Council Evening

Page 1 CITY OF TAMPA Council Evening Thursday, April 11, 2024 5:01 PM PROPOSED EVENING ACTION MINUTES TAMPA CITY COUNCIL CHAMBERS CITY HALL 315 E. Kennedy Blvd., 3rd Floor, TAMPA, FLORIDA 33602 The City Council of the City of Tampa, Florida convened in an evening session at 5:04 p.m. on this the 11th day of April 2024 with Guido Maniscalco, Chair, presiding. Members present upon roll call were: Carlson, Hurtak, Henderson, Miranda, and Maniscalco constituting a quorum. Viera arrived at 5:10 p.m. and Clendenin arrived at 5:12 p.m. Martin Shelby, Council Attorney was in attendance. The minutes were recorded and prepared by Jazmean Afanador, City Clerk Support Technician/ Office of the Cit y Clerk, recording secretary for these proceedings. Motion: (Clendenin-Henderson) That Council moves to open all public hearings. Motion carried unanimously. Motion: (Henderson-Miranda) That Council moves to hear agenda item 3 before agenda item 2. Motion carried unanimously with Viera and Clendenin absent at vote.  Page 2 CEREMONIAL ACTIVITIES AND\OR PRESENTATIONS: 1. File No. CM24-3450 Presentation of commendation to Emily Peake, a student at Cambridge Christian Academy and Lillian Hund, a student at the Academy of the Holy Names, medal winners at the 2023- 2024 USS Tampa Post #5 American Legion Oratorical Contest. In conjunction with this; further a presentation of commendation to Abby Kovalsky and Charlotte Luria who have earned their Citizenship and Government Badges for their knowledge and understanding of civic responsibility. (Original motion initiated by Miranda-Viera on February 15, 2024)(Continued from March 28, 2024) Councilmember Miranda presented commendations to Charlotte Luria and Abby Kovalsky from the American Heritage Girl Troop with the support of USF Tampa Post 5 Commander, Christopher Mansong Hing. Councilmember Miranda presented commendations to Emily Peake and Lillian Hund from the American Legion Oratorical Contest with the support of the District 15 Oratorical Chairman, Glen Juman.  Page 3 5:01 P.M. – PUBLIC HEARINGS - (ITEM 2) - (Non-Quasi-judicial proceedings) 2. File No. TA/CPA 22-28 (Ord. approved on 1st reading- Hurtak no) (Ordinance being presented for first reading consideration) - An Ordinance amending the Tampa Comprehensive Plan, Future Land Use Element, Future Land Use Map, for the property located at folio numbers 189779.0000, 189778.0000, 189777.0100, 189777.0000, 189774.0000,189775.0000,189776.0000,189780.0000,189864.0000,189863.0100,189863.0000, 189862.0000, 189864.0100, 189865.0000, 189866.0000, 189870.0100, 189872.0100, 189872.0000, 189871.0000, 190093.0000, 190087.0100, 189598.0000 and 189577.0020, from General Mixed Use-24 (GMU-24), Light Industrial (LI) and Heavy Industrial (HI) to Community Mixed Use-35 (CMU-35) and Urban Mixed Use-60 (UMU-60); providing for repeal of all ordinance in conflict; providing for severability; providing an effective date. (Continued from July 20, 2023, November 9, 2023, January 18, 2024 and March 21, 2024) Evan Johnson, City Chief Planner and Ron Vila, Historic Preservation Specialist, appeared and presented on behalf of the City; Danny Collins, Planning Commission, appeared and presented staff report. Tyler Hudson, Esq., applicant’s representative, approached and presented on said public hearing. The following individuals appeared before Council to make comments:  Tim Shusta  Ken Stoltenberg  Captain John Timmel  Joe Robinson  Christian Leon Motion: (Clendenin-Miranda) That said public hearing be closed. Motion carried unanimously. Motion: (Miranda-Viera) That said ordinance be approved on first reading by title only and published. The title of said ordinance was read in full. Motion carried by voice roll call vote of 6-1 with Hurtak voting no. (Second reading and adoption to be held on May 2, 2024, at 9:30 a.m.)  Page 4 5:01 P.M. – PUBLIC HEARINGS - (ITEMS 3 THROUGH 13 ) – (Quasi-judicial proceedings require witness to be sworn in prior to testifying pursuant to Resolution No. 2004-667) 3. File No. REZ-23-88 Continued Public Hearing from January 18, 2024 on application of Azam Elsheikh request to rezone property generally located at 203 S. Moody Avenue from RO-1 to PD (Residential Multi-Family Townhouse). Sam Thomas, Urban Planner II, approached and presented on behalf of the City; Danny Collins, Planning Commission, appeared and presented staff report; Erin Maehr – Forester Examiner, appeared and answered questions. Stephen Michelini, applicant’s representative, approached and presented on said public hearing. The following individuals appeared before Council to make comments:  Ted Gillette Motion: (Hurtak-Viera) That said public hearing be closed. Motion carried unanimously. (Ordinance presented for first reading consideration) - An ordinance rezoning property in the general vicinity of 203 South Moody Avenue, in the city of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) RO-1 (Residential Office) to PD (Planned Development, Residential, Multi-Family, Townhouse); providing an effective date. Motion: (Hurtak-Henderson) That Council moves to deny said petition due to the failure of the applicant to meet its burden of proof to provide competent and substantial evidence that the development, as conditioned and shown on the site plan, is consistent with the Comprehensive Plan and City Code and the applicant’s failure to meet its burden of proof with respect to the requested waivers. Council adopts the findings and reasonings of the City staff report. Further; that said petition fails to comply with Land Development Code, section 27-136; although the proposed use is an appropriate transitional use within the neighborhood, the proposed design, as shown on the site plan, does not promote or encourage development that is appropriate in location, character, and compatibility with the surrounding neighborhood. For example, none of the units provide a front door orientation towards the front and the requested reduction in use-to-use landscape buffer will not accommodate any trees nor will the reduction provide an appropriate buffer to better protect off-site trees. The waivers needed are too tremendous to overlook in this case. The most egregious is the greenspace; Going from 350 feet per unit to 107 feet. That is less than 5,000 square feet on a 6,667 square foot lot. Motion carried by voice roll call vote of 6-1 with Maniscalco voting no. Motion: (Henderson-Carlson) That the documents submitted by Stephen Michelini, be received and filed. Motion carried unanimously. Motion: (Henderson-Carlson) That the documents submitted by Sam Thomas, be received and filed. Motion carried unanimously.  Page 5 4. File No. REZ-23-34 (Ord. approved on 1st reading; UNAN) Public Hearing on application of Trans-continental Marine Repair and Drydoc request to rezone property generally located at 610 Harbor St., 1705 E Adamo Dr., 1616 & 1625 Penny St, 1026 North 19th Street, 608 North 19th St., 1821 East Sahlman Drive, Units 101 and 102 and Folio Number 190093-2106 from PD, CD-2 & IH to PD-A & CD-2 (Residential Multi-Family & All CI Uses). LaChone Dock, Zoning Supervisor, approached and presented on behalf of the City; Danny Collins, Planning Commission, approached and presented staff report. Tyler Hudson, Alex Schaler, Ricky Peterika, Daryl Shaw, applicant’s representative, approached and presented on said public hearing. The following individual appeared before Council to make comments:  Joe Robinson  Tatiana Morales Motion: (Clendenin-Viera) That said public hearing be closed. Motion carried unanimously. (Ordinance being presented for first reading consideration) - An ordinance rezoning property in the general vicinity of 610 Harbor Street, 1705 East Adamo Drive, 1616 And 1625 East Penny Street, 608 and 1026 North 19th Street, 1821 East Sahlman Drive, Units 101 and 102, and Folio Number 190093-2106, in the City of Tampa, Florida, and more particularly described in Section 1, from Zoning District Classification(s) PD (Planned Development), CD-2 (Channel District-2) and IH (Industrial Heavy) to PD-A (Planned Development, Alternative) and CD-2 (Channel District-2), (Residential, Multi-Family And All Commercial Intensive Uses); providing an effective date. Motion: (Viera-Miranda) That said ordinance be approved on first reading by title only and published. The title of said ordinance was read in full. To include the revision sheet with additional conditions. Motion carried unanimously. (Second reading and adoption to be held on May 2, 2024, at 9:30 a.m.) Resolution approving a bonus provision agreement between Banana Docks, LLC and the City of Tampa, in relation to REZ-23- 34 for the property located at 610 Harbor Street, 1705 East Adamo Drive, 1616 and 1625 East Penny Street, 1026 North 19th Street, 608 North 19th Street, 1821 East Sahlman Drive, Units 101 and 102, and Folio Number 190093-2106; authorizing the execution thereof by the Mayor of the City of Tampa; providing an effective date. (Said resolution to be adopted after second reading and adoption of ordinance) Motion: (Henderson-Carlson) That the documents submitted by LaChone Dock, be received and filed. Motion carried unanimously. Motion: (Henderson-Carlson) That the documents submitted by Tyler Hudson, be received and filed. Motion carried unanimously.  Page 6 5. File No. DA24-3934 Public Hearing relating to the Ybor Harbor Development Agreement between the City of Tampa and Banana Docks, LLC, relating to the property generally located to the east of Channelside Drive, to the south of the Lee Roy Selmon Expressway, to the west of 19th Street, and to the north of East Harbor Street and New Sahlman Drive; Providing for two notices of intent to consider said agreement; Providing for an effective date. (Motion adopting resolution to schedule said public hearing initiated by Miranda-Clendenin on March 28, 2024) Rebecca Johns, City Attorney, approached and presented on behalf of the City. The following individual appeared before Council to make comments:  Joe Robinson Motion: (Clendenin-Viera) That said public hearing be closed. Motion carried unanimously. Resolution approving the Ybor Harbor Development Agreement between the City of Tampa and Banana Docks, LLC, relating to the property generally located to the East of Channelside Drive, to the South of the Lee Roy Selmon Expressway, to the West of 19th Street, and to the North of East Harbor Street and New Sahlman Drive, Tampa, Florida; authorizing the execution thereof by the Mayor of The City Of Tampa; providing an effective date. (Said resolution to be adopted after second public hearing) (Second public hearing to be held on May 2, 2024, at 10:30 a.m.) 6. File No. REZ-23-39 (Ord. approved on 1st reading- Henderson, Clendenin & Maniscalco no) Public Hearing on application of Global Engineering request to rezone property generally located at 5309 and 5311 East Columbus Drive from RM-16 to PD (Storefront Residential/All CG Uses). Sam Thomas, Urban Planner II, approached and presented on behalf of the City; Danny Collins, Planning Commission, approached and presented staff report; Erin Maehr – Forester Examiner, appeared and answered questions. Stephen Michelini, applicant’s representative, approached and presented on said public hearing. The following individual appeared before Council to make comments:  Joy Blocker  Kevin Anderson  Henry Heffner  Christina Valdez  Tatiana Morales Motion: (Viera-Henderson) That said public hearing be closed. Motion carried unanimously.  Page 7 (Ordinance being presented for first reading consideration) - An ordinance rezoning property in the general vicinity of 5309 and 5311 East Columbus Drive, in the City of Tampa, Florida, and more particularly described in Section 1, from Zoning District Classification(S) RM-16 (Residential, Multi-Family) to PD (Planned Development, Storefront Residential and All Commercial General Uses); providing an effective date. Motion: (Henderson-Clendenin) That Council moves to deny said petition due to the failure of the applicant to meet its burden of proof to provide competent and substantial evidence that the development, as conditioned and shown on the site plan, is consistent with the Comprehensive Plan and City Code and the applicant’s failure to meet its burden of proof with respect to the requested waivers. The competent and substantial evidence found in the staff reports, applicant reports, testimonies support the denial. Failure to comply with Land Development Code Section 27-136; Although the proposed use is appropriate in location, the intensity and design, as depicted in the site plan, is not consistent with the Land Development Code. For example, the proposed reduction in landscape buffer on the south and the west and the request to plant 4 palms in the western buffer is not appropriate given the adjacent single-family use. In addition, the scale and massing are significantly larger and thus not compatible with the surrounding built environment. If the waivers are requested, failure to comply with Section 27-139.4; The desired waivers necessarily support the fact that the proposed development is not appropriate for this site. The applicant did not provide evidence that the proposed design is unique in order to justify the waivers. And the applicant did not provide evidence that the requested waivers will not substantially interfere with the rights of others whose property would be affected by allowance of the waivers. Motion failed by voice roll call vote of 3-4 with Viera, Miranda, Carlson and Hurtak voting no. Motion: (Viera-Miranda) That said ordinance be approved on first reading by title only and published. The title of said ordinance was read in full. To include the revision sheet with additional conditions. Motion carried by voice roll call vote of 4-3 with Henderson, Clendenin and Maniscalco voting no. (Second reading and adoption to be held on May 2, 2024, at 9:30 a.m.) Motion: (Henderson-Carlson) That the documents submitted by Stephen Michelini, be received and filed. Motion carried unanimously. Motion: (Henderson-Carlson) That the documents submitted by Joy Blocker, be received and filed. Motion carried unanimously.  Page 8 7. File No. REZ-23-78 (Ord. approved on 1st reading; UNAN) Public Hearing on application of David Wright request to rezone property generally located at 4212 W North B St from RS-50 to PD (Residential Single Family Semi-Detached). Sam Thomas, Urban Planner II, approached and presented on behalf of the City; Danny Collins, Planning Commission, approached and presented staff report; Erin Maehr – Forester Examiner, appeared and answered questions. David Wright, applicant, approached and was available for questions on said public hearing. Motion: (Clendenin-Henderson) That said public hearing be closed. Motion carried unanimously. (Ordinance being presented for first reading consideration) - An ordinance rezoning property in the general vicinity of 4212 West North B Street, in the City of Tampa, Florida, and more particularly described in Section 1, from Zoning District Classification(s) RS-50 (Residential, Single-Family) to PD (Planned Development, Residential, Single-Family, Semi- Detached); providing an effective date. Motion: (Clendenin-Viera) That said ordinance be approved on first reading by title only and published. The title of said ordinance was read in full. To include the revision sheets. Motion carried unanimously by voice roll call vote of 7-0. (Second reading and adoption to be held on May 2, 2024, at 9:30 a.m.)  Page 9 8. File No. REZ-23-112 (Ord. approved on 1st reading; Carlson, Henderson & Maniscalco no) Public Hearing on application of John Lum request to rezone property generally located at 1324 W Fig Street from RS-50 to RM-18. Sam Thomas, Urban Planner II, approached and presented on behalf of the City; Danny Collins, Planning Commission, approached and presented staff report. Stephen Michelini, applicant’s representative, approached and presented on said public hearing. The following individual appeared before Council to make comments:  Brian Smith  Cynthia Malonie Motion: (Clendenin-Henderson) That said public hearing be closed. Motion carried unanimously. (Ordinance being presented for first reading consideration) - An ordinance rezoning property in the general vicinity of 1324 West Fig Street, in the City of Tampa, Florida, and more particularly described in Section 1, from Zoning District Classification(s) RS-50 (Residential, Single-Family) to RM-18 (Residential, Multi-Family); providing an effective date. Motion: (Hurtak-Viera) That said ordinance be approved on first reading by title only and published. The title of said ordinance was read in full. Motion carried by voice roll call vote of 4-3 with Carlson, Henderson and Maniscalco voting no. (Second reading and adoption to be held on May 2, 2024, at 9:30 a.m.) 9. File No. REZ-23-119 (Ord. approved on 1st reading; UNAN) Public Hearing on application of John Lum request to rezone property generally located at 213 S New Jersey Avenue from RM-16 to PD (Residential Single Family Attached). Sam Thomas, Urban Planner II, approached and presented on behalf of the City; Danny Collins, Planning Commission, appeared and presented staff report. Stephen Michelini, applicant’s representative, approached and presented on said public hearing. Motion: (Hurtak-Viera) That said public hearing be closed. Motion carried unanimously. (Ordinance being presented for first reading consideration) - An ordinance rezoning property in the general vicinity of 213 South New Jersey Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from Zoning District Classification(s) RM-16 (Residential, Multi-Family) to PD (Planned Development, Residential, Single-Family, Attached); providing an effective date. Motion: (Carlson-Viera) That said ordinance be approved on first reading by title only and published. The title of said ordinance was read in full. To include the revision sheet and code references mentioned by applicant. Motion carried unanimously by voice roll call vote of 7-0. (Second reading and adoption to be held on May 2, 2024, at 9:30 a.m.)  Page 10 10. File No. REZ-24-05 (Not heard - Withdrawn) Public Hearing on application of DB MLK LLC request to rezone property generally located at 403, 405, 407, 503, 503 1/2 W Dr Martin Luther King Jr Blvd, 4004 N Ola Ave & 4005 N Lynn Ave from SH-PD & SH-RS to SH-PD (Vehicle Repair Minor). LaChone Dock, Zoning Supervisor, approached and requested that said public hearing be withdrawn at the request of the applicant’s representative. Motion: (Miranda-Henderson) That said public hearing be withdrawn from the agenda. Motion carried unanimously. Email from Tyler Hudson, applicant's representative, requesting that said agenda item be withdrawn. Motion: (Henderson-Carlson) That said email, be received and filed. Motion carried unanimously. 11. File No. REZ-24-11 (Ord. approved on 1st reading; Hurtak & Henderson no) Public Hearing on application of Global Engineering request to rezone property generally located at 4314 W Gray St from RS-50 to PD (Residential Single Family Attached). Sam Thomas, Urban Planner II, approached and presented on behalf of the City; Danny Collins, Planning Commission, appeared and presented staff report. Stephen Michelini, applicant’s representative, approached and presented on said public hearing. Motion: (Clendenin-Viera) That said public hearing be closed. Motion carried unanimously. (Ordinance being presented for first reading consideration) - An ordinance rezoning property in the general vicinity of 4314 West Gray Street, in the City of Tampa, Florida, and more particularly described in Section 1, from Zoning District Classification(s) RS-50 (Residential, Single-Family) to PD (Planned Development, Residential, Single-Family, Attached); providing an effective date. Motion: (Clendenin-Viera) That said ordinance be approved on first reading by title only and published. The title of said ordinance was read in full. To include the revision sheet. Motion carried by voice roll call vote of 5-2 with Hurtak and Henderson voting no. (Second reading and adoption to be held on May 2, 2024, at 9:30 a.m.)  Page 11 12. File No. REZ-24-19 (Ord. approved on 1st reading; UNAN) Public Hearing on application of 809 Equity Group LLC request to rezone property generally located at 803 & 809 W Linebaugh Avenue from RS-60 & PD to PD (Residential Multi-Family). Sam Thomas, Urban Planner II, approached and presented on behalf of the City; Danny Collins, Planning Commission, approached and presented staff report. Todd Pressman, applicant’s representative, approached and made additional comments on said public hearing. Motion: (Clendenin-Henderson) That said public hearing be closed. Motion carried unanimously. (Ordinance being presented for first reading consideration) - An ordinance rezoning property in the general vicinity of 803 and 809 West Linebaugh Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from Zoning District Classification(s) RS- 60 (Residential, Single-Family) and PD (Planned Development) to PD (Planned Development, Residential, Single-Family, Semi-Detached); providing an effective date. Motion: (Miranda-Viera) That said ordinance be approved on first reading by title only and published. The title of said ordinance was read in full. To include the revision sheet. Motion carried unanimously by voice roll call vote of 7-0. (Second reading and adoption to be held on May 2, 2024, at 9:30 a.m.) 13. File No. REZ-23-98 (Not heard; Mis-noticed) Public Hearing on application of Glen Ottley request to rezone property generally located at 5607 N 30th St from RS-50 to RM-18. LaChone Dock, Zoning Supervisor, approached and requested that said public hearing be removed from the agenda. Motion: (Miranda-Henderson) That said public hearing be removed from the agenda. Motion carried unanimously.  Page 12 INFORMATION REPORTS AND NEW BUSINESS BY COUNCIL MEMBERS: 14. File No. CM24-4655 Motion: (Maniscalco-Miranda) That Council be requested to present a commendation on May 2, 2024, under Ceremonial activities and\or Presentations, to David Llanos, Solid Waste driver who assisted a distraught mother in finding her lost child. Showing how our City of Tampa team is committed to public service. Motion carried unanimously. 15. File No. E2024-48 Motion: (Miranda-Clendenin) That Council be requested to present a commendation offsite, to Tiffany Kline and her team for their support and hard work as Occupational Health Nurses for the Tampa Fire Rescue. Motion carried unanimously. 16. File No. E2021-8 CH 11 & 18 Motion: (Viera-Clendenin) That Council moves to reschedule the Tampa Police Department and Tampa Fire Rescue presentations on the annual report on the Public Safety Master Plan from April 18, 2024 to May 16, 2024 under Staff reports and Unfinished Business. Motion carried unanimously. 17. File No. PS24-4503 Motion: (Viera-Miranda) That Council moves to pull OnBase File No. PS24-4503 from the Consent Agenda, set for April 18, 2024, to be heard under Staff reports and Unfinished Business. Motion carried unanimously. 18. File No. E2024-48 Motion: (Viera-Miranda) That Councilmember Viera be requested to present a commendation to Tampa Fire Rescue Captain Eric Conze on his forthcoming retirement; further that said commendation be presented offsite. Motion carried unanimously. 19. File No. CM24-4657 Motion: (Viera-Miranda) That Council discuss Sulphur Springs at the June 27, 2024 workshop session. Motion carried unanimously. 20. File No. CM24-4663 Motion: (Henderson-Viera) That staff be requested to report on May 23, 2024 workshop session, regarding TPA’s Urban Tree Canopy and the Heat Projects plan, with emphasis in East Tampa. Motion carried unanimously.  Page 13 21. File No. E2024-48 Motion: (Henderson-Clendenin) That Staff be requested to provide a report on every organization funded with Social Action Funds. Further; that said organizations be provided with advanced written notification (restatement of policy) that funding is to end on an annual basis, and such funding is subject to approval by City Council on an annual basis. Further; that Staff provide a comprehensive report to Council and the new City Council Budget Analyst and that said report outlines organizations with active agreements and inactive agreements, highlighting organizations in compliance and not in compliance with their agreements, and number of years each organization has received funding from the City of Tampa. Further; that staff provides said report by June 1, 2024. Motion carried unanimously. 22. File No. CM24-4658 Motion: (Henderson-Viera) That Council moves to set a discussion regarding Council salary for the next Council term (effective May 2027), on June 27, 2024, workshop session. Further; that staff will review the salary increase based on a study done during year 2027 to determine the appropriate salary considering the following criteria: cost of living, inflation, and job duties. Motion carried unanimously. 23. File No. CM24-3299 Motion: (Clendenin-Miranda) That Council remove agenda item TA/CPA-24-03 from May 23, 2024. Motion carried unanimously. 24. File No. CM24-4660 Motion: (Carlson-Hurtak) That staff be requested to report on June 20, 2024, under Staff Reports and Unfinished Business, regarding the creation of notice requirements for Live Local applications and to limit or prohibit Live Local access to bonus density and/or City subsidies. Motion carried unanimously. MOTION TO RECEIVE AND FILE ALL DOCUMENTS: Motion: (Henderson-Carlson) That the speaker sign-in sheet presented by Chair Maniscalco, be received and filed. Motion carried unanimously. ADJOURNMENT: There being no further business to come before the Council at this time, Chair Maniscalco adjourned said meeting at 10:42 p.m. on the 11th day of April 2024.  Page 14 DISCLAIMER Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to hire a court reporter to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The Office of the City Clerk does not prepare verbatim transcripts of the proceedings of the City Council. Upon request, a DVD of the actual proceeding is available from the Office of Cable Communication for a fee. Their telephone number is (813) 274-8217. Video recordings of a limited number of more recent City Council Meetings may be viewed under the Quick Link for “Meetings on Demand” on City Council’s webpage at: https://www.tampa.gov/city-council. The closed captioning transcripts for the hearing impaired are also available on the same webpage, under the Quick Link for “Meeting Transcripts.”