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COl\flMUNITY DEVELOPMENT BOARD MEETING
CITY OF CL.EARWATER
July 18, 2000
i',
Present:
, Edward Mazur, Jr.
David Gildersleeve
William Johnson
Shirley Moran
, Carlen A. Petersen
Alex Pliska
Acting Chair/Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
I
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Absent: Gerald Figurski
Chair
Also Present: Leslie Dougall-Sides
Ralph Stone
, Lisa Fierce
Brenda Moses'
Assistant City Attorney
Planning Director
Development Review Manager
Board Reporter
The Acting Chai,' called the meeting to order at, 1 :00 p.m. at City Hall. followed by
, the Invocation and Pledge of Allegiance.
To provide continuity for research. items are in agenda order although not necessarily
discussed In that order.
C;) ITEM A - REQUESTS FOR CONTINUANCES/RECONSIDERA TION - None.
ITEM B - CONTINUED ITEMS
Item 81 -18524 US 19 North Brnd Baldwin, Owner; Parsley Baldwin Realty, Applicant;
Bryan L. Zarlenga, Representative. Request: Flexible Development approval of a self-
storage establishment with a reduction in the required number of parking spaces from 135
to 40 spaces, as a Comprehensive Infill Redevelopment Project. Proposed Use: A 71.250
square foot miniNstorage development. Fl 00-03-09
This case was continued by th~ COB (Community Development Board) at the May
16, 2000, meeting to enable the applicant to address issues related to the sanitary sewer,
building elevations, and parking as it relates to the adjacent Le Cher office complex. The
site is generally undeveloped, although there is an existing 24-foot asphalt driveway along
the west and south property lines that provides access to adjacent properties. The 3.11-
acre site is L-shapcd with 200 feet of frontage on Nursery Road and 122 feet of frontage
on US 19 North. It includes two separate parcels that will be combined through Unity of
Title. The site includes both Office and Commercial zoning districts. Staff and the
applicant met with representatives from the neighboring le Char office complex on
numerous occasions. The applicant addressed concerns raised regarding the sewer,
building architecture and parking to the satisfaction of staff. The proposal includes the
development of a self-storage business with five buildings. The applicant submitted
revised plans including a relocated sanitary' sewer easement with gravity sewer, revised
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landscape plan, and conceptual building elevation along the west property line. To'
accommodate the relocated sewer easement, a portion of the southwesternmost building
(building #3) has been reduced by 2,650 square feet. Building #1, at the US 19 entrance,
,has been increased In area by the same square footage. The revised the site plan also will:
1) provide a 10-foot buffer area within which new oak trees will be planted; 2) include a
mansard roof to Buildings #3 and #5; and 3) incorporate a stucco finish exterior with
neutral colors on both buildings. Based on research of the adjacent office complex,
removal of the nearly 16 parking spaces on this site will not result in a parking deficit for
the La Cher development. The proposal is in compliance with the standards and criteria for
Flexible Development approval for a self~storage establishment, and with all applicable
standards of the Community Development Code. Staff recommends approval of the
, proposed project with conditions: 1) Proof of Unity of Title be submitted prior to the
issuance of any permits; 2) the final design and color of the buildings be consistent with
the plans as submitted; 3) signage comply with Code; 4) oak trees, crepe myrtles, and
viburnum hedge be planted along the west side of buildings #3 and #5, as shown on the
landscape plan; and 5) the design of the south side of bUilding #3 and north sido of building
#5 be consistent with the west elevations of those buildings. '
Roger Larson, representative, said as the property is L-shaped, limited uses can be
applied to this property. The applicant is proposing a reduction of parking spaces from the
135 minimum to 40 spaces. One entrance to the site is at Nursery Road and the other is
on US19N. The parcel is 3.11 acres, of which .5 acres is zoned Office and the balance is
Commercial. The passive portion of the property includes the retention area and offices.
The applicant requests to construct two one-story buildings, two two-story buildings, and
one building that is partially one and two-stories, totally 71,250 square feet. There will be
approximately 600 storage units, 400 of which 'will be air-conditioned. The project is
aesthetically and architecturally pleasing to the surrounding community, particularly to the
office complexes to the west and south. Thirty-eight (38) additional trees will be planted.
The project meets or exceeds all the standards in the Code that pertain to self-storage use
under the flexibility criteria sections, except for parking requirements. An easement exists
which was granted by the applicant years ago to allow ingress and egress to the existing
offices along the west and south sides of the site abutting the existing offices. The
applicant does not propose to change that easement. Maintenance, repair, and
replacement 6f the easement is the obligation of the office condominium association or
those using the property.c The easement is in common with the applicant's property and
can be used by him. The Comprehensive Infill requirement in the Code requires a minimum
of one space per 1,000 square feet. ,The applicant is requesting 40 parking spaces. The
Institute of Transportation Engineers statistics indicate that 1 78 trips per day is consistent
with a project of this size. The applicant anticipates that between 7 - 8 cars will be on the
property at any given time. Therefore, the 40 spaces, including the handicapped space, is
more than ample to avoid off-street parking. The applicant concurs with staff's
recommendations.
In response to a question, Bryan Zarlenga, Tampa Bay Engineering, said the
retention pond is sized to handle this project plus runoff to the west. Mary Ellen Wilson,
partial owner, said she owns the property facing US 19N. She said although other interest
in the property has been expressed, this project is the first that is compatible with the
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'surrounding areD. This project 'Is important to her as her husband's office is part of this
project. . She referred to current photographs of the site.
One resident spoke in opposition of the project.
In response to concerns from a resident, it was noted that the exterior finish of the
buildings will be stucco, not metal, as indicated in the applicant's application. Planning
Director Ralph Stone said the setback requirements for the easement differs from right-of-
way setbacks. The new Code does not reference setback from the right-of-way line. Code
defines the "setback" as follows: "setback means required horizontal dIstance betwe,en a
property line and a structure". He said the resident is characterizing the private easement
as a right-of-way. He disagreed with the resident's interpretation of a private easement
being the same as a road right~of-way. Mr. Stone said private easements could take many
forms and function as a driveway. The general characterization of "right~of-way" is one
that is for the benefit of the public, regardless of its form. In this case, staff feels the
driveway exists for the benefit ot the owners of the office condominium association CiS an
access easement, and does not meet the definition of a public right-of-way. Assistant City
Attorney Leslie Dougall-Sides said the CDB (Community Development Board) must refer to
current Code when deciding a case.
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Max Battle stated he was not in favor or against the application. He was a former
Public Works Director and City Engineer. He questioned the definition of a private road
versus a driveway. He said at the time the easement was granted, it was called a private
roadway. The reason it was not called a privata right-of-way was because a right-of-way
infers it is for the general public to use. He feels this is an access easement for a private
roadway which gives the owners the right to close the road off at any time. A right-of-way
cannot be closed at will. He said at the time the easement was granted, the County would
not grant the owner a building permit unless he had road frontage.
Frank Kllnnen, former developer of the property, agreed with Mr. Battle's
interpretation of the easement language referencing the use of the roadway. The County
required the original site plan for the development have a roadway prior to annexation. He
said the owners in this development have a public sewer easement with a sewer line, not a
private one. This property was originally one ownership with a roadway. Upon acquisition,
other owners were assured by the owner, County, and City that the easement was to be
kept as a road right-of-way easement. He stated he was required as a developer to set
back the office buildings on either side of the road from the right~of-way easement.
Mr. Larson confirmed that the exterior of the buildings will include a stucco finish,
with earth-tone colors, and false windows. He said there is sufficient space between the
. proposed buildings and the current ones. The two easements recorded in the public
records are private and designed exclusively for internal traffic and for ingress and egress.
The land can be used as the owners see fit as long as it does not impede the ingress and
egress. He felt a right-of-way and a property line have specific meanings. He said a
setback is the horizontal distance between the property line and a structure. He agrees
with staff's interpretation of the Code. He said under the Comprehensive fnfill
Redevelopment Project category none of the rights-at-way and setbacks are applicable. He
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said traffic generated by the nearby McDonalds is much greater than the pmposed project
will generate. The self.storage establishment will be open from 8:00 a.m. to 5:00 p.m.
, Between 5:00 p.m. and 9:00 p.m. a card access is required and patrons cannot access the
gates after 9:00 p.m. The applicant is basically proposing a reduction In the number of
parking spaces. In response to a question, Mr. Larson said if the easement is deemed a
prlvate:.roadway and setbacks are required, the site becomes undevelopable.
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Member .Johnson moved to approve the Flexible Development application for a self-
storage establishment within the Commercial District, with a reduction in the re'quired
number of parking spaces, from 135 spaces to 40 spaces, as a Comprehensive Infill
Redevelopment Project, for the site at 18524 US 19 North, subject to the following
conditions: 1) Proof of Unity of Title be submitted prior to the issuance of any permits; 2)
the final design and color of the buildings be consistent with'the plans as submitted
including the use of an exterior stucco finish; 3) signage comply with Code; 4) oak trees,
crepe myrtles, and viburnum hedge be planted along the west side of buildings #3 and #5,
as shown on the landscape ,,'Ian; and 5) the design of the south side of building #3 and
north side of building #5 be consistent with the west elevations of those buildings. The
motion was duly seconded and carried unanimously.
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ITEM C - LEVEL THREE APPLICATIONS
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Item C1 - '1765 Saint Croix Drive, approximately 600 feet north of Saint John Drive.
Jeanette Elaine Harvey-Evans, Owner/Applicant. Request: 1) Annexation of 0; 17 acres to
';"'\ the City; 2) Land Use Plan amendment from RU, Residential Urban Classification (County)
, t',r::} to RU, Residential Urban Classification (Clearwater); and 3) rezoning from R-3, Residential,
SinglepFamily District (County) to LMDR, Low Medium Density Residential District
(Clearwater). ANX 00-05-08
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The property owner has requested this annexation in order to receive sewer service.
The property will have a land use plan designation of Residential Urban and is proposed to
be zoned Low Medium Density Residential (LMDR) District. The subject site is a single-
family residential home. The annexation of the property will eliminate an existing enclave
in this s'ubdivision. The applicant is currently receiving water from Pinellas County and will
continue to do so. 'Sewer service will be provided by the City and capacity for the project
is available for this utility. The applicant has paid the applicable sewer impact fee and is
aware of the additional cost to extend sewer service to the property. Collection of solid
waste will be provided by the City. The proposed annexation will have no adverse effect
on public facilities and their level of service. The proposed annexation is consistent with
the City's Comprehensive Plan, the Countywide Plan, and with Florida law. Staff
recommends approval.
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Member Petersen moved for the CDS to recommend approval of 1) The annexation;
2) the Residential Urban Plan category pursuant to the City's Comprehensive Plan; and 3)
of the Low Medium Density Residential (LMDR) zoning district pursuant to the City's
Community Development Code for property at 1765 Saint Croix Drive. The motion was
duly seconded and carried unanimously.
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Item C2 . 1590 GuU Boulevard, generally located on the west side of Gulf Boulevard,
approximately 300 feet south of Marina Del Ray. Legally described as a portion of the
South 474.02 feet of Government lot 2, lying within Section 1.9, Township 29 South,
Range 15 East, Pinellas County, Florida. (MB 34/011) - Belleview Biltmore Properties, Inc.,
Owner/Applicant; Harry Cline, Esquire, Representative. Request: 1) Land Use Plan
amendment from CG, Commercial General Category to AH, Residential High Category; and
2) rezoning from C, Commercial District to HDR, High Density Residential District. lUZ OQ-
06-08
Member Mazur declared a conflict of interest and did not participate in discussions
or the vote. Member Gildersleeve served as Acting Chair.
The owner/applicant requests to amend the Comprehensive Plan's Future Land Use
Map from Commercial GenerallCG) to Residential High '(RH), and to rezone from the
Commercial (C) district to the High-Density Residential (HDR) district. This plan
amendment and rezoning application are requested by the property owner to build a
multifamily residential development which is not permitted except as a component of a
mixed-use develo'pment in the Commercial Zoning District. The subject site involves
41,838 square feet, or ,96 acres, and includes a vacant restaurant. The vacant Cabana
Club Restaurant is located immediately adjacent to the Cabana Club Condominium
development and was constructed in'the early 1980's. The restaurant was constructed
initially as a clubhouse and "members only" restaurant for the condominiums, but was sold
in the early 1 990' s and operated as a public restaurant. The restaurant has declined to a
substandard condition and is not operational. This parcel historically hC1s been designated
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commercial by the City. The Countywide Future Plan Rules allow residential development
of 24 units per acre and 38 transient units such as hotel rooms or times hares in the
Commercial General Future Land Use category. There are 23 dwelling units allowed on the
subject site through the Commercial General land Use category, However, the Clearwater
Community Development Code does not allow dwelling units outside of a mixed~use
development in the Commercial Zoning District. The net difference or gain of units by
amending the Future Land Use Plan from the Commercial General to Residential High
classification is 5 units, and will be an insignificant increase in potential density. The
subject site is located within a Coastal High Hazard Area which is defined as evacuation
areas for a Category 1 hurricane. However, the Plan Amendment will not require additional
infrastructure to accommodate the development. The parcel has already been developed
and cleared of vegetation, The subject site is the only parcel on Sand Key with a
Commercial General Future Land Use classification and Commercial Zoning. Residential
High is the predominate Future Land Use Plan IFLUP) designation on private property on
Sand Key. The proposed amendment for multifamily use is in keeping with the overall
character of Sand Key and adjacent parcels. The proposed land use amendment is
compatible with surrounding uses. The proposal is consistent with the City and
Countywide Comprehensive plans and will not adversely affect public services, is
compatible with the natural environment, and is consistent with the development
regulations of the City. Staff recommends approval of: 1) Amending the Future Land Use
Plan designation from Commercial General to Residential High, and 2) amending the zoning
district designation from Commercial (C) to High Density Residential (HDR) at1590 Gulf
Boulevard (MB 34/011).
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In response toa question. Senior Planner Gary Jones said the owner can build 28
units on this site. He said there will be no impact on fire and police services.
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Harry Cline, representative. said the applicant proposed to eliminate commercial
zoning and commercial land use and replace It with High Density Residential zoning which
is consistent with the surrounding area. In response to a question, Mr. Cline said the
applicant could build 50 timeshare units with an accessory restaurant on the site. Mr.
Stone'said the maximum square footage the site would support is 23.000 square feet,
subject to site considerations. A fast-food restaurant would support 3,000 sq'uare feet.
Other uses that might be permitted on this commercially zoned site include government
uses, indoor and outdoor recreation, marinas, offices, hotels, motels, churches,
restaurants, alcoholic beverage sales, etc.
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Timothy Johnson stated he repre'sents an unincorporated association known as SOB
(Save our Beachl on Sand Key, comprised of residents of Dan's Island Condominium, the
,Harbour, and Isle of Sand Key Condominium and requested party status under Code
Section 4~206(d). Ms. Dougall-Sides said Code provides for granting of party status if the
individual demonstrates he/she is a substantially affected person by the application. The
party could cross-examine witnesses and present exhibits versus just making comments. It
was remarked that the COB prefers to hear comments from residents first. The CDS
reserved a ruling on the party status request. Mr. Johnson said the applicant's request will
result in diminished quality of life and devalued property values for surrounding residents.
".' . \ He said the proposal fails to meet several Code requirements and requested the COB deny
i'~"':ll the request.
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Nineteen (19) persons spoke in opposition of the application, including Mr. Johnson.
In response to a question, one person said he did not know how the majority of
people residing in the Cabana Club felt about the application. In response to a question,
another person said their Realtor, not the City. told them that the 70-foot view corridor for
their building would never be removed.
Ms. Dougall-Sides said as testimony has been heard from Save our Beach on Sand
Key members indicating how they were substantially affected by the application, the CDS
could rule on Mr. Johnson's request for party status.
Member Petersen moved to recognize Timothy Johnson as the representative for the
Save Our Beach on Sand Key. The motion was duly seconded and upon the vote being
taken Members Plisko, Gildersleeve, Johnson, Moran. and Petersen voted "aye"; Member
Mazur abstained. Motion carried.
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Ms. Dougall-Sides reminded the COB that its rules require that the concurring vote
of at least 4 members is required to take any action on an application and if a decision
results in a 3:2 vote, the case will automatically be continued to the next meeting for a
decision.
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. Mr. Storie said staff must give the applicant and the public objective
recommendations regardless of the interest in the application. He said the comment about
the height between commercial and high-density residential structures was incorrect. In a
standard Commercial IC) district, 25 feet is permitted and High-Density Residentia'l permits
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30 feet, a difference of 5 feet. ,At the upper end, HDR permits up to 80 feet in height; and
Commercial permits 50 feet. a difference of 30 feet; Staff feels decisions about changes
and land use and zoning are needed to ensure compatibility with uses in the High Density'
Residential District. He felt that a Commercial zoning in this area of Sand Key is a mistake.
Staff feels this change is appropriate for the area. Staff's recommendation is not based on
what might be done, but what the potential for districts might allow. The issue of a view
corridor to surrounding residents is always a predominant issue that staff understands, but
that is' not part of the application. In response to a question, Mr. Stone said staff does not
know how the properties and development potentials were divided, however it appears
development rights exist on the portion zoned Commercial that are independent of the rest
of the project. In response to a question, Mr. Stone said he thought although Sand Key
has no f,ire station, fire service is stationed on Sand Key. In any city there are always
. 'imitations on how high fire service personnel can reach on a tall building. Normally, that
- issue is dealt with in terms of building codes and sprinkler systems. Density of the project
proposed is dealt with through land use category and zoning districts which in this case
permits 28 units.
Mr. Cline said the applicant is constructing a project of "like kind and quality"
although the heights may be different than surrounding properties., Dan's Island has 11
stories, the Cabana Club has 9 stories. and Isle of Sand Key has 17 stories. He said if the
logic of protecting the view over someone elso's land was followed, there would be only
one building on Sand Key. He said there is no vested right in zoning. He felt the
applicant's request is fair and reasonable.
In response to a question, Tim Johnson said a maximum of 50 feet in height in
Commercial and a maximum of 130 feet in High Density Residential is permitted. The Save
our Beach on Sand Key does not feel the applicant can meet the criteria for an infill on a
commercial development to increase the height to 50 feet. '
Discussion ensued and it was remarked that homeowners purchased their
condominiums knowing the subject property was commercially zoned. It was remarked
that a restaurant in this location will greatly affect the traffic. It was commented that
based on the testimony heard, the project would negatively impact the community.
Member Petersen moved that based on the testimony and staff report at this public
hearing for the CDS to recommend denial of the request to amend the Comprehensive
Plan's Future Land Use Map from Commercial General (CG) to Residential High (RH) and to
rezoned from the Commercial Ie) district to the High Density Residential IHDR) district for
property at 1590 Gulf Boulevard. The motion was duly seconded. Upon the vote being
taken, Members Johnson, Moran. Pfisko, and Petersen voted "aye"; Member Gildersleeve
voted "nay"; Member Mazur abstained. Motion carried.
The meeting recessed from 3:42 to 3:52 p.m.
mcd0700
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Item C3 - Klnns Hlahwav and Sunset Point Road, generally located on the southeast corner
of Kings Highway and Sunset Point Road. Legally described as Lots Band C, Srentwood
Estates Subdivision. Highpoint Investments, Inc., Owner/Applicant. Donald McFarland,
Representative. Request: 1) Land Use Plan amendment from R/OG, Residential/Office
General Category to RH, Residential High Category; and 2) rezoning from 0, Office District
, to MHDR, Medium Density Residential District. LUZ 00-05.04
This plan amendment and rezoning application are requested by the property owner
to build apartments since infill development is not allowed in the Office zoning District. The
subject site involves two lots totaling 39,000 square feet or .89 acres which currently is
vacant. The proposed use is an apartment complex. The proposed use is consistent with
the City and Countywide Comprehensive plans, is compatible with the surrounding area,
does not adversely affect public services, is compatible with the natural environment, and
is consistent with the development regulations of the City. Staff recommends approval of
1) Amending the Future Land Use Plan designati'on from Residential/Office General to
Residential High; and 2) amending the Zoning District designation of 1 871 Kings Highway
(Lots Band C, Brentwood Estates SUbdivision) from Office (0) to Medium High Density
Residential (MHDR).
Donald McFarland, representative, said the applicant agrees with the staff report.
He plans to construct a small apartment complex on the site.
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. Member Johnson moved that based on the testimony heard and staff report for the
CDS to recommend' approval of the request to 1) Amend the Future Land Use Plan
designation from Residential/Office General to Residential High; and 2) amend the Zoning
District designation from Office (0) to Medium High Density ResidentiallMHDR) for
property at 1871 Kings Highway (Lots Band C, Brentwood Estates Subdivision). The
motion was duly seconded and carried unanimously.
Item C4 - 110 McMullen Booth Road, generally located on the southwest corner of
McMullen Booth Road and Drew Street. Legally described as the north three-fourths of the'
north one-half of the N.W. }'" or the N.W. ~ of Section 16, Township 29 South, Range 16
East. 1MB 22/01). First Baptist Church of Clearwater, Inc., Owner/Applicant; Larry
Ponder, Administrator/Representative. Request: Annexation of 11.81 acres into the City.
ANX 00-05-09
AND
Item C5 -110 McMullen Booth Road, generally located on the southwest corner of
McMullen Booth Road and Drew Street. Legally described as the north three-fourths of the
north one-half of the N.W. ~ of the N.W. Y. of Section 16, Township 29 South, Range 16
East. (MB 22/01). First Baptist Church of Clearwater, Inc., Owner/Applicant; Larry Ponder,
Administrator/Representative. Request: 1) Land Use Plan amendment from RU, Residential
Urban Category (County) to I, Institutional Category (Clearwater), and 2) rezoning from AE,
Agriculture/Estate District ICounty) to 1/ Institutional District (Clearwater).
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The property owner requests annexation of the property at 110 McMullen Booth
Road. This property has a pending case being processed concurrently that proposes to
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Institutional. This anne'xatlon involves one lot approximately 514,444 square feet or 11.81 ,
acres which is currently vacant. A church and support facilities have been proposed for
this site. ,'The proposed annexation will not adversely effect City services. The applicants
are aware of the required impact fees and other additional costs associated with the
extension of sewer service to the site. The proposed annexation is consistent with Florida
Law, ho Community Development Code, and City regulations. Staff recommends approval
of the annexation.
Member Gildersleeve stated he and Mr. Ponder have discussed this matter as he is a
member of the Church. He indicated he has no personal int~rest in the project.
The plan amendment and rezoning application are requested by the property owner
. ,to redesignate property currently vacant to allow construction of a church and support
facilities. Site plan considerations will be addressed in more detail during the development
review process. The Pinellas Planning Council and Florida Department of Community
Affairs will review this case which is a threshold amendment for both agencies. The
proposed use is along the McMullen Booth scenic corridor which is designed residential
which allows Institutional uses. The proposed Institutional Future land use category and
Institutional Zoning District is consistent with the City and Countywide Comprehensive
plans, compatible with the surrounding area, does not adversely affect public services, is
~,,:;::j compatible with the natural environm'ent, and is consistent with the development
regulations of the City. Staff recommends approval of: 1) Amending the Future Land Use
Plan designation from Residential Urban (RUl to Institutional (I), and 2) amending the zoning
district designation from County zoning to Institutional (II for property at 110 McMullen
Booth Road (MB 22/01).
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In response to a question, Mr. Jones said during peak hours traffIc could impact the
surrounding area.
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Larry Ponder, Administrator of First Baptist Church of Clearwater, Inc., said the
church intends to relocate from downtown to the new site at 110 McMullen Booth Road.
He feels the site will provide sufficient parking. The church will hire off-duty police officers
to control traffic.
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motion was duly seconded and carried unanimously.
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motion was duly seconded and carried unanimously.
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Item C6 - 19034 US 19N, generally located on the west side of U.S. Highway 19 North,
440 feet south of the Ham Boulevard intersection. Legally described as Lot 1, Bradford
Court Subdivision. Bradford-Scott Corp. of Florida, Owner/Applicant. Jason Lesser,
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Coastal Builders, Inc., Representative. Request: 1) Land Use Plan amendment from CG,
Commercial General Category to RH, Residential High Category, and 2) rezoning from C,
Commercial District to MHDR, Medium High Density Residential District. LUZ 00-06-06
The applicant requests to amend the Comprehensive Plan's Future Land Use Map
from Commercial General (CG) to Residential High (RH), and to rezone from the Commercial
(C), district to the Medium High-Density Residential (MHDR) district. The property owner
plans to build multifamily residential since the Commercial Zoning District does not permit
multifamily residential development outside of a mixed-use development. The subject site
involves 187,744 square feet or 4.31 acres which currently is vacant. The Pinellas
Planning Council will review this case and Florida Department of Community Affairs as a
threshold case. The proposed use is consistent with the City and Countywide
Comprehensive plans, is compatible with the surrounding area, will not adversely affect
public services, is compatible with the natural environment, and is consistent with the
development regulations of the City. The level of service for US 19 will not be degraded.
Staff recommends approval of 1) Amending the Future Land Use Plan designation of 1 9034
U.S. Highway 19 (Lot ,1, Bradford Court Subdivision) from Commercial General to
Residential High; and 2) amending the Zoning District designation of 19034 U.S. Highway
19 (Lot 1, Bradford Court Subdivision) from Commercial (C) to Medium High Density
Residential (MHDR).
Jason Lesser, applicant's partner, said the applicant agrees with the staff report.
;:", "',,) Member Johnson moved for the COB to recommend approval of the request to 1)
"", Amend the Future Lfmd Use Plan designation of 19034 U.S. Highway 19 ILot 1, Bradford
Court Subdivision) from Commercial General to Residential High, and 2) amend the Zoning
District designation of 19034 U.S. Highway 19 (Lot 1, Bradford Court Subdivisionl from
Commercial (C) to Medium High Density Residential (MHDR). The motion was duly
seconded and carried unanimously.
ITEM C7 - TeKt Amendment Request: Amendments to the Community Development Code
regarding residential rental property, signage, publicly~owned facilities, parking in residential
areas, newsracks, and portable storage units. T A 00-06-04
When reviewing Ordinance Number 6526-00, Comprehensive Amendments to the
Community Development Code, the City Commission deferred action on several issues that
were either proposed in Ordinance Number 6526-00 or brought forward by citizens. The
following issues were deferred or recommended for further review until the July 20, 2000,
Commission meeting: 11 Regulations restricting the renting of residential property; 2)
regulations regarding the permitted duration of portable storage units on property and the
need to provide different regulations for residential and non-residential property, and the
allowance of two signs instead of one on portable storage units; 31 the amount of
permitted window signago; 41 the regulation of temporary sign coverings; and 5) the
prohibition of parking on landscaped areas in front setbacks in residentially zoned districts.
Staff is requesting that four other amendments not discussed at either June meeting
be considered: 1) Whether to permit roofed structures on publicly owned boardwalks,
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mcd0700
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observation platforms, and elevated nature trails; 2) to establish newsracks on publicly
'owned property not in compliance with Code requirements as a nuisance; 3) to revise the
purpose statement of the nonconforming provisions; and 4) to reduce the amount of time
allotted for compliance for nuisance violations from ten to five days. The COB discus sod
and made a recommendation at its workshop and public hearing earlier this year on the six
, month Code update regarding amendments related to renting residential property, portable
storage units, and parking on the grass. It Is in the Board's discretion whether to discuss
and entertain 'comment on these issues again. The Commission deferred the renting of
. residential property to allow staff more time to work with stakeholders, initially took out
the prohibition of parking in landscaped areas In front yards then put it back in, and passed
the amendment regarding portable storage units, but asked staff to research it further and
propose further revisions. It was remarked that although staff has further reviewed the
items previously reviewed by the CDB, no changes were made, except for allowing for
additional on-site time for storage on commercial properties in the portable storage units
amendment. One member requested the record reflect that although in the minority voto,
she is still opposed to the amendment to the renting of residential property.
Staff is requesting the COB's input regarding other amendments: 1) Window signs;
2) ,temporary sign coverings/grand opening signs; 3) publicly owned
boardwalks/observation platforms; 4) newsracks: 5) nonconformity provisions: and 6)
enforcement proceedings. Staff is proposing to amend the existing window sign provision
that 'restricts window signage to 20% of the window area on which the sign is located, or
4 square feet, whichever is less.
Staff is proposing that window signage be permitted up to 8 square feet in area
provided that 25% of the window arca on which the sign is located is not exceeded. The
amendment also imposed a maximum amount of window signage of 24 square feet so that
window signage does not exceed the amount of attached signage that is allowed. The
proposed increase in permitted window signage also should accommodate the periodic
event sign (i.e. for special sales) which was deleted from Section 3-1805IC)' In response
to the recent increased use of temporary sign coverings such as toaster covers, sign socks,
and sign boots, staff is proposing to address this issue in Section 3.1805/C) which
regulates temporary signs. Staff originally proposed to prohibit toaster covers to encourage
a business to install a new sign. At the June 1, 2000, meeting, the Commission directed
staff to permit temporary coverings for grand openings for new businesses or for business
name changes and this has been added to the ordinance. A provision also was added
which imposes a time restriction of 30 days after the issuance of an occupational license.
Staff also is proposing to eliminate the temporary sign that is permitted once a year for
"periodic events". In response to a question, Senior Planner Gina Clayton said staff did not
talk to the business community, but spoke to neighborhood advocates.
Staff is proposing to add a new subsection (M) to Section 3-601 of the ordinance.
This amendment would permit roofed structures on publicly owned boardwalks,
observation platforms, elevated nature trails, and other such structures not intended for
use as a dock facility. The proposed provision also prohibits the use of vertical walls. The
purpose of this amendment is to give flexibility to the City when erecting or retrofitting
such facilities.
mcd0700
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Staff is proposing, to expand the nuisance provisions' regarding newsracks In Sectfon ,
3.1503(B)(12).. The current Code requirement declares newsracks and vending machines a
nuisance if located in a manner that causes imminent danger or is otherwise unsafe. Staff '
Is proposing to expand this to include any newsrack on public property not In compliance
with the newsrack requirements to be a nuisance. The proposed amendment would'
provide code enforcement officers the ability to remove noncompliant racks after sufficient
notice is given to the owner and it is not removed.
Staff is proposing to revise the purpose/applicability section of the nonconformity
p'rovisions. The proposed amendment clarifies that structures, uses and lots that were
lawful on the date of the adoption of the Code, but not under the T'!ew Code, are
considered nonconforming. It also further clarifies the intent of the Code to bring
nonconforming properties into compliance through a change of use, redevelopment, or
other change of condition.
Staff is proposing to reduce the amount of time given to a property owner to correct
a nuisance violation. The proposed amendment reduces the required compliance time from
10 to 5 days. This would provide the Community Response Team with the means to
require rapid resolution of nuisance situations. Examples of nuisances include abandoned
buildings, accumulations of weeds, debris, etc.; grass/weeds exceeding 12 inchos, and
outdoor storage of dismantled or, inoperative vehicles, equipment, etc. It should be noted
that Community Response Team deals with violations on a case-by-case basis and where
circumstances ,dictate more time for compliance, such flexibility would still exist. In
addition, any violation of the Code not deemed a nuisance would be treated through the
existing Code enforcement board process. In re'sponse to a question, Ms. Dougall-Sides
said it is clear in the Code that the compliance time refers to calendar days.
Four additional provisions proposed by staff that have surfaced are: 1) Residential
Infill Projects; 2} fences; 3) Comprehensive Sign Program; and 4) temporary yard signs.
. Criteria for residential infill projects provides fle>dbility to vary development standards
permits flexibility in development standards that may be reduced beyond what is listed in
use charts. Staff is proposing to more clearly identify this flexibility by adding a footnote
to each flexible development use chart in the residential zoning districts specifying that the
development standards enumerated for residential infill projects are guidelines and may be
varied depending on each site plan.
Staff added a provision in the Code update regarding' corner lot fence. however it
does not adequately address differing corner lot configurations and needs to be more
specific. Staff is proposing that if a corner lot has a rear yard that abuts the rear yard of
another corner lot, a six-foot high fence would be permitted in the yard abutting the side
street. Consensus of the COB was not to recommend this amendment to the Commission.
Staff also is proposing that if a rear yard of a corner lot abuts a front yard of
another lot that only a three-foot high fence be permitted in front of the setback line of the
principal building on the adjacent lot. This provision will protect the view of an adjacent
property owner. In response to a question, Ms. Clayton said the setback a six-foot high
mcd0700
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said this amendment was derived from applications on major corridors where owners with
side yards and corner lots want more privacy from the street. Consensus of the COB was
not to recommend this amendment to the Commission.
Staff has determined there are no regulations that permit political speech In the
nonresidential zoning districts. Staff is proposing that the current temporary yard sign be
expanded to include a sign not exceeding 32 square feet in the nonresidential zoning
districts. '
Staff added provisions for monument signs in the nonresidential zoning districts in
the Code update. It was never contemplated, however, that such signs be subject to the
Comprehensive Sign Program which allows an increase of up to 100% in sign size. Staff is
proposing that an amendment clarifying this be made to the Comprehensive Sign Program
provisions.
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In response to a question, Mr. Stone said staff anticipates that amendment
proposals will be brought before the COB no more than once a year hereafter. It was
remarked that signs for refurbished movie theaters was not addressed in the Code. Mr.
Stone 'said unless an 'applicant brought the issue forward, that amendment would not be
d~scussed. A procedure in the Code allows applicants to suggest amendments upon
payment of an application fee.
(;~2,~~ A representative from PODS (Portable On Demand Storage) requested that staff and
'..,N the CDB revisit the section of Code referencing portable storage units. She thought the
POD would be permitted on the property as long as the permit is active. It appears the
PODS will be restricted'to only 4 days on location during an active permit. She feels the
PODS should be permitted on the site during the entire remodeling process. Mr. Stone said
staff feels PODS are intended to be brought .to the property as a portable means of storage
versus long-term storage units. In response to a question, the PODS representative said
PODS can easily be deposited in a side or rear yard, although from a collection standpoint,
they are easier to remove it in a driveway. Mr. Stone said the Commission will consider
this issue on Thursday.
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rear or side yards.
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provides for construction-related storage units not related to PODS.
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amendments presented today, with the exception of the two fence amendments. The
motion was duly seconded and carried unanimously.
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Item' C8 ~ 2755 Daniel Street, generally located on the south side of Daniel Street 200 feet
west of McMullen Booth Road. Legally described as lot 4, Block 3, Acker's Subdivision.
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Barry J. Vogel, Owner/applicant. Marcus Vernon, Representative. Request: Annexation of
0.18 acres into the City. ANX OO~05-10
AND
Item C9 - 2755 Daniel Street, generally located on the south 'side of Daniel Street 200 feet
west of McMullen Booth Road. legally described as lot 4, Block 3, Acker's Subdivision.
Barry J. Vogel, Owner/applicant. Marcus Vernon, Representative. Request: 1) land Use
plan amendment from RU, Residential Urban Category (County} to R/OG, Residential/Office
General Category (Clearwater), and 21 rezoning from R~3District (County) to 0, Office
District (Clearwater). LUZ OO.05~07
The owner is requesting to annex property at 2755 Daniel Street. The property has
a pending case being processed concurrently that proposes to change the Future land Use .
Plan category to Residential/Office General and zoning district to Office. This annexation
, involves one lot of 8,276 square feet or .19 acres which currently has a single-family
residence. An office development has been proposed for the annexed site and adjacent .55
acres presently' in the City and is being processed in case Fl 00.05-07. The proposed
annexation will not adversely affect public services, is consistent with Florida law, the
Community Development Code, and City regulations. Staff recommends approval of the
, annexation of the property at 2755 Daniel Street. (LUZ 00-05-10} ,
The property owner also has submitted a plan amendment and rez~ning application
to redevelop this lot, designated Residential Urban, in conjunction with adjacent lots
designated Residential/Office General. Currently, a single-family house is located on the
subject lot {.19 acres' and with surrounding property is proposed to be redeveloped with an
office (total site - .74 acres). The site plan is being reviewed concurrently with this
application. The proposed Residential/Office General Future land Use and Office Zoning
District does not adversely affect public services, is compatible with the natural
environment, and is consistent with the development regulations of the City. Staff
recommends approval of: 11 Amending the Future Land Use Plan designation from
Residential Urban (RU) to Residential/Office General (R/OG), and 21 amending the zoning'
district designation of 2755 Daniel Street from County zoning to Office fO}.
Marcus Vernon, representative, said he had no objection to the COB hearing both
cases concurrently. He thanked staff for their assistance.
Member Petersen moved, based on the staff report at this public hearing, that the
CDB'recommend approval to the Commission of the annexation request for property at
2755 Daniel Street. (ANX OO.05~ 10). The motion was duly seconded and carried
unanimously.
Member Petersen moved, based on the staff report at this public hearing, that the
COB recommend approval to the Commission of: 1) Amending the Future Land Use Plan
designation from Residential Urban (RU) 'to Residential/Office General (R/OG), and 2)
amending the zoning district designation of 2755 Daniel Street from County zoning to
Office (0). (LUZ 00.05.07). The motion was duly seconded and carried unanimously.
mcd0700
14
07/18/00
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ITEM 0 -' LEVEL TWO APPLICATIONS
Item D1 . 2760 McMullen Booth Road. Barry J. 'Vogel: Owner/applicant. Marcus Vernon,
Representative. Request: 1) Flexible Development approval 1) to reduce the front setback
from 25 to 10 feet (Charles Avenue); 2) reduce the front setback from 25 to 7 feet
(McMullen Booth Road): 3) reduce the front setback from 25 to 24 feet (Daniel Street): 4)
. reduce the side setbacks from 20 to 5 feet; and 5) reduce the required number of parking
space~ from 24 to 22 spaces,. as a Comprehensive Infill Redevelopment Project with
Comprehensive Landscape Program. Proposed Use: An 8,000 square foot office building.
, Fl 00.05-17
The applicant is proposing to develop an 8,000 square feet office building as part of
a Comprehensive lnfill Redevelopment Project. The project includes the demolition of the
existing single-family home, reduction of front setback from 25 to 10 feet along Charles
Avenue, reduction of front setback 'from 25 to 7 feet along McMullen Booth Road,
reduction 'of front setback from 25 to 24 feet along Daniel Street, reduction of side
setbacks from 20 to 5 feet, and reduction in parking requirement from 24 to 22 spaces.
The new office building will have a dark green colored pitched asphalt shingle roof, 15 feet
in height as measured to the midpoint of the roof. The building will be pale yellow stucco
and buff color brick. The colors are subject to change. Staff believes any changes should
be consistent with those on the plan. Windows will be incorporated on all elevations and
shutters are included on the north and east (front) elevations. The proposal includes
ingres,s along Charles Avenue to a one-way (northbound) driving aisle and parking lot. The
22 parking spaces are shown at a 75-degree angle. Egress is provided at the north end of
the parking lot at Daniel Street. The site plan provides no direct access to McMullen Booth
Road. The O. 74~acre site is irregularly shaped with 355 feet of frontage on McMullen
Booth Road,' 244 feet of frontage on Daniel Street and just over 50 feet of frontage on
Charles Avenue. A portion of the site, 0.19 acres, is the subject of pending annexation,
land use plan amendment and rezoning cases (ANX 00-05.10 and LUZ 00-05-07). That
portion contains an existing single-family residence. The area facing McMullen Booth Road
is undeveloped. The majority of the site has overgrown shrubbery and contains several
mature oak trees. McMullen Booth Road is classified as a major arterial and is a designated
scenic corridor. Proposed landscaping exceeds Code requirements. The applicant is
pursuing a permit with PineUas County to landscape the right.of-way. Staff recommends
approval, subject to conditions: 1) The landscape plan be further revised to include a tiered
effect along McMullen Booth Road, as provided through a landscape easement within the
right-of-way, and that the agreement with Pinellas County for s'ame be finalized prior to the
issuance of a building permit; 2) it the agreement to landscape the right-at-way is not
secured, the landscape plan be amended to exceed Code requirements, to the satisfaction
of staff; 3) the landscape plan exceeds the intent of the Code including perimeter
landscaping along all property lines; 4) the final design and color of the building be
consistent with the plans as submitted; and 5) s;gnage comply with Code.
Discussion e'nsued and it was felt that staff's Condition #3 is similar to Condition
#2.
med0700
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07/1 8100
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, c 1 Marcus Vernon, representativo, said a system is in place for a landscaping easement
in Pinellas County, but getting it Is anothe'r story. He said the issue regarding Condition #2
is economic stability. The applicant has agreed to forego the entrance on McMullen Booth
,Road,' forego a parking configuration that allowed for 2 'more spaces, and forego a retention
,pond in proximity to McMullen Booth Road. The applicant has indicated he.will make a
concerted effort to ob.tain a landscape easement. Mr. Vernon said Condition #2 was added
after he met with cstaff. In the event the applicant does not obtain the landscape
. easement, he feels the applicant should be permitted to proceed with the site plan as
submitted. Discussion ensued and Mr. Vernon was agreeable to providing the same
, amount of landscapIng dollar for dollar elsewhere on the site. He said tiering landscaping
on an alternate location has not been discussed with staff. Mr. Stone stated that staff can
work with Mr. Vernon and the applicant regarding the landscaping issue.
.. Member Johnson moved that the COB approve Case FL 00-05* 17 for Flexible
Development approval at 2750 McMullen Booth Road, subject to staff conditions,
amending Condition #2 to read "if agreement to landscape the right-of-way is not secured,
the landscape plan be amended to exceed landscape Code requirements, in an equal
monetary equivalent as if the landscaping easement had been obtained. The motion died
for lack of a second.
Discussion ensued regarding the redundancy of Condition #3.
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Member Johnson moved that the COB approve Case FL 00-05-17 for Flexible
Development approval at 2750 McMullen Booth Road, subject to staff conditions,
amending Condition #2 to read "if agreement to landscape the right-of-way is not secured,
the landscape plfln be amended to exceed landscape Gode requirements, to the satisfaction
of staff, in an equal monetary equivalent as if the landscaping easement had been
obtained;', and delete Condition #3. The motion was duly seconded and carried
unanimously.
Item 02 - 850 EldQrado Avenue. Thomas & Kathleen Sherman, Owners/applicants.
Request: Flexible Development approval to reduce the front setback from 25 to 12 feet,
and increase the maximum impervious surface ratio from 0.65 to 0.75, as part of a
Residential lntill Project. Proposed Use: An addition to an existing single-family residence.
FlOO-05-15
1
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The applicant is requesting Flexible Development approval to reduce the front
setback from 25 to 1 2 feet and increase the maximum impervious surface ratio for the site
from 0.65 to 0.75, as a Residentiallnfill Project. The site is 0.15 acres located on the
northwest corner of Gardenia Street and Eldorado Avenue. The site is located in an area of
the beach for which redevelopment requests are common. Eldorado Avenue is a two-lane
residential street with a 50-foot right-of-way. Gardenia Street is an unimproved public
right-af-way from which public access is provided to the beach. The site contains an
existing 31000 square foot single-family dwelling with an attached, tWo-car garage, built in
1968. The house is currently setback 10 feet from Eldorado Avenue and is five feet from
the north (side) property line. The applicants are proposing to add 89 square feet to an
existing master bedroom and 26 square feet to the entryway, totaling 115 square feet. .
mcd0700
16
07/18/00
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t~ The master bedroom addition will be 12 feet from the front setback' on Eldorado Avenue.
The required front setback along Eldorado Avenue is 25 feet, which' appears extraordinary
given the narrow width of the road, however, tho request to reduce the front setback
(Eldorado Avenue) from 25 to 12 feet is in keeping with the established character of the
area. A majority of the houses in the area have been built at approximately this setback.
The proposed addition will not encroach any farther into the front setback than currently
exists. The request also includes an increase in the maximum impervious surface ratio
(lSR) is from 65 to 75 percent. The existing ratio already exceeds Code requirements by
eignt~ percent (0.73). Staff recommends approval of the request.
Chuck Retchless, representative, concurred with staff's recommendations.
Member Petersen moved that the COB approve the Flexible Development request to
reduce the front setback from 25 to 12 feet along Eldorado Avenue and increase the
maximum impervious surface ratio from 0.65 to 0.75, as part of a Residentiallnfill Project,
for the site at 850 Eldorado Avenue. The motion was duly seconded and carried
unanimously. ' '
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The applicants are requesting Flexible Development approval to reduce the side
setback from 15 to 7.5 feet, as part of a Residential Infill Project. The site is approximately
0.23 acres located on the south side of Sari Bernadino Street, approximately 240 feet east
of Monterey Avenue. The site contains an existing 1,931 square foot single-family
dwelling built in 1958. The dwelling encroaches into the required side setbacks along the
east and west property lines. The cast side setback is 11.5 feet and the west side setback
is 10.5 feet. All other setbacks comply with Code requirements for the Low Density
Residential District. The applicants are proposing to construct a 365-square foot master
bedroom addition to the rear of the home. The proposal will result in an encroachment into
the east side setback. The request is a reduction in the (east) side setback from 15 to 7.5
feet. The proposed addition will be constructed to match the architectural style of the
existing house. It will be constructed with an exterior finish and roof materials that will
blend into the house. The house is located in the Del Oro Groves neighborhood in eastern
Clearwater. Staff recommends approval.
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Item 03 - 3219 San Bernadino Street. David & Beth Philion, Owners/Applicants. Request:
Flexible Development approval to reduce the side setback from 1 5 to 7.5 feet as part of a
, Residentiallnfill Project. Proposed Use: A master. bedroom addition to an existing single-
family residence. FL 00-05-16
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DavId Philion, owner, said he wishes to add a room onto his house.
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Member Gildersleeve moved that the CDB approve the Flexible Development request
to reduce the side setback from 1 5 to 7.5 feet, as part of a Residential Infill Project. The
motion was duly seconded and carried unanimously.
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Item 04 - 3273. 3281 Landmark Drive. Dr. Douglas Weiland, Owner/applicant. Request:
Flexible Development approval to install a six~foot fence within the required 25-foot front
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setback, as part of a Residentiallnfill Project. Proposed Use: A 6-foot fence with brick
columns along ~he frontage of two single-family lots. FL 00-05-22
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The applicant is requesting Flexible Development approval to construct a brick and
metal fence at a height of 6 feet within the front setback of 3273 and 3281 Landmark
Drive and to construct a black vinyl-clad chain link fence along the southern property of
3273 landmark Drive within the front setback, as part of a Residential Infill Project. The
site is 2 parcels, held in common ownership, totaling 2.09 acres. The parcels are on the
east side of Landmark Drive, approximately 450 feet north of Geiger Court. The site
cc;mtalns 2 single-family dwellings. The site at 3273 Landmark Drive contains a 6-foot
aluminum, picket fence with masonry columns along a portion of the front (west) property
line. The applicant is proposing to continue the fence, north along the front (west) of
property at 3281 Landmark Drive. The aluminum, picket fence also will continue at the
southwest corner of the prop,erty at 3273 and run east for 20 feet. The proposal also
includes the installation of a 6-foot, bla~k vinyl-clad chain link fence to be located along the
side (south) property line of the property at 3273 landmark Drive. The chain link fence will
begin 20 feet east of the southwest corner of the site joining the proposed 6-foot
aluminum, picket fence and will run east to meet with an existing 6-foot wood fence. The
site is in a desirable part of the City that has maintained a significantly high quality of
architecture. The 'request is to reduce the front setback (west) from 25 to zero feet for a
6-foot aluminum, picket fence with masonry columns and a chain link fence. The proposed
picket fence will match the architectural style and materials of the existing structures. The
, proposed chain link fence will begin 20 feet from the front setback and will be clad in black
vinyl and heavily landscaped. Staff recommends approval.
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Roberto Klar, architect, said the applicant wishes to extend his fence to include hi:;
entire property.
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Member Petersen moved that the COB approve the Flexible Development request to
construct a brick and metal fence at a height of 6 feet within the front setback of 3273
and 3281 landmark Drive, and to construct a black-vinyl clad chain link fence along the
southern property of 3273 Landmark Drive within the front setback, as part of a Residential
Infill Project at the sites at 3273 and 3281 landmark Drive. The motion was duly
seconded and carried unanimously.
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Item 05 ~ 800 Eldorado Avenue. Thomas & Pauline Deal. Request; Flexible Development
approval 11 to reduce the front setback from 25 to 7 feet on Mango Street; 2) reduce the
front setback from 25 to 15 feet on Eldorado Avenue, and 3) increase the height of the
dwelling from 30 to 32 feet as pert of a Residential Infill Project. Proposed Use: Single~
family residence. FL 00-05-20
Member Plisko declared a conflict of interest and excused himself from the
discussion and vote.
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The owners are requesting Flexible Development approval to reduce the front
setback from 25 to 7 feet on Mango Street, reduce the front setback from 25 to 15 feet on
Eldorado Avenue, and increase the height of the dwelling from 30 to 32 feet, as part of a
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,~ Residentiallnfiil Project. The site is 0.15 acres on the northwest corner of Eldorado
Avenue and Mango Streets. Eldorado Avenue is a 2-lane, residential street with a GO-foot
right~of-wav. Mango Street, although platted as a public street wjth 60 feet of rlght-of-
way, has been improved with a pedestrian access-only to the beach. It will continue to be
used as public access to the Gulf. The site is in a desirable part of the beach that is
undergoing redevelopment. The site includes a 1,472 square foot single-family dwelling.
The house is set.back approximately 9 feet from the front property line on Eldorado Avenue
and approximately 7 feet from the front property line on Mango Street. As a corner lot, the
site h~:lS 2 front setbacks. The applicant is proposing to demolish the existing house and
construct a new 3,600 square foot, single-family dwelling. The required front setback
along Eldorado Avenue is 25 feet, which seems extensive given the narrow width of the,
'road. The request to reduce the front setback (eas! property line) from 25 to 1 5 feet is in
keeping with the established character of the area and would otherwise be a Flexible
Standard request requiring a staff-level, administrative review. The proposed dwelling will
sit farther from the east property line than currently exists. The request for the second
front setback reduction on Mango Street from 25 to 7 feet requires this case be reviewed
as a Flexible Development request. The request to reduce the front setback along Mango
Street is in keeping with other sites in the area that adjoins public access to the heach.
The owner seeks to maintain a consistency in the streetscapeof the neighborhood. The
applicant also is requesting a height jncrease from 30 to 32 feet. This will bring the house
into visual conformance with the rest of the neighborhood and maximize the potential of
the site. The houses will have three stories. A two~bay garage will be located on the
lower level with 2 levels of living space above, which is consistent with the neighborhood.
(~~) Staff recommends approval.
Thomas Deal, owner, said he was present to answer questions.
Member Petersen moved that the COB approve the Flexible Development application
for a reduction in the front setback from 25 to 7 feet on Mango Street, a reduction of the
front setback from 25 to 15 feet on Eldorado Avenue, and an increase in height from 30 to
32 feet as a Residential In fill Project, for the site at 800 Eldorado Avenue. The motion was
duly seconded and upon the vote being taken Members Mazur. Gildersleeve, Johnson,
Moran. and Petersen voted "aye"; Member Pliska abstained. Motion carried.
Item 06 - 2853 Foxwood Drive. Bradley W. Mitchell, Owner/Applicant. Request: Flexible
Development approval 1) to reduce the rear setback from 25 to 17 feet, and 2) reduce the
side setback from' 15 to 7.66 feet, as part of a Residential Infill Project. Proposed Use; A
673 square-foot addition to an existing single-family residence. FlOO-04-"
--)
The owners are requesting Flexible Development approval to reduce the rear
setback from 25 to 17 feet and reduce the side setback from 15 to 7.66 feet. as part of
a Residential Infill Project. The site is 0.39 acres on the south side of Foxwood Court,
approximately 1 50 feet west of Landmark Drive. The lot is an irregular rectangle shape
that is wider at the street than along the rear property Hne. The neighborhood has ,
numerous homes that continue to be well maintained. The site contains a 3,697 square
foot single-family dwelling built in 1978. The dwelling contains an attached garage and
open porch. as do most of the surrounding homes. The house encroaches on the required
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1S':foot side setback least prope'rty line) by nearly 4 feet. All other setbacks comply with
Coda requirements 10r the Low Density Residentiaf District. The applicants wish to
construct a 673-square foot addition to thf;l rear of the home. The addition will encroach
Into the side and rear setbacks resulting in an 8-foot (east) side setback and a 17-1001'
rear setback. The proposed addition will not protrude past the existing side walls and will
not be seen from Foxwood Court. Existing veg'etation' and an eXisting 6-foot wood
privacy fence surrounding the back yard will help screen the addition from surrounding
,properties. Staff recommends approval.
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Tom Orunasky; representative, was present for questions.
Member Petersen moved that the CDS approve the Flexible Development request
to reduce the rear setback from 25' to 17 feet and reduce the side setback from 15 to
7.66 feet, as part of a Residential InfHl Project. The motion was duly seconded and
carried unanimously.
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Item 07- 1400 Garden Avenue. Religious Community Services, Owner/Applicant.
Request: Flexible Development approval of an expansion of a residential shelter with a
request to: 1) reduce the front, setback from 25 to 11 feet (Garden Avenue); 2) reduce the
side setback from 10 to 4 feet along the south property line (starting at the southwest
corner of the site running to the west); 3) reduce the side setback from 10 to 3 feet along
. the south property line (starting the southwest corner of the site' running to the east); and
4) reduce the. number of required parking spaces from 26 to 24, as a Comprehensive Infill
Redevelopment Project. Proposed Use: A 6,980 square-foot expansion of an existing
7,149 square-foot residential shelter. FlOO-05.18
Member Pliska declared a conflict of interest and excused himself from discussion
and the vote.
The applicant requests Flexible Development approval to reduce the front setback
from 25' to 11 feet (Garden Avenue), reduce the side setback from 10 to 4 feet along the
south property line (from the southwest corner of the site to the west), reduce the side
setback from 10 to 3 feet along the south property line (from the southwest corner of the
site to the east), 'reduce the number of required parking spaces from 26 to 24 spaces, and
approve an expansion of a residential shelter, as a Comprehensive Infill Redevelopment
Project. The O.BO-acre site is irregularly shaped with 210 feet of frontage on Garden
Avenue and 162 feet of frontage on N. Fort Harrison Avenue. It includes 8 lots (Lots 1, 3,
4, 5, 10, 18, 19, and 20) that have been combined through Unity of Title. The site is the
current location of the Haven House that includes 3 existing structures totaling 7,149
square feet. The existing structures include a 4,915 square foot two-story, masonry
building (located on Lot 4 at the northwest corner of the site), a 1,202 square foot two-
story, masonry building lJocated on Lot 10 at the northeast corner of the site) and a 1,032
square foot single.story masonry structure (located on Lot 1 at the southwest corner of the
site). The Haven House has been located at this site since 1983. It provides shelter to
victims of domestic violence and their children and currently operates with 20 beds with 1 5
staff members. The proposal includes converting the existing structures to offices, an
addition to the smaller 2-story structure, and increasing the number of beds to a total of
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34. There will be no increase to the nuinber of staff. The proposal Includes the oxpansion
of the existing structure on Lot 10 with a 6,980 square foot addition. The addition will be
setback 20.35 feet from the east (front) property line. A new porch will be added to the
existing 2-story structure on Lot 1. It will' extend 8 feet to the east in line with the existing'
building. Five new parking spaces will be added to Lot 18 (southeast portion of the site)
with a side (south) setback of 4 feet. There are 3 existing access points on the site, 2
from N. Ft. Harrison Avenue (1 each for Lots 1 and 5) and 1 from N. Garden Avenue (Lot
10). A fourth access point will be added for the proposed parking spaces on Lot 18. The
proposal incorporates the use of a 6-foot masonry wall lfor security purposes) along
eastern portion of the site with landscaping on the exterior side. The landscape plan
provided exceeds the intent of the Code. Staff recommends approval.
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Linda Amidi, representative, was present for questions. She commended staff for
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, Member Gildersleeve moved that the COB approve the Flexible Development
application to reduce the front setback from 25 to 11 feet (Garden Avenue), reduce the
side setback from 10 to 4 feet along the south property line (from the southwest corner of
the site to the west), reduce the side setback from 10 to 3 feot along the south property .
line (from the southwest corner of the site to the east), reduce the number of required
parking spaces from 26 to 24 spaces, and approve an expansion of a residential shelter, as
a Comprehensive Infill Redevelopment Project, for the site at 1400 North Garden Avenue.
The motion was duly seconded. Upon the vote being ta~en Members Mazur, Gildersleeve,
Johnson, Moran, an~ Petersen voted "aye"; Member Pliska abstained. Motion carried.
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Item D8- 333 Chestnut Street. Pinellas Countyrrhomas Borawski, Owner/applicant.
Request: Flexible Development approval 1) to reduce the front setback from 25 to 8 feet
(Palm Avenue); 2) reduce the front setback from 25 to 9 feet (Oak Avenue); 3) reduction in
side yard from 10 to 3 feet; and 4) reduction in required number of parking spaces from
121 to 61 spaces ( 6 spaces on-site and 55 spaces off-site), as part of a Comprehensive
Infill Redevelopment Project with Comprehensive Landscape Program. Proposed Use: A
22,000 square foot television studio in association with an existing 8,235 square foot
facilities maintenance building. Fl 00-05-21
Member Gildersleeve declared a conflict of interest and excused himself from the
discussion and vote.
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The applicant requests Flexible Development approval to reduce the front setback
from 25 to 8 feet (Palm Avenue), reduce the front setback from 25 to 9 feet (Oak Avenue),
reduce the side yard from 10 to 3 feet, and reduce the required number of parking spaces
from 121 to 61 spaces (6 spaces on-site and 55 spaces off-site), as part of a
Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program. The
1 .06-acre site is at the southeast corner of Chestnut Street and Oak Avenue, west of Palm
Avenue. It is part of a larger Pinellas County government campus just south of downtown
Clearwater. The site recently contained a 1, 1 04 square feet 2-story wood building and a
656 square feet single-story building that operated as a production studio. Those
structures were razed as part of this redevelopment proposal. It also contains an 8,235
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'square foot facilities maintenance building that wlll be maintained as part of this
application. There were 52 legal parking spaces on site that served the existing use and
the larger government campus; 50 were reassigned to other parking lots and 2 will remain
as part of the new site plan. Redevelopment of the site includes the replacement of the
former television studio with a new 22,000 square foot building. The building will be ;32
feet in height with a flat roof. The building materials will include brown brick arid yellow
,stucco. Although the architectural style is modern, the building will fit the scale of
surrounding buildings. The falfade along Palm Avenue will contain numerous windows.
The Chestnut Street elevation features a large circular window. The Oak Avenue elevation
depicts a stucco fayade and large doors for studio use. The use of stucco and brick add
interest to the' exterior walls. The landscape plan includes a mixture of shade ~nd
ornamental trees, shrubs, palms and ground cover. Revisions need to be made to the ,
, perimeter landscaping including additional plantings around the detention basin and '
supplemental periphery trees and shrubs. The proposal includes a reduction in the front
setback along Oak Avenue from 25 to 9 feet, a reduction in front setback from 25 to 8
feet along Palm Avenue and a side setback reduction from 10 to 3 feet. The reductIon in
setbacks will help ensure that the building is in harmony with the immediate vicinity. There
are existing 4-foot sidewalks along Oak Avenue and Chestnut Street. A 5-foot sidewalk
will be provided along Palm Avenue. The proposal also includes a reduction In the required
number of on-site parking spaces from 1 21 to 6 spaces. The television studio is part of a
large County Government campus that tias multiple parking lots in the immediate area. The
total number of employees will be 30 with up to 20 visitors. The applicant has indicated
that 50 spaces will be needed for the proposed building. Code requires that parking be
based on the gross floor area, however, the size of the proposed building reflects space
needed for equipment rather than people. The applicant's calculation for parking is a better
indication of need than current Code requirements. The same rationale is used for the
eXisting facilities management building. Code requires 33 parking spaces based on the
building size, yet, the applicant has shown there is a need for only 11 spaces based on the
number of employees that work at the facility. The proposed building will displace 50
parking spaces of the 52 spaces that were recently removed on the property. These 50
spaces were reassigned to other lots throughout downtown (28 spaces were assigned to
the Methodist Church to the south, 1 6 spaces were assigned to the First Christian Scientist
Church, and 6 spaces were assigned to the City parking lot located on the northeast corner
of Ft. Harrison Avenue and Court Street). Based on the applicant's need, 61 parking ,
spaces are required for the new and existing buildings. The plan includes 6 parking spaces
to be provided on-site. The remaining 55 parking spaces are to be provided elsewhere
within the larger campus. Staff agrees the parking demand for this project is 61 spaces
and the applicant has agreed to provide a total of 61 spaces (6 spaces on~site and 55
spaces off-site). Staff recommends approval, subject to conditions: 11 The temporary 011-
site parking (northeast corner of Turner Street and Ft. Harrison Avenue) be permitted untIl
the provision of adequate alternate or permanent parking is provided to the satisfaction of
staff, whichever occurs first; 2~ should parking arrangements at this lot change andlor be
unavailable to the site, the City will be notified immediately to establish a mutually
acceptable alternate parking area; 3) a revised master parking plan with all parking
assignments be provided to staff, prior to issuance of Certificate of Occupancy for this
facility; 4) all parking areas required for this project (on and off-site) be of hard surface
material, striped and include required handicap spaces; and 5) the landscape plan be
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revised to include additional plantings around the detention basin and supplemental
"periphery trees/shrubs.
Concern was expressed that. so many contingency plans are being considered. In
response to a question, Planner Ryan' Givens said the site plan wllllnclude handicapped
parking spaces. He said staff did not perform an analysis regarding the number of parking
spaces the'County claims will meet the needs of employees and visitors. Staff is relying
on the number of County41eased spaces and their representation sufficient parking spaces
are in place.
Thomas Borawski, representative, concurred witl1 staff's recommendations. He
submitted a map of the downtown and referred to parking lots leased by the County.
Some spaces 'are metered to accommodate the public, and others are not. Some lots are
leased for County staff and others are for visitor use. Mr. Borawski said although the
building will fill the site and 50 parking spaces have been removed, spaces are available in
other nearby'lots. Visitors are mostly County staff. The building will be used to film park
films and County Commission meetings. Many staff will walk to the bUilding. As'
volunteers arrive after normal business hours, they will have sufficient parking. In response
to a question, Mr. Borawski said ,the existing parking garage at Osceola Avenue/Court
Street will be expanded. He said the City Engineering Department has information
, regarding parking issues as changes are being made due to the proposed Memorial
Causeway Bridge project.
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~','~>~~ Carl Barron, Director of General Services for the County, said the County is in the,
. . ',.' process of reviewing the proposed plan and road improvements for Chestnut and Court
Streets. Parking spaces will be gained in the parking lot west of 315 Court Street, at the
Courthouse. Overall parking will increase. He felt comfortable that the County meets
parking requirements. Mr. Barron said the City entered into an interlocal agreement with
the Board of County Commissioners that states that as the County transfers $10 million to
the County's po'rtion out of the Penny for Pinellas to contribute to this project, the City has
specific commitments to ensure their design process makes the County whole with regard
to parking. Planning Director Ralph Stone said staff feels the 5 recommended staff
conditions cover all contingencies.
Member Petersen moved that the COB approve the Flexible Development request to
reduce the front setback from 25 to 8 feet IPalm Avenue), reduce the front setback from
25 to 9 feet (Oak Avenue), reduce the side yard from 10 to 3 feet, and reduce the required
number of parking 'spaces from 121 to 61 spaces (6 spaces on-site and 55 spaces off-sitel,
as part of a Comprehensive Infill Redevelopment Project with Comprehensive Landscape
Program at 333 Chestnut Street, subject to conditions: 1) The temporary off-site parking
(northeast corner of Turner Street and Ft. Harrison Avenue) be permitted until the provision
of adequate alternate or permanent parking is provided to the satisfaction of staff,
whichever occurs first; 21 should parking arrangements at this lot change and/or be
unavailable to the site, the City wlll be notified immediately to establish a mutually
acceptable alternate parking area; 3) a revised master parking plan with all parking
assignments be provided to staff, prior to issuance of Certificate of Occupancy for this
facility; 4) all parking areas required for this project (on and off-site) be of hard surface
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material,. striped and include required ,handicap spaces; and 5) the landscape' plan be
, revis'ad, to iliclude additional plantings around the detention basin and supplemental
periphery trees/shrubs. The motion was duly seconded. . Upon the vote being take'n
Members Mazur, Pliska, Johnson, Moran, and Petersen voted "aye"; Member
Gildersleeve abstained. Motion carried.
ITEM E - APPROVAL OF MINUTES OF PREVOiUS MEETING: June 20, 2000,
, Member Moran moved to approve the minutes of the regular meeting of June 20, .
2000, as submitted in written summation to each Board member. The motion was duly
seconded and carried unanimously. '
ITEM F - DIRECTOR"S ITEMS - None. c
Other Business
I,t ~as requested staff recommend to the Commission that consideration be given to
replacement/updating of the microphones in Cha'mbers.
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It was requested staff,ensure that all surveys,submitted with 9ases be current.
The Assistant City Attorney said an administrative hearing was held on June' 29,
2000, regarding ,the cellular telecommunication tower issue. She said parties are
submitting proposed order anda ruling should be given within 45 days of the hearing. A
companion ,federal case is in mediation.
Staff was complimented for wor~ing with applicants to resolve issues.
ITEM G - ADJOURNMENT
Tho mooting odjourned at 6:16 p,m~. (1.. c:~~l
Community Development BOt;) .
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
L^ST NAME- .lllSl' !'lAME -Ml0DLE NAME N^ME OF BOARD. COUNCIl. COMMISSION, AUTHORITY. OR COMMITTEE
lSA ~e ftV1A wit tCMwt Vu iT f.h,c;. &
THE 80ARO. COUNCIL. COMMISSION. AUTIlORITY OR COMMITTEE ON
WIlIeU I SEll VE IS II UNIT OF:
~' 0 COUNTY 0 OTHER LOCAl. AOENey
NAME OF POLITICAL SUBDIVISION:
Q.lT1 DF CitiR&.aAreL
COUNrY
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CITY
C l.. eAQw(.}re(l.
DAT EON HIC;H VOTE OCClJRRED
., 18" 00
MY I'OSITION IS:
o ELECTIVE ~roINTI\'E
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WHO MUST FILE FORM 88
NJ G ();.; 20no
This form is for use by any person serving 3t the county, city. or other local level of govcr~ ".LifiU{;Q6RAarMiNlled board,'
council, commiss,ion, aut~ority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a vOling"conni'cl of inierest under Section 112.3i43~ Florida 'Sfa'tuies~ ..',' " ',;
'lhur responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether yotl hold an elective or appointive position. For this reason, please pay close attention to the instructions on this farm
before completing the reverse side and filing the form.
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fNSTRUCTIONS FOR COMPLIANCE WITH SECT'ON112.3143, FLORIDA STATUTES
;;;"} person tioiding elective or 'a~pointive' county. mOl1ic'ipal, ;or 'othe'r local public '~ffi~ M'UST ..x'li~T A1N riom voti~g on a measure
, '~H:which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a prindpal (other than a government agency) by whom he is retained (including the parent
organi~tion or subsidiary of a corporate principal by which he is retained); to the special private gain of a relalive; or to Ihe special
privale gain of a business associale. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and
officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibiled from voting in that capacity.
For purposes or Ihis law. a "relative" includes only the officer's father. mother. son, dauEhtcr. husband, wife, father-in-law. mother-in-
law, son-in-law. and daughter-in-law. 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 (where the shares of the
corpomti~n are not Iisled on any national or regional stock exchange),
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the connict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly Ihe nature: of your interest in the measure on
which you are abstaining from voting; and
WITH! N 15 DAYS AFTER TH E VOTE OCCU RS by completing and filing this form with the person responsible for
recording the minutes of the meeting, who should incorporale the form in the minutes.
APPOINTED OFFICERS:
Although you must abnain from yoting in the situat.ions described above, you otherwise may participate in these matters. "However.
you must disclose the nature of the conOict.before making any attempt to influence the decision, whether orally or in writing and
":~~t~'er ~~~~. by,yo~ .~r at YOUt 'directio~. , .:'
IF yOU INTEND TO MAKE ANY ATfEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
. You must complete and file this (orm (before making any il:llempl to innuence the decision) with the person responsible {or
, recording the minutes of the meeting, who will incorporate the form in the minutes.
'-: A copy of the form must be provided immediately to the other members of the agency.
. The (orm must be read publiclyal che nexl meeting after Ihe form is filed.
CE FORM 88.10.91
PAGE I
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, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DEd~ION EXCEPT BY DISCUSSION AT TH'E MEETING: .
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· You must disclose: orally Ihe nature of your connicl in the measure before participating,
\-' ~y qu m~sl,~ofnpfcJe th.e. farlit and'Jile 'h, ~;~~in~ 1 ~ days\arler the VOle occurs with tpt person responsible for recprding the m(nulc:s of
lfte meeting. who mUSI incorporate lhe form in' the' minutes. A copy ot the' foim nhis'l 'be provided' immediately 'to th~er
members of the agency, and the form must be rend publicly al the next meeting after the form is fiI.ed. '. "~
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
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, hereby discloSe that on
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'(a) A measure came or will conic before my agency which (check one)
_ inured to my special private gain;
. ~ inured to the ~pecial gain of my business associate,
_ inured ,to the speci:ll S3in of ~y relative, _. ...
_ inured to the special gain of' ~J\'U:) .Jt)c...tG1 (J~ ~ TOI16
whom I am retained; or
_ inured to the special gain of
is the parent organiUltion or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317 (1991). A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW';
, I
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUcrIO~.....{~
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
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PAGE 2
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FORM 88 'MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS,
lA.'il .......ME- tlltSl !\AME-MIOOLE NAME
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N~ME OF BOARD. COUNCIL. COMMISSION, AUTlWRlTY. OR COMMltrEE
C,o,....... ~~ I rI lJ,-vez.opMb'Nt', tbo,(O '
TilE BOAR 0', COUNCIl. COMMISSION. ....UTUORITY OR COMMlliEE O~
.....H~H I SERVE IS II UNIT OF:
wl"CITY 0 COUNTY 0 OTHER LOCAl. AGENCV
COUNlY
NAME OF POLITICAL SUBDIVISION:
?t7Y 0
N~tLJ(r5
MY POSITION IS:
c:;t.~IQ/2.w A~
DATE OS \\ HICIl VOTE OCCURRED
7-1J!, ...00
APPOINTIVE,
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WHO MUST FILE FORM 8S
This form is for use by any person serving at the county, riry, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bouies who are presented
with a voting connict of interest under Section 112.3143, Florida Statutes,
Your responsibilities under the law when faced with a measure in which,you have a conflict of interest will vary greatly depending
on wherher you hold an elective or appointive position. For this reason, please pay close attention 10 the instructions on this form
before completing the reverse side and filing the form,
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[INSTRUCTIONS FOR COMPLIANCE'WITH ~ECTION 11~3143. FLORIDA STATUTE!;"'" ,
, .\ I"'rson holding ef."iv. or appoinlive county, municipal, or o/h.r local public olli.. MUST ABSTAIN from vo.ing on a m..,ure
t, Jhich inures to his special private gain. Each elected or appointed local officcr also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain or a relative; or to lhe special
private gain or a bUsin~ss associate. Commissjoner.~ of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and
officers of independent special tax districts elected on a one-acre, onc.vole basis are not prohibited from voting in that capacity.
For purposes of this law. a "relative" includes only the officer's father, mOlher, son, daughter. husband. wife, father-in-law. mother-in-
law. son-in-law. and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the orlicer as a partner. joint venturer. cOOWner or properly. or corporate shareholder (where Ihe shares of the
corporation are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in Ihe situations described abm'e. you must disclose the conOict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating 10 the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible (or
recording the minutes of the meeting. who should incorporate the form in the minules.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above. you otherwise may participate in l~es;c mall~rs, However.
)'Ou must disclose' the nalure of lhe connict before making any attempt to influence the decision, whether orally or in writing and
whether made by you or at your direction.
IF yOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECJSION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BETAKEN:
. You must complete and file this form (before making an)' allempt to inOuence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes,
""-.,, A COP)' of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the nexl meeling after the form is filed.
CE FORM liD. 10.91
P^GE I
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(a) I:'- measure came or will come before my agency which (check one)
.J{.inured 10 my special private gain;
_ inured to the special gain of my business associate,
--:- inured to the special gain of niy relnll\'C:,
_ inured"to the special gain of
whom I am retained; or
. ~ inured to the special gain of
is the parent organization or subsidiary of a principal which has retained me.
'(b) The measure before my agency a~d the nature of my conflicting interest in the measure is as follows:
/7t! M ~"pt; :e. A~
17-10M~' ~ €. < tf-
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IF YOU MAKE NO AlTEMPTTO INFLUENCE THE DEcisION EXCEPT BY DISCUSSION ATTHE MEETINO:
. '
. You must ~isc~ose orally the nature of your conniet inlhe measure before participating. ,
I ~\Voil'~musl' coo;prel~ th'e fonb ~nd'iilc it within '!-S (fays after the vote ~curs with tJle person l'Cflponsible for re'iord\lJg the minutes of
the meeting, who must incorporate the form in the minutes. A copy of the fonn must be provided immediately to ~h~er
members of. the agency, and the form must be read pub!icly al the next meeting arter the form i~ liIed: ." " z. '\?'9
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· DISCLOSU'RE OF LOCAL OFFICER'S 'INTEREST
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112,317 (1991). A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MOR~~~~~~O'~:uJ~
IMPEACHMENT, R-EMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEM~~~FVlei:l
SALAR Y. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED S5,OOO.
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CE FORM 88.10,91
P^GE 2
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
U,!lT NAME- "IRSl NAME-MIDDLE NAME NAME 0.' PO^"R'il.1ti'li'N'l:iT.C'U~iMl~"IWj, A\h 1I(i'M'ITY~()" (,'O~t/.11 rij[
't.,Cp~~ Aax CoM.MWN'7't,E5L1~!:O'~
':".""'~AILlNO ADDRESS TlfE DOARO, COli NCIl., COMMI!l\lON. AU I HUHIIY otaH.tMIl'1U 011
.' a... /'" WHICIlI SEIlVF. IS ^ UNIT 01',
l:/ 00 PI2..eW 7 I rY"CITY' 0 COUNTY (J OJlttH 1.0<'AI. Anl:NC:Y
, ?U:J4 aWA 1l-ff2-
DJ\TE ON \\ IIl("H VOTE O<1;'URRED
1-"/-e; -CO
..........to........._..........._.....-............._,. .....__.....__...__..
CITY
(OUNlY
NAME OF POU neAL 5UIIO/VISION,
t/17/' err C.t~J/!.U)A~
MY POSITION IS:
o ELECtlYE
^,'roINTlVI!
'.'
WHO MUST FILE FORM 8B
This form is for use by any person serving 31the county, city, or other local level of f,O\'crnment on an appoInted or elected board,
council, commission, authority, or commillee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting connict of inlerest under Section 112.3143, Florida Statutes,
Your responsibilities under the law when faced with a measure in which you have a conniet of interest will var>' greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attemion to the instructions on this form
before completing the reverse side and fjling the form.
.
" ~,
, INSTRUCTIONS FOR COMPLIANCE WITH SECTIOt:l112.3143, FLORI~A STATUTES
~ .' 1- ~ .'~' I ' .
{,~:~ person holding elective or appointive county. municipal, or other local public oflice M UST ABSTAIN (rom voting on a measure
"'~~'hich inures to his special private gain. Each elected or appointed I~l officer also is prohibited from knowingly vOling on a measure
\....hich inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organization or subsidiary ora corporate principal by which he is retained); to the special private gain of a relativc; or to the special
private gain of a bu!.iness associate, Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F,S., nnd
officers of independent specialt3x districts elected on a onc-acre, one-vote basis are not prohibited from voting in thai capacity.
For purposes of this law, a "relativc" includes only the officer's father. mother. son, daughter, husband. wife. (ntner-in-Iaw, mother-in-
law, son-in-Jaw. and daughter-in-law. 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 shares of Ihe
corporalion arc not liSted on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the connie!:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nalure of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFfER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although Y,ou must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
you must disclose the nature of the eonnict before making any allempt to influence the decision, whether orally or in writing and
whelher made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATIEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minules of lhe meeting, who wjJJ incorporate the form in the minutes.
.~' A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
CE FORM liB. 10.91
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. Vou must disclose orally rhe nature of your connict in the mdlsun: before panlclpnllng.
.. ti:, YOJjmust complete rhe for".1lnd file it within IS days after the vote occurs .....ilh 'lIe ~rson responsible ror' recording the minutes of
" rhe', meeringl who must incorporate the form in the minutes. A. copy of the fom) must be provided Immediately to the~'-'hcr
members of the agency, and rhe (orm must he read publicly al the next meeting lifter the form 15 filed. "
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. 'OISClOSURE OF LOCAL OFFICER'S INTEREST
"Pi-/~;J,O . hereby disclose thai on -J "" ,-'I'
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(a) A measure came or will come before my agency which (check one)
.$... inured to my, special private gain;
, --.:... inured 10 the special gain of my business associate, '
~ inured to the '.:;pecial gain of my rdarive,
_ inured to the special gair. ,of
who'm I am retained; or
-.;..... inured to the special gain of
is the parent organization or subsidiary of a principal which has retained me.
(b) TIll.': measure before my agency and rhe nature of my conflicting inte~st in the measure is as follows:
,by
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Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1991). A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOL1.0W" "'1:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOVMENT. DE~~e\:i
SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5,000. nt:.vl::,1 V
CE FORM 811.10.91
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J\rd, " 1 , i\L;
I'^Q[; 1
CITY CLERK OEPARTMENl
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FORM 88, MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS'
NAME OF BO"RO. COUNCIl, COMMISSION, AUTHOR.ITY. OR COMMlnEE
LOI?-t )) ~VL<(~ IS
THE BOARD, COUNCIl, MMISSION, AU HORITY OR COMMllTEE O~
WHICH I SER VE IS " UNIT OF:
};v'Cirv' ,0 COl.:NTY 0 OTHER LOCAl. AGENC'Y
N"ME OF POLITICAL SUBDIVISION: f
c..."-/ J tel C::c" v,../c" *'r
MY POSITION IS:
lAST NAME~ HM!\T "'AME-MIODLF. NAME
FL.
S3/~
DATE ON .....IlICH VOTE OCCURRED
()o
o ELECTIVE
PI'OlNTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
cOllndl, commis'iion, :llIthority, or committee. It ;1pplies equally to members of ndviwry and non-advisory bodi!:s who are presented
with a voting conniet of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conniet of interest will vary greatly depending
on whelher you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form
before compteting the reverse side, and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
, ';\ person holding elective or appointive county. municipal, or other loc.al public office M UST ABSTAIN from voting on a measure
", "'which inures to ~is special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure:
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative: or to the special
private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357. F.S.. and
officers of independent specinllax dislricts elected on a one-acre, one.vote basis are not prohibited from voting in that capacity.
For purposes of this law. a "relative" includes only the: officer's father, mother. son, daughter. husband, wife, father-in-law, mother-in-
law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the onicer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the
corporation are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above. you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating 10 the assembly the: nalure of your interest in the me.1sure on
which you are abstaining from voting; and
WITHJN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with Ihe person responsible for,
recording the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
you must disclose the nature of Ihe conniet before making any attempt to innuence the decision, whether orally or in writing and
whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY AITEMPT TO INFLUENCE THE DECJSION PRIOR TO THE MEETING AT WHlCI-J
THE VOTE WLL BE TAKEN:
~ You must complete and file this form (before making any attempt to innuence the decision) with the person responsible for
, ) record ing the minutes of the meeting. who will incorporate the form in the minules.
'-,
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeling after the form is filed.
CE FORM gO .10-91
PAGE I
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I~,Y~U MAKE NO ATTEMPT. TO INFLUENCE THE DEcisION EXCEPT BY DISCUSSION AT THE MEETING:
· You must diselose'orally the nature of your connict in the measure before particlp~ting.
, .
· You mus,t complete the f?rm nnd file it within I ~ days af!cr the vote occurs with tpe person responsi~le for recording the minutes of
Ihe meeting, who must Incorporate the form In the mmutes. A copy of the form must be prOVided immediately to thrner
nlembers of the agency. and the form must be, read publicly al the nex.t meeting afler Ihe form is filed,. \ :.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
.. I.. ~c,. j .~ ~ r ,Tv . . herebyd~closc thai on 7- / J' -.t) ()
: (a) A measure came ~r wiIJ come before my agency which (check one)
, --:- inured to my speciai private gain;
, .
~ inured to the, special gain of my business associate,
, '..:..-. inured to the special gain of my relative.
~inured to the special gain of f3dJk"/,~tV 1!7,. If~
whom I am retained; or
, _ inured to the special gain of
is the parent organimtion or subsidiary of a principal which has retained me.
(b) The measure belore my agency and the nature of my conflicting interest in the measure is as follows:
~ ..
--- .~.
~ by
, which
/Z.-~. ~ ~ feveJ0 L-J 'h- S~ ~ ~ ~~~
JlJ) ~~ 1..J--:t~L.~~ ~d-i-t .41<'-
M-~t- ~. ftr'-t; ~
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DeFiled /
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES g/l2.317 (1991), A FAILURE TO MAKE ANY REQUlRf:D
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF TH E FOLLOW, ,J
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUcrIOr\'i1l
SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 80. J()'91
!'AGE 2