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10/21/2003 . . . COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER October 21, 2003 Present: Carlen A. Petersen Ed Hooper David Gildersleeve Shirley Moran Alex Plisko Edward Mazur, Jr. John Doran Chair Vice Chair Board Member - departed at 3:10 p.m. Board Member Board Member Board Member Board Member Absent: Kathy Milam Alternate Board Member Also Present: Leslie Dougall-Sides Lisa Fierce Frank Gerlock Patricia O. Sullivan 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. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: September 16, 2003 Member Doran moved to approve the minutes of the regular meeting of September 16, 2003, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. REQUEST FOR CONTINUANCE (Items 1 - 3) 1. Case: SGN2003-08001 - 922 South Missouri Avenue Level Two Application Ownerl Applicant: Clearwater Retail Group, Ltd. Representative: Todd Pressman (28870 U.S. Highway 19 North, Ste 300, Clearwater, FL 33761; phone: 727.726.8683; cell: 727.804.1760; fax: 727.669.8114; e-mail: pressinc@aol.com).) Location: 0.61 acre located on the west side of Missouri Avenue, approximately 500 feet south of Druid Road. Atlas Page: 296A. Zoning: C, Commercial District. Request: Amendment to previous approvals for signage: 1) Cases FLD 02-02-06A1SGN2003-02009 - Conditions 1 and 2 which requires that the final design, height, area, color, etc. of signs be consistent with the drawings submitted to, or as modified by the CDB (Community Development Board), and that the signs for future tenants of the retail center have the same background and text colors as approved by the CDB, as part of a Comprehensive Sign Program, under the provisions of Section 3-1807 AND Community Development 2003-10-21 1 . . . 2) Case FLD2003-05023 - Condition 2 requiring that all signage comply with the approved Comprehensive Sign Program application FLD 02-02-06A1SGN2003-02009. Proposed Use: An amendment to a Comprehensive Sign Program for Amscot Financial, Inc. (922 South Missouri Avenue). Neighborhood Association: None. Presenter: Michael Reynolds, AICP, Senior Planner. Member Mazur declared a conflict of interest. Member Gildersleeve moved to continue Item 01, Case SGN2003-08001, to November 18, 2003. The motion was duly seconded. Members Hooper, Gildersleeve, Moran, Plisko, and Doran and Chair Petersen voted "Aye." Mr. Mazur abstained. Motion carried. 2. Case: FLD2003-08040 - 1521 E. Druid Road Level Two Application Owner/Applicant: The Salvation Army. Representative: Michael R. Mason, AlA, (Mason Blau & Associates, Inc. 4625 East Bay Drive, Suite 228, Clearwater, FL 33764; phone: 727.530.0570; fax: 727.530.0672; email: mmason@masonblau.com).) Location: 6.92 acres located on southeast corner of Druid Road and S. Highland Ave. Zoning: I, Institutional District and LMDR, Low Medium Density Residential District. Request: Flexible Development approval: 1) permit a mixed-use project (including social/public service agency, congregate care and residential shelter) in the Institutional District with a reduction of the front (north - E. Druid Road) setback from 25 feet to 15 feet (to pavement), a reduction of the front (west - S. Highland Avenue) setback from 25 feet to 13 feet (to existing pavement), a reduction of the front (east - terminus of Jasmine Way) from 25 feet to six feet (to existing pavement), a reduction of the side (west) setback from 10 feet to 1.5 feet (to existing pavement) and a reduction of the side (east) setback from 10 feet to seven feet (to existing pavement and storage shed), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1204.A; 2) permit non-residential off-street parking in the Low Medium Density Residential District with a reduction of the front (north - E. Druid Road) setback from 25 feet to 10 feet (to existing pavement), a reduction of the front (east - S. Crest Avenue) setback from 25 feet to 2.5 feet (to existing pavement) and a reduction of the front (south - Jasmine Way) setback from 25 feet to six feet (to pavement) and retain existing six-foot high solid masonry wall within the front setback along S. Crest Avenue and Jasmine Way at a zero feet setback, as a Residentiallnfill Project, under the provisions of Section 2-204.E; and 3) permit a reduction of the landscape buffer along S. Highland Avenue (west) from 15 feet to 13 feet (to existing pavement), a reduction of the landscape buffer along E. Druid Road (north) from 15 feet to 10 feet (to existing pavement), a reduction of the landscape buffer along S. Crest Avenue (east) from 10 feet to 2.5 feet (to existing pavement), a reduction of the landscape buffer along Jasmine Way (south) from 10 feet to six feet (to pavement), a reduction of the landscape buffer at the terminus of Jasmine Way (east) from 10 feet to six feet (to existing pavement), a reduction of the landscape buffer adjacent to single family dwellings (east) from 10 feet to seven feet (to existing pavement) and a reduction of the landscape buffer along the west property line adjacent to the YMCA from five feet to 1.5 feet (to pavement), as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Salvation Army facilities (correctional services, social services, congregate care and residential shelter, with off-street non-residential parking within a residential zoning district). Neighborhood Association: None. Presenter: Wayne M. Wells, AICP, Senior Planner. Community Development 2003-10-21 2 . . . Member Plisko declared a conflict of interest. Member Gildersleeve moved to continue Item 02, Case FLD2003-08040, to November 18,2003. The motion was duly seconded. Members Hooper, Gildersleeve, Mazur, Moran, and Doran and Chair Petersen voted "Aye." Mr. Plisko abstained. Motion carried. 3. Case: DR12003-09001 - 300 South Park Place Boulevard Level Three Application Owners/Applicants: Park Place Land, L TO and Bausch and Lomb Incorporated. Representative: Timothy A. Johnson, Jr., Esquire, (Johnson, Pope, Bokor, Ruppel & Burns, P.A. (911 Chestnut Street, Clearwater, Florida 33756; phone: 727.461.1818; fax: 727.462.0365; email: timj@jpfirm.com). Location: 99.133 acres located on the north side of Gulf-to-Bay Boulevard, approximately 360 feet east of U.S. Highway 19 North. Atlas Page: 291A. Request: Notice of Proposed Change (NOPC) to the Park Place Development of Regional Impact (DRI) to extend the build-out date of the DRI by five years to December 31, 2008. Proposed Use: Existing mixed-use development. Neighborhood Association: None. Presenter: Marc A. Mariano, Planner. Member Mazur declared a conflict of interest. Member Gildersleeve moved to continue Item 03, Case DRI2003-09001, to November 18, 2003. The motion was duly seconded. Members Hooper, Gildersleeve, Moran, Plisko, and Doran and Chair Petersen voted "Aye." Mr. Mazur abstained. Motion carried. E. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owner, etc. and will be approved by single vote at the beginning of the meeting. (Items 1 - 10) Items E1, E5. E6, and E10were pulled from the Consent Agenda for individual discussion and vote. 1. Item pulled from Consent Agenda Case: FLD2003-08037 - 3080 Allen Avenue Level Two Application Owners/Applicants: Robert Hupp and Allen McMullen (3090 Charles Avenue, Clearwater, FL 33761; phone: 727.422.0422; fax: 727.726.8190). Representative: Bryan L. Zarlenga (380 Park Place Blvd., Suite 300, Clearwater, FL 33759; phone: 727.531.3505; cell: 727.639.5569; e-mail: bzarlenQa@tbeqrouP.com). Location: 1.95 acres located at the northwest corner of Allen Avenue and McMullen- Booth Road. Atlas Page: 212A. Zoning: 0, Office District. Request: Flexible Development approval to permit a reduction in the front (north) setback from 35 feet to 15 feet (to pavement) and from 35 feet to 16 feet (to generator pad) along Charles Avenue, a reduction in the required number of parking spaces from 98 spaces (5/1,000 square feet) to 97 spaces (4.9/1,000 square feet) and an increase in building height from 30 feet to 38.5 feet, under the provisions of Section 2-1004.C. Proposed Use: A 9,560 square-foot medical clinic. Neighborhood Association: None. Presenter: Bryan Berry, Planner. Community Development 2003-10-21 3 . Planner Bryan Berry reviewed the request. The 1.95-acre site is located at the southwest corner of McMullen-Booth Road and Charles Avenue. The entire parcel is comprised of 12 individual platted lots. The parcel is largely undeveloped with a small, one-story masonry building located in the southwest corner, which will be demolished. The lot drains into the existing pond on the eastern portion of the parcel. The proposed two-story, 19,560 square-foot medical and surgical facility will be located in the northeast corner of the parcel along McMullen-Booth Road and Charles Avenue. The north and northeastern sides of the building will be supported on stem walls and overlook the proposed 13,907 square-foot retention pond. The pond will be enclosed in 140 linear feet of black cast aluminum ornamental fencing with masonry columns. The site plan has two points of ingress and egress for the parcel. The first is 187 feet west of McMullen-Booth Road, along Allen Avenue. The second point of ingress/egress is 172 feet west of McMullen-Booth Road, along Charles Avenue. These two points of access have been aligned on the parcel to create a parking lot configuration that promotes the accessible flow of traffic on and off-site. The parking lot has been optimally designed to create the maximum amount of parking spaces possible. The required number of parking spaces is 98 at 5 spaces per 1,000 square feet of gross floor area. The proposed number of parking spaces is 97 at 4.9 spaces per 1,000 square feet of gross floor area. The reduction in parking can be justified due to the amount of interior landscaping provided by the applicant on site. The City requires a minimum of 10 percent and the applicant has provided 28 percent. . The applicant is proposing to apply for signage at a later date, but has submitted a letter referencing that all future signage submittals will be architecturally integrated into the design of the building with similar style features, color, and materials. The Development Review Committee reviewed the application and supporting materials on September 18, 2003. The Planning Department recommends approval of the Flexible Development approval to permit a reduction in the front (north) setback from 35 feet to 15 feet (to pavement) and 35 feet to 16 feet (to generator pad) along Charles Avenue, reduce the required number of parking spaces from 98 spaces (5/1,000 square feet) to 97 spaces (4.9/1,000 square feet) and to increase the height from 30 feet to 38.5 feet, under the provisions of Section 2-1004.C., with the following bases and conditions: Bases for Approval: 1) The proposal is in compliance with Flexibility Criteria for Medical Clinics in the Office District per Section (2-1004.C); 2) The proposal is in compliance with the General Applicability criteria, under Section 3-913; and 3) The improvements are compatible with the surrounding area. Conditions of Approval: 1) That all future signage will require staff approval before permitting; and 2) That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by CDB. In response to questions, Engineering Manager Scott Rice said drivers could choose to drive on the dirt road, but doubted many would, due to the road's poor condition. Representative Bryan Zarlenga said the dirt road ends near McMullen-Booth Road. He said the proposal indicates a curb could be constructed there. He said drivers would choose to drive on the paved road as travel on the dirt road requires backtracking. He said the project worked with . Community Development 2003-10-21 4 . staff to improve circulation and permit traffic trom the Vinings to go southbound. In response to a question, Assistant Planning Director Lisa Fierce said the City could improve the dirt road it it chose. City Engineers need to determine it vacating the right-ot-way is prudent. Concern was expressed the City Commission had not yet approved a vacation listed on the site plan to vacate 30 teet ot Allen Road to the project and 30 teet ot Allen Road to the Vinings. Three people spoke in opposition to the request, with concerns the project will increase traffic, already a problem due to the nearby high school and new office building, which should have access restricted to SR 580, the pond on the subject property is spring ted, and the dirt road provides the only access to tour residences. Mr. Berry said staff will need to review access issues. Discussion ensued regarding the dirt road and the vacation request. Ms. Fierce recommended the item be continued while access issues are determined. In response to a question, Mr. Berry said the Vinings had participated in the design ot the access. It was recommended that the site plan identity current property lines. It was suggested signage designating the property as private could discourage cut-through traffic. Mr. Zarlenga said he had discussed the retention pond's design with the City and SWFWMD. Member Gildersleeve moved to continue Item E2, Case FLD2003-08037, to December 16, 2003. The motion was duly seconded and carried unanimously. . In response to a question, Development Review Manager Frank Gerlock said the applicant planned to apply tor the right-ot-way vacation today. Concern was expressed the staff report indicated the right-ot-way would be vacated even though an application has not been tiled at this time. In response to a question, Assistant City Attorney Leslie Dougall-Sides said City approval ot the vacation could take up to two months. She did not know how long the County process takes. Another concern was expressed with the recommendation to allow parking in the right-ot-way without a condition related to approval ot the vacation. 2. Case: FLD2003-07033/PL T2003-00010 - 145 Brightwater Drive Level Two Application Owner/Applicant: Paradise Cove Clearwater, Inc. Representative: J. Shaw & Associates (1515'Y2 4th Street North, St. Petersburg, FL 33704; phone: 727.821.8537; tax: 727.821.8466). Location: 0.49 acre located on the south side ot Brightwater Drive, approximately 700 teet east ot Harnden Drive. Zoning: T, Tourist District. Request: Flexible Development approval to permit 1) attached dwellings with a building height ot 28.66 teet, 2) with reductions ot the side (east) setback trom 10 teet to five teet (to building), 3) reductions ot the side (west) setback trom 10 teet to five teet (to building), 4) reductions ot the rear (south) setback trom 20 teet to zero teet (to pool deck and boardwalk), and 5) to permit parking that is designed to back into the public right-ot-way, as part ot a Comprehensive Intill Redevelopment Project, under the provisions ot Section 2-803.C, and Preliminary Plat approval tor nine lots. Proposed Use: An attached residential development ot nine dwelling units. Neighborhood Association: Clearwater Beach Civic Association (Pres. David MacNamee, 827 Mandalay Ave., Clearwater, FL 33767; phone: 727-446-5801, e-mail: dmacnav@att.net). Presenter: Michael H. Reynolds, AICP, Senior Planner. . Community Development 2003-10-21 5 . The almost square site is 0.49 acre, located on the south side of Brightwater Drive, approximately 700 feet east of Harnden Drive. It is located along a highly developed area within Clearwater beach and has frontage along Clearwater Harbor. The site is located within the Small Motel District of Beach By Design, which provides for the redevelopment of Brightwater Drive with townhomes and timeshares between two and four stories above parking. The proposal includes constructing nine townhome units, two-stories above parking. The parking within the building will include two garage spaces per unit. Each unit will have a singlewide driveway (10 feet wide). The design requires that cars back out into the right-of-way to exit the site. The Community Development Code prohibits "back out" parking for any uses other than detached dwellings. The site is located on Brightwater Drive, which is a cul-de-sac street approximately 1,700 feet in length and generally used only by persons with a destination on the street. It is the Planning Department's policy that townhomes function similarly as single- family detached homes. The request is to permit 1) attached dwellings with a building height of 28.66 feet, 2) reductions of the side (east) setback from 10 feet to five feet (to building), 3) reductions of the side (west) setback from 10 feet to five feet (to building), 4) reductions of the rear (south) setback from 20 feet to zero feet (to pool deck and boardwalk), and 5) to permit parking that is designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C, and Preliminary Plat approval for nine lots. . The design of the buildings will include light color shades of ivory or light yellow with varying degrees of brown trim. The windows are shown to have brown trim. Windows on the second and third floors on side elevations are shown to have the tops of the window units to be painted red. Both the front and rear elevations are provided with a number of windows. The building also will be articulated with unit entries recessed from the front fayade. On the rear of the building, units will be provided with a balcony on the second floor. The landscape plan meets Code requirements, utilizing a variety of a colorful groundcover. 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. The applicant will be selling the units fee simple, which includes land, and will record a Final Plat prior to the issuance of building permits. With this proposal, the existing docks will be retained. Use of the docks should be for residents and their guests only and not sub-leased. Proposed utility facilities (electric and communication lines) on-site and existing aboveground utility facilities in the public rights-of-way will be required to be placed underground, or provisions made for placing the utilities underground (including interim construction details to be completed prior to the issuance of the first certificate of occupancy) within timeframes acceptable to the City. The Development Review Committee reviewed the application and supporting materials on September 18, 2003. The Planning Department recommends approval of the Flexible Development approval to permit 1) attached dwellings with a building height of 28.66 feet, 2) reductions of the side (east) setback from 10 feet to five feet (to building), 3) reductions of the side (west) setback from 10 feet to five feet (to building), 4) reductions of the rear (south) setback from 20 feet to zero feet (to pool deck and boardwalk), and 5) permit parking that is designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment . Community Development 2003-10-21 6 . . . Project, under the provisions of Section 2-803.C, and Preliminary Plat approval for nine lots for the site at 143, 145, and 149 Brightwater Drive, 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 2-804.C; 2) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 3) The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1) That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2) That boats moored at the docks be for the exclusive use by the residents and/or guests of the town homes and not be permitted to be sub-leased separately from the town homes; 3) That 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 any permits, including a detail for the wet standpipe; 4) That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5) That all proposed utilities (from the right- of-way to the proposed buildings) be placed underground and installation of conduit(s) along the entire length of the site's street frontage be completed prior to the issuance of the first certificate of occupancy; 6) That the landscape and irrigation plans be revised to address all landscape and irrigation review comments prior to building permit issuance; 7) That a tree permit be obtained prior to building permit issuance; 8) That all Recreation facility impact fees be paid prior to any building permit issuance or plat recording, which ever occurs first; 9) That a copy of the SWFWMD (Southwest Florida Water Management District) permit exemption be provided prior to any building permit issuance; 10) That all stormwater, water and sewer design standards of the Engineering Department be met prior to any building permit issuance; 11) That all Fire Department requirements be met prior to the issuance of any permits; 12) That traffic impact fees be determined and paid prior to all Certificate of Occupancy issuances; and 13) That no building permits be issued until recording of the final plat. AND 3. Case: FLD2003-07034/PL T2003-00009 - 140 Brightwater Drive Level Two Application Owner/Applicant: Gus DiGiovanni. Representative: J. Shaw & Associates (1515~ 4th Street North, St. Petersburg, FL 33704; phone: 727.821.8537; fax: 727.821.8466). Location: 0.33 acres located on the north side of Brightwater Drive, approximately 600 feet east of Hamden Drive. Zoning: T, Tourist District. Request: Flexible Development approval to permit 1) attached dwellings with a building height of 28.66 feet, 2) reduction the side (east) setback from 10 feet to 5.3 feet (to building), 3) reduction of the side (east) setback from 10 feet to 6.7 feet (to pavement), 4) reduction of the side (west) setback from 10 feet to 5.4 feet (to building), 5) reduction of the rear (north) setback from 20 feet to 13.6 feet (to pool deck) and from 20 feet to zero feet (to boardwalk), and 6) to permit parking that is designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C, and Preliminary Plat approval for six lots. Proposed Use: An attached residential development of six dwelling units. Neighborhood Association: Clearwater Beach Civic Association (Pres. David MacNamee, 827 Mandalay Ave., Clearwater, FL 33767; phone: 727.446.5801; e-mail: dmacnav@att.net). Presenter: Michael H. Reynolds, AICP, Senior Planner. Community Development 2003-10-21 7 . The almost square site is 0.33 acres located on the north side of Brightwater Drive, approximately 600 feet east of Hamden Drive. It is located within a highly developed area and has frontage along Clearwater Harbor. The site is located within the Small Motel District of Beach By Design, which provides for the redevelopment of Brightwater Drive with townhomes and timeshares between two and four stories above parking. The proposal includes constructing a six-unit, two-story townhome. The parking within the building will include two garage spaces per unit. Each unit will have a singlewide driveway (10 feet wide). The design requires that cars back out into the right-of-way to exit the site. The Community Development Code prohibits "back out" parking for any uses other than detached dwellings. The site is located on Brightwater Drive, which is a cul-de-sac street approximately 1,700 feet in length and generally used only by persons with a destination on the street. It is the Planning Department's policy that town homes function similarly as single-family detached homes. The request is to permit 1) attached dwellings with a building height of 28.66 feet, 2) reduce the side (east) setback from 10 feet to 5.3 feet (to building), 3) reduce the side (east) setback from 10 feet to 6.7 feet (to pavement), 4) reduce the side (west) setback from 10 feet to 5.4 feet (to building), 5) reduce the rear (north) setback from 20 feet to 13.6 feet (to pool deck) and from 20 feet to zero feet (to boardwalk), and 6) to permit parking that is designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C, and Preliminary Plat approval for six lots. . The design of the buildings will include light color shades of green, pink, yellow, gray, and sand/beige, with varying degrees of white trim. Both the front and rear elevations are provided with a number of windows. The building also will be articulated with unit entries recessed from the front fayade. On the rear of the building, units will be provided with a balcony on the second floor and on the "roof-top" deck. The landscape plan meets Code requirements, utilizing a variety of a colorful groundcover. 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. The applicant will be selling the units fee simple, which includes land, and will record a Final Plat prior to the issuance of building permits. With this proposal, the existing docks will be retained. Use of the docks should be for residents and their guests only and not sub-leased. Proposed utility facilities (electric and communication lines) on-site and existing aboveground utility facilities in the public rights-of-way will be required to be placed underground, or provisions made for placing the utilities underground (including interim construction details to be completed prior to the issuance of the first certificate of occupancy) within timeframes acceptable to the City. The Development Review Committee reviewed the application and supporting materials on September 18, 2003. The Planning Department recommends approval of the Flexible Development approval to permit 1) attached dwellings with a building height of 28.66 feet, 2) reduce the side (east) setback from 10 feet to 5.3 feet (to building), 3) reduce the side (east) setback from 10 feet to 6.7 feet (to pavement), 4) reduce the side (west) setback from 10 feet to 5.4 feet (to building), 5) reduce the rear (north) setback from 20 feet to 13.6 feet (to pool deck) and from 20 feet to zero feet (to boardwalk), and 6) permit parking that is designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project, under the . Community Development 2003-10-21 8 . . . provisions of Section 2-803.C, and Preliminary Plat approval for six lots for the site at 140-144 Brightwater Drive, 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 2-804.C; 2) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 3) The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1) That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2) That boats moored at the docks be for the exclusive use by the residents and/or guests of the town homes and not be permitted to be sub-leased separately from the town homes; 3) That the National Fire Protection Association (NFPA) 303 standards for "marinas and boat yards" be met to the satisfaction of the Fire Department prior to the issuance of any building permits, including a detail for the wet standpipe; 4) That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5) That all proposed utilities (from the right-of-way to the proposed buildings) be placed underground and installation of conduit(s) along the entire length of the site's street frontage be completed prior to the issuance of the first certificate of occupancy; 6) That the landscape and irrigation plans be revised to address all landscape and irrigation review comments prior to building permit issuance; 7) That a tree permit be obtained prior to building permit issuance; 8) That all Recreation facility impact fees be paid prior to any building permit issuance or plat recording, which ever occurs first; 9) That a copy of the SWFWMD permit exemption be provided prior to any building permit issuance; 10) That all stormwater, water and sewer design standards of the Engineering Department be met prior to any building permit issuance; 11) That all Fire Department requirements be met prior to the issuance of any permits; 12) That traffic impact fees be determined and paid prior to all Certificate of Occupancy issuances; and 13) That no building permits be issued until recording of the final plat. AND 4. Case: FLD2003-08041/TDR2003-08004 - 514 S. Gulfview Blvd. Level Two Application Owner: Brian A. Kalan and Joanne Kalan, and ACS Resorts, Inc. Applicant: Simdag Investments, LLC. Representative: Housh Ghovaee, Northside Engineering Services, Inc. (601 Cleveland Street, Suite 930, Clearwater, FL 33755; phone: 727.443.2869; fax: 727.446.8036) Location: 1.54 acres located on the north side of Gulfview Boulevard, south of Clearwater Harbor, approximately 100 feet south of the intersection of Hamden Drive and South Gulfview Boulevard. Zoning: T, Tourist District. Request: Flexible Development approval to permit attached dwellings with reductions to the required front setback from 15 feet to 10 feet for pavement, a reduction to the required side (west) setback from 10 feet to five feet to pavement and pool deck, a reduction from the required side (west) setback from ten feet to five feet to the pool bath building, a reduction from the required side setback (east) from ten feet to six feet to the generator building and from 10 feet to 5.7 feet to the dumpster staging area, a reduction to the required rear yard setback from 20 feet to zero feet to the pool deck, and from 20 feet to seven feet to pavement, a reduction to the required rear yard setback from 20 feet to 16.5 feet to building, and an increase in height from 35 feet to 93 feet (midpoint of all roofs), as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C and the Transfer of Development Rights for nine dwelling units from 130 Brightwater Drive (three units), 145 Brightwater Drive (five units) and 620 Bayway Boulevard (one unit), under the provisions of Section 4-1403. Community Development 2003-10-21 9 . . . Proposed Use: Attached dwelling units (55-unit condominium; seven floors of living area over ground-level parking). Neighborhood Association: Clearwater Beach Civic Association (Pres. David MacNamee, 827 Mandalay Ave., Clearwater, FL 33767; phone: 727.446.5801; e-mail: dmacnav@att.net). Presenter: Michael H. Reynolds, AICP, Senior Planner. The site is 1.54 acres located on the north side of South Gulfview Boulevard, south of Clearwater Harbor and approximately 100 feet south of the intersection of Hamden Drive and South Gulfview Boulevard. It is located along a highly developed area within Clearwater beach and has frontage along Clearwater Harbor. The site is located within the South Beachl Clearwater Pass District of Beach By Design, which is a distinctive area of mixed uses including high rise condominiums, resort hotels, and commercial uses. Beach By Design contemplates this District will be an area of strategic revitalization and renovation in response to improving conditions on the balance of Clearwater beach. . The site currently is developed with 78 motel rooms (two motels). The motels comprise seven buildings, which will be demolished. The existing docks will be removed prior to issuance of a certificate of occupancy. The proposal includes constructing a 55-unit, eight-story building, with seven floors of living area above one floor of ground-level parking. Each unit will be approximately 1,814 square-feet in area. The parking will include 98 spaces (1.78 spaces per unit). Development of this site will confine access to a single, 24 foot-wide driveway with on-site vehicular maneuvering area. The request is to permit attached dwellings with reductions to the required front (south) setback from 15 feet to 10 feet from pavement, a reduction to the required side (west) setback from 10 feet to five feet to pavement and pool deck, a reduction from the required side (west) setback from ten feet to five feet to the pool bath building, a reduction from the required side setback (east) from ten feet to six feet to the generator building and from 10 feet to 5.7 feet to the dumpster staging area, a reduction to the required rear (north) setback from 20 feet to zero feet to the pool deck, and from 20 feet to seven feet to pavement, a reduction to the required rear (north) setback from 20 feet to 16.5 feet to building, and an increase in height from 35 feet to 93 feet (midpoint of all roofs), as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C and the Transfer of Development Rights for nine dwelling units from 130 Brightwater Drive (three units), 145 Brightwater Drive (five units) and 620 Bayway Boulevard (one unit), under the provisions of Section 4-1403. The color of the buildings will include taupe (for most of the building) and a rust type color (lower level of the building, pool bath building, and generator building). There will be a clay barrel tile roof and a significant number of windows on all elevations. Units will have balconies on all sides of the building. The trim and detail color will be white and almond blossom. Railings on the front and rear will be white. The landscape plan meets the requirements of Code utilizing a variety of colorful ground covers. A monument sign is proposed for location on the southeast side of the property. The monument sign is not to exceed six feet in height and 12 square-feet in area on each side. A dumpster staging area is located just northwest of the monument sign location. The dumpster will be rolled out and returned to the building on trash collection day. All required Parks and Recreation fees will be required to be paid prior to the issuance of any building permits. Community Development 2003-10-21 10 . . . Additionally, a copy of the SWFWMD permit is to be placed in the Development Services file prior to Building permit issuance. The Development Review Committee reviewed the application and supporting materials on September 18, 2003. The Planning Department recommends approval of the request to permit attached dwellings with reductions to the required front setback from 15 feet to 10 feet for pavement, a reduction to the required side (west) setback from 10 feet to five feet to pavement and pool deck, a reduction from the required side (west) setback from ten feet to five feet to the pool bath building, a reduction from the required side setback (east) from ten feet to six feet to the generator building and from 10 feet to 5.7 feet to the dumpster staging area, a reduction to the required rear yard setback from 20 feet to zero feet to the pool deck, and from 20 feet to seven feet to pavement, a reduction to the required rear yard setback from 20 feet to 16.5 feet to building, and an increase in height from 35 feet to 93 feet (midpoint of all roofs), as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C and the Transfer of Development Rights for nine dwelling units from 130 Brightwater Drive (three units), 145 Brightwater Drive (five units) and 620 Bayway Boulevard (one unit), under the provisions of Section 4-1403, for the site at 514 South Gulfview 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 2-803.C; 2) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 3) The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1) That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2) That a Unity of Title be recorded tying all lots together as one lot prior to the issuance of any building permits; 3) That boats moored at the docks be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 4) That floating and dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 5) That covered boat lifts be prohibited (uncovered boat lifts may be reviewed at an administrative level provided that all requirements of Section 3-601 are met); 6) That the National Fire Protection Association (NFPA) 303 standards for "marinas and boat yards" be met to the satisfaction of the Fire Department prior to the issuance of any building permits; 7) That all Parks and Recreation fees be paid prior to the issuance of any building permits; 8) That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 9) That all stormwater, water and sewer design standards of the Engineering Department be met prior to the issuance of any building permits; 10) That the dumpster enclosure meet the requirements of the Solid Waste Department prior to the issuance of any building permits; 11) Traffic impact fees are to be determined and paid prior to Certificate of Occupancy; 12) That the landscape and irrigation plan sheets be revised and legible, pursuant to DRC comments; 13) That all Fire Department requirements be met prior to the issuance of any building permits; 14) That the monument sign be limited to six feet in height and be consistent with the architecture and color of the building; 15) That the condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; and 16) Provide a copy of the SWFWMD permit to the Planning Department prior to building permit issuance. See the end of Item E9, Page 16 and 17, for the motion of approval for Items E2, E3, and E4. Community Development 2003-10-21 11 . . . 5. Item pulled from Consent Agenda Level Three Application Case: ANX2003-08021 - 2525 Druid Road Owners: South Gate Park, Incorporated. Representative: Keith A. Lawes, Global Financial Investments, LLC (phone: 727.723.0038; cell: 727.515.7070; email: klawes@tamoabav.rr.com). Location: 0.42 acre located on the south side of Druid Road, approximately 400 feet west of U.S. Highway 19. Atlas Page: 299B. Request: Annexation of 0.42 acre to the City of Clearwater to be included as part of a pending land use and zoning case (LUZ2003-08006). Proposed Use: Attached Dwellings. Neighborhood Association(s): 1. Tropic Hills Neighborhood Association (Michael Sobota, 2472 Burnice Drive, Clearwater, FL 33764; phone: 813.494.3059; e-mail: trooichills@hotmail.com); and 2. South Gate Homeowners Inc., South Gate Park Board of Directors, 20000 U.S. Highway 19 North, Clearwater, FL 33764; phone: 727.726.7888. Presenter: Marc A. Mariano, Planner. Planner Marc Mariano reviewed the following two requests. This annexation involves a 0.42-acre parcel located on the south side of Druid Road, approximately 400 feet west of U.S. Highway 19 South. The property is contiguous with the existing City boundaries on all sides and therefore eliminates an enclave. The applicant is requesting this annexation to include the site as part of an attached dwelling project. All required impact fees will be paid at the time building permits are issued. A companion application to change the Future Land Use Plan category of this site from Residential Urban (RU) to Preservation (P), and to rezone it from C-2, General Retail, Commercial and Limited Services District (County) to the P, Preservation District is being processed concurrently with this annexation request in LUZ2002-08006 (see agenda item E-6). The proposed annexation can be served by City of Clearwater services, including water, sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and eliminates an enclave. Based on its analysis, the Planning Department recommends approval of the annexation of the property located at 2525 Druid Road. Item E5, Case ANX2003-08021 and Item E6, Case LUZ2003-08006, were discussed at the same time. Representative Keith Lawes said he had provided a presentation on this proposal to the abutting mobile home park. Two people spoke in opposition to the requests. Assistant City Attorney Leslie Dougall-Sides said the developer is a separate entity from the mobile home park. Long Range Planning Manager Gina Clayton said the City Commission will hold two hearings related to these requests. Planner Marc Mariano said if the zoning did not change, a 22,000 square-foot office building, could be constructed on the site. An office Community Development 2003-10-21 12 . development would be a much more intense use than the 10 residential units contemplated. It was stated it is unusual that nearby residents oppose a reduction in zoning intensity. Member Hooper moved to recommend approval of Item E5, Case ANX2003-08021. The motion was duly seconded and carried unanimously. 6. Item pulled from Consent Agenda Level Three Application Case: LUZ2003-08006 - 2525 Druid Road Owners: South Gate Park, Incorporated. Representative: Keith A. Lawes, Global Financial Investments, LLC (phone: 727.723.0038; cell: 727.515.7070; email: klawesCCi>.tamoabav.rr.com). Location: 3.35 acres located on the south side of Druid Road, approximately 400 feet west of U.S. Highway 19. Atlas Page: 299B. Request: a) Land Use Plan amendment from the Residential/Office General (R/OG) Classification and the Residential Urban (RU) Classification to the Residential Low Medium (RLM) Classification and the Preservation (P) Classification (pending ANX2003-08021); and b) Rezoning from the C-2, General Retail, Commercial and Limited Services District (County) and the 0, Office District (City of Clearwater) to the MDR, Medium Density Residential District (City of Clearwater) and P, Preservation District (City of Clearwater) (pending ANX2003-08021). Proposed Use: Attached Dwellings. Neighborhood Association(s): 1. Tropic Hills Neighborhood Association (Michael Sobota, 2472 Burnice Drive, Clearwater, FL 33764; phone: 813.494.3059; e-mail: trooichillsCCi>.hotmail.com); and 2. South Gate Homeowners Inc., South Gate Park Board of Directors, 20000 U.S. Highway 19 North, Clearwater, FL 33764; phone: 727.726.7888. Presenter: Marc A. Mariano, Planner. . This Future Land Use Plan amendment and rezoning application involves two vacant parcels of land, approximately 3.35-acres in area. Almost two and one-half acres of the overall site is a jurisdictional wetland and cannot be developed. The site has Future Land Use Plan designations of Residential/Office General (R/OG) (County) and Residential Urban (RU) (City), as well as zoning classifications of C-2, General Retail, Commercial and Limited Services District (County) and 0, Office District (City). The applicant is requesting to amend the Future Land Use Plan designation of this site to the Residential Low Medium (RLM) and Preservation (P) classifications and to rezone it to the MDR, Medium Density Residential and P, Preservation Districts to allow the development of attached dwellings on the upland area of the property. A companion application to annex a portion of this property into the City of Clearwater is being processed concurrently with this land use plan amendment and rezoning (ANX2003-08021), as well as a flexible development application to construct ten (10) attached dwelling units (FLD2003-08038). 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 and density involved in this plan amendment, review and approval by the Florida Department of Community Affairs is not required. . Community Development 2003-10-21 13 . . . An amendment to the Future Land Use Plan from the Residential/Office General (R/OG) (City) category and the Residential Urban (RU) (County) category to the Residential Low Medium (RLM) (City) category and Preservation (P) (City) category and a rezoning from the 0, Office District (City) and the C-2, General Retail, Commercial and Limited Services District (County) to the MDR, Medium Density Residential District and the P, Preservation District for the subject property is requested in order to develop attached dwellings on the site. The site is surrounded by a mobile home park to the south, vacant land to the east and north, and Progress Energy high-tension power lines to the immediate west, with single-family dwellings beyond. The proposed Residential Low Medium (RLM) Future Land Use Plan classification and MDR, Medium Density Residential zoning district are consistent with both the City and the Countywide Comprehensive Plans, are compatible with the surrounding area, do not require nor affect the provision of public services, are compatible with the natural environment and are consistent with the development regulations of the City. The Planning Department recommends approval of the following actions on this application: 1) Amend the Future Land Use Plan designation for 2525 Druid Road from the Residential/Office General (R/OG) (City) category and the Residential Urban (RU) (County) category to the Residential Low Medium (RLM) (City) category and Preservation (P) category, and 2) Amend the zoning district designation for 2525 Druid Road from the 0, Office District (City) and the C-2, General Retail, Commercial and Limited Services District (County) to the MDR, Medium Density Residential District and P, Preservation District. Item E5, Case ANX2003-08021 and Item E6, Case LUZ2003-08006, were discussed at the same time. Please see Item E5, page 12, for discussion. Member Hooper moved to recommend approval of Item E6, Case LUZ2003-08006. The motion was duly seconded and carried unanimously. 7. Case: ANX2003-08017 - 2160 Range Road Level Three Application Applicant: J. C. Weaver. Owner: Weaver Enterprises, Incorporated. Representative: Steve Toutant, Weaver Enterprises (2050 Weaver Park Drive, phone: 727.442.0035) . Location: 3.15 acres located at the northwest corner of Range Road and Belcher Road. Atlas Page: 271 B. Request: a) Annexation of 3.15-acres to the City of Clearwater; b) Land Use Plan amendment from the IL, Industrial Limited Category (County) to the IL, Industrial Limited Category (City of Clearwater); and c) Rezoning from the M-1, Light Manufacturing and Industry District (County) to the IRT, Industrial, Research, Technology District (City of Clearwater). Proposed Use: Warehouse and Office. Neighborhood Association: None. Presenter: Marc A. Mariano, Planner. The subject property is located at the northwest corner of the intersection of Range and Belcher roads. The applicant is requesting this annexation to receive City sewer and water Community Development 2003-10-21 14 . service and to construct a 37,000 square-foot building to City standards. The property is contiguous with existing City boundaries to the north, south, east, and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 3.15-acres in area and is currently vacant. It is proposed that the property have a Future Land Use Plan designation of Industrial Limited (IL) and a zoning category of IRT, Industrial, Research and Technology. The proposed annexation can be served by City of Clearwater services, including water, sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant is aware of the required sanitary sewer and water impact and assessment fee payments and also is aware of the additional cost to connect the property to the City sewer system. The proposed annexation and proposed 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 proposed use of this site as an office and warehouse is consistent with the IRT zoning district. Finally, the proposed annexation is consistent with Pinellas' County law regarding voluntary annexation. Based on its analysis, the Planning Department recommends approval of the annexation of the property located at 2160 Range Road, approval of the Industrial Limited (IL) category pursuant to the City's Comprehensive Plan, and approval of the IRT, Industrial, Research and Technology zoning district pursuant to the City's Community Development Code. AND . 8. Case: ANX2003-08018 - 500 Dora Drive Level Three Application Owners/Applicants: Hayden and Amy Beatty (phone: 727.725.9851). Location: 0.24 acre located on the west side of Dora Drive, approximately 250 feet south of Sharkey Road. Atlas Page: 281A. Request: a) Annexation of 0.24 acre to the City of Clearwater; b) Land Use Plan amendment from the RL, Residential Low Category (County) to the RL, Residential Low Category (City of Clearwater); and c) Rezoning from the R3, Single Family Residential District (County) to the LMDR, Low Medium Density Residential District (City of Clearwater). Proposed Use: Existing single-family dwelling. Neighborhood Association: None. Presenter: Marc A. Mariano, Planner. The subject property is located at 500 Dora Drive, on the west side of the street approximately 250 feet south of Sharkey Road. The applicant is requesting this annexation in order to receive City sewer service. The property is not contiguous to existing city boundaries, however, it is located in an enclave surrounded by city property on all sides and is within the borders of the City's planning area; therefore, the proposed annexation is consistent with Pinellas County Ordnance 00-63 with regards to voluntary annexation. The subject site is approximately O.24-acre in area and is occupied by an existing single-family detached dwelling. . Community Development 2003-10-21 15 . . . 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 is aware of the assessment fee and impact fee payments required for sewer connection, as well as any additional costs to extend City sewer service to the property. 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 proposed use of this site as a single-family dwelling is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Pinellas County law regarding voluntary annexation. Based on its analysis, the Planning Department recommends approval of the annexation of the property located at 500 Dora Drive, approval of the Residential Low (RL) category pursuant to the City's Comprehensive Plan, and approval of the LMDR, Low Medium Density Residential zoning district pursuant to the City's Community Development Code. AND 9. Case: ANX2003-08020 - 2386 Dora Drive Level Three Application Owners/Applicants: Jeffrey and Deanna Rogers (phone: 727.725.7448). Location: 0.24 acre located on the north side of Dora Drive, approximately 535 feet south of Sharkey Road. Atlas Page: 308A. Request: a) Annexation of 0.24 acre of property and 0.14 acre of the abutting Dora Drive right-of-way to the City of Clearwater; b) Land Use Plan amendment from the RL, Residential Low Category (County) to the RL, Residential Low Category (City of Clearwater); and c) Rezoning from the R3, Single Family Residential District (County) to the LMDR, Low Medium Density Residential District (City of Clearwater). Proposed Use: Existing single-family dwelling. Neighborhood Association: None. Presenter: Marc A. Mariano, Planner. The subject property is located at 2386 Dora Drive, on the west side of the street approximately 535 feet south of Sharkey Road. The applicant is requesting this annexation in order to receive City sewer service. The property is not contiguous to existing City boundaries, however, it is located in an enclave surrounded by City property on all sides and is within the borders of the City's planning area; therefore, the proposed annexation is consistent with Pinellas County Ordnance 00-63 with regards to voluntary annexation. The subject site is approximately 0.23-acre 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 Community Development 2003-10-21 16 . . . sanitary sewer, solid waste, police, fire, and emergency medical services without any adverse effect on the service level. The applicant has paid the assessment fee and the impact fee payments required for sewer connection and is aware of any additional costs to extend City sewer service to the property. 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 the Future Land Use Map, as well as the goals and policies. The existing and proposed use of this site as a single-family dwelling is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Pinellas County law regarding voluntary annexation. Based on its analysis, the Planning Department recommends approval of the annexation of the property located at 2386 Dora Drive, approval of the Residential Low (RL) category pursuant to the City's Comprehensive Plan, and approval of the LMDR, Low Medium Density Residential zoning district pursuant to the City's Community Development Code. Member Hooper moved to approve Item E2, Case FLD2003-07033/PL T2003-0001 0 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- 804.C; 2) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 3) The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1) That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2) That boats moored at the docks be for the exclusive use by the residents and/or guests of the townhomes and not be permitted to be sub-leased separately from the townhomes; 3) That the National Fire Protection Association (NFPA) 303 standards for "marinas and boat yards" be met to the satisfaction of the Fire Department prior to the issuance of any permits, including a detail for the wet standpipe; 4) That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5) That all proposed utilities (from the right-of-way to the proposed buildings) be placed underground and installation of conduit(s) along the entire length of the site's street frontage be completed prior to the issuance of the first certificate of occupancy; 6) That the landscape and irrigation plans be revised to address all landscape and irrigation review comments prior to building permit issuance; 7) That a tree permit be obtained prior to building permit issuance; 8) That all Recreation facility impact fees be paid prior to any building permit issuance or plat recording, which ever occurs first; 9) That a copy of the SWFWMD (Southwest Florida Water Management District) permit exemption be provided prior to any building permit issuance; 10) That all stormwater, water and sewer design standards of the Engineering Department be met prior to any building permit issuance; 11) That all Fire Department requirements be met prior to the issuance of any permits; 12) That traffic impact fees be determined and paid prior to all Certificate of Occupancy issuances; and 13) That no building permits be issued until recording of the final plat, Item E3, Case FLD2003-07034/PL T2003-00009, 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 2-804.C; 2) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 3) The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1) That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2) That boats moored at the docks be for the exclusive use by the residents and/or guests Community Development 2003-10-21 17 . . . of the townhomes and not be permitted to be sub-leased separately from the townhomes; 3) That the National Fire Protection Association (NFPA) 303 standards for "marinas and boat yards" be met to the satisfaction of the Fire Department prior to the issuance of any building permits, including a detail for the wet standpipe; 4) That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5) That all proposed utilities (from the right-of-way to the proposed buildings) be placed underground and installation of conduit(s) along the entire length of the site's street frontage be completed prior to the issuance of the first certificate of occupancy; 6) That the landscape and irrigation plans be revised to address all landscape and irrigation review comments prior to building permit issuance; 7) That a tree permit be obtained prior to building permit issuance; 8) That all Recreation facility impact fees be paid prior to any building permit issuance or plat recording, which ever occurs first; 9) That a copy of the SWFWMD permit exemption be provided prior to any building permit issuance; 10) That all stormwater, water and sewer design standards of the Engineering Department be met prior to any building permit issuance; 11) That all Fire Department requirements be met prior to the issuance of any permits; 12) That traffic impact fees be determined and paid prior to all Certificate of Occupancy issuances; and 13) That no building permits be issued until recording of the final plat and Item E4, Case FLD2003-08041/TDR2003-08004 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 2-803.C; 2) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 3) The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1) That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2) That a Unity of Title be recorded tying all lots together as one lot prior to the issuance of any building permits; 3) That boats moored at the docks be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 4) That floating and dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 5) That covered boat lifts be prohibited (uncovered boat lifts may be reviewed at an administrative level provided that all requirements of Section 3-601 are met); 6) That the National Fire Protection Association (NFPA) 303 standards for "marinas and boat yards" be met to the satisfaction of the Fire Department prior to the issuance of any building permits; 7) That all Parks and Recreation fees be paid prior to the issuance of any building permits; 8) That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 9) That all stormwater, water and sewer design standards of the Engineering Department be met prior to the issuance of any building permits; 10) That the dumpster enclosure meet the requirements of the Solid Waste Department prior to the issuance of any building permits; 11) Traffic impact fees are to be determined and paid prior to Certificate of Occupancy; 12) That the landscape and irrigation plan sheets be revised and legible, pursuant to DRC comments; 13) That all Fire Department requirements be met prior to the issuance of any building permits; 14) That the monument sign be limited to six feet in height and be consistent with the architecture and color of the building; 15) That the condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; and 16) Provide a copy of the SWFWMD permit to the Planning Department prior to building permit issuance, and recommend approval of Item E7, Case ANX2003-08017, Item E8, Case ANX2003-08018, and Item E9, Case ANX2003-08020. The motion was duly seconded and carri.ed unanimously. Community Development 2003-10-21 18 . . . 10. Item pulled from Consent Agenda Case: LUZ2003-08007 - 1515 South Highland Avenue Level Three Application Owners: Griffin International, Incorporated. Representative: Mr. Dushyant Gulati, Griffin International, Incorporated (186 Bayside Drive Clearwater, Florida 33767; phone: 727.444.4495; fax: 727.444.4496). Location: 1.16 acres located on the east side of South Highland Avenue, approximately 700 feet north of Belleair Road. Atlas Page: 315A. Request: a) Land Use Plan amendment from the Residential/Office General Classification (R/OG) (City) to the Commercial General Classification (CG) (City); and b) Rezoning from the a, Office District (City) to the C, Commercial District (City). Existing Use: Retail sales and service. Neighborhood Association: None. Presenter: Mark T. Parry, Planner. This Future Land Use Plan (FLUP) amendment and rezoning application involves 1.16 acre of an 8.46-acre parcel of land located on the east side of South Highland Avenue, approximately 700 feet north of Belleair Road. The entire site currently is developed with an 84,830 square-foot shopping center, LaBelle Plaza Shopping Center. The portion of the site, which is the subject of this application has a FLUP designation of Residential/Office General (R/OG) and a zoning classification of a, Office, which does not permit stand alone retail sales, therefore this portion of the property is a legal non-conforming use. The applicant is requesting to amend the FLUP designation to the Commercial General (CG) classification and to rezone it to the C, Commercial District to render this portion of the parcel conforming. The remainder of the property, 7.30 acres, has a FLUP designation of Commercial General (CG) and currently is zoned C, Commercial District and is 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 size of the plan amendment request, review and approval by the Florida Department of Community Affairs is not required. An amendment of the FLUP from Residential/Office General (R/OG) to Commercial General (CG) and a rezoning from 0, Office District, to the C, Commercial District for the subject site is requested. The subject site (1.16 acres) in combination with the greater site (8.46 acres in total) as a whole exceeds the minimum requirements for the existing use of the property as retail sales and service. Multi-family residential dwellings to the northeast and single-family residential dwellings to the north and east characterize the neighborhood. A variety of non-residential uses exist to the west and south. The proposed land use amendment and rezoning will be compatible with the existing neighborhood and will consolidate the remainder of the Griffin International, Inc. holding into the appropriate land use category and zoning district. No change to the existing shopping center (retail sales and service) is proposed. The proposed Commercial General (CG) Future Land Use classification and C, Commercial District zoning district are consistent with both the City and the Countywide Comprehensive Plans, are compatible with the surrounding area, do not require nor affect the Community Development 2003-10-21 19 . . . provision of public services, are compatible with the natural environment, and are consistent with the development regulations of the City. Based on its analysis, the Planning Department recommends approval of the Land Use Plan amendment from the Residential/Office General Classification (R/OG) to the Commercial General Classification (CG) and Rezoning from the 0, Office District to the C, Commercial District. Ms. Fierce reported staff had answered questions from the person who had objected to approval of this item on the Consent Agenda. That person no longer objects and has left the meeting. Member Doran moved to recommend approval of Item E10, Case LUZ2003-08007. The motion was duly seconded and carried unanimously. The meeting recessed from 3:21 to 3:27 p.m. F. NON-CONSENT AGENDA (Item 1): 1. Case: FLD2003-08036 - 935 Lakeview Road Leve/ Two Application Owner/Applicant: Larry Dean (1856 Redcoat Lane Clearwater, FL 33764; phone: 727.536.7723; cell: 727.692A036; email: Idean4@tampbav.rr.com). Location: 0.11 acre located on the south side of Lakeview Road, approximately 100 feet west of Ewing Avenue. Atlas Page: 306A. Zoning: C, Commercial District. Request: Flexible Development approval to permit a reduction in the minimum lot area from 10,000 square-feet to 4,920 square-feet, a reduction in the lot width from 100 feet to 49 feet, a reduction in the front (north) setback from 25 feet to four feet (to pavement) along Lakeview Road, reductions in the side (east) setback from 10 feet to four feet (to pavement) and from 10 feet to five feet (to building), a reduction in the front (south) setback from 25 feet to 10 feet (to building) along Dempsey Street, and reductions in the side (west) setback from 10 feet to two feet (to pavement) and from 10 feet to one foot (to building), for an office use as a Comprehensive Infill Redevelopment Project under the provision of Section 2-704.C. Proposed Use: A 1,260 square-foot office. Neighborhood Association: South Clearwater Citizens or Progressive Action (Lake Belleview Community). Contact: Duke Tieman, 1120 McKinley Street, Clearwater, FL 33756; phone: 727.446.3853; email: duketieman@aol.com Presenter: Bryan Berry, Planner. Mr. Berry reviewed the request. The 0.11-acre site is located on the south side of Lakeview Road, approximately 100 feet west of Ewing Avenue. The parcel has two frontages, one along Lakeview Road and a second along Dempsey Street. The parcel is comprised of Lots five and six, Block 1, of the "Lake Belleview Addition" plat. The parcel is located within a strip of commercially zoned properties that divide Lakeview Road and Dempsey Street. It is currently vacant and undeveloped, with an existing concrete drive in the northeast corner. The applicant has proposed to construct a 1,260 square-foot building to serve as an office for his painting business. The office will provide space to store equipment and meet with Community Development 2003-10-21 20 . potential clients. All work activities will take place at designated sites based on the clients' request. The proposed hours of operation will be from 8:00 a.m. to 5:00 p.m. The proposed site plan has one point of ingress/egress located on Lakeview Road. This point of access will be a 24-foot driveway. To the south of the parcel, separated by the proposed 1,260 square-foot single-story office building, will be a 13-foot concrete driveway exiting onto Dempsey Street. The proposed office building will have two aligned garage doors located on the north and south building fa9ades. This will allow the applicant to enter, store, and exit the parcel in a one-way direction. A reduction in the amount of parking from 4 spaces per 1,000 square-feet to 3 spaces per 1,000 square-feet for the office use is proposed. Due to existing lot dimensions, a reduction in side setbacks to pavement is necessary for the parking to meet City parking standards, while also maintaining a 24-foot drive isle for the public to enter and exit the parking lot. The setback reduction requests are found to be compatible with current Commercial zoning and the established neighboring setback patterns. The two lots comprising this parcel were platted in 1925. The lot dimensions of 1925 differ greatly from current Code requirements and relief from the minimum development standards can be justified. The existing Commercial zoning for the property permits an office use. An office use located within a Commercial District is a less intensive use than other types of uses that could be permitted within the district and is compatible with a residential neighborhood. The applicant has shown the adjacent property on the east to have a 1.5-foot setback from property line to building, which establishes a characteristic of setback reduction. . The applicant has documented on the site plan that signage is to be attached to the fa9ade. It will be less than 4.5 square-feet and will not be illuminated. The applicant will be notified that a separate permit is required for signage. The Development Review Committee reviewed the application on September 18, 2003. The Planning Department recommends approval of the Flexible Development to permit a reduction in the minimum lot area from 5,000 square-feet to 4,920 square-feet, a reduction in the lot width from 50 feet to 49 feet, a reduction in the front (north) setback from 25 feet to four feet (to pavement) along Lakeview Road, the side (east) setback from 10 feet to four feet (to pavement) and five feet (to building), the front (south) setback from 25 feet to 10 feet (to building) along Dempsey Street, and the side (west) setback from 10 feet to two feet (to pavement) and one foot (to building) for an office, as a Comprehensive Infill Redevelopment Project under the provision of Section 2-704.C, with the following bases and conditions: Bases for Approval: 1) The proposal is in compliance with the Comprehensive Infill Redevelopment Project criteria, per Section 2-704.C; 2) The proposal is in compliance with the General Applicability criteria, under Section 3-913; and 3) The improvements are compatible with the surrounding area. Conditions of Approval: 1) That all future signage will require a permit for approval; 2) That no residential unit be included in Building Construction Plans; 3) That one of the proposed oaks be removed due to inadequate spacing for growth on Building Construction Plans; 4) That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by COB; and 5) That all Traffic Impact Fees be paid prior to the issuance of a Certificate of Occupancy. Member Moran declared a conflict of interest. . Community Development 2003-10-21 21 . . . Three people spoke in opposition to the request and a petition opposing the request was submitted. Mr. Berry said the office use would be less intense than a commercial use would. The parking and drive aisle requirements are the same for either type of development. Discussion ensued with concerns expressed that the swale is not designed properly to convey water to the retention pond, the lot is too small for the subject project, and backout traffic would crush proposed landscaping. In response to a question, Owner/Applicant Larry Dean said he proposed a drive through design for the garage as it would be dangerous to back out onto Lakeview. He plans to access the garage via Lakeview and depart the garage onto Dempsey. The building will feature an office, break room and bathroom in 500 square-feet of space with the remainder of the building to be used for a drive-through area and storage for lift and painting equipment. No residential component is proposed. He said a lake separates this project from residences. He said a landscape architect had designed the swale and assured him it would work. Concern was expressed the swale could not be maintained adequately to work efficiently. Mr. Gerlock recommended the item be continued to allow time for Mr. Dean's architect and engineer to meet with staff. Concern was expressed the design of the project sounds more like a staging area where equipment is stored and orders are taken, than an office. It was stated while the request would reduce setbacks, the landscaping requirements are not reduced. In response to a concern that the applicant is stretching limits to comprehensive infill development to the maximum, Mr. Gerlock said the Code permits applicants to submit these types of requests. Discussion ensued with comments that the building is too wide for the lot, the request is an overuse of the property and would cover the majority of the lot with a building and pavement, commercial vehicles should not access the business via residential streets, a two-foot side setback is inadequate to meet maintenance requirements and too small to construct the building, and the drainage swale will not function properly. Member Hooper moved to moved to continue Item F1, Case FLD2003-08036, to a date uncertain. The motion was duly seconded. Members Hooper, Plisko, Mazur, Doran, and Chair Petersen voted "Aye." Member Moran abstained. Motion carried. Community Development 2003-10-21 22 . . . G. DIRECTOR'S ITEMS: 1. November 18,2003 Meeting 2. Holiday Luncheon This year's Holiday luncheon is scheduled at the Harborview Center prior to the December 16, 2003 CDB meeting. Members were requested to select a menu choice. Consensus was to donate collected items to the Salvation Army. ADJOURNMENT The meeling adjourned a14:09 P.~~ Chair Community Development Board Attest: Community Development 2003-10-21 23 --, FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS ..J THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON WHI I SERVE IS A UNIT OF: CITY 0 COUNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBD~ISION: .,..,,,..,,/..4- / MY POSITION IS: o ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities 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, please pay close attention to the instructions on this form befor'e 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 il1ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a na _ 9 which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including_ ,. .mt organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or ~ 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 are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, 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 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 described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the utes of the meeting, who should incorporate the form in the minutes. * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made '-., you or at your direction. . e )U INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL. .EN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 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: e · You must disclose orally the nature of your conflict in the measure before participating. · You must complete 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 I. &1-.-./ .-445 'f -7i. . hereby disclose that on 11/ ~ /P 3 (a) A measure came or wi~ome before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, ~~ , ~nured to the special gain or loss of ;'7k)t a/~ ~ whom I am retained; or ,20_: J, ~ "'.siLL , L~ __./~ , by 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 interest in the measure is as follows: ,which ,c~ k...-j-- t:../-o tfLZ ~ ~~'~-/L ~~ 0t-r/ -4.-~ /-/r~ - /'10 Pc. 11)6-/ j J Date Filed /-- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE 0 MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMEf\'''''' EMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, C a. CIVIL PENALTY NOT TO EXCEED $10,000. . CE FORM 88 - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS lAST NAM~T NASIh~iL_ .AILlNG ADDRESS /:30 bL..ID CITY NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE CO /Y}t.u0' / E ~-L i'J P /?'?I:;-,;J /. THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON WH CH I SERVE IS A UNIT OF: ITY 0 COUNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: o ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities 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, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or 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 officer also is prohibited from knowingly voting on a mea- Ire 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 parent organization or subsidiary of a corporate principal by which he or she is retained); to the 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 special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, 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 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 described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CEFORM8B-EF~1~OOO PAGE 1 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 contlict in the measure before participating. · You must complete 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. I, '0-<)1/-1 r<U=:f DISCLOSURE OF LOCAL OFFICER'S INTEREST jY)o/"r-rrl , hereby disclose that on t1('/ -2/ ,200..3 : (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of 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 interest in the measure is as follows: C()fY1fY) 4-"'/'7)' SE/<V;C6 ~o""rI I:>lf/I' i7~ 130 i71<-D fY} e-n; L3C1C- , by ,which . (;.0 Ie <-)-y 19&u/.5 C<s r:: C>,Fn'ce Iko~tj, Date Filed 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: IMPEACHME~..... REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OFW CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS lAST NAME-FIRST NAME-MIDDLE NAME P t. (~/"f 0 A f..E~ VlAILlNG ADDRESS L\. J D(.p OA ~ ,.... CITY c;leA{J,~~ COUN:,GLuK;S -o? NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE COI4-1/V1 \.I ~ 1"'/"''1 p6<J, ~ /3a/IfJ12.. THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~TY a COUNTY NAME OF POLITICAL SUBDIVISION: C-I -ry D MY POSITION IS: a OTHER lOCAL AGENCY APPOINTIVE a ELECTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a volin conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly dependin on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. 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 officer also is prohibited from knowingly voting on a mea- 3ure which i~ure.s to the sp~~ial gain or loss of a ~rin.cipal (oth~r than a gove.rnme~t agency) by who.m h~ or she .is retained (including the I parent orgamzatlon or SubSidiary of a corporate pnnclpal by which he or she IS retained); to the special pnvate 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 special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, 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 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 described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. ,- YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 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 complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of thl 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. I, A L6" 'f... . DISCLOSURE OF LOCAL OFFICER'S INTEREST f (.. ( 7/~O , hereby disclose that on tJ u 7V ~ tJ?'1- 2 ( ,20 ~ (a) A measure came or will come before my agency which (check one) / inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or , by inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. ,which (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: f01Il- /HiS , 10- 'b{ -03 r:240~ Signature Z Date Filed 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: IMPEACHM. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, C. CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 . EFF. 1/2000 PAGE 2 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME rt~v AILING ADDRES~ Q t.J t'; CITY / L CleAVWN/~V DATE ON WHIC VOTE OCCURRED f1 4,( 1) Q OTHER LOCAL AGENCY Q ELECTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a votinr; conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities 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, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or 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 officer also is prohibited from knowingly voting on a mea- ure 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 parent organization or subsidiary of a corporate principal by which he or she is retained); to the 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 special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, 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 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 described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the contlict before making any attempt to influence the decision, whether orally or in writing and whether made y you or at your direction. : YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 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 complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of th 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. I, ~<;~oI ~~CLOSUR~ OF LOCAL OFFICER'S INTEREST I V' /41( J '" r ~ hereby disclose that on I ~ ~ / "" ' ,20~ (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, _ )( inured to the special gain or loss of ~/4."'NA.A../ d~ G'fP? whom I am retained; or lfcl , by 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 interest in the measure is as follows: ,which . ~cr-~' a-L~~~ ;, 7L ~~ -/r.-- rL dL;tJt.:( b~ (~llo) Date Filed 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: IMPEACHM., REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, ~ CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 . .. COMMUNITY DEVELOPMENT BOARD Meeting Date: October 21" 2003 I have conducted a personal investigation on the personal site visit to the following properties. Agenda Item: D. 1. 922 South Missouri Avenue SGN2003-08001 Clearwater Retail Group, Ltd. (Amscot) p< yes no Agenda Item: E. 1. 3080 Allen Avenue FLD2003-08037 Robert Hupp & Allen McMullen yes ~no Agenda Item: E. 2. 935 Lakeview Road FLD2003-08036 Larry Dean (.yes no Agenda Item: E. 3 1521 E. Druid Road FLD2003-08040 The Salvation Army 'I.... yes no .. COMMUNITY DEVELOPMENT BOARD: Meeting Date October 21, 2003 Agenda Item: E. 4. 145 Brightwater Drive FLD2003-07033 / PLT2003-00010 Paradise Cove Clearwater, Inc. >( yes no Agenda Item: E. 5. 140 Brightwater Drive FLD2003-07034 / PL T2003-00009 Gus DiGiovanni )( yes no Agenda Item: E. 6. 514 South Gulfview Boulevard FLD2003-08041/ TDR2003-08004 Brian A. Kalan and Joanne Kalan, and ACS Resorts, Inc. J( yes no Agenda Item: F. 1. 300 South Park Place Boulevard DRI2003-0900 1 Park Place Land, LTD, and Bausch and Lomb Incorporated yes ~ no 2 COMMUNITY DEVELOPMENT BOARD: Meeting Date October 21, 2003 Agenda Item: F. 2. 2525 Druid Road Agenda Item: F. 3. 2525 Druid Road Agenda Item: F. 4. 2160 Range Road Agenda Item: F. 5. 500 Dora Drive Agenda Item: F. 6. 2386 Dora Drive ANX2003-08021 South Gate Park, Incorporated ~ no yes LUZ2003-08006 South Gate Park, Incorporated '{ yes no ANX2003-08017 J. C. Weaver yes cI no ANX2003-08018 Hayden and Amy Beatty yes ^ no \ ANX2003-08020 Jeffrey and Deanna Rogers yes ~o 3 COMMUNITY DEVELOPMENT BOARD: Meeting Date October 21, 2003 Agenda Item: F. 7. 1515 South Highland Avenue LUZ2003-08007 Griffin International, Incorporated yes ~no Signature: Date: S:\Planning Department\C D BICDB, property investigation check list. doc 4 .., , . COMMUNITY DEVELOPMENT BOARD Meeting Date: October 21., 2003 I have conducted a personal investigation on the personal site visit to the following properties. yes 7003-08001 no Clearwater Retail Group, Ltd. (Amscot) Agenda Item: D. 1. 922 South Missouri Avenue Agenda Item: E. 1. 3080 Allen Avenue yes FLD2003-08037 j no Robert Hupp & Allen McMullen Agenda Item: E. 2. 935 Lakeview Road yes 72003-08036 no Larry Dean Agenda Item: E. 3 1521 E. Druid Road FLD2003-08040 The Salvation Army yes Ino \,,1/ I COMMUNITY DEVELOPMENT BOARD: Meeting Date October 21, 2003 ~.. . Agenda Item: E. 4. 145 Brightwater Drive yes Agenda Item: E. 5. 140 Brightwater Drive yes Agenda Item: E. 6. 514 South Gulfview Boulevard yes Agenda Item: F. 1. 300 South Park Place Boulevard yes FLD2003-07033 / PLT2003-00010 Paradise Cove Clearwater, Inc. J no FLD2003-07034 / JL T2003-00009 no Gus DiGiovanni FLD2003-08041/ TDR2003-08004 J Brian A. Kalan and Joanne Kalan, and ACS Resorts, Inc. no ~ DRl2003-0900 1 Park Place Land, LTD, and Bausch and Lomb Incorporated no 2 -"I . COMMUNITY DEVELOPMENT BOARD: Meeting Date October 21, 2003 Agenda Item: F. 2. 2525 Druid Road yes 72003-08021 no South Gate Park, Incorporated Agenda Item: F. 3. 2525 Druid Road LUZ2003-08006 South Gate Park, Incorporated yes Ino Agenda Item: F. 4. 2160 Range Road yes ANX2003-08017 Ino J. C. Weaver Agenda Item: F. 5. 500 Dora Drive yes 7003-08018 no Hayden and Amy Beatty Agenda Item: F. 6. 2386 Dora Drive yes lX2003-08020 no Jeffrey and Deanna Rogers 3 \f,j i , COMMUNITY DEVELOPMENT BOARD: Meeting Date October 21, 2003 Agenda Item: F. 7. 1515 South Highland Avenue yes 72003-08007 no Griffin International, Incorporated Date: \ S:IPlanning DepartmentlC D BICDB, property investigation check list. doc 4 COMMUNITY DEVELOPMENT BOARD Meeting Date: October 21.. 2003 I have conducted a personal investigation on the personal site visit to the following properties. Agenda Item: D. 1. 922 South Missouri Avenue ~ yes Agenda Item: E. 1. 3080 Allen Avenue ~yes Agenda Item: E. 2. 935 Lakeview Road ~ yes Agenda Item: E. 3 1521 E. Druid Road yes SGN2003-0800 1 Clearwater Retail Group, Ltd. (Amscot) no FLD2003-08037 Robert Hupp & Allen McMullen no FLD2003-08036 Larry Dean no FLD2003-08040 The Salvation Army -------- no COMMUNITY DEVELOPMENT BOARD: Meeting Date October 21, 2003 Agenda Item: E. 4. 145 Brightwater Drive ~/ yes Agenda Item: E. 5. 140 Brightwater Drive ~yes Agenda Item: E. 6. 514 South Gu1fview Boulevard ~yes Agenda Item: F. 1. 300 South Park Place Boulevard ~ yes FLD2003-07033 / PLT2003-00010 Paradise Cove Clearwater, Inc. no FLD2003-07034 / PL T2003-00009 Gus DiGiovanni no FLD2003-08041/ TDR2003-08004 Brian A. Kalan and Joanne Kalan, and ACS Resorts, Inc. no D RI2003 -0900 1 Park Place Land, LTD, and Bausch and Lomb Incorporated no 2 COMMUNITY DEVELOPMENT BOARD: Meeting Date October 21, 2003 Agenda Item: F. 2. 2525 Druid Road ~ yes Agenda Item: F. 3. 2525 Druid Road ~ Agenda Item: F. 4. 2160 Range Road ~ yes Agenda Item: F. 5. 500 Dora Drive Agenda Item: F. 6. 2386 Dora Drive ANX2003-08021 South Gate Park, Incorporated no LUZ2003-08006 South Gate Park, Incorporated yes no ANX2003-08017 J. C. Weaver no ANX2003-08018 Hayden and Amy Beatty yes ~ no ANX2003-08020 Jeffrey and Deanna Rogers yes ~ no 3 COMMUNITY DEVELOPMENT BOARD: Meeting Date October 21, 2003 Agenda Item: F. 7. 1515 South Highland Avenue LUZ2003-08007 Griffin International, Incorporated ---- yes no Signature~ Date: \~ ~{J~ \ S:\Planning Department\C D RlCDB, property investigation check list.doc 4 .-- , ~ COMMUNITY DEVELOPMENT BOARD Meeting Date: October 21" 2003 I have conducted a personal investigation on the personal site visit to the following properties. Agenda Item: D. 1. 922 South Missouri Avenue /yes SGN2003-0800 1 Clearwater Retail Group, Ltd. (Amscot) no Agenda Item: E. 1. 3080 Allen Avenue FLD2003-08037 Robert Hupp & Allen McMullen v yes no Agenda Item: E.,;ci / 935 Lakeview ROj yes FLD2003-08036 Larry Dean no Agenda Item: E. 3 1521 E. Druid Road FLD2003-08040 The Salvation Army cI yes no COMMUNITY DEVELOPMENT BOARD: Meeting Date October 21, 2003 ~ Agenda Item: E. 4. 145 Brightwater Drive /yeS Agenda Item: E. 5. 140 Brightwater ~es Agenda Item: E. 6. 514 South Gulfview Boulevard / yes Agenda Item: F. 1. 300 South Park Pl7vard yes FLD2003-07033 / PLT2003-00010 Paradise Cove Clearwater, Inc. no FLD2003-07034 / PL T2003-00009 Gus DiGiovanni no FLD2003-08041 / TDR2003-08004 Brian A. Kalan and Joanne Kalan, and ACS Resorts, Inc. no DRI2003-0900 1 Park Place Land, LTD, and Bausch and Lomb Incorporated no 2 . . COMMUNITY DEVELOPMENT BOARD: Meeting Date October 21, 2003 Agenda Item: F. 2. 2525 Druid Road Les Agenda Item: F. 3. 2525 Druid Road ~es Agenda Item: F. 4. 2160 Range Road ~es Agenda Item: F. 5. 500 Dora Drive Les Agenda Item: F. 6. 2386 Dora Drive~ yes ANX2003-08021 South Gate Park, Incorporated no LUZ2003-08006 South Gate Park, Incorporated no ANX2003-08017 J. C. Weaver no ANX2003-08018 Hayden and Amy Beatty no ANX2003-08020 Jeffrey and Deanna Rogers no 3 COMMUNITY DEVELOPMENT BOARD: Meeting Date October 21, 2003 Agenda Item: F. 7. .. 1515 South Hig7land venue yes LUZ2003-08007 Griffin International, Incorporated no Signature: Date: S:\Planning Department\C D BICDB, property investigation check /ist.doc 4