08/15/2000 (2)
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COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
August 15, 2000
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Present:
. Gerald Figurski
Edward Mazur, Jr.
David Gildersleeve
Shirley Moran
Carlen A. Petersen
Alex Pliska
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
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Absent:
William Johnson
Board Member .
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A/so Present: Les/ie Dougall-Sides
Cynthia Hardin
Lisa Fierce'
Patricia o. Sullivan
'Assistant City Attorney
Assistant Planning Director
Development Review Manager
Board Reporter
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The Chair called the meeting to order at 1 :00 p.m. at City Hall, followed by
the Invocation a.nd Pledge of Allegiance.
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To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
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ITEM A .. REQUESTS FOR CONTINUANCE/RECONSIDERATION - None.
ITEM B - CONTINUED ITEMS - None.
ITEM C - lEVEL 2 APPLlCA TJONS
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Item #C1 - 320 Palm Island SE: Charles Bentler - Owner/Aoplicant. Request
approval of Flexible Development of a Residentlallnfill Project to reduce rear
C setback from 25 feet to 1 7 feet to expand the single-family residence by 771
square~feet. lot 20, Unit 6A, Island Estates of Clearwater. Fl 00-06-24
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The O. 19-acre site, on the north side of Palm Island BE, is approximately 200
feet east of Island Way. Most Island Estates subdivision lots have water frontage.
The lot fronts a waterway that connects to the Intracoastal. The 2,636 square-foot
, house is approximately 17 feet from the rear property line. A deck extends into the
water and encroaches on the rear setback. The ranch-style house is 15 feet tall.
Entrance to the garage is from the side
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The project includes several small additions totaling 771 square-feet: 11 on
west side - 50 square-foot bathro.om; 2) on northwest side - 56 square-foot
bathroom with 25-foot high observation tower; and 3) 665 square-foot second-story
bedroom with deck. The additions will not extend farther into the rear setback than.
currently exists. The style of all windows will be architecturally compatible.
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. The applicant requests reducing the rear setback by 8 feet' to 1 7 feet. The
Code requires waterfront properties within the Low. Medium Density Residential
(LMDR) District to maintain a 25-100t setback except wt1Bre properties on both
sides have a 20~foot setback, a 20~foot rear setback is allowed. The requirement is
intended to preserve water views. The houses next door appear to have similar rear
setbacks. A hedge extends almost the entire length of both side property IinBs to
the seawall. Landscaping and amenities on adjacent sites, such as pools, decks,
and patios, already minimize water views. The addition is consistent with the
neighborhood's character.
The ORe (Development Review Committee) reviewed the application and
supporting materials on July 6, 2000. Staff recommends approval.
In response to a question, Planning Manager Lisa Fierce said the 17.78-foot
setback request is shown on the plans. The request was advertised as a reduction
from 19 feet to 17 feet.
Member Petersen moved for the CDS to approve the Flexible Development of
a Residential Infill Project to reduce rear setback from 25 feet to 17 feet to expand
the single-family residence by 771 square-feet for 320 Palm I$/and SE. The motion
was duly seconded and carried unanimously.
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Item #C2 . 1485 Gulf to Bav Boulevard: Fraternal Order of Eaales Greater
Clearwater AERIE #3452 - Owner/Apolicant, Request Flexible Development approval
to reduce the front setback from 25 feet to 15 feet along San Juan Street to
construct a 623 square-foot addition. Parcel Number: 14-29.15-10476-010-0030.
fL 00-06-21
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The 190~member Fraternal Order of Eagles meets at this lodge twice monthly
in the evening. Average attendance is 16. The Eagle's lodge, at this site since
1986, has outgrown its facility and proposes to construct a 623 square~foot
addition for use as a conference room, office space, and ADA compliant restrooms.
The number of members will not increase with this application.
The 0.53-acre site is irregularly-shaped, fronts Gulf to Bay Boulevard and
San Juan Street. and features a 2,440-square foot, one-story structure with a flat
roof. Each road frontage has one curb cut. Approximately two-thirds of the site is
zoned Commercial District; the remaining portion is zoned Medium Density
Residential District. The building has a main entrance on its northeast corner plus 3
secondary entrances. The buitding is set back 1.8 feet from San Juan Street and 0
feet from Gulf to Bay Boulevard. The expansion, to the building's southwest
corner, will have a 15-foot setback. The site is not landscaped and the parking
surface is crushed shell and gravel. The 1 5 square-foot freestanding sign at the
northwest corner is 15 feet tall. Attached signs face Gulf-te-Bay Boulevard and
include one 20 square-foot logo sign and one 16 square-foet IIFraternal Order of
Eagles" sign.
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The proposed redevelopment meets ,all City requirements but the non.profit
organization cannot fund the entire project immediately. However, site
improvements, as part of a phased implementation plan, will meet Code
requirements. Staff supports a phased approach in recognition of the organjzatian's
limited resources, and the eventual Code compliance within a short time.
As .the building has a O-foot setback along Gulf-ta-Bay Boulevard, staff feels
attached signage is appropriate. The master landscape' plan meets the intent of the
Code and features a.tiered effect along Gulf to Bay Boulevard and continuous
perimeter landscaping. An irrigation system needs to be installed. The ORe
(Development Review Committee) reviewed the application and supporting materials
on July 6, 2000. .
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Staff recommends approval of the Flexible Development request for 1485
Gulf to Bay Boulevard, subject to conditions that the site be redeveloped in phases:
11 Phase One - complete prior to issuance of Certificate of Occupancy for building
addition: a) landscape northeast property line along Gulf to Bay Boulevard & portion
of northwest property line; b) install roof-high trellises, planted with evergreen
flowering vines on building facades along Gulf~to-Bay Boulevard and San Juan
Street; c) pave two handicap-parking spaces, a small driving aisle, and drive apro'n
on Gulf to Bay Boulevard; and dl bring attached signage into compliance with Code;
21 Phase Two - complete by February 15, 2001, within 18 months of Flexible
Development approval: allandscape remainder of property, to include perimeter
along south and west property lines and balance of northwest property lina~ 3}
Phase Three - complete by August 15, 2003, within three years of Flexible
Development approval: a) pave parking lot, including 13 parking spaces, b) remove
all excess pavement within Florida Department of Transportation right.of-way on
Gulf to Bay Boulevard; and c) provide an on-site, stormwater retention system, and
4} install irrigation system during Phase One, or incrementally with each phase of
landscape enhancement.
In response to a question, Planner Mark Parry said the addition and all
parking will be constructed on the Commercial portion of the lot. Only the retention
pond and landscaping will be on the Residential portion. An entrance off San Juan
Street will be removed. He agreed the proposed schedule is feasible. In response
to a recommendation, he said the setback on the north property line will meet code.
Art Shand, representative, said the applicant would accept the recommended
conditions. He supported the change to the setback line.
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Member Gildersleeve moved for the COB to approve the Flexible
Development application to reduce the front setback along San Juan Street from 25
feet to 15 feet, for 1485 Gulf to Bay Boulevard, subject to conditions that the site
be redeveloped in phases: 1} Phase One - complete prior to issuance of Certificate
of Occupancy for building addition: a} landscape northeast property ,line along Gulf
to Bay Boulevard & portion of northwest property line; b) install roof~high trellises,
planted with evergreen flowering vines on building facades along Gulf-ta-Bay
Boulevard and San Juan Street; c) pave two handicap-parking spaces, a small
mcd0800
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driving aisle, and drive apron on Gulf to Bay Boulevard; and d) bring attached
slgnage into compliance with Code; 2) Phase Two - complete by February 15,
2001, within 18 months of Flexible Development approval: n) land'scape remainder
of property, to Include perimeter along south and west property lines and balance of
northwest property line; 3) Phase Three - complete by August 15, 2003, within
'three years of Flexible Development approval: al pave parking lot, including 13
parking spaces, b) remove all excess pavement within Florida Department of
Transportation right-of-way on Gulf to Bay Boulevard; and c) provide an on-site,
stormwater retention system, and 4) install irrigation system during Phase One, or
Incrementally. with each phase of landscape enhancement. The motion was duly
seconded and carried unanimously.
Item #C3 - 401 Belcher Road, 2200 & 2218 Gulf to Bav Boulevard: Metro Group
Construction. LLC - Owner/ACDUcant, Request Flexible Development approval of a
,Comprehensive Infill Redevelopment Project to permit a vehicle service
establishment within the Commercial District, with a preliminary plat,
. Comprehensive Sign Program, and Comprehensive Landscape Program to construct
a 7,240 square-foot vehicle service establishment, Allied Tire, and a 10,880 square-
foot retail sales establishment, CVS/Pharmacy. Parcel Numbers: 1 8.29-16-00000.
230'-1200, 18-29-16-00000-230-1300, an.d 18-29-16-00000-230-1100.
FL 00.06-23 and PL T 00-06-04
The rectangular 3.28-ocre site is on the northeast corner of the Belcher Road
and Gulf to Bay Boulevard intersection. The site's northern half, part of the Twin
Palms Trailer Park, has 29 mobile homes. Most are vacant. It is not known where
remaining residents will relocate. Florida law requires a determination that adequate
mobile home park space or other suitable facilities exist before a mobile home park
can be redeveloped. The applicant indicates the tenants and one owner have been
notified of the redevelopment plan.
Allied Tire's 7,505 square-foot building is on the site's southern half. Mr.
Submarine, a 2,000 square-foot restaurant, is east of Allied Tire and fronts Gulf to
Bay Boulevard. The site is nonconforming due to its setbacks and use in a
Commercial District by providing vehicle service and mobile homes.
The project will subdivide the site into 2 lots, raze the structures, and
redevelop the entire site. Lot One, 1.29 acres, fronts Belcher Road only. Lot Two,
1.99 acres, is on the corner of Gulf to Bay Boulevard and Belcher Road. Two curb
cuts will provide access to the lots. A joint access on Belcher Road will serve both
lots. Access on Gulf~to-Bay Boulevard will provide right-in/right-out access to Lot
Two. The plan reduces the number of access points from seven to two.
A 7,240 square foot Allied Tire store will be constructed on Lot One. As it
is not permitted within the Commercial District, the applicant requests approval of a
vehicle servIce use as part of a Comprehensive Infll! Redevelopment Project. The
one-story building's flat roof will have a pitched, concrete tile roof at the entrance.
The building will be 1 6 feet high at the flat roof and approximately 23 feet high at
the peak. Architectural 'features include decorative columns, flat arches, a
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watercourse, and a roof line cornice. Four service bays will be on both the north
and south elevations. The CVS/Pha'rmacy building will block views of the overhead
doors from Gulf to Bay Boulovard traffic. The structure will feature earth tone
colors, highlighted by a royal blue and yellow band around the top. The overhead
doors must have opaque finishes.
CVS/Pharmacy, to be constructed on lot Two, will feature similar
architecture and materials. That building will be approximately 21' feet high at the
flat .roof and 31 feet high at the peak. A two-lane drive-through canopy will be on
the east side.
The proposal includes a Comprehensive Landscape Program request to
reduce interior landscaping from 10% of the vehicular use area to 5%. The
proposed design and Quality of materials exceed Code requirements and will feature
extensive plantings along the f?treets, both highly visible corridors.
Proposed signage includes attached and freestanding signs for both sites.
Allied Tire's attached sign and ground monument sign will face Selcher Road.
CVS/Pharmacy's 2 attached signs will face south and west and each of the two
entrances will feature a freestanding monument sign. Signs will be architecturally
compatible and feature materials and colors similar to the structures. The DRe
reviewed this application and supporting materials on July 6, 2000, and
recommended approval.
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Staff recommends approval of the Flexible Development application as a
Comprehensive Infill Redevelopment Project to permit a vehicle service
establishment within the Commercial District with a Comprehensive Sign program,
Preliminary Plat and Comprehensive Landscape program for the site at 401 Belcher
Road and 2200 and 2218 Gulf to Bay Boulevard, subject to conditions: 1) require
applicant to submit written documentation addressing relocation of mobile home
residents in accordance with Florida law, to satisfaction of staff, prior to issuance
of development order; 2) limit signage to request in Comprehensive Sign Program
application, with no additional signage, light pole flags, banners, etc.; 31 design
overhead doors to Allied Tire service bays with an opaque finish; and 4) revise note
on site plan to prohibit outdoor repair and service.
Mr. Parry reported a small revision in the request related to the freestanding
signs to include a small sign listing CVS on the Allied Tire freestanding sign and a
small. sign listing Allied Tire on the two CVS freestanding signs, one on Gulf-to.Say
Boulevard and one on Belcher Road. The change is permitted under the City's
Comprehensive Sign Program. Regarding the approximately 25 occupied mobile
homes on the northern portion of the site, staff has located 38 current vacancies in
the immediate area. In response to a question, Assistant Planning Director Cyndi .
Hardin indicated services relate to oil changes, for example, while repairs could
include major engine overhauls. Both will be prohibited outdoors.
Don Mastry, representative, stated the applicant is willing to comply with the
\,>",U.j 4 recommended conditions.
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Concern was expressed staff' not be held' responsible for the applicant's
compliance with State law related to the redevelopment of mobile home parks. Ms.
Hardin rec::omme'nded requiring the applicant to confirm notice of redevelo'pment' had
. been provided to the mobile home residents as required by State law. Assistant '
City Attorney Leslie Dougall-Sides. said the City has made similar requirements
previously. The State has the authority to accept/reject the project. Construction
is scheduled to begin in January. Residents have been notified of the
redevelopment. Only one occupant owns his mobile home. The remaining
residents are tenants.
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Mr. Gravley said the applicant is working with SWFWMO (Southwest Florida
Water Manage~ent District) regarding retention requirements. If SWFWMD agrees
the retention pond can be omitted. interior landscaping can be Increased. In
response to a question, Ms. Fierce said any minor site plan change will need to
meet SWFWMD requirements and City drainage requirements. It was suggested
outdoor tire storage be, prohibited.
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, Member Petersen moved for the COB to approve the Flexible Development
application as a Comprehensive Infill Redevelopment Project to permit a vehicle
service establishment within the Commercial District with a Comprehensive Sign .
program, Preliminary Plat and Comprehensive Landscape program for the site at
401 Belcher Road and 2200 and 2218 Gulf to Bay Boulevard, subject to conditions: .
1) require applicant to submit written documentation addressing relocation of mobile
home residents in accordance with Florida law, to satisfaction of staff, prior to
issuance of development order; 2t limit sign age to 'request in Comprehensive Sign
Program application. with no additional signage, light pole flags. banners, etc.; 3)
design overhead doors to Allied Tire service bays with an opaque finish; 4) revise
note on site plan to prohibit outdoor repair and service; 5) prohibit outdoor tire
storage; and 6} modify language to require site to meet City stormwater
requirements. The motion was duly seconded and carried unanimously.
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Concern was expressed the City's drainage requirements exceed those of
SWFWMD. A final copy of the drainage plans was requestt~d.
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ITEM 0 ~ LEVEL 3 APPLICATIONS
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Item #01 - 18167 US 19N: St. Joe COmpany/City of Clearwater - Owner/Applicant.
Request annexation of 8.63 acres into the City in accordance with provisions of
approved Agreement To Annex and approval of a Land Use Plan of Commercial
General Classification and rezoning to Commercial District.
'. Parcel Number: 29-29~16-00000-220-0200. ANX 00-06-11
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On December 19. 1985, the previous owner of this a.63-acre property on
the east side of US 19 N t south of Belleair Road, entered into an AT A (Agreement to
Annex) to annex the subject property into Clearwater to receive City sewer and
. water services. At that tim'e, the property was outside the Cityts municipal
I '~ boundaries and did not meet adJ'acency requirements for voluntary annexation. The
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,agreement's terms and provIsions were binding upon the previous owners, their
. sliccessors, assigns, or any subsequent owner of the property and roquired that
when It was possible for the City to annex the property, the ATA would constitute
an annexation application. The property now is contiguous to City boundaries to
tho north and east. Tho City is required to give the property owner 60 days written
notice of its intent to annex the property. The City mailed ,8 letter of notice to the
current property owner on April 19, 2000. The notice expired on June 22, 2000.
The AT A also requires the property's owner to pay the City a one-time
payment of $87,913.60 when the property is annexed officially. The fee
represents the property's fair share of its impact on open space. The funds are
earmarked to maintain an acceptable level of open space to promote health, safety
and welfare benefits. The property's current owner is St. Joe Company. Full
payment is due on September 1, 2000 prior to adoption of associated ordinances
on October 5, 2000.
Staff recommends approval of the annexation of property at 18167 US 1 eN,
the Commercial General plan category pursuant to the CityJs Comprehensive Plan,
and the Commercial (C) zoning district pursua~t to the Community Development
Code.
Member Petersen moved for the COB to recommend approval of the
annexation of 8.63 acres at 18167 US 19N into the City in accordance with
,provisions of the approved Agreement To Annex and approval of a Land Use Plan of
(~{~) Commercial General Classification and rezoning to Commercial District. The motion
was duly seconded and carried unanimously.
Item #02 - 7 S. McMullen. Booth Road: KB Investments Group/Kraia Burz/aft -
Owner/Applicant. Request annexation of 0.84 acre into the City to receive City
water and sewer service and approval of 8 Land Use Plan of Residential Urban
Classification and rezoning to LMDR flow Medium Density Residential District).
Parcel Number: 16-29-16-00000-210-0900. ANX 00-06-12
The owner of this 0.84-acre property on the east side of McMullen-Booth
Road has requested annexation to receive City water and sewer services. The
property will have a land use plan designation of Residential Urban and is proposed
to be zoned Low Medium Density Residential (lMDR). The applicant intends to raze
the single-family home upon annexation and redevelop the site with six new single-
family homes. The proposed number of units will be consistent with the density ,
allowed for this plan category
Staff recommends approval of the annexation of property at 7 S. McMullen-
Booth Road, the Residential Urban plan category pursuant to the City's
Comprehensive Plan, and the Low Medium Density ResidentialllMDR} zoning
district pursuant to the Community Development Code.
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Member Petersen moved f,or the COB to recommend approval of the
annexation ,of the O.84-acre site .at. 7 S. McMullen-Booth Road into the City to
receive City water and s'ewer service and approval of a Land Use Plan of Residential
Urban Classification and rezoning to LMDR (Low'Medium Density Residential)
District. The motion was duly seconded and carried unanimously.
Itero #03 .. Text Amendment Request Amendments to Community Development Code
regarding residential inflll projects, parking in residential areas and signage. ;. T A 00-07-
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On July 18, 2000, for discussion, staff presented the COB with several issues
, not addressed in Ordinance #6573-00, including ~esldential infill projects, corner lot
'fences, temporary yard signs for nonresidential property, and prohibiting use of the
comprehensive sign program for certain monument signs. The board supported all of
the proposed amendments except for the corner lot fence proposal. On July 20, 2000,
the City Commission postponed action on prohibiting parking on the front yards of
residential properties..
Ordinance #6595-00, as proposed, addresses: 1) residential infill; 2) parking on
landscaped areas; 3) temporary yard signs; and 4) the comprehensive sign program.
Residential Infill Projects
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Staff proposes to amend the flexible development use tables in the Low Density
Residential, Medium Low Density Residential, Medium Density Residential, Medium High
Density Residential, and High Density Residential Zoning Districts to more clearly
identify the flexible standards permitted for residential infill projects. Currently, review
criteria for residential In fill projects permit flexibility in development standards by
permitting a reduction in setback and parking requirements beyond those listed in tho
use charts. Staff proposes to add a footnote to the flexible development use chart for
each residential district, indicating development standards for residential Infill projects
are guidelines and may be varied based on the flexibility criteria.
Parking on landscaped Areas
On July 20, 2000, new language was introduced for City Commission
consideration to permit parking on the grass only in a designated space adjacent to a
driveway. If the designated space is not maintained as a grass area and a neighbor
complains~ the property owner would be required to fill in the aren with a suitable '
parking material.
Temporary Yard Signs,
Staff proposes to expand Code Section 3-1805IN). Sign content is not
regulated and can be used for any type of speech. Staff proposes to expand this
provision to non-residential properties. The change would permit temporary yard signs,'
not exceeding 32 square. feet, on parcels of land used for non-residential purposes.
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COlJ1prehenslve Sign Program,
At the 6-month Code update, two new provisions were added to ,expand the
use of monument signs. Currently, any permitted sign may be eligible'for the
Comprehensive Sign Program. Staff never contemplated these new monument sign
provisions could be subject to the Comprehensive Sign Program. Staff proposes
amending Code Section 3-1807(8) to exclude monument signs from the '
Comprehensive Sign Program.
Ms. Hardin said these four items represent the final Code amendments for
the year. The City Commission had requested input regarding the maximum time
temporary yard signs and political signs can be displayed, ,
Senior Planner Gina Clayton revi~wed the recommended changes.
Regarding restrictions on parking on landscaped areas, Ms. Clayton, said the
City Commission is considering the change in recognition of residences with one-car
garages and single-lane driveways. Concern was expressed the proposed language
could allow residents to change their front yards into parking lots. She said
residents must comply with minimum impervious surface ratios, per Code.
Discussio':1 ensued regarding a limit on the number of vehicles parked on
landscaped areas. It was recommended a provision allow special circumstance for
{I('~~ parties. ,It was suggested language specify the subject landscaped area must adjoin
~<l~ the on-site driveway. Concern was expressed vehicles not drive over City curbs to
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park on the landscape. It was recommended language require access to landscaped
parking be via a driveway. Ms. Dougall-Sides recommended enforcement related to
landscape maintenance not be limited to neighbor complaint but also allow the City
to bring forth complaints. It was recommended the maximum number of vehicles
on the landscaped area be limited to one.
Regarding temporary yard signs, Ms. Clayton said the City Commission had
recommended limiting the display ot political signs from 60 days prior to an election to
7 days after an election. ,The size of signs is limited to 6 square-teet in residential
districts and 32 square-feet in commercial districts. Only one sign per frontage may be
displayed. In response to a question, she said commercial properties already have the
ability to express political speech on window signs. It was noted signs for political
candidates who win the primary can remain displayed until the main election.
Member Gildersleeve moved for the CD!=! to recommend approval of the
proposed changes to the Community Development Code included in Ordinance #6595-
00, as proposed: 11 residential infill; 2) parking an landscaped areas with conditions: a)
limIt number of vehicles parked on landscape to one; b) require access to landscaped
space be via a driveway and not via the right-at-way or curb; c) landscaped space be
adjacent to on-site driveway; and d) enforcement to be determined by City or
neighborhood complaint; 3) temporary yard signs; and 4) the comprehensive sign
program. The motion was duly seconded and carried unanimously.
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'ITEM E,- APPROVAL OF MINUTES
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Member Petersen moved to approve the minutes at the regular meeting of
July ~ 8, 2000, as recorded and submitted in written summation to each board
,member. The motion was dulV seconded and carried unani~ously.
ITEM F - DIRECTOR'S ITEMS
Las Brlsas
Assistant Planning Director Cyndi Hardin said consideration of the land use
plaD amendment for the las Brisas project on Sand Key, is scheduled for September
21, 2000." The agenda item will summarize the b,oard~ s rea'sons tor denial.
New Staff Member .
Planner Lochen Wood was introduced to the board.
Holiday Luncheon/Meeting
Consensus was to reschedule the December meeting trom December 19.
2000. to December 12, 2000, at 2:00 p.m., following a board luncheon. luncheon
location to be determined.
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InfoAge Appeal
In response to a questio'n~ Ms. Dougall-Sides said staff expects shortly the
Administrative law Judge's decision regarding the appeal of the COB's decision
related to the proposed construction of a new communications tower. When
received~ the, decision will be distributed to board members.
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ITEM G - ADJOURNMENT
The meeting adjourned at 2:13 p.m.
Chair
Community Development Boar
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