Council Evening

Page 1 CITY OF TAMPA Council Evening Thursday, July 25, 2024 5:01 PM PROPOSED EVENING ACTION MINUTES TAMPA CITY COUNCIL CHAMBERS CITY HALL 315 E. Kennedy Blvd., 3rd Floor Tampa, FL 33602 TAMPA, FLORIDA 33602 The City Council of the City of Tampa, Florida convened in an evening session at 5:04 p.m. on the 25th day of July 2024 with Guido Maniscalco, Chair, presiding. Members present upon roll call were: Carlson, Hurtak, Clendenin, Henderson, Viera, Miranda, and Maniscalco constituting a quorum. Martin Shelby, Council Attorney was in attendance. The minutes were recorded and prepared by Jazmean Afanador, City Clerk Support Technician/ Office of the City Clerk, recording secretary for these proceedings. Motion: (Henderson-Miranda) That Council moves to open all public hearings. Motion carried unanimously with Carlson being absent at vote. Motion: (Miranda-Clendenin) That Council moves to hear agenda item 1 after agenda item 9. Motion carried unanimously.  Page 2 5:01 P.M. – PUBLIC HEARINGS - (ITEMS 1 THROUGH 2) - (Non-Quasi-judicial proceedings) 1. File No. DA24-6490 (To be heard after agenda item 9, File No. REZ-24-50) Public Hearing relating to the development agreement between the City of Tampa and Robles Park, LLC, Open Space Acquisitions, LLC and Robles Park Village Development Group, LLC relating to the property located at 3814 N. Central Avenue, 3601 N. Central Avenue and 501 E. Lake Avenue, Tampa, Florida; 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 Clendenin-Henderson on June 20, 2024) Rebecca Johns, Assistant City Attorney III, approached and presented on behalf of the City. Jake Cremer, applicant’s representative, approached and presented on said public hearing. Motion: (Clendenin-Miranda) That said public hearing be closed. Motion carried unanimously with Henderson being absent at vote. Resolution approving a Development Agreement between Robles Park, LLC, Open Space Acquisitions, LLC, Robles Park Village Development Group, LLC and the City of Tampa, relating to the property located at 3814 N. Central Avenue, 3601 N. Central Avenue and 501 E. Lake Avenue, 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 and adoption to be held on August 22, 2024, at 10:30 a.m.) 2. File No. TA/CPA 23-20 (Not heard - Withdrawn) (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 8300 North Albany Avenue and 2109 West Juneau Street, from Residential-10 (R-10) to Community Mixed Use-35 (CMU-35); Providing for repeal of all ordinances in conflict; Providing for severability; Providing an effective date. (Continued from February 22, 2024) Eric Cotton, Development Coordination Manager, appeared and requested that said public hearing be withdrawn at the request of the applicant’s representative. Motion: (Henderson-Viera) That said public hearing be withdrawn from the agenda. Motion carried unanimously. Email from Todd Pressman, applicant's representative, requesting that said agenda item be withdrawn. Motion: (Miranda-Viera) That said email, be received and filed. Motion carried unanimously.  Page 3 5:01 P.M. – PUBLIC HEARINGS - (ITEMS 3 THROUGH 11) – (Quasi-judicial proceedings require witness to be sworn in prior to testifying pursuant to Resolution No. 2004-667) 3. File No. SU2-24-01 (Ord. approved on 1st reading- Hurtak no) Public Hearing on application of K2 TPA Office LLC for property generally located at 610 E. Zack Street special use request for Air Conditioned Storage. Eric Cotton, Development Coordination Manager, approached and presented on behalf of the City; Emily Phelan, Planning Commission, approached and presented staff report. Truett Gardner, Esq., Addie Clark, applicant’s representatives, approached and presented on said public hearing. Motion: (Hurtak-Miranda) That said public hearing be closed. Motion carried unanimously. (Ordinance being presented for first reading consideration) - An ordinance approving a Special Use Permit (SU-2); Approving Air Conditioned Storage in a CBD-1 (Central Business District) Zoning District in the general vicinity of 610 East Zack Street, in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. Motion: (Hurtak) 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 in the record that the rezoning is consistent with the Comprehensive Plan and the City Code. Further, adopting the findings and reasoning of the City staff report. The proposed rezoning does not meet the definition of ‘compatibility’ with the surrounding property or is a public necessity. This use does not conform with the Comprehensive Plan. Further, that this use will establish yet another president to encourage more of this type of development in the surrounding area. Motion failed due to lack of a second. Motion: (Miranda-Viera) That said public hearing be reopened. Motion carried unanimously. Motion: (Hurtak-Carlson) 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; Further, based on the written record and testimony from the hearing, it has been established that the applicant complies with the goals, objectives, and policies of the comprehensive plan. The proposed development will ensure public health, safety, and general welfare when operated according to the submitted plans. The use is compatible with the surrounding properties and is a public necessity. It conforms to the Comprehensive Plan and will not set a precedent for more intensive or incompatible uses in the area. Consideration has been given to parking, loading, refuse, service areas, utilities, drainage, and controlling potential adverse impacts. To include the revision sheet, waiver and all the stipulations the applicant put on the record. Motion carried by voice roll call vote of 6-1 with Hurtak voting no. (Second reading  Page 4 and adoption to be held on August 22, 2024, at 10:00 a.m.) 4. File No. REZ-23-98 (Ord. approved on 1st reading- UNAN) Public Hearing on application of Glen Ottley request to rezone property generally located at 5607 N. 30th Street from RS-50 to RM-18. Eric Cotton, Development Coordination Manager, approached and presented on behalf of the City; Emily Phelan, Planning Commission, approached and presented staff report. Glen Ottley, applicant, 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 5607 North 30th 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: (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. Motion carried unanimously by voice roll call vote of 7-0. (Second reading and adoption to be held on August 22, 2024, at 10:00 a.m.) 5. File No. REZ-24-12 (Ord. approved on 1st reading- Hurtak no) Public Hearing on application of Dontavious Pittman request to rezone property generally located at 6718 N. Rome Avenue from RS-50 to PD (Residential Single Family Attached). Eric Cotton, Development Coordination Manager, approached and presented on behalf of the City; Emily Phelan, Planning Commission, approached and presented staff report. Erin Maehr, Forester Examiner, approached and answered questions. Kevin Johnson, applicant’s representative, approached and presented on said public hearing. The following individuals appeared before Council to make comments:  Frank Greco  Matt Peavyhouse  Chris Macron  Hank Cremer  Mike Addison  Alison Date Kevin Johnson, applicant’s representative, approached for rebuttal. Motion: (Viera-Clendenin) 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 6718 North Rome Avenue, in the City of Tampa, Florida,  Page 5 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; the applicant has demonstrated, through competent and substantial evidence, that the proposed development, as conditioned and depicted on the site plan, is consistent with the Comprehensive Plan and City Code. The requested waivers do not negatively impact public health, safety, or general welfare; based on the written record and testimony received during the hearing, the applicant has shown compliance with the relevant goals, objectives, and policies in the Comprehensive Plan. The development plan, including natural resource conservation, tree retention, and a reduction in scale from the previous submission, complies with the Planned Development Standards (Sections 27.136.1, 27.136.2, and 27.136.6). The requested waivers meet the waiver standards outlined in Sections 27.139.4.1 and 27.139.4.2. To include the revision sheet and waivers. Motion carried by voice roll call vote of 6-1 with Hurtak voting no. (Second reading and adoption to be held on August 22, 2024, at 10:00 a.m.) 6. File No. REZ-24-21 (Not heard - Withdrawn) Public Hearing on application of Global Engineering request to rezone property generally located at 2109, 2111 and 2113 West North A Street from RM-16 to PD (Residential Single Family Attached). Eric Cotton, Development Coordination Manager, approached and requested that said public hearing be withdrawn at the request of the applicant’s representative. Motion: (Miranda-Viera) That said public hearing be withdrawn from the agenda. Motion carried unanimously. Email from John Lum, applicant's representative, requesting that said agenda item be withdrawn. Motion: (Miranda-Viera) That said email, be received and filed. Motion carried unanimously.  Page 6 7. File No. REZ-24-32 (Ord. approved on 1st reading- UNAN;Henderson absent at vote) Public Hearing on application of Todd Pressman request to rezone property generally located at 2306 N. 43rd Street from RM-16 to CI. Eric Cotton, Development Coordination Manager, approached and presented on behalf of the City; Emily Phelan, Planning Commission, approached and presented staff report. Todd Pressman, applicant’s representative, approached and presented on said public hearing. Motion: (Clendenin-Miranda) That said public hearing be closed. Motion carried unanimously with Henderson being absent at vote. (Ordinance being presented for first reading consideration) - An ordinance rezoning property in the general vicinity of 2306 North 43rd Street, in the City of Tampa, Florida, and more particularly described in Section 1, from Zoning District Classification(s) RM-16 (Residential, Multi-Family) to CI (Commercial Intensive); providing an effective date. Motion: (Hurtak-Clendenin) 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 with Henderson being absent at vote. (Second reading and adoption to be held on August 22, 2024, at 10:00 a.m.) 8. File No. REZ-24-44 (Ord. approved on 1st reading- UNAN;Henderson absent at vote) Public Hearing on application of Laurel Street Commerce Center Condo Assn request to rezone property generally located at 5402 Laurel Street from PD to PD (Business Professional Office, Warehouse and Hotel). Eric Cotton, Development Coordination Manager, approached and presented on behalf of the City; Emily Phelan, Planning Commission, approached and presented staff report. Truett Gardner, Esq., Addie Clark, applicant’s representatives, approached and presented on said public hearing. Motion: (Clendenin-Viera) That said public hearing be closed. Motion carried unanimously with Henderson absent at vote. (Ordinance being presented for first reading consideration) - An ordinance rezoning property in the general vicinity of 5402 Laurel Street and Folio Numbers 112485-0177 and 112445-0010, in the City of Tampa, Florida, and more particularly described in Section 1, from Zoning District Classification(s) PD (Planned Development) to PD (Planned Development, Business/Professional Office, Warehouse, Hotel); providing an effective date. Motion: (Carlson-Clendenin) 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 with Henderson being absent at vote. (Second reading and adoption to be held on August 22, 2024, at 10:00 a.m.)  Page 7 9. File No. REZ-24-50 (To be heard with agenda item 1, File No. DA24-6490) (Ord. approved on 1st reading- UNAN;Henderson absent at vote) Public Hearing on application of Dan Coakley request to rezone property generally located at 3601, 3814 N. Central Ave. & 501 E. Lake Ave. from RM-24, CI, RM-16, CG to PD-A (Mixed Use Residential & Commercial Uses). Eric Cotton, Development Coordination Manager; Erin Maehr, Forester Examiner, approached and presented on behalf of the City; Emily Phelan, Planning Commission, approached and presented staff report. Jake Cremer, Dan Coakley, David Smith, applicant’s representative, approached and presented on said public hearing. The following individuals appeared before Council to make comments:  Reba Aimen  Emanuel Leto  William Sessions Jake Cremer and David Smith, applicant’s representatives, approached for rebuttal. Motion: (Miranda-Clendenin) That said public hearing be closed. Motion carried unanimously with Henderson being absent at vote. (Ordinance being presented for first reading consideration) - An ordinance rezoning property in the general vicinity of 3601 and 3814 North Central Avenue and 501 East Lake Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from Zoning District Classification(s) RM-16 (Residential, Multi-Family), RM-24 (Residential, Multi- Family), CI (Commercial Intensive) and CG (Commercial General) to PD-A (Planned Development Alternative, Residential, Single-Family Attached and Multi-Family, Storefront Residential Office, Personal Services, Retail Bakery, Pharmacy, Bank, Medical and Business Professional Office, Medical Clinic, Cemetery, Daycare and Nursery, Vocational and Business School, Private Recreational Facility Indoor, Clubs, Place of Assembly, Community Garden Private, Place of Religious Assembly, Restaurant); 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 with Henderson being absent at vote. (Second reading and adoption to be held on August 22, 2024, at 10:00 a.m.) Resolution approving a Bonus Provision Agreement between the City of Tampa, Robles Park, LLC, Open Space Acquisitions, LLC and Robles Park Village Development Group, LLC, in relation to REZ-24-50 for the property located at 3601 and 3814 North Central Avenue and 501 East Lake Avenue; 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)  Page 8 10. File No. REZ-24-14 (Not heard; Mis-noticed) Public Hearing on application of Alex Rios request to rezone property generally located at 2539 W. Cherry Street from RM-16 to PD (Residential Single Family Semi-Detached). Eric Cotton, Development Coordination Manager, approached and requested that said public hearing be removed from the agenda. Motion: (Miranda-Clendenin) That said public hearing be removed from the agenda. Motion carried unanimously. 11. File No. REZ-24-15 (Not heard; Mis-noticed) Public Hearing on application of Alex Rios request to rezone property generally located at 2007 E. Davis Street from RM-16 to PD (Residential Single Family Semi-Detached). Eric Cotton, Development Coordination Manager, approached and requested that said public hearing be removed from the agenda. Motion: (Clendenin-Viera) That said public hearing be removed from the agenda. Motion carried unanimously. INFORMATION REPORTS AND NEW BUSINESS BY COUNCIL MEMBERS: 12. File No. E2024-48 Motion: (Viera-Miranda) That Council be requested to present a commendation to the Cemetery Society organization; further, that said presentation be scheduled at a future date and presented off-site. Motion carried unanimously with Henderson being absent at vote. 13. File No. CM24-7650 Motion: (Clendenin-Miranda) That Staff be requested to provide a recurring quarterly written report about planned, started and completed sidewalk construction during that quarter, and the total cost of those projects, on October 3, 2024, under Written Staff Reports. Motion carried unanimously with Henderson being absent at vote. 14. File No. CM23-1802 Motion: (Clendenin-Viera) That the motion “Staff to report on what it would take to create a process to accommodate vendors on the Riverwalk, outside of special events.”, scheduled for August 22, 2024, be moved from Staff Reports to Written Staff Reports. After Council has had an opportunity to review the report, Council intends to schedule a discussion about the recommendation and how to move the discussion forward. Motion carried unanimously with Henderson being absent at vote. 15. File No. CM24-7649 Motion: (Clendenin-Miranda) That Tampa Bay Regional Planning Council appear and present a 10-minute presentation to Council about their organization, and what services they can provide to the City of Tampa on September 19, 2024, under Commendations and\or Presentations. Motion carried unanimously with Henderson being absent at vote.  Page 9 16. File No. CM24-7532 Motion: (Hurtak-Viera) That the motion “That Real Estate and the Housing Department be requested to provide a written report on January 16, 2025 under Written Staff Reports regarding certain properties that have been identified in order to determine whether they are eligible and appropriate for foreclosure and considered for redevelopment as affordable housing.”, be rescheduled from January 16, 2025, to January 9, 2025, under Written Staff Reports. Motion carried unanimously with Henderson being absent at vote. MOTION TO RECEIVE AND FILE ALL DOCUMENTS: 17. Motion: (Miranda-Viera) That the speaker sign-in sheet presented by Chair Maniscalco, be received and filed. Motion carried unanimously with Henderson being absent at vote. ADJOURNMENT: There being no further business to come before the Council at this time, Chair Maniscalco adjourned said meeting at 7:48 p.m. on the 25th day of July 2024. 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.”