The URL can be used to link to this page

09/04/1990 (2) ,'. , "..:',:' ,'. ,~ >' 'j ':""".,' .,~l ...~,.:' ;.,,'" ,.-.~r # I ~., I.'~, , " "\ .......' '. ....... ":. .' '-',',;"'<'~ ;':' .':" ACTION AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, SEPTEMBER 4.1990 .1:30 PM J . I t I l':', ,... ..., ,.j '( "W ~.. D J; L '_, r.. '; 1:., . PLEDGE OF ALLEGIANCE INVOCATION A. .IIm APPROVAl. OF MINUTES 1. August 14, 1990 ACTION SEP 6 1990 Approved . r . < .~.( l' It: .'.. ..'" " .u.... CONDITIONAL USES. ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS. LAND DEVELOPMENT CODE' TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW: THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH. 1. The Chairperson reads from the Public Hearing Notice each item as it is presented. 2. The staff report and pertinent background information are presented. . 5 minutes maximum. 3. Staff presents any supporting written documents. 4. Staff presents any opposIng wrItten documents. 5. The applicant or his representative presents his case. - 5 minutes maximum. 6. Persons who support the application speak. 3 minutss maxImum for soeh IndivIdual; or spokesperson for group - 10 mInutes maximum. 7. Persons who oppose the application speak - 3 mlnutos maximum for each Individual; or spokesperson for group - 10 minutes maximum. B. Persons supporting the application lather than applicant) may speak in rebuttal - 3 minutes maxImum. 9. Persons opposing may speak In rebuttal. 3 minutes maximum. 10. The applicant has an opportunity for final rebuttal - 5 minutes maximum. 11. Public Hearings are closed. , 2. Discussion by the Board. 13. The Board makes a decision. .....,. FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None C. CONDITIONAL USES: 1. M&B 23-01, Sec. 8-29-15 400 Mandalav Avenue John S. Taylor, III and Jean T. Carter IEquitcllJP HotelslHoHday Inn Surfsidel CU 90-57 Contlnuod to Septembor 1 B, 1990 Request - To permit rental of motorized watercraft (tour "waverunner" type watercraf~J Zoned - CR-2S IResort Commerciall. OSIR lOp en Space- Recreation) and ALlC [Aquatic lands-Coastal) P & Z ACTION AGENDA 09/04/90 2. M&B 22-012. Sec. 7.29-16 1626 N. Belcher Road SalvatIon Army CU 90-58 Request - To permit child day care Zoned - PISP (Public/Semi-Publicl_" 3. M&B 14-03. Sec. 17-29-16 2898 Gulf.to-Bay Blvd. D. P. and Maude L. Thompson (Thompson Delaney Partnershipl CU 90-59 Request - To permit outdoor retail sales. displays andlor storage of motor homes Zoned - CG (General Commercial) D. ANNEXATION, ZONING. LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Lots 1-4 and 8-10, Dlk. .C., Belmont Second Addition, located on the carner of Woodlawn Street and Prospect Avenue approximately two blks.. west of Greenwood Ave. and two blks. north of Bellealr (Woodlawn Church of Godl Z 90.04, LUP 90-13 Request - To consider request far amendments to Land Use Plan and Zoning Atlas LAND USE PLAN: FROM: Low Density Residential TO: Public/Semi.Public ZONING ATLAS: FROM: RM.a (Multi-Family Residential) TO: P/SP IPublic/Semi-Publicl P & Z ACTION AGENDA Approved lubJect to the following condltlonl: 11 The outdoor play area shall not be utilized on any day belore 9:00 a.m.: and 21 The requisite occupational license being obtained within .Ix (61 month, of tho dete or this hearing. Approvod subject to the following conditions: 1) Tho lite plen ,hall be modified to show 8 10 ft. wide landscape buffer elang Gulf-ta-Bay Blvd. with thll buffer consisting of 8 row at shrubs pieced 36" apart (on centerl having DR Initial mInimum height of 1 BOO end a mInimum expected holght at maturity of 36", along with one shede troe per eoch forty (40) linear feet of property frontage. IDrlvewflYs and sight dlstence aroas shall not be subject to those requIrements; however. the width of these orDas shell be counted In the tree requirement calculations.) Specles selected for this landscaping shell be approved by both the Director of Planning and Development and the Environmental Manegemant Division Manager. 21 The roqulslte slto plan shall be certified within 6 months. ( APPROVED the request for Lots 1 through 4, DENIED the request ior Lots B through 10. ',,-- 2 09/04/90 :. J.~l I. '.. ...".... : -: .... ..' "."~; . "t". .' _ ~'~ :;. I ;..'.. . ',.. '. . " '" . ',". - '.' "', . 2. Lots 1 0-12, William Brown Sub, and Part of Lots 4-8. Bay Heights Sub., located south of S.R. 60 (Gulf-to-Bay Blvd.) and west of Thornton Road . (Stowell/Past Floridal Z 90-06, PSP 90-12 RCQuest - RevIew of Master RPD Site Plan and Transfer of Development Rights ;ZONING ATLAS: FROM: RM-16 and RM.28 IMulti- Family Resldentiall TO: RPD tResidentlal Planned Developmentl Approved lubJoct to tho 33 condition. al established by tho Developmont Revlow Committee lattached). A. Transfer of Develooment Rfllhts. 3. Land Development Code Amendments Required by the Comprehensive Plan. MotIon for approval rosultod In till voto. 8. AL-I and AL-e Veoetaiive Buffers. C. Redeveiooment of Barrier Islands. D. Community Character in Conditional .!.!w. E. Marina and Marina Facilitv Sitinll , Standards. ( ....;, F. Nuisance Uses. G. landscaoino Standards/Native Veaetation. H, Utilitv Stations and Substations. I. Historic Preservation Ordinance. J. Post-Disaster Redevelooment Variances. K. Bavshore Blvd. as a Scenic Corridor. L. . Develooment Densities Seaward of the CCCL. E. Chairman's Items F, Director's Items G. Board & Staff Comments ....", P & Z ACTION AGENDA Recommended Approval Recommended Approval Recommended Approval Rocommonded Approval Rocommendod Approval Recommended Approval Rocommended Approval Recommended Approval Recommonded Donlnl Recommended Approval Contlnu6d to September 18, 1990 ,I 3 09/04/90 ITEM A. APPROVAL OF MINUTES 1. August 14, 1990 ACTION ., ;\':,.. AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, SEPTEMBER 4, 1990 . 1:30 PM (A_,- ".. PLEDGE OF ALLEGIANCE INVOCATION CONDITIONAL USES. ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS. LAND DEVELOPMENT CODE TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW: THE BOARD FOllOWS THE PROCEDURES OUTLINED BELOW. All TESTIMONY FOR CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH. """ ". ~. ~-4" . 1. The Chairperson reads from the Public Hearing Notice each item as it is presented. 2. The staff report and pertinent background information are presented. - 5 minutes maximum. 3. Staff presents any supporting written documents. 4. Staff presents any opposing written documents. 5. The applicant or his representative presents his case. - 5 minutes maximum. 6. Persons who support the application speak - 3 minutes maximum for each Individual; or spokesperson for group - , 0 minutes maximum. 7. Persons who oppose the application speak - 3 minutes maximum for each Individual; or spokesperson for group . , 0 minutes maKimum. 8. Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes maximum. 9. Persons opposing may speak in rebuttal - 3 minutes maximum. 10. The applicant has an opportunity for final rebuttal - 5 minutes maximum. 11. Public Hearings are closed. 12. Discussion by the Board. 13. The Board makes a decision. FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. B. REOUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None C. CONDITIONAL USES: ~ t 1. M&B 23-01, Sec. 8-29-15 400 Mandalay Avenue John S. Taylor, III and Jean T. Carter (Equitel/JP Hotels/Holiday Inn Surfside) CU 90-57 Request. To permit rental of motorized watercraft (four "waverunner" type watercraft) Zoned - CR-28 (Resort Commercial), OS/R (Open Space- Recreation) and AL/C (Aquatic Lands-Coastal) ( .' ,\~r. P & Z AGENDA 1 09/04/90 ZONING ATLAS: FROM: RM.S (Multi-Family Residential! TO: PIS? (Public/Semj.Public) f. 1,.; , 2. M&B 22-012, Sec. 7.29-16 1625 N. Belcher Road Salvation Army CU 90-58 r-'" [\ , 1-~ , Request - To permit child day care Zoned - PIS? (Public/Semi-PublicI 3. M&B 14-03, Sec. 17.29-16 2898 Gulf-to-Bay Blvd. D. P. and Maude L Thompson (Thompson Delaney Partnership) CU 90-59 Request - To permit outdoor retail sales, displays and/or storage of motor homes Zoned - CG (General Commercial) D. ANNEXATION, ZONING. LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: ".'."., \~ . 1. Lots 1-4 and 8-10, Blk. "C", Belmont Second Addition, located on the corner of Woodlawn Street and Prospect Avenue approximately two blks. west of Greenwood Ave. and two blks. north of Belleair (Woodlawn Church of Godl Z 90-04, LUP 90-13 Request - To consider request for amendments to Land Use Plan and 20ning Atlas LAND USE ?LAN: FROM: Low Density Residential TO: Public/Semi-Public c./ P & Z AGENDA 2 09/04/9() g. landscaoino Standards/Native "eaetation. This proposed amendment clarifies and consolidates street right-at-way, buffer, perimeter and interior landscaping standards, as well as provides for the increased use of native vegetation in meeting landscaping requirements. Increased landscaping requirements along arterial and collector rights-af-way are established, along with more specific requirements concerning size, spacing and type of plant materials. Increased buffering requirements are provided, including the width ot the bufter strip and the height ot the buffer. Also, the size of a parking lot requiring interior landscaping has been reduced. 2. Lots 10-12, William Brown Sub. and Part of Lots 4-8, Bay Heights Sub., located south at S.R. 60 (Gulf-to-Bay Blvd.) and west of Thornton Road (Stowell/Post Florida) Z 90-06, PSP 90-12 t-~ Request - Review of Master RPD Site Plan and Transfer of Development Rights ZONING ATLAS: FROM: RM-16 and ~M.28 (Multi- Family Residential) TO: RPD (Residential Planned Developmentl 3. Land Development Code Amendments Required b)' the Comprehensive Plan. a. Transfer of Develooment Riahts. This proposed amendment establishes policies of the Comprehensive Plan as additional review criteria tor transfers of development rights. b. AL-I and AL-e Veoetative Buffers. This proposed amendment establishes a requirement for creation and maintenance of vegetative buffers along the borders of Aquatic Lands-Interior (AL/I) and Aquatic Lands-Coastal (Al-C) districts to promote improved water quality. c. Redevelooment of Barrier Islands. This proposed amendment establishes density rights for nonconforming land uses on barrier islands, consistent with Comprehensive Plan policies. / \,-, d. Community Character in Conditional Uses. This proposed amendment permits the consideration of "community character" in the issuance of conditional use permits, consistent with Comprehensive Plan policies. e. Marina and Marina Facility Sitinll Standards. These proposed amendments strengthen the specific conditional use permit standards for marina and marina facility approval in accordance with several Comprehensive Plan policies. f. Nuisance Uses. This proposed amendment declares excessive growth or any accumulation or outdoor storage of certain specified materials to be public nuisances. h. Utility Stations and Substations. These proposed amendments establish specific conditional use permit requirements for the construction of public utility facilities in virtually all City districts in accordance with Comprehensive Plan policies and State law. i. Historic Preservation Ordinance. This proposed amendment creates an historic preservation ordinance. (NOTE: This amendment merely establishes a framework for historic preservation efforts, and does not actually designate any areas to be covered by historic preservation regulations.) '--. j. Post-Disaster Redevelooment Variances. This proposed amendment prohibits post.disaster variances to dimensional requirements unless other hardships exist consistent with Comprehensive Plan policies. P & Z AGENDA 3 09/04190 r', 'l~~ ,;' I. Develooment Oensi1ies Seaward of the CCCL. These proposed amendments prohibit the assignment of density to properties seaward of the Coastal Construction Control line in accordance with Comprehensive Plan policies. .,i I. . ~' . k. Bavshore Blvd. as a Scenic Corridor. This proposed amendment strengthens an earlier Commission resolution that established Bayshore Blvd. as a scenic corridor. E. Chairman's Items F. Director's Items G. Board & Staff Comments C~,.;) : '0" &ii~~l () P & Z AGENDA 4 09/04/90 l\1INUTES PLANNING & ZONING BOARD TUESDAY, SEPTEMBER 4, 1990 Members Present: Chairman Johnson, Ms. Nbc.on, Messers. Mazur, Schwab, Hllmilton and Gans r'-". \ Members Excused: Mr. Ferrell Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Chairperson Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of tbis Board to have a record of the proceedings to support the appeal. ITEMS ARE LISTED IN AGENDA. ORDER THOUGII NOT NECESSA"RIL Y DISCUSSED IN TIIA l' ORDER. A. APFROV AL OF MINUTES Motion was made by Ms. Nixon, and seconded by Mr. Mazur, to approve the minutes of August 14, 1990. Motion carried unanimously (6 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None C. CONDITIONA.L USES: 1. M&B 23-01, Sec. 8-29-15, 400 Mandalay Avenue, John S. Taylor, HI and Jean T. Carter (EquitellJP Hotels/Holiday Inn Surfside) CU 90-57 ! {. \..'.,n Request - Zoned - To permit rental of motorized watercraft (four "waverunner" type watercraft) CR-28 (Resort Commercial), OS/R (Open Space-Recreation) and AL/C (Aquatic Lands-Coastal) Mr. Shuford stated that new information had been brought to light for SL'Iff review asked that the Board continue this request. Motion was made by Mr. Schwob, and seconded by Mr. Halnilton, to continue the above request to the September 18, 1990 meeting. Motion carried unanimously (6 to 0). 2. M&B 22-012, Sec. 7-29-16, 1625 N. Belcher Road, Salvation Army, CD 90-58 Request - To permit child day care Zoned - P/SP (Public/Semi-Public) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Captain Tom Overton) Commanding Oflicer of the Cle3nvater Salvation Ann)', applicant, stated the request is to allow them to provide reliable day care for 22 children for both paid and reduced fees. In response to a question by the Board, Capt. Overton stated that they have no problem with the conditions recommended by staff. No persons appeared in support of or in opposition to the above request. ( ~ .- Motion was made by Mr. Schwob, and seconded by Nr. Mazur, to approve the above request subject to the following conditions: 1) The outdoor play area shall not be utilized on any day before 9:00 a.m.; and 2) The requisite occupational license being obtained within six (6) months of the date of this hearing. Motion carried unanimously (6 to 0). P & Z MINUTES 1 09/04/90 r". ( Zoned - CG (General Commercial) 3. M&B 14-03, Sec. 17-29-16,2898 Gulf-to-Bay Blvd., D. P. and Maude L. Thompson, (Thompson Delaney Partnership), CU 90-59 Request - To permit outdoor retail sales, displays andlor storage of motor homes Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Ronald Campbell, of Cruise America, 5959 Blue Lagoon Drive, Miami, FL, stated the company has been in business for 20 years and that most of their business is rental and sale of recreational vehicles. They have been in business in Tampa for over 4 years and have outgrown that facility and would like to do business in Clearwater. In response to questions by the Board, Mr. Campbell stated there will not be any outdoor speakers used, their business consists of 75 % rental and 25 % sales, and that the facility will not be used as a storage lot. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Gans, to approve the above request subject to the following conditions: 1) The site plan shall be modified to show a 10 ft. wide landscape buffer along Gulf-to- Bay Blvd. with this buffer consisting of a row of shrubs placed 36" apart (on center) having an initial minimum height of 18" and a minimum expected height at maturity of 36", along with one shade tree per each forty (40) linear feet of property frontage. (Driveways and sight distance areas shall not be subject to those requirements; however, the width of these areas shall be counted in the tree requirement calculations.) Species selected for this landscaping shall be approved by both the Director of Planning and Development and the Environmental Management Division Manager and 2) The requisite site plan shall be certified within 6 months. Motion carried unanimously (6 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDl\1ENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Lots 1-4 and 8-10, Blk. "e", Belmont Second Addition, located on the comer of Woodlawn Street and Prospect Avenue approximately two blocks west of Greenwood Ave. and two blocks north of Belleair (Woodlawn Church of God), Z 90-04, LUP 90-13 ,<:' f: "1\,.> ". Request - To consider request for amendments to Land Use Plan and Zoning Atlas LAND USE PLAN: FROM: Low Density Residential TO: Public/Semi-Public ZONING ATLAS: FROM: RM-8 (Multi-Family Residential) TO: PISP (Public/Semi-Public) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and stated that two letters of support had been received. Randall Morris, 1089 Nolan Drive, Largo, Pastor of Woodlawn Church of God, stated that this is a small church on a small piece of land and this creates difficulty with parking for their congregation attendance of 150 to 175 people. Rev. Morris stated that the church is interested in purchasing the property in between Lots 1-4 and 8-10 but have not come to an agreement as yet. Rev. Morris added that the church is very involved in the community and felt they have brought on a very positive change to the neighborhood. In response to questions by the Board, Rev. Morris stated Lots 8-10 are needed because they plan an approximate 1,000 sq. ft. addition to the structure and will need as much parking space as possible, and do not plan to pave the parking area. Mr. Shuford advised that the paving requirement can be waived for church uses. l,. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Gans, to approve the above request for Lots 1 through 4 as this request appears to be supported by the Standards for Approval of the Land Development P & Z MINUTES 2 09/04/90 Request - Review of Master RPD Site Plan and Transfer of Development Rights Code Sections 137.015(e), 137.016(e), and to deny the request for Lots 8 through 10 as that portion of the request does not appear to be supported by those Standards for Approval in particular with regard to the compatibility with the surrounding residential uses. Motion carried unanimously (6 to 0). 2. Lots 10-12. William Brown Sub. and Part of Lots 4-8, Bay Heights Sub., located south of S.R. 60 (Gulf-to-Bay Blvd.) and west of Thornton Road, (Stowell/Post Florida), Z 90-06, PSP 90-12 (-. ZONING A'TLAS: FROM: RM-16 and RM-28 (Multi-Family Residential) TO: RPD (Residential Planned Development) Mr. Shuford gave the background of the case and subm.itted, in writing, the staff recommendation. Steve Siebert, 911 Chestnut St., applicant's representative, stated he is representing Post Florida, which is a developer of multi-family developments. Mr. Siebert reviewed the site plan with the Board members pointing out tress that will be saved. Mr. Siebert stated that each tree has been reviewed carefully and the new site plan proposes to save 37 out of the 39 specimen trees on site, there will be a park which they have agreed to maintain, and that parking will be provided in excess of City requirements. Mr. Siebert presented 2 letters of approval from neighbors and asked that the Board approve this request and concur with the Development Review Committee (D.R.C.) recommendations. Terry Crews, 4830 W. Kennedy Blvd., Tampa, FL, stated in regard to the park, there is a 6 ft. chain link fence planned on both sides of the park with only 4-5 parking spaces. In response to questions by the Board, Mr. Crews stated there is no allowance for visitor parking, the project is scheduled to begin in December or January and be completed by February 1992, and that the units will be rentals. Mr. Crews presented slides of other multi-family developments completed by his company. No persons appeared in support of or in opposition to the above request. " f '"',> Motion was made by Mr. Schwob, and seconded by Ms. Nixon, to approve the above request subject to the following conditions as set forth by D.R.C.: 12. 13. 14. I t ,,-. 15. 1. The developer shall be responsible for maintaining the park and public area. A note stating this condition shall be on the site plan prior to certification. 2. The floor slab and grading plan shall be submitted to Public Works for approval prior to certification. 3. All areas of riparian rights shall be shown on the site plan and any portions of these areas not in the City shall have an application for annexation and submitted prior to certification. 4. The developer is responsible for providing appropriate signage for the public parking area. 5. The public parking area shall be redesigned ac;; required by the Traffic Engineer. 6. In the public parking area any trees to be removed, as determined by the Urban Forester, shall be removed by the developer. 7. The timing of the open space recreation and facility fees shall be subject to approval by the City Attorney. 8. The 8" DBH or under trees shall be relocated on the site as per the Urban Forester. 9. The sign will be permitted in the newly dedicated 10-foot right-of-way as per the approval of the Director of Public Works. 10. The site plan must show the location of flood zones prior to permitting as per the flood insurance maps. 11. Subject to Public Works' three conditions as follows: (a) Copies of applications for permits from SWFWMD and DER, if applicable, or subject to the City Engineer's approval (b) A copy of the drainage calculations for storm water detention, (c) Show on the site plan all existing OR #'s for rights-of-way, easements, or vacated rights-of-way. Any grading will require a clearing and grubbing permits. The drive aisle widths and parking area near Garage 12 are subject to approval by Traffic Engineering prior to certification. If the affected trees die, the drive aisle shall be paved to 24 feet in width. All proposed building setbacks, including setbacks between structures, shall be given on the site plan prior to certification. The minimum three (3) foot setback for vehicular areas shall be designated on the site plan prior to certification, or as otherwise specifically waived by Traffic Engineering. P & Z MINUTES 3 09/04/90 16. 17. 18. r."'.. .., 19. 20. 21. ~,. (- ~~f." . f '-.. A note shall be provided regarding minimum width and length of parking spaces, including handicapped spaces, prior to certification. A copy of the approved Pinellas County Public Hedtn Unit Permit is required prior to the issuance of a building permit. Ingress/Egress and a 10-foot Utilities Easement over water mnins, up to and including meters, back flow preventers and hydrants, are required prior to the issuance of the first Certificate of Occupancy. Prior to certification, the Dumpster Requirement Form must be completed and returned to the City Sanitation Department. Prior to issuance of a Certificate of Occupancy, the trash compactor must be visually screened. Provide gates with a minimum 12-foot clear opening to the fronl for access by Sanitation trucks. Maximum use of block for tree dripline due north of Garage 5 and northeast of Garage 4 north of Building 2, west of the 64-inch oak, and Building 5 and Garage 12, pavers in parking and vent in drives shall be provided. 22. Building 1, Building 2, Building 5 or other structures where the roots are to be affected: Stem wall construction shall be used for these structures during building plan review. 23. The pipes to be tunneled shall be of the highest quality pipes in an effort to preserve the trees in the future. 24. The plan for any necessary tunneling shall be subject to approval by the Public Works Department, Engineering and Environmental Divisions, ut the construction stage. 25. The minimum required landscaped exterior buffers shall be designated on the site plan prior to certi fication. 26. The roadway tie in at Thornton and SUite Road 60 is subject to approval by the City and DOT prior to the issuance of a building permit. 27. The developer must identify the number of specimen trees and how many are being saved prior to the City Commission meeting. 28. The plan shall clearly delineate the 25-foot-wide vegetative buffer to be provided from the jurisdictional line to structures or impervious surfaces, as per the City's Comprehensive Land Use Plan, prior to certification. 29. A key for the delineated requisite vehicular interior landscaped areas shall be provided on the site plan, and the figure and percentage of the proposed vehicular interior landscaped areas, prior to certification. 30. Signs and fencing/walls are subject to separate review and permitting processes. 31. The requisite initial building permit shall be procured within one year from date of certification and all requisite certificates of occupancy shall be obtained within three years from the date of certification. 32. The beach area, including buffer and D.E.R. line, shall be designated as a preservation easement area, subject to the approval of Environmental Division. Language for protection/development within this area, as required by Environmental Management, shall be provided on the site plan prior to certification. 33. The related final plat to include the preservation area e.lsement shall be submitted prior to the issuance of the first Certificate of Occupancy for the project. Motion carried unanimously (6 to 0). 3. Land Development Code Amendments Required by the Comprehensive Plan. Mr. Shuford reviewed each amendment and the following action/discussion took place: A. Transfer of Development Rights. Mr. Shuford advised there is no proposal in this amendment, as currently written, to eliminate the requirement that variances not be permitted in transfers of development rights. Discussion ensued with the Board discussing the following: what constitutes visual relief from urban monotony and no variances in regard to transfers of development rights. Motion was made by Mr. Gans, and seconded by Mr. Schwob, to approve the above proposed amendment with the following change: Sec. 136.011. (4) to read as follows" ...creative use of open space and development practices...". Motion resulted in tie vote (3 to 3), with Messers. Johnson, Mazur, and Hamilton voting "nay". B. AL-l and AL-C Vegetative Buffers. Motion was made by Mr. Mazur, and seconded by Mr. Schwob, to approve the above proposed amendment P & Z MINUTES 4 09/04/90 1. Historic Preservation Ordinance. subject to the following addition: Utility construction shall be prohihited within the vegetative buffer except with the approval of the Public Works Department. Motion carried unanimously (6 to 0). C. Redevelopment of Barrier Islands. .f""tH>>. ," Being no discussion on this proposed amendment, motion was made by Mr. Schwob, and seconded by Mr. Gans, to approve the above amendment. Motion carried unanimously (6 to 0). D. Community Character in Conditional Uses. Being no discussion on this proposed amendment, motion was made by Mr. Hamilton, and seconded by Mr. Schwob, to approve the proposed amendment. Motion carried unanimously (6 to 0). E. Marina and Marina Facility Siting Standards. Mr. Shuford relayed information received from the Harbormaster to improve this ordinance. Motion was made by Mr. Schwob, and seconded by Ms. Nixon, to approve the above proposed amendment subject to the following changes: Section 136.025(17)d. shall read "No fuel storage facility or sanitary pump out station shall be located..."; Section 136.025(17)k. shall read "Landside sanitary facilities or sanitary pumo- out stations shall be available..."; and Section 136.026(l8)e. shall read "No fuel storage facility or sanitary pump Ol1t station shall be located... It. Motion carried unanimously (6 to 0). F. Nuisance Uses. Being no discussion on this proposed amendment, motion was made hy Mr. Schwob, and seconded by Mr. Hamilton, to approve the above proposed amendment. Motion carried unanimously (6 to 0). G. Landscaping Standards/Native Vegetation. 1ft... . ~t '''''.!i.'.'. Discussion ensued with the Board members expressing concerns including the following: interior landscape standards, setbacks, and the percentage of palm trees permitted to satisfy the landscaping requirements. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the proposed amendment subject to the following change: Section 136. 023( d) should read "... vehicle use areas with a total paved area in excess of four thousand (4.000) square feet...". Motion carried 5 to I, with Ms. Nixon voting "nay" as she felt the percentage of palm trees permitted to meet landscape requirements should remain 25 percent rather than 50 percent. H. Utilitv Stations and Substations. Being no discussion on this proposed amendment, motion was made by Mr. Hamilton, and seconded by Mr. Schwob, to approve the above amendment. Motion carried unanimously (6 to 0). Being no discussion on this proposed amendment, motion was made by Mr. Schwab, and seconded by Mr. Hamilton, to approve the above amendment. Motion carried unanimously (6 to 0). J. Post-Disaster Redevelopment Variances. Discussion ensued with the Board reaching concensus that disasters should be regarded as hardship circumstances beyond the control of a property owner. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to deny the above proposed amendment. Motion carried unanimously (6 to 0). c.," K. Bavshore Blvd. as a Scenic Corridor. Being no discussion on this proposed amendment, motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above amendment. Motion carried unanimously (6 to 0). P & Z MINUTES 5 09/04/90 1. Development Densities Seaward of the CCCL. ~: ' Mr. Hamilton declared a conflict of interest and declined from discussion of this item. Mr. Shuford advised . that staff has reconunended this item be continued for the purpose making adjustments to this item. C-'. Harry Cline stated he is representing Mr. Hunter and Mr. Hamilton ill regard to this amendment. Mr. Cline discussed at length the history of beach front property ownership on CleaIWater Beach and legal issues related to the same. Anne Garris, spoke about this item, expressing concerns which included the following: the possibility of high rise buildings on the beach, the aesthetics of the entire community, and the transfer of development rights ordinances should not permit any variances. She also felt that the platted lot lines should be used rather than the C.C.C.L. Ms. Garris asked that the Board do something so people cannot continue to build big buildings 80 tbat Clearwater Beach will not be anymore overloaded than it already is. Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to continue the above amendment to September 18, 1990. Motion carried unanimously (5 to 0). E. Chairman's Items F. Director' 8 Items G. Board & Staff Comments Mr. Mazur asked for an update on the Clearwater Beach Blue Ribbon Task Force. Mr. Gans slated that the task force is developing their own plan and will have recommendations for code changes. Ms. Nixon stated that Andy's Auto is open & operating, and noted that the parking lot at Cleveland Plaza is being used to park cars with for sale signs on them, as well as other parking lots throughout the City. Mr. Shuford will report this to the Code Enforcement Division. (""" _'i:"". Mr. Polatty stated there is currently an ordinance underway to allow the Code Enforcement Inspectors to ticket violators which 'Would require them to go to Pinellas County Court rather than the Municipal Code Enforcement Board. Meeting adjourned at 5: 10 p.m. latty, Jr., AICP lanning & Development l./ P & Z MINUTES 6. 09/04/90 ~ '~ ":", '.' .~<' "'~"'; \..',.. .- Z 9()-o~ ) P.sP9()- / ~ c\ BETHEL PRESBYTERIAN CHURCH 2905 Gulf-to-Bay Eoulevard Clea.r1rJater, Florida JJ318 .3 y, /1 The Reverend Louis,G. Novak P.as to r Sept.2,1990 ;'1(' ;'/ Application to City of clearwater Stowell/Post Florida Z 90-06 PSP 90-12 " ~. !' ~.~ The Session members of Bethel Presbyterian Church C,earwater,Fl. wer~ polled on Sunday morning and the following was the resulte -....... The members voted unanimously to approve the request being made by the above named party. 6d. if;... ,j~ /~f(~ Elder EdwBEd R. Grata Sincerely, ~ ~A stated Clerk iii.:, . , . l... . . 1 I' . .. . .'... f ' .'.. ".' ", ",'. '.'... '" ~ . '. ""'" . ."" . '. . .!.,. .' .1.' Z 1()-O ~ - ;:>SP9lJ-/ ;;L r', ~ , TELLURIDE INVESTMENTS, INC. 31608 u.S. 19 North Palm Harbor, FL 34684' Mr. James M. Polatty Planning & Development Director P.O. Box 4748 Clearwater, FL 34618 Dear Kr. Polatty, As owners of Pier I Center, please let this letter serve as our approval for the residential planned deve~opment known as Post Harbour Apartments. After discussing the property with the past property represen- tative, we think it would be a beautiful bay side deve~opment. They have already exhibited a genuine concern for the enviromental sensitive area with their site plan, and we feel they would be excellent neighbors. C...i:.>, :':~:)"~ :~\\.; Mr. Lawrence P. Leahon, President TELLURIDE INVESTMENTS, INC. { ~, " ~p ...... ~ --- _t1~'r'\" 0 +5 01b'A -+vol:! L"s~ !" <l aOMI ~ . ..aU-Ja;J ~~~ l'e~ c::- o \t\ ..g \ I ~ Ii;\.}:, ~,. .N\ 3s"'aH N [l ill c- ....",,-' ... ~?~OJ \ " /,fl. , ~1 .... .. i.."^ ,', '\." , :H ......... \ ,~ i.(L .:i.~:.; . ~~' ,':::t- ~ <) ~ ,,~ ! -:;: ~ > '-";:'" i .I I , .....--' , ... . " n ...., ,:~~ , r, ) ,\ ; . I I i . , , .,1 . \ U ' , ~ ' ::, .fuL);-' ~ ~'^~Vl.1 J CJl--~...~t-,.\. q J ,1 ../\. tJ-OL . j€l~( \ V L\.J()<\\ ' Jl"tth:.<. f"',,-,bjr -t. -::i1'('v11 , (."'.....'; ".. fl .>') Ii C'~,1:1,~ ;,<""" -~(C$"- " ,-4- i c" il,j,W' fi J ., ill'S ; l'1 ") 1. ' )1._. \R.) . i .-1~L UC\ \ (,,[ Itlt)~. i . \. I ~l ) eJ t I.,\-').ch (..\0\ ,:" -" 'Vl> u-'-" ~L{}- .) ..^ '/1 (' <:'J I (~~ ~.t..,,'E:- C Cc l.~~"" ~:~ """.:J.,,\.ll . . .. ,1 t' ! '- ..Iv. ) .-i.J'.........; 1 I ,. (-0 '- \... '.....: ....... \. 3}) ,. 0 \. 'J.,J.1.t.- ~ 1 >: >'(e . J # "\ r. I,{/')~ . . 'I (hJ\t) ..- J \, } \.' . V .. ;) .WiJ..~ ,l2"l hUiA 'Ju~tiu{' l . . \ :4-.,: t \.,.\.u,\ ~ '" . \' ) II' .1, ....: ... ('\L ~ ., j ~y\ ,:1.-.;\'\') (: '.( "" I. I '^~. ' . n.<' .. ..;~ /Jr:' tY. -&'\1- .. I '-I '(..... (.., :....;:;:.... --.j I ',~ I ( J ~:~r t;~..." V'. ~ ;\ ' \J c~"L~l L';'9 (.\.~/l,_ .r L~.t? 1.,~ I c.'.J""'CicL lJ. L:l~J$ ~. i' . ~J ...., .... .1' ..":'''';,.; . :~.".' . ,': - ... .... ~.:":'''.'' '.:. t. . '.t. ..:.' ".,....:;... . S.' '. ",,:' t" '.' !,..' . .~,~.~.. ..... FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NM-U: ( I) DO"RD. COUNCIL, CmU"SSION, AUTHORITY. OR COMMITT EE (,~- V (CCv7 J'7/,"':Jr. -I- 2d~'" ; /Ie I liE nOA RD, COUNCIL. n'>MMISSION, AU rII0R IT Y. OR 'OMMITHE ON \\'11 lOt , SERVE IS ^ UNIT OF: All Y I! ('OUN1V I I CJIlIt.:R I.OCAt AOENCV NAMI! OF I'ULlIICAI. SUIIUIVISIONi {/( e.. (~r~cl -\-e:"'~ Mr I'OSI' ION IS: l^H NAMF.-F1I{Sr NM'lE-M1\Jl>lI: NAME ,. / --1~""'1 ) I fc I.' ''.,! -c: . h'lt. -(.t \ MAt ^[)ORES~ 'J ("': !)I.L t. ') CCllJN n (, ~ . (/ /,/ ( /' / t::'- rI ~ 1,1 F.LE<:I1\'E K A"rOIN1IVE WHO MUST FILE FORM 88 This form i~ for lIse by any person !icrving at the COUlII)', cit)', or ot her local Icvel of government Oil an appointed or elected board, council, colllmission, authority, or COll1l1lillee. II IIpplics cqually 10 mcmhers of advisory IInd non-advisory bodies who are presented with a voting connict of inlerest Ullder Serlinll 112.314.1, F10l ida SIal utes, The requirements of this law are mandatory; altl10ugh the me of this pallicular form is not requircd h'),"law, YOtl are ellt:Olllaged to US~ il in making the disclosure required by law. . . Yom rcsl'onsibilit ics lInder the law wilt'" fand wit h ill1lCaS\ll e ill "hkh YOll have tI conflict 0 f i Illcrc!il will WHY greatly depe ml ing on whether you hold an elc<.:tivc or appoilllivc posiliol1. For this reason, plcl1!ie pay close allention to Ihe instrucliolJs on this form before complcting the Icverse side and filillg lhc form. (,. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112..3143, FLORIDA STATUTES ELECTED OFFJCEHS: A perSOIl holding ekctive counly. municipal, 01 othcrlocal Jlublic oIlier tv! UST ADSlAIN froln \'oting on a measure which il1lHeS to his special privale gttin. Eacl1locClI officer also is plOhibited Irol1l Knowingly voting on a lneasurc which inures to the sJlecial gain or II principal (other than a gO\'CrJllllCIlI Clgcncy) by whom he is rctClincd. In either C<lSe, you should disclose the cOI1f\kl: PRIOI{ TO TIlE VOTE 13EINCi TAKEN by publicly stating to the asscmbly the nature of your interest in the measure on which you arc abslaining frolll \'Ol ing; olld WITI.tIN 15 DAYS AFTER THE VOTE OCCURS by cornpleting and filillg this rorm with the person responsible for rcc<1rding the minutes of [he meeling, who should incorporalc rhe for/11 ill the minutes. APPOINTED OFFlCEHS: A persoll holding appointivc COUllty, ll1unicipal. or othcr local public office MUST ADS'IAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibitcd from knowingly voting 011 a measure which inures 10 the special gain of a principal (other than a governmcnt ngcllcy) by whol1\ he is relained. , A persoll holding an appointive local office olherwise Illay pal ticipalc ill a matler in '....hich he has a conflict of interest, bllt 111l1St disclose the nalure of the conflict before making any allcl:lpt 10 influence the decision by oral or written communication, whether made hy the officer or at his'dircctioll. IF YOU INTEND TO MAKE ANY ATTEtvtPT TO INFLUENCE THE OE::CISION PRIOR TO THE f\tEETING AT \VHICH TI.IE VOTE WILL BE TAKEN: t", .JII sll,ould com~lelc and rile this !orm (bdor~ It,HIking any nttel1l.pt lo.influencethe decision) with Ihe pcrson responsible for recording the IllIllUles or the meeting, who WIll lllcorpornte Ihe lorm In lhe minutes. · A copy or Ihe form should bt: provided iml1lcdiately 10 I he otlter members or the agency. · 'The lorm should be read publicly at the rllcelillg prior to consideration 0 f I he mal ter in which you have a conflict of irlterest. I 11'"" 1(11 IIINf. rAGE I -- . . , IF YOU f\.'IAKE NO ATTEMPT TO INFLUENCE TilE UECISION EXCEPT UY l>lSCUSSION AT TilE MEB..tiNG: · YOII should disclose orally the IIRlme or )'our COnniel in Ihe IIlCil!'ure llcforc parlicipating. · You should comple(c Ihe form and file it wilhin 15 <lays ilflcr Ihc volC oCClIrs wilh lhe persoft responsible for recording the minutes of Ihe mecling, who should incorporale the forl11 ill l~IC minutes. I, ~.q lilt 1 j. DISCLOSURE OF LOCAL OFFICER'S INTEREST (-It~.2-.._. hereby ~isclose ,110' 011 1/; .f- 1/tg .19 9C: . (a) ^ mcasure G\Ille or will come hcl'mc m)' agcncy which (chcck one) __ illlll'culO 111)' special privOlt' gain; or ~. .v .. _ inured 10 Ihe special gain or __"________ , b)' whom I am retained. ; (b) The mcasure berore illY agency allulhe nalurc of my inlcresl ill lhe l1Ieasure is as follows: rYI L-j ~ ~ \. vY\ " f 'j C"J \.. l." ,,.....) ~-. rf (' <"?C:( +j -Ii"? ct -f- r' :5 ./ ( I " l' (11 c:: .-) , is l -fIle-. cr ...1j'C'.,l.-J-e:,c:f j 7 c. c::.c ( (c pr) CJV7 .Ie) ~ l t{~{~!- I, 'i/7 c., cf e/f'1 ;0 ( +/- d t-- (... . cJ tr , v"7C1 t:'l L G t' ~.,. .2jL} I dJ/') {/ /LJ D;-;-;-j;iicd-- -- / - ~~tL NOTICE: UNDER I'HOVISIONS OF FLORID^ STATUTES ~1/20317 (1985), A FAI LURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNOS FOR ANI) l\.IA Y llE PUNISHED BY ONE OR MORE OF THE FOLLOWING: Il\IPEACHt\IENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. (' { ,-.