MINNESOTA. >>GUIDO MANISCALCO: GOOD AFTERNOON. WELCOME TO TAMPA CITY COUNCIL. HAVE ROLL CALL. >>CHARLIE MIRANDA: HERE. >>LYNN HURTAK: HERE. >>GUIDO MANISCALCO: HERE. CAN I HAVE A MOWING TO MOVE SAID HEA HEARING. MISS WELLS, IF YOU WILL KICK IT OFF BEFORE I ASK FOLKS TO RAISE THEIR RIGHT HAND AND SWEAR US IN. >>CATE WELLS: KATE WELLS, DEPUTY ATTORNEY. I BELIEVE THAT IT THE APPLICANT WANTS TO RAISE ONE PROCEDURAL QUESTION OF THE AMOUNT OF TIME ALLOTTED FOR THEIR PRESENTATION. I DON'T KNOW IF YOU WANT TO ADDRESS THAT NOW OR LATER. >>GUIDO MANISCALCO: SHOULD WE SWEAR EVERYBODY IN? >>CATE WELLS: SURE. >>GUIDO MANISCALCO: IF YOU ARE GOING TO SPEAK TONIGHT, RAISE YOUR RIGHT HAND AND WE WILL SWEAR YOU IN. IF YOU WERE GOING TO SPEAK, PLEASE STAND AND RAISE YOUR RIGHT HAND. [SWEARING IN] >>GUIDO MANISCALCO: MR. KRAMER, PLEASE COME UP AND STATE YOUR NAME FOR THE RECORD. >> GOOD EVENING, COUNCIL. JAKE CREMER FOR STEARNS, WEAVER AND MILLER. COUNCILMAN, I HAVE SPOKEN TO SEVERAL OF THE OTHER REPPED PARTIES ARE HERE AND SUBJECT TO YOUR DISCRETION, WE THOUGHT WE COULD HELP BE EFFICIENT TONIGHT. WHAT WE DID -- YOU MAY RECALL ABOUT A YEAR AGO IS THAT AS THE APPLICANT'S REPRESENTATIVE, I SPOKE FIRST FOR 15 MINUTES. THE NORMAL AMOUNT OF TIME. THEN THE SYNAGOGUE AS THE PARTY TO THE FLUEDRA SPOKE FOR TEN MINUTES. THAT IS WHAT WE ARE REQUESTING AGAIN. I SPOKEN TO COUNSEL MR. RICHARD HARRISON FOR THE GARDEN CLUB. THEY WILL USE THE SPEAKER WAIVER PROCESS AND HE WOULD REQUEST TO BE NEXT FOLLOWED BY HIS JANE GRAHAM REPRESENTING AL TURKS,RA FOLLOWING THE SPEAKER WAIVER PROCESS FOLLOWED BY THEIR EXPERT WITNESS. SUB TO YOUR DISCRETION OBVIOUSLY, BUT THIS WILL HELP MAKE THINGS GO EFFICIENTLY. >>GUIDO MANISCALCO: YOU ARE ASKING FOR THAT BEFORE PUBLIC COMMENT, THE INITIAL PRESENTATION? >> YES, THAT IS ALL RIGHT. >>GUIDO MANISCALCO: MISS WELLS, THAT IS LEGALLY OKAY TO DO? >>CATE WELLS: IN MY PRESENTATION, I WILL QUICKLY GO THROUGH THE HEARING PROCESS WHAT COUNCIL CAN ANTICIPATE THIS EVENING SO THIS IS JUST WORKING OUT THE TIME, THE ALLOTTED TIME FOR SOME OF THE FOLKS THAT WANT TO TESTIFY. >>GUIDO MANISCALCO: ANYBODY HAVE ANY OBJECTION? OR WE WILL CONTINUE. ALL RIGHT WE WILL START IT OFF. MR. SHELBY. >>CATE WELLS: GOOD EVENING, MR. CHAIRMAN AND CITY COUNCIL. I AM KATE WELLS, DEPUTY CITY COLONEL. WITH ME IS DAVE HARVEY, ASSISTANT CITY KOREAN AND OUR LITIGATION PRACTICE GROUP. THIS ITEM IS BEFORE CITY COUNCIL BASED ON A SPECIAL MAGISTRATE PROCEEDING FROM A REQUEST OF RELIEF FOLLOWED BY PRH 2713 BAYSHORE ACQUISITION LCC ALSO KNOWN AS THE RELATED GROUP AND CONGREGATION RODEF SHALOM, INC. REQUEST TOWARD THE FLORIDA STATUTE. OTHERWISE KNOWN AS THE FLORIDA ST. LOUIS AND ENVIRONMENTAL DISPUTE RESOLUTION ACT. IT HAS BEEN A WHILE SINCE CITY COUNCIL HAS BEEN PRESENTEDED WITH A MEDIATED SETTLEMENT RESULTING IN THE 7051 PROCESS. SO I WANT TO TAKE A FEW BRIEF COMMENTS ABOUT THE PROCESS OF TONIGHT'S HEARING BEFORE PROVIDING THE HISTORY OF THIS ACTION AND THE DETAILS OF THE MEDIATED SETTLEMENT. UNLIKE THE STANDARD REZONING APPLICATIONS YOU CONSIDER DURING THE REGULAR EVENING MEETINGS, ANY TIME CITY COUNCIL CONSIDERS A SETTLEMENT PROPOSAL, YOUR ROLE IS LEGISLATIVE AND ALLOW CITY COUNCIL TO CONSIDER ITEMS OUTSIDE OF THE CITY'S LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN INCLUDING BUT NOT LIMITED TO THE IMPACT AND PUBLIC INTEREST RESULTING FROM THE PROPOSED SETTLEMENT. THE PROCESS OF TONIGHT'S HEARING REQUIRES NOTICE AND REQUIRES DUE PROCESS AS REQUIRED FOR ALL QUASI JUDICIAL APPLICATIONS CITY COUNCIL'S DECISION IS LEGISLATIVE. THE QUASI JUDICIAL PROCESS IS FOLLOWED SINCE THE SETTLEMENT IS APPROVED, THE SETTLEMENT RESULTS IN THE REZONING OF PROPERTY. AFTER I CONCLUDE MY PRESENTATION, YOU WILL HEAR FROM JUDGE BATTLES, THE SPECIAL MAGISTRATE IN THIS MATTER. ONCE JUDGE BATTLES MAKES HIS PRESENTATION, YOU WILL HEAR FROM CITY STAFF, PLANNING COMMISSION STAFF, REPRESENTATIVES FOR THE RELATED GROUP AND FOR THE SYNAGOGUE, AND THEN THE PUBLIC. I RECOMMEND THAT YOU CONCLUDE THE HEARING ONCE YOU HAVE PROVIDED REBUTTAL AFTER PUBLIC COMMENT IS CONCLUDED. AND FINALLY AS YOU CONSIDER THE TESTIMONY AND EVIDENCE ENTERED INTO TONIGHT'S HEARING, PLEASE REMEMBER THAT THE SPECIAL MAGISTRATE'S REPORT IS A PUBLIC RECORD, ACTIONS OR STATEMENT OF REPRESENTATIVES FROM THE CITY OF THE RELATED GROUP OR THE SYNAGOGUE ARE EVIDENCE OF AN OFFER OF COMPROMISE AND INADMISSIBLE IN THINK PROCEEDING. I MENTION THIS IN THE EVENT THAT CITY COUNCIL IS CONCERNED OF THE POSSIBILITY OF ESTABLISHING PRECEDENT IF THE REVISED SITE PLAN IS APPROVED. AT YOUR FEBRUARY 8, 2024 MEETING, CITY COUNCIL DENIED THE REZONING, WHICH WOULD HAVA ALLOWED THE DEVELOPMENT OF A 26-STORY RESIDENTIAL MULTIFAMILY STRUCTURE WITH A MAXIMUM HEIGHT OF 317 FEET FOR 42 DWELLING UNITS TO BE LOCATED ON THE SAME SITE AS THE EXISTING PLACE OF RELIGIOUS ASSEMBLY. CITY COUNCIL DENIED THE APPLICATION BY A 5-2 VOTE, AND THE MOTION TO DENY FOCUSED ON TWO KEY AREAS. FAILURE TO ESTABLISH COMPATIBILITY WITH THE COMPREHENSIVE PLAN. AND FAILURE TO COMPLY WITH SECTION 27-136 LAND DEVELOPMENT CODE. ON MARCH 13, 2024, THE RELATED GROUP AND THE SYNAGOGUE FILED THE REQUEST FOR RELIEF PURSUANT TO SECTION 70-51 AND A SPECIAL PETITION FOR WRIT OF CERTIORARI. AND THE SYNAGOGUE FILED A BERT HARRIS GAME OF FLORIDA STATUTES. CLAIM ALLEGES THAT CITY COUNCIL'S DECISION INORDINATELY BURDENED THE PROPERTY RESULTING IN A DEKNEW MERE RATION. MR. HARVEY IS AVAILABLE TO ANSWER ANY QUESTIONS YOU MAY HAVE REGARDING THE LITIGATION, WHICH, BY THE WAY, IS STAYED PENDING THE OUTCOME OF THIS PROCEEDING. WHEN THE REQUEST FOR RELIEF WAS ORIGINALLY FILED WITH CITY, THE CITY COUNCIL RECEIVED A MEMORANDUM DESCRIBING THE ADMINISTRATIVE PROCEEDING UNDER SECTION 70-51. INVOLVES A TWO-STEP PROCESS. OF WHICH REQUIRES A SPECIAL MAGISTRATE FOR AN INFORMAL MEDIATION OF WHICH THE CITY, THE RELATED GROUP AND THE SYNAGOGUE CONSIDER ALTERNATIVE DEVELOPMENTS RESPONSIVE TO CITY COUNCIL'S DECISION TO DENY THE APPLICATION. IN THIS CASE, THE SPECIAL MAGISTRATE CONDUCTED TWO MEDIATION SESSIONS. FIRST ON JUNE 25, 2024. SECOND ON JULY 26, 2024. DURINGED SECOND MEDIATED SESSION, THE RELATED GROUP PRESENTED A REVISED SITE PLAN INTENDED TO ADDRESS THE BASIS FOR COUNCIL'S DENIAL. COMMENTS WERE RECEIVED FROM MEMBERS OF THE PUBLIC WHO ELECTED TO PARTICIPATE AND FROM CITY REPRESENTATIVES. AT THE CONCLUSION OF THE MEDIATION, THE IS IT I AGREED TO PRESENT THE REVISED SITE PLAN TO CITY COUNCIL FOR ITS CONSIDERATION. TONIGHT'S HEARING IS PART OF THE FIRST STEP OF THE ADMINISTRATIVE PROCESS AND REQUIRES CITY COUNCIL TO CONSIDER THE REVISED SITE PLAN AS A PROPOSED SETTLEMENT. IF CITY COUNCIL REJECTS THE REMEDIATED SETTLEMENT, THE SECOND STEP IN THE ADMINISTRATIVE PROCESS IS TRIGGERED THAT ALLOWS A HEARING BEFORE THE SPECIAL MAGISTRATE TO DETERMINE IF CITY COUNCIL'S ACTION IN FEBRUARY OF 2024 WAS UNREASONABLE OR UNFAIRLY BURDENS THE PROPERTY. THE PROJECT BEFORE YOU TONIGHT IS DIFFERENT THAN WHAT WAS DENIED LAST YEAR. THE REDESIGNED PROJECT LOWERS THE HEIGHT OF THE MULTIFAMILY STRUCTURE FROM 26 STORIES TO 16 STORIES AT A MAXIMUM HEIGHT OF 195 FEET. IT REDUCES THE NUMBER OF DWELLING UNITS FROM 42 TO 38. REDUCES THE DENSITY FROM 29.3 UNITS TO THE ACRE TO 26.6. AND CONSISTENT WITH THE SITE PLAN PRESENTED TO CITY COUNCIL IN FEBRUARY OF 2024, THERE IS NO REQUEST FOR A BONUS DENSITY AGREEMENT. THERE ARE NO PARKING WAIVERS. AND THERE ARE NO NEW WAIVERS. ALL GRAND TREES ARE BEING RETAINED. THERE WILL BE AN EIGHT OPINION FOOT SIDEWALK ALONG YSABELLA. 20-FOOT SETBACK ON THE NORTHERN BOUNDARY WITH AN ENHANCED LANDSCAPE BUFFER ENHANCED GREEN SPACE, AND AMENITY DECK HAS BEEN RELOCATE AID WITH A WAY FROM THE GARDEN CLUB. IN A QUASI JUDICIAL HEARING CITY COUNCIL LOOKS IF THE APPLICANT HAS DEMONSTRATED BY SUBSTANTIAL COMPETENT EVIDENCE THAT THE PROJECT MEETS THE CITY'S LAND DEVELOPMENT REGULATIONS AND CONSISTENT WITH THE COMPREHENSIVE PLAN. AS I MENTIONED BEFORE, BECAUSE THIS IS A MEDIATED SETTLEMENT, THERE ARE OTHER FACTORS THAT CITY COUNCIL MUST TAKE INTO CONSIDERATION, INCLUDING THE FACT THAT IF THE SETTLEMENT PROPOSAL IS APPROVED, ALL PENDING ACTIONS AND LITIGATION WILL BE DISMISSED WITH PREJUDICE WITH EACH PARTY BEARING ITS OWN ATTORNEY FEES AND COSTS. SO PURSUANT TO SECTION 70.51 SUBSECTIONS 21, CITY COUNCIL HAS THREE OPTIONS THIS EVENING. AND YOU HAVE A COPY OF THOSE OPTIONS ALONG WITH A COPY OF THE PROPOSED ORDINANCE IN THE EVENT THAT CITY COUNCIL EXPECTS THE SETTLEMENT. OPTIONS INCLUDE ACCEPTING THE IMMEDIATE SETTLEMENT AND IMPLEMENT THE SETTLEMENT. IMPLEMENTATION BY PLACING THE ORDINANCE FOR REZONING ON FIRST READING AND THEN, OF COURSE, WE WILL STILL HAVE TO HAVE SECOND READING TWO TO THREE WEEKS LATER. ON THE OTHER HAND, CITY COUNCIL MAY REJECT THE MEDIATED SETTLEMENT AND THE THIRD OPTION, YOU MAY MODIFY THE MEDIATED SETTLEMENT WITH THE SENTENCE OF THE MODIFICATION BY THE RELATED GROUP AND THE SYNAGOGUE. SO UNLESS YOU HAVE ANY QUESTIONS FOR ME OR MORE MR. HARVEY. I WILL TURN IT OVER TO JUDGE BATTLES. >>GUIDO MANISCALCO: MR. SHELBY. >>MARTIN SHELBY: BRIEF HOUSEKEEPING. WRITTEN COMMUNICATIONS THAT ARE AVAILABLE FOR PUBLIC INSPECTION. A MOTION TO RECEIVE AND FILE. >>GUIDO MANISCALCO: A MOTION AND A SECOND FROM COUNCILWOMAN HENDERSON. ALL IN FAVOR, SAY AYE. OPPOSED. >>MARTIN SHELBY: PLEASE DISCLOSE IF ANY VERBAL EX-PARTE COMMUNICATIONS RELATED TO THIS CASE. >>LUIS VIERA: I WAS CALLED BY A REPORTER TO COMMENT ON IT. I SAID I CANNOT SUBSTANTIVELY COMMENT ON IT. THAT'S IT. >>MARTIN SHELBY: I SEE NO RESPONSE FROM ANYONE ELSE. THANK YOU, COUNCIL. >>CATE WELLS: THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. JUDGE, PLEASE COME UP AND STATE YOUR NAME. >> WELL, THANK YOU. AND GOOD EVENING, CHAIR AND MEMBERS OF THE COUNCIL. AGAIN I AM LAMAR BATTLES. I WAS THE SPECIAL MAGISTRATE IN THIS PROCEEDING. FIRST, IT IS AN HONOR TO APPEAR BEFORE YOU THIS EVENING. AND I WILL TELL YOU THAT MISS WELLS TOUCHED BASICALLY ON EVERYTHING THAT I THOUGHT ABOUT TELLING YOU, TO TELL YOU THAT WE HAD A MEDIATION PURSUANT TO THE FLORIDA LAND USE AND ENVIRONMENTAL DISPUTE ACT, SECTION 70.51 OF THE FLORIDA STATUTES. THE PETITIONERS DID IN FACT FILED A REQUEST FOR RELIEF UNDER THAT ACT WHICH THEY ARE ALLOWED TO DO. AND THAT FOLLOWED THEIR DENIAL OF THE APPLICATION TO REZONE THE REAL PROPERTY AT ISSUE. THE ACT AS SHE JUST EXPLAINED ALLOWS THE PETITIONER IN THIS CASE, WHEN THEY BELIEVE THE ACT IS UNREASONABLE OR UNFAIRLY BURDENS THE USE OF THEIR REAL PROPERTY TO SEEK RELIEF UNDER THE ACT. YOU WITH NOT A REVIEW I WANT TO EMPHASIZE. NOT A REVIEW WHETHER THE ACTION OF THE COUNCIL IS SUPPORTED BY COMPETENT, SUBSTANTIAL EVIDENCE. THAT IS NOT WHAT IT IS ABOUT. INDEED PURSUANT TO THE ACT, THE CITY ATTORNEY'S OFFICE NOTICED EVERYONE WHO WAS INTERESTED IN THE PROPERTY THAT IS ADJACENT PROPERTY OWNERS. OTHERS WHO AND BEFORE YOU BEFORE AND COMMENTED. THEY NOTICED THE MEDIATION. AND IN FACT, THE -- ON JUNE 14, THE PARTIES MET AND SPENT A LONG DAY. THEY WORKED VERY HARD EXPLORING OPPORTUNITIES FOR COMPROMISE AND POSSIBLE SETTLEMENT. MY ROLE, I WANT TO EMPHASIZE, WAS TO FACILITATE COMMUNICATION AND NEGOTIATIONS, NOT TO IMPOSE A DECISION. THE CONCLUSION OF THAT JUNE 14 SESSION, THEY HAD WORKED HARD. THEY HAD MADE PROGRESS. BUT THE PARTIES WERE CLOSE TO MUTUALLY AGREEABLE CONDITIONS FOR PROPOSED SETTLEMENT, BUT THEY HAVEN'T REACHED THAT. THERE WAS MORE WORK TO BE DONE. SO, IN FACT, WE GAVE THE PARTIES SOME TIME TO WORK ON THE SITE PLAN AND SOME OF THE PROPOSED CONDITIONS AND WE RECONVENED ON JULY 26, 2024 FOR ANOTHER DAY OF NEGOTIATIONS. AGREEMENT WAS REACHED ON THAT DAY. AND IT WAS PRESENTED TO THOSE INTERESTED INDIVIDUALS WHO HAVE BEEN NOTICED AND IN ATTENDANCE AND THEY WERE GIVEN AN OPPORTUNITY TO ADDRESS THE IMPACT OF THE RECOMMENDED ADJUSTMENTS FOR AGREEMENT FROM THE NEGOTIATIONS ON THEIR SUBSTANTIAL INTEREST. THE MEDIATION THEN CONCLUDED WITH THE MUTUALLY AGREEABLE CONDITIONS BETWEEN THE PARTIES. SUBJECT TO PREPARATION AND REVIEW OF A REVISED SITE PLAN INCORPORATING THOSE CONDITIONS. THAT REVISED SITE PLAN CONFIRMED BY THE PARTIES AS ADEQUATE ARE THELY INCORPORATING THOSE CONDITIONS WERE RECEIVED IN MY OFFICE ON SEPTEMBER 14, 2024. I SUBMITTED THAT NEGOTIATED SETTLEMENT AGREEMENT FOR YOUR CONSIDERATION, REFLECTING ONLY THE STATES OF THE MEDIATED SESSIONS, IDENTIFYING THE PARTIES AND OTHERS IN ATTENDANCE AT THOSE SESSIONS AND RECORDING THAT A PROPOSED SETTLEMENT AGREEMENT AS TO THE PERMISSIBLE USE OF THE LAND HAS BEEN REACHED AND ATTACHING THAT AGREED-UPON REVISED SITE PLAN. I WANT TO EMPHASIZE AGAIN THAT I WAS THE MEDIATOR AT THIS PHASE OF THE PROCESS. ACCORDINGLY, IT WAS NOT -- AND IT IS NOT MY ROLE AT THIS STAGE TO RECOMMEND FOR OR AGAINST THE PROPOSED SETTLEMENT. I WAS ACTING AS A MEDIATOR. THAT WAS THE ROLE AT THIS STAGE. I WILL TELL YOU THAT THE PARTIES IN THIS CASE CAME WELL PREPARED FOR A MEDIATION. I THINK I CAN COMMENT ON THAT. THEY WORKED VERY HARD. THEY HAD EXPERTS AND INFORMATION AVAILABLE. AND THEY -- AND HAVING WORKED HARD AND DILIGENTLY BROUGHT IN AGREEMENT TO YOU AFTER THOSE PROCEEDINGS. FINALLY I WANT TO THANK EVERYONE INVOLVED FOR ALLOWING ME TO PARTICIPATE IN THESE VERY IMPORTANT EFFORTS. THANK YOU SO MUCH. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. YES, MA'AM, MISS DOCK. >>LaCHONE DOCK: THANK YOU, CHAIRMAN AND COUNCIL. SO WE CAN GET STARTED WITH THIS EVENING'S AGENDA. THIS IS REZ 24-06. THIS IS FOR THE PROPERTY LOCATED AT 2713 BAYSHORE BOULEVARD. THE REQUEST IS TO REZONE THE PROPERTY FROM PD PLANNED DEVELOPMENT TO PD PLANNED DEVELOPMENT. THIS IS TO ALLOW FOR A PLACE OF RELIGIOUS ASSEMBLY AND RESIDENTIAL MULTIFAMILY USES. CURRENT PD WAS APPROVED AND FOR A PLACE OF RELIGIOUS ASSEMBLY. >>GUIDO MANISCALCO: YOUR NAME FOR THE RECORD, MA'AM? >>LaCHONE DOCK: LaCHONE DOCK, LAND DEVELOPMENT COORDINATION. AND TURN IT OVER TO DANNY TO GIVE HIS REPORT. >>GUIDO MANISCALCO: HELLO,ER IS. PLEASE STATE YOUR NAME. >>DANNY COLLINS: DANNY COLLINS WITH YOUR PLANNING COMMISSION STAFF. I WAS SWORN IN. THIS CASE IS IN THE SOUTH TAMPA PLANNING DISTRICT SPECIFICALLY IN THE BAYSHORE GARDENS NEIGHBORHOOD. IT IS WITHIN EVACUATION ZONE A. THIS IS THE SUBJECT SITE HERE AS OUTLINED IN THE PURPLE COLOR AT THE NORTHWEST CORNER OF WEST BARCELONA AND BAYSHORE BOULEVARD. THIS IS SOUTH YSABELLA AVENUE HERE. DIRECTLY TO THE NORTHWEST OF THE SITE IS AN APARTMENT BUILDING. THIS IS THE ALTURA BAYSHORE APARTMENTS HERE. AND WE HAVE SOME TOWNHOMES ALONG WEST BARCELONA STREET AS WELL AS YSABELLA AND FRED BALL PARK JUST TO THE NORTHEAST OF THE SITE. THE SUBJECT SITE IS RECOGNIZED UNDER THE RESIDENTIAL-35 LAND USE DESIGNATION. MEDIUM CATEGORY, 45 DWELLING UNITS PER ACRE. TO THE EAST, WEST AND SOUTHWEST OF THE SITE. DIRECTLY TO THE SOUTHWEST OVER HERE IS LAND RECOGNIZED UNDER THE COMMUNITY MIXED USE 35 DESIGNATION, WHICH ALLOWS DEVELOPMENT UP TO 35 DWELLING UNITS PER ACRE OR UP TO 2.5 FAR. ALSO TO THE NORTHWEST OF THE SITE, HERE WE HAVE PARCELS RECOGNIZED UNDER THE RESIDENTIAL 83, WHICH IS A HIGH DENSITY RESIDENTIAL CATEGORY. THAT CATEGORY IS ALSO FOUND ALONG BAYSHORE BOULEVARD AS YOU MOVE NORTH TOWARD DOWNTOWN, AS WELL AS SOUTH TOWARD BALLAST POINT. THERE ARE ALSO PARCELS RECOGNIZED UNDER THE RESIDENTIAL 50 ABOUT ONE BLOCK SOUTH OF THE SKY. THE APPLICANT PROPOSE AS PLANNED DEVELOPMENT CONSISTING OF 38 MULTIFAMILY DWELLING UNITS. AND A 18,014 SQUARE FOOT PLACE OF RELIGIOUS ASSEMBLY. BOTH USES CAN BE CONSIDERED UNDER THE RESIDENTIAL-35 DESIGNATION. AFTER ACCOUNTING FOR THE LAND REQUIRED FOR THE EXISTING PLACE OF RELIGIOUS ASSEMBLY, THE APPLICANT IS PROPOSING A 26.657 DWELLING UNITS PER ACRE ON THE SUBJECT SITE, WHICH IS BELOW THE MAXIMUM LEVEL OF DENSITY THAT CAN BE CONSIDERED. BELOW PROVISION AGREEMENT IS NOT NECESSARY. THE PLANNING COMMISSION STAFF HAS REVIEWED THE DENSITIES AND BUILDING HEIGHTS OF THE SURROUNDING A AREA. DIRECTLY NORTHWEST OF THE SITE IS ALTURA BAYSHORE 2-STORY HIGH-RISE UNDER THE CMU-35 DESIGNATION. TO THE WEST AND NORTHWEST ON SOUTH YSABELLA AVENUE IS THE BAYSHORE PRESBYTERIAN APARTMENTS, 15-STORY MULTIFAMILY DEVELOPMENT RECOGNIZED UNDER THE RESIDENTIAL-83 DESIGNATION. IN ADDITION, SEVERAL 15 TO 18-STORY TOWERS LOCATED NEARBY NEAR BAYSHORE. WITH TALLER TRUCK YOU ARES ALONG THE NORTH OF BAYSHORE. THE APPLICANT IS PROPOSING A 16-STORY BUILDING, TEN-STORY REDUCTION FROM THE PREVIOUS ZONING REQUEST. PLANNING COMMISSION FINDS THAT THE PROPOSAL WILL NOT ALTER THE CHARACTER OF THE SURROUNDING AREA AND SUPPORTS LAND USE POLICY 2.1.1 WHICH ENCOU ENCOURAGES COMPACT HIGHER DENSITY DEVELOPMENT COMPATIBLE. THE KEY REVISION MADE BY THE APPLICANT IS THE STEP DOWN BETTER DESIGNED TO INTEGRATE THE NEIGHBORING TOWN HOMES LOCATED SOUTHWEST OF THE SITE ALONG BARCELONA STREET. AND MULTIFAMILY BUILDING IS SITUATED IN THE NORTHERN PORTIONS SO THE HIGHEST PORTION IS AT THE NORTHERN PORTION OF THE SITE ORIENTED TOWARD YSABELLA AVENUE AND STEPS DOWN IN HEIGHT AS IT APPROACHES BARCELONA STREET. THE APPLICANT IS COMMITTED TO ENHANCING THE LANDSCAPING OF THE NORTH AND SOUTH FACING FACADES WHERE THE PARKING GARAGE IS LOCATED. THIS LANDSCAPE ALSO PROVIDE ADDITIONAL SCREENING TO MAKE SURE THAT THE GARAGE IS INTEGRATED AND ARCHITECTURALLY COMPATIBLE WITH THE SURROUNDING AREA CONSISTENT WITH 1.2.27. COMPREHENSIVE PLAN ENCOURAGES HIGH DENSITY, MULTIFAMILY DEVELOPMENT AND PEDESTRIAN-ORIENTED URBAN AREAS WITH ACCESS TO TRANSIT SERVICE, EMPLOYMENT, AND AMENITIES. THE PROPOSED PD ALLIANCE WITH THE POLICY DIRECTION AS THE SITE IS ADJACENT TO TRANSIT SERVICES ALONG BARBIE BOULEVARD AND 1.4 MEAL OF BEST BAY TO BAY BOULEVARD AND SOUTH MacDILL BOTH PROVIDE ACCESS TO SOCIAL SERVICES AND AMENITIES. AND TO HOUSING THE CITY'S POPULATION BY PROVIDING ADDITIONAL HOUSING OPTIONS IN THE BAYSHORE GARDENS -- SORRY -- YEAH, THE BAYSHORE GARDENS NEIGHBORHOOD, THE PROPOSAL ALIGNS WITH THE PLAN'S GOALS FOR ENSURING THAT ADEQUATE SUPPLY OF HOUSING TO MEET THE CITY'S HOUSING DEMANDS. BASED ON THOSE CONSIDERATIONS, PLANNING COMMISSION FINDS THE REQUEST CONSISTENT WITH THE CITY OF TAMPA'S COMPREHENSIVE PLAN. THAT CONCLUDES MY PRESENTATION. AND I AM AVAILABLE FOR ANY QUESTIONS. >>GUIDO MANISCALCO: ANY QUESTIONS? THANK YOU VERY MUCH. MISS DOCK? >>LaCHONE DOCK: THANK YOU, AGAIN, COUNCIL. LaCHONE DOCK, LAND DEVELOPMENT COORDINATION. THE PD REQUEST BEFORE YOU WILL ALLOW FOR DEVELOPMENT OF 38 RESIDENTIAL UNITS, AS WELL AS A -- A PLACE OF RELIGIOUS ASSEMBLY. THAT IS AN EXISTING STRUCTURE ON-SITE. 18,014 SQUARE FEET ON THE SITE WITH THE RESIDENTIAL UNITS. MAXIMUM BUILDING HEIGHT PROPOSED OF 195 FEET OR 16 STORIESES. THERE ARE 170 SPACES REQUIRED AND 170 SPACES ARE PROVIDED. BUILDING SQUARE FOOTAGE HAS BEEN REDUCE REDUCED FROM 275,028 TO 196, 38 SQUARE FEET. THE SITE ITSELF -- AN EXISTING PLACE OF RELIGIOUS ASSEMBLY THAT WILL REMAIN ON-SITE. THIS IS THE SITE PLAN PROVIDED BY THE APPLICANT. SO YOU CAN SEE THIS IS THE EXISTING TEMPLE BUILDING THAT WILL REMAIN. THIS IS THE BUILDING THAT ACCOUNTS FOR THE EXISTING SQUARE FOOTAGE. AND THIS IS THE NEW BUILDING PROPOSED WHERE YOU HAVE THE OUTLINE OF THE PARKING ALONG WITH THE RESIDENTIAL STRUCTURE ON-SITE. SO WHAT THE DEVELOPMENT AS DEPICTED ON THE ATTACHED PLAN, THE HEIGHT DOES STEP DOWN FROM THE NORTHWEST PORTION OF THE SITE TO THE SOUTHWEST PORTION OF THE SITE TO A HEIGHT OF 77 FEET. THERE ARE TWO POINTS OF VEHICULAR ACCESS ON THE SITE FOR THE RESIDENTIAL STRUCTURE. THAT IS FROM BARCELONA AND FROM YSABELLA AVENUE. AND THEN THERE IS AN ENTRY POINT THAT IS LOCATED HERE FOR THE TEMPLE. YOU CAN ENTER THE SITE ON BARCELONA. AND THERE IS A DROP-OFF POINT THAT IS LOCATED HERE. AND THEN YOU CAN PARK LOCATED HERE ON THIS SITE. AND THE SITE HAS A FUTURE LAND USE OF R-35 AS DANNY HAS MENTIONED THAT WOULD ALLOW TO THE DEVELOPMENT OF 30 DWELLING UNITS FOR RIGHT FOR 35 DWELLING UNITS PER ACRE WITH BONUS PROVISION AGREEMENT. THE PROPOSAL CONSIDERS THE MINIMUM LAND AREA NEEDED FOR THE PLACE OF RELIGIOUS ASSEMBLY, 30,020. 69,439 SQUARE FEET OF LAND ENTITLEMENT. AND THE SITE CAN BE CONSIDERED FOR THE MAXIMUM OF THE 43 UNITS AND THEY ARE PROPOSING 38. SO AN AGREEMENT IS NOT REQUIRED. SO ON THE SITE, YOU CAN SEE THE INCREASED BUFFERING. YOU CAN SEE THE SETBACKS LOCATED ALONG THE NORTH OF THE SITE AND YOU HAVE THE SETBACK AND EXISTING STRUCTURE AND THE OUTLINE OF THE PROPERTY BOUNDARY ON THE SITE ITSELF. THEN THIS IS THE ZONING ATLAS FOR THE SITE. THIS IS THE SUBJECT SITE OUTLINED IN RED. THIS BAYSHORE BOULEVARD AND THE SUBJECT SITE WITH THE CURRENT PD ZONING. YOU CAN SEE TO THE WEST OF THE SITE IS COMMERCIAL GENERAL AND MULTIFAMILY RESIDENTIAL ZONING. PREDOMINANT USE IS RESIDENTIAL OR MULTIFAMILY SURROUNDING THE SITE. YOU HAVE THE VARIOUS ZONING DESIGNATIONS THAT EXIST. TO THE SOUTH IS THE RESIDENTIAL MULTIFAMILY ZONES. WE HAVE TO THE SOUTHWEST PD, AND THEN NORTH OF THE SITE, YOU HAVE THE RS-75 ZONING ALONG WITH THE PD LOCATED NORTHEAST OF THE SITE. AND THEN WEST OF THE EXPRESSWAY, YOU HAVE THE DIFFERENT DEVELOP PATTERN THAT JUST CHANGES A LITTLE MORE TO THE RESIDENTIAL SINGLE-FAMILY AND THAT IS CONSISTENT WITH THE ZONING OF THE RS-50 THAT IS LOCATED WEST OF THE EXPRESSWAY. AND WE WILL HAVE ELEVATIONS OF SUBJECT SITE. THIS IS THE NORTH ELEVATION. THIS IS THE EAST ELEVATION. AND THIS IS THE SOUTH ELEVATION. THIS IS THE WEST ELEVATION. I HAVE PHOTOS OF THE SITE THAT WILL SHOW THE SITE ITSELF AND ALSO SURROUNDING THE SITE SOME OF THE USES THAT ARE THERE. THIS IS THE SUBJECT SITE IF YOU ARE ON BAYSHORE AND YOU ARE LOOKING SOUTH. THIS IS ANOTHER VIEW OF THE SUBJECT SITE. THIS IS ALONG THE EAST BOUNDARY OF THE SITE AND ON BAYSHORE IF YOU ARE LOOKING TOWARD THE NORTH. THE NORTHEAST. THIS IS IF WE SWING BACK AROUND. THE SITE ITSELF IS OFF TO THE RIGHT IN THIS PICTURE. THE NORTHWEST CORNER OF BARCELONA AND BAYSHORE. AND THIS IS THE STRUCTURE THAT IS THERE IN THAT CORNER. THIS IS CENTRAL TO THE SITE. THIS IS FROM BARCELONA. IF YOU WERE LOOKING AT THE SITE. THIS IS ANOTHER PICTURE INSIDE OF THE SITE. THIS IS LOOKING WEST. THIS IS ANOTHER INTERNAL VIEW OF THE SITE, EXISTING WHICH WILL REMAIN. THIS IS SOUTH OF THE SITE. THIS IS AT THE SOUTHWEST CORNER AT. THIS IS SOUTHWEST THE SITE. THIS IS -- THIS IS WEST OF THE SITE ON BARCELONA. THIS IS BAYSHORE PRESBYTERIAN LOCATED WEST OF THE SITE. AND THIS IS THE VIEW LOOKING WEST ON YSABELLA. THE SITE ITSELF IS OFF TO THE RIGHT AND REAR WE SWING ALONG AND THE NORTH PROPERTY LINE AND THIS IS, LIKE, THE BOUNDARY OF THE LINE JUST SHOWING YOU THE GARDEN CLUB IS OFF TO THE RIGHT. AND THIS IS THE SITE WITHIN THAT PHOTO. THIS IS ANOTHER VIEW SHOWING THAT PROPERTY LINE. THE PROPERTY BOUNDARY ON THE SITE. AND THEN THIS IS SWINGING AROUND NORTH TO THE GARDEN CLUB. AND WITH THAT, STAFF REVIEWS THE REQUEST AND FINDS THE REQUEST CONSISTENT. IF IT IS THE PLEASURE OF COUNCIL TO APPROVE THE APPLICATION, THERE ARE SITE PLAN MODIFICATIONS TO BE MADE BETWEEN FIRST AND SECOND READING. AND ALSO I HAVE WHAT IS A REVISED REVISION SHEET IF ADDITIONAL CHANGES ARE NEEDED TO BE ADDED DURING THIS HEARING. I CAN NOTATE THOSE AND I WILL STATE THOSE ON THE RECORD BEFORE THE HEARING CLOSES. AND WITH THAT, I WANT TO TURN IT OVER TO ERIN TO REVIEW NATURAL RESOURCES COMMENTS AND FINDINGS. AND I AM AVAILABLE IF YOU HAVE ANY QUESTIONS. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. YES, MA'AM, PLEASE STATE YOUR NAME. >>. >> ERIN MAHER: LAND DEVELOPMENT COORDINATION. SPEAK OF THE RESOURCES ON THE SITE. ON THE SITE PLAN IN FRONT OF YOU, THERE IS NO NATURAL -- NO THAT RL RESOURCES WAIVERS FOR THE SITE. THESE GREEN CIRCLES ARE THE NONHAZARDOUS GRAND TREES THAT ARE BEING PRESERVED ON THE SITE. THIS ARROW HERE, THIS GREEN TRIANGLE IS THE 31-INCH SPECIMEN LIVE OAK THAT IS SHARED BETWEEN THE PARCEL AND THE PARCEL TO THE NORTH. THE APPLICANT IS PROVIDING A 20-FOOT SETBACK. AND THE CODE FOR THAT TREE REQUIRES A 15-FOOT PROTECTIVE RADIUS, SO THEY ARE PROVIDING MORE THAN THE REQUIRED PROTECTIVE RADIUS FOR THAT TREE. AND I DO WANT TO POINT OUT RIGHT HERE THIS TREE IS TREE NUMBER 38. IT IS A 35-INCH DBH LIVE OAK WHICH HAD AGREE PROTECTION PLAN SUBMITTED INTO THE RECORD AS WELL. THAT INCLUDED THE PRUNING PRESCRIPTION FOR THAT TREE. WHAT WILL BE REQUIRED TO PRUNE TO BUILD THE BUILDING PROPOSED. AND IT ALSO INCLUDES A MONITORING SCHEDULE ONCE THE PRUNING TAKES PLACE. AND WITH THAT, I WILL JUST SPEAK HERE ABOUT THE GREEN SPACE AND ENHANCED BUFFERING ON THE NORTHERN PROPERTY LINE. SO THE SITE 16481 SQUARE FEET OF GREEN SPACE. THEY ARE PROVIDING 35,995 OF GREEN SPACE AND THEY ARE MORE THAN DOUBLING THE CODE REQUIRED GREEN SPACE. THERE IS AN ENHANCE PLANTING ALONG THIS NORTHERN PROPERTY LINE TO THE NORTH. HERE ON THIS SIDE, THEY ARE PROPOSING A ROW OF SABLE PALMS TO THE NORTH EDGE OF THE BUILDING. THEY ARE ALSO PLANTING TEN-INCH CALIBER LIVE OAKS. SO 22 150-INCH KALA ABOUT. THE CODE REQUIRES A 2.5-INCH CALIPER TREE. THE IT REACHES THE IT QUICKER IF IT SURVIVES ESTABLISHMENT, PLANTING AND ALL OF THAT. THIS 20-FOOT SETBACK -- TO THEY ARE PROVIDING, YOU KNOW, THE LIVE OAKS ONE EVERY 20 FEET PER THE CODE REQUIREMENT OF SPACING. THEY ARE ALSO PROPOSING MORE ENHANCED BUFFERING OF TYPE 1 TREES TOO ALONG BUFFER TO ENHANCE THAT LANDSCAPE BUFFER AS WELL TO THE EXISTING BUILDING. AND SO, YEAH, GRIFFIN THE PROPOSAL TO THE SITE, NATURAL RESOURCES FIND THE PROJECT CONSISTENT. AND I'M HERE IF YOU HAVE ANY QUESTIONS. >>GUIDO MANISCALCO: COUNCILMAN CLENDENIN. >>ALAN CLENDENIN: SO THE SETBACKS ON THE NORTH SIDE ARE SIGNIFICANTLY GREATER THAN WHEN THAT FIRST CAME IF I RECALL CORRECTLY. BECAUSE THERE WAS CONCERN OF THE ENCROACHMENT ON THAT ONE LIVE OAK IN THE SHARED PROPERTY LINE. MY QUESTION ABOUT THE SABLE PALMS. IS THAT AN APPROPRIATE PLACE FOR SABLE PALMS? AND ARE THEY GOING TO ENCROACH ON A SIGNIFICANT AMOUNT OF LIVE OAKS THEY ARE GOING TO PLANT? >> ERIN MAHER: THEY CAN BE PLANTED AT THE SAME TIME TOGETHER. THEY WILL BE PLACED ALMOST 20 FEET APART ALONG THERE. SABLE PALMS -- ALL PALMS HAVE TINY FINE ROOTS SO CAN BE PLANTED IN SMALLER AREAS. >>ALAN CLENDENIN: SOMETHING YOU SUGGEST AS A NATURAL RESOURCE OF THE INTEGRATION OF THESE TWO TYPE OF SPECIES? SOMETHING YOU WOULD ENCOURAGE, THAT TYPE OF PLANTING? >> ERIN MAHER: YEAH, I WOULD SUPPORT THAT PLANTING. >>ALAN CLENDENIN: THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY. YES, MA'AM, ANYTHING ELSE? ALL RIGHT. DOES THAT CONCLUDE ALL THE THAT. GO TO THE APPLICANT. SIR, STATE YOUR NAME AND 15 MINUTES FOR YOUR INITIAL PRESENTATION FOLLOWED BY -- YOU SAID -- >> MR. SHIMBERG FOR THE CONGREGATION. HE WILL BE THE NEXT SPEAKER. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. >> IF I MAY, MR. CHAIR, ONE OTHER HOUSE KEEPING MATTER. FOR THE RECORD, WE RECEIVED 109 LETTERS OF SUPPORT. I AM NOT SURE IF THEY MADE IT TO YOU ALL. SO I WOULD LIKE TO PLACE IT ON THE RECORD. 11 X 17 HARD COPIES OF REVISED SITE PLAN THAT I WILL DESCRIBE THE CHANGE AFTER SOME COMMUNITY DISCUSSION. >>GUIDO MANISCALCO: PLEASE HAND THEM TO THE ATTORNEY AND HE WILL PASS THEM OUT. >> THANK YOU, AND I AM NOT SEEING MY PRESENTATION YET. >>GUIDO MANISCALCO: IT IS OUR SCREEN. IT WILL COME UP IN A MINUTE. >>GUIDO MANISCALCO: YES, SIR? >>MARTIN SHELBY: I SEE ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN COPIES. DID YOU GIVE ONE TO THE CLERK. >> I DID NOT. I GAVE TWO TO STAFF AND MAYBE GIVE ONE TO THE CLERK NEXT. >>MARTIN SHELBY: WE WILL DO THAT. THANK YOU. >>MARTIN SHELBY: MR. MIRANDA, IF YOU CAN HAND THAT TO THE CLERK. THANK YOU. >>GUIDO MANISCALCO: BECAUSE OF THE AMOUNT OF PUBLIC COMMENT AND WE DON'T KNOW HOW MUCH. MY LEGISLATIVE AIDE TRYING TO KEEP THINGS ORGANIZED. AFTER THE PRESENTATION IS DONE AND BEFORE WE GO TO PUBLIC COMMENT THAT WE TAKE A BRIEF RECESS JUST TO GET EVERYTHING ORGANIZED AND GET THE PEOPLE TALKING. SO GO AHEAD, SIR. YOU ALREADY STATED YOUR NAME. >> I THINK WE WILL NEED A BREAK BY THEN, MR. CHAIRMAN. GOOD TO SEE YOU ALL, MR. CHAIRMAN. I AM NOT USED TO SEEING YOU THIS EARLY IN THE NIGHT. THANK YOU FOR SETTING THIS HEARING JUST FOR US. WE ARE EXCITED TO BE HERE BEFORE YOU TONIGHT, COUNCIL. BECAUSE WE HAVE GOOD NEWS. AS YOU HEARD, WE SPENT THE LAST YEAR WORKING WITH A MEDIATOR AND YOUR STAFF TO BRING BACK A REDESIGNED RESIDENTIAL PROPOSAL. WE ACCOMPLISHED THE TASK THAT WERE GIVEN TO US IN MEDIATION WE ARE PROUD TO SAY AND CAME UP WITH A PLAN THAT ADDRESSES THE CONCERN WITH THE NEIGHBORS. FITS INTO THE CITY'S PLANS AND IMPROVES THE NEIGHBORHOOD AND ENSURES CONGREGATION RODEF SHALOM WILL BE A THRIVING PART OF THE TAMPA COMMUNITY FOR YEARS TO COME. WE WANT TO THANK YOU FOR GIVING US THE TIME TO MAKE THIS A BETTER PROJECT. ONCE AGAIN, WE HAVE A VERY EXPERIENCED TEAM. WE LIVE, WORK OR PRAY IN THIS NEIGHBORHOOD. WE HAVE SKIN IN THE GAME HERE, AND SO DOES RELATED WHY I WANT TO INTRODUCE TO YOU MR. NICK PEREZ, THE PRESIDENT OF RELATED DIVISION. >> THANK YOU, I WILL BE BRIEF. COUNCILMEMBERS. GREAT TO SEE YOU A YEAR LATER AND A YEAR OLDER FOR MONEY. >>GUIDO MANISCALCO: STATE YOUR NAME. >> NICK PEREZ, THE OF RELATED GROUP. PRESIDENT OF ECONOMY OF RELATED GROUP. SINCE MY FATHER STARTED THIS COMPANY IN 1979, I HAD THE PRIVILEGE OF BUILDING AND CREATING COMMUNITIES ALL THROUGHOUT NORTH AND SOUTH AMERICA. WE ARE VERY PROUD OF THE WORK WE HAVE DONE HERE IN TAMPA, AS WE CONSIDER TAMPA OUR SECOND HOME. OVER THE YEARS, WE WORKED HARD TO EARN THE TRUST OF TAMPA'S RESIDENTS AND LEADERS BY DEMONSTRATING OUR UNWAVERING COMMITMENT TO THE CITY'S CULTURE, FUTURE. WE PROVEN THIS THROUGH VARIOUS ACTIONS AM NUMBER ONE, PRESERVING TAMPA HISTORY. AT RITZ-CARLTON RESIDENCES PRESERVED HIS TORIC FOUNTAIN FROM LA CENTRO ESPANOL HOSPITAL RECOGNIZING TAMPA'S ROOTS AND ENHANCING TAMPA PUBLIC SPACES. VIBRANT ACCESSIBLE SPACES LIKE PIER PARK AND THE RIVERWALK EXTENSION OF RIVERWALK BRINGING ART, GREEN SPACES AND WATERFRONT TO THE CITY. INVESTING IN TAMPA'S WORKFORCE. HOW THAT OUR PROJECTS LIKE ROME YARDS, BUILDING MORE THAN JUST HOUSING BUT BUILDING ECONOMIC GROWTH AND TRAINING OPPORTUNITY FOR TAMPA'S WORK FORCE COMMITTING TO 40% OF THE CONTRACT VALUE FOR ANY NORTH AND WOMEN-OWNED BUSINESSES AND SMALL AND LOCAL BUSINESS ENTERPRISES. CHAMPIONING OF ARTS AND CULTURE WITH CASH DONATIONS TO THE TAMPA MUSEUM OF ART FOR FURTHER ART PURCHASES AND SKULL COMMUTERS AND DONATIONS THE THOUGHTFUL DESIGN THAT INTEGRATES ART INTO PUBLIC SPACES THROUGHOUT THE CITY. THIS BRINGS US TO WHERE WE ARE TONIGHT. RODEF SHALOM SYNAGOGUE APPROACHED US AND WE THOUGHT THE ABILITY TO PRESERVE ONE OF TAMPA'S HISTORIC LANDMARK AND HELPING THE CITY. BY WORKING TOGETHER WE WILL PROVIDE THE SYNAGOGUE WITH THE VITAL AND ESSENTIAL RESOURCES IT NEEDS TO REMAIN IN THE ESTEEMED LOCATION ON BAYSHORE AVENUE. COUNCILMEMBERS, THIS IS NOT JUST BUILDING HOMES, IT IS ABOUT PRESERVING TAMPA'S HERITAGE, ENRICHING ITS CULTURE AND PROVIDING OPPORTUNITIES FOR ITS CITIZENS. IT IS ABOUT CONTINUING MY FAMILY'S VISION OF NOT JUST BUILDING BUILDINGS, BUT BETTER COMMUNITIES FOR EVERYONE. WE UNDERSTAND THAT THE DEVELOPMENT CAN BRING CURBS. WE ARE COMMITTED TO LISTENING AND ENGAGING THAT OUR PROJECT ALLIANCE WITH COMPANY'S GOALS, CHARACTER AND NEED. TONIGHT WE ASK FOR YOUR TRUST AND VISION FOR THIS PROJECT. A THOUGHTFUL COMMUNITY-FOCUSED DEVELOPMENT THAT NOT ONLY RESPECTS TAMPA'S HISTORY BUT ADDRESSES ITS GROWING NEED. I RESPECTFULLY REQUEST YOUR SUPPORT IN APPROVING OUR ARE REZONING REQUEST SO WE CAN WORK TOGETHER ON A PROBABLY THAT TAMPA COMMUNITY WILL BE PROUD OF. >>GUIDO MANISCALCO: THANK YOU. >> JAKE KREMER DID AGAIN. STAFF DID A GOOD JOB AND STAFF. I DON'T WANT TO TREAD THAT GROUND. THE THING I WANT TO POINT OUT, WE HAVE BEEN WORKING FOR THREE YEARS. YOUR FIRST INCLINATION, YOU HAVE BEEN HERE THREE TIMES, WHY DO YOU KEEP COMING TO US. TO BE HONEST, THE PROJECT HAS GOTTEN BETTER EVERY TIME MY TIME AS A PLANNER AND LAND USE ATTORNEY. I WISH THIS WOULD HAVE BEEN THE FIRST PROJECT WE BROUGHT TO YOU. NOT THE HAND WE WERE DEALT, BUT I TRULY BELIEVE THIS IS A BETTER PROJECT BECAUSE OF THAT. ANOTHER REASON THE PROBABLY HAS GOTTEN BETTER, WE CONTINUED TO HAVE COMMUNITY CONVERSATIONS. WE HAD -- IF YOU COUNT THE PUBLIC HEARING TIME, WE PROBABLY HAD MORE PUBLIC COMMENT ON THIS PARTICULAR PROJECT THAN ANY -- CERTAINLY ANY THAT I EVER WORKED ON. WE HAD THREE OPEN HOUSES, INCLUDING ONE JUST LAST MONTH. AND SOMETHING THAT CAME OUT OF THAT IS THE CHANGE I AM GOING TO DISCUSS WITH YOU IN JUST A FEW MOMENTS. WE ALSO HAD MANY, MANY INDIVIDUAL CONVERSATIONS. SO THAT BRINGS US TO WHERE WE ARE. WHAT HAS HAPPENED IN TWO YEARS. AND YOU MIGHT RECALL WE STARTED WITH 06 UNITS AND 29 STORIES IN DECEMBER OF '22. WE ARE DOWN TO 38 UNITS AND 16 STORIES. NOW COUNCIL, THE CHANGE IS SO SUBSTANTIAL THAT THE TOWER THAT WE INITIALLY PROPOSED WHEN YOU COMPARE THAT TO THE REST DENS BEFORE YOU TODAY, IT WAS ESSENTIALLY JUST THE TOP OF THE TOWER. THAT IS HOW MUCH SMALLER THIS PROJECT HAS GOTTEN OVER TIME. SO HERE IS OUR NEW COMPROMISE PLAN. AGAIN, YOU CAN SEE THE ALTURA, THE TWO RITZ TOWERS IN BACK GROUND. DOWN TO 195 FEET IN THE COMPROMISED PLAN, 39% REDUCTION IN HEIGHT. WE ARE DOWN TO 16 STORY ARE A 39% REDUCTION. WE ARE DOWN TO 38 UNITS, WHICH IS ONLY A FEW UNITS FEWER, BUT A 37% DECREASE FROM DAY ONE. AND REDUCED THE BUILDING SQUARE FEET ALMOST 30% FROM THE LAST TIME THIS CAME BEFORE YOU. WE ALSO STRENGTHEN ED THE DISALLOWANCE OF THE SUB CHANGE. THE BUILDING, THE FOOTPRINT, THE DETAILS, THE LANDSCAPE PLAN, NONE OF THAT CAN BE CHANGED UNLESS WE COME BACK TO YOU ALL AND ASK FOR YOUR PERMISSION. WE ALSO INCLUDED BECAUSE YOU KNOW THE SYNAGOGUE IS THE BUFFER TO THE NEXT-DOOR EVENT CENTER. WE HAVE A DEED RESTRICTION IN PLACE THAT BEFORE -- BEFORE THAT TOWER AND PEOPLE MOVE IN, BEFORE PEOPLE MOVE IN TO THE RESIDENCES THAT NOT ONLY WILL THE SYNAGOGUE REMAIN IN ITS CURRENT HEIGHT, ITS CURRENT FOOTPRINT, BUT THE ONLY THING THAT BUILDING CAN BE USED FOR A DECADE IS FOR A RELIGIOUS USE. THAT IS A FURTHER PROTECTION. SO HERE YOU CAN SEE WHAT WE BROUGHT TO YOU IN 2024, A YEAR AGO VERSES NOW -- VERSUS NOW. WHAT WE BROUGHT TO YOU A YEAR AGO VERSUS NOW. WHAT I REALLY LIKE ABOUT THIS NEW DESIGN, IT HIGHLIGHTS THE MENORAH. ONE OF THOSE ICONIC BAYSHORE FEATURES. AGAIN YOU ALL HELD OUR FEET TO THE FIRE. I LIKE THIS DESIGN A LOT BETTER. HIGHLIGHTS THAT ICONIC FEATURE ON BAYSHORE. COUNCIL, I THINK YOU ALL KNOW THIS. NOBODY HAS A RIGHT TO VIEW IN FLORIDA. UNLESS YOU BUY IT, YOU DON'T HAVE A VIEW. THE OPPORTUNITY WITHER PRESENTED WITH, WITH THE REORIENTATION. WE MADE SURE THAT WHEN YOU LOOK AT THE ORIENTATION OF THE PRESBYTERIAN TOWER AND T THE ARTURA TOWER THAT WE ARE NOT BLOCKING THOSE VIEWS. AGAIN, WE ARE TRYING TO BE A GOOD NEIGHBOR. WHEN YOU LOOK AT HOW OUR TOWER IS ORIENTED, WE ARE LOOKING AT A DIRT PARKING LOT AND THE WATER. WE ARE NOT LOOKING AT THE GARDEN CENTER. NOT LOOKING AT THAT EVENT CENTER. SO THEN WE FOCUSED ON WHAT IS THE STREETSCAPE. THAT IS SOMETHING WE HEARD A LOT ABOUT THE LAST TIME. WE MAINTAINED TOWER COMMITMENT OF BARCELONA AND YSABELLA. WE ADDED A CONDITION NOTING A GRADUAL FENCE TRANSITION HEIGHT ALONG BAYSHORE JUST TO PRESERVE THAT CORRIDOR'S VIEW. WE HAVE ADDED A CONDITION AS STAFF MENTIONED REQUIRING A SIX-FOOT SIDEWALK AND AN EIGHT-FOOT SIDEWALK AND ENHANCED OUR CROSSING WITH A FLASH BEACON AS WELL AS EXTENDING SIDEWALKS OFFSITE. WHICH BRINGS ME TO THE COMMUNITY REQUEST. WE THOUGHT THIS WAS A GREAT SUGGESTION THAT CAME UP IN OUR COMMUNITY MEETING. THIS IS THE ONLY CHANGE IN THE SITE PLAN I PASSED OUT. I SPOKEN WITH STAFF, AND THEY FEEL LIKE WE CAN MAKE IT BETWEEN FIRST AND SECOND READING IF IT IS COUNCIL'S PLEASURE. MID-BLOCK CROSSING. THE COMMUNITY CONCERN MID-BLOCK CROSSING AND SIDEWALK ACROSS THE STREET. AND YOU ARE CLOSING THE SIDEWALK ON THE EAST SIDE OF YSABELLA. WE MADE IT WHAT CAN WE DO? MOVE 9 MIDBLOCK TO IT THE NORTH, WHICH IS CLOSER TO THE EXISTING BUS STOP AND FILL AN ADDITIONAL SIDEWALK GAP, AGAIN, FROM THE COMMUNITY FEEDBACK. EVEN WHEN WE CLOSE OUR SIDEWALK, OUR CONDITION SAYS, WE HAVE TO DO THAT. WE HAVE TO DO THAT TO ENSURE SAFE PASSAGE BEFORE WE ARE ABLE TO CLOSE THE SIDEWALK ON OUR SIDE OF THE STREET. STAFF DID A GREAT JOB BUT I WILL SHOW YOU THE COLOR PICTURES WHAT WE ARE IMAGINING FOR MORE GREENERY. WE HAVE MAINTAINED ALL OF THE GRAND TREES THAT WAS A COMMITMENT LAST TIME. WE ARE MANAGING THAT AGAIN. WE ARE MAINTAINING THE 20-FOOT SETBACK WHICH IS THE SAME SETBACK HAS THE SCHOOL THAT IS GOING TO BE DEMOLISHED. THAT IS BEING MAINTAINED STILL. AGAIN, WE ARE ADDING ALL OF THIS GREENERY THAT ULTIMATELY WILL GET UP TO 40 TO 60 FEET TALL. OUR LANDSCAPE ARCHITECT IS HERE IF YOU HAVE ANY QUESTIONS FOR HER WHAT THIS WILL LOOK LIKE. THE DESIGN AGAIN -- WE STARTED AT SQUARE ONE FOR THIS ENTIRE DESIGN. WE THREW OUT THE OLD PLANS AND STARTED FRESH WITH OUR ARCHITECT AND ENGINEERS. WHAT WE HAVE DONE IS REORIENTED THE COMMON SPACE, THAT POOL SPACE. YOU MAY RECALL IT WRAPPED AROUND. THAT IS GONE. IT IS NOW ON THE SOUTH SIDE. AND THAT IS LIMITED TO 77 FEET, BECAUSE WE ARE TRYING TO BE MORE SENSITIVE TO THE SINGLE-FAMILY THAT ARE DOWN ON THAT OF THE PROPERTY AND BANNING ANY SPORTS COURT. THAT IS GONE. NOT AN ACTIVE SPACE OTHER THAN THE POOL. SYNAGOGUE IS ACTING AS A BUFFER WITH THE DEED RESTRICTION. AND THIS IS REALLY IMPORTANT. BECAUSE THIS WAS A BIG CONCERN LAST TIME THAT WE HEARD. THE BALCONIES ARE GONE FROM THE NORTH FACE OF THE BUILDING. THOSE ARE GONE. YOU CAN SEE THE OLD PLAN VERSUS THE NEW. THE BALCONIES ARE GONE AND THE UNITS ARE ORIENTED TO THE WATER. WHAT WE HAVE HERE IS AN EMERGING HIGH-RISE DISTRICT. I KNOW PEOPLE DON'T LIKE TO HEAR THAT, BUT THIS IS. WHEN LIEU CAN AT THE TOWERS -- LOOK AT THE TOWER ARE BAYSHORE PRESBYTERIAN. BUILT IN THE SAME YEAR THAT THE GARDEN CLUB AND SYNAGOGUE BUILT THEIR PROPERTIES AT THE SAME TIME. EVERYONE KNEW FROM DAY ONE IN 1969 THIS WILL BE A HIGH-RISE DISTRICT, COUNCIL. SINCE 2020, WE HAD THE SANCTUARY, THE RITZ 1 RRITZ 2, ACQUATICA. ALL MADE IT A HIGH RISE DISTRICT. CHANGE IN CHARACTER. HI MAY BE FROM A COW TOWN IN NORTH FLORIDA, BUT THIS LOOKS LIKE BRICKELL AVENUE. THIS LOOKS LIKE BRICKELL AVENUE. LOOK AT THESE TOWERS, COUNCIL. THESE HAVE BEEN BUILT IN THE LAST FIVE YEARS. WE ARE WEDGED BETWEEN AN INTENSE EVENT VENUE PARKING -- DIRT PARKING AND THE 24-STORY ALTURA TOWER 1 2 FEET AWAY. THAT IS THE SITE WE ARE WORKING WITH. COUNCIL, A WALKABLE DISTRICT NOW. ONE OF PLACES OUTSIDE OF DOWNTOWN THAT YOU CAN TRULY SAY THAT. SO LET'S LOOK AT BAYSHORE GARDENS. BAYSHORE GARDENS IS NOW A MIXED NEIGHBORHOOD. YOU HAVE A RESIDENTIAL, A LOW-RISE RESIDENTIAL DISTRICT, BUT IF YOU ARE ON BARBIE AND GO SOUTH, IT VERY, VERY QUICKLY BECOMES A HIGH-RISE DISTRICT. A MIXED NEIGHBORHOOD AND GIVES IT ITS VITALITY. NOT A DOWNSIDE BUT A BENEFIT. WHY PEOPLE WANT TO MOVE TO THE NEIGHBORHOOD. COUNCIL, IF YOU DON'T LOOK AT ANYTHING ELSE THAT I PRESENT TO YOU TONIGHT, WE WENT AND CHARTED -- WE PLOTTED THE HEIGHTS OF EVERY TOWER IN THE BAYSHORE GARDENS NEIGHBORHOOD. THE AVERAGE IS ABOUT 20 STORIES. WE ARE PROPOSING TO YOU -- AGAIN, WE ARE PROPOSING TO YOU SOMETHING MUCH SHORTER THAN THAT. YOU LOOK AT THE RED STARS, THOSE ARE THE TOWER THAT ARE ADJACENT TO SINGLE-FAMILY RESIDENTIAL. VIRTUALLY ALL OF THEM. THIS IS NOT UNUSUAL. THIS HAPPENS ALL OVER TAMPA. AND THAT'S WHAT THIS NEIGHBORHOOD IS. THIS NEIGHBORHOOD IS A MIX. AND IT HAS BEEN SINCE 1969. SO, AGAIN, WE HAVE HAD SEVERAL HEARINGS. SO LET'S TAKE IT BACK TO WHERE WE HAVE BEEN. IN 2023, YOU ALL BROUGHT SEVERAL CONCERNS TO THE TABLE. TOO MANY WAIVERS. GRAND TREES. DIDN'T NEED TO BE REMOVED. YOU SAID TOO MUCH DENSITY. YOU DIDN'T LIKE THE BONUS AGREEMENT. YOU DIDN'T LIKE THE SETBACKS. ALL THOSE WERE FIXED. WE BROUGHT THAT -- CAME BACK TO YOU IN 2024. WE RAISED SOME ADDITIONAL CONCERNS. HEIGHT MASSING PRIVACY COMMITMENT TO THE COMMUNITY AND NEIGHBORHOOD IMPROVEMENTS. AS I JUST WALKED THROUGH WITH YOU, WE HAVE ADDRESSED ALL OF THOSE AS WELL. SO WITH THAT, COUNCIL, WITH THE REMAINING TIME, I WOULD LIKE TO HOLD THAT FOR REBUTTAL AND OUR TEAM IS HERE IF YOU HAVE ANY QUESTIONS. THANK YOU. >>GUIDO MANISCALCO: MR. SHIMBERG, YOU ARE NEXT, SIR. WHO IS AFTER MR. SHIMBERG? >> A COUPLE OF OTHER RANDOM SPEAKERS AS PART OF OUR TEN MINUTES. >> I WILL CLARIFY. AFTER THE CONGREGATION SPEAKERS, THEN WE WILL HAVE MR. RICHARD HARRISON. >>GUIDO MANISCALCO: HE -- >> I REPRESENTS THE GARDEN CLUB. >>GUIDO MANISCALCO: STATE YOUR NAME. >> MY NAME IS JIM SHIMBERG SHOE HAHN LAW GROUP. REPRESENTING CONGREGATION RODEF SHALOM. AS YOU HEARD FROM STAFF AND JAKE AND THE MEDIATOR, THIS PROJECT HAS CHANGED FROM THE RESPONSE FROM THE PUBLIC HEARING TWO YEARS AGO AND BASE ON TWO VERY PRODUCTIVE MEDIATION IN FRONT OF JUDGE BATTLES. THIS A DIFFERENT PROJECT THAN WHAT YOU VOTED DO UP IN 2024. MANY OF THE ISSUED RAISED BY THE PUBLIC THAT NIGHT HAVE BEEN ADDRESSED. WE MET WITH THE INTERESTED PARTIES AND TAKEN THEIR CONCERNS SERIOUSLY. AND THE FACTOR TO HAVE RODEF TO SELL PART OF THEIR PROPERTY IN THE FIRST PLACE AND WHAT WILL HAPPEN DESPITE WHAT HAPPENS TONIGHT. YOU WILL HEAR FROM THEM. YOU WILL LISTEN TO EVERYTHING AND MAKE THE BEST DECISION FOR THE CITY. FOLLOWING ME ARE KEY LEADERS FROM THE SYNAGOGUE THAT WILL SPEAK TO YOU STARTING WITH THEIR THE, LLOYD STERN AND MR. TODD AND JONATHAN TANNEN. >>GUIDO MANISCALCO: HELLO, SIR. PLEASE STATE YOUR NAME. >> LLOYD STERN. GOOD EVENING MEMBERS OF CITY COUNCIL. MY NAME IS LLOYD STERN, I AM THE PRESIDENT OF CONGREGATION RODEF SHALOM, A SYNAGOGUE THAT IS A CORNERSTONE OF TAMPA'S JEWISH COMMUNITY FOR 120 YEARS. SENSE 1969, WE PROUDLY CALLED BAYSHORE HOME. AND TODAY I'M HERE TO ADVOCATE FOR OUR CONGREGATION'S FUTURE AND RESPONSIBLE GROWTH IN TAMPA OVER TWO DAYS, WE ENGAGED MEDIATION WITH THE CITY TO REFINE THIS PROJECT. EVERY STATE DEPARTMENT, WITHOUT EXCEPTION, REVIEWED AND RECOMMENDED APPROVAL OF THE REVISED SITE PLAN. YET DESPITE OUR WILLINGNESS TO COMPROMISE AND ADAPT, WE STILL FACE CONTINUED OPPOSITION FROM THOSE WHO HAVE REFUSED TO EVEN ENGAGE IN MEANINGFUL DIALOGUE. LET'S BE CLEAR. THIS IS THE THIRD TIME WE HAVE COME BEFORE YOU. IT IS TIME TO MOVE FORWARD. TAMPA IS NOT THE CITY IT WAS DECADES AGO. I REMEMBER BEING MUCH YOUNGER. GOING TO DOWNTOWN AFTER DARK AND IT BE EMPTY. WHEN BARBIE WAS QUIET BUT STAGNANT. AND WHEN YOUNG PEOPLE LEFT TAMPA AFTER SCHOOL FOR GOOD, NEVER TO RETURN. TODAY WE SEE A VIBRANT GROWING CITY, AND THAT PROGRESS CAN'T HAPPEN BY RESISTING CHANGE, BUT BY ENCOURAGING CHANGE. THE GARDEN CLUB AND OTHER OPPONENTS ARGUE THAT THIS PROJECT WILL SOMEHOW HARM BARBIE. BUT BARBIE HAS ALR-- BAYSHORE H ALREADY EVOLVED. THE TOWER A 24-STORY LUXURY HIGH-RISE AND THE YOUR COMING RELATED GROUP DEVELOPMENT HAVE ALL CHANGED THE SKYLINE IN THIS AREA OF BAYSHORE. THIS PROJECT IS NOW FAR MORE THOUGHTFUL, INTEGRATING GREEN SPACE, ADJUSTING HEAT AND P-- ADJUSTING HEIGHT AND PRIORITIZING COMMUNITY'S CONCERNS. RODEF SHALOM FOR EDUCATION, OUTREACH FOR GENERATIONS. THIS IS BIGGER THAN ONE BUILDING. THIS IS ABOUT TAMPA'S FUTURE. WILL WE BE A CITY THAT EMBRACES RESPONSIBLE, SUSTAINABLE GROWTH? OR ONE THAT CAVES TO A SMALL, VOCAL OPPOSITION AT THE EXPENSE OF PROGRESS. THIS PROJECT IS A WIN FOR THE CITY. PROVIDES SMART DEVELOPMENT, STRENGTHENS A HISTORIC INSTITUTION, AND DOESN'T COST THE TAXPAYERS A DIME. I URGE TO YOU DO THE RIGHT THING, NOT THE EASIEST THING. APPROVE THIS PROJECT AND HELP ENSURE THAT TAMPA REMAIN AS SEA OF OPPORTUNITY, NOT OBSTRUCTION. THANK YOU FOR YOUR TIME. >>GUIDO MANISCALCO: THANK YOU. NEXT SPEAKER IS THERE TAUB. PLEASE STADIUM NAME. >> MY NAME IS BRIAN TAUB. I'M A RESIDENT OF TAMPA FOR OVER 34 YEARS. AND I THANK YOU FOR HEARING ME THIS EVENING. I AM IN THE UNIQUE POSITION OF NOT ONLY BEING A MEMBER OF CONGREGATION RODEF SHALOM FOR OVER 30 YEARS, BUT BEING A REAL ESTATE DEVELOPER IN TAMPA FOR OVER 30 YEARS. AS A MATTER OF FACT, THE LAST DEVELOPMENT I DID WAS CALLED "THE SANCTUARY." LOCATED ON BAYSHORE BOULEVARD, APPROXIMATELY 50 FEET NORTH OF RUBIDEAUX AND 00 -- 200 FEET NORTH OF THE SUBJECT PROPERTY. LOCATED ON BAYSHORE BOULEVARD, ITS NEIGHBORS TO IT THE WEST ARE SINGLE-FAMILY HOMES AND TOWN HOMES ON PALM AND YSABELLA. I WAS FORTUNATE WILL YOU HAVE TO BE GRANTED UNANIMOUS APPROVAL BY CITY COUNCIL IN 2018 FOR THIS 15-RESIDENT -- YEAH, 18-STORY, 200-FOOT HIGH-RISE DEVELOPMENT. SHORTLY THEREAFTER, YOU ALL, CITY COUNCIL, APPROVED ALTURA AT 274 FEET WITH 7 RESIDENTS. THEY ALSO RECEIVED UNANIMOUS APPROVAL FROM CITY COUNCIL. BOTH OF THESE DEVELOPMENTS ARE WITHIN THE BAYSHORE GARDEN COMMUNITY. AND BOTH OF THESE HAVE -- THE RESIDENTS AND THE NEIGHBORS THAT ARE IN THIS COMMUNITY ARE HERE TONIGHT ARE HERE TONIGHT CONCERNED ABOUT THIS DEAL. SHORTLY AFTER THE ALTURA DEVELOPMENT WAS APPROVED UNANIMOUSLY. THE RITZ RESIDENCES APPROVED FOR TWO TOWERS, ONE JUST UNDER 300 FEET AND ONE OVER 300 FEET. AND IT WAS APPROVED ALMOST UNANIMOUSLY BUT FOR ONE VOTE THAT WAS A DISSENTING VOTE. I THINK YOU SEE A PRECEDENT THAT HAS BEEN ESTABLISHED BY THE CITY THAT BETWEEN STOVALL AND CAROLINA, A NUMBER OF HIGH-RISE CONDO CONDOMINIUMS. CLEARLY THAT IS NOT THE CASE IF YOU GO TO DESOTO TO SWANN WHERE THERE ARE NO CONDOMINIUMS. IN THIS PARTICULAR AREA, THERE ARE A MIXTURE OF CONDOMINIUMS AND SINGLE-FAMILY TOWN HOMES. I WOULD ASK YOU PLEASE TO CONSIDER YOUR APPROVAL OF THIS PROJECT TO BE CONSISTENT AS CITY STAFF HAS SAID TONIGHT WITH THE WAY THEY LOOKED AND APPROVED THIS PROJECT. AND I THANK YOU VERY MUCH. >>GUIDO MANISCALCO: THANK YOU, SIR. MR. SHIMBERG, ANYBODY ELSE? YES SIR? COME ON UP. PLEASE STATE YOUR NAME. >> GOOD EVENING. I AM JONATHAN TANNEN. I AM A MEMBER OF CONGREGATION RODEF SHALOM, AND A MEMBER OF THE BOARD AND I VOLUNTEER THERE AS A SUNDAY SCHOOL TEACHER. I JUST WANT TO TALK TO YOU OF THE IMPORTANCE OF THIS SYNAGOGUE TO OUR COMMUNITY. WE HAVE A WONDERFUL CONGREGATION. OUR MEMBERS CELEBRATE HOLIDAYS AND LIFE EVENTS THERE. WE -- LLOYD, WHO JUST SPOKE, HIS SON JUST HAD HIS BAR MITZVAH. PLACE WAS PACKED A FEW WEEKENDS AGO. WE DO COMMUNITY EVENTS. WE CELEBRATE HOLIDAYS. WE REVAMPED OUR SUNDAY SCHOOL AND I TEACH AS A SUNDAY SCHOOL TEACHER. KIDS FROM THREE YEARS OLD TO HIGH SCHOOL. AND WE WANT TO SUPPORT THAT BUILDING AND WE WANT TO SUPPORT THAT INSTITUTION AND KEEP IT GOING FROM GENERATIONS TO COME. AND UNFORTUNATELY, WE ALSO HAVE A 55-YEAR-OLD BUILDING THAT REQUIRES A LOT OF UPKEEP. WE ARE CLOSE TO THE WATER LINE THAT IS PROPOSED TO POTENTIAL STORM DAMAGE. IT WAS BUILT BEFORE MODERN HURRICANE CITY CODES WERE IN PLACE, AND WE WANT TO UPGRADE IT AND STRENGTHEN IT AND ENSURE THAT IT IS GOING TO CONTINUE TO BE THERE. AND WE -- THIS PROPOSAL SOLVES THAT PROBLEM. IT WILL GIVE US AN ENDOWMENT TO MAINTAIN AND STRENGTHEN THE BUILDING. ALLOW US FOR THE PROGRAMMING AND TO BETTER SERVE OUR CONGREGANTS AND BETTER SERVE THE COMMUNITY AT LARGE. SPEAKING ON BEHALF -- ON BEHALF OF THE BOARD, WE DIDN'T DO THIS IN A VACUUM. THIS AREA ALREADY HAS SEVERAL HIGH RISE IN IT. I TOOK THESE PHOTOS JUST THIS EVENING. SOME OF THEM ARE SIMILAR TO PHOTOS YOU HAVE ALREADY SEEN. THIS WAS TAKEN STANDING I IN RODEF'S PARKING LOT LOOKING AT THE ALTURA THAT IS SUBSTANTIALLY LARGER THAN THE PROPOSAL THAT IS BEFORE YOU. >>GUIDO MANISCALCO: LET'S SEE THE FIRST ONE. >> ARE YOU READY TO SEE IT? >>GUIDO MANISCALCO: THEY ARE CONVERTING IT OVER. JUST GIVE IT A MOMENT. THAT IS THE FIRST PHOTO. SECOND PHOTO? >> SECOND PHOTO TAKEN AT THE STREET LEVEL LOOKING AT THE OTHER TOWERS CURRENTLY IN THE AREA. I WALKED A LITTLE BIT UP THE STREET AND YOU CAN SEE THE BAYSHORE PRESBYTERIAN TOWER STANDING ON YSABELLA LOOKING NORTH AWAY FROM THE GARDEN CLUB'S PROPERTY. AND THEN THIS PHOTO I TOOK FACING SOUTH FACING THE GARDEN C CLUB LOOKING AT THE OTHER SIDE OF THE PROPERTY. WE BELIEVE IT IS APPROPRIATE AND WILL NOT CHANGE THE CHARACTER OF THE NEIGHBORHOOD. IT IS IMPORTANT TO RECOGNIZE THAT THIS IS A COMPROMISE. PROPOSAL BEFORE YOU THIS EVENING HAS SUBSTANTIALLY CHANGED FROM THE ONE THAT WAS BEFORE YOU THE LAST TIME YOU VOTED ON THIS. IT IS A MUCH SHORTER BUILDING. SIGNIFICANTLY SHORTER THAN SOME OF THE OTHER BUILDINGS IN THE AREA. I BELIEVE IT IS ABOUT THE SAME SIZE AS THE BAYSHORE PRESBYTERIAN TOWER THAT CURRENTLY LOOKS OVER THE GARDEN CLUB. AND IT IS WE ARE MAKING EVERY EFFORT TO BE GOOD NEIGHBORS AND ADDRESS THE CONCERNS OF THE NEIGH NEIGHBORHOOD. NOW AT THE END OF THE DAY, NOT EVERYONE WILL GET EVERYTHING THEY WANT. THIS IS A COMPROMISE. AND I THINK THIS IS A GOOD -- THIS IS A GOOD COMPROMISE FOR THE NEIGHBORHOOD AND ENSURE THE FUTURE OF THE SYNAGOGUE. ONE OF THE SPEAKERS EARLIER SAID THERE WILL BE A RESTRICTIVE COVENANT -- >> I AM OUT OF TOWN. WE HOPE THAT THE SYNAGOGUE FOR TEN YEARS AND WE HOPE IT WILL BE THERE FOR MANY, MANY YEARS AFTER THAT. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. THAT CONCLUDES YOUR TIME, MR. SHIMBURG AND COMPANY. NOW WE HEAR FROM MR. HARRISON, IS THAT CORRECT? HELLO, SIR. GOOD EVENING. PLEASE STATE YOUR NAME. MR. SHELBY, YES. >>MARTIN SHELBY: MR. HARRISON, DO YOU HAVE A SPEAKER WAIVER FORM. >> I HAVE A SPEAKER WAIVER FORM, YES, SIR. >>MARTIN SHELBY: IF YOU HAVE A SPEAKER WAIVER FORM THIS EVENING, WHEN YOU COME UP, PLEASE HAND IT TO ME. WHAT I WILL DO -- >>GUIDO MANISCALCO: MR. SHELBY, DOES THIS KICK OFF PUBLIC COMMENT OFFICIALLY? >>MARTIN SHELBY: I DON'T BELIEVE SO, BECAUSE AFTER THIS WE HAVE -- WE HAVE ANOTHER ATTORNEY WHO WILL FOLLOW -- THIS IS PART OF PUBLIC COMMENT? OKAY. I STAND CORRECTED. THIS DOES BEGIN PUBLIC COMMENT. >>GUIDO MANISCALCO: PER MY LEGISLATIVE AIDE. SHE ASKED FOR A BRIEF RECESS BECAUSE WE HAVE A LOT OF PUBLIC SPEAKERS. BEFORE WE BEGIN YOU WITH A TEN-MINUTE RECESS MR. SHELBY TO GET EVERYTHING ORGANIZED. >>MARTIN SHELBY: SHE WISHES TO DO THAT NOW. >>GUIDO MANISCALCO: SHE CAME OVER TO ASK BECAUSE THERE ARE A LOT OF PEOPLE DOWNSTAIRS. >>MARTIN SHELBY: WHAT HAPPENED -- IF I CAN -- MISS EDWARD IS NOT HERE. WE HAVE SEVEN NAMES HERE. THEN WE WOULD HAVE SEVEN NAMES I SUSPECT WITH THE FOLLOWING SPEAKER 14 ADDITIONAL SEATS THAT WOULD BE ABLE TO BE OPENED UP. THAT'S CORRECT? >>GUIDO MANISCALCO: WE WILL GO TO YOU, SIR, FIRST, AND THEN I WILL SEE WHEN SHE COMES IN. I KNOW SHE IS LISTENING. READ THE NAMES, MR. SHELBY. >>MARTIN SHELBY: PARDON ME. OH, THANK YOU. ANALISE MEYER. ARE YOU PRESENT? MAYBE SHE IS NOT IN HERE THEN. >>GUIDO MANISCALCO: MAYBE SHE IS DOWNSTAIRS. >>MARTIN SHELBY: THAT MIGHT BE THE ISSUE THEN. >>GUIDO MANISCALCO: WE WILL TAKE A RECESS FOR TEN MINUTES. I WANT TO KEEP EVERYTHING ORGANIZED AND DON'T -- YOU DON'T HAVE TO LEAVE. DON'T GO THROUGH SECURITY. WE WILL BE BACK IN TEN MINUTES. THANK YOU. KWARLZ CARLSON HERE. >>LYNN HURTAK: HERE. >>GWEN HENDERSON: PRESENT. >>CHARLIE MIRANDA: HERE. >>GUIDO MANISCALCO: VIERA IS RIGHT HERE. >>GUIDO MANISCALCO: HERE. >>CLERK: WE HAVE A PHYSICAL QUORUM MR. HARRISON IS THE FIRST SPEAKER. HE HAS A SPEAKER WAIVER FORM. >>MARTIN SHELBY: MARTIN SHELBY, CITY COUNCIL ATTORNEY. FOR MEMBERS OF THE PUBLIC NOW DURING PUBLIC COMMENT, THE CITY COUNCIL RULES DO PROVIDE TO ALLOW A SPEAKER EXTRA TIME IF THEY PARTICIPATE WITH A PUBLIC SPEAKER WAIVER FORM WHICH IS AVAILABLE OUTSIDE. AND I SEE HERE THERE ARE SEVEN NAMES. YOU CAN HAVE UP TO SEVEN NAMES ON THE SHEET A FOR EACH PERSON, THEY GAVE UP THREE MINUTES. THE PEOPLE WHOSE NAMES I CALL OUT WAIVE THEIR OPPORTUNITY TO SPEAK TO GIVE THE SPEAKER AN ADDITIONAL MINUTE. THIS IS TRUE FOR MR. HARRISON AND ANYBODY ELSE APPROACHING WITH A SPEAKER WAIVER FORM. WHEN THE SPEAKER COMES UP, PLEASE HAND ME THE SPEAKER WAIVER FORM BEFORE. THE PEOPLE WHOSE NAMES I CALLED HAVE TO BE PRESENT SO THEY CAN ACKNOWLEDGE THEY ARE GIVING THEIR TIME. I WILL ADD UP THE PEOPLE PRESENT AND TIMER WILL BE SET. FOR SEVEN NAMES WILL BE A TOTAL OF TEN MINUTES. IF I CALL YOUR NAME PLEASE ACKNOWLEDGE ANA LEASE, KAREN ROBERTS, SUZANNE CORAL. JOANNE HAUSER. DEAN HOWSER. MARY SEVILLE. >> HERE. >>MARTIN SHELBY: TEN MINUTES PLEASE. >> THANK YOU, MR. CHAIRMAN, I AM ATTORNEY RICHARD HARRISON HERE REPRESENTING THE TAMPA GARDEN CLUB. I WAS TO THE INVOLVED WHEN YOU FIRST HEARD IT BUT I WAS INVOLVED AFTER THE MEDIATION YOU TALKED ABOUT. GOOD TO BE IN FRONT OF YOU. ATTORNEY JANE GRAHAM IS HERE REPRESENTING ALTURA. WE TRIED TO COORDINATE SOMEWHAT SO WE ARE NOT REPEATING OURSELVES AND UNNECESSARILY TAKING UP TIME. WE HAVE ALSO MUTUALLY RETAINED A LAND PLANNER JEFF CADEMS WHO WILL BE TESTIFYING FOR BOTH TAMPA GARDEN CLUB AND ALTURA. I WANT TO MAKE REALLY SOME BIG PICTURE POINTS. YOU WILL HEAR A LOT OF TECHNICAL STUFF ABOUT LAND USE. I WANT TO MAKE BIG PICTURE POINTS. THE FIRST IS ABOUT THIS FLUEDRA MEDIATION THAT YOU HEARD ABOUT. BECAUSE I DON'T WANT TO HAVE A MISIMPRESSION THAT FOLKS LIKE THE GARDEN CLUB AND FOLKS LIKE ALTURA AND FOLKS LIKE THE RESIDENTS IN THE AREA, THE NEIGHBORS, WERE ACTIVE PARTICIPANTS IN THAT. IT IS A VERY BIZARRE PROCESS. A STATUTE THAT THE LEGISLATURE WROTE AND IMPOSED ON US. WE GET INVITED TO COME TO THE MEDIATION, AND THEN WE GET TOLD YOU DON'T GET TO PARTICIPATE IN THE NEXT. YOU GET TO SIT IN THE LOBBY AND WAIT UNTIL WE ARE DONE. THAT IS EXACTLY WHAT HAPPENED. THE END OF THE VERY FIRST LONG DAY, WE HUNG OUT ALL DAY, AND PARTIES, BEING THE CITY AND THE DEVELOPER WERE GOING BACK AND FORTH WITH THE MEDIATOR NEGOTIATING. AND WE HAD NOTHING TO DO WITH ANY OF THAT. WE WERE NOT INVOLVED. AT THE END OF THE DAY THEY SAID WE DIDN'T AGREE. WE ARE COME BACK FOR ANOTHER ROUND. SAME THING HAPPENED ON DAY TWO. DAY TWO, THEY COME BACK OUT AND SAY, HA HA, WE REACHED WHAT IS AN AGREEMENT. WE HAD NOTHING TO DO WITH ANY OF IT. TWO WEEKS WORK CONTINUING TO AND PUT IT BRIEFLY ON AN OVERHEAD AND SAID DO YOU GUYS HAVE ANY INPUT. THAT IS NOT MEANINGFUL INPUT. DON'T THINK THAT PEOPLE LIKE THE NEIGHBORS, THE NEARBY CITIZENS OR ADJOINING LANDOWNERS HAVE ANY SIGNIFICANT INVOLVEMENT -- OR ANY INVOLVEMENT AT ALL IN THAT MEDIATION PROCESS. NOT IN ANY WAY A CRITICISM OF JUDGE BATTLES. HE DID A GREAT JOB. HE DID EXACTLY WHAT THE STATUTE COMMANDS HIM TO DO WHICH IS TO TRY TO GET TO THE SETTLEMENT. JUST A VERY ODD PROCESS WHERE YOU GET INVITED AND YOU DON'T GET TO PLAY. SO THAT IS THE MEDIATION. ANOTHER POINT I WANT TO MAKE IS ABOUT PERSPECTIVE. YOU HAVE -- THIS PROJECT, AS YOU KNOW, HAS A LONG HISTORY. IT HAS BEEN DENIED AT EVERY STEP. THE LAST ITERATION WAS 26 FLOORS. OVER 275,000 SQUARE FEET, 42 UNITS. 49 FEET HIGH. I APPRECIATE MR. CREMER REMINDING US THAT IT STARTED OFF EVEN MORE MASSIVE THAN THAT. CURRENT ITERATION IS 16 FLOORS. 196,000 SQUARE FEET. 38 UNITS. 215 FEET HIGH AT THE HIGHEST. SO, YES, IT IS OBJECTIVELY SHORTER IN HEIGHT. NOBODY CAN DENY THAT. AND NOT SURPRISINGLY, THE DEVELOPER SPENDS A LOT OF TIME TALKING ABOUT THAT. BUT THE MASSIVE FOOTPRINT OF THE PROJECT HAVEN'T SUB STACKS S-- SUBSTANTIALLY CHANGED. THE OTHER CHANGES THIS THEY MADE FROM LAST ONE TO THIS ONE OUT OF THIS MEDIATION PROCESS IS MINERAL AND COSMETIC. DEPENDING ON WHEN AND WHERE YOU GREW UP, YOU HEARD THE EXPRESSION, "PUTTING LIPSTICK ON A PIG." DEVELOPER WANTS TO FOCUS ON REDUCTION IN HEIGHT AND TELL YOU LOOK HOW MUCH WE HAVE DONE. THEY WANT TO TELL YOU IT IS A COMPROMISE. WELL, BUT IT IS NOT. IF YOU START WITH A PROJECT THAT IS ABSURDLY INCOMPATIBLE AND THEN YOU SCALED IT BACK A LITTLE BIT, THAT DOESN'T MAKE IT COMPATIBLE, THAT MAKES IT LESS ABSURDLY INCOMPATIBLE. SO PLEASE KEEP THAT PERSPECTIVE IN MIND. THE NEW DESIGN IS -- IS INCOMPATIBLE FOR ALL THE SAME REASONS THAT THE LAST DESIGN WAS INCOMPATIBLE. HE WANT TO TALK A LITTLE BIT ABOUT THE LEGAL ISSUES HERE, BECAUSE AT THE TOP OF THE HEARING WHEN WE KICK OFF, YOU HEARD THE CITY ATTORNEY TELL YOU THAT, YOU KNOW, WE ARE -- YOU ARE CONSIDERING THIS IN HAD THE CONTEXT OF A SETTLEMENT OF A PENDING LEGAL DISPUTE. OKAY. WELL, THAT'S FINE. ORDINARILY, WHEN I AM TALKING TO CLIENTS ABOUT A POSSIBLE SETTLEMENT, I AM ANSWERING QUESTIONS LIKE, OKAY, WHAT -- WHAT IS THE RISK TO US IF WE DON'T APPROVE THIS SETTLEMENT? WHAT IS OUR LEGAL EXPOSURE IF WE DON'T GO ALONG WITH THIS? WHAT ARE THE MERITS OF THE CLAIMS THAT THESE FOLKS ARE ASSERTING AGAINST US? DO WE HAVE GOOD DEFENSES TO THOSE CLAIMS? I HAVEN'T HEARD YOUR LAWYER SAY ANYTHING ABOUT ANY OF THAT. SO IT TEAMS A LITTLE ODD TO GET UP AND TELL YOU THAT YOU ARE CONSIDERING THIS IN THE CONTEXT OF A LEGAL SETTLEMENT BUT NOBODY IS TALKING ABOUT IT LIKE IT IS A LEGAL SETTLEMENT. IN FACT, CITY ATTORNEY BACK IN MAY OF '24, WROTE AN EXCELLENT RESPONSE TO THE DEVELOPERS' PETITION FOR RELIEF. AFTER IT WAS DENIED WHEN THEY SUBMITTED THEIR WRITTEN PETITION ASKING FOR RELIEF UNDER T THE FLUEDRA STATUTE, YOUR CITY ATTORNEYS PREPARED A WRITTEN RESPONSE TO THAT. IT WAS VERY WELL-DONE. THIS IS ONLY IN MAY OF 2024. JUST SHY OF NINE MONTHS AGO .IN THAT WRITTEN RESPONSE, THEY ADDRESSED SOME OF THESE LEGAL EXAMS, ALL OF THE LEGAL CLAIMS BEING MADE BY THE DEVELOPER. THE BERT HARRIS CLAIM. THE OTHER CLAIMS BEING ASSERTED. THE CIVIL RIGHTS CLAIMS. AND THEY TOLD NEW THAT WRITTEN RESPONSE THAT THEY IS IT NOT ANY THESE CLAIMS HAD ANY MERIT. THEY GAVE YOU GOOD SOLID DEFENSES TO THOSE CLAIMS. I HAVEN'T SEEN ANYTHING WHERE THE CITY ATTORNEYS HAVE CHANGED THEIR MIND AND SAID WE DON'T STAND BY THAT. OUR ANALYSIS IS NOW DIFFERENT. I HAVEN'T SEEN ANY NEW MEMO DISCUSSING THOSE LEGAL ISSUES. SO WHAT A HAS CHANGED FROM A LEGAL PERSPECTIVE IN NINE MONTHS. THE ANSWER IS NOTHING AS FAR AS ANYBODY CAN TELL. PERSPECTIVE I THE ANSWER IS NOTHING AS FAR AS ANYBODY CAN TELL. THEY ALSO SAID SOME OTHER THINGS IN THAT WRITTEN RESPONSE THAT HI THOUGHT WAS VERY GOOD -- IT WAS A VERY WELL-DONE RESPONSE. TALKED ABOUT SOME OF THE EVIDENCE FROM THE PREVIOUS HEARING AND SOME OF THE FACTUAL CONCLUSIONS. AND SAID, FOR EXAMPLE, THAT THE EVIDENCE SHOWED THAT THIS PORTION OF BAYSHORE BOULEVARD IS UNIQUE AND SIGNIFICANTLY DIFFERENT THAN THOSE AREAS ALONG BARBIE BOULEVARD THAT SUPPORT HIGH-RISE DEVELOPMENTS. WELL, WHAT HAS CHANGED IN NINE MONTHS ABOUT THAT? NOTHING. THEY SAID IN RELATION TO THE PREVIOUS HEARING AS MANY LONG-STANDING RESIDENTS TESTIFIED, THE AREA SURROUNDING THE SUBJECT PROPERTY IS UNIQUE AND SIGNIFICANTLY DIFFERENT THAN THOSE AREAS. THAT SUPPORT HIGH-RISE DEVELOPMENT ELSEWHERE ALONG BAYSHORE BOULEVARD. IS THAT STILL THEIR VIEW OR IS IT NOT? IS IT SOMETHING DIFFERENT? THERE IS NO NEW MEMO. NOTHING THAT SAYS ANY OF THIS HAS CHANGED. THEY ADDRESSED IN THAT MEMO, THE SERB ORY PETITION CERTIORARI BY THE DEVELOPER AND THEY ADDRESSED IN THAT MEMO THE BERT HARRIS'S CLAIM AND THE DEFENSES TO IT. THEY ADDRESSED IN THAT THE RELIGIOUS LAND USE OF ACT CLAIM AND SAID THAT STATUTE DOES NOT PROHIBIT THE APPLICATION OF VALID NEUTRAL ZONING PROVISIONS TO RELIGIOUS PROPERTY TO CURTAIL USES NOT PERMITTED IN THE AREA. SIMPLY STATED, THE CITY COUNCIL'S ACTION IN DENYING THE APPLICANT APPLICATION DOES NOT CONSTITUTE A SUBSTANTIAL BURDEN ON AN ENTITY OR PERSON'S RELIGIOUS EXERCISE. I WOULD WANT TO KNOW IF I WERE YOU IF THE VIEW OF THAT HAS CHANGED. THEY ARE TELLING YOU TO APPROVE THE SETTLEMENT BUT NOT TAKING OF IT IN THE CASE. THAT IS AN ODD WAY TO TALK OF A SETTLEMENT OF A LEGAL DISPUTE. MY LAST POINT. I ONLY HAVE LESS THAN A MINUTE. YOU ARE GOING TO HEAR FROM SPEAKERS THAT FOLLOW LOTS OF ADDITIONAL INFORMATION FROM CITIZENS, FROM RESIDENTS, FROM OUR LAND PLANNER. INFORMATION THAT HAS NOT BEEN BROUGHT TO YOU BY STAFF. INFORMATION THAT WAS NOT INCLUDED IN ANY PRESENTATION BY STAFF. AND I URGE YOU TO PLEASE CONSIDER THAT INFORMATION, NUMBER ONE. WHY IS IT NOT BEING PRESENTED TO YOU BY YOUR STAFF WOULD BE A GOOD QUESTION TO ASK? BUT PLEASE CONSIDER THAT INFORMATION AS YOU GO FORWARD IN THIS PROCESS THIS EVENING. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. NEXT SPEAKER IS JANE GRAHAM. SHE HAS A SPEAKER WAIVER FORM. PLEASE HAND THE SPEAKER WAIVER FORM TO OUR ATTORNEY AND HE WILL READ OFF THE NAMES. >>MARTIN SHELBY: MARGUERITE BRODY? THANK YOU. GEORGE BRODY. JENNIFER COLON. BILL EARNEST. THANK YOU. ROBIN EARNIST. THANK YOU. JAY SERENA. THANK YOU. ELISE SCHREIBER. SEVEN NAMES, TEN MINUTES, PLEASE. >>GUIDO MANISCALCO: YES, MA'AM. PLEASE STATE YOUR NAME. >> GOOD EVENING, CITY COUNCIL. MY NAME IS JANE GRAHAM OF SUNSHINE CITY LAW. AND I REPRESENT ALTURA BAYSHORE CONDOMINIUM ASSOCIATION. THIS IS THE THIRD TIME THAT I HAVE AND BEFORE ALL OF YOU REGARDING A PROPOSAL ON 2713 BAYSHORE. YOU RIGHTFULLY DENIED IT TWICE BEFORE PACED ON ISSUES OF COMPATIBILITIES AND IMPACT TO SURROUNDING AREAS. TODAY YOU ARE HERE CONSIDERING A SETTLEMENT PURSUANT TO THE FLORIDA LAND USE AND ENVIRONMENTAL DISPUTE ACT FOR A 16-STORY BUILDING AND FIVE-STORY PARKING STRUCTURE. WHILE A COMPROMISE WOULD BE NICE, I ALWAYS TELL MY CLIENTS THAT SETTLEMENTS ARE GOOD BECAUSE IT ALLOW TO CONTROL YOUR DESTINY, BUT THE COMPROMISE NEEDS TO REFLECT WHAT IS ACTUALLY COMPATIBILITY AND WHAT IS GOOD FOR YOU. YOU TONIGHT WANT TO AGREE TO SOMETHING THAT IS TO YOUR OWN DETRIMENT. ON TOP OF THAT, AS MR. HARRISON MENTIONED IN EVALUATING WHETHER OR NOT YOU SHOULD SETTLE SOMETHING. LOOK AT YOUR LIABILITIES AND WHAT WE ARE ACTUALLY EXPOSING OURSELVES TO. ALTURA OPPOSES THE NEW PROPOSAL AND RESPECTFULLY REQUESTS DENIALED ON MANY OF THE SAME GROUNDS THAT THE THE PROJECT WAS PREVIOUSLY DENIED. I AM GOING TO EXPLAIN SPECIFICALLY WHAT THIS IS, AND MOST CRITICALLY, THE PROJECT STILL LACKS COMPATIBILITY WITH THE SURROUNDED IMPACTED NEIGHBORHOOD. I AM ALSO GOING TO EXPLAIN AS WELL AS MR. HARRISON DID WHY SOME OF THE VARIOUS LEGAL CLAIMS THAT THE DEVELOPER IS LOOKING AT ARE WEAK. AND THEY ARE NOT A COMPELLING BASIS FOR SETTLEMENT. THEY SAY, WELL, IT IS A $7 MILLION DAMAGES FOR -- FOR A BERT HARRIS ACT AND LET'S BREAK THAT DOWN AND SEE WHAT EXPOSURE THE CITY HAS. I SUBMITTED A PACKAGE OF EVIDENCE INTO THE RECORD WHICH I HAVE HARD COPIES OF, IT INCLUDES THE CITY OF TAMPA'S RESPONSE TO THE PETITIONER'S REQUEST FOR RELIEF FROM THE FLUEDRA PROCEEDING WHICH IS REALLY EXCELLENT AND DETAILED, AND I WILL ASK YOUR STAFF IF THEY HAVE CHANGE THEIR MINDS ON ANY OF THE ANALYSIS. IT ALSO INCLUDES MR. KADEN'S RESUME AND REPORT. AND ALTURA HAD ATTRACT ENGINEERING, DREW ROCK, LOOK AT TRAFFIC ANALYSIS AND CONCLUDED THAT WITH HIS RESUME. FINALLY, INCLUDING A LETTER THAT HE WILL SARCASTICALLY CALLED A LOVE LETTER TO MR. CREMER FROM ALTURA THAT I WANT TO BRING TO YOUR ATTENTION. TALKING GENERALLY OF THE COMPATIBILITY ISSUE. WHAT IS DIFFERENT AND WHAT IS THE SAME? WELL, THE PROPOSAL MASS REDUCED SOMEWHAT IN SIZE, THE SURROUNDING AREA HAS NOT SIGNIFICANTLY CHANGED SINCE THE FEBRUARY 2024 DENIAL. IF YOU LOOK THE ADJACENT PARCEL DATA TABLE WHICH IS ON THE SITE PLAN FOR RES- 2-93, 2406 OF FEBRUARY 2024. AND RES 2406 NOW, YOU WILL SEE THAT THE ADJACENT PARCELS ARE MOSTLY IF NOT ALMOST ALL SINGLE-FAMILY OR INSTITUTIONAL. AND ALL OF PARCELS THAT ARE IN R-35 ARE SINGLE-FAMILY OR INSTITUTIONAL. YOU WILL HEAR A LOT TONIGHT ABOUT HOW ALTURA -- AND THIS IS ACTUALLY IN THE APPLICANT'S EVIDENCE THAT ALTURA REPRESENTS A PRIME EXAMPLE OF SIZE AND CHARACTER APPROPRIATE AND COMPATIBLE FOR BAYSHORE BOULEVARD. AGAIN ALTURA IS NOT ON BAYSHORE BOULEVARD AND LOCATED BY THE SELMON EXPRESSWAY IN A DIFFERENT LAND USE MINUTED AUTO US. ADDITIONAL INCONSISTENCIES WITH THE TAMPA COMPREHENSIVE PLAN THAT MR. KADEN ALSO SPEAK IN MORE DETAIL AND I URGE TO YOU LISTEN TO THAT. AS FAR AS THE CRITERIA 27-136 FOR THE BURDEN FOR A PD. I WOULD JUST LIKE TO DRAW YOUR ATTENTION TO THE EARLIER RESOLUTIONS DENYING THIS SAID THAT IT FAILED UNDER NUMBER ONE, PROMOTING EFFICIENT AND SUSTAINABLE USE OF LAND AND INFRASTRUCTURE WITH CAREFUL CONSIDERATION OF THE POTENTIAL ADVERSE IMPACTS ON NATURAL ELEMENTS SURROUNDING IMPACTED NEIGHBORHOODS AND CULTURAL RESOURCES. WELL, THE STAFF REPORT DOES TALK ABOUT TREES. BUT THEY HAVE NO DISCUSSION OF IMPACTS TO TRAFFIC. AND WE HAVE A REPORT FROM ATTRACT ENGINEER THAT SHOWED BASED ON VIDEO DATA OVER A 24-HOUR PERIOD, THERE ARE 33 CUT-THRUS FROM BARBIE BOUL-- BAYSHORE BOULEVARD TO BAY TO BAY. AND 49 BETWEEN 4 AND 6 P.M. AS THE TRAFFIC ENGINEER MR. ROCK, TRAFFIC DIVERTING FROM PRIMARY ARTERIAL ROADWAYS CREATE SAFETY ISSUES PREDOMINANTLY WITH PEDESTRIANS AND CYCLISTS. THIS IS EVIDENCE THAT SHOWS IT IS STILL GOING ON. LET'S GO TO THE THREATENED LEGAL CLAIMS. THE PETITION FOR WRIT O OF SCERTIARARI WILL BE AS SUCCESSFUL AS THE CITY EXPLAINS IN THEIR FLUEDRA RESPONSE. PETITIONER DID NOT MEET THE PURREDEN OF PROOF BY RELYING ON SUPPORT FROM PLANNING COMMISSION STAFF. AND IT WAS BASED ON COMPETENT AND SUBSTANTIAL EVIDENCE. EXCUSE ME. LARGELY FROM -- FROM FACT-BASED TESTIMONY REGARDING THE AESTHETIC INCOMPATIBILITY OF THE PROBABLY WITH THE SURROUNDING NEIGHBORHOOD. THAT IS STILL TRUE. THAT IS STILL APPLICABLE. THERE IS ALSO SOME INTERESTING LANGUAGE THAT SAYS THAT THE PETITIONER'S PRESENTATION FOCUSED ON POLICY CHANGES AND IT DISTRACTED FROM THE DOCUMENTED SURROUNDING BUILT ENVIRONMENT. SO I WOULD LOOK CAREFULLY AT THAT. AND, AGAIN, WHILE MR. CREMER SPOKE OF THIS EMERGING HIGH-RISE DISTRICT, I WOULD ADVISE TO YOU LOOK AGAIN AT THIS TABLE OF THE ADJACENT SURROUNDING USES WHICH ARE LARGELY SINGLE-FAMILY. THE BERT J. HARRIS PRIVATE PROPERTY PROTECTION ACT CLAIMS THAT CLAIMS THAT THE CITY'S DENIAL RESULTED IN A DIMINUTION OF FAIR MARKET. NOW IN FLORIDA, A BERT HARRIS ACT CLAIM MEANS THAT A LAND DEVELOPER WITH SEEK RELIEF WHEN GOVERNMENTAL ACTION INORDINATELY BURDENED AN EXISTING USE OF REAL PROPERTY OR VESTED RIGHT OF SPECIFIC USE FOR REAL PROPERTY. HERE THE CITY EXPLAINED IN ITS FLUEDRA RESPONSE THAT CONTRARY TO THE PETITIONER'S DESCRIPTION OF THE SURROUNDING AREA, THE COMPETENT SUBSTANTIAL EVIDENCE SHOWED THAT THE BUILT ENVIRONMENT LOCATED BY THE SUBJECT PROPERTY IS NOT A HIGH-RISE NEIGHBORHOOD. SO NOT ONLY DOES THE PETITIONER MISREPRESENT THE NATURE OF THE SURROUND AREA. PETITIONER CONVENIENTLY IGNORES THE CONGREGATION'S PAST ACTIONS WHICH ESTABLISHED WHAT IS REASONABLY FORESEEABLE LAND USE SUBJECT SUBJECT TO THE SUBJECT PROPERTY. CITES TO SOME REZONING BACK AROUND APRIL 7, 2016, WHERE THE CONGREGATION SOLD THE BARCELONA PARCEL TO BAYSHORE SEVEN WHICH DEVELOPED A .25-ACRE WITH THREE-STORY TOWN HOMES. THAT GOES TO WHAT IS A REASONABLY FORESEEABLE LAND USE ASK YOUR LAWYERSES THAT CHANGED? I WOULD SAY NO. NOW AN INTERESTING ONE, RELIGIOUS STATIONALIZED PERSONS ACT. UNDER ALOOPA FROM THE GOVERNMENT IMPOSING A SUBSTANTIAL BURDEN ON A PERSON'S RELIGIOUS EXERCISE UNLESS THE GOVERNMENT DEMONSTRATES THAT THE ISSUANCE WAS IN FURTHERNESSANCE OF A COMPELLING INTEREST AND LEASE RESTR RESTRICTIVE. AS THE CITY EXPLAINED IN THEIR RESPONSE, TO REDEVELOP A PROPERTY IN A PROPERTY THAT IS NOT COMPATIBLE WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE IN ORDER TO FUND THE CONGREGATIONS FUTURE OPERATION IS NOT PROTECTED UNDER ALOOPA. YOU NEED TO KEEP THAT IN MIND. AND THEY ACTUALLY WENT ON TO SAY THAT OTHERWISE COMPLIANCE WITHALOOPA WILL REQUIRE GOVERNMENTS NOT TO TREAT RELIGIOUS INSTITUTION ON AN EQUAL FOOTING BUT FAVOR THEM IN AN OUTRIGHT EXEMPTION FROM LAND USE. AND NO SUCH FREE PASS FOR RELIGIOUS LAND USES MASQUERADES OF THE GENUINE PROTECTIONS OF ALOOPA TO EXERCISE. AGAIN, TAKE THAT SERIOUSLY. I WANT TO STOP FOR A SECOND, BECAUSE TO THE EXTENT THAT THIS IS A LEGISLATIVE ISSUE. AND YOU THINK WHAT IS GOOD FOR THE COMMUNITY? I WANT TO MAKE IT VERY CLEAR TO ALL OF YOU THAT MY CLIENT AND THE INDIVIDUAL EXPRESSING THEIR CONCERN IN OPPOSITION, THEY ARE NOT DOING IT BECAUSE THEY ARE AGAINST THE ESSENTIAL GOING TO. THEY ARE NOT ANTISEMITIC. THEY ARE LOOKING TO WHAT IS COMPATIBLE TO THE AREA. AND THEY WANT TO SEE DEVELOPMENT ON THE PROBABLY -- ON THE PROPERTY, BUT IT HAS TO FIT THE NABBED. SO WE HAVE SEEN THESE TYPES OF RUMORS GOING AROUND. AND I WANT TO MAKE IT VERY CLEAR THAT THAT IS NOT WHERE MY CLIENT IS ON THIS. SO I HAVE 24 SECONDS LEFT. THE EQUAL PROTECTION CLAIM IS SILLY, BECAUSE IF YOU LOOK, THEY ARE NOT SIMILARLY SITUATED, THE ISSUES THAT ARE CITED. AND THEN FINALLY, I GOT AN E-MAIL -- A LET THEY ARE MORNING SAYING THAT IF ALTURA CONTINUES IN THEIR POSITION, THAT ALTURA WILL BE DEMOLISHED PURSUANT TO THIS FAMOUS LAND USE PINECREST VERSUS SHIDEL, I WOULD SAY THAT -- CAN I JUST FINISH ONE THING. >>GUIDO MANISCALCO: NO, MA'AM. >> STATUTE OF LIMITATIONS. THANK YOU VERY MUCH. I WOULD LIKE TO ENTER THIS INTO THE RECORD PLEASE. >>GUIDO MANISCALCO: OUR NEXT SPEAKER IS JEFF CATONS. HE HAS A SPEAKER WAIVER FORM AS WE WELL. >> MUDSON. NANCY CISBEL. CHERYL SMITH. CJ SMITH. ALISON MURRAY. NANCY NELSON. MARY JOE. SEVEN PEOPLE. TEN MINUTES TOTAL, PLEASE. >>GUIDO MANISCALCO: HELLO, SIR. STATE YOUR NAME. >> GOOD EVENING, COUNCILS. JEFF CADEMS, AICP CERTIFIED PLANNER ACCREDITED FOR THE CONGRESS OF THE NEW URBANISM. I HAVE BEEN AT THIS FOR 32 YEARS IN THE PUBLIC AND PRIVATE SECTORS. WORKED WITH OVER 30 MUNICIPALITIES, PREPARING COMP PLANS, LAND DEVELOPMENT REGULATIONS, REVIEWING DEVELOPMENT PROPOSALS, AND AN EQUAL AMOUNT OF WORK OF THE PRIVATE SECTOR FOR ENTITLEMENT DEVELOPMENT. ENOUGH ABOUT ME. AS THE ATTORNEY SAID PREVIOUSLY, RICHARD SAID, THEY STARTED OFF REALLY BIG, AND NOW THEY ARE JUST BIG. I AM NOT SAYING THAT THIS IS WHY THEY DID IT, BUT HE KNOW WHENEVER I WORK WITH PRIVATE SECTOR CLIENTS THE ADVICE IS OVER FROM DRUNKSES ARE REASONABLE AND WHAT A GREAT DEAL AND THEY JUST COMPROMISE. I DON'T KNOW IF THAT IS WHY THEY DID IT, BUT VERY EFFECTIVE DESPITE THE REDUCTIONS IN THE HIGHLIGHT AND THE REDUCTION OF FOUR CONDO UNITS, THE PROJECT IS STILL NOT CONSISTENT WITH YOUR PLAN OR YOUR CODE. THE PROJECT HAS A PHYSICAL SCALE THAT IS AT THE OF THE RANGE OF THE R-83 FUTURE LAND USE CATEGORY. THE PROBLEM ONLY A R-35 LAND USE DESIGNATION. R-35 IS TWO CATEGORIES LOWER THAN THE INTENSITY TOTEM POLE THAN THE R-83. DO YOU HAVE THE SLIDES? OKAY. SORRY. I HAD AN IMAGE THAT WAS -- -- THAT WAS ILLUSTRATING THESE THI THINGS. AND THE BUILDING MASS FACING NORTH AND SOUTH AFFECTING THE GARDEN CLUB AND THE TOWN HOUSES. CODE SECTION 27-227-D WHICH GOVERNS THE DIMENSIONAL STANDARDS IN PDs. PLANNED DEVELOPMENT STATES FLEXIBILITY IN BUILDING HEIGHT WILL BE ALLOWED PROVIDED THAT THEY ARE COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD. AND PROVIDED THAT THE SETBACKS ARE INCREASED TO COMPENSATE FOR THE ADDED BUILDING HEIGHT. THIS PROJECT CANNOT PROVIDE THE INCREASED SETBACKS VERSUS THE STANDARD ZONING DISTRICT ALLOW A BUILDING OF THIS HEIGHT AND THEREFORE SHOULD NOT IMPOSE THE ADDITIONAL HEIGHT. TO GIVE YOU AN IDEA THAT WILL BE IN THE RM-50 DISTRICT, THAT WILL BE 100 FOOT SETBACK APPROXIMATELY FROM THE GARDEN CLUB WHERE 20 IS PROPOSED AND A SIMILAR SETBACK ON YSABELLA. THE APPLICATION USE AS FLEXIBILITY OF A PLANNED DEVELOPMENT TO WAIVE DEVELOPMENT STANDARDS TO GET MORE DEVELOPMENT ON THE PROPERTY THAN IT OTHERWISE WOULD. THIS IS STRICTLY A OUTRIGHT PROHIBITED BY LAND USE POLICY 8-15-3 OF THE COMPREHENSIVE PLAN. APPROPRIATE USE OF THE , IT, TO USE THE FLEXIBILITY TO HAVE RESIDENTIAL UNITS TO THE APPROPRIATE SCALE OF THE NEIGHBORHOOD. ALL PD REZONINGS HAVE TO BE FOUND CONSISTENT WITH THE OVERALL PURPOSE AND INTENT OF A SITE PLAN-CONTROLLED DISTRICT. THIS IS NOT. I FIND THAT THE APPLICATION IS NOT CONSISTENT WITH THE FOLLOWING PURPOSE STATEMENTS LISTED IN LAND DEVELOPMENT CODE 27-136, WHICH GOVERNS REZONINGS TO SITE PLAN-CONTROLLED DISTRICTS. NUMBER ONE, PROMOTE THE SUSTAINABLE USE OF INFRASTRUCTURE WITH CAREFUL CONSIDERATION OF POTENTIAL ADVERSE IMPACTS TO AMONG OTHER THINGS SURROUNDING IMPACTED NEIGHBORHOODS AND CULTURAL RESOURCES. APPLICATION DOES NOT CAREFULLY CONSIDER THE POTENTIAL ADVERSE IMPACTS TO THE POTENTIAL NEIGHBORHOOD. NUMBER TWO, ALLOW THOR. >> CONGRATULATIONS OF DIFFERENT LAND USES AND DENSITIES IN ONE DEVELOPMENT THAT WOULD NOT OTHERWISE BE POSSIBLE IN ANOTHER DISTRICT WHICH ENCOURAGES COMPATIBILITY IN OVERALL SITE DESIGN AND SCALE INTERNAL AND EXTERNAL TO THE PROJECT SITE. AGAIN THE TEMPLE -- THE DOES NOT INTEGRATE THAT IS COMPATIBLE TO THE EXTERNAL PROJECT SITE TO THE DESIGN AND SCALE. AND NUMBER SIX, PROMOTE AN ENCOURAGE DEVELOPMENT WHERE APPROPRIATE IN LOCATION, CHARACTER AND COMPATIBILITY WITH THE SURROUNDING IMPACTED NEIGHBORHOODS, BUILT ENVIRONMENT AND EXISTING GEOGRAPHY. THE LOCATION IS NOT APPROPRIATE IN CHARACTER AND COMPATIBILITY WITH THE SURROUNDING IMPACTED NEIGHBORHOOD OR BUILT ENVIRONMENT, AND IT ISLY KATED IN THE COASTAL HIGH HAZARD AREA WHICH IS -- WHICH IS NOT COMPATIBLE OR -- OR APPROPRIATE FOR THAT LOCATION. THE PETITIONER RELIES ON THE R-35 FUTURE LAND USE CATEGORY. NOT PROVIDING AN ABSOLUTE MAXIMUM HEIGHT THAT THE PD MUST ABIDE BY. YOUR PLAN IS WRITTEN TO ACCOMMODATE THE VARIED CONDITIONS AMONG DIFFERENT LOCATIONS, BE THERE REQUIRING ANALYSIS WHETHER A REZONING PROPOSES A BUILDING SCALE FOR APPLICABLE LAND USE DISTRICT AS THE TYPICAL MAXIMUM OF EIGHT STORIES CAN BE APPROPRIATE IN SOME CONTEXT, LESS THAN TYPICAL MAXIMUM HEIGHT IS APPROPRIATE IN OTHER CONTEXTS AND THIS IS ONE OF THOSE CONTEXTS. GIVEN THE SUBJECT SITE'S LOCATION IN THE MIDST OF UNIQUE CLUSTER OF QUASI USES. THAT YOU TWICE RECOGNIZED ITS VALUE TO THE CITY AND LOCATED WITHIN A LOW-SCALE FUTURE LAND AUTO US DISTRICT 45% OF THE MAXIMUM R-35. INCLUDING RECENT TOWN HOUSE CONSTRUCTION ON TWO SIDES. LOCATIONAL CONTEXT AND THE COMPATIBILITY REQUIREMENTS IN YOUR PLAN SUGGEST THAT THE TYPICAL HEIGHT CONDITION IN R-35 IS NOT APPROPRIATE HERE. AND A LESSER MAXIMUM HEIGHT IS APPROPRIATE NOT DOUBLE THE TYPICAL MAXIMUM. FINALLY, MOTION TO THAT THERE ARE OTHER TOWERS WITHIN THE AREA AND, THEREFORE, ANOTHER ONE IN THIS LOCATION MUST BE COMPATIBLE IS BACKWARDS. AN APPROPRIATE COMPATIBILITY DETERMINATION IS NOT BASED ON THE HIGHER EN INTENSITY USES IN THE AREA BUT BASED ON THE POTENTIAL ADVERSE IMPACTS ON THE USES THAT PREDOMINANT THE AREA. IT SHOULD HAVE CONSIDERED APPROPRIATE SCALING AND SITE DESIGN RELATIVE TO THE AJAY AGAIN SEE AND OPEN SPACES AND RESIDENTIAL USES JUST RECENTLY DEVELOPED AT THE LOW-END OF THE R-35 INTENSITY SCALE. IN FACT THE PD PROVISIONS IN THE PLAN REQUIRE THAT THE COMPATIBILITY ANALYSIS BE FROM THE BOTTOM UP AND NOT THE TOP DOWN. THEY REAR USING THE CRITERIA OF THE STANDARD ZONING DISTRICTS THAT IMPLEMENT R-35 LAND USE TO GUIDE THE DESIGN OF THE PD PLAN. THE CODE ESTABLISHES THE RM-24 DISTRICT AS THE MOST PERMISSIVE INCITIZENS DISTRICT THAT IS ALLOWED TO IMPLEMENT R-35 AND SPECIFIES BUSINESS DISTRICTS CAN IMPLEMENT R-35. 24 UNITS TO THE ACRE AND 60 NIGHT IN HEIGHT, MAYBE FIVE OR SIX STORIES. PD SHOULD BEAR SOME RESEMBLANCE OF THAT. FLEXIBILITY OF DEVELOP NATIONS FROM A PROPER COMPATIBILITY ANALYSIS. INSTEAD THE PROJECT BEGAN AT 29 FLOORS AND INCREMENTALLY WHITTLED DOWN TO WHAT IT IS TODAY TOO TALL AND TOO MASSIVE FOR THIS LOCATION. FINDING THAT A TOWER IS COMPATIBLE BECAUSE OTHER ARE IN THE AREA IS TANTAMOUNT TO PLANNING -- I WILL USE THAT LOOSELY, FROM 35 FEET. AND BLOCK BY BLOCK DETAILS MAKING THE CITY REMARKABLE AND LIVABLE. PLANNING AT 35,000 FEET GIVE AWAY THE CHARACTER OF THE SMALL AREAS THAT MAKE UP THE URBAN AREAS OF THE CITY AND DIFFERENTIATE FROM OTHER AREAS OF THE CITY. I DISAGREE WITH THE CHARACTERIZATION THAT THIS IS A HIGH-RISE DISTRICT. ON THE CONTRARY, IT IS A SMALL, COHESIVE, RESIDENTIAL AND INSTITUTIONAL DISTRICT THAT HAS ITS OWN CHARACTER AND OWN VALUE TO THE CITY. IT IS ADJACENT TO HIGH-RISES. BUT THAT DOESN'T MAKE IT A HIGH-RISE DISTRICT. MOREOVER, THE FUTURE LAND USE OF THIS SITE AND THE REST OF THE R-35 DISTRICT IS NOT THE SAME AS THE ONES THAT HAVE THE HIGH-RISES ALL WE ASK YOU FOLLOW YOUR OWN PLAN AND YOUR OWN CODE AND COULD SO WILL FIND THIS APPLICATION INCONSISTENT. THANK YOU. >>GUIDO MANISCALCO: THANK YOU, SIR. DANA JASPER IS OUR NEXT SPEAKER WHO HAS A SPEAKER WAIVER FORM. IF YOU WILL COME UP. >> I APOLOGIZE FOR THE INTERRUPTION. I WOULD LIKE TO ASK THE WITTANCE FEW QUESTIONS, IF POSSIBLE SOMEBODY IN. >>GUIDO MANISCALCO: APPROPRIATE TO CROSSEXAMINE AT THIS TIME? APPROPRIATE TO CROSS-EXAMINE? IT IS? AND IS THERE A TIME LIMIT ON IT? >>MARTIN SHELBY: IT HAVEN'T COME UP. I THINK WE SHOULD JUST PROCEED. HOW MUCH TIME DO YOU NEED. >> I WILL BE BRIEF. I ONLY HAVE A FEW QUESTIONS. >>GUIDO MANISCALCO: FOR M MR. CADEMS. >> I WOULD LIKE TO SAY FOR THE RECORD WE OBJECT FOR CROSS-EXAMINATION AND WE SAID IT WAS A LEGISLATIVE AND NOT QUASI JUDICIAL. >>GUIDO MANISCALCO: LET'S JUST STAY ON TRACK WITH PUBLIC COMMENT. AND THEN LEAVE IT AS PART OF YOUR REBUTTAL. >> I HAVE TO OBJECT, BECAUSE WE HAVE AN EXPERT WHO HAS TESTIFIED AND I AM NOT ALLOWED TO ASK ANY QUESTIONS. I WANT TO PUT THAT ON THE RECORD. WE CAN SIT DOWN SO WE CAN MOVE ON. >>GUIDO MANISCALCO: COUNCILMAN? >>CHARLIE MIRANDA: I'M NOT OBJECTING TO ANYTHING, BUT TO MY KNOWLEDGE, THIS IS ONE OF THE FEW TIMES I HEARD THIS IN MY LIFE AT CITY HALL. WE ARE LEGISLATORS. YOU ARE -- YOUR POSITION WAS STATED AND NO ONE CROSS-EXAMINED YOU, AM I RIGHT OR WRONG? >>MARTIN SHELBY: IF I CAN. RATHER THAN RESPOND -- >>CHARLIE MIRANDA: I AM NOT HERE TAKING CHOICES OF EITHER SIDE. I WANT IT EVEN FOR BOTH SIDES. YOUR SIDE AND THE OTHER SIDE. >> AIM HAPPY TO PROCEED. >>MARTIN SHELBY: SORRY. >> I MADE MY OBJECTION, I'M HAPPY TO SIT DOWN FOR RECORD AS I HAVE BEEN ASKED. >>GUIDO MANISCALCO: CONTINUE WITH PUBLIC COMMENT. DANA JASPER HAS A SPEAKER WAIVER FORM. GIVE THAT TO THE ATTORNEY AND HE WILL READ OFF THE NAMES THAT YOU HAVE. >>MARTIN SHELBY: I SEE TWO NAMES -- I SEE NAMES CROSSED OUT AND HIGHLIGHTED. CINDY HICKEY. THANK YOU. DIANA SULLIVAN. GAY JONES. MARIANNE RODRIGUEZ. CINDY GODING. STANDEE STRITE. AND YVONNE POLO. THANK YOU. SEVEN NAMES, TEN MINUTES, PLEASE. >>GUIDO MANISCALCO: YES, MA'AM, PLEASE STATE YOUR NAME. >> GOOD EVENING, COUNCIL. DANA JASPER, I AM THE OF THE BAYSHORE TOWN. HOUSE ASSOCIATION. I LIVE 00 FEET FROM THE PROPOSED DEVELOPMENT. I SPOKE IN OPPOSITION OF THE PREVIOUS REZONINGS. I'M HERE AGAIN TO REITERATE MY STATS, THIS TIME SUPPORTED BY RESEARCH DATA OF THE FUTURE LAND USE R-35 PARCELS IN THE SOUTH TAMPA DISTRICT. SO A LITTLE PERPLEXING HOW AN AGREEMENT WAS MADE BY CITY STAFF TO ALLOW A 16-STORY HIGH-RISE ON R-35 LAND USE PARCELS BUT A THE COMPREHENSIVE PLAN STATES THAT R-35, THE BUILDING HEIGHTS ARE TYPICALLY UP TO EIGHT STORIES. I WANT TO MAKE SPECIAL NOTATION THAT THE NUMBER OF STORY DO VARY BY LOCATIONS. SO I WANT TO IDENTIFY THIS LOCATION. WITH THE COMPREHENSIVE PLAN, TO RECOGNIZE THE CITY IS COMPRISED OF FIVE UNIQUE DISTRICTS AND NOTABLY SOUTH TAMPA IS ONE OF THOSE DISTRICTS. SOUTH TAMPA IS A DEFINABLE LOCATION THAT YOU SEE FROM THE COMPREHENSIVE PLAN AND THE BOUNDARIES SHOWN ON THE FUTURE LAND USE MAP OF THE SOUTH TAMPA DISTRICT. AS SUCH, I RESEARCHED EVERY PARCEL OF FUTURE LAND USE R-35 IN THE SOUTH TAMPA DISTRICT SEEKING TO UNDERSTAND THE CONTEXT OF WHICH CITY STAFF AGREED TO A 16-STORY HIGH-RISE. I COLLECTED BUILDING DATA. NUMBER OF STORY ARE YEAR BUILT, TYPE OF BUILDING AND ADDRESS. I HAVE GIVEN EACH OF YOU A COPY OF MY DATA SPREADSHEET WITH MY PRESENTATION. AND I UTILIZED THE DATA SOURCES OF THE FUTURE LAND USE MA'AM, SOUTH TAMPA DISTRICT, THE HILLSBOROUGH COUNTY PROPERTY APPRAISER WEB SITE AND THE CITY OF TAMPA CITIZEN ACCESS PORTAL. I AM GOING TO BE GIVING YOU A DATA SUMMARY IN ADDITION TO KEY FINDS AND DATA ANALYSIS. BEFORE I REVEAL THE DATA SUMMARY HERE ON THE LEFT-HAND SIDE IS THE NUMBER OF STORIES. ZERO REPRESENTS ANY VACANT LOTS OR PARKING LOTS. I HAVE 1-8 AS THAT CORRESPOND THROUGH THE COMPREHENSIVE PLAN AND ANY BUILDING THAT ARE NINE OR MORE STORIES. THE COLUMN IN THE CENTER WILL GIVE YOU THE TOTAL OF THE BUILDINGS IN THERE. IN TOTAL, OUR RESEARCH 656 FUTURE LAND USE R-35 PARCELS IN THE SOUTH TAMPA DISTRICT. THE KEY FINDING NUMBER ONE IS THERE ARE ZERO BUILDINGS THAT EXCEED ANYWHERE IN R-35 SOUTH TAMPA DISTRICT. THERE IS NOT ONE. BETWEEN TV AND EIGHT STORIES REPRESENT LESS THAN 1% OF THE BUILD BUILDINGS. ONE TO FOUR STORIES REPRESENT OF R-35 IN THE SOUTH TAMPA DISTRICT. I WOULD LIKE TO TALK SPECIFICALLY OF THE ONE EIGHT-STORY BUILDING THAT DOES EXIST. THIS IS THE COMMODORE COVE CONDOS. IT IS ON THE PARCEL OF FUTURE LAND USE R-35 IN THE SOUTH TAMPA DISTRICT. IT WAS BUILT IN 1976 AND STAND AT A HEIGHT OF 72 FEET. THE APPLICANT PROPOSES NOT ONE, BUT TWO BUILDINGS THAT EXCEED THAT EIGHT-STORY HEIGHT. THEY ARE PROPOSING A 16-STORY HIGH-RISE AT 195 FEET AS WELL AS A PARKING STRUCTURE AT 77 FEET. FUTURE LAND USE R-35 PARCELS AND SOUTH TAMPA LOCATIONS ARE CHARACTERIZED BY LOW RISE BUILDINGS. AGAIN 98.1 BUILDINGS ARE ONE TO FOUR STORIES. HERE IS A SAMPLING OF THE -- OF THE BUILDINGS THAT ARE FOUND ON FUTURE LAND USE R-35 IN THE SOUTH TAMPA DISTRICT. YOU WILL SEE THE ONE EIGHT-STORY BUILDING BUT FIVE-STORY APARTMENTS, FOUR-STORY TOWN HOUSES AN CONDOS, THREE-STORY OFFICE, CONDOS. TWO-STORY LIVING FACILITIES. AND TWO-STORY HOUSING APARTMENTS. ONE-STORY POST OFFICE, AMERICAN LEGION 138 AND MANUFACTURED HOMES. NO BUILDINGS ON R-35 SOUTH TAMPA HAVE COME CLOSE IN HEIGHT TO THE PROPOSED 16-STORY, 195-FOOT HIGH-RISE. WE TAKE A LOOK AT THE HISTORICAL OVERVIEW, OLDEST BUILDING IN 1922. A TWO-STORY SINGLE-FAMILY RESIDENT IN SOUTH HOWARD. NEWEST BUILDING IS A THREE-STORY TOWN HOUSE ON WEST TEXAS. SO OVER A CENTURY, 103 YEARS, NO BUILDING OVER EIGHT STORIES BUILT ON FUTURE LAND USE R REASON 35 IN THE ENTIRE SOUTH TAMPA DISTRICT. WHEN WE TAKE A LOOK AT THE NINE-YEAR DEVELOPMENT HISTORY WINS THE CURRENT ADOPTION OF THE COMPREHENSIVE PLAN IN 2016, THE DATA SHOWS BETWEEN 2016 AND 2025, 39 BUILDINGS WERE CONSTRUCTED ON FUTURE LAND USE R-35 PARCELS IN THE SOUTH TAMPA DISTRICT. OF THOSE, HIGHEST MAXED OUT SIX STORIES PORTLAND WESTSHORE APARTMENTS COMPLETED IN 2022. SO, COUNCIL, ALL BUILDINGS ON R-35 PARCELS AN SOUTH TAMPA DISTRICT LOCATION ACE LINE WITH TO THE UP TO EIGHT STORIES RULE OF THE COMPREHENSIVE PLAN. WITH THAT DATA-DRIVEN JUSTIFICATION, HOW DID THEY SHOW THAT A HIGH-RISE IS COMPATIBLE. THAT DECISION OFTEN BASED ON BAD DATA, OR IN THIS CASE, NO DATA AT ALL. WHY IS THIS PROPERTY ONE EXCEPTION IN OVER A CENTURY? WHY IS THIS DEVELOPER THE ONE EXCEPTION IN OVER A CENTURY? COUNCIL, DATA SUPPORTS THE BUILDINGS IN THE SOUTH TAMPA DISTRICT LOCATION ADHERE TO THE EIGHT-STORY LIMIT AS WITH THE COMPREHENSIVE PLAN AND I ASK THAT YOU DENY THE ZONINGS AND UPHOLD THE CHARACTER OF NO LARGER THAN EIGHT-STORY BUILDINGS IN THE SOUTH TAMPA DISTRICT. I WOULD LIKE TO DRAW YOUR ATTENTION TO ANOTHER IMPORTANT TOPIC OF DISCUSSION. AND THIS IS IN REGARDS TO THE MIDBLOCK CROSSWALK THAT IS PROPOSED. THE MID-BLOCK CROSSWALK REQUIRES AN ENGINEERING STUDY WHICH THE APPLICANT HAS NOT DONE. THIS PROPOSED MIDWALK CROSSWALK IS LESS THAN 300 FEET FROM THE INTERSECTION OF BARCELONA AND YSABELLA. SHOWING YOU THIS CROSSWALK WHICH WAS SUBMITTED ON THE SITE PLAN IN ACELA, 9/17/24. AND THE APPLICANT SUBMITTED SOME OTHER PLAN THAT NO ONE HAS BEEN AWARE OF OR THAT STAFF HAS REVIEWED. THE CITY OF TAMPA TRANSPORTATION TECHNICAL MANUAL STATES THAT ALL SITE DEVELOPMENT PLAN WILL BE GOVERNED BY THE MANUEL. THE FOLLOWING DOCUMENTS MANUEL ON TRAFFIC CONTROL AND THE FLORIDA D.O.T. AND DESIGN STANDARDS OF LATEST EDITIONS. THESE DOCUMENTS WILL BE CONSIDERED THE MINIMUM STANDARDS OF THE DEVELOPMENT WITHIN THE CITY OF TAMPA. IN THE UNIFORM TRAFFIC CONTROL DEVICES, QUOTE, AT UNCONTROLLED APPROACHES AN ENGINEERING STUDY SHOULD BE PERFORMED BEFORE A MARKED CROSSWALK IS INSTALLED. FDOT DESIGN MANUAL, AN ENGINEERING STUDY FOR NEW BID CROSSWALKS TO FOLLOW THE PROCEDURES AND GUIDELINES IN TEM 5.2. MIDBLOCK CROSSWALKS SHOULD NOT BE WHERE THE FOLLOWING EXISTS. NEAREST INTERSECTION IS LESS THAN 300 FEET. AND THE TRAFFIC ENGINEERING MANUAL, 5.2.5.1 FOR THE MARKED CROSSWALK, QUOTE VALIDATE THE NEED FOR MIDBLOCK CROSSWALKS AND WITH AN ENGINEERING STUDY. CONTINUING MINIMUM LOCATION CHARACTERISTICS. VEHICULAR VOLUME OF 2,000 ADE OF GREATER OF THE ROADWAY SEGMENT. COUNCIL, I WOULD LIKE TO NOTE HERE, THIS -- THE APPLICANT HAS NOT CONDUCTED A TRANSPORTATION ANALYSIS OF VEHICULAR VOLUME ALONG THE ROADWAY SEGMENT. THE APPLICANT HAS A TRIP GENERATION COMPARISON OF THE PROPOSED CONDOS IN THE EXISTING PRESC PRESCHOOL. 6.2.6. CONDUCT AN ENGINEERING STUDY BEFORE INSTALLING A MARKED CROSSWALK AT A MIDBLOCK LOCATION FOR UNSIGNALIZED INTERSECTION. SO COUNCIL, THE APPLICANT HAS NOT CONDUCTED THE REQUIRED ENGINEERING STUDY FOR INSTALLATION APPLIEDBLOCK CROSSWALK ON SOUTH YSABELLA AVENUE. FOR THIS ADDITIONAL REASON, I ASK THAT YOU DENY THE REZONING 24-06. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. OUR NEXT SPEAKER TIM EVERETT FOLLOWED BY MARCY BAKER. MR. EVERETT, PLEASE STATE YOUR NAME. YE YES. >> HI, MY NAME IS TIM EVERETT, 2719 SOUTH YSABELLA AVENUE WHICH IS DIRECTLY ACROSS -- >>GUIDO MANISCALCO: YOU WANT TO PUT THAT IN THE RECORD? >>MARTIN SHELBY: YOU HAVE A COPY. THIS ONE LOOKS LIKE A -- LIKE A VERY SIMILAR COPY. THANK YOU. THREE MINUTES FOR THIS SPEAKER. >>GUIDO MANISCALCO: THIS A THREE-MINUTE SPEAKER. SIR, STATE YOUR NAME. START FROM THE BEGINNING. >> TIM EVERETT, 2719 SOUTH IS SASS BELLA WHICH IS DIRECTLY ACROSS THE STREET FROM THE PROPOSED TOWER. VICE PRESIDENT OF MICHAEL TOWN HOMES PROPERTY OWNERS ASSOCIATION. OUR HOMEOWNERS IN OPPOSITION TO PROPOSED PROJECT FOR ALL THE REASONS ALREADY STATED BY THE PREVIOUS SPEAKERS. IN ADDITION, I WOULD LIKE TO DISCUSS THE COASTAL HIGH HAZARD AREA WHICH THIS PROJECT FALLS INTO. AS I AM SURE THE COUNCIL KNOWS, THIS IS AN AREA PARTICULARLY VULNERABLE TO COASTAL FLOODING FROM TROPICAL STORM EVENTS AND DEFINED IN 163.3178 OF THE FLORIDA STATUTES OF AN AREA BELOW THE ELEVATION OF A CATEGORY ONE STORM SURGE LINE. BUILDING IN -- BUILDING CAN BE RESTRICTED FOR SEVERAL REASONS, RELATED TO SAFETY, ENVIRONMENTAL CONCERNS AND LONG-TERM SUSTAINABILITY. AND HERE IS WHY. NUMBER ONE, FLOODING AND STORM SURGE RISKS. 37 CHHAs ARE AREAS PRONE TO IS HE SEVERE FLOODING AND HURRICANES AND OTHER EXTREME WEATHER EVENTS. THESE HOMES ARE TYPICALLY IN THE PATH OF THE MOST DESTRUCTIVE FORCES PROPOSING SIGNIFICANT RISK TO LIFE AND PROPERTY. NUMBER TWO, HIGH INSURANCE RISKS. PROPERTIES IN CHHAs FACE HIGHER RISK LEADING TO INCREASED INSURANCE PREMIUMS AND FLOOD AND WIND DAMAGE. SOME INSURERS MAY REFUSE TO COVER THESE PROPERTIES OF THE HIGH POTENTIAL OF REPEATED CLAIMS. NUMBER THREE, REGULATORY RESTRICTIONS. THE GUIDANCE IN THE STATUTE STATE THAT DIRECT FUTURE POPULATION CONCENTRATIONS AWAY FROM THE COASTAL HIGH HAZARD AREAS TO ACHIEVE A NET ZERO INCREASE IN OVERALL RESIDENTIAL DENSITY WITHIN THESE AREAS. THE NATIONAL FLOOD PROGRAM GUIDELINES DISCOURAGE DEVELOPMENT IN THESE FLOOD PRONE AREAS. WITH RISING SEA LEVELS AND INCREASING STORM INTENSITIES, CHHAs FACE GROWING RISK. BUILDING IN THESE AREAS CAN LEAD TO SIGNIFICANT CHALLENGES IN THE FUTURE INCLUDING LOSS OF -- OF UNUSABLE LAND. IT ALSO POSES ADDED EVACUATION PROBLEMS WHEN EVACUATION ORDERS ARE GIVEN. AS YOU KNOW WITH BOTH OF THE MOST RECENT HURRICANES, TRAFFIC WAS BACKED UP ON THE CROSSTOWN AND I-75 BEN THE EVACUATION ORDERS WERE GIVEN. BRING UP MY FIRST SLIDE. THIS SHOWS AN AREA FROM WHERE THE STORM SURGE RAN UP ALL THE WAY UP TO YSABELLA. THAT COVERED ALMOST THE TEEN -- ALMOST THE ENTIRE PARKING LOT OF THE SYNAGOGUE WHEN THE STORM SURGE HIT. AS YOU CAN SEE, A SIGNIFICANT AMOUNT OF DANIEL TO THE CONDOMINIUMS ALONG -- ALONG BARCELONA THERE. YOU CAN SEE WHERE THE WATER LINE WAS UP TO. OBVIOUSLY THIS IS WHERE ALL THE DEBRIS CAME UP TO. THIS IS A GENTLEMAN WHO IS STANDING ON THE CORNER OF BAY TO BAY AND BARCELONA. YOU CAN SEE THE WATER LEVEL WAS UP SIGNIFICANTLY AND THAT WAS ABOUT FOUR HOURS BEFORE THE STORM SURGE -- BEFORE THE MAXIMUM STORM SURGE. THIS IS THE AREA RIGHT IN FRONT OF THE SYNAGOGUE AREA. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. OUR NEXT SPEAKER IS MARCY BAKER. MARCY BAKER HAS SPEAKER WAIVER FORM WITH ONE NAME. IF YOU HAVE A PAPER -- A PIECE OF PAPER WITH YOUR NUMBER, DROP IT IN THE BASKET I THINK -- IT IS UP THERE. THANK YOU VERY MUCH. >>MARTIN SHELBY: ANYBODY WHO HAS A NUMBER WHO HAVEN'T DROPPED IT IN THE BASKET, MAKE SURE WHEN YOU LEAVE, TO PUT IT IN THE BASKET PLEASE. >>GUIDO MANISCALCO: MARCY BAKER. YOU HAVE A SPEAKER WAIVER FORM. >> ARIANA ALFIE. ONE ADDITIONAL MINUTE. >>GUIDO MANISCALCO: STATE YOUR NAME. >> MARCY SOLOMON BAKER. 610 QUEST SWANN AVENUE RIGHT ON THE BAYSHORE. MY THIRD TIME TALKING TO YOU ALSO. I ALREADY TOLD YOU I AM A PAST THE OF CONGREGATION RODEPH SHALOM. I AM A LIFE-LONG TAMPA RESIDENT. AND I CURRENTLY LIVE ON BAYSHORE. AS I MENTIONED EARLIER, I ACTUALLY DO LIVE, WORK, PRAY AND PLAY IN SOUTH TAMPA AND HAVE MY ENTIRE LIFE. I ALREADY TOLD YOU THAT MY DAUGHTER WAS BAR MITZVAHED AT RODEPH SHALOM. I WAS BAR MITZVAHED AT RODEPH SHALOM. MY DAUGHTER BABY NAMED THERE AND IF YOU APPROVE THIS, FOR RODEPH SHALOM WILL BE THERE FOR MY DAUGHTER TO BE MARRIED THERE AND HER BABY NAMING THERE. WHAT NEW CAN I TELL YOU. WE ALREADY TALKED ABOUT THIS. I JUST STARTED THINKING OF WHAT MY DAY JOB IS. I AM A PEDIATRICIAN. I AM A PEDIATRICIAN IN SOUTH TAMPA, IN HYDE PARK. I SERVED THIS COMMUNITY FOR 22 YEARS AS A LOCAL PEDIATRICIAN. AND SOMETHING THAT HAS BEEN IN THE NEWS RECENTLY AND SOMETHING THAT WE HAVE BEEN DEALING WITH A LOT IS THE ANTI-VACCINE MOVEMENT. I DEAL WITH IT ALL THE TIME. THEY ARE THE LOUDEST VOICES IN THE ROOM ALWAYS, OKAY. BUT THE REALITY OF THE SITUATION IS THAT MORE THAN 95% OF MY PATIENTS -- MORE THAN THAT -- COME IN EVERY DAY AND GET THEIR VACCINES. THEN THEY MOVE ON WITH THEIR LIVES. THEY GET THEIR VACCINES. THEY KNOW IT IS RECOMMENDED. THEY ARE NOT THE LOUDEST VOICES IN THE ROOM. THEY ARE NOT ON SOCIAL MEDIA TALKING ABOUT, YOU KNOW, GETTING THEIR VACCINES. I FEEL LIKE THAT IS AN ANALOGY WHAT IS GOING ON. YOU HAVE A LOT OF LOUD VOICES IN THE ROOM, BUT I THINK THE MAJORITY OF PEOPLE -- AND AGAIN, I LIVED HERE MY WHOLE LIFE AND I DEAL WITH THE PUBLIC EVERY DAY. I THINK THE MAJORITY OF PEOPLE IN TAMPA ARE MORE SILENT MINORITY THAT THEY THINK THIS SCALED-DOWN PROJECT TO HELP KEEP A SYNAGOGUE ON BAYSHORE IS ACTUALLY A GOOD THING. AND THEY ARE FINE WITH IT. SO I JUST WANT -- I JUST THOUGHT OF THAT FOR MY CAREER. AND IT MADE ME THINK ABOUT THAT. AND THEN THE FINAL THING I WANTED TO TELL Y'ALL IS THAT, AGAIN, I TOLD YOU, I -- I GREW UP IN TAMPA. I LIVED HERE MY ENTIRE LIFE. I HAVE BEEN A PROUD JEW IN TAMPA MY ENTIRE LIFE. OCTOBER 7 WHEN ANTI-SEMITISM SKYROCKETED IN THE WORLD AND IN THE UNITED STATES, IN TAMPA, I HAVE FELT SAFE. PEOPLE WHO KNOW WHERE I LIVE KNOW I FLEW AN ISRAELI FLAG OFF MY BALCONY OFF OF OCTOBER 7, AND IT IS STILL THERE. I HAVEN'T HAD ANY PROBLEM WITH THAT. I HAD PEOPLE ASK, ARE YOU SCARED TO DO IS THAT? NO. I FOUND MY JEWISH STAR OUT OF MY JEWELRY BOX AND PUT IT ON AFTER OCTOBER 7. AND IN TAMPA, I ALWAYS FEEL SAFE. I WILL TELL YOU I WAS GOING ON A TRIP TO NEW YORK AND I WAS LIKE, SHOULD I WEAR THIS OR NOT. MADE ME THINK ABOUT IT. BUT NEVER HERE IN TAMPA. SO I JUST FEEL THAT TAMPA HAS BEEN SUCH A WELCOMING, WONDERFUL CITY TO ME PERSONALLY AND I FEEL LIKE TO THE JEWISH COMMUNITY THAT I THINK HAVING A SYNAGOGUE ON BAYSHORE, SEEING THAT MENORAH ON OUR MAIN PRAYER STREET IS IMPORTANT. I AM NOT SAYING THAT WE HAVE TO MOVE TOMORROW IF THIS DEAL DOESN'T GO THROUGH, BUT I TRULY BELIEVE WE WILL HAVE TO MOVE AT SOME POINT AND I THINK SOMETHING -- SOMETHING WILL BE BUILT ON THAT PROPERTY. I WANT IT TO STAY A SYNAGOGUE, BECAUSE THAT, I THINK, TAMPA DESERVES THAT. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. OUR NEXT SPEAKER IS ABR ABRAHAM MARCADUS FOLLOWED BY JIM BAKER. AND YOU, SIR, HAVE A SPEAKER WAIVER FORM WITH THREE NAMES. >>MARTIN SHELBY: THE NAME KAREN SHILIT. MARIELE ATLAS. BOB LA PORTE. AND REVA BONHOE. OKAY, WHERE ARE YOU? THANK YOU. THAT IS IT IS FOUR NAMES FOR A TOTAL OF SEVEN MINUTES. >> THANK YOU FOR ALLOWING ME TO ADDRESS THE CITY COUNCIL. MY NAME IS DR. BE A MACADUS, 2619 BAYSHORE BOULEVARD LESS THAN A BLOCK FROM THE PROPERTY. LIFE-LONG MEMBER, PAST THE AND CURRENT BOARD MEMBER OF RODEPH SHALOM. I'M HERE AS A LOYAL CITIZEN, NEIGHBOR AND MEMBER OF THE CONGREGATION. THIS IS MY THIRD TIME ADDRESSING THE CITY COUNCIL REGARDING THE DEVELOPMENT OF THIS PROPERTY. THE ISSUES ARE WELL-DOCUMENTED, 70-YEAR-OLD FOURTH-GENERATION TAMPA NATIVE. I'M HERE TO OFFER MY WISDOM AND INSIGHT TO URN MY CITY COUNCIL NOT TO BLOCK PROGRESS. TOME BRACE THE FUTURE. AND ALLOW THIS BUILDING TO BE BUILT. EACH TIME THIS MATTER HAS BEEN PRESENTED, MODIFICATIONS HAVE BEEN MADE. THIS CURRENT THIRD RENDITION IS A SUBSTANTIALLY DIFFERENT BUILDING THAN THE ORIGINAL PLAN. AND APPROVED BY THE CITY STAFF. SETBACKS ARE IMPROVED. AND THE BUILDING IS MORE THAN 100 FEET SHORT ARE THAN THE ORIGINAL. THERE ARE NO VARIANCES. NO GREEN SPACE WILL BE AFFECTED. AND REMARKABLY, IN PLACE OF A PARKING LOT, MORE LANDSCAPING, GREEN SPACE, TREES AND SIDEWALKS WILL BE PROVIDED THAN THERE IS NOW. THIS PLAN WILL NOT DETRACT FROM THE NEIGHBORHOOD. IT WILL ENHANCE THE SURROUNDING AREA AND ALLOW MORE FAMILIES TO ENJOY OUR WONDERFUL NEIGHBORHOOD. THIS DEVELOPMENT IS VITAL TO MY SYNAGOGUE AND IMPORTANT TO THE ENTIRE JEWISH COMMUNITY. RODEPH SHALOM IS A VALUABLE ASSET TO OUR CITY. AND SERVES TAMPA RESIDENTS. FOR INSTANCE, A LOCAL CHURCH, DAMAGED BY THE STORM USES CONGREGATION RODEPH SHALOM SANCTUARY EVERY SUNDAY FOR CHURCH SERVICES. YOU ARE HEARING MANY VOICES TONIGHT AND MANY OPINIONS. BUT THE VOICES YOU ARE NOT HEARING ARE THOSE OF THE FUTURE 38 TAMPA FAMILIES WHO WILL BE ABLE TO ENJOY BAYSHORE BOULEVARD. AND THANK YOU FOR ALLOWING THE BUILDING TO BE BUILT. YOU ARE NOT HEARING THE FUTURE SMALL BUSINESSES ALONG MacDILL OR BAY TO BAY THAT ARE YET TO BE CREATED. OR FUTURE CONGREGATION MEMBERS WHO MANY YEARS FROM NOW WILL PRAISE THE CITY COUNCIL FOR ITS DECISION BECAUSE THEY WILL BE ABLE TO WORSHIP IN THE SYNAGOGUE THAT IS A TAMPA LANDMARK AND A MONUMENT TO THE DIVERSITY OF MY CITY. AND SIMILAR NEIGHBORHOODS ALL ALONG BAYSHORE. NUMEROUS HIGH-RISE CONDOS LARGER THAN THE ONE PROPOSED. WHY IS THIS PROJECT BEING TREATED DIFFERENTLY? BECAUSE OF POLITICALLY CONNECTED NEIGHBORS OPPOSED TO THE PLAN OR A HEAD COUNT OF HOW MANY PEOPLE CAN BE RALLIED HERE IN OPPOSITION TONIGHT? DECISIONS MUST BE BASED ON FAIRNESS TO PROPERTY OWNERS AND THE BEST INTEREST OF THE ENTIRE CITY OF TAMPA. THIS PROPERTY IS SURROUNDED ON ALL THREE SIDES BY SIX HIGH-RISES. LESS THAN A BLOCK AWAY INCLUDING FIVE OF THEM. AQUAT CA, ALLURE, SANTUARY AND TWO RITZ TOWERS BUILT OVER THE LAST SEVERAL YEARS. THIS PROJECT IS NOT GOING TO BE THE ONE THAT DESTROYS THE NEIGHBORHOOD BUT RESTRICTING ITS USE, UNFAIRLY DEVALUES THE PROPERTY AND HARMS ITS OWNER CONGREGATION RODEPH SHALOM. THERE WILL ALWAYS BE SOME OPPOSING ANY CHANGE TO THE NEIGHBORHOOD, AND THEY HAVE LOUD VOICES. BUT IT IS ESSENTIAL THAT TAMPA CITY COUNCIL BASE THE DECISION ON THE GOOD FOR THE ENTIRE CITY OF TAMPA. BAYSHORE IS NO LONGER THE QUAINT TWO-LANE RESIDENTIAL ROAD WE SEE IN OLD PHOTOS. A BUSY FOUR-LANE THOROUGHFARE WITH MULTIPLE TURNOFFS AND TRAFFIC LIGHTS. BAYSHORE HAS CHANGED AND THE USE OF THIS PROPERTY MUST CHANGE. TAMPA HAS GROWN, AND A STRONG NEED FOR MULTIFAMILY RESIDENCES ALONG BAYSHORE. THIS SCALED-DOWN PLAN TO ALLOW THE SYNAGOGUE TO REMAIN WHERE IT IS THE BEST COMPROMISE TO PRESERVE SOME OF BAYSHORE'S CHARACTER AND STILL ALLOW RESPONSIBLE DEVELOPMENT. IT WOULD BE UNFAIR TO DENY THIS PROJECT AND ALLOW ANY NEW HIGH-RISES ALONG BAYSHORE BOULEVARD IN THE FUTURE. RELATED GROUP IS A VALUABLE PARTNER IN TAMPA'S GROWTH AND THESE ARE FAVORABLE TIMES FOR DEVELOPMENT IN TAMPA; HOWEVER, THESE TIMES DON'T LAST FOREVER. TRANSFORMING AN ASPHALT PARK LOG THE TO AN INCOME PRODUCING PROPERTY WITH MORE GREEN SPACE BENEFITS THE CITY AND ITS RESIDENTS. TAMPA'S NEEDS HAVE CHANGED, AND THE CITY COUNCIL MUST HAVE THE COURAGE AND FORESIGHT TO ADAPT TO CHANGING CONDITIONS EVEN IN THE FACE OF OPPOSITION. NOT DOING SO IS A DISSERVICE TO OUR CITIZENS AND IRRESPONSIBLE FOR THE TAXPAYERS THIS CITY. THERE IS NO REASON TO DENY THIS PROPOSAL AGAIN. AND I URGE THE CITY COUNCIL TO SHOW LEADERSHIP AND VISION AND APPROVE THIS PLAN TODAY. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. JIM >>GUIDO MANISCALCO: JIM BAKER, KEENAN PUBLIC SCHOOL. >> I HAVE NO MINUTES. I HAVE THREE MINUTES. I HAVE NO ADDITIONAL UNITS AND I'LL USE EVEN LESS THAN THAT. MY NAME IS JIM BAKER. I RESIDE AT 610 WEST SWANN AVENUE, ABOUT A MILE FROM THE SYNAGOGUE ALSO, JUST RIGHT AT BAYSHORE ON THE CORNER OF BAYSHORE AND SWANN. YOU HEARD FROM MY WIFE A COUPLE OF SPEAKERS AGO. SHE PRETTY MUCH TOOK EVERYTHING I WAS GOING TO SAY. WE DIDN'T LOOK AT EACH OTHER'S THINGS. I WOULD LIKE TO SAY IN ADDITION TO OUR WHOLE FAMILY BEING MEMBERS OF THEIR FOREVER, I THOUGHT ABOUT A COUPLE OF POINTS THAT THROUGHOUT THESE MEETINGS AND I WENT BACK AND DID RESEARCH. ONE OF THE BIG THINGS IN ONE OF THE PREVIOUS MEETINGS WAS THE GREENSPACE. WELL, THIS IS AN ASPHALT PARKING LOT. IT IS NOT GREENSPACE THAT'S BEING UTILIZED. WE'RE NOT LOSING ANY GREENSPACE. IN FACT, WE'RE ADDING MORE TREES, MORE LANDSCAPING SO THERE'S MORE GREENSPACE. FITTING IN WITH THE NEIGHBORHOOD, THERE WAS A QUOTE THAT I PULLED UP FROM A PREVIOUS ARTICLE THAT THIS NEIGHBORHOOD OF BAYSHORE GARDENS IS SURROUNDED BY TOWNHOMES AND LOW DENSITY HOUSING AND IS OUT OF SCALE WITH THE ENTIRE NEIGHBORHOOD. I DON'T AGREE WITH THAT. I THINK IT IS TOTALLY IN SCALE, IN FACT, MORE IN SCALE THAN IT'S EVER BEEN. I WANT TO THANK CITY COUNCIL. THANK RELATED, THANK ALL OF OUR NEIGHBORS FOR MAKING THIS PROJECT THE BEST PROJECT THAT IT CAN BE. I'M TRULY GRATEFUL FOR LIVING IN THIS GREAT CITY. I WILL SAY THERE'S ONE MORE EVENT THAT WE'RE GOING TO HAVE AT RODEPH SHALOM ON MARCH 8. IT IS MY ADULT BAR MITZVAH. I'M THE ONLY 55-YEAR-OLD MAN I THINK WITH AN ARK ARP CARD THAT WILL BE ABLE TO HAVE A BAR MITZVAH THERE. THANK YOU VERY MUCH. >>GUIDO MANISCALCO: CONGRATULATIONS. THANK YOU, SIR. OUR NEXT SPEAKER IS KEENAN PUBLIC SCHOOL FOLLOWED BY PAULA PERRY. >> HELLO. MY NAME IS KEENAN PUBLIC SCHOOL. I'M A RETIRED MANAGING PARTNER OF A LARGE CPA FIRM. I FORMERLY LIVED AT THE STOVALL CONDOMINIUM FROM MARCH OF 2022 TO OCTOBER 15th, 2024. I HAVE WITNESSED FIRSTHAND THE DAMAGE THAT RELATED GROUP AND COASTAL CONSTRUCTION DID TO THE STOVALL CONDOMINIUM. THEY HAD TWO MASSIVE CONCRETE OVER-SPRAYS DAMAGING OUR BUILDING, DAMAGING OUR VEHICLES AND OUR POOL AREA. PAM IORIO, OUR FORMER MAYOR, NEGOTIATED OUT-OF-COURT SETTLEMENT IN EXCESS OF 650,000 FOR THE DAMAGES THAT THEY CAUSED ON THE CONCRETE OVER-SPRAY. I PERSONALLY TRIPPED OVER A HAZARD ON THE SIDEWALK RESULTING IN THREE RIBS BEING FRACTURED. I SETTLED WITH THEIR INSURANCE COMPANY FOR $12,000. I GAVE ALL -- I GAVE HALF TO THE TAMPA GARDEN CLUB TO FIGHT THESE RICH LAWYERS THAT THEY HAVE HIRED. AND ALSO I GAVE 6,000 TO THE BAYSHORE BAPTIST. I DIDN'T WANT ONE CENT FROM THESE GREEDY OVER-DEVELOPERS. ALSO, I WAS BROUGHT UP BY TWO FORMER U.S. MARINES FROM WORLD WAR II TO HONOR YOUR NEIGHBOR AND TO RESPECT THEM. WHAT THEY ARE GOING TO DO TO THE TAMPA GARDEN CLUB, THEY ARE GOING TO PUT THEM OUT OF BUSINESS WHILE THE CONSTRUCTION BECAUSE THEY ALLOWED DEBRIS TO BE ON OUR PROPERTY ALL THE TIME. WHO WANTS TO GET MARRIED WITH CONSTRUCTION DEBRIS BLOWING ALL OVER THE PLACE? THE RELATED GROUP AND COASTAL CONSTRUCTION ARE THE WORST NEIGHBORS POSSIBLE. THEY NEVER TOOK ANY PREVENTIVE ACTION TO PICK UP THEIR STUFF THAT BLEW ON OUR PROPERTY. OUR HOUSE CLEANERS HAD TO DO IT. TWO WOMEN HAD TO DO WHAT GROWN MEN SHOULD BE DOING. THEY OPERATED WITH FLOOD LIGHTS AS EARLY AS 5:00 IN THE MORNING UNTIL 10:30 AT NIGHT. IT LOOKED LIKE IT WAS A PRISON SHINING RIGHT ONTO OUR BUILDING. MOST OF THE RESIDENTS OF THE STOVALL CONDOMINIUM ARE ELDERLY. THEY BULLIED THEM. SHAME ON THE TEMPLE FOR SAYING, "OH, WE'RE GOOD NEIGHBORS AND WHAT THE GREAT RELATED GROUP IS DOING." THEY WANT TO HURT THEIR NEIGHBORS. THEY ARE AGAINST THEIR OWN JUDAIC PRINCIPLES. LOVE THY NEIGHBOR AS THY SELF. HOW IS THAT GOING TO WORK OUT FOR THE GARDEN CLUB? ALSO, YOU CITY PLANNERS, YOU JUST APPROVE EVERY VARIANCE -- >>GUIDO MANISCALCO: PLEASE FOCUS YOUR ATTENTION TO US. THANK YOU. >> WELL, I'M CALLING THEM OUT BECAUSE THEY GOT EVERY VARIANCE TO HURT US. IT'S TOO VAGUE AND TOO WIDE. SHAME ON THE CITY OF TAMPA. >>GUIDO MANISCALCO: PAULA PERRY IS THE NEXT SPEAKER FOLLOWED BY TRACY RILEY. IF YOU HAVE A NUMBER, PLEASE DROP IT IN THE BUCKET. PLEASE STATE YOUR NAME, MA'AM. >> PAULA PERRY. I'M A LONG TERM RESIDENT OF TAMPA AND A MEMBER OF THE GARDEN CLUB AND A RESIDENT OF THE BEACH PARK NEIGHBORHOOD. THIS IS REALLY A COMMUNITY ISSUE. THIS IS NOT ONE GARDEN CLUB AGAINST ONE NEIGHBOR. WE'RE ACTUALLY GOOD NEIGHBORS TO THE SYNAGOGUE AND WE ENJOY HAVING THEM AS NEIGHBORS. I DO HAVE RESOLUTIONS FROM THE TAMPA GARDEN CLUB. THE BAYSHORE TOWN HOUSE OWNERS ASSOCIATION, ALTURA BAYSHORE CONDOMINIUM ASSOCIATION, THE SOUTH NEIGHBORHOOD ASSOCIATION, MICHAEL'S TOWNHOMES PROPERTY OWNERS ASSOCIATION AND HYDE PARK SPANISH TOWN CREEK CIVIC ASSOCIATION OPPOSING THIS REQUEST AND MORE THAN 750 PEOPLE WHO HAVE, CITIZENS OF THE CITY OF TAMPA THAT HAVE SIGNED A PETITION AND SUBMITTED LETTERS IN OPPOSITION OF THIS. THE PROJECT SIZE AND SCALE IS NOT APPROPRIATE FOR THE LOCATION OF THE NEIGHBORHOOD. IT BORDERS SINGLE-FAMILY HOMES AND SMALL BUSINESSES SUCH AS THE WOMEN'S OWNED TAMPA GARDEN CLUB. THE MAXIMUM HEIGHT STATES 195, BUT IT'S ACTUALLY 215 FEET IF YOU LOOK ON THEIR SITE PLAN. I HAVEN'T SEEN THE SITE PLAN THAT WAS SUBMITTED TODAY, SO I DON'T KNOW IF THEY REDUCED IT. BUT IT SAYS 215 IN THE OTHER ONE. IT IS IN A CHHA, ACCORDING TO OUR COMPREHENSIVE CODE, COASTAL HIGH HAZARD AREA 1.1 DIRECTS FUTURE POPULATION CONCENTRATIONS AWAY FROM COASTAL HIGH HAZARD AREA. A LOT OF OUR FAMILY, NEIGHBORS AND FRIENDS ARE STILL TRYING TO RECOVER FROM THE DEVASTATING DAMAGE FROM HURRICANES HELENE AND MILTON AND WE'RE ACTUALLY STILL UNDER A STATE OF EMERGENCY. I HAVE A COPY OF THAT FOR YOU AS WELL. ONE OTHER THING, APPROVING REZONING APPLICATIONS MAY GRANT APPLICANTS LEGAL ENTITLEMENTS. IN ADDITION TO LEGAL ENTITLEMENTS, ANY CHANGES TO THE SITE PLAN CONSIDERED NOT SUBSTANTIAL MAY BE APPROVED BY THE CITY OF TAMPA ADMINISTRATOR ALONE. THIS ACTUALLY HAPPENED BETWEEN THE FIRST AND SECOND READINGS FOR THE RITZ-CARLTON TOWERS. THE PROJECT ON SANTIAGO. REALLY, WHAT WE SEE THERE, BUILT NOW, BEING BUILT NOW, IT'S MORE THAN WHAT CITY COUNCIL APPROVED. I THINK THAT'S VERY SIGNIFICANT. IT'S MORE UNITS. IT'S MORE STORIES. IT'S MORE THAN. AND THAT'S NOT APPROPRIATE FOR THIS LOCATION AND IT'S JUST SOMETHING TO CONSIDER THAT EVERYTHING DECIDED HERE ISN'T NECESSARILY WHERE IT ENDS. I APPRECIATE YOUR TIME AND YOUR SERVICE TO OUR COMMUNITY. THANK YOU, AND, PLEASE OPPOSE THIS PROJECT FOR OUR CITY. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. OUR NEXT SPEAKER IS TRACY RILEY FOLLOWED BY PAT CIMINO AND TONY EVERETT. AND MS. RILEY, YOU HAVE A SPEAKER WAIVER FORM. >>MARTIN SHELBY: ONE NAME, LINDA DAY. ADDITIONAL MINUTE. FOUR MINUTES, PLEASE. >>GUIDO MANISCALCO: PLEASE STATE YOUR NAME. >> TRACY RILEY. IT'S NICE TO BE HERE THIS EVENING. THE LAST TIME I WAS HERE, I WAS REPRESENTING FRED BALL PARK, WHICH IS THE ONLY GREENSPACE LEFT ON BAYSHORE AND NEXT TO THE TAMPA GARDEN CLUB. I WANT TO HAVE A SHOUT-OUT AND A SPECIAL THANKS TO MARLON, JULIO, TED AND TONY WITH PARKS AND REC. I HAVE WORKED A LOT WITH THEM OVER THE LAST YEAR. I HAVE TO SAY WE HAVE GOTTEN A LOT DONE AND WE ARE NOW ABOUT TO BREAK GROUND ON REPAIRING AND RESTORING PA PALMA CEIA SPRING S WELL. WE HAVE CLEANED UP THE PARK. WE HAVE ADDED SEVEN GARDENS. 15.6 BY 700 LINEAR FEET BACK THAT BELONGS TO THE CITY BY REMOVING AN OLD CHAIN LINK FENCE. STARTED THE ADA COMPLIANCE FOR THE PARK. HISTORICAL MARKER GOING INTO THE GROUND ON FEBRUARY 28 TO MARK THE SPRING, ALONG WITH A MONEY-RAISING EVENT THAT WILL GO ON AT ULELE ON THE SAME EVENING. WE HAVE INSTALLED FENCING. WE HAVE WORKED WITH ECOSPHERE TO MATCH AND SECURE GRANTS. WE HAVE CURRENTLY RAISED $100,000 TO DATE FOR THAT PARK. I SAY THIS BECAUSE I KNOW THAT THE LAST TIME WE WERE HERE, DEVELOPERS OFTEN OFFER THAT THEY ARE GOING TO DO THINGS FOR OUR COMMUNITY. I PROMISED YOU THAT WE WOULD KEEP OUR PROMISE AND THAT YOU WOULD NOT NEED TO USE THAT IN YOUR DECISION BECAUSE THE COMMUNITY IS SPEAKING LOUD THAT IT WOULD LIKE TO TAKE CARE OF ITS SPACE. THIS COMMUNITY SPOKE SO LOUD IT NOT ONLY RAISED FUNDS, BUT WE HAD PRICE WATERS COOPER TARGET ON GANDY THE SANCTUARY, SOUTHERN FLORIDA LANDSCAPING, CASPER OF THE STOVALL HOUSE, TAMPA GARDEN CLUB, KEEPING TAMPA BAY BEAUTIFUL, ARGYLE REAL ESTATE GROUP AND SURROUNDING COMMUNITY MEMBERS ALL PITCHED IN HOURS UPON HOURS AND UPON HOURS THE LAST YEAR TO PUT THEIR HANDS IN THE DIRT AND HELP REPAIR, PAINT AND RESTORE THIS GREENSPACE. I THOUGHT IT INTERESTING AND I WASN'T GOING TO SAY ANYTHING, BUT WE WILL BE WORKING WITH TOM REECE TO RESTORE THE SPRING, AND THEY HAVE NOW DECIDED THEY EVEN WANT US TO WORK ON BALLAST POINT, ALL THE SAME PLAYERS ARE INTERESTED IN DOING THAT AS WELL FOR OUR COMMUNITY. WHAT WE'RE TRYING TO SAY IS THAT WE WOULD LIKE OUR NEIGHBORHOOD TO STAY AS SMALL OF A NEIGHBORHOOD AS WE CAN, KEEP THAT SMALL FEEL. KEEP THOSE PARKS THAT PEOPLE WALK THEIR DOGS IN, NOT HAVE THE GIANT HIGH-RISES BLOCK OUR SKIES. I NOTICED THAT THE DEVELOPER FOR THE SANCTUARY STOOD IN HERE AND DECIDED HE WOULD TAKE OWNERSHIP FOR THAT BUILDING WHICH I FOUND VERY INTERESTING SINCE IT IS A DISASTER AND I HAVE PERSONALLY WALKED IN THAT BUILDING AND THE RESIDENCE IS FLOODING. THE BACK WALL PERMEATES THE WALL. IT'S UNDER CONSTRUCTION AND I BELIEVE ALSO A CLASS ACTION LAWSUIT. IN THE MINUTES FROM THE TAMPA GARDEN CLUB THAT I WAS ABLE TO ATTAIN HE ALSO PROMISED WHEN HE WAS BUILDING THAT BUILDING WHILE HE DESTROYED THE PARK HE WOULD ACTUALLY REPAIR THE PARK AND MAKE IT ADA COMPLIANT AND HE WALKED AWAY FROM ALL OF THOSE RESPONSIBILITIES AND LEFT IT FOR THE COMMUNITY TO DO, WHICH WE ARE DOING. I AM FOR YOU TO CONSIDER WHEN THESE PEOPLE MAKE PROMISES TO YOU THAT THEY DON'T ONLY KEEP THEM, BUT THEY DAMAGE THE COMMUNITY. I PERSONALLY WENT OUT AFTER BOTH OF THOSE HURRICANES AND CLEANED THAT PARK MYSELF. IT HAD HISTORIC FLOODING OF FOUR FEET OF WATER GOING ALL THE WAY BACK. THAT AREA ALREADY FLOODS WITHOUT NEW HIGH-RISES BLOCKING UP THOSE STREETS AND MAKING IT WORSE. THERE'S NOWHERE FOR THE WATER TO GO. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. PAT CIMINO. TONY EVERETT, LAURA CRITSER. HELLO SIR. THIS IS NOT A SPEAKER WAIVER FORM. >> NO, IT IS NOT. IT IS MY LETTER. GOOD EVENING, EVERYBODY. I'M PATRICK CIMINO. I AM THE LAND USE CHAIR OF HISTORIC HYDE PARK NEIGHBORHOOD ASSOCIATION. ON BEHALF OF THE BOARD, WHICH THE BOARD VOTED TO SUPPORT THE POSITION OF THE TAMPA GARDEN CLUB AND ASK YOU AND THE OTHER NEIGHBORS AND THE NEIGHBORHOOD ASSOCIATIONS AND ASK YOU TO DENY THIS REZONING AND LAND USE CHANGE AS AN UNREASONABLE INCREASE IN DENSITY FOR THE ABOVE REFERENCED CASE AND OUT OF CHARACTER WITH THE ADJACENT GREENSPACE. THE CITY NEGOTIATED A NONBINDING SETTLEMENT AND I FOUND IT INTERESTING THAT SOME OF THE PREVIOUS SPEAKERS SAID, WELL, WHO ARE THE PARTIES TO THE SETTLEMENT? THE CITY AND THE DEVELOPER. WHERE WAS THE COMMUNITY? SO YOU ALL NOW REPRESENT US. WE DO GET A SAY, BUT WE WEREN'T IN THAT NEGOTIATION. BOTH THE SYNAGOGUE AND THE GARDEN CLUB HAVE STORIED HISTORIES. I REALLY RESPECT THAT. BUT ONE ENTITY SHOULD NOT EXPERIENCE HARDSHIP DUE TO THE ACTIONS OF ANOTHER ENTITY. THIS I WOULD CALL IT A HIGH-RISE DOES THAT TO THE GARDEN CLUB AND ITS VENUE SITE, ESPECIALLY THE WEDDING SITE. HISTORIC BALLPARK, THE GARDEN CLUB AND EVEN THE GROUNDS OF THE SYNAGOGUE INCLUDE PROBABLY THE LARGEST REMAINING SWATCH OF GREENERY ON BAYSHORE THAT DOESN'T HAVE A HIGH-RISE RIGHT ON BAYSHORE. BECAUSE, YEAH, THE EXAMPLES THEY ARE SHOWING OF NEARBY HIGH-RISES AREN'T ON BAYSHORE. THEY ARE SET BACK. PLANNING, WHICH WASN'T MENTIONED IN THE CITY REPORT, UNFORTUNATELY AND ALREADY POINTED OUT, DEEMED THIS AN INCONSISTENT AREA BECAUSE IT IS IN A COASTAL HIGH HAZARD AREA AND VERY SHORTSIGHTED NOT TO LOOK AT THAT. AND IF ANYTHING, THE SCHOOL AND THE SYNAGOGUE HAVE FUNCTIONED WITHIN THEIR ENTITLEMENT. SO THEY ARE NOT REALLY -- YOU ALL CAN SAY NO HERE. IF THEY WANT TO CHANGE, WE'RE NOT OPPOSED TO DEVELOPMENT BUT MAKE IT REASONABLE FOR THE COMMUNITY. IT'S STILL A VERY LARGE-SCALE, MASSIVE STRUCTURE THAT YOU LOOK AT FROM THE WEDDING GARDEN. AS I MENTIONED, THE CITY COUNCIL IS UNDER NO OBLIGATION TO CHANGE THIS, BUT THE PETITIONER'S NEED TO COME FORTH WITH A REASONABLE PROPOSAL FOR THIS AREA. HEIGHT MASS DENSITY WHATEVER YOU WANT TO SAY AND TRY TO PRESERVE OUR LITTLE FRINGE OF HISTORIC GREENSPACE IN TAMPA. I'M GOING TO GO A LITTLE BIT OFF MY SCRIPT BECAUSE THERE'S BEEN MENTION OF WALKABILITY AND THINGS LIKE THAT. WELL, HISTORIC DISTRICTS AS PRESERVE THE BURG HAVE SHOWN ARE SOME OF THE MOST DENSELY POPULATED AREAS IN THE CITY. I WOULD ARGUE WE PROBABLY ARE TOO. WE HAVE MID AND HIGH-RISES AS WELL, BUT WE ARE WALKABLE BECAUSE WE HAVE NICE SIDEWALKS AND WE HAVE GREENERY AND WE HAVE PARKS, A LOT OF WHICH WE MAINTAIN. SO I URGE YOU, PRESERVE THIS AREA. IT'S SPECIAL. VOTE AGAINST THIS REZONING. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. TONY EVERETT. LAURA CRITSER. JOHN LUCA MA RELA. GOOD EVENING, MA'AM. PLEASE STATE YOUR NAME AND IF YOU HAVE A NUMBER, PLEASE DROP IT IN THE BASKET. >> TONY EVERETT. I HAVE BEEN HERE FOR A LONG TIME AND WAS BORN AND RAISED HERE. FROM BAY TO BAY TO THE DIPLOMAT, IT WAS ORIGINALLY ZONED HIGH-RISE. THE FACT THAT SOMETHING ELSE WAS BUILT THERE IS FINE, BUT THERE WAS NO HEIGHT RESTRICTION CAPPED ON THAT. ALSO, IN THE RECENT MONTHS SINCE THE STORM, BOTH OF THOSE STORMS, I HAVE HAD AN INFLUX OF PEOPLE THAT WANT CONDOS. SO THERE IS A NEED FOR MORE CONDOS. WE'VE HAD IMMEDIATELY PEOPLE MOVING IN AND BUYING CONDOS AND THEN -- >> [SHOUTING FROM THE AUDIENCE] >>GUIDO MANISCALCO: MA'AM, YOU ARE OUT OF ORDER. >>LUIS VIERA: MR. CHAIR, IF I MAY, THERE NEEDS TO BE SANCTIONS ON THIS. I DON'T CARE HOW POLITICALLY CONNECTED THAT PERSON IS, THAT IS INAPPROPRIATE. >>GUIDO MANISCALCO: ABSOLUTELY. >>LUIS VIERA: THAT IS INAPPROPRIATE. >>GUIDO MANISCALCO: I'M SORRY FOR THE INTERRUPTION. PLEASE TAKE AN EXTRA MINUTES. >> LOTS OF PEOPLE ARE MOVING IN CONDOS FOR RENT AND TO BUY SINCE THE STORM. THEY ARE WORRIED ABOUT THEIR HOUSES FLOODING WHEN THEY ARE AWAY, SO THEY HAVE DECIDED TO MOVE IN CONDOS AND I THINK THAT WE NEED MORE. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MA'AM. OUR NEXT SPEAKER IS LAURA CRITSER, JOHN LUCA MARELA. >> GOOD EVENING. THANK YOU FOR THE OPPORTUNITY TO SPEAK IN FAVOR OF THIS PROJECT. >>GUIDO MANISCALCO: PLEASE STATE YOUR NAME. >> YES, MY NAME IS LAURA CRITSER. AND UNLIKE MY FRIENDS DR. MARCADUS AND DR. BAKER, I WAS NOT BORN INTO THIS CONGREGATION, BUT I HAVE ALSO SERVED AS ITS PRESIDENT. IN 1974, UNCLE SAM DECIDED THAT OUR FAMILY SHOULD RELOCATE TO TAMPA FLORIDA. MY HUSBAND SERVED AT MacDILL, AND WE BECAME MEMBERS OF CONGREGATION RODEPH SHALOM ALMOST IMMEDIATELY WITHIN THE FIRST COUPLE OF MONTHS. WE WERE REALLY HAPPY TO HAVE A CONSERVATIVE SYNAGOGUE AVAILABLE TO US. >>GUIDO MANISCALCO: PLEASE SILENCE YOUR CELL PHONES. EVERYBODY. THANK YOU. YES MA'AM. >> IT HAS BEEN PART OF OUR LIVES FOR 50 YEARS. WE ARE REGULAR CONGREGANTS. WE HAVE CELEBRATED MANY LIFE CYCLE EVENTS AT RODEPH SHALOM. AND EVEN THOUGH WE ARE NO LONGER YOUNG, OUR CONGREGATION IS STILL VIBRANT. IT IS STILL ALIVE. AND TO RISK THE POSSIBILITY OF NOT HAVING A FLOURISHING CONSERVATIVE CONGREGATION IN SOUTH TAMPA WOULD BE A TREMENDOUS LOSS. WE COULD HAVE MOVED ANYWHERE AFTER MY HUSBAND FINISHED HIS TRAINING, BUT BECAUSE OF OUR TIES TO THE SYNAGOGUE, TO THE COMMUNITY THAT WAS DEVELOPING IN THE 1970s AND 1980s UNTIL NOW, WE DECIDED WE WOULD MAKE THIS OUR HOME. MY HUSBAND PRACTICED MEDICINE HERE FOR 44 YEARS. I WOULD HOPE THAT ANY YOUNG FAMILY, ANY YOUNG JEWISH FAMILY LOOKING FOR A GOOD COMMUNITY WOULD CONSIDER SOUTH TAMPA BECAUSE RODEPH SHALOM IS THERE. THANK YOU. >>GUIDO MANISCALCO: YES, MA'AM. THANK YOU VERY MUCH. THE NEXT SPEAKER IS JOHN LUCAMARELA WHO HAS A SPEAKER WAIVER FORM. >>BILL CARLSON: THERE ARE ALL THESE SIDEBARS GOING ON. IF WE ARE GOING TO SANCTION THE PERSON, WE SHOULD DO IT NOW INSTEAD OF HAVING THE SIDEBARS. >>MARTIN SHELBY: LET ME STOP FOR A MINUTE, MR. CHAIRMAN AND MAKE THE COMMENTS, PLEASE, FOR THE RECORD. I'M GOING TO BRING TO COUNCIL'S ATTENTION ITS RULES OF PROCEDURE, BRING TO THE PUBLIC'S ATTENTION THE RULES OF PROCEDURE. RULE 5F, SPEAKERS SHALL REFRAIN FROM DISRUPTIVE BEHAVIOR, INCLUDING MAKING VULGAR OR THREATENING REMARKS AND SHALL REMAIN FROM MAKING PERSONAL ATTACKS AGAINST ANY CITY OFFICIAL, CITY STAFF MEMBER OR MEMBER OF THE PUBLIC. COMMENTS SHALL BE DIRECTED TO THIS COUNCIL AS A BODY AND NOT TO INDIVIDUAL COUNCIL MEMBERS. G NO ONE PRESENT DURING A COUNCIL MEETING SHALL ENGAGE IN DISRUPTIVE BEHAVIOR, INCLUDING INTENTIONALLY MAKING OR CAUSING TO BE MADE ANY DISRUPTIVE NOISE OR SOUND OR DISPLAYING SIGNS OR GRAPHICS IN A MANNER DISRUPTIVE TO THE PROCEEDING. H, THE CHAIR SHALL RULE OUT OF ORDER ANY MEMBER OF THE PUBLIC WHO SHALL SPEAK WITHOUT BEING RECOGNIZED OR WHO SHALL ADDRESS COUNCIL, NOT ADDRESS COUNCIL FROM THE PODIUM OR OTHER ESTABLISHED SPEAKER AREA. NO PERSON SHALL APPROACH THE DAIS OF THE CITY COUNCIL DURING MEETINGS EXCEPT COUNCIL MEMBERS AND EMPLOYEES OF THE CITY UNLESS INVITED BY A MEMBER OF COUNCIL. I, ALL PERSONS SHALL AT ALL TIMES SHALL CONDUCT THEMSELVES IN ACCORDANCE WITH COUNCIL'S RULES. PERSONS FAILING TO DO SO SHALL BE RULED OUT OF ORDER AND MAY BE DIRECTED BY THE DISCRETION OF THE CHAIR TO BE REMOVED FROM THE COUNCIL CHAMBER. SUCH PERSON SHALL NOT THEREAFTER BE READMITTED TO THE COUNCIL CHAMBER OR CITY HALL DURING THE REMAINDER OF THE DAY'S MEETING. THANK YOU, COUNCIL. >>GUIDO MANISCALCO: AS YOU SAW, SOMEBODY CAME IN HERE AND INTERRUPTED, COMPLETELY OUT OF ORDER. I FIND IT COMPLETELY AND TOTALLY DISRESPECTFUL. YOU READ THE RULES. THEREFORE I DON'T THINK THAT PERSON SHOULD BE ADMITTED ANYMORE FOR THE REMAINDER OF THIS MEETING. I'VE NEVER SEEN ANYTHING LIKE THAT IN ALMOST TEN YEARS HERE. >>BILL CARLSON: SECOND. IT'S FOLLOWING THE RULES ANYWAY, BUT IF YOU WANT TO MAKE A MOTION. >>GUIDO MANISCALCO: I RULE THAT PERSON OUT OF ORDER FOR WHAT WAS WITNESSED HERE A FEW MINUTES AGO. WE HAVE A SECOND FROM COUNCIL MEMBER CARLSON. ALL IN FAVOR? I RULE THAT PERSON OUT OF ORDER AS EVERYBODY WITNESSED HERE. >>MARTIN SHELBY: THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. >>MARTIN SHELBY: AGAIN, MY APOLOGIES, COUNCIL, FOR A SIDEBAR. I APPRECIATE THE COMMENT OF BEING ABLE TO STATE THE RULES PUBLICLY. MR. MA RELO HAS THREE NAMES. SCOTT DISIT IS AIO, DAVID DONAT AND DONNA DONAT. THREE ADDITIONAL MINUTES FOR A TOTAL OF 6. >>GUIDO MANISCALCO: SIR, AFTER YOU SPEAK, WE'LL TAKE A QUICK FIVE-MINUTE RECESS. WE HAVE TWO MORE SPEAKERS AND THEN WE'LL HAVE TO TAKE A LONGER RECESS BECAUSE WE HAVE 48 MORE PEOPLE DOWN STAIRS WE NEED TO BRING UP. >> THANK YOU VERY MUCH. MY NAME IS JOHN LUCAMA RELO. PRESIDENT OF THE ALTURA BAYSHORE CONDOMINIUM ASSOCIATION. THANK YOU FOR GIVING ME THE TIME TO SPEAK TO YOU THIS EVENING. A LITTLE BIT ABOUT THE ALTURA, WHILE THE ALTURA IS A NEW HIGH-RISE BUILDING IN THE NEIGHBORHOOD, WE ARE SET BACK ONE BLOCK OFF BAYSHORE TO THE WEST AND WE ARE BUILT RIGHT UP AGAINST THE CROSSTOWN EXPRESSWAY. OUR DEVELOPMENT INCLUDES A SECOND GARAGE THAT WAS BUILT FOR GUESTS OF THE BAYSHORE GARDENS COMMERCIAL SITE WHICH HOUSES SEVERAL RESTAURANTS. THIS PROVIDES A NICE BENEFIT TO THE COMMUNITY BECAUSE IT KEEPS ALL OF THE RESTAURANT TRAFFIC PARKED IN THE CONFINED AREA BEHIND OUR BUILDING AND DOES NOT ALLOW IT TO SPREAD ACROSS THE NEIGHBORHOOD. OUR BUILDING IS CATTY-CORNER TO THE SUBJECT PROPERTY. ALTURA WILL BE SPECIALLY IMPACTED BY THE PROPOSED DEVELOPMENT IN A NUMBER OF WAYS. I'LL BRIEFLY ADDRESS JUST A FEW. FIRST, THE PROPOSED DEVELOPMENT IS NOT COMPATIBLE WITH THE SURROUNDINGS. I HAVE SOMETHING ON THE ELMO TO SHOW THE CORRIDOR OR GREENSPACE -- >>GUIDO MANISCALCO: IT WILL COME UP IN JUST A MOMENT. THERE IT IS, SIR. GO AHEAD. >> THAT WE HAVE BEEN DISCUSSING. IT STRETCHES -- ALTURA STANDS ON THE WESTERN PERIMETER OF THE THREE-BLOCK CORRIDOR OF GREENSPACE AND LOW-RISE STRUCTURES DIRECTLY ON BAYSHORE BOULEVARD. THE CORRIDOR RUNS NORTH FROM BAY TO BAY ALL THE WAY UP TO THE SANCTUARY CONDO BUILDING WHICH IS NORTH OF THE FRED BALL PARK. THE STRUCTURES IN THIS CORRIDOR ARE LIMITED TO TWO STORIES SMALL OFFICE STRUCTURE, WOMEN'S CLUB, GARDEN CLUB, TWO COLLECTIONS OF TOWNHOMES WITH GREENSPACE AROUND THEM, THE BAYSHORE 2 2713 BAYSHE PROPERTY AND FRED BALL PARK. THIS IS A PANORAMIC OF THAT CORRIDOR. AS YOU CAN TELL, THIS CORRIDOR CREATES A NICE SERENE AND TRANQUIL AREA THAT EVERY ALTURA RESIDENT EXPERIENCES WHEN THEY EXIT THE BUILDING. THIS INCLUDES MY FAMILY AND MANY OTHER DOG OWNERS IN THE BUILDING TO ROUTINELY STROLL UP AND DOWN THE STREETS OF THAT AREA WALKING OUR DOGS MULTIPLE TIMES A DAY. FORCING A 16 STORY TOWER WITH A SEPARATE GARAGE STRUCTURE AND LARGE FOOTPRINT RIGHT IN THE MIDDLE OF THAT CORRIDOR IS COMPLETELY INCONSISTENT WITH THE SURROUNDING AREA. THIS WILL DETRIMENTALLY IMPACT ALL OF ALTURA'S RESIDENTS AS WELL AS THE NEIGHBORS. THE SECOND I WANT TO ADDRESS IS THE FLOODING. THE PROPOSED PROJECT IS SURE TO IMPACT ALTURA IN THIS WAY, TOO. THE AREA EXPERIENCED SEVERE FLOODING DURING HURRICANE HELENE. THIS IS A SCREEN SHOT FROM A VIDEO FROM ALTURA DURING THE HURRICANE. THIS WAS TAKEN IN FRONT OF 2713 BAYSHORE. AS YOU CAN SEE, THE WATER LEVEL IS AS HIGH AS THE TOP OF THE BALUSTRADE ON BAYSHORE BOULEVARD AND THE WAVES ARE BREAKING ON THE BAYSHORE ITSELF. THIS IS A PICTURE OF THE SYNAGOGUE'S PARKING LOT. AS YOU CAN SEE, THIS IS A SCREEN SHOT FROM THE SAME VIDEO. THE PARKING LOT IS UNDERWATER. IF THE PROPOSED DEVELOPMENT IS BUILT, IT'S A NO-BRAINER THE NEXT TIME THIS TYPE OF FLOODWATER HAPPENS ALL OF THE WATER WILL BE PUSHED IN OTHER DIRECTIONS TOWARD THE ALTURA AND OTHER SURROUNDING PROPERTIES. AS YOU CAN TELL AND AS YOU CAN IMAGINE, WE ARE VERY CONCERNED ABOUT THE FUTURE IMPACT OF THE FLOODING IN THE AREA. THIRD, I WOULD LIKE TO BRIEFLY ADDRESS THE TRAFFIC. IN THE RECORD THERE IS A MEMORANDUM PROVIDED BY OUR TRAFFIC EXPERT. ALL OF ALTURA'S RESIDENTS EXPERIENCE QUEUING AT PEAK HOURS WHEN WE DRIVE SOUTHBOUND ON YSABELLA TOWARDS BAY TO BAY. DURING THE 24 HOURS THAT THE ENGINEER STUDIED THE SPACE, HE FOUND QUEUING OF UP TO IN EXCESS OF 300 FEET. SO THAT IS A FOOTBALL FIELD. ADDING THE 38 UNITS AND ALL OF THEIR CARS WILL EXACERBATE THAT SITUATION. THE SAME THING WITH CUT-THRU TRAFFIC THAT JANE, OUR LAWYER, PREVIOUSLY MENTIONED. IN THE PEAK HOURS, THE PEAK FOUR HOURS, INCLUDING THE MORNING AND THE AFTERNOON OF THE DAY THAT THE ENGINEER WAS THERE, HE OBSERVED 82 CUT-THRUS ONLY THROUGH THE BARCELONA STREET RIGHT NEXT TO THE PROPERTY THAT IS THE SUBJECT OF THIS HEARING. OBVIOUSLY, WE ARE ALREADY EXPERIENCING A SIGNIFICANT AMOUNT OF CONGESTION AND TRAFFIC ON THE STREET AND THE PROJECT WILL EXACERBATE THE ENTIRE SITUATION. THE ALTURA IS NOT AGAINST DEVELOPMENT. WE'RE AGAINST DEVELOPMENT THAT WILL SPECIALLY IMPACT US AND, OF COURSE, OUR ENTIRE NEIGHBORHOOD. DROPPING A 16-STORY TOWER WITH 38 UNITS AND A SEPARATE GARAGE STRUCTURE RIGHT IN THE MIDDLE OF THE CORRIDOR IN A PROPERTY THAT'S PLANNED FOR UP TO 8 STORIES WILL UNDOUBTEDLY ADVERSELY IMPACT ALL OF US IN THE SURROUNDING AREA. I URGE YOU NOT TO DESTROY THE WONDERFUL CORRIDOR BY ALLOWING THIS PROJECT. THE LAST THING I WOULD LIKE TO BRIEFLY MENTION IS A LETTER WE RECEIVED THIS MORNING FROM THE DEVELOPER'S LAWYERS THAT JANE PREVIOUSLY MENTIONED. THE LETTER THREATENS THAT IF WE, ALTURA, CONTINUES ARGUING THAT THIS PROJECT IS INCONSISTENT WITH THE COMPREHENSIVE PLAN, THAT OUR BUILDING COULD BE SUBJECT TO DEMOLITION. THE LETTER CITES AND WE RECEIVED THIS THIS MORNING. THE LETTER CITES A LEGAL CASE THAT DOES NOT SUPPORT THEIR PROPOSITION AT ALL. IT'S CLEAR THIS LETTER WAS MEANT TO INTIMIDATE US FROM SPEAKING UP TONIGHT AND IN GENERAL AGAINST THIS PROJECT. THESE SORTS OF TACTICS SHOULD NOT BE TOLERANTED IN ANY WAY. NOBODY WANTS DEVELOPERS THAT USES THESE UNETHICAL PRACTICES IN OUR NEIGHBORHOODS AND WE DON'T AND SHOULDN'T HAVE THEM IN THE CITY OF TAMPA. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. WE'LL TAKE A QUICK FIVE-MINUTE RECESS. WE HAVE TWO MORE SPEAKERS, AND THEN WE'LL TAKE A LONGER RECESS BECAUSE WE HAVE 48 MORE PEOPLE DOWN STAIRS. WE'RE IN RECESS. [ SOUNDING GAVEL ] [RECESS] >>GUIDO MANISCALCO: I WOULD LIKE TO CALL THIS TAMPA CITY COUNCIL MEETING BACK TO ORDER. ROLL CALL, PLEASE. >>BILL CARLSON: HERE. >>LYNN HURTAK: HERE. >>ALAN CLENDENIN: HERE. >>GWEN HENDERSON: PRESENT. >> VIERA? MIRANDA? >>CHARLIE MIRANDA: HERE. >>GUIDO MANISCALCO: HERE. >>THE CLERK: WE HAVE A PHYSICAL QUORUM. >>GUIDO MANISCALCO: WE HAVE TWO MORE SPEAKERS. THEN WE'LL TAKE A 15-MINUTE RECESS BECAUSE WE HAVE TO GET IN ANOTHER 48 PEOPLE, PEOPLE THAT HAVE ALREADY SPOKEN THAT ARE NOT PART OF THE LEGAL TEAM HERE, PLEASE STEP OUT OF THE ROOM. YOU CAN GO DOWN TO THE SECOND FLOOR. BECAUSE WE HAVE TO GET THE OTHER PEOPLE UP HERE. >>LYNN HURTAK: I WANT TO REMIND EVERYONE, COUNCIL MEMBERS, STAFF, THAT THE CHAMBER NEXT DOOR IS NOT SOUNDPROOF. SO IF YOU GO THERE TO SPEAK, PLEASE KEEP YOUR VOICES DOWN BECAUSE WE CAN STILL HEAR YOU AND THEN WE CAN'T HEAR THE SPEAKERS. >>GUIDO MANISCALCO: JONATHAN MOORE IS OUR NEXT SPEAKER FOLLOWED BY CARROLL ANN BENNETT WHO HAS SPEAKER WAIVER FORM. AFTER CARROLL ANN BENNETT, WE'LL DO THE 15-MINUTE RECESS TO BRING THE NEW FOLKS UP FROM DOWNSTAIRS. GOOD EVENING, PLEASE STATE YOUR NAME. >> GOOD EVENING, COUNCILMEN AND WOMEN. JONATHAN MOORE. 1501 WEST CLEVELAND, TAMPA, FLORIDA. THANKS FOR LISTENING TO ALL OF US TONIGHT. I'M PRESIDENT OF ENVISION ADVISORS, LOCAL OWNERS REPRESENTATIVE FIRM. I COME BEFORE YOU ON MANY REZONES. I RECEIVED APPROVALS. I'VE RECEIVED DISAPPROVALS. CITY STAFF DOES A GREAT JOB ANALYZING PROJECTS AND I THINK THEY HAVE DONE A GREAT JOB FINDING CONSISTENCIES IN RELATED'S REVISED PLANS. I FEEL THIS PARTICULAR PROJECT IS SMART DEVELOPMENT. GOOD FOR TAMPA AND RIGHT FOR THIS SITE. THERE'S LOTS OF TALK ABOUT FUTURE LAND USE, AND I DO BELIEVE THAT EVENTUALLY A HIGH-RISE WILL BE ON THIS SITE. GOD FORBID THIS PROJECT BE DENIED AND RODEPH FORCED TO MOVE IN A HIGHER DENSER PROJECT COME BEFORE YOU AND THE COMMUNITY. SO WE TALK A LOT ABOUT COMMUNITY SUPPORT, WORKING AROUND TREES, MONITORING DENSITY, SUSTAINABLE GROWTH. I BELIEVE THIS IS ALL OF THOSE. I WAS PRESENT FOR THE OTHER HEARINGS. I BELIEVE THE APPLICANT LISTENED TO WHAT STAFF SAID. THEY WENT BACK. THEY REDUCED THE DENSITIES. THEY MADE THE BUILDING SHORTER. THEY REALLY TRIED TO PRESERVE THE RELIGIOUS FACILITY USE AND THE MULTIFAMILY USE ON THE SAME SITE. IT'S AN INNOVATIVE USE OF PROPERTY. I THINK ONE THAT THE CITY SHOULD TAKE NOTE OF AND TRY AND FIND OTHER COMPLEMENTARY USES, OTHER SITES THAT COULD HAVE THESE TYPES OF COMPLEMENTARY USES. I'M VERY APPRECIATIVE OF CITY COUNCIL FOR TAKING THE TIME TO PROPERLY MANAGE AND APPROVE THESE TYPES OF REQUESTS. IT'S A REALLY LONG NIGHT, A HEAVY LIFT. I APPRECIATE ALL OF YOU. I AM PROUD TO SUPPORT THIS PROJECT AND ENCOURAGE YOU TO DO THE SAME. THANK YOU VERY MUCH. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. CARROLL ANN BENNETT HAS A SPEAKER WAIVER FORM. MR. SHELBY WILL READ OFF THE NAMES. >>MARTIN SHELBY: THANK YOU. MARY DAVIS. CARLA KELLY. ELAINE. RANDY WESTBAY. MICHAEL FANNING. SEVEN NAMES FOR A TOTAL OF TEN PLEASE. >>GUIDO MANISCALCO: YES, MA'AM. PLEASE STATE YOUR NAME. >> MY NAME IS CARROLL ANN BENNETT. I AM A LIFELONG RESIDENT OF SOUTH TAMPA. I'M GOING TO BOTTOM LINE THIS FOR YOU. THE REASON WE'RE HERE TODAY FOR THE FOURTH TIME IS BECAUSE THE APPLICANT FAILED TO GET A PLAN AMENDMENT. THAT IS THE WHOLE STORY. THEY ARE TRYING TO HIDE THEIR LACK OF A PLAN AMENDMENT BEHIND A PD. THE COMP PLAN AND CITY CODE PROHIBIT USING A PD TO CIRCUMVENT LAND USE. ONLY APPROPRIATE WHEN NO ZONING DISTRICT WILL WORK. LU POLICY 8.14.2 SAYS EACH LAND USE SHALL HAVE PERMITTED ZONING. ZONING NOT IN THE TABLE SHALL NOT BE APPLIED FOR NOR APPROVED. PDs ARE NOT TO BE USED FOR THE SOLE PURPOSE OF WAIVING LAND DEVELOPMENT REGULATIONS. LU OBJECTIVE 2.1, REGULATE BUILDING INTENSITY TO THE LAND USE DESIGNATION. THE HIGHEST ZONING ALLOWED IN THIS LAND USE IS RM 24. SECTION 27-227, PD BUILDING HEIGHT SHALL BE DESIGNED USING TABLE 4.2 AS A GUIDELINE. THIS IS TABLE 4.2. AS THE PREVIOUS EXPERT PROVED, THE GUIDELINE SAYS THE TALLEST BUILDING ALLOWED IN THE SYNAGOGUE'S LAND USE IS 60 FEET. SECTION 27-136, THE PURPOSE OF PDs IS TO RECOGNIZE UNIQUE CONDITIONS ALLOW DESIGN FLEXIBILITY AND PROMOTE STRUCTURES WHICH OTHER ZONING CANNOT ACCOMMODATE AND TO ALLOW A DEVELOPMENT THAT WOULD NOT BE PROVIDED BY OTHER ZONING. YOU DON'T NEED A PD TO BUILD A 16 STORY, 190-FOOT BUILDING. RM 50 AND RM 75 ZONING ALLOWS THAT SIZE. THEIR PROBLEM IS THAT THOSE ZONES ARE NOT ALLOWED IN R 35 LAND USE. THEY ARE ONLY ALLOWED IN LAND USE R 83. THEY APPLIED FOR A PLAN AMENDMENT TO CHANGE THEIR LAND USE FROM R 35 TO R 83 BUT IT WASN'T APPROVED. THE PLANNING COMMISSION FOUND IT INCONSISTENT AND THE SYNAGOGUE AND THE RELATED GROUP WITHDREW THEIR REQUEST. THAT WAS THE FIRST MEETING. THE CITY UNDERSTANDS THAT SOMETIMES PEOPLE WANT TO INCREASE THEIR ENTITLEMENTS. THE CITY KNOWS INCREASING ENTITLEMENTS IS SOMETIMES GOOD AND SOMETIMES BAD. SO THEY HAVE A PROCEDURE TO DECIDE IF A REQUEST IS BENEFICIAL OR HARMFUL. THE SYNAGOGUE AND RELATED USED THAT PROCEDURE BUT THEY DID NOT SUCCEED. THEY FAILED TO CHANGE THE LAND USE FROM R 35 TO R 83, BUT THEY WON'T ACCEPT IT. THE SYNAGOGUE WON'T ACCEPT THAT THEY OWN MEDIUM DENSITY R 35 PROPERTY AND THEIR PARKING LOT IS WORTH A LOT LESS THAN HIGH DENSITY R 83. THE RELATED GROUP WON'T ACCEPT THEY CAN ONLY BUILD MEDIUM DENSITY R 35 ON THIS PARKING LOT AND IF THEY WANT HIGH DENSITY R 83, LUXURY CONDOS THEY MUST BUY A DIFFERENT PROPERTY. WE ARE HERE FOR THE FOURTH TIME BECAUSE PEOPLE WON'T ACCEPT REALITY. I WISH I COULD SELL MY HOUSE FOR A BEACHFRONT PRICE, BUT I MUST ACCEPT THE REALITY THAT MY HOUSE IS NOT BEACHFRONT PROPERTY. THE SYNAGOGUE WOULD LOVE TO SELL THEIR PARKING LOT FOR A HIGH DENSITY PRICE, BUT THEY MUST ACCEPT THE REALITY THAT IT'S NOT HIGH DENSITY LAND, PRETENDING DOESN'T MAKE IT SO. THEIR LAWSUIT SAYS THEY LOST $7,285,000 IN VALUE. A REALITY CHECK SAYS YOU CAN'T LOSE WHAT YOU NEVER HAD. THEIR MEDIUM DENSITY LAND HAS NEVER BEEN WORTH THAT MUCH. THE LAWSUIT AMOUNTS TO THE SYNAGOGUE HOPING AND PRETENDING THEY CAN GET A HIGH DENSITY PRICE. THEY ARE ATTEMPTING A SLEIGHT OF HAND MAGIC TRICK BY ASKING FOR A PD WHICH HAS NO HEIGHT RESTRICTIONS TO DISTRACT FROM THEIR LACK OF A PLAN AMENDMENT. THEIR STRATEGY IS TO PRESENT THEIR HIGH DENSITY DREAM AND ASK FOR TWICE THE HEIGHT OF THEIR MEDIUM DENSITY REALITY. BY THE WAY, STAFF SPECIFICALLY SAID IN AN E-MAIL THAT THEY DO NOT DETERMINE IF HEIGHT IS CONSISTENT IN A PD. THEY ONLY DETERMINE IF THE DENSITY IS CONSISTENT. THE ZONING DISTRICTS THAT ALLOW 190-FOOT BUILDINGS ARE NOT ALLOWED IN R 35. R 35 IS INTENDED TO HAVE 60-FOOT MAXIMUM HEIGHT. R 35 IS INTENDED TO HAVE UP TO 8 STORIES. THAT'S WHY THERE IS NOTHING BIGGER THAN 8 STORIES ON ANY R 35 PROPERTY IN THE ENTIRE SOUTH TAMPA DISTRICT. IF YOU APPROVE THIS ENORMOUS COMPROMISE YOU ARE CHANGING WHAT CAN BE BUILT IN R 35 THROUGHOUT THE CITY. IF THAT'S WHAT YOU REALLY WANT TO DO, THEN YOU NEED TO MAKE THAT CHANGE PROPERLY. YOU NEED TO AMEND R 35 AND VOTE THE COMP PLAN AND THE DEVELOPMENT CODE. THE RELATED GROUP SAYS THEY CAN'T MAKE A PROFIT BUILDING 42 UNITS IN AN EIGHT STORY BUILDING. IN OTHER WORDS THEY CAN'T MAKE A PROFIT BUILDING A MEDIUM DENSITY PROJECT. WELL, OF COURSE, THEY CAN'T. THAT'S BECAUSE THEY ARE BUYING THE LAND AT A HIGH DENSITY PRICE. EVERYBODY NEEDS A REALITY CHECK. THIS LAND IS NOT R 50. IT'S NOT R 83. IT IS R 35, JUST LIKE MY HOUSE IS NOT BEACHFRONT. WISHES DON'T CHANGE LAND USE. PLAN AMENDMENTS DO. IN REALITY, WHAT THEY LOST WAS ONLY THE HOPE THAT THEY WOULD GET A WINDFALL THROUGH A VERY VALUABLE PLAN AMENDMENT, BUT YOU DON'T ALWAYS GET WHAT YOU HOPE FOR AND YOU AREN'T AWARDED SETTLEMENT MONEY FOR YOUR HOPES. THIS SO-CALLED COMPROMISE IS A JOKE. IF MY TEENAGER ASKED FOR $500 TO GO OUT WITH HIS FRIENDS, I WOULD LAUGH IN HIS FACE. IF HE CAME BACK WITH A COMPROMISE SAYING HE ONLY NEEDS $250, I'M NOT GOING TO SAY, WOW, YOU REALLY GAVE UP A LOT, YOU TRIED HARD TO WORK WITH ME AND LOWER YOUR NEEDS, HERE'S 250 BUCKS, NICE TRY, BUT I'M NOT A FOOL. ASKING FOR THE MOON AND THE STARS IS JUST A TACTIC TO MAKE THEM LOOK REASONABLE WHEN THEY TURN AROUND AND ASK ONLY FOR THE MOON. MAKE NO MISTAKE THIS COMPROMISE IS ASKING FOR THE MOON. IT'S ASKING FOR TWICE THE R 35 HEIGHT. IF YOU REWARD THAT STRATEGY, I GUARANTEE YOU'LL BE FLOODED WITH OUTRAGEOUS DEMANDS LIKE THIS ONE AND YOU'LL NEED TO PUT A COT IN YOUR OFFICES. I HAVE GIVEN YOU RELATED'S OWN EVIDENCE OF COMPARABLE BUILDINGS BUT THEY ARE NOT COMPARABLE. THEY ALL HAVE A HIGHER LAND USE. NOT EVEN ONE OF THEM IS R 35. IN FACT, THE ONLY R 35 ON BAYSHORE BOULEVARD IS BAYSHORE TRACE APARTMENTS. THOSE APARTMENTS ARE ONLY THREE STORIES HIGH. IF RELATED BUILDS THE 8 STORIES THEY ARE ALLOWED, THEY WILL STILL BE BUILDING THE TALLEST R 35 BUILDING IN THE SOUTH TAMPA DISTRICT. THE COMP PLAN REPEATEDLY SAYS CHARACTER OF A NEIGHBORHOOD IS THE EXISTING DEVELOPMENT PATTERN. STAFF REPORT SAYS THE EXISTING DEVELOPMENT PATTERN IS 14 UNITS PER ACRE IN R 35. THIS PROJECT IS 26 UNITS PER ACRE. THE STAFF REPORT ALSO SAYS THAT EVEN IN THE NEARBY R 83, THE EXISTING DEVELOPMENT PATTERN IS ONLY 16 UNITS PER ACRE. THIS COMMUNITY IS TELLING YOU THAT THEY WILL ACCEPT DOUBLE THE NORMAL DENSITY IF THEY DON'T HAVE THE BURDEN OF DOUBLE THE HEIGHT TOO. ZONING AND LAND USE MATRIX ON PAGE 114 OF THE COMP PLAN SAYS LAND USE IS AN UMBRELLA AND UNDERNEATH THAT UMBRELLA ARE THE COMPATIBLE ZONINGS. FOR EXAMPLE, THE LAND USE MATRIX SHOWS THAT LIGHT INDUSTRIAL ZONING IS NOT PERMITTED IN R-10. THEY MUST FIRST CHANGE THE LAND USE TO A CATEGORY THAT WOULD PERMIT IT THROUGH A PLAN AMENDMENT. IF THE PLAN AMENDMENT IS SUCCESSFUL, THEN THEY CAN APPLY FOR A REZONING TO LIGHT INDUSTRIAL. THEIR REQUEST FOR A PLAN AMENDMENT WAS NOT SUCCESSFUL. IT ALSO SAYS WHILE MOST PLAN CATEGORIES PERMIT THE CONSIDERATION OF PDs, THE ZONING WILL SERVE AS GUIDELINES FOR SUCH PROJECTS. THE ZONING GUIDELINE FOR R 35 IS 60 FEET. LU POLICY 9.8.3, MODERATE DENSITY ALLOWS FOR MULTIFAMILY WALK-UP APARTMENTS. THESE BUILDINGS SHOULD BE DESIGNED WITH HEIGHT LIMITS THAT PROMOTE A STRONG RELATIONSHIP WITH THE GROUND LEVEL. THERE'S NO WAY THEY ARE BUILDING 16 STORY WALK-UPS. I'LL WAGER THIS BUILDING HAS ELEVATORS. OUR CITY CODE'S DEFINITION OF COMPATIBILITY SAYS ELEMENTS AFFECTING COMPATIBILITY INCLUDE HEIGHT, SCALE, MASS, AND BULK OF STRUCTURES. THE HEIGHT, SCALE, MASS AND BULK OF THIS PROJECT IS NOT COMPATIBLE WITH R 35 OR THE NEIGHBORHOOD. THE CURRENT LANDOWNER'S FINANCIAL HOPES AND DREAMS ARE NOT COMPETENT AND SUBSTANTIAL EVIDENCE. THEY ARE IRRELEVANT TO THIS HEARING AND YOU CANNOT LEGALLY CONSIDER THEM. THIS PD IS LIKE PLAYING A CARD GAME WHEN THE JOKERS ARE WILD BUT THEY WANT AN ENTIRE HAND OF JOKERS. ASKING FOR MORE THAN YOU ARE ENTITLED TO IS NOT A COMPROMISE. ASKING FOR TOO MUCH IS NOT A COMPROMISE. ENOUGH WITH THE PDs, ENOUGH WITH INCREASING DENSITY IN THE CHHA. I SAY AGAIN THE REASON WE ARE HERE FOR THE FOURTH TIME IS BECAUSE THE APPLICANT FAILED TO GET A PLAN AMENDMENT. THAT'S THE WHOLE STORY. GROW TAMPA RESPONSIBLY. JUST SAY NO TO STUPID GROWTH. THANK YOU. >>GUIDO MANISCALCO: THANK YOU. WE'RE IN RECESS FOR 15 MINUTES. IF YOU HAVE ALREADY SPOKEN, IF YOU WOULD PLEASE GO OUT TO THE SECOND FLOOR. WE HAVE MONITORS AND AUDIO DOWN THERE. YOU CAN CONTINUE WATCHING THE HEARING. WE'LL BRING IN ABOUT 48 MORE SPEAKERS. >>MARTIN SHELBY: BEFORE YOU GO TO RECESS, IF YOU DO HAVE A NUMBER STILL IN YOUR POSSESSION, PLEASE PUT IT IN THE BASKET AT THE LECTERN. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. WE'RE IN RECESS FOR 15 MINUTES. [ SOUNDING GAVEL ] [RECESS] >>GUIDO MANISCALCO: I WOULD LIKE TO CALL THE TAMPA CITY COUNCIL BACK TO ORDER. ROLL CALL, PLEASE. >>BILL CARLSON: HERE. >>LYNN HURTAK: HERE. >>ALAN CLENDENIN: HERE. >>GWEN HENDERSON: PRESENT. >> VIERA? MIRANDA? >>CHARLIE MIRANDA: HERE. >>GUIDO MANISCALCO: HERE. >>THE CLERK: WE HAVE A PHYSICAL QUORUM. >>GUIDO MANISCALCO: FROM MY UNDERSTANDING, EVERYONE WHO IS GOING TO SPEAK IS IN THIS ROOM. WE SHOULDN'T HAVE TO TAKE ANY MORE RECESSES. IF YOU ARE NOT SWORN IN AND PLAN TO SPEAK THIS EVENING, PLEASE STAND AND RAISE YOUR RIGHT HAND AND WE'LL SWEAR YOU IN. IF YOU PLAN TO SPEAK, PLEASE STAND AND RAISE YOUR RIGHT HAND. [OATH ADMINISTERED] >>GUIDO MANISCALCO: MR. SHELBY. >>MARTIN SHELBY: MARTIN SHELBY, CITY COUNCIL ATTORNEY. IF YOU DO HAVE A SPEAKER WAIVER FORM, PLEASE DO BRING IT UP AND HAND IT TO ME AND I WILL CALL THE NAMES OF THE PEOPLE ON THE LIST. THEY HAVE TO BE IN THE ROOM. IF YOU WILL ACKNOWLEDGE WHEN I CALL YOUR NAME, THAT WAY YOU WILL GIVE UP YOUR THREE MINUTES AND GIVE AN EXTRA MINUTE TO THE SPEAKER. ALSO, IF YOU HAVE A NUMBER THAT YOU RECEIVED IN ORDER TO SPEAK, THERE IS A BASKET UP AT THE LECTERN, PLEASE PLACE THAT IN THE BASKET WHEN YOU GET UP THERE. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. OUR FIRST SPEAKER IS DAVID RICE FOLLOWED BY ANDREAS CORN WORSTLE AND JOEL SIMON. DAVID RICE. PLEASE COME UP. YOU HAVE A SPEAKER WAIVER FORM, I BELIEVE. PLEASE HAND IT TO THE ATTORNEY. >>MARTIN SHELBY: ONE NAME. ANASTASIA. ONE ADDITIONAL MINUTE FOR A TOTAL OF FOUR. THANK YOU. >> THANK YOU ALL FOR BEING HERE TONIGHT. IT DOESN'T GO UNNOTICED HOW MUCH TIME YOU PUT INTO ALL THIS. IT'S GREATLY APPRECIATED. MY NAME IS DAVID RICE. I AM A RESIDENT OF ALTURA. >>GUIDO MANISCALCO: GO AHEAD. >> THANK YOU. TO HALT THE DECLINE OF AN ECOSYSTEM, IT'S NECESSARY FOR US TO THINK LIKE AN ECOSYSTEM. ICONIC BAYSHORE BOULEVARD, LIKE OUR NEIGHBORHOOD IS AN ECOSYSTEM, THE GREATER TAMPA BAY AREA IS AN ECOSYSTEM, WHICH THOSE THAT DEVELOPED IT UNDERSTOOD WHEN THEY BUILT A COMPREHENSIVE PLAN FOR TAMPA. IT'S WHY THEY CREATED IT. IT'S WHY IT EXISTS. AND IT'S WHY IT PRIORITIZES SEVERAL THINGS. FIRST OF WHICH THE PRESERVATION OF HISTORICAL RESOURCES IN PLACES LIKE THE TAMPA GARDEN CLUB. IT'S THE MAINTAINING OF OUR CITY'S CHARACTER. WE HEARD A LOT OF PEOPLE SPEAKING TODAY ABOUT COMINGLING RESIDENCES OF SINGLE-FAMILY HOMES AND TOWN HOUSES AND CONDO LIVING. IT'S WHY WHEN IT COMES TO GROWTH IT PRIORITIZES SUSTAINABLE GROWTH, NOT GROWTH JUST FOR THE SAKE OF GROWTH. NOT GROWTH FOR THE SAKE OF DOLLARS AND CENTS AT THE EXPENSE AND COMPROMISE OF THE OTHER TENANTS. SO EIGHT YEARS AGO, MY MUCH BETTER HALF, ANASTASIA AND I MOVED TO DOWNTOWN ST. PETE. AND FOR THE FIRST SEVERAL YEARS WE LIVED THERE, WE ABSOLUTELY LOVED IT. IT WAS AN INCREDIBLE PLACE TO BE. BUT AT SOME POINT IN THAT THREE YEARS COMPROMISE CAME TO THE ECOSYSTEM AND BUILDING EN MASSE HAPPENED AND IT ENTIRELY CHANGED THE LANDSCAPE OF DOWNTOWN ST. PETE. I'LL TELL YOU WE WENT ON TO RESEARCH TAMPA AND TAMPA'S PLAN BEFORE WE CAME TO MOVE HERE, AND I WOULD CHALLENGE ALL OF YOU, IF YOU HAVEN'T BEEN TO DOWNTOWN ST. PETE IN THE RECENT PAST TO MAKE A TRIP. GET OUT OF YOUR CAR. IF YOU'VE GOT KIDS, BRING YOUR KIDS, WALK THEM AROUND AND ASK THE RESIDENTS TO STILL REMAIN THERE IF THEY ARE AS HAPPY TODAY AS THEY WERE FIVE YEARS AGO, SIX YEARS AGO, SEVEN YEARS AGO. I PROMISE YOU ON YOUR WAY BACK OVER ANY ONE OF THE BRIDGES TO GET BACK TO TAMPA WHAT YOU'LL FIND IS YOU'LL HAVE A WHOLE LOT MORE GRATITUDE FOR WHERE WE ALL RESIDE HERE BECAUSE OF THE PLAN WE BUILT, BECAUSE OF THE ECOSYSTEM THAT WE PRESENTLY HAVE. WHEN WE COMPROMISE THAT ECOSYSTEM, WHEN WE DEVELOP WHERE THIS PROPOSAL BEGS US TO GO TO BE DEVELOPED, TAKING R 35 PROPERTY AND TURNING IT INTO SOMETHING IT WAS NEVER INTENDED TO BE, THERE'S NO GOING BACK. THERE'S NO UNDOING THAT BUILD. THERE'S NO CHANGING THE LANDSCAPE THAT WE HAVE CHOSEN TO CREATE. SO IF YOU FAST-FORWARD TO ANASTASIA AND I COMING HERE AND OUR LOVE OF TAMPA AND LOOKING AT SOMETHING THAT'S BEING PROPOSED, EVERY CHANGE WE POTENTIALLY MAKE BRINGS RISK AND THAT RISK IS SIGNIFICANT, ESPECIALLY FOR A HIGH-RISE OF THIS NATURE AND SCALE WITHOUT REITERATING EVERYTHING EVERYBODY HAS SPOKEN ABOUT EARLIER. IT'S GOING TO DAMAGE OUR ECOSYSTEM. SO I REALLY WON'T REHASH WHAT EVERYBODY SAID. YOU HEARD THEM. I KNOW YOUR TIME IS VERY VALUABLE. I GUESS WHAT I'M ASKING IN THE WORDS OF SEVERAL OF THE PROPONENTS FOR THIS PROCESS EARLIER SPOKE, TO NOT LOOK AT THIS IN A VACUUM. TO NOT LOOK AT THIS AS A SINGLE BUILDING. IT'S A PART OF A COMMUNITY. PART OF AN ECOSYSTEM. I LOVE, LOVE THE T-SHIRTS THAT SO MANY ARE WEARING TONIGHT. I LOVE THAT MESSAGE, PRESERVING, HONORING THE PAST BY PRESERVING THE FUTURE. THAT HOLDS TRUE FOR ALL OF US AS A COMMUNITY AND AN ECOSYSTEM, NOT ONE GROUP. THANK YOU FOR YOUR TIME. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. NEXT UP IS ANDREAS CORNWRRSELL. IF YOU HAVE A NUMBER, PLEASE DROP IT IN THE BASKET. PLEASE STATE YOUR NAME. >> GOOD EVENING. MY NAME IS ANDREAS. I AM THE RABBI OF CONGREGATION RODEPH SHALOM. LET ME START -- HOW GREAT AND GOOD IT IS FOR BROTHERS AND SISTERS TO BE TOGETHER EVEN WHEN WE DON'T AGREE ON EVERYTHING. I'M HERE TO EXPRESS OUR CONGREGATION'S STRONG SUPPORT FOR THE PROPOSED PROJECT ON OUR PROPERTY. THIS PROJECT IS NOT JUST ABOUT A BUILDING. IT'S ABOUT ENSURING THE FUTURE OF OUR SYNAGOGUE, A CORNERSTONE OF OUR COMMUNITY FOR DECADES. THE REVENUE IT WILL GENERATE IS ESSENTIAL TO SUSTAIN OUR PROGRAMS, SUPPORT OUR FACILITY AND CONTINUE PROVIDING A SPACE WHERE PEOPLE OF ALL AGES COME TOGETHER TO CELEBRATE, TO LEARN, AND FIND SPIRITUAL CONNECTION. VITAL ROLE IN THE COMMUNITY NOT JUST FOR OUR MEMBERS BUT FOR THE CITY AS A WHOLE. WE HOST FOOD DRIVES, INTERFAITH PROGRAMS, AND EDUCATIONAL EVENTS. WE ARE A PLACE WHERE PEOPLE, LIFE'S MOST IMPORTANT MILESTONES WEDDINGS BAR MITZVAH, AND MOMENTS OF COMFORT IN TIMES OF LOSS. THIS PROJECT HAS BEEN CAREFULLY PLANNED TO BLEND SEAMLESSLY INTO THE NEIGHBORHOOD. IT'S A SOLUTION THAT ALLOWS US TO CONTINUE SERVING OUR COMMUNITY WHILE RESPECTING THE SHARED VALUES OF THIS CITY. YOUR SUPPORT ENSURES NOT JUST THE SURVIVAL OF OUR SYNAGOGUE, BUT ALSO THE THRIVING OF A SPACE THAT EMBODIES THE FREEDOM OF RELIGION AND COMMUNITY SPIRIT WE ALL CHERISH. THANK YOU VERY MUCH FOR YOUR CONSIDERATION. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. JOEL SIMON. BETTER TRAM BAKER, PAMELA CARPENTER. JOEL SIMON IS NEXT. HELLO SIR. PLEASE STATE YOUR NAME. >> I'M RABBI JOEL SIMON. I AM THE SENIOR RABBI OF CONGREGATION CHARIOT SEDAK, 130-YEAR-OLD CONGREGATION WITH ALMOST 1300 FAMILY MEMBERS. EVERY OTHER TIME I'VE BEEN SPEAKING HERE, IT'S BEEN GIVING THE INVOCATION WHERE I DIDN'T HAVE TO WAIT AS LONG TO SPEAK. BUT I WANT TO THANK YOU ALL FOR GIVING ME THIS OPPORTUNITY TO SPEAK TONIGHT IN SUPPORT OF CONGREGATION RODEPH SHALOM AND THEIR PROPOSED PROJECT. RODEPH SHALOM IS OUR YOUNGER SISTER CONGREGATION IN A WAY. I THINK THAT WE AT 130 ARE NINE YEARS OLDER, BUT RODEPH SHALOM WAS FOUNDED BECAUSE EVEN 121 YEARS AGO, IT WAS IMPORTANT THAT THERE BE BOTH A REFORM AND CONSERVATIVE SYNAGOGUE IN OUR SOUTH TAMPA COMMUNITY. AND 121 YEARS LATER, THAT NEED HAS ONLY GROWN. SO I'M HERE TONIGHT ON BEHALF OF OUR CONGREGATION'S LEADERSHIP TO SHARE HOW VITAL WE BELIEVE IT IS THAT RODEPH SHALOM REMAIN A STRONG JEWISH PRESENCE IN SOUTH TAMPA AT THE BAYSHORE LOCATION ON WHICH THEY HAVE RESIDED FOR ALMOST SIX YEARS. IT'S A PRESENCE THAT IS IMPORTANT TO TAMPA'S ENTIRE JEWISH COMMUNITY, AND WE HOPE THAT CITY COUNCIL WILL APPROVE THIS PLAN THAT WILL ALLOW RODEPH SHALOM TO DO SO FOR GENERATIONS TO COME. THANK YOU. >>GUIDO MANISCALCO: THANK YOU, RABBI. BERTRAM BAKER. GOOD EVENING, SIR. PLEASE STATE YOUR NAME. >> BERTRAM BAKER. I'M IN A UNIQUE SITUATION IN THAT I REPRESENT BOTH THE CONGREGATION AND I ALSO LIVE IN THE APARTMENT BUILDING ACROSS THE ROAD. FIRST OF ALL, I MUST COMMEND THE COUNCIL FOR SITTING HERE DAY AFTER DAY, NIGHT AFTER NIGHT AND LISTEN TO ALL OF THESE ARGUMENTS, SO MANY OF THEM THAT YOU'VE HEARD TIME AND TIME AGAIN. I ONLY SAT HERE FOR TEN HOURS THE FIRST TIME AND I'VE HEARD THEM ALL. THERE'S NOTHING THAT YOU'RE GOING TO HEAR TONIGHT THAT YOU HAVEN'T HEARD BEFORE AS PART OF THE ARGUMENT. ONE THING I NEED TO TELL YOU, SOME THREE AND A HALF YEARS AGO WHEN THE BOARD GOT TOGETHER AND REALIZED THE SITUATION THAT THE CONGREGATION WAS IN, WORD GOT OUT AND THE AMOUNT OF MONEY THAT WAS BEING OFFERED FOR THAT PROPERTY, IT WOULD HAVE BEEN THE EASIEST THING IN THE WORLD FOR THE CONGREGATION TO TAKE THAT MONEY AND RUN AND SOLVE ALL OF YOUR PROBLEMS, PETTY AS THEY ARE. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. PAMELA CARPENTER. VANCE SMITH. DENNIS LEVINE. YES, MA'AM, PLEASE STATE YOUR NAME. >> PAMELA CARPENTER. AND I HAVE COPIES. MAKE SURE YOU START IT FROM THE TOP. MR. SHELBY. YES MA'AM. PLEASE STATE YOUR NAME. >> PAMELA CARPENTER. ESSENCE OF THE TIME AS OTHER SPEAKERS HAVE SAID, I'LL ELIMINATE A COUPLE OF SLIDES, BUT I MADE COPIES FOR YOU ALL BECAUSE IT IS REDUNDANT INFORMATION. I'VE BEEN A RESIDENT 24 YEARS IN CROWDER MANOR WHICH IS RIGHT DOWN THE STREET. THIS IS THE THIRD TIME THAT I'VE MADE A PRESENTATION. NEW INFORMATION. YES, WE HAD SOME STORMS AND, YES, THE STREETS DID FLOOD. THAT WAS ALWAYS A QUESTION. WE KNEW WE WERE IN A FLOOD ZONE BUT WAS IT REALLY GOING TO FLOOD AND IT DID. THERE'S A LOT OF DISCUSSION ABOUT LOOKING TOWARDS BAY TO BAY. WHEN YOU TURN AROUND, YOU SEE THE HISTORIC HOMES. THE ONE THAT I HAVE A PICTURE OF ON THE RIGHT IS 104 YEARS OLD. LOST ALL ITS TREES IN THE LAST STORM. THERE'S GOING TO BE SOME SPEAKERS FOLLOWING ME FROM THE PRESBYTERIAN TOWER THAT WILL ALSO SPEAK THEIR OWN STORY ABOUT WALKABILITY. ONE OF THE CONCERNS THAT WE'VE HAD IS THAT THE CONSTRUCTION ZONE COULD ELIMINATE THE ABILITY TO EVEN WALK ON YSABELLA SAFELY. I'LL ADDRESS TRAFFIC IN A MINUTE. JAKE GAVE A PRESENTATION EARLIER ABOUT AN ADDITIONAL SIDEWALK THAT WAS NOT PART OF THE DISCUSSION. AS I UNDERSTAND IT, COUNCIL CAN MAKE SOME ADDITIONS TO THAT IF THEY SO CHOOSE. SO A SIDEWALK WOULD BE APPRECIATED IN AN AREA THAT DOESN'T HAVE ONE RIGHT NOW. A NEW NUMBER. I REALIZE THAT WE'RE ONLY TALKING ABOUT THIS ONE PARCEL, BUT OVER THE YEARS, STARTING FROM THE DEVELOPMENT OF BAY OAKS AND THE RITZ, I STARTED KEEPING TRACK OF THE TOWERS AND THE NUMBER OF ADDITIONAL RESIDENCES. THE NUMBER IS NOW 204. OCCUPANCY ALTURA HAS HAPPENED SINCE WE WERE HERE LAST TIME AND EVEN SOME OF THE RITZ PROPERTY. THERE WILL BE 204 ADDITIONAL RESIDENCES IF YOU JUST GO FROM SANTIAGO TO RUBIDEAUX. THERE'S NEVER BEEN A MOBILITY STUDY, NOT EVEN A TRAFFIC STUDY. MY REQUEST TO COUNCIL IS THAT YOU LOOK AT THE NEIGHBORHOOD AND REALIZE THAT 204 RESIDENCES IS GOING TO BE I DON'T KNOW HOW MANY MORE VEHICLES. THAT'S NOT EVEN TALKING ABOUT THE ONES THAT CUT THROUGH THE NEIGHBORHOOD ALL THE TIME. WE REALLY DO NEED TO HAVE A MOBILITY STUDY. I DIDN'T PLAN THIS BUT A WEEK AGO FRIDAY, BAD ACCIDENT RIGHT AT BAY TO BAY AND YSABELLA. THREE TIMES I PUT IN SERVICE REQUESTS TO HAVE A NO LEFT TURN OR AT LEAST DON'T BLOCK THE INTERSECTION. I THINK IT'S OVERDUE AND I HOPE THAT WILL HAPPEN. THE LAST THING I'D LIKE TO MENTION IS THAT, YES, THERE WOULD HAVE TO BE A TRANSPORTATION STUDY IN ORDER TO BE ABLE TO PUT IN CROSSWALKS AND SIDEWALKS. I'M HOPING THAT YOU WOULD APPROVE THAT. IN CONCLUSION, DEFINITELY WOULD LIKE TO SEE BOTH THE GARDEN CLUB AND SYNAGOGUE STAY AND WOULD LIKE TO SEE A MOBILITY STUDY OF OUR NEIGHBORHOOD AS SOON AS POSSIBLE. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MA'AM. VANCE SMITH. DENNIS LEVINE. MIKE MECKLEY. ALL THREE HAVE SPEAKER WAIVER FORMS. MR. SMITH, IF YOU WOULD GIVE YOUR SPEAKER WAIVER FORM TO THE ATTORNEY AND HE'LL READ THE NAMES. >>MARTIN SHELBY: TWO NAMES. CARLA WASH. CAROL GOI GIKEN. TOTAL OF FIVE MINUTES. >> MR. CHAIRMAN, MEMBERS OF THE CITY COUNCIL, MY NAME IS VANCE SMITH. I LIVE AT 3501 BAYSHORE BOULEVARD HERE IN TAMPA. I'M A TAMPA NATIVE. I'VE ENJOYED BAYSHORE FOR MY ENTIRE LIFE. IT IS THE ONE LAST SPOT WHERE THE PUBLIC CAN UTILIZE BAYSHORE WITHOUT IMPEDING THE PRIVACY RIGHTS OF OTHER RESIDENTS ON BAYSHORE. THIS PROJECT, UNFORTUNATELY, WAS ILL-CONCEIVED FROM THE MOMENT IT FIRST AROSE. THE NEED TO CHANGE THE FUTURE LAND USE OF A TAMPA COMPREHENSIVE PLAN WAS IMMEDIATELY RECOGNIZED AND THE PROJECT WAS SUBMITTED TO THE PLANNING COMMISSION AND REJECTED SOUNDLY. IT WAS THEN REVISED TO MEET THE FLORIDA LAND USE PLAN R-35 AND REJECTED SOUNDLY TWICE BY THIS COMMISSION BECAUSE OF ITS IMPROPER COMPATIBILITY WITH THE SURROUNDING NEIGHBORHOOD. TODAY, WE HAVE AN ITERATION WHICH IS ESSENTIALLY AND SUBSTANTIALLY THE SAME AS THE VERY FIRST OPPORTUNITY FOR THIS PROJECT. THIS IS THE FIRST ITERATION, AND YOU CAN SEE THE MAIN BUILDING IS HERE. OFF TO THE RIGHT IS THE SYNAGOGUE PROPERTY. AND TODAY WE'RE LOOKING AT ESSENTIALLY AND SUBSTANTIALLY THE EXACT SAME PROJECT. UNFORTUNATELY, THE VISIONS THAT WERE DONE BY THE APPLICANT, RELATED AND THE CONGREGATION, ARE SEVERAL HUNDRED FEET UP IN THE AIR. THE REVISIONS THAT WERE MADE WERE THE PUBLIC AND THE RESIDENTS OF THE COMMUNITY ARE IMPACTED ARE AT THE GROUND LEVEL, AND THEY ARE SOMEWHAT NO DIFFERENT. SOMEONE EARLIER TODAY MENTIONED LIPSTICK ON A PIG AND THAT IS VERY ANALOGOUS TO WHAT WAS DONE HERE. A FEW TREES WERE ADDED, A COUPLE OF SIDEWALKS REMOVED OR INCREASED, BUT THERE WAS NOTHING DONE TO CHANGE THE SIZE OF THIS BUILDING. THE BOTTOM LINE OF THIS IS THAT THE SIZE, THE SCALE, THE HEIGHT, AND THE MASSING OF THE FIRST SEVERAL STORIES ARE GOING TO IMPACT THE RESIDENTS AND THE PUBLIC'S USE OF THE ONLY GREENSPACE LEFT ON BAYSHORE. THE R 35 DESIGNATION SUGGESTS 8 STORIES AS THE IDEAL MAXIMUM HEIGHT. PERHAPS IT'S NOT MANDATORY, BUT FOR CERTAIN, IT IS NOT AN ENTITLEMENT THAT ANY DEVELOPER CAN COME ALONG AND SAY, WELL, IT'S R 35, WE CAN BUILD 8 STORIES BUT WE CAN BUILD WHATEVER ELSE WE WANT BECAUSE IT DOESN'T SAY YOU CAN'T. THAT'S JUST NOT THE WAY TO LOOK AT A RECOMMENDED PROPOSAL, RECOMMENDED ACTIVITY BY THE PLANNING COMMISSION WHO SPENT A GREAT DEAL OF TIME DEVELOPING PARCELS OF LAND. THIS PROJECT DOES NOT PROMOTE THE EFFICIENT USE THAT THE COMPREHENSIVE PLAN PROJECTED. THE ENVIRONMENT IS DIFFERENT. THE GEOGRAPHY IS DIFFERENT. AND THE USE THAT IS BEING MADE OF THIS PROPERTY IS DIFFERENT THAN ANY OTHER RS SITUATION. MOVING ALONG, THE COMP PLAN AND THE VISION MAP SAY SOUTH TAMPA SHOULD NOT BE DISTURBED FROM ITS CURRENT USE. IT IS A LEVEL ONE. IT'S DEVELOPED AND IT'S IN ITS FINAL STAGES OF ENJOYMENT. THERE'S NO SIGNIFICANT CHANGES IN THE ESTABLISHMENT AND GREENSPACE, PUBLIC USE ON BAYSHORE. IT SHOULD REMAIN THE SAME. NOW, THE APPLICANT HAS REDUCED AND PRESENTED TO YOU A 38 UNIT BUILDING AND 16 STORIES. WE'VE DISCUSSED THE 16 STORIES AS BEING OUT OF CHARACTER. 38 UNITS ALSO VIOLATES THE TAMPA COMPREHENSIVE PLAN BECAUSE THERE SHOULD BE NO INCREASE IN DENSITY ALONG THE COASTAL HIGH HAZARD MARK. THIS PROJECT IS IN THE COASTAL HIGH HAZARD AREA AND IT'S 100% INCREASE IN DENSITY BECAUSE THERE IS NO DENSITY AT THE SCHOOL LEVEL. THERE ARE NO RESIDENTS. BUT PUT 38 NEW FAMILIES. LASTLY, I THINK THIS IS AN ATTEMPT TO INVITE THE CITY COUNCIL TO TAKE OVER THE PLANNING COMMISSION'S RECOMMENDATIONS AND TO -- THOSE RECOMMENDATIONS IN FAVOR OF CREATING SOME OTHER RS CLASSIFICATION FOR THIS PROPERTY ALONE. YOU SHOULD DENY THAT INVITATION. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. DENNIS LEVINE. MIKE MECKLEY. ADRIENNE VAN HEIST. MR. LEVINE, YOU HAVE A SPEAKER WAIVER FORM AND THE ATTORNEY WILL READ THE NAMES. >>MARTIN SHELBY: THANK YOU. >>GUIDO MANISCALCO: THEY ARE SINGLE COPIES. >>MARTIN SHELBY: NOT NINE COPIES, BUT NINE LETTERS. FRANCINE LEVINE. L. MEYERS. GOLDENBERG HERE? >> NO. >>MARTIN SHELBY: AND HIME GOLDENBERG. >> NO. >>MARTIN SHELBY: SALLY D.? THANK YOU. STUART DONNER. ONE, TWO, THREE, FOUR NAMES FOR A HOTEL OF SEVEN MINUTES. >> THANK YOU. GOOD EVENING, LADIES AND GENTLEMEN OF THE CITY COUNCIL. I GREW UP IN SOUTH TAMPA. I'M A LIFELONG MEMBER OF CONGREGATION RODEPH SHALOM. I REMEMBER AS A KID THERE WERE ONLY THREE GASPARILLA KREWES. AT THE PARADE WE SCRAMBLED TO PICK UP SHELLS FROM PIRATE BLANK GUNS. NOBODY THREW BEADS AND NO CONDOS ON BAYSHORE. THAT WAS 1965. BUT NOW IT IS 2025, 60 YEARS LATER, WOW, TAMPA IS A COMPLETELY DIFFERENT PLACE. THAT IS A GREAT THING FOR ALL OF US. TAMPA HAS GROWN INCREDIBLY AND THAT GROWTH WILL NOT STOP BECAUSE THE SECRET IS OUT. TAMPA IS THE GREATEST PLACE IN THE WORLD. THAT'S WHAT I TELL PEOPLE. HOW DOES THE CITY MANAGE THAT GROWTH? THERE ARE ALWAYS COMPLAINTS AND NOBODY LIKES THE INCREASE IN TRAFFIC, OVERALL I BELIEVE THE CITY HAS DONE A GOOD JOB. NOW THE CITY FACES A CHOICE REGARDING THE RODEPH SHALOM PROPERTY ON BAYSHORE. WE BELIEVE THE PROJECT NOW BEFORE CITY COUNCIL IS MEASURED AND REASONABLE USE OF THE PROPERTY. AS CLENDENIN WARNED AT THE LAST HEARING, OPPONENTS OF THE PROJECT MAY RUE THE DAY IF IT IS TURNED DOWN BY THE CITY COUNCIL BECAUSE I CAN PROMISE YOU IF TAMPA'S HISTORY IS ANY INDICATION, THE SYNAGOGUE IS FORCED TO SELL THE PROPERTY, ALL THE PROPERTY, A MUCH LARGER PROJECT ON THIS PROPERTY WILL BE APPROVED BY A MORE DEVELOPMENT FRIENDLY CITY COUNCIL. THE OPPONENTS OF THE PROJECT PRESENT ONLY CONJECTURE REGARDING ANY NEGATIVE IMPACT ON THEIR PROPERTY BUT LET'S LOOK AT THE FACTS. PRESBYTERIAN TOWERS, VERY TALL, RIGHT ACROSS THE STREET. TWO VERY LARGE CONDOMINIUM BUILDINGS ARE LOCATED JUST NORTH OF THE GARDEN CLUB, INCLUDING ONE, THE SANCTUARY BUILT IN THE LAST TWO YEARS ALMOST NEXT TO THE GARDEN CLUB. THESE TWO ADJACENT PROPERTIES HAVE NOT BROUGHT THE DIRE IMPACTS IN THE AREA THAT THE OPPONENTS RAISE NOW. ALSO, THE GARDEN CLUB IS A VERY LARGE PROPERTY WITH A LOT OF TREES. THERE ALREADY IS A SIGNIFICANT BUFFER BETWEEN THEIR PROPERTY AND RODEPH SHALOM. OF COURSE, FRED BALL PARK ON THE OTHER SIDE OF THE GARDEN CLUB. THIS IS A PICTURE I TOOK TODAY LOOKING AT THE GARDEN CLUB AND THE TWO CONDOMINIUM BUILDINGS I MENTIONED JUST TO THE NORTH AND ALL THE TREES. THIS IS A PICTURE FROM THE FRONT OF THE GARDEN CLUB LOOKING TOWARD BAY TO BAY. YOU CAN SEE I THINK THERE'S FIVE OR SIX CONDOMINIUM BUILDINGS. FINALLY, WHAT I'M GOING TO TELL THE CITY COUNCIL IS FORGET WHAT YOU HEAR, TRUST WHAT YOU SEE. AND WHAT I SEE WHEN I WALK OUT ON BAYSHORE IS THIS. THIS IS TAMPA. THIS IS THE NEW TAMPA. THIS IS WHAT TAMPA IS. I APPRECIATE THE FACT THAT PEOPLE DON'T WANT TAMPA TO CHANGE. I LIKED EATING AT THE COLONNADE AS I'M SURE ALL OF YOU DID, BUT THAT WAS THEN. NOW, I STEPPED IT OFF TODAY. I WENT OVER TO THE PROPERTIES. IT'S 80 STEPS FROM THE GARDEN CLUB BUILDING GOING ACROSS FRED BALL PARK TO THE SANCTUARY CONDOMINIUM. 80 STEPS. IT'S 60 STEPS FROM THE GARDEN CLUB BUILDING TO THE RODEPH SHALOM PARKING PROPERTY LINE. WOULD NOT INCLUDE BUFFERS BECAUSE THEY ARE NOT GOING TO BUILD NEXT TO THE PROPERTY LINE. ONE OTHER THING THAT NO ONE HAS MENTIONED IS THAT PART OF THIS PROJECT IS THAT THE PRESCHOOL IS AT THE SYNAGOGUE IS GOING TO BE TORN DOWN. THAT'S REGRETTABLE BUT IT'S ALSO GOING TO REDUCE SIGNIFICANTLY THE AMOUNT OF TRAFFIC THAT'S IN THIS NEIGHBORHOOD AND NO ONE HAS MENTIONED THAT. I WAS SCOFFED AT LAST TIME I SAID THIS BEFORE CITY COUNCIL BUT I'LL SAY IT AGAIN. NOBODY ACTUALLY LIVES AT THE GARDEN CLUB. THE GARDEN CLUB IS A CLUB. THERE'S NO RESIDENCE THERE. IT'S NOT LIKE YOU ARE THE NEXT-DOOR NEIGHBOR AND THIS IS GOING TO ADVERSELY AFFECT YOUR HOME. THAT'S NOT WHAT WE HAVE HERE. AND THAT'S IMPORTANT. NOW, THE ALTURA CONDOMINIUM OPPOSING THIS PROJECT, IT'S REALLY KIND OF IRONIC THAT THEY ARE HERE. THEY BUILT THIS GIANT BUILDING. THEY MESSED UP THE TRAFFIC AT BAY TO BAY AND YSABELLA AND NOW THEY ARE SAYING WE DON'T WANT MORE CONDOMINIUMS BECAUSE WE DON'T WANT WORSE TRAFFIC. THE REALITY IS THEY DON'T WANT ANYTHING TO BLOCK THEIR VIEW. THAT'S THE REALITY. HERE ARE FACTS THAT I BELIEVE REPRESENT EVIDENCE TO SUPPORT THE APPROVAL OF THIS PROJECT. FIRST, THE CITY STAFF HAS REVIEWED THE PROJECT AND SUPPORTS THE PROJECT. SECOND, IT'S CONSISTENT WITH THE EXISTING ZONING OF THE PROPERTY. THIRD, THE PROJECT WILL SUBSTANTIALLY INCREASE THE CITY'S TAX BASE. FOURTH, MOST IMPORTANT, I THINK, THE PROJECT IS CONSISTENT WITH WHAT IS HAPPENING ON BAYSHORE. THE CHARACTER OF THE SURROUNDING PROPERTIES IS NOT SINGLE-FAMILY HOMES. IT'S NOT. BELIEVE WHAT YOUR EYES TELL YOU. ALL THE ADJOINING NEARBY PROPERTIES ARE EITHER CONDOMINIUMS OR TOWN HOUSES. MAYBE THERE'S ONE OR TWO SINGLE-FAMILY HOMES BUT THAT'S NOT WHAT THIS NEIGHBORHOOD IS. IT'S NOT WHAT IT'S GOING TO BE. THERE ARE NOW I BELIEVE EIGHT COMMITMENTS WITHIN A QUARTER MILE OF THIS PROPERTY. SOMEBODY EARLIER MENTIONED ABOUT ACCEPTING REALITY. THE REALITY IS WHAT YOU SEE. THIS PARCEL IS SURROUNDED BY CONDOMINIUMS. TAMPA IS MOVING FORWARD IN THE 21st CENTURY. THIS PROJECT IS A MEASURED DEVELOPMENT THAT'S CONSISTENT WITH THE SURROUNDING AREA. TRUST WHAT YOUR EYES TELL YOU. THERE'S SIGNIFICANT BUFFERING BETWEEN THE GARDEN CLUB AND RODEPH SHALOM. THIS IS TAMPA'S FUTURE. BASED ON THESE FACTS, I STRONGLY URGE YOU TO VOTE YES ON THIS PROJECT. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. OUR NEXT SPEAKER IS MIKE MECKLEY FOLLOWED BY ADRIENNE VAN HEIST AND SIDEL VOGEL. MIKE MECKLEY HAS A SPEAKER WAIVER FORM. PLEASE GIVE IT TO THE ATTORNEY AND HE WILL READ OFF THE NAMES. >>MARTIN SHELBY: THANK YOU. THREE NAMES. KATHY PROVADO. ALTURA. CHARLOTTE HILLEN. TOTAL OF SIX MINUTES PLEASE. >>GUIDO MANISCALCO: GO AHEAD, SIR. >> MICHAEL MECKLEY. MY HOUSE WHICH I LIVED AT FOR 36 YEARS IS A SHORT WALK TO BAYSHORE BOULEVARD. GOOD EVENING, COUNCIL MEMBERS. I WILL APOLOGIZE IN ADVANCE FOR REPEATING THINGS I'VE SAID DURING THE PREVIOUS TWO HEARINGS. BUT THE FACT IS THE THINGS I WILL REPEAT ARE EQUALLY APPLICABLE TO THE REVISED PROPOSAL. ONE QUICK WORD, THE WORD PRECEDENT HAS BEEN THROWN AROUND A LOT. IF I FORGOT TO BUY MY WIFE SOMETHING FOR VALENTINE'S DAY, I COULD SET A PRECEDENT. BUT I THINK WE'D ALL AGREE THAT WOULDN'T NECESSARILY MEAN IT IS A GOOD OR PROPER THING. THIS APPLICATION INVOLVES A SIMPLE ISSUE. EVERYONE HAS TALKED ABOUT IT. THE HEIGHT AND SCALE OF THE PROPOSED BUILDING AND HOW IT COLLIDES WITH THE LAST LARGE CONTIGUOUS GREENSPACE LEFT ON BAYSHORE BOULEVARD. THIS POCKET IS UNIQUE AND SHOULD NOT BE LUMPED IN WITH THE OTHER SECTIONS OF BAYSHORE. WHEN EVALUATING THIS APPLICATION AND THE HEIGHT AND SCALE OF THE BUILDING, I WOULD ASK YOU TO CONSIDER THE FOLLOWING. WHEN REFERENCING BAYSHORE BOULEVARD, THE TAMPA COMPREHENSIVE PLAN INDICATES THE BALANCE OF PRIVATE DEVELOPMENT, THE PUBLIC REALM AND THE NATURAL ENVIRONMENT ALONG BAYSHORE BOULEVARD IS LIKE NO OTHER THROUGHOUT THE CITY. OBJECTIVE 20.4 REQUIRES THE CITY TO CONTINUE TO PRESERVE AND ENHANCE THE BALANCE OF THE NATURAL AND PHYSICAL ENVIRONMENTS ALONG BAYSHORE BOULEVARD. DON'T BE TRICKED INTO THINKING THIS REQUEST AND ITS COMPATIBILITY IS SIMILAR TO THE OTHER PRIOR APPLICATIONS ALONG BAYSHORE. IT IS NOT. OF ANYTHING ALONG BAYSHORE BOULEVARD THIS POCKET FROM BAY TO BAY ON THE SOUTH, FRED BALL PARK ON THE NORTH BETWEEN YSABELLA AND BAYSHORE BEST EMBODIES WHAT THE TAMPA COMPREHENSIVE PLAN TRIES TO ARTICULATE. I DON'T THINK ANYTHING BETTER REFLECTS THE HARMONIOUS BALANCE THE TAMPA COMPREHENSIVE PLAN CALLS FOR. EXPANSIVE GREENSPACE, LOW-RISE BUILDINGS, INCLUDING THE ICONIC SYNAGOGUE, THE ICONIC TAMPA GARDEN CLUB SURROUNDED BY AN OLD CITY NEIGHBORHOOD WITH LOW-RISE BUILDINGS AND, OF COURSE, FRED BALL PARK WITH ITS NATURAL SPRING ON THE NORTH SIDE. THE COMPREHENSIVE PLAN HAS NO DEFINITION OF SURROUNDING AREA OR NEIGHBORHOOD. SO THE APPLICANT USES A LARGE AREA WHILE THOSE IN OPPOSITION USE A NARROW LENS. MY POINT HERE IS SINCE THERE'S NO DEFINITION, COUNCIL HAS THE LATITUDE TO DETERMINE THIS DEFINITION ON A CASE-BY-CASE BASIS BASED ON THE FACTS AND CIRCUMSTANCES AT HAND. MOVING ON TO THE PROPOSED DEVELOPMENT, YES, THE BUILDING IS SHORTER. YOU'VE HEARD THIS FROM MANY, BUT NOWHERE CLOSE TO THE HEIGHT THAT SHOULD MATERIALLY CHANGE HOW THIS TOPIC IMPACTS YOUR ASSESSMENT. IN THE CONTEXT OF HEIGHT AND SCALE, THIS APPLICATION SHOULD BE VIEWED THE SAME AS THE PRIOR APPLICATIONS. THEY WANT YOU TO FOCUS ON THE OPTICS OF A SHORTER BUILDING WHEN YOU SHOULD ONCE AGAIN BE FOCUSED ON THE ENORMOUS SIZE AND SCALE RELATIVE TO THE R 35 ZONING, THE PARCEL SIZE AND THE SURROUNDING AREA. THE PROJECT IS SUBSTANTIALLY THE SAME AS THE LAST TIME WE WERE HERE IN FEBRUARY 2024 WHEN COUNCIL VOTED AGAINST THE APPLICATION 5-2. THE APPLICATION PRIOR TO THAT BACK IN MAY OF 2023, WHICH WAS DENIED 6-0. AS IT WAS WITH THE MAY 2023 AND FEBRUARY 2024 APPLICATION, THE REASON THE SCALE AND SIZE OF THE DEVELOPMENT IS SO -- IS NOT COMPLICATED. IT IS BECAUSE THE UNITS AVERAGE OVER 5,000 SQUARE FEET. WE DEFINITELY NEED MORE HOUSING IN TAMPA, BUT WE NEED WORKFORCE HOUSING. THIS ISN'T WHAT IS GOOD FOR TAMPA. IT'S WHAT IS GOOD FOR THE APPLICANT AND 38 PEOPLE. LET ME SAY THAT AGAIN, 38 PEOPLE. IT'S NOT ABOUT THE COMMUNITY. THE FINAL IMPORTANT POINT IS THE APPLICANT HAS CONTINUED TO IGNORE THE INPUT OF THE SURROUNDING NEIGHBORS IN THE COMMUNITY AS IT RELATES TO HEIGHT AND SCALE OF THE DEVELOPMENT. DON'T CONFUSE A REDUCTION OF HEIGHT BY THEM WITH THE SIZE AND SCALE BEING ACCEPTABLE TO THE NEIGHBORS AND THE COMMUNITY. THIS CONTINUES TO BE THE MOST SIGNIFICANT OBJECTION AS YOU HEARD TONIGHT OVER AND OVER. IT WAS TOTALLY DISMISSED IN THE NAME OF PROFIT. THE APPLICANT WANTS TO YOU BELIEVE THERE IS A PRODUCTIVE TWO-WAY DIALOGUE WITH THE SURROUNDING NEIGHBORS IN THE COMMUNITY REGARDING SIZE AND SCALE BUT THAT NEVER HAPPENED. THE BURDEN IS ON THE APPLICANT TO PROVIDE COMPETENT SUBSTANTIAL EVIDENCE THAT AMONG OTHER THINGS, THE PROPOSED DEVELOPMENT IS CONSISTENT WITH THE TAMPA COMPREHENSIVE PLAN, CONSISTENT WITH THE CITY CODE, COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD AND OVERALL SITE, DESIGN AND SCALE, PROVIDES AN APPROPRIATE TRANSITION IN THE SURROUNDING NEIGHBORHOOD, IS CONSISTENT IN CHARACTER WITH THE SURROUNDING NEIGHBORHOOD AND DOES NOT SUBSTANTIALLY INTERFERE WITH OR INJURE THE RIGHTS OF OTHERS. THE APPLICANT HAS ONCE AGAIN FAILED TO PROVIDE COMPETENT SUBSTANTIAL EVIDENCE RELATED TO ANY OF THESE ITEMS. I ALSO WANT TO POINT OUT THE MOTION YOU APPROVED 6-0 IN MAY OF 2023 AND THE MOTION YOU APPROVED 5-2 IN FEBRUARY OF 2024 INCLUDED SPECIFIC LANGUAGE RELATED TO ALL THE SAME ITEMS. THE MATERIAL FACTS TODAY ARE EXACTLY THE SAME. A REDUCTION IN HEIGHT TO 215 FEET AND SOME ADDITIONAL LANDSCAPING CHANGES NOTHING RELATIVE TO THESE CRITICALLY IMPORTANT ISSUES. LASTLY, AND THIS HAS BEEN BROUGHT UP BEFORE TOO. I WANT TO POINT OUT THE CITY STAFF FOUND THE MAY 2023 APPLICATION CONSISTENT WHEN YOU DENIED THE APPLICATION 6-0. THE CITY STAFF AGAIN IN FEBRUARY 2024 FOUND IT CONSISTENT WHEN YOU DENIED THE APPLICATION 5-2. SO TO GO AGAINST THE CITY STAFF AGAIN TODAY WOULD AGAIN YOU WOULD BE BEING CONSISTENT WITH BOTH YOUR MAY 2023 VOTE AS WELL AS YOUR FEBRUARY 2024 VOTE. PLEASE PRESERVE THE AREA AND REPRESENT THE ENTIRE COMMUNITY BY DENYING THIS APPLICATION. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. OUR NEXT SPEAKER IS ADRIENNE VAN HEIST VOGEL. MELODY ESSER. GOOD EVENING, SIR. PLEASE STATE YOUR NAME. >> MY NAME IS ADRIAN VAN HEIST. ESTEEMED CITY COUNCIL, I REPRESENT OVER 200 SENIOR RESIDENTS THAT LIVE AT THE BAYSHORE PRESBYTERIAN APARTMENTS DIRECTLY ACROSS THE STREET FROM THE LOCATION OF THE PROPOSED HIGH-RISE. OUR AGES RANGE FROM 62 TO 103 WITH THE MEDIAN AGE BEING BETWEEN 75 AND 80. NOW, I DON'T KNOW HOW MANY PEOPLE HERE ARE BETWEEN 75 AND 80, BUT I'M THERE, AND I LIVE AT THAT RESIDENCE. AND THIS IS A SPECIAL COMMUNITY. I WANT TO EMPHASIZE THAT THIS IS A SPECIAL COMMUNITY. WE HAVE CONDITIONS AND NEEDS THAT GO ALONG WITH OUR AGE THAT ARE DIFFERENT THAN MANY PEOPLE WITHIN OUR COMMUNITY. ONE OF THE PRIMARY NEEDS OF OUR COMMUNITY, OUR 200 RESIDENTS IS ACCESSIBILITY. WE NEED INGRESS. WE NEED EGRESS FROM JULY 1st, 2024, UNTIL JANUARY 16 OF THIS YEAR, THERE WERE 38 TAMPA FIRE AND RESCUE RESPONSES TO OUR BUILDING. THAT MEANS NOT JUST 38 FOR THAT PERIOD OF TIME, BUT MULTIPLY THAT BY ALL THE NUMBER OF YEARS IT TAKES TO DO THE CONSTRUCTION OF THIS BUILDING AND YOU'RE LOOKING AT OVER 200 EMERGENCY RESPONSES. THESE DO NOT INCLUDE SOME OF THE OTHER AMBULANCE RESPONSES THAT WE HAVE FROM TIME TO TIME. SO MORE THAN ONCE A WEEK WE HAVE AN EMERGENCY RESPONSE, YOU MIGHT SAY, TO OUR FACILITY. AND SO IT IS THAT I CAN TELL YOU THAT SPEED IS OF THE ESSENCE WHEN IT COMES TO HAVING EMERGENCY CARE. I AM THE SURVIVOR OF AN EMERGENCY RESPONSE BECAUSE I HAD A SEVERE STROKE. AND IF IT WASN'T FOR THE FACT OF EMERGENCY CARE BEING THERE VERY QUICKLY, I WOULD NOT BE HERE TALKING TO YOU TODAY. AND SO I'M ASKING YOU, CONSIDER THE NEEDS OF OUR 200 RESIDENTS. THEY ARE SPECIAL RESIDENTS. I HAVEN'T HEARD ANYBODY SAY THAT BEFORE TONIGHT. BUT THERE'S 200 PEOPLE THERE, AND THAT WILL BE 200 FOR AS LONG AS THE BUILDING WHERE I RESIDE WILL BE WILL HAVE SPECIAL NEEDS. WE DON'T NEED ANOTHER BUILDING THERE. WE NEED WALKABILITY. WE NEED GOOD, EASY ACCESS AND EGRESS. THANK YOU VERY MUCH. AND I HOPE YOU DO NOT APPROVE THIS REQUEST. THANK YOU. >>GUIDO MANISCALCO: SIDEL VOGEL. MELODY ESSER. MARK GESSNER. YES, MA'AM, PLEASE STATE YOUR NAME. GO AHEAD. >> MY NAME IS SIDEL VOGEL. I, TOO, LIVE AT THE BAYSHORE PRESBYTERIAN APARTMENTS, NOT TOWER. IT IS NOT A TOWER. WE HAVE PROBLEMS WALKING AROUND THAT AREA. THE CITY HAS TO FIX THE STREET. THEY PROMISE THEY ARE GOING TO DO THE POTHOLES. THEY RENEGE ON THAT OR THEY COME AROUND WHENEVER. WE HAVE A BIG PROBLEM. IF WE DON'T WATCH THE NEIGHBORHOOD AND WE DON'T TAKE CARE OF THE NEIGHBORHOOD, THEN WE'RE GOING TO HAVE A LOT OF DEAD PEOPLE, UNFORTUNATELY. I MADE THAT STATEMENT LAST YEAR AT THIS MEETING. AND IT IS THE TRUTH. WE HAVE LOST PEOPLE IN OUR BUILDING. NOT TOO MANY PEOPLE HAVE MENTIONED OUR BUILDING AT ALL. EVERYBODY IS A LAWYER AND EVERYBODY IS A PROFESSIONAL. I AM TOO. I'M A NURSE. I CARE FOR PEOPLE. I CARE FOR ALL MY PEOPLE IN MY BUILDING. BUT YOU HAVE TO REALIZE WHEN YOU STICK ANOTHER BUILDING IN THAT AREA, WE'RE GOING TO HAVE CARS SPEEDING OUT. THEY ARE NOT GOING TO WATCH OUR OLDER PEOPLE. THEY DON'T CARE ABOUT OLDER PEOPLE. THEY WANT TO GO WHERE THEY WANT TO GO. WE JUST HAD A PARADE. 300,000 OR ABOUT PEOPLE THAT WERE THERE. YOU SHOULD HAVE SEEN THE TRAFFIC. NOW, YOU BUILD ANOTHER BUILDING IN THAT AREA, I DON'T KNOW, LIKE I SAID, WE'RE GOING TO HAVE A LOT OF DEAD PEOPLE BECAUSE IT DOESN'T WARRANT THAT. TAMPA HAS GROWN, YES. I'VE BEEN HERE 60 YEARS. MY CHILDREN HAVE GROWN UP AND OUT, BUT THEY GOT MARRIED AT RODEPH SHALOM. THEY GOT BAR MITZVAHED AT RODEPH SHALOM. NEXT DOOR. EVERYTHING WAS FINE. NOW WE'RE TALKING ABOUT A BUILDING FOR THE FOURTH TIME. HOW MANY MORE TIMES ARE WE GOING TO COME BACK TO DOING THE SAME THING ALL OVER AGAIN? I REALLY DON'T APPRECIATE THAT AND NEITHER DO THE PEOPLE IN THE BUILDING. MOST OF THE PEOPLE DO NOT WANT THIS BUILDING. THANK YOU AND HAVE A GOOD EVENING. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. MELODY ESSER. MARK GESSNER, JOHN VANOWN. COME ON UP. YES, MA'AM, PLEASE STATE YOUR NAME. >> MELODY ESSER. I AM ANOTHER RESIDENT OF BAYSHORE PRESBYTERIAN APARTMENTS. AND WHEN I HEARD THAT THIS WAS COMING BACK FOR ANOTHER VOTE BEFORE THE CITY COUNCIL, IT SCARED ME A LOT CONSIDERING THE HURRICANE HELENE WE JUST HAD AND THE FLOODING AT THE SYNAGOGUE AS WELL AS ALL ALONG BAYSHORE. WHERE I LIVE IS A BLOCK OFF OF BAYSHORE. SO I'M RECESSED FROM THE WATER. BUT I WAS CONCERNED ABOUT THAT AND EVACUATING, WHICH I HAVE TO DO EVERY TIME THERE IS A HURRICANE BECAUSE WE'RE IN A FLOOD ZONE ONE. I GET EVACUATED EVERY TIME. YOU ADD BUILDINGS. YOU ADD PEOPLE. YOU ADD TRAFFIC. YOU ADD ACCIDENTS. YOU ADD TOO MANY THINGS GOING ON WHEN EMERGENCIES ARE HAPPENING AS THEY DO IN A HURRICANE OR A STORM, WHICH WE'RE HAVING MORE OF EVERY YEAR. I JUST ALSO WANTED TO SAY LAST FEBRUARY 28, I WAS SENT IN AN AMBULANCE TO THE HOSPITAL AND MY HEART STOPPED TWICE. I UNDERSTOOD FROM MY SISTER WHO IS A NURSE PRACTITIONER THAT IF I HADN'T GOTTEN TO THE HOSPITAL IN TIME THAT I WOULD HAVE DIED BECAUSE AMBULANCES AREN'T REALLY MEANT TO KEEP YOU ALIVE. THEY ARE GOING TO TRY, BUT THEY CAN'T DO WHAT A HOSPITAL CAN. I GOT TO THAT HOSPITAL IN TIME. I GOT THAT PACEMAKER WHICH I FORGOT ALL ABOUT COMING INTO THIS ROOM. ANYWAY, MY LIFE IS HERE. I DON'T WANT TO LOSE IT AGAIN IF WE BUILD ANOTHER BUILDING THAT I CAN'T ESCAPE FROM. THANK YOU VERY MUCH. >>GUIDO MANISCALCO: YES, MA'AM. THANK YOU VERY MUCH. MARK GESSNER, JOHN VANOWN, ELLEN WISE. >> GOOD EVENING. I'M MARK GESSNER. I SERVE DURING THE DAY AS THE EXECUTIVE DIRECTOR OF THE TAMPA JCCs. I'M HERE THIS EVENING REALLY IN MY PERSONAL CAPACITY AS SOMEBODY WHO CARES ABOUT THE JEWISH COMMUNITY AND WANTS TO SAY A FEW WORDS. SO APPRECIATE ALL THE EFFORT THAT THE CITY ZONING STAFF HAS PUT INTO WORKING WITH THE CONGREGATION ON A PROJECT THAT WILL ENSURE RODEPH SHALOM WILL BE A CORNERSTONE AND A HOME FOR THE JEWISH COMMUNITY FOR TAMPA FOR YEARS TO COME. RODEPH SHALOM IS THE ONLY CONSERVATIVE JEWISH CONGREGATION IN SOUTH TAMPA. WE ALL HAVE A VESTED INTEREST IN ENSURING THE LONG-TERM HEALTH AND ITS SUSTAINABILITY. SYNAGOGUES AND CHURCHES NATIONWIDE ARE STRUGGLING TO KEEP THEIR DOORS OPEN BECAUSE OF CHANGING LIFESTYLES AND DEMOGRAPHICS. RODEPH SHALOM IS FORTUNATE TO HAVE A STABLE AND DEDICATED MEMBERSHIP AND FORTUNATE TO HAVE FOUND A SUSTAINABLE PATH FORWARD WITH THIS PROJECT. IF THE GOAL OF THIS COUNCIL IS A WORLD-CLASS CITY THAT HELPS INDIVIDUALS AND FAMILIES OF ALL SORTS FEEL AT HOME HERE, THEN THIS PROJECT HAS THE OPPORTUNITY TO DO JUST THAT. TAMPA'S JEWISH COMMUNITY COMPRISES ORTHODOX JEWS, CONSERVATIVE JEWS, REFORMED JEWS AND OTHERS, RODEPH SHALOM IS THE HOME OF THE CONSERVATIVE JEWISH COMMUNITY IN SOUTH TAMPA AND I BELIEVE THE PROJECT WILL BE CRUCIAL IN KEEPING THEM HERE, REMAINING A VITAL COMPONENT OF THE COMMUNITY FOR YEARS TO COME. I HOPE YOU SUPPORT THE PROJECT. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. JOHN VANOWN, ELLEN WISE, PAMELA GARON. COME ON UP, SIR. PLEASE STATE YOUR NAME. >> GOOD EVENING. MY NAME IS JOHN RANIONE. I'VE SEEN MY NAMES SPELLED MANY DIFFERENT WAYS. WHAT I JUST WITNESSED WAS SOMETHING ENTIRELY UNIQUE. GOOD EVENING, COUNCIL. YOU'VE HEARD A LOT OF COMMENTARY THIS EVENING THAT SORT OF PAINTS A PICTURE OF THE RELATED GROUP AS BEING THE BAD GUYS. I WOULD LIKE TO OFFER A COUNTER POINT. I DO SO RESPECTFULLY BECAUSE SOME OF THE PEOPLE WHO HAVE SPOKEN IN OPPOSITION ARE MY FRIENDS AND I INTEND TO KEEP IT THAT WAY. SO RATHER THAN SPEAK TO THE MERITS OF THE PROPOSAL, I WANT TO SPEAK TO THE THOUGHTFUL AND GENEROUS RESPONSE TO A REQUEST THAT THE CENTRO ESPANOL MADE TO THE RELATED GROUP. IN THE WAY OF BACKGROUND, 1904 TO 1906, MUTUAL AID SOCIETY CONSTRUCTED STATE-OF-THE-ART HOSPITAL ON BAYSHORE BOULEVARD NOT FAR FROM THE PROPOSED PROJECT. THAT HOSPITAL WAS STATE OF THE ART FOR ITS TIME NOT ONLY IN THE CITY BUT IN THE STATE OF FLORIDA. IT SERVED OUR MEMBERS AND THEIR FAMILIES FOR SIX AND A HALF DECADES. IN 1970, OUTLIVING ITS USEFULNESS, THE HOSPITAL WAS DEMOLISHED AND IN ITS PLACE, THE BAY OAKS APARTMENTS WERE CONSTRUCTED. MIRACULOUSLY A CENTRAL FOUNTAIN THAT ADORNED THE LANDSCAPE OF OUR HOSPITAL SURVIVED THE WRECKING BALL. NOT LONG AGO WHEN WE LEARNED OF THE PROJECT THAT IS BEING CONSIDERED TONIGHT, WE WROTE A LETTER TO MR. PERA AT THE RELATED GROUP AND ASKED SIMPLY FOR THEIR CONSIDERATION TO PRESERVE THAT FOUNTAIN. THE RESPONSE FROM THE GROUP SURPRISED AND PLEASED US. THEY OFFERED NOT ONLY TO PRESERVE IT, BUT ALSO TO RESTORE IT AND TO PLACE AN INTERPRETIVE MARKER NEARBY. WE VERY MUCH APPRECIATE THE RELATED GROUP'S GESTURE TO PRESERVE A SMALL PART OF TAMPA'S ARCHITECTURAL AND CULTURAL LEGACY. IF I HAD MORE TIME, I COULD TELL YOU WHY THAT FOUNTAIN WAS IMPORTANT TO US BEYOND ITS ARCHITECTURAL FEATURES. THANK YOU. >>GUIDO MANISCALCO: COUNCILMAN MIRANDA. >>CHARLIE MIRANDA: THIS HAS NOTHING TO DO WITH THE REZONING. WERE THE GOLDFISH PART OF THE DEAL? >> YES. >>CHARLIE MIRANDA: STILL GOT THE GOLDFISH. >> FOUNTAIN WAS USED AS A PLANTER. >>CHARLIE MIRANDA: HEAD DOCTOR WAS DR. WINKLE. >> YES. >>CHARLIE MIRANDA: THANK YOU VERY MUCH. SPANISH NAME WINKLE. I REMEMBER GOING THERE AS A KID. ABOUT 18 STEPS TO GET TO THE MAIN FLOOR. >>GUIDO MANISCALCO: HE HAS A BUS ON THE RIVERWALK THAT DOCTOR. YES, MA'AM, ELLEN WISE. PAMELA GARON. JAMIE FINLEY. >> HI. MY NAME IS ELLEN WEISS. FOR THE PAST NINE YEARS I'VE BEEN THE EXECUTIVE DIRECTOR OF TOP JEWISH FOUNDATION, A 44-YEAR-OLD ORGANIZATION HEADQUARTERED IN TAMPA AND THE ONLY COMMUNITY FOUNDATION PARTNERING WITH CONGREGATION RODEPH SHALOM AND ALL THE JEWISH ORGANIZATIONS THROUGHOUT TAMPA. I HAVE THE UNIQUE PERSPECTIVE OF RUNNING A FOUNDATION WHOSE SOLE PURPOSE IS TO ENSURE A FINANCIAL, VIBRANT FUTURE FOR RODEPH SHALOM AND THE TAMPA JEWISH COMMUNITY AS WELL AS SEVEN OTHER JEWISH COMMUNITIES THROUGHOUT THE WEST COAST OF FLORIDA AND CENTRAL FLORIDA. IT IS THROUGH MY WORK THAT I HAVE SEEN WHAT IT TAKES TO RUN AND SUSTAIN A VIBRANT SYNAGOGUE AND HOW IMPORTANT A VIBRANT SYNAGOGUE IS NOT ONLY TO ITS MEMBERS AND THE JEWISH COMMUNITY BUT ALSO TO THE LARGER CIVIC COMMUNITY. MY MESSAGE TODAY IS THAT THE TAMPA CITY COUNCIL SUPPORT OF RODEPH SHALOM WILL SIGNIFICANTLY AFFECT NOT ONLY ITS MEMBERS AND SYNAGOGUE, BUT THE LARGER JEWISH AND CIVIC COMMUNITIES TODAY AND FOR FUTURE GENERATIONS. THE SYNAGOGUE PLAYS A CRITICALLY IMPORTANT ROLE IN THE LIVES OF ITS MEMBERS AS THE ONLY CONSERVATIVE SYNAGOGUE IN SOUTH TAMPA. THE PROPOSED PROJECT WILL CREATE AN ENDOWMENT THAT WILL ENSURE THE FUTURE OF THE SYNAGOGUE WITHOUT WHICH MANY NONPROFITS WILL STRUGGLE AND NOT SURVIVE, LIKE THE CONSERVATIVE SYNAGOGUE IN SOUTH PINELLAS COUNTY THAT CLOSED ITS DOORS WITHIN THE LAST FIVE YEARS. RODEPH HAS ALSO PLAYED A SIGNIFICANT ROLE IN SUPPORTING THE LARGER JEWISH COMMUNITY. THROUGH ITS SUPPORT OF TOP JEWISH FOUNDATION OVER THE PAST 44 YEARS, RODEPH HAS ENABLED TOP JEWISH FOUNDATION TO RUN ITS LEGACY AND ENDOWMENT PROGRAMS, WHICH BUILD CRITICALLY IMPORTANT ENDOWMENTS FOR EVERY SINGLE TAMPA JEWISH ORGANIZATION. WITHOUT RODEPH'S SUPPORT OF TOP, MANY TAMPA JEWISH ORGANIZATIONS WILL SUFFER. LIKEWISE, A VIBRANT RODEPH SHALOM ENABLES ITS MEMBERS TO SUPPORT THE LARGER TAMPA CIVIC COMMUNITY. MANY OF RODEPH'S MEMBERS HOLD PHILANTHROPIC FUNDS OR LEGACY OR ENDOWMENT COMMITMENTS THAT SUPPORT COUNTLESS, NONPROFIT CAUSES THROUGHOUT TAMPA, INCLUDING THE HOSPITALS, THE ARTS, EDUCATION, AND THE ENVIRONMENT. FOR ALL OF THESE REASONS, I URGE THE TAMPA CITY COUNCIL TO WIDEN ITS LENS AND WEIGH THE IMPORTANCE OF RODEPH SHALOM'S VIABILITY ON THE LARGER JEWISH AND TAMPA COMMUNITIES. THANK YOU. >>GUIDO MANISCALCO: YES, MA'AM. THANK YOU VERY MUCH. PAMELA GARON. JAMIE FINLEY. GABRIEL FLYNN. PLEASE STATE YOUR NAME. >> HI. GOOD EVENING. PAMELA TOBIN GARON. THANK YOU ALL FOR THE OPPORTUNITY. I APPRECIATE YOU HEARING ME TONIGHT. WHICH MEANS FROM GENTLEMAN EGGSO GENERATION, FIVE GENERATIONS OF MY FAMILY HAVE BEEN MEMBERS OF CONGREGATION RODEPH SHALOM. THEY JOINED THE SYNAGOGUE IN THE 1960s AND THROUGH THE YEARS WE'VE BEEN FORTUNATE TO BE SUPPORTED BY THIS SYNAGOGUE THROUGH MANY LIFE CYCLE EVENTS, MY HUSBAND AND I WERE MARRIED THERE OVER 30 YEARS AGO, AND MANY OTHER FAMILY MEMBERS EXCHANGED THEIR WEDDING VOWS AT THE SAME SITE. MY CHILDREN RECEIVED THEIR INCREDIBLE EDUCATION ABOUT JEWISH HISTORY AND THE HEBREW LANGUAGE AND EACH HAD THE BAR MITZVAH AND CONFIRMATION AT THE SYNAGOGUE. THE CONGREGATION WAS THERE FOR US WHEN OUR PARENTS AND OTHER BELOVED FAMILY MEMBERS PASSED AWAY, AND EACH YEAR THE CONGREGATION STANDS WITH US, REMEMBERING OUR LOVED ONES ON THE ANNIVERSARY OF THEIR PASSING. THIS IS SUCH AN IMPORTANT PLACE WITH A PROMINENT HISTORY AND AN INCREDIBLE LEGACY. AS YOU KNOW, THE PROJECT BEFORE YOU HAS GONE THROUGH MULTIPLE ITERATIONS, AND IT IS OUR HOPE TONIGHT THAT YOU'LL SEE THIS PLAN BEFITTING FOR THE FUTURE OF THE SYNAGOGUE, THE SKYLINE OF THE BEAUTIFUL BAYSHORE BOULEVARD AND ENSURE THAT THIS IMPORTANT SITE REMAINS A PLACE FOR THE FUTURE GENERATIONS OF OUR FAMILIES. I THANK YOU FOR YOUR CONSIDERATION. >>GUIDO MANISCALCO: YES, MA'AM. THANK YOU VERY MUCH. JAMIE FINLEY. GABRIEL FLYNN. CHRIS ALLEN. HELLO. PLEASE STATE YOUR NAME. >> MY NAME IS JAMIE FINLEY. THANK YOU GUYS. I KNOW IT'S REALLY LATE. THIS IS MY FIRST TIME SPEAKING AT THIS. I'M AN INTERIOR DESIGNER HERE IN TAMPA. I HAVE PEOPLE ON BOTH SIDES OF THIS WHICH MAKES IT A LITTLE CHALLENGING. BEEN HERE FOR A FEW HOURS. I THINK WHAT'S SO INTERESTING IS THAT EVERYBODY CARES ABOUT THE COMMUNITY AND EVERYBODY CARES ABOUT SOUTH TAMPA AND HOW IT LOOKS. THE FACT THAT THEY HAVE GONE BACK AND REDESIGNED THIS TO FIT THE COMMUNITY AND USE THE PROPERTY TO REALLY PRESERVE THE INTEGRITY OF BAYSHORE VERSUS SOME BIG COMPANY COMING IN, IF THEY SELL THE WHOLE PROPERTY, A BIG COMPANY COULD COME IN AND WHO KNOWS WHAT THAT'S GOING TO LOOK LIKE. THAT WAS MY RECENT THOUGHT. WHAT I CAME HERE TO SAY IS I HAVE CLIENTS THAT ARE IN ALL DIFFERENT TYPES OF BUILDINGS IN TAMPA. SO ENEMA OF MY CLIENTS HAVE -- AND SO MANY OF CLIENTS HAVE DOWNSIZED FROM LIVING IN CULBREATH, DAVIS ISLANDS, NEW SUBURB BEAUTIFUL, EVERYWHERE IN BETWEEN. THEY HAVE A BEEN ABLE TO LIVE IN CONDOS SO THEY CAN STAY IN SOUTH TAMPA AND WATCH THEIR KIDS GROW UP AND GRANDKIDS AND STAY INVOLVED WHILE NOT HAVING THE SAME FOOTPRINT OF A HOUSE. TAKE INTO CONSIDERATION WHAT JUST HAPPENED WITH THE HURRICANES AND DEALING WITH A LOT OF DEVASTATION ALL THROUGHOUT TAMPA AND I HAVE SEVERAL CLIENTS TRYING TO REBUILD THEIR HOMES AND THE STRUGGLE OF WHETHER THEY CAN EVEN AFFORD TO STAY IN SOUTH TAMPA OR FIX THEIR HOME OR NOT FIX THEIR HOME AND THE CONDOS GIVE PEOPLE AN OPPORTUNITY TO STAY IN SOUTH TAMPA AND STILL KEEP THEIR COMMUNITY AND FRIENDS AND ALL OF THOSE THINGS THAT ARE SO IMPORTANT TO EVERYONE HERE TONIGHT, LIKE, ON BOTH SIDES. I JUST THINK WE NEED TO LOOK AT THE BIGGER PICTURE AND WHAT IT HAS TO OFFER FOR THE COMMUNITY AS A WHOLE. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. GABRIEL FLYNN, CHRIS ALLEN, ALAN FRAZIER. HELLO SIR. PLEASE STATE YOUR NAME. >> IT'S QUINN. GABRIEL QUINN. >>GUIDO MANISCALCO: I'LL CORRECT IT. GO AHEAD, SIR. PLEASE STATE YOUR NAME. >> GABRIEL QUINN. GOOD EVENING. I WANT TO START OFF BY SAYING I AM A NEWER MEMBER TO THE TAMPA REGION. I MOVED DOWN HERE FOR MY COLLEGE CAREER AND THEN TO PURSUE MY CAREER AFTER I GRADUATED. WITH THAT BEING SAID, I DON'T PLAN ON MOVING INTO THIS BUILDING IF IT IS BUILT ANY TIME SOON. BUT I DO UNDERSTAND THE BASIC IDEA OF SUPPLY AND DEMAND. AND IF THIS BUILDING WERE TO BE BUILT, IT WOULD CREATE AN OPPORTUNITY FOR WEALTHIER HOMEOWNERS AND BUYERS TO MOVE INTO SOMETHING LIKE THIS, WHICH WOULD THEN FREE UP MID-RANGE HOMES, LEAVING PEOPLE LIKE ME WHO ARE NOW RENTING THE ABILITY TO PURCHASE A STARTER HOME. SO RIGHT NOW, IT'S PRACTICALLY IMPOSSIBLE FOR ME TO THINK ABOUT BUYING A HOME AND FOR PEOPLE MY AGE, IT'S REALLY DAUNTING TRYING TO MOVE INTO AN AREA LIKE THIS WHERE WE WANT TO BE A PART OF THE COMMUNITY AND UPHOLD THE ECONOMY, BUT THERE'S NO HOUSING THAT WE CAN GET INTO THAT'S AFFORDABLE FOR OUR PRICE RANGE. SO I KNOW THAT CHANGE CAN BE DIFFICULT, BUT IF WE WANT TAMPA TO KEEP GROWING AND BE VIBRANT AND ECONOMIC DIVERSE COMMUNITY WE NEED TO UNDERSTAND THAT HOUSING NEEDS TO BE AFFORDABLE FOR ALL GENERATIONS, NOT JUST THOSE WHO OWN HOMES NOW AND WHO WERE HERE BEFORE US. WE NEED TO KEEP AN OPEN MIND FOR THE FUTURE THAT IS US YOUNG PEOPLE WHO HAVE MOVED HERE AND CALL TAMPA OUR HOME. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. CHRIS ALLEN. PASTOR CHRIS ALLEN. ALAN FRAZIER. PAULA MECKLEY. PLEASE STATE YOUR NAME. >> REVEREND CHRIS ALLEN, PASTOR OF HORIZON UNITED METHODIST CHURCH. I FIRST WALKED INTO CONGREGATION RODEPH SHALOM A LITTLE OVER A YEAR AGO AS OUR BUILDING WAS BEING RENOVATED AND WE WERE LOOKING FOR TEMPORARY SPACE. MUCH UNLIKE THIS MEETING, IT WAS THE SHORTEST RELIGIOUS MEETING I'VE BEEN -- THEY LITERALLY SAID THE WORD IN HEBREW FOR HOSPITALITY. THAT WAS MY WELCOME INTO THAT COMMUNITY. THAT HAS BEEN THE HEARTBEAT THAT I EXPERIENCE EVERY TIME I WALKED IN THE DOOR THERE. THIS PAST FALL, EVERYONE HAS MENTIONED STORMS DEVASTATED OUR COMMUNITY AND WE WERE DIRECTLY IMPACTED OUR CHURCH. PERSONALLY MY HOME WAS ALSO FLOODED WITH HURRICANE HELENE. I PREACHED THAT SUNDAY MORNING IN A SYNAGOGUE IN SHORTS AND A T-SHIRT BECAUSE IT WAS THE ONLY CLOTHES I STILL HAD. FOLLOWING WEEK WHEN HURRICANE MILTON CAME, THE BUILDING WE WERE RENOVATING, SIX WEEKS AWAY AND LOOKING FORWARD TO NO LONGER BEING TENANTS IN A SYNAGOGUE, OUR BUILDING FLOODED AND WE STILL DON'T KNOW YET WHEN WE WILL BE BACK IN THAT SPACE. OVER AND OVER AGAIN CONGREGATION RODEPH SHALOM HAS BEEN THAT PLACE OF HOSPITALITY FOR US. IT'S BEEN A PLACE ON SUNDAY MORNINGS WHERE BOTH OUR CONGREGATION AND THE CONGREGATION OF THE SYNAGOGUE HAVE GATHERED. KIDS RUNNING THROUGH THE HALLS. AWESOME CONVERSATIONS THAT HAVE TAKEN PLACE. AS WE AS A CITY BEGIN TO ADDRESS SOME OF THE THINGS MOST FOREFRONT WITH THIS, I BELIEVE THIS PROJECT DOES IT IN SUCH A CREATIVE WAY. LONELINESS IS A PROBLEM IN OUR CITY AND IT IS A PLACE WHERE PEOPLE GATHER AT CONGREGATION RODEPH SHALOM. I BELIEVE IT HAS A UNIQUE PIECE IN THE FABRIC OF THE CITY TO CONTINUE ON THAT STREET. THE OTHER PIECE THAT I THINK WE HAVE TO LOOK AT IS ALSO HOW DO WE DO THIS IN A WAY THAT TAKES THAT CREATIVITY AND CAN BE A FORWARD THINKING APPROACH? WE HEARD ABOUT THE NEED FOR HOUSING IN THIS COMMUNITY. IT WILL CONTINUE TO INCREASE AS PEOPLE MOVE HERE. THIS PROJECT ITSELF, I BELIEVE WITH YOUR FORWARD THINKING LEADERSHIP CAN BE A PART OF THAT AND PUT US ON THE LANDMARK OF SOMETHING THAT'S BEEN DONE CREATIVELY WHERE PEOPLE ARE NOT ONLY LIVING, THEY ARE WORKING, EATING AND PRAYING ALL IN A CENTRALIZED AREA. OUR CONGREGATION LOVES THE LOCATION ON SUNDAY MORNINGS BECAUSE THEY CAN WALK FROM CAMP TO CHURCH IN THEIR YOGA CLOTHES. GO FROM THERE TO PINKY'S. THEY CAN WALK FROM THEIR HOMES. IT IS A UNIQUE SPOT, AMAZING THINGS FOR THE COMMUNITY. FORMER BOARD MEMBER AT WALK BIKE TAMPA. THERE'S MULTIMODAL TRANSPORTATION BETWEEN BUS LINES, BIKING AND WE TALKED A LOT ABOUT CARS. I THINK WE NEED TO THINK ABOUT HOW THIS SPOT IS UNIQUE FOR HIGHER DENSITY DEVELOPMENT BECAUSE IT OFFERS OTHER WAYS OF GETTING AROUND OTHER THAN JUST CARS. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. ALAN FRAZIER. PAULA MECKLEY. COURTNEY HENNING. HELLO SIR. PLEASE STATE YOUR NAME. >> WHERE IS THE MIKE? >>GUIDO MANISCALCO: IT'S RIGHT THERE. >> MY NAME IS ALAN FRAZIER. I'M NOT A MEMBER OF THE SYNAGOGUE, BUT MY GRANDFATHER, ADOLF GOLDSTEIN, WAS ONE OF THE FOUNDING BOARD MEMBERS. HE WAS ALSO ON THE CITY OF TAMPA COUNCIL IN 1923 AND 1929. ANYWAY, I THINK IF THIS CAME UP, VOTED FOR IT. [ LAUGHTER ] BUT ANYWAY, I'M FOR THIS PROJECT. A COUPLE OF REASONS. IT IS A LOT OF TAXES. $5 MILLION APIECE AND THAT'S A LOT OF TAXES FOR THE CITY. IT CAN HELP DO A LOT OF GOOD THINGS WITH THAT. THE OTHER THING, I DIDN'T THINK ABOUT IT, BUT TONY EVERETT MENTIONED, ONE TIME HIGH-RISE ZONING FROM DIPLOMAT TO BAY TO BAY OR FURTHER BEYOND THAT. AND THAT'S TRUE. IT DID HAVE A HIGH-RISE ZONING AS I REMEMBER, AND THAT SHOULD BE -- THE OTHER THING, DENNIS LEVINE MENTIONED THERE'S NOBODY LIVING IN THE GARDEN CLUB. IT'S SURPRISING THEY OPPOSE IT SO MUCH. ANYWAY, I WOULD URGE THAT THE CITY COUNCIL VOTE LIKE MY GRANDFATHER WOULD, VOTE FOR THE PROJECT. I THINK IT'S A GOOD PROJECT AND IT WOULD PROVIDE A LOT OF REVENUE FOR THE CITY. THANK YOU. >>GUIDO MANISCALCO: SIR, YOU SAID YOUR GRANDFATHER WAS A CITY COUNCIL MEMBER. >> YES. ADOLF GOLDSTEIN. >>GWEN HENDERSON: I BET HE WASN'T HERE AT MIDNIGHT. >> IT MIGHT HAVE BEEN THE SAME ROOM. I DON'T KNOW. >>GUIDO MANISCALCO: WE HAVE A BOOK OF ALL THE MEMBERS OF CITY COUNCIL. YOUR GRANDFATHER IS IN IT. WOULD YOU LIKE A COPY? >> I'VE SEEN IT. I'VE SEEN IT ON THE WEBSITE. >>GUIDO MANISCALCO: ALL RIGHT. THANK YOU VERY MUCH, SIR. NEXT SPEAKER IS PAULA MECKLEY. COURTNEY HENNING. ALAN COHN. PAULA MECKLEY, COME ON UP. THANK YOU, MA'AM. PLEASE STATE YOUR NAME. >> PAULA MECKLEY. GOOD EVENING, COUNCILMEN, I AM THE PRESIDENT OF THE TAMPA GARDEN CLUB. THIS PROPOSED 16-STORY HIGH-RISE, ALONG WITH THE 77-FOOT TALL PARKING STRUCTURE IS A PROJECT OF CONSUMPTION. NOT MEANINGFUL DEVELOPMENT. IT DEVOURS VALUABLE OPEN GREENSPACE WITHOUT OFFERING REAL BENEFITS TO THE SURROUNDING NEIGHBORS OR THE COMMUNITY. TRUE DEVELOPMENT ENHANCES A NEIGHBORHOOD BUT THIS PROJECT ONLY TAKES AWAY. BEYOND A TOKEN SIDEWALK AND MID BLOCK CROSS WALK, WHAT GENUINE VALUE DOES IT PROVIDE TO THE ELDERLY SENIOR RESIDENTS AT THE PRESBYTERIAN APARTMENTS, ACROSS THE STREET OR TO THE NEIGHBORS THAT LIVE AROUND IT. THIS PROJECT STRIPS THEM OF OPEN SURROUNDINGS, REPLACING IT WITH CONCRETE, CONGESTION AND SAFETY CONCERNS. MOREOVER, THIS PROJECT THREATENS TO DESTROY THE LIVELIHOOD OF THE TAMPA GARDEN CLUB, A PHILANTHROPIC ORGANIZATION THAT HAS SERVED THE TAMPA COMMUNITY FOR DECADES. THE CLUB RELIES ON THE PICTURESQUE OUTDOOR SETTING TO ATTRACT WEDDINGS, EVENTS, AND COMMUNITY GATHERINGS, CRITICAL SOURCES OF REVENUE THAT SUSTAIN ITS CHARITABLE INITIATIVES AND EDUCATION PROGRAMS. THE LOOMING HIGH-RISE AND PARKING STRUCTURE WOULD OVERSHADOW THE CLUB'S SCENIC APPEAL, DRIVING AWAY POTENTIAL CLIENTS AND JEOPARDIZING ITS FINANCIAL STABILITY. THE RESULTING NOISE, TRAFFIC CONGESTION, FLOODING AND LOSS OF GREENSPACE WOULD FURTHER ERODE THE TRANQUIL ATMOSPHERE THAT MAKES THE GARDEN CLUB A BELOVED COMMUNITY ASSET. I'M GOING TO PUT ON THE OVERHEAD, THIS IS THE COMPREHENSIVE PLAN. 1.3.5 IN THE POLICY RECOGNIZE THAT EVERY NEIGHBORHOOD HAS AN -- HAS ASSETS THAT IDENTIFY THAT NEIGHBORHOOD AND CONTRIBUTE TO THE WELL-BEING OF THE PEOPLE WHO LIVE THERE. UNDERSTAND THAT THOSE ARE -- UNDERSTAND WHAT THOSE ARE AND LOOK FOR OPPORTUNITIES TO ENHANCE THEM. TREES, LARGE YARDS, SCHOOLS, PEOPLE, AND INDEPENDENT BUSINESSES. INSTEAD OF FOSTERING GROWTH AND ENRICHMENT, IT THREATENS TO CONSUME AND DISMANTLE THE VERY ELEMENTS THAT MAKE THE AREA -- THIS AREA OF BAYSHORE BOULEVARD A UNIQUE AND VIBRANT. THE COMPETENT SUBSTANTIAL EVIDENCE THAT YOU HAVE BEEN PRESENTED WITH TONIGHT ARE VERY CLEAR. THIS IS THE WRONG BUILDING FOR THIS LOCATION. WE HAVE REPEATEDLY STATED THAT A SMALLER DEVELOPMENT THAT FITS INTO THE CHARACTER OF THE NEIGHBORHOOD WOULD BE SUPPORTED. PLEASE DENY THIS ZONING. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MA'AM. COURTNEY HENNING. ALAN COHN. JOE ROBINSON. YES, MA'AM, PLEASE STATE YOUR NAME. >> COURTNEY HONING. I HAVE A COUPLE OF PICTURES. DO I PUT THEM ON THE ELMO OR HOW DOES THAT WORK? >>GUIDO MANISCALCO: YES, MA'AM. WE'VE GOT THEM AND WE'LL GET THEM UP ON THE BIG SCREEN. >> COURTNEY HONING, CIVIC CHAIR FOR THE TAMPA GARDEN CLUB AND ALSO A RESIDENT OF SOUTH TAMPA. NO ONE LIVES IN THE GARDEN CLUB, BUT NO ONE LIVES IN THE SYNAGOGUE EITHER. AS CIVIC CHAIR, I WOULD LIKE TO REMIND YOU THAT THE TAMPA GARDEN CLUB HAS BEEN ON BAYSHORE SINCE 1929. GREENSPACE IS OUR BUSINESS. WE GIVE BACK TO THE COMMUNITY ON A DAILY BASIS BY DOING EVERYTHING FROM PLANTING TREES ALL OVER THE CITY, FUNDING AND WORKING WITH COMMUNITY GARDENS. WE HELP PROVIDE SCHOLARSHIPS FOR UP AND COMING COLLEGE STUDENTS. OFFER KIDS A SUMMER CAMP AND ALSO HELP OUR LOCAL PARKS. NOT THE LEAST OF WHICH IS FRED BALL PARK. WITH REGARD TO OUR VENUE BUSINESS, YOU SHOULD KNOW THAT WE ARE ALSO A SMALL BUSINESS. WE ARE A CENTURY OLD WOMEN-OWNED BUSINESS. WE ARE A QUIET OASIS IN A BUSY CITY. THAT IS WHAT DRIVES BRIDES TO US. WE ARE MUCH QUIETER AND MORE PEACEFUL, AFFORDABLE VENUE FOR AN OUTDOOR WEDDING AND WE GIVE BRIDES A QUIETER ALTERNATIVE TO THE BUSYNESS OF DOWNTOWN. WE ARE AN OASIS ALONG BAYSHORE BOULEVARD. OUR GUESTS APPRECIATE OUR QUIET SPACE IN AN EVER GROWING CITY. THE COMPREHENSIVE PLAN STATES THAT REZONING REQUESTS CANNOT BE DETRIMENTAL TO SURROUNDING NEIGHBORHOODS AND TO SURROUNDING BUSINESSES -- EXCUSE ME, NEIGHBORING BUSINESSES. WANTING TO KEEP OUR BUSINESS SUCCESSFUL AND IN TURN SUPPORT OUR COMMUNITY DOES NOT MAKE US A BAD NEIGHBOR. YOU HEARD AT YOUR WORKSHOP THIS MORNING ABOUT HOW DEVELOPERS CAN CREATE PARKING ISSUES WHEN THEY DEVELOP LARGE PROJECTS. THE BUILDING OF THESE LARGE TOWERS AND THE CONSTRUCTION WOULD CERTAINLY NEGATIVELY AFFECT OUR BUSINESS AND OUR ABILITIES TO CONTINUE TO GIVE BACK TO THE COMMUNITY. WE WOULD LIKE TO REMAIN -- WE WANT THE SYNAGOGUE TO REMAIN OUR FRIENDLY NEIGHBOR AND WE WANT TO ENJOY OUR TIME WITH THEM. AS A RESIDENT OF SOUTH TAMPA I WOULD SAY TO YOU THIS IS THE LAST REMAINING GREENSPACE ON BAYSHORE. YOU HEAR THAT AND MIGHT THINK, WOW, THE ONLY ONE LEFT. DEVELOPERS SEE DOLLAR SIGNS WHILE RESIDENTS SEE IT AS A RETREAT. A GREENSPACE THAT IS SURROUNDED BY A NEIGHBORHOOD WITH MUCH LOWER DENSITY AND A BEAUTIFULLY CHERISHED PART OF THE BAYSHORE COMMUNITY. WE CAN'T AFFORD TO LOSE IT. PLEASE REMEMBER THE ISSUES THAT CAME UP DURING YOUR WORKSHOP THIS MORNING AS YOU'RE MAKING YOUR DECISION TONIGHT AND BETTER COMMUNITIES INCLUDE GREENSPACE. WE ASK THAT YOU PLEASE DENY THE REZONING REQUEST TONIGHT. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. ALAN COHN. JOE ROBINSON, STEVEN SILVERMAN. HELLO SIR. PLEASE STATE YOUR NAME. >> GOOD EVENING, EVERYONE. I'M ALAN COHN. I WANT TO TAKE ONE EXCEPTION TO THE PREVIOUS SPEAKER. CONGREGATION RODEPH SHALOM IS A HOUSE OF WORSHIP AND IT IS A HOME TO THE JEWISH COMMUNITY IN TAMPA. LET ME TELL YOU WHY IT'S IMPORTANT. MOST OF YOU KNOW ME FROM POLITICS. I DON'T KNOW IF ANY ONE OF YOU KNOW I AM ALSO A FORMER SYNAGOGUE PRESIDENT OF A CONSERVATIVE SYNAGOGUE JUST LIKE RODEPH SHALOM. MY SYNAGOGUE WAS IN TOURINGTON, CONNECTICUT AND I WORKED MY BUTT OFF FOR YEARS TO MAKE SURE IT KEPT ITS DOORS OPENED. AFTER WE MOVED DOWN HERE, THEY CLOSED THEIR DOORS. IT'S NO LONGER THERE. IT'S THAT MUCH MORE DIFFICULT TO BE A JEWISH FAMILY IN THAT PART OF CONNECTICUT TODAY. RODEPH SHALOM IS THE ONLY CONSERVATIVE SYNAGOGUE IN THE CITY OF TAMPA. IT'S PART OF A COMMUNITY WITH OTHER SYNAGOGUES THAT MAKE TAMPA A UNIQUELY APPEALING PLACE FOR JEWISH CITIZENS TO MOVE WITH THEIR FAMILIES, LIVE AND WORK AND PAY TAXES. NOW, I KNOW THIS IS A DIFFICULT DECISION FOR ALL OF YOU, AND THERE HAVE BEEN INCREDIBLY PASSIONATE SPEAKERS ON BOTH SIDES OF THE ISSUE HERE TONIGHT. SOMETIMES A LITTLE BIT TOO PASSIONATE. BECAUSE WE'RE TALKING ABOUT A COMMUNITY THAT WE LOVE A GREAT DEAL. MY PURPOSE IN SPEAKING TO YOU TONIGHT IS TO REAFFIRM WHAT OTHER SPEAKERS HAVE SAID. THIS PROJECT IS IMPORTANT TO THE ENTIRE JEWISH COMMUNITY OF THE CITY OF TAMPA. AND THEY ARE NOT ASKING FOR A SINGLE PENNY IN TAXPAYER DOLLARS. AS IT HAS BEEN MENTIONED, THERE ARE SYNAGOGUES, CHURCHES AND HOUSES OF WORSHIP THROUGHOUT THE COUNTRY THAT ARE CLOSING THEIR DOORS TODAY BECAUSE OF CHANGING DEMOGRAPHICS AND THE CHANGING LIFESTYLE OF AMERICANS. SOME CHURCHES PUT UP CELL PHONE TOWERS, WHICH I DON'T THINK EXACTLY WOULD FIT INTO BAYSHORE BOULEVARD. THIS SYNAGOGUE HAS FOUND AN ANSWER FOR ITS FUTURE WITHOUT ASKING ANYTHING FROM THIS CITY. AND SO IN CLOSING TONIGHT, I WANT TO THANK YOU FOR YOUR ATTENTION TO THIS ISSUE. AND I WANT TO THANK YOU FOR YOUR ANTICIPATED APPROVAL BECAUSE THIS IS SOMETHING THAT THE JEWISH COMMUNITY IN TAMPA WILL REMEMBER FOR YEARS TO COME. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. JOE ROBINSON. STEVEN SILVERMAN. LINDSEY MORGAN. WAIT, MR. ROBINSON IS COMING UP. THEN MR. SILVERMAN. YOU'LL BE NEXT, SIR. HELLO SIR. PLEASE STATE YOUR NAME. >>MARTIN SHELBY: MR. ROBINSON, DO YOU HAVE A NUMBER TO DEPOSIT IN THAT LITTLE BASKET IN FRONT OF YOU? >>GUIDO MANISCALCO: DID HE GET A NUMBER? PLEASE STATE YOUR NAME, SIR. >> JOE ROBINSON. ON BEHALF OF MY JEWISH SISTER, MY NIECES AND NEPHEWS IN CANADA, I'VE BEEN ASKED TO REVIEW THE PROJECT AND GIVE MY PROFESSIONAL OPINION. DIDN'T KNOW I HAD A JEWISH SISTER, DID YOU? FIRST OF ALL, YOUR ROLE TONIGHT IS TO MITIGATE OR LITIGATE. WHAT YOU WANT TO DO. MITIGATE TO LITIGATE, IT DOESN'T MATTER. YOUR ROLE TONIGHT IS LEGISLATIVE. YOUR ROLE TONIGHT IS DETERMINED IF THIS IS LEGALLY MEDIATED SETTLEMENT, APPROPRIATE SOLUTION TONIGHT. AS YOU'RE SEEING, THERE'S HOSTILITY IN THE AIR. IT'S SAD THAT THE OPPOSITION IS DISRESPECTFUL TO YOU AND OTHERS IN THESE CHAMBERS. FACTS TONIGHT. PLANNING COMMISSION STAFF HAS FOUND THIS MEASURE USE SITE PLAN CONSISTENT. CITY OF TAMPA LAND USE ZONING STAFF FIND IT CONSISTENT. GREENSPACE, BUFFERING, YOU KNOW, TREES, NATURAL RESOURCES HAVE FOUND CONSISTENT. RELATED GROUP IN WEST TAMPA HAS DONE A GREAT JOB. I'VE WORKED WITH THEM IN WEST TAMPA FOR SEVERAL YEARS NOW. YEAH, THERE ARE ISSUES SOMETIMES WITH CONTRACTORS THEY USE. BUT THEY BELIEVE IN ART. IF THIS IS APPROVED THEY'LL HAVE OUR ART EVERYWHERE ON THIS PROJECT. THE THING ABOUT RELATED IS THAT THEY ARE BEING THE VERY FIRST DEVELOPER TO EVER ENTER OR OFFER A SIGNED COMMUNITY BENEFIT AGREEMENT IN THE HISTORY OF TAMPA FOR ROME YARD. NOBODY HAS EVER DONE THAT. SO THESE GUYS AREN'T BAD GUYS. SOMETIMES THEY MIGHT HAVE GUYS DOING WORK FOR THEM THAT DON'T NECESSARILY TAKE CARE OF DOING CONSTRUCTION THE PROPER WAY. THEY KNOW ABOUT COMMUNITY BENEFITS. IT SPEAKS VOLUMES TO THE INTENT TO BE A GOOD DEVELOPER. CONCERN, AND SO I HAVE TO THE AREAS OF TAMPA THEY DEVELOP. -- CONCERN AND SENSITIVE TO THE AREAS OF TAMPA THEY DEVELOP. DO YOU WANT TO MITIGATE OR LITIGATE? THESE PEOPLE READY TO MEDIATE. THESE PEOPLE OVER HERE, THEY ARE READY TO LITIGATE. SO IT DOESN'T MATTER. THIS IS A MEDIATED SETTLEMENT. IF YOU VOTE NO, IT PROBABLY WILL BE A LITIGATION. DON'T ROLL THE DICE. WE ALREADY ROLLED THE DICE OVER AT HARBOUR ISLAND WITH THE HOTEL. ALREADY A JUDGE SAYING THAT CITY COUNCIL DOESN'T HAVE AUTHORITY THROUGH THE CONSTITUTION TO EVEN HEAR ZONING HEARINGS. PLEASE, LET'S GET THIS OVER WITH. THIS IS PROBABLY THE BEST MEDIATED SETTLEMENT I'VE EVER SEEN COME BEFORE CITY COUNCIL. YOU KNOW I DON'T BE DOWN HERE AT NIGHT. BUT BECAUSE OF MY JEWISH SISTER, BEEN OVER THERE AT THIS RODEPH SHALOM BACK IN THE STAY, STAYING IN FLORIDA, SHE NOW IN TORONTO, CANADA, I HAD TO COME DOWN AND RESPECT MY SISTERS, MY NEPHEWS -- I JUST WANT TO SAY THAT FOR THE RECORD. ONCE AGAIN, CHARLIE, HASTA LUEGO. I'M OUT OF TIME. >>GUIDO MANISCALCO: STEVEN SILVERMAN AND LINDSEY MORGAN. >> GOOD EVENING. MY NAME IS STEVEN SILVERMAN. I'M A RESIDENT OF SOUTH TAMPA. I'M ALSO A MEMBER OF RODEPH SHALOM. AND I'M A COMMERCIAL REAL ESTATE BROKER. WE HEARD TONIGHT A LOT OF REALLY COMPLICATED ARGUMENTS AND I DON'T ENVY YOU MAKING DECISIONS BECAUSE BY COMPLICATING THINGS IT MAKES IT A LITTLE MORE DIFFICULT. I CAN UNDERSTAND WHY MAYBE AN APARTMENT BEHIND DOESN'T WANT A BUILDING TO GO UP IN FRONT OF THEM, BUT THEY KNEW WHEN THEY BOUGHT THE PROPERTY THAT THEY WEREN'T THE FRONT OF THE BAYSHORE. WE HAVE TO KEEP THINGS SIMPLE. THE WAY I TRY TO KEEP THINGS SIMPLE IN MY LIFE IS I GO TO PROFESSIONALS. I CAN DO MY TAXES BUT I GO TO A CPA. I GUESS I COULD CURE MYSELF BUT I GO TO A DOCTOR. TAMPA HAS -- AS A COMMERCIAL REAL ESTATE BROKER, I'VE BEEN TO THEM. I SENT THEM SOME QUESTIONS EARLIER THIS WEEK. THEY ARE RESPONSIVE AND THEY ARE THOUGHTFUL AND THEY SAY NO AND THEY ALSO GIVE GUIDANCE. I THINK YOU HAVE PROFESSIONALS WHO HAVE ALREADY LOOKED AT THIS, CONSIDERED ALL THE ANGLES AND SAID THIS IS SOMETHING THAT WORKS FOR TAMPA. >>GUIDO MANISCALCO: MR. SILVERMAN, I HAVE TO STOP YOU. YOU WERE NOT SWORN IN. IF YOU COULD RAISE YOUR RIGHT HAND AND WE'LL SWEAR YOU IN. I APOLOGIZE. >> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU HAVE ALREADY PROVIDED AND CONTINUE TO PROVIDE IS NOTHING BUT THE TRUTH? >> I DO. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. SORRY TO INTERRUPT YOU, SIR. >> EVERY PROPERTY OWNER HAS THE INALIENABLE RIGHT TO ACHIEVE THE HIGHEST AND BEST USE FOR THE PROPERTY. IT IS THE KIND OF THING THAT COMES BEFORE ZONING ALL THE TIME. THE GARDEN CLUB I THINK IS A BEAUTIFUL PROPERTY, BUT THEY HAVE CHOSEN NOT TO ACHIEVE THE HIGHEST AND BEST USE OF THE PROPERTY. THEY HAVE THIS BEAUTIFUL GREENSPACE, BUT THAT'S THEIR CHOICE. BUT THAT DOESN'T MEAN THAT A NEIGHBOR SHOULD BE PREVENTED FROM ACHIEVING THE HIGHEST AND BEST USE OF THEIR SPACE. I THINK THAT THIS DEVELOPMENT SHOULD BE APPROVED BECAUSE IT IS CONSISTENT WHEN YOU LOOK AROUND AND YOU SEE WHAT'S REALLY GOING ON IN TAMPA RIGHT NOW. I THINK IT IS PROBABLY THE GARDEN CLUB THAT'S NOT CONSISTENT, BUT I HOPE THEY STAY FOREVER BECAUSE I THINK IT IS A BEAUTIFUL PROPERTY AND IT ADDS TO THE CITY. BUT I THINK COMMON SENSE COMING OUT OF THIS WOULD SAY THAT THE PROJECT SHOULD BE APPROVED. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. LINDSEY MORGAN. YOU HAVE A SPEAKER WAIVER FORM AND THE ATTORNEY WILL READ OFF THE NAMES IF YOU HAND IT TO HIM. THEN WE HAVE SANDY PEACEMAN ONLINE. >> PART OF OUR TEAM. >>GUIDO MANISCALCO: LINDSEY MORGAN IS OUR LAST SPEAKER. >>MARTIN SHELBY: BEFORE YOU BEGIN, KATHERINE WALLACE, PLEASE. AND KIM NORMAN. THANK YOU. TWO ADDITIONAL MINUTES FOR A TOTAL OF FIVE. >>GUIDO MANISCALCO: GO AHEAD, PLEASE STATE YOUR NAME. >> LINDSEY MORGAN. I LIVE AT 5102 BAYSHORE BOULEVARD. I APPRECIATE THE OPPORTUNITY TO SHARE MY THOUGHTS ON THIS ISSUE TONIGHT. I KNOW IT'S LATE. I CAME STRAIGHT FROM WORK WITHOUT DINNER. AGAIN, APPRECIATE YOU HEARING ME OUT HERE. I AM ALSO A NEWER RESIDENT OF TAMPA. I MOVED HERE FROM CHICAGO IN 2015. I BOUGHT MY TOWNHOME IN 2017. MY FAVORITE THINGS ABOUT TAMPA ARE GASPARILLA. I LOVE IT MORE THAN CHRISTMAS. I LOVE THE NATURAL BEAUTY HERE AND MY FAVORITE THING ABOUT TAMPA IS THE WAY THIS CITY COMES TOGETHER, WHETHER IT'S FOR A LIGHTNING GAME OR BACK-TO-BACK HURRICANES, I HAVE NEVER IN ALL THE PLACES I'VE LIVED, I HAVE NEVER SEEN A SPIRIT LIKE WHAT WE HAVE IN TAMPA. EVEN IN MY SHORT TIME HERE, THE FACE OF BAYSHORE HAS CHANGED DRAMATICALLY SPOUTING HIGH-RISES WHERE I USED TO SEE BLUE SKIES AND GREENSPACE ON MY BAYSHORE WALKS. I MOVED HERE. I WAS RECRUITED BY A LAW FIRM. THOSE LATE-NIGHT WALKS ALONG BAYSHORE PROVIDED ME MUCH-NEEDED SPACE FOR RESPITE AND REFLECTION. I SPEND A LOT OF TIME THERE. AN EARLIER SPEAKER SAID THE DEVELOPMENT WOULD NOT ADVERSELY AFFECT OUR HOMES, NOT ONLY DO I DISAGREE, I'M HERE TONIGHT TO SHARE THREE IMPACTS I ALREADY FELT AT HOME ATTRIBUTABLE TO THE CUMULATIVE DEVELOPMENT ON BAYSHORE AND ASK YOU TO OPPOSE THE DEVELOPMENT. THOSE THREE IMPACTS ARE SAFETY, IMPACTS ON HOMEOWNERS INSURANCE, THE AVAILABILITY AND COST, AND CHANGING QUALITY OF LIFE. SAFETY PRIMARILY I ALSO LIKE ANOTHER SPEAKER, I'M IN EVACUATION ZONE A. I AM CONCERNED ABOUT THE CUMULATIVE IMPACT OF HAVING MORE PEOPLE IN A DENSE AREA THAT MAKES IT HARDER AND RISKIER TO EVACUATE IN CASES OF EMERGENCY, LIKE THE BACK-TO-BACK HURRICANES WE HAD THIS PAST OCTOBER. I'M CONCERNED ABOUT FLOODING AND STORM SURGE. AGAIN, CUMULATIVE IMPACT OF DEVELOPMENT IN A CONCENTRATED AREA INCREASES STORM SURGE LEADING TO POSSIBLE PERMANENT DAMAGE TO OUR AREA. IMPACT ON HOMEOWNERS INSURANCE, I WAS ALARMED THIS YEAR PERSONALLY TO RECEIVE NOTICE THAT I COULD NOT OBTAIN HOMEOWNERS INSURANCE ON THE PRIVATE MARKET. I HAD TO NAVIGATE THAT PROCESS OF GOING THROUGH CITIZENS WHICH I'M VERY THANKFUL, OF COURSE, THAT THE STATE OF FLORIDA HAS SET UP, BUT EVEN AS A RESPONSIBLE WORKER WHO IS FAIRLY SUCCESSFUL, I'M CONCERNED ABOUT MY ABILITY TO OBTAIN AND AFFORD HOMEOWNERS INSURANCE IN THE FUTURE. THAT'S TO SAY NOTHING FOR MY OLDER NEIGHBORS WHO MIGHT NOT BE WORKING ANYMORE AND THEY MAY NOT HAVE THE SAME ABILITY. MY LAST POINT RELATES TO THE CHANGING QUALITY OF LIFE AS A BAYSHORE RESIDENT. IN THE PAST TEN YEARS, I'VE NOTICED AN INCREASE IN NOISE AND CONGESTION. BAYSHORE IS INCREASINGLY NOISY AND UNFORTUNATELY UNPLEASANT TO LIVE IN, WALK AROUND AND KIND OF BE AROUND. INCREASED TRAFFIC AND AN INCREASE IN THE NUMBER OF LOUD CARS AND MOTORCYCLES THAT JUST ARE KIND OF NATURAL CONSEQUENCES OF DEVELOPMENT MAKE IT REALLY DIFFICULT TO ENJOY MY BELOVED LONG WALKS ON BAYSHORE AND EVEN FRANKLY TO SIT IN MY HOME. MY OFFICE IS ON THE TOP FLOOR OF MY TOWNHOME AND IT FACES BAYSHORE AND IT'S VERY NOISY. AGAIN, A CONSEQUENCE OF DEVELOPMENT. I'D LIKE TO CONCLUDE BY JUST SHARING WHAT I VALUE ABOUT TAMPA IS UNIQUE URBAN EXPERIENCE. I ENJOY BEING A MEMBER OF THE SOUTH OF GANDY COMMUNITY GARDEN. I ENJOY THE OPPORTUNITY TO ATTEND WORLD-CLASS MAJOR LEAGUE SPORTING EVENTS, BEAUTIFUL, GREAT RESTAURANTS. THE HOTELS THAT WE HAVE HERE AND THEN GO SATURDAY MORNING AND MEET MY FRIENDS AND PUT MY HANDS IN THE DIRT AND DIG, PULL UP MY OWN RADISHES, CARROTS, STRAWBERRIES. I REALLY APPRECIATE THE BALANCE BEING HERE. I'M CONCERNED THAT WE'RE LOSING WITH THE CUMULATIVE IMPACT OF DEVELOPMENT ON BAYSHORE, WE'RE NOT MIAMI. WE'RE TAMPA. I'M CONCERNED WITH THE ADDITION, WITH EACH ADDITION OF HIGH-RISE WE LOSE THE CHARACTER THAT MAKES US TAMPA. TREES, GREEN GRASS AND FRESH AIR THAT WE HAVE NOW ARE EASY TO TAKE FOR GRANTED BUT IT BECOMES -- THEY ALL BECOME INCREASINGLY PRECIOUS WITH EACH CONCRETE BLOCK THAT CHANGES THE FACE OF BAYSHORE. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. THAT CONCLUDES PUBLIC COMMENT. NOW WE GO TO REBUTTAL. >> I KNOW IT'S GETTING LATE. TWO REQUESTS. JAKE CREMER FOR THE RECORD. WE'VE BEEN LISTENING TO PUBLIC COMMENT SINCE ABOUT 6:30. I THINK NORMALLY I WOULD GET FIVE MINUTES. I WOULD ASK IF I COULD HAVE 12 MINUTES TOTAL AND WE TAKE A THREE-MINUTE RECESS SO WE CAN GATHER OUR THOUGHTS AND GET OUT OF HERE AS QUICKLY AS POSSIBLE. >>ALAN CLENDENIN: I WOULD MAKE A MOTION FOR 15 MINUTE REBUTTAL CONSIDERING THE AMOUNT OF TESTIMONY WE'VE HEARD TONIGHT. I THINK THAT WOULD BE REASONABLE. >>GUIDO MANISCALCO: IS THERE A SECOND TO THAT? >>LUIS VIERA: I'LL SECOND. >>GUIDO MANISCALCO: THERE IS A SECOND. COUNCILMAN MIRANDA. >>CHARLIE MIRANDA: I WANT TO MAKE SURE, YOU HAVE 15 MINUTES, DOES ANYBODY ELSE HAVE MINUTES ON THE OTHER SIDE? >>GUIDO MANISCALCO: THE MAXIMUM WAS TEN MINUTES WITH THE SPEAKER WAIVER FORM. WE HAVE A MOTION AND SECOND FOR 15 MINUTES. ROLL CALL VOTE. >>LYNN HURTAK: NO. >>ALAN CLENDENIN: YES. >>GWEN HENDERSON: YES. >>LUIS VIERA: YES. >>CHARLIE MIRANDA: NO. >>BILL CARLSON: YES. >>GUIDO MANISCALCO: NO. >>THE CLERK: MOTION CARRIED UNANIMOUSLY -- SORRY, SORRY, SORRY. IT'S 4 OVER 3. IT'S 4 FOR YES AND 3 FOR NO. HURTAK, MIRANDA AND MANISCALCO VOTING NO. >>MARTIN SHELBY: AND THERE WAS A REQUEST TO TAKE A RECESS? YOU HAD ASKED FOR A TIME -- >> IN LIGHT OF THE PUBLIC COMMENT SINCE 6:30, JUST A BRIEF BREAK. >>GUIDO MANISCALCO: WHEN DO YOU WANT THE BREAK, NOW? >> YES, SIR. >>GUIDO MANISCALCO: YOU WANT A THREE-MINUTE RECESS. WE'LL RECESS FOR THREE MINUTES. [ SOUNDING GAVEL ] [RECESS] >>BILL CARLSON: HERE. >>LYNN HURTAK: HERE. >>ALAN CLENDENIN: HERE. >>GWEN HENDERSON: PRESENT. >>LUIS VIERA: HERE. >>CHARLIE MIRANDA: HERE. >>GUIDO MANISCALCO: HERE. >>THE CLERK: WE HAVE A PHYSICAL QUORUM. >>GUIDO MANISCALCO: SO THE MOTION -- YOU HAVE 15 MINUTES REBUTTAL SIR. PLEASE STATE YOUR NAME AND START THE CLOCK. >> THANK YOU, COUNCIL. JAKE CREMER FOR THE RELATED GROUP. I HAVE SEVERAL EXPERTS FOR YOU AND THEN BRING IT IN FOR A CLOSE. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. PLEASE COME ON UP AND STATE YOUR NAME. >> GOOD AFTERNOON OR GOOD EVENING. STEVE HENRY, LINKS AND ASSOCIATES. 33607. YOU HEARD TRAFFIC EXPERT REGARDING TRAFFIC TODAY. ONE OF THEM WAS THE QUEUING AT YSABELLA AND BAY TO BAY AND ALSO THE CUT-THRU TRAFFIC. THE REALITY IS THAT THIS PROJECT WILL SIGNIFICANTLY REDUCE THE TRAFFIC GOING FROM A DAY CARE TO THE 38 CONDOS. ACTUALLY A REDUCTION IN TRAFFIC. IT'S NOT GOING TO INCREASE THE CUT-THRU. NOT GOING TO INCREASE THE QUEUING. IT ACTUALLY WILL DECREASE THOSE. WON'T AFFECT THE CUT-THRU BUT WILL DECREASE THE QUEUING BECAUSE DECREASE THE AMOUNT OF TRAFFIC THAT YOU SEE DURING THE PEAK HOURS. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. YES, SIR, COME ON UP. PLEASE STATE YOUR NAME. >> ARTY SEN REASON TO. KIMLEY-HORN, CIVIL CONSULTANT. 201 NORTH FRANKLIN. QUICKLY TOUCH BASE ON SOME OF THE STORMWATER AND FLOODPLAIN POINTS. THE SITE WILL BE REQUIRED TO RETAIN AND PLANNING ITS STORMWATER COMPLIANCE WITH THE CITY OF TAMPA REQUIREMENTS RESULTING IN DISCHARGE LEVEL SIGNIFICANTLY BELOW PREDEVELOPMENT CONDITIONS. 20 TO 30 PERCENT REDUCTION IN THE RATE THAT CURRENTLY LEAVES THE SITE RIGHT NOW. ADDITIONALLY, THE SITE LOWERS THE IMPERVIOUS AREA OR IN THE POST CONDITION LOWERS IMPERVIOUS AREA THAT IT IS TODAY. THE SITE IS LOCATED WITHIN THE FEMA FLOOD ZONE AE OF ELEVATION 11. THE SITE WILL BE REQUIRED TO BE AT LEAST ONE FOOT ABOVE THAT BASE LEVEL ELEVATION SIMILAR TO ALL OF THE OTHER TOWERS IN THAT BASE FLOOD. HERE TO ANSWER ANY OTHER QUESTIONS. >>GUIDO MANISCALCO: NO. THANK YOU VERY MUCH, SIR. YES SIR. COME ON UP. STATE YOUR NAME. >> DAVID SMITH, DIRECTOR OF DEVELOPMENT, STEARNS WEAVER MILLER. I HAVE BEEN SWORN. THERE'S BEEN A LOT OF DISCUSSION TONIGHT BY THE EXPERT THAT'S BEEN PROVIDED BY ALTURA AND THE GARDENS. THERE IS A SIMILAR THING THAT PERMEATES ALL THE DISCUSSION. IT IS A MISUNDERSTANDING OF THE COMPREHENSIVE PLAN, THE LAND DEVELOPMENT CODE, THE CONSISTENCY MATRIX. YOUR STAFF -- FOUND BOTH OF THESE CONSISTENT WITH THE COMPREHENSIVE PLAN AND ALSO CONSISTENT WITH THE LAND DEVELOPMENT CODE. THE REASON YOU HAVEN'T SEEN IN THE STAFF REPORT ALL THE THINGS THAT THEIR EXPERTS REPORT IS BECAUSE THOSE HAVE BEEN EVALUATED AND DETERMINED THEY ARE NOT ISSUES. SO WHAT I WANT TO CLARIFY IS THAT THIS IS A CASE STUDY THAT WAS DONE, THAT WE'VE DONE THAT LOOKED AT IF YOU TOOK THE ASSUMPTION THAT IN R 35 YOU CAN ONLY HAVE 8-STORY BUILDINGS, WHAT THAT IMPACT WOULD MEAN TO EVERY DECISION YOU'VE RECENTLY MADE RELATIVE TO THE WAY THEY HAVE INTERPRETED IT. HERE YOU HAVE R-35, ADALIA BAYFRONT CONDOMINIUM. DEVELOPED AT 10 STORIES. RM 24 AS THEY SAY IN THE REPORT. 24 AND 35 IS THE HIGHEST ZONING YOU CAN HAVE YOU CAN ONLY HAVE FIVE STORIES. CLEARLY THIS IS DEVELOPED AT TEN STORIES. IT'S NOT DEVELOPED AT 50 FEET AND TALL. THE ALTURA, ALTURA IS, HATE TO SAY IT, WE GOT OURS. YOU CAN'T HAVE YOURS. TOO BAD. IF YOU LOOK AT THE COMP PLAN CATEGORY, CMU 35. YOU TAKE THE ASSUMPTION MADE BY THE EXPERT. GO TO THE CATEGORY, IT SAYS RM 24 IS THE EUCLIDEAN ZONING THAT APPLIES. MOST STORIES YOU CAN HAVE, 50 FEET. FIVE STORIES. IT IS NOT APPROVED AT 50 FEET, FIVE STORIES AND IT WAS FOUND CONSISTENT WITH THE COMPREHENSIVE PLAN, CONSISTENT WITH THE LAND DEVELOPMENT CODE. RITZ CARLSON, SIMILAR. R-50. 27 STORIES. 8 STORIES IS WHAT IT SAYS TYPICAL IN THE COMPREHENSIVE PLAN, TYPICAL CATEGORIES, BUT IF YOU GO TO THE CONSISTENCY MATRIX, IT WOULD SAY RM 35 IS THE ZONING CATEGORY. THAT WOULD BE CAPPED AT 120 FEET. CLEARLY THAT DEVELOPMENT IS NOT AT 120 FEET. IT IS OVER 308. SIMILAR -- LASTLY, THE YMCA, SIMILAR ARGUMENTS, RENOVATIONS BEING DONE. PROPOSE PD AMENDMENT. WE WANT TO KEEP THE Y. WE WANT TO BUILD A NEW ONE, SAVE THE HISTORIC USES, SERVE THE COMMUNITY. HERE WE ARE. THEY HAD CC-35 AND DID A COMP PLAN AMENDMENT TO UMU 60. WHEN YOU LOOK AT CC-35, THE HEIGHTS WOULD BE FIVE STORIES. LOOK AT UMU 60, THE MAXIMUM HEIGHT WOULD BE 200 FEET. THE YMCA PROPERTIES WERE APPROVED AT HIGHER THAN 200 FEET. SO WHAT I'M TRYING TO POINT OUT IS THAT WHILE THE EXPERTS THAT THEY HAVE HIRED HAVE LOOKED AT THE CODE, IT'S TYPICALLY ANOTHER PERSON FROM OUT OF TOWN LOOKING AT IT, SAYING THIS IS WHAT THE CODE SAYS. YOUR STAFF HAS LOOKED AT IT, THEY KNOW WHAT THE CODE SAYS. COMP PLAN LOOKED AT BY THE PLANNING COMMISSION. THEY KNOW WHAT IT SAYS. THE STUDIES HERE SHOW THAT PROJECTS THAT HAVE BEEN APPROVED DO NOT FOLLOW THAT LINE OF THINKING IN THEORY. THEREFORE, THESE PROJECTS APPROVED HIGHER THAN WHAT THEY CLAIM THEY WOULD BE CAPPED AT BASED UPON THEIR READING OF THE CONSISTENCY MATRIX. THAT IS ALL BECAUSE I KNOW IT IS A LATE NIGHT. BUT I THINK THAT PERMEATES A LOT OF THE CONVERSATIONS. A LOT OF R-35, YOU CAN'T BE HIGHER. ONE LAST COMMENT I WOULD LIKE TO MAKE, JUST BECAUSE R-35 DOESN'T HAVE A LOT OF HIGH-RISES IN IT DOESN'T MEAN THE COMPREHENSIVE PLAN DIDN'T PROVIDE FOR THEM TO BE THERE. IT JUST MEANS THAT WHEN YOU TYPICALLY PUT A CATEGORY ON A LAND USE MAP, YOU LOOK AT WHAT IS THERE NOW THAT WE NEED TO DESIGNATE IT SO IT'S NOT NONCONFORMING AND TO PROVIDE POTENTIAL GROWTH WHICH IS PROVIDED FOR IN THE STANDARDS THAT ALLOW FOR THE ADDITIONAL HEIGHT THAT'S PROPOSED. GLAD TO ANSWER ANY QUESTIONS, BUT I THINK IT IS SOMETHING THAT NEEDED TO BE SAID IN THE LAST TWO HEARINGS AND TRY TO CLEAR THE RECORD TONIGHT. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. >> JAKE CREMER AGAIN. THE IRONY OF WHAT THE OPPOSING EXPERT HAD TO TELL US IS THAT WE COULD BUILD UP TO AN EIGHT STORY BUILDING. WHAT HE DIDN'T TELL YOU THAT WOULD INCREASE THE IMPACTS ON HIS CLIENT, THAT WOULD DO AWAY WITH THE GRAND TREES ON THE SITE. THAT WOULD LEAVE THE ADJACENT PROPERTY RATHER THAN THE 30-FOOT TALL SYNAGOGUE THAT'S THERE NOW THAT WE'RE GOING TO PUT A DEED RESTRICTION ON. ALLOW US TO GO UP TO 8 STORIES. MUCH, MUCH TALLER. I'M NOT SAYING WE WANT TO DO THIS. THIS IS THE CONTEXT THAT WE'RE LIVING IN AT THE SYNAGOGUE. THIS IS THE CONTEXT WE'RE DEALING WITH -- THIS IS WHERE WE COME FROM. STARTED OUT TONIGHT BY TELLING YOU I WISH WHAT I WAS SHOWING YOU TONIGHT WAS THE FIRST THING YOU SAW. THOSE WEREN'T THE CARDS WE WERE DEALT. IT'S BEEN A LONG NIGHT. IT'S BEEN A SERIES OF LONG NIGHTS. IT'S BEEN THREE LONG YEARS. COUNCIL, I'M HERE BEFORE YOU WITH ABOUT TEN HOURS OF SLEEP OVER THE LAST FEW DAYS. MY DAUGHTER CARMEN WAS BORN. SHE'S GOING TO BE A FOURTH GENERATION TAMPANIA. I WANT HER TO BE PROUD OF THE CITY. THIS BUILDING, THIS IS WHAT WE CAN BE PROUD OF IN THE CITY. IT'S BEEN HARD. WE ARM WRESTLED. WE FOUGHT. WE YELLED. WE ARE THERE. THIS IS IT. THANK YOU. >>GUIDO MANISCALCO: ALL RIGHT. ANYTHING FURTHER, MR. CREMER. ANYTHING FURTHER? THAT'S IT. COUNCIL MEMBER CLENDENIN. >>ALAN CLENDENIN: I HAVE QUESTIONS ABOUT THE DEVELOPMENT THAT I'M NOT SURE OF BECAUSE I HEARD IN THE BEGINNING OF THE DISCUSSION ABOUT TEN FOOT SIDEWALKS ON YSABELLA. DESCRIBE WHAT THE PLAN IS FOR SIDEWALK AND MOBILITY ON YSABELLA AND ALSO ON -- IS IT BARCELONA? WHAT IS THE OTHER STREET? BARCELONA. WHAT IS THE PLAN FOR BARCELONA AND CAN YOU DESCRIBE YOUR SIDEWALK PLAN FOR YSABELLA? >> YES, SIR. >>GUIDO MANISCALCO: AND YOUR WIFE HAD A BABY THIS WEEK? CONGRATULATIONS. >> THANK YOU. COUNCILMAN CLENDENIN, ON BARCELONA, RATHER THAN A FIVE FOOT SIDEWALK ON OUR SIDE WE'LL HAVE A SIX FOOT. ON YSABELLA RATHER THAN FIVE FOOT WE'LL HAVE THE EIGHT FOOT SIDEWALK. AND THIS MAY BE GOING FURTHER THAN YOUR QUESTION, MAYBE NOT. THE CHANGE THAT WE HAD REQUESTED MS. CARPENTER SPOKE ABOUT, MID BLOCK CROSSING HERE AND THE SIDEWALK EXTENSION, SO WHAT WE DID AFTER DISCUSSIONS WITH HER AND THE COMMUNITY MEETING IS WE ADDED A SECOND SIDEWALK EXTENSION A LITTLE BIT FURTHER UP. THIS IS JUST OUTSIDE OF THE PRESBYTERIAN APARTMENTS. WE MOVED THE CROSSWALK UP FURTHER NORTH. >>ALAN CLENDENIN: WHERE DID I GET TEN FOOT? BECAUSE I WROTE DOWN TEN FOOT SIDEWALK. >>GUIDO MANISCALCO: SIX FOOT. >>ALAN CLENDENIN: SIX AND EIGHT YOU SAID? >> YES. >>ALAN CLENDENIN: SIX ON BARCELONA AND EIGHT FOOT ON YSABELLA. >> YES, SIR. >>ALAN CLENDENIN: IS THAT THE ONLY, LIKE, NEIGHBORHOOD BENEFIT THAT'S BEING PROVIDED IN THIS AGREEMENT? >> WE ALSO ARE GOING TO BE RESURFACING BARCELONA AND YSABELLA AFTER THE CONSTRUCTION IS COMPLETED. WE'VE GOT NOTES ON THE SITE PLAN SHOWING WE'LL IMPROVE STREET LIGHTING. THAT WAS ANOTHER ISSUE WE HEARD ABOUT IN OUR COMMUNITY MEETINGS. AGAIN THE MID BLOCK CROSSING, WE THINK THAT IS ESSENTIAL FOR SAFETY BASED ON ALL THE COMMENTS WE HEARD. >>ALAN CLENDENIN: SO STAFF IS PAVING AND STREET LIGHTING INCLUDED IN THE PLAN? >>LaCHONE DOCK: YES. LaCHONE DOCK, DEVELOPMENT COORDINATION. THAT IS CORRECT. THAT IS INCLUDED. THE IMPROVEMENTS THAT HAVE BEEN MENTIONED ARE EITHER NOTATED ON THE SITE PLAN DIRECTLY OR THEY ARE INCLUDED AS A PART OF THE GENERAL NOTES. >>ALAN CLENDENIN: THANK YOU SO MUCH. >>LaCHONE DOCK: ABSOLUTELY. >>GUIDO MANISCALCO: COUNCILMAN MIRANDA. >>CHARLIE MIRANDA: NO, I'M SORRY. >>GUIDO MANISCALCO: COUNCILMAN CARLSON. >>BILL CARLSON: JAKE, CONGRATULATIONS. I DIDN'T EVEN KNOW YOU GUYS -- CONGRATULATIONS. THE CASE STUDY SLIDE THAT WAS PRESENTED A FEW MINUTES AGO HAD THE OPPOSITE IMPACT ON ME BECAUSE THE WAY I LOOK AT IT, JUST BECAUSE SOME PRIOR COUNCIL MADE A MISTAKE DOESN'T MEAN THAT WE SHOULD DO THE SAME THING. CAN YOU PUT BACK -- THAT ACTUALLY HAD THE REVERSE IMPACT ON ME. CAN YOU PUT BACK THE SLIDE OF THE EIGHT STORIES, PLEASE, WITH THE TREES? THE ONE THAT HAS THE WHOLE FOOTPRINT -- THE ONE YOU PUT UP A FEW MINUTES AGO. IN MY MIND -- DO YOU HAVE THAT ONE -- THE ONE THAT SHOWS IF YOU TOOK THE WHOLE FOOTPRINT OF THE LAND. COULD YOU MAKE THE ARGUMENT -- TO ME, THIS IS -- THIS POTENTIALLY IS ONE OF THE COMPELLING ARGUMENTS. BUT COULD YOU MAKE THE ARGUMENT, OKAY, SINCE WE'RE ACCOMMODATING THE GRAND TREES AND KEEPING AND PROTECTING THE SYNAGOGUE, HOW DO ON A SQUARE FOOT BASIS OR HEIGHT BASIS, CAN YOU SHOW ONE FOR ONE, WE HAVE THE SETBACK 20 FEET FOR A TREE SO THAT PUTS US UP ANOTHER TEN FEET OR SOMETHING. WHAT IS THE MATH TO THIS THAT GETS YOU UP TO WHERE YOU ALL ARE? IS THERE A MATH JUSTIFICATION FOR IT? SO WE PROTECT FOUR TREES, BECAUSE OF THAT WE HAD TO GO UP TWO FLOORS. BECAUSE WE PROTECT THE SYNAGOGUE, UP TWO FLOORS. HOW DO YOU GET UP TO THE DOUBLE HEIGHT FROM HERE? >> I THINK, COUNCILMAN, I CAN'T SHOW YOU A MATHEMATICAL FORMULA. BUT, YES, IT'S THE SITE CONSTRAINTS KEEPING IN MIND THAT WE DON'T HAVE ANY WAIVERS, NONE. WE REMOVED ONE PREEXISTING WAIVER. AS YOU ALL KNOW, HOW MANY APPLICATIONS DO YOU SEE WITH NO WAIVERS AND REMOVING WAIVERS? WHEN YOU DO ALL OF THAT AND SHRINK THE FOOTPRINT -- >>BILL CARLSON: DO YOU KNOW WHAT THE SQUARE FOOTAGE OF THIS, VERSUS THIS FOOTPRINT, EIGHT STORIES VERSUS WHAT YOU'RE PROPOSING? >> I DON'T. >>BILL CARLSON: WELL, IN THEORY. SOMEBODY JUST PUT THIS ON A MAP. I'M TRYING TO FIGURE OUT WHAT IS THE MATH RELATED TO IT. THE LAST QUESTION, THIS IS LEGISLATIVE, BUT THE LAWYERS -- THIS IS LEGISLATIVE BUT THE LAWYERS ALSO TOLD US WE SHOULD TREAT IS LIKE QUASI-JUDICIAL AND LOOK AT COMPETENT, SUBSTANTIAL EVIDENCE. IF A HUNDRED PEOPLE IN RED SHIRTS COME AND SAY WE DON'T LIKE BLUE HOUSES, THAT'S NOT COMPETENT SUBSTANTIAL EVIDENCE. THE FACT THAT IT IS A RELIGIOUS PLACE AND THAT IT IS A CERTAIN RELIGION IS NOT COMPETENT SUBSTANTIAL EVIDENCE UNDER THE OTHER TEST. COULD YOU JUST MAKE -- YOU'VE MADE YOUR REBUTTAL BUT COULD MAKE YOUR LAST BEST ARGUMENT FOR WHY MAYBE THIS FOOTPRINT, WHAT YOU'RE PROPOSING IS BETTER THAN THIS FOOTPRINT BUT ALSO WHAT IS THE BEST CASE FOR THE PROPOSAL? I KNOW YOU'RE TIRED AND WE'RE ALL TIRED, BUT THE FINAL BEST CASE FOR IT. >> SURE. SO I WILL SAY I'M ON THE LEGAL SIDE. THIS IS A SETTLEMENT. I DIDN'T WANT TO GET INTO A WHOLE LOT OF LEGAL MUMBO JUMBO TONIGHT. I WILL SAY THERE IS CASE LAW OUT THERE THAT SAYS YOU HAVE TO BE VERY CAREFUL WHEN DEALING WITH RELIGIOUS INSTITUTIONS BECAUSE YOU CAN'T ACCIDENTALLY TREAT THEM DIFFERENTLY. I REVIEWED EVERY DENIAL THAT CITY COUNCIL HAS ISSUED IN THE PAST TEN YEARS. THIS CASE A YEAR AGO IS THE ONLY TIME IN A RESOLUTION THAT COUNCIL HAS EVER USED THE TYPICAL EIGHT STORIES IN A DENIAL FOR A RELIGIOUS INSTITUTION. I'M NOT SAYING ANYONE DID THIS ON PURPOSE. I'M JUST SAYING THE CASE LAW SAYS YOU HAVE TO BE VERY CAREFUL YOU DON'T EVEN ACCIDENTALLY TREAT A RELIGIOUS INSTITUTION DIFFERENTLY. I THINK THE COMP PLAN LANGUAGE, IT SAYS TYPICAL FOR A REZONE. IT SAYS TYPICAL BECAUSE THAT'S WHERE WE START THE CONVERSATION. AND WHAT HAPPENS IS YOU END UP WHEN YOU USE THE WORD TYPICAL -- WHEN YOU END UP WITH -- WHEN YOU USE THE WORD TYPICAL, YOU END UP WITH THIS DEVELOPMENT PATTERN THAT YOU SEE HERE, WHICH TO YOUR POINT, COUNCILMAN, IT ENDS UP WITH EVERY COUNCIL THINKING ABOUT IT DIFFERENTLY. AND THAT'S NOT FAIR TO ANYONE. IT'S NOT FAIR TO LANDOWNERS. IT'S NOT FAIR TO THE NEIGHBORS. IT'S NOT FAIR TO THE COMMUNITY. AND THAT'S A SITUATION WE HAVE UNFORTUNATELY FOUND OURSELVES IN. COUNCILMAN, ONE OF OUR TEAM MEMBERS JUST SHOWED ME A GRAPHIC HERE GOING BACK TO THE EIGHT STORIES. WHAT YOU'RE LOOKING AT HERE IS ROUGHLY 220,000 GROSS SQUARE FEET. AND THEN KEEP IN MIND WE'RE DOWN TO 196. SO WE HAVE SHRUNK THE BUILDING AND MADE IT SMALLER BECAUSE WE THINK THE IMPACTS ARE LESS THAT WAY ON THE ENTIRE COMMUNITY. >>BILL CARLSON: ONE LAST QUESTION. >>CHARLIE MIRANDA: LET ME GO BACK IN HISTORY A LITTLE BIT. >>GUIDO MANISCALCO: WAIT A MINUTE. LET HIM FINISH AND I'LL GO TO YOU. IT'S GOING TO BE CARLSON, CLENDENIN MIRANDA. >>BILL CARLSON: IT'S A LATE NIGHT, BUT IF IT WAS EARLY IN THE NIGHT WE WOULD BE ASKING MORE QUESTIONS. I THINK WE HAVE TO TREAT IT LIKE IT'S EARLY IN THE NIGHT. SORRY EVERYBODY. ONE OTHER THING, JAKE, IS THAT THERE IS THE ARGUMENT MADE THAT INVESTORS, PEOPLE WHO BUY PROPERTY WANT PREDICTABILITY. AND PREDICTABILITY IS WHAT'S IN THE CODE. SO THEY EXPECT, THEY INVEST AROUND A PROPERTY AND WE HAD A LOT OF SINGLE-FAMILY HOMEOWNERS COME HERE TONIGHT, BUT INVEST AROUND A PROPERTY WITH PREDICTABILITY THAT PEOPLE WILL FOLLOW THE CODE AND THE GOVERNMENT WILL FOLLOW THE CODE. IN A CASE LIKE THIS YOU ALL ARE ASKING FOR SOMETHING DIFFERENT THAN WHAT IS PREDICTABLE. SO WHAT'S THE ARGUMENT -- MY LAST QUESTION -- WHAT IS THE ARGUMENT FOR ALL THE PEOPLE EXPECTING PREDICTABILITY AND NOW WE CHANGE THE RULES ON THEM? >> COUNCILMAN, I THINK THIS GOES BACK TO THE BAR CHART I SHOWED EARLIER WHERE IF YOU RECALL WE PLOTTED OUT THE HEIGHTS OF ALL THE DIFFERENT COLORS IN THE BAYSHORE GARDENS NEIGHBORHOOD. WE HAD A STAR. YOU MIGHT RECALL ALMOST ALL OF THOSE HAD A STAR BECAUSE THEY WERE NEAR SINGLE-FAMILY RESIDENTIAL. WHAT THAT TELLS YOU IN THE CITY OF TAMPA, IN SOME CASES, CERTAINLY IN THIS NEIGHBORHOOD, SINGLE-FAMILY IS COMPATIBLE WITH RESIDENTIAL AND WITH THESE TYPES OF RESIDENCES. THAT'S WHAT WE'VE SEEN. THAT IS THE EXISTING DEVELOPMENT PATTERN IN THIS NEIGHBORHOOD. I WANT TO BE CLEAR, IT'S BETTER FOR THAT. IT'S NOT A BAD THING. THIS NEIGHBORHOOD IS BETTER BECAUSE OF THE MIX OF TYPES OF HOUSING. >>GUIDO MANISCALCO: COUNCILMAN MIRANDA, I'LL GO TO YOU FIRST AND THEN COUNCILMAN CLENDENIN. >>CHARLIE MIRANDA: THANK YOU. BACK IN '74 IT WAS DUNCAN, COPELAND SPICOLA PLATT FREEDMAN, BARGEA AND MYSELF. BARGEA WAS THE FIRST FEMALE ELECTED IN 1971 AND IN '74, TWO MORE, JAN PLATT AND SANDY FREEDMAN. THAT MAKES THREE. I REMEMBER THEN, THEN THEY WERE REELECTED IN '75. ONE-YEAR TERM WHEN GRECO LEFT TO GO WORK FOR -- GOT APPOINTED CHAIRMAN WAS CHENEY BECAME THE MAYOR AND HE DIED A FEW MONTHS LATER. THAT'S WHY THEY HAD TO HAVE A SPECIAL ELECTION IN '74. IF MY MIND SERVES ME CORRECTLY, BETWEEN SOMETIME IN '76 TO '79, THIS COUNCIL, THAT COUNCIL I'M TALKING ABOUT, YOU CAN VERIFY THIS, FIND IT IN THE RECORD SOMEWHERE, WE ALLOWED FOUR TO FIVE BUILDINGS TO BE BUILT. THAT WAS IT. NOW HOW MANY DO WE HAVE? IS THAT CHANGE? WHAT IS THAT? USED TO HAVE AN ICONIC DRIVE LIKE NO OTHER CITY HAS. I WANT TO CARE ABOUT TAMPA LIKE THE REST OF US IN THIS ROOM. NOW YOU HAVE MUCH MORE THAN FOUR OR FIVE. LET ME GO BACK TO TRAFFIC. IF YOU GO DOWN BAY TO BAY AND MacDILL, THERE ARE TWO BIG TOWERS THERE THAT HAVE NOT BEEN FILLED BECAUSE THEY ARE NOT OPEN YET, I DON'T BELIEVE. WHAT'S GOING TO HAPPEN THEN? JUST DOWN THE STREET THERE IS A WONDERFUL SCHOOL, GIRLS SCHOOL, ACADEMY OF HOLY NAMES. WONDERFUL. GREAT FOR THE COMMUNITY, GREAT FOR KIDS. GRADUATE BRILLIANT PEOPLE. ONLY PROBLEM IS YOU CAN'T MAKE A LEFT OR A RIGHT BECAUSE IT BACKS UP FROM THERE TO EUCLID AND THAT'S FIVE FOOTBALL FIELDS. THERE'S SOMETHING TO DO ABOUT QUALITY OF LIFE THAT'S NEVER MENTIONED IN ZONING MATTERS. NEVER. MAYBE THAT'S WHY A LOT OF PEOPLE CUCKOO IN THE HEAD. I'M NOT SAYING IT'S ZONING. DON'T GET ME WRONG. RELATED GROUP A WELL-KNOWN COMPANY. DONE VERY WELL FOR THEMSELVES AND THE COMMUNITY AND BUILD GOOD PRODUCT. THAT'S NOT THE CASE. IT'S EITHER GREAT OR NOT SO GREAT AND IT'S NOT ABOUT THE RELATED OR YOU OR THE PUBLIC OR ANYTHING ELSE. IT IS ABOUT THE FACT THAT I SEE WHEN I DRIVE THAT STREET. I DRIVE IT VERY OFTEN. SO NO ONE IS ADDRESSING THE TRAFFIC PROBLEM. NEVER BEEN A TRAFFIC COUNT THAT I KNOW OF IN THE LAST FIVE YEARS, TEN YEARS, WHATEVER. WHAT ABOUT THE FLOODING? I WISH I COULD TELL YOU AND CONTROL AND SAY NO ONE WILL GET FLOODED AGAIN. I CAN'T. I WOULD BE LYING. FIRST OF ALL, WE DON'T KNOW WHAT NATURE IS GOING TO DO ANYMORE. NEVER SIX OR SEVEN HURRICANES COME OUT OF THE GULF. USUALLY MAKE A LAND TURN. THIS TIME MADE A RIGHT-HAND TURN. FURTHERMORE, THE HURRICANE, THE LAST ONE WOULD HAVE GONE 8 MILES, TEN MILES THIS WAY, WE WOULDN'T BE TALKING HERE TODAY. WE WOULD STILL BE UNDER WATER. THE WAY IT CAME, IT TOOK THE WATER OUT OF THE BAY. EVEN THEN HAD WATER GOING OVER THE RAILING THERE. I'M TELLING MYSELF WHERE DOES IT START? DOES IT CONTINUE OR DOES IT STOP? I DON'T KNOW WHICH ONE. YOU KNOW WHAT, I UNDERSTAND AND I'M NOT A LAWYER LIKE YOU GUYS. I'VE LISTENED TO LAWYERS TALK MY WHOLE LIFE. WHEN I WAS IN FINANCE. THREE IN THE FAMILY THAT ARE LAWYERS. I DON'T EVEN TALK TO THEM ABOUT LAW AND THANK GOD THEY DON'T TALK TO ME ABOUT LAW BECAUSE I WOULDN'T UNDERSTAND THEM. BUT THERE'S SOMETHING MISSING IN LIFE WHERE I DON'T KNOW WHERE TO START OR WHAT'S GOOD OR WHAT'S BAD ANYMORE. I HAVE NEVER SEEN A CASE, MAYBE A LEGAL DEPARTMENT, CITY OF TAMPA CAN CORRECT ME, WHERE WE GO AND SEND IT TO AN INDIVIDUAL LIKE A JUDGE. I'M NOT QUESTIONING THE JUDGE ABILITY. DON'T GET ME WRONG. EVERY MOTIVE AGAINST A DEVELOPER THAT I REMEMBER. DOES THE LEGAL DEPARTMENT REMEMBER BEING REVERSED? I'M NOT ASKING YOU TO ANSWER. THESE ARE THE THINGS I SAY AND STARTED LISTENING. ONLY THING I HAVE IS A BALD HEAD AND A GOOD MIND. I JUST DON'T UNDERSTAND A LIFE A LOT MORE THAN I USED TO. WE COME FROM NOTHING. EVERYBODY WAS HAPPY. NOW MOST OF US HAVE A LOT AND NO ONE IS HAPPY. THAT BOTHERS ME. IT REALLY DOES. I DON'T WANT -- I DON'T WANT TO LIVE ON BRICKELL AVENUE. I WANT TO LIVE IN TAMPA LIKE IT WAS UP TO A POINT. USED TO HAVE A STREETCAR THAT WENT ALL THE WAY TO BALLAST POINT PARK. BAYSHORE CHANGED AGAIN. THERE'S NO STREETCAR. PEOPLE THAT REALLY NEED A JOB -- GONE. 50 MILES OF STREETCAR IS GONE. TRANSPORTATION IS NOT COMING BACK. DON'T GIVE A HOOT AND HOLLER BECAUSE YOU CAN'T AFFORD TO PUT IT IN. IT'S A LOSING PROPOSITION UNLESS YOU HAVE LIGHT RAIL OVERHEAD, NOT UNDER. STREETS CAN'T HANDLE IT NO MORE. TRAFFIC CAN'T HANDLE IT NO MORE. NOWHERE IN THE CITY OF TAMPA CAN YOU GO AND SAY I'LL BE THERE IN 15 MINUTES. NOWHERE. IT IS WHAT IT IS AND WE ARE WHAT WE ARE. YOU GUYS TRY TO GET WHAT YOU GAIN AND I UNDERSTAND THAT. BUT THE ICONIC VIEW IS GONE. NOT THAT IT WAS SUPPOSED TO LAST FOREVER. BUT NOW THIS ONE GOES, THE OTHER ONE GOES, WHAT DO WE HAVE LEFT, BRICKELL AVENUE? I DON'T THINK ANYONE IN THIS ROOM WANTS IT TO BE BRICKELL AVENUE. SO I JUST GOT TALKING ABOUT THE ZONING MATTERS. I'M TALKING ABOUT THE QUALITY OF LIFE THAT WE'RE KILLING OURSELVES. NOT ONE OF THESE PROJECTS HAS ANYTHING FOR SOLAR, TO SAVE THE ENVIRONMENT, TO SAVE THE FOOTPRINT, BUT YET WE WANT TO GET APPROVED. NOT ONE. NOT ONE WHERE IT TALKED ABOUT THE ENVIRONMENT. WHAT DO YOU THINK THE HURRICANES ARE COMING FOR, TO MAKE FRIENDS? THEY HAVE NO FRIENDS. THE BAY WAS 2.5 DEGREES WARMER THIS YEAR THAN EVER BEFORE AND IT'S GOING TO GET WARMER. WHAT WE'RE FACING HERE IS A CATASTROPHE. THAT'S ALL I'M GOING TO SAY, MR. CHAIRMAN. >>ALAN CLENDENIN: OKAY. SO, YOU KNOW, THIS IS INTERESTING. I VOTED AGAINST THE PLAN LAST TIME. I WAS GOING TO TELL MY POSITIONS ON IT. DO YOU WANT TO CLOSE IT? MOTION TO CLOSE. >>GWEN HENDERSON: SECOND. >>MARTIN SHELBY: YOU CAN DISCUSS IT AFTER YOU CLOSE THE HEARING. BUT IF YOU HAVE ANY QUESTIONS, YOU'LL HAVE TO REOPEN THE HEARING. WHAT I'M GOING TO SUGGEST IS THERE WERE SOME COMMENTS THAT WERE MADE AND THE QUESTION THAT I HAVE IS WHETHER WE GIVE THE APPLICANT THE LAST WORD BEFORE YOU CLOSE THE PUBLIC HEARING. IF YOU WANT TO CLOSE THE PUBLIC HEARING -- >> NOT NEEDED. >>MARTIN SHELBY: THAT'S FINE. HE WAIVES THAT. >>GUIDO MANISCALCO: WE HAVE A MOTION TO CLOSE AND A SECOND. ALL IN FAVOR? THE HEARING IS CLOSED. >>ALAN CLENDENIN: THE HEARING IS CLOSED. I VOTED AGAINST THIS LAST TIME. A COUPLE OF REASONS WHY I VOTED AGAINST IT WAS THE MASSING, SPECIFICALLY THE MASSING UP AGAINST THE NEIGHBOR TO THE NORTH, THE GARDEN CLUB AND JUST THE GENERAL SCALE OF THE BUILDING. I WILL TELL YOU THAT FOR THIS DESIGN AND OTHER DESIGNS THAT COME IN THE FUTURE, IF YOU'RE ASKING ONE OUT OF SEVEN VOTES ON THIS COUNCIL, HEIGHT IS NOT A FACTOR FOR ME. SO THE HEIGHT OF THIS BUILDING WAS NEVER A FACTOR FOR ME. IT DOESN'T BOTHER ME. I'VE TRIED TO UNDERSTAND PEOPLE'S OPINIONS ON HEIGHT. I DON'T GET IT BECAUSE I THINK YOU'RE WALKING ON THE STREET, UNLESS YOU ARE AT A DISTANCE, YOU CAN'T JUDGE THE DIFFERENCE BETWEEN 15 STORIES AND 25 STORIES. BETTER PERSON THAN I AM IF I'M WALKING ON A SIDEWALK AND KNOW THAT AND THE IMPACT IT HAS ON A NEIGHBORHOOD, I DON'T GET IT. I DO KNOW THE SYNAGOGUE IS AN IMPORTANT CULTURAL ASSET TO THE CITY OF TAMPA. THE ARCHITECTURE, THE MENORAH'S PRESENCE ON THE BAYSHORE IS A SYMBOL FOR PART OF THE DIVERSITY OF THE CITY OF TAMPA AND WHAT WE STAND FOR. I WANT TO MAKE SURE THAT PEOPLE UNDERSTAND THAT IT'S VERY IMPORTANT. I THINK THAT WE ARE VERY -- THIS CITY IS VERY SENSITIVE TO THOSE TYPES OF SYMBOLS AND SYMBOLOLOGY AND WHAT THE CITY OF TAMPA REPRESENTS. I HOPE WE NEVER LOSE THAT BECAUSE IT'S ONE OF THE REASONS I WANTED TO RAISE MY KIDS HERE, WE VALUE THESE TYPE OF THINGS. DIVERSE CITY, VERY INCLUSIVE CITY. I'VE GOT GOOD FRIENDS. THE IRONY IS MOST OF THE FRIENDS IN THIS ROOM ARE GARDEN CLUB FOLKS OR PEOPLE IN SOUTH TAMPA. I WILL I HAVE IN SOUTH TAMPA. I LIVE ON -- I LIVE IN SOUTH TAMPA. I LIVE ON BAYSHORE. THE SCOPE AND SCALE, THERE ARE SEVERAL THINGS ABOUT THE PROJECT. IT'S STEPPED BACK AWAY FROM BAYSHORE BOULEVARD. IT'S SCALED DOWN. IT'S KIND OF -- THOUGHTFUL. I LIKE THE LANDSCAPING. THEY ARE PLANTING ALL THESE LIVE OAK TREES. THE BUILDING IS ABUTTED UP AGAINST WHAT IS CURRENTLY USED. RIGHT NOW THE GARDEN CLUB IS USING THIS. IT IS A GRAVEL AND ASPHALT PARKING LOT WHERE THE BUILDING IS LOCATED. IT'S NOT AGAINST THE WEDDING VENUE. I SAID THIS IN THE FIRST HEARING AND SAY IT AGAIN. NOW WE LOCK THIS PLAN IN PLACE, IT REALLY PROTECTS THE GARDEN CLUB BECAUSE WHAT COULD POSSIBLY COME IN THE FUTURE, IF THE SYNAGOGUE WAS TO GO DEFUNCT, I GUARANTEE YOU THERE'S GOING TO BE A COUNCIL -- I SEE YOU SHAKING YOUR HEAD -- THERE'S GOING TO BE A COUNCIL IN THE FUTURE IF THIS LAND WERE TO BECOME AVAILABLE THAT THIS PROPERTY WOULD BE DEVELOPED MORE INTENSE THAN IT IS CURRENTLY BEING PROPOSED. WE HAVE TO TRUST OUR STAFF. THE PLANNING COMMISSION HAS SAID IT IS COMPATIBLE. CITY STAFF SAYS IT IS COMPATIBLE. THERE ARE NO WAIVERS. THE SETBACKS ARE ALL APPROPRIATE ON THIS PLAN. IT'S FULLY PARKED. THEY HAVE HUNDRED PERCENT TREE RETENTION. NO BONUSES ASKED FOR. CLOSE TO A COMMERCIAL CORRIDOR. BY THE WAY, IT'S ONLY 38 RESIDENTS. THIS IS NOT A REALLY INTENSIVE COMPLEX WHAT WE'VE SEEN WITH SOME OF THE OTHER DEVELOPMENTS WE'VE APPROVED. IT'S ONLY 38 UNITS COMPARED TO SOME OF THE OTHER STUFF WE'VE BEEN DEALING WITH. 38 RESIDENTS. THEY ARE GOING TO BE WALKING. THEY ARE GOING TO BE GOING TO THE COMMERCIAL AREAS. WE HAVE RESTAURANTS NOW AT BAY TO BAY AND YSABELLA. WE HAVE RESTAURANTS ALONG BAY TO BAY PEOPLE CAN WALK TO. THIS IS AN URBAN AREA THAT PEOPLE CAN WALK AND ENJOY WALKING IN. YOU HAVE THE FRED BALL PARK THERE. I THINK THIS IS AN ENHANCEMENT. I KNOW PEOPLE WOULD DISAGREE WITH THAT. I FIND IT IRONIC THAT PEOPLE WHO LIVE IN HIGH-RISES ARE COMPLAINING ABOUT OTHER HIGH-RISES. ONE QUOTE OF THE NIGHT, GOD HELP ME FOR QUOTING THEM. NEVER DO IT AGAIN, JOE ROBINSON. MITIGATE OR LITIGATE. THAT'S WHERE WE ARE RIGHT NOW TONIGHT. THIS IS NOT THE FIRST AND SECOND HEARING WHAT WE HEARD TODAY. THIS IS A LEGISLATIVE PROCESS THAT HAS BEEN PUT IN PLACE IN THE STATE OF FLORIDA TO REACH AN AGREEMENT BETWEEN GOVERNMENT AND A PRIVATE ENTITY WHEN THERE HAS BEEN A DISAGREEMENT OR BEEN AN ACTION THAT THEY DON'T AGREE WITH. WE HAVE VERY GOOD LAWYERS. WE HAVE VERY GOOD STAFF. THEY SAT DOWN WITH THE APPLICANT TO COME UP WITH A COMPROMISE TO AVOID LITIGATION AND POTENTIAL EXTREME COST TO THE TAXPAYERS OF THE CITY OF TAMPA. WE ALL KNOW WHERE WE LIVE AND HOW THIS SOMETIMES WORKS OUT. AND IN THE INTEREST OF BEING FISCALLY RESPONSIBLE TO THE CITIZENS OF TAMPA AND ENSURING THAT WE MITIGATE POTENTIAL LOSSES, I'M GOING TO SUPPORT THIS COMPROMISE AGREEMENT. THANK YOU. >>GUIDO MANISCALCO: COUNCIL MEMBER HURTAK AND COUNCIL MEMBER VIERA. >>LYNN HURTAK: THAT IS A COP-OUT. IT IS A COP-OUT. COMPLETELY HUNDRED PERCENT COP-OUT BECAUSE THE THING IS YOU CAN'T BE AFRAID OF LITIGATION. WE HAD A VERY CLEAN RECORD. CLEAR. I READ VERY CLEARLY WHAT THE CITY HAD TO RESPOND TO. I'M GOING TO QUOTE. THE SUBJECT PROPERTY IS WITHIN RESIDENTIAL 35 FUTURE LAND USE DESIGNATED RES 35. THIS DESIGNATION SUPPORTS MEDIUM DENSITY RESIDENTIAL USES, INCLUDING MULTIFAMILY AND SMALL LOT USES SUCH AS DUPLEXES, CONDOMINIUMS, AND TOWNHOMES. THIS IS A FUTURE LAND USE ISSUE, PERIOD. THE FUTURE LAND USE OF THIS SPOT IS RESIDENTIAL 35. THAT'S WHAT IT IS. THEY WENT TO TRY TO GET IT CHANGED. THEY COULDN'T GET IT CHANGED. THE PLANNING COMMISSION SAID NO. RS-83 IS TOO HIGH. AND THAT'S WHAT THIS IS GOING TO BE. THIS IS GOING TO BE RS-83 ZONING. SO THE HIGHEST AND BEST USE IS -- IN RS-35 IS EIGHT STORIES. TO ME, I THINK THE CITY'S SETTLEMENT IS NOT A SETTLEMENT. IT'S NOT SETTLING ANYTHING AT ALL. IT'S GOING WAY ABOVE AND BEYOND WHAT THE ALLOWABLE IS THERE, AND THIS IS EXACTLY WHAT DEVELOPERS ARE GOING TO DO. IF THEY CAN GET ON THIS, THEY WILL KEEP COMING BACK. THEY WILL START HIGH AND END A LITTLE BIT HIGHER THAN THEY ARE ALLOWED. WE ARE OPENING THE FLOODGATES TO THIS. THE STAFF RECOMMENDATIONS AREN'T LAW. WE SAY -- EVERYBODY KEEPS SAYING, I HEAR COUNCIL MEMBERS SAYING, WELL, STAFF APPROVED IT -- OR APPROVES OF IT. WELL, STAFF IS A RECOMMENDATION. IF STAFF MADE THE RULES, WHY ARE WE HERE? WE'RE ALLOWED. WE ARE THE GRAY. THEY ARE THE BLACK AND WHITE. WE ARE THE GRAY. THIS AGAIN IS A FUTURE LAND USE ISSUE. THOSE HIGH-RISES THAT WERE TALKED ABOUT ARE FUTURE LAND USE R-75. TO ME, NOTHING HAS CHANGED ABOUT THIS. NOTHING. THE HEIGHT, DOESN'T MATTER, BECAUSE IT NEEDS TO BE EIGHT STORIES. THAT'S IT. THAT'S ALL IT'S ALLOWED HERE. BY COMING HERE AND STARTING WITH SOMETHING THAT WAS 29 FEET AND 29 STORIES AND COMING DOWN AND SAYING, OH, WE'RE GIVING YOU A GIFT AT 16 STORIES, THAT'S NOT WHAT IS HAPPENING. THEY ARE FLOUTING OUR RULES. SO I WILL NEVER LISTEN TO YOU -- SERIOUSLY. FUR THE ONE THAT SAYS -- IF YOU ARE THE ONE THAT SAYS WE FOLLOW THE RULES. I'LL MAKE A MOTION TO REJECT THE MEDIATED SETTLEMENT. >>GUIDO MANISCALCO: WAIT. I WANT TO HEAR FROM THE OTHER TWO MEMBERS. >>LYNN HURTAK: I'M NOT DONE. ACCORDING TO THIS WONDERFUL SHEET OF PAPER OR THE REPORT THAT THE CITY LEGAL DEPARTMENT CAME UPON, BASED UPON 15 SAMPLE SITES, THE EXISTING DENSITY IN THE RES 35 DESIGNATED PARCELS LOCATED WITHIN THIS GEOGRAPHICAL AREA IS 14.27 DWELLING UNITS AN ACRE. THIS PROJECT IS 26.7. NOT EVEN CLOSE. ALMOST DOUBLE. >>ALAN CLENDENIN: AGAIN, WHAT I STATED IS MY OBJECTION TO THIS, THE FIRST PLAN WASN'T THE HEIGHT. WASN'T SOME OF THE THINGS YOU CALLED OUT. IT WAS THE MASSING AGAINST THE GARDEN CLUB ON THE NORTH SIDE WHICH I FEEL THEY MITIGATED. THEY PUSHED BACK THAT SETBACK LINE 20 FEET. IF YOU REMEMBER THE SCOPE AND SCALE, THEY HAD THE LARGE CONCRETE BLOCK WALL WITH THE AMENITIES DECK THAT WAS FACING THE NORTH SIDE -- >>LYNN HURTAK: BUT NONE OF THAT MATTERS. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. >>ALAN CLENDENIN: I WANT TO MAKE SURE THAT YOU UNDERSTAND THAT THE DIFFERENCE, WHAT I OBJECTED TO ON THE FIRST ONE IS THIS WAS A SIGNIFICANT CHANGE FROM THAT FIRST PLAN BECAUSE OF HOW IT INTEGRATED WITH THE PROPERTY TO THE NORTH. SO WHAT I FOUND OBJECTIONABLE IN THE FIRST PLAN WAS THE INTEGRATION WITH THE PROPERTY TO THE NORTH. AND THEY HAVE MITIGATED AND COME TO US WITH A PLAN THAT TAKES THAT -- MY ISSUE AWAY ON THIS PARTICULAR ISSUE. I HEAR WHAT YOU'RE SAYING ON THE OTHER THINGS. I HUMBLY DISAGREE. AGAIN, THAT WAS MY ISSUE. WASN'T HEIGHT. IT WAS THE INTEGRATION OF THE GARDEN CLUB ON THE NORTH I HAD PROBLEMS WITH. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. COUNCILMAN VIERA. >>LUIS VIERA: THANK YOU. I COME FROM THIS FROM MY OWN PERSPECTIVE. WE ALL HAVE OUR PERSPECTIVES. I THINK EVERYBODY HERE STATES THEM IN GOOD FAITH AND WITH VIGOR AND ALL THAT. WHEN THIS FIRST CAME TO US, THE FIRST TIME I VOTED NO ON IT BECAUSE I THINK IT WAS WITH ALL DUE RESPECT TO THE APPLICANT A SIZE 38 WAIST IN SIZE 32 PANTS. YOU COME BACK A LITTLE BIT LATER AND A LOT OF THINGS WERE REMEDY AND FIXED THAT I FOUND TO BE VERY, VERY OBJECTIONABLE. ON THESE LAND USE CASES, I TRY TO BE CONSISTENT IN TERMS OF THE THINGS I PUT FORWARD. AND SOMETIMES IT'S NOT THE MOST POPULAR THING, BUT HARRY TRUMAN ONCE SAID I WOULD RATHER BE RIGHT THAN PRESIDENT. I WOULD RATHER BE RIGHT THAN BE DOGCATCHER. I TRY TO DO WHAT I THINK IS RIGHT JUST LIKE ALL SEVEN OF US DO. WE ALL COME FROM DIFFERENT PERSPECTIVES BUT I THINK WE ALL COME FROM GOOD FAITH TO GET THERE AND I CERTAINLY HAVE IS MY PERSPECTIVE. I SAID THIS PROBABLY BEFORE AT THE SECOND HEARING WHEN I VOTED FOR IT, ONE OF TWO FOR THE COMPROMISE, WHICH IS I DON'T LIKE TO WRITE CHECKS THAT ARE GOING TO BOUNCE. I FEEL THAT RIGHT NOW WITH THE FACTS AS I UNDERSTAND THEM, WE HAVE $200 IN OUR BANK ACCOUNT. WE'LL BE WRITING A CHECK FOR HALF A MILLION DOLLARS. THAT'S REALLY HOW I FEEL ABOUT THIS HUNDRED PERCENT. I'M NOT AFRAID OF LITIGATION. I'VE BEEN LITIGATING 21 YEARS. ADMITTED TO THE FLORIDA BAR IN 2003, INSURANCE LITIGATOR. BEEN UP AGAINST BIG FIRMS. STILL AM. STILL WORK. MEDIATE A LOT OF CASES. I KNOW WHAT LITIGATION IS ALL ABOUT. IF YOU HAVE SOMETHING THAT IS RIGHT ON YOUR SIDE THAN YOU GO FORWARD RIGHT? BUT -- AND THAT'S WHAT SOME FOLKS ON COUNCIL GO, WE'RE RIGHT, LET'S GO FORWARD. I THINK THAT THERE WAS GRAY IN THE LAST HEARING. FIRST HEARING WAS BLACK AND WHITE. VOTE NO, GO FORWARD INTO LITIGATION BATTLE FOR THE CITY OF TAMPA. HUNDRED PERCENT THE RIGHT THING TO DO. NEXT ONE I VOTED THE WAY I DID BECAUSE I DON'T WANT TO WRITE CHECKS THAT ARE GOING TO BOUNCE IN TERMS OF HOW I VIEW THINGS. OVER HERE IT'S EVEN MUCH MORE EGREGIOUS FROM HOW I SEE THIS. I THINK IF WE GO FORWARD, IT'S NOT THAT WE'LL HAVE TO SPEND MONEY ON LITIGATION. THAT'S WHAT LAWYERS ARE FOR. THAT'S HOW SO MANY LAWYERS LIVE ON BAYSHORE, BY THE WAY. THAT'S WHAT LAWYERS ARE FOR. AND IF WE HAVE A CASE, LET'S GO FORWARD. BUT I'M NOT GOING TO FOR WHATEVER REASON, GO FORWARD WITH THIS. I'M GOING TO VOTE HOW I'M GOING TO VOTE. AGAIN, THIS IS THE SECOND TIME I'VE DONE THIS. THIS IS THE LAST TRAIN RIGHT NOW BEFORE THE TRAIN LEAVES THE STATION AND IT'S GOING TO GO FORWARD IN LITIGATION. AFTER THIS, WE'RE NOT GOING TO HAVE MUCH MORE CONTROL. THIS IS OUR LAST TIME BECAUSE THERE ARE, AS EVERYBODY IN THE PUBLIC KNOWS, THERE ARE SEQUELS TO THESE THINGS. CITY COUNCIL VOTES IT DOWN AND GUESS WHAT, AND A LOT OF TIMES I VOTED TO VOTE IT DOWN AND PEOPLE GO HOME AND EVERYBODY IS HAPPY BUT THERE ARE SEQUELS. THERE'S ROCKY ONE, ROCKY TWO, ROCKY THREE, ROCKY FOUR, ROCKY FIVE, ROCKY SIX. THESE THINGS JUST DON'T DIE HERE AT CITY COUNCIL. THERE WILL BE A SEQUEL TO THIS IN CIRCUIT COURT. I WON'T TALK ABOUT WHAT WILL HAPPEN THERE BUT CERTAINLY HAVE MY RECKONING ON IT. I'LL VOTE HOW I'LL VOTE. NOT BECAUSE I GO, YAY, MORE CONDOS ON BAYSHORE. LET'S DO THIS. NO, I TOTALLY UNDERSTAND WHERE PEOPLE CAME FROM. WHICH IS WHY WHEN I HAD SOMETHING TO HANG MY HAT ON IN THE FIRST HEARING, I SAID NO. I SAY ON THESE KIND OF DECISIONS WHERE YOU HAVE LEGAL ACCOUNTABILITY, WE HAVE A STOOL AND HAVE TO HAVE LEGS TO SUPPORT THAT STOOL. WHERE I DON'T SEE LEGS TO SUPPORT THAT STOOL I'M NOT GOING TO SAY THERE IS A FULLY FUNCTIONING STOOL BECAUSE WHEN WE SIT ON IT, WE'RE GOING TO FALL. THAT'S WHAT I SAY. AGAIN, EVERYBODY COMES FORWARD WITH THIS IN GOOD FAITH THROUGH THEIR OWN PERSPECTIVE. EVERYBODY HERE WANTS TO WORK FOR THE BETTERMENT OF THE CITY. EVERYBODY HERE HAS THEIR OWN PERSPECTIVE AND I RESPECT EVERYBODY'S VIEW. THANK YOU. >>GUIDO MANISCALCO: COUNCIL MEMBER HENDERSON. >>GWEN HENDERSON: THANK YOU, CHAIR. I THINK TO START OUT, IT'S NOT A SURPRISE THAT I ACTUALLY DID SUPPORT THIS THE LAST TIME. IT WAS 5-2 AND I WAS ONE OF THE SUPPORTERS. I'M A SUPPORTER AGAIN TODAY. I DO FIND IT APPROPRIATE. I DO AGREE THAT IT IS CONSISTENT. I LIKE THE COMPROMISE THAT WENT THROUGH THE SPECIAL MAGISTRATE PROCESS AND PROCEEDINGS. AND FOR ME, I HAVE TO STEP OUTSIDE OF SOUTH TAMPA TO COME BACK IN. WHEN IT COMES TO DECISIONS THAT ARE MADE UP HERE. SOUTH TAMPA KNOWS HOW TO FIGHT. THAT'S FOR SURE, WHETHER YOU'RE FOR IT OR AGAINST IT YOU KNOW HOW TO COME IN VERY, VERY LARGE NUMBERS. THERE HAVE BEEN CASES OUTSIDE OF THIS PARTICULAR COMMUNITY AND IN TAMPA HEIGHTS AND INSIDE A RESIDENTIAL AREA, THE STAFF HAS SAID IT'S INCONSISTENT BUT ONLY FIVE RESIDENTS COME SAYING, HEY, I HAVE A SINGLE-FAMILY HOME. I DON'T WANT THIS DENSITY NEXT TO ME, AND THIS COUNCIL WILL APPROVE IT AND IT IS INCONSISTENT AND THEY WILL APPROVE IT BECAUSE THERE ARE NOT ENOUGH FIGHTERS. NOT ENOUGH NOISE OR FOR WHATEVER REASON THEY DECIDE AMONG THEMSELVES THAT THEY DON'T SEE IT THAT WAY AND THEN NOW IN THAT PARTICULAR NEIGHBORHOOD, THE DEPUTY IS GOING TO GO UP NEXT TO A SINGLE-FAMILY -- THE DENSITY IS GOING TO GO UP NEXT TO A SINGLE-FAMILY HOME AND THEY MAY HAVE NOTHING TO LOSE BECAUSE THAT'S JUST THE WAY IT IS. HERE, I DON'T HAVE THE EMOTIONAL CONNECTION TO SOUTH TAMPA. I'M LOOKING AT IT FROM A HOLISTIC STANDPOINT. IT'S NOT EVEN ABOUT REALLY SAVING THE SYNAGOGUE AND THE FINANCIAL PIECE TO ME THAT'S NOT THINGS WE CAN TAKE INTO CONSIDERATION WHEN DECIDING THESE FACTORS IN OTHER CASES. BUT I DO UNDERSTAND IT. I'M HUMAN AND I DO UNDERSTAND IT. I DON'T BELIEVE THAT THE TAMPA GARDEN CLUB IS GOING TO DIE BECAUSE THIS DEVELOPMENT GOES UP. IT'S AN OPPORTUNITY FOR THEM TO REIMAGINE THEMSELVES, TO MAYBE CHANGE THEIR MARKETING BUT I DON'T THINK THEY TAKE OWNERSHIP OF THE 80 STEPS AWAY FROM THEM TO SAY IT SHOULDN'T BE THAT WAY -- DO NOT INTERRUPT ME. DON'T DO THAT. >>GUIDO MANISCALCO: PLEASE STAY QUIET IN THE AUDIENCE. >>GWEN HENDERSON: THANK YOU. THE ONE THING I'M THINKING ABOUT -- >>GUIDO MANISCALCO: PLEASE SILENCE YOUR PHONES. TURN THE VOLUME DOWN. TURN OFF YOUR PHONES. GO OUTSIDE. THANK YOU. >>GWEN HENDERSON: THE LAST THING IS, FOR ME IS THE SIDEWALK MODIFICATION THAT'S COME AFTER WHAT'S BEEN PRESENTED IN THE SPECIAL MAGISTRATE SO THAT MODIFICATION MID BLOCK, SOMETHING LIKE THAT CROSS WALK, I DIDN'T KNOW IF IT NECESSARILY NEEDED SOME SORT OF STUDY OR WHATEVER TO BE ABLE TO DO THAT BUT THAT WAS ANOTHER COMPROMISE THAT THE DEVELOPER IS WILLING TO DO. I'M WILLING TO ACCEPT THAT SIDEWALK MODIFICATION THAT CAN DEFINITELY BENEFIT THE COMMUNITY. I'LL JUST LEAVE IT AT THAT. THANK YOU, CHAIR. >>LUIS VIERA: JUST FOR OUR OWN SAKE, THIS IS MY UNDERSTANDING OF WHAT JUDGE BATTLES DID, PLEASE CORRECT ME IF I'M WRONG, IT'S A MEDIATION WHERE THE CITY ATTORNEY'S OFFICE COMES REPRESENTING THE INTEREST OF CITY COUNCIL AND OUR EXPRESSED INTEREST IN THE DENIAL AND THEN DEALING WITH THE DEVELOPER AND IT IS A BACK AND FORTH MEDIATION WHERE A COMPROMISE IS REACHED AND HE SERVES AS MEDIATOR OR IS IT BECAUSE WHAT I'M ALSO HEARING MORE LIKE AN ARBITRATOR. IT IS A MEDIATOR, RIGHT? >>MARTIN SHELBY: I THINK IT IS APPROPRIATE FOR YOU TO HEAR FROM MS. WELLS. SHE ADDRESSED THIS AT THE OPENING. THIS IS A TWO-STEP PROCESS. 7051 IS RATHER UNUSUAL AND FRANKLY FOR THOSE FAMILIAR WITH MEDIATION. AND KNOW THE RULES OF MEDIATION. THIS IS A SITUATION WHERE THE LEGISLATURE CREATED A PROCESS WHERE THE FIRST HALF TAKEN PLACE TONIGHT, THIS IS THE END OF THE FIRST HALF. JUDGE BATTLES MADE HIS PRESENTATION AND IT WAS PRESENTED TO COUNCIL FOR CONSIDERATION. IF THAT IS REJECTED, IT GOES -- IT TAKES OFF HIS MEDIATOR HAT AND PUTS ON HIS ARBITRATOR HAT AND THEN YOU MIGHT WANT TO TALK TO MS. WELLS. >>LUIS VIERA: THAT'S ALL I NEED, SIR. AT THIS POINT WE'RE AT THE MEDIATOR STAGE. I DON'T WANT TO TAKE UP MORE TIME. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. COUNCIL MEMBER CARLSON, ARE YOU GOING TO SPEAK? >>BILL CARLSON: EVEN THOUGH THIS IS LEGISLATIVE, WE'VE BEEN GIVEN ADVICE TH THAT WE SHOULD USE COMPETENT SUBSTANTIAL EVIDENCE. THAT IS THE FEEDBACK I GOT. >>MARTIN SHELBY: WE FOLLOW THE PROCEDURES TO ENSURE THAT IF THIS DOES GO FORWARD, THE REZONING IS THE PASSAGE OF THE ORDINANCE. IF I MISSPEAK AND MS. WELLS WANTS TO CLARIFY IT MORE SO, SHE'S WELCOME TO DO THAT. BUT THIS IS A LEGISLATIVE MATTER AND CERTAINLY WHAT THAT MEANS, IT'S A FAIRLY DEBATABLE STANDARD. IT CANNOT BE DONE IN A WAY WITHOUT DISCUSSION THAT WOULD MAKE ONE THINK IT WOULD BE ARBITRARY AND CAPRICIOUS. THIS IS NOT A REHEARING OF A REZONING. THIS IS YOUR EVALUATION OF WHAT THE COMPROMISE SETTLEMENT IS AND PASSING JUDGMENT ON THAT AS TO WHETHER IT RESOLVES THE CASE AS THE ORDINANCE BEFORE YOU, IF IT'S COUNCIL'S PLEASURE TO DO SO WOULD STATE. >>BILL CARLSON: YOU'RE SAYING WE SHOULD MAKE POLITICAL STATEMENTS AND NOT PROVIDE -- >>MARTIN SHELBY: NO. I'M NOT SAYING POLITICAL STATEMENTS. THERE ARE ISSUES WITH THIS SETTLEMENT, AS MS. WELLS STATES AND I DON'T WANT TO RESTATE IT AGAIN. IF SHE WANTS TO RESTATE IT, WE CAN CERTAINLY DO THAT. THERE ARE CONSIDERATIONS BEYOND THE REZONING NOW BECAUSE YOU ARE IN A POSITION WHERE LITIGATION, SEVERAL THINGS HAVE BEEN FILED AS MS. WELLS HAS STATED THAT TO ALLOW THIS PROCESS WHICH WAS CREATED BY THE LEGISLATURE IN SECTION 70.51, ALLOWS THAT TO BE STAYED. BUT AS WE SIT HERE TODAY, LITIGATION AND IF YOU WANT TO TALK ABOUT THE CAUSES OF ACTION, THAT COULD BE RELEVANT HAVE BEEN FILED, ARE PENDING AND HAVE BEEN STAYED PENDING THE OUTCOME OF THIS DECISION TONIGHT. I'M NOT SAYING IT IS A POLITICAL DECISION. I'M SAYING IT IS A DECISION THAT YOU HAVE TO WEIGH WHAT THE ALTERNATIVE IS, THE COMPROMISE IS AN ALTERNATIVE TO WHAT THE LITIGATION MAY OR MAY NOT PRODUCE. >>GUIDO MANISCALCO: COUNCIL MEMBER HURTAK WAS NEXT. >>LYNN HURTAK: THANK YOU. SO I MAKE -- I MAKE A MOTION TO REJECT THE MEDIATED SETTLEMENT MAINLY BECAUSE I'M HOLDING IN MY HAND MY MOTION TO DENY THIS PETITION. I DON'T HAVE THE DATE ON HERE. BUT THE LAST TIME YOU CAME. AND THERE ARE 17 DIFFERENT LAND USE POLICIES AND SECTION OF CODE, NONE OF THEM HAVE BEEN ADDRESSED IN THIS. NONE OF THEM. I DON'T KNOW IF MR. SHELBY WANTS ME TO READ THEM OUT LOUD AGAIN. IF YOU RECOMMEND I DO THAT. BUT I DON'T FEEL LIKE ANY OF THEM WERE ACTUALLY ADDRESSED. AND FOR ME, THAT'S WHAT MEDIATION IS, ADDRESSING THE ISSUES COUNCIL ACTUALLY HAD. WITH THE CODE. DO YOU WANT ME TO READ THEM OUT LOUD? I WILL. OR DO YOU WANT ME TO SAY BASED ON THE DENIAL FROM THE LAST TIME, NONE OF THESE WERE CHANGED. >>MARTIN SHELBY: ANYTHING YOU WANT TO ARTICULATE, YOU DO IT. >>LYNN HURTAK: I REJECT THE SETTLEMENT. >>BILL CARLSON: I SECOND IT. THE POINT I WAS TRYING TO MAKE A MINUTE AGO IS WE HAVE TO BASE THIS ON SOME KIND OF EVIDENCE, NOT A POLITICAL VIEW, IN MY OPINION. MOST OF THE EVIDENCE PRESENTED TONIGHT I WOULD PUT IN THE CATEGORY OF POLITICAL. WHAT WE HAVE TO DO IS ULTIMATELY LOOK AT THE EVIDENCE THAT'S OUT THERE. >>ALAN CLENDENIN: POINT OF INFORMATION. >>BILL CARLSON: THERE'S SOMETHING GOING ON. >>ALAN CLENDENIN: FOR LEGAL STAFF, POINT OF INFORMATION. MS. WELLS. I WOULD LIKE TO INQUIRE ON LEGAL STAFF ABOUT THE STATUS OF THE MITIGATION AND WHAT THE LIABILITY IS -- POTENTIAL LIABILITY TO THE CITY. >>MARTIN SHELBY: I WOULD SUGGEST A MOTION TO REOPEN. >>GUIDO MANISCALCO: WE HAVE A MOTION TO REOPEN FROM COUNCILMAN VIERA. DO WE HAVE A SECOND? SECOND FROM COUNCIL MEMBER CLENDENIN. ALL IN FAVOR, AYE. ALL IN FAVOR TO REOPEN, AYE. ANY OPPOSED? >> NAY. >>GWEN HENDERSON: NO. >>LUIS VIERA: YES. >>CHARLIE MIRANDA: NO. >>BILL CARLSON: NO. >>LYNN HURTAK: NO. >>ALAN CLENDENIN: YES. >>GUIDO MANISCALCO: YES. >>THE CLERK: MOTION FAILED WITH HENDERSON MIRANDA CARLSON AND HURTAK VOTING NO. >>LUIS VIERA: I DID THAT BECAUSE COUNCILMAN CLENDENIN WANTED THAT INFORMATION. MR. SHELBY, WITHOUT GIVING US THE QUANTIFIED MONETARY AMOUNTS CAN YOU AT LEAST ANSWER THAT QUESTION BY VIRTUE OF STATING WHAT DAMAGES ARE AVAILABLE TO A PARTY IN A MATTER LIKE THIS? >>MARTIN SHELBY: I'M NOT IN A POSITION TO DO THAT. I WAS NOT PRESENT AT THE MEDIATION. FOR THE PURPOSES OF THE RECORD, AT THE OUTSET YOU HAD MS. WELLS MAKE THE PRESENTATION. SHE INTRODUCED MR. HARVEY WHO IS RESPONSIBLE FOR THE LITIGATION. IF YOU HAVE A QUESTION WITH REGARD TO LITIGATION WHICH, BY THE WAY, THIS IS A SETTLEMENT. SO I SUGGEST THAT'S VERY RELEVANT INFORMATION IF YOU'RE INTERESTED. WELL, THEN, YOU HAVE THE OPPORTUNITY TO INQUIRE. I WOULD THINK THAT IF IT'S PART OF YOUR CRITERIA AND YOUR DELIBERATION, I WOULD JUST THINK THAT SHOULD BE SOMETHING THAT YOU ASK MR. HARVEY AND MY RECOMMENDATION WOULD BE YOU DO IT AS PART OF THE HEARING SO IT'S WITHIN THE RECORD THAT YOU'VE CONTEMPLATED THAT WITHIN THE RECORD. >>LUIS VIERA: [INAUDIBLE] >>GUIDO MANISCALCO: I'LL GO BACK TO -- >>ALAN CLENDENIN: I'LL TRY ONE MORE TIME. MOTION TO REOPEN. BASED ON THE OPINION OF THE CITY COUNCIL ATTORNEY AND PROTECTING THE RECORD -- >>GUIDO MANISCALCO: WE HAVE A MOTION TO REOPEN BY CLENDENIN AND SECOND BY VIERA. ROLL CALL VOTE. >>LUIS VIERA: YES. >>CHARLIE MIRANDA: NO. >>BILL CARLSON: NO. >>LYNN HURTAK: NO. >>ALAN CLENDENIN: YES. >>GWEN HENDERSON: NO. >>GUIDO MANISCALCO: YES. >>THE CLERK: MOTION FAILED WITH MIRANDA CARLSON HURTAK AND HENDERSON VOTING NO. >>GUIDO MANISCALCO: ANYTHING ELSE TO ADD, COUNCILMAN CARLSON? IF NOT, COUNCIL MEMBER HURTAK. >>BILL CARLSON: I THINK THAT THE AMOUNT -- JUST BECAUSE SOMEBODY THREATENS LITIGATION IS NOT A REASON NOT TO PROTECT PROPERTY OWNERS WHO HAVE AN EXPECTATION OF PREDICTABILITY OF WHAT IS HAPPENING IN THE AREA. IF THIS WAS A 20% CHANGE OR A 30% CHANGE, YOU CAN SEE ADDING IT IN, BUT IT'S STILL A HUGE CHANGE. LIKE SOMEBODY SAID BEFORE, THEY START HIGH AND COME DOWN AND MAKES IT LOOK BETTER, BUT IT IS STILL A BIG CHANGE FOR THAT PROPERTY. JUST BECAUSE SOME PREVIOUS COUNCIL MADE MISTAKES IN THE PAST DOESN'T MEAN WE NEED TO FOLLOW THE SAME MISTAKES. I THINK IT'S OUR JOB TO -- THE CITY AND THE PLANNING COMMISSION GO THROUGH MONTHS AND YEARS OF PLANNING TO PUT THESE CODES IN PLACE. AND THEY BUILD CONSENSUS IN THE COMMUNITY AND PEOPLE WHEN THEY BUY PROPERTY, THEY UNDERSTAND WHAT THEY ARE BUYING. THEY ARE BUYING ENTITLEMENTS. IT'S OUR JOB TO PROTECT THOSE ENTITLEMENT. WHEN SOMEBODY WANTS A DIFFERENCE IN ENTITLEMENT, THEN WE HAVE TO LOOK AT THE REASONABLENESS OF IT. IF IT'S A HUGE CHANGE FROM IT THEN IT'S NOT NECESSARILY REASONABLE. I'LL SAY ALSO I'VE BEEN A HUGE SUPPORTER OF -- FROM THE JEWISH COMMUNITY IN THE PAST. IN MY MIND, WE CAN'T CONSIDER THAT. CAN'T CONSIDER WHAT RELIGION OR IF IT IS A CHURCH. IF A CATHOLIC CHURCH WANTS TO BUILD SOMETHING NEXT TO IT, WE CAN'T CONSIDER IT AS AN ASPECT. INSTEAD LOOK AT THE ENTITLEMENTS AND LAND USE AND WHAT'S GOING ON THERE. THE QUESTION NOW IS IF WE REJECT IT, WILL THEY WIN SOME BIG CASE LIKE CITIVEST, I DON'T THINK SO BASED ON THE RECORD WE HAVE. I'M NOT A LAWYER THOUGH. THE OTHER THING IS THAT THEY'LL COME BACK AND GIVE US SOMETHING THAT'S IN BETWEEN AGAIN AND IT WILL BE WITHIN A REASONABLE VARIATION OF WHAT HAS BEEN PROPOSED AND THEN WE CAN APPROVE IT. I WOULD LIKE TO SAY YES ON IT. IF IT WAS SLIGHTLY LESS THAN WHAT'S BEING PROPOSED, I WOULD SAY YES. BUT I THINK THIS IS STILL A LITTLE BIT TOO MUCH. >>GUIDO MANISCALCO: THANK YOU. WE HAVE A MOTION FROM COUNCIL MEMBER HURTAK TO REJECT. THE SECOND WAS FROM COUNCIL MEMBER CARLSON, IS THAT CORRECT? WE HAVE A MOTION AND SECOND. ROLL CALL VOTE. >>ALAN CLENDENIN: NO. >>GWEN HENDERSON: NO. >>LUIS VIERA: NO. >>CHARLIE MIRANDA: YES. >>BILL CARLSON: YES. >>LYNN HURTAK: YES. >>GUIDO MANISCALCO: YES. >>THE CLERK: THE MOTION CARRIED WITH CLENDENIN, HENDERSON, VIERA VOTING NO. >>GUIDO MANISCALCO: CAN I GET A MOTION TO RECEIVE AND FILE? MOTION FROM COUNCILMAN MIRANDA. SECOND FROM COUNCIL MEMBER VIERA. ALL IN FAVOR? AYE. WE ARE ADJOURNED. [ SOUNDING GAVEL ]