Details of Cappy's at City Council

For those who were not able to come to the City Council meeting for Cappy's, here is the transcript:

18:12:39 >>JILL FINNEY: Land Development Coordination.
18:12:40 I have been sworn.
18:12:41 We are here on petition Z-07-17 located at 4910 North
18:12:46 Florida Avenue going from CI commercial intensive to
18:12:49 PD planned development with a restaurant use.
18:12:54 The petitioner is proposing to rezone the property to
18:12:57 bring the existing site into compliance with land
18:13:00 development regulation.
18:13:01 The 7,113 square foot site is located in a CI zoning
18:13:06 district and surrounded by a mix of commercial uses to
18:13:09 the north, east, south, with a residential
18:13:11 single-family to the west.
18:13:13 The PD setbacks are as follows: To the north, zero.

18:13:17 South, zero.
18:13:17 East, 18 feet, and to the west, 1-foot setbacks.
18:13:24 20 parking spaces are required, and 12 spaces are
18:13:27 being provided for.
18:13:28 However, these 12 spaces are being provided for in the
18:13:32 existing right-of-way on Florida and on South Avenue.
18:13:42 The petitioner has requested a waiver for the deficit
18:13:45 in these parking space requirements.
18:13:48 The site is currently operating as Cathy's pizzeria
18:13:52 with indoor of 60 feet and 20 feet on the outdoor
18:13:57 patio eating area.
18:14:20 This is CI up and down North Florida Avenue.
18:14:26 Here is an aerial photo.
18:14:30 You can see from the aerial that the existing
18:14:33 structure on the site is consistent with the setbacks
18:14:38 that I have called out.
18:14:45 Here is a photo of the site.
18:14:48 Here is the outdoor seating area.
18:15:05 Directly abutting to the south on Florida.
18:15:10 This is directly across the street on Florida.
18:15:17 This is directly across from Cathy's to the north on
18:15:23 Florida.

18:15:24 And this is right next to that open lot.
18:15:29 Here is the rear of the building.
18:15:35 Some of the waivers being requested, why they are
18:15:38 being requested, because of the existing conditions.
18:15:42 Looking down Florida.
18:15:44 The site is right over here.
18:15:46 And this is looking up Florida.
18:15:54 Land Development Coordination, the landscape, has a
18:15:58 technical objection to the proposed green space
18:16:00 waiver.
18:16:01 They require approximately 1200 square feet of green
18:16:05 space.
18:16:06 And they are requesting a reduction of 685 feet.
18:16:11 They have provided for some green space in their
18:16:17 outdoor seating area, which is actually an enhancement
18:16:20 to what was existing on the site.
18:16:25 And transportation is also objecting to the
18:16:27 maneuvering in the right-of-way on South.
18:16:32 Parking and maneuvering.
18:16:33 That concludes my presentation.
18:16:34 I'm available for questions.
18:16:39 >>GWEN MILLER: Opposition or what?

18:16:41 >>> I do not have any objection from land development.
18:16:46 >>TONY GARCIA: I have been sworn in.
18:17:07 As Ms. Finney already stated request is for a change
18:17:10 from a CI use to a PD, basically for a CG type of use
18:17:15 in this.
18:17:19 Located in the greater Seminole Heights area along
18:17:21 North Florida Avenue, there's the site in question.
18:17:23 As we all know the predominant land use on the
18:17:26 corridor is Florida Avenue and Nebraska Avenue are
18:17:28 heavy commercial 24.
18:17:34 And of course there are a variety of uses both low
18:17:38 density office, all the way to intensive commercial
18:17:40 uses on these particular segments.
18:17:47 Seminole Heights, Ybor City, and West Tampa are all
18:17:50 identified in the comprehensive plan as urban
18:17:52 villages.
18:17:54 The concept of the urban villages are to according to
18:17:57 the future land use Element policy, under urban
18:18:00 villages, the purpose of the -- village concept is to
18:18:05 support uses at a scale with existing development.
18:18:12 Economic redevelopment within these three areas has
18:18:14 been difficult, and potentially development of

18:18:16 existing under utilized parcels.
18:18:21 The three neighborhoods that I talked about are
18:18:23 identified as urban villages, and are redevelopment
18:18:26 areas.
18:18:26 And I stress the word redevelopment.
18:18:28 And encouraged to provide complementary uses to the
18:18:31 central business district which includes commercial
18:18:33 uses.
18:18:34 However, the urban village concept cannot
18:18:36 realistically be brought to fruition in these areas,
18:18:40 when underutilized and blighted commercial parcels,
18:18:44 due to commercial development regulations currently in
18:18:47 place that do not adequately address existing
18:18:49 conditions.
18:18:50 The Florida Avenue corridor is mostly developed with a
18:18:53 mixture of commercial uses.
18:18:55 Many of the existing parcels on this thoroughfare are
18:18:58 utilized, languished for years because of regulatory
18:19:02 constraints.
18:19:03 This case is a class, of the site plan, so the project
18:19:10 cannot technically meet many of the existing code
18:19:12 requirements, giving city staff no current option but

18:19:16 to object to the proposed request.
18:19:19 Hopefully the smart growth low concepts that we are
18:19:21 looking at with the Planning Commission with the City
18:19:26 of Tampa's departments including land development
18:19:29 coordination, smart growth concept such as base zoning
18:19:34 will be able to address issues such as this, the
18:19:37 zoning reform to address the impediments that
18:19:40 currently hamper all of our commercial corridors.
18:19:42 Hillsborough Avenue, and Martin Luther King and Sligh
18:19:48 Avenue as well as these commercial corridors.
18:19:50 Based on the findings of how this particular project
18:19:52 relates to the open village concept, Planning
18:19:54 Commission staff finds it consistent with the
18:19:57 comprehensive plan.
18:20:00 >>GWEN MILLER: Petitioner?
18:20:07 >>STEVE MICHELINI: I'm here on behalf of the Todd
18:20:12 Gabel and Natalie Mandeville.
18:20:15 They are the owners of the property who basically sunk
18:20:17 their life savings in a dream of redeveloping a
18:20:19 restaurant in a redevelopment district.
18:20:22 I think you saw the photograph of what they have done
18:20:25 there already.

18:20:28 One of the problems that you face constantly is a
18:20:33 conflict between technical standard, the redevelopment
18:20:35 standards of the city, and redevelopment districts
18:20:37 where you have no alternatives.
18:20:40 Seminole Heights in particular is extremely
18:20:43 constrained.
18:20:44 This is a side view will go south of the facility.
18:20:49 You see it on the right side.
18:20:51 And the fact that there simply is no room to do
18:20:54 anything other than maneuver in the right-of-way for
18:20:56 the parking spaces.
18:20:58 If you go in for change of use, which is what they
18:21:00 were required to do, or change of occupancy, you are
18:21:04 forced to meet the code.
18:21:05 When you can't meet the code you are forced to come
18:21:07 here in a rezoning to correct it, going through a PD
18:21:10 process, which is time consuming, and expensive.
18:21:14 It characteristically costs tens of thousands of
18:21:17 dollars to go through this process.
18:21:19 And through no fault of theirs.
18:21:20 They are stuck in this process now.
18:21:22 Tried to run a restaurant which is extremely popular

18:21:26 and supported by the neighborhood.
18:21:27 Encouraged by the neighborhood.
18:21:29 Desired by the neighborhood to create those kind of
18:21:31 pedestrian and neighborhood commercial-serving
18:21:34 activities that you can't get to.
18:21:36 And once you have expired all of your funds to do
18:21:40 that, then you are met with reverting back to
18:21:43 something like this at 4602 north Florida which means
18:21:47 your redevelopment will never happen.
18:21:50 Because the incentive for these projects to be
18:21:52 converted back to something that's neighborhood
18:21:55 serving is not there.
18:21:57 The disincentive is there.
18:21:59 You have other areas like this one, 5120 north
18:22:02 Florida, where obviously you don't need clearances for
18:22:07 parking, downtown meet the parking backing standards.
18:22:11 You meet the sidewalk standards because the sidewalk
18:22:12 is on private property.
18:22:13 But, again, these are -- dipping ding are you aware of
18:22:24 any opposition?
18:22:25 >>> I'm not but there are several people that want to
18:22:28 speak.

18:22:29 >>JOHN DINGFELDER: Maybe you want to reserve.
18:22:32 See what happens.
18:22:33 >>> There are certain things we would be asking City
18:22:35 Council to initiate some motions on, to Sarasota the
18:22:38 staff to start looking at specific solutions.
18:22:41 Moreda to do that I think I need to protect the record
18:22:44 to get those items stated clearly as an example of
18:22:48 what difficulties we are facing in the redevelopment
18:22:50 district.
18:22:51 >>GWEN MILLER: Go ahead and state them.
18:22:56 >>STEVE MICHELINI: This is a view from the south at
18:22:58 4910.
18:23:01 And you see on both sides of the street parking backs
18:23:04 directly to the right-of-way. This is looking north.
18:23:07 Basically, you have no alternatives.
18:23:11 You simply cannot meet the code.
18:23:12 When you go to the permit center and faced with trying
18:23:15 to get a commercial site plan approved, you can't do
18:23:17 it.
18:23:19 And folks like Todd and his wife Natalie are simply
18:23:27 stuck.
18:23:28 So that's why they are here.

18:23:29 There's a petition signed which I would like received
18:23:33 and placed in the record by 217 people who are
18:23:36 frequenters of the restaurant.
18:23:38 And I have to assume that half of them are here this
18:23:40 evening in support of that.
18:23:42 [ Laughter ]
18:23:45 [ Applause ]
18:23:45 >>GWEN MILLER: Mr. Michelini, you don't want all 100
18:23:58 to speak, do you?
18:24:00 >>STEVE MICHELINI: No.
18:24:04 Trying to get to that point.
18:24:05 >>GWEN MILLER: Can we have one representative?
18:24:07 >>> There are three specific individuals that would
18:24:09 like to speak on behalf of their individual
18:24:11 neighborhood associations.
18:24:13 Randy Baron is here from Old Seminole Heights, Gary
18:24:14 Elsworth is here from South Seminole Heights, and
18:24:14 Sherry Simons is here from Southeast Seminole Heights.
18:24:22 I would like to call on them to speak about
18:24:24 specifically the difficulties they are having in
18:24:26 attracting viable businesses and making them viable
18:24:30 simply because of the difficulties that they are

18:24:31 having with the permitting and the processing because
18:24:35 of all these waivers.
18:24:36 We simply have no alternative of going to a planned
18:24:39 development, which seeks the number of waivers as you
18:24:41 see before you.
18:24:44 We are here to list basically the supporters.
18:24:46 And I would like to have that received and filed and
18:24:48 call three people forward to speak on behalf of the
18:24:50 project.
18:24:51 >>GWEN MILLER: All right.
18:24:52 I would like those three to come up and speak.
18:24:54 Before you speak, Ms. Saul-Sena.
18:24:56 >>LINDA SAUL-SENA: Thank you.
18:24:57 We had a meeting three months ago about changing the
18:24:59 rules so that there would be easier for people in
18:25:02 historic commercial areas to redevelop.
18:25:05 Almost all of the key people were at that meeting.
18:25:08 We all agreed, the staff agreed, the staff said they
18:25:10 would get on it with zoning.
18:25:13 We are having a workshop on April 1st -- no,
18:25:17 2nd, 3rd and 4th to discuss zoning and I
18:25:22 hope all the council members come and I can't wait to

18:25:25 get this done.
18:25:26 It's making any kind of redevelopment a misery, and we
18:25:28 all agree on it and we just need to move ahead.
18:25:31 I'm happy to see you all again and I am deeply
18:25:34 apologetic that we have to go through this.
18:25:38 >>> Gary Elsworth, president of South Seminole Heights
18:25:41 civic association, and I have been sworn.
18:25:44 Ms. Saul-Sena, thank you for the workshop did you on
18:25:46 the parking workshop.
18:25:47 I don't know if that's the one you are talking about.
18:25:50 But we in Seminole Heights have an uncanny ability to
18:25:53 parley into conversation into a Seminole Heights
18:25:55 issue, and parking and transportation is certainly at
18:25:57 the top of that list.
18:26:01 The neighborhood association greatly supports this
18:26:03 project for all the reasons that you already know.
18:26:05 And, you know, the ironic thing is, if for some reason
18:26:09 this does not pass and the building reverts back to
18:26:12 its previous use, then Mr. Michelini and I should have
18:26:16 gotten together because when came under pretty much
18:26:18 the same work but this is a view of Canuga street.

18:26:28 So you have seen what it looks like on Florida Avenue.

18:26:30 This is what it looks like on the cross streets.
18:26:33 And also this is really the starting point for
18:26:36 redevelopment in Seminole Heights.
18:26:38 And this needs to move forward or it's going to send a
18:26:41 signal to everybody else to stay away from our
18:26:43 neighborhood.
18:26:43 And we thank you for your consideration.
18:26:46 >>GWEN MILLER: Thank you.
18:26:50 >>> Randy baron, 217 west Comanche Avenue, Old
18:26:55 Seminole Heights association, president.
18:26:57 I have been sworn.
18:26:57 Mr. Michelini and Mr. Elsworth pretty much said it
18:27:01 all.
18:27:01 We all know it's torture for some of these business
18:27:04 tows redevelop.
18:27:05 In addition to this business another one tried to
18:27:06 redevelop all at the same time.
18:27:08 It took almost nine months for that 600 square foot
18:27:12 change of use at a garage, turn it into a deli, which
18:27:16 is now open and very popular.
18:27:17 But again it almost bankrupt the proprietor.
18:27:21 We compete with other areas of the city for business.

18:27:25 If this is denied, if any change of use is going to
18:27:29 trigger this kind of process where we have to get
18:27:31 people up and out here -- all in favor clapping.
18:27:39 [ Applause ]
18:27:40 Pretty much no objection I think.
18:27:41 But if we have to do this every time it sends a loud
18:27:43 and strong signal to developers that Seminole Heights
18:27:45 is not redevelopment friendly.
18:27:47 After the challenges, how is the city going to help?
18:27:50 The city needs to help with the road.
18:27:52 The city needs to help with designing.
18:27:54 And we need to figure out a way to get more Cathy's in
18:27:59 Seminole Heights, not less.
18:28:00 And I hope you vote for the petition.
18:28:02 And I thank you for your time.
18:28:08 >>> I'm Sherry Simons, president of Seminole Heights
18:28:14 civic association, 911.
18:28:17 I don't have a whole lot to say because it's all been
18:28:19 said, and you have a long night ahead of you.
18:28:22 The most important thing to me is that it already is
18:28:25 working, that whether or not it's exactly the way that
18:28:30 it should be, it's there.

18:28:33 I never have trouble parking.
18:28:35 I have never been in danger.
18:28:36 Lots of people walk there.
18:28:38 So to me it's an example of how it can work.
18:28:42 And as everybody else has said, if we close them up
18:28:46 and send them away, it's a death sentence for our
18:28:50 area.
18:28:51 It will attract no one.
18:28:53 That's all I have to say.
18:28:55 >>JOHN DINGFELDER: I think the lesson to be learned is
18:28:57 in Seminole Heights don't mess with the coffee or the
18:28:59 pizza.
18:29:01 [Laughter and applause]
18:29:14 >> Don't you love the neighborhood behind you?
18:29:16 >>GWEN MILLER: Mr. Michelini.
18:29:18 >>STEVE MICHELINI: I'm not going to try to top that.
18:29:24 >> This is not a problem just in Seminole Heights.
18:29:26 Mr. Garcia mentioned the bistro earlier they went
18:29:30 through a similar problem trying to develop in West
18:29:32 Tampa, other parts of the city where this is a
18:29:35 problem.
18:29:35 And my time here is limited.

18:29:37 But this is a problem that I have seen come up again
18:29:40 and again and again.
18:29:42 And I hope everyone will stay active and engaged to
18:29:46 make sure the next Cathy's that comes in doesn't have
18:29:50 to go what sounds like a bureaucratic nightmare trying
18:29:53 to figure out how to get all the pieces to fit
18:29:56 together.
18:29:56 We need to figure a way to have a consistent code so
18:30:00 it's user friendly and it's not the kind of experience
18:30:02 that we have had here.
18:30:04 So I'm hoping we will get through that process
18:30:07 quickly.
18:30:09 >>STEVE MICHELINI: I'm not trying to cut anyone off
18:30:11 but certainly if someone else wants to speak they are
18:30:13 welcome to.
18:30:13 But I think that you heard the sentiment of the folks
18:30:16 around there, and the owners.
18:30:19 One of the things that I have committed to this
18:30:21 neighborhood, and some of the other ones as well, that
18:30:24 in these corridor districts, to request staff, at the
18:30:27 close of this hearing, to examine four concepts.
18:30:30 One is relief from impact fees and transportation, in

18:30:33 a redevelopment district. The second one is to look
18:30:36 at the parking standards as they relate to incentively
18:30:41 develop zero lot line construction like on Howard and
18:30:44 Armenia, and obviously on Florida Avenue.
18:30:47 There are a number of areas to look at.
18:30:50 To look at the parks and the landscaping requirements
18:30:53 as they relate to the urban developed areas, and what
18:30:59 kind of alternatives you can utilize that provide some
18:31:02 buffers, but they are not necessarily up on the street
18:31:04 level.
18:31:06 And the fourth thing is to look at change of use and
18:31:09 change of occupancy, which is in the building code,
18:31:12 and construction codes, which started this whole
18:31:14 process and kicked them into the rezoning to begin
18:31:16 with.
18:31:17 Without those kinds of relief, you are going to be
18:31:20 dealing with a number of different applicants come in
18:31:23 here begging for your assistance, and you are going to
18:31:26 have neighborhood associations coming down saying, why
18:31:28 are we making it difficult to redevelop the areas that
18:31:32 truly need redevelopment?
18:31:34 And my commitment to each of them was to work with

18:31:36 them and work with the city staff to try to accomplish
18:31:38 those goals.
18:31:39 So we respectfully request that you make those motions
18:31:41 and approve this project.
18:31:43 >>GWEN MILLER: We need to close the public hearing.
18:31:47 >> So moved.
18:31:47 >>MARTIN SHELBY: If you would just ask if there is
18:31:49 anyone who would like to speak, particularly in case
18:31:51 there was somebody who didn't want the opportunity and
18:31:54 didn't take it.
18:31:54 >>GWEN MILLER: Is there anyone else that would like to
18:31:56 speak on item number 4?
18:31:59 You may speak.
18:32:01 >>LINDA SAUL-SENA: Mr. Michelini, do you have those
18:32:03 things written down, the four concepts?
18:32:05 I would like a copy so we can use to the make a
18:32:08 motion.
18:32:09 >>> Jason ball.
18:32:10 I have been sworn in.
18:32:10 Here on behalf of American serving incorporated, 4847
18:32:15 north Florida.
18:32:16 It's about 250 feet south of this location on the

18:32:18 other side of the street.
18:32:21 We are a land surveying company, and have been in the
18:32:23 neighborhood for a few years now.
18:32:26 We just offer our support as a company.
18:32:32 We are very happy.
18:32:33 Our one recommendation is, if it's possible for the
18:32:36 city to communicate with D.O.T. and DPW, perhaps there
18:32:40 would be some way to have signage on Florida alerting
18:32:44 drivers -- excuse me, I have bronchitis -- of the
18:32:50 situation with vehicles entering the street in close
18:32:53 proximity.
18:32:54 That's all.
18:32:55 Thank you.
18:32:55 >>GWEN MILLER: Would anyone else like to speak?
18:32:59 Need to close.
18:33:00 >> Move to close.
18:33:01 >> Second.
18:33:01 (Motion carried).
18:33:02 >>GWEN MILLER: Do you have an ordinance?
18:33:06 Mr. Reddick, would you read that, please?
18:33:09 >>FRANK REDDICK: Move an ordinance rezoning property
18:33:21 in the general vicinity of 4910 North Florida Avenue

18:33:25 in the city of Tampa, Florida and more particularly
18:33:27 described in section 1 from zoning district
18:33:29 classification CI commercial intensive to PD, planned
18:33:33 development, restaurant, providing an effective date.
18:33:36 >>GWEN MILLER: I have a motion and second.
18:33:37 All in favor of the motion say Aye.
18:33:39 Opposed, Nay.
18:33:39 (Motion carried).
18:33:41 >>LINDA SAUL-SENA: Everybody has done such a fabulous
18:33:45 job of redeveloping your own individual residences,
18:33:47 and the commercial corridors are lagging behind.
18:33:50 And what Mr. Michelini has identified is exactly what
18:33:54 the staff needs to do.
18:33:55 So I would like to make a motion that within 30 days,
18:33:58 under staff reports, that staff respond in writing
18:34:01 with a time line for how quickly we can address the
18:34:05 four issues that Mr. Michelini outlined.
18:34:08 >>GWEN MILLER: All in favor of the motion say Aye.
18:34:09 >>MARTIN SHELBY: Council, I'm sorry.
18:34:11 Just so it is clear.
18:34:12 Mr. Michelini is to reiterate, provide relief from
18:34:18 transportation impact fees.

18:34:20 The second is to provide relief for parking
18:34:24 requirements.
18:34:26 The third is relief for landscaping.
18:34:30 And the fourth is to provide -- what is that?
18:34:36 Change of use and change of occupancy, with regard to
18:34:39 the building code as well.
18:34:41 >> This is specifically in regard to historic
18:34:44 commercial corridors, where the road has been widened
18:34:48 and adjacent to historic neighborhoods.
18:34:50 >>MARTIN SHELBY: And with the issue of that, I believe
18:34:52 you also raised the issue of buildings with zero lot
18:34:55 line.
18:34:56 >>GWEN MILLER: I have a motion and second.
18:34:57 (Motion carried).
18:35:00 >>MARY ALVAREZ: Move to open number 6.
18:35:03 Number 5.
18:35:05 >>STEVE MICHELINI: Thank you very much.
18:35:07 (Cheers and applause).
18:35:14 >>GWEN MILLER: With all of that enthusiasm we need
18:35:22 seats on Thursday night.