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• •
ORDINANCE NO. 8098-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
MODIFY SUBSECTION 3-2102 "PERMITTED TEMPORARY USES" TO
INCLUDE OUTDOOR AUTOMOBILE, BOAT, AND RECREATIONAL
VEHICLE SHOWS; TO MODIFY SECTION 3-2103 "STANDARDS" TO
INCLUDE STANDARDS FOR THE OUTDOOR AUTOMOBILE, BOAT,
AND RECREATIONAL VEHICLE SHOWS TEMPORARY USE; AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City, and
WHEREAS, it has been determined that certain locations and use of commercial
properties for limited temporary uses promotes the local economy, and
WHEREAS, it has been determined that limited and reasonable restrictions on such
temporary uses are in the public interest, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, "Development Standards", Division 21, "Temporary
Uses", Section 3-2102, "Permitted temporary uses", of the Community Development Code,
be, and the same is hereby amended to modify subsection A, as follows:
Section 3-2102. Permitted temporary uses.
A. The following temporary uses are permitted subject to obtaining a Level One
approval in accordance with the provisions of Article 4, Division 3 and the provisions of this
division:
1. Circuses and/or carnivals.
2. Contractor's offices and/or construction sheds.
3. Evangelical and religious revivals or assemblies.
4. Sales for Christmas trees, pumpkins or other seasonal materials.
5. Other temporary recreational or entertainment related events or activities such as
fairs, concerts or festivals.
Ordinance No. 8098-09
6. Outdoor bazaars, cookouts, special fund raising sales and/or similar activities.
7. Sidewalk sales.
8. Temporary commercial parking lots associated with special events.
9. Temporary real estate sales offices.
10. Temporary relocation tents or mobile homes for displaced persons as a result of
natural or manmade disasters in a neighborhood or area.
11. Temporary retail special sales and displays (e.g., occasional sidewalk or parking lot
sales).
12. Block and neighborhood parties.
13. Portable storage units.
14. Outdoor automobile, boat, and recreational vehicle shows.
Section 2. That Article 3, "Development Standards", Division 21, "Temporary
Uses", Section 3-2103, "Standards", of the Community Development Code, be, and the
same is hereby amended to modify "ADDITIONAL REQUIREMENTS FOR TEMPORARY
USES" table and add number five to subsection B, as follows:
Section 3-2103. Standards.
ADDITIONAL REQUIREMENTS FOR TEMPORARY USES
Maximum Cumulative Allowable Time Period
for Each Separate Use (per site per calendar
Temporary Use year or absolute time limitation, as applicable) Permitted Districts
Block and neighborhood parties 2 days All residential districts
Circuses or carnivals 14 days C, IRT, and I
Contractors office and/or During construction period only while building All districts
construction sheds permit is valid
Evangelical and religious revivals or 7 days C, D, T, I and IRT
assemblies
yard or estate sales
Garage No more than 2 limes per property within one All residential districts
, year; no longer than 3 days each
Sales for: Christmas tree and
All non-residential zoning
pumpkin sales and other seasonal 45 days districts
sales
Other temporary recreational or 7 days, except 14 days for annual events All nonresidential districts
entertainment events approved by the special events committee
Outdoor bazaars, cookouts, special
fund raising sales and/or similar 2 days C, I and D
activities
2
Ordinance No. 8098-09
Sidewalk sales 7 days in conjunction with a special event T and D
Temporary commercial parking lots The period of time during which the temporary All districts
use the parking serves is authorized
Temporary relocation tents or 18 months (unless authorized longer by
mobile homes for displaced persons commission resolution) Within a designated area
Temporary real estate sales office or 24 months All districts
model home
Temporary retail sales and displays 7 days (not more than 4 times per year) T, C and D
Residentially zoned property: Four days, not
more than four times a year. Non-residentially
zoned property: 30 days, not more than four
Portable storage units times a year or for the duration of an active All districts
construction permit. Refer to Sections 3-
2103(B)(3) and 2103(C)(2) for additional
requirements.
Outdoor automobile, boat and
7 days (not more than 4 times per year
recreational vehicle shows
B. The following additional requirements shall. apply for specified temporary uses:
5. Outdoor automobile, boat, and recreational vehicle shows.
a. Outdoor automobile, boat, and recreational vehicle shows shall be permitted only
on properties located in the Commercial zoning district which are at least 75
contiguous acres in size:
b. A maximum of 7 days shall be allowed for each permitted outdoor
automobile, boat, and recreational vehicle show, inclusive of set up and
take down time for all temporary use related facilities:
C. Sales of products displayed at the show are permitted, without regard to the
primary use of the property.
Section 3. Amendments to the Community Development Code of the City of Clearwater
(as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby
adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Ordinance No. 8098-09
s?
D'
0
Section 5. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as
a whole, or any part thereof other than the part declared to be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
AS AMENDED
October 22, 2009
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dou al Sides
Assistant City mey
November 5, 2009
A?r 10--
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
4
Ordinance No. 8098-09
hiS f®r Work session Item
Clearwater City Council
Agenda Cover Memorandum Final Agenda Item #
9gly,9?,???? Meeting Date: 10-22-09
SUBJECT/RECOMMENDATION:
APPROVE amendments to the Community Development Code establishing outdoor automobile, boat, and recreational
vehicle shows as an allowable temporary use and setting forth standards for such new use, and PASS Ordinance No. 8098-09
on first reading.
(TA2009-08008)
? and that the appropriate officials be authorized to execute same.
SUMMARY:
City Council requested that staff prepare a text amendment adding the outdoor automobile, boat and recreational
vehicle show use as a permitted temporary use. This proposed use will be allowed in the Commercial (C) District
for up to four (4) days at a time, not more than four (4) times per year. Standards for this new temporary use are
created by this ordinance and are as follows:
• Properties must be a minimum of 75 contiguous acres in size;
• A maximum of 48 hours for set-up and 48 hours for break-down will be allowed in addition to the
maximum cumulative allowable time period;
• Products displayed at the show may be sold, regardless of the property's primary use.
The definition of "Temporary retail sales and displays" was originally proposed to be modified in the ordinance,
and was so advertized. However, this proposal is being withdrawn, as shown in the attached motion to amend.
Attached is a copy of Ordinance No. 8098-09 and staff report, which contains further analysis and information on
the proposed amendments. Also attached is the motion to amend on first reading,
The Community Development Board (CDB) reviewed the proposed text amendment and motion to amend at its
meeting of September 15, 2009. The Board unanimously recommended the amendment for approval.
Reviewed by: Originating Dept.: Costs
Legal Info Srvc N/A PLANNING DEPARTMENT Total
Cate Lee
Budget N/A Public Works N/A User Dept.: Funding Source:
Purchasing N/A DCM/ACM Planning Current FY Cl
Risk Mgmt N/A Other Attachments: OP
ORDINANCE NO. 8098-09
MOTION TO AMEND
ORDINANCE NO. 8098-09
ON FIRST READING
STAFF REPORT Other
Submitted by: Appropriation Code:
City Manager ? None
ORDINANCE NO. 8098-09
11
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
MODIFY SUBSECTION 3-2102 "PERMITTED TEMPORARY USES" TO
INCLUDE OUTDOOR AUTOMOBILE, BOAT, AND RECREATIONAL
VEHICLE SHOWS; TO MODIFY SECTION 3-2103 "STANDARDS" TO
INCLUDE STANDARDS FOR THE OUTDOOR AUTOMOBILE, BOAT,
AND RECREATIONAL VEHICLE SHOWS TEMPORARY USE; -TO
" B THE
" O
I L
S; AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City, and
WHEREAS, it has been determined that certain locations and use of commercial
properties for limited temporary uses promotes the local economy, and
WHEREAS, it has been determined that limited and reasonable restrictions on such
temporary uses are in the public interest, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, "Development Standards", Division 21, "Temporary
Uses", Section 3-2102, "Permitted temporary uses", of the Community Development Code,
be, and the same is hereby amended to modify subsection A, as follows:
Section 3-2102. Permitted temporary uses.
A. The following temporary uses are permitted subject to obtaining a Level One
approval in accordance with the provisions of Article 4, Division 3 and the provisions of this
division:
1. Circuses and/or carnivals.
2. Contractor's offices and/or construction sheds.
3. Evangelical and religious revivals or assemblies.
4. Sales for Christmas trees, pumpkins or other seasonal materials.
-1-
Ordinance No. 8098-09
I?
5. Other temporary recreational or entertainment related events or activities such as
fairs, concerts or festivals.
6. Outdoor bazaars, cookouts, special fund raising sales and/or similar activities.
7. Sidewalk sales.
8. Temporary commercial parking lots associated with special events.
9. Temporary real estate sales offices.
10. Temporary relocation tents or mobile homes for displaced persons as a result of
natural or manmade disasters in a neighborhood or area.
11. Temporary retail special sales and displays (e.g., occasional sidewalk or parking lot
sales).
12. Block and neighborhood parties.
13. Portable storage units.
14. Outdoor automobile, boat, and recreational vehicle shows.
Section 2. That Article 3, "Development Standards", Division 21, "Temporary
Uses", Section 3-2103, "Standards", of the Community Development Code, be, and the
same is hereby amended to modify "ADDITIONAL REQUIREMENTS FOR TEMPORARY
USES" table and add number five to subsection B, as follows:
Section 3-2103. Standards.
ADDITIONAL REQUIREMENTS FOR TEMPORARY USES
Maximum Cumulative Allowable Time Period
for Each Separate Use (per site per calendar
Temporary Use year or absolute time limitation, as applicable) Permitted Districts
Block and neighborhood parties 2 days All residential districts
Circuses or carnivals 14 days C, IRT, and I
Contractors office and/or During construction period only while building All districts
construction sheds permit is valid
Evangelical and religious revivals or 7 days C, D, T, I and IRT
assemblies
Garage, yard or estate sales No more than 2 times per property within one All residential districts
year; no longer than 3 days each
Sales for: Christmas tree and
All non-residential zoning
pumpkin sales and other seasonal 45 days districts
sales
Other temporary recreational or 7 days, except 14 days for annual events All nonresidential districts
entertainment events approved by the special events committee
-2-
Ordinance No. 8098-09
0
•
Outdoor bazaars, cookouts, special
fund raising sales and/or similar 2 days C, I and D
activities
Sidewalk sales 7 days in conjunction with a special event T and D
Temporary commercial parking lots The period of time during which the temporary All districts
use the parking serves is authorized
Temporary relocation tents or 18 months (unless authorized longer by
mobile homes for displaced persons commission resolution) Within a designated area
Temporary real estate sales office or 24 months All districts
model home
Temporary retail sales and displays 7 days (not more than 4 times per year) T, C and D
Residentially zoned property: Four days, not
more than four times a year. Non-residentially
zoned property: 30 days, not more than four
Portable storage units times a year or for the duration of an active All districts
construction permit. Refer to Sections 3-
2103(B)(3) and 2103(C)(2) for additional
requirements.
Outdoor automobile, boat, and
4 days (not more than 4 times per year) C
recreational vehicle shows
***********
B. The following additional requirements shall apply for specified temporary uses:
***********
5. Outdoor automobile, boat, and recreational vehicle shows.
a. Outdoor automobile, boat, and recreational vehicle shows shall be permitted only
on properties located in the Commercial zoning district which are at least 75
contiguous acres in size;
b. A maximum of 48 hours shall be allowed for the set-up and a maximum of 48
hours shall be allowed for the break-down, in addition to the Maximum Cumulative
Allowable Time Period, of the Outdoor automobile, boat, and recreational vehicle
shows:
C. Sales of products displayed at the show are permitted, without regard to the
primary use of the property.
Section 3. That Article 8, "Definitions and Rules of Construction", Section 8-102,
"Definitions", of the Community Development Code, be, and the same is hereby amended to
modify the definition of "Temporary retail sales and displays" as follows:
Temporary retail sales and displays mean any nonpermanent sales or displays `"'hinh aFe of the
which are
-3-
Ordinance No. 8098-09
V
0
permitted pursuant to Article 3, Division 21. As used in this development code, the term
"temporary retail sales and displays" shall include carnivals and similar temporary amusement
projects and shall exclude residential development sales office, land sales offices, and-garage
and yard sales, and outdoor automobile, boat, and recreational vehicle shows.
Section 4. Amendments to the Community Development Code of the City of Clearwater
(as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby
adopted to read as set forth in this Ordinance.
Section 5. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 6. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as
a whole, or any part thereof other than the part declared to be invalid.
Section 7. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 8. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
-4-
Ordinance No. 8098-09
0 0
MOTION TO AMEND ORDINANCE NO. 8098-09 ON FIRST READING
On page 1 of ordinance, revise the title as follows:
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE TO MODIFY SUBSECTION 3-2102
"PERMITTED TEMPORARY USES" TO INCLUDE OUTDOOR
AUTOMOBILE, BOAT, AND RECREATIONAL VEHICLE SHOWS;
TO MODIFY SECTION 3-2103 "STANDARDS" TO INCLUDE
STANDARDS FOR THE OUTDOOR AUTOMOBILE, BOAT, AND
RECREATIONAL VEHICLE SHOWS TEMPORARY USE; TO
MODIFY SECTION 8 102, "DEFINITIONS", BY AMENDING THE
RECREATIONAL VEHICLE SHOWS; AND TO PROVIDE AN
EFFECTIVE DATE.
On pages 3-4, delete Section 3 of the ordinance in its entirety.
0 0
Cate Lee
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4557
catherine.lee(a)myclearwater.com
PROFESSIONAL EXPERIENCE
Planner II, Long Range Division
City of Clearwater, Clearwater, Florida November 2008 to Present
Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive
planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community
Development Code by Ordinance. Prepare staff reports for the City Council and Community
Development Board. Create maps for decision makers using Geographic Information Systems
software.
Planner I and Planner II, Development Review Division
City of Clearwater, Clearwater, Florida March to October 2008
Provided information to the public concerning the City's Community Development Code, Clearwater
Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed
building plans for compliance with the Community Development Code. Presented Flexible Standard
Development applications before the Development Review Committee.
• Research Assistant
Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008
Contributed research on various land use and planning issues, including locally unwanted land uses
and their roles in the American West for Dr. Richard H. Jackson, AICP.
Teaching Assistant
Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007
Explained North American land use patterns and concepts to students, including planning history and
current practices. Graded student writing and exams, providing feedback for improvement and
clarification of planning concepts.
• Planning Intern
City of Port Angeles, Port Angeles, Washington May to August 2007
Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research
related to intergovernmental cooperation, comprehensive plan amendments, and code changes.
Presented research findings to the Planning Commission.
EDUCATION
Bachelor of Science in Urban, Rural and Environmental Planning, Brigham Young University, 2007
ASSOCIATION MEMBERSHIP
0 American Planning'Association
• 0
CDB Meeting Date: September 15, 2009
Case Number: TA2009-08008
Ordinance Number: 8098-09
Agenda Item: EE=1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST: Amendments to the Community Development Code - Ordinance No.
8098-09
INITIATED BY: City of Clearwater Planning Department
BACKGROUND:
City Council requested that staff prepare a text amendment adding the outdoor automobile, boat
and recreational vehicle show use as a permitted temporary use.
ANALYSIS:
This amendment proposes a new use be added to the list of permitted temporary uses-outdoor
automobile, boat, and recreational vehicle show use. This use will be allowed in the Commercial
(C) District for up to four (4) days at a time, not more than four (4) times per year. Standards for
this new temporary use are created by this ordinance. A summary of those standards appears
below:
• Properties must be a minimum of 75 contiguous acres in size;
• A maximum of 48 hours for set-up and 48 hours for break-down will be allowed in
addition to the Maximum Cumulative Allowable Time Period;
• Products displayed at the show may be sold, regardless of the property's primary use.
The definition of "Temporary retail sales and displays" was originally proposed to be modified
in the ordinance. However, this proposal is removed as shown in the attached motion to amend.
Community Development Board - September 15, 2009
TA2009-08008 - Page 1
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goal, Objective,
and Policies which will be furthered by the proposed Code amendments:
Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic
opportunity, the creation of jobs and training opportunities as well as the
maintenance of existing industries through establishment of enterprise
zones, activity centers and redevelopment areas and by coordination with
the Chamber of Commerce, Tourist Development Council and other
economic development organizations and agencies.
Findings
The proposed amendments are consistent with the Comprehensive Plan because they allow for
the expansion of economic opportunity.
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the Community Development
Code in that it will be consistent with the following purposes set forth in Section 1-103:
• Establish use limitations for specified uses consistent with the zoning district in which
they are allowed and the particular characteristics of such specified uses (CDC Section 1-
103. E.10).
Findings
These amendments are consistent with the Community Development Code because they
establish a temporary use that is consistent with the purpose and character of the Commercial (C)
District.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are not inconsistent with the
goals of the Clearwater Comprehensive Plan and the purposes of the Community Development
Code. Based upon the above, the Planning Department recommends APPROVAL of Ordinance
No. 8098-09 that amends the Community Development Code.
Community Development Board - September 15, 2009
TA2009-08008 - Page 2
•
Prepared by Planning Department Staff: `
Cate Lee, Planner II
ATTACHMENT:
? Ordinance No. 8098-09
? Motion to Amend Ordinance No. 8098-09 on First Reading
S: (Planning Departmen6Community Development Code12009 Code Amendments7A2009-08008 - Temporary Uselstaff Reports lOrdinance No
8098-09 CDB Staff Report 2009 09-10. Doc
Community Development Board - September 15, 2009
TA2009-08008 - Page 3
0 0
PPA! -7 PINELLAS
PLANNING
COUNCIL COUNCIL MEMBERS
600 Cleveland Street, Suite 850 • Clearwater, Florida 33755-4160 Mayor Beverley Billiris, Chairman
Vice-Mayor Jerry Knight, Vice-Chairman
Telephone 727.464.8250 • Fax 727.464.8212 • www.pinellasplanningcouncii.org Mayor Pat Gerard, Secretary
Commissioner John Morroni, Treasurer
Commissioner Nina Bandoni
August 31, 2009 Councilmember Sandra L. Bradbury
OR, M G Commissioner Dave Carson
[? Councilmember John Doran
Councilmember Jim Kennedy
Cate Lee School Board Member Linda S. Lerner
r Commissioner Stephanie Oddo
,,....,. Mayor Jim Ronecker
Planner II
City of Clearwater Mayor Patricia J. Shontz
ICI VE!-C7PMENT SERVICES DEPT David R Healey, AICP
Municipal Services Building CITE' OF CLEARWATER Executive Director
100 S. Myrtle Avenue ?-
Clearwater, FL 33756
RE: Review of Proposed Amendments to the City of Clearwater's Land
Development Regulations (LDRs) (Ordinance No. 8098-09) for Consistency
with the Countywide Rules
Dear Cate:
We are in receipt of your letter dated August 17, 2009, regarding the proposed
amendments to the City's Community Development Code referenced above.
Pursuant to Division 3.3 of the Rules Concerning the Administration of the Countywide
Future Land Use Plan (Countywide Rules), Council staff has reviewed the proposed
amendments for consistency with the Countywide Rules as follows:
• The proposed code amendment establishing outdoor automobile, boat, and
recreational vehicle show as a permitted temporary use in the Commercial
zoning district is consistent with the Countywide Rules, except that such a use,
classified as a commercial/business service use per the Countywide Rules, is not
allowed in the Resort Facilities High (RFH) future land use plan category, as
indicated per Section 2-701.1. The Council staff recommends revising Section 3-
2103(B)(5) to prohibit the use in the RFH future land use plan category.
• The amended definition of "temporary retail sales and displays" is consistent
with the Rules. On a separate note, it appears to contain some internal
inconsistencies by including carnivals and excluding outdoor automobile, boat,
and recreational vehicle shows, although both are proposed to be identified as
permitted temporary uses in Section 3-2102. Also, this amendment contradicts
the ordinance title which indicates the definition of temporary retail sales and
1
PLANNING FOR THE PINELLAS COMMUNITY
0
0
displays will be amended to include outdoor automobile, boat, and recreational
vehicle shows.
Thank you for forwarding the proposed LDRs amendments for review. If you have any
questions, please feel free to call me at 464-8250.
Sincerely,
CL Christopher M. Mettler
Program Planner
cc: Councilmember John Doran, PPC Representative
2
Lee, Catherine
From: Wells, Wayne
Sent: Tuesday, September 08, 2009 8:50 AM
To: Lee, Catherine
Subject: Temporary Uses TA For Your Consideration
Cate -
I have read the proposed Code revision and have the following comments:
"Outdoor automobile, boat and recreational vehicle shows" are proposed to be permitted as a Temporary Use only
four times a year on properties that have at least 75 contiguous acres. This appears to limit such Temporary Use to
only the Countryside Mall and Clearwater Mall, as the only commercially-zoned properties with the required lot size.
If so, there is a concern that such proposed Temporary Use should be restricted from being allowed during the
Thanksgiving to Christmas time frame. Parking requirements have traditionally been based on this time frame of
Thanksgiving to Christmas, where the parking lots are full of shoppers. Taking away large areas of customer parking
for an "Outdoor automobile, boat and recreational vehicle shows" would be contrary to the parking needs of these
Malls and to Code requirements.
Am unclear as to proposed Section "c". Is the "sales of products displayed" automobiles, boats or recreational
vehicles? If so, write it so it specifies such.
Am unclear and confused as to the proposed change to the Definition of "Temporary retail sales and display", as this
appears to work for the proposed additional Temporary Use to allow "Outdoor automobile, boat and recreational
vehicle shows", but opens up Pandora's box for other "Temporary retail sales and display" at all other locations.
Anyone could walk in to apply to have "Temporary retail sales and display" on any property, regardless of the
tenants of the property or what they sell. If the intent was to revise the definition to specifically permit as part of
the definition "Outdoor automobile, boat and recreational vehicle shows" then this is the wrong approach. There
are other Temporary Uses that are defined in the Code, such as "Sidewalk sales", which is also "Temporary retail
sales and display". Rather than amend this definition of "Temporary retail sales and display", create a new
definition for "Outdoor automobile, boat and recreational vehicle shows".
Wayne
From: Lee, Catherine
Sent: Wednesday, August 26, 2009 9:18 AM
To: Planning
Subject: Temporary Uses TA For Your Consideration
Greetings All,
I hereby submit for your review Ordinance No. 8098-09, Temporary Uses text amendment (TA2009-08008). Please do
have your edits and comments to me by Friday September 4, 2009.
Regards,
Cate Lee
Planner 11
Planning DepaTtnie_nt
CAY of Cleztnvate
J-: 727.562.4557
<< File: Ordinance No 8098-09 8.26.09 Draft.doc >>
V 0
r..
Lee, Catherine
From: Jackson, Matthew
Sent: Wednesday, August 26, 2009 11:20 AM
To: Lee, Catherine
Subject: RE: Temporary Uses TA For Your Consideration
Thanks for the quick reply my indie friend. All questions answered and now I can sleep well tonight!
From: Lee, Catherine
Sent: Wednesday, August 26, 2009 11:18 AM
To: Jackson, Matthew
Subject: RE: Temporary Uses TA For Your Consideration
DJ pM:
The WHEREAS statements are drafted to the particular ordinance-this ordinance is for the outdoor automobile, boat,
and recreational vehicle shows temporary use, which is only allowed in the Commercial District.
The amendment came about as directed by City Council-the goal is to allow these shows at Countryside Mall (hence
the 75 acres in the ordinance).
This new temporary use won't work on many properties in the city-Countryside Mall (and possibly Clearwater Mall).
Do as Robbie G says, not as I say.
Thank you for reviewing the TA!
From: Jackson, Matthew
Sent: Wednesday, August 26, 2009 11:03 AM
To: Lee, Catherine
Subject: RE: Temporary Uses TA For Your Consideration
Cate: Just read over the amendment and only have a couple of questions.
Why is the text "WHEREAS, it has been determined that certain locations and use of commercial properties for limited
temporary uses promotes the local economy, and" included as below in the chart it is very clear that temporary uses are
allowed in a number of zoning districts? I understand that this amendment is specific to outdoor automobile, boat, and
recreational vehicle shows, but it almost seems to exclude the other zoning districts.
Where did the 75 acres come from? Did we base it off another code, or the properties in Clearwater where it would be
feasible.
Last, I know we discussed yesterday a car lot wanting a temporary use permit for a tent and you were unsure about
using temporary retail sales as the site is used for vehicle sales. Is the outdoor automobile, boat, and recreational
vehicle show designation the one we can use in the future for such events? Robert yesterday had me use temp retail
sales, but it seems like this new designation would work fine except for the 75 acres clause.
Thanks!
From: Lee, Catherine
Sent: Wednesday, August 26, 2009 9:18 AM
To: Planning
Subject: Temporary Uses TA For Your Consideration
Greetings All,
I hereby submit for your review Ordinance No. 8098-09, Temporary Uses text amendment (TA2009-08008). Please do
have your edits and comments to me by Friday September 4, 2009.
Regards,
Cate Lee
Plarv er fI
Plaj.itiing DepartMent
City of Clearwater
T: /27.562.4557
f: 727.562.4565
<< File: Ordinance No 8098-09 8.26.09 Draft.doc >>
0 0
CITY OF C LEARWAT E R
POST OFFICE BOX 4748, CLEARWATER, FLo uDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SouTH MvRTLEAvENu, CLEARWATER, FLoRIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PLANNING DEPARTNfNT
August 17, 2009
Mr. David Healey, AICP
Executive Director
Pinellas Planning Council, Suite 850
600 Cleveland Street
Clearwater, F133755
Re: Draft Ordinance No. 8098-09 (ITEM NO.: TA2009-08008)
Dear Mr. Healey:
Pursuant to Div.3.2 CONSISTENCY REQUIREMENT of The Countywide Plan Rules, the City
of Clearwater is submitting a set of proposed amendments to the City of Clearwater Community
Development Code for your receipt and for consistency review. These proposed amendments
are scheduled for a public hearing by the local planning agency on September 15, 2009. The
City Council first reading date is scheduled for October 22, 2009, and :second . reading date is
scheduled for November 5, 2009.
Please note that the proposed code amendments are still in review and revision stage by City
staff, as the ordinance as a whole is a draft document. This draft will be finalized for distribution
to the Community Development Board by September 10, 2009. At that time the updated
document will be provided to you.
Sincerely,
C;qs- fjjL-
Cate Lee
Planner II
cc: Gina Clayton, Assistant Planning Director
Catherine Porter, Long Range Planning Manager
Attachment: DRAFT Ordinance 8098-09
"Eomi. EMPLOYMENT AM) AFFINMATIVF. AmON EMPI.nVF.R"
Lee, Catherine
From: Hollander, Gwen
Sent: Monday, August 10, 2009 2:09 PM
To: Lee, Catherine
Cc: Porter, Catherine; Clayton, Gina; Delk, Michael; Watkins, Sherry
Subject: RE: Temporary Use TA (TA2009-08008)
Cate, the ordinance number is
8098 09 Outdoor automobile, boat and recreational vehicle shows TA2009-08008
From: Lee, Catherine
Sent: Monday, August 10, 2009 1:07 PM
To: Hollander, Gwen
Cc: Porter, Catherine; Clayton, Gina; Delk, Michael; Watkins, Sherry
Subject: Temporary Use TA (TA2009-08008)
Hi Gwen,
I'm working on a text amendment (TA2009-08008) to add "Outdoor automobile, boat and recreational vehicle shows" to
the Temporary Use section (CDC Article 3 Division 21). When you are able, I need the TA to be assigned an ordinance
number. This one is a little different because I'm not sure which cycle it's on, but will figure that out in the next couple
of days with Gina and Sherry's help. I don't think you need that info to get an ordinance number assigned, but if you do,
let me know. I appreciate your help.
Thanks,
Cate Lee
Planner 11
Planning Deva.rtment
City of Cleareti atet
"I: 727.562.4557
F: 727.562.4865
,r
•
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 5, 2009
Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N.
Cretekos, and Councilmember John Doran.
Absent: Councilmember Carlen Petersen
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney,
Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst.
Unapproved
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Reverend Doctor John R. Thompson of Countryside Christian
Center
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given
4.1 Jazz Holiday
The City was thanked for its support. A framed poster for this year's Holiday, signed by
all of the performers, and a 30th Anniversary book were presented to the City.
4.2 Ironman Triathlon - Kevin Dunbar. Parks and Recreation Director
Parks and Recreation Director Kevin Dunbar thanked staff for their efforts and reviewed
proposed traffic changes. Event activities and traffic changes are available online at
www.myclearwater.com/ironman.
4.3 World Planning Day Proclamation - November 8. 2009
5. Approval of Minutes
5.1 Approve the minutes of the October 22, 2009 City Council Meeting as submitted
Council 2009-11-05
0
E
The staff report and Ordinance 8088-09 contain further analysis and information
on the proposed amendment. The Community Development Board (CDB)
will review the proposed amendments at its public hearing of October 20, 2009.
The Planning Department will report the Board's recommendation at the City
Council meeting.
Councilmember John Doran moved to approve amendments to the Capital
Improvements Element (CIE) of the Clearwater Comprehensive Plan making
modifications pursuant to the City of Clearwater's Capital Improvement
Program budget adopted on September 17, 2009 and updating the reference
to the School Districts Five-Year Work Program for FY2009/10 through
2013/14 as adopted by the School Board on September 15, 2009. The motion
was duly seconded and carried unanimously.
Ordinance 8088-09 was presented for first reading and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8088-09 on first
reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8098-09 on second reading amending the Community
Development Code to allow outdoor automobile boat and recreational vehicle
shows and provide standards for such shows.
Ordinance 8098-09 was presented for second reading and read by title only. Vice-
Mayor Paul Gibson moved to adopt Ordinance 8098-09 on second and final reading.
The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, and Vice-
Mayor Paul Gibson.
"Nays": Mayor Frank Hibbard.
Absent: Councilmember Carlen Petersen.
Council 2009-11-05
Motion carried.
8.2 Adopt Ordinance 8110-09 on second reading, annexing certain real property
whose post office address is 1408 Citrus Street, together with the abutting right of
way of Citrus Street, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 8110-09 was presented for second reading and read by title only.
Councilmember John Doran moved to adopt Ordinance 8110-09 on second and final
reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson and Mayor Frank Hibbard.
"Nays": None
Absent: Councilmember Carlen Petersen.
8.3 Adopt Ordinance 8111-09 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1408 Citrus Street, together with
the abutting right of way of Citrus Street, upon annexation into the city, as
Residential Low (RL).
Ordinance 8111-09 was presented for second reading and read by title only.
Councilmember George N. Cretekos moved to adopt Ordinance 8111-09 on second
and final reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson and Mayor Frank Hibbard.
"Nays": None
Absent: Councilmember Carlen Petersen.
8.4 Adopt Ordinance 8112-09 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1408 Citrus
Street, together with the abutting right of way of Citrus Street, upon annexation
into the city, as Low Medium Density Residential (LMDR).
Council 2009-11-05 6
1. Presentations
1.1 Service Awards
19 Attachments
2. Customer Service
• •
WORK SESSION AGENDA
Council Chambers - City Hall
10/19/2009 - 9:00 AM
2.1 Approve contract with Northeast II, Inc., DBS TC Specialties of Tampa, FL, in the amount of $470,000
for utility bill printing and mailing and for mail processing services and postage for the City of
Clearwater from November 1, 2009 through October 31, 2010, and authorize the appropriate officials to
execute same (consent).
ID Attachments
3. Fire Department
3.1 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of
$436,380.00 for the purchase of one (1) new Pierce Heavy Duty Velocity Pumper in accordance with
Sec. 2.564 - (1)(b)and(e), Code of Ordinances, Exceptions to Bid and authorize the appropriate officials
to execute same. (consent)
(B Attachments
4. Financial Services
4.1 Award a contract to Arbitrage Compliance Specialists, Inc., of Centennial, Colorado, for arbitrage
consulting services for a not-to-exceed amount of $50,000 for the five year period ending September 30,
2014 and authorize the appropriate officials to execute same. (consent)
(D Attachments
4.2 Establish the intent to reimburse certain Water and Sewer project costs incurred with proceeds of future
tax-exempt financing and adopt Resolution 09-42.
ID Attachments
5. Gas System
5.1 Ratify and confirm Grant Agreement between the U.S. Department of Transportation and the City of
Clearwater. (consent)
0 Attachments
6. Human Resources
6.1 Approve the collective bargaining agreement as negotiated between the City of Clearwater and the
Fraternal Order of Police Officers for Fiscal Years 2009/10, 2010/11, and 2011/12 and authorize the
appropriate officials to execute same.
0 Attachments
6.2 Authorize the negotiation of a contract with CIGNA HealthCare for medical insurance under a fully
insured funding arrangement for the contract period of January 1, 2010, to December 31, 2011, at a total
cost not to exceed $16,000,000 dependant on the funding strategy as determined by the City Council.
Attachments
7. Information Technology
7.1 Award a contract (purcha&der) to Sprint/Nextel, Los Angeles, Cal&ia for cellular/radio, Treo and
Blackberry services for the period November 2009 through October 2010 in an amount not to exceed
$286,000 in accordance with the best response to RFP 28-09 for wireless communication servicesand
authorize the appropriate officials to execute same. (consent)
19 Attachments
8. Solid Waste/General Support Services
8.1 Award a contract (purchase order)to Kenworth of Central Florida of Orlando, FL in the amount
$297,398.00 for the purchase of two Kenworth T800 with Galbreath Roll-Off Hoist in accordance with
Sec 2.564(1)(d), Code of Ordinances - other governmental bid, authorize lease purchase under the City's
master lease purchase agreement and authorize the appropriate officials to execute same. (consent)
(B Attachments
8.2 Approve a contract (Purchase Order)to Rush Truck Center of Tampa, FL for the purchase of four (4)
Peterbilt Model 320 chassis with 29 yard Labrie Automatic Side Loader body at a cost of $896,352.00 in
accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease
purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to
execute same. (consent)
15 Attachments
8.3 Ratify and Confirm the City Manager's acceptance to receive proceeds from the U.S. Department of
Energy Block Grant Award Number DE-SC0002363 in the amount of $1,075,400.00 for several projects
within the City, Approve a first quarter budget amendment to establish a budget for this grant in projects
181-99856 in the amount of $18,000 for LEED Training and Certification, 181-99857 in the amount of
$244,000 for Electronic Plan Submittal and Review, 181-99858 in the amount of $350,000 for
Clearwater Energy Efficiency, Conservation and Mobility Strategies, 181-99859 in the amount of
$463,400 for Energy Efficiency Retrofits in City Facilities for a grand total of $1,075,400, and authorize
the appropriate officials to execute same. (consent)
15 Attachments
9. Public Utilities
9.1 Award contract (purchase order) to SPER Chemical in the amount of $556,500.00 for FYs 2010 - 2012
for corrosion control (polyphosphate) chemical at water plants and authorize the appropriate officials to
execute same. (consent)
0 Attachments
9.2 Approve a one-year extension, at no increase in cost, to an existing contract (purchase order) with ITT
Water and Wastewater U.S.A., Inc., of Tampa, Florida for Flygt Pumps, replacement parts and factory
authorized service and authorize the appropriate officials to execute same. (consent)
15 Attachments
9.3 Award two (2) new Purchase Orders (Contracts) for the period October 23, 2009, through September 30,
2010, to Odyssey Manufacturing Company, of Tampa Florida, for a total value of $324,762.69, for
Liquid Sodium Hypochlorite for the Water Division and the Water Pollution Control Division and
authorize the appropriate officials to execute same. (consent)
2 Attachments
10. Engineering
10.1 Approve the Alligator Creek Watershed Management Plan Phase 1 Work Order between the City and
Jones Edmunds Associates, Inc. (Engineer of Record) in the amount of $400,000.00 and authorize the
appropriate officials to execute same. (consent)
ID Attachments
10.2 Approve the Alligator Creek Watershed Management Plan Phase 1(N097) cooperative funding
agreement in the amount of $200,000 between the City and Southwest Florida Water Management
District (SWFWMD) and authorize the appropriate officials to execute same. (consent)
0 Attachments
10.3 Award Construction contrefor the Bayfront Upland Improvements 4ect (07-0045-MA) to BRW
Contracting Inc., in the amount of $456,009.66 and an additional $27,500 for Alternate Bid Item 81 for a
total contract value of $483,509.66 and authorize the appropriate officials to execute same. (consent)
(D Attachments
10.4 Approve LAP Agreement Supplement One for the East Avenue Trail Connection, decreasing the total
amount to $313,596.00, to reflect the actual bid amount plus additional funding provided by FDOT for
CEI and Materials Testing and adopt Resolution 09-40.
8 Attachments
10.5 Dedicate a 4,313 square foot, more or less, parcel of land lying within Lots 17, 24 and 25 of the plat of
PINELLAS GROVES, as recorded in Plat Book 1, Page 55 of Pinellas County Official Records, as
public right-of-way, adopt Resolution 09-43 and authorize appropriate officials to execute same.
I Attachments
10.6 Authorize appropriate City of Clearwater officials to sign applications for Florida Department of
Transportation permits and adopt Resolution 09-44.
ID Attachments
10.7 Approve the Declaration of the Tampa Bay Nitrogen Management Consortium (NMC) to implement the
2009 Tampa Bay Reasonable Assurance Addendum and authorize appropriate officials to execute same.
(consent)
ID Attachments
10.8 Approve a Work Order in the amount of $271,690 to Cardno TBE, an Engineer-of-Record for the City of
Clearwater, to provide Construction Engineering and Inspection (CEI) services for the relocation of the
City's water, sewer and reclaimed water facilities that are in conflict with the reconstruction of US 19
from Whitney Road to north of Gulf to Bay Blvd, (SR 60 and authorize the appropriate officials to
execute same. (consent)
IB Attachments
10.9 Approve the vacation of the east 5-feet of the 10-foot drainage easement lying east of and adjacent to the
west property line of Lot 5, Block "V", Hibiscus Gardens, (a.k.a. 1221 Turner St.), and pass Ordinance
8120-09 on first reading, (VAC2009-05 Kirkland,Jr., Trustee),
ID Attachments
10.10 Award a contract to Suncoast Development of Pinellas County, Inc. of Odessa, Florida in the amount of
$1,212,827.00 for construction of the Water Treatment Plants 1 and 3 Wellfield Expansion Project Phase
H - Raw Water Mains (project number 07-0037-UT), which is the lowest responsible bid received in
accordance with the plans and specifications for this project and authorize the appropriate officials to
execute same. (consent)
0 Attachments
10.11 Council discussion of ceating a Coronado Drive/ Hamden Drive one-way pair on Clearwater Beach.
ID.Attachments
11. Planning
11.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU), Preservation (P),
and Drainage Feature Overlay and Initial Zoning Atlas Designation of Medium Density Residential
(MDR) District and Preservation (P) District for 1923 N Betty Lane (Lots 5, 10, 11, and 12, together with
Lot 4 less the North 150 feet of said Lot 4, Lange's Replat of Brown's Subdivision in Section 3,
Township 29 South, Range 15 East); and pass Ordinances 8093-09, 8094-09 and 8095-09 on first
reading. (ANX2009-07011)
ID Attachments
11.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning
Atlas Designation of Low Medium Density Residential (LMDR) District for 1408 Citrus Street (The east
30 feet of Lot 20 and Lot 21, Block D Sunny Park Groves in Section 23, Township 29 South, Range 15
East) and Pass Ordinances 8110-09, 8111-09 and 8112-09 on first reading. (ANX2009-07012)
r 19 Attachments
11.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial
Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1876 Sylvan Drive
(Lot 16, Bock "A" Harbor Vista in Section 3, Township 29 South, Range 15 East); and Pass Ordinances
8113-09, 8114-09 and 8115-09 on first reading. (ANX2009-07013)
0 Attachments
11.4 Approve amendments to the Community Development Code establishing outdoor automobile, boat, and
recreational vehicle shows as an allowable temporary use and setting forth standards for such new use,
amend the ordinance on first reading and pass Ordinance 8098-09 as amended on first reading. (TA2009-
08008)
ID Attachments
12. Official Records and Legislative Services
12.1 Appoint one member to the Municipal Code Enforcement Board with the term to expire October 31,
2012.
19 Attachments
13. Legal
13.1 Authorize a civil action on behalf of the City against Florida Power Corporation, and Florida Power
Corporation d/b/a Progress Energy Florida, Inc., to seek to recover costs and expenses incurred during
the construction of improvements on the Cleveland Street Streetscape Project and authorize a separate
civil action on behalf of the City against Florida Power Corporation, and Florida Power Corporation
d/b/a Progress Energy Florida, Inc., to seek to recover costs and expenses incurred during the
construction of improvements on the Beach Walk - Coronado Drive project. (consent)
ID Attachments
13.2 Continue to November 5, 2009 second Reading of Ordinances 8093-09, 8094-09, 8095-09 - ANX2009-
07011 1923 N Betty Lane
ID Attachments
13.3 Adopt Ordinance 8084-09 on second reading, vacating the forty-foot drainage and utility easement lying
east of and adjacent to the west property line of Lot 1, Clearwater "19" Commerce Park.
ID Attachments
13.4 Adopt Ordinance 8102-09 on second reading, amending the operating budget for the Fiscal Year ending
September 30, 2009 to reflect increases and decreases in revenues and expenditures for the General
Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Solid Waste Fund,
Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, General Services Fund, Garage Fund,
Administrative Services Fund, and Central Insurance Fund.
ID Attachments
13.5 Adopt Ordinance 8103-09 on second reading, amending the Capital Improvement Budget for the fiscal
year ending September 30, 2009 to reflect a net decrease of $4,432,444.
0 Attachments
13.6 Adopt Ordinance 8105-09 on second reading, amending the Code of Ordinances, Appendix A, Subject
XI, Parks, Beaches, Recreation to modify the definition of family and providing additional criteria to
establish the class of city residents for the purpose of applying fees.
[B Attachments
13.7 Adopt Ordinance 8106-09 on second reading, rescinding Sections 32.272(4) and 32.288 of Ordinance
No. 8025-09.
ID Attachments
14. City Manager Verbal Reports
14.1 City Manager Verbal Reports
S Attachments
15. Council Discussion Items
15.1 Provide direction regarding a consolidated east side library facility, inclduing the timing and funding, if
pursued. (WSO)
ID Attachments
15.2 Hotel Density
Attachments
15.3 Outdoor Displays
ID Attachments
16. Other Council Action
16.1 Other Council Action
ID Attachments
17. Adjourn
18. Presentation(s) for Council Meeting
18.1 Service Awards
ID Attachments
18.2 Presentation of certificate to Mayor by Sons of the American Revolution for the City's displaying of
American flag. George Pratt, SAR Vice President; Nelson Jensen, and David Kitchen.
1 Attachments
18.3 Introduction of Mr. Ito, Exchange Teacher from Nagano - Elizabeth Minor, Cultural Affairs
ID Attachments
18.4 Brian Aungst and Frank Chivas Thank You to Council for SuperBoat Festival Participation
ID Attachments
18.5 Natural Gas Marketing Person of the Year - Awarded to Lupita Newell. Presentation given by Chuck
Warrington, Managing Director - Clearwater Gas System.
ID Attachments
18.6 October is Arts and Humanities Month in Clearwater Proclamation
ID Attachments
18.7 Week of the Family Proclamation
ID Attachments
18.8 November is United Way Month Proclamation - Chuck Warrington, Laura Cameron, Lisa Perkins, &
Robin Gomez
ID Attachments
s
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
September 15, 2009
DRAFT
Present: Nicholas C. Fritsch
Thomas Coates
Jordan Behar
Frank L. Dame
Richard Adelson
Brian A. Barker
Norma R. Carlough
Absent:
Also Present:
Doreen DiPolito
Gina Grimes
Leslie Dougall-Sides
Michael L. Delk
Gina Clayton
Patricia O. Sullivan
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Acting Board Member
Board Member
Attorney for the Board
Assistant City Attorney
Planning Director
Assistant Planning Director
Board Reporter
The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation
and Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: August 18, 2009
Member Behar moved to approve the minutes of the regular Community Development
Board meeting of August 18, 2009, as recorded and submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
D. CONSENT AGENDA: The following case is not contested by the applicant, staff, neighboring
property owners, etc. and will be approved' by a single vote at the beginning of the meeting:
(Items1-4)
1. Case: FLD2009-06020 -1575 Sunshine Drive Level Two Application
Owner/Applicant: Brenntag Midsouth, Inc.
Agent: Rick Moore, R & D Tri Enterprises, Inc. (34 NE Crystal Street, Crystal River, FL
34428; phone: 352-794-0002; fax: 727-795-1041).
Location: 3.76 acres located on the east side of Sunshine Drive approximately 290 feet
south of the intersection of Logan Street and Sunshine Drive.
Atlas Page: 271 B.
Zoning: Industrial, Research and Technology (IRT) District.
Request: Flexible Development approval to permit an expansion of an existing Wholesale/
Distribution/Warehouse and Manufacturing facility in the Industrial, Research and Technology
(IRT) District with a lot area of 163,785 square-feet, a lot width of 135 feet, a front (west)
setback of 67 feet (to pavement), a side (west) setback of 10 feet (to building), a side (south)
setback of 42 feet (to building), a side (north) setback of 16 feet (to storage tanks) a rear (east)
Community Development 2009-09-15
6 0
3. Case: FLD2009-08029 - 1255 Cleveland Street Level Two Application
Owner/Agent: Bennetta Slaughter, Jade Group (P.O. Box 41377, Memphis, TN 38174;
phone: 901-486-8433; fax: 901-328-5595; email: benn.slaughter@gmail. com).
Location: 1.68-acre parcel located at the southeast corner of Cleveland Street and
Lincoln Avenue.
Atlas Page: 287B.
Zoning: Downtown (D) District.
Request: Flexible Development approval to permit a change of use from office to educational
facilities for a 15,212 square-foot portion of an existing 36,920 square-foot building within the
Downtown (D) District with 129 off-street parking spaces as a Comprehensive Infill
Redevelopment Project under the provisions of Community Development Code Section 2-903.C,
as well as a Termination of Status as a Nonconformity for the existing building height of 87 feet
where a height of 50 feet is permissible under current code, as per Community Development
Code Section 6-109
Proposed Use: Educational Facility
Neighborhood Associations: Skycrest Neighborhood Association; East Gateway Neighborhood
CW and Country Club Addition Neighborhood Association and Clearwater Neighborhoods
Coalition.
Presenter: Robert G. Tefft, Development Review Manager.
See Exhibit: Staff Report FLD2009-08029 2009-09-15.
Member Coates moved to approve Cases FLD2009-06020, FLD2009-07021, and
FLD2009-08029 on today's Consent Agenda based on evidence in the record, including the
applications and the Staff Reports, and hereby adopt the Findings of Fact and Conclusions of
Law stated in the Staff Reports, with conditions of approval as listed. The motion was duly
seconded and carried unanimously.
4. Pulled from Consent Agenda
Level Three Application
Case: TA2009-08008 Amendments to the Community Development Code
Applicant: City of Clearwater, Planning Department.
Request: Amendments to the Community Development Code to create the temporary use
category of Outdoor Automobile, Boat, and Recreational Vehicle Shows.
Neighborhood Association: Clearwater Neighborhoods Coalition.
Presenter: Cate Lee, Planner II.
See Exhibit: Staff Report TA2009-08008 2009-09-15.
In response to a question, Planner II Cate Lee said both Clearwater and Westfield malls
are larger than 75 acres and would qualify for this use category.
Member Coates moved to recommend approval of Case TA2009-08008 based on
evidence in the record, including the applications and the Staff Report, and hereby adopt the
Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly
seconded and carried unanimously.
E. LEVEL TWO APPLICATION: (Item 1)
Community Development 2009-09-15 3
l
a
•
Clearwater
Revised 9/15/2009
CONSENT AGENDA
COMMUNITY DEVELOPMENT BOARD
Date: Tuesday, September 15, 2009
Time: 1:00 p.m.
Place: 112 South Osceola Street, 3rd Floor,
Clearwater, Florida, 33756
(City Hall Council Chambers)
Welcome the City of Clearwater Community Development Board (CDB) meeting. The City
strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please
advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted
listening devices are available. An oath will be administered swearing in all participants in
public hearing cases. If you wish to speak please wait to be recognized, then state and spell
your name and provide your address. Persons speaking before the CDB shall be limited to
three minutes unless an individual is representing a group in which case the Chairperson may
authorize a reasonable amount of time up to 10 minutes.
Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc.
as they are distracting during the meeting.
Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a
record of the proceedings to support such appeal. Community Development Code Section 4-
206 requires that any person seeking to: personally testify, present evidence, argument and
witness, cross-examine witnesses, appeal the decision and speak on reconsideration requests
should request party status during the case discussion. Party status entitles parties to: personally
testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision
and speak on reconsideration requests.
If you have questions or concerns about a case, please contact the staff presenter from the
Planning Department listed at the end of each agenda item at 727-562-4567.
www.myclearwater.con-t/gov/depts/planning
•
Community Development Board Consent Agenda - September 15, 2009 - Page 1 of 4
• •
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Barker, Behar, Dame, DiPolito,
Alternate Member Carlough, City Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: August 18, 2009.
D. CONSENT AGENDA: 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 (Items 1-4):
1. Case: FLD2009-06020 - 1575 Sunshine Drive Level Two Application
Owner/Applicant: Brenntag Midsouth, Inc.
Agent: Rick Moore, R & D Tri Enterprises, Inc. (34 NE Crystal Street, Crystal River, FL 34428; phone:
352-794-0002; fax: 727-795-1041).
Location: 3.76 acres located on the east side of Sunshine Drive approximately 290 feet south of the
intersection of Logan Street and Sunshine Drive.
Atlas Page: 271B.
Zoning: Industrial, Research and Technology (IRT) District.
Request: Flexible Development approval to permit an expansion of an existing
Wholesale/Distribution/Warehouse and Manufacturing facility in the Industrial, Research and
Technology (IRT) District with a lot area of 163,785 square feet, a lot width of 135 feet, a front
(west) setback of 67 feet (to pavement), a side (west) setback of 10 feet (to building), a side (south)
setback of 42 feet (to building), a side (north) setback of 16 feet (to storage tanks) a rear (east)
setback of 19 feet (to pavement) and 27 feet (to building), a building height of 36.5 feet, and 25
parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community
Development Code (CDC) Section 2-1304.C. and a reduction to the landscape buffer along the rear
(east) property line from five feet to zero feet, a reduction of the landscape buffer along the side
(north) property line from five feet to zero feet, a reduction of the landscape buffer along the side
(west) property line from five feet to zero feet, a reduction to the landscape buffer along the side
(south) setback from five feet to zero feet and a reduction to required interior landscape area from 10
percent to zero percent, as a Comprehensive Landscape Program, under the provisions of CDC
Section 3-1202.G.
Proposed Use: Wholesale/Distribution/Warehouse and Manufacturing Facility.
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: A. Scott Kurleman, Planner III.
Community Development Board Consent Agenda - September 15, 2009 - Page 2 of 4
• •
Case: FLD2009-07021 - 830 Bayway Boulevard Level Two Application
Owner/Applicant: Clearwater Yacht Club, Inc.
Agent: Jay F. Myers, Myers and Associates Architecture (9170 Oakhurst Road, Suite 3B, Seminole, FL
33776; phone: 727-595-7100; fax: 727-595-7138).
Location: 1.15 acres located on the north side of Bayway Boulevard approximately 650 feet east of
the intersection of Gulf Boulevard and Bayway Boulevard.
Atlas Page: 285A.
Zoning: Tourist (T) District.
Request: Flexible Development approval (1) to permit the upgrading and expansion of an existing
social and community center in the Tourist (T) District with a lot area of 50,428 square feet, a lot
width of 410 feet, a front (south) setback of six feet (to pavement), a side (east) setback of zero feet
(to existing pavement), a side (west) setback of 14 feet (to existing shed), a rear (north) setback of
zero feet (to pavement and tiki hut), a building height of 27.5 feet (to midpoint of roof) and 50
parking spaces, and (2) to permit outdoor storage (boats) in the Tourist (T) District as a
Comprehensive Infill Redevelopment Project, under the provision of Community Development Code
(CDC) Section 2-803.C.
Proposed Use: Social and Community Center.
Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: A. Scott Kurleman, Planner III.
3. Case: FLD2009-08029 -1255 Cleveland Street Level Two Application
Owner/Agent: Bennetta Slaughter, Jade Group (P.O. Box 41377, Memphis, TN 38174; phone: 901-
486-8433; fax: 901-328-5595; email: benn.slau hg terQgmail.com).
Location: 1.68-acre parcel located at the southeast corner of Cleveland Street and Lincoln Avenue.
Atlas Page: 287B.
Zoning: Downtown (D) District.
Request: Flexible Development approval to permit a change of use from office to educational facilities
for a 15,212 square foot portion of an existing 36,920 square foot building within the Downtown (D)
District with 129 off-street parking spaces as a Comprehensive Infill Redevelopment Project under the
provisions of Community Development Code Section 2-903.C, as well as a Termination of Status as a
Nonconformity for the existing building height of 87 feet where a height of 50 feet is permissible
under current code, as per Community Development Code Section 6-109.
Proposed Use: Educational Facility.
Neighborhood Association(s): Skycrest Neighborhood Association; East Gateway Neighborhood CW
and Country Club Addition Neighborhood Association and Clearwater Neighborhoods Coalition.
Presenter: Robert G. Tefft, Development Review Manager.
4. Case: TA2009-08008 Amendments to the Community Development Code Level Three Application
Applicant: City of Clearwater, Planning Department.
Request: Amendments to the Community Development Code to create the temporary use category of
Outdoor Automobile, Boat, and Recreational Vehicle Shows.
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: Cate Lee, Planner II.
Community Development Board Consent Agenda - September 15, 2009 - Page 3 of 4
E. LEVEL TWO APPLICATION (Item 1):
1. Case: FLD2009-07022 - 26200 U.S. Highway 19 N Level Two Application
Owner/Applicant: Pssghetti's III, LLC.
Agent: Bill Kimpton (605 Palm Blvd., Dunedin, FL 34698; phone: 727-733-7500; fax: 727-733-7511;
email: bill@kiln onlaw.com).
Location: 2.05 acres located at the northwest corner of US Highway 19 and Enterprise Road.
Atlas Page: 232B.
Zoning: Commercial (C) District.
Request: Flexible Development approval to permit a restaurant in the Commercial (C) District with a
lot area of 2.05 acres; a lot width along US Highway 19 of 414 feet and along Enterprise Road of 276
feet; a front (east) setback of 74 feet (to building), zero feet (to existing roadway pavement of US
Highway 19 N exit ramp), 40 feet (to existing parking lot pavement), 46.87 feet (to courtyard patio)
and 45 feet (to courtyard wall); a front (south) setback of 62 feet (to existing building), 10 feet (to
existing pavement), 20 feet (to outdoor cafe patio) and 10 feet (to courtyard wall); a side (west)
setback of 2.5 feet (to existing pavement); a side (north) setback of 7.5 feet (to existing pavement); a
building height of 15.33 feet (to roof deck); and 87 on-site parking spaces (with an additional 73 off-
site parking spaces shared with adjacent shopping center), as a Comprehensive Infill Redevelopment
Project, under the provisions of Community Development Code (CDC) Section 2-704.C; and a
reduction to the perimeter buffer along Enterprise Road from 15 to 10 feet (to existing pavement) and
a reduction to the west side perimeter buffer from five to 2.5 feet (to existing pavement), as a
Comprehensive Landscape Program, under the provisions of CDC Section 3-1202.G.
Proposed Use: Restaurant.
Neighborhood Association(s): Woodgate 1 and II; and Clearwater Neighborhoods Coalition.
Presenter: Wayne M. Wells, AICP, Planner III.
F. CONSIDERATION OF APPEAL (Item 1):
1. Case: APP2009-00005 - 1932 Hastings Lane
Owner/Appellant: Thomas Evans (1932 Hastings Lane, Clearwater, FL 33763; phone: 727-420-
1274; fax: 727-734-3821).
Location: 0.195 acres located at the northeast corner of Hastings Lane and Barrington Drive.
Atlas Page: 253A.
Zoning: Low Medium Density Residential (LMDR) District.
Request: An appeal from a Level One (Flexible Standard Development) denial decision pursuant to
Community Development Code Section 4-501.A.3, that a requested pool and deck location is
inconsistent with the Accessory Use/Structures standards as set forth in Community Development
Code Section 3-201.B.4.
Existing Use: Detached Dwelling.
Neighborhood Association(s): Valencia Park/ Cedar Groves HOA and Clearwater Neighborhoods
Coalition.
Presenter: Matthew Jackson, Planner H.
G. ADJOURNMENT
S: (Planning DepartmentlCD BWgendas DRC & CDBICDB12009109 September 15, 20091CDR Consent Agenda September 15, 2009.doe
Community Development Board Consent Agenda - September 15, 2009 - Page 4 of 4
NOTICE OF AMENDMENT TO THE CLEARWATER COMMUNITY
DEVELOPMENT CODE
The City of Clearwater proposes to adopt the following ordinance:
ORDINANCE NO. 8098-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE TO MODIFY SUBSECTION 3-2102 "PERMITTED TEMPORARY USES" TO INCLUDE
OUTDOOR AUTOMOBILE, BOAT, AND RECREATIONAL VEHICLE SHOWS; TO MODIFY SECTION 3-2103
"STANDARDS" TO INCLUDE STANDARDS FOR THE OUTDOOR AUTOMOBILE, BOAT, AND RECREATIONAL
VEHICLE SHOWS TEMPORARY USE; TO MODIFY SECTION 8-102, "DEFINITIONS", BY AMENDING THE
DEFINITION OF "TEMPORARY RETAIL SALES AND DISPLAYS" TO INCLUDE OUTDOOR AUTOMOBILE, BOAT, AND
RECREATIONAL VEHICLE SHOWS; AND TO PROVIDE AN EFFECTIVE DATE.
The proposed ordinance will affect the land area shown on the map in this advertisement:
(INSERT MAP HERE)
Schedule of Public Hearings:
Tuesday, September 15, 2009 before the Community Development Board, at 1:00 p.m.
Thursday, October 22, 2009 before the City Council (1St Reading), at 6:00 p.m.
Thursday, November 5, 2009 before the City Council (2nd Reading), at 6:00 p.m.
All public hearings on the ordinances will be held in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola
Ave, Clearwater, Florida. TA2009-08008
Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Ave,
Clearwater, Florida.
Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to
support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and
evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at
this hearing if the right to an appeal does not exist as a matter of law.
Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or the City Clerk
prior to or during the public hearing.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES
DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES WITH THEIR
REQUEST AT (727) 562-4093.
City of Clearwater Cynthia E. Goudeau, MMC
P.O. Box 4748 City Clerk
Clearwater, Fl 33758-4748
To learn more about presenting to Clearwater boards and City Council, go to
http://clearwater.ciranicus.com/ViewPublisher.phP?view id=11 and click on "Resident Engagement Video." You can also
check the informational video out from any Clearwater public library.
0
Ad: 9/3109 & 10/23/09
Pinellas County Board of County
Commissioners
315 Court Street, 5th Floor
Clearwater, FL 33756
0 TA2009-08008
Clearwater Neighborhood Assoc.
Shelly Kuroghlian, President
1821 Springwood Circle S
Clearwater, FL 33763