03/19/1996 (2)
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PLANNING & ZONING BOARD MEETING - ACTION
Tuesday, March 19, 1996
Call to Order, Invocation, Pledge of Allegiance
A. Minutes Approval -- March 5, 1996 -- Approved as corrected
B. Requests for Extension, Deferred and Continued Items
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Rezoning the downtown zonina districts as follows:
1. UC(C)1: Bounded on the North by Jones Street, on the East by Garden Avenue, on the
South by Rogers Street, and the West by Osceola Avenue.
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UC(C)2: Bounded on the North by Jones Street, on the East by Myrtle Avenue, on the
South by Turner Street, and the West by Garden Avenue.
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UC(E) 1: Bounded on the North by Drew Street, on the East by Greenwood Avenue, on
the South by Turner Street, and the West by Myrtle Avenue.
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UC(E)2: Bounded on the North by NE Cleveland Street, on the East by Frederica
Avenue, on the South by Court Street, and the West by Greenwood Avenue.
ACTION: Continued to April 16, 1996
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2. (Trial Period Review) KaDok Pavilion l ltd/Kaook Pavilion, Inc. to permit on-premise
consumption and package sales of beer, wine and liquor (business ownership change) at
923 McMullen Booth Rd, See 09-29-16, M&B 31 .01 together with Delara Gardens, Lots
17, 18, 31-36, 44-46, 51, and part of Lot 52, zoned CG (General Commercial). CU 94-47
ACTION: Continued to April 2, 1996 at the request of the applicant in a letter received
from Pamela Keris, the applicants' representative, in the Central Permitting Dept, on March
18, 1996.
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C. Conditional Uses
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1. Steohen G. Beneke/Tri High Coro/~amil Salhab (Wanna Save) to permit package sales
of beer and wine (business ownership change) at 1362 Cleveland 5t Overbrook Sub,
elk 1, Lots 8-11, zoned CG (General Commercial). CU 96-14
ACTION: Continued to April 2, 1996
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2. Erika L. Barrett living Trust (Commonwealth Shopping Center) to permit outdoor retail
sates, displays and/or storage of vehicles at 18481 US 19, See 20-29-16, M&S
33.02, zoned CC (Commercial Center). CU 96-15
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain the
requisite building permit, certificate of occupancy and occupational license within
6 months of the date of this public hearing; and 2) All site lighting shall be equipped
with a 900 cutoff mechanism, with the light being directed downward and away from
adjoining residential properties and streets rights-of-way prior to issuance of the
."'-.~ requisite occupational license.
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P & Z ACTION
03/19/96
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3. Tone 40 Ltd/Matthew L. Feshbach/Rav & Kim Cassano Enterprises (Renegade Outfitters)
to permit vehicle service at 628 Cleveland St Gould & Ewing's 2nd Addition, Blk 19, Lot
11 and part of Lot 12, zoned UC(C) (Urban Center Core) CU 96-17
ACTION: Approved subject to the fonowing conditions: 1) The applicant shall obtain the
requisite building permit, certificate of occupancy and occupational license within
6 months of the date of this public hearing; 2) All site lighting shall be equipped with a
900 cutoff mechanism, with the light being directed downward and away from
adjoining residential properties and streets rights-of-way prior to issuance of the
requisite occupational license; 3) There shall be no outdoor storage or service, and no
inoperable vehicles shall be stored on the site for any longer than 24 hours; 4) There
shall be no major repairs involving transmission dismantling, painting, fender or body
work and no engine testing; and 5) All parts, tires and other materials used in
conducting the business shall be stored indoors.
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4. Tone 40 Ltd/Matthew L. FeshbachlRav & Kim Cassano Enterprises (Renegade Cafe) to
allow nightclubs, taverns, and bars (new license) and to allow a cafe occupying over 10%
of gross floor area of a retail complex at 628 Cleveland St Gould & Ewing's 2nd Addition,
Blk 19, Lot 11 and part of Lot 12, zoned UC(C} (Urban Center Core) CU 96-18
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain the
requisite building permit, certificate of occupancy and occupational license within
6 months of the date of this public hearing; 2) All site lighting shall be equipped with a
900 cutoff mechanism, with the Ught being directed downward and away from
adjoining residential properties and streets rights-of-way prior to issuance of the
requisite occupational license; and 3) There shall be no outside entertainment or
speakers associated with the establishment.
5. Charles W. FineClan. TRE. (Devoe Paints) to permit manufacturing at 108 N Myrtle Ave
Gould & Ewing's 2nd Addition, Blk 16, Lots 12-22, zoned UC{C) (Urban Center Core)
CU 96-19
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain the
requisite building permit, certificate of occupancy and occupational license within
6 months of the date of this public hearing; 2) All site lighting shall be equipped with a
900 cutoff mechanism, with the light being directed downward and away from
adjoining residential properties and streets rights~of-way prior to issuance of the
requisite occupational license; 3) All activities for the proposed use shall occur indoors.
All materials used in conducting the business shall be stored indoors; and 4} The site
shall meet all Solid Waste Division requirements, and the applicant shall maintain the
property in a litter free condition.
D. Annexation. Zoning, Land Use Plan Amendment, Land Development Code Text
Amendment, and local Planning Agency Review
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1. 1330 Parkwood St. Pine Ridge Sub, Blk A, Lot 18 (Andrew J. & Sherry l. Labus) A 96-10
ZONE: RS-8 (Single Family Residential)
ACTION: Endorsed to the City Commission
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2. 1231 N Hercules Ave, Sac 12-29-15, M&B 13.06 (Daniel M. & Annette Macre) A 96-11
ZONE~ IL (Limited Industrial) ,
ACTION: Endorsed to the City Commission
3. (cont. (rom 2/6/96) ORDINANCE 5962-96 of the City of Clearwater, Florida, relating
to the Land Development Code; amending Division 26 of Chapter 40, Code of
Ordinances, to provide for revised development standards in the Urban Center District;
providing an effective date.
ACTION: Continued to April 16, 1996
E. Chairman's Items -- None
F. Directort s Items _w Discussion
G. Board And Staff Comments -- Discussion
H. Adjournment -- 4:00 p.m.
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
March 19, 1996
Present:
Jay Keyes
Brenda Harris Nixon
Robert Bickerstaffe - arrived 2: 15 p.m.
Kemper Merriam
Bernie Baron
Frank Kunnen
Leslie Dougall-Sides
Sandy Glatthorn
Gwen Legters
Edward Mazur
Absent:
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Assistant City Attorney
Central permitting Manager
Board Reporter
Board Member
To provide continuity, Items are listed in agenda order although not necessarily
discussed in that order.
The meeting was called to order by the Chair at 2:00 p.m. in City Hall, followed by the
Invocation and Pledge of Allegiance. He outlined meeting procedures and the appeal
process.
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A. Minutes Approval - March 5, 1996
Member Nixon corrected page 7, paragraph 1 tu indicate perimeter landscaping at the
Lokey site on South Fort Harrison and Lakeview Avenue does comply with standards. At
the request of Member Merriam, Ms. Nixon amended page 7 paragraph 4 to read "the
blinding lights on the side of an auto sales lot on Gulf to Bay Boulevard."
Member Nixon moved to approve the minutes as amended. 'The motion was duly
seconded and carried unanimously. Member Bickerstaffe was not present.
B. Requests for Extension, Deferred and Continued Items
Rezoning the downtown zonina districts as follows:
, . UC(C) 1: Bounded on the North by Jones Street, on the East by Garden Avenue, on the
South by Rogers Street, and the West by Osceola Avenue.
UC(C)2: Bounded on the North by Jones Street, on the East by Myrtle Avenue, on the
South by Turner Street, and the West by Gardan Avenue.
UC(E)1: Bounded on the North by Drew Street, on the East by Greenwood Avenue, on
the South by Turner Street, and the West by Myrtle Avenue.
UC(E)2: Bounded on the North by NE Cleveland Street, on the East by Frederica
Avenue, on the South by Court Street, and the West by Greenwood Avenue.
Ms. Glatthorn stated staff has requested a continuance to April 16 for this item, and the
related ordinance in Item 03.
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Member Merriam moved to continue Items 81 and 03 to April 16, 1996. The
motion was duly seconded and carried unanimously.
2. (Trial Period Review) Kaook Pavilion L Ltd/KaDok Pavilion. Inc. to permit on-
premise consumption and package sales of beer, wine and liquor (business
ownership change) at 923 McMullen Booth Rd, See 09-29-16, M&B 31.01
together with DelOra Gardens, Lots 17, 18, 31-36, 44-46, 51, and part of Lot
52, zoned CG (General Commercial). CU 94-47
In a letter received March 18, 1996, applicants' representative Pamela Keris
requested a continuance to April 2, 1996. She was not able to attend today's meeting
due to an emergency. It was announced several citizens had arrived to speak to this
item, but did not stay after they learned of the continuance request.
Pamela Bass, resident of the DelOra subdivision, remained to speak in opposition.
She expressed concerns activities at this facility create problems with vandalism,
noise, traffic, parking, and public safety in the neighboring Del Oro Subdivision.
Member Kunnen moved to continue Item B2 to the meeting of April 2, 1996. The
motion was duly seconded. Member Nixon reported she will not be in attendance on
April 2. The motion carried unanimously.
I "".) C. Conditional Uses
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1. Steohen G. Beneke/Trl High CorD/Jamil Salhab (Wanna Save) to permit package
sales of beer and wine (business ownership change) at 1362 Cleveland St
Overbrook Sub, Blk 1, Lots 8-11, zoned CG (General Commercial). CU 96-14
Ms. Glatthorn presented written background information, stating the applicant is
seeking change of ownership approval to operate an existing convenience store.
Parking, landscaping and dimensional constraints exist on the site. No changes in the
establishment or the site are proposed. Staff felt conditions support the request and
recommended approval with three conditions.
Jamil Salhab, the business owner, gave a brief history of this former PickKwik site
and stated he is to move in on April 1. He said he has owned and managed another
similar operation at 1495 South Greenwood Avenue for five years. He said he has had
no problems with police or the community and his record indicates he has never sold
cigarettes or alcohol to minors. He said he tries to clean up the neighborhood by
discouraging drug trade in the vicinity and will continue these efforts at the new
location.
No one was present to speak in support or opposition to the request. Clark
Hubbard, owner and operator of the Idle Spur Saloon, 1351 Cleveland Street,
addressed the Board. He noted the staff report states no other package sales
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across the street from the subject property, and he has operated with a 4COP package
sales license since 1989. He indicated the only problems of which he was aware were
caused by people who buy twist-off top alcoholic beverage containers.
Member Kunnen moved to approve Item C1 subject to the conditions as recommended
by staff. There was no second.
Ms. Glatthorn circulated a copy of an extensive police report for this location, received
after the Board packets were mailed. Concern was expressed regarding a reference to an
obstruction of justice arrest. Discussion ensued regarding whether this criminal complaint
against Mr. Salhab precludes conditional use approval. Mr. Salhab said he was not
convicted and thought the matter was settled. It was not known if the police knew about
this arrest before approving the application. He reiterated how the way he manages his
business improves the community. Ms. Dougall.Sides stated obstructing justice is
referenced as one of the special conditions that could subject the applicant to denial, if a
conviction or no contest plea resulted. She recommended continuing the item to obtain a
police report of that incident. Staff was requested to break down the report to reflect how
many calls were to the adjacent laundromat. One member requested copies of police calls
to the Greenwood Avenue location before and after Mr. Salhab assumed operation.
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Member Baron moved to continue Item C1 to April 2, 1996, to obtain additional
information from the police regarding the subject property and Mr. Salhab's Greenwood
Avenue business. The motion was duly seconded and carried unanimously.
2. Erika l. Barrett livina Trust (Commonwealth Shopping Center) to permit outdoor
retail sales, displays and/or storage of vehicles at 18481 US 19. See 20-29.16,
M&B 33.02, zoned CC (Commercial Center). CU 96-15
Ms. Glatthorn presented written background information. stating the applicants wish
to operate a car rental business in a shopping center. Staff felt conditions support the
request and recommended approval with two conditions.
Joseph Rodi appeared on behalf of the owner and applicant. No one was present to
speak in support or opposition to the request.
Member Kunnen moved to approve Item C2 subject to the following conditions: 1) The
applicant shall obtain the requisite building permit, certificate of occupancy and
occupational license within 6 months of the date of this public hearing; and 2) All site
lighting shall be equipped with a 900 cutoff mechanism, with the light being directed
downward and away from adjoining residential properties and streets rights-of-way prior to
issuance of the requisite occupational license. The motion was duly seconded and carried
unanimously.
3. Tone 40 ltd/Matthew l. Feshbach/Ray & Kim Cassano Enterprises (Renegade
Outfitters) to permit vehicle service at 628 Cleveland St Gould & Ewingts 2nd Addition,
Blk 19, Lot 11 and part of Lot 12, zoned UC(C) (Urban Center Core) CU 96-17
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Ms. Glatthorn presented written back.ground information, stating the applicants
wish to service and repair motorcycles at their retail facility. Staff felt conditions
support the request and recommended approval with five conditions.
April Stone and Jack' Kirschmann addressed the Board, distributing copies of a
booklet detailing their proposal. They indicated the business caters to upper class
Harley-Davidson motorcycle enthusiasts. Ms. Stone stated the vehicle service area
will be located on the ground floor of the three story building. Service will consist
primarily of bolting on after market accessories such as side mirrors. She circulated a
sample mirror.
Lengthy discussion ensued regarding the level of service to be provided. Several
members expressed concern with the potential noise impact of tuning, testing and
repairing motorcycle engines in a downtown retail area. Ms. Stone said customers
request oil changes or tune-ups occasionally, but motorcycles are not started inside
the building and no engine work is to be done at this facility.
, In response to questions, Ms. Stone said the indoor service area has capacity for
thr'ee motorcycles and none will be stored outside. She did she not object to a
condition limiting service hours. She said two professional offices occupy the third
floor of the building and they are very aware of their neighbors' comfort.. Ms. Stone
said their activities benefit the community and they wish to be an asset to downtown.
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"'''A..J Jerry Hearst, a local business owner, spoke in support of the application. He was
pleased to see serious commercial investors in downtown. He said the personnel are
agreeable and the service is professional. He encouraged the Board to approve efforts
to pilot businesses in downtown.
No one was present to speak in opposition to the request.
Board discussion ensued regarding the service operation. While some felt it
necessary to prohibit engine repairs, it was indicated a condition restricting engine
testing would adequately address the noise concern.
Member Nixon moved to approve Item C3 subject to the following conditions: 1)
The applicant shall obtain the requisite building permit, certificate of occupancy and
occupational license within 6 months of the date of this public hearing; 2) All site
lighting shall be equipped with a 900 cutoff mechanism, with the light being directed
downward and away from adjoining residential properties and streets rights-of-way
prior to issuance of the requisite occupational license; 3) There shall be no outdoor
storage or service, and no inoperable vehicles shall be stored on the site for any longer
than 24 hours; 4) Thore shall be no major repairs involving transmission dismantling,
painting, fender or body work and no engine testing; and 5) All parts, tires and other
materials used in conducting the business shall be stored indoors. The motion was
duly seconded and carried unanimously.
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4. Tone 40 Ltd/Matttg!w t. FeshbachlRav & Kim Cassano Enterorises (Renegade Cafe) to
allow nightclubs. taverns. and bars (new license) and to allow a cafe occupying over 10%
of gross floor area of a retail complex at 628 Cleveland St Gould & Ewing's 2nd Addition,
Blk 19, Lot 1 1 and part of Lot 12, zoned UC(C) (Urban Center Core) CU 96.18
Ms. Glatthorn presented written background information, stating the applicant wishes to
operate a cafe on the second floor of Renegade Outfitters. the business described in Item C3t
above. She outlined the alcoholic beverage license and floor area ratio requirements. Staff felt
conditions support the request and recommended approval with three conditions.
Jack Kirschmann, representing the applicant, distributed copies of a booklet detailing the
proposal. He stated he has experience in other restaurants and currently operates Cooters on
Clearwater beach. He said he has lived and worked' in the City for about eight years. He has
worked closely with several City departments and looks forward to a continuing relationship.
Discussion ensued regarding the proposed menu.
Jerry Hearst spoke in support of the restaurant facility for the revitalization of
downtown. He indicated no expense was spared in remodeling the cafe area. He felt the
theme will draw customers as a landmark or tourist destination. He said he visited an
establishment like this in another state and found business was booming.
No one was present to speak in opposition to the request.
; ~':) Member Bickerstaffe moved to approve Item C4 subject to the following conditions:
1) The applicant shall obtain the requisite building permit, certificate of occupancy and
occupational license within 6 months of the date of this public hearing; 2) All site lighting
shall be equipped with a 900 cutoff mechanism, with the light being directed downward
and away frorr\ adjoining resid~ntial properties and streets rights-of-way prior to issuance
of the requisite occupational license; and 3) There shall be no outside entertainment or
speakers associated with the establishment. The motion was duly seconded and carried
unanimously.
5. Charles W. FineQan. TRE. (Devoe Paints) to permit manufacturing at 108 N Myrtle
Ave Gould & Ewing's 2nd Addition, Blk 16, Lots 12-22, zoned UC(C} (Urban
Center Core) CU 96-19
Ms. Glatthorn presented written background information, stating the applicant wishes to
permit manufacturing of staircases on the subject property. Staff felt conditions support the
request and recommended approval with four conditions.
Charles Finegan stated he owns the property and operated his paint store business
continuously from 1977 until he sold the business to Devoe about a year ago. Devoe moved
out and Mr. Finegan wishes to lease the vacant property to Henry Ferry Stair Company. He
explained the conditional use will allow manufacturing of wooden staircases. In response to a
question regarding truck deliveries, Mr. Finegan said the site has a loading dock with facilities
for five semi-tractor trailers.
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Henry Ferry stated he owns and operates the stair company. He said his business has
outgrown his current building located across the street from the subject property. He explained
the location, showroom, loading dock, additional parking, and room for expansion, are ideal for,
his use. He said all manufacturing activities will take place inside the building.
No one was present to speak in opposition to the (squest.
Member Kunnen moved to approve Item C5 subject to the following conditions: 1) The
applicant shall obtain the requisite building permit, certificate of occupancy and
occupational license within 6 months of the date of this public hearing; 2} All sits lighting
shall be equipped with a 900 cutoff mechanism, with the light being directed downward
and away from adjoining residential properties and streets rights-ot-way prior to issuance
of the requisite occupational license; 3) All activities for the proposed use shall occur
indoors. All materials used in conducting the business shall be stored indoors; and 4) The
site shall meet all Solid Waste Division requirements, and the applicant shall maintain the
property in a litter free condition. The motion was duly seconded and carried unanimously.
O. Annexation. Zoning, Land Use Plan Amendment, land Development Code Text
Amendment and local Planning Agency Review
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01. 1330 Parkwood St, Pine Ridge Sub, Blk A, Lot 18 (Andrew J. & Sherry l. Labus)
A 96-10
ZONE: RS-8 (Single Family Residential)
Ms. Glatthorn presented written background information. The applicant requested to
annex for sewer service and staff recommended endorsement. No one was present to speak
in support or opposition to the request.
Member Kunnen moved to endorse Item 01 to the City Commission. The motion was
duly seconded and carried unanimously.
02. 1231 N Hercules Ave, See 12-29-15, M&B 13.06 (Daniel M. & Annette Macre)
A96-11
ZONE: IL (Limited Industrial)
Ms. Glatthorn presented written background information. The applicant requested to
annex for sewer service and staff recommended endorsement. No one was present to speak
in support or opposition to the request.
Member Kunnen moved to endorse Item 02 to the City Commission. The motion was
duly seconded and carried unanimously.
03. (cont. 'rom 2/6/96) ORDINANCE 5962-96 of the City of Clearwater, Florida,
relating to the Land Development Code; amending Division 26 of Chapter 40, Code
of Ordinances, to provide for revised development standards in the Urban Center
District; providing an effective date. .
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This item was continued to April 16, 1996, at the request of staff.
E. Chairman's Items -- None
F. Dlrectort s Items
Ms. Glatthorn referred to a March 13 memo and ordinance draft from Mr. Shuford
regarding rebuilding nonconforming structures that are damaged in excess of fifty percent
of their value. Discussion ensued regarding appraised value, fair market value, and
estimated value. A question was raised regarding whether the calculations refer to the
value of improvements before or after the damage. Hypothetical examples were
discussed. Staff will relay the Boardts suggestions to Mr. Shuford.
Ms. Glatthorn reported the City Clerk requested clarification of the motion to approve a
conditional use for E's Auto Detailing, to permit vehicle service/auto detailing at 510
Pine Street, on October 17, 1995. A question was raised regarding whether a second six
month trial was imposed. Consensus was the application had been approved without a
second trial period review.
Ms. Glatthorn reminded the Board of the City Manager's Appreciation Day dinner on
April 2 and asked them to return their response cards. Ms. Nixon said she will not be able
to attend.
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G. Board and Staff Comments
Member Merriam expressed concern with discussion at the last meeting regarding tie
votes for conditional uses resulting in automatic denial. It was noted Section 6e of the
Planning and Zoning Board Rules and Regulations, requires concurrence by at least four
members to approve conditional use applications. It was indicated only 2-2 or, 3-3 ties are
possible on a seven member board. In neither case could four affirmative votes be cast as
required by the Board rules.
Discussion ensued regarding an additional language amendment regarding ties votes.
Member Keyes requested adding language to the effect that an applicant has the right to
ask for a continuance to appear before a full board. Some felt this was standard practice
and not necessary in the rules. Ms. Dougall-Sides will draft language for review at the
next meeting.
Staff was asked to notify Kapok Pavilion personnel and Del Oro residents about the
possibility of a continuance due to one member being absent from the April 2 meeting.
Member Merriam stated. when making a motion to deny an application, the reasons
for denial should be stated for the record. Other board members agreed.
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Member Nixon expressed concern with citizens calling board members to discuss
matters scheduled before the board, prior to public hearings. She requested written
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,~ direction or notification to citizens that board members are not allowed to participate in ex
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~'e'/ parte communications. Ms. Dougall-Sides said the Legal department is drafting procedures
for quasi-judicial hearings. She said direction will be codified regarding staff, board and
public communications, and copied to each board. In response to a question, Ms. DougaU-
Sides said the City Commission is under the same direction when they sit as a quasi-
judicial body. Ms. Dougall~Sides indicated board members should not visit the sites, in the
strictest interpretation of the rule. Board members strongly disagreed, stating it is not
possible to make, intelligent, informed decisions without physically observing the site
conditions.
H. , Adjournment
The meeting adjourned at 4:00 p.m.
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Chair ,
Planning and Zoning Board
Attest:
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Board Reporter
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