Evening Session — October 8, 2026 FINAL

Alan Clendenin

5:02:34PM Good evening, everybody. Welcome to "monsoon Thursday" in the City of Tampa, Florida, Tampa City Council. I would like to call this meeting to order and ask the clerk to call the roll, please.

Charlie Miranda

5:02:45PM Here.

Guido Maniscalco

5:02:46PM Here.

Lynn Hurtak

5:02:46PM Here. Viera?

Luis Viera

5:02:49PM Here.

Bill Carlson

5:02:50PM Here.

Alan Clendenin

5:02:51PM Here.

The clerk

5:02:52PM We have a physical quorum.

Alan Clendenin

5:02:54PM Thank you very much. Let's start off with clearing the agenda. Yes, sir. For the record, Christopher Demanche, Development Coordination. We do have two items to clear from the agenda this evening. The first is item 11, file rez 26-36. This item needs to be continued to the January 14, 2027 hearing.

Martin Shelby

5:03:13PM If I can --

Alan Clendenin

5:03:15PM What?

Martin Shelby

5:03:15PM This one is a continued public hearing, which means there's been a previous continuance, is that correct?

Christopher Demanche

5:03:20PM This item was continued at the June 11, 2026 hearing. It was continued for tonight. The applicant had agreed to notice. They did not notice for this meeting. So we're essentially pushing that to the January hearing as a result of them not formally noticing to surrounding properties.

Martin Shelby

5:03:39PM Item 11 then. Item 11?

Christopher Demanche

5:03:43PM Item 11, correct.

Alan Clendenin

5:03:48PM Do you have a problem with that?

Martin Shelby

5:03:50PM No, it has to be renoticed. Do you have a date, time, and place already?

Christopher Demanche

5:03:55PM We're asking for it to be continued to January 14, 2027.

Charlie Miranda

5:03:58PM So moved.

Guido Maniscalco

5:04:01PM Second.

Alan Clendenin

5:04:02PM I know I had one -- I'll take the low-hanging fruit. Councilwoman Hurtak.

Lynn Hurtak

5:04:06PM At 315 East Kennedy Boulevard, third floor, Tampa, Florida, 33602.

Alan Clendenin

5:04:11PM Motion from Councilman Miranda. Second from Councilman Maniscalco with the addendum on the place, time and location with the renotice. All those in favor say aye. Aye. Opposed? Ayes have it. Item 11 will not be heard tonight. January 14 at 5:01 p.m. anything else?

Christopher Demanche

5:04:27PM Item 12, file rez 26-79. This needs to be removed from tonight's agenda.

Alan Clendenin

5:04:33PM Can I get a motion?

Christopher Demanche

5:04:35PM Misnotice.

Alan Clendenin

5:04:36PM Motion from Miranda to remove 12. Second from Maniscalco. All in favor, aye. Opposed? Ayes have it. Anything else? That's it. Motion to approve the agenda? I have a motion from Councilwoman Hurtak. A second from Councilman Miranda. All those in favor say aye. Opposed? Ayes have it.

Lynn Hurtak

5:04:50PM Motion to open the public hearing.

Alan Clendenin

5:04:51PM Thank you. Motion to open the public hearings from Councilwoman Hurtak. Second from Councilman Miranda. All those in favor say aye. Opposed? Ayes have it. Councilwoman Hurtak.

Lynn Hurtak

5:04:58PM I'm just going to make this announcement because this is what I have to do Thursday nights. Because of my cancer treatment on Wednesday, I start to get a little tired. I actually have a tv in the back where I can go lay down and watch. If I leave, I am still watching and paying attention. And I will be in here to vote. If you are a petitioner who has an issue with that, please let me know at the beginning of the case and I will stay. Thank you.

Alan Clendenin

5:05:24PM Very good. Let the record show that Councilwoman Young is with us. We have a full dais this evening. We'll move on to item number 1.

Christopher Demanche

5:05:31PM Thank you, Mr. Chairman.

Alan Clendenin

5:05:32PM Actually, let's stop there. Quasi-judicial. Let's go ahead and get everybody sworn in. If you are here tonight to speak to any of the agenda items, please stand, raise your right hand and be sworn in by our clerk. [Oath administered]

5:05:53PM Thank you very much. Christopher?

Christopher Demanche

5:05:56PM Again, for the record, Christopher Demanche, Development Coordination. Agenda item number 1 is rez 26-60. This is a request to rezone 1605 Waters Court from YC 2 to YC 9 for residential multiple family uses. Before I hand it over to the Planning Commission, I do want to pass out an updated revision sheet. The applicant had an item they wanted to address relating to the setbacks. That would be the bullet item second from the bottom.

Alan Clendenin

5:06:30PM Could you tell us kind of in a nutshell what that is?

Christopher Demanche

5:06:36PM Basically, they are adjusting a reference to setbacks when the building has five stories. So they want to remove the reference to having 18-foot minimum setback for the north and east setbacks, if there is a proposed five stories. I'll hand it over now to Planning Commission.

Quinn Steele

5:07:07PM Good evening. Quinn Steele, Planning Commission staff. This site is within the central Tampa Planning district, the Historic Ybor neighborhood and the central park urban village and CRA as well as the Ybor City local historic district in evacuation zone e. The subject site is outlined in purple. The surrounding area contains a mix of multifamily residential, commercial, and public uses, including booker t. Washington elementary school and Robert w. Saunders senior public library to the south. The site also fronts east 7th avenue and is near transit along East Henderson Avenue. This map shows the site designated as community mixed use 35, although UMU 60 is proposed through ta/cpa 26-01, which is scheduled for second reading and adoption next week on October 15. This rezoning request is contingent upon the approval of the plan amendment for UMU 60. The CMU designation surrounds the site on all sides. There's rmu 100 and UMU 60 to the southeast associated with gasworx over here as well to the southwest associated with encore. There is additional UMU 60 further west along east 7th avenue. The request is to rezone from YC 2 to YC 9 to allow approximately 420,000 square feet of multifamily development at a proposed 2.9 far. This is consistent with the intensity anticipated under the proposed UMU 60 designation. Planning Commission staff reviewed the proposal and found it compatible with the surrounding development pattern, including the gasworx and encore developments. The project provides sidewalks, shade trees, bicycle parking and walk-up units with residential entrances oriented towards the right-of-way. Staff is requesting that the primary building entrances be clearly labeled in the site plan between first and second reading. Overall, the proposal would provide multifamily infill on an underutilized site within the central park urban village near transit employment and community services and is consistent with the comprehensive plan. That concludes my presentation and I'm available for any questions.

Alan Clendenin

5:09:00PM Thank you. Does council have any questions? Hearing none. Coordination. We'll start with an aerial of the subject site which is outlined in red. The subject property encompasses a large majority of the subject block. It has street frontage along East Henderson Avenue, east 7th avenue, East Scott Street, and East Estelle Street. Surrounding uses include a restaurant use on the north or the southwest corner of the intersection of East Scott Street and east 7th avenue. There's also an office -- Business Professional Office use to the north, retail and restaurant uses northeast of the subject site. Looking east of the subject site is a vacant parcel. Southeast of the subject site, we do have the gasworx development. South of the subject site, we have booker t. Washington elementary school and immediately west of the subject site we do have a Place of Religious Assembly zoned YC 2 and, of course, we have a drive-in restaurant zoned YC 5 to the immediate west as well. The site plan provided by the applicant proposes to redevelop the subject property with a single structure approximately five stories, maximum of 60 feet in height for multiple family development, approximately 330 units are proposed. Looking specifically at the site plan itself, the applicant proposes an internal parking garage providing 400 parking spaces. The access for the parking garage is along east Henderson. Additionally, there's on-street parking along east Henderson, East Scott Street, and East Estelle Street. There is a separate entrance for loading docks and Solid Waste in the southwest corner of the subject property along East Estelle Street. And there are ground walk-up units along both East Estelle Street and East Henderson Avenue. Two internal courtyards are also shown on the site plan. Next we have elevations. Max site -- height proposed is 60 feet. We have our north, west, and northwest elevations. Next we have the southeast, east, and south elevations. There are two waivers requested with this application. The first is to section 27-283. This is to reduce the required number of loading berths from four to two. Also a second waiver to section 27-283, to allow two loading spaces measuring approximately 12 feet by 30 feet. We do have some photos to show. Photo of the subject property. This is a view from east Henderson. This is a view from east Scott. The view from east estelle. This is the restaurant immediately north of the subject site on east 7th. Across the street on east 7th. Looking northwest. South of the subject site, this is booker t. Washington. Looking southeast this is project part of the gasworx. West of the subject site. One additional use west of the subject site. Development review and compliance staff has reviewed the petition. We do find the request inconsistent with the applicable City of Tampa land development regulations. Should it be the pleasure of City Council to approve this application and the waivers provided in this presentation, further modifications to the site plan must be completed between first and second reading. These revisions will not resolve the issue of transportation's inconsistent finding. I do also want to note that the subject property is located within the Ybor City historic district. The application required recommendation from the Barrio Latino Commission. The BLC heard the case on July 28, 2026, and did recommend approval as presented at that public hearing. I'm available for any questions.

5:14:10PM Does council have any questions? Hearing none. Applicant? The BLC did hear this and recommend approval, but I did want to correct and make one comment. Based on the BLC's conditions, building height is to be held to a 45-foot datum line. Any additional height shall be held to one story with a setback of 20 feet from 7th avenue. So it does not have the massing of a 60-foot building. Massing and building form shall require breaking the length of the building, including the top floor. The setbacks, orientation, and site coverage, particularly addressing any long facades shall be broken up into segments. Finally, if City Council determines that the rezoning request from YC 2 to YC 9 should be approved, a note shall be added to the request that would allow for the BLC the ability to adjust the setbacks and heights of the structure by up to 10% for each elevation during the certificate of appropriateness process. Thank you.

5:15:37PM Question. Maybe this would go back to Christopher. With the revised revision sheet, how does this fit or work with the barrio's recommendation and what's on the revised revision sheet?

Christopher Demanche

5:15:51PM Development Coordination. With regard to the revision sheet, we did note on the last bullet point under Development Coordination where we do reference part of the recommendation related to the max building height that was recommended by the BLC. That bullet point states on the site data table, update proposed north setback along 7th avenue for the fifth floor to reflect a 20-foot minimum setback from the property line. And that's in reference to what was in the recommendations overall from the BLC. The site plan I believe shows 18-foot setback.

Alan Clendenin

5:16:32PM That revision will be done between first and second.

Christopher Demanche

5:16:36PM Correct. Correcting 18 to reference 20-foot in the recommendation.

Lynn Hurtak

5:16:40PM But the last bullet is not in there. The one that the BLC, the ability to adjust the setbacks, that's not in this.

Christopher Demanche

5:16:51PM Oh, yes, that is in there. In parentheses, we do have that portion of the Barrio Latino Commission recommendation. Does say building height to be held at 45-foot datum.

Lynn Hurtak

5:17:05PM No, that's not what I'm asking. I'm asking about the last bullet.

Alan Clendenin

5:17:08PM About the YC 2 to YC 9 and then --

Christopher Demanche

5:17:12PM That's not referenced in that particular bullet point in the revision sheet, however it is referenced in the staff report. We included the BLC recommendation overall in the staff report.

Lynn Hurtak

5:17:24PM So we would have to add that separately.

Christopher Demanche

5:17:27PM Correct. You would have to incorporate the BLC overall recommendation into your motion. We reference it in the staff report, and then where we work with the applicant to correct the setback for that portion of the north setback along east 7th, we adjusted that and then referenced that one section of the overall recommendation from the BLC.

Lynn Hurtak

5:17:51PM Could we get a copy of that memorandum so if we needed to -- yeah, if we need to make it part of the motion, we could do that?

Christopher Demanche

5:18:02PM Sure.

Alan Clendenin

5:18:06PM Get us a hard copy of it.

Lynn Hurtak

5:18:08PM If each of us could get a copy of the memorandum you are holding.

Christopher Demanche

5:18:13PM It was included in the staff report, the packet. The memorandum.

Lynn Hurtak

5:18:18PM Yeah, not all of us have copies of the staff report. If we could, who is working for you tonight?

Alan Clendenin

5:18:25PM Sebastian or darlene.

Lynn Hurtak

5:18:27PM Maybe Sebastian or darlene can come and make copies for us.

Alan Clendenin

5:18:31PM Yes. Very good. We'll move on to the applicant now. Applicant, if you could address the issues during your presentation. The applicant. Hopefully I'll address the one confusing part first and then the rest will be pretty straightforward. On the setback issue, when we presented in front of the Barrio Latino Commission on both the comp plan amendment and the rezoning, we did show a lot of the designs. I think we actually got ahead of ourselves since hopefully we'll be going back to the Barrio Latino Commission for certificate of appropriateness. But I think actually it was a helpful conversation because it elicited from them where they wanted enhancements in the sidewalk, which we really wanted to make it walkable as possible, and then for it not to feel like a sheer 60-foot building. So where the setbacks would be, and so the revision sheet that Christopher has proposed basically is the summary of where we ended up with the Barrio Latino Commission, hopefully getting ahead ourselves but hopefully making our certificate of appropriateness easy. We're fine with all those, including the reference to the 10%.

5:19:43PM Very good. It is a very thoughtful design that we have discussed with any and everybody.

5:19:54PM Cttv, could we get the presentation on the monitor? City. And our journey started with Planning Commission where we received unanimous recommendation to the Barrio Latino Commission, received unanimous recommendation on the rezoning, which is what's presented to you tonight. We were last in front of you two weeks ago on the comp plan amendment and then here for you tonight on the rezoning. Should things go well tonight, we'll be back in front of you next week for second reading on the comp plan amendment and second reading on the rezoning which then sends us back to the Barrio Latino Commission for the certificate of appropriateness on the design where all the issues will be folded in. From staff standpoint, we have positive recommendations from all except for technical waiver on transportation, which is the waiver request. And Megan smith will go over that. Councilwoman Hurtak, you mentioned at the Planning Commission hearing -- sorry, comp plan amendment hearing last week on the bike lanes, we have looked into that. We've been talking to mobility on that. Megan has a view of that she'd like to present as well. And then ricky de camps is here, the developer, and would like to present a little bit on the design well. Happy to answer any questions you may have.

5:21:22PM Council have any questions? Okay. Go ahead. Behalf of Gardner brewer Hudson. In terms of two waivers, as Chris mentioned, we have one regarding the number of loading berths. Taking it from four to two and proposing two 12 by 30 loading spaces. The development team feels like with their experience in multifamily that this will fit the needs of the community and really help logistics go through appropriately and not use up valuable space within the development. And then in terms of the transportation, Councilwoman Hurtak, you pointed out, I left off the bike racks the last time. I have those added in. Hartline 9 running north and of South Nebraska Avenue. TECO streetcar from ybor down to downtown and then the City of Tampa bike routes on 7th avenue and then the new one going in on Nuccio Parkway. The development is also proposing to do more than the required bike parking and also having a workshop space to really help make it a bicycle friendly, pedestrian friendly environment overall. With that, any questions, happy to answer them. I'll pass it over to ricky de camps.

5:22:35PM Councilwoman Hurtak.

Lynn Hurtak

5:22:35PM What about spaces for delivery vehicles? Like amazon specifically and fedex, all those types? Are you proposing they use the loading berth or will they have a specific spot? I know in past projects they actually go into a main hub and come in a bulk instead of the off and on process. Makes it more seamless, doesn't use up valuable loading space and gets them in and gets them out. When they did the on-site delivery, comes in a smaller vehicle and can utilize the parking garage structure so that way it's not blocking any right-of-way.

5:23:13PM Similar to a door dash, or what -- ricky de camps. I represent the applicant, developer for the project. Council member Hurtak, it's kind of like a delivery version of door dash, essentially, it can go to a central location and that resident can then identify when they want their package delivered.

5:23:43PM I'm talking about uber eats, I'm talking about food.

5:23:49PM That's not something you can bulk. Yeah, what we have is on-street parallel parking that can be designated -- well, it's on street parallel parking in the right-of-way. We can try to work with the city and Transportation Department do some 15 minute commercial parking which obviously we don't have any control but we would be building it for the city and would work with the Transportation Department to do that.

5:24:15PM Yeah, I think that would be -- as we get more of the multifamily developments, we really have to be thinking about that sort of stuff. I don't think that should be any problem with the mobility team putting something like that for deliveries.

5:24:29PM Yeah, special signage. Just something, because it's not just the future. It's the now.

5:24:37PM Yeah, exactly. We don't want people double parking, getting parking in bike lanes, things like that. Appreciate it. Pretty soon, I was in miami recently and it is the mobile robots with the coolers in them that are all over the right-of-way. We'll be finding parking for them, too, in the future. I want to number one, tell you guys about kind of what we're doing, how we've taken our approach on this project. Our design team has worked really hard -- initially, we started with the historic preservation, working with the city to make sure that we were ticking and tying as much as we can to maintain the feel of ybor because we're in the historic commission. Obviously, we wanted to create an authentic place. It's really hard to create authentic when you are brand-new but what I'm really proud of is what we have done. You'll notice in some of the renderings how we've incorporated the design standards of ybor as much as possible. We are a five-story building. You'll notice that we are promoting and really just emphasizing the four-story brick, and then trying to mute back our fifth floor as much as possible. One of the things we learned -- our architect is here if you want to ask questions -- but when we presented in front of the historic commission, the barrio Latino, they go, you are set back too much. We actually want you to bring the building more forward, which we did and hence why you saw the last-minute bullet points and why they asked for us to be able to have the flexibility of a certificate of appropriateness to modify that. Going to the next slide, I did want to present you, this is a view of Henderson. One of the things that we mentioned what we really wanted to work on is I have roots to ybor. I have family that's from the Dominican Republic that came here to Tampa to work in the cigar factories many, many years ago. My mom is a Tampa native. And when you think about the neighborhoods that I grew up in or going to in the Dominican Republic or, the little terraces are big and important. What we tried to do was emphasize that walkability. It's intended to be a neighboring, an area where our resident who lives off of Henderson can walk out without feeling like they live in an apartment but more like a walk-up with their own front porch, if you will, which is pretty consistent with what you see in ybor. You'll see here that's kind of the approach we have. I hate renderings because they never do a good job of showing the trees. We've met with the neighborhood groups. We met with a lot of local stakeholders in the community. And trees and I'm a big believer. I just am of shaded pedestrian walkways. These trees, we don't do palm trees. We do live oaks or oak trees because we're encouraging for that shaded activity when the trees mature. Like I said, I'll stop there. Happy to answer any questions you may have. We'll go from there. Thank you.

Alan Clendenin

5:27:55PM Any questions? Hearing none, does that conclude your presentation? Again, happy to answer any questions you may have.

5:28:02PM Anybody in the public wishing to speak to the item? Motion to close from Maniscalco, second from Miranda. All in favor, aye. Opposed? Ayes have it. Councilman Carlson, would you like to read this one?

Bill Carlson

5:28:14PM If council member Hurtak will make the amendment that she suggested.

Alan Clendenin

5:28:19PM I can pitch it to her.

Lynn Hurtak

5:28:23PM I would say I would include all the bullet points in the memorandum from the barrio Latino.

Alan Clendenin

5:28:29PM And the revised revision sheet.

Bill Carlson

5:28:31PM Move rez 26-60, ordinance being presented for first reading consideration, an ordinance rezoning property in the general vicinity of 1605 North Waters Court in the City of Tampa, Florida, more particularly described in section 1 from zoning district classification YC 2, Ybor City historic district residential to YC 9, Ybor City historic district site planned control, residential multifamily providing an effective date, including the revision sheet and the four items in the August 4, 2026 memo from the Barrio Latino Commission.

Alan Clendenin

5:29:07PM I have a motion from Councilman Carlson. Second from Councilman Viera. All those in favor say aye. Opposed? Ayes have it unanimously. Clerk.

The clerk

5:29:15PM Second reading and adoption -- motion carried unanimously. Second reading and adoption will be held on November 5, 2026 At 10 a.m. at old city hall located at 315 East Kennedy Boulevard, third floor, Tampa, Florida, 33602.

Alan Clendenin

5:29:31PM Thank you. Item number 2.

Bria Dixon

5:29:34PM Development Coordination. Agenda item 2 is rez 26-65, request to rezone 4911 east 10th avenue from RM 24 residential multiple family to CI commercial intensive. I'll turn it over to Planning Commission.

Quinn Steele

5:29:55PM Quinn Steele, Planning Commission staff. The site is within the central Tampa Planning district in evacuation zone e. Subject site is outlined in purple and is currently vacant. The surrounding area contains mostly commercial and industrial uses with single-family homes and vacant F.D.O.T. Property to the north and west. This map shows the site designated as CDC 35, community commercial 35 which surrounds the site to the east and west. To the south is light industrial. To the north is CMU 35 and then we have some r-20 to the northwest. The request is rezone from RM 24 to CI which is consistent with the cc-35 designation. Planning Commission staff reviewed the request and found it comparable and compatible with the surrounding area and would provide infill on a vacant site. Future development should provide appropriate buffering from the residential uses adjacent to the site and address pedestrian connectivity. Overall, the request is consistent with the surrounding development pattern in the comprehensive plan. I'm available for any questions.

Alan Clendenin

5:30:52PM Any questions, hearing none, next.

Bria Dixon

5:30:59PM Bria Dixon, Development Coordination. I have an aerial map of the subject property. You can see the subject property here outlined in red. It is just of east South Columbus Drive and west of north 50th street. Here it also has frontage on east 10th avenue, as well as east 8th avenue. To the west, there is a Place of Religious Assembly zoned RM 16. To the north is a vacant parcel also zoned RM 16. To the east is CG as well as a taco bell currently operating as a restaurant. And to the south also have IG, industrial general zoning which is currently a mcdonald's or a restaurant use. I have a survey. Once again, you can see the parcel here. It has frontage again on east 10th, as well as east 8th avenue. Here are some photos. This is the subject property on east 10th avenue. East 8th avenue. Vacant parcel to the north. The restaurant to the east. The restaurant to the south and then the Place of Religious Assembly along the west. Development Coordination and compliance staff have reviewed the application and found the request to be consistent with the City of Tampa land development regulations. I'm available for any questions.

Alan Clendenin

5:32:33PM Council have any questions of Bria? Hearing none. Perfect amount of photos. Not too many, not too much.

Bria Dixon

5:32:40PM Not too many. Got it.

Alan Clendenin

5:32:42PM Applicant? My name is Annie feng. Applicant and authorized agent. This land is a little over half acre. When my husband and I bought it our intention was building a small apartment building. After we hire our engineer and we did some site study and tried to figure out the right layout for the land -- the narrowness and also because it is front on both streets. After we meet all the requirements of the parking and the setback and everything, it's just financial fiscally very difficult for us to do anything on that site. After we consulted with the engineers and also with the staff, we found out we can rezone to CI. Cc-35 future land use designation as well as the Tampa Comprehensive Plan. So therefore we try to find to get rezone again to CI to find a more appropriate use and positive and consistent with the pattern of the surrounding area.

5:34:13PM Thank you. Does council have any questions? Hearing none, anybody in the public wishing to speak to this item? I have a motion to close from Councilman Miranda. A second from Councilman Maniscalco. All those in favor say aye. Opposed? Ayes have it. Councilman Viera, would you like to read item 2?

Luis Viera

5:34:28PM I move an ordinance being presented for first reading consideration, an ordinance rezoning property in the general vicinity of 4911 east 10th avenue, City of Tampa, Florida, more particularly described in section 1 from zoning district classification RM 24, residential multiple family to CI commercial intensive providing an effective date.

Alan Clendenin

5:34:44PM Motion from Councilman Viera. Second from Councilman Miranda. All those in favor say aye. Opposed? Ayes have it. Thank you.

The clerk

5:34:50PM Motion carried unanimously. Second reading and adoption will be held on November 5, 2026 At 10 a.m. at old city hall located at 315 East Kennedy Boulevard, third floor, Tampa, Florida, 33602.

Alan Clendenin

5:35:06PM You got that for second reading? The applicant? Thank you so much.

5:35:12PM Item number 3.

Bria Dixon

5:35:14PM Bria Dixon, Development Coordination. Agenda item 3 is rez 26-74 request to rezone 2009 North Armenia Avenue and 2342 Walnut Street from PD Planned Development to CI commercial general. There was an error on the agenda and staff report that incorrectly lists 2342 west avenue instead of street. I will now turn it over to Planning Commission staff.

Quinn Steele

5:35:42PM Quinn Steele, Planning Commission staff. This site is within the central Tampa Planning district, Old West Tampa neighborhood, West Tampa urban village and evacuation zone e. The subject site is outlined in purple. The surrounding area contains a mix of single-family, multifamily, commercial, and institutional uses. Additionally, at the southwest corner of Armenia and spruce is the historic santaella cigar factory. This map shows the site designated as community commercial 35, which is primarily concentrated along North Armenia Avenue and North Howard Avenue to the east, which are both designated transit emphasis corridors. R-35 is located to the east and r-20 is located further west. Request is to rezone from PD to CG, which is consistent with the cc-35 designation. Planning Commission staff reviewed the request and found it compatible with the surrounding development pattern. The request would allow infill development within the West Tampa urban village and along the transit emphasis corridor supporting commercial opportunities near transit and existing residential uses. Future development should provide appropriate buffering from the residential property to the east and address pedestrian connectivity. Overall, the request will provide compatible infill development within the West Tampa urban village and is consistent with the comprehensive plan. I'm available for any questions.

Alan Clendenin

5:36:51PM Council have any questions? Hearing none.

Bria Dixon

5:36:58PM Bria Dixon, Development Coordination. We'll start with an aerial of the subject property. You can see the subject property here outlined in red. There are two parcels, one to the north, one immediately south. Subject property -- sorry, the subject surrounding zoning of the subject property is RM 16 to the west and north, the south, as well as the east. There are single-family semi detached and detached residences throughout the area, and right here in this RM 24 zoning designation is a residential multiple family development. There is a survey of the property. And this has the frontage on West Walnut Street as well as north Armenia Avenue. 122 feet here and 90 feet here at the north. I also have some photos. Here is that walnut and then north Armenia currently existing. This is the property immediately to the north. This is the alley behind the subject parcels. Single-family detached to the east. Single-family detached to the south. And then the residential multiple family to the west. Development Coordination and compliance staff reviewed the application and find the request to be consistent with the City of Tampa land development regulations. I'm available if you have any questions.

Alan Clendenin

5:38:24PM Any questions? Hearing none, applicant. My name is benny calzon. I'm the applicant and owner of the property. We're trying to preserve the building. It's been an office since we purchased it ten years ago. Never realizing what the PD was. When we changed and had a tenant move out, we found out all of the information on it. And we over a year now have had it vacant because of that reason. We're trying to develop it and preserve it and hopefully develop the parcel next to it.

5:39:03PM Does council have any questions of the applicant? Hearing none, anybody in the public wishing to speak to the item? Motion to close from Councilman Maniscalco. Second from Councilman Miranda. All those in favor say aye. Opposed? Ayes have it. Councilwoman Young.

Naya Young

5:39:15PM File rez-26-74, ordinance being presented for first reading consideration, an ordinance rezoning property in the general vicinity of 2009 North Armenia Avenue and 2342 Walnut Street in the City of Tampa, Florida and more particularly described in section 1 from zoning district classification PD, Planned Development to PD Planned Development, to CG commercial general, providing an effective date.

Charlie Miranda

5:39:40PM Second.

Alan Clendenin

5:39:41PM Motion from Councilwoman Young. Second from Councilman Miranda. All those in favor, aye. Opposed? Ayes have it.

The clerk

5:39:47PM Motion carried unanimously. Second reading and adoption will be held on November 5, 2026 At 10 a.m. at old city hall, located at 315 East Kennedy Boulevard, third floor, Tampa, Florida, 33602.

Alan Clendenin

5:40:01PM Okay. Go ahead.

Bria Dixon

5:40:03PM Bria Dixon, Development Coordination. Agenda 4 is requests to rezone 3209 north 22nd street from CG commercial general to PD Planned Development for pharmacies, retail sales, convenience and shopper's goods. I'll now turn it over to Planning Commission staff.

Alan Clendenin

5:40:18PM Thank you.

Quinn Steele

5:40:23PM Quinn Steele, Planning Commission staff. This site is within the central Tampa Planning district. The North Ybor neighborhood and East Tampa urban village. It's also within evacuation zone e. The subject site is outlined in purple. The surrounding area contains a mix of residential, commercial, and public quasi-public uses. Commercial uses are concentrated along north 22nd street, with multifamily uses directly west, including the belmont heights estates community and single-family homes to the east. This map shows the site designated as community mixed use 35, which is primarily concentrated along north 22nd street. R-35 is located to the west with r-20 and r-10 to the east. The request is to rezone from CG to PD to allow pharmacy, convenience, retail, and shopper's goods within the existing commercial building. The proposed .58 f.a.r. Is well below the maximum 2.0 f.a.r. Allowed under the CMU 35 designation. Staff requests that the applicant correct the proposed f.a.r. And max f.a.r. In the site data table between first and second reading. Planning Commission staff reviewed the request and found it consistent with the surrounding area and existing site conditions while the existing building and site configuration limit the ability to fully achieve the pedestrian development encouraged by the comprehensive plan, the applicant has made improvements, including six foot sidewalks, pedestrian bench near the HART transit stop, bicycle parking and replacing the existing chain-link fence along the eastern property line adjacent to single-family home with a six-foot PVC fence to improve screening. Overall, the staff finds the proposed PD consistent with the comprehensive plan and the context of the existing building and the proposed change in allowable uses. The proposed pedestrian amenities and screening to improve compatibility, although the existing site limits how fully the mixed use corridor design policies can be met. That concludes my presentation. I'm available for any questions.

Alan Clendenin

5:42:08PM Thank you. Any questions? Hearing none, thank you. I love your firing that off.

Bria Dixon

5:42:15PM Bria Dixon, Development Coordination. Once again, start with an aerial view of the subject property. You can see the property outlined in red. North RM 24 zoning that currently contains a single-family detached residence. To the east, which is zoned CG, also another single-family detached residence. To the south here, there is a Medical Office, and to the west, there is a Planned Development that has residential single-family dwellings -- sorry, residential single-family semi detached as well as single-family residential multiple family developments known as belmont heights. I also have site plan as provided by the applicant. The property is existing, existed for several years. Three frontages, link street and north 22nd. Another here. Single-family again detached residence here as well as another single-family detached residence here. I also have elevations provided by the applicant. We have west here, east, south, and north. While nine parking spaces are proposed by the applicant -- sorry, nine spaces are required by the applicant only one is proposed. The proposed is located essentially within the neighborhood, which would thus provide a neighborhood amenity. There are no shade trees and the applicant proposes to reduce impervious area to restore the eastern portion here. You can see that impervious area outlined here in green. The additional 450 square feet of greenspace is considered an overall enhancement for the existing development. The applicant is requesting five waivers. One is from section 27-283 to reduce the number of required loading berths from five to two for 60% reduction. Second waiver to reduce required parking from nine to one and 89% reduction. Third waiver, 27-284, reduce the use-to-use buffer along the eastern property line from 15 feet with the six foot masonry wall to two feet with a six foot high fence. Fourth waiver from section 27-284, to reduce the use-to-use buffer along 22nd street to all adjacent right-of-ways from eight feet to zero feet. The fifth is from section 27-240 to reduce the front yard setback to allow a zero foot setback instead of the required 10 to 12-foot range required due to the existing building. Sorry, there is a sixth waiver. 27-284, to pay into the tree trust fund for required trees not being planted on-site. Development review and compliance staff reviewed the petition and finds the request inconsistent with the applicable City of Tampa land development regulations. Please refer to transportation comments for overall finding. If council wishes to approve the application and waivers as requested, modifications to the site plan as shown on the revised submitted revision sheet must be completed between first and second reading. Revisions will not resolve transportation's findings of inconsistency, and I have here copies of the revised revision sheet, which was revised to include a correction to the f.a.r. That was listed. I'm available if you have any questions.

Alan Clendenin

5:45:49PM Council have any questions? Hearing none, applicant. Steve Michelini. Representing the petitioner. Let me kind of walk you through the site and show you exactly what's being proposed here. This is an aerial photograph showing you the proximity to the large affordable housing development directly across the street. This is a close-up of that. Let me show you what we started with, which was this. And the renovations are currently underway. This is the subject property here. There is a close-up there. This shows you basically the site, and we are severely constrained with the site conditions about what we can do regarding renovations. They recently received a $75,000 appropriation from the CRA for renovations and for upgrading. The basic purpose of this PD is to allow a pharmacy, which would be neighborhood serving commercial and retail for those houses that I showed you across the street. There is a bus stop here in front, hartline has requested us to do something about that. But I think that it more appropriately and we'll work with hartline to do this, instead of placing it here where it is existing, move it over here, where they can provide the bus shelter that was being requested. Again, you see what kind of site we're dealing with. We added a handicap space, and that apparently triggered the requirement for the parking. We are here on this site, and those are all existing conditions. The waivers requested are because of existing conditions, and not because of new construction. Again, this is neighborhood serving commercial. It's badly needed in the area. There used to be the grocery store that was there is now gone. The staff has noted that although we have a technical objection from transportation, overall they were pleased with what we were proposing for this location. Just in terms of the -- meeting the criteria, let me go through that real quick. To promote the efficient and sustainable use of land and infrastructure, existing building, existing water and sewer connections, existing transportation and 22nd street has been redeveloped in that area. Allow the integration of different uses. This does that. Encourage the flexible land development, it complies with that. Promote and encourage development site where appropriate in location; it's badly needed in this location. Promote the desirable living and working conditions environment; it does that. Promote the architectural features, and although you don't have the best renderings of the elevations, it will be much more attractive than what was previously there and promote the retention of existing infrastructure and buildings. And structures. And we meet all of those criteria. We respectfully requesting your approval. If you have any questions, I'll be happy to answer them.

5:49:31PM Council have any questions? 75,000, if you want it.

5:49:38PM Anybody in the public wishing to speak to this item? Hearing none. Motion to close from Councilman Maniscalco. Second from Councilman Miranda. All those in favor say aye. Ayes have it with revised revision sheet.

Lynn Hurtak

5:49:49PM File rez 26-78, ordinance being presented for first reading consideration, an ordinance rezoning property in the general vicinity of 3209 north 22nd street in the City of Tampa, Florida, and more particularly described in section 1 from zoning district classification CG, commercial general, to PD, Planned Development, pharmacies and retail sales, convenience goods and shoppers goods, providing an effective date, including the revised revision sheet.

Alan Clendenin

5:50:17PM Motion from Councilwoman Hurtak. Second from Councilman Miranda. All those in favor aye. Opposed? Ayes have it. Number 5.

The clerk

5:50:24PM Motion carried unanimously.

5:50:26PM Second reading and adoption will be held on November 5, 2026 At 10 a.m. at old city hall located at 315 East Kennedy Boulevard, third floor, Tampa, Florida, 33602.

Alan Clendenin

5:50:38PM Thank you.

Steve Michelini

5:50:39PM Is that November 5? Thank you.

Alan Clendenin

5:50:42PM 5:01 p.m. oh, 10:30. Excuse me, 10:30. Sorry. Second reading. Go ahead.

Bria Dixon

5:50:51PM Bria Dixon, Development Coordination. Agenda item 5 is rez 26-82 request to rezone 620 West Dr. Martin Luther King jr. boulevard from RS 50, residential single-family, to CG, commercial general. I will now turn it over to Planning Commission staff.

Quinn Steele

5:51:10PM Quinn Steele, Planning Commission staff. This site is within the central Tampa Planning district, Tampa Heights neighborhood and Tampa Heights urban village. It's also within evacuation zone d. The subject site is outlined in purple. The surrounding area contains a mix of commercial uses and single-family homes. Commercial uses are concentrated along West Dr. Martin Luther King junior boulevard with single-family homes to the north and south of the corridor. This map shows the site as CMU 35, which is concentrated along MLK. R-10 is located to the north and south of the corridor. The request is to rezone from RS 50 to CG, which is consistent with the CMU 35 designation. Planning Commission staff reviewed the request and found it compatible with the surrounding development pattern. The site is currently vacant and fronts a transit emphasis corridor and mixed use corridor for redevelopment and intensification are encouraged. Any future development should address pedestrian activity. Access from the alley and appropriate buffering from adjacent residential uses. Overall the request would provide an opportunity for compatible infill development within the Tampa Heights urban village and along a transit emphasis corridor and is consistent with the comprehensive plan. I'm available for any questions.

Alan Clendenin

5:52:15PM Thank you. Council have any questions? Hearing none. Bria.

Bria Dixon

5:52:20PM Bria Dixon, Development Coordination staff. Here you can see the subject parcel outlined in red. It is currently vacant. It is just of South West Dr. Martin Luther King junior boulevard and just of East North Boulevard. To the north, you have upland development that is currently for a pharmacies and operating as cvs. To the east, another vacant parcel, which is zoned RS 50. To the south is also a residential single-family development, and then to the west you have CG zoning which is the location of the former corner. I have a survey. Again, you can see that the property has frontage here on West Dr. Martin Luther King boulevard. It is bolded here. I also have photos. This is the subject property. This is the cvs to the north. The vacant parcel to the east. The residential single-family detached to the south, and then that CG zoning large parcel to the west. Development Coordination and compliance staff reviewed the application and find the request to be consistent with the City of Tampa land development regulations. I'm available if you have any questions.

Alan Clendenin

5:53:58PM Does council have any questions? Hearing none. Thank you. Applicant? My name is amaryllis Peters. I work with engineering and representing the owner. Unfortunately, he used to have a single-family home at this property that actually burned down and now it's vacant. So he wanted to change it from RS 50 to a CG so he has more options for developing. In the future. And we'll be assisting him in developing whether he goes commercial or he goes back to a family. Multifamily.

5:54:37PM Any questions? Hearing none, anybody in the public wishing to speak to this item? Motion to close from Councilman Maniscalco. Second from Councilman Miranda. All those in favor say aye. Opposed? Ayes have it. Councilman Maniscalco.

Guido Maniscalco

5:54:50PM There's no revision sheet with this. I have an ordinance being presented for first reading consideration, an ordinance rezoning property in the general vicinity of 620 West Dr. Martin Luther King junior boulevard in the City of Tampa, Florida, and more particularly described in section 1 from zoning district classification RS 50, residential single-family to CG, commercial general, providing an effective date.

Alan Clendenin

5:55:12PM I have a motion from Councilman Maniscalco. A second from Councilman Miranda. All those in favor say aye. Opposed? Ayes have it. Thank you, clerk.

The clerk

5:55:18PM Motion carried unanimously. The second reading and adoption will be held on November 5, 2026 At 10 a.m., at old city hall, located at 315 East Kennedy Boulevard, third floor, Tampa, Florida, 33602.

Alan Clendenin

5:55:33PM Christopher, before you start, we've had a lot of people show up. I think we're getting into the meatier items. If you are here tonight and have not been sworn in and you plan on speaking or testifying at any of the hearings, please stand, raise your right hand and be sworn in by our clerk. [Oath administered]

5:56:00PM Thank you. Christopher.

Christopher Demanche

5:56:01PM Thank you, Mr. Chairman. Agenda item number 6 is rez 26-85. This is a request to rezone 5510 and 5400 South West Shore Boulevard from CI commercial intensive to Planned Development for day care and nursery facility. Air condition storage use and all CI uses. Before I yield to Planning Commission staff, we do have an updated revision sheet. We inadvertently left off an item under Planning Commission staff. This was just to ensure that the site plan between first and second reading depicts a floor area ratio of 1.06.

Quinn Steele

5:56:53PM Quinn Steele, Planning Commission staff. This site is within the South Tampa Planning district. The Gandy, slash, Sun Bay South neighborhood in evacuation zone a as well as the coastal high hazard area. Subject site is outlined in purple. Surrounding area contains a mix of multifamily, single-family attached and detached and commercial uses. The marina shopping district is located to the northwest, up here. This map shows the site designated as cc-35 with CMU 35 to the north and r-10 to the east and south. There is also a pocket of heavy and light industrial to the west. The request is to rezone from CI to PD for a day care and nursery facility. Air condition storage and all CI uses. The proposed 1.06 f.a.r. Is below the maximum allowed under the cc-35 designation. Planning Commission staff reviewed the proposal and found it compatible with the surrounding development pattern. The project places the buildings near the right-of-way, provides internal sidewalks and crosswalks connecting to Westshore Boulevard. Site also provides landscaping and buffering along the north side adjacent to multifamily uses. Between first and second reading, staff is requesting that the front entrances for the day care and existing storage building be labeled on the site plan as well as correcting the proposed far to 1.06. Overall, the proposed PD is consistent with the development pattern envisioned under the cc-35 designation and the comprehensive plan. I'm available for any questions.

Alan Clendenin

5:58:14PM Council have any questions? Hearing none. Land development.

Christopher Demanche

5:58:22PM Again, for the record, Christopher Demanche, Development Coordination. Starting with an aerial of the subject site, outlined in red, subject property is located in the southeast corner of the intersection of West Tyson Avenue and South West Shore Boulevard, surrounding uses include a residential multiple family uses to the north zoned Planned Development, single-family semi detached dwellings to the east zoned PD. South of the subject site we have legacy Park Drive and further south of that, we have single-family detached dwellings zoned RS 60. And then west of the subject site, across South West Shore Boulevard we have IG, industrial general zoning with open storage and warehouse uses. The proposed site plan depicts a project site approximately 2.19 acres in area. It is proposed as a mixed use zoning lot with a day care and nursery facility proposed. On the west side of the property depicted as parcel 1 and on the east side of the property, we have an existing air condition store facility identified as parcel two. There are no changes proposed to parcel 2. The only change to the site is the addition of parcel 1. The site is accessed by an existing two-way entrance on the northwest corner of the subject property. There are approximately 44 surface parking spaces to be provided on-site between the two uses. With there being no changes to parcel 2, which is the air condition storage facility, we only have elevations to show you for the proposed day care and nursery facility. This new building for parcel one would have a maximum height of 36 feet, 7 inches. And we do have one waiver with this request. It is to section 27-284. This is to reduce the required lot island width from 13 feet to 9 feet. The development is proposed with a floor area ratio of 1.06 with the applicant entering into a bonus provision agreement, the bonus provision agreement is being processed concurrently with this application. Some site photos to show. This is the subject site. This shows what would be parcel 2, the existing air condition storage facility. This is looking from the northeast corner of the site, around the northeast corner of the site near the air condition storage facility looking out towards Westshore. This shows the site from Westshore looking eastward. The grassy area in front, that is basically the site for parcel 1. North of the subject site. South of the subject site. And, of course, between the subject property and those single-family detached units we do have South Legacy Drive. I don't have any pictures of the development to the east as it's a gated community. And then looking west across Westshore, we have the view there. Development review and compliance staff has reviewed this petition. We do find the request consistent with the applicable City of Tampa land development regulations. Should it be the pleasure of City Council to approve the application and the waivers listed above, further modifications to the site plan would need to be completed between first and second reading of the ordinance as stated on the revision sheet. I'm available for any questions.

Alan Clendenin

6:02:26PM Thank you, Christopher. Any questions? Hearing none. Need to be a wedding photographer. Alex Schaler, 400 North Ashley Drive. I'll skip some of the setup stuff. Chris went over that in great detail. Give you a little bit of background on this. We've been working on the site since I think 2022. It's been a long time. The prior owner who owned the entire parcel, both lots one and two, when live storage came online, wanted to split so life storage could own their own land. We had a plat filed and the city at the time recommended since it is a split into two that we just do a formal decision and tie them together as one zoning lot. So that's why life storage is part of this application. They are just along for the ride because they are using our density. We decided to do the PD for both parcels together because we need a small amount of bonus, which I'll go into in a second. As mentioned, these do, because of the FDN function as one zoning lot already. They will again with the PD. As you can see, they do share access and parking and drainage, so they function together as one parcel. As mentioned, that's not changing at all, that's why that facility is not changing. What we are proposing is just 11,500 square foot day care. This parcel in the front lot one was always intended to be an out lot for some form of retail or something similar, commercial use. We do need the 11,500 square feet. That is why we have a bonus agreement for .06 f.a.r. Which is the smallest bpa I've ever done. We need a little bit of that. Life storage is actually using the density from our land because their building is so large, about 90,000 square feet. We are a bit over-parked and the reason for that is because the day care, it doesn't operate like a school or a charter school where there is like a queuing lane and a drop-off. The parents park and take the children inside. So during the peak hours it's nice to have a few extra spaces so we can make sure there's enough parking for everybody on-site. We do have one waiver. It's regarding the parking lot island width. That's just from 13 feet to 9 feet. Again, just to accommodate some extra parking spaces but we can still spit a -- inside the parking island with the nine feet. Staff found the application fully consistent. If you have any questions, I'm happy to answer them. But that's all I have.

6:05:15PM Any questions? Hearing none, anybody in the public wishing to speak to this item? Motion to close from Councilman Miranda. Second from Councilman Maniscalco. Whoever said this was a good idea deserves an award because it's a great symbiotic relationship to do this. Great job. Councilman Miranda, changes between first and second and revised revision sheet.

Charlie Miranda

6:05:36PM Rez 26-85, ordinance being presented for first reading consideration. An ordinance rezoning property in the general vicinity of 5510 and 5400 South West Shore Boulevard in the City of Tampa, Florida, and more particularly described in section 1 from zoning district classification CI commercial intensive to PD Planned Development, day care and nursery facility, air conditioned storage and all CI uses, providing an effective date. Along with the revision sheet and --

Alan Clendenin

6:06:06PM And the changes between first and second.

Charlie Miranda

6:06:08PM And the changes between first and second reading.

Alan Clendenin

6:06:10PM Motion from Councilman Miranda. Second from Councilman Viera. All those in favor say aye. Opposed? Ayes have it unanimously.

The clerk

6:06:16PM Motion carried unanimously. Second reading and adoption will be held on November 5, 2026 At 10 a.m. at old city hall. Located at 315 East Kennedy Boulevard, third floor, Tampa, Florida, 33602.

Alan Clendenin

6:06:30PM Thank you. Christopher?

Christopher Demanche

6:06:32PM For the record, Christopher Demanche, Development Coordination. Agenda item 7 is rez 26-86. This is a request to rezone 2202 West Kennedy Boulevard from CG commercial general to Planned Development for a drive-in restaurant. I'll turn it over now to Planning Commission staff.

Quinn Steele

6:06:55PM Quinn Steele, Planning Commission staff. [Audio interference]

Alan Clendenin

6:07:02PM Cttv, whatever you are doing back there, we can hear you.

Quinn Steele

6:07:07PM This site is within the central Tampa Planning district in the South Howard neighborhood as well as evacuation zone c. Subject site is outlined in purple. Surrounding area is primarily commercial along West Kennedy Boulevard with a residential neighborhood directly to the south. The site is also adjacent to a gas station to the west and office to the east. Designated as UMU 60 which is primarily concentrated along West Kennedy Boulevard, which is a designated transit emphasis corridor. CMU 35 is located along South Howard Avenue to the west with r-20 directly south of the site. The request is to rezone from CG to PD to allow a drive-in restaurant. The proposed .07 far is well below the 3.25 far anticipated under the UMU 60 designation. Planning Commission staff reviewed the request and found the use comparable with the surrounding development pattern. While the drive-in restaurant is inherently vehicle oriented and low intensity compared to what is envisioned for the UMU 60 designation, the site design places the building in primary entrance near Kennedy Boulevard, provides lighting and bicycle parking and places parking at the rear. Staff is requesting that between first and second readings the applicant label all front entrances, clarify the north-west sidewalk connection and clarify the drive-through window location and screening. Overall, the proposed PD is comparable with the surrounding commercial development along West Kennedy Boulevard and is consistent with the comprehensive plan. I'm available for any questions.

Alan Clendenin

6:08:30PM Council have any questions? Hearing none, Christopher?

Christopher Demanche

6:08:46PM Starting off with the aerial of the subject site outlined -- Christopher Demanche, Development Coordination. Got ahead of myself. Looking at the aerial here, subject site is outlined in red. It is located at the southwest corner at the intersection of South Westland Avenue and West Kennedy Boulevard. Surrounding uses include Medical Office use to the north zoned CG. South of the subject site we have a mix of single-family detached, semi detached and attached uses zoned RM 16. Immediately east of the subject site we have CG zoning with business and professional office uses. We also have an existing PD zoned property. This is from 1984 approved for office use and west of the subject site, we do have CG zoning. This is a circle k gas station. Looking here at the applicant's proposed site plan, the site is approximately 13,763 square feet. With a single story drive-in restaurant proposed. The building itself is 965 square feet. It is located on the south side of West Kennedy Boulevard. The site as designed has a two-way driveway. On the southern portion utilizing existing 15-foot paved alley way. There are four parking spaces along with Solid Waste proposed on the south side of the property. The drive-through itself allows for up to 10 vehicles, and there is egress, one-way egress proposed on the south side of the building. There's also a pathway from the parking area leading up to the existing -- or to the proposed drive-in restaurant. And, of course, with the positioning of the building along Kennedy Boulevard, it's fairly accessible to pedestrians and cyclists. There are also off-site pedestrian connections proposed along Kennedy that would have to meet the Kennedy overlay standards. And there is an existing sidewalk, which runs north to along south South Westland Avenue. Next we have proposed elevations. The elevations as proposed, there is a maximum building height proposed of 25 feet. Here we have the south and east elevations. And then next we have the north and west elevations. There are six waivers that are proposed with this application. The first is to section 132. This is a request to waive the requirement for direct access to an arterial or collector street. This is part of the special use 2 Criteria For Reviewing Drive-in restaurants. The second waiver is to section 27-132 as well. This request to reduce the required distance for queuing lane to a residential use from 50 feet down to 24 feet. Again, this is part of the SU 2 criteria which was added as a waiver. Third waiver is to section 27-284. This is a request to reduce the required 8-foot vehicular use landscape buffer to six feet along South Westland Avenue. Fourth waiver to section 27-284. This is a request to reduce the parking island width from 13 feet to 12 feet. The fifth waiver is to section 27-284, which is to eliminate the buffer along the south property line, where the property line abuts alley right-of-way across from residentially zoned property. The sixth waiver is to section 27-243. This is to increase the allowable distance for access on the local street, South Westland Avenue from 100 feet to 115 feet from the intersection with West Kennedy Boulevard. We do have photos to show of the subject site. The first photo is looking south. This would be from, you are standing near Kennedy Boulevard. This is south looking north. This is looking north of the subject site across west Kennedy. South of the subject site, and this is a view looking south directly from the subject site at the residence which is immediately south. East of the subject site. And west of the subject site. I do have a photo I want to show, which shows that alley way. This photo was taken from south westland. This is looking west, basically if you walk or drive you're going to go directly into the circle k site. Development review and compliance staff has reviewed the petition. We do find the request inconsistent with the applicable City of Tampa land development regulations. Should it be the pleasure of City Council to approve the application and waivers listed above, further modifications to the site plan would need to be completed between first and second reading as stated on the revision sheet. These issues will not resolve the issue of transportation's inconsistent finding. I'm available for any questions.

Alan Clendenin

6:14:41PM Council have questions? Councilman Maniscalco.

Guido Maniscalco

6:14:42PM Was there a fire at this location, what was previously there and it was demolished?

Christopher Demanche

6:14:48PM There was a previous restaurant. I don't know the circumstances for it closing.

Alan Clendenin

6:15:00PM Okay. No questions. Go ahead. Applicant. Hudson. You'll be sick of me tonight. This is two of four. I'm honored to kick off the drive-throughs on the agenda. I know there are a couple today. This is adjacent to circle k. This is the former site of pups pub and it did burn down. Answer your earlier question. Zoned currently CG commercial general, and it is within the Kennedy Boulevard overlay. As Chris mentioned there is a mix of uses in the vicinity. Some office here. Some multifamily and then commercial obviously as well. This is what we're proposing. Chris showed the site plan. I'll show it to you again. This is a very, very small building pushed to the front of the site obviously to comply with the Kennedy Boulevard overlay. This is unsurprising I'm sure to many of you, but our curb cut on Kennedy Boulevard is being closed by F.D.O.T. So we are proposing to add that one relief valve on the east side of the site along westland. The access that is attached to the alley -- I have more and I'll show those as well. We're also bringing the site up to compliance with the Kennedy Boulevard. So we're adding kind of that pavement scoring, street trees, widened sidewalk. Why a PD? Some of you may know this already. Surprisingly, a drive-through restaurant is not allowed by right in commercial general. Requires a special use two. If you need any other waivers it makes more sense to go a PD. No drive-through to me is like the epitome of CG uses but it is not allowed by right. That's why you'll see so many drive-throughs come through as PD zonings. Because this site is the former site of not only pups pub, but also the bungalow before pups pub which was a restaurant, this does have a current wet zoning approval. Before we got in touch with swig and shawn is here from swig and will speak about swig's operations whenever I'm done, we were approached by a different bar use to build a building here within the same footprint as the original wet zoning. Wet zoning sat for 14 hours, allows alcoholic beverage sales until 3 a.m. we believe obviously swig is a better use for the site. I think that some of the residents would likely agree. Shawn will speak to some of the hours with swig. Even though there are some complexities that come along with the drive-through, we think this is an improved use for the site compared to the current approvals that exist there today. We are requesting some waivers, as is relatively consistent in some of these overlay districts. They add a little layer of complexity to the applications and given the site being so small at .3 acres, we're obviously trying to move some things around to make things fit. I tried to organize these into different categories. The first one being an attempt to keep traffic off of Kennedy. I'll go into detail on these in the succeeding slides, but just to high-level summary of what we're asking for. Next three are related to on-site queuing. Obviously, on-site queuing is very important in order to keep the traffic off of the local streets. Last two are related to existing conditions at the site and things we're not changing but that we still need to re-request those same waivers for. The first one is the access to Kennedy as mentioned dot is closing our Kennedy access. What is relatively interesting is that the city's standard code doesn't like access on commercial streets. However, the Kennedy Boulevard overlay specifically requests access on the local streets and that'because the S Kennedy Boulevard overlay the intention of that is to make Kennedy walkable, have it be very pedestrian friendly and having those intermittent curb cuts along Kennedy obviously disrupts the pedestrian experience. I have some text from the overlay on the screen. Overlay encourages access on westland versus Kennedy Boulevard. Second are related to on-site queuing. I have these two teal arrows on the screen. We're required to measure this queue lane to residential from the very first entrance to the queue lane. As you can see, when someone drives into that drive-through lane where the dashed line is, that's where the measurement is taken from. To me, I think queuing is more so when the vehicles are stacked. That is a much longer distance than what that 24 feet would suggest for the technicality of the waiver. We're requesting a buffer reduction, but we are compliant with the Kennedy Boulevard overlay and will be even with that reduced space there along Westland Avenue. Able to include the landscape and tree plantings in that buffer. And we're requesting a slight reduction in the parking island width in order to make everything fit on such a smaller site. I did think it was really important to note that while we're requesting relief for some of these different requirements in order to make things fit, we are making sure that we are still providing the intent of the code and still providing an upgrade space. As you can see we're providing almost 2,000 square feet of greenspace against about 1200 that's required. That's about a 36% increase in what's required per standard code. Rest assured the greenspace will be on-site. It might not be in the specific areas that code had originally designed. Last two, as I mentioned, the waivers are related to the existing conditions. These are images from when the site, when the building pup pub was there. I used to go there with my dog. I'm familiar with the site. There is no current buffer on the south property line. That is the way pup's pub operated as well. They took the alley, donated or dedicated not officially but gave an easement to the city to widen the alley to have this on-site parking here. We're proposing to do essentially the same thing. Obviously, this is turned, the site plan. As you can see, we're using the alley. Adding extra space to the alley to widen that to the full width of the drive aisle and then adding the parking spaces there. It will be wider than what you see in the image but same design intent there. The next one, same thing. So the city actually requires your driveway connection to be within a hundred feet of the intersection, and that is so that traffic does not spill further into the neighborhoods on local streets. Obviously, this is at conflict with what dot wants, which they want the entrance to your property as far away from the intersection as possible, to not have traffic back up on Kennedy, either way, this is an existing, as mentioned, this is an existing alley. We're reusing the same curb cut that already exists today. Not changing that, not increasing the degree of the waiver of that. That is just where the alley is today. We're just utilizing that. Staff did find this application consistent with the exception of transportation. That inconsistency was based specifically on the waiver that requires us to be 115 feet from the intersection curb cut, which, again, that is an existing condition, not something that we're specifically changing on the site. With that, is I'm going to bring up shawn larson with swig. He will talk a little bit to the operations of swig. Shawn larson. I'm with bubbles group. We're the local franchisee of swig drinks in the tampa/st. Pete area. So, yeah, the overall concept is swig drinks. We do what is called dirty soda. That does not involve alcohol. Any kind of cola and mix things into it. The concept is a fast drive-through type thing. Average drive-through time is between three and four minutes. So cars move through pretty quickly. There is no patio seating or any other seating where people would stay. Also, most of the business is drive-through. We have some walk-up. This would actually be one of the first ones that's in more of an urban setting. As Alex mentioned, we're trying to provide for the walkability and things like that. As part of our outreach, we did reach out directly to the residents of the building that's across from the alley to go over what we're doing with them and see if they had any comments or questions and encountered no opposition. With that are there any questions?

6:23:46PM The walk-up, is that on Kennedy, walk up window?

6:23:52PM Like a window kind of situation.

6:23:57PM Any other questions? Hearing none. Thank you. I'll be back up to answer any questions you have.

6:24:07PM Anybody in the public wishing to speak to this item? I have one online speaker, patricia, can you hear me? Sorry, diane. Diane carter lyons. Diane? Diane, unmute yourself.

6:24:37PM Yep. Much better. Start with your name, please.

6:24:42PM And we need to swear you in. There you go. We can see you now. Please raise your right hand and be sworn in by the clerk. Provide is the truth and nothing but the truth?

6:24:56PM Thank you. Go ahead, diane. Start with your name, please. I'm the owner of the 2124 West Kennedy Boulevard adjacent to the property being discussed. I have owned and operated professional offices in this address over the past 45 years. I've directly, practically, and not -- knowledge of what the access constraints would be. The parking needs, the traffic conditions, and service patterns in our block. I write this letter to respectfully oppose the application being considered for the zoning change to operate a drive-through, one-stop swig drinks at 2202 West Kennedy Boulevard. High-volume drive-through business is not compatible with the constraints on the local street alley. And parking network surrounding our block. The primary concern is traffic circulation, a drive-through business depends on frequent short trips and queuing traffic throughout the day and also into the evening. This location is bound by the new traffic median being constructed along Kennedy Boulevard, which will prevent westbound turn-ins. This will force a large volume of traffic out of the constrained one way and narrow local access route. These streets and service alleys were not designed to safely accommodate the volume, turning movements, shortcutting and queue spillover that a drive-through will create. The alleyway behind my building which connects albany to westland is unpaved and only one vehicle wide. Across this route is relied on by service vehicles, garbage collection, deliveries, et cetera, not a public circulation route or a bypass for drivers through the traffic. These traffic patterns may not be intended but they would be the inevitable result. Parking and neighborhood compatibility are additional concerns. The purpose would bring high volume, employees, customers, third-party delivery drivers and late-evening activity to a mainly residential and professional office environment. Existing on-street parking is relied upon by nearby residents, outside business, tourists and hours and by the businesses for deliveries. Service access, a day-to-day operations and current zoning has functioned well for many years alongside the existing residences and businesses. I ask that the application be denied in order to protect traffic safety, service access, parking availability, and the character of the surrounding neighborhood. Thank you for your consideration.

6:28:05PM Thank you, diane.

6:28:07PM Applicant, would you like rebuttal? To address a couple of those points, the first being the alley. The city encourages use of alleys. So I know that while it feels like a private road and it is one car wide, city policy does direct use of the alleys. That's why we still have them. That's why this council is relatively hesitant to vacate alleys because we like the grid system. But completely understand the traffic concerns. I will say that this is not a chick-fil-a. It's not a starbucks. It's designed very, very differently than that. As shawn mentioned, the average queue time in the drive-through is three minutes. This is really, really quick. There is no food. Fast bites, pretzel bites, stuff meant to be really quick. I have a feeling that Councilwoman Hurtak is going to bring this up. I wanted to say this and while we are proposing for a swig to come here, obviously, if we get the entitlements for a drive-through, couldn't any drive-through come through here. So I wanted to address that and say that the swig building specifically is 965 square feet. This is a really small building. If you wanted to put a chick-fil-a or starbucks here, that building square footage would have to be increased and be right back before you at City Council. I do think this is very tailored to our specific application. There was some mentions about on-street parking and circulation. Swig also doesn't do door dash or uber eats because the drinks, by the time they pick them up and deliver them to the customer they are flat. That's obviously not the intention of the business. I think like I mentioned this is a very different operation. We don't expect there to be cars or delivery drivers parking on the streets. We expect people to come into the drive-through, spend their three minutes and be on their way. I'll just conclude with the fact that if no drive-through on Kennedy, what's a better location for the drive-through in the zoned category? That's all I have. Please, questions, I'll answer them.

6:30:07PM I have questions about adjacent usage. Can you go around the property -- do you have the overheads? Specifically address the property that diane owns. What the usage is. I understand the RM property behind is a multifamily. This is a little blurry. Subject site here --

6:30:37PM Cttv -- there we go. Circle k very close to the west. To the south, yes. This is a multifamily building here. This is actually an older PD. This is a really, really small office building. Actually a title company. I signed in there. And this is the parcel that diane owns, that these are offices that are adjacent to Kennedy there. And the alley runs along our southern property line, so like this. I believe that diane --

6:31:09PM No single-family homes in that adjacent -- adjacent to that property.

6:31:14PM Okay. Very good. Thank you very much. Councilman Carlson.

Bill Carlson

6:31:16PM Sorry if I missed this somehow. Can you put the plan back on?

6:31:26PM Yeah. Sorry, the other one. The site plan. The one with the drive-through. I'll just tell you my question is, unintended consequences, you mentioned chick-fil-a. There's also trader joe's and others. The problem that people run into, if this is amazingly successful, every starbucks, the starbucks on dale mabry by neptune, they line up all the way down dale mabry a few cars. So the question is where do people stage before they get into that queue? How would you handle it, especially when it is opening, when you might have a hundred cars? Shawn larson. Obviously, the design queuing is meant to handle, we typically see. Just to kind of hit on that, it's not a chick-fil-a. It's quicker. Our lines typically aren't as long. I believe you asked specifically about openings and things like that. We do in most cases do a grand opening and you might see longer lines there in that case we would work with -- we typically work with the local police departments to come up with something that's going to minimize the impacts. But then additionally what we do is also focus the menu on one thing and staff up so that it goes even quicker. For example, we just did an opening in -- up off of sr 54 in pasco county and odessa and we were able to keep our queue on our parcel pretty much the whole time with minimal impact. That's what we do to address those things. Any further questions?

Alan Clendenin

6:33:34PM Councilman Miranda.

Charlie Miranda

6:33:35PM I received a few e-mails. I don't know, maybe ten or so. I don't know. They specifically mention the name culver's, that's what it is?

Alan Clendenin

6:33:46PM That is the next, further down the agenda.

Charlie Miranda

6:33:48PM Got it. I want to make sure.

Alan Clendenin

6:33:54PM Hearing nothing else, no. very good. Can I get a motion to close from Councilman Viera. Second from Councilman Maniscalco. All in favor, aye. Opposed? Ayes have it. Councilwoman Hurtak.

Lynn Hurtak

6:34:05PM I'm going to try a motion. I move to deny rez 26-86 for the property located at 2202 West Kennedy Boulevard 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 waiver. Mainly, the waivers are not in harmony and do not serve the general intent and purpose of chapter 27. Six waivers very clearly shows that this is not appropriate in location. I thought it was interesting that the applicant mentioned that if it is not on Kennedy Boulevard, where? Kennedy Boulevard is where we are supposed to be having density. It's not where we're looking for suburban traffic pattern, which this is. Also, this does not promote the efficient and sustainable use of land and infrastructure with careful considerations to potential adverse impacts to on-site natural elements section 27-136, subsection 1. And it does not and subsection 6 does not promote and encourage development where appropriate in location, character, and compatibility with the surrounding impacted neighborhood, built environment and existing geography.

Alan Clendenin

6:35:37PM I have a motion from Councilwoman Hurtak. Is there a second? A second from Councilman Miranda. Discussion? I struggle with that, Councilwoman Hurtak. Because I hear what you're saying and I agree with the density issue. My problem with it is the existing use being the bar and also adjacent -- that's why I asked about the adjacent parcels, the difference between this and other issues that we're dealing with. It seems to be fairly light usage for that particular parcel considering what it was, you know, a bar. It seems like if not this, then it could go back to being a bar.

Lynn Hurtak

6:36:19PM There's nothing wrong with a bar. Kennedy is a place for density. And this is not density. A bar wouldn't be density. Like, this is where we want high, tall, very dense buildings. This is a small parcel, but I'm just saying that a drive-in is the furthest thing from density that we could possibly put on this parcel.

Alan Clendenin

6:36:45PM Okay. Thank you. Any other discussion? I have a motion and I have a second.

Charlie Miranda

6:36:55PM Yes.

Guido Maniscalco

6:36:57PM No.

Lynn Hurtak

6:36:59PM Yes.

Naya Young

6:37:00PM Yes.

Luis Viera

6:37:03PM No.

Bill Carlson

6:37:04PM Yes.

Alan Clendenin

6:37:06PM No.

The clerk

6:37:09PM The motion carried with Maniscalco, Viera, and Clendenin voting no.

Alan Clendenin

6:37:14PM Thank you. No second.

The clerk

6:37:24PM I'm so sorry.

Alan Clendenin

6:37:29PM Number 8.

Christopher Demanche

6:37:34PM Christopher Demanche, Development Coordination. Agenda item 8 is rez 26-87. This is a request to rezone 2101 West Hillsborough Avenue from Planned Development previously approved for retail sales to Planned Development for drive-in restaurant uses. I'll turn it over now to Planning Commission staff.

Quinn Steele

6:38:08PM Quinn Steele, Planning Commission staff. This site is within the university Planning district. The Armenia Terrace neighborhood and evacuation zone d. The subject site is outlined in purple. Surrounding area is primarily commercial along West Hillsborough Avenue which is a designated transit emphasis corridor with a single-family neighborhood one block north. Additionally, mendenhall elementary school is located to the southeast. This map shows the site designated as community commercial 35, which is primarily concentrated along West Hillsborough Avenue as well as Howard and Armenia. To the north is r-20 and the r-10 designation. The request is to rezone from PD to PD to allow a 986 Square Foot Drive-in restaurant. The proposed 0.026 far is well below the 2.0 far anticipated under the cc-35 designation. Planning Commission staff have reviewed the request and found it compatible with the surrounding development pattern, although the views is vehicular oriented and low intensity compared to what is envisioned under the cc-35 designation, the site provides pedestrian connections, sidewalks, and the building located close to West Hillsborough Avenue between first and second reading, staff is requesting that the sidewalk along the east side of the building connect to North Albany Avenue. Staff also encourages the applicant to explore shade trees along West Hillsborough Avenue. Overall, the proposed PD would provide compatible commercial development along a transit emphasis and mixed use corridor and is consistent with the comprehensive plan. That concludes my presentation. I'm available for any questions.

Alan Clendenin

6:39:38PM Council have any questions? Hearing none. Christopher.

Christopher Demanche

6:39:45PM For the record, Christopher Demanche, Development Coordination. Starting off with an aerial of the subject site, the project is outlined in red. It's located at the intersection of West Hillsborough Avenue and North Albany Avenue, looking at uses surrounding the subject site, we do have RS 60 zoning to the north. This is comprised of single-family detached uses. South of the subject site on the south side of West Hillsborough Avenue, we do have CG zoning -- sorry, CI zoning. Across from the subject property on the south side of west Hillsborough we do have a warehouse use and open storage use. Looking to the east of the subject site, we still have CI zoning. We have an existing drive-in restaurant there. It's a starbucks. And west of the subject site we have CI zoning with air -- with an air conditioning storage facility. Looking at the proposed site plan, this site plan depicts a 37,662 square foot site with a single story drive-in restaurant. The proposed building has approximately 986 square feet. It'oriented to S Hillsborough Avenue, providing walk-up access from adjacent sidewalk on Hillsborough Avenue as well as a total of 10 parking spaces on-site. There are two access points to the site. First along Hillsborough Avenue and the second is along North Albany Avenue. The proposed drive-through, two lane. It can permit up to 20 vehicles. Site plan also depicts proposed off-site sidewalks of five feet in width along North Albany Avenue and along West Mohawk Avenue. Next we have elevations. The max height proposed for the proposed drive-in restaurant is 24 feet. There are no waivers with this application. We do have site photos. The site was previously used for family dollar. It is now vacant. This is the view from Hillsborough. This is from north albany. North of the subject site, looking south, east, and west. Additional pictures showing the back entrance way, existing driveway would remain. Development review and compliance staff has reviewed the petition. We do find the request consistent with the City of Tampa land development regulations and should it be the pleasure of City Council to approve the application, further modifications to the site plan would need to be completed between first and second reading as stated on the revision sheet. And I'm available for any questions.

Alan Clendenin

6:43:31PM Council have any questions? Hearing none. Round two. Gardner brewer Hudson. Can you guys see this powerpoint?

6:43:58PM We can. It will come up here -- there we go. Okay. Chris explained this. This is a vacated family dollar. The rezoning request is from PD to PD. The PD reflects the family dollar that exists on the site today. This is just under an acre. Running through the site plan on this one, this is for dutch roast coffee as you saw in the elevations. What's really unique and interesting about dutch bros, we did their site in South of Gandy. They tried to adaptively reuse the site as best they can. I'll flip back and forth from the aerial to the site plan. As you can see here, they have the entrance on albany. Also entrance on Hillsborough. Retention to the north. All stays the same. Circulation perspective, the site will function very largely like it does today with a couple of different drive-through lanes for the actual coffee. We do have two access points for enhanced circulation and a bit more parking spaces required on this one. They do have a little patio outside, a walk-up. People can park and walk up and grab coffee if they want at the window as well. This one has additional greenspace beyond what is required as well. Partially that's because of adaptively reusing some of the greenspace on-site. Current retention area again not reconfiguring that and starting over, we're using a lot that's already there. We're providing new sidewalks on mohawk and albany as well. And I don't get to say this very often so I highlighted this in blue, we are not requesting any waivers in conjunction with this application. Staff did find this application fully consistent. That is all I have, but I can answer any questions.

6:45:48PM Council have any questions? Hearing none, applicant. I'm sorry. Is there anybody in the public that wishes to speak to the item? Come up. My name is Jamie Coleman. I'm an active duty captain and chaplain in the U.S. air force. My wife and I and our three children live directly across the street to the north from the proposed restaurant. We would be the most impacted. I'm here tonight as a husband, a father, and a homeowner and I'm asking you to consider carefully what this restaurant would mean for our family and for our neighborhood. Our biggest concern obviously is traffic. I just heard that it could accommodate up to 20 vehicles at a time. That's a whole lot of cars. There's already, as has been mentioned, a new starbucks across the street. It has constant traffic entering and leaving onto albany. Albany is a very tight, constricted road. We're already seen an increase in congestion. Now we're considering adding another high-volume business with a two-lane drive-through directly across from it. And that means more cars, more traffic, more headlights shining directly into our home. We're also concerned about noise, obviously. Idling cars, engines, doors, horns, speakers. That noise will be right next to our home. But there's one more thing important to us. My wife and I have a six-year-old daughter with down syndrome, severe autism, and a seizure disorder. Our home is a place where we work hard to give her a safe, peaceable, and predictable environment. Noise, constant activity, bright headlights, and increased traffic can affect her very differently than it might affect the average person. For our family, this isn't simply a question of what gets built across the street. It's a question of what kind of environment we will have in our own home. We recognize the city may ultimately approve the restaurant, and if that happens, we'd ask you to put meaningful consideration or protections, meaningful protections in place for the neighboring homes. We ask for a barrier that would be between the restaurant and our residential property that would have a mature landscaping and greenery, substantial barrier. And we want that barrier to reduce noise, headlights, odors, and the visual impact of the restaurant. Obviously, we're not asking the city to stop progress, but we are asking to balance progress with responsibility and to remember that there are families on the other side of this proposal. We live here. We raise our family here. And we will live with the consequences of this decision every day. And we ask you to consider whether this restaurant is truly compatible with the residential neighborhood right directly behind it. Thank you.

6:48:34PM Thank you. Anybody else in the public wishing to speak to this item? Applicant, rebuttal?

6:48:58PM Can we get the wolf up, please? Mohawk. The retention pond is walled. There's already a wall along the northern portion of the property and the six foot high chain-link fence is proposed to remain and is also noted here as well. But absolutely understand the neighbor's concerns a hundred percent. I will get his contact information and I will pass it along to dutch bros and make sure they personally reach out to him to make sure this change in the development does not affect their family.

6:49:46PM How high is that existing wall? The fence is six feet, the chain-link, but doesn't say what the concrete wall is.

6:50:03PM You have to come up. Have you been sworn in?

6:50:12PM Have you been sworn in? Clerk. [Oath administered]

6:50:22PM Start with your name. We are the engineer of records office. There is an existing retaining wall around the site. It's not -- I don't have the exact height. It's approximately like three feet tall. I know one of the concerns was speakers, dutch bros does not use speakers. It's face to face ordering. No seating provided inside and outside. People will be going through the drive-through and leaving. Won't be hanging out inside making noise. We've done substantial improvements in our plans trying to redoes the impervious from 66% to 59. We're doing additional greenspace beyond what is required from 30% up to 41 percent. We're providing additional parking. All of our restaurants are landscaped and try to be very compatible with our neighbors and not do anything other than bring jobs and product that the people want.

6:51:25PM Alex, I think the difference in this is you have single-family homes to the back. So I think you have to address that. I was going to -- thanks, julie. You are good for now. And also beneficial to the neighbor, mentioned landscaping as well, we're happy to do enhanced landscape buffer. We can plant additional trees. We can commit to planting trees that are the largest commercially available in the nursery. He's probably laughing at me --

6:52:02PM Six foot masonry wall with landscaping?

6:52:08PM Let me go to the other councilperson. Councilwoman Hurtak first and then Miranda and Viera.

Lynn Hurtak

6:52:14PM My other question about this was you have an entrance off of Hillsborough. Why would you -- I know you said you wanted to do adaptive reuse, but there's already problems on albany. Why wouldn't you simply close the albany connection and then extend the waiting area to add room for even more cars and then maybe just tilt the dumpster so that Solid Waste can get in. It just seems like you're using a lot of space for a driveway that probably isn't necessary and is detrimental to the neighbors. I'm always going to be concerned when there is a drive-through that empties out into -- onto a residential street. It just seems that Hillsborough is the better place for that since you already have that.

Alan Clendenin

6:53:12PM Councilman Miranda.

Charlie Miranda

6:53:14PM I was going to echo the same item. When you have Hillsborough Avenue, businesses, from gas stations on out.

Alan Clendenin

6:53:23PM Hold on. Only one conversation at a time.

Charlie Miranda

6:53:26PM From what I heard, not in the -- masonry wall. The captain was correct about the light and everything else on that type of situation. I understand and I think even help the sound noise from Hillsborough Avenue. It is a very highly traveled road. Very highly. I would imagine that even with vacant land he would get some of the noise from the vehicles on Hillsborough Avenue which has got to be a hundred feet away.

Alan Clendenin

6:53:51PM Christopher, you can't have -- Chris, we can hear you. Remember the acoustics in here are so loud. Do you have any questions?

Charlie Miranda

6:54:02PM None at all.

Alan Clendenin

6:54:03PM Councilman Viera.

Luis Viera

6:54:04PM Thank you very much, Mr. Chairman. Thank you for that, Mr. Chairman, on the issue with regards to the masonry wall, that's something that can be done, correct?

6:54:15PM I always look at these things as an attorney -- I try to -- and here we have something with no waivers, but there are the ten commandments and then the ten suggestions. You have a gentleman here who came. God bless you, sir. You shared from your heart. I appreciate that. One thing, Mr. Shelby, stop me -- strike me, stop me if I'm going out of bounds or whatever, I would say again the ten suggestions, not the ten commandments, but is for -- may I have the gentleman come up, Mr. Chair, ask him a question. Gentleman in the green shirt.

Alan Clendenin

6:54:47PM Public speaker, come on up.

Luis Viera

6:54:52PM Quick yes-or-no question. You said, daughter, correct?

Alan Clendenin

6:55:00PM Say your name again.

Luis Viera

6:55:04PM Thank you, sir. Does she have like an ADA therapist or anything of that nature?

6:55:12PM That's all I have.

Alan Clendenin

6:55:15PM Back to the applicant. Additional rebuttal if you need it.

Luis Viera

6:55:20PM My question, so there are a number of things that Chairman Clendenin talked about. Other things that can be done. Would you be willing to meet with this gentleman and his daughter's aba therapist because there could be unique issues that you guys could accommodate as good people, again, between first and second reading, if that moves forward to this way. Again, there are no waivers. Ten commandments and then ten suggestions. Whatever. I'm tired. Just a thought. I would ask, do you commit to doing that again and no bearing whatsoever on my vote, et cetera, is that something?

Martin Shelby

6:55:58PM If I may inquire, councilman, the question would be and the question also would be for staff, if something does come of that that requires additional changes that aren't made between first and second reading because it's coming back for a second reading and adoption public hearing, what is the course of action that's available to council to be able to effectuate anything that comes out of a result of this meeting? We're more than happy to make second reading if we're fortunate enough to get one, first reading, anything that comes out of my conversation with Mr. James, that requires site plan revisions further.

Luis Viera

6:56:36PM You would commit to doing that.

6:56:38PM That would appear -- I don't want to put anything -- Mr. Shelby.

Alan Clendenin

6:56:45PM One more with the masonry wall. A landscape plan, mature landscaping between first and second reading as well. To buffer that.

6:56:57PM Again, my concern is the adjacent usage of the single-family neighborhood. Six foot wall and mature landscaping to buffer the usage, maybe they will actually have a better circumstance now versus what it was with the dollar store.

Martin Shelby

6:57:14PM Martin Shelby, City Council attorney. If I understand council's direction --

Alan Clendenin

6:57:19PM Well, not yet. What I'm pulling towards, yes.

Martin Shelby

6:57:23PM Shall I hold my comments or questions until we are at that point?

Alan Clendenin

6:57:28PM Until we have an agreement.

Christopher Demanche

6:57:29PM Christopher Demanche, Development Coordination. If I could interject briefly. Is there consideration by council to close the driveway off of albany?

Lynn Hurtak

6:57:40PM Yes.

Christopher Demanche

6:57:42PM I raise that because you have a proposed Solid Waste location and that location has been reviewed by staff for auto turns, for accessing, exiting the site. Additionally, we've also had fire review the site. That may kick us back now to a DRC because now we've got Solid Waste, fire. We'd have landscape involved. That's the one thing that would throw off the site if you close that driveway. The other item would be we as staff need a baseline to go by going into second reading so if we were to establish, let's say, six foot masonry wall along the entirety of the north property line and then we could work out details on a landscape buffering that kind of gives us guidance going into second reading. It would really depend on the direction you're going with that driveway entrance because it does affect Solid Waste and fire.

Alan Clendenin

6:58:42PM I don't want to inject testimony. I'll wait until we close to address the driveway thing. I don't want to provide testimony.

Lynn Hurtak

6:58:50PM My question is for the applicant was, was that something they would be able to consider or something that they wouldn't? Can you give me a couple?

Alan Clendenin

6:59:05PM Take your sidebar. Mr. Shelby.

Martin Shelby

6:59:09PM City Council attorney. Council, before I go to what I was going to ask or talk about, I just want to bring to your attention that another option would be that although no requests for a continuance by the applicant or petitioner shall be granted after the applicant has made their initial presentation, unless determination by City Council that it is necessary for purposes of procedural due process, what I'm hearing from City Council is there are adverse impacts that you are suggesting need to be addressed. Perhaps on that basis, then the applicant would therefore not object to a continuance being granted at first reading for that purpose.

Alan Clendenin

6:59:53PM I don't know if we are there yet. I think we can get to a yes.

Martin Shelby

7:00:00PM If you get to a yes, council, I'll wait until they finish talking because I want the applicant to hear what I'm about to say.

Alan Clendenin

7:00:14PM Applicant? Access points to the one access point. But we can commit to doing a right-out only on albany if that's helpful, we can make that work, if that addresses the concerns of council.

7:00:30PM That's reasonable. Christopher has a pain on his face.

Christopher Demanche

7:00:42PM Although the applicant is offering a suggestion, I think we would need to see some auto turn renderings. It would have -- if we're going to have -- your suggestion, Alex, this would be a right turn out only. The problem is the Solid Waste location here and how that gets accessed.

Lynn Hurtak

7:01:05PM They can still come in.

Alan Clendenin

7:01:10PM Not into the neighborhood.

Lynn Hurtak

7:01:13PM It would be a right turn out. It wouldn't change the in.

Alan Clendenin

7:01:17PM To protect the neighborhood. Up and come out onto Hillsborough.

7:01:26PM That shouldn't affect anything.

Christopher Demanche

7:01:30PM Okay. Just want to make sure.

Martin Shelby

7:01:33PM The question would be for staff, can this be accomplish the -- a, do you have sufficient direction? B, can this be accomplished between first and second reading? Or perhaps it may have to come back on first reading. I believe the applicant has offered to be in that position if that's the case. Does that work? I won't speak for staff. But I think having the out be only right instead of a left doesn't affect any kind of the traffic studies or any site circulation that we've done. But if there needs to be -- I think the concern is that Solid Waste, even though we're talking about whether or not their trucks can get in or out or come out on Hillsborough, they haven't reviewed what is being proposed here tonight. I think at this point I would probably, further to what Mr. Shelby was suggesting, either see if the applicant is willing to continue this or it might be second reading might have to go back to first reading depending on the extent of the changes. Sounds like at least Solid Waste might need to review what changes council is discussing now.

Alan Clendenin

7:02:41PM Can we move forward with this intention? If Solid Waste, we can reserve the right to push this back to first reading at the second bite at the apple?

Martin Shelby

7:02:52PM Council, there's also the other issue, I heard issues such as buffering, heights of walls.

Alan Clendenin

7:03:00PM Again, this is one councilperson suggested that. We need to make sure we have consensus on that or at least a four vote. Six foot masonry wall with landscaping. Let me try to surmise where we are at. Six foot wall to buffer the neighborhood with landscaping and then the suggestion that it's only access towards Hillsborough. Right turn in -- right turn out, left turn in only. On the side street access point. Depending on where the dumpster --

7:03:37PM I'm sorry. Yes. You're correct. And then would it be proper with that assumption to move forward on taking this from first to second. And if there was a Solid Waste or transportation objection being able to kick this back to first reading when we come back or to address that objection. The proposed change about not being able to turn right doesn't change -- Solid Waste will not need to look at this again. But if staff is more comfortable with us doing -- going back to first reading on second reading, we can. But I don't think there's any substantial changes to the site plan that would require that because we're just adding the wall and the buffer.

7:05:03PM Wall and landscape buffer.

7:05:05PM If something else comes up, we always have the right to say no on the second reading.

7:05:16PM We always have the right to say no on the second reading.

Martin Shelby

7:05:25PM That is the point I wanted to make. The point is you have identified adverse or negative impacts as the code permits you to do and to be able to come up with solutions to that. What I'm hearing is that council is considering moving this on first reading to a second reading and adoption public hearing for the purposes of having those adverse impacts addressed. Barring that, with the additional -- without the additional information that you might need at a second reading, based on the information that you have with regard to those adverse impacts, you could in effect move to deny at second reading on that. I just want to be clear for the record that would be the choice that the applicant is making rather than agreeing to a request for a first reading continuation. I don't think it's necessarily fair to make my applicant wait for a continued reading because Solid Waste isn't here when I had the auto turns that Solid Waste approved right here. But I understand your concern, Mr. Shelby.

Alan Clendenin

7:06:35PM I'm going to suggest we read this on first reading with the revision that the applicant will make the change of the six foot masonry wall with the landscaping plan between first and second reading and the right -- the turning in and out changes that we suggested on albany.

7:06:58PM And the meeting, yes. Do we have consensus on that?

Luis Viera

7:07:05PM Thank you, Mr. Chairman. I wanted to add again the meeting --

Alan Clendenin

7:07:09PM We said that.

Luis Viera

7:07:11PM And all that. May I ask, it's a quick yes or no to the gentleman in green. I want to make darn sure.

Alan Clendenin

7:07:18PM Let's not right now. We're good.

Luis Viera

7:07:21PM I just want to make sure he's okay with this. If so, nod.

Alan Clendenin

7:07:28PM I don't think that's proper. It's not proper.

Martin Shelby

7:07:32PM It would taint the record.

Alan Clendenin

7:07:37PM Christopher.

Christopher Demanche

7:07:38PM Summary before any vote or anything. We are -- you are going to vote to go to a second reading.

Alan Clendenin

7:07:44PM When -- we haven't had a motion yet. If you hear a motion, it's going to include a six foot masonry wall, a landscape plan between first -- with the masonry wall to buffer the neighborhood and the restrictions on the turns in and out on albany and the meeting that Councilman Viera discussed.

Christopher Demanche

7:08:09PM Applicant, no concerns?

Alan Clendenin

7:08:12PM Okay. We're good with this? I think I left off with Councilman Carlson, is that right. Motion to close from Councilman Viera. Second from Councilman Maniscalco. All those in favor say aye. Opposed? Ayes have it. Councilman Carlson.

Bill Carlson

7:08:26PM File rez 26-87, ordinance being presented for first reading consideration, an ordinance rezoning property in the general vicinity of 2101 West Hillsborough Avenue in the City of Tampa, Florida, more particularly described in section 1 from zoning district classification PD Planned Development to PD Planned Development, restaurant, drive-in, providing an effective date. Also including the provision that they come back between first and second reading with plans for an eight-foot masonry fence.

Alan Clendenin

7:08:56PM Six.

Bill Carlson

7:08:58PM Okay. Sorry. Six foot masonry fence and a landscaping plan to buffer noise and light and to require right turn only from albany and to have had a meeting with the neighbor.

Alan Clendenin

7:09:15PM Right turn in, with turning restrictions we discussed. Motion from Councilman Carlson. Second from Councilman Maniscalco. All those in favor say aye. Opposed?

The clerk

7:09:28PM Motion carried unanimously. Second reading and adoption will be held on November 5, 2026, At 10 a.m. at old city hall, located at 315 East Kennedy Boulevard, third floor, Tampa, Florida, 33602.

Alan Clendenin

7:09:42PM Councilman Viera.

Luis Viera

7:09:43PM Thank you, sir. I was waiting on when it was coming back. Coming back November 5. Obviously, I won't be here for that. Just for the meeting with this gentleman. Thank you.

Alan Clendenin

7:10:01PM Okay. Item number 9.

Christopher Demanche

7:10:05PM Thank you, Mr. Chairman. Agenda item number 9 is rez 26-88. This is a request to rezone 202 South Dale Mabry Highway from CG commercial general and RS 60 residential single-family to Planned Development for a drive-in restaurant use. I'll turn it over now to Planning Commission staff.

Quinn Steele

7:10:32PM Quinn Steele, Planning Commission staff. The site is within the central Tampa Planning district, Bon Air neighborhood and evacuation zone c. Subject site is outlined in purple along South Dale Mabry Highway. The surrounding area contains a mix of commercial, single-family, and multifamily uses. Commercial uses are concentrated along South Dale Mabry Highway and West Kennedy Boulevard. Both which are transit emphasis corridors. To the east is a single-family neighborhood. This map shows the site split between CMU 35 along dale mabry and r-10 in the rear. CMU 35 is primarily concentrated along Dale Mabry Highway with UMU 60 and rmu 100 further north. R-10 and r-20 are to the east. The request is to rezone from CG and RS 60 to PD for a drive-in restaurant. The proposed building is entirely within the CMU 35 portion of the site with accessory parking in the r-10 portion. The proposed building is approximately 4,250 square feet at a 0.2 far which is consistent with the CMU 35 designation. Staff is requesting that the applicant correct the future land use designation in the site data table between first and second reading. Planning Commission staff reviewed the request and found it consistent with the surrounding development pattern, although the use is vehicularly oriented and low intensity compared to what is envisioned under the CMU 35 designation. The site provides sidewalks along all frontages. A pedestrian connection to West Cleveland Street, bicycle parking, and street trees. However, staff identified opportunities to better activate the dale mabry corridor by bringing the building closer to the street, orienting the primary entrance towards the corridor, and moving parking to the side and rear, as encouraged by the comprehensive plan. The applicant did not incorporate any of the requested changes into the revised site plan. This site abuts a single-family home to the east. The proposed building provides significant setbacks from that property line with existing landscaping and a six-foot masonry wall to provide screening from the residential use. Overall, while the design could better support the pedestrian oriented development pattern envisioned along a mixed use and transit emphasis corridor, generally the proposed PD is consistent with the comprehensive plan. That concludes my presentation. I'm available for any questions.

Alan Clendenin

7:12:46PM Council have any questions? Hearing none. Christopher.

Christopher Demanche

7:12:51PM For the record, Christopher Demanche, Development Coordination. We will start with the aerial. Subject property is outlined in red. Located at the southeast corner of the intersection of West Cleveland Street and South Dale Mabry Highway. Looking at surrounding uses, the subject site has split zoning. We have CG on the west side of the property along dale mabry and RS 60 on the back side of the property. East of the subject site, we do have single-family detached. We have RS 60 zoning here. North of the subject site we have single-family detached with RS 60 zoning, and CG zoning with strip shopping center, development to the north. South of the subject site, we have an existing restaurant, and west of the subject site we have PD zoning approved for strip shopping center which includes a mix of retail uses. Applicant's proposed site plan depicts the 36,702 square foot property with a single story drive-in restaurant. The building for the proposed drive-in restaurant is 4,250 square feet. Access to the site is provided by a two-way driveway located on the south side of West Cleveland Street. There is a one-lane drive-through. We have ordering box area on the west side of the building and the pickup window located on the south side of the building. There is a total of 37 surface parking spaces throughout the site. There is a new five-foot sidewalk proposed on the south side of west cleveland running east to west, connecting into a five and a half foot sidewalk that exists, that runs north to south on South Dale Mabry Highway. Next we have the elevations proposed. The brand for this, of course, is culver's. We do have the various elevations. The max height proposed is 24 feet, 3 inches. There is a total of 7 waivers with this request. I do have an updated revision sheet I do need to provide. The reason for the updated revision sheet, we actually had a conflict between stormwater and natural resources. Stormwater here on the revision sheet has a note for between first and second reading to remove all trees and vegetation from the stormwater retention pond, which is located on the east side of the property. And we actually have a requirement in our code for natural resources which calls for a 15-foot use-to-use buffer and, of course, there's planting requirements associated with it. Upon discovering that stormwater doesn't want any plantings in the stormwater detention pond, we informed the applicant that they would need to request what would be in this case an 8th waiver to the request. So essentially the 8th waiver states to omit only tree and shrub planting requirements from the required 15-foot use-to-use buffer on the east property line due to existing stormwater infrastructure. Just wanted to get that into the record. Now I'll go ahead and note the requested waivers. The first requested waiver is from the special use 2 permit criteria, which is section 27-132. This is a request to waive the requirement for direct access to an arterial or collector street. This is required due to the two-way driveway being proposed along west cleveland. The second waiver is to section 27-283, this is to allow access from nonresidential parking lots to a local street at greater than 150 feet of the intersection with an arterial or collector roadway. Waiver 3 is to section 27-284, this is to reduce the 8-foot wide vua right-of-way landscape area to five feet wide with no changes to the required plantings along the west property line. Waiver four section 27-284, this is to reduce the 8-foot wide vua right-of-way landscape buffer to three feet wide with no changes to the required plantings along the north property line. Waiver five is to section 27-289 to allow a free-standing sign setback of 10 feet and overall height of 17 feet. The code allows a maximum height of 15 feet. This would allow for a brand standard height for culver's franchising system. Waiver 6, 27-289 to allow a free-standing sign area of 57.17 square feet, including the electronic message center. The code allows maximum sign area of 50 square feet per sign face. This would allow for brand standard sign for culver's franchising system. Waiver 7, waiver to allow a mural to be designated as art and excluded from the overall square footage of the building signs consistent with chapter 4, public art, section 42, definition, works of art or art works. Waiver 8, I referenced previously, but I'll reference it again. Section 27-284 to omit only tree and shrub planting requirements from the required 15-foot use to use buffer on the east property line due to existing stormwater infrastructure. As you'll see in the photo, subject site is the former shells restaurant. This is a view from near dale mabry. Another view. Looking at the site from cleveland. This is looking to the east half of the site. Looking north. South. Immediately east. Looking west. And I do have additional photos if you need to see some additional. Development review and compliance staff has reviewed the petition. We find the request inconsistent with the applicable City of Tampa land development regulations. Should it be the pleasure of City Council to approve this application and the waivers listed above, further modifications to the site plan would need to be completed between first and second reading as stated on the revision sheet. These revisions will not resolve the issue of transportation's inconsistent finding. And I'm available for any questions.

Alan Clendenin

7:20:33PM Council have any questions? Councilman Maniscalco.

Guido Maniscalco

7:20:36PM Can you show me photos of the north?

Christopher Demanche

7:20:41PM Um-hum. Sorry. That's one example.

Guido Maniscalco

7:20:55PM How deep is the property? Does it end at that back parking lot or does it continue facing residential homes?

Christopher Demanche

7:21:04PM There's residential. If you're driving down west cleveland and pass this development, you're going to run into residential.

Guido Maniscalco

7:21:15PM As part of this rezoning reaches beyond that.

Christopher Demanche

7:21:19PM Let me --

Guido Maniscalco

7:21:22PM This is closest to dale mabry. But the property was deeper.

Christopher Demanche

7:21:26PM Yes.

Alan Clendenin

7:21:30PM Showed just the shells property. And then the single-family house behind it.

Christopher Demanche

7:21:40PM I'm looking for the aerial and it's right underneath the photo. The shells -- the subject property, it does go back to the east --

Guido Maniscalco

7:21:50PM Those are two single-family homes north of there.

Christopher Demanche

7:21:52PM To the north, correct. Two to the north of there.

Alan Clendenin

7:21:56PM And to the east.

Christopher Demanche

7:21:58PM And to the east. More further back into the neighborhood.

Alan Clendenin

7:22:03PM Any other questions? Hearing none, applicant. Just want to speak to -- mike carelli, teresa hutchins. I just wanted to speak to culver's and what we bring to the community. I'll be brief. Teresa and I own three culver's in the county, none in the city. We opened our first one in 2017 in Brandon. We have own one in riverview, and we have one in Carrollwood on north dale mabry. Our friends and family members have been asking us for years to bring one to the city. And we think we found the perfect property to bring it to the city, so we're excited to develop it. We bring good food. We have fresh beef, never frozen, great hamburgers, if you never tried them. Cheese curds and fresh custard which unlike some of our competitors, powdered product or package, fresh Wisconsin dairy that comes in. Run it through a custard machine and make it fresh every couple of hours. Very good product. Second thing we bring to the neighborhood and community are jobs. Employs about 60 people. One of the only restaurants give 14 and 15-year-olds a shot. Many times we're the first job and opportunity that a lot of young kids have to start work, build self-confidence and learn to act properly in a workplace. In addition, all franchises and all locally owned, we have a development path for managers that stay with us a long time where they can work into an ownership position. Our two restaurants in Brandon and river view this year, we have two gms been with us since 2017 since day one and both worked themselves into ownership positions. If you ever watched the founder, this is a little bit of food service nerd, they always -- mcdonald's says we're not in the burger business, we're in the real estate business. We sell burgers to develop real estate. Culver's, not in the burger business, we're in the talent development business. We take people, nurture them, keep them, develop them, give them career opportunities they might not have otherwise. Last thing, we like to be involved in the community. We do a kid's night once a month, a kind of halo event. 2.99 kids meals. People who can't afford to normally go out to eat can bring their kids. Caricature artist. Balloon artist, face painter. We give people an experience, like I said, can't normally eat out that they don't have. In addition, we like to ingrain ourselves in the community and support the community, so we do share nights. Recently in Carrollwood, teresa set one up, our most successful share night ever. It was a couple of weeks ago with Carrollwood k-8 by the Carrollwood restaurant. Share night for ese program. They were thrilled. It was twice. We donated twice the amount ever donated from a share night because it was such a big event. Blocked off the entire parking lot and allowed the kids to have a trunk or treat because they don't normally get to participate in things like that. Give you an idea of what we bring. We'd love to have this development go forward and bring it to the City of Tampa. Thank you for your time.

7:25:11PM Council have any questions? Daniel bergen, North Florida Avenue, suite 101, Tampa. [Oath administered] I do. I believe we delivered a presentation earlier.

7:25:38PM It's up. Daniel bergen. We went through this here. This is just some typical site data information here requesting the rezoning to PD due to the drive-through. I'd like to identify because I was understanding that there were some questions about the depth of what we're constructing. Split zoning as staff had mentioned. The entire development portion as far as the building, the drive-through is all within the CG zoning. It's the same as what shells has now. You have back of house and parking that's in the rear, that's within the special use portion of it. And then the CG zoning is what contains the building, et cetera. We're not asking for any variation with respect to that. This is what was gone over earlier. We have the zoning map, so I won't repeat myself. Here is our site. I think this is really important. I've read through opposition. I understand the neighborhood, the Bon Air residents. I've been a professional engineer working exclusively in Hillsborough county for 20 years now. Hate to say that. Dale mabry is an evacuation route. It'S Also An Arterial Road controlled by F.D.O.T. And it's Florida statutes through the department that nonconforming driveways onto arterial road on an evacuation route that don't meet spacing criteria are not permitted. If you were to see, which we'll get to the next slide, shells as it's currently designed and constructed is a labyrinth of nonconforming driveways with no consistent access both onto dale mabry and onto cleveland. As part of our stewardship, we need to create safe, accessible commercial developments within the city with conforming standard driveways that allow for proper turning mechanisms, queuing, that don't bog down roads like dale mabry with a driveway every 15 feet. That's what dot is driving for. That's what is safe for the citizens, and that's what this development is doing. As you can see here, we've consolidated. I'll show you the consolidation before, but we have sidewalk on all sides which is consistent with the code. We have one singular driveway that is removed and offset from dale mabry, which allows people to actually turn onto cleveland and then safely access the site. All queuing is done on-site. That's displayed through the traffic analysis. Majority of the sales are forever increasing with call-ahead or text-ahead orders through uber eats, door dash, those types of ordering services, so we have queuing that is done through parking spaces. The driveway is not just being accessed. You have much quicker in and outs. This is a self-contained development. Again, as the franchisees were saying, this is much more family oriented than you would see with a lot of other type restaurants. So I think most importantly, to understand the benefits of what we're doing is to kind of see what we're asking for and how those improvements are going to take place. So we have several waivers here that I'll just kind of touch on. All of these are improvements. We have some de minimis differences, small, minor differences that are a result of the actual franchisee signage, which is a small differentiation between the city code and the franchise signs. Those are not intentional, but we're asking for consideration due to the standardization of culver's and what they are asking for. It's not anything outlandish or crazy. Currently, there really is no vua or right-of-way landscaping. It's a sea of asphalt that lines cleveland and dale mabry, right? So we're trying to increase that. We're not asking for reduction in planting requirements. Just asking for reduction in width. This will be a beautification in the end compared to what is currently there. I was talking about the driveway. I know that is a waiver, but it is a requirement by dot. That driveway would never be permitted by dot if the site were to be redeveloped, they would require us to access a local road. We don't meet any of the criteria to put a driveway on dale mabry for the site. And this is what I was discussing earlier. If you were to go and visit here, shells has been closed for a little bit but a lot of people are probably at press box tonight. So you have basically one continuous open driveway along dale mabry, which is a huge safety issue. That's just not something that could happen. It's unsafe for pedestrians. Unsafe for accessibility. No one ask access dale mabry safely from this site. It's just completely irregular and nonconforming. Then you have three separate driveways that access cleveland. So how someone can determine where you turn in, where you turn out, this is just one accident waiting to happen. If another restaurant were to come occupy this building, those safety issues would then be of more concern to the city. We're trying to improve all that. We do have some concerns between natural resources and stormwater. We're really indifferent. If you want us to have plants in the pond, we'll put cypress trees. If you don't, we won't. That's something that's kind of going on back and forth. But it is fair to say there is an existing buffer with oak trees. There is a wall on the east side of the parcel. I have not seen any concern with respect to our buffering from the eastern residents. It seems to be all driven around the driveway. That being said, the driveway location, if shifted towards dale mabry, really would not create anything but more safety problems. It's not going to dictate the number of trips that go down cleveland. It's not going to determine the number of thru traffic or thru streets that happen in and around dale mabry. Those are already there. All it's going to do is by keeping the driveway where we are at and it is offset from the other driveway specifically across the street is it's going to allow for proper turning and queue length and detention time for someone to get on to cleveland and then access our site safely, as well as pedestrians. Right now, if we were to move it closer to dale mabry, the person would turn on to cleveland and then turn right in and it would be too much -- that's why there is spacing criteria. We would be outside of that. We're trying to maximize the safety operation and maximize the on-site storage so there are no issues with cleveland. This is the proposed access here that we're showing as well. We do maintain cross access with press box. It's already in existence. I'm available for any questions.

7:33:06PM Councilman Maniscalco.

Guido Maniscalco

7:33:08PM While I appreciate the presentation, if you look at the existing shells property now, you have that access off dale mabry, which that would go away. A lot of the traffic would come off dale mabry and go onto the property. The access points on cleveland, you show that there are three. They don't go as far back -- the commercial property across the street stops here. The access points are here, and then you have the residential homes. My concern is, the ingress and egress here on cleveland, it's facing people's houses. There are two houses there in their driveways. I understand because of F.D.O.T., if you are going to change it, they want to close off that dale mabry access, the neighborhood is not used to that, so it would be -- it would appear to be like more traffic going on cleveland, even if you had like a no right turn and make folks turn, take that left on dale mabry to get out --

Alan Clendenin

7:34:10PM Remember, this is question and answer time and not testimony time. If you get to a question.

Guido Maniscalco

7:34:18PM I'm good. Thanks. Dot doesn't allow right-out only currently on arterial evacuation routes. That's in the past. I've been working on these sites for a long time. There is going to be no permitted driveway access once the site is redeveloped or if shells were to be reoccupied because of the duration it's been shut down it would be reconsidered for all access points onto dale mabry. The dale mabry access is not ever going to happen when this site comes back into consideration and reused. There will be an access onto cleveland. It's a matter of what is the safest and best. And that's what we feel we're proposing. The driveway location being where it is, is still -- it's still conforming. Yes, it is beyond the 150, but that is a more desirable distance with respect to safety.

7:35:21PM A question would be, you talked about the 150. Is there any way to move that ingress/egress closer to dale mabry and make this work so it's not going into people's -- facing people's properties as folks are coming in and out? Make this go away. I feel this is an accurate design. It's the best design. It's the safest design.

7:35:51PM We still have to hear from the public. My idea would be so it matches the -- is there a way to move the entrance way from cleveland closer to dale mabry so it at least lines up with the commercial property there and doesn't encroach on to the residential side? I know there are parking spaces there, but shift it over and close off that area so you're not going into people's, facing people's driveways. Would make tangible impact. That's a truthful statement. I think our concern is that we're going to want to meet dot criteria, spacing criteria, and keep the cross access aligned with press box as it is, so that's why it's where it's at. If we shift it 25 feet, I think they would still have an issue. The main issue is that it's on cleveland. If I read through the opposition, it's that it's on cleveland. That's unavoidable.

Alan Clendenin

7:37:13PM David? Who is over there? Jonathan. All I can see is the top of a head. He's got hair. What was the question, sir?

Guido Maniscalco

7:37:27PM The question was, can that ingress and egress off of cleveland be shifted closer to dale mabry and meet, for example, with the commercial property that's just to the north because there is a commercial property and then the residential begins, so the cars aren't going in and out facing people's driveways, basically closing it off there and making the ingress and egress closer to dale mabry, shift it over. The way they designed this site, once again, we got the Solid Waste coming in and everything else. And they did have intentions of pushing it farther away from dale mabry for access as well. Could it be done? Yes. But talking about another redesign. In my opinion it's not a good idea. I think the way they did it is good. I respect the other professional engineer that has put testimony into that fact as well.

7:38:30PM Thank you very much.

Alan Clendenin

7:38:30PM Councilman Miranda followed by Carlson.

Charlie Miranda

7:38:33PM Thank you. I appreciate everything you said about your business and your company and so forth and so on, but this is about zoning, not about what you do for your employees. But I really appreciate it because I'm a customer of yours. I go all the way to the one by the outback, and I go past it and I make a left-hand turn and I get on the west side of the road because there is an entrance there that the road is only for your entrance, am I correct?

7:38:58PM Plastic --

7:39:01PM Once you get in there, you drive right into the place. Don't have to worry about the traffic. Drive in, go around and parking on both sides of the north part of your building next to the outback, facing the outback, then you have the side entrance door, you come in, go in and order and sit down and your drive-in window is to the south. Old Hudson nursery site.

7:39:30PM I understand we have an ingress and egress problem here. Not a product problem. You're going to be very well received whenever you go. However, there is a neighborhood behind you. Everything that's happened today is in district 6. And this is also in district 6. I'm just listening to everyone. You heard what happened on Hillsborough Avenue. We tried to work things out. We're not trying to hurt anyone, yourself or the neighborhood, so we have to come to something to work out if possible. Notice I said it very clearly, if possible. I've taken a lot of people there because I like the product.

Alan Clendenin

7:40:16PM Remember, this is q & a time.

Charlie Miranda

7:40:19PM I've got three minutes.

Alan Clendenin

7:40:20PM It's q & a time. We'll have that part after we close the hearing.

Charlie Miranda

7:40:25PM I'll stop right now. Involved with that development there when they converted over with cheddar's, outback and culver's --

7:40:35PM I'm not talking about that. I'm talking about where you are at. That was the Hudson property. Hudson lane and dale mabry on the west side of the road in Carrollwood. I go there with my buddy Andy Scaglione all the time, suck those down.

Alan Clendenin

7:41:00PM This is q & a. Criteria is what it comes down to, right? So we have limited -- we don't have sufficient spacing between driveway accesses to access dale mabry. That's what we were testifying. It's not something that I am making up. It's not something that is desirable. We do not under any circumstances through waivers, special design exceptions meet spacing criteria for dale mabry access. That's nothing that I've come up with. That is from the state. Couple it with an arterial road and evacuation route, we will not be able to access that. That section of dale mabry and that particular property has multiple front -- it's very long frontage. Bifurcated the property with singular right in, right out access and that's how they accessed that point. It is a different scenario. It is a much more developed complex and retail center versus this is a single use, single parcel retail center.

7:42:04PM Councilman Carlson.

Bill Carlson

7:42:05PM I wonder if Jonathan could come back out and maybe the applicant could respond to whatever Jonathan says. So he was talking about the F.D.O.T. Rule about not allowing access on a hurricane evacuation route. Hopefully I characterized that correctly. Under what conditions -- are there no conditions under which that would be grandfathered in? Like if shells came back and used exactly the same building, same footprint, would they be allowed to do this? What other uses would allow the dale mabry access that would then trigger and what would then trigger this to require it to be shut off? Thanks for the question. If the use didn't change, they obviously could use it the same way. The way dot looks at it, they consider if there is a significant change, which would mean basically any kind of change in use or in trips, then they have this distance separation requirement for the driveway. Another professional engineer mentioned and absolutely correct, it wouldn't meet the criteria and wouldn't --

7:43:17PM Specifically in this case, what is it that's changing? Other roadway.

7:43:27PM If they had somehow been able to keep the exact same building, wouldn't trigger it. Change it until that time.

7:43:37PM Thank you. It has to do as well how long the business has been shuttered. Any sort of redevelopment now, if -- new state statutes and this is from a few years ago, any development that is done along dot right-of-way has to go in front of dot. If you were to come in and do anything of the slightest modification to that building, it would trigger a dot review, even if it were to be something as minor as putting a canopy or any sort of site improvement work. Also, if the building or the business has been closed for a certain duration, I believe it's two years, then the use is no longer grandfathered. So the longer something stays closed, then it has to go back in front of dot. This is their way of systematically completing safety upgrades along arterial roads.

Alan Clendenin

7:44:39PM Anybody in the public wishing to speak to the item? It will be one at a time. You can stay comfortable, like three at a time if you line up against the wall. When you start, come up to the podium, start with your name. The timer will come on. Thee minutes. Yellow light comes on, you still have 30 seconds left. Always start with your name. Has everybody been sworn in? Did somebody say they have not? Okay. If you have not been sworn in, please stand, raise your right hand. If you testify on either of the two remaining hearings, stand, raise your right hand and be sworn in by our clerk. [Oath administered]

7:45:25PM One at a time come to the podium. Start with your name, please. Good evening. My name is David kozlowski. Very happy to have the opportunity to speak here. I have a lot of neighbors here. I would like to start to say that there couldn't be a greater difference in opinion and view than what's been presented to you folks tonight. Culver's talks about being engaged in the community. Culver's has not reached out to anybody in the community. As a matter of fact, the community has reached out to the developer or the engineer of record for culver's, and we from the onset discussed the concerns with where this entrance is going to go. This construction is not consistent or compliant with the City of Tampa's rezoning staff report. The proposed construction, if approved, will immediately subject a heavily occupied residential neighborhood with a very high concentration of children to immediate safety risk. This is a very vibrant neighborhood. Every single house on that block has two or more children that are from infants all the way into middle school, high school, et cetera. It's a very busy street. Encourage anybody to drive down that street any afternoon or evening hour and you will see residents taking advantage of that street. There are no parks in that neighborhood. And we are talking about encroaching on to what is currently being redeveloped. If you looked at the newer homes that are on the street, you'll see a new home under construction right now, a multifamily home, four-bedroom home. My home, five-bedroom home. All these other homes. This is a very, very highly residential utilized neighborhood. I feel like these concerns have probably been addressed previously by some council before this time here because this is zoned residential, half of that area is, and there's been a brick wall that's been built there to protect the homes of my neighbors that are directly across from that commercial, slash, residential property to shield that neighborhood from these things that we're now trying to take away. It's really sad, if you guys saw the neighborhood, I think you'd have an understanding of what we're talking about here. The community, this has been an area that's been -- that has been neglected. The community has come together. Raised over $25,000 to plant sod, plant trees. If you guys look at the stormwater, they are talking about possibly knocking down an urban forest. Look at the trees around the property to the east. That's my property. These are old growth oak trees here. This would significantly affect the neighborhood here, folks, and then there are a couple of other things, too. Buffer agreement under Tampa code 27 commercial transition, city is supposed to maintain a step transition between these commercial zones, intrusion of commercial, inconsistencies with imagine 2040 comprehensive plan. There are so many things that are being overlooked here. I think you guys would have an opportunity to hear from and talk to the rest of my neighbors here. I strongly oppose this rezoning.

7:48:33PM Thank you very much. Hello, sir. Start with your name, please. I want you to listen to how this is being proposed and the language that is being used as a perfect solution. It is, in fact, a perfect solution based on not being able to meet the requirements of several different code requirements, which is why the variances are being requested. As an architect, I'm generally prodevelopment. In fact, I previously spoken before City Council advocating for approval of other development projects. Many of my fellow neighbors share my perspective. We are not antidevelopment, but this particular project makes little sense, and it is questionable at best in this particular location. I'd like to draw upon my nearly 30 years of professional experience as an architect and focus on three specific regulatory concerns. First, Tampa code section 27-283-12j which seeks to minimize the impact of nonresidential traffic on residential neighborhoods. Yet, this proposal directly directs as primary public street access to cleveland street, a local neighborhood road 200 feet from dale mabry, which exceeds 150-foot standard and requires a waiver. This applicant has not demonstrated why this exception is justified or how traffic and potential drive-through queuing will be kept off cleveland street. I know that we talked about traffic studies that have been done. We said the same thing about the trader joe's on swann, and you all know how that backs on to dale mabry and swann. Second, section 27-136 and 138 which establishes Planned Development standards addressing neighborhood compatibility, appropriate site design, and adequate street infrastructure. To this point, the proposed commercial driveway and vehicular circulation encroach into the residential transition area, placing restaurant traffic approximately 50 feet from the existing homes and well within the realm of the existing neighborhood. Third, section 27-139, which establishes criteria for granting Planned Development waivers, including considerations of impact on nearby homes. This application is requesting waivers including 7 to 8 different waivers, including reductions that require landscape buffers along cleveland street. For those reasons, I respectfully ask council to deny this rezoning. This is simply not the project, the right project for this neighborhood.

7:51:34PM Thank you, ray. Next speaker. For those of you speaking, if somebody already testified to something, you can always say you agree. You don't have to repeat what somebody else said.

Martin Shelby

7:51:52PM Mr. Martell, is David rydeen here? You are waiving your time, three minutes for an additional minute. That will be a total of four minutes.

Alan Clendenin

7:52:01PM Start with your name. You have four minutes. Neighborhood association president. Submitted a letter. Hopefully council had a chance to review it. I think the applicant did as well, attempted to counter a couple of things. Quickly, we met twice within the last three weeks. One more informational, second a formal meeting, formal vote. Hundred percent of the residents that attended that meeting voted to oppose the project. I'd like to present a couple of quick points. I know I only have a certain amount of time. Rezoning staff report, of course, inconsistent. To me, also professional engineer, also in the land development industry for 25 years, these are what I consider heavy waivers. The access location, the reduced buffers, obviously, we have an 8th buffer now as well. These are significant in my opinion relative to any rezoning or pud consideration. The access on dale mabry is being removed. I heard the testimony. Right-in only access be attempted, that coordination with press box, which I think has some common ownership with this property be attempted or any solutions attempted other than to simply say evacuation route. There's nothing I can do. Put my driveway on west cleveland, set back further than 150 feet. It was exhibit presented and one of the councilman pointed out a couple of times it is directly across the street from two houses. I would further that statement, not only talking about culver's, talking about cross access with the press box. We're talking about late hours, midnight, 1 a.m., 2 a.m., 3 a.m., I don't know what time the employees leave, coming out and with the headlights directly across from two neighbors. Property is commercially developed. Use and character is different. The masonry screen wall being removed, 70% of it along west cleveland. That was previously considered by whoever zoning staff, Planning staff, City Council to put there. That essentially protected the rear third of the property which is residentially zoned. That's being removed. Treasure closure introduced, drive-through introduced, cross access with press box exit introduced as well as the additional traffic. The reality is the property is too narrow. Asking for a buffer on west cleveland. They are asking to have a site plan with no bypass lane. We've seen no queuing study, at least to my knowledge. Five or six cars in this queue, no double drive-through that all major fast food people are using today. This property will back up. The queue will go past five or six cars. I don't care about pick up and all this. People will park on west cleveland and that is the reality. Also zero setback to press box or close to zero setback as well. Waiver on west cleveland is significant as well. Masonry wall should remain. Buffer in tact. 8th waiver to the rear to the east. Other reality here is that the press box and shells albeit maybe slightly different ownership, maybe same family trust. Cross access, cross parking. The employees for press box park behind the shells. The customers park behind shells. We're going to remove most of the press box parking. So we're not just looking at the culver's property here, we're not just looking at cleveland, we're also looking at the next street to the south. I don't think this council has anywhere near enough information to even consider this application. I think there's considerations with press box. I think there's further need to push dot to consider at least the right in at a minimum. There's stormwater management requirements. There's landscaping, and there are other things as well. On behalf of the neighborhood association, we request that the City Council deny this application. They didn't reach out to us to meet. There's been no neighborhood coordination. The only reason I heard today is they can't make the dale mabry driveway work, then the use doesn't work. Period. They are asking for a rezoning. They are asking to look to use the rear third of the property in a completely different character and use than today. It just doesn't work. It's too narrow and the commercially zoned property is not -- thank you very much.

7:56:10PM Thank you very much. Next speaker. Start with your name, sir. Shawn Wilson, 371 West Roland Street. I'm the past president of the Bon Air neighborhood association for many years. I also sent you all a letter. Gosh, if they are so community oriented why didn't they ever reach out to the community? To me, that speaks volumes. How can we believe anything that they have said? Now, it's not just about the driveway location. It's also, as you heard, they are removing a wall. That wall is a treasure. We love that wall. Our neighbors have adopted that wall and the swale and it's planted. I know you have driven this neighborhood and I invite you to come walk the neighborhood and you will see that it is very vibrant. The existing traffic pattern works. Right now, there's about a 4500 square foot restaurant, used to be shells. Was there for decades. The traffic works. They are proposing about a 4,000 or 4500 square foot restaurant. I'm going to do something that maybe my neighbors don't want. I'm going to invite culver's to come to the neighborhood. Bring your custard machine. Bring your fresh beef. Load them up, put some chairs in, paint it, hang culver's sign up and start selling hamburgers. But you don't need to demo a building and build a new building which is the same size and ruin that whole area. I would love to see as I put in my letter, the city incentivize the owners to maybe do a kind of grand redevelopment, demo the press box, demo shells, come back in with a bigger building that's fronting out on dale mabry, but that still retains the driveways that are aligned with the current commercial driveways both on the north and the south so we're not moving driveways into the neighborhood, leaving the driveways where they are. I mean, I think that would be a great idea. That would be a true community redevelopment. But what they are proposing is not. And now I heard tonight that maybe somebody wants to remove all the beautiful oak trees that are on the east property line that are right next to Mr. Kozlowski's house. We're definitely -- I mean, I will hug those trees. Those trees are not going to be cut down. The storm drainage works. The circulation works. It has all worked for decades. TPD knows how the circulation works. The neighbors do. You all know how the circulation works. There's no reason why it can't work just because now they are selling hamburgers instead of fish sticks. I don't see what the hullabaloo is about here. The other thing, you are putting in fast food where there is no fast food in our neighborhood. We host many great restaurants that you all know. They are locally owned. Olivia, we just got sodo, now violet stone, I think, is coming in where renzo's used to be. We love restaurants. But they have to stay on the perimeter. They have to stay on the perimeter. Again, I urge you to not approve this. If they want come in, again, sell hamburgers in the existing building, I think I heard that they can keep the driveway on dale mabry, that's great. Thank you very much.

7:59:23PM Thank you. Next speaker, please. Start with your name. Kelly holbrook, 3700 West Cleveland Street. I know there are a lot of our neighbors architects. I'm not an architect. I'm an attorney, but I'm not here today as an attorney. I'm here today because I'm a mom and a mom who lives on the corner of cleveland and sterling. I bought my house because of the community. There was a swing in the front yard, and that was one of the selling points for me. We are an active, active community. Our kids are not on games inside. They are outside playing. All of us know each other because we're also outside socializing. On the exact street that they now want to place all of this traffic. I know they said they are for community, and that's fantastic, but we are the community, and they also said that it's not safe to have that traffic backing up on dale mabry. You know what is also not safe? Having the traffic back up on our family street where our kids play. I am absolutely opposed to this. It is a round peg in a square hole. And I hope you all consider this is not the right use for this property. Thank you.

8:00:49PM Thank you very much. Next speaker, please. Start with your name. My name is Christopher henry. I'm a resident at 3620 West Horatio Street, few streets down from where this is proposed. I want to just echo all of what my neighbors and friends have been saying. Hey, I would love to have a culver's here. I think it would do really amazing business. Look at what the chick-fil-a does with two drive-through lanes, constantly backed up. I'm just here to protect my neighbors the way I would want to be protected. I would just ask each and every one of you, would you want to see a traffic jam at every lunch and dinner hour seven days a week. I wouldn't. That's why I'm here at my first council meeting. I hope you guys can consider what we're worried about. Thank you.

8:01:40PM Thank you. I appreciate your brevity. Next speaker, please. I'm brooks wright. I live at 3711 West Cleveland Street. There's been a lot of talk about safety. I completely understand that. I'm an emergency medicine physician. I work at a trauma hospital. I have children. And I am concerned about their safety with this current proposal. So I'm here today to oppose this currently out for culver's. I'm not opposed to culver's as a business at this location but I'm opposed to the layout as everybody else previously spoke about. I know that there's confusion about whether or not a wall is being removed. If you look at the current proposal, a wall is being removed. I know that people are saying that it's not, but this is going into my neighbor's driveway and then it's going to be sharing my driveway, too. I feel like I'm mirroring the last concern from a different project, but I have two young children myself, which includes a six-year-old autistic, nonverbal child who is prone to running away. Beyond my own family, our block is home to several families with children who require protection. The constant influx of hundreds of cars directly facing our driveway creates a high-risk environment for my special needs daughter and causes ongoing anxiety for my family that I feel is unnecessary. When I bought the house in 2021, again, there was a barrier that was existing. I bought the house knowing that there's ample distance between me and the business that was already there, shells. This new proposal completely will get rid of the barriers that I felt comfortable with when buying my house. Everything else that I would have to say at this point mirrors all my neighbors' concerns, so I'll end it here. Again, I really thank you for your time and consideration with this. And this is very important to all of us. Please think about us.

8:03:52PM Thank you, doctor. Next speaker, please. I wanted to show a picture of the wall that everyone keeps talking about. Perfect. This is the picture that no one has really seen yet because it doesn't favor this movement. This is brooks' house right here who just spoke. This new driveway is going basically right here. You can't even see the whole thing. And this is the wall that's going to be taken down to accommodate this development, this rezoning of this property. I think it was also a -- there's about half of the sidewalk or they are replacing all the sidewalk. Half the sidewalk is already there. They are just changing the setback, which they are asking for. Now they'll have to replace the sidewalk. That's that. I also live, just so you know, a lot of the neighbors here, here is the shells. I live on this corner here. On this corner into our entrance of our property, of our neighborhood and at the other entrance here, there are multiple no semitruck signs. So I ask, how is this going to go through -- how are these trucks going to service this business? We already have a problem with the semitrucks pulling in and out. We deal with it. We understand we are a cut-thru neighborhood and have a lot of traffic. We deal with a lot of traffic. We deal with it. We work with the city quite a bit on stop signs and road calming devices and work with the local PD, everybody cuts through on dale mabry and Kennedy. I just wonder how the bigger semitrucks are going to service these businesses if the only entrance is now off of cleveland, when you're not even allowed to pull semitrucks into the building in the first place. I have three kids. Often playing in the streets. Brooks, too. Like they said, dozens of kids on the street playing and doing what kids should do. They should be outside. All my other points kind of echo what everyone else has already said. I want to bring up a couple of other points that kind of isolate just why this site doesn't work. Culver's, on the site plan that they proposed, there is no car stacking in there. I don't know why. Each of the other drive-throughs earlier showed cars stacking and there was identified car stacking. This isn't shown on here. My question is, how many cars are going to be stacked? I think it's not favorable, which is why. I would say that the traffic count for culver's is 500 to 700 cars a day. That's just a typical qsr drive-through. So where these cars are going to stack during their peak hours which would be during lunch?

8:07:16PM Thank you very much. Thank you. Next speaker, please. Start with your name. My name is Michael lorenz. I'm at 3705 west cleveland. I had a letter my wife wanted me to give you guys.

8:07:32PM Hand it to our attorney. Like all my other neighbors, we have 15 actual children on our block. The new house that's being built across the street from me, we're going to add another one. It's very exciting. We moved in approximately 11 years ago. At that time, only had nine. We're quickly growing and community. We have young kids. All we care about in our neighborhood is the safety of our children, especially in this world of electronics, we don't want that. We want them to grow up like we did. Outside in the neighborhood with their friends. For brevity, I agree with all my neighbors who believe safety is paramount and most importantly we want to keep the character of our neighborhood and this proposal doesn't do that. We aren't against business by any means, but we would want a business that represents our neighborhood in the best light. Thank you very much.

8:08:34PM Thank you very much. Anybody else that wishes to speak to this item? Hearing none, applicant, would you like a rebuttal? We'll try to go systematically through some of the opposition concerns and neighborhood concerns. I think we'll start first with the drive-through ordering and stacking and operation that will take place at the restaurant. That was a concern. If you want to talk to that. Because the cars aren't drawn on here. But the arrows show the flow. Sorry we didn't draw the cars on here. We tried to design the site to have as much stacking as possible. We tried to design it with a double side by side drive-through, but we were told the building had to be as close to dale mabry as possible. We changed that to a double tandem truth. It's two order boards linearly in a line. We can push a lot of volume through and we have it set up so the cars can wrap all the way around the building no matter how busy we are, hundred percent of the time, all the stacking will happen on the site. Do you want to explain the flow here a little bit? I'm teresa hutchins. In addition to the tandem drive-through, at peak time, so during our lunch rushes or our dinner rushes, we also put tablets out there. We'll have four order takers, maybe five or six, out there taking orders. The cars will not back up onto cleveland. Send the ipads out to keep the line down. If the line is too long, not good for business and we don't want that to happen. In addition, there was talk about the commercial trucks, and I'm not the engineer, but nobody even mentioned the fact that we have cross access and we have Platt Street. I believe even the trash trucks are Planning on coming through from the press box site on Platt Street. They weren't Planning on coming through on cleveland. I understand the neighbors have concerns, but I think that got entirely missed that cleveland isn't the only access point. People could come through on platt, cross through the back of the lot and get to culver's. Commercial trucks can go through there as well. I believe we designed the trash to line up exactly with the press box trash so trash truck can come from platt, pick it up from press box, pick it up from us and then leave. I think that was missed in some of the opposition. Also, if you look at the exit, where we have the cut to cleveland, it doesn't technically line up with two homes. It lines up with one. I understand, if I was in the home I would have a complaint, too. It's not two. It's one. Children. It's valid. This is a highly traveled suburban, slash, urban area. And we are restricted to the access point. I promise you that. So I keep reiterating that. I think the city has spoke to that, our access, whether it's 150, 100-foot or 200 feet, whatever gets developed here will be accessing cleveland. In that consideration, we do not want to be bad neighbors. To Mr. Miranda's request, we could possibly shift it 25 feet west and I would have to confirm with dot that that would be an acceptable distance, but that is something that we could do to try to avoid less conflict, intrusion into the neighborhood, but we are dealing with one owner, one parcel, single-family residential that it is aligned with, so we would be able to shift it further away, but the residents that are to the east of that, this is -- it's a commercial use. The use itself is permitted as a commercial perspective, and we are just, if the driveway was moved closer to dale mabry, which would be nonconforming with dot, it would still access cleveland. So as much as I understand their concerns, there is going to be an access to cleveland. There's currently access to cleveland. This is a much safer, consolidated, singular city standard access with defined pedestrian sidewalks. If you were to go there now, you would see a sea of asphalt, 150 feet long, that does not define where cars and where people and where bicycles go. There is no buffer. There is no anything. And to say that would stay in its existing condition would be unfortunate.

8:13:25PM Thank you. Can I get a motion to close? Motion to close first and then we can discuss.

Charlie Miranda

8:13:32PM I make a motion to close.

Alan Clendenin

8:13:34PM Motion to close from Miranda. Second from Hurtak. All in favor? Aye. Opposed? Ayes have it.

Charlie Miranda

8:13:40PM The difference I see and what I've seen before this company, talking about urban and suburban areas and vast difference. Where I go to, there are no houses. There are no relatives, no friends, no dogs, there's no human beings around other than big business. Outback on one side, road -- your company is a great company, but you're in the wrong, in my opinion, you're on the wrong property, because now you are touching people's lives that you don't touch where I go. It is a different complete area, different mindset. Everything is different. I'm not trying to be a preacher. I'm not. But what I see in business, you have a great business, but a wrong location. You are interfering with the lives of people. Here again, I'm not against you or anything else, I'm not speaking only for myself. But what I see here, I mean, seven different --

Alan Clendenin

8:14:57PM Eight waivers.

Charlie Miranda

8:14:59PM Site plans and waiver plans, south setback and west setback, and data table and south back to the west, 27 feet, I've never seen hardly so many of these in one zoning area. It's just not feasible to do this. It's about lives. It's about living. It's about understanding watching the birds fly. We don't have none of that over there. You have a great business. And you're in the wrong location.

Alan Clendenin

8:15:29PM This area of Tampa unfortunately experienced more than its share of burdens. This particular location, Councilman Miranda said, obviously, it's a great location. It's why you like it, but it is just the wrong application for this location, fast food restaurant with the drive-through with the intensity and the amount of waivers. It's too much on this particular parcel. The burden again in South Tampa, the residents, it's been too great. This would fit in a more suburban area burr not in this location. Councilman Viera.

Luis Viera

8:16:15PM If a motion was made, I would support. I'd like to explain my vote on things like this. I think Councilman Miranda did a great job of that. In the sense and the waivers here I think go too structural to the surrounding properties. In terms of the reasonable use of the surrounding properties. And like Councilman Miranda said, your company is wonderful, and you guys seem like I believe very sincere people who are here as professionals wanted to work with the community and run a business and create jobs. I go to the one in lutz, I mean a lot and the one in wesley chapel.

Alan Clendenin

8:16:57PM Those cheese curds.

Luis Viera

8:16:58PM I'm a fan. I really am. Again, in this particular location, I think it'S Something That Poses Way too much of an unreasonable burden on the surrounding neighborhood. I always like to explain my vote. But thank you.

Alan Clendenin

8:17:09PM Any other discussion? I'll defer to Councilwoman Hurtak for a motion. Hearing none, Councilwoman Hurtak.

Lynn Hurtak

8:17:14PM So I'll just say I've been here for several years now and I've never seen eight waivers. That's just not something that people bring to us. That's absolutely shocking that you could solve at least some of these. I move to deny rez 26-88 for the property located at 202 South Dale Mabry Highway 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. I also adopt the findings of City staff reports. Particularly the waivers are not in harmony or serving the general intent or purpose of chapter 27. Also, the PD plan requirement section 27-136 subsection 1 does not promote the efficient and sustainable use of land and infrastructure with careful considerations of potential adverse impacts to surrounding impacted neighborhoods and subsection 6 does not promote and encourage development where appropriate in location, character, and compatibility with the surrounding impacted neighborhood built environment and existing geography. Someone mentioned a square peg in a round hole. This is a very suburban type of environment that you're trying to bring to an urban area. I suggest that you really revisit what a site plan might look like in an urban area.

Alan Clendenin

8:18:52PM Thank you. Motion from Councilwoman Hurtak. A second from Councilman Miranda. Any further discussion? All those in favor say aye. Aye. Opposed?

The clerk

8:19:04PM Motion carried unanimously to deny.

Alan Clendenin

8:19:09PM Thank you. Moment for the room to clear. Item number 10, we'll close it out. Bring it home.

Christopher Demanche

8:19:36PM Thank you, Mr. Chairman. Again, for the record, Christopher Demanche, Development Coordination. Agenda item 10 is rez 26-99. This is a request to rezone 1728 east 2nd avenue, 1704, 1720, and 1722 east 3rd avenue from YC 6 and YC 9. YC 9 approved for residential multiple family to YC 9 for retail sales shoppers goods and all CG uses. I'll turn it over now to Planning Commission staff.

Quinn Steele

8:20:24PM Quinn Steele, Planning Commission staff. This site is within the central Tampa Planning district. The Historic Ybor neighborhood, Ybor City local historic district and evacuation zone a. Additionally portions of the site are within the coastal high hazard area. Subject site is outlined in purple. Surrounding area contains a mix of residential, commercial, office, and light industrial uses. Ybor City in this area has increasingly transitioned from light industrial uses towards a more urban mixed use development pattern. Adamo Drive and the selmon expressway are one block south. And we have the port down here as well. This map shows the site designated as CMU 35, and GMU 24. CMU portion of the site allows up to 2.0 far without a bonus because it is within the Ybor City local historic district. The surrounding area contains a mixture of future land use designations including light industrial to the southeast, UMU 60 to the south, rmu 100 to the southwest, which is the Channel District. Cc-35 to the north and UMU 60 along the 7th avenue corridor. The request is to rezone from YC 6 and YC 9 to YC 9 to allow residential -- sorry, excuse me, retail sales, shoppers goods and all CG uses. The PD proposes a 1.11 far within the CMU 35 portion of the site with parking in the GMU 24 portion which does not require a bonus. Planning Commission staff reviewed the request and found it consistent with the surrounding development pattern and the historic character of Ybor City. The existing building is located close to the right-of-way with entrances and sidewalks connecting to east 2nd avenue, north 17th street, and angel olivia senior street. Site also provides shade trees, bicycle parking and screening around the surface parking areas. The site is well serviced by transit, including the TECO streetcar and HART route 8 and approximately one block from East Adamo Drive, a designated transit emphasis corridor. Overall the request provides infill commercial development that supports the evolving mixed use character of Ybor City while addressing the pedestrian connectivity, transit access and historic compatibility and is consistent with the comprehensive plan. That concludes my presentation. I'm available for any questions.

Alan Clendenin

8:22:35PM Any questions? Hearing none.

Christopher Demanche

8:22:45PM For the record, Christopher Demanche, Development Coordination. I do want to mention that after my presentation, we do have member of historic staff here to speak before the applicant jumps up. Mention that on the one from earlier in the evening. The subject site is comprised of four parcels. The property here noted as YC 9, this will be parcel 1 on the site plan I'm going to show you but we also have parcel 2, parcel 3, and parcel 4. Looking at surrounding uses here, north of the subject site we do have retail uses, restaurant use. South of the subject site we have indoor recreation, which is a pickleball club. East of the subject site we have Business Professional Office uses, warehouse uses, and then west of the subject site we do have automotive repair uses. We also have west of parcel 4 we have some vacant parcels and then northwest of the subject site, we do have residential multiple family. The site plan proposed by the applicant shows adaptive reuse of an existing warehouse which is on parcel 1. Parcels 2 and 3 are proposed for surface parking. Those provide approximately 31 parking spaces and parcel 4 would provide an additional 15 surface parking spaces. There are sidewalks proposed along the perimeter of parcels 2 and 3 and 4. The site plan depicts five and six foot sidewalks adjacent to parcel one on East Third Avenue and angel olivia senior street and parcels 2 and 3 depict 6.5-foot sidewalks along east 3rd avenue and along the west side of angel olivia senior street and five foot sidewalks on the south side of east 3rd avenue and north 17th street. Next we have proposed elevations. These elevations show how the existing warehouse would be transitioned to provide the proposed retail sales, shoppers goods and CG uses in general. There are two waivers requested with this application. The first is 27-178. This is to reduce the required number of overall parking spaces in the YC zoning district from 86 spaces required to 46 provided. This would be a 47% reduction in the second waiver section 27-283. This is to reduce the required backup width for standard 90-degree parking spaces and compact 90-degree parking spaces from 7 and 6 feet respectively to four feet. We'll show parcel 1. This is the existing warehouse. This is from east 3rd street. This is the view from angel olivia senior street. And the back side of parcel one along east 2nd avenue. These are parcels two and three proposed for parking. This is from east 3rd. This is parcel 4 which is further west of parcels 2 and 3 along east 3rd avenue. This is north of parcels 2 and 3. Next we have what would be south of parcel 1, the warehouse. South of parcel 4. This is east of parcels 2 and 3. East of parcel 1. West of parcel 1. And then, of course, west of parcel 4. I've got one last one I'll share. This is a warehouse use. This is located between parcels 2 and 3 on the east and parcel 4, which would be west of that property. Development review and compliance staff has reviewed the petition. They do find the request inconsistent with the applicable City of Tampa land development regulations. And should it be the pleasure of City Council to approve the application and waivers listed above, further modifications to the site plan would need to be completed between first and second reading as stated on the revision sheet. And revisions would not resolve issues related to transportation's inconsistent finding. I also want to note with it being in the local ybor historic district, this one did go before the Barrio Latino Commission, and the Barrio Latino Commission reviewed the reference request for the property located at 1704 east 3rd avenue, 1720 and 1722 east 3rd avenue and 1728 east 2nd avenue at its meeting held on September 22, 2026. And the BLC voted to recommend approval as presented at that public hearing. I'll yield now to historic staff and be available for any questions.

Alan Clendenin

8:28:42PM Council have any questions? Hearing none, go ahead. As Christopher mentioned, the BLC heard this and recommended approval. They also approved the two parking lots through separate certificate of appropriateness through the Ybor City new parking codes. I'm here for any questions.

8:29:02PM Any questions? Hearing none. Thank you. Applicant?

8:29:33PM I don't even think you need it.

8:29:41PM Cttv, do we know what's going on here? We can see your laptop. It's just not projecting. Never seen that before.

8:30:12PM 1996. I wanted to provide a little bit of context on this project. We actually came before City Council I think a few years ago to bring it to a YC 9 zoning, which is effectively a PD. We purchased this primary building about ten years ago. And it's gone through a couple of different iterations. We previously rezoned it for office and art studio use. In that rezoning, there is a small, about 8,000 square foot west section of that warehouse. Looks like it is two buildings. It is the same building going to be used for parking. Ultimately we weren't able to make that concept come to fruition. Over the past year, we have negotiated with and finally signed a lease with a large regional showroom tenant. They operate show-rooms across the southeast where you're able to go in, take a look at various kitchen, bath or appliance packages they have and then buy it there and they will SHIP it to you. They don't have inventory on-site. Not like an ikea, you don't walk out with big boxes. You'll order it there and SHIP it to you. We're excited to bring this use to ybor. They made a big commitment, both we and they are going to be spending significant amount of dollars to rehabilitate this historic warehouse. Contributing structure. And we're hoping to get them open in 2027. As part of the use, they will need some parking. This building is lot line to lot line. There's obviously no parking that you can put on the building itself. They needed all 30,000 square feet of the building for their actual use, not taking a chunk for parking. The two lots to the north which give us about 45 to 50 parking spaces, that's all they need underneath, for their business. Like I said, they don't need a whole loading area. It's just for customers to park. Those parking lots are going to be exclusive to them. Signs up that say for this customer only or this tenant only. All others can't park here. And then I'll note -- make one note on that waiver, if this building was two blocks south outside of Ybor City historic district, the required parking would only be one per thousand for furniture sales. Furniture warehouse. Because we are in the Ybor City historic district that parking need doesn't exist. There is no furniture sales category within ybor. So it just kind of all falls under this blanket retail sales shoppers goods category, which is why it's set at three per one. That's why we're requesting the waiver. Other than that, we're really excited to bring this use to ybor. Alex, if you have more details, I'll let you run through the presentation. Avi covered the large majority. If this does work again -- can you guys see that or no? nothing. Okay. That's fine. Only thing I was going to add in regard to the parking waiver, avi mentioned this, the general standard city code has a use for furniture that parks at one per thousand. Ybor City specific code does not. So they only have retail sales. That parks at three per thousand. So that's triple what the city thinks that a furniture or show room use would need. That's why we're requesting this parking reduction. Under the standard city codes furniture parking ratio, we would only be required 29 spaces. Again, we're providing 46. So we're well over what we think the intent of code was. Again, just ybor didn't have that specific of a use in their parking code. Nothing further to add but happy to answer any questions.

8:33:56PM Anybody in the public wishing to speak to the item? Motion to close from Maniscalco. Second from Miranda. All in favor, aye. Opposed? Ayes have it. I believe we left off with Viera.

Luis Viera

8:34:15PM I move an ordinance rezoning property in the general vicinity of 1728 east 2nd avenue, 1704, 1720, 1722 east 3rd avenue in the City of Tampa, Florida more particularly described in section 1 from zoning district classification YC 6 Ybor City historic district community commercial and YC 9 Ybor City site planned controlled to YC 9 Ybor City historic site plan controlled retail sales, shoppers goods, all CG uses, providing an effective date. That was different.

Alan Clendenin

8:34:48PM I have a motion from Councilman Viera. Is that going to be your last motion? No, no. motion from Councilman Viera. Second from Councilman Miranda. All those in favor say aye. Opposed?

The clerk

8:35:06PM Motion carried unanimously. Second reading and adoption will be held on November 5, 2026 At 10 a.m. at old city hall, located at 315 East Kennedy Boulevard, third floor, Tampa, Florida, 33602.

Alan Clendenin

8:35:20PM That concludes our regular scheduled program. Let's start with Councilman Miranda for new business.

Charlie Miranda

8:35:28PM [Inaudible] -- make a motion to present off-site commendation to Purchasing Department in recognition of their 20th year of receiving the achievement of excellence procurement award from the National Procurement Institute.

Alan Clendenin

8:35:41PM Motion from Councilman Miranda. Second from Councilman Maniscalco. All those in favor say aye. Opposed? Ayes have it.

Charlie Miranda

8:35:48PM I would like to make a motion to present an off-site commendation to Hispanic man and woman of the year gala which would include commendation to Hispanic man and woman of the year Jason Fernandez and amy ruiz.

Alan Clendenin

8:35:59PM Motion from Councilman Miranda. Second from Councilman Maniscalco. All those in favor say aye. Aye. Opposed? Ayes have it. Thank you. Councilman Maniscalco. Nothing. Councilwoman Hurtak? Councilwoman Young?

Naya Young

8:36:10PM Yes. I have a motion and just some comments. I move to make a motion to present an off-site commendation on November 10, 2026, recognizing the 40th anniversary of the University of South Florida institute on black life.

Alan Clendenin

8:36:25PM Motion from Councilwoman Young. Second from Councilman Maniscalco. All those in favor say aye. Aye. Opposed? Ayes have it. Thank you.

Naya Young

8:36:31PM Thank you, and I also wanted to thank anointed world church of Tampa Bay. They were celebrating 36 years, and myself and Mr. Joe Robinson received community impact awards. I wanted to thank them for that. And then also, I don't know if you all remember when I did the commendation for Albert owens, Mr. Bucified Bert, he got his game ball yesterday and went to the training facility. Good moment. He was very excited and very thankful that we honored him in that way. Thank you.

Alan Clendenin

8:37:09PM Councilman Viera?

Luis Viera

8:37:11PM Yes, sir, two quick ones, if I may. I won't be here for this, holocaust remembrance day every year for I don't know how long. We always have our friends from the jcc federation over. I move to have it on January 21st, 2027 for five, ten minute presentation.

Alan Clendenin

8:37:28PM Motion from Councilman Viera. Second from Councilman Maniscalco. All those in favor say aye. Opposed? Ayes have it.

Luis Viera

8:37:36PM Yes, ma'am. I'm so sorry. Holocaust remembrance day. January 21st, 2027 under presentations. Is anybody going on October 13th to the Tampa Bay chapter of tuskegee airmen? Are you doing a commendation?

Alan Clendenin

8:37:57PM Haven't we given them a commendation?

Luis Viera

8:37:59PM I don't think so.

Naya Young

8:38:02PM [Inaudible]

Luis Viera

8:38:03PM Out of abundance of caution, if I may, I move to do a council commendation to the tuskegee chapter of airmen of Tampa Bay chapter of airmen. You may present it.

Alan Clendenin

8:38:15PM Motion from Councilman Viera for off-site commendation. Second from Councilman Miranda. All those in favor say aye. Opposed? Ayes have it.

Luis Viera

8:38:23PM Thank you, council, that's it.

Alan Clendenin

8:38:24PM Councilman Carlson.

Bill Carlson

8:38:25PM There is a lady South of Gandy who is beloved in the community and her friends have asked us for a commendation. I would like to make a motion to give an off-site commendation to karissa rodgers for her service to the South of Gandy community.

Alan Clendenin

8:38:37PM Motion from Councilman Carlson, second from Councilwoman Hurtak. All in favor, aye. Opposed? Ayes have it.

Bill Carlson

8:38:43PM One last thing, the mayor's office sent us an e-mail today to ask us to talk about individually about the charter. Every week we have to come before the public, you heard us get criticized this morning, I think the mayor's handler should stop protecting her and let her come here and have a conversation with us. It's not professional. It's not fair to the community to not face the community and answer questions. If you're cutting side deals, it means you're weak.

Alan Clendenin

8:39:16PM You kind of stole my thunder. I received -- we received the same e-mail. I actually canceled that meeting request. I think it would be more appropriate, in fact, I would say formal invitation to ask the mayor if she wanted to come and speak to us on the 15th about those recommendations. I think it would be a great opportunity for the mayor to come to us.

Lynn Hurtak

8:39:41PM Second.

Alan Clendenin

8:39:41PM I make a motion to invite the mayor --

Lynn Hurtak

8:39:44PM I can't second because I'm chairing.

Alan Clendenin

8:39:46PM Come to council, if she would like to come to council to talk about the Charter Review Commission recommend --

Lynn Hurtak

8:39:53PM So you're saying that she should come instead of us meeting with her.

Alan Clendenin

8:39:59PM That would be my motion.

Lynn Hurtak

8:40:00PM I have a motion from chair. And I have a second from council member Carlson.

Alan Clendenin

8:40:08PM 15th. October.

Lynn Hurtak

8:40:13PM Councilman Viera.

Luis Viera

8:40:13PM Thank you. How can I say this? I wasn't Planning on talking about this whatsoever. I'm going to be frank. If we have the mayor here, it's going to turn into a political circus. I'm not going to support an invitation on a back and forth, what have ya, I just don't, you know, it's -- I know what I'll do with the charter amendments. Whatever. That's just my view. Maybe, by the way, if she comes and I'm wrong, Viera, you are wrong, whatever, I just think that's whatever.

Lynn Hurtak

8:40:43PM I have a motion and a second. Yes, Mr. Shelby.

Martin Shelby

8:40:47PM Would it be the chairman's office who would work out the logistics as to time and what's best on the agenda?

Alan Clendenin

8:40:54PM Affirmative.

Lynn Hurtak

8:40:54PM Okay. I have a motion and a second. All in favor? Aye. Any opposed? I've got two nays. Viera -- I'm sorry.

The clerk

8:41:11PM Motion carried with Viera, Maniscalco, and Miranda voting no.

Alan Clendenin

8:41:16PM I've got a few here. A motion for staff to bring back the language for the proposed debt and CIT ordinances on 12/17/2026.

Lynn Hurtak

8:41:29PM Motion from Chair Clendenin, a second from council member Viera. All those in favor? Aye.

Martin Shelby

8:41:38PM Martin Shelby, forgive me, I know it's late. Is this going to be -- 17th is a regular meeting.

Alan Clendenin

8:41:45PM Yes.

Martin Shelby

8:41:46PM Did you want it as draft or first reading?

Alan Clendenin

8:41:49PM Supposed to come back with a proposed debt ordinance. First reading of it.

Martin Shelby

8:41:55PM Thank you.

Alan Clendenin

8:41:55PM Sorry. 12/17.

Lynn Hurtak

8:42:01PM He has a sheet.

Alan Clendenin

8:42:03PM I'll hand this when I'm done. Also like to make a motion to continue the rescheduled noise items -- did you have anything on the noise?

Lynn Hurtak

8:42:13PM I did, but we actually spoke to the community of Tampa Heights, and they understood.

Alan Clendenin

8:42:19PM Okay. I would like to make a motion to continue the rescheduled noise items on the October 22, 2026, workshop to the January 28, 2027, workshop so the consultant can attend. Both items.

Lynn Hurtak

8:42:32PM Both noise items. Motion from Chair Clendenin. Second from council member Miranda. All those in favor? Aye.

Alan Clendenin

8:42:40PM I'd like also -- anybody paying attention, Commissioner Harry cohen made a motion at county commission on micromobility ordinance. Make a motion for City staff to coordinate with the Hillsborough county staff on the proposed micromobility ordinance that is based on the orange county ordinance and to report back on the possibility of city opting into the Hillsborough county ordinance and return on January 21, 2027 under staff reports.

Lynn Hurtak

8:43:11PM My only request on that is could you have that sent to all of us so we know what it is?

Alan Clendenin

8:43:18PM Yes. Right now, what's happening in Hillsborough is just -- in other words, harry just made the --

Lynn Hurtak

8:43:26PM Sure. Could you get the Orlando one sent to us?

Alan Clendenin

8:43:29PM I have it and make sure it gets distributed.

Lynn Hurtak

8:43:31PM Awesome. That would be great. Motion from Chair Clendenin. Who was the second? Second from council member Maniscalco.

Martin Shelby

8:43:39PM In terms of -- Martin Shelby, City Council attorney. Mr. Chairman, I'm concerned in terms of your timing, because this came up recently with regard to I believe it was the vacation rentals. By the time the county commission acts upon it, the ordinance has already been baked and already says, at least in that situation --

Alan Clendenin

8:44:05PM The commissioner -- commissioner cohen literally just last week asked their staff to start working on this. So I think this is timely that we ask our staff to coordinate with them. He made the motion at Hillsborough County Commission meeting to have it open so that the Temple Terrace and Plant City and City of Tampa can be adopted into that ordinance.

Martin Shelby

8:44:28PM Thank you.

Alan Clendenin

8:44:28PM Very good.

Lynn Hurtak

8:44:29PM I have a motion and second. All in favor? Aye.

Alan Clendenin

8:44:38PM I have a motion to receive and file from Councilman Maniscalco. Second from Councilman Miranda. All those in favor aye. Opposed. Ayes have it. [ sounding gavel ] we're adjourned. Disclaimer: this file represents an unedited version of realtime captioning which should neither be relied upon for complete accuracy nor used as a verbatim transcript. Any person who needs a verbatim transcript of the proceedings may need to hire a court reporter. ▶ meeting video community Redevelopment agency - 10/08/26published: October 8, 2026▶ watch on youtube the information contained in these pages represents an unedited version of realtime captioning which should neither be relied upon for complete accuracy nor used as a verbatim transcript. Persons requiring a verbatim transcript may need to hire a court reporter. © - City of Tampa (813) 274-8211