08:25:30 to take into consideration in this neighborhood.

08:25:32 My mother-in-law, they built their house in '61 so they have

08:25:36 been here they're for 52 years.

08:25:38 They are now in their late 70s.

08:25:41 So this is really the last thing that they thought that they

08:25:46 would have to be concerned about in terms of complicating

08:25:49 their lives, was the drug rehab center located in their

08:25:53 residential neighborhood.

08:25:54 When they built their house there was only one other house

08:25:56 in the neighborhood, and directly across the street with a

08:26:00 pasture with cows in it and one by one houses started

08:26:04 popping up all around them.

08:26:06 In over a number of years, what was just a couple of houses

08:26:10 into a residential community.

08:26:13 Their vision, their life vision, was to build a home, start

08:26:17 a family, build that family, children, grandchildren, and

08:26:22 then enjoy their senior years in their home.

08:26:26 My mother-in-law is post polio.

08:26:32 She is walking with two arm canes, has to use a wheelchair.

08:26:35 Her mobility is restrict add lot, enjoying her property, her

08:26:42 yard.

08:26:42 But now as she walks out her front door she looks direct lay

08:26:45 cross the street and she sees a commercial building.




08:26:49 This is a concern for them, not just for them, but for their

08:26:52 children who will at some point adopt the home, and also

08:27:00 grandchildren. My daughter who is 8 years old,.

08:27:06 This is a concern for me W.this I am very concerned about

08:27:08 her safety.

08:27:13 I have been in the pain management centers.

08:27:16 I have had people follow me to my car, direct me.

08:27:19 And these are everyday folks.

08:27:21 Looking for drugs.

08:27:23 I have also had experience in the psychological psychotic

08:27:29 environment, with psychiatrists, and very complicated

08:27:36 personalities and complicated people.

08:27:37 (Bell sounds)

08:27:39 I would ask you not --

08:27:40 >>CHARLIE MIRANDA: Thank you very much.

08:27:40 >> -- to not grant this rezoning.

08:27:45 >>LISA MONTELIONE: I'm sorry.

08:27:46 Can I ask what you do for a living since you mentioned that

08:27:49 you have experience?

08:27:50 >> I'm in the pharmaceutical industry.

08:27:55 >>LISA MONTELIONE: Because I wanted to ask.

08:27:57 >> Can I ask a question?

08:28:00 >>CHARLIE MIRANDA: Please.

08:28:01 >> Very briefly.

08:28:03 >>: Please.




08:28:03 I have a lot of people here.

08:28:04 I don't want to go into what somebody goes into or what they

08:28:08 sell.

08:28:09 They are all professionals who may or may not be involved in

08:28:12 this.

08:28:12 >> I understand.

08:28:13 >>CHARLIE MIRANDA: I appreciate it very much.

08:28:14 Please.

08:28:14 I'm asking, please, please.

08:28:18 Next, please.

08:28:22 Next.

08:28:22 >> How are you doing?

08:28:30 My name is Joe Gloker. I live at 5020 Homer Avenue.

08:28:35 My in-laws live across the street.

08:28:37 They have lived there for the last 32 years. They both

08:28:39 worked very hard, two jobs.

08:28:41 They bought the property.

08:28:42 They built the house.

08:28:44 They never expected to be living across the street in a

08:28:47 house like that.

08:28:48 Mr. Adams used to live across the street, yellow house,

08:28:52 white picket fence, beautiful home.

08:28:54 I'm sure Mr. Adams -- it's great thinking about all of this.

08:28:59 But I'm trying to figure out what good can come out of

08:29:02 letting they these people have a facility like this.




08:29:05 The only thing it's motivated by is money.

08:29:08 I don't think they would want something in front of their

08:29:10 house like this with their mother, their grandmother.

08:29:14 But, anyway, the house property, you know it's going to go

08:29:18 down.

08:29:18 Somebody is going -- nobody is going to want to buy a house

08:29:21 in the neighborhood.

08:29:22 What is that over there?

08:29:23 It's a drug rehab, child molesters that needed help, it's

08:29:28 for people that were in jail, you know, that relapsed.

08:29:32 I haven't seen anybody went into a drug Lee rehab that

08:29:36 didn't relapse.

08:29:37 When F they get out they are going to go steal something,

08:29:39 they are going to go rob somebody, and they are going to get

08:29:42 the drugs, and they are going to come right back in.

08:29:45 I don't know what else to say but I hope you all don't let

08:29:48 this happen.

08:29:49 Like I said, my mother-in-law lives across the street.

08:29:52 You know, her house value is going to go way down.

08:29:55 I appreciate it very much.

08:29:58 >>CHARLIE MIRANDA: Thank you very much.

08:29:58 Next, please.

08:30:00 Anyone who has not spoken who would care to speak, please

08:30:04 come forward.

08:30:06 >> Thank you for giving time.




08:30:09 My name is Richard Myer, 505 north Bentley Avenue.

08:30:13 I just wanted to speak to the issue of compatibility.

08:30:17 With the existing neighborhood, like everyone else.

08:30:20 I'm the representative -- the representative for the

08:30:22 petitioner made his that his number 3 point and that's the

08:30:25 criteria.

08:30:27 This is a neighborhood, single-family homes, just like any

08:30:31 other in West Tampa.

08:30:34 Just like Hyde Park.

08:30:36 Just like New Suburb Beautiful.

08:30:40 You wouldn't put this in one of those neighborhoods.

08:30:43 Don't put in the ours, please.

08:30:45 >>CHARLIE MIRANDA: Thank you very much, sir.

08:30:45 Next, please.

08:30:46 Anyone who has not spoken or did not give up their minutes,

08:30:49 please come forward.

08:31:00 >> Good evening.

08:31:02 My name is Meyer, an Oakford Park resident, 509 North

08:31:10 Matanzas.

08:31:11 And I would just like to relate an experience of mine, with

08:31:15 my family.

08:31:19 Our son was engaged to a girl for about ten years, and they

08:31:26 were to be married.

08:31:29 Well, it never happened.

08:31:30 And the reason it didn't is one day, my wife was looking for




08:31:34 some jewelry, she couldn't find it.

08:31:39 So this girl, I'll call her Mary, helped her look for it.

08:31:42 >>CHARLIE MIRANDA: You are going to get a lot of Marys upset

08:31:44 with you now.

08:31:45 >> Yeah, well -- [ Laughter ] she finally fessed up.

08:31:52 But our jewelry was in pawn shops all over Tampa to support

08:31:55 her drug habit.

08:31:56 And I guess my point here is, I recognize the necessity for

08:32:01 people with addictions like this to get treatment.

08:32:04 But like this individual, they are just very manipulative,

08:32:12 and she certainly manipulated us, and oakford park is a

08:32:18 community of seniors, people that are very vulnerable, and I

08:32:24 think it is incompatible because you are putting master

08:32:27 manipulators in a population that's very vulnerable.

08:32:32 So I just want to make that point.

08:32:34 Thank you.

08:32:34 >>CHARLIE MIRANDA: Thank you very much.

08:32:35 Anyone else in the audience who with care to speak who has

08:32:38 not spoken?

08:32:38 >> TJ Chapman, 3424 West Lemon Street.

08:32:53 I think one of the points that I haven't heard tonight was

08:32:57 people that live around this neighborhood that work hard

08:33:01 every day, they take care of themselves, they go grocery

08:33:05 shop, they do their own laundry.

08:33:07 We are talking about 25 people plus staff.




08:33:12 What are they going to eat?

08:33:13 What kind -- who is going to do their laundry?

08:33:16 This is a neighborhood.

08:33:17 I understand there's roads and we do have some commercial

08:33:22 activity around us.

08:33:23 But now we are adding on food trucks.

08:33:25 Where are they going to park?

08:33:27 Where is the laundry service going to park?

08:33:29 Where is any other service?

08:33:31 These people don't shop for themselves.

08:33:33 So somehow or another all this other traffic is going to be

08:33:37 added to this residential neighborhood.

08:33:40 And I would hope that you would deny this.

08:33:44 I don't think it's compatible to the neighborhood.

08:33:46 And hopefully this won't be granted.

08:33:50 Thank you.

08:33:53 >>CHARLIE MIRANDA: Thank you very much, sir.

08:33:54 Next, please.

08:33:54 >> Gary Lewis.

08:33:55 I live at 308 North Bradford Avenue.

08:33:59 Been a resident there for the past five years.

08:34:01 Moved into the neighborhood for the reason of coming in

08:34:05 because of the way the neighborhood was, single-family

08:34:08 neighborhood.

08:34:09 I wanted to just address the compatibility issue of the




08:34:13 neighborhood.

08:34:14 I think that the showing of all the people here tonight

08:34:18 really speaks volumes to what this neighborhood is about,

08:34:24 and why the treatment center would not be compatible with

08:34:27 this neighborhood.

08:34:30 I think if you went to a lot of other neighborhoods and put

08:34:33 a facility like that in there, I don't think would you see

08:34:36 this kind of turnout.

08:34:38 I also wanted to just address quickly that they have talked

08:34:41 about the people putting two people in a room.

08:34:46 This is a seven-bedroom house, and if there was two people

08:34:50 in a house it would be 14 people, not the 21 that they are

08:34:54 talking about putting there.

08:34:55 In addition to that fact would be the parking issue, which

08:34:59 if patients are allowed to have a car and bring a car while

08:35:03 they are in treatment, you could have not only the five

08:35:06 people that are working there, but 21 people with additional

08:35:09 cars for a total of 26 cars.

08:35:12 And they are only providing a certain amount of parking

08:35:15 spaces which would not cover that.

08:35:16 So I would request that you do not allow this facility to

08:35:20 come to our neighborhood.

08:35:21 Thank you.

08:35:22 >>CHARLIE MIRANDA: Thank you very much, sir.

08:35:23 Anyone else in the audience who has not spoken who would




08:35:26 care to speak who did not give up their minute?

08:35:28 Please come forward.

08:35:30 Anyone else who wants to speak, please get in line now so we

08:35:36 can process.

08:35:38 >> My name is Rita, West Lemon Street.

08:35:43 I would like to relinquish my time.

08:35:49 >>CHARLIE MIRANDA: No.

08:35:49 I have rules that I have to follow.

08:35:50 And I am trying to follow them.

08:35:52 Just one second.

08:35:53 I am trying to follow as I can.

08:35:58 You have to understand the position that only that I am in,

08:36:00 the other council members are in.

08:36:02 I don't know where this is going to end up.

08:36:04 I don't know if this going to end up in a court of law.

08:36:07 If I don't have a clear record, we have got a problem.

08:36:10 So let's continue.

08:36:11 >> All right.

08:36:12 We have a signed petition of many of the residents who are

08:36:15 not here tonight.

08:36:15 >>MARTIN SHELBY: I'm sorry, ma'am, you had waived your

08:36:20 time?

08:36:22 >>CHARLIE MIRANDA: No.

08:36:24 >>MARTIN SHELBY: I'm sorry, you had not waived your time?

08:36:26 You have waived your time?




08:36:27 >>CHARLIE MIRANDA: Well, the petition is accepted.

08:36:29 The time is not.

08:36:29 >>HARRY COHEN: I think we have already received the one we

08:36:36 all got in the mail.

08:36:40 >>CHARLIE MIRANDA: Please, again, if you want to come up and

08:36:43 speak and you have not spoken you have not signed a waiver

08:36:46 for giving up your minute, you are entitled to speak.

08:36:48 I want that to be clear.

08:36:51 Anyone else?

08:36:54 I see no one.

08:36:55 Petitioner?

08:36:57 You are allowed five minutes.

08:37:00 Yes, sir.

08:37:01 >>MARTIN SHELBY: Mr. Chairman, just a reminder the

08:37:03 petitioner will have an opportunity to rebuttal as I have

08:37:06 already stated.

08:37:06 He gets the last word.

08:37:08 Just a reminder, if council has any questions they want to

08:37:10 make, inquiry of what they have heard so far either of

08:37:13 people or staff or the petitioner or his witnesses, that you

08:37:18 take that opportunity before you allow Mr. Grandoff to have

08:37:22 the last word, because otherwise I would have to recommend

08:37:25 that you have to give a second --

08:37:29 >>CHARLIE MIRANDA: All right.

08:37:29 Let me backtrack.




08:37:30 Any questions by council members at this time before Mr.

08:37:33 Grandoff has the right to his five minutes?

08:37:35 Mr. Suarez?

08:37:36 >>MIKE SUAREZ: Thank you, chair.

08:37:40 Dr. Kaplan, if you could come up.

08:37:43 I have a couple questions four, if possible.

08:37:53 Dr. Kaplan, thanks so much for being here.

08:37:55 I was reading your curriculum vitae.

08:37:59 I don't know if it's vitae or vitae, and you have been a

08:38:06 psychiatrist for about 23 years?

08:38:09 >> Since finishing my residence at USF.

08:38:11 >> And you have practiced general sky try, correct?

08:38:14 >> General psychiatry.

08:38:15 I also am a forensic psychiatrist.

08:38:18 I do some court testimony in legal matters dealing with

08:38:21 psychiatric and addiction issues.

08:38:25 >>MIKE SUAREZ: And I know that as part of your training,

08:38:28 you deal with all types of different psychiatric problems

08:38:31 over the course of your 23 years, correct?

08:38:33 >> That's correct.

08:38:34 >> In terms of some of the treatments that you have

08:38:38 provided, let's say for someone who has been drug addicted,

08:38:42 has there been any time during your 23 years of practice

08:38:47 that you have had a situation where it was difficult to

08:38:50 control a patient because of their particular psychiatric




08:38:54 problem?

08:38:55 >> I have, but we will not be treating those kind of people.

08:38:58 >>MIKE SUAREZ: That's not what I am asking.

08:39:01 I am asking if you ever had problems dealing with physically

08:39:04 someone that you have treated because of the type of

08:39:07 psychiatric problem they may have?

08:39:09 >> You mean were they violent?

08:39:11 >>MIKE SUAREZ: Yes.

08:39:11 It could be violent or maybe nonresponsive or could be any

08:39:15 other part that you could not control.

08:39:19 >> So the violence, no.

08:39:21 But I treated people on inpatient facilities like at the

08:39:25 V.A. hospital where they were in severe withdrawal, and as a

08:39:29 consequence were hall laws naturing or agitated, were -- in

08:39:34 terms of their condition was medically dangerous.

08:39:36 >>MIKE SUAREZ: And what do you mean by that?

08:39:40 >> Someone with alcohol withdrawal can have delirium, about

08:39:44 15% of people with E.T. will die from that so they need to

08:39:48 be in an inpatient medical facility.

08:39:50 >> In your practice, or in your experience, have you ever

08:39:53 seen someone act out or lash out at all because of either

08:39:57 the psychiatric problem they have or the treatment they are

08:40:00 severing?

08:40:02 >> When I did inpatient work, yes of.

08:40:06 Not in my outpatient practice.




08:40:07 >> Tell me the difference between inpatient and outpatient

08:40:10 in your mind.

08:40:10 >> Sure.

08:40:11 An inpatient facility would be something like a lock-in at

08:40:15 Tampa General Hospital, in the days they existed charter

08:40:18 hospital where we would have units that were locked, if

08:40:21 people were dangerous to themselves or others.

08:40:23 >>MIKE SUAREZ: Okay.

08:40:25 But in terms of someone that voluntarily goes to you -- and

08:40:29 let's say they are schizophrenic or have some other issues

08:40:34 that caused them to abuse drugs or alcohol, you are not

08:40:37 going to know that until after you are starting to see them

08:40:39 and treat them as patients.

08:40:41 Is that correct?

08:40:42 >> There will be a protocol in terms of admission so there

08:40:45 will be a screening of people.

08:40:47 They will under go an initial examination by a nurse and

08:40:50 then myself or another medical doctor.

08:40:53 If there is a history of violence, a history of significant

08:40:57 withdrawal, they won't be in the facility.

08:40:59 If someone is court ordered because of any type of crime,

08:41:03 they will not in this facility.

08:41:04 It's a voluntary facility for people that are medically

08:41:09 stable but they have abuse or dependence problems.

08:41:14 >>MIKE SUAREZ: But let me ask you, you are not going to




08:41:16 know they are medically stable until after you have had a

08:41:18 chance to see them, correct?

08:41:20 Let's say someone that hasn't seen the psychiatrist or

08:41:23 medical professional at all.

08:41:24 They are going to come to you and let's say they have the

08:41:27 money to go to your facility, a for-profit operation, and

08:41:31 once they are there, do you as part of being a professional

08:41:35 psychiatrist, do you then not -- or refer them out if they

08:41:41 have something that is something that you don't treat?

08:41:46 You know, it's something that's extremely violent, has

08:41:50 violent fantasies or want to do harm to themselves or

08:41:54 others, you are saying that you would not treat them even

08:41:56 though they have the requisite alcohol or drug addiction

08:41:59 problems, correct?

08:42:00 >> Correct.

08:42:01 We will not be able to handle or treat people that are

08:42:05 acutely suicidal, certainly no one violent or homicidal.

08:42:10 I understand people's concerns.

08:42:11 I can just tell you my experience.

08:42:13 These types of facilities, these residential treatment

08:42:15 facilities, have a different type of clientele.

08:42:18 >>MIKE SUAREZ: If I can ask a question then, I am looking

08:42:22 at your mission statement as part of the things that you are

08:42:24 talking about concerning -- and there's two things that I

08:42:27 want to get at specifically.




08:42:32 You have in here, let's see here, you say that you are there

08:42:37 to help patients move from a place of emotional physical and

08:42:41 spiritual bankruptcy and isolation to a new optimism for

08:42:46 life worth living.

08:42:47 And, you know, spiritual bankruptcy is a pretty heavy term

08:42:54 and you are trying to tell me, and I think that based on

08:42:56 what you just said, you are saying that there is no way that

08:42:59 someone who is spiritually bankrupt would be in any way

08:43:04 violent.

08:43:06 >> I could tell you my experience, people that come to our

08:43:09 treatment centers are not violent.

08:43:11 >> Okay.

08:43:12 So in your experience, people that have drug addictions or

08:43:19 alcoholics do not have violent tendencies per se?

08:43:24 Or that --

08:43:26 >> I would not say that.

08:43:27 If someone is acutely intoxicated, they could be violent.

08:43:31 If someone is high on cocaine or another substance, of

08:43:35 course they could be violent.

08:43:38 We are not taking those type of people in the hospital.

08:43:41 We are going to be admitting people that are medically

08:43:44 stable.

08:43:44 They will not have access to drug or alcohol.

08:43:48 And if they are that sick they will be in a locked facility,

08:43:51 if they are that medically sick they will be at an inpatient




08:43:56 medical hospital.

08:43:56 >> What is the standard operating procedure when you are in

08:43:59 a facility like yours, someone comes to your facility, and

08:44:02 you determine at that moment that they are violent, and it

08:44:06 is not controllable, meaning that they need to be in a

08:44:08 locked facility, based on your professional experience?

08:44:11 What's the standard operating procedure to then get them

08:44:15 into a locked facility?

08:44:17 >> Sure.

08:44:18 Great question.

08:44:19 It would be the same as if someone takes my outpatient

08:44:22 office, and they express suicidal or violent tendencies.

08:44:26 I would call the police.

08:44:27 I would sign a Baker Act and they would be taken to a Baker

08:44:30 Act fa facility.

08:44:35 >> So when they are there and going through the initial

08:44:37 psychiatric examination, then you would have to call the

08:44:40 police, they would be there in your facility, and for

08:44:45 whatever reason -- I am going to use the hypothetical.

08:44:47 I know this is just based on my own reading of what you have

08:44:50 stated and what we have here -- that person could leave your

08:44:54 facility at any time.

08:44:55 You are not going to put restraints on them at that point,

08:44:58 and they may be somewhere in the neighborhood because you

08:45:01 are not going to restrain them.




08:45:03 Is that correct?

08:45:03 >> We would not restrain them.

08:45:05 >> You would not restrain them.

08:45:06 So now we have, in my hypothetical, a violent person who

08:45:10 might have psychiatric problems, deep psychiatric problems,

08:45:14 and you determine it's someone that should be locked up, now

08:45:17 in the neighborhood.

08:45:18 Correct?

08:45:18 >> I hear what you are saying but --

08:45:20 >> No, I am asking you a question.

08:45:22 I would like an answer to the question.

08:45:23 >> The answer to the question is that it's an unrealistic

08:45:28 scenario.

08:45:30 I have been doing --

08:45:31 >> No, I would like to interrupt you just a second.

08:45:33 >> Sure.

08:45:34 >> I think that based on the answers that you gave me

08:45:36 previously, I think it's an unfair assessment to say it's an

08:45:39 unrealistic assessment.

08:45:41 You have made a statement that you would make a

08:45:43 determination as to whether or not the person was violent.

08:45:45 You have made a statement to say that your standard

08:45:47 operating procedure would be to call the police.

08:45:49 You have made a statement to say that that then and only

08:45:53 then would the police take them to, let's say, would you




08:45:56 sign a Baker Act and they would leave.

08:45:58 Again, if you are not restraining them, and you are waiting

08:46:01 for the police, I don't think it's unrealistic to say that

08:46:04 the person could then leave your facility and be in the

08:46:08 neighborhood.

08:46:08 Now that's the only thing I'm saying.

08:46:10 I'm not saying it's your responsibility at that point.

08:46:12 I'm saying that that is a realistic scenario.

08:46:15 Correct?

08:46:17 >> Not in my experience as a psychiatrist for 23 years.

08:46:21 I have not had that occur in my outpatient practice, never

08:46:25 once, when I used to do work at charter hospital in Pasco

08:46:28 that was a locked facility, different kind of patient,

08:46:31 different kind of facility.

08:46:32 I understand your concern.

08:46:33 All I can tell you in my professional experience, that did

08:46:36 not occur.

08:46:36 >>MIKE SUAREZ: Okay.

08:46:38 So you mentioned the experience at a locked facility.

08:46:43 You have never had that happen at an unlocked facility.

08:46:48 Have you ever had to Baker Act someone because you felt like

08:46:50 they were too violent to be in your facility at that

08:46:53 particular moment in an outpatient facility?

08:46:55 >> Not for violence.

08:46:56 Because they were suicidal.




08:46:58 >>MIKE SUAREZ: So the answer then is that you have never

08:47:00 had that experience, not that it's unrealistic.

08:47:04 Is that correct?

08:47:04 >> I have had the experience with people who were violent

08:47:07 when I did my training at the V.A. hospital.

08:47:10 >>MIKE SUAREZ: I understand that buts that that was a

08:47:12 locked facility.

08:47:13 I'm talking about now based on your treatment facility it is

08:47:17 not a locked facility and not someplace in which you

08:47:19 restrain people?

08:47:20 >> Correct.

08:47:21 >> And I just wanted to make that distinction because you

08:47:24 will have, in my mind, you may have -- and I don't want to

08:47:28 put words in your mouth -- you may have someone that is that

08:47:31 violent come to your facility.

08:47:33 Again it's a hypothetical.

08:47:34 I'm not saying it's going to happen.

08:47:36 But we don't know if it would happen, is my statement.

08:47:41 In addition, I think that on some of the things that you

08:47:43 have mentioned in terms of your mission, specifically for

08:47:47 types of treatment, when you do your intake, and chair and

08:47:53 members, I apologize for taking so much time on these

08:47:56 questions, but I do think it's important because what has

08:47:58 been presented to us.

08:48:00 In terms of the anxiety and depression, personality and mood




08:48:04 disorders, that there is a possibility -- and one of the

08:48:08 things, specifically that you mentioned in there, PTSD, can

08:48:14 be associated with lots of issues, sometimes associated with

08:48:19 people that have been in combat associations, sometimes

08:48:23 necessarily didn't become combatant, but have you had an

08:48:26 experience in which people suffer from PTSD act out

08:48:30 violently because they believe that they are back in the

08:48:32 situation in which they have to react violently?

08:48:36 >> Not violently, but certainly I have seen people who were

08:48:39 exposed to trauma in Vietnam, when I did some work at Bay

08:48:43 Pines V.A. hospital.

08:48:45 They certainly would get anxious and agitated.

08:48:48 Not violently, though.

08:48:49 >> PTSD they will typically not react violently then?

08:48:54 >> Correct.

08:48:54 >>MIKE SUAREZ: In terms of -- well, I am going to have one

08:48:58 last question, chair.

08:49:00 I apologize.

08:49:01 >>CHARLIE MIRANDA: Thank you.

08:49:02 >>MIKE SUAREZ: In terms of the specific standard operating

08:49:05 procedure that you mentioned before, is there a safety plan

08:49:10 for your employees if there is a violent person determined

08:49:16 is violent for the safety of your employees within the

08:49:20 facility itself?

08:49:21 >> It's my understanding that there would be a security




08:49:25 guard, and if someone is violent, they will call the police.

08:49:32 There will be a security guard on the premises.

08:49:35 >> Are they going to be armed?

08:49:36 >> I do not know the answer to that.

08:49:37 >>MIKE SUAREZ: Thank you, chair.

08:49:41 >>CHARLIE MIRANDA: Mrs. Montelione, Ms. Mulhern, then Mrs.

08:49:44 Capin.

08:49:44 >>LISA MONTELIONE: Actually, if Mrs. Capin will go first --

08:49:50 >>CHARLIE MIRANDA: Well, I have Mrs. Mulhern ahead of Mrs.

08:49:53 Capin.

08:49:53 >>MARY MULHERN: I have a couple questions for the doctor.

08:49:57 Just looking at your CV, since I don't know how to say that

08:50:06 word either, you are tonight a professional consultant for

08:50:11 this?

08:50:12 Or is this actually your facility that --

08:50:16 >> I don't have any ownership.

08:50:18 The plans are if it's approved I will be the medical

08:50:20 director of this facility.

08:50:22 So I will be providing treatment to the patient.

08:50:23 >>MARY MULHERN: You will be the medical director?

08:50:26 >> I will the medical director.

08:50:28 >>MARY MULHERN: That's what my question was.

08:50:29 Thank you.

08:50:34 >>CHARLIE MIRANDA: Mrs. Capin?

08:50:37 >>YVONNE CAPIN: (off microphone)




08:50:41 Basically, on here, we have on section 27-132, the question

08:50:53 of residential facility.

08:50:57 It says thoroughly describe the type of treatment and

08:51:00 security that will be provided at the facility.

08:51:04 Standard has been met.

08:51:08 Note 11.

08:51:09 I looked at note 11 on the site plan.

08:51:11 >>ABBYE FEELEY: Uh-huh.

08:51:15 >>YVONNE CAPIN: And according to all the testimony coming

08:51:16 before us, these are nonviolent sick people that are coming

08:51:24 to this facility.

08:51:29 It has residential substance abuse, the treatment in

08:51:31 accordance with the Florida statute 55-D-30 in an inpatient

08:51:37 treatment facility, that treats addicts and assists them in

08:51:40 making the necessary changes in their lives that will enable

08:51:43 them to live drug and alcohol free.

08:51:49 The residential treatment facility is well staffed.

08:51:51 Define that.

08:51:52 What is well staffed?

08:51:55 24 hours a day, seven days a week, well staffed.

08:52:00 10, 5?

08:52:01 How many licensed mental health professionals are there?

08:52:04 What's the ratio of patient to staff?

08:52:10 >>ABBYE FEELEY: Land Development Coordination.

08:52:12 According to the information they provided, there are five




08:52:14 members on staff.

08:52:15 Our code doesn't require they provide us with a breakdown of

08:52:18 those five employees, nurses, it says that it's five.

08:52:28 And it must be maintained in accordance with the state

08:52:30 Department of Health, which is also where you get the beds

08:52:34 and the other things.

08:52:36 In fact the minimum areas that are required by the state for

08:52:38 these types of licensed facilities.

08:52:41 So if there is further information that needs to be conveyed

08:52:44 as far as what the state requires for a licensed facility,

08:52:48 that would need to be provided.

08:52:53 It must be a licensed, yes, facility by the state.

08:52:57 >>YVONNE CAPIN: Then if crisis intervention requires

08:53:01 additional services those arrangements are made?

08:53:04 You were just discussing that.

08:53:06 >> And those arrangements are?

08:53:10 Who interprets this?

08:53:12 The state again?

08:53:14 If crisis intervention requires additional services, those

08:53:18 arrangements are made.

08:53:19 Who makes those arrangements?

08:53:21 And who enforces those arrangements?

08:53:23 And how do we know what those arrangements are?

08:53:28 I think -- I think it's very important to know this

08:53:35 information.




08:53:37 And then it says here, a security company to protect our

08:53:44 guests and residents.

08:53:47 Will be on premises at all times.

08:53:53 Again, one security guard he told us here, right?

08:54:02 Who enforces this?

08:54:03 The state again?

08:54:05 >>ABBYE FEELEY: Well, no, if the city went out there, and

08:54:09 we went onto the property, and we knocked on the door and

08:54:12 there wasn't a security guard there, they would be in

08:54:14 violation of their special use.

08:54:15 We would, you know, have to then let them know.

08:54:20 This is very similar conditions that are put on other

08:54:23 professional residential facilities such as the facility on

08:54:26 50th you all did just a few months ago on another

08:54:30 residential treatment facility.

08:54:33 There are more stringent applications obviously that come

08:54:36 through the licensing of these facilities with the state and

08:54:39 how those things are monitored.

08:54:40 But this is an entitlement of the property for this use

08:54:45 under these conditions.

08:54:47 Those conditions can then be, you know, more stringent.

08:54:53 Should it be the discussion of council, and the applicant to

08:54:59 submit to those conditions, or --

08:55:02 >>YVONNE CAPIN: A lot is subject to interpretation in, my

08:55:04 estimation.




08:55:09 Also, how is that enforced, the changes?

08:55:22 >>ABBYE FEELEY: where are you reading that?

08:55:24 I'm sorry.

08:55:24 Is that just a general question?

08:55:26 >>YVONNE CAPIN: Yes.

08:55:26 The clientele changes, then --

08:55:31 >>ABBYE FEELEY: The criteria with the residential treatment

08:55:34 facility, you don't specify a type of clientele.

08:55:39 >>YVONNE CAPIN: But he did.

08:55:41 Development he specified a nonviolent -- did I hear that?

08:55:46 Nonviolent --

08:55:48 >>ABBYE FEELEY: Those conditions of clientele are not on

08:55:51 the site plan.

08:55:51 If that is the commitment of the applicant, those conditions

08:55:53 would need to be added.

08:55:56 >>YVONNE CAPIN: Exactly.

08:55:56 This is very broad.

08:55:57 Very broad.

08:55:58 Thank you.

08:55:59 I just wanted to -- that and -- that's fine.

08:56:15 I want to hear.

08:56:17 That's I pass to my fellow colleagues.

08:56:19 >> LISA MONTELIONE: Thank you.

08:56:22 I have a lot of questions.

08:56:24 I'll try not to take as long as Mr. Suarez did.




08:56:27 Ms. Feeley?

08:56:37 I had to take the shot.

08:56:39 Can you tell me what's allowable in the -- thank you very

08:56:46 much.

08:56:47 So, in other words, what I am trying to get at is, what

08:56:52 would anybody who purchased this property be able to do

08:56:55 without seeking a special use?

08:56:57 So this is permitted by right.

08:56:59 >>ABBYE FEELEY: Permitted by right in the RO 1 district --

08:57:04 Abbye Feeley, Land Development Coordination -- would include

08:57:07 a bed and breakfast, a cemetery -- I know you guys always

08:57:11 laugh when I say that one -- congregate living facility, six

08:57:15 residents or fewer, small group care facility would be an

08:57:19 S-1.

08:57:20 A large group care facility which would be 20 residents or

08:57:22 more would be permissible by right.

08:57:27 Wait, wait, wait.

08:57:28 Okay.

08:57:28 >> Is that a glitch in our code?

08:57:31 >>LISA MONTELIONE: No.

08:57:32 A small group facility would need a special use permit

08:57:35 classification 1?

08:57:36 >> Yes.

08:57:37 Administrative review.

08:57:39 >>LISA MONTELIONE: Administrative review.




08:57:40 >> So there would be --

08:57:42 >>LISA MONTELIONE: And small group is how many people?

08:57:45 >>ABBYE FEELEY: Let me go back to the congregate living.

08:57:51 >>LISA MONTELIONE: Congregate is six residents.

08:57:54 >>ABBYE FEELEY: Those are three types of congregate living

08:57:56 facilities.

08:57:57 Okay?

08:57:57 The first type is 6 or less.

08:57:59 It's permissible by right.

08:58:00 Small group care is an S-1.

08:58:03 And a large group care is permitted.

08:58:07 >>LISA MONTELIONE: So small group care requires an S-1 but

08:58:12 a large group care is permitted.

08:58:16 Large group is how many people?

08:58:18 >> A large group is a facility providing room, board and

08:58:20 personal care services to 20 or more persons unrelated to

08:58:23 the caregiver.

08:58:26 >>LISA MONTELIONE: And that would be permitted.

08:58:28 They wouldn't have to come before council.

08:58:29 >>ABBYE FEELEY: Correct.

08:58:32 >>LISA MONTELIONE: Okay.

08:58:34 So, I mean, that's one of the important points here that

08:58:39 this could be a large group facility.

08:58:41 I mean, it may or may not be relevant but I can't imagine

08:58:44 who would buy this house -- this property to live in.




08:58:48 I know it's a little large for me and my fiancée.

08:58:51 >>ABBYE FEELEY: Congregate living facility is any building,

08:58:55 residence, boarding house or other place where operated for

08:58:58 profit or not which provides personal care services to

08:59:01 persons not related to the owner or operator by blood,

08:59:05 marriage or adoption, and licensed, certified or approved by

08:59:07 the state Department of Health and rehabilitative services.

08:59:11 So like an ALF.

08:59:13 >>ABBYE FEELEY: Uh-huh.

08:59:14 >>LISA MONTELIONE: Those with mental disabilities?

08:59:17 >> Perhaps.

08:59:18 >>LISA MONTELIONE: Okay.

08:59:19 But not medical treatment?

08:59:24 >> Correct.

08:59:25 >>LISA MONTELIONE: So the only difference here is we are

08:59:26 adding the medical treatment component?

08:59:29 >>ABBYE FEELEY: Right.

08:59:30 They may have personal care services which for the purposes

08:59:32 of this definition is housing and food, services which

08:59:35 include but are not limited to personal assistance with

08:59:38 bathing, dressing, ambulation, supervision of

08:59:41 self-administered medication, transportation, emotional

08:59:44 security, and other related service.

08:59:47 It does not include nursing or medical treatment.

08:59:49 >>LISA MONTELIONE: Got it.




08:59:52 >> Back to the RO-1?

09:00:01 >>LISA MONTELIONE: Sure, why not?

09:00:02 >> Single-family detached, two-family dwelling unit which is

09:00:06 typically upstairs and downstairs unit.

09:00:10 I am going read you just permitted by right.

09:00:13 A daycare, nursery facility, limited to five children, a

09:00:20 funeral parlor, a school, a public golf course, which I

09:00:30 don't believe -- an interim parking lot.

09:00:36 Business professional office, public use facility,

09:00:41 recreational facility, commercial, indoor, recreational

09:00:47 facility private.

09:00:48 >>LISA MONTELIONE: I think we get the gist.

09:00:50 >>ABBYE FEELEY: Okay.

09:00:55 One of the things that Councilwoman Capin had referenced

09:01:00 which is something I was going to reference which is note

09:01:04 11, and this is a site plan that says the residential

09:01:07 substance abuse treatment program, and also a couple of

09:01:13 sentences down says drug and alcohol free.

09:01:18 So would Dr. Kaplan be able to treat sex offenders that the

09:01:27 location?

09:01:27 >>ABBYE FEELEY: I don't know that I can answer that

09:01:31 question.

09:01:31 I mean, I don't know that I could answer that question.

09:01:34 >>LISA MONTELIONE: If the site plan notes substance abuse

09:01:38 treatment program, wouldn't that limit the use of the




09:01:40 property to substance abuse treatment?

09:01:47 Don't we usually limit to what's on the site plan?

09:01:54 >>ABBYE FEELEY: I don't know if it's a sex offend we are a

09:01:57 drug abuse problem.

09:01:59 I don't --

09:02:03 >>LISA MONTELIONE: I see the dilemma that you are in there.

09:02:06 Okay.

09:02:07 And one of the other things that I had questions on was when

09:02:12 Mr. Diaz was speaking, he said that the verification of the

09:02:18 number of feet and distance between uses was in question,

09:02:23 and whether or not that was accurate information.

09:02:27 >>ABBYE FEELEY: Okay.

09:02:28 >>LISA MONTELIONE: Because seemed from what he was

09:02:30 testifying was that there is an ALF that is within --

09:02:37 >> 100 feet?

09:02:39 >>LISA MONTELIONE: Yes, ma'am.

09:02:41 >>ABBYE FEELEY: At the time I ran this application like we

09:02:42 do for any sign-off on any congregate living facility, I did

09:02:46 go onto the Florida House stat, that has all the licensed

09:02:51 facilities. I did put in the address of the parcels, I ran

09:02:56 the figures, and I see I have the printout in my file

09:02:59 showing it registered no additional facilities within either

09:03:01 of those two distances.

09:03:03 >> Okay.

09:03:04 The paperwork that Mr. Diaz -- I know it's part of the




09:03:07 public record now because it was put up on the Elmo and we

09:03:09 were able to see it -- but it was very small and hard to

09:03:14 read.

09:03:14 Is it possible, Mr. Diaz, for you to submit that to Mr.

09:03:17 Shelby so that we can take a look at the information that

09:03:20 you provided?

09:03:21 Because it seems to be in direct conflict with the

09:03:23 information staff is providing.

09:03:25 >>ABBYE FEELEY: Well, it may be that's not a licensed

09:03:30 facility with the state.

09:03:31 I don't know.

09:03:32 >>LISA MONTELIONE: Understood.

09:03:33 Mr. Shelby, if he could --

09:03:39 >>MARTIN SHELBY: Mr. Diaz.

09:03:47 >>ABBYE FEELEY: It says 1,320 feet which is larger than our

09:03:51 requirement.

09:03:52 >> 120 feet.

09:03:59 >> That's an adult care center.

09:04:00 >>LISA MONTELIONE: Is that different from an ALF?

09:04:05 That would be kind of what you read with the large group

09:04:08 facility, congregate living?

09:04:11 >>ABBYE FEELEY: It says assisted living facility.

09:04:13 But the criteria in our code is 2,000 feet to another such

09:04:28 use.

09:04:29 And then 1200 to a congregate living.




09:04:32 So it does say that for assistive living but that's 1300 so

09:04:37 that would not trip --

09:04:40 >>LISA MONTELIONE: So just to verify that, it is just

09:04:44 outside, so it's not really a conflict.

09:04:46 >>ABBYE FEELEY: I mean, I have all of my pronouncements

09:04:50 when I read it.

09:04:51 This is, now, I did mine within 1,000 feet which is even

09:04:55 more --

09:04:56 >>LISA MONTELIONE: Restrictive, yeah.

09:04:57 >>ABBYE FEELEY: I did all of mine within 1,000 feet and

09:05:01 there was no crisis stabilization unit for residential

09:05:04 treatment within 1,000.

09:05:05 There was no residential treatment within 1,000.

09:05:08 There was no residential treatment center for children or

09:05:11 adolescents within 1,000.

09:05:13 And there was no assistive living within 1,000.

09:05:17 So I did a couple other types of facilities just to make

09:05:21 sure.

09:05:22 >>LISA MONTELIONE: All right, got it.

09:05:24 The site plan also says as a result, I think, dovetails on

09:05:30 something Mrs. Capin was talking about was the parking

09:05:33 required in the general notes that says five employee staff.

09:05:40 So if going with the applicant's numbers and the request for

09:05:43 21 bed facility, proposed number of beds, 21 on the site

09:05:49 plan notes, and the testimony I heard was that there would




09:05:52 be a ratio of four to one, that would be five and a quarter

09:05:57 staff.

09:05:58 But it also says the parking provided, which is something

09:06:01 else that was brought up by one of the speakers, is 11.

09:06:06 Five employs, four visitors, and two handicapped.

09:06:09 So -- we have got the five employees covered.

09:06:16 Four visitors.

09:06:17 21 people.

09:06:19 I can't imagine that they would say -- you can't have a

09:06:23 visitor today because we already have four visitors and we

09:06:27 only have four visitor parking spaces.

09:06:30 So that seemed to be an odd ratio for the number of people

09:06:34 to parking.

09:06:35 >>ABBYE FEELEY: This is the parking requirement for the

09:06:41 code.

09:06:42 We can only require what code requires.

09:06:47 It's an additional consideration and that council is asking

09:06:49 of the applicant, right here residential treatment facility

09:06:53 is the largest shift plus one for each vehicle.

09:06:57 That does not require visitor parking, does not require

09:07:00 parking for when a patient steps out.

09:07:07 Pursuant to what is required in relation to the code --

09:07:13 >> Another glitch in our code that I think we need to look

09:07:16 at.

09:07:16 Okay.




09:07:17 And I think my final question -- no, I think that does it

09:07:30 for me for now.

09:07:36 Here we go.

09:07:39 Don't chuckle everybody.

09:07:41 This is a serious thing and we are going to be here as long

09:07:43 as it takes.

09:07:45 Mr. Chairman?

09:07:46 >>CHARLIE MIRANDA: Mr. Cohen or Mr. Reddick at this time?

09:07:49 Okay.

09:07:50 Mr. Cohen?

09:07:55 Ms. Mulhern?

09:07:56 >>MARY MULHERN: Ms. Feeley, a question, and then I have a

09:08:00 few questions for Mr. Hay who I think is still here.

09:08:05 The total parking spaces are 11.

09:08:13 Correct?

09:08:14 Five employees?

09:08:24 Five spaces.

09:08:24 Four visitor and two handicapped.

09:08:27 We have 21 beds here.

09:08:29 How are the people -- how are those people going to get

09:08:40 there?

09:08:40 Where are these visitors who are going to be staying

09:08:44 temporarily?

09:08:49 >> The visitors are visiting patients that are there.

09:08:52 >>MARY MULHERN: No.




09:08:53 What about the patients?

09:08:54 >> Our code does not require parking for the patients.

09:08:58 That is what I just showed.

09:08:59 So I can't tell the applicant if he has 21 beds.

09:09:02 He must have 21 parking spaces for his patients.

09:09:05 The code requires one per employee on the largest shift, one

09:09:10 vehicle.

09:09:10 >>MARY MULHERN: The code doesn't require it.

09:09:13 All right.

09:09:13 But then we certainly should take into consideration the

09:09:17 likelihood that people won't be taking light rail to get to

09:09:21 the treatment facility.

09:09:23 [ Laughter ]

09:09:24 >> Well, I would hope if they have a drug condition they are

09:09:27 not driving either.

09:09:28 But I don't know what at this moment in time.

09:09:33 [ Laughter ]

09:09:34 >>CHARLIE MIRANDA: We are going to take about an hour

09:09:35 recess.

09:09:36 >> I'm sorry.

09:09:37 That was my question.

09:09:38 I and Mr. Hay, I wanted to ask you about -- I feel like

09:09:43 there's a disparity here in what we are talking about,

09:09:46 because you found it consistent with the comprehensive plan

09:09:54 in terms of encouraging housing.




09:09:56 How do you define housing in this context?

09:10:00 >>David Hay: When we look at an application like this, we

09:10:03 first look at the land use category, and then we look at

09:10:06 what's the use actually is.

09:10:08 We look for a definition of the use within the comp plan.

09:10:11 There is no definition for this using the comp plan.

09:10:13 When that occurs, we coordinate with Abbye's department, and

09:10:17 to see if the Land Development Code has a definition.

09:10:21 It does have a definition for a professional residential

09:10:25 facility.

09:10:28 And she can go into the definition.

09:10:30 It describes it as a residential facility.

09:10:34 There is no commercial, there is no --

09:10:37 >>MARY MULHERN: But I don't hear the word housing in there.

09:10:41 You are saying residential.

09:10:42 >>David Hay: Residential is -- housing is -- --

09:10:49 >>MARY MULHERN: Is there no medical -- is there no medical

09:10:52 treatment?

09:10:53 I mean --

09:10:54 >>David Hay: Not within the comprehensive plan.

09:10:58 Given by policies and everything in the definitions that are

09:11:01 provided in the comp plan --

09:11:03 >>MARY MULHERN: The treatment -- residential treatment

09:11:06 facility.

09:11:07 Is that what this is?




09:11:09 >>David Hay: No.

09:11:10 Well, how the Land Development Code defines it it's a

09:11:14 residential facility.

09:11:16 There is no treatment in how the city defines -- it's a

09:11:20 residential --

09:11:21 >>MARY MULHERN: So it's land development that decided this

09:11:23 was not -- shouldn't this be called a residential treatment

09:11:28 facility?

09:11:30 Not a professional --

09:11:36 >>ABBYE FEELEY: Land Development Coordination.

09:11:38 We don't have -- I mean --

09:11:44 >>MARY MULHERN: I think I have approved some residential --

09:11:46 special use residential treatment facilities.

09:11:49 Haven't we?

09:11:50 I know we have them.

09:11:52 This is the only isn't the only rehab we have in the city.

09:11:56 >> This is a subset of the professional residential

09:11:59 facility, which says any residential establishment other

09:12:02 than a hospital or nursing home providing boarding, lodging,

09:12:06 supervision, medication, counseling or other diagnostic or

09:12:10 therapeutic services and licensed by the department --

09:12:13 >>MARY MULHERN: This is a subset of that.

09:12:16 Okay.

09:12:16 Wait one second.

09:12:17 That's the professional residential facility.




09:12:19 >> Professional residential facility is what I just read

09:12:29 you.

09:12:29 There is four types.

09:12:31 There is a recovery home A.

09:12:32 Recovery home B.

09:12:33 Residential treatment facility, which is what you are

09:12:35 considering tonight.

09:12:37 And a life care retirement facility.

09:12:39 >>MARY MULHERN: So residential treatment facility is any

09:12:44 residential --

09:12:46 >> Any residential establishment other than a hospital or

09:12:47 nursing proposal providing relatively intensive diagnostic

09:12:50 or therapeutic service force one or more residents for the

09:12:55 purposes of residential treatment facility shall not be

09:12:57 deemed to include a nursing home.

09:12:59 >>MARY MULHERN: Okay, that's good, I got it.

09:13:01 So I still have the same questions for the Planning

09:13:03 Commission.

09:13:04 We are talking about a treatment facility.

09:13:07 That's what it's defined as.

09:13:13 Why are you calling it housing, which is not treatment.

09:13:17 Housing is a different thing.

09:13:18 Housing is where people live.

09:13:20 >> Again we look at the subset that it's under.

09:13:26 It's under professional residential facility.




09:13:29 All the guidance within the Land Development Code deems that

09:13:32 it's a residential facility.

09:13:35 Residential is housing.

09:13:37 Multifamily duplexes, all that type -- a lot of times, we

09:13:41 get requests to say, now what?

09:13:43 We don't want apartments.

09:13:46 We have no control within the comp plan of whether something

09:13:48 is an apartment, whether something is a condo, whether

09:13:52 something is a single-family.

09:13:54 >>MARY MULHERN: Right.

09:13:54 But you are talking about strictly residential as opposed to

09:13:58 residential treatment, that it's not permanent, or even --

09:14:05 we don't even know if it will be monthly.

09:14:07 >> I mean, I'm just legislate you know how your comp plan

09:14:11 has defined it.

09:14:12 It's a residential -- it's a subset of residential.

09:14:15 All housing, it's considered under the housing umbrella.

09:14:19 All residential is housing, basically.

09:14:21 >>MARY MULHERN: All right.

09:14:23 Thank you.

09:14:25 >>CHARLIE MIRANDA: Mr. Cohen?

09:14:26 >>HARRY COHEN: Could you bring back your definition for a

09:14:29 second that you just put up on the iPad?

09:14:31 Thank you.

09:14:37 >> I forgot my iPad.




09:14:48 >>HARRY COHEN: Okay.

09:14:49 The last line of item number 3, nothing in this chapter

09:14:52 shall prevent a residential treatment facility from having

09:14:56 outpatients or recovery home component.

09:15:01 Does that mean that this facility would be allowed to also

09:15:04 treat outpatients?

09:15:13 >>ABBYE FEELEY: Per this definition, yes.

09:15:15 >>HARRY COHEN: Where would they park?

09:15:17 >>ABBYE FEELEY: The code does not require that there's

09:15:19 parking.

09:15:19 >>HARRY COHEN: But even though the code doesn't require

09:15:23 there's parking for the people staying there, also you are

09:15:25 saying it's required that there be park forego people that

09:15:28 may be availing themselves to outpatient treatment?

09:15:31 >>ABBYE FEELEY: That's correct.

09:15:34 Maybe be shuttled in there.

09:15:35 >>HARRY COHEN: Is there any limit on the number of

09:15:38 outpatients that could be seen in the facility?

09:15:41 >>ABBYE FEELEY: No.

09:15:41 >>HARRY COHEN: No.

09:15:44 So you have 21 residents, and 50 outpatients?

09:15:51 >>ABBYE FEELEY: I will let Mr. Grandoff speak to that.

09:15:54 That would be through licensing of the state, I assume.

09:15:56 However, if it is the intent that this may be for

09:16:00 inpatients, that would be a condition as well.




09:16:03 He don't want to speculate on -- I prepared the case.

09:16:08 It was indicated to me that this was inpatient only so I did

09:16:11 not evaluate this with respect to the outpatient.

09:16:13 >>HARRY COHEN: I think actually my question would be

09:16:17 fortifies and that is whether or not it is a standard

09:16:22 practice or common practice or even some of the time

09:16:25 practice for people once they have graduated from the

09:16:31 residential treatment program, to continue at least for some

09:16:35 period of time on an outpatient basis.

09:16:37 >> The treatment actually is lifetime.

09:16:43 So to answer your question, the average length of stay for

09:16:47 most people will be about 30 days.

09:16:51 About 30 days.

09:16:53 Since it's residential, there's no intention to go into

09:16:56 intensive outpatient program, a Ph.D. partial

09:17:01 hospitalization program.

09:17:02 Once they are discharged they will be moved into their

09:17:06 environment where they will receive outpatient treatment by

09:17:09 whatever trained professionals they are referred to, the

09:17:14 treatment being proposed in this facility will be inpatient

09:17:18 residential.

09:17:24 >>MIKE COHEN: But it's not categorical that there won't be

09:17:26 any outpatients?

09:17:27 Or is it categorical that there won't be any outpatient

09:17:30 services?




09:17:31 >> There is no intention as far as I know that any IOP or PH

09:17:36 be a part of the facility.

09:17:37 >>HARRY COHEN: Okay.

09:17:39 Thank you.

09:17:40 >>CHARLIE MIRANDA: Let me just ask a couple of questions of

09:17:43 Abbye Feeley.

09:17:44 I see that under section 27-132, of your staff report, you

09:17:48 state the standards have been met.

09:17:50 But under section 27-129 you don't mention any findings.

09:17:55 That would address whether the use is compatible with

09:17:59 contiguous, with surrounding properties or the use is as

09:18:05 public necessary with other issues.

09:18:07 So your report does not make any findings as to the

09:18:10 standards, right?

09:18:11 >>ABBYE FEELEY: That is correct.

09:18:17 >>CHARLIE MIRANDA: That's up to the council, right?

09:18:19 >>ABBYE FEELEY: That is correct.

09:18:21 >>CHARLIE MIRANDA: So there may be an issue as to whether

09:18:23 this is consistent?

09:18:24 >>ABBYE FEELEY: From a professional standpoint, looking at

09:18:31 this, this structure, when I look at the compatibility of

09:18:35 this, I look at the structure and the existing structure

09:18:37 there.

09:18:39 They are not building a two-story or three-story facility

09:18:42 like Horizon Bay, congregate living on South Boulevard, and




09:18:45 going into a neighborhood.

09:18:47 This structure has been a fabric or part of that built

09:18:51 environment.

09:18:51 What you are looking at is the use that is now going to

09:18:54 occupy inside that structure and how that is going to be

09:18:58 maintained, managed, facilitated, in a way that one goes

09:19:03 back to the specific criteria that maintains the residential

09:19:08 look and feel.

09:19:09 Unfortunately, when I evaluate these, I don't go delve into

09:19:15 the other aspects of the patients because that's not in my

09:19:19 review.

09:19:21 >>CHARLIE MIRANDA: I understand.

09:19:21 Under zoning matters it's been a policy that we have had in

09:19:24 this council for some time that when there's a petition --

09:19:27 and I am not talking about the city being the petitioner --

09:19:30 there's a petition, an individuals come and speak on it,

09:19:33 whether they are for or against -- mainly for because they

09:19:37 wouldn't speak if speak against it or had a financial

09:19:42 interest -- they are asked to tell us if they have a

09:19:44 financial interest in the building itself before it is

09:19:46 constructed.

09:19:47 I think that's common practice, that somebody can come speak

09:19:51 for the petitioner, they are speaking solely from the

09:19:56 outside saying I have no vested interest in this but I'm

09:19:59 speaking because I think it's a good petition to have




09:20:02 wherever, whether you live close or not, it makes no

09:20:05 difference.

09:20:05 However, if in fact you come and speak before the council,

09:20:08 and you say I'm for it, but you have a vested interest, like

09:20:13 you have a contract or the subcontractor, you have to

09:20:16 disclose that.

09:20:17 I think that was two or three years ago, maybe more.

09:20:22 Am I correct, Mr. Shelby?

09:20:24 >>MARTIN SHELBY: There is a rule, Mr. Chairman, and it

09:20:27 applies to everybody -- I don't know whether council wants

09:20:29 to hear it or not, but in effect does say that if you have

09:20:32 any direct or indirect business or personal interest between

09:20:35 themselves and petitioner or applicant that they shall

09:20:41 disclose that.

09:20:42 The information shall not be used to deny the petition but

09:20:45 goes to the weight of the evidence, information or opinion

09:20:48 provided, and that's rule 6-G.

09:20:51 >>CHARLIE MIRANDA: I understand.

09:20:51 Thank you very much.

09:20:52 The reason I ask that is when Dr. Kaplan first started, he

09:20:57 said "our plan" and I said why is he saying "our plan" that?

09:21:04 That got me interested, not that I wasn't interested already

09:21:07 but in listening more carefully.

09:21:09 And the young lady came up and said "I'm the marketing

09:21:12 director."




09:21:13 Oh, you have no interest, I guess.

09:21:14 Then Dr. Kaplan when asked, I believe, another council

09:21:18 member asked, "what is your role?"

09:21:21 Said I'm the medical director or will be the medical

09:21:25 director. I don't know if he has a financial interest, if

09:21:27 he's doing it for free.

09:21:28 I don't know that.

09:21:29 Then the third party, the young lady by the name of Thea --

09:21:35 I hope I didn't mispronounce your name.

09:21:38 I apologize if I did. And you are in the profession with

09:21:42 Eli Lily.

09:21:45 I guess you don't make any psychiatric drugs.

09:21:48 If not you wouldn't be here.

09:21:49 I don't know.

09:21:51 Do you sell drugs in this operation?

09:21:53 Are you part of this operation?

09:21:54 Or do you have a vested interest in this operation?

09:21:57 What is it?

09:21:58 >> (off microphone)

09:22:03 >>CHARLIE MIRANDA: I'm asking the question, councilor.

09:22:06 >> I'm not sure you have the right witness.

09:22:08 >>CHARLIE MIRANDA: That's the lady who said she was the --

09:22:11 >> I'm the marketing director.

09:22:14 >>CHARLIE MIRANDA: Marketing director.

09:22:15 >> And, no, I do not have a vested interest.




09:22:18 >>CHARLIE MIRANDA: But you are working with the operation as

09:22:20 marketing director?

09:22:20 >> Yes --

09:22:23 >>CHARLIE MIRANDA: That's not a vested interest, right?

09:22:25 >> No.

09:22:26 >>CHARLIE MIRANDA: I see.

09:22:26 Okay.

09:22:27 The other person who was here testifying earlier?

09:22:36 You testified as an expert witness.

09:22:44 Am I correct?

09:22:45 >> Will you restate your question, please?

09:22:48 >>CHARLIE MIRANDA: You testified as an expert witness

09:22:49 earlier?

09:22:50 >> Yes.

09:22:52 >>CHARLIE MIRANDA: Okay.

09:22:52 Do you have any vested interest in this operation at all?

09:22:56 >> At our facility --

09:22:59 >>CHARLIE MIRANDA: I didn't ask that.

09:23:00 Do you have a vested interest or not?

09:23:02 >> I would like to be employed as the director when it is

09:23:05 initiated.

09:23:08 >>CHARLIE MIRANDA: All right.

09:23:08 Thank you very much.

09:23:11 Okay, downfall.

09:23:13 Round two.




09:23:15 Council members, any questions?

09:23:17 Any questions on round two?

09:23:19 Mrs. Montelione?

09:23:21 >>LISA MONTELIONE: I have one question.

09:23:23 Again for now.

09:23:27 The number of bedrooms currently is seven, as we have heard

09:23:33 in the testimony, with seven bathrooms from the multiple

09:23:37 listing service description for the sale of the home.

09:23:44 And it was also stated that the ideal facility has two

09:23:49 patients per room.

09:23:52 So as someone else had done before, did the math, that seven

09:23:56 times two, which would be 14 people.

09:24:03 Three people per room.

09:24:06 Obviously we get to 21.

09:24:08 And I'm assuming -- because on the site plan, it doesn't

09:24:16 have the layout, the floor plan of the residence

09:24:22 constructed.

09:24:24 Usually residences don't have commercial kitchens that are

09:24:27 suitable to serve meals three times a day to not only the 21

09:24:31 people but potentially the five staff, 26 people, maybe

09:24:37 security, 27 people, so that's a pretty busy kitchen.

09:24:46 Is it contemplated that there's going to be three people per

09:24:49 room, two people per room?

09:24:53 And the question that was brought up by one of the residents

09:24:57 was delivery of linens and food and supplies and things to




09:25:05 care for a facility that houses 21 people.

09:25:09 So can you address that, Mr. Grandoff?

09:25:12 >>JOHN GRANDOFF: Well, it has not been planned and the

09:25:23 question of how many folks will be in a room is not really

09:25:25 germane to this hearing.

09:25:26 That's a discussion of enter your planning as regulated by

09:25:29 the building department and by the state.

09:25:30 >>LISA MONTELIONE: Well, talking about how many deliveries

09:25:35 of --

09:25:40 >>JOHN GRANDOFF: Laundry will be done on-site.

09:25:42 There will be some cooking on-site there.

09:25:44 Will be some delivery of food on-site.

09:25:46 Again the particulars of those operational issues have not

09:25:49 been completely evaluated.

09:25:53 We are trying to get land use approval at this point.

09:25:55 We have met -- now how do you resolve that issue in your

09:25:59 minds?

09:26:00 We have met the he agrees and he agrees question.

09:26:03 And the special use criteria. And we have exceeded the

09:26:06 parking code.

09:26:08 So at that point, the property owner is allowed to plan

09:26:12 within the four walls of the structure, whether it is

09:26:16 commercial building, retail center, Starbuck's, whatever it

09:26:18 is.

09:26:20 You don't say, well, how many people are going to be in the




09:26:23 booth at Starbuck's?

09:26:27 We are meeting parking.

09:26:29 To answer your question, I have to understand, what are you

09:26:32 stretching for?

09:26:33 >>LISA MONTELIONE: Well, you know, part of the

09:26:37 conversation, I have a feeling, where this is going, is

09:26:41 going to be compatibility.

09:26:43 So --

09:26:45 >>JOHN GRANDOFF: Has nothing to do with the interior.

09:26:49 >>LISA MONTELIONE: It doesn't, but it would, as one

09:26:53 residents pointed out, with the services that are going to

09:26:56 be needed to care for 21 people.

09:26:58 So again, I assume laundry is going to be put on-site.

09:27:05 And I apologize, I had to put a cough drop in my mouth

09:27:09 because to stop the coughing.

09:27:12 >>JOHN GRANDOFF: Well, compatibility questions, what are the

09:27:13 external effects of the projects, and those are ingress and

09:27:14 egress, and we have met those.

09:27:18 The other external effects are the building structure.

09:27:21 The building structure exists.

09:27:23 And apparently that was okay, in a previous use as a

09:27:29 residence.

09:27:30 So there is no issue as to the structure per say, nor can

09:27:33 you regulate architecture.

09:27:36 The site plan shows there will be a Viburnum hedge very




09:27:42 thick, throughout the perimeter of the building, and here is

09:27:44 the entrance, plenty of parking, green space, landscape

09:27:50 area, stormwater drainage.

09:27:53 We could put a condition in the plan that will prohibit any

09:27:57 outpatient use.

09:27:58 That is not in the business plan at all.

09:28:01 This is why you have neighborhood meetings originally so you

09:28:04 can ask these questions and have the site plan revised and

09:28:07 put these conditions on there.

09:28:08 I received one phone call from Rita brown who spoke to you

09:28:15 this evening, and she wanted a site plan.

09:28:18 And I included a site plan on the 15th, said please call

09:28:22 me if you have any questions.

09:28:27 I have learned through the grapevine the Sons of Italy was

09:28:31 planning opposition.

09:28:32 I called the young lady that represents Sons of Italy.

09:28:35 May we meet at your facility on your time and your schedule?

09:28:39 We are ready to meet.

09:28:40 This is after giving 30 days notice.

09:28:44 Mr. Grandoff, there's nothing to talk about.

09:28:46 So I tried to begin the meeting.

09:28:48 The offer still remains open to sit down with these folks

09:28:51 and answer any other questions.

09:28:53 I get into my rebuttal.

09:28:56 I'm going on with your question, Mrs. Montelione.




09:28:59 Is there anything else you would like to add?

09:29:01 That's compatibility.

09:29:02 >>LISA MONTELIONE: Thank you.

09:29:05 >>CHARLIE MIRANDA: Mrs. Capin.

09:29:10 >>YVONNE CAPIN: (off microphone)

09:29:12 Thank you.

09:29:12 Thank you for taking care of me.

09:29:14 Professional residential facility.

09:29:15 Okay.

09:29:16 This is for the Planning Commission, policy 18.3.3.

09:29:25 Population is -- it is important to find ways to encourage

09:29:30 appropriate housing that allow for multiple generation to

09:29:34 live in the neighborhood.

09:29:36 Okay.

09:29:38 What seems legal and makes sense on paper, number,

09:29:49 statistics, analysis, they don't tell the story of a

09:29:55 neighborhood.

09:29:56 Neighborhood is organic, and as such individual, unique, not

09:30:01 to be treated as such.

09:30:03 This neighborhood, is this a definition of a neighborhood?

09:30:09 Or is this the definition of this policy?

09:30:11 This is -- tell me.

09:30:13 >> I'm trying to understand your question.

09:30:17 >>YVONNE CAPIN: The question here, population is aging and

09:30:19 it is important to find ways to encourage appropriate




09:30:21 housing options that allow for multiple generations to live

09:30:25 in a neighborhood.

09:30:26 This is under goals, objectives, policies of the Tampa

09:30:30 comprehensive plan.

09:30:34 What does that mean?

09:30:36 And how do you interpret that?

09:30:38 >> When we look, we look at our land use category, and we

09:30:47 look at what typically is allowed in the land use category,

09:30:51 what is allowed under the LDC for uses.

09:30:56 We, as in staff, leave it up to you in your discretion to

09:31:02 figure out issues dealing with overall -- whether you feel

09:31:10 that it's compatible or not.

09:31:12 We are giving you our professional opinion that the

09:31:14 structure remains the same.

09:31:17 It's deemed in your comp plan as a residential use.

09:31:21 The site under the land use category -- under the

09:31:25 residential 20 can be considered for 12 dwelling units.

09:31:29 >>YVONNE CAPIN: You know, I'm not talking about the

09:31:30 building.

09:31:31 I am talking about the neighborhood.

09:31:33 This is in reference to neighborhood.

09:31:35 Policy 18.3.3.

09:31:37 The population is aging.

09:31:39 And it is important to find ways to encourage appropriate

09:31:42 housing options that allow for multiple generations to live




09:31:45 in a neighborhood.

09:31:47 When that is the statement and that is saying, well, because

09:31:51 of this we find it compatible, that I want to know how did

09:32:01 the Planning Commission -- how do you know that this is not

09:32:05 multi-generational neighborhood in the first place?

09:32:10 >>David Hay: Well, I mean, I can read you the definition of

09:32:13 neighborhood that's been adopted by this body in the comp

09:32:16 plan.

09:32:18 >>YVONNE CAPIN: But you include -- this is included in why

09:32:21 it is compatible, that the population is aging, okay?

09:32:26 And it is important to find ways to encourage appropriate

09:32:29 housing options that allow for multiple generations to live

09:32:34 in the neighborhood.

09:32:35 This neighborhood is multi-generational.

09:32:41 >>David Hay: Right.

09:32:45 >>YVONNE CAPIN: But here you are using it, the way I am

09:32:47 interpreting this, is because it's aging, this is a way,

09:32:51 using this facility, is a way to encourage appropriate

09:32:59 options that allow multi-generational.

09:33:01 >>David Hay: Basically, your comp plan looks at residential

09:33:10 neighborhoods.

09:33:10 There's all types of different residential neighborhoods.

09:33:13 This neighborhood is a prime example.

09:33:15 There's a whole mix.

09:33:17 The internal single-family.




09:33:18 There's some commercial on the edges.

09:33:20 Overall, the comp plan looks at increasing housing options

09:33:24 for everyone, within every neighborhood, because you want

09:33:29 people to be able to -- I mean, there's nothing to say that

09:33:34 there won't be people in oakford park using this facility.

09:33:46 >>YVONNE CAPIN: Okay.

09:33:46 >>David Hay: That's as staff how we look at it.

09:33:49 This is deemed a section of the housing.

09:33:52 We look at it as you need to increase all --

09:33:56 >>YVONNE CAPIN: How did you verify population of aging?

09:33:59 All population is aging.

09:34:01 Everybody is aging every day.

09:34:03 >> Correct.

09:34:04 >>YVONNE CAPIN: So then this would apply to the entire City

09:34:07 of Tampa, Hillsborough County, the nation, the world.

09:34:10 Everybody is aging.

09:34:11 So I want to know, is this specific that this is -- I'm

09:34:20 trying to understand this interpretation.

09:34:23 I'm going to go on with that.

09:34:24 I am going to go on.

09:34:26 I am not getting -- this to me absolutely does not retain or

09:34:36 does not explain the neighborhood or a neighborhood.

09:34:41 Also, I want to go back to what where we had the expert

09:34:52 witnesses.

09:34:54 You know,




09:34:55 All three that spoke to us, in my estimation, have a vested

09:35:04 interest, because if this does not, for some reason or

09:35:09 another, open your all three expecting employment, that is,

09:35:20 in my definition, a vested interest S.that the wrong

09:35:27 definition of a vested interest?

09:35:29 Or can I interpret that --

09:35:32 >> We are interested in this project.

09:35:34 Not an issue.

09:35:36 >>YVONNE CAPIN: No, she just came up -- well, excuse me.

09:35:39 Do I hear, no, no?

09:35:41 I heard no -- the lady said no, she did not have a vested

09:35:47 interest.

09:35:51 >>JOHN GRANDOFF: We are certainly admit that.

09:35:52 We are not hiding the ball on anything.

09:35:55 They will work there if it is passed.

09:35:59 >>YVONNE CAPIN: I understand that.

09:36:00 She did say no.

09:36:01 So the expert witness.

09:36:02 But when they first came up, one said she would be the

09:36:07 broker or the marketing --

09:36:13 >>JOHN GRANDOFF: I bring them as expert witnesses because

09:36:15 you need to know how the facility will operate and the

09:36:18 neighborhood needs to understand also.

09:36:19 I cannot testify to that.

09:36:21 Who better to tell you than the medical director and the




09:36:24 administrative folks who will be there in the neighborhood,

09:36:27 in the neighborhood.

09:36:30 So the best witnesses.

09:36:32 That's why I brought them.

09:36:49 >>CHARLIE MIRANDA: Ms. Mulhern?

09:36:56 >>MARY MULHERN: Thank you.

09:36:57 Okay.

09:36:57 I am going to try not to talk anymore after this one

09:37:00 question for Ms. Feeley.

09:37:06 On page 5 of your staff report.

09:37:12 Section 27-132-D.

09:37:17 Can you show us the pictures again of the --

09:37:22 >> Sure -- building?

09:37:28 Okay.

09:37:53 So what is there about that structure?

09:37:56 That's the view from the neighbors across the street, right?

09:37:58 >>ABBYE FEELEY: It is from Lincoln.

09:38:03 >>MARY MULHERN: So what is it about that structure that

09:38:05 actually shows normal residential structure?

09:38:12 What is it about that building that makes it look like a

09:38:15 house?

09:38:22 Does that look like a house to you?

09:38:25 If you were driving by would you think that was a house or

09:38:28 an office?

09:38:28 >>ABBYE FEELEY: I think it could be either.




09:38:36 Sorry.

09:38:36 >>MARY MULHERN: Since it's been built, how has it been

09:38:40 used?

09:38:41 >> It was built as a house.

09:38:44 It has been a house.

09:38:45 It was listed as a residence.

09:38:47 >>MARY MULHERN: As it ever been occupied as a house?

09:38:51 >>ABBYE FEELEY: Yes.

09:38:52 >>MARY MULHERN: Okay.

09:38:53 We don't know -- if someone testified to that I would like

09:39:00 to hear from the neighbor here.

09:39:09 >> Cynthia Baluja, 611 North Lincoln.

09:39:11 I live catty-corner across the street.

09:39:14 When the house was originally built, no one ever resided

09:39:20 there.

09:39:22 Approximately two years ago, the gentleman from down the

09:39:26 street, he opened up -- he lived there in -- I don't have a

09:39:36 picture.

09:39:37 The front of the house is what actually would be considered

09:39:42 offices.

09:39:43 Then you go down the sides of the house and that's where the

09:39:47 bedroom split off to the bathroom.

09:39:50 The kitchen is across the back with a two-story structure on

09:39:53 top of it.

09:39:54 Now, there was a gentleman who lived down the street, and he




09:39:56 did reside there for about a year, I would say.

09:40:04 He had a golfing company that he did graphics, where you

09:40:10 could learn to correct your swing.

09:40:14 He lived there in the front of it, and he also ran his

09:40:17 business out of there.

09:40:19 >>MARY MULHERN: So it was never -- since that building was

09:40:23 built, it's been used as a residential office, or

09:40:27 residential and --

09:40:29 >> He lived in the front and did he some golf work.

09:40:35 But there's never been a family lived there.

09:40:38 We have never been able to have that luxury of having a nice

09:40:41 large family to occupy those seven bedrooms.

09:40:45 So --

09:40:46 >>MARY MULHERN: All right, thank you.

09:40:47 Abbye, the question was about that specific about the

09:40:51 external features.

09:40:52 So I guess to me it doesn't look like a house.

09:40:54 >>HARRY COHEN: Other questions or comments by council

09:41:04 members?

09:41:04 Councilwoman Montelione.

09:41:06 >>LISA MONTELIONE: Thank you.

09:41:09 I have been going through making check marks next to the

09:41:14 items on the staff report.

09:41:18 And I have been able to check off some of them where the

09:41:21 criteria has been met.




09:41:22 And others, I haven't yet been able to check off.

09:41:28 Now, one of the things that I haven't checked off is under

09:41:39 section 27-132 again -- and this is number E, letter E --

09:41:45 earlier described type of treatment and security that will

09:41:50 be provided at the facility.

09:41:51 It does mention in that note that we talked about earlier,

09:41:54 the type of treatment, drug and alcohol, substance abuse,

09:42:02 but it says security is thoroughly described, security that

09:42:08 will be provided at this facility, and the note simply

09:42:13 states, a secure company to protect our guests and residents

09:42:17 will be on premises at all times.

09:42:21 But to me that's not really thoroughly as required in the

09:42:27 plan.

09:42:28 So alarm system, locked doors, buzzer gates, you know, that

09:42:37 to me would be thoroughly describing security, not that we

09:42:40 have a security company.

09:42:44 That one I'm still out on.

09:42:46 As far as that being met.

09:42:54 >>JOHN GRANDOFF: We can --

09:42:56 >>LISA MONTELIONE: Let me state them and then you can

09:42:58 address them.

09:42:59 The other thing that I haven't gotten exactly comfortable

09:43:02 with is that the use would not establish a precedent or

09:43:07 encourage more intensive or compatible uses in the

09:43:11 surrounding area.




09:43:16 There's RO-1 all the way down the block.

09:43:20 There is commercial general in front of it.

09:43:22 The rest of it is alls is 50.

09:43:26 So I'm not sure, you know, if someone else came in to

09:43:33 rezoning another piece of the block, you know, then would

09:43:39 this be a basis of her decision, so that I'm not really

09:43:44 clear on or feel comfortable yet to check that response off.

09:43:49 >>JOHN GRANDOFF: Not a rezoning.

09:43:51 >>LISA MONTELIONE: I know it's a special use.

09:43:53 But I'm saying one of the criteria under 27-129 says that

09:43:58 this use would not establish a precedent or encourage more

09:44:02 intensive or incompatible uses in the surrounding area.

09:44:08 So saying if this is being used as a treatment facility,

09:44:11 would we use the approval of this S-2 application to say in

09:44:15 the next one if something were to come forward --

09:44:20 >>JOHN GRANDOFF: You have the distance requirement.

09:44:21 >>LISA MONTELIONE: Does this encourage more intensive or

09:44:28 incompatible uses? That's what I am getting at under

09:44:31 27-129.

09:44:32 Abbye, do you want to address that?

09:44:38 >>ABBYE FEELEY: Back to the criteria that run with this is

09:44:40 that you can't have another one of these within 2,000 feet

09:44:43 and you can't have another one within a congregate --

09:44:46 >>LISA MONTELIONE: Okay.

09:44:46 >>ABBYE FEELEY: That links back to the specific criteria




09:44:53 running with this.

09:44:53 >>LISA MONTELIONE: So thank you.

09:44:55 So it doesn't encourage a more intensive or incompatible use

09:44:59 base there can't be another one within 2,000 feet.

09:45:01 So that answers that question.

09:45:03 I can check that box.

09:45:04 >>ABBYE FEELEY: I could say it couldn't set for

09:45:07 proliferation on those uses because of those other criteria.

09:45:10 >>LISA MONTELIONE: Got it.

09:45:12 Then I guess the other is -- that's kind of it for me as far

09:45:19 as checking boxes.

09:45:21 So if you want to address the security plan.

09:45:26 >>JOHN GRANDOFF: Mrs. Montelione, we simply want to say in

09:45:28 the condition very bluntly that security will be provided.

09:45:33 We can provide an extensive paragraph of security in

09:45:36 conjunction with the state licensing authority, and we would

09:45:40 be glad to share with the neighborhood, say this is --

09:45:42 security is going to be provided.

09:45:44 Remember, not able to get into a dialogue with these folks

09:45:46 as to what they would like to see.

09:45:48 >>LISA MONTELIONE: Well, it's whether or not you provide it

09:45:51 to us, the condition of our code that the site plan must

09:45:56 thoroughly describe the type of treatment and security that

09:45:59 will be provided.

09:46:01 So I think that would need to be provided --




09:46:05 >>JOHN GRANDOFF: The site plan has a hedge around all four,

09:46:09 fence around all four, secured doors, access code only.

09:46:15 >>LISA MONTELIONE: No, that's not shown on here.

09:46:19 >>JOHN GRANDOFF: I know.

09:46:20 I would be glad -- we would be glad to put it on the site

09:46:22 plan.

09:46:23 Again those are operational issues and they are not dictated

09:46:25 by the code per se.

09:46:28 >>LISA MONTELIONE: I guess that's what I am looking for.

09:46:31 Thoroughly described security plan.

09:46:32 That's what we are looking for.

09:46:35 >>JOHN GRANDOFF: We can do that.

09:46:37 >>LISA MONTELIONE: And the other -- this is more, as chair

09:46:42 Cohen said, comments or questions.

09:46:44 This is more of a comment than a direct question, and that

09:46:47 is, I have a difficult -- this is a really, really difficult

09:46:52 decision, the amount of time that we spent on this, a very

09:46:55 difficult case.

09:46:58 According to our code, most of the conditions have been met.

09:47:01 Whether or not it's compatible is more of a philosophical

09:47:04 translation of what this body is going to do, and make that

09:47:08 decision.

09:47:10 Treatment facilities are very important.

09:47:13 We have talked about finding places for our homeless

09:47:17 population, and where our chronically homeless will live.




09:47:22 We have a large population in the City of Tampa.

09:47:25 And if you extrapolate out to all of Hillsborough County,

09:47:28 large population, he specially urban ones, come with a lot

09:47:33 of individual problems.

09:47:37 I do get some of my education in the field of social work,

09:47:40 so I understand that there are a variety of ills that need

09:47:47 to addressed in society.

09:47:48 And one of the criteria in our code under 27-129, number 3,

09:47:56 says the use is compatible with contiguous and surrounding

09:48:00 property, or -- or the use is a public necessity.

09:48:07 Now, is treatment facility for individuals with alcohol and

09:48:13 drug abuse problems a public necessity?

09:48:15 I would say absolutely it is.

09:48:17 If they were housing homeless individuals, is that a public

09:48:20 necessity?

09:48:21 I would say it is.

09:48:22 If they were housing homeless individuals, would the

09:48:25 community be satisfied with having homeless individuals now

09:48:30 residing in their neighborhood?

09:48:31 Probably not.

09:48:32 So, you know, we all address neighborhood to come to us in

09:48:41 Ybor City, one on a regular basis when we are looking at our

09:48:44 code for boarding and rooming houses, talking about there

09:48:48 are too many places in our neighborhood.

09:48:50 Tampa Heights, same thing.




09:48:52 There are too many places in our neighborhood.

09:48:54 So if we are to provide services for the public good, for

09:48:59 the social ills that we all face, then, you know, we might

09:49:07 have to look at dispersing facilities around the city and

09:49:12 around the county.

09:49:13 We don't have decisions over the county but we do in the

09:49:18 city.

09:49:18 And it's very difficult to decide where is the appropriate

09:49:21 place?

09:49:22 It's very difficult to integrate individuals into a

09:49:27 residential neighborhood, and oftentimes residential

09:49:31 neighborhoods and where they need to be, because they can't

09:49:33 be in a place where, you know, drugs and alcohol are readily

09:49:39 available.

09:49:40 So they will be on the streets looking for drugs and

09:49:47 alcohol.

09:49:48 But it's a very difficult decision for me.

09:49:50 And I just wanted, since we can't discuss this in any other

09:49:54 forum but right here, I just wanted my other council members

09:49:57 to understand that I do struggle with this.

09:50:01 And morally and he motionly, and in accordance with our code

09:50:05 of ordinances and regulations, and I'm sure everyone who

09:50:09 came up to speak who said, you know, I have nothing against

09:50:14 treatment centers, I have nothing against people who need

09:50:16 help, well, we can't, by code, we can't locate these




09:50:22 facilities in industrial areas that is surrounded by nothing

09:50:25 but warehouses and factories.

09:50:27 We are not allowed to put residential types of uses in those

09:50:30 areas.

09:50:30 So where are we going to put them?

09:50:32 We are going to put them in some neighborhoods that have a

09:50:35 mix of single-family, multifamily, townhouses, duplexes, you

09:50:40 know.

09:50:41 We are constructed.

09:50:43 And I'm not saying that I find it completely compatible.

09:50:48 I'm not saying that I find it completely incompatible.

09:50:57 It's very difficult.

09:50:59 I checked off a lot of boxes but I still have a couple that

09:51:03 I am struggling with.

09:51:05 >>CHARLIE MIRANDA: Thank you.

09:51:05 Let me just say that the petitioner still has not been given

09:51:10 his time for rebuttal.

09:51:12 We have been asking questions.

09:51:13 We are going to go oh to that after Mr. Cohen speaks, I

09:51:16 hope, because I think we have talked this and discussed this

09:51:19 from every which way east, west, south, north, in, out,

09:51:25 whatever.

09:51:25 And we have six other hearings that noticed our attention

09:51:28 just as vividly and as intellectually as we can give the

09:51:32 other six hearings that come up after this one.




09:51:35 Mr. Cohen.

09:51:36 >>HARRY COHEN: Thank you very much, Mr. Chair.

09:51:39 I will be brief.

09:51:41 I think that Councilwoman Montelione just did a very

09:51:44 thorough and excellent job of describing a lot of the

09:51:48 considerations that we have to take into account here as we

09:51:52 are weighing the evidence in this matter.

09:51:57 But I do want to point out something else that it says here

09:52:01 about what we are to consider.

09:52:03 Just so that the totality of the elements that worry going

09:52:10 to be weighing here, and what I am talking about is the

09:52:17 language that says it's appropriate to the nature of the

09:52:19 special use permit involved in the particular circumstances

09:52:22 of the case.

09:52:24 There's a list of considerations that you apply generally.

09:52:27 And I want to just bring everyone's attention to number 7,

09:52:34 which is control of potentially adverse effects generally.

09:52:40 After you have gone through lighting and utilities and

09:52:43 drainage and all of the other things that have to be taken

09:52:47 into account, we are instructed to look at the circumstances

09:52:51 of the particular case.

09:52:54 Due consideration shall be given to potentially adverse

09:52:58 effects generally on adjoining and nearby properties.

09:53:03 The area, neighborhood of the city, the use of the occupancy

09:53:09 proposed, it's construction, design, character, scale or




09:53:14 manner of operation.

09:53:16 I think that as we are considering this matter, the

09:53:24 consideration of potentially adverse effects to generally

09:53:28 adjoining and nearby properties is something we have to

09:53:34 consider, and I think that manner of operation is something

09:53:37 that is in our purview to consider.

09:53:40 And those are subjective elements.

09:53:43 Those are not elements that are necessarily ones that can be

09:53:47 quantified.

09:53:49 And often, when we are making those considerations, we have

09:53:53 to rely on the overall general character of the neighborhood

09:53:58 as we see it.

09:54:00 And I just think that we all need to keep that in mind as we

09:54:05 weigh how we are going to work through this issue.

09:54:08 >>CHARLIE MIRANDA: Thank you.

09:54:08 Any others?

09:54:11 Mr. Grandoff, you have got five minutes.

09:54:14 >>JOHN GRANDOFF: Thank you.

09:54:14 I would like to bring Dr. Kaplan up to explain how the

09:54:17 residents will come and go from the building.

09:54:19 >> Quickly because I know there were concerns about parking

09:54:25 and 21 residents.

09:54:31 They are not a driving to the facility.

09:54:33 Loved ones bring them.

09:54:35 Some people may be flying in from other states and we pick




09:54:39 them up at the airport so there would not be people driving

09:54:42 to the facility.

09:54:44 That's been my experience with many other residential

09:54:48 treatment facilities.

09:54:49 Thank you.

09:54:54 >>JOHN GRANDOFF: On Mr. Hays report -- I want to pick up

09:54:57 with Mrs. Capin's comment, on the last page.

09:55:04 It notes a policy -- and this goes also to Mrs. Montelione's

09:55:08 findings -- it notes a policy that we shall encourage the

09:55:11 efficient use of existing housing by providing

09:55:13 rehabilitation programs and incentives.

09:55:16 This is on page 3 of Mr. Hays report.

09:55:19 And also we will reduce barriers do it siding of housing of

09:55:23 elderly people, or people with disabilities -- these are

09:55:27 people with disabilities.

09:55:28 As residential locations throughout the city that have

09:55:31 access to needed social services and transit -- transit

09:55:36 doesn't matter in this one -- while recognizing the

09:55:38 different population versus different needs.

09:55:39 This is all about the institutionalization of mental

09:55:44 illness.

09:55:46 You have to give people a chance somewhere.

09:55:49 Your code has pointed the direction. It is said in the RO 1

09:55:53 district we will allow you a special use process, not a

09:55:56 rezoning, a special use process.




09:55:59 If you neither meet these criteria, you are entitled to a

09:56:02 permit unless you receive competent, substantial evidence in

09:56:07 opposition that rebuts the proof that has been provided this

09:56:10 evening.

09:56:11 These folks admitted repeatedly they understand people need

09:56:15 help, they just don't want it here.

09:56:18 I don't want it here is not competent, substantial evidence.

09:56:26 No signs will be on the facility.

09:56:29 No Baker Act.

09:56:31 No criminals.

09:56:31 No sex offenders.

09:56:33 We will put it in a condition.

09:56:35 We'll put a condition verbatim, awed nauseam, whatever you

09:56:40 want, particularly to what Dr. Kaplan and what Jackie and

09:56:44 ALTHEA will be providing to these folks.

09:56:48 There's ample parking.

09:56:51 Excuse me, I am going through my notes.

09:56:59 We have in a problem with rehabilitation.

09:57:03 Quote.

09:57:04 But this is not where it needs to be.

09:57:06 That's Mrs. Baluja.

09:57:10 Cumulative.

09:57:17 Another conclusion: It's not compatible or consistent.

09:57:20 But no proof.

09:57:21 Conclusory statement is not compatible or consistent.




09:57:24 Why is it?

09:57:25 It just isn't.

09:57:27 That doesn't meet the criteria. That does not serve the

09:57:29 public, health safety and welfare, what you are charged to

09:57:32 enforce in chapter 27.

09:57:38 One lady, Felicia Jacobson, admits, we are all going to say

09:57:43 the same thing.

09:57:46 This is going to include criminals.

09:57:49 No, it's not.

09:57:50 That's not competent, substantial evidence.

09:57:54 You are complicating our lives.

09:57:58 There's no safety.

09:58:01 I have been to pain management centers.

09:58:04 This is Eric.

09:58:06 His last name I didn't receive.

09:58:08 We never expected this in the neighborhood.

09:58:10 This RO-1 district zoning, we are asking for special use

09:58:16 application.

09:58:19 Discussion about a gentleman whose wife's jewelry was will

09:58:23 stolen.

09:58:23 That is not competent, substantial evidence.

09:58:26 Gary Lewis stands up and says the showing of all these

09:58:31 people here speaks volumes.

09:58:33 Quote.

09:58:33 The showing of all these people here speaks volumes.




09:58:36 Therefore it is not compatible.

09:58:41 Spoke to you about wanting to meet with Mrs. Rita brown, my

09:58:45 phone call was never returned.

09:58:47 Excuse me, my letter was never answered.

09:58:50 This is not an outpatient facility.

09:58:52 (Bell sounds)

09:58:53 This will be a top notch operation.

09:58:55 You have qualified people.

09:58:57 I provided the curriculum vitae to you.

09:59:00 Now what you have here.

09:59:01 We are more than willing to meet with this neighborhood to

09:59:04 ferret out all their concerns, place all the conditions that

09:59:07 you feel are necessary to make this comfortable for you, and

09:59:11 will meet all the state licenses.

09:59:13 I respectfully request your enlightened understanding of the

09:59:18 mission of what this project will do and for the community

09:59:23 you approve it.

09:59:25 >>CHARLIE MIRANDA: Thank you very much.

09:59:25 Mr. Suarez?

09:59:27 >>MIKE SUAREZ: Chair, I would like to make a motion at this

09:59:29 time.

09:59:31 Oh, I'm sorry.

09:59:32 Move to close the hearing.

09:59:34 >>CHARLIE MIRANDA: Move to close the hearing?

09:59:37 >>CHARLIE MIRANDA: Motion to close the hearing by Mr.




09:59:38 Suarez.

09:59:38 Second by Mr. Reddick on a close vote with Mrs. Mulhern.

09:59:41 Further discussion by council members?

09:59:42 All in favor of the motion please signify by saying aye.

09:59:45 Opposed nay?

09:59:46 Motion passes unanimously.

09:59:48 Hearing is now closed.

09:59:49 Mr. Suarez, you have the floor.

09:59:50 >>MIKE SUAREZ: I would like to make a motion to deny the

09:59:53 application based on section 27-129, general standards, A,

09:59:58 substandard 1, that this particular use will not ensure the

10:00:03 public health, safety and general welfare if located where

10:00:06 proposed and developed, and that under the same section,

10:00:11 section 27-129, under subsection A-3 that the use is not

10:00:19 compatible with continuous surrounding property.

10:00:22 It is also under subsection 27-129-A-7, the control of

10:00:29 potentially adverse effects generally, specific in the

10:00:36 substantial evidence on it was presented by their own

10:00:41 medical director concerning the potential adverse effects

10:00:45 under the protection of the folks in that particular

10:00:49 neighborhood.

10:00:51 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

10:00:52 Do I have a second?

10:00:53 Second by Mrs. Mulhern.

10:00:55 Further discussion by council members?




10:00:57 All in favor of Mr. Suarez' motion please indicate by saying

10:01:00 aye.

10:01:01 Opposed nay.

10:01:03 Motion to deny passes 6 to 1.

10:01:06 >>THE CLERK: Motion carried with Montelione -- [~Cheers and

10:01:10 Applause~]

10:01:14 >>CHARLIE MIRANDA: Please.

10:01:19 I have six more hearings.

10:01:20 Please.

10:01:21 >>THE CLERK: Motion carried with Montelione voting no.

10:01:24 Thank you.

10:01:25 >>JOHN GRANDOFF: Thank you for your attention this evening,

10:01:27 members of council.

10:01:28 And I just want to make sure the clerk has all of the

10:01:30 material that I have --

10:01:32 >>CHARLIE MIRANDA: I understand.

10:01:32 And I appreciate it very much.

10:01:34 The clerk has always done a fine job as you well know, sir.

10:01:38 >>JOHN GRANDOFF: Thank you.

10:01:40 >> Thank you.

10:01:42 >>CHARLIE MIRANDA: Please.

10:01:42 We are going to take a three-minute recess so we can get to

10:01:45 hearing number 6.

10:01:49 >>> (brief recess)

10:01:56 >> (Roll call)




10:08:20 >>CHARLIE MIRANDA: Item number 6.

10:08:22 >>ABBYE FEELEY: Item number 6 is Z-13-10, 4725 and 4729

10:08:33 north Habana Avenue, 2533 and 2537 west Curtis and 2700 west

10:08:39 Osborne Avenue, PD planned development, office medical, to

10:08:45 PD, office medical.

10:08:46 >>David Hay: Planning Commission staff.

10:08:53 I have been sworn.

10:08:55 While we continue the run of cases in the central planning

10:08:59 area with our next case, this one located at the northeast

10:09:02 corner of north Habana Avenue, and west Curtis street.

10:09:05 The subject site is located approximately 1,500 feet north

10:09:08 of the maintain St. Joseph's hospital campus.

10:09:13 Onto the aerial.

10:09:14 The subject site is in the center of the map, as you can see

10:09:16 from the aerial the subject site sits between two

10:09:19 predominant development patterns, to the south we have

10:09:22 multifamily and nonresidential uses, to the north you can

10:09:25 see that the predominant pattern of single-family detached

10:09:28 with some small office uses along Habana Avenue.

10:09:35 Other than the future land use map the majority of the

10:09:36 subject site and parcels to the south, west and north are

10:09:39 all designated residential 35.

10:09:41 Parcels to the northeast and east of the subject site are

10:09:44 designated residential 10.

10:09:46 Planning Commission staff found the proposed development is




10:09:48 sensitive to the existing development patterns found within

10:09:52 the existing area.

10:09:52 The buildings are oriented towards Habana with parking in

10:09:55 the rear, within the comprehensive plan.

10:09:58 Overall the development is comparable and compatible with

10:10:00 existing surrounding development patterns, is an appropriate

10:10:03 use and scale within the residential 35 future land use

10:10:06 category, and based on those findings Planning Commission

10:10:10 staff found the rezoning consistent with the Tampa

10:10:12 comprehensive plan.

10:10:13 >>ABBYE FEELEY: Thank you, David.

10:10:26 The request before you tonight -- Abbye Feeley, land

10:10:30 development -- is to expand an existing medical office as

10:10:33 well as to construct new medical office.

10:10:38 You may recall this piece of property is actually made up

10:10:42 currently of a PD on the north portion, RS-50, and then

10:10:52 about a year and a half ago we did one on the eastern side

10:10:55 of the property that's being constructed.

10:10:57 The property has been acquired since that time and now are

10:11:03 seeking to make the expansion.

10:11:07 This is an aerial of the site.

10:11:10 Habana to the west.

10:11:11 Curtis to the south.

10:11:12 Osborne to the north.

10:11:17 I will go ahead and show you some pictures of the site and




10:11:19 then run through the specifics.

10:11:23 This is the intersection, disease center on Habana Texas

10:11:28 corner of Habana and Osborne, south along Habana, to the

10:11:33 existing parking area.

10:11:35 This is one of the two houses that was acquired.

10:11:41 This is last year when I did the special use that was the

10:11:45 same house that was for sale there, in that location.

10:11:49 Moving south, this centerpiece has been cleared.

10:11:58 I'm just telling Mr. Gardner I think I have a historic photo

10:12:01 of that as well that has the other house there.

10:12:04 This is going to be this portion of the site with the new

10:12:06 medical office.

10:12:07 This is just to the south.

10:12:11 Another shot.

10:12:14 Moving along Curtis and heading east now, this is at Curtis

10:12:18 and Habana looking north.

10:12:23 Looking north.

10:12:23 This was at the time the special use what was previously

10:12:25 there.

10:12:27 So wasn't in really good shape, looks a lot better now.

10:12:34 Here is the special use portion of the site, where the

10:12:37 improvements were made for the parking.

10:12:39 The single-family next door.

10:12:44 On the north side of the site on Osborne, this is adjacent

10:12:47 to the existing medical, the existing office, and there is a




10:12:55 gate that we will be talking about momentarily there.

10:12:58 So this is the area of the site where the expansion to the

10:13:01 existing structure would occur.

10:13:05 This is back toward Habana.

10:13:08 This is at the north corner of Habana and Osborne.

10:13:14 And Osborne and on the western side of Habana.

10:13:17 This is from the parking area looking back west to Habana.

10:13:23 And the tower, radiology or imaging to the south of the

10:13:28 site.

10:13:29 The parking comes back, equal to, a little bit greater than

10:13:36 the parking that was approved for the special use.

10:13:37 It goes back further than that.

10:13:40 What I did on your staff report was did the waivers as they

10:13:44 were previously approved pursuant to the existing PD zoning,

10:13:48 the special use, and then the new waivers that are being

10:13:50 requested before you this evening for the proposed expansion

10:13:54 and new construction.

10:13:55 Those waivers are three of them that are in addition to what

10:13:58 has already been granted on the site.

10:14:00 The first is to reduce the parking from 105 to 97 spaces due

10:14:06 to the grand tree.

10:14:07 The second to allow for nonresidential access to a local

10:14:10 street, west Curtis.

10:14:12 You already granted that access as part of the special use

10:14:15 on the piece to the east.




10:14:17 This would be for the additional driveway on the office

10:14:20 building, the new office building.

10:14:22 And the last is to allow for percentage of tree removal to

10:14:25 be increased from 50% to 64% given the site is now over an

10:14:29 acre.

10:14:31 As I mentioned to you the request before you tonight is to

10:14:34 expand an existing medical office use, and incorporate

10:14:37 additional land to construct a now medical office building.

10:14:40 The northwest portion of the property was zoned PD in 2003

10:14:44 for medical office and associated parking.

10:14:46 The southeast was done as a special use for parking in 2012.

10:14:51 This would bring everything in to one development plan.

10:14:55 Current application seeks to incorporate the two residential

10:14:58 lots to be developed with 6900 square foot medical office.

10:15:03 The overall development plan includes the existing 7200

10:15:07 square foot medal office with a 3,000 square foot expansion

10:15:12 for 10,200 square feet and then the 6900 which would give

10:15:16 you 17,100 total square feet on the property.

10:15:21 The PD setbacks are as follows: North 20-foot from Osborne

10:15:25 south 15 feet from Curtis, west 25 feet from Habana and east

10:15:31 10 feet.

10:15:32 Maximum building height is proposed at 35 feet.

10:15:34 105 parking spaces are required and 97 spaces are being

10:15:40 provided due to the existing grand tree.

10:15:46 There are a couple modifications that need to be addressed.




10:15:49 One is from land development.

10:15:51 They no longer need the 24-foot waiver, as 24-foot is now

10:15:55 standard code.

10:15:56 The second not mentioned in my report, I just remembered

10:15:58 talking to Mr. Gardner is that the legal description that

10:16:02 was certified for the hearing needs to be actually placed on

10:16:06 the plan.

10:16:06 There's a different legal on there.

10:16:08 So if I can add that in there.

10:16:10 Solid waste has some modifications that need to be taken

10:16:16 care of between first and second reading.

10:16:18 There is a graphic on page 4 of the report.

10:16:21 Transportation has a finding of inconsistency related to the

10:16:25 access on Curtis and Osborne as they are a local street.

10:16:30 They also are asking that the gate that is on the property

10:16:41 be removed.

10:16:46 Jonathan Scott is here from transportation this evening.

10:16:49 They want some other things labeled, gravel parking spaces

10:16:53 need to be labeled as hard rock material and remove the four

10:16:57 new parking spaces as shown in the diagram.

10:17:04 Lastly, natural resources have modifications that need to be

10:17:07 made between first and second reading.

10:17:10 Those are clearly outlined on page 7 of the report.

10:17:14 Staff did find the request consistent, and we are available

10:17:16 for any questions.




10:17:25 >>CHARLIE MIRANDA: Petitioner?

10:17:26 >> Truett Gardner.

10:17:28 I will be incredibly brief but I did want to clarify what is

10:17:31 going on and then three slight revisions to the revision

10:17:35 sheet.

10:17:37 So in 2003, from this line moving north, and everything you

10:17:43 see was the 2003 PD.

10:17:46 Last year, to the right, was the special use for the

10:17:50 parking.

10:17:51 These were the additional two lots acquired so now we are

10:17:55 basically placing a blanket PD over everything.

10:17:59 The prior PD -- and this will come up.

10:18:01 This is one of the slight modifications -- allowed for

10:18:05 access off of Habana.

10:18:07 It flowed through and out onto Osborne.

10:18:11 The waiver was granted that's still in place for that

10:18:16 access.

10:18:17 That being said, there are three residents here tonight, and

10:18:25 in your room out there come to an agreement.

10:18:27 The biggest change which helps them the most is this

10:18:29 proposed building here will be placed and will basically

10:18:32 block the ability to drive through and circulate out.

10:18:35 There are -- we are proposing and would like to keep two

10:18:38 parking spaces there.

10:18:40 Their concern was over the years, this has been used by




10:18:44 solid waste, by deliveries.

10:18:46 That will now be shut down as a result of this building.

10:18:50 I also agreed for three things that I will put on before

10:18:58 second reading, one that we will be limited to two parking

10:19:01 spaces for the soul use of medical staff, two spaces, so

10:19:06 deliveries or waste management shall be strictly prohibited

10:19:09 from this area, and three, they are concerned about

10:19:11 additional parking spaces popping up here.

10:19:13 I also agree to install ballards on the north and south side

10:19:18 of parking spaces one and two, and we'll place those on the

10:19:22 site plan.

10:19:23 That handles their issue.

10:19:25 The other two are very technical matters.

10:19:28 What Jonathan didn't pick up, and I can understand exactly

10:19:31 why, when we did the special use there was a large Magnolia

10:19:34 tree here.

10:19:34 It did not survive.

10:19:36 It is gone.

10:19:37 But it's obviously still shown in that area.

10:19:40 So these four parking spaces will be able to remain.

10:19:44 And that's one revision to the revision sheet that we would

10:19:47 like to make.

10:19:47 Secondly, this is a gravel lot.

10:19:52 Their note requests special kind of rock.

10:19:54 It was permitted.




10:19:56 We wanted to make sure the existing can remain.

10:19:59 And that's it.

10:20:01 >>CHARLIE MIRANDA: Questions by council members? Anyone in

10:20:02 the audience care to speak on this item number 7?

10:20:05 Z-13-10, please come forward.

10:20:14 Give it to the clerk here.

10:20:32 >>THE CLERK: Is Nelson Mongiovi here? And Giacito Frikow?

10:20:37 That's two additional minutes.

10:20:39 >>CHARLIE MIRANDA: For a total of five.

10:20:40 >> My name is Geraldine Mongiuvi, West Osborne Avenue.

10:20:46 And this is the --

10:20:49 >>CHARLIE MIRANDA: Put the mike in front of you.

10:20:50 We have trouble hearing.

10:20:51 >> I'm sorry.

10:20:52 This is the eleventh time before City Council since 1971.

10:20:56 To protect our neighborhood and our residential road.

10:21:01 Lived there over 40 years and unfortunately most of our

10:21:04 neighbors are elderly and I had a president petition with

10:21:07 everybody, during the long red-shirt meeting, I did meet

10:21:14 with Mr. Gardner.

10:21:15 We came to agreement on our main concern was the access to

10:21:19 Osborne, and this planned development was originally done,

10:21:24 it was strictly ingress or sanitation.

10:21:28 Since then they use it for delivery vehicles, in and out.

10:21:32 There's a rolling gate fence that's just activated by




10:21:34 vehicles.

10:21:36 We spoke with him, and he's agreed that they would put the

10:21:39 two parking places only.

10:21:43 The gate, we would request that they change the ability to

10:21:48 enter and exit short, you know, like open and the gate stays

10:21:55 open ten minutes.

10:21:56 It's open most of the day.

10:21:58 And the other thing that he didn't mention, and that we need

10:22:01 to add in there is the side landscaping as opposed to Don

10:22:08 create that somebody could eventually go through.

10:22:11 Unfortunately when there was a planned development, nobody

10:22:17 knew about it and then I found the papers and I spoke with

10:22:20 Mr. Gardner.

10:22:21 So we are in agreement with this stipulation.

10:22:23 And I saved you all this paperwork that I was going to

10:22:27 present you.

10:22:27 I know you all are tired.

10:22:30 >>CHARLIE MIRANDA: The only thing I can say, Geraldine, is

10:22:32 that I apologize for the errors of the city.

10:22:37 They should have had that and they should have responded to

10:22:39 you and evidently they did not.

10:22:41 >> No, city code enforcement, they had no record of a

10:22:44 planned development.

10:22:44 The people in the facility had -- no matter Howe how many

10:22:49 times we called.




10:22:50 Nobody told us, we don't need to close this gate, who are

10:22:54 you?

10:22:55 So they are in agreement and we can make this just a very

10:22:59 controlled gate, then we can go along as far as the Osborne

10:23:04 Avenue entrance and exit.

10:23:06 >>CHARLIE MIRANDA: I think I can speak for the rest of the

10:23:08 council members in this case, if you have any he problems,

10:23:10 things that are going to be put in this planned development,

10:23:13 call one of the seven of us.

10:23:15 We'll get it fixed for you.

10:23:17 >> Limited access.

10:23:20 Because it's a big area that's remaining.

10:23:22 And if they do what they did before, we can have a lot of

10:23:25 vehicles there.

10:23:26 >>CHARLIE MIRANDA: Understand.

10:23:27 Thank you very much.

10:23:28 Anyone else?

10:23:31 Mr. Gardner, you got five minutes for rebuttal.

10:23:34 >> We are good.

10:23:38 And I think what happened, the development in 2003 did have

10:23:42 that limitation, never conveyed that message to the medical

10:23:45 group that it was sold to, and so no one was aware of this

10:23:50 except for Geraldine.

10:23:51 She brought it to my attention.

10:23:53 >>CHARLIE MIRANDA: Or the petitioner had too many in the




10:23:54 box.

10:23:55 >> Excuse me?

10:23:56 >>CHARLIE MIRANDA: You or the petitioner had too many in the

10:24:02 box.

10:24:02 >>MARY MULHERN: Mr. Gardner, could you tell me specifically

10:24:07 those two things you agreed to?

10:24:09 >> There's three.

10:24:10 One is we are limited to the two spaces and those will only

10:24:13 be for the use of medical staff.

10:24:15 Two, deliveries and/or waste management shall be strictly

10:24:20 prohibited from that area.

10:24:22 Three, we'll agree to replace four ballards is what we

10:24:26 talked about, on the north and south side of parking spaces

10:24:29 one and two.

10:24:31 >>MARY MULHERN: What about what Mrs. Mongiuvi --

10:24:36 >> The other was our 13-foot setback.

10:24:39 What they are concerned about there is the possibility of a

10:24:44 driveway going in.

10:24:45 But that is our setback, and can't put a driveway there.

10:24:51 >>MARY MULHERN: And what was the question about the timing

10:24:53 of the gate?

10:24:54 She said it stays open --

10:24:55 >> I think it's one of those where you pull up and it

10:24:58 automatically opens.

10:24:59 So I think what she would like is more of a keypad, or your




10:25:03 punch button garage type.

10:25:06 >>MARY MULHERN: Can you put that on the site plan?

10:25:07 >> That's fine.

10:25:08 >>MARY MULHERN: Thanks.

10:25:10 >>CHARLIE MIRANDA: Any others?

10:25:10 >>ABBYE FEELEY: Transportation was asking it be removed.

10:25:15 The applicant is saying he wants the gate to remain so

10:25:19 that's going to be addressed by council as to what we are

10:25:21 going to do on that because it is requested on the revision

10:25:23 sheet to be removed.

10:25:25 I have put those three conditions.

10:25:28 Also, the mangolia tree removal and the four spaces able to

10:25:31 stay with the waiver of 101.

10:25:34 So the revision sheet shows 97.

10:25:37 We need to change that to be 101.

10:25:39 And then I believe Mr. Gardner was saying the material as

10:25:44 permitted for the parking lot on the east would remain.

10:25:51 >>CHARLIE MIRANDA: Let me ask this.

10:25:53 If the gate remains and you put four ballards, you can't get

10:25:57 in, you can't drive it, right?

10:26:00 >>ABBYE FEELEY: The ballards that he's talking about are

10:26:03 going to be on the north and south of the spaces so that you

10:26:06 can't fit any additional cars on either side of the two

10:26:11 spaces.

10:26:12 >> This is the existing gate.




10:26:15 And Habana is this way.

10:26:20 So this shows the ability to be able to traverse all the way

10:26:23 through.

10:26:23 So essentially you are going to have a building right there.

10:26:27 Then just internal to the gate is where these two spaces

10:26:30 will be.

10:26:31 Again, this is really reversed.

10:26:36 And the ballards would go here, here, here, and here, to

10:26:41 address the neighbors' concerns that additional parking

10:26:44 spaces can remain.

10:26:46 >>CHARLIE MIRANDA: That's what I thought I heard.

10:26:50 Any other questions by council members?

10:26:52 Anyone else in the audience who has not spoken care to speak

10:26:55 on item number 7, Z-13-36 -- I mean, 6, Z-13-10.

10:27:05 I have a motion to close by Mr. Reddick, second by Mr.

10:27:06 Suarez.

10:27:07 All in favor of the motion?

10:27:08 Opposed?

10:27:09 The ayes have it unanimously.

10:27:11 Ms. Mulhern, do you have that ordinance available here?

10:27:27 >>THE CLERK: This is item 6.

10:27:31 >>CHARLIE MIRANDA: That's right.

10:27:32 6.

10:27:32 >>THE CLERK: For whatever reason, the ordinance is missing.

10:27:38 Hold on a moment.




10:27:39 >>HARRY COHEN: We don't have the verbiage on any of our

10:27:45 agendas.

10:27:46 >>CHARLIE MIRANDA: It's a new system.

10:27:48 It changed from bad to worse.

10:27:52 >>HARRY COHEN: We have in a ordinance.

10:27:55 We have no revision sheets either.

10:27:58 I can't find it.

10:27:58 >> They were all filed that way this time.

10:28:03 >>THE CLERK: Can I a take a one minute res? I believe wick

10:28:08 get a copy in our source's office.

10:28:11 I found it.

10:28:11 Thank you.

10:28:12 >>MARY MULHERN: Will you get the rest of them?

10:28:19 >>MARTIN SHELBY: I have the rest of them.

10:28:22 >>MARY MULHERN: I move an ordinance rezoning pro property

10:28:24 in the general vicinity of 4725 and 4729 north Habana

10:28:31 Avenue, 2533 and 2537 west Curtis and 2700 west Osborne

10:28:36 Avenue from zoning district classifications RS-50

10:28:40 residential single-family and PD planned development,

10:28:44 office, medical, to PD, planned development office, medical,

10:28:48 providing an effective date.

10:28:49 And including the revision sheets and the additional

10:28:55 revisions agreed to by the petitioner.

10:28:57 >> Second.

10:29:00 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern, a second




10:29:02 by Mr. Suarez.

10:29:03 All in favor of the motion?

10:29:05 Opposed?

10:29:06 The ayes have it unanimously.

10:29:08 Thank you very much for attending.

10:29:09 Item number 7.

10:29:10 Z-1336.

10:29:11 >>THE CLERK: Motion carried unanimously.

10:29:13 Second reading and adoption will be on June 27th at

10:29:16 9:30 a.m.

10:29:17 >>ABBYE FEELEY: Land development.

10:29:19 Item 7 is Z-13-36 located at 4507 North Armenia Avenue, 2308

10:29:25 west Farwell drive, and the request before you this evening

10:29:28 is from RO 1 residential office and RS-60 residential

10:29:33 single-family to PD, planned development, office, medical.

10:29:37 >>David Hay: Planning Commission staff.

10:29:49 I have been sworn.

10:29:51 Getting tired.

10:29:52 But we stay in the central Tampa planning district for our

10:29:54 next case, this one located on North Armenia Avenue just

10:29:57 north of Wilshire Boulevard in the Wellswood neighborhood.

10:30:01 As you can see North Armenia Avenue is a transit emphasis

10:30:04 corridor so this is envisioned long-term to evolve into a

10:30:08 more pedestrian friendly development pattern.

10:30:12 Onto the aerial, North Armenia Avenue runs north-south to




10:30:16 the center of the aerial.

10:30:17 Dr. Martin Luther King Jr. Boulevard runs along the south.

10:30:20 You can clearly see on the aerial that a majority of North

10:30:24 Armenia Avenue, residential areas behind those office and

10:30:30 commercial uses are predominantly single-family detached 'n

10:30:33 in character with some scattered multifamily within the

10:30:36 general areas.

10:30:38 Finally, we have the future land use map.

10:30:41 You can see the parcels including the front part of the

10:30:44 subject site along North Armenia Avenue are all designated

10:30:48 community mixed use 35.

10:30:49 Residential areas that are behind the parcels fronting on

10:30:54 North Armenia Avenue are all residential 10.

10:30:57 You can also see some residential 35 and residential 50 in

10:31:00 the upper left associated with existing multifamily

10:31:03 development.

10:31:04 Planning Commission staff found overall that there's two

10:31:09 components, the existing office use, that we really looked

10:31:15 into the compatibility of the house turning into asleep

10:31:22 study facility.

10:31:23 We found that basically since the structure would remain

10:31:26 residential in character that it would be comparable to and

10:31:31 remain comparable to the residential pattern along Farwell

10:31:36 drive.

10:31:38 It's not appropriate for medical office.




10:31:40 It's just appropriate as asleep study building and that's

10:31:44 it.

10:31:44 So based on all that, those findings, the Planning

10:31:48 Commission staff finds the rezoning consistent with the

10:31:53 Tampa comprehensive plan.

10:31:55 >>CHARLIE MIRANDA: Thank you very much.

10:31:55 >>ABBYE FEELEY: Land development.

10:31:59 The request before you tonight deals with an existing

10:32:03 medical office, and then a single-family residential

10:32:06 structure that's located behind it, that they are seeking to

10:32:09 use for slope study related to the medical office.

10:32:14 Medical office is a pediatric neurologist, and they do

10:32:18 studies on children, slope studies on children.

10:32:20 So this came in, and you can see -- and the site plans in

10:32:32 front of you really show that there's no vehicular access or

10:32:35 anything-everything is going to come off of Armenia, and

10:32:40 utilize the existing circulation, and then there will be a

10:32:43 parking area placed in between the two structures.

10:32:46 But Farwell will remain exactly as it is today.

10:32:51 You will see here, CG, and then the RO 1 picks up with

10:32:56 Armenia to the west, Wishart to the south, Farwell to the

10:33:00 east, and -- to the north.

10:33:04 Here again is the aerial.

10:33:10 The request is not to expand or do anything to the existing

10:33:12 medical office but it is to incorporate that parcel to the




10:33:15 east, and then to go ahead and provide parking in between.

10:33:21 I have had the applicant place conditions on the site plan,

10:33:26 that could not be used as traditional medical treatment

10:33:28 examination rooms in any way, shape or form.

10:33:31 It is solely used as asleep study facility in association

10:33:34 with the front medical office.

10:33:40 Here sore picture of the site from Armenia.

10:33:45 This is the rear, what's currently in between them, from

10:33:51 Armenia, with the site to the northeast.

10:33:58 That's the rear of the current parking area.

10:34:00 This is from the parking area looking back toward Habana.

10:34:03 This is the Farwell property.

10:34:06 So this would remain looking exactly like this.

10:34:09 There is a driveway.

10:34:11 Initially transportation is asking that driveway be removed

10:34:14 so that people wouldn't park there.

10:34:16 I believe the applicant met with the neighborhood.

10:34:18 They wanted to stay there so it still looks like a house and

10:34:21 has a driveway, too.

10:34:26 This is the current side yard to the south there.

10:34:29 This is the house to the south.

10:34:34 This is the medical office immediately to the south.

10:34:36 The rear.

10:34:37 Also has parking in the back which is similar to what's

10:34:41 being proposed.




10:34:43 This is 4503 Armenia.

10:34:47 This is across the street on Armenia.

10:34:56 This is at the corner of Farwell and Eddie moving south

10:35:01 along Farwell.

10:35:02 So this is moving south to ward the subject property.

10:35:06 All single-family residential.

10:35:08 Immediately south of the site on Farwell.

10:35:11 And then there is where you come around, just three lots

10:35:20 down, there is a medical office here in the RO and other

10:35:25 office wrapping around there.

10:35:26 So that's where I am.

10:35:27 This is at that corner.

10:35:31 And then plastic surgery center.

10:35:42 Then dentist on the other corner of Armenia.

10:35:47 Staff did find the request consistent.

10:35:49 There are some minor modifications that need to be made in

10:35:51 between first and second reading.

10:35:55 I outlined those modifications in the staff report.

10:35:58 Also, modifications from natural resources according to my

10:36:06 analysis, the medical office was constructed in '79.

10:36:10 The house was constructed in '47.

10:36:13 They are supposed to both remain in their current

10:36:17 configuration.

10:36:17 This is really to occupy the house and join these into one

10:36:21 development plan.




10:36:24 I'm available for any questions.

10:36:26 >>CHARLIE MIRANDA: Any questions by council members?

10:36:28 Petitioner?

10:36:32 >> Good evening council members.

10:36:34 My name is Steve Allison, representing Dr. Sergio Jacinto

10:36:39 who is in attendance here tonight as well.

10:36:42 We have both been sworn.

10:36:46 The applicant is the owner of the properties.

10:36:50 He's, as indicated, a pediatric neurologist.

10:36:52 He's been practicing at this location for approximately ten

10:36:56 years.

10:36:57 Over time, space and parking availability have been

10:37:04 problematic and last year when the property immediately to

10:37:07 the east became available he purchased it in hopes of

10:37:10 realizing the expansion opportunities which is depicted on

10:37:14 the site plan before you tonight.

10:37:17 As a pediatric neurologist, a significant part of the

10:37:21 practice involves sleep studies on children, also involved

10:37:27 is placing children in a very comfortable bedroom-like

10:37:30 setting, connecting them to various equipment and monitoring

10:37:35 by computer their brain activity during sleep.

10:37:40 The child's parents or guardians are with them during these

10:37:44 studies.

10:37:44 The only staff activity is a single technician who monitors

10:37:49 the computer outside the room.




10:37:52 As a matter of land use activity and intensity, this is

10:37:57 really pretty innocuous.

10:37:59 It's not really different or more intense in any way than

10:38:03 what the single-family use of the property.

10:38:07 And again, this is the only use that would occur within the

10:38:11 Farwell structure that's subject to the rezoning.

10:38:16 The site plan would fully mitigate any negative impact to

10:38:22 the surrounding neighborhood.

10:38:24 There will be no vehicular access from Farwell drive.

10:38:28 In addition, even pedestrian access for staff and patients

10:38:33 of the facility will access that Farwell structure only from

10:38:38 the rear.

10:38:42 Since purchasing the property, Dr. Jacinto provided for very

10:38:51 full interior and exterior renovation .

10:38:55 It has been totally rehabilitated and new landscaping has

10:38:58 been installed.

10:39:01 Every effort is made on the site plan to preserve mature

10:39:06 trees on the site.

10:39:09 The only visual change from the perspective of the

10:39:11 surrounding residential neighborhood will be the election

10:39:15 erection of the new PVC fence which will surround the

10:39:18 parking area, and will actually match a fence which occurs

10:39:23 on the office property to the north.

10:39:26 It's my view that the neighborhood will benefit from the

10:39:29 improvement improvements that the doctor has already made to




10:39:32 the property, and will realize long-term benefits of

10:39:35 enhanced maintenance as a result of having an economic and

10:39:40 viable use on the property.

10:39:42 Dr. Jacinto and I met with the Wellswood Civic Association

10:39:46 on April 22nd, a month prior to our required notice.

10:39:52 Association members expressed full support of the proposal

10:39:54 and great appreciation for the renovations which had already

10:39:59 taken place.

10:40:00 The parking situation currently is at best chaotic.

10:40:06 Movements are -- the parking is both nonconforming to design

10:40:12 and number.

10:40:15 Movements are awkward and pose great inconvenience, if not

10:40:20 dangerous situations for facility clients. In addressing

10:40:25 the deficiency with properly designed efficient spaces

10:40:29 improves both convenience and public safety.

10:40:31 I think this proposal satisfies the dual objective of

10:40:36 enabling needed improvements to an existing viable

10:40:39 locally-owned medical facility, while protecting

10:40:45 neighborhood integrity.

10:40:48 It is unique and innovative proposal to fully satisfy the

10:40:51 intent and purpose of planned development zoning and implies

10:40:55 with all applicable policies of the comprehensive plan,

10:40:59 particularly those regarding the adaptive reuse of older

10:41:04 structures and neighborhood protection.

10:41:06 And we respectfully request your approval.




10:41:09 >>CHARLIE MIRANDA: Thank you very much.

10:41:10 Anyone in the audience care to speak on item 7, Z-13-36?

10:41:17 >> I'm Sergio Jacinto and I own both properties.

10:41:27 I have been sworn in, by the way.

10:41:30 I have been practicing pediatric neurology for 19 years.

10:41:33 And I'm proud to be a Tampanian now.

10:41:39 >> What do you mean now?

10:41:40 >> Now, because I'm Cuban from Miami.

10:41:42 >> There's nothing wrong with being Cuban from Miami.

10:41:48 [ Laughter ] so he has given a very eloquent explanation of

10:41:53 what's going to happen there.

10:41:54 I think that the fact that we are absolutely not using

10:41:58 Farwell puts everybody at ease in that neighborhood, and the

10:42:04 fact that we are putting a fence that's going to match the

10:42:11 old little fence that's there.

10:42:13 >>CHARLIE MIRANDA: Doctor, realize you have no objection?

10:42:16 You are a psychiatrist?

10:42:20 >> Thank you.

10:42:21 [ Laughter ]

10:42:23 >> He's a neurologist.

10:42:24 >> Move to close.

10:42:26 >>HARRY COHEN: Second.

10:42:28 >>CHARLIE MIRANDA: I have a motion to close.

10:42:30 >>LISA MONTELIONE: I do have one thing that I would like to

10:42:35 ask Mr. Hay, actually.




10:42:37 In the Planning Commission review, you had noted that it was

10:42:43 consistent with some concerns, and I had highlighted and

10:42:51 flagged on page 3 of your report that the Planning

10:42:56 Commission staff suggest it is use of a permeable surface

10:43:00 for easily removable pavers for the parking area.

10:43:06 The permanency of the proposed asphalt parking lot which

10:43:10 when constructed will be difficult to remove.

10:43:12 Well, that's not necessarily what I am getting at, but I

10:43:18 think that if we had some, as you suggest, permeable

10:43:23 surface, parking area, instead of an asphalt parking lot,

10:43:29 for sustainability, I mean, I like to see permeable rather

10:43:35 than impervious surface.

10:43:37 So can you maybe talk a little bit about why you had some

10:43:41 concerns?

10:43:42 Was that the only concern that you had about --

10:43:45 >>David Hay: Well, I believe there was a concern basically

10:43:48 that since the house -- it's really not being used as an

10:43:55 office.

10:43:55 It will still be residential.

10:43:57 If the doctor decides to expand some day and go to a bigger

10:44:00 facility somewhere else, the house should really revert back

10:44:05 to long-term, back to a residential, it's never appropriate

10:44:09 for an office use right there in the middle of the block.

10:44:12 So I think the reviewer, when they were reviewing this, that

10:44:16 was their basic concern, that it should be easy to retrofit




10:44:20 it back to a house, when he ever needs to --

10:44:28 >>LISA MONTELIONE: That would be the only thing that I

10:44:30 think it's appropriate.

10:44:31 I think -- I support the applicant's petition.

10:44:35 But I always prefer pervious to impervious parking lots

10:44:41 because of the sustainability aspect.

10:44:44 It's the only thing I wanted to add.

10:44:46 >>CHARLIE MIRANDA: I have a motion to close by Mr. Reddick.

10:44:48 Second by Mr. Cohen.

10:44:49 All in favor of that motion please indicate by saying aye.

10:44:52 Opposed nay.

10:44:52 Motion passes unanimously.

10:44:53 Mr. Cohen, would you take number 7, please?

10:44:57 >>HARRY COHEN: I move an ordinance for first reading

10:45:03 consideration, an ordinance rezoning property in the general

10:45:06 vicinity of 4507 North Armenia Avenue and 2308 west Farwell

10:45:13 drive in the city of Tampa, Florida and more particularly

10:45:16 described in section 1 from zoning district classification

10:45:19 RO-1 residential office and RS-60 residential single-family

10:45:24 to PD, planned development, office medical, providing an

10:45:27 effective date.

10:45:28 And including the items listed in the revision sheet.

10:45:32 >> I have a motion by Mr. Cohen.

10:45:34 I have a second by Mr. Suarez.

10:45:36 Further discussion by council members?




10:45:37 All in favor of the motion?

10:45:39 Opposed?

10:45:41 Passed unanimously.

10:45:42 Thank you all very much for attending.

10:45:44 We go to item number 8.

10:45:45 >> Capin being absent at vote.

10:45:53 Second hearing will be June 27 it this at 9:30 a.m.

10:45:57 >>ABBYE FEELEY: Number 8, Z-13-38, the request is 1105 and

10:46:06 1115 Twiggs Street, 1202 and 1208 and 1216 east Madison

10:46:13 Avenue, from CD 2 Channel District, residential multifamily

10:46:18 to CD 2, residential, million, retail, shoppers goods.

10:46:23 >> Good evening, commission.

10:46:27 David Hay with your Planning Commission staff and I have

10:46:29 been sworn.

10:46:30 We continue our theme of cases within the central Tampa

10:46:33 planning district.

10:46:35 This next case is located about a half mill down the road at

10:46:38 the southeast corner of east Twiggs Street located within

10:46:44 the Channel District urban village and is also located

10:46:46 within the downtown business center as shown on the map.

10:46:50 Next onto the aerial, the subject site is in the center of

10:46:53 the map.

10:46:54 The area basically urban in character with some remaining

10:46:57 vacant parcels.

10:46:58 We have a portion of the port of Tampa to the east.




10:47:01 You can also see the Crosstown expressway to the north and

10:47:04 west in the Encore project can be seen from the northwest of

10:47:07 the subject site.

10:47:11 Finally, we have the future land use map, the subject site

10:47:13 and parcels to the north, east and south are all designated

10:47:17 regional mixed use 100.

10:47:19 One of the most intensive planned categories within the City

10:47:22 of Tampa and for that matter west coast of Florida.

10:47:24 The dark gray to the north is some remaining heavy

10:47:28 industrial parcels, and to the west the reddish brown color

10:47:32 is the central business district.

10:47:33 Overall the Planning Commission staff found the proposed

10:47:35 rezoning appropriate for the regional mixed use 100 land use

10:47:40 category.

10:47:40 The zoning contains a mixed use structure with retail uses

10:47:43 at ground level, additional pedestrian amenities called for

10:47:49 within the mixed use corridor policies which this is located

10:47:52 in.

10:47:52 Planning cities staff found the proposed row zoning allows

10:47:56 for additional housing choices within the downtown area

10:47:59 which is encouraged within the comprehensive plan.

10:48:02 The rezoning would continue the evolution of the Channelside

10:48:06 district into a truly urban mixed use neighborhood and as

10:48:08 such the Planning Commission find the rezoning request

10:48:11 consistent with the Tampa comprehensive plan.




10:48:12 >>ABBYE FEELEY: Land development.

10:48:21 This property has been rezoned, will be the third time I

10:48:26 have actually was here for the second rezoning back in 2008.

10:48:31 Prior to that it was rezoned also for multifamily

10:48:37 residential.

10:48:39 What's before you tonight, when this was done back in 2008,

10:48:42 it went from 314 units to 615, 606 units.

10:48:50 Mr. Stoneberg is here to talk to us about its many

10:48:53 reiterates.

10:48:55 What's before us is a site planned control zoning for

10:48:58 2.6-acre site, that will contain 372,933 square feet of

10:49:03 development.

10:49:05 The FAR is 3.785.

10:49:08 The Channel District allows for 3.5.

10:49:10 So there is some bonus analysis that is going along with the

10:49:15 request that is before you this evening.

10:49:29 There are some CD 3s left.

10:49:32 I don't know for those that remember it is site plan

10:49:34 controlled district and the Channel District.

10:49:36 It's now the CD 2.

10:49:38 Anything over 175 feet in height.

10:49:44 This is the piece we are talking about here in green.

10:49:47 Meridian to the west.

10:49:49 Twiggs to the north.

10:49:51 Channelside Drive all the way over to the east.




10:49:54 Just to the south of this property is Grand Central.

10:49:58 Also, a little bit further south of this.

10:50:04 To the north here, the expressway authority.

10:50:07 And then also to the north.

10:50:17 Here is the aerial of the site.

10:50:34 This photo from Meridian looking northeast.

10:50:37 This is from Meridian looking east.

10:50:40 Another shot of Meridian looking east.

10:50:45 This is the southwest corner of the site looking east.

10:50:49 That's the northwest corner of the site looking south.

10:50:52 Along the north of the site looking south.

10:50:58 This is at the northwest corner looking back east.

10:51:06 Immediately -- this is looking west from the site.

10:51:09 North on Meridian.

10:51:12 South on Meridian.

10:51:16 North on Twiggs.

10:51:20 Expressway authority building.

10:51:22 Another view of that.

10:51:24 Directly north of the site.

10:51:27 North of the site along Twiggs.

10:51:29 This is at Madison and Meridian.

10:51:32 Looking east.

10:51:36 Another shot from Meridian looking southeast.

10:51:40 Directly south.

10:51:45 This is the north side of Grand Central moving down Madison.




10:51:52 And these are some views from Madison looking north.

10:51:56 The dog park these currently there.

10:52:07 Sorry.

10:52:08 It's getting late.

10:52:10 Mike Callahan, urban design coordinator is with me tonight.

10:52:14 There are some modifications that need to be made to the

10:52:16 proposed elevations.

10:52:17 And I would like to give him an opportunity to speak to

10:52:19 those, if he is the main reviewer of the standards for the

10:52:24 district.

10:52:25 In addition to that, I do have some modifications that need

10:52:28 to be made in between first and second reading and those

10:52:30 have been provided to you on page 4.

10:52:36 Also, natural resources, page 5, and there are some minor

10:52:40 modifications from solid waste.

10:52:45 On this as well.

10:52:47 What's being proposed to you tonight is for 316 units, which

10:52:50 is a decrease from what's currently entitled on the

10:52:54 property.

10:52:54 And this includes phase 1, which is a 24-story, 316 unit

10:52:59 residential tower with seven stories of parking and then

10:53:03 phase 2 which is a 36,887 square foot retail building with

10:53:09 rooftop parking and that will be connected to the garage for

10:53:12 the residential.

10:53:16 The retail component of the project is oriented on the




10:53:20 western side of the property along Meridian, with the entry

10:53:25 at the Twiggs Meridian corner and the residential is the

10:53:30 eastern portion of the property.

10:53:32 The setbacks are zero foot all the way around with a maximum

10:53:36 building height of 256 feet to the top of the roof and 275

10:53:40 to the top of the roof feature.

10:53:43 436 parking spaces are required, and 620 spaces are being

10:53:48 provided.

10:53:50 That being said, I will turn the mike over to Mr. Callahan

10:53:53 to discuss the design issues that need to be considered.

10:53:56 >> Good evening.

10:54:00 Mike Callahan, your lone urban design staff member, here

10:54:04 tonight with a finding of consistency on this project with

10:54:07 regard to the Channelside development district.

10:54:11 This is a very good project.

10:54:13 But like any other project in its conceptual stage, I think

10:54:17 there are a few recommendations that we would like to get on

10:54:19 the record from an urban design perspective.

10:54:22 The Channel District site and building design standards,

10:54:27 section 27-204, require building facades to properly

10:54:31 consider scale proportion, landscaping, and building

10:54:34 materials, including shade and weather protection along the

10:54:38 public rights-of-way.

10:54:41 Urban design recommends that the elevation shall be revised.

10:54:45 We would like to see them revised for the retail portion




10:54:48 along Madison, Meridian and Twiggs Street to incorporate

10:54:54 additional and shade, weather protection for pedestrians

10:54:57 along the public right-of-way.

10:54:58 Some of those you will see in the elevation area are just

10:55:03 blank walls along the retail portion.

10:55:05 This can be accomplished in a number of different ways for

10:55:07 the use and incorporation of awnings, canopies, arcades,

10:55:11 just as an example, the pier house which is a great project

10:55:15 down the street, grand opening next month, it's really nice,

10:55:20 just built an arcade along 12th Street and I think it's a

10:55:23 great example of an arcade.

10:55:25 That's one second item.

10:55:26 The second item, the proposed residential tower, and I will

10:55:34 put the western elevation up so you can see it.

10:55:38 The proposed residential tower bidding includes a concrete

10:55:43 tiered parking garage, which it's whether they meet the code

10:55:51 in relation to the parking.

10:55:53 The most critical elevation is this elevation.

10:55:55 It's the one that you are going see as you drive from the

10:55:57 CDBG down to Channelside.

10:56:03 Staff recommends that this grill that you see be extend add

10:56:08 long that entire elevation.

10:56:09 If not, at least perhaps in the mustard colored area to get,

10:56:14 I think, a better opaque look to that garage.

10:56:19 And again I will river to the pier house and how they handle




10:56:26 their garage along Meridian.

10:56:29 That's the extent of my comments.

10:56:31 >>CHARLIE MIRANDA: Thank you very much.

10:56:32 Petitioner?

10:56:32 >> Good evening.

10:56:37 My name is Ken Stoltenberg.

10:56:40 My partner Frank Bombick and I are the developers of this

10:56:45 project.

10:56:45 And it's getting late.

10:56:47 I'll be brief.

10:57:01 That shows a three dimensional view of the project and also

10:57:04 puts it into context with its neighbor, Grand Central and

10:57:07 Kennedy.

10:57:07 We are very excited about this project.

10:57:09 We think that the retail that we are working on is going to

10:57:12 really help the Channel District get to the next step.

10:57:15 As you know, we have been down there working for ten years

10:57:17 trying to make it the best little neighborhood in Tampa and

10:57:19 we are not about to stop now.

10:57:22 I also want to just take two other points.

10:57:28 This is a site plan showing that -- showing the project and

10:57:32 it shows you the retail element, the tire, and also the

10:57:37 15,000 square feet that we are donating as public open

10:57:41 space.

10:57:41 We also have a pedestrian connection up to Twiggs Street,




10:57:46 with a lot of people at seaport to Grand Central and even

10:57:51 Channelside Drive or Meridian, and we are also donating

10:57:54 15,000 square feet wh