05/20/2003
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COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
May 20,2003
Present: Carlen A. Petersen
David Gildersleeve
Edward Mazur, Jr.
Shirley Moran
John Doran
Alex Plisko
Kathy Milam
Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Alternate Board Member - voting
Absent: Ed Hooper
Vice-Chair
Also Present: Leslie Dougall-Sides
Lisa Fierce
Frank Gerlock
Brenda Moses
Assistant City Attorney
Assistant Planning Director
Development Review 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: April 15, 2003
Member Moran moved to approve the minutes of the regular meeting of April 15, 2003, as
submitted in written summation to each board member. The motion was duly seconded and
carried unanimously.
B. REQUESTS FOR CONTINUANCE (Items 1 - 3):
1. Case: CU96-46 - 1339, 1341, 1345 Park Street/1344 Pierce Street Level 2 Application
Owner: Society of St. Vincent de Paul of Upper Pinellas County, Inc.
Applicant: Clearwater Homeless Intervention Project (CHIP) and City Of Clearwater.
Representative: Sidney Klein, Clearwater Police Chief (work: 562-4343).
Location: 1.3 acres located on the south side of Park Street and on the north side of
Pierce Street, approximately 700 feet west of Gulf to Bay Boulevard.
Atlas Page: 287B.
Zoning: C, Commercial District.
Request: Trial period review of a previous Conditional Use application for a residential
shelter and police substation, as required under conditions of approval.
Proposed Use: An existing residential shelter, police substation and parking lot.
Neighborhood Association: Gateway Neighborhood, Pat Vaughn, 1326 Pierce St.,
Apt. #2, Clearwater, FL, 33756/727-461-7599.
Presenter: Wayne M. Wells, Senior Planner.
Assistant Planning Director Lisa Fierce said the applicant has requested a continuance
to the July 2003 COB (Community Development Board) meeting. In response to a question,
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she said according to the applicant, the funds that were to be spent by the end of June would be
reallocated.
Member Gildersleeve moved to continue Item B 1, Case CU96-46 to the July 2003 COB
meeting. The motion was duly seconded and carried unanimously.
2.
Case: FLD2003-02010 - 1353 - 1357 Park Street Level 2 Application
OwnerlApplicant: Clearwater Homeless Intervention Project, Inc.
Representative: Nina Bandoni (Turnstone Properties) (work: 727-712-1196/ fax: 727-
723-9221/ email: nina@turnstoneproperties.com).
Location: 0.29 acres located on the south side of Park Street, approximately 500 feet
west of Gulf to Bay Blvd.
Atlas Page: 287B.
Zoning: C, Commercial District.
Request: Flexible Development approval for a residential shelter for 10 residents in
eight dwelling units with a reduction of the front (north) setback from 25 feet to 21 feet (to
building), a reduction of the side (west) setback from 10 feet to five feet (to pavement),
reductions of the rear (south) setback from 20 feet to five feet (to building) and from 20
feet to zero feet (to pavement) and a reduction of required parking from five spaces to
four spaces, as part of a Comprehensive Infill Redevelopment Project, under the
provisions of Section 2-704.C, and a Comprehensive Landscape Program, with
reductions of landscape buffer widths along the west property line from 10 feet to five
feet and along the south property line from 10 feet to zero feet, under the provisions of
Section 3-1202.G.
Proposed Use: An eight dwelling unit (10 residents) transitional housing project.
Neighborhood Association: Gateway Neighborhood, Pat Vaughn, 1326 Pierce St., Apt.
#2, Clearwater, FL, 33756/727-461-7599.
Presenter: Wayne M. Wells, Senior Planner.
Member Gildersleeve moved to continue Item B2, Case FLD2003-02010, to the July 2003
COB meeting. The motion was duly seconded and carried unanimously.
3.
Case: FLD2002-10036 - 900 North Osceola Avenue Level 2 Application
Owner: Decade 80-XIV.
Applicant: Clearwater Bay Marina, LLC.
Representative: Don Harrill (work: 727-443-3207/ fax: 727-443-3349/ email:
dharrill@yahoo.com).
Location: 8.89-acres located on the east and west sides of North Osceola Avenue,
south of Nicholson Street and west of North Fort Harrison Avenue.
Atlas Page: 277B.
Zoning: 0, Downtown District.
Request: Flexible Development approval to increase the height of a building with
attached dwellings from 30 feet to 138 feet (as measured from base flood elevation), as
a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C,
and to reduce the buffer width along the north property line from 10 feet to five feet (to
fire access drive), as a Comprehensive Landscape Program, under the provisions of
Section 3-1202.G.
Proposed Use: A mixed-use development with 134 attached condominium
dwellings, four attached townhome dwellings and a 120-slip marina (62 public
slips and 58 slips reserved for condos).
Neighborhood Association(s):
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~ Old Clearwater Bay Neighborhood Association: Rowland Milam, 1844 Venetian Point
Drive, Clearwater, FL 33755/727-443-3227.
~ Edgewater Drive Homeowners Association: Chip Potts, 1150 Commodore, St.
Clearwater FL 33755/727-448-0093.
~ North Greenwood Association: Jonathon Wade, 908 Pennsylvania Ave., Clearwater
FL 33755/727-461-5291.
Presenter: Wayne M. Wells, Senior Planner.
Member Plisko moved to continue Item B3, Case FLD2002-10036, to the June 2003
CDB meeting. The motion was duly seconded and carried unanimously.
C. 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 1-10):
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1.
Case: FLD2003-003-03015 - 550 North Bayshore Boulevard Level 2 Application
Owner/Applicant: Frank and Jeannie Arcieri (home: 727-797-3212/ fax: 727-796-0045/
cell: 727-510-5045/ email: Franco@embassymortoaqe.net)
Location: 0.5-acres located on the north side of North Bayshore Boulevard,
approximately 400 feet south of Mateo Street.
Atlas Page: 283B.
Zoning: MDR, Medium Density Residential District.
Request: Flexible Development approval to permit a fence six feet in height within the
front (south) setback along Bayshore Boulevard on property within the Medium Density
Residential District, under the provisions of Section 3-804.A.1.
Proposed Use: A wrought iron-style, aluminum fence in association with an
existing single-family dwelling.
Neighborhood Association(s): Del Oro Groves Estates Neighborhood Association,
Lucille Casey, 3235 San Mateo Street, Clearwater, FL, 33759 (727-7265279/
caseyoovols@aol.com).
Presenter: Bryan Berry, Planner.
The 0.5-acre site on the north side of North Bayshore Boulevard, approximately 400 feet
south of Mateo Street, contains an existing single-family home. It is in a part of the City
characterized by attractive, well-maintained residential properties.
The proposal includes a wrought iron-style, six-foot high aluminum picket fence with
masonry-stucco columns. The proposed total price of the fence is $14,000. The fence will be
constructed 25 feet from the front (southwest) property line as measured from North Bayshore
Boulevard. It will continue along the front property line to a distance of 13 feet from the front
(southeast) property line off North Bayshore Boulevard. The proposed fence will adjoin a
similarly-styled fence on the property adjacent to the west. The proposed fence will terminate at
the side (east) property line. It is consistent with other fences and walls in the area with regard
to style, scale and placement. There are turf blocks located in the right-of-way that will need to
be removed.
Section 3-804.A.1. of the Code limits fences within the front setback to 36 inches in
height. The Code states, however, that brick or other masonry columns linked by substantial
grill work shall be permitted to a maximum height of six feet in a required front setback area as a
Level Two, Flexible Development application.
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The Development Review Committee reviewed the application and supporting materials
on April 17, 2003. The Planning Department recommends approval of the Flexible
Development to permit a fence six feet in height within the front (south) setback along North
Bayshore Boulevard on property within the Medium Density Residential District, under the
provisions of Section 3-804.A.1 , with the following bases and conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria under the provisions of
Section 3-804.A.1.
2. The proposal is in compliance with other standards in the Code including the general
applicability criteria per Section 3-913.
3. The development is compatible with the surrounding area.
Condition of Approval:
1. Turf blocks are removed from right-of-way, prior to issuance of a building permit.
See Item C10.
Case: FLD2003-03012 - 302 South Jupiter Avenue Leve/2 Application
Owner/Applicant: Golda Meir Center, Inc.
Representative: Ms. Sue Murphy, Ruden McClosky. (work: 813-222-6634/ fax: 813-
314-6934/ cell: 813-503-8900/ email: Sue.Murphy@ruden.com).
Location: 0.36-acres including Parcel A (0.29 acres) and Parcel B (0.13 acres) located
at the northwest and northeast corners of South Jupiter Avenue and Rainbow Drive,
respectively.
Atlas Page: 288B.
Zoning: C, Commercial District.
Request: Flexible Development approval to reduce the landscape buffers for Parcels A
and B, as part of a Comprehensive Landscape Program, under the provisions of Section
3-1202.G. and to permit a place of worship within the Commercial District with a
reduction in existing lot area from 40,000 square feet to 15,720 square feet, existing lot
width from 200 feet to 140 feet, as a Comprehensive Infill Redevelopment Project, under
the provisions of Section 2-704.C with the additional requests:
Parcel A: To permit 12 parking spaces designed to back into the public right-of-way
along Jupiter Avenue and Rainbow Drive; and
Parcel B: To permit a reduction in the front (west) setback along South Jupiter Avenue
from 25 feet to five feet (to curb), front (north) setback along Rainbow Drive from 25 feet
to eight feet (to curb), the side (east) setback from 10 feet to five (to curb) and the side
(south) setback from 10 feet to four feet (to pavement).
Proposed Use: A place of worship within an existing 7,137 square foot building
(Parcel A) and an accessory 14-space parking lot (Parcel B).
Neighborhood Association(s): Skycrest Neighbors, Elizabeth France 1629 Cleveland
Street, Clearwater, FL33765.
Presenter: Mark T. Parry, Planner.
. Item C2, Case FLD 2003-03012 was pulled from the Consent Agenda for discussion per
the request of a resident.
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2.
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The 0.36-acre site is comprised of Parcel A (0.23 acres) and Parcel 8 (0.13 acres) at the
southwest and southeast corners of Rainbow Drive and South Juniper Avenue, respectively.
The site is located within a transitional area bordered by the intensely developed Gulf to 8ay
80ulevard to the south and single-family dwellings to the north. Uses in the area include multi-
family residential to the east and a variety of nonresidential uses to the south and west including
offices, retail and light manufacturing/assembly.
Parcel A, generally paved and without landscaping, includes a 7,137 square foot, one-
story building (formerly housing the Golda Meir Center, a social/community center) constructed
approximately 35 years ago. An undefined driveway along the entire front (north and east)
sides of the site along Rainbow Drive and South Jupiter Avenue provides access to the site and
to all 12 existing parking spaces. None of the parking spaces are located entirely on the subject
site and a portion of each space extends and subsequently backs out into both rights-of-way.
No substantive changes are proposed for the site with this proposal outside of basic
maintenance and repair of the building as necessary.
A deteriorating, 1,479 square foot single-family dwelling built approximately 50 years ago
is located on Parcel 8 and will be demolished with this proposal. The site currently is accessed
via a circular driveway with two access points along the west side of the site from South Jupiter
Avenue. The site includes the removal of a substantial amount of asphalt paving.
The proposal includes locating a place of worship (Streams of Life Church) within the
existing 7,137 square foot building located on Parcel A and an accessory 14-space parking lot
on Parcel 8. Parcels A and 8 subsequently will be joined together through a unity of title. The
church will seat 40 people, requiring 20 parking spaces under Minimum Development
Standards. The hours of operation will be primarily during Sunday mornings. The church also
will be utilized for a small computer class on Thursday evenings and Saturday mornings and
choir practice on Saturday evenings.
The 14-space, unpaved parking lot to be located on Parcel 8 includes a paved drive
aisle bifurcating the site. Access will be provided via a single driveway along the north side of
the site from Rainbow Drive. Places of worship may have up to 85 percent of required parking
as unpaved spaces under the provisions of Section 3-1403.8.2. The proposal includes a total of
26 parking spaces, where 20 are required. Of those 26 spaces, 22 may be unpaved spaces.
Traffic Engineering will permit the existing parking spaces located on Parcel A to continue to be
located within and backing out into the right-of-way.
The request also includes a reduction in the landscape buffers for Parcels A and 8, as
part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. The
landscape buffers on Parcel A will remain at zero feet. There is no physical space on this parcel
to provide the required landscaping including buffers. Two small areas will be enhanced with
shrubs and palms. On Parcel 8, the landscape buffers will be reduced from 10 feet to six and
four feet along the front (north and east) property line, along Rainbow Drive and South Jupiter
Avenue, respectively. The landscape plan will adequately buffer the parking lot from
surrounding street rights-of-way and abutting properties. Two existing trees will be preserved
with this plan. Additional groundcover, shrubs and trees will be provided.
Solid waste services will be provided via black barrels. All stormwater requirements
have been met with this proposal.
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The Development Review Committee reviewed the application and supporting materials
on March 13, 2003. The Planning Department recommends approval of the Flexible
Development application to reduce the landscape buffers for Parcels A and B, as part of a
Comprehensive Landscape Program, under the provisions of Section 3-1202.G. and to permit a
place of worship within the Commercial District with a reduction in existing lot area from 40,000
square feet to 15,720 square feet, existing lot width from 200 feet to 140 feet, as a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C with the
additional requests:
Parcel A: To permit 12 parking spaces within the right-of-way along Jupiter Avenue and
Rainbow Drive that are designed to back into the public right-of-way; and
Parcel B: To permit a reduction in the front (west) setback along South Jupiter Avenue
from 25 feet to five feet (to curb), front (north) setback along Rainbow Drive from 25 feet to eight
feet (to curb), the side (east) setback from 10 feet to five (to curb) and the side (south) setback
from 10 feet to four feet (to pavement) for the site at 302 South Jupiter Avenue, with the
following bases and conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill
Redevelopment Project per Section 2-704.C.
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913.
3. The proposal is in compliance with the criteria as a Comprehensive Landscape Program per
Section 2-1202.G.
4. The development is compatible with the surrounding area and may enhance other
redevelopment efforts.
Conditions of Approval:
1. All signage meet the requirements of Code and be architecturally-integrated with the design
of the building with regards to color, materials and finish; and
2. All Fire Code requirements be met prior to the issuance of any permits.
In response to a question, Planner Mark Parry said the only portion of the southeast
corner of the property that will be paved with be the drive aisle. There will be turf parking on
either side of that paved area. The site will be landscaped on all sides. He said Parcel A
basically would remain as is, although staff identified some areas where the applicant could
replace some asphalt. He said properties that are not separated by more than 100 feet could
apply a unity of title to both properties. Mr. Parry said the applicant already has done so in this
case.
Charles Klug, applicant, said he is applying for a unity of title for these parcels. He said
he feels this proposal would benefit the community. He plans more intense uses such as
restaurant, retail, etc. on the site. He said there would be a total of 26 parking spaces with
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seating for 40 church members in the existing facility. He has requested a reduction in the
landscaping buffers to accommodate extra parking.
Ms. Fierce said the site is zoned C (Commercial District).
One person spoke in opposition of the application.
Ms. Fierce said the southwest corner (Parcel A) would not change. As there is no room
for landscaping, the applicant has requested a reduction in landscape buffer. On the southeast
corner, staff feels the applicant is providing enough quality materials for landscaping buffers to
make up for the lack of landscaping on the southwest corner of the property. She said currently,
vehicles back out into the street from the site and the City's traffic engineers are comfortable
with them continuing to do so.
Mr. Parry said the hours of operation for the church are less than nearly any other
permitted use on the site. He said retail service uses are permitted on the site and is also
justification for allowing vehicles to back out of parking spaces.
Mr. Klug said the property currently is vacant. He said the proposal is primarily for
church use, with parking on Thursdays and Sundays, choir practice on Saturday evenings.
Member Doran moved to approve Item C2, Case FLD2003-03012 for 302 South Jupiter
Avenue. The motion was duly seconded and carried unanimously.
3.
Case: FLD2003-03017/PL T2003-00003 - 2551 Harn Boulevard Level 2 Application
Owner/Applicant: KB Home Tampa, LLC.
Representative: Gary A. Boucher, Ozona Engineering, Inc. (work: 727-785-5494/ fax:
727-785-54941 cell: 727-365-25931 email: ozanaenq@earthlink.net).
Location: 5.06 acres located on the south side of Harn Boulevard, approximately 350
feet west of U.S. Highway 19 North.
Atlas Pages: 309B and 317B.
Zoning: MDR, Medium Density Residential District (Parcel 1) and MHDR, Medium High
Density Residential District (Parcel 2).
Request: Flexible Development approval to modify a previously approved site plan (for
Parcel 2) to reduce the required lot width from 150 feet to 70 feet for attached dwellings,
reduce the front (north) setback along Harn Boulevard from 25 feet to 18 feet (to
pavement), reduce the side (west) setback from 10 feet to four feet (to pavement) and
reduce the side (east) setback from 10 feet to zero feet (to pavement) and to eliminate a
four-foot high fence or wall to screen off-street parking from view from Harn Boulevard,
as part of a Residentiallnfill Project, under the provisions of Section 2-404.F, and
Preliminary Plat approval for 80 lots.
Proposed Use: An attached dwelling project with 80 units.
Neighborhood Association: None.
Presenter: Michael Reynolds, Senior Planner.
Item C3, Case FLD 2003-03017 IPL T2003-00003 was pulled from the Consent Agenda
for discussion per the request of a resident.
This 5.06-acre, L-shaped site has frontage on both US Highway 19 Nand Harn
Boulevard and is composed of two parcels. The site from Harn Boulevard to the tree line (south
end of the property) is relatively flat. At the tree line, there is a noticeable downward change in
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slope. Parcel 1 is 4.31 acres, has 48 feet of frontage on US Highway 19 N, and is west of the
former Denny's Restaurant site. It is zoned MDR, Medium Density Residential District and is
designated as RM, Residential Medium Category. Parcel 2 is 0.75-acres, has 70 feet of
frontage on Harn Boulevard, and abuts a parcel with a 2,400 square foot office building. It is
zoned MHDR, Medium High Density Residential District and is designated as RH, Residential
High Category. An earlier site plan (FLD 02-04-10A) for this location was approved for 86
residential units. The main differences between what was approved previously and what is
being proposed is the number of residential units, layout of the buildings, and the shape of the
site's northern lot lines. The current proposal is to develop 80 town homes. The original
approval had a swimming pool on site that was removed by an amended plan. The current
proposal shows a picnic area along the southeast corner of the site. The office building abutting
Parcel 2 has been reviewed under a Flexible Standard Development application (Case No. FLS
02-04-32).
The proposal is to construct 80 attached dwellings in eight, six-unit residential
condominium buildings and eight, four-unit residential condominium buildings. The proposal
includes a reduction of the lot width for attached dwellings in the MHDR District from 150 feet to
70 feet. This proposed lot width is necessary to provide a 100-foot lot width for the adjacent
office building site. Sole access for the proposed attached dwellings will be from Harn
Boulevard through the office lot by a proposed access easement.
Due to the dimensions and shape of the property, the proposed townhouses are
arranged in a linear type fashion with the access drive aisle and parking located within the
middle of the project. A segment of the access driveway and drive aisle on Harn Boulevard is
proposed on the office lot, which will require an ingress/egress easement to be recorded
through the subdivision process. Due to the location of this access drive aisle and the parking
layout, the proposal includes a reduction in the side setback (to pavement adjacent to the office
lot) from 10 feet to zero feet.
A total of 15 parking spaces are required for the units on Parcel 2, where only 14 spaces
are provided. However, the overall site plan is proposing 14 (134 total) more parking spaces
than the minimum 120 parking space requirement for the 80 residential units.
The site will be well landscaped, which will greatly improve the appearance of the site
along Harn Boulevard. To buffer the use from adjacent commercial uses, a solid, six-foot high,
wooden fence is proposed along those property lines. Four ponds with landscaping are
proposed on the site. The largest pond proposed is to be constructed at the rear of the
TravelMart building. The TravelMart building is a one-story structure at 2575 Harn Boulevard.
TravelMart is on a lot immediately abutting the proposed development site, east and north of
Parcel 2.
A tree preservation plan is to be provided as a condition of Flexible Development
approval. A tree protection detail is shown on the landscape plan. The site demolition plan is
labeled with tree barricades, indicating trees to be preserved.
There are four dumpsters proposed on site, all fenced with gates and on concrete pads.
The size of the fenced enclosures will accommodate the placement of both recycling bins and
dumpsters. A proposed monument sign meets Code. The sign with landscaping will be located
west of the access at Harn Boulevard.
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A preliminary plat has been submitted for CDB approval in conjunction with the site plan.
Prior to the issuance of any building permits for the townhouses, a final plat must be approved
by the City Commission and recorded in Pinellas County.
The Development Review Committee reviewed the application and supporting materials
on April 17, 2003. The Planning Department recommends approval of the Flexible
Development request to modify a previously approved site plan (for Parcel 2) to reduce the
required lot width from 150 feet to 70 feet for attached dwellings, reduce the front (north)
setback along Ham Boulevard from 25 feet to 18.9 feet (to pavement), reduce the side (west)
setback from 10 feet to four feet (to pavement), reduce the side (east) setback from 10 feet to
zero feet (to pavement) and to eliminate a four-foot high fence or wall to screen off-street
parking from view from Ham Boulevard, as part of a Residentiallnfill Project, under the
provisions of Section 2-404.F, to reduce the landscape buffer on Parcel 1 from 10 feet to five
feet along the northeast and south property lines, as part of a Residentiallnfill Project, under the
provisions of Sections 2-404.F and 2-304.G, with the following bases and conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria as a Residentiallnfill
Project under the provisions of Sections 2-404.F and 2-304.G.
2. The proposal is in compliance with other standards in the Code, including the General
Applicability Criteria per Section 3-913.
3.
The development is compatible with the surrounding area.
Conditions of Approval:
1. No building permits be issued until recording of the final plat;
2. All required Open Space, Recreation Land and Recreation Facility and Transportation
Impact Fees be paid prior to the issuance of a Certificate of Occupancy for each unit;
3. Evidence of a SWFWMD permit and DEP permit for water and sewer are submitted to
Staff prior to the issuance of any permits;
4. All Engineering, Fire, and Stormwater Code requirements are to be met prior to the
issuance of any permits;
5. A blanket water system easement is to be dedicated, prior to the issuance of the first
building permit;
6. All signage meet Code and be architecturally-integrated into the design of the site and/or
buildings; and
7. A Tree Preservation Plan, prepared by a Certified Arborist, be submitted prior to the
issuance of the first building permit showing impacts to the critical root zones (drip lines) and
how these impacts will be addressed.
One person spoke in opposition of the application.
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Ms. Fierce said that the applicant is proposing a six-foot wooden fence along the
property line near where the resident in opposition expressed concern about access.
Doug Draper, representing the applicant, said information regarding the project including
dust during construction, etc. was offered to nearby residents.
Discussion ensued regarding the pertinence of the 48-foot non-exclusive easement. In
response to a question, Mr. Draper said the easement would remain vacant. He said the
easement was included in the open space calculations and although he is losing 48 feet, the
applicant would pay applicable impact fees on it. Concern was expressed the easement could
become an issue in the future requiring the applicant to amend this application. It was
remarked, however, that the CDB was only to consider the facts of this application as they have
been submitted today. The applicant is aware of the issues related to the easement.
Member Plisko moved to approve Item C3, Case FLD2003-03017 /PL T2003-00003, for
property at 2551 Harn Boulevard. The motion was duly seconded and carried unanimously.
4.
Case: FLD2002-12044 - 100 North Lady Mary Drive Level 2 Application
Ownerl Applicant: Michael Drazkowski, Midnight Rose, Inc.
Representative: Mr. Pierre Cournoyer (work: 727-410-3692/ fax: 727-467-9494).
Location: 0.31-acres located on the west side of North Lady Mary Drive, approximately
450 feet north of Cleveland Street.
Atlas Page: 287B.
Zoning: MHDR, Medium High Density Residential District.
Request: Flexible Development approval to reduce the side (north and south) setbacks
from 10 feet to six feet (to building), reduce the rear (west) setback from 15 feet to 11
feet (to patio), reduce the lot area from 15,000 square feet to 13,483 square feet and
reduce the lot width from 150 feet to 100 feet, as part of a Residentiallnfill Project under
the provisions of Section 2-402.G.
Proposed Use: Four townhomes within a two-story, 3,849 square foot building.
Neighborhood Association(s): Gateway Neighborhood, Pat Vaughn, 1326 Pierce St.,
Apt. #2, Clearwater, FL, 33756/727-461-7599.
Presenter: Mark T. Parry, Planner.
The 0.31-acre site on the west side of North Lady Mary Drive, approximately 450 feet
north of Cleveland Street is along a highly developed area between Cleveland and Drew
Streets. The site is vacant and paved to within a few feet of all property lines. The site has one
existing driveway along the east property line (North Lady Mary Drive).
The proposal includes constructing four, common wall townhomes within a two-story,
3,849 square foot building. It will be 21 feet high (as measured to the midpoint of the peak of
the roof) with two floors of living area and enclosed one-car garages. The building will contain
four individual dwelling units, each approximately 962 square feet in area. The proposed
building will be six feet from the side (north and south) property lines, 63 feet from the front
(east) property line along North Lady Mary Drive, and 15 feet from the rear (west) property line.
The proposal includes eight parking spaces, exceeding Code requirements. Each unit will have
a one-car garage and its own driveway, a minimum of 20 feet long, which will accommodate
parking for a second car. A main access drive with a single driveway along North Lady Mary
Drive will provide access to each unit. The development will operate as and have the
characteristics of single-family homes.
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The request is to reduce the side (north and south) setbacks from 10 feet to six feet (to
building), reduce the rear (west) setback from 15 feet to 11 feet (to patio), reduce the lot area
from 15,000 square feet to 13,483 square feet, and reduce the lot width from 150 feet to 100
feet, as part of a Residentiallnfill Project under the provisions of Section 2-402.G. The site is
similar in size and scale to other properties in the neighborhood and was platted in 1924.
Adjacent properties have been developed with attached dwellings, thus eliminating the
possibility of the applicant acquiring additional property and meeting the minimum lot width and
area requirements.
The site has a land use classification of Residential High, which allows for a maximum
density of 30 dwelling units per acre, which equates to nine units for this site. The site will be
developed with four dwellings units less than one-half the density allowed.
The colonial-style architecture of the building will include vinyl siding and a green-color,
dimensional asphalt shingle roof with windows on all elevations. The front elevation is further
articulated through the use of varying colors designed to identify separate units. Shutters also
are provided on the front elevation.
The landscape plan exceeds the requirements of Code. However, staff recommends
some changes including: replacing the East Palatka Hollies with Dahoon Hollies, locating
cypress and/or red maples within and around the retention pond located on the east side of the
site and providing additional low-growing plant material within the islands (separating the
driveways in addition to the specified liriope). Trees identified by staff as worthy or preservation
have been preserved with this proposal.
. No signs are proposed with this development. Solid waste will be removed via black
barrel service for each unit. All required Parks and Recreation fees will be required to be paid
prior to the issuance of any building permits. All stormwater requirements have been met.
The Development Review Committee reviewed the application and supporting materials
on January 16, 2003 and February 13, 2003. The Planning Department recommends approval
of the Flexible Development application Flexible Development approval to reduce the side
(north and south) setbacks from 10 to six feet (to building), reduce the rear (west) setback from
15 to 11 feet (to patio), reduce the lot area from 15,000 to 13,483 square feet, and reduce the
lot width from 150 to 100 feet, as part of a Residentiallnfill Project under the provisions of
Section 2-402.G, for the site at 100 North Lady Mary Drive, with the following bases and
conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria as a Residential Infill Project
per Section 2-404.G.
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913.
3. The development is compatible with the surrounding area and will enhance other
redevelopment efforts.
. Conditions of Approval:
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.
.
.
1. The final design and color of the building be consistent with the conceptual elevations
submitted or as modified by the COB;
2. Solid waste be accommodated through the use of black barrel service to be removed from
curb;
3. Evidence of a SWFWMD permit or exemption is submitted to Staff prior to the issuance of
any permits;
4. All required Parks and Recreation and Transportation Impact Fees be paid prior to the
issuance of a Certificate of Occupancy;
5. All required Fire Code requirements be paid prior to the issuance of any permits;
6. All unused drive aprons be removed prior to the issuance of a Certificate of Occupancy;
7. All signage meet the requirements of Code and be designed according to a common theme
including similar style, color, material and other characteristics to provide a sense of uniformity;
and
8. A Tree Preservation Plan be submitted to and approved by Staff, prior to the issuance of any
permits, to include impacts to the critical root zones (drip lines), tree barricade limits (2/3 of the
drip line and/or in the root prune lines if required) and a Code compliant tree barricade detail;
and any other pertinent information relating to tree preservation.
See Item C10.
5.
Case: FLD2003-03016 - 2701,2720,2751 and 2770 Regency Oaks Blvd. Leve/2 Application
Owners/Applicants: Regency Oaks, LLC & Sylvan Health Properties, LLC.
Representative: E. D. Armstrong, III, Esquire (work: 727-461-1818, fax: 727-462-0365,
email: ed@jbpfirm.com).
Location: 39.61-acres located on the west side of Soule Road, approximately 1,000 feet
north of Sunset Point Road.
Atlas Page: 255A.
Zoning:
ExistinQ: LMDR, Low Medium Density Residential District, I, Institutional District and P,
Preservation District.
Proposed: I, Institutional District and P, Preservation District (Companion case
LUZ2003-03002).
Request: Flexible Development approval to permit on Tract A: an existing, 530-bed
assisted living facility, with an increase in height from 50 feet to 65.9 feet for two existing,
five-story buildings, reductions of the side (west and south) setbacks from 20 feet to zero
feet (to pavement) and a reduction of the required parking spaces from 588 spaces to
494 spaces, and to permit on Tract B: an existing 120-bed nursing home, with a
reduction of the front (east) setback from 25 feet to zero feet (to pavement) and
reductions of the side (north) setback from 10 feet to zero feet (to pavement), as part of
a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-
1204.A.
Proposed Use: An existing assisted living facility and nursing home.
Neighborhood Association{s): Virginia Groves, Paula Clemens, 1746 St. Croix Dr.,
Clearwater FL 33759.
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.
Presenter: Wayne M. Wells, Senior Planner.
Member Mazur declared a conflict of interest.
The 39.61-acre site on the west side of Soule Road, approximately 1000 feet north of
the Sunset Point Road, is developed with a 530-bed ALF and a 120-bed nursing home. The
property to the east across Soule Road is developed with a cemetery. Office uses and a mobile
home park are adjacent to the west. Single-family dwellings are adjacent to the north and
south.
The site is zoned LMDR, Low Medium Density Residential District, I, Institutional District
and P, Preservation District. There is a related request (LUZ2003-03002) to amend the land
use classification from Residential Urban to Institutional and to rezone from LMDR District to
Institutional District, so that the overall property is classified and zoned Institutional and
Preservation. The ALF on Tract A is a nonconforming use under the LMDR District. The land
use and rezoning request would change the ALF from a nonconforming use, to a conforming
use and to allow for the future expansion of the nursing home on Tract B under conforming land
use and zoning.
.
The Regency Oaks project was constructed in 1991. The applicant is seeking to
legitimize the property lines for Tracts A and B. Tract A is developed with a 530-bed ALF and
Tract B is developed with a 120-bed nursing home. The applicant sought to divide the property,
to provide for the sale of the nursing home separately from the assisted living facility. The new
lot lines create internal zero setbacks (to pavement) and do not affect surrounding properties.
Zero setbacks to pavement would have been created, regardless of how or where lot lines were
placed on the drawing. There are no buildings or pavement proposed with this request. The
applicant also seeks to reduce the required parking for the ALF on Tract A from 588 spaces to
the existing 494 spaces. Parking has been determined to be adequate for the existing number
of beds and staff, as many parking spaces are not used on any given day. Many of the
residents do not own vehicles and there are alternative means of transportation (ALF buses).
The five-story ALF buildings on Tract A are nonconforming under the current zoning and
exceed the allowable height under the proposed Institutional District. The applicant seeks to
have the height of 65.9 feet approved through the Comprehensive Infill Redevelopment Project
use request, to allow for reconstruction in the event of damage or destruction in excess of 50
percent of the structures' valuations. These structures are located centrally in the site and do
not encroach upon the abutting single-family dwellings to the north and south. The tree canopy
helps mitigate the height of buildings, effectively screening or minimizing their view from
adjoining streets and development.
A brick wall (six feet high) enhanced with external landscaping exists along the street
frontages of Soule Road (on the east) and Union Street (on the north). The site is otherwise
buffered from adjacent single-family properties along the north and south sides by a six-foot
high solid wood fence. Wetland vegetation and a six-foot high hedge provide buffering along
the west property line.
.
There is a common maintenance area on the northwest corner of Tract A, which
includes their trash container. The applicant is proposing to relocate a shed, ramp, and
maintenance trailer outside of an existing 15-foot wide utility easement. The shed, ramp, and
maintenance trailer must be relocated to meet a 10-foot side setback, as well as not
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.
.
encroaching into the utility easement. The west side of this maintenance area also should be
enhanced with a continuous hedge or vines for buffering of the adjacent offices.
The only existing signage is on the brick wall on both sides of the site entrance on Soule
Road. The applicant is not proposing any changes to signage. Directional signs that are not
readable from abutting roadways are located within the property to direct drivers to various
buildings on-site. Any future freestanding signage should be designed as a monument sign at a
maximum height of six feet above grade consistent with the materials and color as the principal
building or the brick frontage wall.
The Development Review Committee reviewed the application and supporting materials
on April 17, 2003. The Planning Department recommends approval of the Flexible
Development request to permit on Tract A: an existing, 530-bed assisted living facility, with an
increase in height from 50 feet to 65.9 feet for two existing, five-story buildings, reductions of the
side (west and south) setbacks from 20 feet to zero feet (to pavement) and a reduction of the
required parking spaces from 588 spaces to 494 spaces, and to permit on Tract B: an existing
120-bed nursing home, with a reduction of the front (east) setback from 25 feet to zero feet (to
pavement) and reductions of the side (north) setback from 10 feet to zero feet (to pavement), as
part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-
1204.A, for the site at 2701, 2720, 2751 and 2770 Regency Oaks Boulevard, with the following
bases and conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill
Redevelopment Project per Section 2-1204.A.
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913.
3. The development is compatible with the surrounding area.
Conditions of Approval:
1. Approval of this request be subject to the approval of the companion Case LUZ2003-03002;
2. The three parcel identification numbers for Tract A be recombined by the Pinellas County
Property Appraiser under one parcel number with one owner or a Unity of Title document be
recorded in the public records tying the three parcel identification numbers together as one
parcel for Tract A by December 31,2003;
3. Any future division of either Tract A or Tract B be subdivided in accordance with City
subdivision regulations;
4. The applicant submit site and building plans for staff review by December 31, 2003, for the
purpose of obtaining building permits to relocate the maintenance building and shed existing in
the northwest corner of Tract A outside of the 15-foot wide utility easement and to meet the
required side setback of 10 feet. The site plan shall include a continuous hedge or vines to be
planted along the west property line adjacent to the office building for screening and buffering
purposes. The continuous hedge or vines shall be planted in an amount and location acceptable
to staff and allowed to grow to a six-foot height (within a three year time period); and
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. 5. Any future freestanding signage be designed as a monument sign at a maximum height of
six feet above grade and consistent with the materials and color as the principal building or the
brick frontage wall.
.
.
See Item C10.
6.
Case: LUZ2003-03002 - 2701, 2720, 2751 and 2770 Regency Oaks Blvd. Level 3 Application
Owners/Applicants: Regency Oaks, LLC & Sylvan Health Properties, LLC.
Representative: E. D. Armstrong, III, Esquire (work: 727-461-1818, fax: 727-462-0365,
email: ed@jbpfirm.com).
Location: 35.7-acres located on the west side of Soule Road, approximately 1,000 feet
north of Sunset Point Road.
Atlas Page: 255A.
Request:
(a) Land Use Plan amendment from RU, Residential Urban Classification to the INS,
Institutional Classification; and
(b) Rezoning from the LMDR, Low Medium Density Residential District to the I,
Institutional District.
Proposed Use: Existing nursing facility and assisted living facility.
Neighborhood Association{s): Virginia Groves, Paula Clemens, 1746 St. Croix Dr.,
Clearwater FL 33759.
Presenter: Marc A. Mariano, Planner.
Member Mazur declared a conflict of interest.
The Future Land Use Plan amendment and Rezoning application involves four parcels
of land, approximately 35.7 acres in area, and is occupied by two assisted living facilities
containing 530 beds and one skilled nursing facility containing 120 beds, all totaling 146,524
square feet of building area. In 1987, the site was annexed into the City and zoned Residential
Planned Development (RPD), which permitted the current uses as congregate care, and
developed pursuant to a certified site plan. In 1999, when the City adopted the revised
Community Development Code, the site's zoning designation was reclassified to the LMDR,
Low Medium Density Residential District, rendering it consistent with the underlying Residential
Urban (RU) Future Land Use Plan category and making the use non-conforming. The applicant
is proposing to amend the Future Land Use Plan designation of this property from the
Residential Urban (RU) category to the Institutional (INS) category and to rezone it from the
LMDR, Low Medium Density Residential District to the I, Institutional District to render this site
conforming.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Based on the acreage involved in this plan amendment, review
and approval by the Florida Department of Community Affairs is required.
An amendment to the Future Land Use Plan from Residential Urban (RU) to Institutional
(INS) and a rezoning from the LMDR, Low Medium Density Residential District to the I,
Institutional District for the subject property is necessary to bring this existing non-conforming
use into compliance with the Community Development Code. The neighborhood is surrounded
by single-family residential dwellings to the north and south; a cemetery to the east; and a
mobile home park and offices to the west.
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. The proposed Institutional Future Land Use Plan classification and Institutional zoning
district are consistent with both the City and the Countywide Comprehensive Plans, is
compatible with the surrounding area, does not require nor affect the provision of public
services, is compatible with the natural environment and is 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 2701, 2720, 2571 and 2770
Regency Oaks Boulevard from Residential Urban (RU) to Institutional (INS), and 2) amend the
zoning district designation of 2701 , 2720, 2571 and 2770 Regency Oaks Boulevard from the
LMDR, Low Medium Density Residential District to the I, Institutional District.
See Item C10.
7.
Case: ANX2003-02004 - 3119 San Mateo Street Leve/3 App/ication
Owner/Applicant: Zivan Jovanov (305-345-2039).
Location: 0.16-acres located on the south side of San Mateo Street, approximately 200
feet east of McMullen Booth Road and 1,500 feet north of Drew Street.
Atlas Page: 283A.
Request:
(a) Annexation of 0.16 acres to the City of Clearwater;
(b) Land Use Plan amendment from the RU, Residential Urban Classification (County)
to the RU, Residential Urban Classification (City); and
(c) Rezoning from the R-3, Single Family Residential District (County) to the LMDR, Low
Medium Density Residential District (City).
Proposed Use: Single-family dwelling.
Neighborhood Association(s): Del Oro Groves Estates Neighborhood Association;
Lucille Casey, 3235 San Mateo Street, Clearwater, FL 33759.
Presenter: Marc A. Mariano, Planner.
.
The subject property is on the south side of San Mateo Street, approximately 200 feet
east of McMullen Booth Road and 1,500 feet north of Drew Street. The applicant is requesting
this annexation to receive City sewer and water service. The property is contiguous with the
City boundaries to the north and south; therefore, the proposed annexation is consistent with
Florida Statutes with regard to voluntary annexation. The vacant site is approximately 0.16
acres in area. It is proposed that the property have a Future Land Use Plan designation of
Residential Urban (RU) and a zoning category of LMDR, Low Medium Density Residential.
The proposed annexation can be served by City of Clearwater services, including
sanitary sewer, water, solid waste, police, fire and emergency medical services without any
adverse effect on the service level. The applicant has paid the required water impact fee and
sanitary sewer impact fee and assessment fee and is also aware of the additional cost to
connect the property to the City sewer and water systems.
.
The proposed annexation and proposed use are consistent with the City's
Comprehensive Plan and the Countywide Plan with regard to both the Future Land Use Map as
well as the goals and policies. The future use of this site as a single-family attached dwelling 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 3119 San
Mateo Street; 2) approval of the Residential Urban (RU) category pursuant to the City's
Comprehensive Plan; and 3) approval of the LMDR, Low Medium Density Residential zoning
district pursuant to the City's Community Development Code.
See Item C10.
8. Case: ANX2003-03005 - 1837 Beverly Circle Level 3 Application
Owners/Applicants: Jennifer and Thomas Lechner (727-441-3467).
Location: 0.31-acres located on the south side of Beverly Circle, approximately 400 feet
north of Lakeview Road and 540 feet east of Keene Road.
Atlas Page: 308A.
Request:
(a) Annexation of 0.31 acres to the City of Clearwater;
(b) Land Use Plan amendment from the RL, Residential Low Classification (County) to
the RL, Residential Low Classification (City); and
(c) Rezoning from the R-3, Single Family Residential District (County) to the LDR, Low
Density Residential District (City).
Proposed Use: Existing single-family dwelling.
Neighborhood Association(s): None.
Presenter: Marc A. Mariano, Planner.
The subject property is on the south side of Beverly Circle North at 1837 Beverly Circle
North, approximately 400 feet north of Lakeview Road and 540 feet east of Keene Road. The
applicant is requesting this annexation to receive City sewer service. The property is
contiguous with the City boundaries to the south and east; therefore, the proposed annexation is
consistent with Florida Statutes with regard to voluntary annexation. The site is approximately
0.31 acres in area and is occupied by an existing single-family detached dwelling. It is
proposed that the property have a Future Land Use Plan designation of Residential Low (RL)
and a zoning category of LDR, Low Density Residential.
The proposed annexation can be served by City of Clearwater services, including
sanitary sewer, solid waste, police, fire, and emergency medical services without any adverse
effect on the service level. The applicant has paid the required sanitary sewer impact fee and
assessment fee and is also aware of the additional cost to connect the property to the City
sewer system.
The proposed annexation and existing use are consistent with the City's Comprehensive
Plan and the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future
Land Use Map and the goals and policies. The existing and future use of this site as a single-
family detached dwelling is consistent with the LDR 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.
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 1837 Beverly
Circle North; 2) approval of the Residential Low (RL) category pursuant to the City's
Comprehensive Plan; and 3) approval of the LDR, Low Density Residential zoning district
pursuant to the City's Community Development Code.
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.
.
.
See Item C10.
9.
Case: ANX2003-03006 -1517 Calamondin Lane Level 3 Application
Owners/Applicants: Ray and Melanie Lee (727-725-8144).
Location: 0.21-acres located on the east side of Calamondin Lane, approximately 330
feet south of State Route 590.
Atlas Page: 273A.
Request:
(a) Annexation of 0.21 acres to the City of Clearwater;
(b) Land Use Plan amendment from the RL, Residential Low Classification (County) to
the RL, Residential Low Classification (City); and
(c) Rezoning from the R-3, Single Family Residential District (County) to the LMDR, Low
Medium Density Residential District (City).
Proposed Use: Existing single-family dwelling.
Neighborhood Association(s): Wood Valley Neighborhood Watch, Margaret Jetton,
2808 Applewood Drive, Clearwater, FL 33759.
Presenter: Marc A. Mariano, Planner.
The subject property is on the east side of Calamondin Lane, approximately 330 feet
south of State Route 590. The applicant is requesting this annexation to receive City sewer
service. The property is contiguous with the existing City boundaries to the south and west;
therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary
annexation. It is proposed that the abutting right-of-way not currently within City limits also be
annexed. The subject site is approximately 0.21 acres in area and is occupied by a single-
family detached dwelling. It is proposed that the property have a Future Land Use Plan
designation of Residential Low (RL) and a zoning category of LMDR, Low Medium Density
Residential.
The proposed annexation can be served by City of Clearwater services, including
sanitary sewer, solid waste, police, fire, and emergency medical services without any adverse
effect on the service level. The applicant has made arrangements to begin paying the required
assessment fee and is aware of the additional costs to connect the property to the City sewer
system.
The proposed annexation and existing use are consistent with the City's Comprehensive
Plan and the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future
Land Use Map as well as the 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.
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 1517
Calamondin Lane; 2) approval of the Residential Low (RL) category pursuant to the City's
Comprehensive Plan; and 3) approval of the LMDR, Low Medium Density Residential zoning
district pursuant to the City's Community Development Code.
See Item C10.
10.
Case: ANX2003-03007 - 1709 Grove Drive
Level 3 Application
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.
Owners/Applicants: William Garced and Lydia Ortiz Garced (727-724-1879).
Location: 0.18-acres located on the east side of Grove Drive, approximately 150 feet
north of State Route 590.
Atlas Page: 264A.
Request:
(a) Annexation of 0.18 acres to the City of Clearwater;
(b) Land Use Plan amendment from the RL, Residential Low Classification (County) to
the RL, Residential Low Classification (City of Clearwater); and
(c) Rezoning from the R-3, Single Family Residential District (County) to the LMDR, Low
Medium Density Residential District (City).
Proposed Use: Existing single-family dwelling.
Neighborhood Association{s): Virginia Groves, Paula Clemens 1746 St. Croix Dr.,
Clearwater FL 33759.
Presenter: Marc A. Mariano, Planner.
The subject property is on the east side of Grove Drive, approximately 150 feet north of
State Route 590. The applicant is requesting this annexation in order to receive City sewer
service. The property is contiguous with the existing City boundaries to the east; therefore, the
proposed annexation is consistent with Florida Statutes with regard to voluntary annexation.
The subject site is approximately 0.18 acres in area and is occupied by an existing single-family
detached dwelling. It is proposed that the property have a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of LMDR, Low Medium Density Residential.
.
The proposed annexation can be served by City of Clearwater services, including
sanitary sewer, solid waste, police, fire and emergency medical services without any adverse
effect on the service level. The applicant has paid the required sanitary sewer impact fee and
assessment fee and is also aware of the additional cost to connect the property to the City
sewer system.
The proposed annexation and existing use are consistent with the City's Comprehensive
Plan and the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future
Land Use Map and the goals and policies. The existing and future use of this site as a single-
family detached dwelling 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 concentration.
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 1709 Grove
Drive' 2) approval of the Residential Low (RL) category pursuant to the City's Comprehensive
Plan; and 3) approval of the LMDR, Low Medium Density Residential zoning district pursuant to
the City's Community Development Code.
Member Gildersleeve moved to approve Consent Agenda Items C1, Case FLD2003-
003-03015 for 550 North Bayshore Boulevard; Item C4, Case FLD2002-12044 for 100 North
Lady Mary Drive; Item C7, Case ANX2003-02004 for 3119 San Mateo Street; Item C8, Case
ANX2003-03005 for 1837 Beverly Circle; Item C9, Case ANX2003-03006 for 1517 Calamondin
Lane; and Item C10, Case ANX2003-03007 for 1709 Grove Drive. The motion was duly
seconded and carried unanimously.
. Member Gildersleeve moved to approve Consent Agenda Item C5, Case FLD2003-
03016 for 2701,2720,2751, and 2770 Regency Oaks Boulevard, and Item C6, Case LUZ2003-
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03002 for 2701, 2720, 2751, and 2770 Regency Oaks Boulevard. The motion was duly
seconded and carried unanimously. Member Mazur abstained.
D. NON-CONSENT AGENDA (Item 1):
1. Case: FLD2003-03013 - 20 Island Way Level 2 Application
Owner/Applicant: City of Clearwater, William Morris, Director of Marine and Aviation.
Representative: William Woods; Woods Consulting, Inc. (fax: 727-786-7479/ work: 727-
786-5747/ cell: 727-204-1134/ email: billwoods((i)woodsconsultinq.orq).
Location: 2.1-acres located on the west side of Island Way, approximately 400 feet
north of Causeway Boulevard.
Atlas Page: 267B.
Zoning: P, Preservation District.
Request: Flexible Development approval for the construction of a City-operated, public,
commercial dock (nine new slips) at 20 Island Way, under the provisions of Section 3-
601.
Proposed Use: A nine-slip, (public) commercial dock to be owned and operated by
the City of Clearwater.
Neighborhood Association: Island Estates Civic Association, P. O. Box 3154,
Clearwater, FL, 33767.
Presenter: Mark T. Parry, Planner.
.
The 2.1-acre site on the west side of Island Way, approximately 400 feet north of
Causeway Boulevard, consists entirely of submerged land and is located completely within the
public right-of-way. It is bordered by 20 Island Way (Island Way Grill) to the north and Island
Way to the east and is currently undeveloped. The site is at the terminus of the waterway in
which it is located. The area is characterized by multi-family residential developments, primarily
to the northeast, and a variety of nonresidential uses including gas stations, boat sales, places
of worship, retail sales and service and restaurants.
Section 3-601.C.3 requires docks constructed or maintained by the City of Clearwater to
be reviewed as part of a Level Two, Flexible Development application. The applicant (the City
of Clearwater) seeks to construct a nine-slip dock within the public right-of-way along the south
side of 20 Island Way. The proposed City-owned and operated dock will serve as an amenity to
the citizens and tourists of Clearwater and is consistent with the existing pattern of docks in the
area. This dock will have no launching area. There will be no commercial activities at this dock
including bait sales, vending, etc. or overnight docking. The un-staffed dock will on a first
come/first served basis and will be free to the public.
The proposed dock has been specifically designed to discourage boat access over
marine grassbeds and other aquatic resources in the surrounding area, including a small
grassbed, 750 square feet in area, located in the far northeast corner of the site. Signage will be
permanently installed containing wording warning boaters of the existence of protected sea
grasses and manatees in the vicinity. There is approximately 300 feet between the end of the
proposed dock and the southern edge of the waterway along Causeway Boulevard.
.
The dock will be located in an area with a minimum water depth of nine feet, providing
adequate depths to avoid prop dredging. The surrounding waterway to the south has depths of
up to 12 feet.
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.
.
.
An access easement will be required to be granted by the property adjacent to the north
of the subject site. A five-foot wide sidewalk will be located along the seawall and will connect
to an existing sidewalk along Island Way. This should be granted prior to the issuance of any
permits.
Prior to the issuance of building permits for the dock, the applicant will need to show
compliance with National Fire Protection Association (NFPA) standards for "marinas and
boat yards" for the construction and operation of the docking facilities. A Water Navigation
Permit and a Department of Environmental Protection permit will be required to be approved by
Pinellas County and the State prior to the issuance of building permits.
The Development Review Committee reviewed the application and supporting materials
on April 17, 2003. The Planning Department recommends approval of the Flexible
Development for the construction of a City-operated, commercial dock (nine new slips) at 20
Island Way, under the provisions of Section 3-601, with the following bases and conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria under the provisions of Section
3-601.C.3.
2. The proposal is in compliance with other standards in the Code including the general
applicability criteria per Section 3-913.
3. The dock development is compatible with the surrounding area.
Conditions of Approval:
1. Pinellas County Water Navigation, Florida Department of Environmental Protection (FDEP),
U.S. Army Corps of Engineers and Southwest Florida Water Management District (SWFMD)
permits be approved, prior to the issuance of building permits;
2. The National Fire Protection Association (NFPA) 303 standards for "marinas and boatyards"
be met to the satisfaction of the Fire Department, prior to the issuance of building permits;
3. There be no commercial activities at the dock (bait sales, vending, etc.);
4. An access easement be granted by the property adjacent to the north of the subject site prior
to the issuance of any permits; and
5. Signage be permanently installed containing wording warning boaters of the existence of
protected sea grasses and manatees in the vicinity.
Ms. Fierce stated that this item was not included on the Consent Agenda due to two
letters of opposition staff received.
Mr. Parry said Marine & Aviation Director Bill Morris has indicated that there is more than
sufficient room in the channel for any increase in boat traffic, therefore staff does not feel the
creation of these nine slips would constitute a danger in the waterway. He said with respect to
an allegation that these docks would incite partygoers who would overindulge in alcoholic
beverages, etc., those types of behaviors could happen at any retail establishment or private
Community Development - 2003-0520
21
5/20/03
.
residence. He reiterated these proposed docks would be open to the public. He said the docks
would only extend 68 feet from the shore and the waterway is 300 feet long.
In response to a question, Ms. Fierce said the address for Ross Yachts appeared
outside the notification area on the zoning atlas. A list of property owners within 500 feet of the
area map is obtained from the GIS computer system.
In response to a question, Ms. Fierce and Mr. Parry said the Island Estates Civic
Association was notified of this proposal. It was remarked that boats are already using the area
despite the lack of docks at this location.
In response to a question, Mr. Parry said the five-foot sidewalk would accommodate
pedestrians.
.
Marine & Aviation Director Bill Morris said there is a lack of public access docks in the
City. These proposed docks are being built by the upland property owner (Island Way Grill), will
be handicapped accessible, and will be donated to the City. He said staff offered to work with
Ross Yachts to relocate the mooring buoys owned by the City, however he refused to
compromise. Mr. Morris said at an Island Estates Civic Association meeting he attended, the
association unanimously supported this proposal for docks. He said the issue with the previous
application for docks at this location involved a different configuration and a different restaurant.
In response to a question, Mr. Morris said the City is submitting the application because it owns
the bottomland. The owner of the Island Way Grill will deed access to the property to the City,
including access to the sidewalk, and will pay the construction costs. The City would be
responsible for insuring and maintaining the docks.
Bill Woods, Woods Consulting, said the docks would be a combination of fixed and
floating docks. He estimated construction costs at $35,000 to $50,000 and permits and
environmental studies at $12,000 to $15,000.
In response to a question, Mr. Morris said he and other staff members met with the
Island Estates Civic Association in November 2002. He said there were very few questions
regarding the dock proposal. Mr. Morris said there are no slips at the marina constructed close
enough to the water to accommodate small boats, however these proposed docks would. He
said boaters at the marina have asked him where they could get supplies, etc. and if there was
a store nearby. He said he felt this dock proposal would be a good opportunity for the City to
provide public docks for people to visit the local area businesses. He reiterated there are no
construction costs to the City with this proposal.
One person spoke in favor and one person spoke in opposition of the application.
Member Gildersleeve moved to approve Item D1, Case FLD2003-03013 for 20 Island
Way. The motion was duly seconded.
.
One member remarked that he had no problem with the concept or the fact that 99% of
the time the docks would be used by the patrons of the Island Way Grill. He expressed concern
that the City would be responsible for the property and liability insurance. He also said there
was no guarantee that the current restaurant would always be in this location. It was remarked
that the City also insures the City public parks and other public facilities, and that the City should
try to help out area businesses.
Community Development - 2003-0520
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5/20/03
.
.
.
Upon the vote being taken, the motion carried unanimously.
E.
REQUEST FOR RECONSIDERATION (Item 1):
1.
Case: FLD2003-02011 - 405 North Myrtle Avenue Level 2 Application
Owner/Applicant: Jamia Austin; Religious Community Service.
(rpantrvla>.tampabav. rr. com, rd ickmanla>.mindspri no. com and rcs-incla>.mindsprino. com)
Representative: Jay Myers; Myers & Associates Architecture. (work: 727-595-7100/ fax:
727-595-7138/ cell: 727-430-4132/ email: mversarchla>.ix.netcom.com).
Location: 0.98-acres located on the northeast corner of North Myrtle Avenue & Hart St.
Atlas Page: 278A.
Zoning: C, Commercial District.
Request: Flexible Development approval to permit a social/public service agency (food
pantry) within the Commercial District adjacent to property designated as residential in
the Zoning Atlas with a reduction in the front (south) setback along Hart Street from 25
feet to 15 feet (to building), side (east and north) setbacks from 10 feet to five feet (to
pavement) and a reduction in the required number of parking spaces from 58 spaces
(four spaces per 1,000 square feet of gross floor area) to 31 spaces (2.15 spaces per
1,000 square feet of gross floor area, as a Comprehensive Infill Redevelopment Project,
under the provisions of Section 2-704.C and to permit the reduction in the side (east)
landscape buffer from 12 feet to five, as part of a Comprehensive Landscape Program,
under the provisions of Section 3-1202.G.
Proposed Use: A two-story, 12,592 square foot social/public service agency (food
pantry).
Neighborhood Association: Drew and Plaza Park Neighborhood Association (Brian &
Michelle King, 911 Plaza St., Clearwater, FL 33755 home: 727.446.2823)
Presenter: Mark T. Parry Planner.
The applicant is requesting reconsideration of last month's COB decision regarding the
denial of a Flexible Development approval to permit a social/public service agency (food pantry)
within the Commercial District adjacent to property designated as residential as indicated above.
The Chair noted that no one has filed a party status. She said should the applicant's request for
reconsideration be approved today, the case would be scheduled for hearing at next month's
COB meeting. The COB must make a determination as to whether or not the COB's decision
last month was based on fraud, misrepresentation, or a mistake.
Assistant City Attorney Leslie Dougall-Sides said the COB's rules for reconsideration
provides that the applicant may ask for reconsideration at the next meeting after the meeting at
which the COB had made the initial decision. Any party may address the board. She concurred
that no one has filed a party status regarding this case, therefore only the applicant and staff's
arguments would be heard. If the request for reconsideration is approved today, it would be re-
scheduled and adjacent property owners would be re-notified of the hearing. Ms. Dougall-Sides
reviewed the grounds for reconsideration. She said the applicant is basing the request on an
alleged mistake. In response to a question, Ms. Dougall-Sides said that the COB's Rules of
Procedure do not specify that the applicant must indicate who made the alleged mistake, only
that a mistake had been made. She said the applicant is stating that not all information had
been provided to the COB and the merits of the application should not be considered. In
response to a question, Ms. Dougall-Sides said the COB also could find that one of the other
three criteria applied to the request. She said the intent of the Rules of Procedure is not to allow
any or all applicants to come before the COB every time they dislike the outcome of the COB's
Community Development - 2003-0520
23
5/20/03
.
decision. She said if an application materially has changed, a waiting period applies for the
applicant's new application to be reviewed by staff and if necessary the COB.
Bryan Stanley, applicant's representative, said two principal mistakes were made at last
month's COB meeting: 1) The COB's decision was based on unfounded perceptions regarding
RCS's (Religious Community Service) operation and clientele, and 2) the analysis of on-site
parking. Mr. Stanley said the comments made by board members and the public were incorrect
and were mistakes. He said the people who use the Food Pantry services were characterized
as vagrants and transients, which was in conflict with the information RCS provided to the COB.
RCS services children and the elderly. Patrons of RCS check in before being served. He said
at the time RCS gave its presentation to the COB last month, they did not realize they needed to
present plans that maximized on-site parking. Their intent was to preserve as much green
space as possible. Mr. Stanley said the applicant's plans have been revised and include the
addition of six to seven standard on-site parking spaces. He said the City has given RCS
conditional approval to locate six more parking spaces on City property immediately north of this
property. He said a mistake was made by not allowing RCS to discuss maximization of
available on-site parking.
In response to a question, Mr. Stanley said although he was not present at last month's
COB meeting, he later reviewed the videotape of the meeting. He said regardless who made it,
a mistake was made at that meeting with respect to parking which resulted in inappropriate
conclusions that this social program which serves City residents is inappropriate for this area.
He said there are other social programs in this area and this site is the only one suitable for
RCS's clientele.
. It was remarked that an applicant cannot claim a mistake was made if he/she chooses to
submit a site plan with the help of consultants, attorneys, etc., and later decides to change the
number of parking spaces or other aspects of their site plan. Mr. Stanley said RCS's
consultants did not understand that they were to maximize the on-site parking. It was remarked
that the applicant and the applicant's consultants apparently made a poor decision regarding
their plan for parking spaces, which would not constitute a mistake. Mr. Stanley said the
mistake was not realizing that the board would expect maximization of on-site parking. He said
in addition to that mistake, the principal mistake made was the failure of the applicant to educate
the COB well enough about RCS's clientele.
Discussion ensued and COB members indicated that their primary reasons for denying
this application last month was due to on-site parking issues and the high potential for problems
with overflow parking on adjacent properties. They did not feel that the clientele was an issue.
It was felt that the COB did not make a mistake.
Mr. Stanley said he had letters from RCS's current and prior neighbors, which state the
clients of the Food Pantry do not and have not caused a problem for area businesses. He
refuted the misperception that was presented at the last COB meeting that transients,
intoxicated clients, and crime were associated with RCS's operation.
It was remarked that Mr. Stanley was merely reiterating the facts stated by the applicant
at last month's COB meeting. Mr. Stanley said the COB's decision was based on those
misperceptions, therefore the applicant wishes to have the opportunity to refute those issues.
. It was remarked that this agency needs to find a home for its operations. It was
suggested that perhaps when Ms. Austin presented her case as the applicant last month, she
Community Development - 2003-0520
24
5/20/03
.
.
.
was unprepared to address the parking issues. One member said she felt the case needs to be
re-heard with the new evidence. Another member remarked that he had no problem rehearing
the case if it was processed through proper channels, however he did not feel a mistake had
been made.
Mr. Stanley said after meeting with staff, the applicant felt the parking was adequate and
was stunned at the CDB's decision to deny the application. It was remarked that the CDB does
not rubberstamp applications. The applicant had the opportunity and made the decision to
present their case last month. It was felt that the applicant's request and related testimony and
evidence does not constitute a mistake and does not qualify the applicant for are-hearing.
Ron Dickman, Executive Director of RCS, said in meetings he attended with staff, they
had indicated that RCS's parking plan was sufficient. He said as amateurs, RCS staff did not
know the parking was insufficient, nor were they told that RCS should have an alternate parking
plan. He said staff never told RCS that the CDB may determine that the parking would be
insufficient. In response to a question, he said City staff never guaranteed that RCS would get
the CDB's approval, however staff never told the applicant there were areas of the site plan that
could be better prepared. Mr. Dickman said the City moved RCS from its original site and this
location is the only available site suitable for RCS's clientele.
It was remarked that the City Manager would have to make the decision whether to re-
consider the timeframe for resubmission of this case. Ms. Dougall-Sides said if the application
is substantially different, it would come back to the CDB after appeal. An appeal generally
involves 90 - 120 days. Discussion ensued regarding if the applicant should withdraw their
request for reconsideration and submit a new application. Ms. Dougall-Sides staff makes the
decision regarding whether or not an application is substantially different.
Member Gildersleeve moved to deny Item E1, Case FLD2003-02011, for property at 405
North Myrtle Avenue. The motion was duly seconded.
One member agreed he did not believe a mistake had been made at last month's CDB
meeting. Another member said "mistake" is not defined in the Rules of Procedure or in the
Code. She also remarked that it appears that the applicant who presented the case at the last
meeting was not fully aware of how to address some of the issues.
Upon the vote being taken, Members Gildersleeve, Mazur, Moran, Doran, Plisko, and
Milam voted "aye"; Chair Petersen voted "nay". Motion carried.
In response to a resident's question regarding party status, it was suggested that the
resident research the City Code on-line or consult with staff.
F. DIRECTOR'S ITEMS:
Downtown Plan Update
Coachman Park/Station Sauare Park Plans
Economic Development & Housing Director Reg Owens presented a conceptual plan for
Coachman Park and Station Square Park. The presentation included plans for a downtown
marina, an 18-acre waterfront park, station square, and how they all tie into the overall
streetscape program.
Community Development - 2003-0520
25
5/20/03
. In response to a question, Mr. Owens said if the Harborview Center was sold in the
future, the concrete not being used could be eliminated. In response to a question, he said
people using bicycles could use Turner Street to get onto the connector to the bridge or the
portion of Pierce Street that would connect to the bridge. Director of Parks and Recreation
Kevin Dunbar said the beach connector trail would connect the bridge with Mandalay and other
streets.
In response to a question, Mr. Owens said the sale of any City-owned property requires
a referendum. A provision in the City Charter states that any property west of the 28-foot line
cannot be privately owned. Mr. Owens said the sale of City Hall would not only require a
referendum, but would have to be replaced in another location.
In response to a question, Mr. Owens said prioritizing the Coachman Park and Station
Square Park projects would be dependent upon which adjacent lands are developed first. He
said improvements to Station Square Park would not require a referendum.
Desion Guidelines
Long Range Planning Manager Gina Clayton reviewed the Downtown Plan Public
Review Schedule for 2003. She said as meetings draw near, staff would notify the CDB of
meeting locations. In response to a question, she said the City received a $10,000 grant and
the CRA and Economic Development are contributing $20,000 to the design guidelines project.
.
Other Issues
Assistant Planning Director Lisa Fierce suggested beginning the July 15, 2003, CDB
meeting earlier in the day, as it would be lengthy. Consensus was to reschedule the July 15
meeting to 12:00 p.m.
In response to a question, Ms. Dougall-Sides said there may be forthcoming Code
amendments regarding billboards and other items. She said the word "mistake" as discussed in
today's RCS case and referred to in the CDB's Rules of Procedure also are in Section 4-206 of
the Code. It was suggested that staff consider making a suggestion regarding how to define
"mistake" in the Code and in the CDB's rules. Ms. Fierce said advertising deadlines prevent
staff from presenting any suggested changes to the Code before the June COB meeting.
G. ADJOURNMENT
The meeting adjourned at 4:28 p.m.
~Gr~
Chair
Community Development Board
Attest:
~tfrM/i2/
Board Reporter
.
Community Development - 2003-0520
26
5/20/03
OS/27/2003 TUE 09:31 FAX 727 724 8606 FDC Clearwater
~ 004/005
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COU-NTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST Nf-~e-FIR$T NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, A ArTY, OR
(VI -z..tJ b)>wA :[(2.. CD" f.d
, \lUNG AODRESS I . ,~~ TIiE BOARD, COUNC L, COMMISSI
b ~ (f?c..-l...., c.. <n::../-e" e.. WHICH I SERVE IS A UNIT OF:
D f"l e, \ TY o COUNTY
COUmY
'P: NMfEOFPOUTlCALSUBDIVlSl N:
'h C<.-"'" W 4 c..V-
MY POSITION IS:
MlTIt!E
CI OTHER LOCAL AGENCY
WHO MUST FILE FORM 88
\
This form is for use by any perton se~ng at the county, clly, or other local level of govemment on an appointed or elected board, cOllncil.
commission, authority, or committfi!e. It applies equally 10 members of advisory and non.advisory bodies who are pres anted wllh a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibililies under the law when faced with voting on a measure In which you have a conniet of inlerest will vary greatly depending
on whether you hold an elective or appointive poslllon. For this reason, please pay close altention to the Instru~trons on this form ~efore
completing the reverse side and filing the form.
"
INSTRUCTIONS FOR COMPLIANcE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
nures to his or her special private gain or loss. Each elected or appointed local ~ff1cer also is prohibIted frOm knowingly lIoting on a mea-
Jre which inures to the special gain or loss of a principal (other than a government ag.ency) by whom he or she Is retained (Including the
.Arent organization or subsidiary of a corporate principal by which he or she is retained); to Ihe special private gain or loss of a relative; Or
to the special. private gain or loss of a business assocIate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of Independent specfal tax districts elected on a one--acre. one-vote basis are not prohibited from "oting in th"!t
capacity.
For purposes Df this law, a "relative" includes only the officer's father. mother, son, daughter. husband, wife, brother, sister, father-in-Jaw,
mOlher-in--law, son-in-law, and daughter-In-law. A "business associate" means any person or entity engaged In or carrying on a business
enterprisE! with the officer as a partner, Joinl venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
..
-
..
..
-
"
..
"
..
..
ELECTED OFFICERS:
In addition to abstaining from voting in the situations deserlbed above. you must disolose the conflict:
PRIOR TO THE VOTE BEING TAKEN by pUblicly stating 10 the assembly the nature of yoor inlerest in the measure on which you
are abstaining from voUng; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by compleUng and filing this fonn with the person responsible for recording the
utes of the meeting, who should incorpomte the form in the minutes.
..
-
..
..
-
..
"
-
..
APPOINTED OFFICERS:
Although you must abstain from voting In Ihe slluations described above, you otherwise may participate In these matters. However, you
ml.lst disclose the nature of the contlict before making any aUempt to influence the decision, whether orally or In writing and whether made
by you or at your direction. .
OU INTEND TO MAKe ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
EN:
. You must complete and file lhis form (before making any attempllO influenoe the deolslon) with the person responsible tor rElearding the
minutes of the meeting, who willlnoorporate the form in the minutes. (Continued on other side)
CE FORM Be - EFF. 1/2000 PAGE 1
OS/27/2003 Tlm 09:31 FAX 727 724 8606 FDC Clearwater
141 005/005
APPOINTED OFFICERS (continued)
.
· A copy of the form must be provIded Immediately to the other members of the agency,
· The form must be read publicly' at the..nexl meeting after the form (s filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict In the measure before participating.
· Yau. must complete the fonn and file it within 15 days after the vote occurs with the person responsible for recording the mInutes of the
meeting, who must Incorporate the fonn in the minutes. A copy of the form must be provided Immediately to the other members of the
agency, and the form must be read publicly at the next meeting after Ihe fann is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I;;J wa."(-" J. M A"3 v.-- J"' 1-, . hereby dIsclose that on If;, / 'Zf? / P .3
I,
,20 ___:
(8) A measure came or will come before my agency which (check one)
Inured to my special p rivale gain or loss;
inured to the special gain or loss of my busIness associate,
inured lo the special gain or loss of my relative. /
Inured to the speclalgsin or loss of C./eA. ~-.,/t~
-x
~-.
)
M~~J
. by
whom I am retained; or
Inured to the special gain or loss of
is the. pa.rent organization or subsidialY of 8 principal which has retained me.
(b) The measure before my agency and the nature of my conflIcting interest In the measure Is as follows:
,whIch
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Date Filed
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
f:lEMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIrv'lAND, OR
IVIL PENALTY NOT TO EXCEED $10.000.
CE FORM as. EFF. 1/2000
PAGE 2
OS/27/2003 Tlm 09:31 FAX 727 724 8606 FDC Clearwater
141002/005
I.
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COU-NT\': MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME OF BOARD. COUNCIl. COMMISSION, A MITTEE
:r C" : :.II" 'I
THE BOARD. COONe L. COMMISSI
C. \ ~ Ie.- ~ Wl-/ICH r SERVE IS A UNIT OF:
. COUNTY o COUNTY OOlliEFlLOCALAGENCY
~ NAMe OF POLITICAL SUBDIVISI N:
'h ~""" w ~ -c..V-
MY POSrrJON 15:
. WHO MUST FilE FORM 88
ThiS form is for Use by any person seIYlng 'at the county. city, or other local level of government on an appointed or elected board, council.
commission, authorlly, or comrniU~e. It applies equally to members of advisQry and non-advisory bodies who are presenled with a voting
conflict or interesl underSecllon 112.3143. Florida StaMes.
Your responsibiJIlles under the law when faced with voting on a measure in which you have a conflict of Interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, plGase pay close attenllon to the inslruClrons on this form before
completing the rellerse side and filing the form. -'
'.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county. municipal, or other local public office MUST ABSTAIN from voting on a measure which
Inures to his or her special private gain or loss. Each elected or appointed local ~fficer also Is prohibited from knowingly voting on a mea-
ra which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (Including the
Arent organization or SUbsidiary of a corporate principal by which he or she Is retained); to the special private gain or loss of a relatlvej or
to the special. private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357. F.S., and officers of Independent special tax districts elected on a one-acre, one-vote basis aM not prohibited from voting in th~t
capaclly.
For purposes .of this law, a Yrelatlve" includes only the officer's ralher, mother. son, daughter, husband. wife. brother, sister, father-in-law,
mother-In-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged In or carrying on a business
enterprise with the officer as a partner. joint venlurer, coowner of property, or oorporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
..
..
..
..
..
..
..
..
..
..
ELECTED OFFICERS:
In addition to abstaIning from voting In the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publIcly staling to the assembly the nature of your inlerest In the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for rooordlng the
utes of the meetll1g, who should incorporate the form in the mlnutElS.
..
..
..
..
..
..
..
..
..
..
APPOINTED OFFICERS:
Although you must abstain from voting in the slluallons described above, you otherwise may participate in these ma.tters. However. you
must disclose the nature of the conflict before making any attempt 10 Influence the decision, whether orally or in writing and whether made
by you or at your dIrection. '
.OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
EN:
.. You must complete and file this form (before makIng any attempt 10 influence the decision) wilh the person responsible for recording the
minutes of the meeting, who will incorporate Ihe form in the minutes. (Conlinued on other side)
CE FORM 8B - f:FF, 112000
PAGE 1
OS/27/2003 TUE 09:31 FAX 727 724 8606 FDC Clearwater
~
l4] 003/005
APPOINTED OFFICERS (continued)
.
.. A copy of the form must be provIded immedIately to the other members of the agenCy.
.. The form must be read publicly at the..next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
."
.. You must disclose orally the nature of your conflict in the measure before participating.
· You. must complele the form and file it within 15 days after the vote occurs with the person responsIble for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
t;;J w~r'J MG3 V< 3",. , hereby disclose that on ~!z.t:J ,1 0 .3
I,
,20 ___:
(a) A measure came or will come before my agel1Cy which (check one)
inured to my special private gain Of loss;
Inured to the special gain or loss of my business assoclal~,
Inured to the specIal gain or loss of my relative,
-X inured to the special gain or loss Of~ ~ ~i 0 dc,.,.<O
whom I am retained; or
inured to the special gain or loss 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 conflicting Interesl in the measure is as follows:
.by
,which
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hf-. tL '$,~ fh-O r;~vlpJ.
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5/27/P3
Date FiI'd
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~"2.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRI!'v1AND, OR
IVIL PENALlY NOT TO EXCEED $10,000.
r
CE FORM 86 . EFF, 1/2000
PAGE 2
,/
.~
COMMUNITY DEVELOPMENT BOARD
Meeting Date: May 20" 2003
I have conducted a personal investigation on the personal site visit to the
following properties.
1353-1357 Park Sx y
es
,
FLD2003-020 1 0
no
Clw. Homeless Intervention Project, Inc.
1339, 1341 & 1345 Park Street
& 1344 Pierce Street
~yes
CU96-46
C1w. Homeless Intervention Project, Inc.
no
550 North Bayshore Boulevard
~es
FLD2003-003-03015
Frank and Jeannie Arcieri
no
302 South Jupiter Avenue
FLD2003-030 12
Golda Meir Center, Inc.
~es
no
2551 Ham Boulevard
FLD2003-03017/
PL T2003-00003
KB Home Tampa, LLC.
~es
no
Page 1 of3
Community Development Board
20 Island Way
~es
FLD2003-03013
no
100 North Lady Mary Drive
FLD2002-12044
~es
no
900 North Osceola Avenue
FLD2002-10036
~s
no
FLD2003-030 16
2701,2720,2751 & 2770 Regency Oaks Blvd.
l, yes
no
LUZ2003-03002
2701,2720,2751 & 2770 Regency Oaks Blvd
~es
no
Page 2 of3
"
Meeting Date: May 20, 2003
,
-,'
City of Clearwater
Michael Drazkowski,
Midnight Rose, Inc.
Clearwater Bay Marina, LLC.
Regency Oaks, LLC &
Sylvan Health Properties, LLC.
Regency Oaks, LLC &
Sylvan Health Properties, LLC.
.
Community Development Board
3119 sa\7 Street
~es
1837 Beverly Circle
~es
1517 Calamondin Lane
~s
1709 G~s
ANX2003-02004
no
ANX2003-03005
no
ANX2003-03006
no
ANX2003-03007
no
S:\Planning Departm 11 D B\CDB, property investigation check list.doc
Page 3 of3
Meeting Date: May 20, 2003
Zivan Jovanov
Jennifer and Thomas Lechner
Ray and Melanie Lee
William Garced and
Lydia Ortiz Garced
Date:
'\.,
t
COMMUNITY DEVELOPMENT BOARD
Meeting Date: May 20" 2003
I have conducted a personal investigation on the personal site visit to the
following properties.
yes
. F' 403-02010
rL~o
Clw. Homeless Intervention Project, Inc.
1353-1357 Park Street
1339, 1341 & 1345 Park Street
& 1344 Pierce Street
yes
CU'-46
~ no
Clw. Homeless Intervention Project, Inc.
550 North Bayshore Boulevard . FL~003-003-03015
yes ~no
Frank and Jeannie Arcieri
yes
703-03012
no
Golda Meir Center, Inc.
302 South Jupiter Avenue
2551 Ham Boulevard
FLD2003-03017/
PLT2003-00003
/
KB Home Tampa, LLC.
yes
no
Page 1 of3
Community Development Board
20 Island Way
I no
FLD2003-03013
yes
100 North Lady Mary Drive J
yes
FLD2002-12044
no
900 North Osceola Avenne j
yes no
FLD2002-10036
FLD2003-03016
2701,2720,2751 & 2770 RTcy Oaks Blvd.
yes
no
LUZ2003-03002
2701, 2720, 2751 & 2770 Re7cy Oaks Blvd
yes
no
Page 2 of3
.r
Meeting Date: May 20, 2003 t
City of Clearwater
Michael Drazkowski,
Midnight Rose, Inc.
Clearwater Bay Marina, LLC.
Regency Oaks, LLC &
Sylvan Health Properties, LLC.
Regency Oaks, LLC &
Sylvan Health Properties, LLC.
~...
Community Development Board
..
.
3119 San Mateo Street
~X2003-02004
no
yes
1837 Beverly Circle
/
ANX2003-03005
yes
no
1517 Calamondin Lane
/
ANX2003-03006
yes
no
1709 Grove Drive
I
ANX2003-03007
yes
no
Signat
S:\Planning DepartmentlC D BICDB. property investigation check list. doc
Page 3 of3
Meeting Date: May 20, 2003
Zivan Jovanov
Jennifer and Thomas Lechner
Ray and Melanie Lee
William Garced and
Lydia Ortiz Garced
Date:
COMMUNITY DEVELOPMENT BOARD
Meeting Date: Mav 20" 2003
I have conducted a personal investigation on the personal site visit to the
following properties.
1353-1357 Park Street
~003-02010
J\ no
Clw. Homeless Intervention Project, Inc.
yes
1339, 1341 & 1345 Park Street
& 1344 Pierce Street
CU96-46
Clw. Homeless Intervention Project, Inc.
yes
Tno
550 North Bayshore Boulevard
FLD2003-003-03015
Frank and Jeannie Arcieri
yes
-\-no
302 South Jupiter Avenue
FLD2003-03012
Golda Meir Center, Inc.
yes ~no
2551 Ham Boulevard
FLD2003-03017/
PL T2003-00003
KB Home Tampa, LLC.
yes
~o
Page 1 of3
Community Development Board
20 Island Way
~ FLD2003-03013
~no
yes
100 North Lady Mary Drive
FLD2002-12044
yes --\-no
900 North Osceola Avenue
FLD2002-10036
yes
-l-no
FLD2003-03016
2701,2720,2751 & 2770 Regency Oaks Blvd.
yes
~no
LUZ2003-03002
2701,2720,2751 & 2770 Regency Oaks Blvd
yes
~no
Page 2 of3
Meeting Date: May 20, 20
City of Clearwater
Michael Drazkowski,
Midnight Rose, Inc.
Clearwater Bay Marina, LLC.
Regency Oaks, LLC &
Sylvan Health Properties, LLC.
Regency Oaks, LLC &
Sylvan Health Properties, LLC.
Community Development Board
3119 San Mateo Street
(/ ANX2003-02004
;t-no
yes
1837 Beverly Circle
ANX2003-03005
yes
~no
1517 Calamondin Lane
ANX2003-03006
yes
1709 Grove Drive
~ ANX2003-03007
no
yes
Signat
Page3of3
Meeting Date: May 20, 2003
Zivan Jovanov
Jennifer and Thomas Lechner
Ray and Melanie Lee
William Garced and
Lydia Ortiz Garced
Date: 1UJfrJ
,
.
,
COl\IMUNITY DEVELOPMENT BOARD
Meeting Date: Mav 20'1 2003
I have conducted a personal investigation on the personal site visit to the
following properties.
1353-1357 Park Stre~t
..; yes
FLD2003-02010
Clw. Homeless Intervention Project, Inc.
no
1339, 1341 & 1345 Park Street
& 1344 Pierce Street
CU96-46
Clw. Homeless Intervention Project, Inc.
J
yes
no
550 North Bayshore Boulevard
FLD2003-003-03015
Frank and Jeannie Arcieri
yes f no
302 South Jupiter Avenue
FLD2003-03012
Golda Meir Center, Inc.
yes
j
no
2551 Ham Boulevard
FLD2003-030 17/
PLT2003-00003
KB Home Tampa, LLC.
yes
J
no
Page 1 of3
Community Development Board
20 Island Way
FLD2003-03013
yes
/
no
100 North Lady Mary Drive
FLD2002-12044
yes
J
no
900 North Osceola Avenue
FLD2002-10036
yes
J
no
FLD2003-030 16
2701,2720,2751 & 2770 Regency Oaks Blvd.
J
yes
no
LUZ2003-03002
2701,2720,2751 & 2770 Regency Oaks Blvd
yes
J
no
Page 2 of3
Meeting Date: May 20, 2003 .
,
City of Clearwater
Michael Drazkowski,
Midnight Rose, Inc.
Clearwater Bay Marina, LLC.
Regency Oaks, LLC &
Sylvan Health Properties, LLC.
Regency Oaks, LLC &
Sylvan Health Properties, LLC.
t
Community Development Board
3119 San Mateo Street
yes
1837 Beverly Circle
yes
1517 Calamondin Lane
yes
1709 Grove Drive
yes
Signature:
ANX2003-02004
J
no
ANX2003-03005
J
no
ANX2003-03006
J
no
ANX2003-03007
J no
\]~
S:\Planning DepartmentlC D SlCDS, property investigation check list. doc
Page 3 of3
Meeting Date: May 20, 2003
Zivan Jovanov
Jennifer and Thomas Lechner
Ray and Melanie Lee
William Garced and
Lydia Ortiz Garced
Date:
~
-:
COMMUNITY DEVELOPMENT BOARD
Meeting Date: May 20" 2003
I have conducted a personal investigation on the personal site visit to the
following properties.
1353-1357 Park Stre,pt
../ yes
no
Clw. Homeless Intervention Project, Inc.
~
FLD2003-020 10
1339, 1341 & 1345 Park Street
& 1344 Pierce Street
Lyes
no
Clw. Homeless In~:::::t..ject, Inc.
CU96-46
550 North Bayshore Boulevard
/ yes
FLI>2003-003-03015
no
Frnnkc~r
302 South Jupiter Avenue
FLI>2003-030 12
Golda Meir Center, Inc.
/ yes
no
2551 Ham Boulevard
FLI>2003-03017/
PL T2003-00003
K.B Home Tampa, LLC.
/yes
no
Page 1 of3
Community Development Board
20 Island Way
FLD2003-03013
/ no
yes
100 North Lady Mary Drive
FLD2002-12044
yes
/ no
900 North Osceola Avenue
FLD2002-10036
/ yes
no
FLD2003-030 16
2701,2720,2751 & 2770 Regency Oaks Blvd.
j
yes
no
LUZ2003-03002
2701,2720,2751 & 2770 Regency Oaks Blvd
j
yes
no
Page 2 of3
1
1-
Meeting Date: May 20, 2003
~.
City of Clearwater
Michael Drazkowski,
Midnight Rose, Inc.
Clearwater Bay Marina, LLC.
Regency Oaks, LLC &
Sylvan Health Properties, LLC.
Regency Oaks, LLC &
Sylvan Health Properties, LLC.
~
Community Development Board
,
3119 San Mateo Street
ANX2003-02004
/no
yes
1837 Beverly Circle
ANX2003-03005
yes
/no
1517 Calamondin Lane
ANX2003-03006
yes
/no
1709 Grove Drive
ANX2003-03007
yes
/ no
S:\Planning Department\C D
Page 30[3
Meeting Date: May 20, 2003
Zivan Jovanov
Jennifer and Thomas Lechner
Ray and Melanie Lee
William Garced and
Lydia Ortiz Garced
Date: 5{fslo~