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PLANNING & ZONING BOARD MEETING -- ACTION AGENDA
Tuesday, February 4, 1997
Call To Order and Invocation
Minutes Approval -- December 17, 1996 and January 7, 1 997 -- Continued to next meeting
B. Requests for Extension, Deferred and Continued Items
B1. (3rd request'for extension) Richard & Mildred Soderberg (Applegate Manor) to permit
level II group care at 2484 Sharkey Rd, Sec. 07-29-16, M&B 42.14, zoned RM 16
(Multiple Family Residential). CU 94-50
ACTION: Approved a one year time extension
82. (Cont. from 1/7/97) Florida Department of Transportation to permit vehicle sales and
vehicle servicing at 21466 US 19, Campus Walk, lot 2B, and Sec 18-29-16, M&B
11.01, zoned CH (Highway Commercial), CU 97-03
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite occupational license within two months from the date of this public hearing;
2) All site lighting shall be directed downward and away from adjoining residential
properties and street rights-of-way prior to issuance of the requisite occupational license;
3) All City landscaping, parking and access requirements shall be met to the satisfaction of
the Engineering Department prior to the issuance of the occupational license; 4) There shall
be no parking, display or storage of vehicles on grass areas or in the rights-of-way, unless a
parking variance is obtained: 5) The storage area shall be limited to the area indicated on
the site plan; 6) There shall be no outdoor vehicular repairs or detailing work; 7) Displays
shall be limited to the areas as indicated for display on the site plan; and 8) Sales, storage
and displays shall be limited to only vehicles.
83. (Cant. from 7/16/96) 2995 Union Street, Sec 05-29-16, M&B 11.01 (Attention Home,
Inc.). A 96-23
ZONE: RM 8 (Multiple Family Residential)
ACTION: Endorsed Item 83, A 96-23 to the City Commission
C. Conditional Uses
C1. Robert E. Malke to permit (1) outdoor retail sales, displays, and/or storage (rental car
storage); and (2) business/professional offices which serve the tourist (real estate
office) at 348 & 348 Y:z Coronado Dr., Lloyd White Skinner Sub, lots 118 & 119,
zoned CR 28 (Resort Commercial). CU 97.06
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite building permit, certificate of occupancy and occupational license within six
months from the date of this public hearing; 2) All site lighting shall be directed downward
and. away from adjoining residential properties and street rights-of-way prior to issuance of
the requisite occupationalllcense; 3) Rental cars shall be parked only in spaces which have
been designated by the applicant for the display use; and 4) No vehicle service shall be
conducted on site.
P & Z ACTION
02/04/97
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C2. Generosa T. Santos & Rose W. Milian (White Palace) to permit a level I group care
facility at 1.430 Palmetto St., Palm Terrace Unit 1, Lot 5, zoned RS 8 (Single Family
Residential). CU 97-07
ACTION: Denied
C3. Discount Auto Parts, Inc. (Quick Lube Addition) to permit vehicle service at 22991 US
19, Sec 08-29-16, M&B 22.04, zoned CH (Highway Commercial). CU 97-08
ACTION: Approved subject to the following conditions: 1} The applicant shall obtain
the requisite building permit, certificate of occupancy and occupational license within six
months from the date of this public hearing; 2) All site lighting shall be directed downward
and away from adjoining residential properties and street rights-of-way prior to issuance of
the requisite occupational license; and 3) All vehicle service shall be conducted indoors,
and no outdoor storage of parts, fluids, or other equipment shall be permitted.
C4. Lima lake, Inc. (Yacht Basin Apartments) to permit marina (20 slips) at 501 Mandalay
Ave, Yacht Basin Sub, Lots 1-9, zoned RM 24 (Multi Family Residential) and P
(Preservation). CU 97-09
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite building permit, certificate of occupancy and occupational license within six
months from the date of this public hearing; 21 All site lighting shall be directed downward
and away from adjoining residential properties and street rights-of-way prior to issuance of
the requisite occupational license; 3) All slips shall be for the exclusive use of the tenants
of the Yacht Basin Apartments only; 4} No rental of slips or other commercial activity shall
be permitted in the marina; 5) No fueling, Iiveaboards or boat repair activities shall be
conducted in or in the vicinity of the proposed marina; and 6) The City's Environmental
Management Group requires the following additional information prior to the issuance of a
building permit: a) Copies of a sea grass survey and benthic survey for the basin; b) A
copy of the deed that verifies what portion of the basin is owned by the applicant; cl The
location and availability of sewage pump-out facilities in the vicinity; and d) Copies of
approved Florida Department of Environmental Protection and Pinellas County Water and
Navigation Control Authority permits for the project.
D. Annexation, Zoning, land Use Plan Amendment, land Development Code Text
Amendment, and Local Planning Agency Review
D1. 1180 North Hercules Avenue, Marymont Replat, part Tracts A & B (Demetre
Loulourgas). A 97-01
ZONE: IL (Industrial Limited)
ACTION: Endorsed Item 01, A 97-01 to the City Commission
D2. 1300 Idlewild Drive, Brooklawn Sub, Blk F, Lots 7 & 8, 14-16, and part of Lot 6
(Douglas D. Rosenbaum). A 97-02
ZONE: RM 8 (Multiple Family Residentiall
ACTION: Endorsed Item 02, A 97-02 to the City Commission
Board and Staff Comments -- Discussion
Adjournment -- 4:08 p.m.
P & Z ACTION
2
02/04/97
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
February 4, 1997
Present:
Edward Mazur
Brenda Harris Nixon
Kemper Merriam
Robert D. Bickerstaffe
Bernie Baron
Frank Kunnen
Douglas Hilkert
Scott Shuford
Leslie Dougall~Sides
Sandy Glatthorn
Lou Hilton
Gwen Lagters
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Central Permitting Director
Assistant City Attorney
Planning Manager
Senior Planner
Board Reporter
The meeting was called to order at 1 :30 p.m. in Harborview Center meeting room #6[
followed by the invocation, meeting procedures and the appeal process. To provide
continuity for research, items are listed in agenda order although not necessarily discussed
in that order. '
Minutes Approval -- December 17, 1996 and January 7, 1997
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Assistant City Attorney Dougall-Sides requested another continuance of the December
17 minutes because the Legal Department has ordered a verbatim transcript of that
meeting. Approval of the January 7 minutes was continued to allow time for members to
review the minutes before the next meeting.
B. Requests for Extension, Deferred and Continued Items
B 1. (3rd request for extension) Richard & Mildred Soderberg {Applegate Manort to permit
Level II group care at 2484 Sharkey Rd, Sec. 07-29-16, M&B 42.14, zoned RM 16
(Multiple Family Residential). CU 94-50
Mr. Hilton presented background information and written staff recommendations,
stating the applicant is requesting a time extension for health reasons. As the applicants
remain in communication with staff, approval of a time extension was recommended.
Discussion.ensued regarding whether the applicant's presence was required.
Member Hilkert declared a conflict of interest regarding this item.
Member Nixon moved to waive the attendance requirement and approve a one year
time extension. Members Mazur, Nixon, Merriam, Bickerstaffe, Baron, and Kunnen voted
"Aye"; Member Hilkert abstained. Motion carried.
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82. (Cont. from 1/7/97) Florida Department of Transportation to permit vehicle sales and
vehicle servicing at 21466 US 19, Campus Walk, Lot 28, and See 18-29-16, M&8
11 ;01, zoned CH (Highway Commercial). CU 97-03
Mr. Hilton presented background information and written staff recommendations,
stating this item was continued from the last meeting to clarify a misunderstanding
regarding vehicles for sale being placed under the canopy on the subject property. He said
the FOOT has indicated approval of the applicant's proposal. Discussion ensued regarding
correspondence regarding FOOT requirements for use of the site, including closing of
access connections to US 19. In response to questions, it was indicated City
environmental officials were satisfied with the proposed landscaping indicated on the site
plan; and the Code Enforcement concerns have been addressed. It was indicated code
citations had not been issued due to the 60-day time frame for compliance attached to the
October 15, 1996 conditional use approval.
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Gilbert Jannelli, the owner/applicant, stated staff had recommended denial of vehicle
sales based on standards for approval not related to this case. He expressed concern if he
is not allowed to have grass parking, he will have to obtain a parking variance. He
discussed correspondence from FOOT representatives Michael Jackson and Susan Rosetti.
Discussion ensued regarding grass parking calculations and requirements, traffic circulation,
and landscaping on the site. In response to Mr. Jannelli's concern his site exceeds
landscaping requirements, it was indicated staff can review this issue administratively. Mr.
Jannelli expressed concern with staff's recommended condition to restrict conditional use
approval to two years pending US 19 improvements. He indicated there is no guarantee
the proposed road widening will occur on schedule, and he wishes to continue his business
on the property if it does not.
Board discussion ensued regarding the need for a parking variance, the site lighting
condition, and other properties in the vicinity owned by Dr. Jannelli. It was indicated site
plan review is not required except as it relates to the conditional use request.
No verbal or written support or opposition was expressed.
One member wished to ensure that the applicant be given ample opportunity to discuss
the conditions of approval. Dr. Jannelli listed the proposed conditions, point by point,
indicating his desires regarding changes and omissions. One member expressed concern
that flyers, banners, pennants, signs and lights are very distracting to traffic. It was
requested to retain the site lighting condition to preclude any danger to the public from
glaring lights. One member questioned whether any ground contamination exists on this
former Texaco site. Mr. Hilton said the answer will not be known until the tanks are
removed when the site is razed for road widening.
Member Nixon moved to approve Item B2, subject to the following conditions: 1) The
applicant shall obtain the requisite occupational license within two months from the date of
this public hearing; 2) All site lighting shall be directed downward and away from adjoining
residential properties and street rights.of.way prior to issuance of the requisite occupational
license; 3) All City landscaping, parking and access requirements shall be met to the
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satisfaction of the Engineering Department prior to the issuance of the occupational
" license; 4) There shall be no parking, display or storage of vehicles on grass areas or In the
rights.of.way, unless a parking variance is obtained; 5) The storage area shall be limited to
the area indicated on the site plan; 6) There shall be no outdoor vehicular repairs or
detailing work; 7) Displays shall be limited to the areas as Indicated for display on the site
plan; and 8) Sales, storage and displays shall be limited to only vehicles. The motion was
duly seconded and carried unanimously.
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83. (Cant. from 7/16/96) 2995 Union Street, See 05-29-16, M&B 11.01 (Attention Home,
Inc.). A 96-23; ZONE: RM 8 (Multiple Family Residential}
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Ms. Glatthorn presented background information and written staff recommendations,
stating the applicant is requesting annexation of the subject property, an existing Group
Home, licensed by the State as a "Youth Attention" facility with a maximum of 12 beds/
persons. She explained zoning and density requirements for this type of use, stating the
property will be grandfathered as a legally non-conforming facility. Staff felt conditions
support the request and recommended endorsement.
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Patrick Maguire, attorney representing the applicant, expressed no objections to staff's
report. No verbal or written support or opposition was expressed.
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Member Bickerstaffe moved to endorse Item B3, A 96-23 to the City Commission. The
motion was duly seconded and carried unanimously.
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',W'.'1 C. Conditionar Uses
C1. Robert E. Maika to permit (11 outdoor retail sales, displays, and/or storage (rental car
storage); and (2) business/professional offices which serve the tourist (real estate
office) at 348 & 348 Y2: Coronado Or., Lloyd White Skinner Sub. Lots 118 & 119,
zoned CR 28 IResort Commercial). CU 97-06
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Mr. Hilton presented background information and written staff recommendations,
stating the applicant wishes to convert a vacant motel/restaurant building for use as real
estate and automobile rental offices, restaurant, and rental car display. He outlined the
property condition, office usaget and how the applicant is working with the City to meet
ADA and building code requirements. Staff felt conditions support the request and
recommended approval with four conditions.
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Robert Malke, the owner/applicant, was present. No verbal or written support or
opposition was expressed.
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Member Bickerstaffe moved to approve Item C1, CU 97-06, as requested, subject to
the following conditions: 1) The applicant shall obtain the requisite building permit,
certificate of occupancy and occupational Hcense within six months from the date of this
public hearing; 2) All site lighting shall be directed downward and away from adjoining
residential properties and street rights-of-way prior to issuance of the requisite occupational
license; 3) Rental cars shall be parked only in spaces which have been designated by the
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applicant for the display use; and 4) No vehicle service shall be conducted on site. The
motion was duly seconded and carried unanimously.
C2. Generosa T. Santos & Rose W. Millan (White Palace) to permit a level I group care
facility at 1430 Palmetto St., Palm Terrace Unit 1, Lot 5, zoned RS 8 (Single Family
Residential). CU 97-07
Mr. Hilton presented background information and written staff recommendations,
stating the applicant is requesting approval for a Level I group care facility with a capacity
of eight persons. Staff felt conditions support the request and recommended approval with
two standard conditions.
Generosa Santos, owner/applicant, explained the State has increased fundil1g to enable
her to expand the use of the existing facility. She outlined how her proposal meets the
standard.s for approval, as well as parking, and other code requirements, in order to provide
ample space and 24-hour supervision of the residents.
Rose Millan, owner/applicant,. stated approval will facilitate the addition of two beds to
an existing six bed facility. Their ALF provides reasonably priced accommodations and
three meals daily for people who have nowhere to live and cannot afford nursing homes. In
response to questions, Ms. Millan said thoy have operated the existing facility for more
than four years. The home has six bedrooms and she proposes two beds in a room.
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No verbal or written support was expressed.
Six persons spoke in opposition to the application, citing the following concerns:
1) the use is not compatible with the surrounding residential neighborhood; 2) police and
resident activities associated with the facility disturb the neighbors; 3) frequent turnover of
occupancy and their visitors gives the appearance of strangers coming and going from the
facility, causing fear and anxiety for the neighbors; 4) the facility may not be appropriately
licensed; 5) staffing may be inadequate to provide appropriate mental health care for
residents who appear to need it; 6) well being of the children who live in the home; 7) the
previous owner having received State approval for the e)(isting six bed facility for care of
the elderly in the 1980's without input by the neighbors; 8) a retention pond behind the
facility may pose a hazard for facility residents; 9) staffing and medical attention may be
inadequate; 10) changes in the ALF concept to allow up to eight mentally disabled and
halfway house residents in facilities formerly dedicated to providing assistance to no more
than six elderly residents who need help caring for themselves; 11) turning residential
properties into commercial ventures that warehouse people who may have little choice
about where they live.
One of the above speakers in opposition said extra bedrooms were added by the
previous owner, and she has toured the existing facility at the invitation of the current
owners. She questioned the number of mentally disabled and halfway house residents in
the current facility. Questions were raised regarding the number of adults and children
living in the home; what is meant by 24-hour supervision; and ownership of the property.
Several people indicated they had not been able to speak to the original proposal, but found
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the six bed facility for elderly care had not disturbed the neighborhood. The current use of
the facility is not favorable to the community because the transient appearance or nature of
the clientele disturbs the quiet neighborhood.
Eleven letters with approximately fifteen signatures were submitted in opposition,
restating many of the above concerns, adding concerns the modestly sized home may
provide substandard living area for the residients; the facility may lower surrounding
property values, and fears mentally disabled residents may become dangerous.
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Ms. Santos responded to the opposition by stating her operation is licensed and
regulated by the State Department of Housing and Rehabilitative Services (HRS), and
presented a document showmg the current facility was licensed in January, 1997. As the
administrator of the facility, she is willing to cooperate with the neighbors to work out any
concerns. She invited anyone with questions to approach her. Ms. Santos said she
monitors behavior of the HRS assigned clientele, and can ask for transfer of a client if
problems arise. The home has six bedrooms and five bathrooms. Ms. Santos, her husband
and children reserve two bedrooms for their use. Four bedrooms have two beds each for
the proposed eight ALF clients. She said the State does not require onsite medical care,
but does require 24-hour supervision in case of emergencies. She explained gender
separation and age requirements. She said all residents receive regular medical and mental
health care from outside agencies, depending on their needs. Oral medication can be
administered onsite, but all nursing care is provided by the outside agencies.
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Ms. Millan apologized to the neighbors for causing them concern, but felt it is
important to help people who have no place to live. She assured the neighbors she is
trying her best to make them happy.
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In response to questions from the board, Ms. Santos said she will continue living in the
facility for a while after the additional residents are added. She has a staff of three
persons, including herself, and 24~hour on-site supervision will continue, as required. She
responded to questions regarding her background in management and psychology, and the
administrative training qualifications provided to her and her staff by the HRS. Discussion
ensued with staff regarding number of family members and unrelated persons who may live
on site, the age limits and clientele qualifications. In response to additional questions, Ms.
Santos reiterated she meets all the State requirements for staffing, supervision, and
training, and all City parking and building requirements for an eight bed facility.
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One board member expressed continuing concern with the level of training. One
expressed concerns with being asked to approve an increase to eight beds when the board
was not involved in the original decision to approve six beds. One member felt the board
should limit their consideration to whether the application meets the conditional use
criteria. One member expressed concern with staff's analysis that the application appears
to comply with the standards for approval in view of the neighbor's strong concerns. Two
members who believed ALF's were for elderly care were surprised to hear mentally
disturbed individuals can be housed.
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Staff recommended a continuance to allow time to contact HRS, and investigate
neighborhood concerns about the appropriateness of the facility in its surroundings. In
response to questions, it was indicated the applicant can continue operating with six beds
if the request for eight beds is denied, and staff will ask HRS for an audit of the facility.
Some agreed with a continuance, feeling the HRS investigation should take place before
the board makes a decision.
Member Bickerstaffe moved to deny Item C2, CU 97-07. Members Mazur, Nixon,
Bickerstaffe, and Baron voted "Aye"; Members Merriam, Kunnen and Hilkert voted "Nay."
Motion carried.
C3. Discount Auto Parts, Inc. (Quick Lube Addition) to permit vehicle service at 22991 US
19, See 08-29-16, M&B 22.04, zoned CH (Highway Commercial). CU 97-08
Mr. Hilton presented background information and written staff recommendations,
stating the applicant wishes to add a vehicle service use for an oil change business in a
new building to be constructed on the property of an existing auto parts retail store. Staff
felt conditions support the request and recommended approval with three conditions. In
response to a question, it was indicated another oil change facility is located across the
street.
Kenneth Ehlers, Civil Engineer representing the applicant, agreed with staff's analysis
and recommended conditions. No verbal or written support or opposition was expressed.
Member Kunnen moved to approve Item C3; CU 97-08, as requested, subject to the
following conditions: 1) The applicant shall obtain the requisite building permit, certificate
of occupancy and occupational license within six months from the date of this public
hearing; 2) All site lighting shall be directed downward and away from adjoining residential
properties and street rights.of~way prior to issuance of the requisite occupational license;
and 3) All vehicle service shall be conducted indoors, and no outdoor storage of parts,
fluids, or other equipment shall be permitted. The motion was duly seconded and carried
unanimously.
C4. Lima lake, Inc. (Yacht Basin Apartments) to permit marina (20 slips) at 501 Mandalay
Ave, Yacht Basin Sub, Lots 1-9, zoned RM 24 (Multi Family Residential) and P
(Preservation). CU 97-09
Mr. Hilton presented background information and written staff recommendations,
stating the applicant is requesting approval of a 20 slip marina on the north side of an
existing apartment complex. Mr. Hilton handed out copies of an addendum to the staff
report, adding recommended conditions of approval from the City Harbormaster and
Environmental official. Mr. HlIton responded to questions regarding certificate of
.occupancy and occupational license requirements, stating the marina will be the
responsibility of the apartment complex. Brief discussion ensued regarding the importance
of meeting the suggested conditions prior to obtaining a building permit.
mpz02.97
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!~ Andy NiCholshon, represl enting the applicant, stated the marina will only be open to the
. ; tenants, not to t e genera public. He outlined suggested signage, and required dock and
construction permits. He requested reconsideration of the Harbormaster's condition to
provide a portable sewage pump-out system, stating such a system would add
considerable cost to his project. It was indicated other pump-outs may exist in the vicinity,
the locations of which wiil be determined in accordance with the environmental official's
recommend ations.
Discussion ensued regarding the suggested conditions of approval. One member
expressed concern the conditions may duplicate those of the navigation authority. In
response to questions, Mr. Nicholson said he is happy to cooperate with all agencies. He
said a pump-out system could cost about $5,000. One member indicated most boaters
would prefer to fuel and pump at nearby commercial pumping facilities, rather than pay
higher slip rentals because each location is required to provide its own equipment. Mr.
Nicholson noted the City provides such a service at no charge. He expressed concern the
subject marina will not have a regular dock master who knows how to use pump-out
equipment, and usage of equipment by different tenants would increase the risk of a spill.
No verbal or written support or opposition was expressed.
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Staff responded to questions, stating, if the apartment complex charges tenant to
lease the boat slips, a certificate of occupancy will be required. It was indicated the Coast
Guard requires all vessels to be self contained and it was felt to be in the best interest of
the beach community to provide pump-out facilities. General consensus was a duplication
of facilities is not needed.
Member Kunnen moved to approve Item C4, CU 97-09, subject to the following
conditions: 1) The applicant shall obtain the requisite building permit, certificate of
occupancy and occupational license within six months from the date of this public hearing;
2) All site lighting shall be directed downward and away from adjoining residential
properties and street rights-of-way prior to issuance of the requisite occupational licem:;e;
3) All slips shall be for the exclusive use of the tenants of the Yacht Basin Apartments
only; 4) No rental of slips or other commercial activity shall be permitted in the marina;
5) No fueling, Iiveaboards or boat repair activities shall be conducted in or in the vicinity of
the proposed marina; and 6) The City's Environmental Management Group requires the
following additional information prior to the issuance of a building permit: a) Copies of a
sea grass survey and benthic survey for the basin; b) A copy of the deed that verifies what
portion of the basin is owned by the applicant; c) The location and availability of sewage
pump-out facilities in the vicinity; and d) Copies of approved Florida Department of
Environmental Protection and Pinellas County Water and Navigation Control Authority
permits for the project. The motion was duly seconded and carried unanimously.
D. Annexation. Zoning, land Use Plan Amendment, land Development Code Text
Amendment, and Local Planning Agency Review
01. 1180 North Hercules Avenue, Marymont Replat, part Tracts A & B (Demetre
Loulourgas). A 97-01 ZONE: IL (Industrial limited)
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mpz02.97
7
02/04/97
~ Ms. Glatthorn presented background information and written staff recommendations,
stating the annexation is requested to provide public facilities, inclUding sewer and solid
waste pick-up. .Staff recommended endorsement of the proposed development agreement
between the applicant and the City, and of the associated annexation and zoning atlas
amendment.
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Gerry Figurski, representing the applicant, highlighted the applicant's proposal to
expand an existing manufacturing facility. He detailed parking requirements, stating a
parking variance has been requested.
No verbal or written support or opposition was expressed.
Member Kunnen moved to endorse Item 01, A 97-01 to the City Commission. The
motion was dUly seconded and carried unanimously.
02. 1300 Idlewild Drive, Brooklawn Sub, Blk F, Lots 7 & 8, 14-16, and part of Lot 6
(Douglas O. Rosenbaum). A 97-02 ZONE: RM 8 (Multiple Family Residential)
Ms. Glatthorn presented background information, stating staff recommends of the
endorsement of annexation to provide sewer service. It was indicated Clearwater
Neighborhood Housing Services has a contract to purchase the vacant lots contingent upon
annexation.
Allen Rosenbaum, representing his son, the applicant, was present to address the
board. No verbal or written support or opposition was expressed.
Member Merriam moved to endorse Item 02, A 97-02 to the City Commission. The
motion was duly seconded and carried unanimously.
Board and Staff Comments
Member Hilkert indicated it is difficult for him to arrive on time for 1 :30 meetings. He
requested the boards' feelings regarding reverting to the former 2~OO meeting time. Chair
Mazur polled the board members, six of whom indicated they preferred to meet at 2:00
p.m. Mr. Hilkert reported he will not be able to attend the April 1, 1997 meeting. Mr.
Mazur will not attend the March 18 meeting.
Member Hilkert questioned the status of board direction to shut off cellular phones and
pagers during meetings. Chair Mazur requested staff to place a notice on the agenda.
Mr. Hilton said a placard is being made lor City Hall chambers, to this aHeet.
Member Hilkert questioned whether the board had agreed to eliminate site lighting as a
standard condition. Member Nixon hoped the board would leave in the condition until the
new code is adopted, because she felt it is an important public safety issue.
mpz02.97
8
02/04/97
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Adjournment
The meeting adjourned at 4:08 p.m.
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Attest:
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B?ard Reporter ,
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
NA~E Of IlOARlJ. COUNCIL, CO~MISSION. AUT HORIT'l'. OR COMMITTEE
71a, nil.-) t LO,)l1fl
1 HE BOARD. C UNClL, COM MISSION. AU11l0lm \. OR COMMIT1 EE ON
WHICU I SER \IE \S A UNIT OF:
~T\' 0 COU,,"'T\, 0 OTHER I.O("A\. AGENCY
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COUNn
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NAME OF I'OLmC'AL SUIiUIVISION:
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MY ~OSITION IS:
C ELECTIVE
~'''OINTlVE
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WHO MUST FILE FORM 88 rt! ~;I?rb~'':J
This form is for use b)' an)' person serving al the COUnI)'. cilY, or other Jocallevel of government on an appointed or elecled board,
council, commission, authorilY, or commillee. II applics equall)' to members of advisory and non-advisory bodies who are presented
with a voting connict of imerest under Seclion 112.3143, Florida Statutes.
Your responsibilities under lhe law when faced with a measure in which you have a connict of inlereSI will vary greatly depending
on whether you hold an elective or appoinlive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse sidc and filing the form.
."'j INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATurES
--'
A person holding elective or appointive: counl)'. municipal. or othcr local public officc MUST ABSTAIN from voting on a measure
which inures to his special privatc gain. Each elected or appointed local officer also is prohibiled from knowing.ly voting on a measure
which inures 10 the special gain of a principal (olher than a government agency) by whom he is rctained (including the parent
organization or subsidiaT)' of a corporate principal by which he is rewilled): to the special private gain of a relative: or to lhe special
private gain of a business associate. Commissioners of community redcvelopment agencies under Sec. 163.356 or 163.357. F.S., and
officers of independent special tax districts elecled on a one-acre, one-vote basis are not prohibited from vOling in that capacity.
For purposes of this law, a "reJath'e" includes only the of[jcer's father. mOlher, son. daughter. husband. wife, father.in-law. mmher-in-
law. son-in-law. and daughler-in-Ia w. A -business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer. coowner of property. or corporate shareholder (wherc the sharcs of the
corporation are nOllisled on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from vOling in the situations described abovc. you must disclose the connicl:
PRIOR TO THE VOTE BEING TAKEN by publicly stilling 10 the assembly the nature of your interest in the measure on
which you are abstaining from voling: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of lhe meeting. who should incorporale lhe form in the minules.
APPOINTED OFFICERS:
"
Although you mUSl abstain from voting in the situations described 3bo\'c, you olherwise may participate in these matters. Howcver,
you must disclose the nature of the connict before making any allempt to innuence the decision. whelher orally or in writing and
whether made by you or at your direction.
IF yOU INTEND TO MAKE ANY ATIEMPT TO INFLUEl':CE THE DECISION PRIOR TO THE MEETING AT WHICH
....~... THE VOTE WLL BE TAKEN:
. You must complete and file this form (before making anr attempt to inOuenc:e the decision) with the person responsible (or
recording the minutcs of the meeting, who will incorporate the form in the minutes.
. A copy of the (onn must be provided immediately to the other members of the agency.
. The (orm must be read publicly at the: next meeting after the form is filed.
C'E FORM 58.10.91
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IF YOU MAKE NO AITEMPTTO INFLUENCE THE DECISJON EXCEPT BY DJSCUSSJON ATTHE MEETING:
· You must disclose orally the nature of your connict in the measure before participating. ~
· "ou must complete the form and file it within IS duys after the vote occurs wilh the person responsible (or recording the minutes of
the meeting, who must incorpor..lle the form in the minutes. A copy of the form musI be provided immedialely to Ihe: olher
members of the agency, and the form must be read publicly al the next meeting after the form is filed.
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
'reh. t-{
, hereby d isclosc thai on
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(n) A measure came or will come before my agency which (check one)
--;- inured to m.>, special private gain;
_ inured to the special gain of my business ussociate,
_ inured to the special gain of my relat,i~, '
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_ inured to the special gain or -J" [, ft'll _.1
whom I am retained; or
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_ inured to the special gain of
is lhe panmt organi7J1lion or subsidiary of a principal which has retained me.
(b) The measure: before m)' agency nnd the nature of my conOicting interest in the measure is as follows:
, which
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Date Filed .
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Signature
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NOTICE: UNDER PROVISJONS OF FLORIDA STATU:rES ~112.317 (1991), A FAILURE TO MAKE ANY REQUIRED
. DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING.
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION If'
SALARY, REPRJMAND, OR A CIVIL I'ENALTY NOT TO EXCEED S5.000.
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