09/18/2001
COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
September 18, 2001
Present: Gerald Figurski Chair
Carlen A. Petersen Vice Chair
David Gildersleeve Board Member
Edward Mazur, Jr. Board Member
Shirley Moran Board Member – (departed 3:00 p.m.)
Alex Plisko Board Member
Ed Hooper Board Member
Frank Hibbard Alternate Board Member (Non-voting)
Also Present: Leslie Dougall-Sides Assistant City Attorney
Cynthia Tarapani Planning Director
Lisa L. Fierce Assistant Planning Director
Patricia O. Sullivan 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.
ITEM A – APPROVAL OF MINUTES
Member Petersen moved to approve the minutes of the regular meeting of August 21,
motion
2001, as recorded and submitted in written summation to each board member. The
carried
was duly seconded and unanimously.
ITEM B – CONSENT AGENDA (Items #B1 and #B2)
– Approved as submitted.
Consent Agenda items are not contested by the applicant, staff, neighboring property owners,
etc. and may be approved by a single vote at the beginning of the meeting.
1312 State Street
Item #B1 – : Clearwater Village L.C - Owner/ Applicant. Request annexation
of 0.14 acre to Clearwater and Land Use Plan Amendment to RLM (Residential Low Medium)
and rezoning to MDR (Medium Density Residential District) at the southerly 71 feet of Lot 10,
E.A. Marshall Subdivision, less the westerly 240 feet with condition that any single-family residence
constructed complies with Code. (Level Three Application)
ANX 01-07-13
The property owner has requested this annexation of 0.14 acre to receive City sanitary
sewer services. The City has provided water service to this property since July 22, 1987. The
property will have a land use plan designation of Residential Low Medium. Medium Density
Residential (MDR) zoning is proposed. The site is vacant. One single-family residence would
be permitted on the site.
The proposed annexation can be served by all City of Clearwater services without an
adverse effect on service levels. The applicant has paid the $900 sewer impact fee and is also
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aware of connection costs. The proposed annexation and use is consistent with the
Comprehensive Plan and Countywide Plan regarding Future Land Use Map, goals, and policies.
The property can meet dimensional requirements of the MDR district of the Code. The
proposed annexation is consistent with Florida law regarding municipal annexation through its
adjacency with existing City boundaries and its compactness. Staff recommends approval with
condition.
AND
1015 Ridge Avenue
Item #B2 – : Don Strom - Owner/ Applicant. Request annexation of 0.17
acre to Clearwater and Land Use Plan Amendment to RU (Residential Urban) and rezoning to
LMDR (Low Medium Density Residential District) at Lot 9, Block 5, Highland Pines Subdivision,
together with abutting right-of-way. (Level Three Application)
ANX 01-07-14
The property owner has requested this annexation of 0.17 acre to receive City sewer
service. The City has provided water service to this property since February 23, 1989. The
property will have a land use plan designation of Residential Urban. Low Medium Density
Residential (LMDR) zoning is proposed. The subject site features a single family residential
home. The annexation includes the abutting right-of-way along Ridge Avenue.
The proposed annexation can be served by all City services without an adverse effect on
service levels. The applicant has paid the $900 sewer impact fee and is aware of additional
connection costs. The annexation and existing use is consistent with the Comprehensive Plan
and Countywide Plan regarding the Future Land Use Map, goals, and policies. The property
can meet the dimensional requirements of the LMDR district of the Code. The proposed
annexation is consistent with Florida law regarding municipal annexation through its adjacency
with City boundaries and its compactness. Staff recommends approval.
motion
Member Petersen moved to approve the Consent Agenda as submitted. The
carried
was duly seconded and unanimously.
ITEM C – REQUESTS FOR CONTINUANCE/RECONSIDERATION
2666 N. Terrace Drive
Item #C1 – : Donna J. Wellman - Owner/ Applicant. Request annexation
of 0.21 acre to Clearwater and Land Use Plan Amendment to RL (Residential Low) and
rezoning to LMDR (Low Medium Density Residential District) at Lot 4, Pinellas Terrace
Subdivision, together with the right-of-way of North Terrace Drive abutting Lots 1-4 of said Pinellas
ATA ANX 01-07-15
Terrace.
AND
2672 N. Terrace Drive
Item #C2 – : Elizabeth Glisson - Owner/ Applicant. Request annexation
of 0.21 acre to Clearwater and Land Use Plan Amendment to RL (Residential Low) and
rezoning to LMDR (Low Medium Density Residential District) at Lot 5, Pinellas Terrace
Subdivision, together with the abutting right-of-way of North Terrace Drive.
ATA ANX 01-07-16
AND
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2678 N. Terrace Drive
Item #C3 – : Alicia A. Medeiros - Owner/ Applicant. Request annexation
of 0.21 acre to Clearwater and Land Use Plan Amendment to RL (Residential Low) and
rezoning to LMDR (Low Medium Density Residential District) at Lot 6, Pinellas Terrace
Subdivision, together with abutting right-of-way of North Terrace Drive.
ATA ANX 01-07-17
AND
2684 N. Terrace Drive
Item #C4 – : Pamela Rakes (former owner Monika Smolarczyk) - Owner/
Applicant. Request annexation of 0.32 acre to Clearwater and Land Use Plan Amendment to
RL (Residential Low) and rezoning to LMDR (Low Medium Density Residential District) at Lot 7,
ATA ANX
Pinellas Terrace Subdivision together with abutting right-of-way of North Terrace Drive.
01-07-18
AND
1245 Hercules Avenue
Item #C5 – : Sabadosh Enterprises, Inc.- Owner/ Applicant. Request
annexation of 0.53 acre to Clearwater and Land Use Plan Amendment to IL (Industrial Limited)
and rezoning to IRT (Industrial, Research & Technology District) at a portion of Section 12,
ATA ANX 01-07-19
Township 29 South, Range 15 East.
Items #C1 through #C5 were continued due to advertisement errors.
Member Gildersleeve moved to continue Items#C1, #C2, #C3, #C4, and #C5 to October
motion carried
16, 2001. The was duly seconded and unanimously.
ITEM D – LEVEL THREE APPLICATIONS
– None.
ITEM E - LEVEL TWO APPLICATIONS
– None.
ITEM F – DIRECTORS ITEMS
Item #F1 - Sunshine Law, Ex Parte Communication, etc.
Planning Director Cyndie Tarapani stated the September 14, 2001 workshop addressing
Code issues, canceled due to inclement weather, has been rescheduled for October 25, 2001,
at 12:30 p.m. at the Municipal Services Building. Lunch will be served.
Regarding CDB (Community Development Board) decisions, Ms. Tarapani requested
board members state reasons for their support of, or opposition to an item, especially when
residents in attendance have vocalized concerns. She said member statements prior to a vote
would address neighbor concerns and assist City legal representation should the item be
appealed.
Assistant Planning Director Lisa Fierce said the format of staff reports has been changed
to include basis for approval. She suggested the basis be stated as a part of motions for
approval. Assistant City Attorney Leslie Dougall-Sides requested board members state the
criteria they use to base their decisions, such as the project’s consistency with the
Comprehensive Plan, when approving Level Two and Level Three items.
mcd0901 3 09/18/01
It was requested staff reports reference the Code statute, which supports staff
recommendations.
Ms. Tarapani said when the board prolongs input from specific speakers, some audience
members feel it is unfair that their own comments are limited to three minutes. She requested
members call the staff member listed on the staff report, herself, or Ms. Fierce regarding related
questions or concerns.
Discussion ensued regarding extending the allowable time for speakers who represent
groups. Concern was expressed a group can have as few as two members, the CDB cannot
stop other group members from also addressing the board, etc. Suggestions included requiring
group representatives to provide a list of those they represent, allowing persons on the list to
speak for one minute, declaring a group spokesperson, and following City Commission direction
regarding this issue.
Ms. Dougall-Sides reviewed rules and violations related to the Sunshine Law Statute
and ex-parte communications. She indicated members can abstain from a vote, only if they
have reported a conflict of interest.
In response to a question, Ms. Dougall-Sides said members should forward written
communications they receive to staff so the communications become a part of the record.
Members should be circumspect when speaking about matters coming before the board and
disclose if they have participated in such a conversation. She recommended members not
discuss upcoming issues with others but wait to disclose their position on an issue only at the
appropriate meeting.
In response to a question, Ms. Dougall-Sides said board members could discuss
privately issues more than 30 days after a decision, as long as the item has not been appealed.
The law forbids members from passing information to another regarding their opinion on an
item. In response to a question, she said speakers who are not party to an action can not be
cross-examined. It was suggested questioning of a speaker should be allowed to clarify an
issue.
Ms. Dougall-Sides said it is clear a speaker is being presented as an expert when a
resume and list of qualifications are presented. It was recommended board members reveal
knowledge regarding the status of speakers who are portrayed as “expert” witnesses but lack
necessary qualifications. Ms. Tarapani said staff can question “expert” witness regarding their
qualifications. In response to a concern, it was suggested the Assistant City Attorney can
advise the board if they should consider a resident’s testimony as “expert.”
Ms. Dougall-Sides recommended the board continue an item if a non-English speaking
witness requires an interpreter. Hearsay alone, cannot be used to support a decision.
It was stated engineering documentation provided by staff is not as detailed as
necessary and requires the board to spend time addressing related issues. It was
recommended the Code include approved criteria on which to base decisions.
Discussion ensued regarding City Commission direction to review Code requirements
related to telecommunication towers.
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ITEM G - ADJOURNMENT
The meeting adjourned at 3:11 p.m.
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