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Tampa City Council

Thursday, September 19, 2013

5:01 p.m. Session


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05:04:39 >>CHARLIE MIRANDA: City Council is called to order.

05:04:40 Roll call.

05:04:41 >>MARY MULHERN: Here.

05:04:45 >>HARRY COHEN: Here.

05:04:46 >>LISA MONTELIONE: Here.

05:04:47 >>CHARLIE MIRANDA: Here.

05:04:49 Okay.

05:04:50 Item number 1 is an item, a resolution setting public

05:04:56 hearing for October 10th.

05:04:57 >> So moved.

05:04:58 >> Motion by Mrs. Mulhern, seconded by Mr. Cohen on item

05:05:01 number 1, resolution setting it for a public hearing on

05:05:04 October 10th, 2013 at 6:00 p.m.




05:05:07 All in favor of the motion please signify by saying aye.

05:05:10 Opposed nay.

05:05:11 The ayes have it unanimously.

05:05:13 Need a motion to open hearings 2 through 4.

05:05:16 Motion by Mrs. Montelione, seconded by Mr. Cohen.

05:05:19 All in favor of the motion to open public hearings 2 through

05:05:23 4 please say aye.

05:05:26 Opposed nay.

05:05:28 The ayes have it unanimously.

05:05:29 This is a public hearing non-quasi-judicial.

05:05:34 Tony Garcia, Planning Commission staff.

05:05:36 What I will be presenting to you will be the following items

05:05:39 will be three amendments that will be transmitted for state

05:05:45 and regional review.

05:05:48 They are Tampa comprehensive amendment 1306, 1305, 1304

05:05:53 respectively outlined in your agenda.

05:05:56 The first presentation will be on comprehensive plan

05:05:58 amendment 1303.

05:06:01 >>CHARLIE MIRANDA: Yes, sir.

05:06:01 >> 1305 is a text amendment to the within the Tampa

05:06:09 comprehensive plan.

05:06:13 This is a publicly initiated text amendment.

05:06:17 There's some text that has been modified that I will give

05:06:20 you -- that's in your backup material regarding relating to

05:06:26 congregate living facilities, how they are going to be




05:06:29 placed.

05:06:30 I will go ahead and give you the details a little bit more

05:06:33 further into my presentation.

05:06:35 But I did want you to know it is a text amendment subject to

05:06:39 state and regional review.

05:06:40 You are having your transmittal hearing now followed by

05:06:42 adoption hearings to be scheduled after the state regional

05:06:45 review.

05:06:47 We will transmit to them in approximately ten business days.

05:06:50 We will be able to review in the about 30 days and be back

05:06:53 to you hopefully before Thanksgiving.

05:06:55 The existing language does not further -- well, that's

05:07:03 incorrect.

05:07:04 It does further the plan to this need which is housing

05:07:08 congregate facility.

05:07:09 The new language will establishment in this public serving

05:07:19 use.

05:07:19 Objective 26.18.

05:07:22 The new language describes a clear description of those

05:07:25 troops in need of this particular use which results in the

05:07:27 deletion of the existing language that's currently convened

05:07:30 in policy 26.18.2.

05:07:33 Policy 26.18.1 clarifies what services this use should have

05:07:38 access to.

05:07:40 As well as general form characteristics that you should have




05:07:42 relative to the surrounding environment.

05:07:45 Policy 26.18.3, the existing land which is modified to

05:07:49 facilitate how the size of each individual operation is

05:07:51 determined.

05:07:53 New language replaces the deleted language in policy 26.18.2

05:07:57 which will result in 28-point -- 26.18.3 being deleted.

05:08:03 The crux of this really is the current calculation that we

05:08:10 use for congregate living facilities for beds, we use the

05:08:14 density calculation.

05:08:20 What happened in the past if we use a bedding calculation,

05:08:24 we can use just the density calculation.

05:08:26 Sometimes, it's not even going to come out to one bed, but

05:08:30 really by rights people are allowed to have six units.

05:08:33 So it's kind of contrary to what is the intent by the state.

05:08:37 The state, in the determination of how many beds, they go by

05:08:40 square footage.

05:08:41 So we have modified the language to be consistent, more

05:08:44 consistent with the state to really take the determination

05:08:46 of how many beds should be in a facility.

05:08:49 We have taken the residential calculation out of the

05:08:51 proposed language and substituting just the F.A.R.

05:08:55 calculation which is really going to be much more beneficial

05:08:57 for these types of uses which we know with the ever-growing

05:09:01 elderly population, it's really been in demand over the last

05:09:07 15 years.




05:09:08 >> what are you looking at me for?

05:09:10 [ Laughter ]

05:09:11 >> Well, you can take it whichever way you want, Mr.

05:09:13 Miranda.

05:09:14 >>CHARLIE MIRANDA: Thank you very much.

05:09:14 >> Regarding consistency, this encourages appropriate

05:09:17 housing options for policy 18.18.3, to accommodate change in

05:09:25 lifestyles, 22.1.7, which we went into a little bit to

05:09:32 provide the range of objective 26.17, allows fair housing

05:09:36 choice and access to housing to protected classes,

05:09:39 especially the elderly, poses 26.17.1 and 26.17.5, and also

05:09:45 the renovation of existing structure to housing needs of

05:09:48 special populations, policy 64.2.3.

05:09:52 Planning Commission staff made a recommendation to the

05:09:54 Planning Commission to find TA-CPA 13-05, recommended

05:10:03 unanimously by the planning board.

05:10:08 >>CHARLIE MIRANDA: This is a public hearing.

05:10:09 Any comments difficulty?

05:10:10 Ms. Mulhern.

05:10:11 >>MARY MULHERN: Yeah, I'm trying to understand the

05:10:17 practical effect of this change.

05:10:21 I think you made it clear what the benefit to the person who

05:10:31 wants to be the proprietor or owner or operator of these

05:10:35 congregate living facilities.

05:10:36 But what is the benefit to, let's say, a neighborhood?




05:10:44 And really what is the practical effect of this change?

05:10:47 I don't really understand it.

05:10:48 It sounds like you can now have more beds or more units

05:10:58 It says something about granny, what do you call it, granny

05:11:03 units or granny apartments?

05:11:04 Are you talking about a mother-in-law unit? Are you talking

05:11:09 about actual congregate living facilities?

05:11:12 How much more intensity is going to be allowed?

05:11:17 >> The specificity within the policy language right now

05:11:21 states that it's for people who qualify within the Americans

05:11:26 with Disabilities Act.

05:11:27 So that would include the infirmed.

05:11:29 That would include the elderly and include special needs

05:11:31 population, mentally handicapped people, those sorts of

05:11:34 people need special kinds of care.

05:11:36 You will also notice one of the policies also talks about

05:11:38 having these locations in more locations to help services

05:11:47 and transportation types of --

05:11:49 >>CHAIRMAN: So what is the practical effect?

05:11:51 What is the actual change?

05:11:54 Give me an example.

05:11:56 >>TONY GARCIA: Well, I gave you an example.

05:11:58 The example was if you have a single-family home on a 5,000

05:12:01 square foot lot, let's say the density calculation was

05:12:04 residential 10, if you just took the residential calculation




05:12:07 just by density, you could probably only have one or two

05:12:10 beds there.

05:12:11 Out couldn't have six.

05:12:12 But by right in the city you can have six.

05:12:15 So that calculation the way it's currently in the policy is

05:12:17 self-defeating to the actual, by right, what the city

05:12:22 already allows so it's contrary to what the city already

05:12:25 allows.

05:12:25 Is that all this is doing is making those -- fixing that

05:12:30 problem, that by right you can have it, but --

05:12:34 >> It also makes it more consistent that we will just use

05:12:37 the floor area ratio calculation which will be more

05:12:40 beneficial to have this type of use, which is in demand, and

05:12:43 you are getting quite a few requests for these through a

05:12:46 special use --

05:12:47 >> Demand by people who are making a living at it.

05:12:50 >> Also by the people who need them.

05:12:52 >> Right, but not necessarily by every resident in those

05:13:00 zoning categories that would be limited because it is floor

05:13:05 area ratio.

05:13:05 >> That's why you have a public hearing process.

05:13:07 This will come before your council.

05:13:09 It's just administratively approved.

05:13:12 So you will have an opportunity and the neighborhood will

05:13:13 have an opportunity if this is to come in. Remember six is




05:13:19 by right.

05:13:20 Anything over that, that's an SU-1 approval.

05:13:23 It's for anything over that, that has to have a calculation

05:13:26 that would necessity a public hearing for a special use, to

05:13:29 come before this body and the people that live proximate to

05:13:32 that particular proposed use would be properly noticed, and

05:13:35 there would be a public hearing process.

05:13:36 >> So this language changes for SU-1 or SU 2?

05:13:42 >> No.

05:13:44 Do not confuse the special use process.

05:13:46 This is just for the calculation of the beds.

05:13:48 The state right now calculates how many beds maximum could

05:13:53 potentially be placed on the site.

05:13:54 So you do it by square footage, not by residential

05:13:57 calculation, which is what we have in our comp plan.

05:14:00 Our comp plan is counterproductive to what the state is

05:14:03 currently doing.

05:14:04 We are trying to be more concerned with the --

05:14:06 >> Right, but is the state plan more limiting with the

05:14:08 number of beds?

05:14:09 It is, right?

05:14:10 >> It's more restrictive and counterproductive to the intent

05:14:15 of what the state wants to do.

05:14:17 >> Maybe counterproductive but not necessarily counter to

05:14:23 what we as a city want.




05:14:26 >>TONY GARCIA: Well, I will tell you, from what I have seen,

05:14:30 that may be a general statement, but I do know they are

05:14:34 getting quite a few congregate living facilities for a lot

05:14:36 of people.

05:14:37 There are a lot of people in need of these types of uses and

05:14:40 frankly can't afford the monthly cost for some of these much

05:14:44 larger institutions because Medicare doesn't cover these

05:14:48 costs so what it does is provides an opportunity for the

05:14:51 small business owner in addition to providing a home

05:14:55 setting.

05:14:56 This is much more comforting for these people who are either

05:15:00 ill or infirmed or aged and don't have been the capability

05:15:03 of taking care of themselves anymore.

05:15:05 So it's something very much in demand, Mrs. Mulhern.

05:15:08 >>MARY MULHERN: But if you are asking us to transmit this

05:15:10 today, this is the first hearing we have had, right?

05:15:14 >> This is only a transmittal hearing P.you take no action.

05:15:16 >>MARY MULHERN: We know all about that.

05:15:20 We know all about that.

05:15:20 Then it comes back and it's been approved by Planning

05:15:23 Commission --

05:15:25 >> It will come back straight to you.

05:15:28 >>MARY MULHERN: And makes it difficult to change any of the

05:15:30 language.

05:15:31 >> Repeat that please?




05:15:36 I didn't hear what you said.

05:15:37 We transmit things and they come back as approved by the

05:15:40 Planning Commission and then the language typically is not

05:15:44 changed.

05:15:44 In fact, I don't think I have ever seen that happen here.

05:15:48 That council would change the language from something that

05:15:52 has been transmitted and approved by the Planning

05:15:56 Commission.

05:15:57 I can't remember that ever happening.

05:16:00 So it's important for us to understand what we are

05:16:02 transmitting.

05:16:04 Not just the transmittal.

05:16:07 It's the transmittal is very likely to be adopted when it

05:16:13 comes back to council.

05:16:16 >>TONY GARCIA: That is frankly an assumption.

05:16:17 The transmission is not etched in stone.

05:16:19 The transmittal, so you know the way the law states right

05:16:24 now, City Council is only -- this will come back to you for

05:16:29 two adoption hearings.

05:16:30 At that point in time, you may adopt, not document, or adopt

05:16:34 with changes.

05:16:35 >> I know.

05:16:36 >> Or adopt with changes.

05:16:37 You have already stated it most likely would not change.

05:16:40 >>MARY MULHERN: But based on experience.




05:16:43 >>TONY GARCIA: Well, my experience -- and I have only had 20

05:16:46 years of it -- shows that you have had various opportunities

05:16:49 and you have made significant changes to stuff because you

05:16:51 may not have agreed with what the state has proposed.

05:16:54 Because the state can propose changes, too, which they have

05:16:56 done in the past.

05:16:57 And we have had to negotiate those changes.

05:17:00 Whether it be a map change or whether it be a price change.

05:17:03 >>CHARLIE MIRANDA: Any other council members?

05:17:06 This is a public hearing.

05:17:07 Are you finished with number 2, 1305?

05:17:12 >>TONY GARCIA: I am, sir.

05:17:13 >>CHARLIE MIRANDA: Anyone in the public care to speak on

05:17:14 number 2, 1305?

05:17:17 Please come forward.

05:17:18 I see no one.

05:17:22 Need a motion to close.

05:17:23 Motion by Mrs. Montelione to close seconded by Mr. Reddick.

05:17:28 The ayes have it unanimously.

05:17:30 Mr. Suarez, would you kindly take -- well, I need just a

05:17:33 motion to transmit.

05:17:39 I already closed the hearing.

05:17:40 >>MARTIN SHELBY: Move to transmit?

05:17:45 >>CHARLIE MIRANDA: Yes.

05:17:45 I have a motion to transmit by Mr. Suarez.




05:17:48 Seconded by Mrs. Montelione.

05:17:49 Further discussion by council members on item 2, PA 13-05?

05:17:58 Motion passes 5 to 1.

05:18:00 >> Motion carried with Capin being absent and Mulhern voting

05:18:04 no.

05:18:07 >>CHARLIE MIRANDA: Item number 3 on the agenda, which is

05:18:10 PA-13-06.

05:18:12 Yes, sir.

05:18:16 >>TONY GARCIA: Planning Commission staff.

05:18:17 1306 is also a text amendment to the future land use element

05:18:22 chapter 3.

05:18:24 This was also publicly initiated.

05:18:26 This is also a text amendment.

05:18:27 This is also subject to state and regional review.

05:18:30 The changes to existing land, future land use elements,

05:18:34 specifically chapter 3.

05:18:35 As I stated before, this is basically a transmittal by Tampa

05:18:38 City Council followed by adoption hearing by the same body

05:18:42 later on after this particular text amendment has been

05:18:46 subjected to state and regional review.

05:18:49 The purpose of the amendment, SMU-3 which stands for

05:18:53 suburban mixed use, and suburban mixed use 3 and 6, they are

05:18:57 almost exclusively located in the north planning district of

05:19:00 the City of Tampa, specifically, from a geographic aspect

05:19:04 north of Fletcher Avenue.




05:19:05 The present language being considered for modification is in

05:19:07 the future land use element under the development standard

05:19:11 for the designation.

05:19:15 We are not changing any policies.

05:19:16 We are just changing some development standard language.

05:19:18 The proposed language will accomplish the following:

05:19:22 It will facilitate and maximize development potential for

05:19:24 undeveloped properties under these designations while

05:19:28 protecting those lands prevalent in this area.

05:19:31 This will also make the process in determining potential

05:19:33 developments consistent with the other mixed use categories

05:19:36 that we have.

05:19:38 Thirdly, it will clearly establish the future development

05:19:41 must be consistent in scale and character with the

05:19:43 surrounding built environment.

05:19:49 The proposed changes specifically the development standard

05:19:51 are as follows:

05:19:53 Projects may be determined by the density or floor area race

05:19:57 job whichever calculation is more beneficial to the

05:20:00 development, if F.A.R. is applied to a residential project

05:20:03 to attain maximum density potential, development shall be

05:20:06 consistent in character and scale with the surrounding

05:20:09 residentially-built environment.

05:20:11 The additional language for the SMU-6 category, for areas

05:20:15 south of Fletcher, this designation is recommended solely




05:20:19 for low intensity office in-fill.

05:20:21 Residential 6 is probably only represented maybe one percent

05:20:27 of all the SMUs located in the city south, and only been

05:20:31 used sparingly in a few office in-fill projects.

05:20:39 As it relates to planned consistency, this ensures that new

05:20:43 growth have a residential mission, pedestrian and --

05:20:47 pedestrian and bicycle friendly and located to services of

05:20:50 certain road networks policies 18.2.5, 6 and 7, ensure that

05:20:56 there is adequate land for residential development,

05:20:58 objective 18.3, preserve land for planned for residential,

05:21:03 18.3.1 and 18.3.2, continue to use general design

05:21:08 considerations and ensure that active and passive

05:21:11 recreational uses are projected to meet the needs off

05:21:15 residents policies 18.4.6 and 9.

05:21:21 And the Planning Commission adopted staff's recommendation

05:21:25 unanimously.

05:21:25 >> Any comments by council members?

05:21:31 Anyone in the audience care to speak on item number 3, which

05:21:34 is PA 13-06?

05:21:38 13-PA-06.

05:21:41 I see no one.

05:21:42 I have a motion to close by Mrs. Montelione, seconded by Mr.

05:21:45 Cohen.

05:21:45 All in favor of the motion please signify by saying aye.

05:21:48 Opposed nay.




05:21:49 The ayes have it unanimously.

05:21:50 Need a motion to transmit.

05:21:52 I have a motion by Mr. Reddick, seconded by Mr. Cohen.

05:21:55 Further discussion by council members?

05:21:56 All in favor of the motion please signify by saying aye.

05:22:00 Opposed nay.

05:22:00 The ayes have it unanimously.

05:22:02 Yes, sir.

05:22:02 Now we go to number 4 which is PA-13-04.

05:22:07 >>TONY GARCIA: This is the last of the three items for these

05:22:09 transmittal hearings.

05:22:10 This is future land use map amendment 13.04.

05:22:15 The request is a privately initiated request.

05:22:19 The subject site is approximately 148 acres.

05:22:22 The site is currently being annexed into the City of Tampa.

05:22:26 The request is to go from neighborhood mixed use 4 which is

05:22:31 to suburban mixed can use 3 which we have just gone through.

05:22:36 Where the site is located at specifically is in the New

05:22:38 Tampa planning district, right almost just a couple of miles

05:22:42 south of the Pasco County line.

05:22:45 I'll give you a little more context.

05:22:50 Wharton high school is located right on Bruce B. Downs,

05:22:54 located just to the east of the site, which is outlined in

05:22:57 this magenta color.

05:22:59 The residential developments of Grand Hampton lie to the




05:23:02 northwest, and The Landings to the south of the subject

05:23:07 site.

05:23:08 Here is an aerial perspective of the subject site.

05:23:12 You can see some of the already suburban residential

05:23:15 development that is occurring proximate to the site.

05:23:22 Here is the current existing future land use which is the

05:23:25 neighborhood mix use 4 category currently represented in

05:23:30 unincorporated Hillsborough County.

05:23:33 The new request will change it do this color which is

05:23:35 consistent with the SMU 3 lying to the north of the site.

05:23:43 What are the impacts from going from 4 to p?

05:23:51 Basically unchanged.

05:23:52 They both have a .25 F.A.R.

05:23:56 Off .35 in the county for the office.

05:23:57 You do not have that in the city so it's almost like a down

05:24:00 plan.

05:24:01 They both allow three DU to the gross acre so the net is the

05:24:06 same as the number of units currently involved, the

05:24:09 development entitlement that the applicant has now and what

05:24:11 the applicant is requesting potentially.

05:24:15 There were no objections received from any of the reviewing

05:24:18 agencies that we sent this out to.

05:24:21 It's consistent with the following comprehensive plan of

05:24:24 future land use element objective and policies to promote a

05:24:28 mixture of uses, 13.1.7 and 8, development reflective of




05:24:35 neighborhood character 18.1.3, and accommodating the city's

05:24:39 housing needs by creating new residential development

05:24:40 18.1.4.

05:24:41 Staff recommended the proposed amendment be found consistent

05:24:45 and it was found consistent unanimously by the Planning

05:24:47 Commission board.

05:24:48 Thank you.

05:24:48 >> Mrs. Montelione?

05:24:52 >>LISA MONTELIONE: Thank you.

05:24:53 Mr. Garcia, could you put the map back on that shows the

05:24:57 pink areas, dotted line around the pink area, this pink area

05:25:02 here?

05:25:03 >> You have your choice of pink or magenta, whichever you

05:25:06 like.

05:25:06 >> The pink one, the last slide you had with the map.

05:25:10 >> That confirms land use designation.

05:25:18 >> The portion of property that goes out to Bruce B. Downs I

05:25:25 know is not part of the residential development, but we are

05:25:28 annexing that piece as well, are we not?

05:25:31 >> No, ma'am.

05:25:31 No, ma'am.

05:25:31 >> I thought it was.

05:25:33 >> No, ma'am.

05:25:34 >> All right.

05:25:35 Thank you.




05:25:35 >> Okay.

05:25:36 This is -- any further council comments?

05:25:39 Anyone in the public care to speak on this item?

05:25:43 Petitioner?

05:25:47 Are you representing petitioner?

05:26:00 >>GINA GRIMES: Hill, Ward and Henderson, 101 East Kennedy

05:26:03 Boulevard.

05:26:05 I don't think I have been sworn.

05:26:07 Did you swear in --

05:26:08 >> These are non-quasi-judicial proceedings.

05:26:12 Yes, ma'am.

05:26:12 I stated that earlier.

05:26:14 >>GINA GRIMES: Thank you. We represent Taylor Morrison who

05:26:17 had the contract to purchase this property, and Ms.

05:26:20 Montelione, to your question, they have a contract to

05:26:22 purchase everything except for this piece that goes out to

05:26:27 Bruce B. Downs Boulevard.

05:26:29 Tony says the comp plan amendment really makes no change as

05:26:32 far as development entitlement is concerned.

05:26:36 We are going from the NMU county designation allowing three

05:26:39 dwelling units to the acre, to similar SMU 3 which also

05:26:46 allows three dwelling units to the acre.

05:26:51 The development entitlements that are allowed under the

05:26:54 county designation are a little bit more intense.

05:26:57 They do allow the office in the corporate headquarters,




05:27:00 whereas the city's comp plan category does not.

05:27:03 So really you are just changing the acronym as far as the

05:27:06 comp plan categories are concerned.

05:27:09 It was mentioned the reason for the comp plan amendment is

05:27:11 because we are also filing and have filed a companion

05:27:16 application for annexation, and also an application for a

05:27:20 rezoning.

05:27:21 Those are scheduled to be heard later this fall in November

05:27:25 when this comp plan amendment comes back from the state.

05:27:30 As you can see from the map, and as Tony explained, that

05:27:33 these comp plan category is consistent with the comp plan

05:27:38 category to the north.

05:27:39 Actually, the comp plan category to the south immediately

05:27:42 adjacent and West Meadows is SMU of so it actually allows

05:27:47 double the density just to the south.

05:27:49 A portion of this site, this little area right here, and

05:27:55 which is in yellow, that's part of our site, part of our

05:27:59 development.

05:28:00 That's already annexed into the city and that already has a

05:28:03 city comp plan category so just that portion that still lies

05:28:06 in the county.

05:28:08 We have met with the neighborhood.

05:28:10 We did have one neighborhood meeting.

05:28:12 There's a gentleman here that is going to speak to you.

05:28:17 He actually lives in the area just north of the site.




05:28:24 We have been discussing having another follow-up meeting

05:28:26 with the Hammocks to provide them more information about our

05:28:31 specific development plans and how it may or may not affect

05:28:34 them, and that we talked about scheduling that for later in

05:28:38 October.

05:28:39 Before we come back to City Council in November.

05:28:42 As Tony said, the Planning Commission found it consistent

05:28:45 with the comprehensive plan.

05:28:47 Again, this is only transmitting it to the state.

05:28:50 It will come back in November, and it will be subject to

05:28:53 another public hearing at that time.

05:28:55 So with that we would ask for you to move to transmit to the

05:28:59 state.

05:28:59 >>CHARLIE MIRANDA: Thank you very much.

05:29:00 Any other comments by council members?

05:29:01 Anyone in the audience care to speak on this item?

05:29:04 Please come forward.

05:29:05 Item 4, PA-13-04.

05:29:10 >> Jeffrey Blank.

05:29:13 I live on Indian Rosewood, 20115 Indian Rosewood Drive.

05:29:19 I'm vice-president of the Hammocks and chairman of the

05:29:23 Hammocks CBD.

05:29:25 And I want to bring up concerns that we are having with this

05:29:29 development.

05:29:31 For starters, the houses are right on the line near test




05:29:35 property.

05:29:36 My house in fact backs up right to it.

05:29:39 About 15, 20 feet from it.

05:29:41 And the concern is the disturbance to people living there

05:29:44 including me.

05:29:50 The other concern is the approach road, right now a two

05:29:53 lane, one direction road going into it and trying to picture

05:29:57 construction trucks as that is the only open road in and out

05:30:01 of that development area.

05:30:02 What it would do to our area.

05:30:07 There's walk paths, school bus stops along it and that is

05:30:12 also a concern.

05:30:13 The high school in the area, one high school, I believe it

05:30:17 was over 95% full and I'm not certain of that.

05:30:22 I heard that at the last meeting.

05:30:24 So we are talking about additional capacity there.

05:30:27 The other item which we also -- this was just last night,

05:30:31 there was coverage about the new FEMA flood maps.

05:30:34 And I looked it up.

05:30:37 It is not very easy for me to understand it.

05:30:40 But it showed floodplain here.

05:30:45 Again I don't know much about that.

05:30:47 I just know that if we have a floodplain area and you build

05:30:50 over there, it affects things both on it and around it

05:30:54 because of how it affects drainage.




05:30:58 All these things are concerns.

05:31:00 You also have here and here conservation areas.

05:31:06 We don't want to disturb them.

05:31:08 They are designated conservation areas that are going to be

05:31:13 touching that new development.

05:31:16 We don't know for certain what's going to be touching there,

05:31:20 meaning will it be houses, will it be conservation areas,

05:31:24 and so on?

05:31:24 All of these are concerns that we have about it that should

05:31:27 be addressed and need to be addressed.

05:31:33 Wrote thank you.

05:31:34 >>CHARLIE MIRANDA: Thank you very much.

05:31:34 Anyone else in the audience care to speak on item PA-13-04?

05:31:40 >>LISA MONTELIONE: I just wanted to -- and I know you spoke

05:31:47 but the issues that you brought up probably at the rezoning

05:31:50 hearing is when a lot of those will be addressed as a

05:31:56 comprehensive plan amendment, and we are glad to have you

05:31:58 bring those issues forward to us, but it's more relevant, I

05:32:04 think, for the rezoning of the property than to the

05:32:07 comprehensive plan amendment.

05:32:08 But thanks for putting those things on the table.

05:32:15 It's a process.

05:32:17 >>CHARLIE MIRANDA: Any other council members?

05:32:18 Anyone else?

05:32:19 Mrs. Mulhern?




05:32:20 >>MARY MULHERN: Yes.

05:32:23 I guess, Ms. Grimes, any of the questions that he had, I

05:32:30 thought I was listening closely but I think I missed.

05:32:34 What is the practical change for you by making this land use

05:32:40 category change?

05:32:42 >> Actually, Mrs. Montelione said what I should have said,

05:32:49 which is that there was someone here to speak about site

05:32:53 specific issues.

05:32:55 We will address them during the rezoning.

05:32:58 They are not relevant this date. But this change simply

05:33:00 takes it from the category in the county that's called

05:33:03 neighborhood mixed use 4 or 3.

05:33:07 >>CHAIRMAN: Right, right, so it's really just the wording?

05:33:10 >>GINA GRIMES: Going from NMU 3 to SMU 3.

05:33:16 No change or anything else.

05:33:18 >>CHARLIE MIRANDA: Mrs. Montelione?

05:33:19 >>LISA MONTELIONE: (off microphone) doesn't have the

05:33:26 planned category or a zoning category in this city.

05:33:33 >>GINA GRIMES: Right.

05:33:34 >> It's not in the city.

05:33:36 >>GINA GRIMES: Right.

05:33:37 >>LISA MONTELIONE: Right now there's nothing, because we

05:33:43 have to put it in some category that is a city category.

05:33:51 >>GINA GRIMES: Correct.

05:33:52 And the only reason the hearing is scheduled now as opposed




05:33:54 to when you have the annexation hearing is because the comp

05:33:57 plan process, amendment process takes so long that you have

05:34:00 to get it started before you get to the annexation stage.

05:34:03 So when we get to the annexation stage, the order will be

05:34:09 annexation, plan amendment, rezoning.

05:34:15 All in the same evening, if that helps.

05:34:16 >> In the backup material, there are letters and memos from

05:34:23 various departments and reviewing agencies.

05:34:25 So if you don't have, Mr. Blank, the comments that were

05:34:31 received on this application, there are things from Hart,

05:34:37 the regional transit authority.

05:34:38 There's something here that caught my eye from Pasco County,

05:34:43 which states what their improvements are going to be, or

05:34:47 what they have planned for County Line Road.

05:34:49 So those comments might be helpful.

05:34:52 I am going to take these home and pull them into, you know,

05:34:56 so that I have some sort of reference.

05:34:59 So if you want to take a look at those that might be well.

05:35:06 >>CHARLIE MIRANDA: Ms. Mulhern?

05:35:07 >>MARY MULHERN: So this is the land use change, and we can

05:35:14 do that without having it be annexed yet?

05:35:19 >> All you are doing is sending it to the state for them --

05:35:23 >>MARY MULHERN: Okay.

05:35:23 So when you said the annexation, and the comp plan, for the

05:35:28 actual change will happen after the annexation?




05:35:30 >> The adoption of it.

05:35:32 >>CHARLIE MIRANDA: Anyone else in the audience care to speak

05:35:34 on item 4, PA-13-04?

05:35:37 I see no one.

05:35:38 I have a motion to close by Mr. Cohen, seconded by Mr.

05:35:41 Reddick.

05:35:41 Any further discussion by council members?

05:35:43 All in favor of the motion?

05:35:46 The ayes have it unanimously.

05:35:47 Need a motion to transmit.

05:35:49 I have a motion by Mr. Reddick, second by Mr. Cohen to

05:35:52 transmit item 4, PA 13-04.

05:35:55 All in favor of the motion?

05:35:56 Opposed? The ayes have it unanimously.

05:35:59 Thank you all very much for attending.

05:36:02 I see some good friends here from the Mayor's Youth Corps.

05:36:06 Am I correct?

05:36:07 Why don't you stand up?

05:36:08 This is a different crowd, I believe, than this morning.

05:36:13 Is the leader here?

05:36:15 Well, come forward, please, and bring them up and let them

05:36:19 say their names so they can see themselves on television.

05:36:22 I mean, just come by and say your name in the microphone.

05:37:27 >> Here are two more.

05:37:28 Come up and say your name, please.




05:37:38 >>CHARLIE MIRANDA: Thank you all for attending.

05:37:40 And I hope that you taught the mayor, and now you are

05:37:42 teaching the council, and maybe we'll have a better

05:37:45 government.

05:37:45 I really appreciate everything you have done in the past.

05:37:47 And all the initiatives you have taken, and being a help to

05:37:52 the city get bigger and better.

05:37:56 Thank you for attending council meeting today.

05:37:57 Any further items?

05:37:58 If not we are going to go to recess till 6:00 when we start

05:38:02 the agenda.

05:38:03 We stand in recess till 6:00 p.m.

05:38:05

05:38:15

05:38:15 >>

06:01:53 >>

06:01:55 [Sounding gavel]

06:05:04 >>CHARLIE MIRANDA: City Council is called back in session.

06:05:06 Roll call.

06:05:06 >>MIKE SUAREZ: Here.

06:05:09 >>FRANK REDDICK: Here.

06:05:11 >>HARRY COHEN: Here.

06:05:14 >>CHARLIE MIRANDA: Here.

06:05:15 Just for the record, Mrs. Capin did have a morning memo to

06:05:20 us saying that she would not be here today due to her




06:05:23 husband's passing.

06:05:24 >> Need a motion to open public hearings 5 through 13.

06:05:30 I have a motion by Mrs. Montelione.

06:05:32 Seconded by Mr. Cohen on a close vote with myself.

06:05:36 All in favor?

06:05:37 Opposed?

06:05:38 The ayes have it unanimously.

06:05:40 Okay.

06:05:40 We go, before I continue, item number 12, is there any other

06:05:45 item to be asked for continuation other than 12?

06:05:50 >>ABBYE FEELEY: Yes.

06:05:53 Actually, there is.

06:05:54 Item number 11, Z 13-54.

06:06:03 I am in relate of site plans that came in Tuesday of this

06:06:06 week that addressed concerns that were raised in the staff

06:06:09 report.

06:06:10 Based on code.

06:06:12 The final plans are due in 30 days prior to the hearing.

06:06:15 So those cannot be considered.

06:06:17 I do not believe it's Mr. Grandoff's will intention to move

06:06:24 forward with plan of record this evening P.I have already

06:06:26 scheduled at the DRC with minimum and I would like that

06:06:28 continued to October 10th.

06:06:32 >>CHARLIE MIRANDA: Mr. Grandoff?

06:06:35 >>JOHN GRANDOFF: John Grandoff, suite 3700 Bank of America




06:06:37 Plaza on behalf of ABC capital.

06:06:41 We request a continuance until October 10th.

06:06:43 >> This is item 11, Z-13-54.

06:06:46 Anyone in the audience care to speak on the continuation

06:06:48 portion of this hearing only?

06:06:50 I see no one.

06:06:51 I need a motion to continue to February 10th at 6:00

06:06:56 p.m.

06:06:58 October 10th, I'm sorry.

06:06:59 I want to make sure.

06:07:03 All right.

06:07:04 October 10th the year 2013 at 6:00.

06:07:07 All in favor of that motion?

06:07:09 Made by Mrs. Montelione, seconded by Mr. Reddick.

06:07:12 All in favor of the motion please signify by saying aye.

06:07:15 Opposed nay.

06:07:16 The ayes have it unanimously.

06:07:17 Item number 12 is the next one.

06:07:19 >>ABBYE FEELEY: Land development.

06:07:22 Item number 12 you can also continues that to October

06:07:24 10th.

06:07:25 And I believe that will give you a full agenda that evening.

06:07:28 >>CHARLIE MIRANDA: Is petitioner here?

06:07:29 >> Katherine O'Donniley, here on behalf of the applicant.

06:07:40 Chabad is a Jewish community center and the rabbi would like




06:07:45 to be here when the item is heard.

06:07:47 Today he's observing Jewish holiday celebrating the harvest.

06:07:53 So we respectfully request that you set this on October 10.

06:08:00 >> So moved.

06:08:00 >> Second.

06:08:01 >>CHARLIE MIRANDA: Anyone else care to speak to the

06:08:04 continuation of item number 126 only?

06:08:07 Motion by Mrs. Montelione, second by Mr. Cohen to October

06:08:10 10th at I guess the same time, 6:00, the year 2013.

06:08:16 All in favor of the motion?

06:08:18 Opposed?

06:08:19 The ayes have it unanimously.

06:08:21 Well, we handle handled two without controversy.

06:08:25 We go to item number 5.

06:08:27 These are public hearings.

06:08:29 And 5 is non-quasi-judicial, and so is 6.

06:08:33 The rest will be sworn in.

06:08:35 So let me do this.

06:08:36 On 7 through 13, even though 11 and 12, anyone that's going

06:08:44 to speak on those items should be sworn in.

06:08:47 Please rise and be sworn in by the clerk's office.

06:08:50 (Oath administered by Clerk)

06:08:53 >>CHARLIE MIRANDA: On those items only I need a motion to

06:08:58 receive and file any documents that were presented in those

06:09:00 cases.




06:09:01 I have a motion by Mr. Reddick.

06:09:03 Second by Mr. Suarez.

06:09:04 All in favor?

06:09:05 Opposed?

06:09:05 The ayes have it unanimously.

06:09:06 We go back to item number 5.

06:09:10 This is the first public hearing.

06:09:12 Yes, ma'am.

06:09:12 >> Good evening.

06:09:16 My name is Kathy Ginster of the legal department here for

06:09:21 first public hearing, designation of a brownfield area for

06:09:26 the former West Tampa convention center property, which is

06:09:29 located at 3005 west Columbus drive.

06:09:34 This is presented to you by the applicant Palmetto Tampa

06:09:38 Columbus LLC, and there is a staff report on file with the

06:09:43 city clerk's office for the public to view regarding the

06:09:46 proposed brownfield and redevelopment project.

06:09:51 At the conclusion of the second public hearing, council will

06:09:54 have an opportunity to vote in approval of the proposed

06:09:58 designation but not required to do anything at this public

06:10:04 hearing.

06:10:04 >> Anyone wish to speak to item number 5 on the proposed

06:10:08 brownfield designation at the address of 3005 West Columbus?

06:10:15 Motion to close by Mr. Reddick, seconded by Mrs. Montelione.

06:10:19 All in favor?




06:10:23 Motion passes unanimously.

06:10:24 We need to be move that for brownfield designation?

06:10:32 >>MARTIN SHELBY: Actually, just to be announce the second

06:10:34 public hearing will be held on October 3rd, 2013 at

06:10:38 10:30 a.m.

06:10:40 >>CHARLIE MIRANDA: Mr. Suarez moves the item.

06:10:42 Seconded by Mrs. Montelione.

06:10:43 All in favor?

06:10:46 Second brown field designation for that date.

06:10:49 That's what I am doing.

06:10:50 Thank you very much.

06:10:50 We go to item number 6.

06:10:53 Usually follows 5.

06:10:54 >> Kate Harris, city attorney's office.

06:11:03 Item number 6 is in the same posture as number 5.

06:11:07 You don't need to take action tonight, just set the second

06:11:12 hearing.

06:11:12 This is the WalMart Tampa.

06:11:15 The request for the designation came from WalMart for the

06:11:21 property that's generally located at the corner of

06:11:23 Hillsborough Avenue and 19th street.

06:11:29 If you need any additional details on the area proposed, you

06:11:32 should have a staff report in your backup materials.

06:11:39 Environmental coordination is here if you have any

06:11:41 questions.




06:11:42 If not I yield to public comments.

06:11:44 >>CHARLIE MIRANDA: Thank you very much.

06:11:44 I believe there used to be a dealership.

06:11:48 Anyone in the audience care to speak on item number 6, F

06:11:54 2013-208?

06:11:56 Motion to close by Mr. Reddick, seconded by Mrs. Montelione.

06:11:59 All in favor?

06:12:00 The ayes have it unanimously.

06:12:01 >>THE CLERK: Second reading and adoption will be on

06:12:05 October -- second public hearing will be October 3rd at

06:12:10 10:30 a.m.

06:12:10 >> Now we go to public hearings that are quasi-judicial, and

06:12:15 we have testimony and sworn in individuals.

06:12:18 Anyone that's going to speak, one more time, has not been

06:12:21 sworn in, and you want to speak, please get sworn in.

06:12:23 I see no one on items 7 through 13.

06:12:28 Okay.

06:12:29 Number 7.

06:12:30 Yes, ma'am.

06:12:30 >>ABBYE FEELEY: Land Development Coordination.

06:12:39 Number 7 is a notice of proposed change to an existing

06:12:42 development of regional impact for Hidden River corporate

06:12:46 park, and item number 8 is the associated change to the

06:12:49 zoning.

06:12:50 So this is a minor modification to the zoning in Hidden




06:12:56 River.

06:12:57 And I will go ahead and show you that.

06:12:59 And what we are doing is so those two items are together.

06:13:09 So the request for rezoning from PDA planned development

06:13:14 alternative, retail, hotel, business professional,

06:13:17 residential, research and development, clinic, office,

06:13:20 medical, to PDA, planned development alternative, retail,

06:13:24 hotel, business, professional office, residential research

06:13:27 and development, clinic office and medical.

06:13:33 Briefly, before Tony comes up, this council recently rezoned

06:13:39 this property in 2011 to allow for medical clinic in this

06:13:44 small section here which became the new V.A. facility.

06:13:47 The request before you tonight is to allow for medical

06:13:51 office on other tracts within this area as well.

06:13:54 So it's to allow medical office that were not assigned to

06:13:58 these larger bubbles within the bubble plan.

06:14:00 This is a PDA, so unlike a PD where there is a master set of

06:14:06 entitlements and those entitlements are drawn down

06:14:09 administratively, through administrative review, with Land

06:14:11 Development Coordination, when they fill in the bubble and

06:14:14 they pull down off of that 1.5 million square feet, they

06:14:18 come in and do a site plan at that time and it's called an

06:14:22 incremental site plan review.

06:14:24 So I'll defer to Mr. Garcia, and then finish my

06:14:27 presentation.




06:14:37 >>TONY GARCIA: Thank you.

06:14:38 Tony Garcia, Planning Commission staff.

06:14:40 I have been sworn.

06:14:44 Just a couple of items as it relates to the comprehensive

06:14:46 plan.

06:14:48 The site is located in the City of Tampa's north Tampa

06:14:51 planning district which is one of your districts also as

06:14:58 well as a peninsula section to the south.

06:15:00 The site is located -- I will give you a little context and

06:15:03 show you an aerial view.

06:15:09 So here is Fletcher Avenue which converts into Morris Bridge

06:15:13 Road.

06:15:14 As you can see it's located in the New Tampa area.

06:15:18 They already have a few entitlements as Ms. Feeley described

06:15:22 to you from a land use perspective, two land use categories

06:15:26 of suburban mixed use 6 and environmentally sensitive area,

06:15:30 and as Ms. Feeley already stated to you the request is for a

06:15:34 change of use on the site.

06:15:35 It does have a significant number of entitlements already.

06:15:38 But as she's already stated, when this gets down, I guess

06:15:43 you can say into the weeds, and going to go ahead and draw

06:15:46 down specifically where they will be by the parcels, they

06:15:48 will be delineating the site to protect appropriate lit the

06:15:52 environmentally sensitive areas that exist in the general

06:15:55 project.




06:15:57 Planning Commission staff found the proposed request

06:16:00 consistent with the comprehensive plan.

06:16:01 Thank you.

06:16:01 >> Thank you, Tony.

06:16:13 This property that we are talking about tonight, Hidden

06:16:15 River, was originally rezoned in 1989 from community unit in

06:16:19 unincorporated Hillsborough County into the city, and it

06:16:22 became PDA.

06:16:23 That underlying land use to the SMU 6 requires that it is

06:16:27 either zoned PD or PDA.

06:16:29 PDA in the city requires 50 acres at minimum.

06:16:33 As I previously mentioned to you, in 2011, we did rezone for

06:16:39 150,000 square feet of medical office on that bottom parcel

06:16:43 and that was for the V.A.

06:16:46 Veterans affairs facility.

06:16:48 The current request is proposed as a medical office and

06:16:51 clinic to additional undeveloped tracts.

06:16:53 This would be on your site plan, tracts D, E, F and G.

06:16:58 And you will see that it's clinic and office are called out

06:17:04 on those tracts as well as office and residential uses.

06:17:11 And there is a utilization of a trade-off mechanism, not to

06:17:15 precede a total of 1,700,000 -- 701,845 square feet.

06:17:23 Assuming that all other codes are satisfied through the

06:17:25 incremental site plan review process so there's no waivers.

06:17:28 When they come in they meet everything else on those




06:17:31 individual tracts.

06:17:31 Furthermore, the associated development of regional impact

06:17:34 is being updated to be consistent with this modification.

06:17:38 Staff did find the request consistent.

06:17:42 Ms. O'Donniley is here representing the applicant.

06:17:45 And we are available for any questions.

06:17:47 >>CHARLIE MIRANDA: Thank you very much.

06:17:47 Any questions by council members at this time?

06:17:49 Petitioner?

06:17:50 >> Katherine O'Donniley, Oregon, on behalf of petitioner.

06:18:02 Staff has done an excellent job giving an overview of what

06:18:05 this request entails, and I would add that this has been a

06:18:08 very smooth process thanks to staff's helpfulness and

06:18:11 collaboration on moving this forward.

06:18:14 As you have heard, this request is to provide for a

06:18:17 trade-off between general office and medical office.

06:18:21 And this will further recognize a trade-off that was

06:18:24 approved in 2011.

06:18:26 And essentially what we are hearing is adding parcels so the

06:18:28 trade-off will be available, the equivalency is already

06:18:32 approved, and you may recall in 2011 we were here working on

06:18:38 DCA contracts currently under construction.

06:18:41 We hope the current request will generate some compatible

06:18:44 consistent uses with that successful project, and I just

06:18:48 have one graphic that I would like to ask for you all.




06:18:57 I just wanted to show that the parcels in yellow were those

06:19:01 that were identified in 2011 for the trade-off and approved

06:19:06 the equivalency from general to medical office.

06:19:10 And the parcels identified in blue are those that are the

06:19:13 subject of this application.

06:19:21 On behalf of the applicant I want to thank you.

06:19:23 I'm available if you have any questions.

06:19:25 >>CHARLIE MIRANDA: Any questions by council members at this

06:19:26 time?

06:19:26 Anyone in the audience care to speak on item number 7,

06:19:31 number 7, which is DZ 85-52?

06:19:36 I see no one.

06:19:37 I have a motion to close by Mr. Reddick.

06:19:39 Seconded by -- Mrs. Montelione, I didn't hear you, I'm

06:19:45 sorry.

06:19:46 I'm sorry.

06:19:46 I didn't hear you.

06:19:47 I'm sorry.

06:19:49 All in favor of that motion? All right.

06:19:57 The ordinance, as I remember you, Mrs. Montelione, would you

06:20:01 take number 7 of the ordinance, please?

06:20:03 >>LISA MONTELIONE: I move an ordinance of the city of

06:20:07 Tampa, Florida approving an amendment to a development order

06:20:10 rendered pursuant to chapter 308 Florida statutes filed by

06:20:15 resources, Inc., a previously approved development of




06:20:18 regional impact providing an effective date.

06:20:20 >>CHARLIE MIRANDA: I have a motion for approval bill Mrs.

06:20:23 Montelione, seconded by Mr. Cohen.

06:20:25 All in favor?

06:20:25 Opposed?

06:20:26 The ayes have it unanimously.

06:20:27 >>THE CLERK: Motion carried with Capin being absent.

06:20:31 Second reading and adoption will be on October 3rd at

06:20:34 9:30 a.m.

06:20:36 >>CHARLIE MIRANDA: Item 8, Z-13-57.

06:20:43 Hello?

06:20:44 Item number 8.

06:20:50 I want to make sure it's on the record that you are

06:20:52 saying --

06:20:54 >>ABBYE FEELEY: Staff found the request consistent.

06:20:56 There are no modifications between first and second reading.

06:21:00 >>CHARLIE MIRANDA: That's what I wanted to hear.

06:21:01 Mr. Garcia.

06:21:05 Any comments at all?

06:21:06 Thank you very much.

06:21:07 Petitioner?

06:21:09 I need it for the record.

06:21:13 >> Do you all have any questions?

06:21:16 >> Any questions by council members?

06:21:18 I am just trying to be legal.




06:21:21 Anyone to speak on Z-13-57?

06:21:23 I see no one.

06:21:24 Motion to close by Mr. Cohen, seconded by Mrs. Montelione.

06:21:29 The ayes have it unanimously.

06:21:30 Mr. Cohen, would you kindly take number 8, please?

06:21:33 >>HARRY COHEN: I move an ordinance being presented for

06:21:36 first reading consideration, an ordinance rezoning property

06:21:39 in the general vicinity of the northwest quadrant of I-75

06:21:44 and Fletcher Avenue in the city of Tampa, Florida and more

06:21:47 particularly described in section 1 from zoning district

06:21:50 classification PDA, planned development alternative, retail

06:21:54 hotel, business professional office, residential research

06:21:57 and development, clinic, office, medical, to PDA, planned

06:22:02 development, alternative, retail, hotel, business

06:22:05 professional office, residential, research and development,

06:22:08 clinic, office, medical, providing an effective date.

06:22:10 >> Seconded by Mr. Suarez.

06:22:13 Further discussion by council members?

06:22:14 All in favor of the motion?

06:22:17 Opposed?

06:22:17 The ayes have it unanimously.

06:22:18 >>THE CLERK: Motion carried with Capin being absent.

06:22:22 Second reading and adoption will be on October 3rd at

06:22:25 9:30 a.m.

06:22:26 >>CHARLIE MIRANDA: Thank you for attending all of you.




06:22:28 Item number 9.

06:22:29 >>ABBYE FEELEY: Land Development Coordination.

06:22:35 Item number 9 is a request for rezoning before you this

06:22:38 evening located at 2220 West Kennedy Boulevard and 112 South

06:22:45 Howard Avenue.

06:22:46 The request is from CG commercial general to PD planned

06:22:50 development for retail sales, gasoline and convenience goods

06:22:53 with accessory car wash.

06:23:04 >>TONY GARCIA: Planning Commission staff.

06:23:05 I have been sworn in.

06:23:09 A few things as it relates to the Tampa comprehensive plan.

06:23:13 The specific project is located within the central Tampa

06:23:16 planning district which is one of your three districts that

06:23:20 offer the most opportunity for redevelopment and job

06:23:22 creation.

06:23:25 A little bit more specifically, the site is located on the

06:23:28 southeast corner of the intersection of Kennedy Boulevard

06:23:31 and South Howard Avenue.

06:23:33 We have two land use designations, urban mixed use 60, the

06:23:37 second highest mixed use category and community mixed use 35

06:23:41 to the south.

06:23:43 As you can see along the Kennedy Boulevard corridor, the

06:23:46 primary land use designation is urban mixed use 60, and

06:23:49 along the corridors of Howard, you can't see, this is

06:23:53 Armenia over here.




06:23:54 Do you have the permanent land use category community mixed

06:23:58 use 35.

06:24:01 To give you some context from the aerial perspective, here

06:24:05 is the site again on the southeast corner of Howard and

06:24:07 Armenia.

06:24:10 To give you a little better could be text, here is Armenia.

06:24:13 Here is the greenwise Publix.

06:24:16 And of course as you come up from swan, which is just off

06:24:19 south of Horatio, going up you have a variety of different

06:24:26 places.

06:24:29 I guess the younger demographic likes to frequent as you go

06:24:32 up to Kennedy Boulevard.

06:24:33 As far as eating places, the only eating place that I know

06:24:38 that's really good around here is the bungalow, which is

06:24:41 directly to the east of the site.

06:24:43 They have a pretty good lunch menu, but they have a great

06:24:47 selection on beer on tap so it's a really, really good

06:24:51 place.

06:24:52 Planning Commission staff, the applicant is proposing to

06:24:55 redevelop an existing convenience store, located at the

06:24:58 southeast corner, the new 4400 square foot building would be

06:25:06 located with gas pumps between than the Kennedy Boulevard

06:25:10 corridor.

06:25:11 The use is overall compatible with uses within the general

06:25:14 area.




06:25:15 Though the use is comparable to similar existing uses along

06:25:20 Kennedy Boulevard through the overlay process with the Land

06:25:24 Development Code that requires it to be more pedestrian

06:25:27 friendly in character.

06:25:28 Planning Commission staff would encourage the applicant and

06:25:32 the City of Tampa to continue to work toward a development

06:25:34 to further the intent of the overlay district while also

06:25:36 recognizing the unique operational aspects of a gas sales

06:25:39 operation compared to other commercial areas.

06:25:41 But we have found the proposed request consistent overall

06:25:46 with the comprehensive plan.

06:25:47 Thank you.

06:25:49 >>CHARLIE MIRANDA: Thank you very much.

06:25:53 >>ABBYE FEELEY: Thank you, Tony.

06:26:00 Abbye Feeley, Land Development Coordination.

06:26:03 As I mentioned the qualify at Howard and Kennedy is from CG

06:26:06 commercial general to PD planned development for retail

06:26:09 sales, gasoline and convenience goods with accessory car

06:26:12 wash.

06:26:13 The development review and compliance staff reviewed the

06:26:16 application and finds the request inconsistent.

06:26:19 Please refer to the findings by Land Development

06:26:20 Coordination and urban design in relation to the application

06:26:24 and waivers of the Kennedy overlay, the transportation

06:26:27 division, and N relation to site configuration, and natural




06:26:30 resources in relation to the proposed tree removal and the

06:26:33 ability to plant the required trees.

06:26:36 The petitioner is proposing to rezone the property, to

06:26:40 demolish the existing Circle K and to construct ash new 4400

06:26:44 square foot convenience store, 1400 square foot car wash and

06:26:48 a 12-pump fuel canopy.

06:26:50 The .77-acre site is bordered by West Kennedy Boulevard to

06:26:55 the north, Howard to the west.

06:26:56 It is bifurcated by a 10-foot alley which you may not know

06:27:00 is actually public right-of-way that's in the middle of the

06:27:02 site.

06:27:04 The surrounding uses include commercial to the north, which

06:27:07 is another gas station convenience store, business

06:27:10 professional office to the south, bungalow restaurant to the

06:27:13 east, and a vehicle repair minor car wash and oil change to

06:27:17 the west across Howard.

06:27:18 The property is within the Kennedy Boulevard corridor

06:27:21 district and is requesting several waivers to the design

06:27:24 standards of the Kennedy overlay.

06:27:33 Mike Callahan is here and will make an application and that

06:27:36 really is the crux behind the application before you this

06:27:38 evening.

06:27:38 The PD setbacks are as follows.

06:27:40 The north, which would be along Kennedy, 53 feet to the gas

06:27:45 pump canopy and 158 feet to the convenience store.




06:27:48 To the south is 5-foot to the car wash.

06:27:51 To the west is 5-foot to the convenience store and 42 feet

06:27:55 to the gas pump canopy, and to the east it's 15 feet to the

06:27:58 convenience store and 33 feet to the canopy.

06:28:01 The maximum building height is proposed at 45 feet for all

06:28:05 structures to the site.

06:28:06 The proposed use requires 18 spaces and 22 parking spaces

06:28:10 are being provided, including the 12 spaces that heir

06:28:13 located at the pump.

06:28:14 Building elevations of the convenience store have been

06:28:17 provided.

06:28:19 There are 8 waivers before you tonight associated with this

06:28:23 PD.

06:28:24 Four of them are related to the Kennedy overlay.

06:28:27 Two of them are related to signage and the other two are

06:28:30 related to national resources.

06:28:33 I will quickly go through them as I did provide in your

06:28:37 staff report the waiver criteria for the granting of waivers

06:28:41 in association with a PD.

06:28:44 The first waiver request is to allow for payment into the

06:28:48 tree trust fund before minimum planting takes place on the

06:28:51 site.

06:28:53 What this means -- and there's an objection from national

06:28:56 resources related to this waiver -- is that when you take

06:28:59 trees off a site, you are supposed to mitigate for those




06:29:02 trees on the site when you develop.

06:29:04 And first you mitigate on the site for those that have been

06:29:08 removed, and then you plant your new trees.

06:29:11 This waiver is asking that all trees be allowed to be paid

06:29:14 into the tree trust fund, and that no minimum requirements

06:29:18 for tree planting would be required on the site.

06:29:24 Waivers 2 through 4 are Kennedy overlay waivers.

06:29:27 As I mentioned, Mr. Callahan is going to discuss them.

06:29:30 Let me briefly present them.

06:29:32 The first is that the principal building fa sat and

06:29:35 functional street, the building be oriented towards Kennedy.

06:29:41 The convenience store is 158 feet from Kennedy Boulevard,

06:29:45 which is larger than one commercial zoning lot.

06:29:48 So this waiver is asking to allow for the principal building

06:29:54 to be placed at the rear of the property.

06:29:56 The next waiver is to waive the required direct pedestrian

06:30:00 connection from the principal building facade to the public

06:30:02 sidewalk along Kennedy.

06:30:04 Again, at 158 feet it's difficult to make pedestrian

06:30:09 connections from the rear of the property, Kennedy

06:30:10 Boulevard.

06:30:11 So that waiver is addressing the building placement again.

06:30:17 The fourth is to increase the required building setback from

06:30:20 a minimum of ten, maximum of 20 along Kennedy, to 53 feet

06:30:24 for the fuel canopy and 158 feet for the convenience store.




06:30:29 The last is to waive the required on-site pedestrian

06:30:33 circulation.

06:30:36 Then the next waiver, waiver number 6, is to reduce the

06:30:41 required vehicle use area buffer from 8 to zero, adjacent to

06:30:44 the alley for the car wash.

06:30:46 And to the south of the dumpster enclosure from 8-foot to

06:30:50 3-foot.

06:30:52 The last two waivers are signage waivers.

06:30:55 The way the code reads you may either have been a wall sign

06:30:58 on your building or a canopy sign.

06:31:01 This project actually has both a building that is like a

06:31:05 wall sign and a canopy that is like a sign, the fuel pump

06:31:09 cannon I.

06:31:10 So the waivers before you on 7 and 8 are to allow for

06:31:13 additional signage to be placed, one on the canopy and one

06:31:18 on the building wall along Howard, and then one on the

06:31:21 canopy and one on the building wall on the north.

06:31:23 So the canopy would be on Kennedy, and then the north part

06:31:27 of the convenience store which fronts on the alley would

06:31:29 also have a sign.

06:31:31 So instead of getting a canopy in Lou of the wall sign, they

06:31:34 are asking to allow for both signs this evening.

06:31:39 And staff did support those two waivers for the additional

06:31:44 signage.

06:31:47 I will briefly go through the findings of staff.




06:31:52 Let me show you the atlas and the site photos.

06:31:57 Here is the site at the southeast corner of Kennedy and

06:32:04 Howard.

06:32:05 You can see in your staff report that alley that runs

06:32:09 east-west just south of the property that fronts Kennedy and

06:32:13 north of the property that currently has the car wash on it.

06:32:18 Everything along Kennedy is commercial general.

06:32:20 You will see there aren't many PDs in that area.

06:32:25 So you get over to the Melville side, and the Howard

06:32:32 corridor continues also with CG.

06:32:34 This is the storage, self-storage just across.

06:32:38 That is also the land development.

06:32:43 Here is an aerial of the site.

06:32:46 Again, Kennedy to the north.

06:32:49 South Howard to the west.

06:32:53 This was the other convenience store I mentioned.

06:32:57 Gas, and the car wash and vehicle repair that's located to

06:33:00 the west.

06:33:01 Bungalows to the east.

06:33:02 Subject site.

06:33:04 >>MARY MULHERN: Ms. Feeley, can you put that overhead back

06:33:09 up for a second?

06:33:13 You said earlier that the area south of the alley is

06:33:16 currently busy.

06:33:18 What is the current zoning, the south of the alley, the




06:33:23 bottom?

06:33:24 >> That's where the car wash is today.

06:33:26 >> Oh, that's where the car wash is?

06:33:27 >> Yes.

06:33:28 It's all one piece today.

06:33:29 You wouldn't know the alley is actually there because it

06:33:33 functions as placement of the site.

06:33:36 I'll show you some pictures now.

06:33:38 >>MARY MULHERN: I know, I have been through there.

06:33:41 But I never nod there were all those trees.

06:33:43 >>ABBYE FEELEY: This is the site.

06:33:52 This is the site from Kennedy looking south.

06:33:57 The view over to the east toward the bungalow.

06:34:02 This is from the site looking west.

06:34:12 This is from Howard.

06:34:15 Another view from Howard going south.

06:34:20 That is the alley right there.

06:34:23 Looks like it's a driveway into the site butt that is the

06:34:26 alley with the power pole there.

06:34:28 There is the current location of the car wash.

06:34:30 The exit of the car wash, which is south, southern portion

06:34:35 of the property.

06:34:37 Office to the south.

06:34:41 Here is a view down the alley looking east.

06:34:44 The view down the alley looking back toward Howard.




06:34:51 This is the north-south alley.

06:34:53 There is actually a "T" that runs in here so this is a view

06:34:58 from here looking back south.

06:35:05 Another view of that north-south alley, the west side of the

06:35:09 north-south alley of the

06:35:11 Here is the west side of Howard now, directly across from

06:35:14 the site moving back toward Kennedy.

06:35:19 Moving back toward Kennedy.

06:35:21 This is the continuation of the alley to the west side of

06:35:25 Howard.

06:35:29 It's at the corner of Howard and Kennedy.

06:35:34 This from Kennedy.

06:35:38 Again from Kennedy.

06:35:47 Also on the south side of Kennedy.

06:35:48 The north side of Kennedy.

06:35:50 Sorry about that.

06:35:51 Here is the northwest corner of moody and Kennedy.

06:35:58 Also on the north side of Kennedy.

06:36:01 Directly north of the site.

06:36:07 This is the northeast corner of Howard and Kennedy.

06:36:14 Just to the east.

06:36:19 And still moving down Kennedy.

06:36:23 I have a lot more.

06:36:37 I don't want to take up too much time because I know Mr.

06:36:40 Callahan wants to speak to you this evening.




06:36:42 I know how long the site stays in its current configuration.

06:36:46 This site was developed in the late 60s, early -- late

06:36:50 50s, early 60s, and is definitely in need some of

06:36:53 improvement.

06:36:54 The thing is that it's now at the intersection two of major

06:36:57 overlay districts in the city, the Howard overlay and the

06:36:59 Kennedy overlay.

06:37:00 And believe it or not, I did look at the site to see if it

06:37:05 could even be constructed in its current configuration under

06:37:08 CG.

06:37:09 If there was no overlay, and it couldn't in its current

06:37:14 configuration.

06:37:19 We really would like the opportunity to work with the

06:37:21 applicant to try to meet the purpose of the intensity

06:37:26 overlay and of the PD which is to identify unique

06:37:29 circumstances and address those unique circumstances in a

06:37:32 way that really meets the purpose and intent of our code.

06:37:40 There are standing objections from transportation in

06:37:43 relation to the way on your site plan, you will see the

06:37:46 parking spaces in front of the convenience store, back

06:37:49 alley, that is still an open alley, and Jonathan Scott is

06:37:55 here from transportation this evening to discuss that.

06:37:59 Natural resources.

06:38:00 There is a 100% tree removal that's going to occur on the

06:38:04 site and the waivers that are being requested to allow for




06:38:06 all tree replacements be paid into the tree trust fund does

06:38:10 not meet the intense of our tree and landscape code.

06:38:13 That also is in your staff report as a standing objection.

06:38:17 Solid waste.

06:38:18 The one pedestrian connection that is shown on your site

06:38:20 plan runs within the service area of the solid waste, so

06:38:28 solid waste is asking that that be relocated to ensure

06:38:31 safety for the customers on the property and allow for safe

06:38:34 servicing of the site.

06:38:35 And you will find that in your staff report as well.

06:38:44 I did provide findings in the relation to the PD criteria in

06:38:48 your report.

06:38:49 Most importantly, I think is the number 6 which we talk a B

06:38:59 a lot, promote and encourage development where location,

06:39:02 character and compatibility with the surrounding

06:39:04 neighborhoods, built environment and existing geography.

06:39:07 The proposed use is an existing use on the property, and

06:39:11 it's a mer missable use under the CG district.

06:39:15 However, given their desire to demolish and reconstruct on

06:39:19 this site, it's now time for the site to come into

06:39:21 compliance with the Kennedy overlay district.

06:39:25 So there are other gas stations in close approximate I am

06:39:29 till to this property.

06:39:30 And the overlay doesn't really exempt uses.

06:39:36 Overlays don't have use tables, which uses are in compliance




06:39:40 with the overlay and which ones don't have to be.

06:39:43 Talk about form and creating a form along our corridors that

06:39:47 creates our rhythm and a character and a gateway into our

06:39:50 city.

06:39:50 And I think we are really looking at a property that has an

06:39:53 opportunity to become that anchor and the newest jewel along

06:39:58 Kennedy.

06:39:59 And we would like to be able to work with the applicant to

06:40:01 get to that position.

06:40:02 Thanks.

06:40:02 >>MARY MULHERN: I want to understand this about the alley.

06:40:11 So the current car wash, is it built over the alley or just

06:40:15 uses the alley for access?

06:40:17 >> It's south of the alley.

06:40:19 >>MARY MULHERN: South of the alley.

06:40:21 So when the applicant comes to transportation with a plan to

06:40:27 actually use the alleys for -- they are not using the alley

06:40:34 for parking.

06:40:37 It just needs to maneuver the parking south of the alley,

06:40:41 proposed parking, to maneuver into the alley.

06:40:45 Is that what you were saying?

06:40:47 I'm trying to understand --

06:40:50 >>ABBYE FEELEY: Yes, code allows when you are on an alley

06:40:53 to utilize that alley as part of your maneuvering, your

06:40:57 back-up space.




06:41:00 They require for a 90-degree space more than a 10-foot

06:41:04 backup.

06:41:05 So if the space ends directly and they have the required

06:41:11 backup, that's more than 10 feet, they are actually going

06:41:14 across the whole alley into the other part of the property,

06:41:18 and then maneuvering.

06:41:19 >>MARY MULHERN: What is the required distance that you need

06:41:24 for backing up? More than 10 feet?

06:41:24 >> 24 feet in a 90 degree space, so using the 10-foot alley

06:41:37 and then 14 feet of the property on the north and what they

06:41:40 are finding was it's completely over the alley, and that

06:41:43 there's no clear delineation between the public and the

06:41:46 private, because there's no curb, there's no other things

06:41:49 occurring there, and it becomes a huge safety issue.

06:42:12 >> Any further comments? Thank you. Yes, sir.

06:42:14 >> Mike Callahan, Planning and Development.

06:42:17 Council, as one who oversees much of the urban design in the

06:42:20 city, it's not too often I get to present to you, and

06:42:26 there's good reason for that, because our staff does a great

06:42:29 job working with developers and property owners.

06:42:31 But we have struggled mightily with this particular

06:42:34 application to reach consensus.

06:42:36 And to comply with the Kennedy overlay standards.

06:42:45 The proposed development is a Circle K, Shell.

06:42:52 It's important to note that the intersection of two




06:42:56 districts, not only the Kennedy overlay but also the South

06:42:58 Howard overlay.

06:42:59 Doesn't happen anywhere else in the city.

06:43:02 Interestingly, this project of could have gone straight to

06:43:05 construction permitting with any acknowledgments of the

06:43:08 overlay standards.

06:43:11 There's no doubt the project is a great idea.

06:43:13 It's almost 50 years old, undergoing a number of revisions

06:43:18 over the year.

06:43:19 I'm sure many of us if not all of us have purchased gas

06:43:22 there at one time or another.

06:43:23 It's tired.

06:43:24 It needs a face lift.

06:43:26 But the application in front of you today lacks any

06:43:29 acknowledgment of the Kennedy overlay whatsoever.

06:43:34 It's not hard driving or walking down Kennedy to see the

06:43:40 successes of our overlay.

06:43:43 If I could, with the Elmo, let me show you some of the more

06:43:46 recent successes we have had, whether it's a Starbuck's, the

06:43:52 walk grand, office building, Solomon Tropp law office,

06:43:58 Olin-Mott tire store, a nice relationship with Mr. Mott

06:44:05 before he passed away.

06:44:06 He had at the end of the day, we were very excited and very

06:44:12 happy the way their store worked out.

06:44:13 The signature tire and auto care which is almost directly




06:44:17 across the street a little to the northeast of the current

06:44:19 site.

06:44:21 The recently dedicated primrose school.

06:44:24 The soon to be completed ABC fine wine experience.

06:44:28 You know, this development prompted them to change their

06:44:32 entire corporate branding, change the color and signage.

06:44:36 It's going to be the flagship store.

06:44:37 They are very excited about it.

06:44:39 And I think everybody will be happy about the look.

06:44:43 There's a reason for all of this activity along Kennedy.

06:44:46 It's the place to be.

06:44:48 Circle K certainly recognizes that.

06:44:51 You know, all the plans the building that we just showed

06:44:56 you, they came straight -- they went to construction

06:45:02 permitting.

06:45:02 >> ABC?

06:45:07 >> No.

06:45:10 >>CHARLIE MIRANDA: The ABC was mentioned and the zoning of

06:45:12 the property next door and the other property when we were

06:45:15 doing the due diligence on the other two, if I recall.

06:45:19 >> Primrose you did.

06:45:21 Okay.

06:45:22 I exaggerate.

06:45:25 >>CHARLIE MIRANDA: All right.

06:45:26 You are three to one.




06:45:28 Look don't look for the fast ball because I don't have one.

06:45:31 >> Most of them went straight to construction permitting.

06:45:36 Overlays do work, and they work because these facilities

06:45:40 create places of interest.

06:45:41 They are physically attractive, and these buildings get

06:45:44 scaled to the streets of Kennedy.

06:45:46 The purpose and intent of the Kennedy overlay is to create a

06:45:48 development pattern.

06:45:49 And that pattern creates distinctive buildings and

06:45:52 pedestrian connections and transit and friendly

06:45:56 pedestrian -- pedestrian friendly design standards.

06:45:58 So what's the big deal here?

06:46:00 Why are we here tonight?

06:46:02 This application proposes a site plan in conflict with the

06:46:07 Kennedy overlay and almost every single important standard.

06:46:10 Let me show you a site plan and I am sure you are going to

06:46:14 see a much prettier one than this.

06:46:17 The front portion of the site along Kennedy in this area is

06:46:20 really a half acre of concrete and as salt with a large gas

06:46:24 canopy fronting Kennedy.

06:46:26 It's 53 feet back.

06:46:27 The new retail portion, the new retail store, 4400 square

06:46:33 feet is 158 feet to the back of the site.

06:46:36 The conflict to the overlay and the necessary waivers Abbye

06:46:40 talked about, I am not going to go into detail with




06:46:42 everyone.

06:46:43 But I would like to talk about one thing and that's the

06:46:46 on-site pedestrian connection.

06:46:47 It might seem absurd in one wait to talk about internal

06:46:51 pedestrian connection for a gas station, and convenes store,

06:46:56 but I think it speaks very clearly to making Kennedy a

06:47:00 walkable corridor.

06:47:02 Anyone wanting to frequent this walking on Kennedy has to

06:47:07 walk 158 feet to the back of the site, through the gas

06:47:11 operation.

06:47:12 As we know, the retail component to this, this is a money

06:47:17 maker.

06:47:18 It's not the gas.

06:47:20 The gas operates on a very slim margin.

06:47:22 So why would you push the retail to the very back of the

06:47:26 site to the very rear?

06:47:28 Seems more logic that you would want your retail at the

06:47:31 front of the site anchoring not only Kennedy but Howard as

06:47:34 well.

06:47:36 We met with the applicant and design team a number of times,

06:47:41 present ready us with some draft site studies, and felt of

06:47:44 that they just didn't meet their standards for circulation

06:47:46 around the canopy.

06:47:51 On the Elmo, I would like to show you, we did a quick field

06:47:54 trip of the other Circle K stations in the area.




06:47:59 The Dale Mabry and Euclid store, a ten-foot separation along

06:48:02 the north end.

06:48:04 Hillsborough, there's an 8-foot separation, Hillsborough and

06:48:10 Lois, 15-foot Gandy and Westshore, my neighborhood.

06:48:14 5-foot separation from the canopy to the edge of the

06:48:17 pavement.

06:48:18 So generally, I found just a quick review, a number of sites

06:48:22 with a preferred canopy setback requirements, don't even

06:48:26 meet what they want on the site.

06:48:29 Special conditions warrant special solutions, council.

06:48:34 Sole what I ask you to think about, what they are requesting

06:48:37 is a suburban site plan.

06:48:39 It's out of character for what we are trying to create along

06:48:41 Kennedy.

06:48:42 You know, I would ask myself -- and I did.

06:48:45 I said, well, is this a unique use along the corridor?

06:48:51 And as Abbye said, there's four other convenience stores,

06:48:55 gas stations within one mile of the site.

06:48:57 So clearly it's not a unique project, not a unique use, but

06:49:01 there is something unique here, and that's the Kennedy

06:49:03 corridor.

06:49:04 It's different from any other corridor, any other street in

06:49:07 the city, and we need to protect it, to grow as a gateway

06:49:13 corridor into our downtown.

06:49:15 I think approval of this PD application and associated




06:49:20 waivers, we are saying it's really no different than Gandy

06:49:23 Boulevard, no different than Dale Mabry, no different than

06:49:27 Hillsborough, or anywhere else in north Tampa.

06:49:32 One of the reasonable questions I think should be asked.

06:49:36 I'm sure they might ask it but I'm going to beat him to the

06:49:42 punch, did the Kennedy overlay ever contemplate a gas

06:49:46 station as a use?

06:49:48 Very valid question, I think an important question.

06:49:51 But for that matter it never contemplated an office,

06:49:54 hospital, tire shop, or any other use for that matter.

06:50:00 And this is the most proportion of my presentation.

06:50:04 That's not the purpose of this overlay.

06:50:08 The intended use is secondary.

06:50:10 The Kennedy overlay seeks to implement a specific vision

06:50:14 based on design, not the use.

06:50:19 It's intended to enhance unique qualities of the corridor.

06:50:23 It's important to remember that also there is examples of an

06:50:28 urban style convenience store, gas station.

06:50:31 I would like to show you just a couple.

06:50:34 This is in palm city, Florida.

06:50:36 This is Sunoco station, fronting a Main Street, an arterial

06:50:42 street with a collector on the side.

06:50:44 You can see how the road is being constructed right now but

06:50:47 you can see the canopy to the right of the slide, with a

06:50:52 store, with a convenience store.




06:50:53 This is the site plan.

06:50:54 It mirrors somewhat what we are talking about today.

06:50:58 Another gas station in Gainesville, Florida, kangaroo gas

06:51:07 station.

06:51:07 So council, what I submit to you is that, in closing, I

06:51:11 should say, I commit that with a customization of their site

06:51:14 plan, building prototype, perhaps vacating the alley, that

06:51:19 can happen.

06:51:19 I have talked to a number of city departments.

06:51:22 It's very possible.

06:51:23 We can create an urban model more in keeping with the vision

06:51:26 of the overlay.

06:51:30 This is the last slide I would like to show you.

06:51:33 Design matters, council.

06:51:35 The site represents a great opportunity to enhance the

06:51:38 corridor.

06:51:41 We made much progress along Kennedy.

06:51:44 Help us to uphold the vision for Kennedy Boulevard that this

06:51:48 body helped to craft over eight years ago.

06:51:51 Thank you.

06:51:54 >>CHARLIE MIRANDA: Ms. Mulhern.

06:51:54 >>MARY MULHERN: Mr. Callahan, I just want to ask one

06:51:58 question.

06:52:01 You talked a lot about the Kennedy overlay.

06:52:03 But you did mention the Howard overlay.




06:52:06 But in your ideas of alternatives that would -- I just

06:52:16 wondered how you protect the Howard Avenue which is closer

06:52:19 to residential neighborhoods, if you are going to, you know,

06:52:25 ask them to protect the Kennedy side, you see a possibility

06:52:30 that they can do that without compromising the Howard Avenue

06:52:37 overlay.

06:52:38 >> We have to give credit to one over the other.

06:52:42 And I asked the zoning administrator, Cathy Coyle and

06:52:46 Gloria, how would they rule this?

06:52:49 More restrictive of the two overlays takes precedence N.this

06:52:52 case, it's Kennedy.

06:52:54 So I have a letter stating that from the zoning

06:52:58 administrator, if you would like to be see that.

06:53:00 >>MARY MULHERN: You have to kind of sacrifice one for the

06:53:04 other?

06:53:04 >> I don't notch that we are sacrificing.

06:53:07 We can still protect it with some treatment along Howard.

06:53:10 >> I just think in the case of a gas station, I would rather

06:53:15 have my fuel, you know, area closer to the Main Street than

06:53:23 to a liaison busy intersection.

06:53:27 That's the only thing that I worry about, is the design.

06:53:29 >> Well, just remember, too, Mrs. Mulhern, there's no

06:53:33 residential right there at Howard.

06:53:34 It's much farther south.

06:53:36 >> As you go, it's all office?




06:53:48 >> Mrs. Callahan, to follow up on some of Ms. Mulhern's

06:54:01 comments, I know that the zoning administrator made the

06:54:03 determination to invoke the Kennedy overlay.

06:54:09 But -- and this may be asking off the cuff from your memory

06:54:16 of what the Howard overlay district required, but would they

06:54:26 be able to meet either overlay district requirement, or even

06:54:30 if they went with the Howard overlay they would be asking

06:54:32 for a lot of waivers?

06:54:33 >> Well, I can't speak to that necessarily.

06:54:39 The Howard overlay does require direct connection, the front

06:54:44 of the building must face Howard, and it does not.

06:54:48 But perhaps that could be a design exception.

06:54:51 >> So there would be an exception in either --

06:54:57 >> Yes.

06:54:58 And they tilted the building 390ยบ to face Howard and have a

06:55:06 direct pedestrian connection to the Howard street.

06:55:08 >>LISA MONTELIONE: Was that an option that was even

06:55:12 considered or presented by the applicant?

06:55:15 >> To make it compliant with the Howard.

06:55:22 >>LISA MONTELIONE: And not the Kennedy?

06:55:24 >> I wouldn't say no -- I wouldn't say so that that was the

06:55:27 case.

06:55:27 We never talked about that.

06:55:33 I will say they made an effort.

06:55:35 But they just felt like they didn't have the right amount of




06:55:39 circulation, spacing a round their canopy.

06:55:43 >>LISA MONTELIONE: We can ask the applicant when they do

06:55:49 their presentation.

06:55:50 >> Certainly.

06:55:51 >>LISA MONTELIONE: And just as an aside, we have made

06:55:57 exceptions.

06:55:58 The primrose school did receive a waiver, and that was to

06:56:02 the undergrounding of electric poles.

06:56:09 I remember granting that waiver.

06:56:10 >> That particular project was very difficult as well.

06:56:21 The applicant did not really want to deal with the Kennedy

06:56:24 overlay.

06:56:25 But we asked him, and he complied with the now partial

06:56:31 building there, that give us a loot more frontage along the

06:56:34 building itself along Kennedy.

06:56:37 He moaned and grumbled the whole time but at the end of the

06:56:41 day he being thanked both Abbye and myself for making him do

06:56:46 that because he's going to use that going forward.

06:56:48 >> I believe in overlay districts and I think they were

06:56:52 created for a reason, and the more waivers we grant, the

06:56:57 less effective the overlay becomes.

06:57:05 Some are more difficult than others.

06:57:09 >>CHARLIE MIRANDA: Any other questions?

06:57:12 I just like to clear my own mind about what I heard.

06:57:15 We showed pictures of Gainesville, Florida.




06:57:17 That's 2 hours 20 minutes away do. They have the same

06:57:20 overlay, the pictures that I saw that's here now?

06:57:23 >> Does Gainesville have that?

06:57:25 At that particular spot?

06:57:26 I have no idea, Mr. Chairman.

06:57:28 >> And the one in Palm Bay, was it?

06:57:31 >> Palm city.

06:57:32 >> Which Sarasota beautiful building.

06:57:33 Don't get me wrong.

06:57:35 But does that have the same criteria?

06:57:38 I don't not.

06:57:38 >> Yes.

06:57:39 The building has --

06:57:41 >> And the others that we saw, the Circle K, do they have

06:57:44 the same lot size, different sizes, same --

06:57:49 >> They are not all the same.

06:57:51 >>CHARLIE MIRANDA: That's what I'm asking.

06:57:52 I don't know.

06:57:53 >> They couldn't possibly be all the same but some of them

06:57:56 were small her, some a little larger.

06:57:57 >> Are there any overlay districts in either one of the

06:58:00 other?

06:58:01 >> The question that we are --

06:58:04 >> I understand.

06:58:05 I understand.




06:58:05 But I just wanted to put it on the record.

06:58:08 Thank you very much.

06:58:13 Petitioner?

06:58:14 You have 15 minutes.

06:58:22 >>JOHN GRANDOFF: Good evening.

06:58:22 Suite 3700 Bank of America Plaza, Hill, Ward and Henderson

06:58:27 firm, representing Circle K this evening.

06:58:30 I have a site plan.

06:58:31 Would you like to have that on --

06:58:35 >>CHARLIE MIRANDA: I think it would be helpful.

06:58:40 His family was in the development business, and

06:59:37 coincidentally Edward's family owned a grocery store across

06:59:40 the street from this site.

06:59:42 Edward has extensive experience in development and he is

06:59:46 executive vice-president of Circle K stores.

06:59:48 Also, Mark Sullivan, engineering and environmental services

06:59:53 is here this evening, our engineer, numerous revisions of

06:59:57 the site plan.

06:59:58 Let me explain the procedure to you.

07:00:00 In this process, when you have overlays, you ask for an

07:00:03 informal determination from the zoning administrator, will

07:00:06 we meet the overlay?

07:00:08 We submitted, the zoning administrator said your plan does

07:00:12 not meet the overlay.

07:00:13 Then that allows you to opportunity to file a plan




07:00:17 development application with the City Council, since the

07:00:19 City Council is the rule maker, then you have the authority

07:00:22 to consider the waivers that are before you this evening.

07:00:25 The property is currently zoned CG which permits the current

07:00:29 use of the property.

07:00:29 That's howl we arrive here today.

07:00:34 We will readily admit that there are many waivers required

07:00:38 and there's much conflict between the Howard overlay and the

07:00:40 Kennedy overlay.

07:00:42 Mr. Callahan got to the meat of the issue.

07:00:46 This district, this overlay district with Kennedy Boulevard,

07:00:50 in my opinion, never contemplated a convenience store.

07:00:55 You can read back and forth and sideways over and over, and

07:00:58 it just is never in there.

07:01:00 The example that he provided to you of the office building,

07:01:06 of the other uses, do not have the unique characteristics of

07:01:09 a convenience store, which ed will explain after I do my

07:01:12 presentation.

07:01:13 He's involved, traffic volume, the maneuvering of huge

07:01:18 tankers, bringing fuel quickly, efficiently, safely, of a

07:01:23 major highway spa spans from Clearwater to Vero Beach.

07:01:28 This is highway 60.

07:01:29 This is a major he evacuation route in a hurricane.

07:01:33 This may be one of the last stops you take the -- leave the

07:01:38 Interbay peninsula to the Internet.




07:01:40 So if you need fuel you can quickly enter and exit this

07:01:44 property.

07:01:44 All of you have been had convenience store experience.

07:01:48 You want to arrive quickly, fuel your car, perhaps purchase

07:01:51 some goods inside and depart quickly and move through

07:01:56 rapidly.

07:01:57 They are the experts in the field of convenience stores, and

07:02:01 Ed will speak more about that in a moment.

07:02:05 Let me point out a few items that you may want to consider.

07:02:10 Edward is also chairman of the Planning Commission, so he's

07:02:18 acutely familiar with the challenges that you have in

07:02:21 shoe-horning projects into particular overlay districts or

07:02:26 other planned categories.

07:02:28 When you are drafting overlay districts, you are legislating

07:02:34 aesthetics, and one of the most difficult things do you is

07:02:36 you write that legislation, and you approve it from the

07:02:39 planning commission perspective and from your perspective.

07:02:43 Did you cover all the bases? And I would submit that the

07:02:46 convenience stores were completely missed in this issue.

07:02:48 There was a vision of what folks wanted Kennedy Boulevard to

07:02:51 look like, but it never contemplated the reality of what was

07:02:54 actually on the ground, and in this case, since 1967, and

07:02:59 certainly in other sites on Kennedy Boulevard.

07:03:01 And I will state that to you, quite briefly, is from

07:03:07 historical perspective.




07:03:09 And before I do so, I want to the quote from the overlay

07:03:12 district intent and declaration of public policy.

07:03:15 This was your preamble to this finding of the Kennedy

07:03:18 Boulevard district.

07:03:19 And the preamble says, this geographic area wants special

07:03:25 consideration due to a unique situation or practical

07:03:30 difficulties resulting from the historic development

07:03:34 pattern, existing conditions and development are such that

07:03:41 it's impractical to comply with underlying district

07:03:45 regulations to CG without causing hardship to the public

07:03:49 good.

07:03:50 So what are we saying here?

07:03:52 We are saying we want a historical perspective, we want to

07:03:55 be look at what history showed us and we want to have that

07:03:59 in our Boulevard, our Lafayette Boulevard, what Kennedy

07:04:01 Boulevard was known before 1963.

07:04:04 And we want to have the historic perspective.

07:04:07 We want to bring that forward in 2013 and we want to the

07:04:10 recast it according to what our historic perspective was.

07:04:13 But when you are writing the regulation or aesthetics, what

07:04:18 is your historic perspective?

07:04:28 Had that's the corner of Lafayette and Marion street, City

07:04:41 Hall parking lot right now, April 8th, 1924.

07:04:46 The building to the rear.

07:04:48 The filling station to the front.




07:04:50 Easy access by car drivers, tanker trucks, this is how you

07:04:58 do it.

07:05:02 Signs on the wall.

07:05:04 Signs on the canopy.

07:05:05 Signs on the adjoining wall.

07:05:09 This building also later became the Hertz rent a car agency

07:05:13 where my grandfather worked for many years right across the

07:05:16 street from the Tampa terrace hotel.

07:05:25 This is Grand Central, right near the breakoff with

07:05:31 Lafayette and goes all the way down to Hyde Park Avenue.

07:05:34 This is Grand Central.

07:05:35 I think this would be the Bryn Allen corner.

07:05:38 Again, notice the knee wall.

07:05:41 Notice where the building is placed.

07:05:43 He easy access regardless.

07:05:44 Easy access to bring your car to be serviced and for

07:05:47 delivery of fuel.

07:05:48 May 21, 1925.

07:05:51 Before the zoning code was adopted in the 1956.

07:05:55 Another perspective of the same location.

07:05:59 Again, clearly the building to the rear, Mediterranean

07:06:03 revival motif.

07:06:06 A decco motif.

07:06:08 You can see home in the pack back, Bridge Street, May.

07:06:17 Classic.




07:06:17 This is how they built them.

07:06:19 This, I believe, is in Ybor City.

07:06:21 Again, I think that's a cigar factory behind it P.I don't

07:06:25 have a date on it.

07:06:26 But again, we all went to these filling stations as

07:06:29 children.

07:06:29 You remember the man would come out and wash your windows as

07:06:34 he was gassing the car for your mother or father.

07:06:39 To the front of the property.

07:06:40 Historic perspective on grand Boulevard.

07:06:45 And I will finish with this picture.

07:06:47 I believe this may be downtown.

07:06:49 Could be Ybor City.

07:06:50 But again, the classic location, the pump to the front, the

07:06:56 store to the rear, not quite all the convenience goods that

07:06:59 come now.

07:07:01 >>CHARLIE MIRANDA: Mr. Suarez?

07:07:02 >>MIKE SUAREZ: Mr. Grandoff, could I ask you one quick

07:07:05 question?

07:07:05 In all the pictures you are showing us about the station,

07:07:10 how many pumps do they usually have, about two on -- on this

07:07:14 one it looks like they have two on the corners?

07:07:16 >> Two on the side --

07:07:18 >> And I think the last one probably had two or three, I

07:07:22 thought I saw.




07:07:23 >> Yes, not sure where it was.

07:07:24 Looks like three?

07:07:26 >> Okay.

07:07:27 I just wanted to make sure --

07:07:30 >> Obviously that was based an traffic volume in 1925.

07:07:33 I tell you, the real irony in all of this is today, if these

07:07:39 stations had survived, and you wanted to demolish them, they

07:07:43 are over 50 years old, and the Historic Preservation

07:07:45 Commission would have jurisdiction to determine whether you

07:07:50 have permission to demolish it because a filling station was

07:07:55 culturally significant and added to the fabric of Kennedy

07:07:58 Boulevard which is then called Lafayette.

07:08:02 So we have come full circle.

07:08:03 And while I compliment the mission of the Kennedy Boulevard

07:08:06 overlay district, you must address practicality.

07:08:09 And what is practical for this industry since 1925 going

07:08:14 forward.

07:08:19 And Ms. Feeley and Mr. Callahan have done a marvelous job,

07:08:25 and we have been trying to make it work, and you cannot do

07:08:27 it and comply with that, and efficiently, safely dispense

07:08:31 gasoline and goods as this company knows how to do like no

07:08:35 other.

07:08:35 So I will close my remarks at that point.

07:08:37 I ask that you approve the application this evening.

07:08:40 There are some changes we need to make as to the solid




07:08:44 waste.

07:08:47 We will comply with the tree code and make sure there's no

07:08:50 net loss of tree space, or pay to the tree trust fund.

07:08:55 Let me introduce Edward Giunta, and he can speak to you

07:09:00 about his company.

07:09:02 >> Thank you, Mr. Grandoff.

07:09:04 I would like to thank you for my promotion tonight to be

07:09:07 executive vice-president.

07:09:08 I'm actually director of real estate for the State of

07:09:10 Florida for Circle K stores.

07:09:12 My name is Edward Giunta. Our address is 12911 North

07:09:16 Telecom Parkway, Tampa.

07:09:19 Circle K is a worldwide convenience store/gas station

07:09:24 owner/operator.

07:09:27 We have over 18,000 locations worldwide.

07:09:31 We have 6,200 in the United States.

07:09:37 We understand the gasoline business.

07:09:40 Mr. Callahan mentioned some of our local stores that don't

07:09:44 meet our current spacing criteria. Circle K traditionally

07:09:48 has grown to acquisition of other gas stations.

07:09:51 The stores that he mentioned are all shell gas stations.

07:09:55 We bought 156 shell gas stations.

07:09:58 One of the ones he mentioned at Dale Mabry and walk lid is

07:10:03 how the out to bid to rebuild and meet our current

07:10:05 standards.




07:10:06 It's already fully permitted.

07:10:07 We are going to lie rebuild it.

07:10:09 Gandy and Westshore, we are struggling there.

07:10:12 We might divest that site it is so tight and most of it is

07:10:18 imminent domain.

07:10:19 And we are dealing with those and struggling with those

07:10:22 issues.

07:10:22 We have all seen the new competition in our market.

07:10:28 Spacing is critical on the lot.

07:10:30 We think currently have five access points to Howard and

07:10:33 Kennedy.

07:10:34 Let's talk about safety.

07:10:39 Mrs. Feeley showed you an access point separated by

07:10:41 telephone poles.

07:10:43 Cars are zooming in and out of that lot from every different

07:10:46 angle.

07:10:47 We are actually creating an intersection improvement by our

07:10:51 proposed redevelopment.

07:10:53 We are going to take it down to two access points.

07:10:56 We are going to improve the safety.

07:10:57 We are going to improve the flow.

07:10:59 Let's talk about pedestrian access.

07:11:04 We want to go from four pumps, eight fueling positions to

07:11:08 six.

07:11:10 12 fueling positions.




07:11:12 We have done -- and you talk about other gas stations in the

07:11:15 area.

07:11:16 We don't just decide to build and add more pumps for no

07:11:19 reason.

07:11:19 We do an in-depth study of valuable gallons in the market,

07:11:23 how many other pumps are in the market and how many -- we do

07:11:27 an in-depth analysis.

07:11:28 We don't just build a new store and add pumps.

07:11:31 It's needed.

07:11:32 So we are going to go to six punches.

07:11:34 We are expecting 800 cars a day on this lot.

07:11:39 Let's be realistic and use some common sense.

07:11:42 We don't want people walking through the gas can open it

07:11:45 from Kennedy Boulevard.

07:11:46 We are following the Kennedy Boulevard overlay and building

07:11:49 this improved sidewalk with a brick inlay which goes around

07:11:53 and down Howard Avenue with a direct connection to the front

07:11:56 of our store.

07:11:59 Mr. Callahan mentions that we don't make money on gas.

07:12:02 I'm not sure where he gets that data.

07:12:05 We are experts in the gas station convenience store

07:12:08 business.

07:12:09 We make money in the box and we make money under the cannon

07:12:13 I.

07:12:13 And it is critical to our business.




07:12:16 We will not build -- we will not build a convenience store

07:12:19 without the gas.

07:12:20 It's critical.

07:12:21 So I'm not sure where he gets that data but it's not true.

07:12:26 I remember coming to this site as a young boy.

07:12:30 Mr. Grandoff mentioned, we operated a family grocery store

07:12:33 across the street.

07:12:34 My father managed that grocery store.

07:12:37 I remember this intersection.

07:12:38 I know about the grand boulevard.

07:12:39 I also know about the spirit of the overlay.

07:12:45 My boss is like, What the hell are you doing?

07:12:47 Move on.

07:12:48 Go build the store.

07:12:50 Why go through all this aggravation? They want me to build

07:12:52 20 new stores here.

07:12:52 I live here.

07:12:55 It's a dumpy garbagey looking station.

07:12:58 I'm not proud of it and I want to build something that I am

07:13:00 proud of for my company.

07:13:03 Doing it at Dale Mabry and Euclid.

07:13:05 I want to do it here.

07:13:06 And I have three other spots in South Tampa.

07:13:09 This needs to be done.

07:13:10 It needs meets the spirit of the overlay.




07:13:13 It certainly, as Mr. Grandoff has showed you, meets the

07:13:16 historical lineage of the development pattern of gas

07:13:19 stations and of the City of Tampa, how they have been built.

07:13:22 We ask for your support.

07:13:24 We appreciate your time.

07:13:25 I appreciate how hard staff has worked with us.

07:13:28 I understand what they have to do and what they are working

07:13:30 with.

07:13:31 They have been fantastic to work with.

07:13:33 But we need your support to get this done.

07:13:36 >>CHARLIE MIRANDA: Thank you.

07:13:37 Ms. Mulhern.

07:13:37 >>MARY MULHERN: Mr. Guinta, I want to understand.

07:13:45 I know this well because I drive up Howard and stop there

07:13:48 often.

07:13:48 >> We appreciate your business.

07:13:49 >>MARY MULHERN: But to me, I don't understand the business

07:13:56 model here, because the distance from the fuel canopy to the

07:14:02 store is huge.

07:14:03 And especially without any trees.

07:14:07 And if I am going to be stopping for gas, and probably most

07:14:11 people pay at the pump, right?

07:14:15 >> We experience about 36% of the people from the pump

07:14:18 coming into the store.

07:14:19 >> Okay.




07:14:20 So is this sort of -- are the operations really tied

07:14:27 together?

07:14:27 Or is most of your convenience business just for the store

07:14:32 separate from the gas?

07:14:33 >> 36% of the people that are buying gas come into the store

07:14:37 on average.

07:14:38 But the spacing that you speak of between the store and the

07:14:41 canopy, it is critical.

07:14:45 If you park in front of our convenience store and you are

07:14:48 ready to leave and there's a car that they pulled all the

07:14:53 way up and now you have to wait to back out until they are

07:14:56 finished fueling? That's not convenient.

07:14:58 >>MARY MULHERN: Okay.

07:14:59 So if you are getting gas, and you want to go to the store,

07:15:03 you are driving --

07:15:04 >> Oh, no, you walk up.

07:15:06 But I'm saying if you are someone who just came to the

07:15:08 convenience store, and you parked in one of the parking

07:15:10 spaces in front of the store, and there was somebody came in

07:15:13 behind you at a fueling position, if we didn't have that

07:15:15 spacing, you might not be able to back out of your parking

07:15:19 spot until they were done fueling.

07:15:20 We are allowing enough space that people can be driving

07:15:23 through, fueling, and you can back up.

07:15:26 The spacing on the lot that we found through surveys,




07:15:30 customer surveys, is what makes the store convenient.

07:15:33 >> Okay.

07:15:34 And so I guess your answer to my question, is your

07:15:40 convenience store business separate from the gas station --

07:15:45 >> Well, the people that are getting gas that want to come

07:15:48 in, come N.they are not going to pull up from the pump to

07:15:50 the parking spot.

07:15:53 They are going to walk in.

07:15:54 >> Well, I can tell you this.

07:15:57 On six, probably eight months out of the year in Florida, I

07:16:00 wouldn't want to have to walk from that pump to the store to

07:16:03 get a soda or whatever, a bag of ice or whatever, but that's

07:16:07 a really long walk.

07:16:09 >> That's why only 36% of the people come N.but it is what

07:16:15 it is.

07:16:16 But I do know the folks that come into our store want to be

07:16:19 able to leave when they are ready to and not have to wait

07:16:22 for somebody to finish fueling.

07:16:23 >> It seems to be me like this is not just more of a

07:16:29 suburban design -- it is a suburban design with all that

07:16:33 space.

07:16:34 And all that concrete.

07:16:35 But also, it's kind of like -- okay, if you are getting off

07:16:41 the interstate, and I know Mr. Grandoff said this is a

07:16:45 highway, it's a boulevard, I call it boulevard, this part of




07:16:50 60, but, yeah, you are typically going to maybe pull into a

07:16:56 gas station like this.

07:16:57 But if you are really close to the urban core, you would

07:17:01 expect there to be less concrete, basically, right?

07:17:05 >> Well, let's speak to the concrete.

07:17:07 Because Mr. Callahan mentioned we have a half acre of

07:17:13 concrete now on the front.

07:17:17 What's there today?

07:17:18 It's a building, and 100 percent paving.

07:17:22 Zero landscaping -- excuse me.

07:17:25 There's a Palmetto growing out of a pole sign.

07:17:28 That's it.

07:17:30 So we are not going to be that anymore.

07:17:33 We are proposing to meet 100% of your landscape code, what

07:17:37 is it, 10, 150 feet all the way around the property along

07:17:41 Kennedy and Howard, where zero landscaping exists today.

07:17:45 This is an opportunity to redevelop this space.

07:17:52 It's our chance to get this done in a nice way.

07:17:54 We built a beautiful looking building.

07:17:57 We are competing with all the competition you see coming in

07:18:01 for market.

07:18:01 We are trying to rebrand ourselves.

07:18:03 We are going to rebuild Dale Mabry and use it like I

07:18:06 mentioned.

07:18:06 This is not be a suburban design.




07:18:11 We propose to build a new wall around it like the picture

07:18:14 Mr. Grandoff showed you

07:18:19 It's a first-class looking facility meeting today's needs of

07:18:23 the consumer.

07:18:24 Let's remember, Kennedy Boulevard was designed for cars.

07:18:29 There are 60,000 cars at that intersection every day.

07:18:33 Our station as dumpy and ugly as it is does extremely well.

07:18:39 And that's why we are looking to make a 2.5, $3 million

07:18:45 investment because it does well and we want to do better.

07:18:49 >>MARY MULHERN: Thank you.

07:18:52 >>CHARLIE MIRANDA: Mrs. Montelione?

07:18:53 >>LISA MONTELIONE: Thank you, Mr. Chair.

07:18:55 I was inside listening and watching on TV, and thank you for

07:19:00 the trip down memory lane, Mr. Grandoff.

07:19:06 I didn't live here.

07:19:08 I wasn't around in 1920-something.

07:19:26 You are right.

07:19:27 Historic preservation that building probably would not be

07:19:29 able to be torn down.

07:19:30 However, there is adaptive reuse because all you have to do

07:19:33 is go to the independent over in Seminole Heights.

07:19:35 That was a gas station as well.

07:19:36 And I think there is a couple of other gas station

07:19:39 properties that have been converted into other art gallery,

07:19:46 I think one is restaurant, it was the independent, you know,




07:19:50 so anyway, I think there's an architectural office or

07:19:54 contractor's office.

07:19:57 And, you know, there's no question that bringing down what's

07:20:04 there now, and putting up a new building is going to be much

07:20:09 nicer looking.

07:20:11 No doubt about that.

07:20:13 But the way the building is oriented, you are not going to

07:20:16 see the beautiful new building.

07:20:18 You are going to see gas pumps.

07:20:21 From Howard, you will see the side of the useful new

07:20:25 building, which on the rendering doesn't look like -- you

07:20:30 are going to see the side of the building.

07:20:35 A big gas pump like a fence.

07:20:38 You see a big Circle K emblem.

07:20:42 But the building, as beautiful as it may be, is going to be

07:20:50 obstructed he special liquor from a car going by Kennedy,

07:20:53 you are going to see a gas pump.

07:20:55 So that was just something that you said that caught my

07:21:01 attention.

07:21:02 And it's not -- and I have said this before, architects or

07:21:08 engineers that have presented site plans that really don't

07:21:12 show any creativity in design.

07:21:17 It's a standard design.

07:21:19 It could be put on a half acre lot anywhere in the state and

07:21:21 the country, in the city, or in the county.




07:21:28 Of whether you -- when you choose a location, and there

07:21:31 are -- it's a location where you want to be, and there are

07:21:38 regulations that dictate the design, in this case the

07:21:43 Kennedy and the Howard overlay, which no matter which street

07:21:46 you are on or which overlay district we were going to make

07:21:51 the development adhere to, now when you are there that you

07:21:56 are going to have to comply with these regulations or

07:21:59 redesign the property.

07:22:01 And you can go on about all the maneuverability issues, or,

07:22:08 you know, what customer behaviors dictate.

07:22:11 But we have two overlay districts.

07:22:14 And we have made waivers before on Kennedy.

07:22:18 But, you know, it's -- you have to -- when you are

07:22:24 sitting -- and I have don't have to tell Mr. Grandoff that,

07:22:29 you have to decide when waivers are appropriate and when

07:22:31 they are not.

07:22:34 In another case that we brought up with Mr. Campbell

07:22:36 earlier, undergrounding electric lines seems to be

07:22:43 overburdensome on the applicant.

07:22:45 So I don't know that asking to put -- to put the building in

07:22:55 front of the property on West Kennedy and the pump in the

07:22:58 back essentially is reversing the plan you have is overly

07:23:03 burdensome.

07:23:04 >> Let me address your comments.

07:23:08 First and foremost, we are want you to see the gas bumps




07:23:11 pumps.

07:23:12 We are in the gasoline business.

07:23:13 It's critical to our business.

07:23:15 >>LISA MONTELIONE: But I thought merchant before gasoline.

07:23:20 >> No, that's wash Mr. Callahan said.

07:23:23 I said he's wrong, he doesn't understand our business at

07:23:25 all.

07:23:26 That's not the case.

07:23:27 We won't survive without gas.

07:23:30 We have to have it.

07:23:31 We make money at gas.

07:23:33 We need people to see it.

07:23:36 As for putting the pumps in the back, Mr. Callahan can show

07:23:39 you a handful of locations.

07:23:41 Circle K has done three of those projects and they have

07:23:45 failed.

07:23:46 >> But let me ask you this, though.

07:23:48 If you are in the gasoline business and Circle K is

07:23:50 recognized as being in the gasoline business wouldn't people

07:23:53 know that you sell gasoline?

07:23:55 I mean, if they come down the street and they see Circle K

07:23:59 they are going to go, oh, I need gas, let me stop, and they

07:24:03 will travel to where the gas pumps are located.

07:24:05 >> You might think that but that has not been proven in the

07:24:09 three that we built.




07:24:10 We will never build another one like that.

07:24:13 We will leave this station the way that it is and continue

07:24:16 to operate and make the money that we make there and be

07:24:18 happy with that.

07:24:20 I was hoping that I would come and get the support to build

07:24:23 a new gas station --

07:24:27 >> That sound like a threat.

07:24:28 >> It's no threat.

07:24:30 It's just business.

07:24:31 It's just bigs.

07:24:31 It's not a threat at all.

07:24:32 I'm charged with building new stores.

07:24:35 I wanted to build them in my community.

07:24:38 And I am building some in my community.

07:24:40 But this is one that I wanted to do.

07:24:42 And I have gone through extraordinary efforts, and I have

07:24:44 worked on this for over a year.

07:24:48 You know, it is what it is.

07:24:50 We would love your support.

07:24:54 My daughter -- I don't want them pulling up to a gas station

07:24:57 in the back and filling their cars at night.

07:24:59 I have three daughters.

07:25:00 It wouldn't want them doing it.

07:25:02 I talked to several other females.

07:25:07 They don't feel comfortable in that scenario.




07:25:09 Some people do.

07:25:10 Some people don't.

07:25:11 This is -- the overlay -- and I understand the spirit of the

07:25:15 overlay.

07:25:16 >> It's Howard Avenue.

07:25:17 I mean, where we say in the back --

07:25:19 >> There's a lot of crime on Howard Avenue.

07:25:21 There's a lot of crime.

07:25:23 There's a lot of --

07:25:25 >> This is Kennedy.

07:25:28 There's a lot of crime on Kennedy so what difference does it

07:25:30 make?

07:25:31 >> To face on the street where you are more visible to the

07:25:36 street makes people feel more safe.

07:25:39 And that's the argument.

07:25:40 We would like your support.

07:25:41 We think we have presented a fantastic site plan that is I

07:25:46 know is a benefit to the city.

07:25:49 We hope we would have your support.

07:25:51 And I'm happy to answer any other questions.

07:25:56 >>CHARLIE MIRANDA: Questions at this time?

07:25:59 I'm sorry, the discussion, I stopped the clock on purpose

07:26:03 because I didn't want that to be any time of your 15

07:26:05 minutes.

07:26:06 But I don't know how much time is left.




07:26:08 Is any time left, clerk?

07:26:10 >>THE CLERK: There was about a minute left.

07:26:12 >> Do you want that minute, Mr. Grandoff?

07:26:15 >>JOHN GRANDOFF: Yes.

07:26:15 Briefly, on Ms. Montelione's questions, the key word is

07:26:20 convenience.

07:26:21 And it is a convenience issue.

07:26:23 And you want to get in and out quickly, safely, efficiently.

07:26:28 Let me show you one thing on the site plan.

07:26:31 It's a parking issue.

07:26:32 >> That's $300 for that Mike.

07:26:40 [ Laughter ]

07:26:52 >>JOHN GRANDOFF: Very brief.

07:26:53 What Edward was talking about was your parking here.

07:26:58 We have to have enough room to back out and exit or go the

07:27:02 other way.

07:27:03 While you have someone fueling also.

07:27:06 And that fueling person does not want to wait, and this

07:27:09 person leaving the store does not want to wait.

07:27:11 So that's the space issue we talking about. I'm sure we

07:27:16 talked about it on the ideal spacing.

07:27:17 The other issue, to move it to the Howard -- to the back,

07:27:22 you have to get the trucks in to the fuel tanks.

07:27:26 And that is a significant maneuver.

07:27:29 I sat there one afternoon for an hour watching them do it




07:27:32 and it's tight.

07:27:33 It's a very tight spot.

07:27:39 >>CHARLIE MIRANDA: All right.

07:27:39 Well, I'm sure you didn't put the sign this way.

07:27:50 [ Laughter ] thank you.

07:27:56 >>JOHN GRANDOFF: That's all we have.

07:27:57 I appreciate your approval and I will remain further

07:28:00 comments.

07:28:00 >> Any other comments appear to this item?

07:28:04 Z 13-49?

07:28:08 Let me say this.

07:28:11 Come forward if you want to speak on this item.

07:28:21 Were you sworn in?

07:28:23 >> No.

07:28:25 We were late.

07:28:26 >>CHARLIE MIRANDA: You are never late.

07:28:27 (Oath administered by Clerk)

07:28:30 >> John Jones, 1704 west Jetton Avenue.

07:28:42 I'm here on behalf of historic Hyde Park, and some of the

07:28:46 other neighborhoods of the nobody can make it from Courier

07:28:48 City.

07:28:49 They asked me to speak on their behalf.

07:28:54 You will have to either accept that or not.

07:28:57 I'm on merit.

07:28:59 We are in support of Courier City's position which is




07:29:05 essentially what staff has said with regard to this

07:29:10 presentation, on almost no point is it consistent with the

07:29:16 overlay district.

07:29:19 Primarily, our position within the neighborhood of historic

07:29:24 Hyde Park, Parkland Estates, New Suburb Beautiful, Courier

07:29:30 City, is that we would prefer not to see all the way -- and

07:29:35 that's the primary thing that we looked at, when we looked

07:29:38 at something within an area of concern to us.

07:29:44 And here they are asking for a waiver on just about

07:29:46 everything with regard to the overlay district.

07:29:52 They have not made any attempt to talk to any of the

07:29:55 neighborhoods that I am aware of, and we certainly didn't

07:29:57 have a conversation with them, and I spoke with the

07:30:01 president of Courier City, who also related that head not

07:30:04 heard from them.

07:30:06 But I think that staff's position says it all.

07:30:11 And I really don't have a lot to add to that.

07:30:14 And essentially, I would simply like to ask you to deny this

07:30:19 as it's presented, and want to come back and make a

07:30:22 different presentation, more closely observed to the overlay

07:30:27 district, then we would be willing to speak with them or

07:30:32 take a look at it again.

07:30:36 One that I would like to address, though, what we were shown

07:30:41 on the historic gas station, first of all this is not a

07:30:44 historic district, nor does the barrio have anything to say




07:30:53 about that aspect.

07:30:54 The T city, from a sign point of view, can look at historic

07:30:57 development of it, and the pictures that they showed at the

07:31:04 gas station weren't set 53 back from Kennedy.

07:31:08 They were set within what would probably be, if we had

07:31:11 measurements, the allowable setback for the overlay

07:31:14 district, which would be 10 to 2520th feet.

07:31:17 That provides the amount of space if necessary for a car to

07:31:20 get in, pull up to a pump, get gas and leave.

07:31:23 So we respectfully request that had you deny this

07:31:28 application.

07:31:29 >>CHARLIE MIRANDA: Thanks very much.

07:31:30 Next, please.

07:31:31 >> Anneliese Myer, west Bristol Avenue, 33609.

07:31:39 Love seeing all the students here tonight.

07:31:41 That's wonderful.

07:31:42 I am here as a resident of South Tampa.

07:31:44 I'm not representing my neighborhood tonight, nor my street.

07:31:48 I'm representing someone who uses Howard Avenue a great

07:31:50 deal.

07:31:52 I am representing myself as a former city planner.

07:31:55 I think that you all have seen a great deal of work done on

07:31:59 these overlay districts.

07:32:01 They were done for a reason.

07:32:03 Please protect them as much as possible.




07:32:05 As of this gas station being safe, I get gas there a lot.

07:32:10 I don't go to the one across the street from it because this

07:32:13 one is much safer.

07:32:18 I this I if you are going east on Kennedy you will use this

07:32:21 gas station if you are going north on Howard.

07:32:23 Can't go south on Howard.

07:32:24 So there's really only two main veins of traffic using this

07:32:29 gas station.

07:32:29 I think thereof should be a compromise here, and there can

07:32:32 be a compromise here.

07:32:33 I would love for the petitioner to meet with the

07:32:35 neighborhoods, to meet with the interested Howard Avenue

07:32:38 citizens, of which I am one on the listen, understand,

07:32:42 communicate board.

07:32:43 Again I urge you to deny this and to request that the

07:32:45 petitioner come back to us.

07:32:47 It's not an ugly gas station.

07:32:50 It's nicer than many others in the neighborhood.

07:32:53 And I know that we will welcome working with this

07:32:56 petitioner.

07:32:57 Thanks very much.

07:32:58 Deny the application.

07:33:00 >>CHARLIE MIRANDA: Thank you.

07:33:01 Mr. Suarez?

07:33:02 >>MIKE SUAREZ: Mr. Grandoff?




07:33:10 A couple things.

07:33:12 By the way, I always like your presentations, they are

07:33:15 always well done, and one of the things that had you did

07:33:21 point out when you talked about the mission of what the

07:33:24 overlay district is -- and if you don't mind, can you tell

07:33:28 me that again?

07:33:32 >>JOHN GRANDOFF: Yes.

07:33:33 This is the first paragraph.

07:33:35 The purpose of the overlay district is allow the application

07:33:38 of Pacific regulations, aerial parents special consideration

07:33:46 due to a unique situation on practical difficulties

07:33:51 resulting from the historic development pattern.

07:33:54 Existing conditions and development are such that it is

07:33:57 impractical to comply with underlying regulations without

07:34:01 causing substantial hardship to the public good.

07:34:06 And what does that mean?

07:34:10 >>MIKE SUAREZ: That was my question.

07:34:11 And the reason I asked that is you followed that up with

07:34:14 showing some historical pick -- pictures of City of Tampa.

07:34:17 Most of the gas stations you showed had only a few gas

07:34:21 pumps.

07:34:23 And I would not say to any gas station owner anywhere in the

07:34:30 country and say, hey, make sure you only have a couple gas

07:34:33 pumps because chances are that gas station is not going to

07:34:36 be around for very much longer.




07:34:37 So historically, there's no -- I understood your point which

07:34:42 is historically there have been gas stations, but not, you

07:34:45 know, we are not going to take it to the logical end, which

07:34:48 would have been they should be the exact same size as they

07:34:51 used to be.

07:34:52 And the only point I think you were making wags it has been

07:34:56 there in the past.

07:34:59 But having said that, I think one of the problems that we

07:35:01 have is -- and you and I talked about this privately, is

07:35:06 there are lots of mistakes that have been made over the past

07:35:09 that were things that we want to change now.

07:35:13 Kennedy Boulevard may have had a house of I'll repute for

07:35:19 all I know. We think don't want to repeat that as part of

07:35:22 the overlay district.

07:35:24 Anyway, we have kids here.

07:35:26 For me, if you look at what we are talking about here, and I

07:35:32 do think that you all have tried very hard to meet the

07:35:36 design standards of the overlay district, and I think

07:35:45 there's still some compromise somewhere within this, and I

07:35:47 don't know where that is, because I'm not smart enough to

07:35:50 know where all the specific changes may be made in order to

07:35:54 meet both the design standards and the land use standards

07:35:58 that we have, because I know sometimes they are in conflict,

07:36:02 and sometimes we don't read into that as much as we should.

07:36:09 Have you in the past looked at -- and I think it some people




07:36:12 from the neighborhood mentioned that they may not have been

07:36:16 contacted by you all.

07:36:17 Was there any contact with the neighborhood association?

07:36:21 >>JOHN GRANDOFF: I mailed out the required notice.

07:36:26 Edward said that Mr. Jones is wrong, in telephone and

07:36:32 representatives, including the president, sent out a notice

07:36:35 letter.

07:36:36 I did receive phone calls, several phone calls, one, the

07:36:40 bungalow next door concerned whether B whether he is going

07:36:42 to be able to use the alley to valet his cars.

07:36:46 We had interchange with issues, and are always available to

07:36:50 have a meeting.

07:36:51 The Hyde Park historic district is not in our sandbox.

07:36:56 I mean, they are out there.

07:36:58 >>MIKE SUAREZ: I understand that.

07:37:00 And I want you to know that I do know that he is not

07:37:04 representing those particular areas.

07:37:06 >> And we are not in a historic district either so it don't

07:37:09 know where they are coming from.

07:37:10 >>MIKE SUAREZ: But again we are back to the overlay

07:37:13 standards, and the design standards are there for a reason.

07:37:15 We have to put our goals -- and this is a balancing act we

07:37:21 have as council, which is our goals in terms of following an

07:37:24 overlay district, and our ideals in terms of trying to

07:37:29 protect property owners and their rights.




07:37:31 So we are trying to figure out the best balance here.

07:37:33 And I know that you have been doing this a long time.

07:37:37 Sometimes there is compromise.

07:37:39 Sometimes there isn't.

07:37:40 And I would suggest -- and I think my colleague has

07:37:44 mentioned this -- you may want to look at some additional

07:37:48 ways of compromising.

07:37:49 So I just wanted to point that out.

07:37:52 >> We would certainly be willing to look at that, Mr.

07:37:54 Suarez.

07:37:55 I can discuss that.

07:37:58 I will offer to you that in my opinion you are dealing with

07:38:01 a phantom, because the Kennedy overlay district never

07:38:06 contemplated a convenience store.

07:38:09 I'm absolutely convinced of it.

07:38:11 I have read it several times.

07:38:13 I don't think the South Howard does.

07:38:15 And the code says, ironically, the code says you have to

07:38:19 apply a stricter one.

07:38:21 It's almost punitive, that you can almost meet the Howard

07:38:26 but you can't hold the Kennedy, we are going to hold you to

07:38:28 Kennedy.

07:38:29 I don't know if that that's a good governmental purpose.

07:38:32 >> And I will answer this to contemplating everything.

07:38:35 I'm in the insurance business.




07:38:36 And believe me, we can't contemplate everything.

07:38:40 But we still have a lot of the contractual laws to back up

07:38:42 things that we do.

07:38:45 So my suggestion is, there probably is a compromise in here

07:38:50 somewhere.

07:38:50 And you may want to just resharpen your pencil and go back

07:38:54 and see what you can come up with.

07:38:56 That's all I have, chair.

07:38:57 Thank you.

07:38:57 >> And in rebuttal --

07:39:03 >>CHARLIE MIRANDA: Let me go there.

07:39:05 Mr. Cohen, Mrs. Montelione, Mrs. Mulhern.

07:39:07 >>HARRY COHEN: I think there is a very definite theme that

07:39:10 is emerging tonight.

07:39:12 And that theme single-family that while this is a great

07:39:15 improvement over what's there now, it seems as though

07:39:18 everyone feels like we think we can do better.

07:39:22 And I think that for such a prominent spot, for a spot that

07:39:27 is literally viewed by thousands of people as a gateway into

07:39:32 the City of Tampa, it would not be unreasonable to go back

07:39:37 to the drawing board to see what else we can do to make the

07:39:41 site more attractive, and equally functional and safe.

07:39:48 >>CHARLIE MIRANDA: Thank you, Mr. Cohen.

07:39:49 Mrs. Montelione and Mrs. Mulhern.

07:39:50 >>LISA MONTELIONE: I was going to point out that we do, in




07:39:57 our quasi-box, have an e-mail from the president of the

07:40:03 Courier Oscawana neighborhood association, Timothy P.

07:40:07 Griffin, sent August 6th, 2013.

07:40:11 Dear honorable City Councilors, this letter is to serve as

07:40:15 Courier City Oscawana neighborhood opposition to the waivers

07:40:19 requested by the petitioner, Circle K store, 2220 West

07:40:24 Kennedy Boulevard.

07:40:26 The requested variances interfere with the South Howard

07:40:29 overlay district and Kennedy Boulevard overlay district.

07:40:32 Our neighborhood is not opposed to redevelopment at this

07:40:34 location, while maintaining and enforcing the guidelines

07:40:38 already in place for this area.

07:40:39 So even though he could not be here tonight, this was

07:40:42 continued, I think, and we do have a piece of correspondence

07:40:50 from Mr. Griffin in the record.

07:40:54 >>CHARLIE MIRANDA: Ms. Mulhern it?

07:40:55 >>MARY MULHERN: Thank you.

07:40:56 I was just going to read that, so thank you, Councilwoman

07:40:58 Montelione.

07:40:59 But then my other question was for Ms. Feeley.

07:41:03 If you could explain again about the landscape, if they do

07:41:11 come back to us with another plan, Mr. Guinta was saying

07:41:17 they were planting all these new trees.

07:41:19 I want to hear your take on where we are, and that they were

07:41:25 asking for the --




07:41:27 >>ABBYE FEELEY: Land development.

07:41:28 There are waivers right now, and I am not sure of the

07:41:31 statement that Mr. Guinta made, or Mr., I believe, Grandoff

07:41:35 stated that we will meet the landscape.

07:41:37 The way the site is configured today, he cannot accomplish

07:41:40 that.

07:41:41 That's why staff has the waiver on there.

07:41:43 So I would need to revisit that issue with them and come

07:41:46 back to you on that.

07:41:47 >>MARY MULHERN: Okay.

07:41:50 So I look at this site plan.

07:41:52 I see a lot of space, a lot of acreage, a lot of square

07:41:56 footage, and we hear the generalizations of the overlay

07:42:01 district.

07:42:04 And it just seems like there are option there is that have

07:42:08 not been looked at, and we have a lot of guidance he could

07:42:11 get from staff on how you can make this better, compromise.

07:42:18 Perhaps the overlay district didn't consider gas stations or

07:42:24 maybe it did consider something that looks just like that

07:42:27 picture that's up on the overlay right now, which as Mr.

07:42:30 Jones said it might have fit in with the overlay.

07:42:37 But I think there's a lot of opportunity, stuff up to the

07:42:44 box and try to make something that is compatible with our

07:42:47 urban design standards.

07:42:51 >>CHARLIE MIRANDA: Let me say what I feel, what I hear from




07:42:54 both sides.

07:42:55 I feel there is a disagreement, to agree to the disagreement

07:43:04 but there's a compromise in the mind of both sides that

07:43:06 could be worked out.

07:43:07 Am I correct on this?

07:43:09 That's what I hear.

07:43:10 The voices change.

07:43:11 The body languages changed over the last five minutes.

07:43:22 Well, if we take a vote, let me say this.

07:43:24 If I take a vote I am not bringing it back unless the law

07:43:30 requires you to bring it back.

07:43:32 Let me say this now.

07:43:33 I am giving you an opportunity, sir, before we tack a vote.

07:43:37 And let me say this.

07:43:38 And I am trying to be fair to all sides of the public, to

07:43:41 the people from the homeowners association to the staff, and

07:43:43 you and your client.

07:43:45 So what I am saying is we have voted in service stations

07:43:51 that are almost like this.

07:43:52 I can name you one on gray and Dale Mabry.

07:44:00 A store in the back.

07:44:01 Butt that doesn't fall into the overlay on both side.

07:44:03 What I am trying to do is give a reason for thought, and

07:44:07 maybe more process, and maybe to come to some agreement.

07:44:11 I don't think anyone here doesn't want this redeveloped.




07:44:16 However, we are burdened by what's in the law.

07:44:22 One side the Kennedy overlay.

07:44:24 The other side the Howard overlay.

07:44:25 And although you stated that you are going to meet the tree

07:44:29 ordinance, all thundershower coming from five ingress and

07:44:32 egress to two, if I remember that, solid waste, you said you

07:44:37 would take care of.

07:44:38 I have no problems.

07:44:39 I'm sure you will.

07:44:40 Everything you say you will do.

07:44:42 The alley, I don't think we can move an alley.

07:44:45 So we are still nothing to talk about.

07:44:49 And these are the things I'm bringing up.

07:44:51 There is where I am at.

07:44:53 You tell me if you want a vote or not.

07:44:55 >> If we could look at what I just passed around, it goes to

07:44:59 how hard we have worked with staff.

07:45:01 As I said before, they have been fantastic to work with.

07:45:05 We have one, two, three, four, five, six, seven, eight,

07:45:12 nine, ten, 11 different site plans of their suggestions that

07:45:22 don't work for one reason or another, and I don't want to go

07:45:25 through the time of explaining each one of those.

07:45:28 >>CHARLIE MIRANDA: I'm not trying to redirect the site plan.

07:45:30 I don't do that.

07:45:31 I don't want to get sued.




07:45:32 >>MARTIN SHELBY: Do you have an extra copy for the clerk so

07:45:36 I could pass these out to City Council?

07:45:38 >> Here we go.

07:45:41 This on the overhead now/a gas station that was built on

07:45:45 fourth street.

07:45:47 That staff said, why can't you do that?

07:45:54 We did that.

07:45:57 Of this mirrored that plan.

07:45:59 We spent -- and it's not an ultimate I am.

07:46:03 We can vote no tonight and I will move on.

07:46:05 I have a lot more to build.

07:46:08 >>CHARLIE MIRANDA: No one gave you an ultimatum.

07:46:12 >> It's unfortunate that we have found ourselves by an

07:46:15 overlay that didn't consider our use, and now prohibits the

07:46:18 city from doing something that is a true benefit to all of

07:46:22 the citizens, because you want the building on the street to

07:46:25 create a streetscape, and that is not conducive to our

07:46:30 business, and you are going to be -- you can tell me I'm the

07:46:33 gateway to whatever you want me to be the gateway to, but

07:46:37 the gateway is what it is today and that's what it will be

07:46:41 40 years from now.

07:46:43 I implore you to please consider our plan and look at the

07:46:46 improvements that we are making to the City of Tampa.

07:46:50 This is not -- of what the overlay asks for does not work

07:46:57 for our business model, and we cannot put my company at risk




07:47:03 by spending 2.5 to $3 million for something that the

07:47:07 planners think is a good idea.

07:47:10 If the City of Tampa wanted to finance it I am more than

07:47:12 happy to give at shot, but I don't think they do.

07:47:15 >> If it were a stadium maybe they would be finance it.

07:47:18 >> If I can let the Rays come there --

07:47:21 >> You said that, had I didn't.

07:47:23 >> No, it's a good plan.

07:47:27 It increases the landscaping and the aesthetics of both

07:47:32 Howard and Kennedy.

07:47:36 I'm not here -- I work with Circle K.

07:47:39 I run the real estate department.

07:47:40 I live in Hyde Park.

07:47:41 I drive past this gas station on my way to work every single

07:47:45 day.

07:47:46 I know what it is.

07:47:49 And it's not the ugliest gas station we have.

07:47:53 We have more and we are trying to fix that.

07:47:55 Butt this is not one we are proud of.

07:47:58 We are spending over $3 million at Dale Mabry and Euclid.

07:48:02 We would like to continue our rebranding.

07:48:04 And make this a first-class facility for the residents of

07:48:11 the City of Tampa.

07:48:12 Truly that's where it's at.

07:48:13 We have gone through painstaking process so I am willing to




07:48:17 go to the -- just look at where ways to fund it and no

07:48:23 reason to waste my time, the staff's time.

07:48:25 >> Our time is not wasted.

07:48:27 We have learned a lot.

07:48:29 >>JOHN GRANDOFF: Thank you, Mr. Chairman.

07:48:31 >>CHARLIE MIRANDA: Mrs. Montelione?

07:48:34 >>LISA MONTELIONE: Mrs. Feeley?

07:48:36 In looking at the site plans that have been we were just

07:48:38 handed on the different renditions, I have got one, two,

07:48:42 three, four, five, six, seven, eight, nine, ten, and if you

07:48:50 count this one, 11.

07:48:52 But four of them, I find, are identical.

07:49:00 These two are identical and these two are identical.

07:49:02 But this one is called preliminary site plan option B, is

07:49:08 the same as preliminary site plan option 2, and preliminary

07:49:13 site plan option A is the same as preliminary site plan

07:49:17 option 1.

07:49:18 So maybe there was just a numbering or lettering change that

07:49:22 went on there, because unless it's in the fine print,

07:49:30 identical pairs, one in A, two in B.

07:49:33 So that would mean there aren't eleven renditions.

07:49:39 Okay.

07:49:40 Anyway --

07:49:41 >>ABBYE FEELEY: Land development.

07:49:42 If I may take a step back for just a moment.




07:49:44 >>LISA MONTELIONE: I mean, I want you to address why so

07:49:49 many site plans were submitted and possibly rejected.

07:49:54 >> I would love the opportunity.

07:49:56 >>LISA MONTELIONE: Okay.

07:49:56 Have at it.

07:49:57 >> Before this became a formal application before you, Mr.

07:50:02 Guinta approached staff on an administrative level with

07:50:07 several options.

07:50:08 Several of these options which are contained in which he's

07:50:11 showing to you as being rejected and he asked for

07:50:13 administrative approval of those options under a design

07:50:17 exception.

07:50:18 Okay.

07:50:20 Mr. Callahan and I met with him.

07:50:22 We reviewed these.

07:50:24 We met with Mr. Sullivan.

07:50:26 We looked at things.

07:50:27 A design exception is when the overlay cannot be met, and

07:50:31 there is a level of comfort administratively that the intent

07:50:35 of the overlay is being met, and we would allow that to be

07:50:38 administratively approved.

07:50:41 What is before you tonight is the culmination of a process

07:50:44 that could not get an administrative approval.

07:50:48 And options that were discussed including the vacating.

07:50:52 Mike and I ran the vacating through staff, when through




07:50:56 Jimmy Cook, there's a PD alley, another access to it to the

07:51:01 east of the site.

07:51:02 If we vacate it then the can oop I can span the alley, he's

07:51:07 got more room, we can shift things around, move things

07:51:09 around.

07:51:10 Some of these have bigger and smaller canopies.

07:51:13 The ones you paired up on option 2 and B, you will see,

07:51:19 option 2 has a far larger canopy than option B.

07:51:25 They shrunk the canopy to get to their maneuvering.

07:51:29 I think part of what you Saul in Mike's presentation, part

07:51:32 of what you hear from me is this dialogue that's been going

07:51:35 on that says that there is a maneuvering that is the --

07:51:42 safest width or width that they desire, and some of the

07:51:47 scenarios throughout the city, those stations are still

07:51:51 being serviced and gas is still being delivered, and they

07:51:54 are still functioning.

07:51:55 And given the opportunity that we'll come back hopefully and

07:51:59 redevelop those sites to the width of their company

07:52:03 standards, employees now, and that really was the

07:52:09 alternative that we looked at.

07:52:14 From the time this was submitted as a PD application, these

07:52:20 could not occur, okay?

07:52:22 So in the 90 day process that we are functioning under now

07:52:25 where be the site plan came in, it went to the DRC, had 30

07:52:29 days to be revise it and we submit it, these eleven did not




07:52:32 come back before staff and staff said no.

07:52:35 These were administrative types of submissions that were

07:52:38 provided prior to this being a formal application, where

07:52:41 they said, if we do this, can we administratively move

07:52:45 forward with this process to be found to meet the intent of

07:52:48 the overlay?

07:52:55 >>CHARLIE MIRANDA: Any further questions by council members?

07:52:58 Okay, petitioner.

07:52:59 Mr. Grandoff.

07:53:11 >>JOHN GRANDOFF: On Abbye's point of other Circle Ks I don't

07:53:15 think they manual the volume of this.

07:53:18 But there are a couple of photographs that I can show you.

07:53:20 This is 9:00, taken Thursday morning before the first

07:53:27 hearing we were going to have.

07:53:28 You can see the amount of truck traffic.

07:53:29 It was literally Grand Central station.

07:53:33 Hear is the delivery truck coming.

07:53:36 These pictures, the delivery truck comes in to dispense

07:53:39 fuel.

07:53:40 He's coming out on Howard to get back to the interstate.

07:53:42 Here is the dumpster.

07:53:44 And then here is the waste management truck coming, and then

07:53:50 the waste management truck departing.

07:53:53 Vacating the alley creates another problem because it is a

07:53:56 very well-used right-of-way, that bears a lot of traffic for




07:54:00 some of the other commercial operations on Kennedy

07:54:01 Boulevard, utilities in the ground. Vacating rights-of-way

07:54:06 it's the last thing you want to do in my business. It's

07:54:10 very cumbersome to do that.

07:54:13 And it's right of way. And my client has the right to use

07:54:15 it.

07:54:15 In fact, gets customers out into the area and leave.

07:54:19 Let me summarize my notes for you.

07:54:24 We predate the Kennedy overlay district.

07:54:27 We were just there since 1967.

07:54:30 In a perfect world, I'll admit to you, Circle K should have

07:54:35 woke up and said, hey, wait a minute, we need to get into

07:54:38 this discussion so we can survive these regulations.

07:54:42 They weren't at the table.

07:54:43 For what reason we do not know.

07:54:45 But that would have been the solution, in my opinion.

07:54:48 Now they are having to retrace and meet this.

07:54:51 We tried with Abbye many times.

07:54:54 I'll tell you Edward and Mark called me a year and a half

07:54:58 ago.

07:54:58 I gave them advice what to do.

07:55:00 I said do what you can administratively, and if you can't,

07:55:02 then your safety valve is PD.

07:55:06 And they didn't call me for nine months. So that proved up

07:55:09 the work they did to try to make something fit at the




07:55:11 administrative level.

07:55:14 You can't do that. You have to come to City Council.

07:55:17 We are not denying it's there.

07:55:21 It was just missed.

07:55:23 Half acre of concrete as Michael brought up, this is what

07:55:27 you need to operate these types of stores.

07:55:29 And the historical photos, obviously you could do better

07:55:33 with less, but you didn't have the traffic volume back in

07:55:36 1925.

07:55:37 We are not preventing pedestrian access.

07:55:48 Here is a dedicated walkway here.

07:55:51 A dedicated walkway here.

07:55:54 Back and forth.

07:55:55 Kennedy Boulevard.

07:55:57 Howard Avenue.

07:56:05 I disagree it's a suburban plan.

07:56:08 It's an urban plan in a suburban plan you have probably two

07:56:12 acres to work with, and you have more room to comply with

07:56:16 these.

07:56:20 Urban settings and urban drawing is trying to meet many

07:56:25 masters.

07:56:26 Among those the seven of you this evening.

07:56:29 Plus what the market dictates and what the industry dictates

07:56:35 as far as safety, efficiency, and convenience which is what

07:56:39 their business is.




07:56:41 Let me speak to Edward about the continuance request.

07:56:45 We believe there's ample reason to grant these waivers,

07:56:48 though they are many, and we appreciate your time this

07:56:51 evening.

07:56:52 Excuse me.

07:56:53 Pause for a moment.

07:57:05 Members of council, we respectfully request you vote this

07:57:14 evening on the application before you.

07:57:16 >>CHARLIE MIRANDA: Okay.

07:57:16 Thank you very much.

07:57:18 >> Thank you for your time.

07:57:19 >> We appreciate it very much and thank you for your fine

07:57:21 presentation.

07:57:24 Okay.

07:57:26 We need -- we have heard from the petitioner. We heard from

07:57:30 the city, Planning Commission.

07:57:32 Petitioner heard, petitioner has five minutes of rebuttal.

07:57:36 We had participation from the audience.

07:57:38 I need a motion.

07:57:41 >>FRANK REDDICK: Move to close.

07:57:42 >> Motion to close by Mr. Reddick, seconded by Mrs.

07:57:44 Montelione.

07:57:45 All in favor?

07:57:46 Opposed?

07:57:48 The hearing is now closed unanimously.




07:57:50 Pleasure of council?

07:57:51 Item number 9, Z-3-49.

07:57:56 Mrs. Montelione.

07:57:56 >>LISA MONTELIONE: Thank you for the opportunity to speak.

07:58:05 I will be moving for denial of this application under

07:58:10 several parts of our code but mainly in that it does not

07:58:15 meet the Kennedy Boulevard corridor district design

07:58:17 standards section 27-243 of our code.

07:58:25 The parameters for section 27-243 describe purpose and

07:58:30 intent of the overlay district would create form-based

07:58:33 parameters to ensure compatible architectural implements are

07:58:37 implemented throughout the corridor as a whole, providing a

07:58:40 foreign based aesthetic that creates a sense of interest and

07:58:45 promotes a physically attractive functionally integrated

07:58:48 environment is essential.

07:58:50 Additionally provisions are introduced that establish

07:58:54 pedestrian friendly design standards for this corridor.

07:58:57 Section 243c describes compliance for the overlay in the

07:59:01 following manner: Each application for new construction

07:59:04 and/or renovation as designed in chapter 27, city of Tampa

07:59:07 code of ordinance, shall comply with all applicable overlay

07:59:13 district and underlying zoning district standards, and if

07:59:17 applicable those specific standards outlined in the City

07:59:20 Council approved site plan in cases of the conflict a more

07:59:24 restrictive and shall apply, these are the minimum




07:59:27 requirements that must be met in order to obtain design

07:59:29 approval for nonresidential or mixed use projects.

07:59:34 It does not comply with the long-term vision for Kennedy

07:59:37 Boulevard as a gateway to the city.

07:59:41 Section 243E, number 1, describes the design standards for

07:59:46 building a site.

07:59:47 The principal building facade, this is letter A, the

07:59:50 principal and building facade, functional pedestrian entry

07:59:53 to the building shall be oriented towards Kennedy Boulevard

07:59:57 and shall maintain a direct pedestrian connection to the

07:59:59 public sidewalk.

08:00:01 Section 27-243-E-1-A to allow for the principal building

08:00:06 facade and functional pedestrian entry to the building to be

08:00:09 oriented internal to the property and not towards Kennedy

08:00:12 Boulevard, and recommendation in our staff report.

08:00:17 I would also reference here that staff does not support the

08:00:20 illustrated walkway striping as a substitute for this

08:00:23 prescribed connection, and a waiver must be added to the

08:00:27 site plan between first and second reading.

08:00:30 Section 27-243-E-1-A to waive the required direct connection

08:00:36 for the principal building facades for public sidewalk along

08:00:37 Kennedy Boulevard.

08:00:39 Section 27 243-E-3 describes the general site layout

08:00:43 standards.

08:00:46 F would be on-site pedestrian circulation shall be provided




08:00:49 between Kennedy and the properties with multiple structures

08:00:54 through the use of sidewalk and other suitable ADA

08:00:57 compliance.

08:00:58 Staff finds the recommendation, the design walkway, striping

08:01:04 does little to provide pedestrian circulation, does not

08:01:07 obviate the need for waiver for this requirement.

08:01:11 Transportation finds the plan inconsistent as well with

08:01:14 chapter 27-283-12.

08:01:19 And the code only allows for driveway width of maximum of 30

08:01:24 feet on the site plan driveway with South Howard, 35 feet.

08:01:31 There was another one for solid waste, section 27 288-A as

08:01:42 well, speaks about the proposed walkway from gas pump to

08:01:46 retail stores located in the solid waste surface area, the

08:01:49 proposed walkway in relation to the proposed location of the

08:01:54 enclosure is not in compliance with the section 27-288-A

08:01:58 entitled safety.

08:02:01 27-321-purpose, the waivers requested are in relation to

08:02:06 required setbacks of parking placement in the overlay access

08:02:09 to the local street.

08:02:12 I believe that is all.

08:02:14 >>CHARLIE MIRANDA: I have a motion for denial by Mrs.

08:02:15 Montelione, seconded by Mr. Reddick.

08:02:20 Further discussion by council members?

08:02:21 All in favor of the motion for denial, please signify by

08:02:24 saying aye. Opposed nay.




08:02:26 Motion passes unanimously.

08:02:27 Thank you all very much for appearing.

08:02:29 And we go now to item file 10, V-13-83. I will be back in

08:02:39 one second.

08:02:41 I will be back in the office listening to this.

08:02:44 >>ABBYE FEELEY: V-13-83 is a special request located at 607

08:02:48 and 623 South MacDill Avenue.

08:02:50 The request before you this evening is for a drive-in

08:02:53 window.

08:02:54 The current zoning is CG and the request for the drive-in

08:02:57 window is associated with a bank.

08:02:59 There are no waivers being requested with this special use.

08:03:08 >>TONY GARCIA: Planning Commission staff.

08:03:10 I have been sworn in.

08:03:14 The subject site is located right on southwestern boundary

08:03:19 of the central planning district, right on this green line

08:03:24 here.

08:03:28 So as we know, the central planning district is one of your

08:03:32 three planning districts that has been marked for growth and

08:03:38 job opportunities and redevelopment opportunities.

08:03:41 Let me get a little bit into the long-term aspects and give

08:03:45 you some context of the area.

08:03:47 Here is the intersection of Swann and South MacDill Avenue.

08:03:52 It's about seven blocks south of Kennedy Boulevard,

08:03:55 approximately give or take a couple of blocks.




08:03:57 Let me tell what you the land use categories are.

08:03:59 This is Parkland Estates to the south, the southwest over

08:04:02 here, from MacDill and south of swan.

08:04:05 The yellow signifies be a residential 6 land use category.

08:04:10 The other land use categories are, this is community mixed

08:04:13 use 35 along this particular segment of MacDill Avenue.

08:04:16 You have realized a lot of rezonings along this particular

08:04:21 segment of MacDill coming from the Kennedy Boulevard all

08:04:23 the way down to at least Azeele over the past five to six

08:04:28 years.

08:04:28 There have been approximately, I would guesstimate, 7 to 8

08:04:33 rezoning properties along MacDill Avenue soap there has

08:04:36 been a trend so recognizing the actual CMU 35 category which

08:04:41 does allow up to CG general commercial uses.

08:04:45 The land use adjacent is one to depart from MacDill to

08:04:49 the east or west as residential 35.

08:04:51 This is a little bit of an anomaly but it's really to

08:04:54 recognize the apartment complex, R-83 land use category that

08:04:59 you don't really see in this neck of the woods but to

08:05:01 validate the existing high density uses.

08:05:05 Been there for quite a bit of time, which is reflected right

08:05:09 there.

08:05:10 So that's an apartment building.

08:05:12 As you can see, there are quite a few town homes in the

08:05:17 area, which is characteristics of the R 35 land use




08:05:23 category.

08:05:23 As you can also see the character along MacDill Avenue,

08:05:26 you will see that there's a lot of neighborhood commercial

08:05:28 and general commercial supporting uses.

08:05:31 And of course the residential 6, you can obviously seat the

08:05:34 transition in the aerial in the residential character, as

08:05:39 one departs you can see the R-6 is reflected by a mature,

08:05:44 stable residential neighborhood to the south.

08:05:47 And then of course going from R-6 up to R 35 as one goes

08:05:54 north from Swann towards Kennedy Boulevard.

08:05:55 The request is consistent with the CMU 35 land use category,

08:05:59 and is also as Ms. Feeley stated to you, the site is already

08:06:04 zoned commercial general.

08:06:06 The request is to allow for a fly through to allow a bank

08:06:12 use.

08:06:12 Planning Commission staff found the proposed request

08:06:14 consistent with the comprehensive plan.

08:06:17 >>HARRY COHEN: Are there any questions for the Planning

08:06:19 Commission from council members?

08:06:20 Okay.

08:06:23 Ms. Feeley.

08:06:24 >>ABBYE FEELEY: Land Development Coordination.

08:06:27 As mentioned the applicant is requesting a separate use for

08:06:29 a drive-in window associated with a bank.

08:06:32 The property does contain .56 acres and is located at the




08:06:35 northwest corner of South MacDill Avenue and West Swann

08:06:40 Avenue.

08:06:41 The proposed configuration will have a full access on both

08:06:45 South MacDill and West Swann.

08:06:47 The proposed remote drive-in -- it's not a remote drive-in,

08:06:49 it's attached to the bank, on the western side of the

08:06:53 building.

08:06:54 So let me just make that correction.

08:06:56 The building setbacks are as follows.

08:06:58 They would follow that CG zoning district, north 10-foot,

08:07:03 south 10-foot, west 10-foot and east 10-foot. The proposed

08:07:06 request requires 12 parking spaces and a total 25 spaces are

08:07:09 being provided and the maximum building height is 39 feet 1

08:07:12 inch.

08:07:14 The zoning atlas here shows the property in green, shows

08:07:18 MacDill Avenue to the east, Swann Avenue to the south.

08:07:23 You will see predominantly everything is CG till you get to

08:07:28 it southeast corner at Swann and MacDill and the

08:07:31 southwest corner -- I'm sorry, and the southeast corner of

08:07:34 Swann and MacDill.

08:07:36 I will show you some pictures of the site.

08:07:38 This is from the corner of MacDill, and Swann.

08:07:44 Looking northwest.

08:07:49 The subject site.

08:07:50 This sought corner of the subject site looking north.




08:07:55 The northern part of that site.

08:07:57 The western portion of the site.

08:08:02 From Swann looking north.

08:08:05 This is to the west of the site.

08:08:07 This is additional parking for Swann curry funeral home,

08:08:16 kind of wraps around in an L.

08:08:18 This is to the north of the site on MacDill.

08:08:26 Just south of this site along Swann.

08:08:28 This is the southern.

08:08:29 There's no access, primarily residential no, access onto

08:08:36 Swann at this segment.

08:08:37 This is the northeast corner of Swann and MacDill travel

08:08:41 north on MacDill.

08:08:43 This is all the CG property that I had mentioned there.

08:08:48 Still traveling north on the east side of MacDill.

08:08:51 This is the southeast corner of MacDill and Swann.

08:08:58 And this is the southwest corner of MacDill and Swann.

08:09:04 As staff mentioned there are no waivers being requested to

08:09:06 the special use criteria, the bank in and of itself is an

08:09:09 allowable use in the CG district.

08:09:12 The window criteria includes direct access to an arterial or

08:09:16 collector, which this does both have access on MacDill

08:09:19 and Swann, adequate space shall exist on the lot for queuing

08:09:25 this standard has been met as well.

08:09:27 Lastly that the queuing and drive-in shall be at least 50




08:09:30 feet from any residential.

08:09:32 There is no surrounding residential.

08:09:33 So that standard has been met as well.

08:09:35 Staff did find the request consistent.

08:09:38 There are no modifications required between first and second

08:09:41 reading on the site plan.

08:09:43 Thank you.

08:09:43 >> Petitioner?

08:10:01 >>GINA GRIMES: Hill, Ward, Henderson, 101 East Kennedy

08:10:04 Boulevard.

08:10:05 Suite 3700.

08:10:09 Our firm represents the applicant Cooper commercial, and as

08:10:13 well as HomeBanc.

08:10:17 Home bank as you may know is building several branch bank

08:10:20 sites throughout the city.

08:10:21 Recently, we came before you for special use approval for

08:10:24 the new branch bank on Dale Mabry just south of the Wawa and

08:10:29 I think yesterday there was actually a ribbon cutting there.

08:10:32 So this is a second site in the South Tampa area.

08:10:35 And as Ms. Feeley stated they are planning to redevelop the

08:10:39 northwest corner of Swann and MacDill.

08:10:46 The only reason we are before you tonight is because of the

08:10:49 drive-through window, not because of the bank.

08:10:51 The bank is a permitted use in the CG zone.

08:10:56 The previous use of the site, speaking of adaptive reuses of




08:11:00 gas stations, the previous use of the site was a gas

08:11:03 station.

08:11:04 And it's now AP produce stand.

08:11:09 As well as a retail boutique on the north, and then back

08:11:13 here in this corner it looks like a small home.

08:11:17 I don't think it's occupied right now.

08:11:21 The bank building itself is relatively modest.

08:11:26 It's a 2900 square foot bank building on a half an acre.

08:11:31 The F.A.R. that's allowed under the CG zoning and under the

08:11:35 comp plan is 20.0.

08:11:37 The F.A.R. that's proposed is .18 so it's 9% of what you can

08:11:42 actually build on this property.

08:11:47 It was also stated it complies with all of the site

08:11:49 development regulations.

08:11:51 And in fact it not only complies with all of them but exceed

08:11:54 some of them.

08:11:55 The buffer and landscape standards that apply generally,

08:11:58 they exceed the standard for the use area.

08:12:03 They also see the parking requirements.

08:12:05 They have twice the number of parking spaces that are

08:12:08 required under the code.

08:12:09 Twice the number.

08:12:10 12 are required.

08:12:12 20, I believe 24 are being provided.

08:12:15 Also, I would like to show you the landscape perimeter.




08:12:19 You can see now the site is almost entirely impervious

08:12:27 surface, and the redevelopment proposal, you will have quite

08:12:32 a bit of green space, 8-foot buffer area and green space all

08:12:36 around the exterior perimeter, right adjacent to the

08:12:41 intersection, and then on the other three boundaries as

08:12:45 well.

08:12:46 And it's substantially impervious at that corner.

08:12:50 And as Ms. Feeley also mentioned, it complies with the three

08:12:54 special using standard that you have for drive oath through

08:12:56 windows.

08:12:56 They have that you have direct access to an arterial

08:13:00 collector, Swann and MacDill are both arterials and

08:13:04 collectors, no local street access.

08:13:06 I want to point that out.

08:13:07 There are no local streets that lead into the neighborhood

08:13:09 that are adjacent to this site.

08:13:11 One at MacDill, that's the only access point that this

08:13:14 has.

08:13:16 The second special use standard is that it must have

08:13:18 adequate space within the site in order for the vehicles to

08:13:22 queue before they get up to the drive-through.

08:13:25 There's two entrances, adequate space coming around off of

08:13:28 MacDill to the drive-through in the rear, and likewise

08:13:31 if you come in off of Swann you are direct add round this

08:13:34 site.




08:13:34 So there's more than ample space on-site.

08:13:37 Lastly, the special use standards related to the distance

08:13:41 required from any lot on which there are residential uses,

08:13:45 the closest residential is across Swann Avenue to the south

08:13:49 and Parkland, and there's at least 100 feet between this

08:13:52 queue lane and the residential to the south.

08:13:55 It's even further to the drive-through window.

08:14:00 The site is entirely compatible with the surrounding area as

08:14:03 well.

08:14:07 You have the funeral home, parking lot to the west.

08:14:15 On this side of the fence, you have the site, and then on

08:14:19 this site you have nothing but a parking lot.

08:14:21 This is to the north.

08:14:22 These are the uses.

08:14:24 The other retail restaurant, service use as long MacDill

08:14:29 Avenue, directly across the street.

08:14:31 I'm not sure what that is but it looks like some sort of

08:14:34 heavy commercial use, actually.

08:14:36 On the corner of Swann and MacDill tough Italiano

08:14:40 insurance agency, and then on the opposite corner you have a

08:14:44 real estate office.

08:14:45 So a bank is completely consistent with all those

08:14:48 surrounding uses.

08:14:50 In fact, this is also the precise type of development that

08:14:54 you would want to have in an area where you transition from




08:14:57 the commercial that you see along MacDill, this

08:15:04 commercial that you see along MacDill as opposed to the

08:15:08 more residential development that you have south of this

08:15:12 intersection along MacDill.

08:15:15 So the bank is a very good transition from the residential

08:15:18 to the more intensive commercial uses.

08:15:21 And also a bank is a neighborhood serving use.

08:15:24 The Planning Commission in your staff report recognized that

08:15:27 it's a neighborhood-serving use, and even identifies the

08:15:31 various neighborhoods that would be served as a result of

08:15:35 the fence.

08:15:35 So what we have here in front of you today, tonight, is a

08:15:40 plan that meets all of the site development standards, it

08:15:45 meets all of the special use standard, has no access to be

08:15:47 any local street.

08:15:49 A bank is already a use in the CG zoning, servings as a

08:15:55 transition to the south, a bank is a lesser or lower

08:15:59 intensity use than the retail that exists there right now.

08:16:02 And what we are proposing is a fraction of the development

08:16:05 potential, but yet given all of that, given the fact that

08:16:09 it's a textbook example of a perfect application, no

08:16:14 waivers, complies with all codes, we still have neighborhood

08:16:18 opposition.

08:16:21 Why?

08:16:22 My personal opinion is that it's the backlash from the




08:16:25 Patio.

08:16:26 You have some people here, some residents from the Palma

08:16:30 Ceia Pines neighborhood which is a newly formed neighborhood

08:16:34 association, from what I understand, and in their opinion,

08:16:37 they have impact from what was approved from the Patio, and

08:16:42 they believe that traffic -- is necessary in their

08:16:48 neighborhood, and I don't necessarily want to get involved

08:16:50 in it but apparently the city administration does not agree,

08:16:53 and there has been no sidewalk installed or any traffic

08:16:57 calming measures.

08:16:58 So what I see happening here tonight is that as a result of

08:17:02 that, they are going to come forward and object whenever

08:17:06 there's any development proposed in their neighborhood,

08:17:08 because they believe it's somehow going to add traffic to

08:17:11 their neighborhood and make the situation worse.

08:17:13 And I disagree with W that.

08:17:16 I did safe call from Kate O'Dowd, one of the residents in

08:17:20 the neighborhood.

08:17:20 Kate and I used to work together in the city attorney's

08:17:23 office, and I appreciate the fact she called me yesterday as

08:17:26 opposed to ambushing me today, which she said I didn't want

08:17:30 to ambush you at the hearing today, so I got the call

08:17:34 yesterday.

08:17:36 Whether their concern is their concern -- and again in my

08:17:41 opinion, they are looking for something to find wrong with




08:17:45 this otherwise perfect application and use that as their

08:17:48 window of opportunity to present to you their complaints

08:17:52 about the situation in their neighborhood.

08:17:55 And one of their complaints is that this project is somehow

08:18:00 going to create cut-through traffic in the neighborhood.

08:18:03 But again, there's no access to any local road.

08:18:06 So in order for traffic to cut through their neighborhood to

08:18:08 get to this site, you are going to have to take a very

08:18:12 circuitous route to get there.

08:18:15 Also, there are is a decrease in intensity.

08:18:18 You have two retail uses on this site, and a bank is less

08:18:22 intense retail.

08:18:24 So if anything there's going to be less cut-through traffic

08:18:26 in their neighborhood, not more, as a result of this

08:18:28 redevelopment

08:18:30 Also, the branch bank is serving the neighborhood.

08:18:33 So the cars that are going to be cutting through the

08:18:36 neighborhood are really going to be -- they are he they

08:18:39 should be residents of the neighborhood because that's who

08:18:40 the bank is intending to serve.

08:18:42 And lastly, the site circulation, I don't think lends itself

08:18:46 to a proper situation where people are trying to avoid going

08:18:51 out onto Swann or MacDill where there's a light, and you

08:18:55 can pretty much turn in any direction.

08:18:57 There are some other intersections further south on




08:18:59 MacDill that maybe are more problematic like MacDill

08:19:03 and Bay to Bay.

08:19:04 But MacDill and Swann, MacDill and Azeele -- and I

08:19:08 traveled those intersections for years -- I think they

08:19:11 operate fairly smoothly and I don't know anybody that cuts

08:19:13 through the neighborhood in order to avoid either one of

08:19:16 those two intersections.

08:19:18 So I guess what you are hearing from me tonight, too, is a

08:19:21 little bit of frustration that we have a good client like

08:19:24 HomeBanc, you know, doing their best, and have done their

08:19:27 best to comply with all their codes.

08:19:29 When they come to you with a project, you don't ask for any

08:19:33 waivers, you have a chance of getting improved.

08:19:36 But when you have neighborhood opposition that's not really

08:19:39 threw and that's what's unfair.

08:19:40 This is the kind of applicant that you want, one that

08:19:43 studies the code, one that makes sure that the site complies

08:19:46 with all the codes, one that doesn't ask for a waiver, and

08:19:49 yet we still have neighborhood opposition.

08:19:51 And I think for them when you come and appear on an

08:19:55 application like this, and you find some things to object

08:19:59 about, that I think you diminish your credibility as a

08:20:03 neighborhood association, because you create a perception

08:20:05 that you are going to complain no matter what.

08:20:08 And I just don't think that this application warrants any




08:20:11 kind of objection.

08:20:12 I think the fact that we meet all the codes, and the fact

08:20:17 that staff exported, Planning Commission supported it, the

08:20:22 decrease in intensity from the existing use, you have to

08:20:25 look for a reason to object.

08:20:28 And so with that, we would request your approval, and if you

08:20:31 have any questions, I will be happy to answer them.

08:20:34 >>CHARLIE MIRANDA: Any questions at this time by council

08:20:35 members?

08:20:36 Mrs. Mulhern.

08:20:37 >>MARY MULHERN: Yes, I just wanted to know if they are a

08:20:40 French company because they spell their name like a C.

08:20:46 I'm serious.

08:20:48 I don't.

08:20:49 >> I don't think they are a French company and I don't know

08:20:52 why the C.

08:20:53 >> Thank you.

08:20:57 >>CHARLIE MIRANDA: Okay.

08:20:57 This is regarding your file number V-13-83.

08:21:02 Petitioner has spoken.

08:21:04 We have -- anyone in the audience care to speak for or

08:21:06 against this petition?

08:21:07 You are certainly welcome to come up.

08:21:08 >> Good evening.

08:21:14 I'm Kathleen O'Dowd and I have been sworn in.




08:21:17 I reside at 3315 west DeLeon street unit 9.

08:21:23 I want to make it very clear from the beginning I am not

08:21:26 here to object to this request for special use approval.

08:21:30 Our concerns are as a result of the Patio being approved.

08:21:35 And I recognize, and I told Gina that I recognize that while

08:21:40 we do anticipate cut-through traffic and the result of

08:21:43 this -- and I will explain it in a second -- I don't believe

08:21:45 I am in a position to quantify that that traffic would be as

08:21:51 a result of the drive-through which requires your approval.

08:21:55 So my need neighborhood is bounded by MacDill, Swann,

08:22:02 Henderson, Azeele.

08:22:04 We have the Patio on MacDill which has really impacted

08:22:08 our neighborhood.

08:22:09 And it's partly because we have a lot of town home

08:22:11 development that does not have adequate guest parking.

08:22:15 We have a lot of on-street parking along street parking from

08:22:19 the Patio.

08:22:20 We don't have connecting sidewalks.

08:22:22 And there is cut-through traffic.

08:22:24 I live there.

08:22:25 I walk my dog twice a day.

08:22:27 I see folks going from Gulf view to get to Azeele,

08:22:31 cut-through, Swann and Lincoln, and the Walgreen's, which

08:22:36 it's hard to take a left on Swann so they turn around and

08:22:40 DeLeon.




08:22:40 So we wanted to start the conversation with this council top

08:22:44 ask you for support as we work with the city to help get

08:22:48 those sidewalks in our neighborhood, and to look at

08:22:51 traffic-calming devices so that folks aren't running through

08:22:55 the stop signs, aren't speeding through our neighborhood, so

08:22:57 that we can have a very compatible environment between the

08:23:00 commercial uses that are permitted along MacDill and the

08:23:03 residential uses that are currently developed.

08:23:07 So I am here to ask for your support as we move forward with

08:23:09 be the city to get those types of infrastructure

08:23:12 improvements completed.

08:23:14 Thank you.

08:23:16 >>CHARLIE MIRANDA: Mr. Cohen?

08:23:16 >>HARRY COHEN: I just want to say that I met with members

08:23:21 of your neighborhood association twice in the last couple of

08:23:24 months, and there is no question that there are major

08:23:28 concerns in the area, and we are trying to work with both

08:23:32 the city attorney's office and transportation and other

08:23:36 entities in the city to try to work through them.

08:23:39 And that work is ongoing.

08:23:41 And there's no question that your neighborhood is having

08:23:45 some significant problems as a result of different actions

08:23:49 that have been taken over the years, in some cases by this

08:23:53 board.

08:23:53 I just want to make sure I understand, how does that




08:24:02 actually relate to this drive-through window, though?

08:24:05 Because it doesn't seem to me that the drive-through window

08:24:08 is really relevant to all of those other considerations.

08:24:14 >> And I believe I said that.

08:24:16 I don't believe the drive-through window can be quantified

08:24:19 as to how that will increase traffic over and above what the

08:24:22 bank will already generate as a permitted use.

08:24:25 What I anticipate, however, for example, when I go to

08:24:29 peoples in the morning, it's really impossible to turn left

08:24:33 on MacDill to go towards Azeele, because of the traffic

08:24:37 that is along MacDill.

08:24:41 And what I do, I return right, and I circle around my

08:24:44 neighborhood.

08:24:44 I'm part of the cut-through traffic.

08:24:47 So I recognize the problem.

08:24:49 It's really difficult to turn left on MacDill or turn

08:24:52 left on Swann during the peak hours.

08:24:55 So there's a lot of circling around and I have seen it

08:24:58 increase over the years.

08:24:59 I have lived there for seven years.

08:25:01 So, no.

08:25:02 I asking HomeBanc to contribute to those improvements? No.

08:25:06 I'm here to have a conversation with council to let you know

08:25:09 we have concerns.

08:25:11 And we support development within our area.




08:25:13 I think the pictures along MacDill show that we can use

08:25:17 some improvement.

08:25:17 And I think this will be an improvement.

08:25:19 We just want to have that conversation so that we can have

08:25:22 adequate infrastructure for the residential development that

08:25:25 is contained within the commercial around us.

08:25:29 Thank you.

08:25:30 >>CHARLIE MIRANDA: Thank you very much.

08:25:31 Next, please.

08:25:38 Next.

08:25:40 You haven't been sworn in?

08:25:42 >> No.

08:25:43 >> It's anyone else who needs to be sworn in who wants to

08:25:45 speak to this one or item number 13, please stand up and be

08:25:49 sworn in.

08:25:50 Where.

08:25:51 (Oath administered by Clerk).

08:25:51 >> My name is of Deanna Band, 3208B west DeLeon Street, and

08:26:00 I am a writer and not a speaker, so I am going to read and

08:26:02 my friend and neighbor will show some pictures as I speak.

08:26:06 First I want to be clear that I am not opposed to HomeBanc

08:26:09 entering our neighborhood.

08:26:10 Unlike counsel said, I am not directly affected by the

08:26:13 Patio, not here to complain to but the Patio, as for the

08:26:17 bank being a less traveled, I rarely see cars at either the




08:26:22 farmers' market that's there currently tore little building

08:26:26 next door.

08:26:26 Almost never.

08:26:28 I am here to make express opposition to the increased

08:26:31 traffic our neighborhood will suffer as a result of them

08:26:33 being here and the drive-through, that faces on Swann

08:26:37 Avenue.

08:26:37 And to begin a discussion about what both HomeBanc and the

08:26:40 City of Tampa can and will do to minimize the impact to our

08:26:44 neighborhood, similar to what other commercial entities have

08:26:46 been asked to do to alleviate traffic patterns and the

08:26:51 neighborhoods that they are entering.

08:26:52 Our street, specifically Horatio and DeLeon going east to

08:26:56 west and Matanzas going south are already flooded with

08:27:00 drivers at Swann and Azeele and use our streets as

08:27:02 cut-throughs.

08:27:04 Our streets have already been deluged with the addition of

08:27:07 the Patio, the new Walgreen's and numerous multifamily homes

08:27:11 with inadequate parking.

08:27:12 Many of these nonresident drivers ignore the posted speed

08:27:16 limit on these narrow residential two-lane roads.

08:27:17 Just this week I was walking my two dogs and saw one on

08:27:22 Matanzas and one on DeLeon blow through the stop sign and

08:27:27 speed to the next stop sign.

08:27:28 These narrow streets have significant on-street parking.




08:27:34 The bank patrons would be forced to stop, go around them,

08:27:34 and it would cause a delay of cars and unnecessary

08:27:36 inconvenience and safety concerns for residents.

08:27:37 None of the streets mentioned have walks sidewalks.

08:27:39 All of them have hundreds of neighbors who walk their

08:27:42 children or their dog on a daily basis and most often as

08:27:45 banking peak hours not to mention the children leaving the

08:27:49 preschool on the DeLeon at the same time.

08:27:50 It would be near impossible for cars to turn left off Swann

08:27:54 or left off of MacDill.

08:27:56 Trust me, I come home that way every day and for me to turn

08:27:59 off MacDill, left onto DeLeon, is a wait and I have

08:28:03 seen many accidents and many near accidents.

08:28:07 What is the alternative going to be?

08:28:09 It's going to use the cross streets and side streets to gain

08:28:12 access that's more convenient for them.

08:28:14 The driver could be turn into the bank and cause a backup

08:28:18 again driving business traffic to our residential streets.

08:28:21 Existing to turn left on MacDill will also be nearly

08:28:24 impossible.

08:28:24 The logical course, turn right on Swann, turn right on

08:28:28 Matanzas and to Azeele.

08:28:30 And this is a photo I took Tuesday night of 5:15 traffic at

08:28:34 the light at MacDill and Swann and you can see the line

08:28:36 of cars that are there on MacDill that are going to be




08:28:39 blocking the entrance or egress from the bank.

08:28:43 I have been told street signs, and stop sign, but as I

08:28:48 stated people just roll right through them and speed to the

08:28:51 next one so I don't think that will help.

08:28:54 I have been told that the city has a seat at the table and

08:28:59 the hospital is on the east side of MacDill bull in the

08:29:01 12 years I have lived in my town home I have never once seen

08:29:04 an ambulance come down any one of the roads I am discussing.

08:29:07 And we need sidewalks as Mrs. O'Dowd said.

08:29:12 I welcome HomeBanc.

08:29:13 I hope they want to be a good neighbor and that they will

08:29:16 work with us and work with the city to make some

08:29:18 improvements so that we, their residents and potential

08:29:21 future customers, aren't negatively impacted and hit by cars

08:29:25 as we are trying to walk our dogs.

08:29:28 Thank you.

08:29:30 >>CHARLIE MIRANDA: Thank you.

08:29:31 Next, please.

08:29:31 >> Annaliese Myers, 2307 west Bristol Avenue Tampa 33609.

08:29:39 I am reside in Parkland Estates.

08:29:41 I am not here representing the board because our president

08:29:44 is an attorney at Hill, Ward, Henderson.

08:29:48 We did not take a vote on this.

08:29:51 I think what's ironic here is here we have a former gas

08:29:55 station.




08:29:56 It's a lot of property.

08:29:58 And the last one had no property.

08:29:59 I have some pictures, and I meat might need our favorite

08:30:03 picture person, if you will help me here.

08:30:06 What I am opposed to be is the teller window.

08:30:08 I have no doubt that HomeBanc will be a viable interest

08:30:13 here, a wonderful neighbor.

08:30:15 It will beautify the property, although I will miss the

08:30:18 fruit stand that we have.

08:30:19 But let me just show you the turn lanes here.

08:30:21 It's going to be very hard for these teller windows.

08:30:25 It's going to create a horrible -- not just a traffic

08:30:28 problem but a just a problem on this very busy intersection,

08:30:34 and it's unfortunate we did it not get TPD to tell us how

08:30:39 many accidents actually happened at this intersection.

08:30:42 That may have helped something.

08:30:56 This is looking north.

08:30:58 From Swann.

08:31:00 I'm actually standing in Parkland Estates right now looking

08:31:03 north.

08:31:04 So that would be Swann Avenue and I did put on there, west

08:31:08 is the other way.

08:31:09 You see all the traffic coming south here.

08:31:11 Now, as I see it, we only have two ways to get into this

08:31:15 property with the bank.




08:31:16 You are going to have to go north on MacDill.

08:31:21 You are going to have to cut across that traffic.

08:31:22 The very edge of the petitioner's property looking south on

08:31:33 MacDill.

08:31:33 This is MacDill.

08:31:34 The property is to my right.

08:31:37 You will see the turn lane there that will go left to east

08:31:42 Swann.

08:31:42 Okay?

08:31:42 And that's where the cars are going to have to travel over

08:31:45 that, to get into this property.

08:31:47 They are going to have to actually travel over a turn lane.

08:31:55 Once again, I am standing on Parkland Estates property.

08:31:58 This time I am down on the southeast corner looking over to

08:32:01 the property, just to give you another birds' eye view.

08:32:11 I'll show again here.

08:32:12 I'm standing on the property looking west.

08:32:16 That's actually Swann Avenue traffic, and there's a turn

08:32:20 lane there.

08:32:21 So right about where that right car is almost to the edge of

08:32:25 the property and that will be where the teller window is

08:32:27 actually coming out right along there, right in front of

08:32:30 that.

08:32:32 So it will be almost impossible for them to make a left-hand

08:32:35 turn.




08:32:36 They can also, as you see on your site plan, they can go

08:32:40 back to the property.

08:32:41 But then they are going to have to come back out

08:32:43 MacDill.

08:32:44 >>CHARLIE MIRANDA: Okay, I'm sorry.

08:32:45 Let you put down one more photo. Appreciate it very much.

08:32:51 Next, please.

08:32:51 >> John Jones, 1704 west Jetton Avenue.

08:32:56 I am going to be very brief.

08:32:57 I got an e-mail this morning from the interim president of

08:33:01 Palma Ceia Pines, brand new neighborhood association for

08:33:04 Tampa, that we had been working with for several months now.

08:33:14 She couldn't be here for another hearing that we were both

08:33:17 interested in.

08:33:18 But they were having this hearing and actually speak with

08:33:25 Kate O'Dowd, though I have known for quite some time about

08:33:30 their interim traffic.

08:33:32 I took a quick look at the application, and then went, wow.

08:33:37 It's a really good application.

08:33:39 I mean, what is there to object to?

08:33:41 Although I have got to say that a lot of us didn't -- the

08:33:47 city has problems to make turns on certain streets, and it

08:33:52 does generic traffic.

08:33:54 But primarily I want to be here to introduce our newest

08:33:57 member of our cadre of the folks in the South Howard area,




08:34:03 since they will be participating in our group, working

08:34:07 together to better our little corner of South Tampa.

08:34:11 So thank you.

08:34:13 >>CHARLIE MIRANDA: Thank you very much.

08:34:13 Anyone else who has not spoken?

08:34:15 Yes, ma'am.

08:34:15 >> My name is Debby Sledge, and I reside at 3204

08:34:21 West Fountain Boulevard, and I am a member of Parkland

08:34:24 Estates.

08:34:25 Fountain Boulevard runs east to west, and we are one block

08:34:29 parallel south of Swann.

08:34:31 Right now, we have a lot of traffic cutting through our

08:34:34 street.

08:34:35 If you are heading northbound on MacDill, they make a

08:34:38 left turn, fly down our street, right turn on Lincoln, left

08:34:43 turn onto Swann.

08:34:44 We are expecting a locality of the backup traffic.

08:34:47 Again I am not against the bank.

08:34:48 My concern is if there will be any supplement to helping

08:34:52 with that intersection, with possibly a left lead light from

08:35:00 MacDill, left onto Swann, help relieve traffic or vice

08:35:04 versa.

08:35:05 Right now there is only one left turn lead light which is on

08:35:09 Swann when you are heading westbound and turning south onto

08:35:13 MacDill.




08:35:14 We get a lot of cut-through traffic.

08:35:17 And if there's going to be backup with people trying to cut

08:35:19 across southbound MacDill, make a left turn into the

08:35:24 teller, into the bank, you are going to have a lot of

08:35:28 backup, and more people are not going to be patient as they

08:35:31 are already right now, and make a left turn, from to have

08:35:37 fly down our street.

08:35:38 We have lots of families with lots of kids, lots of pets,

08:35:41 lots of animals and a lot of dog walkers that come from

08:35:44 other neighborhoods to walk because we do have sidewalks.

08:35:48 But the increased traffic has been a great deal of watching

08:35:53 people come down and literally fly down our street because

08:35:56 they are racing the people they were behind trying to make a

08:35:59 left turn onto MacDill.

08:36:00 And I just wanted to express my concern that if there was

08:36:03 something that could be taken into consideration when you

08:36:05 are approving for the bank and how it's going to affect the

08:36:11 backup of the traffic flow trying to make a left turn across

08:36:14 MacDill into the bank.

08:36:16 >>CHARLIE MIRANDA: Thank you very much.

08:36:16 Anyone else who has not spoken?

08:36:20 Petitioner, you have five minutes.

08:36:21 >>> I want to begin by saying that while I appreciate their

08:36:28 concerns, none of their concerns are documented or founded

08:36:33 in any kind of science.




08:36:36 Their fear is speculation that there is going to be some

08:36:39 sort of additional cut-through traffic as a result of this

08:36:42 use as opposed to the existing use.

08:36:45 The other thing I want to point out is the fact that this is

08:36:49 a signalized intersection. A lot of times on a busy street

08:36:54 when you are trying to head north-south it is difficult to

08:36:57 get out of maneuvering between cars.

08:36:59 When you have a signalized intersection here, if you are

08:37:02 headed north on MacDill, instead of passing that

08:37:06 intersection and then trying to cut across traffic, you are

08:37:08 going to turn left at the light and you can enter the site

08:37:11 that way.

08:37:12 Likewise, if you are trying to go north on MacDill from

08:37:15 the site you can come out this way, go to the light and turn

08:37:19 left and go up.

08:37:20 So you have the benefit of having a light at this

08:37:22 intersection that's going to facility tailgate the

08:37:24 north-south movement.

08:37:28 All of the traffic isn't necessarily coming through the

08:37:31 drive-through doesn't necessarily have to exit here.

08:37:33 There is another lane that circulates around the entire site

08:37:37 and allows, for instance, if you are coming out and you want

08:37:40 to head south on MacDill you don't have to cross over

08:37:44 onto Swann.

08:37:45 You can circle the site and then come back through and go




08:37:48 through the light there.

08:37:49 So the fact that there's a light there and the fact that you

08:37:52 have two different ingress-egress points to facilitate

08:37:56 traffic heading north and south on MacDill.

08:37:59 I really don't have anything further to add other than,

08:38:02 again, this application meets all the requirements, exceeds

08:38:06 some of the requirements, has staff support, and there's

08:38:09 been no other competent and substantial evidence as to why

08:38:13 it should be denied.

08:38:13 So with that we would ask for your approval.

08:38:17 >>CHARLIE MIRANDA: Thank you very much.

08:38:18 Okay.

08:38:20 You heard from petitioner.

08:38:21 We heard from the public.

08:38:24 Five minute rebuttal.

08:38:25 Need a motion to close by Mr. Reddick.

08:38:27 Seconded by-Mr. Cohen.

08:38:30 >>MIKE SUAREZ: Can I ask one quick question?

08:38:32 Mrs. Feeley, real quick, I want to make sure I am clear on

08:38:35 this, and 100%.

08:38:37 They are by rights, they could do this if there was no

08:38:41 drive-through?

08:38:42 >> Yes. Abbye Feeley, land development.

08:38:47 They could go ahead and build a bank tomorrow without the

08:38:50 window.




08:38:50 >> Quick question about the process.

08:38:52 In terms of a drive-through window, why don't we have an

08:38:56 aspect that if you are putting in a bank you can have a

08:38:58 drive-through window without having to go to council?

08:39:01 And that's a different question for a different time.

08:39:03 I want you to think about that.

08:39:05 >> I have the answer if you would like it.

08:39:09 The industrial, heavy district, drive-in windows are allowed

08:39:12 by right.

08:39:14 In the CI district, which is commercial intensive, the

08:39:18 drive-in window is actually an administrative review.

08:39:21 And in the CG district as you get to less intense commercial

08:39:25 uses, that's when it comes before City Council.

08:39:27 >>MIKE SUAREZ: Thank you for explaining that to me.

08:39:32 >>CHARLIE MIRANDA: I have a motion to close, I believe made

08:39:34 by Mr. Cohen, seconded by Mr. Reddick.

08:39:37 All in favor of the motion to close please signify by saying

08:39:40 aye.

08:39:40 Opposed nay.

08:39:41 Motion to close passes unanimously.

08:39:44 I'm sorry, who wants to read the ordinance?

08:39:48 Mr. Suarez?

08:39:48 >>MIKE SUAREZ: I move an ordinance for first reading

08:39:54 consideration, ordinance approving a special using permit S2

08:39:57 approving a drive-in window in a CG commercial general




08:40:00 zoning district in the general vicinity of 607 and 623 South

08:40:04 MacDill Avenue in the city of Tampa, Florida and as more

08:40:08 particularly described in section 1 hereof providing an

08:40:11 effective date.

08:40:13 >>CHARLIE MIRANDA: This is item 10, V-13-83.

08:40:17 I have a second by Mr. Cohen.

08:40:19 Further discussion by council members?

08:40:20 All in favor of the motion?

08:40:22 Opposed?

08:40:23 Motion passes unanimously.

08:40:24 Thank you all very much for appearing.

08:40:26 >>THE CLERK: Motion carried with Capin being absent.

08:40:28 Second reading and adoption will be on October 3rd at

08:40:31 9:30 a.m.

08:40:33 >>CHARLIE MIRANDA: Now 11 and 12 have been taken care of by

08:40:36 continuation.

08:40:36 We go to item 13.

08:40:42 Z-13-59.

08:40:43 >>ABBYE FEELEY: Land Development Coordination.

08:40:53 Z-13-59 is located at 4611 North "A" street.

08:40:57 The request before you this evening is from PD planned

08:41:01 development office business and professional medical to PD

08:41:03 planned development, office business professional and

08:41:05 medical.

08:41:14 There are several waivers that are being requested, actually




08:41:17 just three.

08:41:18 The site has several large grand trees on it you will see.

08:41:22 And I will provide you also with the photo diagram of the

08:41:29 current location.

08:41:31 The first is a parking waiver to reduce the number of

08:41:34 parking spaces from 23 to 17.

08:41:38 The second is to be reduce the use buffer along the north,

08:41:41 which is actually an alley from 5-foot to 4-foot.

08:41:44 We have an office use across an alley from residential.

08:41:48 You need to either have a 5-foot buffer or 6-foot masonry

08:41:52 wall.

08:41:53 And the last is to reduce does the vehicle buffer along the

08:41:56 north from 8-foot to 4-foot with payment of fee in lieu.

08:42:01 Those waivers are really driven by the large trees on the

08:42:04 site, and the ability to put the parking into the property.

08:42:13 I will go ahead and introduce Tony.

08:42:23 >>TONY GARCIA: Planning commission staff.

08:42:24 I have been sworn in.

08:42:31 This is another one right on the border.

08:42:34 The site is located right about in this area here, just a

08:42:38 block off the -- just to the northeast of the intersection

08:42:41 of Westshore and Kennedy Boulevard.

08:42:45 It's in the Westshore planning district.

08:42:47 Which is one of the three growth districts.

08:42:51 Show you the land use categories along Kennedy Boulevard.




08:42:53 You have urban mixed using 60 which is this light purple

08:42:57 color.

08:42:57 Then the magenta colored is regional use 100, as you go

08:43:02 under the commercial overlay district.

08:43:05 And this particular category, residential 35.

08:43:10 This is residential 20.

08:43:12 Residential 35.

08:43:14 It does meet for neighborhood commercial or professional

08:43:18 office use, which is basically what the character is really

08:43:23 reflective along this particular segment of North "A," as

08:43:26 one departs from easterly from North Westshore Boulevard.

08:43:33 If I were to show you the aerial which I am anyway, we have

08:43:37 the Walgreen's right here, and of course Taco Bell.

08:43:41 So there's a Taco Bell here, then of course the Burger King

08:43:44 a little further down and McDonald's.

08:43:46 Of course, we have Westshore mall over here.

08:43:49 But there are several offices in the general area, and

08:43:52 there's some town home development, and of course there's a

08:43:54 mixture of residential use in this Westshore Palms area.

08:43:58 The condos or single-family detached uses.

08:44:03 It's pretty much straightforward.

08:44:04 Just a little more intensive type of office use.

08:44:07 But there's an existing office use on-site.

08:44:09 Planning Commission staff found the request consistent with

08:44:12 the comprehensive plan.




08:44:13 Thank you.

08:44:14 >>CHARLIE MIRANDA: Thank you very much, sir.

08:44:15 >>ABBYE FEELEY: Land development.

08:44:25 Staff did find this request inconsistent.

08:44:28 John is here from transportation.

08:44:29 It was an inconsistency that's based on the request for

08:44:32 parking reduction.

08:44:34 I do want to let you know that the plan has policies that

08:44:40 allow for parking reductions when you are retaining trees,

08:44:44 and such a large species that you have before you tonight.

08:44:47 A second note on this is that this property is within the

08:44:51 Westshore overlay district, and back to my file, because we

08:44:55 talked a lot about overlays tonight, and this was a file

08:44:59 that came in that did not meet the overlay, and has

08:45:02 substantial waivers to it.

08:45:04 And what's before you tonight is a plan that is consistent

08:45:07 with the Westshore overlay district.

08:45:09 It's up the street, beautiful project, and we have been very

08:45:13 fortunate to work with and Mr. Lindell to bring that

08:45:20 building while retaining all those large trees.

08:45:23 So if I may, the request before you tonight is for mixed

08:45:29 occupant building with a thousand feet of medical office and

08:45:31 5110 square feet of business professional office, it's wet

08:45:35 zoned IP in 1983 which was a site plan controlled district,

08:45:39 and those IPs became PDs so I actually have the original




08:45:47 plan on this property, which looked like this.

08:45:51 And allowed for some reconstruction to occur on the

08:45:55 property.

08:46:02 It is a .47-acre site in the west overlay district, it is

08:46:07 located on North "A," just east of South Westshore, and in

08:46:12 between Westshore and Trask.

08:46:15 The site is shown here in green.

08:46:17 There is a mix of offices.

08:46:21 You did do a special use just to the southeast of this site,

08:46:25 so the new Chase Bank located at Trask, and Kennedy.

08:46:30 Also, the Taco Bell and Walgreen's is contained within a PD.

08:46:34 Most recently, you did two duplexes here at the northeast

08:46:40 corner of Trask and North "A."

08:46:46 Here is the site.

08:46:47 There is an existing building.

08:46:49 I'll show you some other pictures.

08:46:51 It is hard to see.

08:46:53 There are such large tree canopies.

08:46:57 This is Florida blue at the corner of Westshore and North

08:47:01 "A."

08:47:02 As I mentioned to you, Walgreen's, Taco Bell, and the Chase

08:47:06 Bank which now inhabits this area here.

08:47:15 The picture of the site.

08:47:18 From North "A."

08:47:21 This is the existing parking area.




08:47:24 You see those large trees that are in that.

08:47:27 Working down from Westshore.

08:47:30 This was from North "A" looking back toward Westshore,

08:47:35 Florida blue, back toward Trask.

08:47:38 Large tree canopy on the north side of North "A."

08:47:42 Mix of use office, residential offices, immediately to the

08:47:46 east of the site.

08:47:47 These that northeast corner at Trask.

08:47:49 And working back down there.

08:47:51 There's no commercial access from the Kennedy site onto

08:47:54 North "A" but these are all the backs of Chase, Taco Bell

08:47:59 and then the Walgreen's does have access onto North "A."

08:48:04 There are some minor modifications staff is requiring

08:48:07 between first and second reading and that includes updating

08:48:09 the waivers as to be stated on each one of the staff

08:48:12 reports.

08:48:14 Transportation also had a modification in addition to their

08:48:18 objection which was to correct the parking spaces.

08:48:24 And natural resources, I do want to comment on this briefly,

08:48:27 page 3 there, was some comment raised by natural resources

08:48:31 in respect to meeting the building in order to take care of

08:48:34 any potential tree canopy complex.

08:48:39 After the report was issued to you but before this hearing

08:48:41 took place, natural resources met at the site with him, the

08:48:45 elevation sign, there is no canopy conflict and does not




08:48:49 need to be any additional modification concerning that

08:48:51 issue.

08:48:51 However, the other notations that they have provided needs

08:48:55 to be put onto the site plan.

08:48:57 Staff did provide that for you in a revision sheet in your

08:49:00 report.

08:49:01 I believe the applicant is amenable to all the revisions

08:49:04 between first and second reading.

08:49:06 And staff did find the request consistent minus the findings

08:49:11 from transportation due to the parking reduction.

08:49:15 >>CHARLIE MIRANDA: Thank you very much.

08:49:16 Petitioner?

08:49:17 >> Lucas Carlo, 311 North New Port Avenue.

08:49:24 Before I go to the site plan, I want to show the survey and

08:49:28 the existing conditions and the trees and the existing

08:49:31 parking areas to go over some of the waivers after that.

08:49:40 The existing grand trees, the one in the center of the site

08:49:44 is a stressed tree that natural resources wants to remove.

08:49:50 You can see all the other oaks along the east and west

08:49:53 property line that we are keeping and the north property

08:49:55 line.

08:49:56 Existing pavement area into the platted right-of-way.

08:50:02 So I want to show you the site plan we are going to be

08:50:05 proposing and why we are requesting some of the buffer

08:50:08 waivers.




08:50:14 You see on the north property line, we asked for the waiver

08:50:18 from 5 to 4 foot.

08:50:21 And we are doing the hedge row.

08:50:23 We don't want to do the wall obviously because of the big

08:50:26 oak trees, 6 foot masonry wall would damage the roots.

08:50:29 I don't think the city would want that.

08:50:31 I think you have a copy of landscape's plan showing how we

08:50:34 are going to address that buffer.

08:50:37 Also, the oak trees, 47-inch oak here.

08:50:42 You can see that kind of limited our parking where we could

08:50:46 park.

08:50:47 There are two parking spaces here.

08:50:49 There's a garage.

08:50:50 We did not include that in our count.

08:50:55 Mr. Lindell requested that.

08:50:59 That may be a medical use, be a thousand square foot on the

08:51:02 site plan.

08:51:03 That's where our parking count is actually higher than

08:51:06 what's going to be used.

08:51:07 We do have 19 spaces, but -- counting 17.

08:51:13 So those are reasons why we requested the waivers, if you

08:51:17 have any questions.

08:51:18 >>CHARLIE MIRANDA: Any questions by council members at this

08:51:19 time?

08:51:20 >>LISA MONTELIONE: I just want to say I'm happy with




08:51:27 keeping the tree.

08:51:28 And for working hard to --

08:51:39 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

08:51:41 this item, number 13, file Z-13-59?

08:51:45 Please come forward.

08:51:46 >> Move to close.

08:51:49 >> Second 14 motion to close by Mr. Cohen, seconded by Mr.

08:51:53 Reddick on a close vote with Mrs. Montelione.

08:51:57 The ayes have it unanimously.

08:51:58 Mr. Reddick, kindly take number 13, please.

08:52:01 >>FRANK REDDICK: I move an ordinance being presented for

08:52:04 first reading consideration, an ordinance rezoning the

08:52:06 property in the general vicinity of 4611 west North "A"

08:52:09 street in the city of Tampa, Florida and more particularly

08:52:13 described in section 1 from zoning district classifications

08:52:16 PD planned development, office, business/professional and

08:52:19 medical, to PD, planned development, office,

08:52:22 business/professional, and medical, providing an effective

08:52:25 date.

08:52:26 >>CHARLIE MIRANDA: Thank you very much.

08:52:27 Mrs. Feeley, any waivers?

08:52:29 >>FRANK REDDICK: I'm sorry, and including the waivers

08:52:31 outlined by staff.

08:52:35 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.

08:52:37 Seconded by Mrs. Mulhern.




08:52:39 All in favor of the motion please indicate by saying aye.

08:52:41 Opposed nay.

08:52:42 The ayes have it unanimously.

08:52:43 Thank you all very much for attending.

08:52:45 >>THE CLERK: Motion carried with Capin being absent.

08:52:47 Second reading and adoption will be on October 3rd at

08:52:50 9:30 a.m.

08:52:51 >>CHARLIE MIRANDA: Okay.

08:52:51 We go for information and new business from left to right.

08:52:56 Mrs. Montelione.

08:52:57 >>LISA MONTELIONE: Yes, sir, thank you.

08:53:00 I would like to motion that council receive a presentation

08:53:03 from Beth Alden of the Hillsborough metropolitan

08:53:08 organizations, the MPO's apportionment plan and be prepared

08:53:12 to endorse a resolution plan for council's October 3rd

08:53:17 agenda.

08:53:18 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, seconded by

08:53:19 Mr. Suarez.

08:53:19 Further discussion by council members?

08:53:22 >>LISA MONTELIONE: That would be immediately following

08:53:24 staff reports.

08:53:26 10 a.m.

08:53:28 >>CHARLIE MIRANDA: On the 3rd.

08:53:29 Got it.

08:53:30 All in favor of the motion?




08:53:31 Opposed?

08:53:32 The ayes have it unanimously.

08:53:34 Anything else, Mrs. Montelione?

08:53:36 >>LISA MONTELIONE: No, sir.

08:53:37 That's it.

08:53:37 >>HARRY COHEN: Thank you very much, Mr. Chair.

08:53:40 I do have one item and it concerns -- it's really two items

08:53:44 and concerns our calendar for next week.

08:53:46 We have be a very, very long meeting next Thursday the

08:53:50 26th and I was going to make a suggestion to everyone

08:53:53 now that there are 17 items in staff reports, 12 of them are

08:54:00 related to be code enforcement discussion.

08:54:03 And I was going to suggest that we set those 12 items as a

08:54:09 1:30 time certain.

08:54:10 We can spend the whole afternoon on code enforcement and

08:54:15 deal with the rest of the things in the morning.

08:54:18 So that's the first part of the motion.

08:54:20 The second is that we amend the part inviting the city's

08:54:25 grant writer to just read city staff so they can provide us

08:54:28 with more people to talk about that item.

08:54:32 >>CHARLIE MIRANDA: Mrs. Mulhern?

08:54:34 >>MARY MULHERN: I'll second your motion, but the city staff

08:54:41 grant writer maybe we could continue that to another

08:54:43 meeting.

08:54:43 >>HARRY COHEN: Well, it is related to code enforcement.




08:54:48 >>CHARLIE MIRANDA: Motion by Mr. Cohen, seconded by Mrs.

08:54:50 Mulhern, very good.

08:54:53 Any further by council members?

08:54:54 All in favor?

08:54:56 Opposed?

08:54:56 The ayes have it unanimously.

08:54:58 Anything else?

08:54:59 >>HARRY COHEN: No, thank you.

08:55:01 >>MARY MULHERN: Nothing.

08:55:02 >>CHARLIE MIRANDA: Thank you very much.

08:55:02 Mr. Reddick?

08:55:03 >>FRANK REDDICK: One item.

08:55:06 At the last council meeting I requested a -- I thought it

08:55:12 was a resolution but when the minutes came it said

08:55:19 commendation for international day of peace, and I want to

08:55:22 make a motion that it be a resolution.

08:55:24 >>MARY MULHERN: Second.

08:55:25 >>CHARLIE MIRANDA: I have a motion for Mr. Reddick for

08:55:28 clarity of that item, seconded by Mrs. Montelione.

08:55:31 All in favor?

08:55:32 Opposed?

08:55:32 The ayes have it unanimously.

08:55:34 Anything else?

08:55:35 Mr. Suarez?

08:55:38 >>MARTIN SHELBY: Sorry to interrupt.




08:55:39 But just for the record, the resolution has been distributed

08:55:42 and the motion included moving that resolution.

08:55:45 Is that correct?

08:55:46 >>CHARLIE MIRANDA: Right. And it's been signed, too.

08:55:50 That's how quick I am.

08:55:51 >> Good job.

08:55:53 >>MIKE SUAREZ: Nothing, sir.

08:55:56 >>CHARLIE MIRANDA: All right.

08:55:58 Need a motion to receive and file all the documents.

08:56:00 >> So moved.

08:56:02 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

08:56:03 Seconded by Mr. Suarez.

08:56:04 All in favor of the motion please indicate by saying aye.

08:56:07 Opposed nay. The ayes have it unanimously.

08:56:10 Any of you 500 people want to speak today?

08:56:12 I see no one.

08:56:14 We stand adjourned.

08:56:15



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