12/17/1992 (2)
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. ACTION AGENDA. CLEARWATER CITY COMMISSION MEETING. December 17,1992 (6:00 P.M.)
Welcome. We are glad to have you join us. If you wish to speak please walt to be recognized, then
state your LUlIIl.e. and address. Persons speaking before the City Commission on other than PubUc
Hearing items shall be limited to 3 minutes. No person shall speak morB than once on the same
subiect unless granted permission by the City Commission.
1 . Pledge of Allegiance
2. Invocation
3. ServlcB Awards
4. Introductions and Awards
5. Presentations:
a) Clark Weaver. curbs on Glenwood
Avenue
b) American Disabilities Act Transition Plan
6. Minutes of Regular Meeting December 3,
1992 & Goal Setting MeBting November
16, 1992.
7. Citizens to be heard re items not on the
Agenda
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.12/17/92
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1. Mayor.
2. Rev. Mac Williams, Mt. Carmel Church.
3. None.
4. Golden Turkey Award presented to Librarv
for greatest percentage of entrants in
Turkey Trot.
The 3rd Polarization Award presented to
Mayor by Rev. Mac Williams.
Suggestion Awards were presented to 7
city employees.
Proclamation: Miniature Art Month -
January 1993.
5. a) Consensus to complv with Commission
policy of following petition and assessment
process to obtain curbs.
b) Eleanor Breland discussed the plan and
requested Commission review of plan and
proposed funding to bring deficiencies in
City into compliance with ADA.
6. Approved as submitted.
7. Don Zeblev complained regarding a second
home being contructed on a single family lot
and his being cited for code violations.
Staff to review.
John Meek. Jr. stated the City is in violation
of the sign code. He requested taxpayers
be made aware of cost for City to comply
with sign code.
Brian Morris expressed concern citizens are
not familiar with city ordinances that govern
them. He said he is stil~ waiting for
information regarding the cost of enforcing
the sign code. He said the Commission is
anti~business.
Joann Watson complained regarding quality
of her rehabilitation loan project. She
questioned why the City Manager halted
criminal investigation of this matter. She
requested the Commission to investigate.
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Jav Elliott questioned why he and the
Watsons were not Invited to attend the
11/21/90 meeting with staff, contractor
and licensing board regarding their
rehabilitation loans. He requested staff
provide notes of this meeting.
Jacub Bilal questioned whether the name
change from Community Relations to
Human Relations affected any
responsibilities of this department. It was
stated it did not.
Steve Saliga requested consideration be
given to a multi~purpose civic center.
Bussell Latimer requested the Commission
look at Dunedin regarding downtown
development.
James Gradv requested consideration be
given to moving the Marine Science Center
to the Mass site.
8.
Res. #92-79 ~ Amending Rule 10 of the
Rules of Procedure of the Commission
relating to order of presentation, time limits
and other procedural matters to be followed
in hearing variance applications
8.
Res. #92~79 adopted.
Not Before 6:00 P.M. - Scheduled Public Hearings
(1 )
(2)
(3)
(4)
(5) Comments in support and in opposition: (a)
individual (3 minutes); (b) spokesperson for
groups (10 minutes).
(6) Commission questions.
(7) Rebuttal by opposition (5 minutes).
(8) Final rebuttal by applicant or representative
(5 minutes).
PUBLIC HEARINGS
Presentation of issues by City staff.
Statement of case by applicant or
representative (5 minutes).
Statement of case by opposition (5
minutes).
Commission questions.
9. Alcoholic Beverage Separation Distance
Variance for property (The Wine Vault)
located at 2556 McMullen Booth Rd.,
Northwood Plaza, Sec. 28-28-16, M&B
33.02 (John Hancock Properties AB92~
18){PLD)
9. Approved variance of 200' to permit
alcoholic beverage sales establishment 0'
from a similarly licensed establishment.
'.12/17/92
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10.
14.
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(Cont. from 12/3/92) Public Hearing.
Vacating 7' x 36' portion of Dempsey
Street lying adjacent to lake Belleview
Addn, Blk 2, lots 21 & 22 (Rehm V92-
20HPW)
(Cont. from 12/3/92) Public Hesring & First
Reading Ord. #5319-92 - Vacating easterly
3' of westerly 5' utility easement lying in
Mandalay Sub., Blk 57, lot 8 (Davis V92-
22HPW)
Public Hearing & First Reading Ord. #5322-
92 . Vacating 5 2' of the N 10' drainage &
utiHty easement lying in Lot 28,
Countryside Tract 8, Unit One less the
easterly 5' (Blue V92-24HPW)
(Cont. from 12/3/92) Variance to Sign
Regulations for property (Stewart Title of
Clwr) located at 1290-92-94 Court St.,
Hibiscus Gardens Sub., Blk 0, lots 35A
and 36 and vacated street on east (Smoyer
SV92-28}(PlD)
Public Hearing & First Reading Ords.
#5315-92 & #5316-92 - Land Use Plan
Amendment to Public/Semi-Public and PISP
Zoning for property located at 1 234 Druid
Road (former Siples Restaurant), portion of
Gov't Lot 1, Sec. 21-29-15, M&B 21.03
(Morton Plant LUP92-22, Z92-13)(PlD)
Amended Site Plan and First Reading Ord.
#5323-92 - IPO Zoning for Lot 1, Clwr 19
Commerce Center, 22067 US19, 14.13
acres m.o.1. (Kunnen, Jr. Z92-07HPLD)
(Cont. from 12/3/92) Public Hearing & First
Reading Ords. #5306-92, #5308-92 &
#5310-92 establishing new LUP
classifications for the area and Ords.
#5307-92, #5309-92 & #5311-92
establishing a new zoning pattern for the-
area and Ord. #5320-92 creating a new
Infill Commercial Zoning District - North Ft.
Harrison/North Myrtle Avenue Zoning Study
(PLO)
12.
13.
15.
16.
.12/17/92
10. Denied vacation request: authorized City
Attornev to express Commission toleration
of right-of-way encroachment.
11. Approved. Ord. 1/5319-92 passed 1st
reading.
12. Approved. Ord. #5322-92 passed 1 st
reading.
13. Denied variance of 2' to permit 8
freestanding sing 10' tall: approved
variance of 4' to permit a freestanding sign
to be located l' from 8 property line.
14. Approved. Ords. #5315-92 & #5316-92
passed 1 st reading.
15. Approved. Ord. #5323.92 passed 1 st
reading.
16. Approved. Ords. #5308-92, #5309-92,
#5310-92, #5311-92 & 1/5320-92 passed
1 st reading; Ords. #5306-92 & #5307-92
withdrawn. '
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.18.
(Cant. from 12/3/92) Public Hearing & First
Reading Ords. #5296-92 & #5312-92-
Comprehensive Plan and Land Development
Code Amendments related to the
Countywide Consistency Program; Res.
#92-69 - authorizing the PPC to request )(.
amendments to the countywide plan for
properties located within City limits; and
Res. #92-78 - requesting the PPC to
reconsider certain of its countywide Land
Use Plan rules tPLD).
(Cont. from 1 2/3/92) Revised Downtown
Development Plan - First Reading Ords.
#5297-92, #5298-92, #5299-92, #5300-
92 & #5302-92 to expand D.T. Dev.
District land Use Plan classification; First
Reading Ords. #5301-92, #5303-92,
#5304-92, #5305-92 establishing Urban
Center (Eastern Corridor, Core or Bayfront)
zoning; First Reading Ord. #5235-92
revising Urban Center zoning district
requirements and Res. #92-73 - accepting
D.T.Dev. Plan and expanding the eRA areB
(PLD) To be Cont. to 1/21/93
(Cont. from 12/3/92) Variances to Sign
Regulations for property (Dayton Andrews,
Inc.) located at 2388 Gulf-te-Bay, Sec. 18-
29-16, M&B 24.05 &. 24.06, and Gulf to
Bay Estates, Unit 3, Lets 594-597 (Massey
Motors, Inc. SV92-26HPLD) To be Cont. to
1/21J93
(Cant. from 12/3/92) Variances to Sign
Regulations for property (Lokey Oldsmobile.
Inc.) located at 2339 Gulf.to.Bay, Sec. 18~
29-16, M&8 31.05, and Lokey F.B.C., Lot
2 (Lokey, McFarland, Flaws & Barnett
Banks Trust Co. SV92-44HPLD) To be
Cont. to 1/21J93
(Cont. from 12/3/92) Public Hearing -
Uphold decision of Building Official by Res.
#92.66 - to demolish property located at
905-907 Hart Street (a/k/a Plaza Park Sub.,
elk C. Lots 15 & 16) if owner faits to repair
or demolish structures within 30 days (PLD)
To be Cont.
20.
21.
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.12117/92
17. Approved. Ords. #5296-92 & #5312.92
passed 1 st reading as amended. Res. #92-
69 adopted as amended and Res. #92-78
adopted.
18. Continued to 1/21/93.
19. Continued to 1/21/93.
20. Continued to 1121193.
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21. Continued.
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.22.
Declare as surplus, for the purpose of
leasing to the IAFF, property locatad in
Magnolia Park Sub., SIk 12, Lot 8, for the
period 111 /93-12/31 /97, for a monthly rent
of $276 caS) To be Withdrawn
22. Withdrawn.
Public Hearing - Second Reading Ordinances
23. Ord. #5261-92 - Land Use Plan to Low
Density Residential for property located at
3160 McMullen-Booth Rd., Sec. 21-28-16,
M&B 23.04, 23.05. 23.06, 23.08 & 23.13,
17.35 acres (McCullough LUP92-13)
24. Old. '5262.92. RS~6 Zoning far property
located at 3160 McMullen-Booth Rd., Sec.
21-28-' 6, M&B 23.04, 23.05, 23.06,
23.08 & 23.13, 17.35 acres (McCullough
A92-07)
25. Old. #5321-92 - Amending Ch. 54 ra: solid
waste
23. Ord. 115261-92 adopted as amended.
24. Ord. 115262-92 adopted as amended.
25. Ord. #5321-92 adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #26-37~ . Approved as submitted less Item #32.
.he following items require na formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
Agreements
26. Joint Project Agreement with Pinellas
County to relocate natural gas mains during
improvements to East Bay Dr. and Belcher
Rd. intersection at an est. labor cost of
$62,808.29 (GAS)
27. Amendment to agreement with Chi Chi
Rodriguez Youth Foundation, Inc., to
eliminate paragraph 34 relating to the
foundation constructing a nature center and
park CPR)
28. Renewal of agreement with The School
Board of Pinellas County providing for the
Joint use of facUlties for the period 111 /93-
12/31/93 (PR)
.12/17/92
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29.
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33.
Bids & Contracts
30.
Purchase of garden and nursery chemicals
for the period 12/18/92-12117/93 to J.e.
Ehrlich Chemical, at an est. $2,185.05: Van
Waters and Rogers Inc., for $9,886.30:
Lesco Inc., for $158.50: Terra International
Inc., for $9,405.70: and Helena Chemical
Co., for $34,734.99 for an est. total of
$56,370.54 (PR)
Contract for EdenvfIJe Channel
Improvements to Suncoast Excavating, Inc.,
Ozona, FL, for $25,600 (PW)
Contract for structural demolition of
properties located at 1701 Hercules Ave.
and 1311 Kings Highway to Eicher's
Backhoe, Clearwater, FL, for $25,336.50
(PW)
Amendment to contract with Post, Buckley,
Schuh & Jernigan, Inc., for $190,400.40,
increasing the contract amount to
$686,830.29 for the preparation of a PD&E
study far the widening of Drew Street to
include additional work involving the
examination of a one-way pair as one of the
project alternates (PW)
Contract for lot mowing & debris removal
ta Sunshine Lawn Maintenance, for the
period 12118/92-12/17-93, at an est.
$32,250; and terminate contract with
International Landscape Contractors due to
unsatisfactory performance (PLD)
32. Approved.,
31.
32.
Citizens & Staff Requests
34. Reappoint Roy May and Appoint William
Schwab to the Board of Trustees,
Clearwater Police Supplementary Pension
Plan (PO)
35. Authorization to file suit against Randolph
Centeno for damage to City property (CA)
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Plans & Plats
36. Preliminary Site Plan for Hunter Blood
Center, Inc. (Mobile Station) located at
2151 Calumet St. (Martin)(PLD)
.12117/92
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37.
.41.
Receipt & Referral
Annexation, Land Use Plan Amendment to
Low Density Residential and RS~8 Zoning
for property located at 2200 N. Manor
Blvd., Clearwater Manor, Lot 17,0.17
acres (Wickman, Jr, A92-12, lUP92-
23HPLD)
OTHER ITEMS ON CITY MANAGER REPORT
38.
Ultlmar Three Condominium Appeal ra:
property located at 1560 Gulf Blvd.. Sand
Key (Sea Towers Construction
Co./Johnson)(PLD)
Rejection of mediation agreement between
the City and Roger Brennan (eM)
39.
40.
(Cant. from 12/3/92l Fourth amendment to
paragraph 3 of Lease Agreement with Bikini
Buttons, Inc., dated 6/12/90, allowing sale
of charts, maps, personalized license plates,
fruit shipping service (produce not allowed
in store), key duplicating service and sale of
greeting cards (MR)
Authorize purchase of 31.4 acres of land on
Draw Street, Sec. 8-29-16, M&B 44.01
and portion of 43.01 for $1,500,000
($1,250,000 in cash from City and
$250,000 in the form of a 501-C3 IRS gift
to the City) and related survey, engineering
and closing costs of $50,000 for a total
dollar cost to the City of $1,300,000 (PR)
Res. #92-77 - amending fee schedule to
eliminate fees associated with annexations
and to establish a fee for development
agreements (PLD)
42.
43. Other Pending Matters
38. Denied developer's appeal to increase
structure height to 280' and to locate an
in-ground swimming pool within the clear
view corridor.
39. Extend settlement offer of $10,000 to
plaintiff and $30,000 in attorney fees and
cost for 5 calendar days.
40. Continued to 1/7193.
41. Approved.
42. Approved. Res. #92-77 adopted.
43. None.
CITY ATTORNEY REPORTS
44. Other City Attorney Items
.12/17/92
44. None.
7
.45. City Manager Verbal Reports 46. The City Manager asked if Commission
a} Maas Brothers RFP satisfied with RFP for Maas property.
Consensus to include the entire footprint of
building and language that CRA funds may
be available to assist and there is a desire
for underground parking.
The City Clerk reported the DDS is
requesting Cleveland Street be closed
annually for Hall of Fame Event and
monthly for Downtown Comes Alive.
Consensus not to close for monthly event
and annual event closure be discussed at
budget time.
The Assistant City Manager reported on the
3 month trial trolley express from beach to
downtown. Commission approved
continuing express trolley for 90 days,
changing Island Estates stop to Marine
Science Center and purchasing additional
trolley at no cost to city.
46. Other Commission Action 46. a) Mayme W. Hodges.
a) Regulski Replacement Oeegen referred to a second opinion
regarding potential success of obtaining the
necessary permits and lower overall costs
. to open Dunedin Pass. He objecter:\ to the
use of the phrase "new main library
building" as a decision has not been made
for a new building.
Fitzgerald requested consideration be given
to a cut-off time for meetings. City
Attorney to draft a resolution for next
worksession. Discussion re:y"rding change
in order of items on aganda.
Goal Setting Meeting llcheduled for
1/12/93 at 9:00 a.m.':
47. Adjournment 47. 12:44 a.m.
. .
.12/17/92
8
CITY COMMISSION MEETING
Decomber 17, 1992
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, December 17, 1992 at 6:00 p.m., with the following members present:
Rita Garvey
Richard Fitzgerald
Sue Berfield '
Arthur X. Deegan, 11
Mayor/Commissioner
Vice-MayorfCommissioner
Commissioner . ,
Commissioner
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Also present:
Michael J. Wright
M.A. Galbraith, Jr.
William C. Baker
James Polatty, Jr.
Cynthia E. Goudeau
Mary K. Diana
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 Reverend Mac J. Williams, Jr.
. 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 Awards - None.
ITEM #4 . Introductions and Awards
The Golden Turkey Award was presented to the Library for the greatest percentage
of entrants in this year's Turkey Trot.
The 3rd Polarization Award was presented to Mayor Garvey by Reverend Mac J.
Williams, Jr. .
Suggestion Awards were presented to seven City employees for their ideas which
saved the City money and/or enhanced safety and operations,"
Proclamation:
Miniature Art Month - January 1993.
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12/17t92
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ITEM #5 - Presentations
A.) Clark Weaver - Curbs on Glenwood Avenue.
Clark Weaver said his neighborhood had been annexed prior to developers being
responsible for providing curbing. He felt the City should have been responsible for
installing curbs when the area was annexed in the 19205. He said curbs are needed for
assisting in drainage, helping to keep mud out of the lake and would improve the
neighborhood.
Public Works Director Bill Baker said the curbing can be handled through the
petition process, or if deemed by the Commission to serve a public purpose, through a
capital improvement project.
A question was raised if the curbs Bre being requested for drainage or because the
park across the street impacts this area due to cars parking on the grass.
Discussion ensued in regard to the drainage system being substandard. A question
was raised regarding part of the yards would have to be taken if the curbs were installed.
It was stated many streets in the older neighborhoods of the City do not have
curbs.
Consensus was to comply with Commission policy of following the petition and
assessment process to obtain curbs.
S.) American Disabilities Act (ADA) Transition Plan.
Human Relations Director Eleanor Breland discussed the plan and proposed funding
to bring the deficiencies in City facilities into compliance with the ADA.
In response to questions, it was indicated the cost to bring all sidewalks into
compliance had not been determined. Several hundred staff hours were spent to put the
plan together.
ITEM #p - Minutes of the Regular Meeting of December 3, 1992 and the Goal Settina
Meeting of November 16, 1992.
Commissioner Berfield moved to approve the minutes of tne regular meeting of
December 3, 1992, and the goal setting meeting of November 16, 1992, as recorded and
submitted in written summation by the City Clerk to each Commissioner. The motion was
duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda
Don Zeblev complained regarding a second home being constructed on a single
family lot and his being cited for coda violations. Staff is to review.
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12/17Ja2
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Jobn Meek. Jr, stated the City is in violation of the sign code. He requested
taxpayers be made aware of the cost for the City to comply with the sign code.
Brian Morris expressed concern citizens are not familiar with city ordinances that
govern them. He said he is still waiting for Information regarding the cost of enforcing the
sign code. He said the Commission is anti~buslness. The Mayor noted the City
Commission had voted unanimously for a RFP regarding development on the bluff.
Joann Watson complained regarding the quality of her rehabilitation loan project.
She questioned why the City Manager halted criminal investigation of this matter. She
requested the Commission to inv9stigate.
Jav Elliott questioned why he and the Watsons were not invited to attend a
November 21, 1990. meeting with staff, contractor and licensing board regarding their
rehabilitation toans. He requested staff provide notes of this meeting.
Jacub BlIal questioned whether the name change from Community Relations to
Human Relations affected any responsibilities of this department. It was stated it did not.
Steve SaUga requested consideration be given to a multi~purpose civic center.
~ussell Lstime( requested the Commission look at the City of Dunedin regarding
downtown development.
James Grady requested consideration be given to moving the Marine Science
Center to the Maas Brothers site.
ITEM #f) - Res. 1/92-79 - Amendina Rule 1 0 of the Rules 9f Progedure of the City
Commission relating to the order of cresentation. time limits and other orocedural matters
to be followed in hearing variance aoolications
The City Attorney presented Resolution #92-79 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #92-79 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Berfleld. Deegan and Garvey.
"Nays": None.
In response to a question, it was indicated the amended rule # 10 would apply only
to variance hearings.
PUBLIC HEA~INGS
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12/17,92
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ITEM 119 - Alcoholic Beverage Separation Distance Variance for crooertv tThe Wine VauJt)
located at 2556 McMullen Booth Rd., Northwood Plaza, Sec. 28-28-16. M&B 33.02,(John
Hancock Properties AB92-1 8)(PLD)
The applicant is requesting a variance to allow a new 3-PS alcoholic beverage sales
licensed establishment known as "The Wine Vault". The distance separation variance is
required because the subject property is less than 200 feet of another similarly licensed
establishment (Winn Dixie). City code requires that similarly licensed uses on the same
property be considered as having a zero foot separation. The subject property is located at
2556 McMullen Booth Road on the northwest corner of Enterprise Road.
No additional parking will be required. There are 1,132 existing shared parking
spaces at Northwood Plaza and the applicant intends to share with other tenants. The
proposed hours of operation are 10:00 a.m.to 10:00 p.m., weekdays, and 10:00 a.m. to
11 :00 p.m. on weekends.
The applicant's request for the associated conditional use permit was approved by
the Planning and Zoning Board at their December 1. 1992 meeting subject to: 1) The
requisite occupational license be obtained within six months from the date of public
hearing; and 2) Prior to issuance of an occupational license, the requisite separation
variance be obtained from the Commission.
The police department has no negative comments regarding this establishment.
While there are five alcoholic beverage establishments within 300 feet of the proposed
use. staff does not find these to create an over-concentration situation at this location.
Staff finds this request meets the standards for variance approval.
Commissioner Deegan moved to approve a variance of 200 feet to allow alcoholic
beverage sales zero feet from a similarly licensed establishment. The motion was duly
seconded and carried unanimously.
ITEM #10 ~ (Cant. from 12/3/92) Public Hearino - VacatinQ 7' x 36' oortion of Demosey
Street Ivin" adiacent to lake 8elleview Addn. Blk 2. Lots 21 & 22 (Rehm V92-20)[PW)
When Mr. Rehm purchased the subject encroaching building, his survey did not
disclose the encroachment and depicted the building within the property limits. Mr. Rehm
is now in the process of refinancing his property and a more current survey shows a
portion of one of his buildings encroaching approximately six feet into the right-of-way of
Dempsey Street. Mr. Rehm applied for a vacation to eliminate the ent, oachment.
It is not desirable to impact the right.of-way to this extent and an attempt was
made to find some manner in which Mr. Aehm's financial dilemma might be resolved other
than the right-of-way vacation. It is staff's understanding that a letter expressing the
City's toleration of the encroachment (with qualifying language) will sufficientlv resolve
Mr. Rehm's dilemma.
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Commissioner Berfield moved to deny the request for a 7 foot by 36 foot right-of-
way vacation of Dempsey Street and to authorize the City Attorney to express the
Commission's toleration of the right-of-way encroachment. The motion was duly
seconded and carried unanimously.
ITEM #11 - (Cant. from 12/3/92) P\.Iblic Hearing & First Reading Ord. #5~' 9-92 - VacatinQ
eQsterlv 3' of westerlv 5' utilitv Basement IvinQ in Mandalav Sub.. Blk ~7. Lot 8 (Davis
V92-22)(PW)
The purpose of this vacation is to eliminate the encroachment of a swimming pool
into an existing utility easement. There are no utilities of the City, Florida Power, General
Telephone or Vision Cable currently occupying the easement. There are no future plans by
these agencies for future use of the easement.
All reviewing departments and the Public Works Director have no objection to the
request.
Commissioner Fitzgerald moved to approve the vacation of the 'easterly 3 feet of
the westerly 5 foot utility easement for the subject property. The motion was duly
seconded and carried unanim ously.
The City Attorney presented Ordinance 115319-92 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance 115319-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Garvey.
UNays": None.
ITEM #12 - Public Hearina & First Readino Ord. #5322-92 - Vacatinq S 2' of the N 10'
drainaae & utilitv easement Iving in Lot 28. Countryside Tract 8. Unit Ooe les$ the easterlv
[: (Blue V92-24HPW)
The applicant has a pool structure which encroaches approximately 2 feet and the
decking another 1.9 feet. The City has no existing utilities within this easement. The
Building Inspector's Office reports "the house W,1S permitted and built in 1978 and the
swimming pool and cage were also permitted and built in 1978". This pool was
constructed prior to the recently instigated process whereby impending encroachments are
more readily discovered and precluded.
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Commissioner Barfield moved to approve the vacation of the south 2 feet of the" ',';: ':;' ~\~'i-~1'if.
north 10 foot drainage and utility Basement for the subject property. The motion was duly" ':.' ::. .~~\,;';/~~~~~~'
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seconded and carried unanimously. ,: ", ,,\',:},';~1.*'f,
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This petition has been reviewed by the various city departments concerned with
vacations and the three utility companies and there are no objections.
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The City Attorney presented Ordinance #5322-92 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5322-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, 8erfield, Deegan and Garvey.
"Nays'.: None.
ITEM #13 - (Cont. from 12/3/92) Variance to Sign RegulS\tions for orooertv (Stewart Title
of Clwr) located at 1290-92-94 Court St., Hibiscus Gardens Sub., Blk O. Lots 35A and 36
and vacated street on east (Smoyer SV92-28HPLD)
The subject property is an interior )ot located at 1290-92~94 Court Street. The
applicant is requesting two variances for an existing freestanding sign.
Staff review indicates the request for additional sign height is not justified. There is
nothing unique about the shape of the property or its location which would require an
additional two feet of sign height to adequately identify the property. It appears the
request is based upon the applicant's intent to use the existing sign panels at their current
height and location. These existing panels could be relocated on the existing sign
structure in a conforming fashion.
Staff finds this request does not meet the following standards for variance
approval: 1) The variance requested arises from a condition which is unique to the
property In question and is neither ordinarily or uniformly applicable to the zoning district
nor created by an action or actions of the property owner, predecessor in title, or the
applicant. Any mistake made in the execution of a building permit or work performed
without the benefit of a permit shall not be considered to be situations which support the
granting of a variance; 2) The particular physical surroundings, shape or topographical
conditions of the property involved and the strict application of the provisions of this
development code would result in an unnecessary hardship upon the applicant; 3) The
variance is the minimum necessary to overcome the unnecessary hardship referred to in #2
for the purpose of making reasonable use of the land; 4) The request for a variance is not
based primarily upon the desire of the applicant to secure a greater .financial return from
the property; 6) The granting of the variance will not impair an adequate supply of light or
venti/ation to adjacent property, detract from the appearance of the community.
substantially increase the congestion in the public streets, increase the' danger of fire,
endanger the public safety in any way. or substantially diminish or impair the value of
surrounding property; and 8) The granting of the variance desired will not violate the
genersl spirit and intent of this development code.
Regarding the requested variance for sign setback, staff review indicates that the
applicant's claim that relocation on this site is not feasible is an accurate one. While the
sign could be relocated elsewhere on the sita, there would be a setback problem created
from the side property lines instead of the existing front property line setback. The site
design appears to work well in its current arrangement. Relocation of the sign in a
conforming fashion would interfere with the overall ~ite design with regard to vehicle
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access to the property. Staff feels the requested setback variance is justified since all
standards for variance approval appear to have been met; in particular, the existing site
design creates a unique, hardship situation and the applicant is requesting a minimum
variance.
Margaret Smoyer, applicant, stated the panels would not have to be cut off or
relocated if the 10-foot height variance was granted.
Commissioner Deegan moved to ~ a variance of 2 feet to permit a freestanding
sign 10 feet tall due to not meeting variance standards 1, 2, 3, 4, 6 and 8 and to aoorove
a variance of 4 feet to permit a freestanding sign to be located 1 foot from a property line
as all variance standards Bre met for the subject property. The motion was duly seconded
and carried unanimously.
Mr. Polatty indicated the street address could be on the top of the sign and not
counted in the height measurement. He requested Ms. Smoyer work with staff.
ITEM 1114 - Public Hearing & First Readina Ords. #5315-92 & #5316-92 - land Use Plan
Amendment to Public/Semi~Pub1ic and PIS? Zonina for oroDertv located at 1 234 Druid
~ (former Siples Restaurant), portion of Government Lot 1. Sec. 21-29-1 5, M&B 21.03
(Morton Plant lUP92-22, Z92-13){PLD)
The applicant is requesting rezoning and corresponding Future Land Use Plan
Amendment in order to allow the use of this property as an educational/training facility,
including a personnel office. The site overlooks Clearwater Harbor south of Jeffords Street
and west of Druid Road. Much of the surrounding property is owned by Morton Plant
Hospital. To the north, the property is used as offices. Directly to the east, the property
is occupied by a parking lot behind which is the main hospital building. The proposed use
is compatible to these properties and the existing building was designed to fit into its
waterfront setting,
The property south of the applicant's property is in the City of 8elleair and is
occupied by a low density residential development. Property owners from this area have
expressed concern about the rezoning to P/SP, particularly to potential height, buffering
landscape, and location of future buildings on the site. The P/SP district has a maximum
height of 50 feet, B setback from a side property line of 1 2 feet for structures 20 feet or
less in height, and a 12 feet plus 25% of the height of the structure above 20 feet for
structures greater than 20 feet in height.
It appears the residents to the south would prefer to see a greater setback with
special conditions on buffer landscaping between their residential district and any
development on the hospital's property. The Land Development Code (lDC) does not
provide a way to add such restrictions to a P/SP district. An alternative to the P/SP ioning
might be an Office Planned Development or Commercial Planned Development. Both of
these districts could permit any ~se authorized in the LDC for any office district. The
Commercial Planned Development (CPO) would add the possibility of permitting any use
authorized in the various commercial districts.
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On Oecember 1 f 1992, the Planning and Zoning Board recommended approval of
the PIS? Future Land Use Classification and Zoning for this property.
The proposed rezoning to P/SP does require an amendment to the Countywkfe
Future Land Use Plan and will thus require the review of the Pinellas Planning CouncIl.
Emil Marquardt. attorney representing the applicant, said Morton Pbnt is sensitive
to the surrounding residential area. He indicated there will be approximately 10-15
employees et the personnel office and six at the education center. He said there is
available parking on Jeffords Street and there will be no employee parking at the facility.
He indicated the hospital had spoken with the surrounding residents and they felt the
facility would be an enhancement to the area.
In response to questions, Mr. Marquardt indicated less than three acres of this large
site is developable, the building footprint will not be expanded and the area to the south
will be buffered by large treas and fencing.
Commissioner Barfield moved to approve an amendment to the Future Land Use
Plan to Public/Semi-Public and PISP zoning for the subject property. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5315.92 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance #5315-92 on first reading.
The motion was duly secondfld and upon roll call. the vote was:
.
"Ayes": Fitzgerald, Berfield, Deegan and Garvey.
"Naystl: None.
The City Attorney presented Ordinance #5316.92 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5316.92 on first reading.
The motion was duly seconded and upon roll call. the vote was:
.tAyes": Fitzgerald, Berfield, Deegan and Garvey.
"Nays't: None.
ITEM #15 . Amended Site Plan and First Reading Ord. #5323.92. IPD Zonina for Lot 1.
Clearwater 1 9 Commerce Center, 220E?7 US19, 14.13 acres m.o.l. (Kunnen. Jr. Z92-
07)(PLD)
This request is for a change of zoning to Industrial Planned Development (IPD) for
Lot 1 , Clearwater Commerce Center in order to allow a broader range of uses than that
permitted under the existing zoning for this developed parcel. The property is located on
the east side of US19 approximately 1950 feet north of Drew Street.
.
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This request was scheduled to come before the Commission on September 1 7,
1992, but was returned to the Planning and Zoning Board for further consideration. The
Planning and Zoning Board recommended approval subject to the following conditions: 1)
All freestanding signage shall meet the requirements of the Highway Commercial zoning
district: all attached signage shall meat the requirements of the General Commercial zoning
district: 2) There shall be no more than a cumulative total of 20,185 sq.ft. of gross floor
area for retail and restaurant uses, of which no more than 1,500 sq.ft. shall be for
restaurant uses; 3} New uses or revisions to existing uses within the center shall continue
to be reviewed, on a case by case basis, for any required impact fees; 4) The applicant
shall improve the retention area adjacent to the drain on the south side of his property In
accordance with his agreement with Public Works, including the sodding of the bank atong
the section to be improved; maintenance shaU be in accordance with standard City policy,
and the City shall perform maintenance required to maintain flow; 5) There shall be no
additional door or window openings on any building wall which faces a residential area;
and 6) The applicant shall submit a revised conceptual site plan which reflects the changed
site conditions resulting from the proposed highway improvement project and which
shows perimeter landscaping along US 1 9 in conformance with City Code requirements.
Such landscaping shall be installed within six months after completion of the highway
improvement project.
The site plan was reviewed by the Development Review Committee at its meeting
on November 25, 1992.
On November 17, 1992, the applicant was granted two conditional use permits by
the Planning and Zoning Board under the existing IL zoning. One permit was for outdoor
retail, display, and storage of automobiles and light trucks on the undeveloped section of
the property fronting US19. The second permit was for vehicle service uses in the
building on the north side of the property and for the north portion of the building at the
northwest corner of the property.
Under the current IPD zoning proposal, land uses on the property will be governed
by the uses listed on Attachment A in the agenda item. Dimensional and numerical
requirements for the property are established in Attachment B in the agenda item. After
first reading of the ordinance establishing the IPO zoning. Attachments A and B, along
with other applicable conditions, will be incorporated into the site plan, which will be
presented to the Commission for approval at second reading.
At Monday's worksession, a question was raised about whether the proposed list
of uses for the Clearwater" 19" Commerce Park would provide the applicant with
additional property value in the event of the FOOT taking. The Planning and Zoning Board
has been careful to condition recent conditional use approvals to minimize FOOT damages
in areas projected for taking. For outdoor displays, a time limitation condition was
established that reflected FOOT road improvement scheduling. For vehicle service, the
Board Umited its approval to areas outside of the taking area.
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The only uses proposed for the IPD that Bre not common to the IL district are:
medical cllnlcsllaboratories, personal services, indoor commercial recreation/entertainment,
commercial or trade schools, veterinary offices and animal grooming. Under the
recommended site plan conditions, high traffic generation uses (indoor retail sales and
restaurants) will be limited in allowable floor area to 20,185 square feet, with only a
maximum of 1 ,500 square feet of this total being available for restaurant uses.
Given these facts, staff does not feel the IPD zoning action will create a major
taking "windfall" for the applicant.
Timothy Johnson, attorney representing the applicant, stated the property was
developed in the 1980s with an ML zoning which allowed a variety of activities some of
which were eliminated in 1985 by the IL zoning.
Commissioner Berfield moved to approve IPD zoning for the subject property. The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5323-92 for first reading and read it by
title only. Commissioner Deegan moved to pass Ordinance #5323-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
ItAyes": Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
.
ITEM #16 - (Cont. from 12/3/92) Publlc Hearina & First Reading Ords. #5306-92. #5308-
92 & #5310-92 establishino new LUP classifications for the area and Ords. #5307-92.
#5309-92 & #5311.92 establishing a new 20ning oattern for the area and Ord. #5320-92
creatino a new Infill Commercial Zoning District - North Ft. Harrison/North Myrtle Avenue
Zoning Study (PLD)
In response to concerns by both commercial and residential property owners within
the study area, staff has prepared a neighborhood zoning study designed to promote
commercial redevelopment and enhance neighborhood stability in the study area. On
December 1, 1992, the Planning and Zoning Board recommended adoption of the study
subject to the following conditions: 1) a code amendment should be adopted to allow
reconstruction of nonconforming single family residences if they are destroyed or damaged
In excess of 50% of their value; 2) the following uses should be added to the proposed
Infill Commercial district as conditional uses: Bed and Breakfast Inns, outdoor commercial
recreation and congregate care; 3) the following use should be deleted from the proposed
Infill Commercial district: Blood Plasma Centers; and 4) a provision should be made to
allow noncommercial parking in the RS-8 zoning district for the portion of the study area
west of N. Ft. Harrison Avenue.
Staff has presented the study to the North Greenwood Design Review Committee,
Board of Directors, North Ft. Harrison Business Association, Old Clearwater Bay
Homeowners Association and the North Greenwood Association. Input from these groups
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has revealed widespread support for various aspects of the plan. Commercial revitalization
of the existing neighborhood commercial strips along North Fort Harrison and North Myrtle
Avenues was considered extremely important. There is also strong support from two of
the groups for the "downzoning" of existing RM~8 areas to a RS-8 classification to
promote neighborhood stability (N. Ft. Harrison ,Business Assoc. and Old Clearwater Bay
Homeowners Assoc.). However, there is a concern by several property owners in the area
that the rezoning will reduce the value of their property. Staff notes that existing duplex,
triplex and multifamily uses are currentlv nonconforming under their existing RM-a
classification; they would remain nonconforming under the proposed RS-8 classification.
There is a second concern that commercial conversion of the RM-a area
sandwiched between two commercial strips will result in reducing the amount of land
available for affordable housing in this area of Clearwater, as well as creating a "barrier"
between the North Greenwood and Old Clearwater Bay neighborhoods.
Staff recognizes this concern and, in the plan, proposed addressing the affordable
housing issue through the commitment of the construction of a minimum of 50 multiple
family housing units within the area by 1995. Construction of these units will replace the
housing units that might be removed from this area as redevelopment occurs.
.
Also, regarding the tlbarrier" issue, staff recognizes the potential for a larger
commercial area to impede access from both a physico I and a psychological standpoint
between the two neighborhoods. However. the area proposed for the rezoning does not
constitute a stable residential area due to the existing land use patterns which have been
established in this area. The subject property is sandwiched between two commercial
areas and will continually face land use conflicts due to this existing land use pattern.
Attempting to create an expanded residential zoning pattern to minimize these conflicts is
not likely to succeed since there will be a continued incentive for commercial property
owners to retain their property, even in a nonconforming status, in commercial use.
Staff recommends Commission adoption of the Plan and its associated ordinances
as recommended by the Planning and Zoning Board, with the exception of the proposal to
aI/ow noncommercial parking as a conditional use in the RS~8 zoning district. Staff has
promoted a rezoning of the existing RM-8 residential area west of N. Ft. Harrison Avenue
in order to maintain and increase neighborhood stability. Allowing commercial uses
fronting on N. Ft. Harrison Avenue to extend their parking lots into this Brea will not serve
this purpose.
Finally, staff has looked into the proposal to extend higher density multifamily
zoning along the north side of Venetian Drive. Staff feels that going beyond a recognition
of the existing 12 unit multifamily structure will negatively impact neighborhood stability
by introducing ~, higher density residential uses to the area. Further research into this
matter has led staff to conclude that the appropriate zoning district to recognize the
existing multifamily use is RM-16, rather than RM-20.
.
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Planning Manager Scott Shuford summarized the zoning study stating it recognizes
the predominantly single family neighborhoods adjacent to Clearwater Harbor. He stated
the proposal also includes the formation of a new zoning category of infill commercial.
Russell Latimer, representing the residents of Venetian Point and Venetian Drive,
said the residents are confused as to what is being proposed. He expressed opposition to
the change of zoning along the north side of Venetian Drive indicating it would promote
lower income multi-family housing and would not be in the best interest of this small areB.
One citizen spoke in opposition expressing concern the change in zoning would
impact parking as he felt it was atready inadequate and multi-family zoning would destroy
the neighborhood the residents have tried ~Q improve. He submitted two letters in
opposition to the change in zoning on Venetian Drive.
One citizen who lived next door to the apartment complex was not opposed to the
proposal but was opposed to "spot" zoning. He felt he should have the same rights as the
property next door. He questioned whether this zoning would allow the apartment owner
to add more units.
Mr. Shuford said the intent is to recognize the existing density and the apartment
owner could not add any more units.
A petition containing sixteen signatures was submitted in opposition to the zoning
change on Venetian Drive.
. One citizen expressed concern there was not enough room for both residential and
commercial along Ft. Harrison and Osceola Avenues.
One citizen said commercial should be kept on one side and residential on the other.
One citizen said there should be a balance between residential and commercial and
requested that the downtown core zoning be extended to Nicholson.
There was discussion regarding the need for a balance between residential and
commercial and allowing some conditional uses as permitted uses.
In response to questions. Mr. Shuford indicated the RM~ 16 zoning for the apartment
parcel would minimize the nonconformities and would allow it to be rebuilt if destroyed.
Concern was expressed the area of the apartment complex was being treated
differently and it was indicated this site was large enough to stand on its own.
Discussion ensued in regard to working toward uniformity with the surrounding
single family zoning and not rezoning the apartment complex parcel to RM-16. It was
pointed out if zoned RS, this parcel could not be rebuilt at the existing density if destroyed.
.
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Discussion ensued In regard to the property zoned RM-B and it was questioned
whether the whole area should be zoned AS-S. Mr. Shuford indicated this zoning would
allow only building back If all code requirements are mat. It was felt everyone in the area
shuuld be treated equally.
Commissioner Bertield moved to withdraw Ordinances Nos. 5306-92 and 6307-92,
which would have zoned the property of the Apartment Complex to RM-16, and direct
staff to prepare the necessary documents to place the property under RS-B zoning. The
motion was duly secondod and carried unanimously.
The City Attorney presented Ordinance #5308-92 for first reading and read it by
title only. Commissioner Deegan moved to pass Ordinance #5308-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Barfield, Deagan and Garvey.
"Nays": None.
The City Attorney presented Ordinance 1/5309-92 for first reading and read it by
title only. Commissioner Fitzgerald moved to pass Ordinance 1/5309-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
.tAyes.': Fitzgerald, Berfield, Deegan and Garvey.
.
.tNayst,: None.
The City Attorney presented Ordinance #5310-92 for first reading and read it by
title only. Commissioner Deegan moved to pass Ordinance #5310-92 an first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5311-92 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5311-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
The City Attorney presented Ordinance 115320~92 for first reading and read it by
title only. Commissioner Deegan moved to pass Ordinance 1/5320-92 on first reading.
The motion was duly seconded and upon roll call, the vote was:
e'
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"Ayes": Fitzgerald, Berfield, Deegan and Garvey.
tlNays": None.
The meeting recessed from 9:00 p.m. to 9:16 p.m.
ITEM #17 a (Cont. from' 2/3/92) Public Hearino & First Reading Ords. #5296.92 &.
1l5312.92. Comorehensive Plan and Land Oevelooment Code Amendments related to the
Countywide CQnsistencv Prooram: Res. #92-69 a authorizing the ppe to reauest
amendments to the countywide ola" for orooe(ties located within City limits: and R~~.
#92.78. reauesting the PPC to reconsider certain of its countywide Land Use Plan rules
(PLD)
On October 13. 1992, the Planning and Zoning Board recommended denial of the
proposed changes to the City's Comprehensive Land Use Plan and Land Development
Code relative to the PPC Consistency Program. On November 5, 1992, this item was
continued by the Commission in order for a joint worksession to be held on this subject
with the Planning and Zoning Board.
Two joint worksessions were held on November 17 and November 30, 1992.
David Healey, Executive Director of the ppe, was present at both meetings to answer
questions about the Countywide Rules relative to the PPC Consistency Program. The
following summarizes the joint worksessions.
.
City Land Use Plan Cateoories
The proposed increase in the number of land use classifications will require more
reviews by the PPC and Countywide Planning Authority. County Commission (CPA),
thereby reducing City Commission authority to make local changes. As discussed in the
worksessions, it is unlikely the PPC staff will favorably consider consolidating or reducing
the number of categories since substantial discussion and effort has gone into establishing
these categories, and approximately one half the local government in Pinellas County have
implemented changes to their regulations to adopt the proposed categories. However. to
retain the appropriate level of local zoning authority and flexibility. the Commission may
wish to consider requesting the PPC consider reducing the total number of land use
categories on the Countywide Plan from 29 to approximately 10.
Thresholds
The PPC has established a ohe acre threshold for land use plan changes that place
properties under this threshold level on the Council's consant agenda. Staff has
recommended that revisions be made to the Special Act to entirely exempt subthreshold
amendments from PPC review. Staff has also recommended increasing the threshold in
accordance with the Planners Advisory Committee recommendation or with State small-
scale amendment thresholds.
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Transfer of DeveJooment Rights (TDR'~)
The PPC has established a maximum transfer of one unit per acre from properties
designated Preservation (except for properties seaward of the CCCL). Staff feels TOR
regulation should be a local prerogative. Staff would recommend that TOR's be deleted
from the Countywide Rules, leaving its regulation entirely to the discretion of local
governments, as has been done in a limited fashion for TOR's across the CCCL.
Maior Oensitvllntensitv Reductions
The .95 Impervious Surface Ration USR) countywide requirement in the Resort
Facilities High classification will require changes to the Beach Commercial Zoning District
which currently has no minimum open space requirement. Given discussion at the
worksessions, PPC will not support a change. Staff recommends the PPC be asked to
revise its Rules to allow a 1.0 ISR for existing areas in this classification which have been
developed under a 1.0 ISR requirement (e.g., the Beach Commercial Zoning District).
The .65 Floor Area Ration 'FAR) countywide requirement in the Institutional
classification specifically affects Morton Plant Hospital's expansion plans. The City's P/SP
zoning district allows a maximum FAR of 1.00. PPC staff has indicated support for some
solution to this concern. Staff recommends the PPC be asked to revise its Rules to allow a
1 .0 FAR for hospital uses within this classification.
Staff recommends the Commission adopt a resolution to the PPC expressing the
City's concerns about the changes to the City's Comprehensive land Use Plan and Land
Development Code regulations.
The Planning and Zoning Board reconsidered this item on December 15, 1992.
They recommended approval of the Comprehensive Plan and Land Development Code
Amendments and approval of Resolution #92~78. The Board felt strongly that the .95 ISR
requirement in the Resort Facilities High classification should be ,deleted from the
Countywide Rules in order to be consistent with existing standards in the City for
properties on Clearwater Beach.
Exhibit A of Resolution #92-78 has been revised deleting the recommendation on
the "City Land Use Categories" issue; deleting City objections to the .95 ISA requirement
in the Resort Facilities High classification; deleting the Residential Office Limited and
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General concern under the "Minor Densltyllntensity" Issue; and revising the wording of the
"Small Scale Amendment Thresholdstl .
Staff recommends deleting the "City Land Use Categories" Issue because the added
categories ultimately provide the City with greater flexibility to annex property without
PPC revIew under the City's interlocal agreement with Pinellas County.
The .95 ISR and Residential Office Limited issues were deleted as it was the
consensus of the Commission to not address these relatively minor issues at this time.
The threshold issue language was revised after discussions with the City's lobbyist,
James Massie, to clarify the intent of the language.
Staff recommends the Commission adopt on first reading the proposed changes to
make the City's Comprehensive Land Use Plan and Land Development Code consistent
with the Countywide Plan. Simultaneously, the resolution to change the rules in the areas
which conflict with the City's standards will be forwarded to the PPC. If the PPC decides
to make these changes, then the regulations will be modified at second reading. If the
ppe chooses to not make the changes, then the Commission will be asked to advise staff
on what course of action to take at second reading. Amendments to the City's
Comprehensive Plan will be sent to the State DCA as a part of the City's first State
biannual 1993 review.
Senior Planner Sandy Glatthorn reviewed the suggested changes.
.
Emil Marquardt, Morton Plant attorney, spoke in favor of increasing the maximum
.65 FAR to 1.0 for hospital uses in the institutional category indicating this increase is
needed to meet community needs.
Dave Healey, Pinellas Planning Council Director, requested clarification of the
change in FAR, and Mr. Shuford stated the change is only for hospitals in the institutional
classification.
Commissioner Deegan moved to amend Ordinance #5296-92 on page 1, amend
Section 135.005, Subsections 1, 2 and 3 to read: 1) The Single Family Residential "One"
District shall be consistent with either the residential estate plan classification or the
residential urban plan classification; 2) The Single Family Residential "Two" District shall
be consistent with either the residential suburban residential plan classification or the
residential urban plan classification: and 3) The Single Family Residential nFour" District
shall be consistent with either the residential low residential plan classification or the
residential urban plan classification. On page 23, amend Section 135.158, Subsection 7
to read: Maximum floor area ratio: 0.7 for properties with transportation/utility plan
classification; 0.65 for properties with institutional plan classification, except for hospital
uses which shall be permitted a maximum FAR of one (1.0) and on page 28, in Section
136.011 (f), delete Subsection 2 and renumber 3. The motion was duly seconded and
carried unanimously.
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The City Attorney presented Ordinance #5296.92 as amended for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5296-92 as
amended on first reading. The motion was duly seconded and upon roll call, the vote was:
ttAyes": Fitzgerald. Berfield. Deegan and Garvey.
"Nays": None.
Commissioner Fitzgerald moved to amend Ordinance #5312-92 by amending Exhibit
A. regarding Policy 3.2.1., revised to add RS-', RS-2 and RS-4 to the RU LUP
classification; and add 1.0 FAR for hospital uses in Institutional LUP classification and
amending Exhibit B to delete activity center designation from Clearwater Beach from
Growth Centers map; and revise LUP classifications to AU for RS-2 and RS-4 zoning
districts within City limits. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5312-92 as amended for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5312-92 as
amended on first reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
The City Attorney presented Resolution 1192-69 and read it by title only.
Commissioner Deegan moved to pass and adopt Resolution #92-69 as amended and
authorize the appropriate officials to execute same. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Fitzgerald, Barfield, Deegan and Garvey.
ItNayst,: None.
The City Attorney presented Resolution 1t92~78 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution //92-78 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Garvey.
,
"Nays": None.
ITEM It 18 - (Cont. from 1 2/3/92) Revised Downtown DeveloDment Plan - First Reading
Ords. #5297-92, #5298-92, #5299-92, #5300-92 & #5302.92 to expand D.T. Dev.
District Land Use Plan classification; First Reading Ords.' #530 1-92. #5303-92. #5304.92,
#5305-92 establishing Urban Center (Eastern Corridor, Core or Bayfront) zoning; First
Reading Ord. #5235-92 revising Urban Center zoning district requirements and Res. #92-
73 - accepting O.T.Dev. Plan and expanding the eRA area (PLD)
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ITEM #19 - (Cont. from 12/3/!:)2) Variances ~o Sign Reaulations for Drocertv (Davton
Andrews. Inc.) located at 2388 Gulf-to-Ba~. Sec. 18-29-16, M&B 24.05 & 24.06, and
Gulf to Bay Estates, Unit 3, Lots 594-597 (Massey Motors, Inc. SV92-26HPLD)
ITEM #20 - (Cant. from 12/3/92) Variances to ~jgl1 Regulations for crooertv (Lokey
Oldsrl1o~ne.lnc,) located at 2339 Gulf-to-Bav, Sec. 18-29-16, M&B 31.05, and Lokey
F.B.C., Lot 2 (Lokey. McFarland, Flaws & Barnett Banks Trust Co. SV92-44)(PLD)
ITEM H21 - (Cont. from 1 2/3/~ 2) Public Hearing - Uohold decision of Building Official bv
Res, #9~-~6 - to demolish orODertv located at 905-907 H~rt Street (a/k/s Plala Park Sub..
Blk C. Lots 15 & 16) if owner fails to reDair or demolish structures within 30 days (PLO)
Commissioner Fitzgerald moved to continue Items Nos. 18, 19,20 and 21 to the
regularly scheduled meeting of January 21, 1993. The motion duly seconded and carried
unanimously.
ITEM #22 - Declare as surolus. for the ouroose of leasing to the IAFF( orooertv located in
Magnolia Park Sub., Blk 12, Lot 8, for the period 1/1/93.12/31/97, for a monthly rent of
$275 (GS)
This item was withdrawn.
Public Hearing - Second Reading Ordinances
ITEM #23 - Ord. #5261-92 - land Use Plan to low Densitv Residential for orooertv located
at 3160 McMullen-Booth Rd., Sec. 21-28-16, M&B 23.04, 23.05, 23.06, 23.08 & 23.13,
17.35 acres (McCullough LUP92-13)
Commissioner Deegan moved to amend Ordinance #5261-92 by substituting a
revised Exhibit A to correct scrivener's error in the legal description. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5261-92 as amended for second reading
and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance
#5261-92 as amended on second and ,final reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Fitzgerald, Barfield, Deegan and Garvey.
"Nays": None.
ITEM #24 - Ord. #5262-92 - RS-6 Zoning for prooertv located at 3160 McMullen-Booth
fuL.. Sec. 21-28-16, M&B 23.04, 23.05, 23.06, 23.08 &'23.13, 17.35 acres (McCullough
A92-07)
Commissioner Fitzgerald moved to amend Ordinance 115262-92 by substituting a
revised Exhibit A to correct scrivener's error in the legal description. The motion was duly
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seconded and carried unanimously.
The City Attorney presented Ordinance //5262-92 as amended for second reading
and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance
#5262-92 as amended on sacond and final reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
ITEM #~5 - Qrd. #5321-92 - Amending CM. 54 re: solid waste
The City Attorney presented Ordinance //5321-92 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance //5321-92 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Garvey.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #26-37) - Approved as submitted less Item #32.
Agreements - Approved.
It~M #26 - Joint Proiect Aareement with Pinelles Count\' to relocate natural Qas mains
during imorovements to East Bav Dr. and Betcher Rd. intersection at an est. labor cost of
$62,808.29 (GAS)
ITEM #27 - Amendment to aareement with Chf ehf Rodriguez Youth Foundation. 10<;;.. to
eliminate coraaraph 34 relatlna to the foundation constructinq: a nature center and Dark
(PR)
ITEM #28 - Renewal of agreement with The School Board of Pinellas County oroviding for
the fofnt use of facflftfes for the period 1/1/93-12/31/93 (PR)
Bids & Contracts - Awarded.
ITEM #29 - Purchase of Qarden and nursery chemicals for the Deriod 12/18/92-' 2117/93
to J.e. Ehrlich Chemical. at (!n est. $2.185.05: Van Waters and Roaers Inc.. for
$9.886.30: Lesco Inc;. for $158.50: Terra Internationallnc.. for $9.405.70; and Helena
Chemical Co.. for $34,734.99 for an est. total of $56,370.54 CPR)
ITEM #30 - Contract for Edenville Channellmprovements to Suncoast Excavating, Inc..
Ozona, FL, for $25,600 (PW)
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ITEM #31 - Contract for structural demolition of DroDerties located at 1701 Hercules Ave.
and 1311 Kinas Hiohwav to Eicher's Backhoe, Clearwater, FL, for $25,336.50 (PW)
ITEM #32 - See Dace 20
ITEM #33 - Contract for lot mowing & debris removal to Sunshine Lawn Maintenance.1m
the oeriod 12/18/92-12/17-93. at an est. $32.250: and terminate contract with
International Landscaoe Contractors due to unsatisfactorv oerformance (PLD) ,
Citizens & Staff Reauests - Approved.
ITEM #34 - Reaoooint Rov Mav and Aooolnt William Schwab to the Board of Trustees.
Clearwater Police Suoolementarv Pension Plan (PO)
,ITEM #35 - Authorization to file suit against Randoloh Centeno for damaae to Citv
orooertv leA)
Plans & Plats - Approved.
ITEM #36 - Preliminarv Site Plan for Hunter Blood Center. Inc. (Mobile Station) located at
2151 Calumet St.. Clearwater Industrial Park. Dart of Lot 12 (Martin) lPLD) Authorize
review of a final site plan with final action by the Development Review Committee (D.R.C.)
subject to the following conditions: Perimeter landscaping shall be installed in accordance
with Section 1 36.023 of the Land Development Code; 2) The requisite building permit be
obtained within one year from the date of certification of the final site plan; and 3) The
westernmost driveway shall be removed.
Receiot & Referral - Received and Referred.
ITEM #37 - Annexation. land Use Plan Amendment to Low Densitv Residential and RS-8
Zonina for orooertv located at 2200 N. Manor Blvd., Clearwater Manor, Lot 17, 0.17 acres
(Wickman, Jr. A92-12, LUP92-23)(PLD)
Commissioner Berfield moved to approve the Consent Agenda as submitted less
Item 1/32 and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
ITEM #32 - Amendment to contract with Post. Bucklev. Schuh & Jerniaan. Inc.. for
$190.400.40. IncreasinQ the contract amount to $686.830.29 for the oreoaration of a
PD&E study for the widenina of Drew Street to include additional work involvina the
examination of a one-way oair as one of the oroiect alternates (PW)
The City proposes to widen Orew Street from just west of Ft. Harrison Avenue to
just east of Northeast Coachman Road in cooperation with the Florida Department of
Transportation (FOOT). The City has agreed to take the lead in the project's development
by preparing the Project Development and Environmental Study (PD&E) in accordance with
FDOT and Federal Highway Administration (FHWAI rules and procedures.
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The City has allocated $4 million to accomplish as much of the studies, design,
right~of~way acquisition and construction as the amount will afford, with the State joining
the effort in a future fiscal year and thereafter taking the project to conclusion.
At the meeting of December 5. 1991, the Commission approved an engineering
services contract with Post. Buckley. Schuh & Jernigan, Inc. (PBSJ), for the preparation of
the PO&E study for a fee of $496,429.89. The contract is structured such that the
numerous subsequent phases can be assigned to PBSJ. should the City desire when the
need arises. At the time the contract was being negotiated and the scope of services
described. the City purposefully eliminated an item of work involving the examination of a
one~way pair atong Drew Street/Cleveland Stroot as a project alternate. Staff did not
believe the costs associated with an examination of this one-way pair alternate was money
well spent. While the FDOT examined and approved the proposed contract with PBSJ.
staff has, from the start, been aware that the one-way pair study might have to be
included to fully comply with FHWA regulations. The FOOT has now stated the one-way
pair alternative must be included due to the possibility of constructing a lower cost facility
to meet future traffic demands by minimizing right~of~way acquisition and construction
costs and to meet FHWA study requirements. Public involvement is a major component of
the PD&E study and a one-way pair may well be rejected by strong public opposition.
Although it appears that the one.way pair consideration may drop out early, it is necessary
now to amend the City's existing contract to include that item of work. The amendment
consists of an additional 2,305 manhours of work for an added value of $190,400.40.
This cost will be reduced if the one.way pair option is dropped after the first public
workshop. The hourly rates for the various personnel involved are the same as the
existing contract approved in 1991.
Public Works Director Bill Baker said in order to comply with state regulations
regarding fight~of~way acquisition and to receive funding the City needs to examine all
alternatives, including a one-way pair.
In response to a question, Mr. Baker said the segment of Orew Street from SR 60
to N. Fort Harrison Avenue is the only city portion of the street.
Commissioner Berfield moved to approve the amendment to the contract with Post,
Buckley. Schuh and Jernigan. The motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #38 - Ultimar Three Condominium Appeal ra: oropertv located at 1560 Gulf Blvd..
Sand Key (Sea Towers Construction Co./Johnsonl(PLO)
The developer of the Ultimar Three residential condominium development is
appealing the City Manager's decision to prohibit two aspects of the proposed site plan
design which are not in conformance with the Final Judgement of the Circuit Court
Settlement Stipulation imposed on October 17, 1 986. The stipulation states that in the
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event the City Manager determines the proposed site plan Is not in conformance, the
owners shall have the right to appeal the decision at the City Manager to the City
Commission.
First, the developer Is proposing to increase the height of the proposed structure to
280 feet which Is 70 feet above the maximum height allowed by the settlement stipulation
which allows a height of 210 feet. However, Exhibit "B" Parcel" Schematic Site Plan,
note number a, states: "The height of the building structures is defined as the distance
above the flood plain to the roof deck or, in the case where sloped roofs are used, to the
mid-point of the roof slope. Elevator machine rooms, mechanical rooms, stairs, parapet
walls and other necessary design elements will be permitted above the maximum heights
established herein".
The Ultimar residential devel9pment includes three buildings, of which two have
already been constructed. Ultimar One has a height of 210 feet and Ultimsr Two has 8
height of 252 feet. The Ultimar Two tower was built to 252 feet to accommodate
mechanical rooms that were perceived to be "necessary design elements" when the tower
was qpproved. Staff approved the 252 feet height for Ultimar Two since the usable floor
space was below the 210 feet limit and only machinery, parapet walls and similar features
extended above 210 feet, in accordance with note 8 above.
A letter from James Polatty, Planning and Development Director, to the applicant's
representative contains a statement that the allowable height for the Ultimar Three project
is 248 feet. This height limit was based on a staff estimate of the Ultimar Two building
height that further research has determined to be in error; the building is actually 252 feet
tall. Staff feels that if the Ultimar Three building is constructed to the same height as the
Ultimar Two building. it will be sufficiently tall enough to accommodate any likely
mechanical equipment and other necessary design elements.
The Sand Key skyline is an important characteristic of Clearwater and should reflect
the best planning and architectural practices possible for the long term benefit of the
citizens and visitors of Clearwater. The applicant has presented no "hardship" as to why
the building should be 280 feet high rather than 252 feet like the Ultimar Two structure.
The design elements associated with this extra height appear to be simply aesthetic in
nature and are not related to mechanical requirements.
Second. the developer of Ultimar Three residential condominium development is
proposing to include an in-ground swimming pool within the clear view corridor. The
settlement stipulation does not aI/ow active recreation uses in the clear view corridor.
Exhibit "Bit Parcel II of the Schematic Site Plan, note number 4, states: "The view
corridors through the site will exclude all structures, walls, fences and parking, but will
allow passive recreational amenities, landscaping, pedestrian walkways, driveways and
emergency vehicle access ways."
The applicant has presented no "hardship" as to why the swimming pool must be
located in the clear view corridor.
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A letter of opposition has been submitted by the representative of the Harbor
Condominium located across Gulf Boulevard from the proposed tower. The letter states
that it is also an appeal of any decision by staff to authorize a building height in excess of
210 feet.
Timothy Johnson, Jr., attorney representing the applicant, stated the 1986
settlement stipulation governs the development of the property and not the land
development code. He said a memo from the previous Planning Manager Paula Harvey
indicated that she considered a swimming pool a passive recreational amenity and felt an
inground pool is authorized by the agreement. He indicated the agreement allows for
landscaping which he felt would be more obtrusive in the view corridor than a pool. He
said the approved site plan for Phase II showed a pool in the view corridor.
Mr. Lee, architect, said the design of the building dictates the height and he felt the
roof top was an important element. He said he had participated in negotiating the
language for the agreement and the reference to "structure" in the view corridor referred
to a building and not a pool. He said the intent was to protect the view corridor and a
pool would enhance the visibility of this corridor.
The president of Dan's Island Sand Key Civic Association, spoke in support of the
of the proposed design. He said the design of Phases I, II and 1/1 were tasteful and
aesthetically pleasing.
Harry Cline, attorney representing a Coalition of Sand Key Homeowners, spoke in
opposition to any modification or variance to the proposal. He objected to any expansion
of height over and above the agreement and to anything other than passive recreation
within the view corridor as defined in the agreement. He said a pool is considered as a
"structure" under the code.
The president of the Harbor Condominium Association strongly objected to the
proposal indicating the agreement should be honored.
Mr. Johnson stated if the pool is not allowed in the proposed location, the
ayailability of four gulfside townhouses valued at $3 million would be lost. The project will
be delayed resulting in loss of sales and increased costs. He indicated a lawsuit would be
filed jf the City does not approve the application.
The City Manager said when he reviewed the request, he applied the "common
sense test." He read the agreement to see what would be permitted above the 210 foot
allowable building height and whFiC was a necessary design element. He said all structures
were to be excluded in the view corridor.
Mr. Polatty felt the r,tipulation agreement overrides the land development code and
said the site plan depicted a pool in the view corridor.
Concern was expressed the height and shape of the Phase III building would create
a greater shadow effect on surrounding properties.
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An opinion was expressed the pool would not create a problem if it was not
elevated.
Commissioner Berfield moved to deny the developer's appeal to increase structure
height to 280 feet. The motion was duly seconded and carried unanimously.
Discussion ensued in regard to what would be considered a passive amenity. It
was felt the City's intent was to protect the view corridor when the agreement was
negotiated.
There was discussion in regard to whether a pool was considered to be a structure
and it was indicated a "structurel! is clearly defined in the code.
Commissioner Deegan moved to deny the location of an in&ground swimming pool
within the clear view corridor. The motion was duly seconded and upon the vote being
taken. Commissioners Berfield and Oeegan and Mayor Garvey voted "Aye;" Commissioner
Fitzgerald voted "Nay," Motion carried.
ITEM #39 ~ Reiection of mediation 8Qreement between the City and Roger Brennan (eM)
On November 17. 1992, the Brennan v. City was mediated with some potential
success. While the settlement agreement is expressly contingent on the parties reaching
an agreement on attorneys' fees and costs, both parties desire that any settlement be
generally consistent with the mediation agreement.
.
Further. because of the amount of money involved, approval of any settlement
rests with the Commission under the claims ordinance. Since that mediation, the parties
have worked out the attached settlement agreement and release. The only issue
outstanding in the event the Commission decides to accept settlement as an alternative to
continued litigation is the amount of attorney fees to be paid the plaintiff's attorneys. Ms.
Deborah Crumbley has met and conferred with the plaintiff's attorney on the issue of
attorney's fees and costs. The parties have compromised the issue of costs with an
agreement of $3,883.40. The economic portion of the plaintiff's settlement is in the gross
amount of $10.000.
An offer to the plaintiff's attorney of $30,000.00, inclusive of all fees and costs, to
settle this matter has been made in accordance with the terms of the draft agreement and
release. Ms. Pequignot is prepared to settle in accordance with the agreement if she
receives $40,000. inclusive of all fees and costs. Since we have estimated $30.000 to
$50,000 to fully litigate this matter, a settlement offer in excess of that already offered is
not economically sound since the City would spend that much litigating the case and. it is
believed, would likely prevail on the merits. Needless to say, the plaintiff has a different
opinion as to the merits. Further, the plaintiff is threatening additional legal action which
could increase the City's fees.
Notwithstanding this facti it is staff's opinion that a settlement offer in excess of
what has already been communicated is not warranted.
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Ms. Crumbley reviewed various options available to the City and indicated, if this
case is not settled in mediation, the City will proceed to court. The federal court date is
set for the January 1993 docket.
Margot Pequignotf the plaintiff's attorney, said the mediation process is not the
same as a settlement. The judge tells the parties they are to mediate. Ten hours were
spent on this mediation and out of it came what is thought to be a compromise that both
sides could live with. Ms. Pequignot said the controversy between Mr. Brennan and the
City has been going on for five years. She said there has been a lot of dollars spent and
emotional upheaval due to this case and Mr. Brennan will not benefit financially. She
Indicated the plaintiff likes and wants to keep his job. She pointed out in most cases
where the EEOC has found cause, 58 percent of these cases were won by the plaintiff.
In response to a question, it was indicated the only difference between the
mediation agreement and settlement agreement was in the title and the addition of
language such as dollar amount, listing FLSA as cause of action, etc.
Commissioner Deegan moved to extend, for five calendar days, a settlement offer
of $10,000 to the plaintiff and $30,000 in attorney fees and cost. The motion was duly
seconded and carried unanimously.
ITEM #40 - (Cont. from 12/3/512) Fourth amendment to oaragraoh 3 of Lease Aareement
with Bikini Buttons. toe.. dated 6/12/90. allowing sale of charts, maps, personalized
license plates, fruit shipping service (produce not allowed in store), key duplicating service
and sale of greeting cards (MR)
The applicant's attorney requested a continuance as he has just recently been
retained.
Commissioner Deegan moved to continue this item to the next regularly scheduled
meeting of January 7, 1993. The motion was duly seconded and carried unanimously.
ITEM #41 - Authorize Durchase of 31.4 acres of land on Drew Street. Sec. 8-29-16. M&B
44.01 and Dortion of 43.01 for $1.500.000 ($1.250.000 in cash from Citv and $250.000
in the form of a 501-C3 IRS Qift to the City) and related survev. engineering and closing
costs of $50.000 for a total dollar cost to th~ City of $1.300,000 (PRJ
At the Commission Meeting of December 3, 1992, staff was directed to offer
$1,250,000 for the subject 31.4 acres. According to a letter from Harry Cline dated
December 10, 1992. the owners propose to convey the site to the City for the price of
$1,500,000, accept that the City will pay only $1,250,000 in cash while the remaining
$250,000 will be gifted to the City as provided for under the 501-C3 IRS code.
The subject property is located west of the Eddie C. Moore Recreation Complex.
Approximately 11 acres are proposed to be reserved for three regulation softball fields, a
parking lot and other facilities. Additionally, a 50 foot wide strip along the north property
line will join the subject property to Eisenhower School and will allow for the connection of
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the City's east-west bicycle path. Of the remaining 20 acres, approximately 9.2 acres are
considered environmentally sensitive while the other 10.8 may be used for passive or open
space recreation.
The City's Comprehensive Plan Identifies a need for two additional softball
diamonds by 1996 and a third diamond by the year 2000. Vacant property of sufficient
size is rapidly disappearing and staff feels it important this subject site be acquired while it
is stili available.
Staff recommends the following funding sources:
Open Space Impact Fees
Open Space Interest '
Recreation Land Impact Fees
Infrastructure Tax/Existing
CIP Project 31 5-3119
Total
$ 931,010.00
$ 65,220.00
$ 272,206.00
$ 41.564.00
$1.300,000.00
Since softball fields are considered to be of city-wide significance, impact fees
collected throughout Clearwater are eligible. The first quarter budget review will include
an amendment to transfer the impact fees into project 315-31 99, softball complex land, to
provide funds for the purchase, engineering and survey of this property.
.
Concern was expressed regarding the City's obligation in verifying the gift to the
Internal Revenue Service.
Harry Cline, attorney representing the applicant, said all the City has to do is
acknowledge reclining the gift.
Lee Arnold, realtor, said the burden is on the donor of the gift. It is a criminal act
to donate more than the value of the property being purchased.
A citizen expressed concern regarding the City verifying the gift and questioned the
validity of the Commission authorizing the purchase without a contract before them. He
questioned what the City was getting, whether they were under a time constraint and
requested they continue to negotiate the purchase price.
John Gerlach, representing the owners, said the purchase price is considerably less
~han market value and there are no time constraints.
It was pointed out there are approximately 9.2 acres of environmentally sensitive
land that can not be used and that is why the Commission made a lower offer for the
property.
Commissioner Berfield moved to authorize purchase of 31.4 acres of land on Drew
Street, Sec. 8-29~16, M&B 44.01 and portion of 43.01 for $1,500,000 ($1.250,000 in
cash from City and $250,000 in the form of a 501-C3 IRS gift to the City) and related
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survey, engineering and closing costs of $50,000 for a total dollar cost to the City of
$ 1,300,000. The motion was duly seconded and carried unanimously.
ITEM #42 ~ Res. #92~ 77 - am~ndina fee schedule to eliminate fees associated with
annexations and to establish a fee for develoDm~nt agreements (PLDJ
As an initial step in proceeding with the annexation incentive program directives
provided by the Commission, staff has produced a proposed amendment to the fee
schedule to eliminate fees associated with annexations.
This fee schedule would result in there bAing no charges for the annexation of
properties into the City, including any necessary zoning or land use plan amendments
associated with the annexation. Of course, subsequent changes to zoning or the land use
plan for properties which have been annexed will carry the same fee as for other properties
currently within the City.
The fee schedule also establishes a fee for development agreements.
The City Attorney presented Resolution #92~77 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution /t92~77 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Garvey.
.
"Nays": None.
ITEM #43 ~ Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #44 - Oth~r Citv Attornev Items ~ None.
ITEM #45 ~ City Manager Verbal Reoorts
A) Mass Brothers Request For Proposal (RFP).
Th~ City Manager asked if the Commission was satisfied with the RFP for the Maas
Brothers' property.
It was the consensus to include the entire footprint of the existing building in the
property available.
Discussion ensued in regard to whether or not to include in the RFP that the
underground parking could be handled through the eRA as it is felt the issue of parking
could be used as a negotiating tool.
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An opinion was expressed including in the RFP that the CRA might help increase
the number of responses. It was the consensus to separate reference to the eRA from the
sentence regarding underground parking. but that the availability of CRA assistance be
Included In the document.
In response to B question, it was indicated consideration would only be given to a
lease.
Cleveland Street Closing
The City Clerk reported the Downtown Development Board is requesting Cleveland
Street be closed annually a Hall of Fame Game Event and monthly for Downtown Comes
Alive Concerts. She indicated DOT would require closure from Myrtle Avenue to Osceola
Avenue and that sworn police personnel be used for traffic control. Consensus was not to
close for the monthly events and the annual event closure be requested in time to be
discussed during the budget process.
A question was raised regarding the status of the Kravas lot. It was indicated the
parking lot is currently being designed and staff is proceeding with all deliberate speed.
.
The Assistant City Manager reported on the 3 month trial trolley express from the
beach to downtown. Brochures placed in motels have promoted the free service and
ridership has increased. A concern has been expressed regarding some of the trolley
ridership being passengers that had been paying and riding PST A's Route 80 to Island
Estates. A suggestion was made that the IsIs'1d Estates stop be changed from the
shopping center to the Marine Science Center.
Commissioner Barfield moved to approve continuing the express trolley for 90 days,
changing the Island Estates stop to the Marine Science Center and authorizing PST A to
purchase an additional trolley at no cost to the City. The motion was duly seconded and
carried unanimously.
Staff is to provide monthly status reports.
ITEM #46 . Other Commission Action
A.} Regulski Replacement.
Commissioner Oeegan moved to appoint Marvin Moore as Commissioner Regulski's
replacement. The motion was duly seconded.
An opinion was expressed that selecting a minority would provide a balance on the
Commission.
Upon the vote being taken, Commissioners Berfield and Deegan voted "Aye;"
Commissioner Fitzgerald and Mayor Garvey voted "Nay." Tie vote.
.
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Commissioner Berfield moved to appoint Bill Justice to fill the vacancy. The motion
was duly seconded and upon the vote being taken; Commissioners Berfleld and Deegan
voted" Aye;" Commissioner Fitzgerald and Mayor Garvey voted "Nay. II Tie vote.
A citizen expressed concern that the Charter called for a majority vote within 30
days of the vacancy and a consensus would not be reached tonight. He recommended a
special election be held.
Commissioner Fitzgerald moved to appoint Mayme Hodges as Commissioner
Regulski's replacement.
A suggestion was made to ask the submlttees to present their ideas so the
Commission could become more familiar with them. An opinion was given there had been
ample time already to get to know them.
The motion was duly seconded and carried unanimously.
Commissioner Deegan referred to a second opinion regarding the potential success
of obtaining the necessary permits and lower overall costs to open Dunedin Pass. He
objected to the use of the phrase "new main library building" as a decision has not been
made for a new building.
Commissioner Fitzgerald requested consideration be given to B cut-off time for
meetings. The City Attorney is to draft a resolution for the next worksession.
. Discussion ensued regarding a change in order of items on the agenda and the City
Clerk indicated priority needs to be given to public hearing items; however, she would
review the order. A request was made to bring a copy of the Commission rules regarding
the agenda to the next worksession.
A goal setting meeting was scheduled for January 12, 1993 at 9:00 a.m.
ITEM #47 M Adiournment
The meeting adjourned at 1 2:44 a.m.
.
CCmtg
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