02/19/2002 (2)
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"C~~mUlJity ,Deve,lopment, Board Meeting
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ACTION AGENDA ,
COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER,
Fobruary 19, 2002
Meeting called to order at 2:00 p.m. at City Hall
. A. APPROVAL OF MINUTES OF PREVIOUS MEETING: January 22, 2002
, ACTION:
APPROVED 7:0
B. CONSENT AGENDA ITEMS: (Items 1-6). The following cases are not contested by
the applicant, staff, neighboring property owners, etc. and will be approved by a single
vote at the beginning of the meeting.
1.
. ,
Caso: ANX01-12-30 - 1328 Woodbine Street - Level Three Application
Owner/Applicant: Liberian' A. Miles '
Location: 0.18 acres on the north side of Woodbine Street, approximately 460 feet
"east of Betty Lane and 65 feet west of Rolen Road
Atlas Page: 269B
Request: (a) Annexation of 0.18 acres to the City of Clearwater; (b) Land Use Plan
amendment from RL, Residential, Low (County) to RL, Residential Low Classification
(Clearwater); and (c) Rezoning from R-3, Residential, Single Family District ICounty}
to .LMDR, Low Medium Density Residential District (Clearwater)
Proposed Use: Existing single-family dwelling
Presenter: Etim S. Udoh, Senior Planner
ACTION:
Recommended Approval - 7:0
,2. Case: ANX01-12-31 - 2119 Pleasant Parkway - Level Three Application
Owners/Applicants: John L. Blechschmidt and Linda W. Blechschmidt
Location: 0.48 acres on the west side of Pleasant Parkway, approximately 400 feet
north of lakeview Road
Atlas page:, 3088 ,
Request: (a) Annexation of 0.48 acres to the City of Clearwater; (b) Land Use Plan
amendment from RLIP, Residential Low and Preservation (County) to RLIP,
, Residential Low and Preservation Classifications (Clearwater; and (c) Rezoning from
R-1, Residential, Single Family District (County) to LMDR, Low Medium Density
residential District & P, Preservation District (Clearwater)
Proposed Use: New single family dwelling
Presenter: Etim S. Udoh, Senior Planner '
ACTION:
Recommen'ded Approval - 7:0
,3.
Ca'oe:' ANX01-12-32 - 1725 W. Manor Avenue - Level Three Application
Owners/Applicants; Robert Van Scoyoc & Marilynne Van Scoyoc
,Location: 0.15 acres on the east side of west Manor Avenue, approximately 200
feet north of South Lagoon Circle and 100 feet west of Ragland Avenue
Atlas Page: 263A
acd0202
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02/19/02
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Request: la) Annexation Clf 0.1 5 acres to the City of Clearwater; (b) land Use Plan
amendment from RU, Residential Urban (County) to RU, Residential Urban
Classification (Clearwater); and Ie) Rezoning from R-3, Residential, Single Family
District (County) to LMDR, Low, Medium Density Residential District IClearwater)
Proposed use: Existing single-family dwelHng
Presenter: Etim S. Udoh, Senior Planner
ACTION:
Recommended Approval - 7:0'
Case: LUZ01.1209 - 565 Sky Harbor,Drlve - Level Three Application
Owner: New Plan Excel Realty Trust, Inc.
Applicant: Clearwater Mall, lLC, c/o The Sembler Company
Representative: E. D. Armstrong III, Esquire
Location: 1.27 acres on the southern terminus of Sky Harbor Drive, approximately
450 feet south of Gulf to Bay Boulevard, adjacent to the Clearwater Mall
Atlas Page: 300A '
Request: la) land Use Plan Amendment from R/OG, Residential/Office General to I,
Institutional Category; and Ib) Rezoning from 0, Office District to I, Institutional .
District
Present Use: Vacant
Proposed Use: Fire,station
Presenter: Etim S. Udoh, Senior Planner
I
ACTION:
Recomm'ended Approval. 7:0
5.
Case: LUZ01.12.10 - 520 Sky Harbor Drive - Level Three Application
Owner: 'City of. Clearwater
,Applicant: Clearwater Mall, llC, c/o The Sembler Company
. Represe,ntative: E. D. Armstrong III, Esquire "
Location: 3.688 acre parcel on the southwest corner of Gulf to Bay Boulevard and
Sky Harbor Drive, adjoining Clearwater Mall
Atlas Page: .30DA
Request: (a) land Use Plan Amendment from I, Institutional to CG, Commercial
General Category, and (bl Rezoning from I, Institutional District to C, Commercial
District
Present Use: Fire station, '
Proposed Use:, Commercial use as part of the Clearwater Mall redevelopment
Presenter: Etim S. Udoh, Senior Planner
6.
Case: FL01.11w34 - 23490 - 23498 U519 North - Level Two Application
OwneriApplicant: Mr. Mark Howard, Cypress Plaza, Ltd.
Representative: Mr. Jan Norsoph,' Engelhardt, Hammer & Associates, Inc.
Location: 2.09wacre site on the west side of US Highway '19 North approximately
200 feet north of Stag Run Boulevard
Atlas Page: 2638
Zoning: C, Commercial District ,
Request: Flexible Development approval to permit vehicle service use within the
Commercial District with an existing 1 Q-foot (south) side setback, a zero-foot side
(north) setback to pavement, a three-foot rear (west) setback to pavement, and with
acd0202
2
02/19/02
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a reduction in the required number of parking spaces from 5 spaces per 1 ,000
square feet of gross floor area (115 spaces) to 4.20 spaces per 1,000 square feet
of gross floor area (96 spaces), as part of a Comprehensive Infill Redevelopment,
Project under the' provisions of Section 2-704, with a Comprehensive Landscape
Program
Proposed Use: An 8/000 square foot vehicle service establishment in concert with
existing retail and office uses
Conditions: 1) There be no overnight parking of vehicles in the parking lot and no
storage of new/used tires or other products outdoors; 2) the landscape plan be
amended to reflect the use of Dahoon Holly trees, oleanders around the dumpster
enclosure, additional low growing plantings at the entrance and south property line,
r~placemeht of crepe myrtles in front of building, and use of ground cover/shrub in
lieu of sod in all interior landscape; 3) site improvements be made within two
phases: Phase 1 C includes landscape improvements along US 19 and include all
parking lot improvements including required handicapped spaces; prior to issuance
of Certificate of Occupancy, and that Phase 2 includes the implementation of the
remaining landscape improvements and installing Code-compliant dumpster
enclosures (painted to match the buildings), within six months of CDB approval
(August 19, 2002); and 4) all new signage and/or any amendments to existing
signage be designed according to a common, architectu.rally~integrated and '
coordinated theme, in accordance with Code.
Prdsenter: Mark T. Parry, Planner
ACTION:' Recommended Approval - 7:0 with 5 conditions.
C. . NON-CONSENT AGENDA - (Item 7)
,
,1. Case TA 02-01-01 - Community Development Code Amendments':" Level Three
Application
Applicant: City of Clearwater, Planning De'partment
Request: Comprehensive amendments to the Community Development Code, as a
result of the annual review, including amendments to the General Provisions, Zoning
Districts, Development Standards, Development Review and other Procedures,
Nonconformity Provisions, Enforcement Proceedings and Penalties and Definitions'
, and Rules, of Construction '
Presenter: Richard Kephart, Senior Planner
ACTION: Proposed language permitting new witnesses to be presented at
Appeal Hearings - should not be permitted.
, Further discussion requested regarding: 1) 'Sectioll 145, Article 4. Division 13.
Lellld Clearing Re"lOval Permit. Section 4-130fA 2) Section 74, Article 3. DiviS/Oil 9.
Gelleral Applicability Standards. Section 3~90~.. Permitteil ellcroachments illto
setbacks and over street rights-of-way; 3) pavers, ete. as an open space issue rather
than a setback issue; 4) Section 148. Article 4. Division 14. Transfer of Developmellt
Rig/Its. Section 4~1403.C. Use of trOlls/erred developmellt rigllts does not contain
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language to clarify whnt a reasonable relationship between a transfer in height; and , ,
acd0202
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02/1 9/02'
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, " 5) Section 142. Article 4. Division 7. SlIbdivlsioll/Plats. Section 4-70B.C. Recording of
jillal plat should not be changed. '
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~ DIRECTOR'S ITEMS
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~eq'uest for time extension Marriott Seashell Resort
,'at 301 South Gulfvlew Boulevard
FL 01-01-01 and DA 01-01-01
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ACTION:
APPROVED;" 7:0
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Request for time extension
Boulevard .
Elias AnastBsopoulos
FL 00-,11-49 at 731 BaywBY
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ACTION:
APPROVED
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
L^ST NAME- tilts,. "AM E -MIUDI.E N^ME
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COUNTI'
~C1TI' 0 COUNTY 0 OTllER I.OC^1. AGCNCY
NAME OF roLITICAl SUBDIVISION:
~<.\ ~ ~~~~
MY POSITION IS:
o ElECTIVE \"o-ArrOINTlVE
WHO MUST FILE FORM 88
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, aWhoril}'. or commiUee, It applies equally 10 members of advisory and non-advisory bodies who are presented
with a voting connict of interest under Section 112.3143, Florida Statutes,
CE fORM 8B - 10.91
"AGE I
, Your responsibililies under the law when faced with a measure in which you have a connicl of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close allention to the instructions on this form
l?efore completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SE:CTION 112.3143, FLORIDA STATUTES
.,_.:",(\ person holding el~ctive or appointive county, municipal. or other local public office M UST ABSTAIN from vOling on a measure
(~, which inures to his special private gain, Each elected or appointed local orticer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a governmcnt agency) by whom he is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or 10 the special
private gain of a business associatc, Commissioners of community redevelopment agencies'under See, 163.356 or 163,357, F,S" and
officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity.
For purposes of this law, a "relativc" includes only the officer's father, mother, son, daughter, husband, wife, father~in-Iaw, mother-in-
la"" son-in-law, and daughter-in-law. A "business associate" means any person or entity ensaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, cOOWner of properly, or corporale shareholder (where the shares of the
corporation are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above. you must disclose the connict:
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 IS DAYS AFTER THE VOTE OCCURS by completing and filing Ihis form with the pe~on 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 mal1ers. However,
you must disclose the nature of the connict before making any attempt to inOuence the decision, whether orally or in writing and
whether made by you or at your direction.
IF YOUclNTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
· You must complete and' file this form (before making any attempt to innuence the decision) with the person responsible for'
,....J recording the minutes of the meeting. ~ho wi," incorporate the (orm in the minutes,
· A copy of the form must be provided Immedmlely to the other members of the agency,
· The form must be read publicly at the next meeting after the form is filed.
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IF YOU MAKE NO ATTEMPT TO INFl.UENCE THE DEcisION E?<CEPT BY DISCUSSION AT THE MEETlNO:
· You must d~sclose ora,Uy the nature of your connict in the measure before participating, ,
I
· You must complete the form and file it within 15 days after Ihe vote occurs with tre person responsible for recording the minules of I
the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to th~l,er i
members of the agency, and the form must be read publicly at the next meeting afler the form is filed. 'iIf !
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
, hereby disclose that on ~x..'1' \\"
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(a) A measure came or will come before my agency which (check one)
_, inured to my special private gain;
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_ inured to ~he special gain of my business associate,
'~ inured to the special gain of my relative,
.=:::::: inured to the s~cial gain or . ~....\\~ ~~~~~ \' () \\\.t\c::,
whom I am retained; or
,..:..:.- inured to the special gain of
: 'is the parent organization or subsidiary of a principal which has retained me.
, (b) The measure before my agency and the nature of my connicting interest in the measure is as follows:
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Signature "-,- - ~
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1I2.317 (1991), A FAILURE TO MAKE ANY REQUIRED
, DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLO~
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCfI
, ,SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000.
CE FORM 88. 10.91
PAGE:
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IF YOU MAKE NO A1TEMPTTO INFLUENCE THE DEcisION EXCEPT BY DISCUSSION AT THE MEETING:
· YOll must disclose orally the' nature of your conniet in the measure before participating,
. You must complete th~ form and file it within 15 days ufter the vote occurs with lflc. person responsible for recording th~ minutes of
the meeting. who must incorporate the (orm in the minutes, A copy of the form must be provided immediately to lh~,""her
members of the agency, and the form must be read publicly althe next meeting after the (orm is filed, ,~I .' ,
-- .:.....-.
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
, hereby disclose that on \=~~ . \\"
~t~~.
. (a) A measure came or will come before my agency which (check one)
~ inured to my special private gain;,
~ inured to the special gain of my business associate,
_ inured to the special gain of my relalive, '
~ inured to the special gain of ~....\,~ ~r-\C\,S"'f~(j ~ (;) ,\\t\~
, . whom I am retained; or . '
~ inured to the special gain of
. is the parent organization or subsidiary of u principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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Ignature .
~OTJCE: UNDER PROVISIONS OF FLORIDA STATUTES g112.317 (1991), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNlSHED BY ONE OR MORE OF THE FOLLOW" ',:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTIO. ,-.:
-SALARY, REPRIMAND, 'OR A CIVIL PENALTY NOT TO EXCEED SS,OOO.
, CE FORM aD ,10.91
MOE:
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY,
MUNICIPAL," AND OTHER LOCAL PUBLIC OFFICERS
ME. FIRST NAME. MIODLE NAME NAME OF BOARD, COUNCIL, COMMISSION AUTHORITY OR
,;: d Sf- COMMITTEE CO .
;f THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR
/J' ~ CO ITTEE ON WHICH I SERVE IS A UNIT OF:
L-t^,C. CITY 0 COUNTY 0 OTHER LOCAL AGENCY
OF POLITICAL SUBIVlSION:
Cle/, 1/.,.,~hv
MY POSITION IS:
o ELECTIVE
WHO MUST FILE FORM ISO
This form is fO( l)SIJ by an pJl'SOn sarving ;at the coUnty, city, 0( other local level of govemment on an appointod or eloctod board, council,
commission. authority, or committee. tt applies oqually to members of ~ and non-acMsory boOlC'S who lilre pfcsentad with a voting
COf'1nict of Interest under Section 112.3143, Florida StaMes.
Your responsibilities under the Jaw when faced with n measure in which yoo haV9 B conflict of interest 'Nill vary greatly depending on whether
you hold ~n eIoctive or apPoIntive position, For this reason, please pay closa attention to the InstruCtions on this form before compleling the
reveroe side tlnd filing the form, '
INSTRUCTtoNS FOR COMPL~NCE WITH SECTION 112.31.c3, FLORIDA STATUTES
A person holding elective or appointive county, munlclpal, or other local public OfflC4 MUST ABSTAIN from voting 00 a' measure which Inures
to his speci;ll privata gain, Each elecled Of appointed local offICer also is prohibited from knowingly voting on a measure which inures to the
special gain of ;a principal (other than a govemment agency) by whom he is retained'(includlng the parent O(ganlzation or sub$idiary of a
corporate principal by which he is robined); to the &peC/a1 privata gain of a relative; or to the special private gain of a business assoclalo.
CommissioMcs of CC....'MlUllity redevelopmont llgoncies undof Sec. 163.356 or 163.357, F.S., and officers ot independent special tax districts
elected on a ono-acre, ona-vots basis are not prohlbr:.od fron.1 voting in that capacity, .
For purpostJS of this law, ;a "relative" lncl~ only tho offICer's fa\her, mother, 500, daughter, husband. wila, falhar-in.law, mothor.in-Iaw,
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
offICe( as a "partner, joint venturer, co-ownor of property, or corporate shareholder (whore tho shares or the COfporation aro not listed on any
national 0( reg~al stoc~ excha.nge).
ELECTED OFFICERS:
In ;addition to abstaining rrom voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN b:f publicly st:lting to the assembly tho nature of your Interest in the measure on which you life
abstaining from voting; and .
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording lha mInutes
of tho rrletrling. who should ~1n the form In the minlJt&s.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations dosCrlbed above, you otherwise mll)' particip.1te in theso mattors. However, you
must cflSC10se the nator.6, of tho conflict befCl(8 making any attempl to influence the docision. whether crony or in writing and wholhor mado by
you 0(' your dIrectloo.
aIF YOU INTEND TO MAKE ANY ATIEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTe WILL BE
TAKEN: '
. You must c:omp/oto and tile thIs form (bafOl'o making any attempt to influence tho doclsion) with the person rosponsiblo tor rocording tho
minutes of trn! mooting,....no will inCClrp04'a\e \he fOfm,ln the mlnu\os.
. A copy of the form must be Pfovidcd Immediately to the othor members of tho agency.
. The form must be read publicly at the next meeling after tho form is filed.
CE Form BB. 10-91
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IF, YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must ~ ~y the nat:uns of)'OU'conf'kt In tho rnoastn before partlclpatlng, , r..
· You rrurt ~ the form and file It witNn 15 daya after the vote ocan with ttw porson rosponcib4e for rocording the mloutos of .
moOting, who I'!lUSt IncorpoIcto !he form In tho mmtes. A copy 0( the foon must be providod Jnmedia~ to the other member. of h]
agency, IlIOd the form I'TIUSt be road publ'dy at tfM next meoting 8,ft.ar the form "$ed, . ' _
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.,' ~LOSURE OF LOCALOFFICER'S INTEREST
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(a) A measure C';lItne or \WI come before my agency which (check one)
Inured to my special priwte gain;
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. Inured to tM special gain of my business associate,
inured to tho specla1aaln 0( my relatMl, ~ :
, 'f.-., inur~ to....".- gain" !k..1A_ C-;;~ / A/JZ,..'~ -9"-/ whom I om r.tained: "
Inurod to the special gain of , which is the p;arent
ornanlzation or subsicflary of a principal which has retained me.
(b) The measure bofore my l1\Ioncy and the nabJre of my oonnicting interest in 1M measure is as. folktw:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 5112,317 (1991). A FAILURE TO MAKE mY REQUIREO OISCLOSU~~
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOV .
OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOITION, REDUCTIONS IN SAu\RY, REPRIMAND, on A CIVIL PENAL 1"' ,
NOT TO Exceeo $5,000, .
CE Form 88.10-91
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IF YOU MAKE HO ATTEMPl:' TO INFLUENCE THE DECISION ~CEPT BY DISCUSSION AT THE MEETING:
· You must ~ ora.1t the nature: 0( )'tQ" ~ 10 \he rooasuro before partIclpating, .
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· You must c:ompIet:e the form and file It wilhk\ 15 daY8 aftoc tho vote 00CI.n with 1M porson ~b&e for rocording the minutes ~ .
meeting, who IfIUSl hcofporate !he form In the mlnulna. A copy of tho foem must be provIdod lmmod"l3t&ly to tM other rnembora of 1m
agoncy, and the form must be ~ publ"1cly at the next mooting a,ftor the rorm Is r.Ild,
'~'::~~OSURE OF LOCAL OFFICER'S tNTEREST
2.-/1'7 JPL
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CE Form 68 - 10-91
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Inured to the speci31 gain of my re/alive, :
'f.-' k>urod ~,;,. special g.~ of k..1A~?-;rC ~/ ~~;I 9"-/'vA,oo, I.m torai";;'; or
Inured to the special gain of . which is the paront
organlz3tion or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conllicting Interest In tho measure is as follows:
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I,',' NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES !i112,317 (1991), A FAILURE TO MAKE ANY REQUIRED OISCLOSUVRAEL
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMO .
OR SUSPENSION FROM OFFICE OR EMPLOYMENT, OEMOITION. REDUCTIONS IN SALARY, REPRIMAND, OR A CIVIL PENALT'
NOT TO EXCeED $5,000.
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(a) A measure ~mo or will come before my ogeocy which (chock one)
Inured to my ~I pmate gain:
inured to the special gain of my business associate,
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PAGE 2
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COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
February 19, 2002
Present:
Gerald Figurski
Carlen A. Petersen,
David Gildersleeve
Edward Mazur, Jr.
Shirley Moran
Alex Plisko
Ed Hooper
Frank Hibbard
Chair
Vice Chair
Board Member - arrtved 2:02 p.m./departed 2:44 p.m.
Board Member
Board Member
Board Member
Board Member
Alternate Board Member (non-voting)
Also Present: Leslie Dougall-Sides
, Cynthia Tarapani
'Lisa L. Fierce
Gina Clayton
Brenda Moses
Assistant City Attorney
, Planning Director
Assistant Planning Director
Long Range Planning Manager
Board Reporter
The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by
the Invocation and Pledge of Allegiance.
To provide continuity for research, items are In agenda order although not
. necessarily discussed in that order.
A. APPROVAL OF MINUTES OF PREVIOUS MEETING: JanuarY,22, 2002
B. CONSENT AGENDA ITEMS: (Items 1 -6). The following cases are not
contested by the applicant, staff, neighboring property owners, etc. and will be
approved by a single vote at the beginning of the meeting.
1. Case: ANX01-12-30 - 1328 Woodbine Street - Level Three Application
Owner/Applicant: Liberian A. Miles
,Location: 0.1 B acres on the north side of Woodbine Street, approximately
460 feet east of Betty Lane and 65 feet west of Rolen Road
Atlas Page: 2698
Request: (a) Annexation of 0.1 8 acres to the City of Clearwater; (b) Land
, Use Plan amendment from RL, Residential Low (County) to RL, Residential
Low Classification (Clearwater); and (c) Rezoning from R-3, Residential,
Single Family District (County) to LMDR, Low Medium Density Residential'
District (Clearwater) ,
Proposed Use: Existing singlo-famlly dwelling
Presenter: Etim S. Udoh, Senior Planner
',The property owner requests to annex the prcperty into the City and approve
the appropriate City land use plan category f:lnd zoning district.
mcd0202
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The proposed annexation can be served by City of Clearwater services,
Including sewer,' solid waste, pollee, fire and emergency medical services without
any adverse effect on the service level. The applicant has not paid the sewer
impact fee but is aware that payment of this fee must be paid prior to City
Commission approval. The proposed. annexation and existing use are consistent
with both the City's Comprehensive Plan and the Countywide Plan both with regard
to the Future land Use Map ,as well as'goals and policies. The existing and future
use of this site as a single family home is consistent with the lMDR zoning district.
Finally, the proposed annexation is consistent with Florida law regarding municipal
annexation through its adjacency with existing City boundaries and is compact in
concentr'ation.
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Based on the above analysis, the Planning Department recommends the
following actions on the request: 1) Approval of the annexation of the property
located at 1,328 Woodbine 'Road; 2) approval of the Residential low plan category
pursuant to the City's Comprehensive Plan; and 3) approval of the low Medium
Density Residential (lMDR) zoning district pursuant to the City's Community
Development Code.
2.
Case: ANX01-12-31 - 2119 Pleasant Parkway - Level Three Application
Owners/Applicants: John L. Blechschmidt.and Linda W. Blechschmidt
location: 0.48 acres on the west side of Pleasant Parkway, approximately
400 feet north of lakeview Road
< Atlas Page: 3088
Request: (a) Annexation of 0.48 acres to the City of Clearwater; (b) land
Use Plan amendment from RL/P, Residential Low and Preservation (County)
to RLlP, Residential low. and Preservation Classifications (Clearwater; and (e)
Rezoning from R-1, Residential, Single Family District (County) to lMDR,
low Medium Density residential District & P, Preservation District
(Clearwater)
Proposed Use: New single family dwelling
Presenter: Etim S. Udoh, Senior Planner
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The pro'perty owners are requesting to annex the property into the City and
approve the appropriate City land use plan category and zoning district.
The proposed annexation can be served by City of Clearwater services,
including sewer, solid waste, police, fire and emergency medical services without
any adverse effect on the service level. The applicants have paid the applicable
sewer impact fee of $900.00 and also are aware of the additional cost to connect
the property to the City sewer system.
o
The proposed annexation and existing use are consistent with both the
City's Comprehensive Plan and the Countywide Plan both with regard to the Future
land Use Map as well as goals and policies. The existing and future use of this site
. as a single family home is consistent with the lMDR zoning district.. The proposed
annexation is consistent with Florida law regarding municipal annexation through Its
adjacency with existing City boundaries and is compact in concentration.
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Based on the above analysis, the Planning Department recommends the
following actions on the request: 1) Approval of the annexation of the property ,
located at 2119 Pleasant Parkway with the condition that all 'new Cconstruction meet
the requirements of the Clearwater Community Development Code; 2) approval of
the Residential Low and Preservation plan categories pursuant to the City's
Comprehensive Plan; and 3) approval of the Low Medium Density Residential (LMDRI
and the ,Preservation (P) zoning districts pursuant to the City's Community
Development Code.
, 3.
Case: ANX01~12-32 - 1725 W. Manor Avenue ~ Level Three Application
Owners/Applicants: Robert Van Scoyoc & Marilynne Van Scoyoc
Location: 0.15 acres on the east side of west Manor Avenue, approximately
200 feet north of South Lagoon Circle and '100 feet west of Ragland Avenue
'Atlas Page: 263A
Request: (a) Annexation of 0.1 5 acres to the City of Clearwater; (b) Land
Use P!an amendment from RU, Residential Urban (County) to RU, Residential
Urban Classification (Clearwater): and (c) Rezoning from R~3, Residential,
Single Family District (Countyl to LMDR, Low Medium Density Residential
Distr,ct (Clearwater) ,
Proposed use: Existing,single~family dwelling
Presenter: Etim S. Udoh, Senior Planner
I,
The proj)erty owners are requesting to annex the property into the City of
. Clearwater and approve the appropriate City land use plan category and zoning
district.
The proposed annexation can be served by City of Clearwater services,
including sewer, solid waste, police, fire and emergency medical services without
any adverse effect on the service leVel. The applicants have paid the applicable
sewer impact fee of $900.00 and also are aware of the additional cost to connect
the property to the City sewer system. The proposed annexation and existing use
are consistent with both the City's Comprehensive Plan and the Countywide Plan
,both with regard to the Future Land Use Map as well as goals and policies. The
existing and, future use of this site as a single family home is consistent with the
LMDR zoning district. The proposed annexation is consistent with Florida law
regarding municipal anryexation through its adjacency with existing City boundaries
and is compact in concentration.
Based on the above analysis, the Planning Department recommends the
followhlg actions on the request: 1) Approval of the al1nex~tion of the property at
1725 West Manor Avenue; 2) approval of the Residential Urban plan category
pursuant to the City's Comprehensive Plan; and 3) approval of the Low Medium
Density Residential (LMDR) zoning district pursuant to the City's Community
Development Code.
4.
Case: LUZ01-12-09 - 665 Sky' Harbor Drive - Level Three Application
Owner: New Plan Excel Realty Trust, Inc. '
mcd0202
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,Applicant: Clearwater Mall, LLC, c/o The Sambler Company
Representative: E. D. Armstrong III, Esquire
Location: 1.27 acres on the southern terminus of Sky Harbor Drive,
approximately 450 feet st?uth of Gulf to Bay Boulevard, adjacent to the
Clearwater Mall
Atlas Page: 300A
Request: (a) land Use Plan Amendment from R/OG, Residential/Office
General to I, Institutional Category; and (b) Rezoning from 0, Office District
to I, Institutional District
Present Use: Vacant
Proposed Use:. Fire station
Presenter: Etim S. Udoh, Se~ior Planner
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The' property owners are requesting to amend the Comprehensive Plan's
Future land Use Map from Residential/OfficeGeneral (R/OG) to Institutional'(I), and.
to rezone from Office (0) District to Institutional (I) District..
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, An amendment of the Future land Use Plan from Residential/Office General
(R/OG) to Institutional (I) and a rezoning from Office (0) to the Instit'utional (I)
zoning district for the subject site is necessary to allow the construction of a new
fire station on the subject site and to facilitate the exchange of land between the
applicant and the City of Clearwater. The neighborhood is surrounded by
commercial and medium density residential uses. The proposed institutional use will
blend into the existing neighborhood and serve as a transition between more
intensive commercial uses to the west and medium density residential uses to the
east and south.
The Fire Department has indicated that the proposed new location is
adequate for the construction of the new fire station and will not affect response
times or level .of service. This exchange will enhance the proposed mall
redevelopment and will provide the City with an alternative fire station site in the
immediate vicinity.
The proposed Institutional Future land Use classification and Institutional
zoning district are consistent with both the City and the Countywide
Comprehensive Plans, are compatible with the surrounding area, do not require nor
affect the provision of public services, are compatible with the natural environment
and are consistent with the development regulations of the City.
The Planning Department recommends approval of the following actions on
this application: 1) Amend the Future Land Use Plan designation of 565 Sky Harbor
Drive from Residential/Office General (R/OG) to Institutional (I), and 2) amend the
ZonIng District designation of 565 Sky Harbor Drive from Office (0) to Institutional
(I) .
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6. Case: LUZO'-'2-'O - 620 Sky Harbor Drive - Level Three Application
Owner: City of Clearwater
, ,Applicant: Clearwater Mall, llC, c/o The, Sembler Company
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Representative: E. Do Armstrong III, Esquire
Location: 3.688-acre parcel on the southwest corner of Gulf to Bay
Boulevard and Sky Harbor Drive, adjoining Clearwater Mall
Atlas Page: 300A
Request: (a) land Use Plan Amendment from I, Institutional to CG,
, Commercial General Category, and (b) Rezoning from I, Institutional District
to C, Commercial District
Present Use: Fire station
Proposed Use: Commercial use as part of the Clearwater Mall
redevelopment
Presenter: Etim S. Udoh, Senior Planner
The property owners are requesting to amend the Comprehensive Plan's
Future Land Use Map from Institutional (I) to Commercial General (CG), and to
rezone from the Institutional (I) District to the Commercial (C) District.
An amendment of the Future Land Use Plan from Institutional (\) to
Commercial General (CG) and a rezoning from the Institutional (I) to the Commercial
(e) zoning district for the subject site is necessary to allow the use of the existing
fire station site for commercial plJrposes and to facilitate the exchange of land
between the applicant and the City of Clearwater. The neighborhood is surrounded
by a variety of development including commercial, offices, restaurants, and medium
density residential uses. The proposed commercial use will be an extension to the
existing Clearwater Mall and will blend into the existing commercial uses in the,
area.
The Fire Department indicates that operations at the existing station will not
be affected by the proposed land exchange and likewise the proposed new location
is adequate for the construction of the neW fire station and will not affect response
times or levels of service. This exchange will enhance the proposed ":laU
redevelopment and will provide the City with an alternative fire station. The
redevelopment of Clearwater Mall will result in additional traffic on the surrounding
roadway system but would generate less traffic than if the existing mall were ,fully
occupied. Various access and signal timing improvements are recommended at the
signalized intersections and driveways along Gulf-to-Bay Boulevard and on the US
19 northbound frontage road.
The proposed Commercial Future land Use classification and Commercial (C)
zoning district are consistent with both the City and the Countywide
Comprehensive Plans, are compatible with the surrounding area, do not require nor
affect the provision of public services, are compatible with the natural environment, .
'and are consistent with the development regulations of the City.
The Planning Department recommends approval of the following actions on
this application: 1) Amend the Future land Use Plan designation of 520 Sky Harbor
Drive from Institutional (I) to Commercial Generul (CG); and 2) amend the Zoning
District designation of 520 Sky Harbor Drive from Institutional (I) to Commercial (C).
mcd0202
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Case: FL01.11-34 - 23490 - 23498 US19 North - Level Two Application
Owner/Applicant: Mr. Mark Howard, Cypress Plaza, Ltd.
Representative: Mr. Jan Norsoph, Engelhardt, Hammer & Associates, Inc.
Location: 2.09-acre site on the west side of US Highway 1 9 North
approximately 200 feet north of Stag Run Boulevard
Atlas Page: 263B
Zoning: C, Commercial District
Request: Flexible Development approval to permit vehicle service use within
the Commercial ~istrict with an existing 10-foot (south) side setback, a zero-
foot side (north) setback to pavement, a three-foot rear (west) setback to
pavement, and with a reduction In the required number of parking spaces
from 5 spaces per 1,000 square feet of gross floor area (115 spaces) to
4.20 spaces per 1,000 square feet of gross floor area (96 spaces), as part of
a Comprehensive Infill Redevelopment Project under the provisions of Section
2.704, with a Comprehensive Landscape Program
Proposed Use: An 8,000 square foot vehicle service establishment in
concert with existing retail and office uses
Conditions: 1,1 There be no overnight parking of vehicles in the parking lot
and no storage of new/used tires or other products outdoors; 2) the
landscape plan be amended to reHect the use of Dahoon Holly trees',
oleanders around the' dumpster enclosure, additional low growing plantings
at the entrance and south property line, replacement of crepe myrtles in front.
of building, and use of ground cover/shrub in lieu of sod in all interior
landscape; 3) site improvements be made within two phases: Phase 1
includes landscape improvements along US 19 and include all parking lot
Improvements including required handicapped spaces, prior to issuance of
Certificate of Occupancy, and that Phase 2 includes the implementation of
the remaining landscape improvements and installing Code-compliant
dumpster enclosures (painted to match the buildings), within six months of
, COB approval (August 19, 2002); and 4) all new signage and/or any
amendments to existing signage be designed according to a common,
architecturally-integrated and coordinated theme, in accordance with Code.
Presenter: Mark T. Parry, Planner
'1
The owners are proposing a vehicle service establishment in association with
existing retail sales and service/office uses.
The application and supporting materials were reviewed by the Development
Review Committee on January 17. 2002. The Planning Department recommends
approval of the Flexible Development application to permit a vehicle service use
within the Commercial District with an existing 10-foot (south) side setback, a zero-
foot side {north) setback to pavement, a three-foot rear (west) setback to
pavement, and with a reduction in the required number of parking spaces from five
spaces per 1,000 square feet of gross floor area (115 spaces) to 4.20 spaces per
, ,000 square feet of gross floor area (94 spaces), as part of a Comprehensive Infill
Redevelopment Project under the provisions of Section 2.704, with a
Comprehensive Landscape Program, for the site at 23490 U.S. Highway 19 North,
with the following bases and conditions:
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Bases for Aooroval: 1) The proposal complies with the Flexible Development
criteria as a Comprehensive Inflll Redevelopment Project per Section 2.704.8; 2) the
proposal complies with the Flexible Development criteria as a Comprehensive
Landscape Program under the provisions of Section 3.1202.G; 3) the proposal is in
compliance with other standards in the Code including the General Applicability
Criteria per Section 3-913: 4) the development is compatible with the surrounding
area 'and will enhance other redevelopment efforts; 5) the proposal will provide for
economic use of the vacant building, as It was originally designed, with a
reasonable timeframe for completion of phased site improvements.
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Conditions: 1) There be no overnight parking of vehicles in the parking lot
and no storage of new/used tires or other products ou'tdoors; 2) the landscape plan
be amended to reflect the use of Dahoon Holly trees, oleanders around the
dump'ster enclosure, additional low growing plantlngs at the entrance and south
property line, replacement of crepe myrtles in front of building, and use ,of ground
cover/shrub In lieu of sod in all interior landscape; 3) site improvements be made
within two phases: Phase 1 includes landscape improvements along US 19 and
include all parking lot improvements including required handicapped spaces, prior to
issuance of Certificate of Occupancy, and that Phase 2 includes the implementation
of the remaining landscape, improvements and installing Code~compliant dumpster
enclosures (painted to match the buildings), within six months of COB approval
(A'-:Igust 19, 2002); and 4) all new signage and/or any amendments to existing
sign age be designed according to a common, architeqturally-integrated and
coordinated theme, in accordance with Code.
, Member Gildersleeve moved to approve Consent Agenda Items B 1, B2, 83,
and 86. The motion was duly seconded and carried unanimously.
Planning Director Cyndi Tarapani said the address for Item #6 was
, incorrectly typed on the agenda provided to the Board. (It was later confirmed that.
the correct address above was properly advertised.)
'Member Petersen moved to approve Consent Agenda Items B4 and 85. The
motion was duly seconded. Upon the vote being taken, Chair Figurski and Members
, Petersen, Gildersleeve, Moran, Pliska, Hooper, and Hibbard voted "aye". Member
Mazur abstained. Motion carried.
C. NON.CONSENT AGENDA (Item 7)
1.
Case TA 02-01-01 - Community Development Code Amendments - Level
ThroB Application
Applicant: ' City of Clearwater, Planning Department
Request: Comprehensive amendments to the Community Dovelop'ment
Code, as a result of the annual review, Including amendments to the General
ProvIsions, Zoning Districts, Development Standards, Development Review
and other Procedures, Nonconformity Provisions, Enforcement Proceedings
and Penalties and Definitions and Rules of Construction
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Presenter: Richard Kephart, Senior Planner
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Senior Planner Richard Kephart presented the proposed amendments to the
Community Development Code. He distributed additional revisions not listed in the
Staff report. He stated that should the Community Development Board have any
concerns or recommendations, staff would present them to the City Commission at
their next meeting; Since the passage of the new Community Development Code In
1999, the Planning, Department has been charged with reviewing the Code on an
. annual basis to determine if any additions, deletions, or revisions are needed to
improve the administration of the Code or regulations imposed. Over the past year,
the Planning Department has been compiling a list of issues associated with the
Code. Suggested amendments have been collected from various departments
including ~Iannlng, Development Services and Parks and Recreation, as well as the
City Commission, Community Development Board and citizens. . During this code
update process, staff has met with numerous groups to solicit input on the update
including the Clearwater Coalition of Homeowners Association, the Government
Affairs Committee of the Chamher of Commerce, the Main Street Design and
Economic Committees, the Environmental Advisory Board, the Pinellas Suncoast.
Associatiqn of Realtors, the Clearwater Beach Chamber of Commerce, the
Downtown Development Board and the Marine Advisory Board. Additionally, the
, Planning Department held a public workshop at the Harborview Center to seek
comments and suggestions and answer questions.
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The'Planning Department is recommending a number of amendments to the
Community Development Code. Of those, approximately twenty (20) can be
considered a change in current policy or a new policy issue. The remaining
amendments are editorial in nature, provide additional flexibility criteria, or are
refinements to existing provisions.
Below is a summary of the most noteworthy proposed amendments
organized by Article. A comprehensive listing of all proposed amendments was
provided to the Board. Amendments in the list are organized by number, by Code
section number and include a brief summary of the amendment. Ordinance No.
6928-02 which in~ludes all of the specific amendments also was provided to the
Board. The section number of each amendment in the ordinance corresponds to the
number lnthe comprehensive list. Text that is underlined Indicates proposed
language an~ text containing strikethroughs indicate deletions.
Article 2 - Zonlna Districts
· Accessory Structures (Pages 5, 6, and 7 of Ordinance)
,.::;
The Planning Department is proposing to revise the diagrams illustrating
setback requirements in all residential zoning districts by renaming accessory uses
.to accessory structures and- eliminating reduced setbacks specifically for accessory
structures in the front setback. The amendment also replaces references to
accessory swimming pools with accessory structures.
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· Social and Community Center (Pages 8, 9, 11, 17, 19, 21-22, 26, and 28 of
Ordinance)
The Planning Department is proposing to expand the locations in which
social and community centers are permitted. At present, these centers are only
allowed in the Institutional District; however, many existing centers are located in
other zoning district. The proposed amendment would allow these uses as
minimum standard and flexible standard development in the Downtown, Tourist and
Commercial Districts. This proposed amendment wlll bring many of theses facilities
into. conformity with the Code.
· Marina and Marina Facilities (Pages 7-10,12-14,16,17,19,22,25-27, and,
29-30 of Ordinance)
Recent revisions to the dock provisions (Ordinance 6795-01) require all
commercial docks to be approved by the Community Development Board.
Ma~inas and marina facilities are commercial docks, however, they are permitted
as minimum standard and flexible standard uses in the Commercial, Tourist,
Downtown 'and Institutional Districts. To be consistent with recently approved,
dock provisions, the Planning Department is proposing amendments that would
permit marinas and marina facilities only through a flexible development approval
process (Community Development Board approval.) The amendment further
requires marina/marina facilities to comply with the commercial dock standards,
as well a general marina standards established in Article 3, Development
Standards.
'Article 3 - Development Standards
· Location of Watercrafts (Page 34 of Ordinance)
Davits are exempt from dock setback requirements and concern has been
raised that boats could possibly extend legally into adjacent properties. Trends
, indicate that the size of boat lIsed for personal purposes is increasing in size.
The Planning Department is proposing a provision that specifies that all
. , watercraft must be contained with the property lines as extended into the
water.
· Deviations for Multi-Use Docks (Page 34 of Ordin'ance)
Deviation provisions are proposed for multi-use docks 500 square feet in size
or smaller consistent WIth the deviation procedures established' for docks for
single and two family'dwellings. These procedures would allow deviations to be
granted if the adjacent property owners agree to the,devlation. If they do not
agree, the property owner may petition for the deviation through a flexible
stand~rd review process. This Is consistent wIth the deviation procedures
established for docks servIng single family and two family dwellings~
· Chain Link Fences (Pages 35-36 of Ordinance)
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The Planning Department Is proposing to prohibit chain link fences In" the
'Downtown District to be consistent with the design theme and charactor
established in the Downtown Design Guidelines. '
· Vending Machines (Page 37 of Ordinance)
.,'
Due to the aesthetic concerns associated with vending machines, the
Planning Department is proposing to limit the number of vending machines that
can be placed outside of a building to two. The pro'posed amendment also
prohibits signage on the sides of vending machines and limits signage on the
front of each machine to 35 % of the front area of the machine. These
limitations are very similar to provisi~ns regulating newsracks.
· Tree ~eplaceri1ent Requirements (Pages 38~39 of Ordinance)
The Planning Department originally proposed a 25% tree replacement credit
for developed multi-family and commercial properties. After further research, the
Planning Department determined that a revision was made to the Code In 1 999 that
allowed trees within required landscaped areas to be used as credit against tree
replacement requirements; however, this change was never codified. In light of this
allowable creditt the Planning Department is recommending an amendment giving
the Community Development Coordinator authority to waive tree replacement
requirements for exotics, other ,undesirable trees and those trees in declining health
il:'\stead of the 25 % replacement credit. This proposed provision, along with the
credit for required landscaping negates the problem of having sufficient space for
required tree replacements.
· Parking Demand Study (Page 40 of Ordinance)
The Planning Department is proposing a provision that requires a parking
demand study to be conducted if deviations from the parking requirements are
proposed. The amendment requires the methodology of such study to be in
accordance with accepted traffic. engineering principles and approved by the
Community Development Coordinator. It also clarifies that the results of the
study will determine whether or not the reduction in parking can be approved.
· , Maintenance of Rlghts'of~Way (Page 43 of Ordinance)
At the request of the Community Response Team, the property maintenance
stand~rds are proposed ,to be expanded to prohibit the growth of shrubs and
vegetation, In addition to'weeds or trash, within the rlght~of-way. This
amendment requires the abutting property owner to maintain' all landscaping so
that it does not protrude In to the right-of-way and create safety hazards.
, ,
· Seawells (Page 42-43 of Ordinancet
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During the Island Estates neighborhood planning process, the issue of
seawall maintenance was discussed. Upon a review of the Community
Development Code and the Building Code, it was concluded there are no specific
maintenance standards for seawalls. Due to the importance of seawall "
maintenance, the Planning Department is proposing a property maintenance
standard for seawalls and a provision declaring unsafe/un-maintained seawalls a
nuisance.
· Abandoned Signs (Page 43 of Ordinance)
Abandoned signs that are determined to be' nonconforming with the sign
ordinance are required to be removed after notice Is given. This section of the code,
however, also permits in the alternative, the ability to use neutral sign panels to
replace the sign panels of an abandoned signs. The Planning Department is
proposing to eliminate this provision so that abandoned nonconforming signs must
be removed.
· Sign Design Requirements (Page 45 of Ordinance)
The Planning Department is proposing a provision that requires all signs to be ,
architecturally integrated into the building and/or site by using similar and
coordinated design arid style fe~~ures, materials and color~.
· Freestanding Signs at Elevated Intersections (Pages 45-46 of Ordinance)
The Planning Department is proposing to add a provision that permits
freestanding signs to project 14 feet in height above the crown of the road for
properties fronting on elevated Intersections. This amendment is proposed to'
address identification needs for properties with frontage along elevated overpasses
, along US 19 and McMullen Booth Road. This issue has surfaced due' to new
e;levated intersections being planned for US 19. The old code had a slmifar
provision,permitting additional sign height in these locations.
.
Minimum Permitted Signage (Page 46 of Ordinance)
Recognizing that the current provision for attached and freestanding signage
is very limiting, the Planning Department is proposing to increase the absolute
minimum permitted sign area from ten (10) square feet to twenty (20) square feet
in area. "
. 'Comprehensive Sign Program (Pages 47-48 of Ordinance)
, The Planning Department is proposing revisions to the Comprehensive Sign .
Program, which will allow deviations from the minimum sign stendards in terms of
numbers of signs and sign area". These amendments will permit an increase in the
amount of attached signage from 1 % of up to a maximum of 5 % of the build;n"g
faQade to which the sign is attached. Freestanding signs will continue to be limited
to two times the total permitted sign area. The amendments also propose guidelines
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to be used whe'1 determining the number and location of additional signage.
Proposed criterion focuses on site size, amount of frontage, access, traffic '
circulation, etc. .
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· Portable Storage Units (Page 49 of Ordinance)
The Planning Department Is proposing to give the Community Development
, Coordinator authority to approve the use of portable storage units In emergency
situation for duration of emergency repairs instead of only for four (4) days.
Article 4 - Development Review and Other Procedures
· , Submittal Requirements (Page 49 of Ordinance)
, The current code permits either a plat of record or a survey to 6e submitted
with an application of development approval. Because a plat of record does not
include the location of any buildings or structures and a survey does, the Plannhig
Department is proposing to delete the plat of record option.
· Appeals Presented to Hearing Officer (Page 51 of Ordinance)
Typically, appeals made to hearing officers are decided on the i~formation
. that was presented when the original decision was made. The current code does
not specify this; therefore, the City has been in positions where cases are being
tried at the hearing officer level. The legal Department is proposing that the code
be revised to not allow discovery or depositions at the appeal, however, new
witnesses may be presented.
· Final Plat (Page 52 of Ordinancel
The Planning Department is proposing an amendment that specifies that' no
building permits may be issued until evidence of final plat recordation has been
. submitted. The 'Code currently requires this only upon issuance of a certificate of
occupancy, which occurs when building construction is completed. .
. Tr8nsf~r of Development Rights (Pages 53-54 of Ordinance)
\
To gain consistency with the Countywide Rules, the Planning Department is
. proposing to add language to the tral)sfer of development rights (TDRs) provisions
that specify that TDRs may only be used within approved Community
. Redevelopment Areas or to protect architecturally significant structures, historic
structures or environmentally sensitive areas. Amendments also require the sending
site to meet all property maintenance standards prior to transferring development
rights and to require consent of the mortgage holders prior to approving any
transfer. An amendment also requires that there be a reasonable relationship
. between the number of units transfElfred and any increases in building height.
'Article 7 Enforcement Proceedings and Penalties
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Correction of Violation Prior to Hearing IPage 54 of Ordinance)
The Planning Department'ls proposing to delete the provision which allows
violations, if corrected prior to the hearing and not repeated within six months, to'
be considered withdrawn. This amendment would ensure that repeat violators are
enforced upon according to stricter standards and greater fines.
. CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedu'res and criteria for reviewing text
amendments.
Any code amendment must comply with the following.
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1. The proposed amendment is consistent with and furthers the goals, ,
policies, objectives of the Comprehensive Plan.
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Below is a selected list of 'goals, policies, objectives from the Clearwater
. Comprehensive Plan 'that are furthered by the proposed amendments to the
Community Development Code: ,
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. Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and
encourage infill development.
. Policy 2.1.1 - Redevelopment shall be encouraged, where appropriate, by
providing development incentives such as density bonuses for significant lot
consolidation and/or catalytic projects, as well as the use of transfer of
developments rights pursuant to approved special area plans and redevelopment
'plan.
. Policy 2.1 .2 - Renewal of the beach tourist district shall be encouraged
through the establishment of distinct districts within Clearwater Beach,' the
establishment of a limited density pool of additional hotel rooms to be used in
specif.ied geographic areas of Clearwater Beach, enhancement of public rights-
of-way, the vacation of public rights-of-way when appropriate, transportation
,improvements, inter-beach and intra-beach transit, transfer of development
rights and the use of design guidelines, pursuant to BelJch by Design: A
preliminary Design for Clearwater Beach and Design Guidelines.
v
. Policy 2. 1 .3- The area governed by Beach by Design: A PreliminlJry Design for
Clearwater Beach and Design Guidelines shall be recognized on the Countywide
Future Land Use map as a Community Redevelopment District. This area is
bounded on the north by the line dividing the block between Acacia Street and
Somerset Street, the Gulf of Mexico on the west, Clearwater Harbor on the east
and the Sand Key Bridge on the south, excluding Devon Avenue and Bayside
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Drive. Beachfront and public property located adjacen~ to the Gulf of Mexico and
the Intracoastal Waterway with a Future Land Use designation of Recreation/Open
. Space shall ,be excll:lded from the Community Redevelopment District.
.
Policy 2.3.3 - The City of Clearwater shall continue to Implement the Design
Guidelines, adopted in 1995, for all development within the Downtown District.
. ~olicy 3.2.1 - Land Uses on the Comprehensive Land Use Plan Map shaH
generally be interpreted as indicated In the following table. The intensity
standards listed in the table (FAR - floor area ratio; ISR - impervious surface.
ratio) are the maximum allowed for each plan category, except where otherwise
permitted by special area plans or redevelopment plan approved by the City
Commission. Consequently, individual zoning district, as 'established in the
City's Community Development Code, may have more stringent intensity
standards than those listed in the table but will not exceed the maximum
nllowable intensity of the plan category, unless otherwise permitted by approved
special area plans or redevelopment.
. ,Objective 4. 1 - All signage with the City of Clearwater shall be consistent with
the Clearwater sign code, as found in the Community Development Code, and
., all proposed signs shall be evaluated to determine their effectiveness in reducing
visual clutter and in enhancing safety and attractiveness of the streetscape.
. Policy 4.1.1 - Commercial signs in Clearwater shall be restricted to discourage
the proliferation of visual clutter, promote community aesthetics, provide for
highway safety and to allow the identification of business locations.
. Objective 4.2 - All devel~pment and redevelopment initiatives within the City of
Clearwater shall meet the'minimum landscaping/tree protection standards of the'
Community Deyelopment Code in order to promote the preservation of existing
tree canopies,. the expansion of that canopy, and the overall quality of
development within the City.
.' Policy 22"2.7 - Transfer of development rights should be implemented to
provide alternatives to development and degradation of wetlands and other
natural resources.
2. The' proposed amendments further tho purposes of the Community ,
Development Code and other City ordinances and actions designed to implement
the Plan.
The proposed text' amendments include a broad range of regulations ranging
from permitted uses, numerical standards, flexibillty criteria, procedures,
enforcement and definitions. The proposed amendments are consistent with the
provisions of Section 1-103 that lists the purposes of the Cod.e.
The proposed amendments to the Community Development Code are
consistent with the Clearwater Comprehensive Plan and the purposes of the
mcd0202
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Community Development Code. They also further the original redevelopment goals
that established the Code. The amendments permit certain uses In a wider range of
zoning district. They also provide more appropriate development standards
regarding marinas, signage and tree replacement requirements. They also strive to
improve community aesthetics through the additional regulation of sign design and
the limitation of the number of vending machines allowed outside of a building. In
many instances the proposed amendments promote more site-specific solutions.
These solutions ultimately promote economic development and maintain high
standards for development, which are essential in a community undergoing
redevelopment. . ,
Planning Department Staff recommends approval of Ordinance No. 6928~02
which makes revisions to the Community Development Code.
Concern was expressed regarding proposed amendments for Marina and
Marina Facilities with respect to the need to clarify hairline cracks' on seawalls
versus structural cracks. Mr. Kephart said staff has met with the Marine Advisory
Board regarding those concerns. Staff feels they have been addressed in the .
proposed provision declaring un-maintained seawalls a nuisance in Section 100 of
the Ordinance 'regardingseawall maintenance.
. Concern was expressed regarding Section 142. Article 4. Division 7.
Subdivision/Plats. Staff is proposing to amend Section 4-702 - Required Approvals
to require that11lf a plat approval is required, preliminary plat approval must be
, obtained before a building permit may be issued." It was felt that this proposal
would pose a hardship to developers. There is no schedule for review of a final plat
and it could become delayed due to the process. It was suggested that staff
research other cities' processes regarding this section. Ms. Tarapani said staff
Would have difficulty issuing a building permit without prior knowledge of the.
locations of the easements and final property lines.
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it was felt that Section 143, Article 4. Division 7. Subdivision/Plats. Section
4-708. C. Recording of final plat should not be changed.
'. 'It was suggested staff further review Section 145, Article 4. Division 13.
'Land Clearing Removal Permit. Section 4-1301.
It was suggested that staff incorporate a dimenuous number or percentage
regarding deviations from the parking requirements in the Code, Section 87, Article
3. Division 14. Parking and Loading, Section 3-1401. Mr. Kephart said that
section was addressed due to the numerous types of studies. The City is
attempting to set the ground work from the' beginning to clarify how studies will be
. done.
In response to a question regarding the significance of a flat roof indicating
in Section 57, Article 2. Division 12. Institutional District. SectIon 2-1203, Mr.
Kephart said that section was 'developed to address issues related to flat roofs with
rocks and gravel materials during storms.
mcd0202 .
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~ Ms. Tarapani said at this morning's City Commission Work Sessio~,
Commissioners requested a comparison between the sign code changes in the
former and new Codes.
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Discussion ensued regarding Section 74, Article 3. Division 9. General
Applicability Standards. Section 3-908. Permitted encroachments Into setbacks
and over street rights-at-way. That section indicates that roof overhangs shall be
not be permitted to extend into required structural setbacks more than 30 inches.
Ms. Tarapani said the Code currently is silent on roof overhangs. On balconies,
etc., the Code restricts overhangs to 30 inches, therefore staff felt this proposal
was consistent witt; those parameters. It was remarked that roof overhangs,
especially for new housing, larger homes, and varying building heights are not
standard, and this 3D-inch requirement was too restrictive. In response to a
. question, Ms. Tarapani said gutters are included in the 30-inch requirement. Staff
considered setback requirements, attempted to make overhang sizes uniform, and
attempted to address the impact on neighbors when this section was developed. It
was remarked that the potential for 2 overhangs occurring in the same plain would
be remote. Staff will check the former code regarding overhangs as a percentage
of the building's density. '
Concern was expressed that pavement on the back of a building requires a
COB level review and is a separate issue from required setbacks. Ms. Tarapani said
multifamily projects require a staff level review for rear of buildings. She said the
review is necessary to comply with setback regulations. I~ was remarked that
landscaping can inclLlde various features such as pavement. It was suggested staff
consider exempting pavers and other landscaping materials from the setback
requirement. Ms. Tarapani said the pavement issue was developed as a result of
instances where property owners wish to pave the entire yard and totally' eliminate
green space. She felt staff's proposal is consistent with other cities' requirements
regarding density and ISR (Impervious Surface Ratio). In response to a question,
Long Range Planning Manager Gina Clayton said the Island Estates residents
through their NeOD (Neighborhood Conservation Overlay District) process, is
considering an open space requirement in front yards in addition to ISR. In
response to a question, Ms. Tarapani said she is unaware of any other municipality
that defines what can be placed in a setback. It was felt .that pavers, etc. should
, be considered as an open space issue rather than a setback issue. Ms. Tarapani
said brick walks, paver blocks, etc. are just as permanent as other types of
landscaping.' It was remarked that the former Code had a green space requirement
to cover these concerns. Consensus was to further discuss this issue at the next
meeting.
Concern was expressed that Section 148. Article 4. Division 14. Transfer of
Development Rights. Section 4-1403.C. Use ot transferred development rights
does not contain'language to clarify what is a reasonable relationship between a
transfer in height. Ms. Tarapanl said the CDB Is responsible to make that
determination. She said the COB would review each case. on an Individual basis
along with compatibility and other related issues. In response to a question, Ms.
mcd0202
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Taraparii said the City Commission has not made a final decision regarding a
mathematical relationship or other means of determining a "reasonable relationship".
It was suggested that a sliding scale between the number of units transferred and
height may be one solution to the issue. Concern was expressed that the language
in this section is open to interpretation and would result in a high number of
appeals.
. Concern was expressed that the proposed language permitting new
witnesses to be presented at Appeal Hearings should not be permitted. Assistant
City Attorney Leslie'Dougall-Sides said the Appeal Officer would not disregard the
information and facts heard at the CDB meetings, nor the recommendations made
by the COB regsrdir:ag a case. It was remarked that new witnesses could present '
new information.
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. One citizen felt it is fundamentally unfair to allow new witnesses to attend a
hearing officer hearing. Should they be permitted to speak, their testimony should
be limited to the facts and information presented at the CDB meeting.
Consensus was to recommend to the City Commission that no new
witnesses be allowed at Appeal Hearings.
, D. DIRECTOR'S ITEMS
.f~ 1. Request for time extension - Marriott Seashell Resort - FL 01-01-01 and
\'1!~ DA 01-01-01 at 301 South Gulfview Boulevard
Assistant Planning Director Lisa Fierce said the Marriott Seashell Resort is
requesting a time extension for approval of the project at 301 South Gulfview
Boulevard from February 20, 2002, to February 20, 2003.
Member Hooper moved to approve the extension of the project at 301 South
Gulfview Boulevard from February 20, 2002, to February 20, 2003. The motion
was duly seconded and carried unanimously. Member Gildersleeve was absent.
2., Request for time extenslon- Elias Anastasopoulos - FL 00-11-49 ot 731
Bayway Boulevard
, ,
Ms. Fierce said Mr. Anastasopoulos is requesting a time extension for
approval of the project at 731 Bayway Boulevard from February 20, 2002, ,to
February 20, 2003.
Member Petersen moved to approve the time extension of the project at 731
Bayway Boulevard from February 20, 2002, to February 20, 2003. The motion
was duly seconded. Upon the vote being tal~en, Chair Figurski and Members Mazur,
Petersen, Moran, Plisko, and Hibbard voted "aye". Member Hooper abstained.
Member Gildersleeve was absent. Motion carried.
'~
mcd0202
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A' luncheon to honor Chair Figurski's service on the COB is scheduled for
March 19, 2002.
Ms. Tarapanl said an appeal r.ega\rding a denial of an occupationallicens'e is
s~heduled for the March 19, 2002, meeting.
. Chair 'Figurski urged everyone to vote at the March 12, 2002, election.
'. '.
E.
ADJOURNMENT
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'The' nie~~higadjourn~d at 3:34 p.m.
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air
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