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02/06/2002 - Island Estates Neighborhood Conservation Overlay District MeetingISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT MEETING St. Brendan’s Church – 245 Dory Passage February 6, 2002 The sixth NCOD (Neighborhood Conservation Overlay District) meeting was opened by Study Committee Member Curtis Waldon at 7:08 p.m. at St. Brendan’s Church, 245 Dory Passage, Clearwater. Other members of the Island Estates NCOD Study Committee were introduced: Phyllis Boksen, Fran Briskman, Sandy Cole, Jack Heckert, Rusty Hoglin, and Chuck Stebbins. City staff included Planning Director Cyndi Tarapani, Long Range Planning Manager Gina Clayton, and Planner Lochen Wood. Study Committee Member Fran Briskman said the draft NCOD plan was developed from public input obtained at neighborhood meetings. She summarized goals and objectives as developed during the process. She said many residents had similar aspirations for the community. She said although burying utility lines on Island Estates is not one of those goals, it is a future hope of the community. She said hopes are that the City Commission will adopt the final NCOD plan. Study Committee Member Sandy Cole reviewed development regulations that will implement the goals and objectives. She also reviewed a comparison of proposed NCOD regulations and existing City Code regulations. It was noted that the comparison does not reflect exact Code language, but is summarized for comparison purposes only. It was explained that a community residential home is for those who require assistance, or people with handicaps that need to live together as a group. Florida Statutes allow them those community residential homes to be treated as single-family homes and City Code permits them. The City can regulate the number of people living in community residential homes. It was felt that motorcycles should be addressed under the proposed parking regulations. It was remarked that as motorcycles are termed “vehicles” in City Code, they would be required to be parked in a garage. It was suggested that personal cars and motorcycles both be included in the parking regulation section. A vote was taken via a show of hands and approximately three-fourths of attendees voted in favor of allowing personal cars and motorcycles to be parked in driveways. In response to a question, Planning Director Cyndi Tarapani said Island Estate’s deed restrictions would continue to remain in effect regardless of changes to the City Code. She answered questions regarding the proposing building setbacks. Ms. Tarapani explained the NCOD voting process. She said the vote would be based on turnout. An item must have 51% of the vote to pass. Study Committee Member Phyllis Boksen discussed neighborhood participation and requirements. She said it is important to educate the neighborhood about the NCOD requirements. Ms. Boksen also reviewed NCOD enforcement procedures. She said many of the NCOD regulations are a re-validation of City Code, however if the City Code were changed, the NCOD rules would remain in effect. It was requested that staff research whether or not a property owner’s home can be taken from them due to lack of payment of a lien on the home. In response to a question, Ms. Tarapani said she did not feel there would be a large need for the City to address violations in Island Estates for noncompliance of NCOD regulations. She said the City Commission has requested staff provide them with a progress report on the Island Estates NCOD plan in one year to determine its success. At that time, the Commission will decide whether or not to permit NCODs in other areas. Ms. Briskman said she spoke with Development Services Director Jeff Kronschnabl. Mr. Kronschnabl indicated that none of the NCOD proposed regulations appear to be problematic with respect to compliance. Ms. Boksen said the Coachman Ridge neighborhood was the first neighborhood to implement a neighborhood overlay district plan. To date, they have had no Code enforcement problems. Ms. Tarapani announced that City Commissioner Ed Hart had recently arrived in the event anyone would like to speak with him. Ms. Tarapani said the next NCOD meeting is scheduled for February 27, 2002, at 7:00 p.m. at St. Brendan’s Church. She urged anyone with comments or questions to use the comment cards supplied at today’s meeting, or contact the Planning Department staff before the next meeting. Mr. Waldon thanked staff for their participation and for everyone who attended. One resident said that a circuit court judge told him that deed restrictions are invalid because in 1997, the Florida Legislature said they could not be imposed unless the neighborhood had put a Homeowner’s Association in place. The meeting adjourned at 9:00 p.m.