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, Chair - departed 4:02 p.m.
Vice Chair/Acting Chair at 4: 11 p.m.,
Board Member
Board Member
Board Member
Board Member
Board Member
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COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
. December 12, 2000
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Present:
Gerald Figurski
Edward Mazur, Jr.
David Gildersleeve
William Johnson
Shirley Moran
Carlen A. Petersen
, Alex Pliska
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Also Present: Leslie Dougall-Sides
Ralph Stone
Cynthia Hardin
Lisa L. Fierce
Patricia O. Sullivan
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Assistant City Attorney
Planning Director
Assistant Planning Director
Development Review Manager
Board Reporter
The board and staff gathered for a holiday luncheon at 11 :30 a.m, at the
Harborview Center. The Chair called the meeting to order at'1 :00 p,m. at City Hall,
, followed by the Invocation and 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 #B1 - 2217 South Laaoon Circle: .John A. Shaw & Cathie A. Shaw -
Owner/Applicant. Request annexation of 0.14 acre lot with Land Use Plan
Amendment to RLt Residential Low Classification and Rezoning to LMDR, Low
Medium Density Residential District at Lot 162, Clearwater Manor. ANX 00-08-22
ITEM B - CONTINUED ITEMS
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Senior Planner Etim Udoh reviewed the request. The property owners have
requested annexation to receive City sewer service. The property will have a land
use plan designation of Residential Low and is proposed to be zoned Low Medium
Density ResidentiaIILMDR). The site features a single-family residence. This
annexation will eliminate an enclave.
Member Johnson moved for the CDB ICommunity Development Board) to
recommend approval of the annexation of a 0.14 acre lot with Land Use PI~n
Amendment to RL, Residential Low Classification and Rezoning to LMDR, Low
Medium Density Residential District at Lot 162, Clearwater Manor. The motion was
duly seconded and carried unanimously.
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Item #82 - (Cont'd from 11/21/00) - 3006 Gulf-to-Bav Boulevard: Thanh Phuoc &
Kimtruc Thi Navuen/ Michael S. Caruso - Owner/Applicant. Request Flexible
Development of a nightclub in the Commercial District, with a reduction in required
number of parking spaces from 20 spaces to 18 spaces, as a Comprehensive Infill
Redevelopment Project with Comprehensive Landscape Program at Bay View City
Sub, Blk a, Lots 8, 9, 10 & 1/2 of vac alley on N less Rd. right-ot-way on S.
FL 00-08-3~
Several significant trees are on the property lines. The applicant removed
one tree as suggested by the ORe. Portions of the parking lot have pavers. The
remainder of the parking lot has partially filled potholes and needs to be repaved
and restriped. The proposal includes repaving and landscaping all property lines.
The applicants propose no changes to the structure. The lot has one access via a
curb cut on Gulf-to-Bay Boulevard. The nightclub will have a staff of 15, although
no more than four would be onsite at any time. The nightclub would be open
Monday through Saturday, from 12:00 noon to 2:00 a.m. The applicant indicated
the'business probably would be closed on Sundays, although limited hours between
5:00 p.m. to 12:00 midnight might occur.
Planner Mark Parry reviewed the request. This case was continued on
November 21, 2000. at the applicant's request, because all board mernbers were
not present. The 0.283-acre site, with 126 feet of frontage on Gulf-to-Bay
Boulevard, has 'a one-story, 2,132 square-foot masonry block building with a flat
roof, and no windows, trim, or architectural renef on its exterior. The site, vacant
for approximately two years, previously featured an adult use establishment.
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The applicant originally submitted a Flexible Standard development
application on February 8, 2000 (FLS 00-02-04). No decision was rendered. At
that time, the applicant requested to change the use from adult use to nightclub in
the Commercial District. After the February 24, 2000 ORC (Development Review
Committee) meeting, it was determined that parking and parking space dimensions
shown on the site plan were insufficient. The revised site plan includes 18 legally
, sized spaces and landscaping within the available space. Staff determined the
application should be converted to a Flexible Development request as only the COB,
not staff, could approve the parking reduction requested.
This applicant requests approval of a nightclub use within the Commercial
District, a reduction in parking from 20 to 1 8 spaces as part of a Comprehensive
Infill Redevelopment Project, a reduction of the landscape buffer width along the
east, west, and north property lines from five feet to 1.5 feet at its narrowest, and
elimination of interior landscaping, as part of a Comprehensive Landscape Program.
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Other permitted uses within the Commercial District require less parking.
The lot and development pattern prevent compliance with parking and landscaping
requirements for a nightclub use, which is too intense for the site and structure.
The applicant has not shown that other sites in the City are not available for this
use. The proposed use will create a parking demand that exceeds site cap'abilities.
The City will not benefit from the proposed redevelopment. Only 14 spaces will be
Mcd 1 200
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available for patron,s. It is unclear where additiomll patrons will park. The parking
layout likely will create congestion as patrons, who do not find a parking space,
. must exit onto Gulf-to~Bay Boulevard, a high volume roadway.
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The ORC also reviewed the application and supporting materials on March 24'
'and September 7, 2000. The proposed development provides less landscaping than
required by Code and will not enhance the local area or the City as a whole. Staff
recommends denial.
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. Assistant City Attorney Leslie Dougall-Sides reported since their request for a
continuance in November, the applicants have filed an injunction with the court
claiming the ,proposed use is legitimate.
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Oavid Browder, Jr., representative, said when the applicants originally filed
their request in February 2000, staff informed them they must follow current Code
even though the property had been licensed for the same use since 1990. He said
the date when the former use stopped is at issue. Concern was expressed the fire
marshal had not determined the building's capacity. It was suggested police reports
on the previous use would be helpful. ,Assistant Planning Director Cyndi Hardin
stated the previous use was an adult use, which is different from the nightclub use
requested. Mr. Browder said he had proof that the previous use, Baby Dolls, had
vacated the building in October 1999.
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Member Gildersleeve moved to accept items submitted by Mr. Browder: 1)
(."I~:) copies of, repair bills for asphalt repairs; 2) copy of application for occupational
license dated February 4, 2000, and 3) copy of August 25, 1999 letter from
Assistant City Attorney Robert Surette to representative Luke Charles lirot. The
letter requests submission of occupational license applications for October 1, 1 999
to September 30, 2000 permits for Tattletales and Babydolls, as the businesses do
not fit the definition of "adult uses" under the zoning ordinance revised in January
1999. The motion was duly seconded and carried unanimously.
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Mr. Browder said the property had a nightclub use until October 9, 1999.
The applicants submitted a copy of an application for occupational license dated
February 4, 2000. The tree's removal was based on staff recommendation. While
the applicant has contracted and completed renovation of the parking lot, he said
Clamdiggers, next door, has no paved parking. He said the applicant is working on
obtaining permission from the abutting Wilder property for access and additional
parking.
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Concern was expressed nightclub uses have significant parking needs. In
response to a question, Mr. Browder said the use would not require as many
parking spaces as Code requires because the 'neighborhood type nightclub will
generate less vehicular traffic than normal. Mike Caruso, applicant, said staff had
indicated a fire marshal inspection was not necessary. He said the business will
have 14 chairs and 5 bar stools. He expected some patrons would walk to the
business from nearby offices and the nearby hotel under construction. He had no
documentation proving these expectations.
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. In response to a question; Mr. Caruso sold tho applicants ore Is In discussion
with the manager of the Wilder Building rcgar,dlng parking on that property. ' He
stated the applicants are in tho process of obtaining Insurance to cover patron
parking on the' office building property to moet the property owner's concerns. It
was recommended board approval be delayed until negotiations related to increasing
patron parking are finalized.
, Mary Carotenuto reported Maurice Wilder, owner of the Wilder Building
property, had requested she address the board. She stated no negotiations are
,underway related to nightclub patron parking on the Wilder property. She stated
property management opposes the proposed use out of concern for tenant security,
noting patrons of the previous busIness often had strewn trash and glass on the
Wilder property.
In response to a question, Mr. Browder said staff had not made any
recommendations related to upgrading the appearance of the subject property,
stating the use will improve a vacant property. He suggested the applicants may be
able to.reach agreement with a nearby property owner to provide the additional
pinking necessary to meet Code. It was stated patrons could no't cross Gulf-to~Bay
Boulevard to reach parking spaces. It was felt the applicant should have the ability
, to try to locate additional parking.
;.:%\ Planning Director Ralph Stone said staff had recommended to the property
~;.f~' owners options for the prope~y, such as office or retail, which conform with code.
It was noted adequate landscaping would require a reduction in the number of
onsite parking spaces.
Member Gildersleeve moved to continue Item #82 to January 23, 2001.
The motion was duly seconded and carried unanimously.
Development Review Manager Lisa Fierce recommended continuing the item
to February' to provide the applicants adequate time to submit an amended site plan.
It was noted issues related to grandfathering a previous use need to be reviewed.
Consensus was to continue Item #B2 to February 20, 2001.
Item #83 ~ (Cont'd from 11/21/00) ~ 7 Rocl<awav Street: ChElralamoos & Sevasti
Alexiou (Kirk Construction) - Owner/Aoolicant. Request Flexible Development to
reduce the front setback from 10ft to 0 ft, reduce the rear setback from 10ft to 0
ft and reduce the required number of parking spaces from 71 spaces to 13 parking
spaces, reduce required number of handicap spaces from 6 to 1, as part at a
Comprehensive Infill Redevelopment Project at Miller's Replat, Lots 2, 3 & vacated
Beach Dr. on West. FL 00-07~29
Member Mazur reported he had a conflict of interest and left the dais.
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Mr. Parry reviewed the roquDst. 'This case was continued from the
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November 21, 2000 COB (Community Development Board) meeting after a lengthy
discussion. The COB voted 3:2 to approve the application. As 4 votes are needed
to take action, the Item was contlnuod. Minor changes to the staff report reflect
the design change for the south olevatlon. The proposal also Includes the requisite
handicap parking space.
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. The O.38~acre sito, fronting the Gulf of Mexico and Rockaway Street,
features a 6,723 square.foot, restaurant and 21 0 squarc~foot storage building,
which is 3.7 feet from tho south rear property line and 2.5 feot from the east side
property line. The restaurant sits on the rear property line and is 1.7 feet from the
front property line. The parking lot, on the eBst property line, has 13 parking
spaces.
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The site is in a desIrable commercial neighborhood. The restaurant's
entrance, a covered, wood deck with ramp on the north side of the building,
encroaches 5.3 feet into the public right-ot-way. A partially covered wood deck is
attached to the building, approximately 20 feet from the west property line.
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The second-floor addition and replaced storage room will occupy the current
foundation. The project also will renovate and improve the restaurant's interior and
exterior. An eight-foot extension of a stucco parapet wall on the south side of the
building, as measured from tho finished floor of the new second story, has been
added to buffer impacts to the abutting Clearwater Beach Hotel to the south. The
existing sign will be removed during construction but IDter reattached. The
applicants have not proposed additional signage.
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. To improve customer service, the business owners wish to expand the
restaurant by adding a 3,487 square-foot, second story with approximately 1,200
square-feet of open deck and 2,300 square.feet of enclosed space. Both sections
will accommodate bar patrons and diners; the enclosed portion will include bar
, seating. The addition will accommodate 92 diners and 32 bar patrons and increase
C~:;} the building's size to 10,210 square-feet and the total number of scats to 372. The
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applicants also propose to remove and replace the storage room.
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The appliea nts request reducing tho required front and rear setbacks from 10
feet to zero feet and the number of required parking spaces from 71 to 13 spaces.
The restaurant currently is required to have 47 parking spaces. The proposed
addition will require an additional 24 spaces. The on-site parking lot will be
restripped to include the required handicap space, as requlrod by Code.
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Before the parking analysis was done, staff concurred with its methodology.
Florida Design Consultants has submitted a parking analysis, which includes a
survey of 100 Frenchy's customers, and a parking accumulation study performed
on a Friday and Saturday between 11 :00 a.m. and 10:00 p.m. of Frenchy's parking
lot, Municipal Lots 1136 and 38, on-street parking along Bay Esplanade, on
Mandalay 'Avenue between Baymont Street and Bay Esplanodo and along Rockaway
Street.
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~ The study indicated 309 parking spaces are within 1,000 feet of the
restaurant and that at least 45 parking spaces are available within the study area at
any given time, including peak times. The study also indicates that the majority of
restaurant ,patrons use the City-owned, metered parking immediately to the north.
This parking lot serves beach visitors and patrons of other area businesses. Of the
100 customers surveyed, 49 stated their primary destination was the beach and
that eating at Frenchy's was a secondary purpose. This data indicate dual reasons
for restaurant patrons to visit the area and that the use of shared parking Is valid for
this business.
The DRC reviewed the application and supporting materials on August 10,
2000.' Staff recommends approval. Ms. Fierce stated the site only requires one
handicap parking space. The applicants restriped the lot to meet that requirement.
Harry Cline, representative for the Hunter family, owners of the Clearwater
Beach Hotel, said upon further review of the plan, he opposed the proposed
expansion. In response to a question from Mr. 'Cline related to the City's land use
plan, Mr. Parry stated the western portion of the subject property is designated
recreation open space.
Mr. Gildersleeve moved to accept Mr. Cline's copy of the City's land use
plan into the record. The motion was duly seconded and carried unanimously.
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Mr. Stone said the PPC (Pinellas Planning Council), not staff, interprets fine
lines related to open space.
In reference to minimum parking space requirement for this expansion
project, Mr. Cline said staff had based that figure on the scale minimum for parking
requirements for this type of beach business. He said the scale maximum would
have more than doubled the number of parking spaces required. Mr. Parry stated
staff had based the parking requirement on the restaurant's pedestrian orionted
location. In response to questions from Mr. Cline, Mr. Parry said the applicants plan
improvements to the building's architecture and exterior and wish to expand to
better serve the community and tourists. He knew of no greater parking variance
request since he began his employment with the City.
Robert Pergolizzi, representative for the applicant, said staff had approved
the methodology used to conduct the study of parking within 1,000 feet of the
restaurant, which was done on August 25 - 26, 2000, between 11 :00 a.m. and
10:00 p.m. He said traffic in August is well above the annual average, but below
the peak in late March. In response to questions from Mr. Cline, Mr. Pergolizzi said
the football game in Tampa and 45-minute thunderstorm Saturday evening during
the study did not affect the availability of parking.
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Roy Chapman, representative for the applicant, said he Is a professional
engineer and that the parking study is complete and accurate. He recommended
ap'proval. Mr. Cline objected to Mr. Chapman's conclusions.
Mod 1200
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1 2/1 2/00
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demonstrated nearby parking is adequate for the expanded use.' He said the
applicant intends to honor conditions agreed to previously.
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Ken Hamilton, owner of the nearby Palm Pavilion restaurant, opposed the
request. In response to que~tions, he said his observations on the beach parking
. situation since 1967 have been as a lay person, he had no hard evidence to refute
the parking study, and he never had performed a scientific parking study.
Discussion ensued regarding the weight of lay testimony. Larry Edger, representing
the nearby Coot~rs restaurant, also opposed the request. '
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Mr. Cline said when he previously had agreed to the expansion and related
'conditions, he had not yet seen drawings of the proposed expansion and was
unaware of the vast scalE;! of the project. He said the expansion is huge and would
intrude on the Clearwater Beach Hotel with light, noise, and unpleasant visuals. He
said the application is defective as no proof of ownership for the vacated roadway
had been presented. He questioned the validity of the parking study and requested
the board deny this request.
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indicates the roadway is zoned "T." Reference to the vacation ordinance indicates
the entire width of the roadway was vacated.
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Mr. Stone said the applicant is aware of the parking shortage on the beach.
Discussion ensued regarding proposed parking garage projects. Staff has determined
adequate shared parking is available within 1,000 feet of the restaurant. Mr. Stone
said the study seems to indicate additional spaces will be available even if the
expansion occurs.
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Mr. Armstrong stated the applicant had provided substantial competent
evidence that enough parking is available to handle the proposed expansion. He
said three expert opinions recommended approval: 1) Mr. Pergolizzi; 21 Mr.
Chapman; and 3) staff.
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Member Gildersleeve moved for the COB to approve the request for flexible
development of a Comprehensive Infill Redevelopment Project to reduce the front
setback from 10 feet to 0 feet, reduce the rear setback from 10 feet to 0 feet and
reduce the required' number of parking spaces from 71 spaces to 13 parking spaces
at Sec' 32-28-16, part of M&B 43.06. The motion was duly seconded. Members
Gildersleeve, Petersen and Chair Figurski voted "Aye"; Members Johnson, Moran,
and Pliska voted "Nay." Member Mazur abstained.
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Ms. Dougall-Sides stated the board's rules do not address tied votes. She
recommel,ded the COB follow Roberts Rules and construe a tie as a denial.
Consensus was to follow Roberts Rule and construe the tie as a denial.
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. ITEM C' - lEVEL 3 APPI.ICA TIONS
Item Ie, - Park Place Development of Reglonollmo8ct (DRn amendment: Park
Place Land, Ud..' c/o Clinton International Group, Inc.lTim ~Iohnson - Owner/
Aoolicant. Propose change to approved DRI: 1) reduce approved oftice and retail
space; 2) provide land use conversion factor for multi-family and/or hotel uses for
Parcel 6 of DRI; and 3) extend ORI buildout date by three years to December 31,
2003 at a portion of Section 17, Township 29 South, Range 16 East.
Member Mazur remained off the dais. He earlier announced he had a conflict
of interest.
Ms'. Hardin reviewed the request. On September 1, 1983, the City
Commission adopted the DRI (Development of Regional Impact) order for Park
Place, located generally between Gulf-to-Bay Boulevard and Drew Street and
between Hampton Road and the US 19N Frontage Road. On October 20, 1983,
the City Commission adopted an amendment to the DRI to incorporateTBRPC.
(Tampa Bay Regional Planning Council) recommendations.
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. On December 19, 1991, the City Commission adopted an amendment to the
DRI to: 1) provide 200,000 square feet for Industrial use; 2) reduce Office use by
300,000 square feet; 3) provide a FAR (Floor Area Ratiol for Industrial use; 4)
.:2~ amend conditions based on phasing; 5) amend developer's payment schedule; and
l!~ 5) extend build~out date by five years.
On January 19, 1995, the City Commission adopted an amendment to the
DRt to: 1) modify phasing; 2) decrease office development by 7,480 square feet; 3)
extend build-out date by four years; 41 add conversion factor for Office use to
Multifamily Residential; 5) add conversion factor for Industrial use to Office or
Multifamily Residential; and 61 modify conditio~s to reflect transportation network
changes.
On November 21, 1996, the City Commission adopted an amendment to the
DR! to: 1) add a land use conversion factor to Parcel 4 for office and/or hotel
development and 2) reflect change in ownership.
Now, the property owner requests another amendment to the DRI. Except
for the subject parcel, the Park Place ORI is built~out. The developers have fulfilled
the development order as amended. This request: 1) adds development options for
Parcel 6 to include residential and hotel units; 2) extends the build-out date to
December 31, 2003; and 3) reduces the approved DRI square footage to reflect
existing and proposed uses. Current approved land use: 1) Retail/Commercial -
150,000 square-feet; 2) Office - 635,680 square-feet; 31 Light Industrial - '200,000
square-feet; and 4) Multifamily - 390 dwelling units. The current plan for Parcel 6
is 100,000 sQuare.feet of office.
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Mcd1200
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12/12/00
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A The applicant has resolved all traffic-related concerns put forward by TBRPC.
' 'fr:'~? Staff recommends approval. In response to a question, Ms. Hardin stated staff
relied on TBRPC's 'approval related to trafffc issues.
Tim Johnson, representative, stated the DCA (Department of Community
Affairs~ had expressed no interest in this BrJ:1endment and had offered no comment.
Member Johnson moved for the CDB to recommend approval of an
amendment to the ORI: 1) reduce approved office and retail space; 2) provide land
use conversion factor for multi-family and/or hotel uses for Parcel 6 of ORI; and 3)
extend DRI buildout date by three years to December 31, 2003 at a portion of
Section 17, Township 29 South, Range 16 East. The motion was duly seconded.
Members Gildersleeve, Johnson, Moran, Petersen, and Plisko and Chair Figurski
voted "Aye," Member Mazur abstained. Motion carried.
ITEM 0 - LEVEL TWO APPLICATIONS
hem #01 - 3042 Gciqor Court: Warren A. & Beth S. Wilson. III - Owner/Aoplicant,
, Request flexible development approval to reduce the side west setback from 1 5 feet
to 6 feet and reduce rear setback from 25 feet to 10 feet, as part of a, Residential
Infill Project at Landmark Palms, Lot 11 and part of Lot 12. Fl OO~10-36
Mr. Mazur returned to the dais.
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Planner Ryall Givens reviewed the request. The irregular, pie-shaped, 0.42-
acre site, is w.ithin landmark Palms, a well-maintained subdivision. The entire
length of the north rear property line features an eight~foot masonry wall. The
site's 4,090 square-foot, one-story, brick house has a steep shingled-roof and is
nonconforming with respect to required side setbacks. Where 1 5-feet is required,
the east side setback is 9.8 feet and the west side setback is 14.8 feet. . Where 25
feet is required, the rear setback is zero feet to the wood deck and 10.3 feet to the
pool/enclosure.
The site previously was zoned RSA, Single-Family Residential 4 District,
which required 1 Q-foot side and rear setbacks. When the City adopted the new
Code in 1999, this subdivision was rezoned LDR, creating numerous side setback
nonconformities. The new zoning is intended to retain a low-density character of
larger lot sizes and increased building separations.
The applicants request to reduce the west side setback to six feet to
construct a 935 square-foot, two-story addition. The finish on the addition will
match the existing house. The addition will be as close as six feet and as far as,
23.2 feet from the west property line. H the parcel had a more regular shape, the
setback encroachment would not occur. The lot's mature oak trees and masonry
wall will help buffer visual impacts to adjacent properties.
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The applicants also request to reduce the rear setback from 25 feet to 1 0
feet to replace an atwgrade patio. Staff feels this request' should not impact
adjacent properties or neighborhood character, but will Improve the lot's value.
The DRC reviewed the application and supporting materials on November 2,
. 2000. . Staff rec'ommends approval.
Member Gildersleeve moved for the. COB to approve flexible development to
reduce the side west setback from 15 feet to 6 feet and reduce rear setback from
25 feet to 10 feet, as part of a Residential Infill Project at Landmark Palms, Lot 11
and part of Lot 1 2. The motion wns duly seconded and carried unanimously.
Item #02 - 3164 San Pedro Street: Lawrence E. & B. Jane 800ne - Ownerl
Aoolicant. Request flexible development approval to reduce side west setback from
1 5 feet to 8.4 feet as part of a Residential lnfill Project at Del Oro Estates, Lot 17.
FL 00-1 Ow38
Mr. Givens reviewed the request. This O.25-acre lot, approximately 175 feet
east of Madera Avenue, is in'the Del Oro Graves neighborhood, a well-maintained
subdivision with large lots. The site's 2,400 square-foot one-story house.
encroaches on both side setbacks. Where 1 5 feet is required, the east setback is
7.9 feet and the west setback is 8.4 feet. All other setbacks comply with Low
Density Residential District Code requirements.
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The site previously was zoned RS-4, Slngle.family Residential 4 Oistrict,
which required 1 O-foot SIde and rear setbacks. When the City adopted the new
Code in 1999, this subdivision was rezoned LOR, creating numerous side setback
nonconformities. The new zoning is intended to retain a low-density character of
larger lot sizes and increased building separatIons.
The applicants request to reduce the west side setback to 8.4 feet to
construct a 304 square-foot storage room addition to the rear of the home,
accessible from the garage. For aesthetic purposes, the applicants prefer not to
construct an accessory structure, such as a shed, in the rear yard. The proposed
addition will appear to be part of the residence. Its exterior will match the house.
As proposed, the addition will not extend farther into the side setback than the
house does and will not be visible from the street.
The DRC reviewed the application and supporting materials on November 2,
. 2000. Staff recommends approval.
Member Petersen moved for the COB to approve flexible development to ,
reduce the side west setback from 15 feet to 8.4 feet as part of a Residential Infm
Project at Del Oro Estates, Lot 1 7. The motion was duly seconded and carried
unanimously.
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12/12/00
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Item #03 - 1931 Oak Rldae Ct: Joseoh C. Patty. Jr.. TRE - Owner/Applicant.
Request flexible development approval to reduce front south setback from 25 feet
to 20 feet, as part of a Resldentiallnfill Project at Oak Ridge Court Estates, Lot 1.
FL 00-10-39
Mr. Givens reviewed the request. The 0.53-acre site, on the northeast
'corner of Oak Ridge Court and Sunset Point Road, is in the heavily landscaped Oak
~jdge Estates subdivision, where all homes and lots are well maintained. The site's
4,526 square-foot two-story, Mediterranean-style house has a side-loading garage.
The extended driveway encroaches approximately 7 feet into the front setback
along Sunset Point Road. The home is in excellent condItion and the site is well
maintained, with a landscaping berm along the southern property line.
This request is to reduce the south frant setback from 25 feet to 20 feet.
The applicant wishes to expand the garage by 495 square-feet. On-site constraints,
such as the berm, create difficulties for vehicular access to the side-loading garage.
The owner wishes to move into ,the garage a large pick-up truck, now parked in the
driveway. The garage, too small to store two vehicles, is not in scale with the
'house. The expansion will match the home's design. The landscaping berm will '
buffer visual impacts on the neighborhood. The proposal will improve parking and
aesthetic appeal.
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,On November 2, 2000, the ORe reviewed the application and supporting
materials. Staff recommends approval of the request.
Member Petersen moved for the COB to approve flexible development to
reduce the front south setback from 25 feet to 20 feet, as part of a Residential Infill
Project at Oak Ridge Court Estates, Lot 1. The motion was duly seconded and
carried unanimously.
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Item #04 - 3261 San Pedro Street: John & Catherine M. Breen - Owner/Applicant.
Request flexible development approval to reduce the east side setback from 15 feet
to 13 feet and to reduce the south rear setback from 25 feet to 23 feet, as part of
a Residentiallnfill Project at DelOra Groves, Lots 329~331. FlOO-10-41
, Mr. Givens reviewed the request. The O.26-acre site, west of Maxima
Avenue, is in Del Oro Groves, where all homes are well maintained. The site is
heavily landscaped, with a large live oak tree in the east yard. The site's 1,750
square foot one-story house encroaches on both side setbacks. Where 1 5 feet is
required, the east setback is 13.5 feet and the west side setback,is 12.5 feet. All
other setbacks comply with Low Density Residential District Code requirements.
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The site previously was zoned RS-4, Single-Family Residential 4 Oistrict, and
required 1 a-foot side and rear setbacks. The new Code, adopted in 1999, rezoned
DelOra Groves to LDR and created numerous side setback nonconformities.
Current zoning is intended to retain a low-density character of larger lots and
increased building separations.
Mod 1 200
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12/12/00
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The applicants request to reduce the east side setback from 1 6 feet to 1 3
feet and reduce the rear setback from 25 feet to 23 feet to construct a 64 7 square~
foot master bedroom to the rear. The addition's exterior will match the house. The
pool and home's interior layout prevents locating the addition elsewhere. A second
story would be out of character with the neighborhood. As proposed, the addition
will not extend farther into the setback th~lIi the house presently does, and will not
be easily see,,"! from the street.
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The ORC reviewed the application and supporting materials on November 2,
2000. Staff recommends approval with one condition.
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Member Gildersleeve moved for the CDS to approve flexible development to
to. reduce the east side setback from 1 5 feet to 13 feet and to reduce the south
rear setback from 25 feet to 23 feet, as part of a Residential Infill Project at DelOra
Groves, Lots 329-331 with condition: addition to be constructed with lentil floor
design to protect and preserve oak tree. The motion was duly seconded and carried
unanimously. ,
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Item #05 - 106 S. Mvrtle Avenue: Warren L TO Business Records ManaQement, Inc.
- Owner/Applicant. Request flexible development approval of a temporary records
storage business in the Oowntown District not to exceed one year, as part of a
Comprehensive Infill Redevelopment Project at Tack and Warren, Lot 3.
Fl 00~10-4S '
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Mr. Givens reviewed the request. The 0.68 acre downtown site is on the
southeast corner of Myrtle Avenue and Park Street. Surrounding uses include a hair
salon, boat accessory store, the City Municipal Services Building, industrial
manufacturing facilities, retail, and vehicle repair. True Value Hardware previously
occupied the site. The 10,800 square-foot concrete block building has been vacant
for more than two years. The site, suburban in character, has a large 33-space
parking lot. The site's minimal landscaping, with small oaks and palmetto bushes,
does not meet Code. A full upgrade of all landscaping will be initiated when a
permanent business occupies the building. An abandoned pole sign recently was
removed. An attached sign and window signs remain on the building's north
elevation.
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While the neighborhood character includes a mix of uses, the intended
character is to be part of a traditional, vibrant downtown. City initiatod
redevelopment activities include the Town Pond and a large, 100-unit townhouse
development one~block east. The Downtown Redevelopment Plan designates this
site as commercial/office/ residential, which allows retail, service, office, and
residential uses. In the interim, the owner wishes to limit lease options to
temporary uses in anticipation of future investment.
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The applicant, SRM (Business Records Management), requests locating a
temporary records storage facility on the site for not more than one year, as part of
a Comprehensive Infill Redevelopment Project. The company has outgrown its
Y facility on Eldridge Street where it has operated for approximately 1 9 years. BRM
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remain at the Eldridge Street site. The firm needs time to locate and make
necessary Improvements to a more appropriate location.
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The applicant proposes to use 8,280 square feet of the building's first floor
to warehouse office documents. Based on the Fire Code, the Fire Inspector has
prohibited use of the upstairs. Additionally, a small customer service area for
document drop-off and retrieval will serve downtown clientele. ,One employee will
manage the site, which will be open on weekdays from 8:00 a.m. to 6:00 p.m.
Small courier vans will deliver documents to the site; semi-trucks will ;,ot be used.
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The property owner has been cited for an abandoned attached sign and
abandoned window signs. No exterior modifications are proposed. No materia'ls,
equipment, or vehicles will be stored outside at any time. Building access will be
limited to employees.
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The ORe reviewed the application and supporting materials on November 6,
2000. While the property does not meet Code landscaping requirements, the
proposal complies with the standards and criteria for Flexible Development approval
and with all applicable standards of the Code. Staff recommends approval with five
conditions.
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Concern was expressed regarding the property owner's responsibility for the
site's landscaping. Mr. Givens said while the owner must maintain the property,
. new landscaping requirements in the Code are not applicable until the site is
redeveloped. The freestanding sign was removed 'previously. Removal of the
'attached sign is a condition of approval. In response to a question, Mr. Givens said
this use differs from a traditional warehouse. Staff is considering an update to the
Code related to this issue. Ms. Hardin stated the Fire Marshal had expressed
concern related to the height and volume of the room and limited use to the first
floor. The applicants are searching for a long-term site. She said it is unusual to
consider a temporary use without an upgrade to the property. It is expected
redevelopment of the site, on the edge of downtown, will occur after efforts in the
downtown core.
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Don Seibert, representative, stated the applicant will meet all requirements.
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Member Petersen moved for the COB to approve flexible development of a
temporary records storage business in the Downtown District not to exceed one
year, as part of a Comprehensive lnfill Redevelopment Project at Tack and Warren,
Lot 3 with conditions: 1) records storage facility be appro'ved on a temporary basis
not to exceec! one year, to expire 12/12/01: 2) all abandoned signage be removed
prior to issuance of Certificate of Occupancy; 3) document storage use prohibited
from occupying upper floor; 4) all existing landscaping be maintained and pruned; 5)
site limited to one 1 2 square-foot temporary window sign; 6) entry to stairway to
upper floor be closed; 7) storage on constructed shelving be no more than 12 feet
in height; 8) emergency lights over doors be in working order to illuminate exit
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signs; 9) exit sign without emergency Ught function with battery back-up; 10) early
warning fire detection system be installed prior to business operation; 11) Fire
Department be granted access to allow inspections at any time as deemed
necessary; and 1 2) all exit doors to remain unlocked and unblocked during 'business
hours. Either key remain in exit door that lacks a thumb latch or thumb latch be
installed. The motion was duly seconded and carried unanimously.
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Item #06 - 1426 McMullen-Booth Road: La Canada Holdino Comoanv/.James Raoo
(Sunset Mercantile limited Partnership) - Owner/Aoolicant. Request flexible
development approval to permit a self-storage business in IRT District with a
reduction in required number of parking spaces from 174 spaces to 147 spaces, as
part of a Comprehensive Infill Redevelopment Project (amendment to approved site
plan - June 20, 2000 Community Development Board Meeting) at H.H. Baskin's
Replat, part of Tract 1. FL 00-10-40
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Mr. Parry reviewed the request. The 5.07-acre site, with 262 feet of
frontage on McMullen-Booth Road, is developed with a vacant, 35,200 square-foot
masonry wareho'use and aluminum showroom. A building permit is active and
renovation of the warehouse into a self-storage business is underway. The applicant
wishes to amend the June 20, 2000, CDS approval of a Comprehensive Infill
Redevelopment Project, Comprehensive Landscape Program, and Comprehensive
Sign Program. The board had approved the applicant's previous request to reduce
the north side setback from 1 5 feet to 5 feet and increase the height of perimeter
fencing from 6 feet to 10 feet with one condition, limiting attached signage to 48
square feet
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The applicant proposes amendments to the original site plan: 1) increase size
of buildings 83 and B4 by 6,675 square feet combined, increasing gross floor area
from 116,000 squareMfeet to 122,675 square-feet. Additional 53 storage units to
increase facility total from 983 units to 1,036 units and 2) reduce parking spaces
from 245 spaces to 147 spaces. Staff feels the ~ode' s minimum parking
requirement for this business is in error and will work to correct the Code.
According to the ITE (Institute of Transportation Engineers). a selfMstorage
establishment of this size generates approximately 50 trips per day on Saturday, the
peak day. The applicant proposes 147 spaces, approxim ately 300 % of the ITE
recommendation.
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All other aspects and conditions of the original approved site plan remain
unchanged. All new buildings will be one story. The two.story warehouse will be
expanded with a one-story addition in accordance with the original site plan. The
applicant has worked closely with staff on the landscape plan, which exceeds the
Code's intent. On November 2, 2000, the DRC reviewed the application and
supporting materials. Staff recommends approval with one condition.
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In response to a question, James Rapp, applicant, stated this request was
not included in the original application as related plans had not been prepared in
time.
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1 2/1 2/00
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On November 2, 2000, the DRC reviewed the application and supporting
materials. Staff recommends approval.
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Member Gildersleeve moved for the CDB to approve flexible development to
permit a self-storage business In IRT District with a reduction in required number of
parking spaces from 174 spaces to 147 space's, as part of a Comprehensive Inflll, ,
Redevelopment Project (amendment to June 20, 2000 COB approved site plan) at
H.H. Baskin's Replat, part of Tract 1 with condition: attached signage limited to 48
squar~ feet. The motion was duly seconded and carried unanimously.
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Item #D7 - 14 S. EverQreen Avenue: Dennis R. & Rebecca Dunn/John N. & Ann
Bovce (First Impressions} - Owner/Aoolicant. Request flexible development
approval of a light assembly establishment within the Commercial District with a
reduct!on in required parking from 6 spaces to 4 spaces, as a Comprehensive Inflll
Redevelopment Project with Comprehensive Landscape Program at Overbrook, Blk
3, Lots 19 & 20. FlOO-10-37
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Mr. Parry reviewed the request. The O.14-acre site, on the northwest corner
of Park Street and South Evergreen Avenue, features a 1,600 square foot, one-
story, 14-foot high, masonry block building, approximately 10 feet from the north
side property line and 2.5 feet from the west side property line. The site, vacant
for ,11 years, has deteriorated and needs painting, landscaping, parking lot
resurfacing, and striping.
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The applicant requests to establish a light assembly business in the
Commercial District and a reduction in the required number of parking spaces from
six to four. Planned improvements include painting the exterior, cleaning and
replacing windows as necessary, pru'ning trees, cleaning the site, resealing the
parking lot and driveway, and installation of landscaping in excess of the Code's
intent. Light assembly use within the Commercial District requires Level Two,
Flexible Development approval. The business will manufacture dental appliances
and will not generate noise, fumes or odors. The site's size limits the number of
legally sized parldng spaces to four. The request meets all other criteria for this use
under the Flexible Development application category.
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The owner-operated business has two employees and has operated at 1525
Betty Lane for more than three years. The applicant has reported no plans to
increase the number of employees. No more than two people will be on~site at any
time. The business will not conduct on-site retail activities and does not require
customer parking. Firm employees will handle all pick-ups and deliveries.
In response to a question, Mr. Parry said a change in use would require City
review,
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Todd Pressman, representative, stated the property, vacant for 11 years, has
deteriorated and needs significant work. He said nearby uses include a 24.hour car
wash and homeless shelter. He said the ITE recommends 0.79 parking spaces per
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employee for this use.. It was recommended a condition require staff 'review should
a change of use occur. .
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Item DD8 - 1825 Gulf-to-Bav Boulevard: Kurdi Real Estate Inc./Sevdo M. Kurdi
(Amscot Corporation) - Owner/Aoplicant. ,Request flexible development approval to
permit problematic use in Commercial District within a building which does not meet
all current land development regulations and is within 500 feet of another
problematic use, as part of a Comprehensive lnfill Redevelopment Project, with
Comprehensive Sign Program and Comprehensive Landscape Program at See 13-29-
15,M&B 32.04. Fl 00-10-47
Member Mazur moved for the COB to approve flexible development of a Ifght
assembly establishment within the Commercial District with a reduction in required
parking from 6 spaces to 4 spaces, as a C'omprehensive Infill Redevelopment
Project with Comprehensive Landscape Program at Overbrook, Blk 3, Lots 19 & 20
with condition: no change or use permitted which requires more than four parking
spaces. The motion was duly seconded and carried unanimously.
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Mr. Parry reviewed the request. The O.32-acre site, on the southeast corner
of Gulf-to-Bay Boulevard and Virginia lane, features a 2,516 square foot, one-story,
masonry block building that is approximately three feet from the north property line
along Gulf-to-Bay Boulevard and four feet from the west property line along Virginia
Avenue. The structure, vacant for one and one-half years, is 18 feet high, similar
to neighborhood houses to the south and commercial establishments along Gulf-to-
, Bay Boulevard. The property and building have deteriorated and need basic
maintenance such as painting; landscaping, and parking lot resurfacing and striping.
The Code considers chock-cashing establishments as problematic uses and
requires a level Two, Flexible Development approval within the Commercial District.
The application does not meet all criteria for problematic uses: 1) building is within
. 500 feet of another problematic use, a pawn shop and 2) building is
nonconforming: a) front setbacks on Virginia Lane and Gulf-to-Bay Boulevard too
narrow; b) parking lot is zero feet from south and east property lines; and c) site
does not comply with Code landscape requirements. The only available option for
the applicant is to request a Comprehensive Infill Redevelopment Project use.
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The proposal Includes establishing a problematic use within an abandoned
structure. Building improvements include painting the exterior, installing awnings
and new window treatments, and renovating the interior. The building will be ADA
(Americans with Disabilities Act) compliant. Planned improvements include
resurfacing and restriping the parking lot and landscaping in excess of the intent of
Code. The applicant will reduce the site's asphalt by eliminating 13 of 26 parking
spaces and converting that space into a landscape buffer and interior landscaping.
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The applicant also requests approval of a Comprehensive Sign Program
application. The site is entitled to one 13.14 square-foot attached sign on the Gulf-
to-Bay Boulevard elevation and one 10 square-foot attached sign on the Virginia
Lane elevation. The corner site also is entitled to two freestanding signs not to
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exceed a total of 13.14 square feet'. The Comprehensive Sign Program allows the
, permitted area of all signs to be doubled. The applicant requests a 26.28 square-
foot attached sign on the Gulf-to~Bay Boulevard elevation and a 20 square-foot
attached sign of on the Virginia Lane elevation. The proposed color and design
meet comprehensive sign program requirements. No sign associated with this
business w11l reference check~cashing services. The proposed signs will Integrate
with blue awnings on the west and north building elevations and read "Amscot
Currency Exchange." No freestanding signs are requested~
The applicant prepared and submitted an analysis of the types of services to
be offered: 1) 20% - foreign currency exchange; 2) 30% - money order sales; 3}
20% - income tax preparation; 4} 10% - electronic money transmittals; and 5) 20%
check-cashing. Hours of operation will be from 7:30 a.m. to 8:30 p.m., seven days
per week. Typically, a maximum of three employees will be on site at anyone
time. However, during tax season, up to 5 employees may be on site. Staff feels
proposed site improvements for the abandoned, deteriorating site support'
redevelopment and beautification goals for Gulf-to-Bay Boulevard and the City as a
whole.
, The DRC reviewed the application and supporting materials on November 2,
2000. Staff recommends approval with two conditions.
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It was stated the submitted survey has been reduced in size and is difficult
to read. Concern was expressed setback distances on the survey do not match the
request. Mr. Parry said the applicant will not expand the building nor increase the
FAR (floor area ratio). In response to a question, he said the jewelry exchange on
the north side of Gulf-to~Bay Boulevard, east of this site, has an occupational
license in the Pawn Broker category.
Todd Pressman, representative, reviewed the history of the site, noting the
failure of many restaurants. He said the applicant worked with staff and met every
staff recommendation. He said the appli.cant plans on expensive improvements
such as repaving the parking lot and improving the landscaping. He said the site
currently has no green space. He said after removal of parking spaces to add
landscaping, remaining parking spaces will be sufficient to meet Code. He said
proposed slgnage is less than allowed by Code. He said check-cashing is an
ancillary use.
Ian Mackechnie, applicant, said Amscot Currency Exchange, in business
since 1989, has 500 employees at 25 locations in Florida. Its corporate
headquarters are in Tampa. The business is advertised in the telephone directory as
an income tax preparation service. Mr. Pressman said the use will not cause
neighborhood deterioration nor urban blight but will improve the site. He said banks
and credit unions also allow check-cashing privileges. He said the firm charges a
1.7% service charge for check-cashing as required by State banking law. Concern
was expressed the business could not limit check-cashing services to 20 % of its.
business. Mr. Mackechnie felt Gulf-to-Bay Boulevard is a poor location for check-
~; cashing services. He anticipated most of the business will be tourist related,
Mcd1200
17
12/12/00
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providing foreign currency exchan'ge. He said he had based. his analysis of services
on the firm's other locations. In response to a question, he said he has an option to
purchase the building. Mr. Pressman submitted firm marketing pieces.
Member Gildersleeve moved for the CDS to approve flexible development to
to permit problematic use in Commercial District within a building which does not
meet all current land development regulations and is within 500 feet of another
problematic use, as part of a Comprehensive Infi1l Redevelopment Project, with
Comprehensive Sign Program and Comprehensive Landscape Program at See 13-29-
15, M&B 32.04 with conditions: 1) limit signage to two attached signs, with no
freestanding signs and 2) prohibit reference to problematic use, check cashing, 011
any signs visible from public right-of.way or adjacent properties. The motion was
duly seconded. Members Gildersleeve, Johnson, Petersen, and Pliska and Chair
Figurski voted "Aye"; Member Moran voted "Nay." Motion carried.
The meeting recessed from 4:02 to 4: 11 p.m.
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Item #09 - 880. 900 and 908 North Osceola Avenue: Jacinto Castellano & Elena
Betes/Jim Dan Inc. (Florida Marine & Resort Develooers. Inc,) - Owner/Applicant.
Request flexible development approval to increase height of attached dwellings from
. 35 feet to 100 feet, reduce north side setback from 10 feet to 3 feet, and permit a
non-residential parking lot within the MOR District, with a Comprehensive
Landscape Program at J.A. Gorra's Sub, Blk 2, 'Lots 1-3, Sue Barco Sub, Lots 1,
13.14& 22-23, and F.T. Blish's Sub, Lots 1-3 & 8~10 & triangle land to west.
FLOO-10.46
Chair Figurski reported he had a conflict of interest and left the meeting.
Mr. Givens reviewed the request. The 8.89~acre parcel, north of dOwl1town
Clearwater and abutting Clearwater Harbor, features approximately 4.5 acres of
submerged land and 4.37 acres of upland. 'ihe north property line, bound by
Nicholson Street, also extends approximately 170 feet north. North Osceola
Avenue bisects the property, dividing it into distinct parcels.
The property has an array of structures. A small wood-frame house and
garage with a rental unit front Osceola along the northeast property line. Boat
repair and storage bays occupy the north property line. The east end of the marina
features a continuous line of open and covered boat slips. SunCruz, which leases
the site for docking its charter boat, occupies a one-story, masonry building along
the southern property line. A 2,000 square-foot bait shop is near the southwest
corner of the property, adjacent ta the public boat ramp. A two-story masonry
building, leased as apartments, is between Osceola and I~orth Ft. Harrison Avenue.
The property is mostly covered with asphalt. Vegetation along Osceola ;s poorly
maintained. The City's Periphery Plan targets for redevelopment this site, which has
a poor overall appearance.
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Surrounding uses Include North Ward Elementary School; ~ingle-family and
small multi-family buildings, a funeral home', Clearwater Little Theater, and the
City's Seminole Street boat launching ramp.
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The applicants propose to transform the site into a mixed-use, Key West-
style village and marina to include a 140-unit condominium building, a restaurant, '
retail space, an office building, and 112 boat slips. Trie proposal will replace the
wood~frame house, garage, and boat repair facilities with an eIght-story
condominium building constructed over a 210-space parking garage. Each unit will
have balconies overlooking the harbor.
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Sun Cruz services will cease. The applicants will replace the SunCruz
bUilding with a 7,000 square-foot restaurant with decking that extends over the
. water into the private marina. The applicants will remodel and continue to operate
the retail shop. The restaurant and shop will feature the project's Key West
architecture and color scheme. The applicants propose to locate these two
buildings approximately two feet trom the south property line, adjacent to the public
,boat ramps. The Fire Code requires an emergency access aisle, at least 20-feet
wide, be adjacent to the restaurant, retail/office building and fuel facilities. As a
condition of approval, staff recommends the applicants address this issue before the
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issuance of building permits for the restaurant and/or retail/office building. Parking
for the restaurant must be on site and not impact the public boat ramp parking. As
a solution, a barrier should be constructed to prevent restaurant patrons from
parking at the City's boat ramp property.
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The proposal will renovate and retain 112 boat slips; 40 slips reserved for
condominium residents and 72 slips for lease to the public. The applicants will
convert the covered docks to open docks. The proposal will eliminate 92 "high and
dry" boat storage bays. Proposed changes will improve Fire Department
effectiveness. The project will convert the two-story, masonry building along Ft.
Harrison to a larger 4,500 square foot office.
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Of two vehicular access points off Osceola; the northernmost entrance will
be restricted to resident use. Property adjacent to Ft. Harrison is accessible from
Osceola and Ft. Harrison. The masonry building, with a minimal setback along Ft.
Harrison, creates site visibility constraints and traffic hazards. Staff recommends
Closing the curb cut on Ft. Harrison. A designated pedestrian pathway will permit
safe residential access to Osceola, separated from automobile access aisles. The
applicants will construct a 6-foot sidewalk along the west side of Osceola.
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The proposed site intensity is consistent with the 1993 Periphery Plan and
the proposed Periphery Plan 2000 update, which allows a 0.5 FAR and a density of
60 units per acre for properties larger than two acres. The a.S9-acre site's 4.37
acres of upland was used to calculate project intensity. The proposed project
meets density and intensity requirements and does not utilize all of the site's
development potential.
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The applicants request to increase the condominiurn building's height from
. , 351eet to 100 feet and to reduce the north side setback from 10 feet to 3 feet.
The request also includes a Comprehensive Landscape Program. Other elements of
the proposal do not require CDB approval.
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As p~rt of a Flexible Development application~ the Tourist District allows
height flexibility to a maximum of 100 feet. Height is measured from the mean
elevation of the existing grade to the highest finished roof surface for flat roofs or
midpoint of the peak/eave of the main pitched roof. The applicant requests a height
of 100 feet above the base flood elevation. The property's slope teatures a grade
differential of approximately 23 feet. Land adjacent to the water is approximately 6
feet above sea level while land adjacent to Ft. Harrison is 29 feet above sea level.
. As viewed from Ft. Harrison, observers will perceive the building as being 77 feet
high.
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The applicants request a reduction in the side setback from 10 feet to three
feet for a 30-foot emergency vehicle access aisle along the condominium building's
north side. ,Due to the building design, the parking layout, and the narrow lot size,
the emergency aisle could not be relocated and must encroach on the side setback.
Staff feels the increased building height, side setback reduction and comprehensive
landscape program are justified by the quality conceptual design, its consistency
with the Plan's objectives, and the unique lot shape.
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The DRC reviewed the application and supporting materials on November 6,
2000. Staff recommends approval with eight conditions.
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In response to a question, Mr. Stone said the proposed location for the
restaurant is not zoned Preservation. Land zoned Preservation has no development
potential. He said constructio~ on Preservation relies on the developmental
potential of the upland. Concern was expressed Seminole Streetboat launching
patrons be able to walk to the restaurant without difficulty. The bait house
operator currently manages use of the parking spaces and launch permits at the
Seminole Street boat launching facility. Patrons pay a fee to launch their boats.
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Don Harrill, representative, reviewed the project. He said the, applicant has
spent significant time discussing the development with neighbors of the site. The
December 7, 2000 letter from Old Clearwater Bay Neighborhood Association
President Jeffrey McKinney endorses the development. He said the applicant
discussed concerns with the Morgan family, the neighbor to the north. He said the
applicant is willing to add to staff's recommended conditions, conditions agreed to
by the Morgans and the applicant.
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Mr. Harill said the restaurant will be constructed after SunCruz operations
are curtailed. While their lease expires in August 2001, SunCruz may claim a right
to a 2-year extension. The applicant is reviewing this issue. Mr. Harill said the
building between Osceola and Ft. Harrison will be renovated into a 4,500 square-
foot professional office building. He agreed with to staff's recommendation to close
the property's curb cut on Ft. Harrison. In response to a question, he said little
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. pedestrian activity Is anticipated, He said the applicant is in discussion with the
City to manage the Seminole Street boat launching property as a joint use. He
stated while most boat ramp patrons use parking spaces during the day, many
restaurant patrons dine after dark.
Discussion ensued regarding the additional conditions proposed. Ms.
Dougall-Sides recommended the CDS not include a condition based on a private
agreement betweenthe Morgans and the applicant regarding landscaping. Ed
Armstrong; representative for the Morgans, stated he will work with'the applicant
regarding this issue and did not object to its deletion.
In response to a question, Mr. Stone said Marinas are a permitted use in a
Preservation district. He said many marinas in' Pinellas County feature restaurants,
which depend on the ,marinas' ambiance. The majority of the facility will be on
land. He would not recommend this use outside a marina setting. It was felt the
proposed project is extre!11ely creative and will resurrect a troubled piece of
property, positively impacting the neighborhood.
Member Gildersleeve moved for the COB to approve a flexible development
to increase the height of attached dwellings from 35 feet to 100 feet, reduce the
. north side setback from 1 0 feet to 3 feet, and permit a non-residential parking Jot
within the MDR District, with a Comprehensive Landscape Program at J.A. Gorra's
Sub, Blk 2,' Lots 1-3, Sue Barco Sub, Lots 1, 13-14 & 22-23, and F.T.Bfish1s Sub,
Lots 1 ~3 & 8-10 & triangle land to west with conditions; 1) submit building permit
fo~ either attached dwellings or restaurant within two years of site plan approval; 2)
replace chain link fence along south property line with decorative fence to include
masonry columns & metal grills; 3) install gate along south property line to prevent
restaurant patrons from parking on Seminole Boat Ramp property; 4} remove curb
cut along west side of Ft. Harrison Avenue and reflect change on revised site plan;
5) integrate/coordinate all signagc with building architecture & limit all freestanding
, signs to monument. style signs; 6) architecturally coordinate final design of all new'
buildings to be consistent with conceptual elevations as submitted; 7) provide
emergency access to south/west of proposed restaurant/retail buildings to
satisfaction of Fire Marshall. prior to issuance of building permits; 8) remove cover
for boat slips along marina's east end prior to obtaining any building permits for
attached dwellings; 9) orient balconies and views from northernmost bank of
condominium units toward northwest; 1 0) limit extension of condominium building
line adjacent to residential properties to the north farther east than what is generally
shown on submitted sketch; 11) do not locate air conditioners or mechanical
equipment along northern & eastern property lines of subject property with
preference to locate on roof; 12) forbid outdoor live music or outdoor: speakers at
proposed restaurant. The motion was duly seconded. Members Gildersleeve,
Johnson, Moran, Petersen, and Pliska and Acting Chair Mazur voted "Aye"; Chair
Figurski abstained. Motion carried.
Mcd 1200
21
12/12/00
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. Mr. Stano indicated a large number of items are scheduled for January,
including a rezoning request for the Connelly property, adjacent to Bayvlew, and a
pres~ntation on Beach by Design,. '
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Members thanked Member Moran for coordinating today's Holiday Luncheon.
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In January, members will elect a Chair and Vice-Chair.
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, Concern was expressed audience members in the rear of Chambers cannot
hear the discussion. It was recommended the' City Commission install better
speakers. City Clerk Cyndie Goudeau stated previous efforts to improve the room's
acoystics have not. been successful. Staff will review this problem.
,':,1.'.
In regard to surveys submitted with applications, concern was expressed
discrepancies exist between the survey submitted for Item #08 and the site plan
drawing. Ms. Fierce said staff w!1I review the handling of surveys. She noted
sealed versions are not forwarded' to board members. It was suggested 25 year-old
surveys may no longer by accurate. Mr. Stone said staff will review all items
submitted with applications and report suggestions to the board.
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Happy Holidays" l!
ITEM F - ADJOURNMENT
The meeting adjourned at 4:51 p.m.
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FORM 88 MEMORANDUM Of VOTING CONFLICT.FOR
,COUNTY, MUNICIPAL,' AND OTHER LOCAL PUBLIC OFFICERS
lA.STNAME- t-IR!tT HIIME-MIDDLE """ME
E'.,~ ,]i'
.k Ct
ern-
o eOl1WTV
o OTHER lOC....'. ....Cif.NC'Y
r....,ME OF l'OUTICIIl SUIIDIVISION:
~t~"""'~+C-r
MY POSITION IS:
C EI.ECTIVE
^"POINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving al lhe county, city. or other loeallevel o( government on an appointed or c1ecled board,
council, commission, aUlhority, or committee. It applies equally to members of advisory and non.advisory bodies who are presented
with a voting connict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under thc law when faced with a measure in which YOll have a connict of interest will vary greatly dcpending
on whether you hold an e1ectivc or appointive position. For this reason, please pay closc attenlion to the instructions on this form
before completing the reverse side and filing the form.
~ . ~~
\.,~ ,,'}
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county. municipal. or othcr local public office MUST ABSTAIN from voling on 3 measure
which inures to his special pri\'ate ,gain, Each elecled or appointcd local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (olhcr lhan a government agency) bi' whom he is retained (including the flarent
organization or subsidiary of a corporate principal by which he is reJaincd); to the special privatc gain of a relative: or to the special
private gain o( a busincss associate. Commissioners of community redcvelopment agencies under Scc. 163.356 or 163.357, F.S., and
officers. of independent special tax districts clectcd on a one-acre, one-vote basis are not prohibited from voting in that capacity.
For purposes of this law, a "relative" includes only thf: officer's father. mother. son, daughter, husband, wife, father-in-law. mOlher.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 oflicer as a partner. joint venturer, coowncr of property, or corporate shareholder (where the shares of the
corporation arf: not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in lhe situations described above. you must disclose the conniet:
PRIOR TO THE VOTE BEING TAKEN by publiely stating to the assembly the nature o( your inlcreSl in the measurc on
which you are abstaining from voting: and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with Ihe person responsible for
rccording lhe minutes of the meeting. who shOUld incorporate the (arm in the minutes.
APPOINTED OFFICERS:
Although you must abstain (rom voting in the situations described above. you olherwise may participate in these mailers. Howevcr,
)'Ou must disclose the nature of the conniel beroTe mn king a oy a lIempl 10 inOucnce the decision. whcther ora II)' or in writing and
whether made by you or at your direclion.
IF yOU INTEND TO MAKE At'Y ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
,
-, -". You must complete and file this form (be(ore making any attempt 10 innucnee the decision) with
recording the minutes of the meeting, who will incorporate the (arm in the minutcs.
. A copy of the (arm 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.
the person rcsponsible for
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CE FOHM SR. 10.91
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iF YOU MAKE NO AlTEMPTTO INFLUENCE THE DECISION EXCEPT BY DISCUSSION ATTHE MEETING:
.', Y04 must disclose orally the nature of your connict in the measure before participating. . ~,
· You must comrlete tile form and me it within f 5 days after the vole occurs with r"e person rcspnnsibJe (or recording the minute!> of
the meeting, who must incorporale Ihe form in the minutes. A copy of the form must be provided immcdilllely to the other
members of the a~ency. and the form must be read publicly at the next meet~ng after the (arm is filed.
, DISCLOSURE OF LOCAL OfFICER'S INTEREST
I, _I ,I,.,<<P'~ ",",," r:W- , hereby disclose ,hat on L a.jn./ D1J
(a) A meaSUre came or will come before my agency which (check one)
_ inured to my special privale gnin;
_ inured 10 the special gain of my business associate.
_ inured 10 the special gain of my rela~i)'C. --:t
-X.. inured 10 the special gain of ",~ '1,..,,4..... ~~ J. ."".1 (;.,.,.&.IP
whom J am retained; or
_ inured to the special gain of
is the parenl organi7;!tion Or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conOicting interest in the measure is as follows:
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Signature
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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 FOLLOWING:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN
SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED 55.000.
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
J;-
o COUNTY 0 otHER LOCAl. AGENCY
A"I'OINTIVE .
WHO MUST FILE FORM 8D
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.
council, commission, authority, or committee. II applies equally to members of advisory and non-advisory bodies who are presented
with a voting conOict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law .....hen faced with a measure in which you have a conflict of interest will vary greatly depending
on whethcr you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
, ,
.J
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding electivc ,or appointive county, municipal, or other local public office MUST ABSTAIN from voting on II measure
which inures to his special private ~ain. Each elected or appointcd local officcr also is prohibited from knowingly vOling on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parenl
organization or subsidiaf)' of a corporate principal by which he is retained}; to the special private gain of a relative: or to the special
privale gain of a business associate. Commissioners of community redevelopment agencies undcr Sec. 163.356 or 163.357. F.S.. and
officers of independent specialta>; districts elected on a one-acre. one-vote basis arc no[ prohibited (rom voting in thaI 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-Iaw. A "business associate" means any person or entity engaged in Or carrying on a business
enterprise wilh the officer 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 (rom voting in Ihe silUations described above. you ,"USl disclose [he connic!;
PRIOR TO THE VOTE BEING TAKEN by publicly stating to 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 Ihis form with the 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 paJ1icipate in these mallers. However,
you must disclose the nature of the conOict before making any attempt to innuence the decision, whether orall)' or in writing and
whether made by you or at your direction.
IF YOU INTEND TO MAKE A1'\Y AlTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
,THE VOTE WLL BE TAKEN:
· You must complete and filc this form (before making any attempt toinnuence the decision) with the person responsible for
recording the minutes of the meeting. who will incorporate the form in the minutes.
· A copy of the form must be pro\'ided immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed. ()\l \..;'Y-......~
CE FORM ~B. 10.91
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I F YOU M AK E NO A TTEM PT TO INFLUENCE TH E DECisION EXCEPT BY DISCUSSION ^ T TH E MEETING:
· ,You rnu~t discl,:,sc orally lhe nature of your connict in ihe measure before 'participaling., ,~
· You must complete Ihe form a'l~d Iile it within I S days afler the \lotc occurs with t!le person responsible for recording the minute~ of
Ihe meeting, who must incorporatc the form in the minutcs. A copy of the form must be provided immedialcly to Ihe other
members of the agency, and the form must be read publicly at the next meeting after the form is filed.
-.
1
,DISCLOSURE OF LOCAL OrFICER'S INTEREST
I. ~ . ~U,. J... . hereby disclo,", lh.t on I 1. /, t. / ,. tl
(a) ^ measure ,came or will come before my lIgency which (check one)
--: inured to my special private g3in;
_ inured to the special gain of m)' business associate,
_ inured to the special gain of m~,~tjve"
~urcd 10 the special gain of __ ~&."CS"; ~
whom I am retained; or
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__ inured to the special gain of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agen::y and the nMure of my conflicting interest in the measure is as follows:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~J 12.317 (1991), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN
SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5.000.
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
,COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAM[- tlRST NA"'t. - f.AU>DlE NAME
'~-p'.Gtc~G (<,' GeRa.t~ (){\J
~~l~~G~;;ie, Esf~-/:.J!.s el'-t.!e. lVl:!>t
C1'C leattUA-tu. COUNT"(
DATE ON WHlC'H VOTE OC('URnED
I~ - I~-~
NAME OF BOARD. COUNCIl. COMMISSION. AUHIOKITV. OR COMMITTEE
Co... tyIt( , Q. -aoa. ~
THE IIOARD, r.OUN COMMISSION. UTHORITY OR COMMI11 EE ON
WHICU I SERVE IS NIT OF:
)( ('fry 0 COUNTY 0 OTHER I.OC'AI. AGENCY
NA)1E "OF !'OLITIC AL SU 1101 v>> 19N: ,~ _
Go ~ r..: {e{t/l.uJ~'-
MY 1'0SlT N IS:
o ELECTIVE
APPOINTIVE
. .... I'
, .'
. .
....' .
.
WHO MUST FILE FORM 88
This form is for use by any person serving althe county. cilY, 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 bodies who arc presented
with a voting connict of interest under Section 112.3143. Florida Slat utes.
Your responsibilities under the law when faced with a measure in which you have a connict or interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close: allcntion to the instructions on this form
before completing the reverse side and filing the rorm.
.: ~ '.
'~ INSTRUCTIONS FOR COMPUANCE WITH SEqT/ON 112.3143, FLORIDA STATUTES
., I .
'-""A person holding elective or appointive county, municipal, or other local public office MUST A'BST AIN f~om votiRg on a measlJre
which inures to his special prh'ate gain. Each' elected or appointed local officer also is prohibit~d from knowingly voting on a measuI'C
which inures lo,the special gain of a principal (other than a govcrnmcill agency) by whom he is relaincd (inc1ud.ing the parenl
organization or subsidiary of a corporate principal by which he is, retained): to the special private gain of a relative: odo the special
private gain of a business associate. Commissioners of communilY redevelopment agencies under Sec. 163.356 or 163.357. F,S., and
officers of independent spe~ialtax districts elected on a one.acre. one-vote basis arc nol prohibited from voting in that capacity.
. FOl'purposes o{this law, a "relative" includes only the ofricer's father, mol her, son. daughler, husband. wife, father-in-law, mOlher-in-
'Jaw, son-in-law.. and daughter-in-law. A "business associate" means any person or entilY 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
corporation arc not listed on any national or regional stock exchange).
"
.
ELEctED OFFICERS:
In addition to abstaining from voting in the siluations described above. you must disclose the connict:
PRIOR TO THE VOTE BEING TAKEN by publicly Slating 10 the assembly the nature of your interest in the me3sure on
lNhich )'OU ,are abstaining from voting: and
WITH IN 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 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 mailers. However,
you must disclose the nature of the conniet before making any illlemptto innucnce lhe decision. whether orally or in writing and
whether made by you or at your,direction.
IF YOU INTEND TO MAKE At\Y ATfEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
1:HE VOTE WLL BE TAKEN:
..,~"'. You mUSl complele and file this form (before making any atlempl to innuence the decision) with the person responsible for
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 olher members of the agency.
· The form must be read publicly at the next meeting ahe'r the form is filed. 0 Ve
CE FOR M 88. 10.91 ",(:1' I
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, IF YOU M~,K..E NO'ATIEMPT TO INFLUENCE THE DECiSION EXCEPT BY DISCUSSION AT THE MEETIN'G:.
,. You' must diSclose 9J1illy,t~e .I'!a\urc qf your ~,!J,1~iC;l:ln the measure~f~re"p'-'rt!cipating. '. . . ,.,,;" ,; . 1 '~ . ' ~;. . ~ "~~
· You must complete the (arm and file it within 15 days after the vote occurs \\1th tpe person respon~ible for,recording the minu'tcs of
the meeting. who mustincorporale the (orm in the minutes. A copy ,of ~~e for,:" ,l1,ll,ls't..be pr.ovi~ed, i,!nmedhllely, to the; Olher
members of the agenc)'. and the ~ortn must be read publicly at the next meeting after the form is filed." " 'I. .' I, .
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a . .' Fi' . DlSCL.OSURE OF LOCAL Or'FICE~TEREST
I, . ~t1.1J fl. ~~~, herebyd~elose 'hat on JR..G.<l.rn bru-.-
(a) ~ measure came or will come before my agency which (check one)
. ~ inured to my special priv31e g3in;
_ inured to the special gain of mybusiness associate,
, _ inured to the special gain of my relative,
_ inured to the special gain of
whom tum relained~ or
_ inured to the,spi:cial gain of
is the parent organi7~tion or subsidiary of a principal which has reLained me.
(b) The ~;;rore ;:z:&: Ihe OPt ;:;y ~O/~ti:g ~r in ,he 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 FOLLOWING:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND. OR A CIVIL PENAL TV NOT TO EXCEED SS.OOO.
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