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05/07/1992 (2) . CITY COMMISSION MEETING May 7,1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, May 7, 1992 at 6:00 p.m., with the following members present: Rita Garvey Richard Fitzgerald Lee Regulski Sue Berfield Arthur X. Deegan, II Also present: Michael J. Wright M.A. Galbraith, Jr. William C. Baker James Polatty, Jr. Cynthia E. Goudeau Sue Diana Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner City Manager City Attorney Public Works Director Planning and Development Director City Clerk Assistant City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Father Kevin Riley of St. Cecelia's Catholic Church. . In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Pin Awards - None. ITEM #4 - Introductions and Awards Proclamations: Nursery Home Week May 11-15. 1992 Emergency Medical Service Week May 10-16,1992 Public Employee Recognition Week May 4-' 0, 1992 ITEM #5 - Presentations a) Public Works Department - William C. Baker reviewed departmental operations. He also reported on the status of the Stormwater Utility. b) Italian American Club of Greater Clearwater request for support for Christopher Columbus 500 Year Celebration Festival. ' . Angelo Nigro, president, reported the club is planning a 2-3 day celebration and requested any financial assistance the City can give. Consensus was to discuss this request at the next work session. . CCmtg 5/7/92 1 . ITEM 1/6 - Min~te~ of the Reauts( Meeting of ADrU 16. 1992 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of April 16, 1992, 8S recorded and submitted in written summation by the City Clerk to 9ach Commissioner. The motion was duly seconded and carried unanimously. )rEM 117 - Citizens to be heard fe items not on the Aaenda Ron Young, representing the March for Jesus, requested that Cleveland Street be closed on May 23rd in order to allow the march to occur through downtown Clearwater. Concerns were expressed that this was Memorial Day Weekend and the time in which the street would have to be closed would be the peak beach going hours. Several altornatives were suggested. Consensus of the Commission was not to close Cleveland Street and for Mr. Young to work with staff to come up with an alternative route. Three representatives from the Edgewater Drive Homeowners Association expressed concerns regarding the need to deal with repeat offenders of the lot clearing ordinance. There was also a concern regarding garbage cans being left out week to week and a request was made that an ordinance be passed that requires these cans to be removed from the stroet within 24 hours of garbage pickup. Complaints were also lodged regarding vehicles parking on and blocking the street and vehicles being parked on lawns. There was an allegation that license plates are being switched in order to circumvent the ordinance regarding abandoned cars. . Patty Sanphy requested a ban on the sale of CFC-12 freon in cans. She also requested that Phase I of Stevenson's Creek be halted until Phase II is permitted. She expressed concerns about global warming and the destruction of Sabal Palm trees. Lois Cormier, representing the South Clearwater Citizens for Progressive Action, reported that Judge Clair Luten would be attending that organization's next meeting on May 13th and invited all to attend. She complimented the City Manager on the community meetings and requested that work on Pinellas Trails, through Clearwater, move forward. Yacub Bilal, representing the North Greenwood Homeowners Association, welcomed Commissioner Deegan to the Commission and welcomed Commissioner Fitzgerald back. He thanked the Commission for their support of the Streetfest. He reported that a task force of the North Greenwood area is requesting there be no new alcoholic beverage establishments approved in the North Greenwood area. He also requested a status report regarding the reported contaminated soil between Vine and Pennsylvania. The City Manager reported samples were done and there was no contamination. Garth Kennedy indicated he was the reporter who had written the article indicating there was contamination and stated his article was correct. . CCmtg 5/7/92 2 . Discussion ensued regarding whether or not there were contaminants or pollutants on the property and Mr. Kennedy indicated he wanted the Commission to take note and Investigate this problem. Gert Devers stated she appreciated Mr. Kennedy's article and requested the contamination problem be investigated. Stephen Saliga spoke in opposition to the plan regarding downtown issues that was presented to the Commission at a special meeting on April 28, 1992. PUBLJC HEARINGS ITEM #8 - C08G Annual Grantee Performance ReQ,Qrt for 1990/91 - receive public comment (PLD) . The City Manager reported it is being requested this be continued due to some concern regarding the appropriate advertising. A citizen spoke complaining regarding advertisements being placed in the Tampa Tribune. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of May 21, 1992. The motion was duly seconded and carrIed unanimously. . ITEM #9. Public Hearing &. First Reading Ord. #5202-92 - Vacating the easterly 5' of the westerly 10' drainage & utility easement lying in Countryside Tract 56, Unit 2, Lot 41, less northerly 5'(Garrett V92-04)(PW) The applicant has a pool structure which encroaches approximately 1.5 feet into the easement and the decking encroaches an additional 3.3 feet. The City does not have any utilities within this easement. No objections have been raised by City Departments, Florida Power, General Telephone or Vision Cable to this vacation request. ThIS pool was constructed prior to the recently-instigated process whereby impending encroachments are more readily discovered and precluded. Commissioner Fitzgerald moved to approve the subject vacation request. The motion was dulV seconded and carried unanimously. The City Attorney presented Ordinance U5202r92 for first readIng and read it by' title only. Commissioner FItzgerald moved to pass Ordinance #5202-92 on first reading. The motion was duly seconded and upon roll call, the vote was: . CCmtg 5/7/92 3 :' . "Ayes": Regulski, Fitzgerald, Berfield, Doegan and Garvey. "Nays": None. ITEM #10 - Public Hearing & First Readina Ord. #5203w92 - Vacating the N 2' of the S 10' drainage and utility easement lying in Countryside Tract 5, Lot 32, less westerly 5' (Casev V92w06)(PW) The applicant has a pool structure which encroaches approximately 1.0 foot into the easement and the decking encroaches an additional 8.2 feet. The City does not have any utilities within this easement. No objections have been raised by City Departments. Florida Power, General Telephone or Vision Cable to this vacation request. This pool was constructed prior to the recently-instigated process whereby impending encroachments are more readily discovered and prevented. Commissioner Berfield moved to approve the subject vacation request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5203-92 for first feading and read it by title only. Commissioner Berfield moved to pass Ordinance #5203-92 on first reading. The motion was duly seconded and upon roll call, the vote was: . "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #11 - Public Hearing & First Readina Ords. #5207-92. #5208-92 & #5209-92 Annexation. Land Use Plan Amendment to Low Densitv Residential and RS-2 Zoning for property located at 3407 Oak Creek Drive East, Oak Creek at Countryside, lot 10, 1.00 acre (Allmonos A91-05, LUP91-06)(PLD) This request is for annexation of a residential lot addressed as 3407 Oak Creek Drive East, the rear property line of which runs along the y.'est rigt.t-of-way line of McMullen-Booth Road. approximately 1.050 feet south of Curlew Road. The applicant is presently having a new house constructed on his property and has requested annexation in order to obtain City sewer service. The lot is contiguous to the City along its north property line. The land, to the east of the applicant's property, across McMullenwBooth Road, is in the City of Safety Harbor and has been utilized by the County in connection with the widening of McMullen-Booth. The County's Future land Use Plan shows this property as Suburban low Oensity Residential. . CCmtg 517/92 4 . It is proposed to give the applicant's property a Future land Use Plan Designation of Low Density Rosidential and RS-2 zoning. Both of these are the least intense of the City's classifications. RS-2 districts permit two dwelling units per net acre, and require a minimum lot size of 20,000 square feet. The minimum lot dimensional requirements are: minimum depth of 125 feet for lots with double frontage and minimum lot width at setback line of 100 feet. The applicant's lot is just over an acre, has a depth of 250 feet and minimum width of 164.74 feet, aU of which exceed the requirements for RS-2 districts. This application involves an amendment to the County Land Use Plan, therofore, it will be necessary to submit the request to the Pinellas Planning Council for Countywide approval after first reading of the ordinances. Commissioner Berfield moved to approve annexation. a land use plan amendment to low density residential and RS-2 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5207-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5207-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield. Deegan and Garvey. "Nays": None. . The City Attorney presented Ordinance #5208-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #6208-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance 1/5209-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5209~92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #, 2 - Public Hearing ~ Vacating the 5' utility easement lying along the south orODerty line of lot 11. Oak Creek at Countryside. less easterly 5' and westerly 5' subject to County vacating a 5' easement on Lot 10 (Alimonos V92-05HPW) The applicant owns two lots in Oak Creek at Countryside Subdivision. lot 11 \jes within the City, Lot 10 is in County and is the subject annexation request considered in . CCmtg 517/92 5 . Item # 11. A 5 foot easement lies on each side of the common lot line. The applicant is proposing to build a pool and driveway over the existing easement and is requesting the City vacate the 5 foot utility easement lying along the south line of lot 11. The City has no existing facilities within this easement. This petition has been reviewed by the various departments concerned and there are no objections other than the Planning Department requiring a Unity of Title be filed with Pinellas County. The three utility companies and Pinenas County Water have no objections. The County is currently reviewing a similar request for the easement on Lot 10. They propose to take their request to the Board of County Commissioners in June. The City's Public Works Director recommends this request be approved subject to the County's approval of the vacation of the north easement lying in lot 10. Commissioner Fitzgerald moved to approve the subject vacation request subject to the County vacating a 5 foot easement on Lot 10 and that a Unity of Title be filed with Pinenas County. The motion was duly seconded and carried unanimously. ITEM #13 - Public Hearino & First Reading Ords. #5204~92. #5205-92 & #5206-92 Annexation. land Use Plan Amendment to low Oensitv Residential and RS~8 Zonina for property located at 3169 Drew Street, Crystal Heights Sub., Unit 1, Lot 8, 0.22 acres (Tork A91~01, lUP91-01)(PLDJ . The applicant Is requesting annexation of a residential lot addressed as 31 69 Drew Street, located on the south side of Drew Street just west of Bayshore Boulevard. The lot is contiguous to the City along its front and rear property lines. The applicant has requested annexation in order to obtain City sewer service. The property north and south of the applicant's lies in the City and is designated as Low Density Residential on the City's Future land Use Plan with zoning of RS-S. It is proposed the applicant's \ot be given these same designations. RS-8 zoning has a maximum density of 8 dwelling units per net acre, minimum lot area of 5,000 square feet, minimum lot width at setback line of 50 feet, and minimum lot depth of SO feet. The applicant's property is 75 feet wide by 132.14 feet deep, and contains 9,910.5 square feet. Therefore, the applicant's lot area, depth, and width exceed the minimums specified for RS-S zoning. Commissioner Berfield moved to approve annexation, a land use plan am'endment to low density residential and RS-S zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 115204-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5204-92 on first reading. The motion was duly seconded and upon roll call, the vote was: . CCmtg 517/92 6 . "Ayes": Ragulski, Fitzgerald, Barfield. Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5205.92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5206-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski. Fitzgorald, Barfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5206-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5206.92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald. Berfield, Deegan and Garvey. "Nays": None. ITEM #14 - tCont. from 4/16/5)21 Variances to Sign ~~gulations for orooertv IFortune Federal Savings & Loan Assoc) located at 18401 US19N. Levitz Plaza ShODDim) Center, formerly Grant's Plaza, Sec. 20-29.16, M&B 33.02, 33.021 & 33.06 (Homo Shopping/Paxson, SV92-04)(PLDI . The attorney for the applicant has requested this item be continued in order for him to review a recently obtained title search. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of May 21, 1992. The motion was duly seconded and cartied unanimously. ITEM #15 . Variance to Sign Regulations for DrODertv (Suncoast Inn) located at 20162 US 19N, Sever Park, part of Lots 2 & 4 (Menna Suncoast Inn Partnership SV92-05){PLD) The applicant is requesting a variance to the sign regulations to permit an existing nonconforming pole (free-standing) sign to remain after the end of the seven year amortization period which expires October 13, 1992. The sign has the following nonconfarmities: 1) it contains 207 sq.ft., while the code allows a maximum sign area of 112 sq.ft. in the CH zoning district; 2l it is 35 feet tall, while the code allows signs containing less than 150 sq. ft. to be a maximum of 20 feet tall (signs containing 150 sq. ft. or more are permitted to be up to 24 feet tall); and 3) it is located zero feet from the property line, while the code requires a 5 foot setback from all property lines for pole signs. The countywide sign code would permit a sign in this land use classification to: contain not more than 1 50 sq. ft.; not exceed 25 feet in height and maintain a minimum setb~ck of 5 feet. There are no nearby County enclave arBas which would allow the application of the countywide sign code to be a competitive disadvantage for this property. , \ . CCmtg 5/7/92 7 . ~ ~. . . ., I' , .' . '~.' . , . ,'. I L'. '. . ," I'. ., I' . . . . The property on which the sign is located has an odd frontage configuration due to the rerouting of Druid Road when the US19/S.R.60 overpass was constructed. The sign actually fronts on what is, in effect. an access road to US19. Because of this, this sign Is located approximately 65 feet from the US 19 travel lanes. Staff finds that while the access road situation does create an unusual front property line, the property is still quite visible from US19. There is no substantive difference in this case from other existing and proposed US 19 access road situations. In every case, the access road requires the sign be located farther back from the travel lanes of US 19 than for properties which do not front on access roads. Staff feels the extra "setback" resulting from this property's location on an access road creates neither a unique situation nor a particular hardship for the applicant. It should be noted that, in discussing the relationship between sign setback and sign area in the Gayfers sign variance case, staff felt a minimum setback of at least 100 feet should be required before any sign area bonuses should be considered. This sign, while approximately 65 feet from the US 19 travel lanes, is still i.MkI.e. the required setback from the access road (Druid Road). Jim PolBtty, Planning and Development Director, stated they do not feel this is a unique situation and recommend denial of the application. Trish Muscarella, representing the owner and applicant. presented maps and pictures of the site. She indicated it was built eight years ago in compliance with code and it is on the access road at a curve. The picture showed the sign could not be seen from US19. Mark Menna, owner of the hotel, stated this particular property is different and he is at a disadvantage from other properties. He did not feel his sign violated the spirit of the code as it does not add to visual clutter. Questions were raised regarding surrounding signs and Mr. Polatty indicated the Steak-n-Ale and Clearwater Mattress signs would be too tall. Discussion ensued regarding how far the sign is actually set back from US19. Discussion ensued regarding there being some hardship but not enough to warrant the entire variances requested. Commissioner Regulski moved to deny the request and approve an alternate variance allowing 8 sign of a maximum 150 square feet. in area, maximum 25 feet tall with a zero foot setback; The motion was duly seconded and carried unanimously. CCmtg 5/7/92 8 . . . ITEM # 1 6 - Variance to Sign Reaulations for DrODertv (Semtronlc Assoc.. Inc.) located at 1467 S. Missouri Ave" Sail's Sub., Blk A, lot 4 less road (R.O.R. Investments SV92- 06HPLD) The applicant is requesting a variance of 3 feet to permit an existing sign 2 feet from a property line. The subject sign identifies a freestanding business known as Semtronic Associates, Inc. The sign is technically a pole sign, as it is supported by two brick pilasters, one on either side of the 22.3 square foot sign panel. The sign is currently located within a walled retention area in the front yard of the property and is setback 4 feet inside the sidewalk. The overall height of the sign is 7 feet 5 inches, less than the maximum allowable height of 20 feet, and the 22.4 square foot area is less than the 64 square feet permissible in the CG zoning district in which the property is located. The overall width of the sign is 6 feet, 8 inches, and the sign is positioned in the center of the retention area. The sign does not create a sight distance problem nor does it interfere with or obstruct pedestrian or vehicular traffic. Because of the retention area the sign would need to be completely redesigned if it were to be relocated to meet the required 5 foot setback. Based on staff review of the application, the request appears to be supported by the Standards for Approval of Land Development Code Section 137.012(d). Commissioner Berfield moved to approve a variance of 3 feet to permit an existing freestanding sign to remain 2 feet from a property line, rather than the 5 foot setback required for the subject property subject to: 1) No other freestanding signage shall be permitted on the property and 2) The sign shall not be increased in height or area from its current size. The motion was duly seconded and carried unanimously. ITEM #17 - Public Hearing & First Readina - Ord. #5194-92 - re: Veterinary Offices and Animal Groomina and/or Soardina Facilities, amending Sees. 135.135 & 136.025 (lDCA 92~01 HPlD) Staff received a directive from the Commission at its meeting of September 9, 1991 to prepare an amendment to the Land Development Code, which would permit veterinary offices and animal grooming and/or boarding facilities as conditional uses in the Commercial Center (CC) zoning district. This action was in response to a letter received from Thomas R. Goetz, leasing representative of Highland Square Shopping Center, who requested the veterinary office use be allowed in the CC zoning district. A second request from another party has also been received for a similar text change. Mr. Goetz proposed that veterinary offices without animal boarding be permitted in shopping centers. Currently, the veterinary use is permitted by right in the Urban Center Core and Eastern Corridor zoning districts, and is allowed with a conditional use in the General Office, Neighborhood Commercial, North Greenwood Commercial, Beach CCmtg 5/7/92 9 , " . . . Commercial, General Commercial and Highway ComllJercial zoning districts. Staff notes that pet stores, which include animal boarding (only those animals that are for sale), are a permitted use in the CC district. Staff recommends adding these uses to the CC district because they are consistent with the traffic generation, general level of activity, and other land use characteristics of the other permitted and conditional uses of the CC zoning district. Some concerns were expressed regarding allowing boarding of animals. It was indicated there would be times an animal being treated would need to be kept overnight. Overnight boarding would be subject to approval by the Planning and Zoning Board. Commissioner Regulskl moved to approve a land development code amendment to allow veterinary offices and animal grooming and/or boarding facilities as conditional uses in the Commercial Center zoning district. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 1/5194-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5194-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #18 - Public Hearing & First Readina - Ord. #5189-92 - re: increase maximum heiaht for structures in all Sinals Familv zonina districts and the Multinle Familv "8" and "12" zonina districts, amending Sees. 135.011, 135.017, 135.023, 135.029, 135.035, 135.036, 135.037, 135.043, 135.044 and 135.045 (LDCA 92-02)(PlD) In its efforts to make revisions to the land Oevelopment Code which reduce the need for variances, staff has developed a draft ordinance which increases allowable structure height from 25 feet to 30 feet in the RM-8, RM-12, and all single family residential districts. This change brings the City of Clearwater height requirements into consistency with those of Pinellas County. Numerous height variances for single family structures are entertained by the Development Code Adjustment Board. This change would eliminate a number of these variance requests. No negative impacts on single family or low density multi-family zoning districts are anticipated as a result of this increase in allowable height. Commissioner Fitzgerald moved to approve a land development code amendment regarding changes to height limits in the RM-B and RM-12 Districts and all Single Family Residential Districts. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5189-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5189-92 on first reading. . CCmtg 5/7/92 10 . The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. iTEM 1119 ~ Public Heorina & First Reading. Ord. #51 ~O-92 - re: Art Galleries/Studios as a Dermitted use in certain s;listricts, amending Sees. 135.086, 135.092, 135.104, 135.110, 135.116, 135.122, 135.128, 135.134, 135.141, 136.025 and 137.005 (lOCA 92- 03HPlD) Staff has received recent requests from the public to permit art galleries/studios in office zoning classifications. In considering these requests, staff has determined the use is consistent with the traffic generation, hours of operation and other characteristics of uses allowed within the office zoning districts. The proposed ordinance would allow the art gallery/studio use in the Limited Office COl) and General Office COG) zoning districts with a conditional use permit; the use would also be allowed as a permitted use in all commercial zoning classifications except Neighborhood Commercial (CN). Commissioner Berfield moved to approve a land development code amendment addressing a new art galleries/studios use. The motion was duly seconded and carried unanimously. . The City Attorney presented Ordinance 1/5190-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5190-92 on first reading. The motion was dulV seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. ttNays": None. Il:EM #20 - Public Hearin9 & First Reading. Ord. #5191-92. re: use restrictions for Indoor Retail Sales. Personal S~rvices. Restaurant and Indoor Commercial Recreation/EnteJjainment D~rmitted uses in the Resort Commercial "24" and "28" districts. amending Sees. 135.110 and 135.116 (LDCA 92-04HPlD) Staff has identified a problem occurring on Clearwater Beach involving the conversion of existing motel rooms to retail, personal services, restaurant or indoor commercial recreation/entertainment uses. The Clearwater Beach Blue Ribbon Task Force has also recognized this problem in its recommendations to the Commission. The problem with converting existing hotel/motel rooms into other uses is that the loss of hotel/motel rooms reduces the "base" tourist population on the beach. This means there are fewer tourists and more commercial uses, creating a situation in which pedestrian traffic is reduced and vehicular traffic is increased. If this trend is allowed to . CCmtg 5/7/92 11 ... . . . continue, staff may have to recommend revising beach parking requirements to eliminate the 500,,6 reduction allowances which are based on having a tourist/pedestrian population of a certain size. The proposed amendment would prohibit indoor retail sales, personal services and indoor commercial recreation/entertainment uses from being conducted in a hotel or motel. The amendment would also limit small restaurants (those containing Jess than 3.500 sq.ft. of gross floor area) from being allowed to operate in hotels or motels containing fewer than 100 rooms. Some limited retail sales or personal services uses could still occur within hotellmotel uses as accessory uses; however, large scale conversion of motel units could not occur if this amendment is adopted. Commissioner Deegan moved to approve a land development code amendment revising the permitted uses in the Resort Commercial zoning districts. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5191 -92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5191-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski. Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #21 ~ Public Hearing & First Reading - Ord. #5192~92 ~ re: certain land use Boolications may not be filed if a similar apDlication relatina to anv Dart of the same oropertv was denied within certain specified time limits, amending Sec. 137.029 (LDCA 92-05HPlD) On occasion, a persistent applicant will reapply for a request which has been denied by a City board. At the present, there are specific "waiting periods" for such reapplications provided in the land Development Code. However, the intent behind these waiting periods is essentially being subverted by language in the Code which indicates that reapplication waiting periods pertain only to "another identical application". This means that an application with only a minor change can be accepted immediately, without any waiting period. Consequently, a Code amendment is necessary to delete the reference to "identical" and establish language which refers to "a substantially, similar" application. Also, there has been at least one occasion in which an administrative or judicial review pertaining to an appeal of a denied application has been ongoing an~ staff has received B new conditional use permit request for a nearly identical request to the one being appealed. The Code needs clarification as to when the time periods associated with reapplication actually begin in these types of cases. CCmtg 517/92 12 . . > . " ~')'...' " \.. . . I . "'\. . At its meeting of April 21, 1992, the Planning and Zoning Board recommended approval with the following change; deletion of any reference to a waiting period for land use (comprehensive) plan amendments because each land use plan classification contains numerous zoning districts. Consequently, a proposed zoning amendment from RM-16 to RM-28 that, upon denial by the Commission, was reduced from RM-28 to RM-20 would still be a change from Medium Density Residential to High Density Residential on the CitY's land Use Plan map. Because of this, reapplication would be delayed because there is no change to the proposed land use plan classification despite the rather substantial change in proposed zoning. Staff supports the proposed change in wording. Commissioner Berfield moved to approve a land development code amendment clarifying what constitutes a reapplication for annexation, conditional use, variances, zoning atlas and comprehensive plan amendments. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5192~92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5192-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. . ITEM #22 - Public Hearing & First Readina - Ord. #5193-92 - re: soecific floor area standards for certain classes of accessory uses: classifv an individual dwellina unit attached to a hotel/motel as an accessory use, amending Sec. 136.008 (LDCA 92- 06HPlO) Staff requested this item be continued to allow more time to address concerns raised at work session. Commmissioner Berfield moved to continue this item until the next regularly scheduled meeting of May 21, 1992. The motion was duly seconded and canied unanimously. Public Hearina - Second Readina Ordinances ITEM #23 - Ord. #5195-92 - Vacatina Dart of 1 0' utility easement Iving alon<;J easterly lot line of lot 6. Bordeaux Estates. less the N 1 0' and less the S 5' (Stone V92-03) The City Attorney presented Ordinance #5195-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5195-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: . CCmtg 517/92 13 . ~ ..' I.;. I \ , .' ~ : i . "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #24 - Ord. #5197-92 - Annexation for Dropertv located at 1750 W Manor Ave. Clearwater Manor. Lot 22 & Dart of lot 23 (Brown A91-08) The City Attorney presented Ordinance #5197.92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5197.92 on second and final reading. The motion was duly seconded. Upon roU call, the vote was: "Ayes": Regulski, Fitzgerald. Berfield, Deegan and Garvey. "Nays": None. ITEM #25 - Ord. #5198-92 - land Use Plan to Low Density Residential for DroDertv located at 1750 W Manor Ave. Clearwater Manor. lot 22 & cart of Lot 23 (Brown LUP91-09) The City Attorney presented Ordinance #5198-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5198-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. . "Nays": None. ITEM #26 - Ord. #5199-92 - RS-8 Zonina for crODortv located at 1750 W Manor Ave. Clearwater Manor. Lot 22 & Dart of Lot 23 (Brown A91-08) The City Attorney presented Ordinance #5199-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5199-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #27-47) - Approved as submitted. Aareements - Approved. ITEM #27 - Easement Aareement with Florida Power Corooration (FPC) for a 26' wide Bicycle Path Extension across FPC right-of-way (PW) . '\ CCmtg 5/7/92 14 ~ . :<: , " . Bids & Contracts. Awarded. ITEM #28 . One vear contract to Perkin~Elmer COrD.. Lake Mary, Fl, to provide maintenance service for the Water Pollution Control DIvIsion's Atomic Absorption and Gas Chromatograph Instruments for the period 7/1192.6/30/93 for $10,731.96 (PW) ITEM #29 - Annual contract to Davis Meter & SUDDtV. Tampa, Fl, for compound water meters for the Water Division for the period 5/8/92.517/93, for an est. $22,100 (PW) ITEM #30 - Annual contract to US PiDe and Foundrv. Birmingham, AL, for purchase of fire hydrants by the Water Division for the period 6/21/92~6/20/93, total est. cost $41 ,060.04 (PW) ITEM #31 - Annual contract to Hughes SUDDlv. Inc., Clearwater, Fl, for purchase of double detector check valve assemblies by the Water Division for the period 5/8/92- 5/7/93, total est. cost $80,655 (PW) ITEM 1132 - Annual contract to Niagara Conservation Core.. Flanders, NJ, for purchase of miscellaneous water conserving devices by the Water Division for the period 5/8/927' 517/93, total est. cost $78,280 (PW) ITEM #33 - Three vear contract to Prime Service of America. Inc., Clearwater, FL, for custodial services for the period 7/15/92-7/14/95 at an est. annual cost of $226,380 (GS) . ITEM #34 - Extension of contract with The Police law Institute, Technology Innovation Center, Oakdale, Iowa, to provide a computer based State and Federal law training program for the period 711/92-6/30/93 for $24,000 (PO) ITEM #35 . Extension of contract with Lawmen's & Shooter's SUDDlv. Inc.. Vero Beach, Fl, for purchase of approx. 80 protective vests and covers for the period 6/18/92- 6/17/93, for an est. total of $27,449.60 (PO) ITEM #36 - Contract for restoration of Countryside Community Park Restroom/Maintenance Building to Oakhurst Construction Comeanv. Inc., Seminole, FL, for $24,179 (PR) ITEM #37 - Reiect ProDosal for Durchase of Excess Liabilitv Insurance (AS) Citizens & Staff Reauests ~ Approved. ITEM #38 - Declaration of furniture. eauiernent and orooertv surolus to City needs and authorize the sale of the surplus items to the highest bidder at Public Auction (AS) ITEM #39 - DeSantis Lawsuit - provide individual legal counsel for Police Chief Klein, reject offer to use binding arbitration to settle this case and continue with defense of lawsuit (CM) . CCmtg 517/92 15 Plans & Plats - Approved. . rn~M #40 . Amendment to City Commission Policy No. GA-6 - deleting prohibition of Fire Department Personnel to enforce parking violations in fire lanes (eLK) Change Orders - Approved. IT~M #41 - Ratify and Confirm City Manager's aooroval of C.O.#1 to the Design Services Agreement with Kisinger Camoo & Assoc. Coro.. for Clearwater Pass Brldae Crutch Bent ReDolra increasing the amount $21,670, adjusting the engineering portion of the agreement amount to $151,670 (PW) ITEM #42 - Preliminarv Subdivision Plat for The Villaoe at Countrvside/Reclat of Lot 1 - Parcel 4 located on US19 and Entercrise Road, approx. 300' SE of Countryside Blvd. (Village Office Corp & Remark Investments, Inc./Dore) (PLD) Authorize the Development Review Committee (D.R.C.) to approve the preliminary subdivision plat for certification subject to the following conditions: 1} Signs and fencingfwalls are subject to separate review and permitting processes; 2) The subject three lots shall be considered a one lot development with regard to signage; and 3) The requisite Unity of Title shall be recorded prior to certification of the preliminary plat. . ITEM #43 - Preliminarv Subdivision Plat for the ReDlat of Westchester Lakes Townhomes located at the NW corner of Sabal Sorings Dr. and Countrvside Blvcj. (GeigerfKistler) (PlOt Authorize the Development Review Committee (D.R.C.) to approve the preliminary subdivision plat for certification subject to the following conditions: 1) Signs and fencing/walls are subject to separate review and permitting processes and 2) The applicant shall amend the certified site plan to reflect the modification of the two lots (Lots 67 & 68) and the property line changes to the subdivision plat. Receiot & Referral - Received and Referred. ITf=M #44 - Annexation. Lan~ Use Plan Amendment and RS-8 Zoning for orooertv located at 1744 Laaoon Circle WQst, Clearwater Manor, lot 99, 0.14 acres (Chamberlain A91-07, LUP91-08)(PlD) CITY ATTORNEY Agreements. Deeds & Easements ITEM #45 ~ Sanitary S~wer Uen Agreement - Virginia Groves Terrace Sub.. elk 1 . Lot 15 (1771 EI Trinidad DrivfJ - Nemeth) ITEM #46 - Easement Deed & Subordination Aareement - Sec. 21-29-16 (Falrwinds Properties, Inc.) ITEM #47 - Sanitary Sewer Uen Agre!;tment ~ Pine Ridge Sub.. Blk C. Lot 12 (1308 Springdale Street - King) .. CCmtg 617/92 16 . Commissioner Fitzgerald moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT 'T~M #48 - ICont. from 4/16/92) Consider allQcQJion of ten acres known as -The School Board P(ODerty- to the Clearwater AhDork with interim use by tl')9 City while designated in the long term for airpark development (PWl The Clearwater Airport Authority has requested the Commission designate the ten acres north of the Clearwater Airpark, known as "The School Board Property", as property of the Clearwater Airpark for future development. The Airport Authority Plan includes the provisions for use of "The School Board Property" in the interim as a mulch farm for the Solid Waste Division and provides land for the construction of a retention pond to support the storm water retention needs of the Public Works Infrastructure Complex development. . The property in question was originany purchased by the Solid Waste Enterprise Fund in 1989 for $750,000. On March 5, 1992, the Commission approved the transfer of this property, at cost, to the Garage Fund in return for the "Campbell Property". If the Airport Authority request is approved, the Garage Fund would be entitled to a reimbursement for its investment in the subject property. Without reimbursement, this transfer will be recorded as a "contribution" which will reduce Garage Fund assets and Fund balance. If requested, staff will review and detail the various reimbursement options for Commission consideration in a subsequent agenda item. An aerial photograph was displayed showing the areas proposed for a clear zone as well as those areas which would be available for City use. In response to questions, Robert Brumback, Assistant Public Works Director, noted the areas of the runway. Marvin Moore, Chairman of the Airport Authority, stated discussion had occurred regarding the acquisition of this property at the Airport Authority meeting yesterday. He stated the purpose is to provide a safety zone for the airpark and in the interim, to allow for a mulch farm on a portion of the property and the construction of a retention pond. In response to questions regarding whether or not there was any discussion of paving any portion of this property, Mr. Moore indicated that while it was discussed, additional paving was not included in the development plans. The City Manager emphasized that if the property is allocated to the airpark, there will need to be some fund adjustments. . CCmtg 5/7/92 17 . . A question was raised regarding the history of the property and Mr. Wright briefly reviewed the leases and subleases that had occurred along with the legal problems that had resulted. General discussion ensued regarding the need for safety at the airpark and that the proposal was more acceptable now that there was no paving proposed. Discussion ensued regarding how to account for the transfer of the land and the City Manager indicated there may be some property exchanges that could occur in order to reduce the actual amount of monies that are needed in ordor to balance the funds. Commissioner Deegan moved to allocate the School Board Property to the Clearwater Airpark and to instruct staff to research the proper method of accounting for it in the books. The motion was duly seconded. Discussion ensued regarding whether or not to allocate the entire ten acre parcel to the airpark or just the parcel proposed for the clear zone. Concerns were expressed that if the entire parcel was allocated to the airpark, it may be difficult for the City to accomplish same of the things they need to in the Brea as well as it will make it more difficult to balance the funds that need to be exchanged. Upon the vote being taken: Commissioners Berfield, Fitzgerald and Deegan voted "Aye": Commissioner Regulski and Mayor Garvey voted "Nay". MotIon carried. . The City Manager requested direction regarding the financial adjustments that will be needed to relief the Garage Fund of this asset. Discussion ensued regarding the need to accomplish this without impacting ather funds. Discussion ensued regarding whether or not staff would have the ability to propose exchanges of land in order to accomplish the balancing of the accounting. Discussion ensued regarding the fact that if the General Fund is not compensated for this asset, it will affect the rates that General Services will need to charge other departments in order to balance its accounts. Discussion ensued regarding staff being able to present alternatives and that the allocation of land could be reconsidered at that time. It was stated the airpark's main interest was in establishing the clear lone. The City Manager stated he needs a little land to accomplish such things as the retention pond and maybe a need for storage for the Infrastructure Complex and he was considering exchanging property with the airpark. . CCmtg 5/7/92 18 . Discussion ensued regarding the intention of the previous motion was to Include the uses that had been outlined in the agenda item. Commissioner Deegan moved, that in addition to the previous action, the understanding is that the use of this ten acrB site, commonly referred to as the School Board Property, would be as described in the map Indicating these properties as areas 1, 2 and 3 as part of agenda Item #48. The motion was duly seconded and carried unanimously. General consensus of the Commission was that other funds not be impacted in accounting for the transfer of this property. ITEM 1/49 . Res. #92-33 - recarding terooorarv easement to FOOT for Parcel 1/700.1, Sec. 15070-2525, S.R.580 (PW) At its meeting of April 2; 1992; the Commission approved the conveyance by deed of property along S.R.580 to the Florida Department of Transportation for the purpose of widening that roadway to six lanes. The agreement accompanying that conveyance provides for the Department to accomplish all utility relocations at its own expense and to reconfigure the detention pond serving the PGA Driving Range so as to maintain its orginial storage capacity. This easement is to provide temporary access to the pond site to actually perform the reconstruction work and is a "construction" easement for a temporary time period. . The City Attorney presented Resolution #92-33 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-33 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays't: None. ITEM #50 . Airoort Authoritv . 1 aooointment (eLK) Commissioner Regulski moved to appoint Barbara Evans with the term beginning immediately and to expire April 30, 1995. The motion was duly soconded and carried unanimously. ITEM #51 - Beautification Committee - 3 aooointlT\ents (eLK) Commissioner Berfield moved to reappoint lawrence Lindner and Faye Sollid with this second term of service to expire April 30, 1995. The motion was duly seconded and carried unanimously. . CCmtg 517/92 19 . Commissioner Berfield moved to appoint Bernie F.aron with the term beginning June 1, 1992 and to expire May 31. 1995. The motion was duly seconded and carried unanimously. ITEM #52 - Librarv Board - 3 pDDolntmeot~ (eLK) Commissioner Deegan moved to reappoint Jack Wilson with this second term of service to expire April 30, 1995 and C. Pate Hutchens with this second term of service to expire May 31, 1995. The motion was duly seconded and carried unanimously. Commissioner Deegan moved to appoint Patrick Raftery with the term beginning immediately and to expire April 30, 1995. The motion was duly seconded and carried unanimously. ITEM #53 - Community Relations Board - 1 aODointmQnt (elK) Commissioner Deegan moved to appoint Gay McGill with the term beginning immediately and to expire April 30, 1995. The motion was dulV seconded and carried unanimously. ITEM #54 - Other Pending Matters - None. CITY ATTORNEY REPORTS . First Reading Qrdinances ITEM #55 - Ord. #5196-9~ - Vacatina Pine Street right-ot-wav Ivina N of Blks 1 & 7 and S of Blks 3 & 4. Starr and Savery's Addition to Clearwat~r (Church of the Ascension V92- 02) The City Attorney presented Ordinance #5196-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5196-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. Resolutions ITEM #56 - Res. #92-32 - Dedicating sidewalk easement at Pierce St. and East Ave. The City Attorney presented Resolution #92-32 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #92-32 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: '\ . CCmtg 517/92 20 ......1, . . .~ \ . :~1. '/ :n, .., ., , ., "Ayes": Regulski, Fitzgerald, Berfield. Deegan and Garvey. "Nays": None. I'tf=M #57. Other City Attornev Items.. None. ITEM #58 . City Manager Verbal Reoorts The City Manager requested direction regarding whether to pursue negotiation with a cruise ship wishing to operate out of Clearwater Harbor. Consensus to proceed. He requested any comments regarding the letter to the Environmental Advisory Committee be faxed to him. ITEM #59 - Other Commission Action Commissioner Deegan Questioned a letter from the Clearwater Beach Association alleging the design for Pier 60 was not in keeping with the Clearwater Beach Task Force's recommendations. William C. Baker responded that to his knowledge, the design was in keeping with the recommendations. He indicated the Commission would see the final design prior to it going out for bid. Commissioner Fitzgerald reported on the Mayor's Council efforts regarding County Charter Review. He reported there would be a meeting in Commissioner Greer's office on Friday, May 8th. at which firm opposition to a proposed change giving County ordinances precedence over municipal ordinances would be expressed. ITEM #60 - Adjournment The meeting adjourned at 9:25 p.m. AnEST:~~~ ~ . City C rk CCmtg 5/7/92 21 .. <; ',' , . .'..t . .;0.. .'. . .'.. " . ' . t~ ' ,.......' ' .