03/19/2002
COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
March 19, 2002
Present: Gerald Figurski Chair
Carlen A. Petersen Vice Chair
David Gildersleeve Board Member
Edward Mazur, Jr. Board Member – departed 3:48 p.m.
Shirley Moran Board Member
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
Gina Clayton Long Range Planning Manager
Brenda Moses Board Reporter
The Chair called the meeting to order at 2:03 p.m. at City Hall, followed by the
Invocation and Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
A. APPROVAL OF MINUTES OF PREVIOUS MEETING:
February 19, 2002
Member Petersen moved to approve the minutes of the regular meeting of
February 19, 2002, as submitted in written summation to each board member. The
motioncarried
was duly seconded and unanimously.
B. CONSENT AGENDA ITEMS:
(Items 1-5). The following cases are not
contested by the applicant, staff, neighboring property owners, etc., and will be
approved by a single vote at the beginning of the meeting.
1. Case ANX02-01-01 – 3010 Grandview Avenue –
Level Three Application
Owners/Applicants: Thao Nguyen and Vui Nguyen
Location: 0.17 acres on the north side of Grandview Avenue, approximately 150
feet east of Bayview Avenue
Atlas Page: 283A
Request: (a) Annexation of 0.17 acres to the City of Clearwater; (b) Land Use
Plan amendment from RL, Residential Low (County) to RL, Residential Low
Classification (Clearwater); and (c) Rezoning from R-3, Residential, Single
Family District (County) to LMDR, Low Medium Density Residential District
(Clearwater)
Existing Use: Vacant lot
Proposed use: Single-family dwelling
Presenter: Etim S. Udoh, Senior Planner
The property owners are requesting annexation into the City and approval of the
appropriate City land use plan category and zoning district for 3010 Grandview Avenue.
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The proposed annexation can be served by City services, including sewer, water,
solid waste, police, fire and emergency medical services without any adverse effect on
the service level. The applicants have paid the applicable sewer impact fee of $900 and
are aware of the additional cost to connect the property to the City sewer system.
The proposed annexation and the proposed development are consistent with the
City’s Comprehensive Plan and the Countywide Plan both with regard to the Future
Land Use Map as well as goals and policies. The future use of this site as a single-
family home is consistent with the LMDR zoning district. The proposed annexation is
consistent with Florida law regarding municipal annexation through its adjacency with
City boundaries and is compact in concentration.
Based on the above analysis, the Planning Department recommends the
following actions on the request: 1) Approval of the annexation of the property at 3010
Grandview Avenue with the condition that all new construction meet the requirements of
the Clearwater Community Development Code; 2) approval of the Residential Low plan
category pursuant to the City’s Comprehensive Plan; and 3) approval of the Low
Medium Density Residential (LMDR) Zoning District pursuant to the City’s Community
Development Code.
Case Z02-01-01 – 101 South Old Coachman Road (Post Court Apartments)
2.
–
Level Three Application
Owner/applicant: Post Court/Keith W. Bricklemyer
Location: 7.7 acres on the east side of Old Coachman Road, approximately 600
feet north of Gulf-to-Bay Boulevard and 520 feet west of US19 North
Atlas Page: 290B
Request: Rezoning from O, Office District to MDR, Medium Density Residential
District
Existing Use: Multi-family residential
Proposed Use: Multi-family residential
Presenter: Etim S. Udoh, Senior Planner
The applicant is requesting a rezoning from the Office (O) zoning district to the
Medium Density Residential (MDR) zoning district in order to bring this existing use into
conformity with the Community Development Code for 101 South Old Coachman Road.
The proposed Medium Density Residential (MDR) zoning district is consistent
with the City Comprehensive Plan, is compatible with the surrounding area, does not
conflict with the needs and character of the neighborhood and City, does not require nor
affect the provision of the public services, and the boundaries are appropriately drawn.
The Planning Department recommends approval of the following action on this
application: Amend the zoning district designation of the subject property from Office
(O) to Medium Density Residential (MDR).
3. Case FL01-12-38 – 1860 North Fort Harrison Avenue –
Level Two
Application
Owner: HBH Power Corporation
Applicant: Robert Szasz
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Location: 0.86 acres on the west side of North Fort Harrison Avenue,
approximately 350 feet south of Sunset Point Road
Atlas Page: 259B
Zoning: T, Tourist District
Request: Flexible Development approval to permit direct access to a major
arterial road (North Fort Harrison Avenue) within the Tourist District, as part of a
Comprehensive Infill Redevelopment Project under the provisions of Section 2-
803.
Proposed Use: Redevelopment of the site with a 24-unit condominium
development, 50 feet in height, with access onto North Fort Harrison Avenue.
Conditions
: 1) The final design and color of the building be consistent
with the conceptual elevations submitted or as modified by the CDB,
and 2) all signage comply with Code.
Presenter: Mark T. Parry, Planner
The owner is requesting to permit attached dwellings within the Tourist District
with access on a major arterial road at 1860 North Fort Harrison Avenue.
The Development Review Committee reviewed the application and supporting
materials on January 17, 2002. The Planning Department recommends approval of the
Flexible Development application to permit direct access to a major arterial road (North
Ft. Harrison Avenue) within the Tourist District, as part of a Comprehensive Infill
Redevelopment Project under the provisions of Section 2-803, for 1860 North Fort
Harrison Avenue, with the following bases and conditions:
Bases for Approval: 1) The proposal complies with the Flexible Development
criteria as a Comprehensive Infill Redevelopment Project per Section 2-804 B; 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: 1) The final design and color of the building be consistent with the
conceptual elevations submitted or as modified by the CDB, and all signage comply with
Code.
4. Case FL02-01-01 – 1648 Sand Key Estates Court –
Level Two Application
Owner/Applicant: David Richardson
Location: 0.16-acre site on the north side of, and at the terminus of, Sand Key
Estates Court
Atlas Page: 319B
Zoning: HDR, High Density Residential District
Request: Flexible Development approval to reduce the required rear (north)
setback from 15 to zero feet (to deck) and reduce the required side (east)
setback from 10 to 5 feet, as part of a Residential Infill Project under the
provisions of Section 2-504
Proposed use: The proposal includes a 330 square foot wood deck,
approximately 4 feet in height, in association with an existing single-family
dwelling.
Presenter: Mark T. Parry, Planner
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The owner is requesting Flexible Development approval to reduce the required
rear (north) setback from 15 to zero feet (to deck) and reduce the required side (east)
setback from 10 to 5 feet, as part of a Residential Infill Project under the provisions of
Section 2-504 at 1648 Sand Key Estates Court.
The Development Review Committee reviewed the application and supporting
materials on February 14, 2002. The Planning Department recommends approval of the
Flexible Development application to reduce the required rear (north) setback from 15 to
zero feet (to deck) and reduce the required side (east) setback from 10 to five feet (to
deck), as part of a Residential Infill Project under the provisions of Section 2-504, for
1648 Sand Key Estates Court, with the following bases and conditions:
Bases for Approval: 1) The proposal complies with the Flexible Development
criteria as a Residential Infill Project per Section 2-504; 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) All applicable requirements of Chapter 39 of the
Building Code be met related to seawall setbacks, and 2) all building permits be
secured, as applicable.
5. Case FL02-01-02 – 100 North Osceola Avenue –
Level Two Application
Owner/applicant: City of Clearwater
Agent: Philip Trezza, Jr., of Harvard Jolly Clees Toppe Architects, P.A., AIA
Location: 2.1 acres on the southwest corner of Drew Street and Osceola Avenue
Atlas Page: 286B
Zoning: D, Downtown District
Request: Flexible Development approval to permit a governmental use (library)
in the Downtown District under the provisions of Section 2-903
Proposed Use: A 90,000 square foot, four-story main library
Conditions
: 1) All measures shall be taken to preserve the 60-inch oak tree at
the southwest side of the site, during all phases of construction; 2) all signage
meet Code; and 3) dumpster(s) no larger than four cubic yards be provided
within an enclosure, to the satisfaction of the Solid Waste Department.
Presenter: Wayne Wells, Senior Planner
The owner is requesting Flexible Development approval to permit a government
use (new main library) in the Downtown District under the provisions of Section 2-903 at
100 North Osceola Avenue.
The Development Review Committee reviewed the application and supporting
materials on February 14, 2002. The Planning Department recommends approval of the
Flexible Development application to permit a government use (new main library) in the
Downtown District under the provisions of Section 2-903 at 100 North Osceola Avenue,
subject to the following bases and conditions:
Bases for Approval: 1) The proposal complies with the Flexible Development
criteria for a governmental use under the provisions of Section 2-903.E; 2) the proposal
is in compliance with other standards in the Code, including the General Applicability
Criteria of Section 3-913; 3) the proposed library is in conformance with the People,
mcd0302 4 3/19/02
Activity and Amenity goals of the Downtown Redevelopment Plan; and 4) the
development is compatible with the surrounding area and may encourage and act as a
catalyst for further redevelopment of the downtown area.
Conditions: 1) All measures shall be taken to preserve the 60-inch oak tree at
the southwest side of the site, during all phases of construction; 2) all signage meet
Code; and 3) dumpster(s) no larger than four cubic yards be provided within an
enclosure, to the satisfaction of the Solid Waste Department.
motion
Member Mazur moved to approve Consent Agenda Items B1 – B5. The
carried
was duly seconded and unanimously.
C. NON-CONSENT AGENDA –
(Items 1-4)
1. Case FL01-12-36 – 2004-2010 Drew Street –
Level Two Application
Owner: Equity Holdings Group, Inc. (Gregory Politis, President)
Applicant: Kevin Scherer
Location: 0.42-acre site on the northwest corner of Drew Street and Patricia
Avenue, approximately 150 feet east of North Hercules Avenue
Atlas Page: 280B
Zoning: C, Commercial District
Request: Flexible Development approval to reduce the following: front (east
setback along Patricia Avenue from 25 to 12 feet to pavement, reduce the
required front (south) setback along Drew Street from 25 to 10 feet to pavement,
reduce the required side (west) setback from 10 to five feet to building, reduce
the required side (north) setback from 10 to five feet to a dumpster enclosure and
pavement, reduce the required parking from 11 spaces (five spaces per 1,000
square feet of gross floor area) to nine spaces (four spaces per 1,000 square feet
of gross floor area) for a proposed retail sales and services establishment and
reduce the required parking from 27 spaces (15 spaces per 1,000 square feet of
gross floor area) to 13 spaces (seven spaces per 1,000 square feet of gross floor
area) for a proposed restaurant, as a Comprehensive Infill Redevelopment
Project under the provisions of Section 2-704, with a Comprehensive Landscape
Program.
Proposed Use: The application includes a 4,068 square foot single-story building
with a 2,268 square foot retail sales and service establishment and an 1,800
square foot restaurant.
Conditions
: 1) Any change in tenant mix be evaluated for complimentary
operational characteristics and parking demand, and may require approval by the
Community Development Board; 2) the color of the building be earth tones
acceptable to the Community Development Coordinator, consistent with the
conceptual elevations submitted to, or as modified by, the CDB; 3) the site be
limited to one monument sign oriented towards Drew Street, with a solid base
coordinated with the design and color of the building and at a maximum height of
six feet, to the satisfaction of Staff; 4) the landscape buffer along the north side
include a six-foot masonry-type wall, with a stucco finish and painted consistent
with the building design and color, reduced to a maximum height of three feet
within the front setback and constructed with a pier and lintel foundation in the
vicinity of the adjacent oak tree to preserve the root system; and 5) landscape
plan be amended to include coordinated and additional plant materials, to the
satisfaction of Staff, prior to the issuance of any permits.
mcd0302 5 3/19/02
Presenter: Wayne Wells, Senior Planner
Senior Planner Wayne Wells presented the request. The applicant is requesting
to develop the property with uses permitted as minimum standard and flexible standard
uses, but with deviations from setback requirements.
Mr. Wells said staff received a letter of concern regarding the application from 2
residents who reside directly north of this property. He met with them to discuss the site
plan. They are in favor of the masonry wall along the north property line and generally
are pleased with the site plan. They requested the applicant’s lights shine away from
their property, there be no public telephone on the site, and that the property be kept
clean.
The Development Review Committee reviewed the application and supporting
materials on January 17, 2002. The Planning Department recommends approval of the
Flexible Development application to permit a retail sales and service use and a
restaurant in the Commercial District with a 12-foot (east) front setback to pavement, a
10-foot (south) front setback to pavement, a five-foot side (north) setback to a dumpster
enclosure and pavement, a five-foot side (west) setback to building, and with a reduction
in the required number of parking spaces to four spaces per 1,000 square feet of gross
floor area for a retail sales and service use and to seven spaces per 1,000 square feet of
gross floor area for a restaurant, as part of a Comprehensive Infill Redevelopment
Project under the provisions of Section 2-704, with a Comprehensive Landscape
Program, for the site at 2004-2010 Drew Street, with the following bases and conditions:
Bases for Approval: 1) The proposal complies with the Flexible Development
criteria as a Comprehensive Infill Redevelopment Project per Section 2-704.B; 2) the
proposal complies with the Flexible Development criteria as a Comprehensive
Landscape Program under the provisions of Section 3-1202.G; 3) the proposal is in
compliance with other standards in the Code including the General Applicability Criteria
per Section 3-913; and 4) the development is compatible with the surrounding area and
will enhance other redevelopment efforts.
Conditions: 1) Any change in tenant mix be evaluated for complimentary
operational characteristics and parking demand, and may require approval by the
Community Development Board; 2) the color of the building be earth tones acceptable to
the Community Development Coordinator, consistent with the conceptual elevations
submitted to, or as modified by, the CDB; 3) the site be limited to one monument sign
oriented towards Drew Street, with a solid base coordinated with the design and color of
the building and at a maximum height of six feet, to the satisfaction of Staff; 4) the
landscape buffer along the north side include a six-foot masonry-type wall, with a stucco
finish and painted consistent with the building design and color, reduced to a maximum
height of three feet within the front setback and constructed with a pier and lintel
foundation in the vicinity of the adjacent oak tree to preserve the root system; and 5)
landscape plan be amended to include coordinated and additional plant materials, to the
satisfaction of Staff, prior to the issuance of any permits.
motion
Member Gildersleeve moved to approve Case FL01-12-36. The was
carried
duly seconded and unanimously.
2. Case TA02-01-01 – Community Development Code Amendments
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(Continued item) –
Level Three Application
Applicant: City of Clearwater, Planning Department
Request: Comprehensive amendments to the Community Development Code,
as a result of the annual review, including amendments to the General
Provisions, Zoning Districts, Development Standards, Development Review and
other Procedures, Nonconformity Provisions, Enforcement Proceedings and
Penalties and Definitions and Rules of Construction
Presenter: Richard Kephart, Senior Planner
Mr. Kephart reviewed the comprehensive amendments to the Community
Development Code. At the February 19, 2002 meeting, the Community Development
Board deferred action on the proposed amendments to the Community Development
Code (Ordinance No. 6928-02) so the Planning Department could research several
issues raised by the Board.
The City Commission also reviewed this proposed ordinance on February 21,
2002, and deferred action until additional information could be provided on several
proposed provisions in the ordinance.
Listed below are the issues that were identified through the meetings with the
Community Development Board, the City Commission, as well as Planning Department
review. Community Development Board issues are listed first, followed by City
Commission issues and finally Planning Department revisions. Each section identifies
the issues and the analysis section identifies what revisions were made.
COMMUNITY DEVELOPMENT BOARD ISSUES
The Community Development Board discussed and requested further information or
made specific requests on the following five issues:
??
Final plat approval and issuance of building permits
??
Evidence presented during an Appeal Hearing
??
Setback measurements for non-vertical structures
??
Parking demand study requirements
??
Roof overhang into required building setback
After conducting the necessary research, the Planning Department is
recommending several revisions to proposed Ordinance No. 6928-02 to address the
CDB’s concerns. Several changes discussed by the CDB, however, are not
recommended by the Planning Department and have not been included in this
ordinance. Below is a discussion of each issue.
1. Final Plat Approval and Issuance of Building Permits
(Section 108, Section
109, Page 45 of proposed ordinance.)
The Planning Department recommends revising Code Section 4-702, which
regulates subdivision plats, to eliminate inconsistencies between Code Sections
4-702 and 4-708.C. regarding when a building permit can be issued for property
involving a subdivision plat.
mcd0302 7 3/19/02
In response to concerns raised by the CDB, the Planning Department also is
proposing to revise Code Section 4-708.C., which requires the recording of a
final plat prior to issuing any building permits. The revision proposes to give
authority to the Community Development Coordinator to allow the issuance of
certain types of permits such as demolition, site and utility after final plat approval
but prior to final plat recordation.
The Planning Staff researched 12 local jurisdictions in developing this revision.
Those 12 jurisdictions included Pinellas County, Dunedin, Gulfport, Largo,
Oldsmar, St. Petersburg, St. Pete Beach, Treasure Island, Hillsborough County,
Tampa, Bradenton, and Boca Raton. Of the 12 local jurisdictions surveyed, only
Largo allows building permits to be issued before the final plat is recorded. See
attachment for each jurisdiction’s requirement.
2. Evidence Presented during Hearing Appeal
(Section 105, Page 44 of
proposed ordinance.)
The Board requested that no new evidence be allowed to be presented during an
appeal hearing so that the appeal would be based on the record and not be a new
hearing.
Preventing new evidence in the appeal hearing is the same type of appeal hearing
that is conducted by the court system. The philosophy of the current code allows two
appeals from each level of approval. By requiring a hearing officer to perform the
same review of the record performed by the court, there is no need to have the
hearing officer appeal. Making this change would leave only one appeal and
change the philosophy of the Code.
The Planning and Legal Departments recommend that the original proposed
ordinance language not be revised so that the appeal process is maintained at the
local level and the philosophy of the code is upheld.
3. Setback Measurements for Non-Vertical Structures
(Not within proposed
ordinance)
The CDB discussed the issue of how setbacks are measured for non-vertical
structures (such as brick pavers and parking lots). Concern was raised that
pavement, pool decks, etc. must comply with building and/or accessory structure
setbacks and this is too restrictive. The CDB suggested in the alternative to
establish a percentage of the setback that must be landscaping. This issue was not
addressed in the original proposed Ordinance No. 6929-02.
The Planning Department recommends maintaining the current method for
measuring setbacks. As the City continues to redevelop, this method will ensure a
consistent width of landscaping and open space within the required setbacks. This is
particularly important in a redeveloping community because it will create a
predictable vista along the roadways, which will enhance community aesthetics and
it will also provide adjacent properties with a predictable area of open and green
space.
mcd0302 8 3/19/02
To avoid any possible confusion to the public, the Planning Department has already
revised its notices to surrounding property owners distinguishing between a setback
reduction for a building and for a setback reduction for paving/parking
4.(Section 62, Page 35 of proposed ordinance.)
Parking Demand Study
The CDB noted it was not clear who is required to conduct a parking demand study
and when such study is required.
The Planning Department has revised proposed Code Section 3-1401.C clarifying
that the Community Development Coordinator may require an applicant to prepare a
parking demand study in conjunction with a request for deviations to the required
parking standards.
4. Roof Overhang
(Section 49, Page 31 of the proposed ordinance.)
Based on concerns raised by the CDB that a 30” roof overhang is too limiting and did
not relate to existing and previous code requirements, the Planning Department is
proposing to identify roof overhangs and eaves within Section 3-908.A. that allows
for building projections to extend 40% into the required setback or 10 feet whichever
is less. In the “C”, “T” and “D” districts building projections are allowed to extend 10
feet into required setback. This change will make roof overhangs and eaves
consistent with existing and previous code requirements.
CITY COMMISSION ISSUES
The City Commission discussed and made recommendations on three issues found in
the proposed Ordinance No. 6928-02 at the February 18, 2002 Commission workshop
and the February 21, 2002 public meeting. Those issues included the following:
??
Portable storage units and length of time that they would be allowed to placed on
property during emergency repairs
??
Signs at elevated intersections
??
Vending machines
Additionally, the Commission requested the Planning Department provide the
Commission with graphics to illustrate proposed changes to the sign ordinance.
ANALYSIS
The Planning Department is recommending three changes to proposed Ordinance No.
6928-02 to address concerns raised by the City Commission.
1. Portable Storage Units
(Section 94, Page 42 of proposed ordinance.)
The Planning Department is proposing to limit a portable storage unit to a time
period of 15 days for emergency home repairs, with the possible extension of an
additional 15 days if needed to complete emergency repairs.
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The Planning Department revised this section to address the Commission’s
concerns regarding the length of time a portable storage unit could be on a
property for emergency repairs.
2. Signs at Elevated Intersections
(Section 86, Page 39 of the proposed ordinance.)
The Planning Department is proposing that signs at elevated intersections be
permitted at 14 feet above the highest point of the elevated road within the
property lines that are perpendicular and adjacent to the elevated roadway,
excluding frontage and service roads.
This modification addresses the Commission’s concern that properties located
along elevated intersections would all be 14 feet above the highest point of the
road regardless of where the business is located along the elevated roadway.
3. Vending Machine Signage
(Section 52, Page 32 of the proposed ordinance.)
At the direction of the City Commission, the Planning Department is proposing to
limit the amount of signage allowed on the front of vending machines to 35% of the
front of the machine, including the selection buttons. The previously proposed
amendment excluded the selection buttons.
PLANNING DEPARTMENT REVISIONS
In addition to the amendments discussed above, the Planning Department has made
five more revisions to the proposed ordinance since the Community Development Board
and City Commission meetings. These revisions address the following:
??
Maintenance of seawalls
??
Transfer of Development Rights
??
Address signage allowed in addition to total square footage of signage
??
Competent substantial evidence in appeal hearings
??
Fences on attached dwelling lots
ANALYSIS
1. Maintenance of Seawalls
(Section 75, Page 37 of proposed ordinance.)
At the direction of legal counsel, the seawall maintenance provision has been
modified to specify that seawalls shall be maintained in a structurally sound condition
and shall comply with applicable building and coastal construction codes. The
original proposal did not identify who would be responsible for inspecting the
seawalls and what criteria would be used for that inspection. This revision also
addresses concerns raised by the Marine Advisory Board.
2. Transfer of Development Rights
(Section 113, Pages 46-47, Section 114, Pages
47-48, and Section 115, Page 48 of proposed ordinance.)
Based on input from the Pinellas Planning Council, the Planning Department is
proposing to make several minor editorial changes to the Transfer of Development
mcd0302 10 3/19/02
Rights regulations. Code Section 4-1402 is being revised to better identify the criteria
necessary to use Transfer of Development Rights. The proposed revision requires
such transfers to be in compliance with subsections 1, 2, and 3 of the provision and
specifies that they are permitted only in circumstances outlined in either subsection 4
or 5. Proposed Code Section 4-1403.E is being revised to further identify that
development rights transferred from a Community Development District, Central
Business District, or other designated redevelopment area may be transferred only to
property located within the same designated redevelopment area.
Proposed Code Section 4-1403.C specifies that when reviewing height increases for
projects using transfer of development rights that compatibility with the surrounding
area and the viability of the project should be considered. The Planning Department
is recommending to replace “viability” with “feasibility” so it is clear that the criteria is
project feasibility and not solely economic viability.
(Section
3. Address Signage Allowed in Addition to Total Square Footage of Signage
81, Page 38 of proposed ordinance.)
The Planning Department is proposing an amendment to the sign ordinance to clarify
that address signage is allowed in addition to the total permitted sign area.
(Section 102, Page 43 of
4. Competent Substantial Evidence in Appeal Hearings
proposed ordinance.)
The Planning Department is proposing to revise Code Section 4-502.A to identify that
an appeal of a level one approval by an applicant or property owner must present
competent substantial evidence in the Level One review.
5. Fences on Attached Dwelling Units.
(Section 45a, Page 30a Insert to proposed
ordinance.)
The current fence ordinance restricts fences on attached dwelling lots to four feet,
except along the boundary of the property. Based on the fact that many such
properties have existing six feet high fences, the Planning Department is proposing
this amendment to accommodate existing development and to allow privacy fences
within this type of development.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text
amendments.
Any code amendment must comply with the following:
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
Below is a selected list of goals, policies, objectives from the Clearwater Comprehensive
Plan that are furthered by the proposed amendments to the Community Development
Code:
mcd0302 11 3/19/02
??
Goal 2 – The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and
encourage infill development.
??
Policy 2.1.1 - Redevelopment shall be encouraged, where appropriate, by providing
development incentives such as density bonuses for significant lot consolidation
and/or catalytic projects, as well as the use of transfer of developments rights
pursuant to approved special area plans and redevelopment plan.
??
Policy 2.1.2 - Renewal of the beach tourist district shall be encouraged
through the establishment of distinct districts within Clearwater Beach, the
establishment of a limited density pool of additional hotel rooms to be used in
specified geographic areas of Clearwater Beach, enhancement of public rights-of-
way, the vacation of public rights-of-way when appropriate, transportation
improvements, inter-beach and intra-beach transit, transfer of development rights
and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design
for Clearwater Beach and Design Guidelines.
??
Policy 2.1.3 - The area governed by Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines shall be recognized on the Countywide
Future Land Use map as a Community Redevelopment District. This area is bounded
on the north by the line dividing the block between Acacia Street and Somerset Street,
the Gulf of Mexico on the west, Clearwater Harbor on the east and the Sand Key
Bridge on the south, excluding Devon Avenue and Bayside Drive. Beachfront and
public property located adjacent to the Gulf of Mexico and the Intracoastal Waterway
with a Future Land Use designation of Recreation/Open Space shall be excluded from
the Community Redevelopment District.
??
Policy 2.3.3 – The City of Clearwater shall continue to implement the Design
Guidelines, adopted in 1995, for all development within the Downtown District.
??
Policy 3.2.1 – Land Uses on the Comprehensive Land Use Plan Map shall generally
be interpreted as indicated in the following table. The intensity standards listed in the
table (FAR – floor area ratio; ISR – impervious surface ratio) are the maximum
allowed for each plan category, except where otherwise permitted by special area
plans or redevelopment plan approved by the City Commission. Consequently,
individual zoning district, as established in the City’s Community Development Code,
may have more stringent intensity standards than those listed in the table but will not
exceed the maximum allowable intensity of the plan category, unless otherwise
permitted by approved special area plans or redevelopment.
??
Objective 4.1 – All signage with the City of Clearwater shall be consistent with the
Clearwater sign code, as found in the Community Development Code, and all
proposed signs shall be evaluated to determine their effectiveness in reducing visual
clutter and in enhancing safety and attractiveness of the streetscape.
??
Policy 4.1.1 – Commercial signs in Clearwater shall be restricted to discourage the
proliferation of visual clutter, promote community aesthetics, provide for highway
safety and to allow the identification of business locations.
mcd0302 12 3/19/02
??
Objective 4.2 – All development and redevelopment initiatives within the City of
Clearwater shall meet the minimum landscaping/tree protection standards of the
Community Development Code in order to promote the preservation of existing tree
canopies, the expansion of that canopy, and the overall quality of development within
the City.
??
Policy 22.2.7 – Transfer of development rights should be implemented to provide
alternatives to development and degradation of wetlands and other natural
resources.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendments include a broad range of regulations ranging from
permitted uses, numerical standards, flexibility criteria, procedures, enforcement and
definitions. The proposed amendments are consistent with the provisions of Section 1-
103 that lists the purposes of the Code.
The proposed amendments to the Community Development Code are consistent
with the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. They also further the original redevelopment goals that established
the Code. The amendments permit certain uses in a wider range of zoning districts.
They also provide more appropriate development standards regarding marinas, signage
and tree replacement requirements. They also strive to improve community aesthetics
through the additional regulation of sign design and the limitation of the number of
vending machines allowed outside of a building. In many instances the proposed
amendments promote more site-specific solutions. These solutions ultimately promote
economic development and maintain high standards for development, which are
essential in a community undergoing redevelopment.
The Planning Department staff recommends approval of Ordinance No. 6928-02,
which makes revisions to the Community Development Code.
Assistant City Attorney Leslie Dougall-Sides said that regarding Section 105,
Page 44 of the proposed ordinance regarding Evidence Presented during Hearing
Appeal, the CDB had made a recommendation to the Commission at a previous meeting
that no new witnesses be allowed at appeal hearings. She said some alternatives to
consider are: 1) Accept the Planning staff’s suggested language in the packet; 2)
provide for a review by the Administrative Law Judge by submitting the record to him/her
in Tallahassee and requesting their written proposed final orders without a hearing; 3)
hold a hearing in Clearwater and have the Administrative Law Judge write the final
orders after returning to Tallahassee; or 4) omit the Hearing Officer procedure entirely
and go directly to Circuit Court. She recommended option #2 or #4.
A citizen commended the City for instituting the Administrative Law Judge
coming to Clearwater for appeal hearings. He felt the current system works well.
Consensus was to modify staff’s proposed language as follows: “…By requiring
a hearing officer in Tallahassee to perform the same review of the record performed by
mcd0302 13 3/19/02
the Community Development Board, there is no need to have the hearing officer
appeal…”
In response to a question, Mr. Kephart said currently, staff has the discretion to
permit up to two times the total area of sign faces permitted under the Comprehensive
Sign Program. Under this sign ordinance proposal, the absolute minimum amount of
signage is being increased to 20 square feet and up to 5% of the building façade square
footage for signage. He said language related to sandwich board signs has been
removed from the proposed ordinance pending current litigation. In response to a
question, Ms. Dougall-Sides said due to pending litigation, some sign code amendments
have been placed on hold.
It was remarked the CDB had concerns at a previous meeting that the language
in the Transfer of Development Rights section of the ordinance has not been clarified to
define what is a “reasonable” relationship between a transfer in height. Long Range
Planning Manager Gina Clayton said the CDB would be responsible to make the
determination as to what is reasonable.
In response to a question, Ms. Tarapani said the Code does not require
sidewalks for a single-family residential area to meet setback requirements, although
they would be required to be of a specific size.
Concern was expressed that roof overhangs should have the same consideration
as side setbacks in the LMDR Zoning District, as they would have less impact than bay
windows and balconies.
Consensus was to recommend to the Commission that roof overhangs have the
same right as side setbacks in the LMDR Zoning District.
Extensive discussion ensued regarding the Comprehensive Sign Program. Mr.
Kephart said staff arrived at the “up to 5%” criteria after extensive research and feels it is
a good measurement for determining allowable signage. Staff would make a
determination based on design guidelines, proportionality of the sign, the building,
quality of the sign, architectural integrity, etc. He said existing signs that do not meet the
regulations for signage in this proposed ordinance would be grandfathered in until the
site was redeveloped. Concern was expressed that commercial developers would
challenge the interpretation and application of these criteria.
Two citizens expressed concern regarding the sign ordinance proposal.
Discussion included: 1) the provision regarding up to 5% of the square footage of the
total building façade for signage versus minimum and maximum allowable signage; 2)
varying sizes of buildings with regard to height, multiple buildings, property sizes, and
their related setbacks; and 3) site visibility, frontage, and access to the site.
Ms. Dougall-Sides said one of the three billboard cases that have been filed
against the City attacks the provisions the City uses to limit the size of freestanding signs
with regard to the size, height, and setback requirements. She said she had
recommended a number of sections, which would have amended the sign code
ordinance, be put on hold. She felt that the more the City relieves those size, height,
and setback requirements that have been relied on over the past 17 years, the more it
would weaken its position in the pending litigation.
mcd0302 14 3/19/02
Discussion ensued regarding a special meeting to further review the signage
portion of the ordinance.
Member Petersen moved that the signage and roof overhang/setback issues in
the proposed ordinance be continued for review by the CDB at their regularly scheduled
motioncarried
meeting at 2:00 p.m. on April 16, 2002. The was duly seconded and
unanimously.
It was noted that the Commission makes the final decision regarding this
ordinance. The CDB only makes recommendations to the Commission.
Member Gildersleeve moved to accept the items presented in the proposed
Ordinance No. 6928-02, except for the sign and roof overhang/setback items. The
motioncarried
was duly seconded and unanimously.
3. Case APP02-01-01 – 1050 North Myrtle Avenue –
Level Three Application
Owner/Applicant/Appellant: Tom Selhorst
Location: 0.109 acres on the west side of Myrtle Avenue, east of Blanche B.
Littlejohn Trail, approximately 200 feet north of Cedar Street
Atlas Page: 268B
Proposed Use: Vehicle service
Request: Appeal of a denial of an occupational license for vehicle service in the
Commercial District for property at 1050 North Myrtle Avenue, under the appeal
provisions of Section 4-501 of the Community Development Code.
Presenter: Lisa Fierce, Assistant Planning Director
Assistant Planning Director Lisa Fierce said this case is an appeal of a denial of
an occupational license for vehicle service use in the Commercial District. The site is
zoned Commercial District with an underlying land use designation of CG, Commercial
General Classification. The Commercial District permits the following minimum standard
uses: governmental, indoor recreation/entertainment, marinas, offices, overnight
accommodations, parks and recreation facilities, places of worship, restaurants, retail
sales/services, and vehicle sales/display. Additional uses are permitted under the
Flexible Standard Development and Flexible Development provisions. Vehicle service,
however, is not permitted in the Commercial District under any provisions.
The occupational license application was denied by the Planning Department on
December 31, 2001, because the vehicle service use as requested is not permitted in
the Commercial zoning district (refer to application for occupation license, Exhibit B).
The Code defines vehicle service as an activity conducted entirely within an enclosed
structure primarily involved in servicing or repairing automobiles, motorcycles, trucks,
boats, recreational vehicles and other similarly sized vehicular transport mechanisms or
heavy machinery. Vehicle services include washing, waxing, changing oil, tuning,
installing mufflers or detailing, window tinting, shock absorbers, and painting. (Refer to
the vehicle service definition in the Code, Exhibit C.) The vehicle service use is
permitted in the IRT, Industrial, Research and Technology District (Refer to a portion of
the use chart in the Code, Exhibit D.)
On March 1, 2001, Tom Selhorst (appellant) submitted an application for
occupational license for the subject property. The application was for an individual
mcd0302 15 3/19/02
business that was described as “repair and service, no vehicle service or repair, includes
handyman”. (Refer to occupational license permit application OCL-0007484, Exhibit E.)
The application was approved by all applicable City departments. The Planning
Department (zoning) conditionally approved the application as a contractor’s office,
which is permitted under the Commercial District, with a condition that no repair or
service of equipment or vehicles is permitted on this site.
On May 25, 2001, Glass America LLC submitted an application for occupational
license for the same site. The description of the business on the application stated,
“auto glass replacement work done off premises – no work done on site – no outdoor
storage – office use only.” This application was approved by all City departments,
including Planning, as an office use. It is permitted under the Commercial District
provisions. (Refer to occupational license permit application OCL-0008018, Exhibit F.)
The property owner, Mr. Tom Selhorst, filed this appeal on December 31, 2001.
(Refer to the letter and application for proposed use submitted - Exhibits G and H.)
Section 4-205.C. of the Community Development Code provides that a denial of an
occupational license may be appealed in the manner provided in Article 4 Division 5.
Section 4-501 A.4. of the Community Development Code states that the Community
Development Board has the authority to review appeals from denials of any permit or
license issued under the provisions of the Code. Section 4-502.B. provides that an
application/notice of appeal of any decision of the City, as provided in Section 4-501,
may be initiated by the applicant or any person granted party status within 14 days of the
decision. Section 4-504 states that upon receipt of the recommendation of the
Community Development Coordinator (regarding appeals from decisions set out in
Section 4-501.A.) the Community Development Board shall review the application, the
recommendation of the Community Development Coordinator, conduct a quasi-judicial
public hearing on the application in accord with Section 4-206 (notice and public
hearings) and render a decision.
The Community Development Code and Code of Ordinances have two
inconsistent appeal procedures. (A code amendment will be needed to address the
issue.) In addition to the process as discussed above, Section 29.44 (Appeals) of the
Code of Ordinances states that any applicant or licensee who has been denied the
issuance of an occupational license pursuant to Section 29.31, 29.38, or 29.41(5) shall
have the right of appeal to the City Manager. The decision of the City Manager shall be
final and conclusive, subject to judicial review. The appellant was given the choice of
either of the two appeal procedures. He first chose the hearing by the Assistant City
Manager and it was held on January 24, 2002. (Refer to meeting minutes of the
Administrative Hearing – Exhibit I.) During that meeting, the applicant decided to pursue
the appeal process through the Community Development Board.
Pursuant to Section 4-504.C. of the Community Development Code, in order to
grant an appeal, overturning or modifying the decision appealed from, the Community
Development Board shall find that based on substantial competent evidence presented
by the applicant or other party: 1) The decision appealed from misconstrued or
incorrectly interpreted the provisions of the Community Development Code; 2) the
decision will be in harmony with the general intent and purpose of the Community
Development Code; and 3) will not be detrimental to the public health, safety and
general welfare.
mcd0302 16 3/19/02
Ms. Dougall-Sides defined the substantial competent evidence standard that
applies to this case. She also reviewed the time limits for hearing the case. In response
to a question, Ms. Fierce said all 3 of the criteria listed above would need to be satisfied
by the appellant. Ms. Dougall-Sides said should the CDB decide to approve the appeal
to hear the case, that decision would overturn the decision made by staff.
In response to a question, Ms. Fierce said the CDB’s decision regarding the
request must be based on permitted uses regardless of building design.
Ms. Tarapani said the building was under construction pursuant to the former
Code. The construction was not completed and occupied under any allowable uses
under that Code. The building was completed after the new Code became effective.
Tom Selhorst, applicant, said he has been through 5 zoning changes since he
purchased this property in 1977. He said he has followed the regulations of the code
that was in effect when he began construction of the building. He felt it unfair that the
City would change the rules after he has spent considerable funds on this property. His
property is in an Enterprise Zone and is regulated by the applicable standards. He said
the section of the Code he feels applies to his property is Section 40.431. He submitted
a section of the commercial infill conditional uses portion of the former Code, which
includes vehicle service as a permissible use.
In response to a question, Ms. Dougall-Sides said Mr. Selhorst’s use was not
established in the former Code, therefore, she did not feel his business could be
grandfathered in as a permitted use. Commercial Infill areas were required to be
separately set up and approved by the Commission. Mr. Selhorst’s property is zoned
Commercial District, not Commercial Infill. Ms. Tarapani said when the new Code was
adopted; it included several transitional provisions with regard to previously granted
variances. She said the applicant started and stopped construction under the former
Code and never occupied the building for a use that was allowed under the former Code.
Ms. Dougall-Sides said Mr. Selhorst signed City Exhibit B, Application for
Occupational License, which states that no on site repair work would be done. The
applicant waived any claim to provide vehicle service and repair by filing application for
office use only.
Mr. Selhorst submitted Appellant Exhibit A, a copy of a Variance Application,
VR#96-48, indicating that the Zoning District at the time of application was Commercial
Infill and the Land Use Classification was Commercial General, Appellant Exhibit B, a
copy of a Certificate of Occupancy issued on February 27, 2001, after the new Code
was adopted, Appellant Exhibit C, a copy of a paid permit fee for $6,120.38 for
transportation impact fees, etc., and Appellant Exhibit D, a copy of a former section of
the Code referring to Conditional Uses. He said he did not understand why the City
would hold up a Commercial Infill application for 9 years while he purchased buildings
and proceeded with construction. He felt there would be no reason to apply for a
conditional use permit until the roof was completed on the building. He said the City
needs to get behind Enterprise Zone regulations. He said he had received 2 citations
regarding signage. The appeal court judge dismissed the case regarding 1050 North
Myrtle Avenue. Mr. Jacobsen submitted Exhibit E, photographs of the subject property
and a Glass America truck.
mcd0302 17 3/19/02
Ms. Dougall-Sides submitted City Exhibit #1, a copy of a Pinellas County Justice
Information System Case Progress Docket report, showing the result of a case involving
Mr. Selhorst versus the State. She said there were 2 cases regarding 1050 North Myrtle
Avenue. The court dismissed one case, as the judge felt Mr. Selhorst had made some
efforts toward compliance following the citation. In the other case, the court found Mr.
Selhorst guilty, withheld adjudication, and assessed a fine, which was concurrent with 2
other cases in which Mr. Selhorst was found guilty of sign violations.
Marc Jacobsen, Mr. Selhorst’s tenant and owner of Glass America, said the
majority of his business is done on the road in self-contained vehicles. Only 5 – 10% is
done in the shop. No heavy machinery is used. He said there are other businesses
listed in the telephone directory that perform the same type of work his company
provides. He said auto glass is not specifically listed under the auto services section of
the Code. He wishes to open and keep his business at the subject location.
Mr. Selhorst said Glass America already has obtained an occupational license.
No complaints about the business have been brought to staff. He said Glass America is
a glass contractor and provides services other than windshield repair. In response to a
question, Mr. Jacobsen said he would probably need to hire 2 employees at this
location.
In response to a question, Mr. Jacobsen said Glass America’s shop manager
signed City Exhibit F stating the information provided was correct. Mr. Jacobsen said he
actually filled out the information. He said the Code does not address his type of
business. It was remarked that by virtue of Mr. Jacobsen supplying the information and
one of his managers signing a sworn document, he had agreed not to perform on site
work. Mr. Jacobsen said he was told by staff to write that language on the form. He
said not all customers want mobile service.
In response to a question, Mr. Jacobsen said he relied on information from Mr.
Selhorst that this site was approved for office services, and he proceeded to set up the
business. In response to a remark, Ms. Tarapani said the Certificate of Occupancy was
not issued under Commercial Infill designation.
One person spoke in opposition of the business.
Development Services Director Jeff Kronschnabl said staff thoroughly explained
to Mr. Selhorst and Mr. Jacobsen what was permitted under the Code. The City has a
host of other violations against Mr. Selhorst.
In response to a question, Ms. Tarapani said staff determined this use falls into
the definition of vehicle service under the Commercial Zoning district. She said Mr.
Selhorst feels he was approved under a Commercial Infill Zoning under the former Code
when he applied for a variance. Mr. Selhorst did not act upon the variance and now
feels that variance is in effect under the new Code. She said the building was given a
Certificate of Occupancy for an office use only. Ms. Tarapani said although the City
encourages businesses in the area, Mr. Selhorst must adhere to the current Code. Ms.
Dougall-Sides noted that Mr. Selhorst has not presented any conditional use approval
today under the former Code.
mcd0302 18 3/19/02
Member Hooper moved to accept the Appellant’s Exhibits (A, B, C, D, and E), the
City’s Exhibit #1, and the City’s Exhibits as provided in the board’s packets (A – I). The
motioncarried
was duly seconded and unanimously.
Mr. Selhorst said he tries to find good businesses for his properties. He said
under the Commercial Infill established in 1993, 27 different businesses were permitted.
He said he has 67 building permits and other permits for buildings throughout
Clearwater. He has a sizeable investment in his neighborhood. He paid over $6,000 for
a building permit for a 12,000 square foot building. He said it takes a long time to find a
good tenant. He felt he had never been given the opportunity to obtain a conditional use
for this property. Mr. Selhorst said he did not feel the City would want to see mobile auto
glass service at the beach. Windshield repair service is only a small portion of the total
business for Glass America. Work would only be done in the shop on an emergency
basis.
It was remarked that Mr. Selhorst had not proven that staff misconstrued or
misinterpreted the Code.
In response to a question, Ms. Tarapani said the City does not use Federal SIC
Codes to determine uses. Staff uses the definitions in the Code and determines the use
that is most similar to the use being applied for by the applicant.
Member Petersen moved to deny the appeal primarily based on the applicant not
showing the decision made was misconstrued or incorrectly interpreted the provisions of
motioncarried
the Community Development Code. The was duly seconded and
unanimously.
The meeting recessed from 3:20 to 3:28 p.m.
4. Case TA02-02-03 – Residential Rental Text Amendment –
Level Three
Application
Applicant: City of Clearwater, Development Services Department
Request: Amendment to Article 3 of the Community Development code requiring
occupational licensing for certain residential rentals
Presenter: Jeff Kronschnabl, Development Services Director
Development Services Director Jeff Kronschnabl presented background on the
amendment. For approximately one year, the Development Services Department has
been working with a diversified community focus group consisting of representatives
from the Clearwater Chamber of Commerce, the Association of Realtors, the Coalition of
Clearwater Homeowners Association, the Bay Area Apartment Association, the Tampa
Bay Chapter of National Association of Residential Property Managers, individual
owners of residential properties and citizens to formulate regulations to assure
residential rental units in the City are in compliance with the minimum housing and
property maintenance standards. The Development Services Department is requesting
the CDB to consider amendments to the Community Development Code developed
through this extensive collaborative process.
Proposed Ordinance No. 6932-02 establishes a new division in the Community
Development Code to regulate rental residential units. The purpose and intent of the
residential rental compliance code is to gain compliance with minimum housing and
mcd0302 19 3/19/02
property maintenance standards which will clean up, repair, stabilize, encourage
revitalization, strengthen, and preserve our neighborhoods to create a safer, aesthetic,
economically viable, and more livable community. As part of this program, the City
agrees to continually provide information and education to the community and applicants
about the Code.
Proposed provisions will require the occupational licensing of single-family
residential rental dwellings. Current provisions in the City’s Code of Ordinances require
licensing for two or more units. The proposed ordinance requires owners of residential
rental property to acknowledge receipt of information that outlines minimum housing and
property standards that rental property must meet prior to issuance of an occupational
license. This acknowledgement must be given by signing a form entitled Residential
Rental Compliance - Notice Requirements of Minimum Applicable Standards (see
attachment). This form lists the most commonly violated minimum housing and property
standards. In addition this document specifies that any violation that clearly constitutes
a hazard to the safety or health of the occupants must be immediately corrected, by
repair and rehabilitation or by demolition in accordance with the Standard Unsafe
Building Abatement Code adopted in Section 47.051. By signing this notice, the
property owner agrees to meet the requirements of the residential rental compliance
ordinance.
The proposed ordinance provides for compliant driven or inspector initiated
inspections of rental residential units by the City. If any inspection reveals more than
three violations, an interior inspection may be requested and made upon consent of the
property owner.
Mandatory periodic inspections were not required by this ordinance because the
focus group was concerned that such a program would penalize the responsible
landlords and property owners who are keeping their properties well maintained, safe
and desirable for renters and the community. The focus group’s majority was in favor of
requiring inspections and penalty charges to property owners who violate the laws in
such a manner that jeopardizes, and/or negatively impacts, the life, safety and living
conditions of the tenants, neighbors and the community in general. The focus group
strongly recognized this direction as a tool with which the City can hold unresponsive
residential rental property owners more accountable and responsible.
The proposed ordinance specifies that any violation that is not corrected may
result in the issuance of a Notice of Violation, which may require appearance before the
Development Code Enforcement Board, and/or a Notice to Appear before County Court.
Should the preponderance of the evidence show that the property owner was non-
responsive to the violations noted then the property owner could find their right to do
business within the City in jeopardy, as their occupational license could be subject to
revocation.
The proposed ordinance assesses a non-compliance inspection fee of $50 per
unit per re-inspection to be charged if any violation still exists after allowance of a
reasonable time period for compliance.
The proposed amendments are consistent with the Comprehensive Plan and the
Community Development Code. The amendments require compliance of minimum
development standards, and associated housing standards for residential rental property
mcd0302 20 3/19/02
owners, occupational licensing and fee of rental of single family residential properties, a
re-inspection fee of $50 per unit per re-inspection if violations have not been corrected
within allowable time frames, and a Notice of Requirements document linked to the
occupational licensing of residential rental properties, which will require the licensees to
be aware of the standards, inspections requirements and violation procedures.
The Planning staff, in cooperation with the Development Services Department
staff, recommends approval of Ordinance No. 6932-02, which makes revisions to the
Community Development Code.
Two residents spoke in favor of the proposed residential text amendment.
Member Hooper moved that the Community Development Board recommend to
motion
the City Commission to adopt Ordinance TA02-02-03. The was duly seconded.
Upon the vote being taken, Members Petersen, Gildersleeve, Moran, Plisko and Hooper
and Chair Figurski voted “aye”; Members Mazur and Hibbard were absent. Motion
carried
.
Mr. Kronschnabl was commended for his efforts regarding the rental ordinance
proposal.
D. DIRECTOR’S ITEMS
1. Request for time extension – Edgewater Inn Redevelopment – FL00-12-63
at 1919 Edgewater Drive
(request one year extension from March 20, 2002, to
March 20, 2003)
Barry Bywalec, representative for Florida Design Consultants, requested a one-
year extension for this resort development project, as progress had been impeded by the
events of the September 11, 2001, tragedy.
Ms. Fierce said staff recommends approval of the one-year extension request.
Member Hooper moved to approve the request for a one-year extension from
March 20, 2002, to March 20, 2003, for the Edgewater Inn Redevelopment project at
motio
1919 Edgewater Drive. The n was duly seconded. Upon the vote being taken,
Members Petersen, Gildersleeve, Moran, Plisko, Hooper, and Hibbard and Chair
carried
Figurski voted “aye”; Member Mazur abstained. Motion .
2. Update from Assistant City Attorney regarding Clearwater Group Limited
(former Sunshine Mall site) appeal
This item was postponed to the next meeting.
Other
Chair Figurski thanked everyone for their service on the CDB and for his
luncheon today. He also thanked his wife Melody. He said the CDB is the best board
and staff he has ever seen.
E. ADJOURNMENT
mcd0302 21 3/19/02
The meeting adjourned at 5:30 p.m.
mcd0302 22 3/19/02
COMMUNITY DEVELOPMENT BOARD
Meeting Date: March 19,2002
I have conducted a personal investigation on the personal site visit to the
following properties.
Mr. Tom Selhorst,. APP 02-01-01 1050 North Myrtle Avenue.
~ no
yes
Mr. Thao Nguyen and Vui Nguyen, ANX 02-01-013010 Grandview Avenue.
./' no
yes
Post Court/Keith W. Bricklemyer, Z 02-01-01101 South Old Coachman Road (Post Court Apartments).
~. yes no
Equity Holdings, Group, Inc. (Gregory Politis, President), FL 01-12-362004 - 2010 Drew Street.
/'
yes
no
HBH Power Corporation, FL 01-12-38 1860 North Fort Harrison Avenue.
~ no
yes
Mr. David Richardson, FL 02-01-01 1648 Sand Key Estates Court.
yes .~ no
City of Clearwater/Philip Trezza, FL3-01-02 100 North Osceola Avenue.
yes no
Signature: C~ r ~ ~
Date: "3:-- l c, - 0 <-
S:\Planning Department\C D B\CDB, property investigation check list.doc
COMMUNITY DEVELOPMENT BOARD
Meeting Date: March 19, 2002
I have conducted a personal investigation on the personal site visit to the
following properties.
Mr. Tom Selhorst,. APP 02-01-01 1050 North Myrtle Avenue.
~' yes
no
Mr. Thao Nguyen and Vui Nguyen, ANX 02-01-013010 Grandview Avenue.
v
yes
no
Post Court/Keith W. Bricklemyer, Z 02-01-01101 South Old Coachman Road (Post Court Apartments).
~/ yes no
Equity Holdings, Group, Inc. (Gregory Politis, President), FL 01-12-362004 - 2010 Drew Street.
~/ yes
no
HBH Power Corporation, FL 01-12-38 1860 North Fort Harrison Avenue.
~- yes
no
Mr. David Richardson, FL 02-01-01 1648 Sand Key Estates Court.
I~- yes no
City of Clearwater/Phi!!p Trezza, FL 02-01-02 100 North Osceola A venue.
~ yes no
,
Signature: ~~
------- -- -----
Date:
~\\\\)'L
S:\Planning Department\C D B\CDB, property inv stigation check list.doc
COMMUNITY DEVELOPMENT BOARD
Meeting Date: March 19,2002
I have conducted a personal investigation on the personal site visit to the
following properties.
Mr. Tom Selhorst,. APP 02-01-01 1050yorth Myrtle Avenue.
yes vi no
Mr. Thao Nguyen and Vui Nguyen, ANX 02-01-013010 Grandview Avenue.
yes / no
Post CourtlKeith W. Bricklemyer, Z ~~Ol 101 South Old Coachman Road (post Court Apartments).
yes no
Equity Holdings, Group, Inc. (GregOry;tis, President), FL 01-12-362004 - 2010 Drew Street.
yes no
HBH Power Cmporation, FL 01-1270 North Fort Harrison Avenue.
yes no
Mr. David Richardson, FL 02-01-01, 16~Sand Key Estates Court.
yes ~o'no
City of ClearwaterlPhilip Trezza, ~ -02 100 North Osceola A venue.
yes no
COMMUNITY DEVELOPMENT BOARD
Meeting Date: March 19" 2002
I have conducted a personal investigation on the personal site visit to the
following properties.
Mr. Tom Selhorst,. APP 02-01-01 1050 North Myrtle Avenue.
~es no
Mr. Thao Nguyen and Vui Nguyen, ANX 02-01-013010 Grandview Avenue.
yes ~ no
Post Court/Keith ~Cklemyer, Z 02-01-01101 South Old Coachman Road (Post Court Apartments).
. yes no
Equity Holdings, Group, Inc. (Gregory Politis, President), FL 01-12-362004 - 2010 Drew Street.
/ yes no
HBH Power Corporation, FL 01-12-38 1860 North Fort Harrison Avenue.
~yes
no
Mr. David Richardson, FL 02-01-01 lji48 Sand Key Estates Court.
yes ~ no
City of Clearwater/PhjJip Trezza, FL 02-01-02 100 North Osceola A venue.
~ yes no
Signature:
Date:
3!11l!t;u
S:\Planning Department\C 0 B\CDB,
COMMUNITY DEVELOPMENT BOARD
Meeting Date: March 19,2002
I have conducted a personal investigation on the personal site visit to the
following properties.
Mr. Tom Selhorst,. APP 02-0 I-OI/NOrth Myrtle Avenue.
yes no
Mr. Thao Nguyen and Vui Nguyen, Z 02-01-01 3010 Grandview A venue.
yes no
Post Court/Keith W. Bricklemyer, Z 7-01 101 South Old Coachman Road (Post Court Apartments).
yes no
Equity Holdings, Group, Inc. (Grego/iriS, President), FL 01-12-36 2004 - 2010 Drew Street.
yes no
HBH Power Corporation, FL 01-12-38 18~orth Fort Harrison Avenue.
yes V no
Mr. David Richardson, FL 02-01-01 164' Sand Key Estates Court.
yes V no
City of Clearwater/Philip Trezza, FL ~ -02 100 North Osceola A venue.
yes no
Sig
Date:3( (~ (0 ~
COMMUNITY DEVELOPMENT BOARD
Meeting Date: March 19,2002
I have conducted a personal investigation on the personal site visit to the
following properties.
Mr. Tom Selhorst,. APP 02-01-011050 North Myrtle Avenue.
X yes
no
Mr. Thao Nguyen and Vui Nguyen, ANX 02-01-013010 Grandview Avenue.
^' no
yes
Post Court/Keith W. Bricklemyer, Z 02-01-01 101 South Old Coachman Road (Post Court Apartments).
)<. yes no
Equity Holdings, Group, Inc. (Gregory Politis, President), FL 01-12-362004 - 2010 Drew Street.
K no
yes
HBH Power Corporation, FL 01-12-38 1860 North Fort Harrison Avenue.
yes K. no
Mr. David Richardson, FL 02-01-01 1648 Sand Key Estates Court.
yes ~ no
City of Clearwater/Philip Trezza, FL 02-01-02 100 North Osceola Avenue.
~ yes no
Signature: {L
S:\Planning Department\C 0 B\CDB, property investigation CheCkfjctoc
Date: '!? - I i - 0 "?-
COMMUNITY DEVELOPMENT BOARD
Meeting Date: March 19, 2002
I have conducted a personal investigation on the personal site visit to the
following properties.
Mr. Tom Selhorst,. APP 02-01-01 1050 North Myrtle Avenue.
~ yes
no
Mr. Thao Nguyen and Vui Nguyen, ANX 02-01-01 3010 Grandview Avenue.
yes ~ no
Post Court/Keith W. Bricklemyer, Z 02-01-01 101 South Old Coachman Road (Post Court Apartments).
./ yes no
Equity Holdings, Group, Inc. (Gregory Politis, President), FL 01-12-362004 - 2010 Drew Street.
/ yes
no
HBH Power Corporation, FL 01-12-38 1860 North Fort Harrison Avenue.
..../'
yes
no
Mr. David Richardson, FL 02-01-01 164~ Sand Key Estates Court.
yes ~ no
City of Clearwater/Philip Trezza, FL 02-01-02 100 North Osceola Avenue.
.../ yes no
Signatu:J~ ;/
S:\Planning Department\C D B\CDB, property investigation check list.doc
Date: 3/;9 IOc2
-
----I
COMMUNITY DEVELOPMENT BOARD
Meeting Date: March 19" 2002
I have conducted a personal investigation on the personal site visit to the
following properties.
Mr. Tom Selhorst,. APP 02-01-01 ~ North Myrtle Avenue.
yes no
Mr. Thao Nguyen and Vui Nguyen, A.X 02-01-013010 Grandview Avenue.
yes no
Post Court/Keith W. Bricklemyer, ~01-01101 South Old Coachman Road (Post Court Apartments).
yes ~no
,
Equity Holdings, Group, Inc. (Greg~ Politis, President), FL 01-12-36 2004 - 2010 Drew Street.
yes no
HBH Power Corporation, FL 01-12- ~ 1860 North Fort Harrison A venue.
yes no
Mr. David Richardson, FL 02-0 1-01 ~8 Sand Key Estates Court.
yes no
City of ClearwaterlPhilip Trezza, FL t 1-02 100 North Osceola Avenue.
yes no
Date:
3}7~ 2-