►
From YouTube: Planning and Zoning Board December 18, 2017
Description
Description
D
E
E
E
F
D
Not
the
board's
function
to
make
law,
but
rather
to
apply
law.
That's
already
been
established
in
a
quasi
judicial
hearing.
The
board
is
required
by
law
to
make
findings
of
fact,
based
upon
the
evidence
presented
at
the
hearing
and
apply
those
findings
of
fact
previously
establish
criteria
containing
the
Code
of
Ordinances
in
order
to
make
a
legal
decision
regarding
the
application
before
it.
D
G
G
They
are
applying
to
approve
a
site
plan
of
the
fifty
five
thousand
to
our
sixteen
square
foot
area
with
two
marine
mammal
rehabilitation
pools
the
full
shade
structures
and
a
mobile
office
laboratory
for
the
Clearwater
Marine
Aquarium
for
a
stranding
station.
So
the
facility
will
only
be
used
intermittently
for
the
purpose
of
rehabilitating
marine
life.
When
it
comes
to
that
particular
location,
the
facility
will
not
be
open
to
the
public,
it
will
be
fully
enclosed
within
the
park
and
the
north
west
portion
of
the
park
it'll
be
fenced.
G
It's
not
designed
to
be
an
educational
facility,
nor
is
it
designed
to
be
open
to
the
public
at
any
time
the
property
size
that
they
have
agreed.
They've
entered
into
an
agreement
with
Pinellas
County
for
the
use
of
1.27
acres
in
the
northwestern
portion
of
Fred
Howard
park,
the
land
use
there
is
recreation
and
open
space
and
the
zoning
is
land
conservation.
G
The
environmental
analysis
conducted
on
the
site
identified
two
potentially
active,
gopher
tortoise
burrows,
so
an
on-site
relocation
permit
will
be
applied
for
the
technical
review
committee
has
reviewed
most
recently
on
November
13th,
2017
and
determined
the
application
for
site
plan
approval
to
be
complete
and
in
compliance
with
the
standards
for
review,
the
site
plan
is
consistent
with
the
future
land
use
plan
and
the
corresponding
policies
of
the
Comprehensive
Plan.
The
proposed
project
meets
the
concurrency
management
standards
of
section
122
of
the
land
development
code.
G
That
finds
the
application
for
site
plan
approval
consistent
with
the
applicable
review
criteria
and
therefore
the
staff
recommendation
is
to
approve
the
site
plan
subject
to
the
following.
The
developer
is
responsible
for
acquiring
all
other
jurisdictional
permits,
and/or
approvals
and
for
meeting
the
minimum
criteria
of
the
land
development
code.
Any
lighting
to
be
installed
on
site
is
to
be
shielded
and
directed
internal
to
the
site.
Construction
plans
shall
be
consistent
with
the
approved
site
plan.
A
G
A
G
H
Yes,
sir
Thank
You
Michelle,
thanks
for
your
presentation,
your
staff
report,
some
of
my
questions
were
answered
within
that
in
terms
of
the
recreational
opportunities
and
then
I
see
in
the
staff
report
that
there's
no
issue
with
traffic
concurrency
I
was
glad
to
see
that
the
parking
is
being
done
within
pervious
surface.
As
far
as
the
crush
shell
or
I
guess,
rocked,
which
is
nice,
does
the
applicant
have
to
adhere
I,
didn't
see
anything
in
the
back
up
and
regard
to
the
public,
our
ordinance,
no.
H
G
H
I
Is
not
a
restriction
on
the
property?
It's
not
it's,
not
our
jurisdiction,
for
at
least
we
don't
own
it
or
have
any
means
to
it.
That
was
all
included
on
the
research
that
was
done
for
that
was
included
in
the
lease
agreement.
That
is
actually
back
up
to
your
staff
report
that
actually
allows
them
Clearwater
Marine
Aquarium,
to
come
before
you
to
even
represent
the
property
because
they
currently
don't
own
it
all
that's
being
done
here
is
a
lease
and
there
is
no
limitations
on
the
property
for
this
type
of
uses.
B
I
I
Not
well
it's
it's
it's
in
a
land
conservation,
zoning,
but
there's
no
specific
conservation
easement.
Basically,
that
Park
is
dedicated
to
the
pin
of
the
people
of
Pinellas
County
and
managed
by
the
parks
department
in
Pinellas
County,
so
they
would
have
right
to
enter
into
a
lease
agreement.
It's
consistent
with
our
land
use,
so
the
city
doesn't
have
concerns
because
there's
no
specific
deed
restriction.
That's
that
we
are
aware
of
that
would
limit
the
use
for
the
what
they're
proposing.
I
I
So
no
other
organizations
gonna
be
able
to
utilize
this
property
without
previously
getting
the
permission
from
Pinellas
County
to
utilize
that
property,
because
they
technically
are
the
owners
of
the
property.
As
far
as
the
site
plan,
the
site
plan
is
consistent
and
the
use,
if
it
were
to
change
here,
would
likely
have
to
come
back
to
the
board,
and
then
we
would
determine
once
again
is
it
sistent
with
the
land
use?
I
I
You
know
this
is
not
a
downtown
Clearwater
use
that
we're
going
to
put
animals
in
a
pool-
and
you
know
they're
really
looking
at
trying
to
maintain
and
improve
the
quality
of
life
of
these
animals
and
then
relocate
them
back
into
nature,
so
being
in
that
setting
it's
a
much
better
place
for
them
than
say
downtown,
Clearwater
we're
downtown.
You
know
where
all
of
our
aquariums
are
it's
really
hard
to
do
any
type
of
rehabilitation
in
that
in
that
facility?
So.
E
E
I
I
would
say
yes,
but
it
would
be
that
we
would
have
to
that
would
be
in
concert
with
Pinellas
County,
because
again
we're
not.
The
owners
of
the
property
is
within
our
jurisdiction,
but
we
are
not
the
owners
of
this
particular
property,
so
we
are
gonna
have
limited,
say
in
what
gets
what
at
what
activities
are
allowed
out
there,
with
the
exception
of
they
must
be
consistent
with
our
land
use.
But
again
it's
a
recreational
park.
There's
a
lot
of
uses
that
that
fit
into
active
recreation.
The.
G
Other
thing
I'd
like
to
just
tack
on
to
that,
is
that
the
site
that
this
is
that
this
is
proposed
for
is
a
site
that
was
previously
used
for
spoils
for
the
park.
So
it
was
already
sort
of
kept
away
from
the
general
public
anyway,
and
it's
one
of
the
few
sites
in
the
park
that
are
that
way.
So
it
sort
of
lends
itself
to
a
use,
that's
different
from
the
remainder
of
the
park,
where
people
usually
and
usually
occupy.
A
E
G
D
F
A
F
It's
a
58,
oh
three,
Benjamin
Road,
Tampa
Florida,
the
questions
that
came
up
related
to
drainage.
The
big
issue
was
normally
in
a
site:
development
you're
required
to
attenuate
the
post
development,
the
change
between
pre
and
post-development
flows.
However,
on
this
site,
because
we
drain
directly
into
an
infinite
basin
because
we're
only
200
feet
from
st.
F
H
F
H
J
J
We
are
under
contract
with
National
Marine
Fisheries,
as
well
as
Fish
and
Wildlife,
and
that
contract
for
National
Marine
Fisheries
is
really
we're
not
meeting
our
are
upholding
our
permit
right
now,
so
we
actually
transport
you
may
or
may
not
have
heard.
As
an
example
of
probably
three
four
weeks
ago
we
had
a
mass
stranding.
Actually
in
Fred
Howard
Park,
we
actually
transported
eight
animals
to
SeaWorld.
Unfortunately,
none
of
them
made
it.
J
That's
one
of
the
issues
clearly
transporting
an
animal
over
the
road
is
very
stressful
on
that
animal,
and
so
we
are
trying
to
find
someplace
close
and
realistic.
Cma
Clearwater
Marine
Aquarium
is
also
responsible
for
multiple
counties
north
of
here,
so
we
actually
are
responsible
all
the
way
up
to
Levy
County.
So
this
location
even
was
a
little
bit
better
because
on
the
northern
end
of
Pinellas
County,
we
have
been
working
with
the
county
for
almost
a
probably
good
year
and
a
half
to
define
an
area
that
would
work.
J
We
originally
were
looking
at
the
sanke,
Park
and
I
think
somebody
had
asked.
You
know
why
this
Park,
the
sanke
Park,
actually
the
way
their
code
is
written.
Their
legalese
is
done
that
we
could
not
actually
build
a
facility
there,
and
so
the
only
two
County
parks
that
were
available
to
us
was
for
DeSoto
or
Fred
Howard
and
of
course,
we
chose
Fred
Howard
being
in
the
northern
end
as
far
as
the
animals.
J
J
Directional
bore
underneath
the
mangroves
and
if
you
look
at
an
aerial,
you'll
see
the
old
dredge
holes
out
there,
where
they
dredge
to
build
the
causeway
out
there
into
the
item
for
the
park,
and
so
we're
gonna
actually
put
a
six-inch
line
out
there
to
one
of
those
dredge
holes
are
about
ten
feet
deep
and
that's
where
we'll
draw
our
saltwater
in
we're,
also
getting
a
permit
from
DEP
to
actually
discharge
our
water
back
out.
So
our
water
is
just
as
clean.
J
Actually,
it's
cleaner
going
back
out
and
so
and
what
is
Charlie
was
saying
we
typically
our
permit
is
it
for.
Like
ten
percent
of
the
water
change
per
month,
we
are
able
to
drain
the
pool
in
its
entirety.
So
if
we
needed
to
drain
it,
let's
say
the
animal
expired.
We
want
to
go
ahead
and
shut
it
down.
J
So
that's
what
our
permitting
with
DEP
and
Swift
mode,
Army
Corps
of
Engineers,
Fish
and
Wildlife-
you
name
it
we're
talking
to
them
all
so
in
our
contract
with
the
county,
we're
a
10-year
contract
renewable
for
another
ten,
so
the
county
has
been
really
great
to
work
with
I
also
heard
the
question:
why
are
we
even
here
that
was
answered
early
on
week?
The
county
originally
said
no
you're
gonna
permit
through
us
it's
county
property.
Then
the
attorneys
got
together
and
we've
identified
nope.
It
is
tarpon,
springs,
jurisdiction
for
building
permits
and
so
forth.
J
Basically
talking
any
marine
mammal
for
most
part,
of
course
we're
talking
about
our
local
animal.
So
you
know
we
may
have
a
pilot
whale
will
do
spinner,
dolphins,
bottlenose
dolphin,
we're
seeing
a
lot
of
offshore
dolphins
coming
in
here
lately
and
there's
actually
been
a
fair
amount.
It's
kind
of
crazy
how
they've
been
coming.
It's
a
Fred
Howard
park
and
we
don't
know
why
we
were
joking
the
other
day
and
said
well.
They
know
we're
coming
here,
they're,
getting
ready
just.
K
I
A
I
Be
moved
in
Caen
the
the
actual
permit
information
that
they're
required
to
present.
It's
pretty
lengthy
report
on
you
know
the
quality
of
animal
of
the
animals
and
what
habitat
is
around
there
they'll
find
the
most
suitable
habitat
most
likely,
because
this
is
a
county
park.
It
will
remain
in
the
park.
There
are
offsite
location
options,
but
unless
these
the
animals
pose
some
kind
of
other
threat,
more
than
likely
they'll
be
located,
relocated
right
into
the
park.
They.
J
H
I
E
A
A
A
H
H
A
A
I
Thank
you.
This
is
a
conditional
use
approval
to
allow
construction
for
eight
thousand
seven
or
eighty-seven
thousand
six
hundred
and
seventy
seven
square
feet
of
mini
warehouses
and
two
buildings
consisting
of
five
hundred
and
sixty
four
units
in
the
highway
business
district
and
approval
for
the
Associated
site
plan.
The
owner
is
white,
family
properties
and
the
applicant
is
Neil
Partners.
I
Essentially,
this
property
is
located
on
a
vacant,
but
disturbed
site.
It
was
formerly
a
portion
of
it
was
formerly
a
parking
lot.
It's
a
rather
large
site.
It's
about
seven
hundred,
seven
point:
four
or
five
acres
of
that
site.
Approximately
2.1
acres
concentrated
along
us
19
is
actually
going
to
be
developed.
Part
of
the
reason
why
it's
limited
the
development
that
it
can
happen
here.
Is
you
have
a
large
wetland
on
this
property?
A
matter
of
fact.
The
wetland
goes
all
the
way
back
to
the
residential
adjacent
residential.
I
I'm
building
in
the
rear,
which
has
a
total
of
14
units,
the
applicant
did
receive
a
parking
variance
which
was
granted
in
July
of
this
year,
and
essentially
it
was
a
reduction
of
33%
of
the
required
prior
required
parking
for
a
total
of
42
spaces
which
are
proposed,
two
of
which
are
88
compliant.
There
are
there,
are,
there
will
be
some
tree
removal
and
the
applicant
is
proposing
to
mitigate
by
adding
by
replanting
35
trees
and
then
paying
into
doing
a
fee
and
lieu
into
the
tree
bank.
I
For
the
remainder
of
the
mitigation,
that's
required
the
app
this
application
went
before
TRC
for
review
and
was
deemed
consistent
with
the
site
plan,
review
criteria
and
I'm
going
to
go
through
the
conditional
use
criteria
that
the
applications
also
met.
This
criteria,
as
well
proposed
use,
is
required
to
be
reviewed
in
the
highway
business
district
because
of
the
fact
that
it's
in
the
highway
business
district,
this
particular
use
of
mini
warehouses,
requires
that
conditional
use
review
there
are
similar
uses
are
located
to
the
north
and
south
of
the
subject.
Property.
I
Initial
use
will
not
significantly
impact
the
existing
mix
of
uses
there,
because
you
have
commercial
in
the
area,
and
you
actually
have
a
storage
facility
directly
south
of
this,
so
it
is
rather
consistent
since
we
already
have
an
existing
believe.
It's
a
public
storage
just
south
of
them.
The
proposed
use,
will
not
impact
adversely
impact
the
property
values
the
development
is,
it
will
not
require
extension
of
additional
public
services.
They've
already
got
there's
actually
a
lift
station
already
out
there,
because
this
site
was
previously
part
of
the
larger
site
that
were
the
Mexican.
I
Restaurant
was
kind
of
cut
out
of
the
so
there's
already
existing
utilities
to
the
site.
They
will
be
providing
some
additional
easements
and
an
agreement
between
the
restaurant
and
this
property
owner
for
their
water
and
wastewater
use,
essentially
just
use
is
effect
it.
Basically,
the
proposed
use
is
consistent
with
majority
of
the
uses
in
the
area,
as
well
as
the
plan
uses
in
their
the
conditional
use
will
provide
efficiently
order
development.
It
will
put
the
site
back
into
use,
which
is
currently
under
utilized.
I
I
I
I'll
read
the
recommendation
and
conditions
into
the
record
application,
1703
and
17
118
and
resolution
2017
42,
requesting
a
conditional
use
permit
and
a
site
plan
approval
to
construct,
87,000
677
square
feet
of
mini
warehouse
and
two
buildings
consisting
of
564
units
located
on
the
west
side
of
us
19,
approximately
1,000
180
feet
from
the
intersection
of
East,
clustering,
Road
and
us
19,
and
the
highway
business.
Zoning
district
is
approved
with
the
following
conditions.
The
developer
is
responsible
for
requiring
all
jurisdictional
permits
and
for
meeting
the
minimum
criteria
of
the
land
development
code.
I
Construction
plans
shall
be
consistent
with
the
site
plan
and
payment
of
all
requisite
fees.
Attended
to
the
project
shall
be
paid
in
accordance
with
the
land
development
code.
A
revised
utility
easement
agreement
with
all
necessary
exhibits
between
the
city
and
the
owner
must
be
provided
for
review
and
executed
prior
to
the
issuance
of
the
building
permit.
A
copy
of
an
agreement
for
the
private
lift
station
must
be
provided
for
review
and
approval
prior
to
the
issuance
of
the
building.
I
Permit
provide
a
written
request
to
the
building
development
department
to
allow
the
finished
floor
elevation
if
below
18
inches
of
the
highest
elevation
for
the
adjacent
street,
provide
a
modified
lift
station
detail
on
the
site
plan
for
a
350
ast
bfv
backflow
preventor,
and
share
all
details
on
the
site
plan.
Reference
of
the
city
of
tarpon
springs.
The
applicant
must
provide
shield
shielded,
lighting
and
directed
all
and
direct
all
lighting
internal
to
the
project.
It
should
say
project
not
project
away.
I
A
I
Condition
to
use
in
the
highway
business
district
many
warehouses
require
that
conditional
use
of
review.
You
can't
just
open
them.
Any
warehouse
like
you
can,
with
other
things
that
just
come
through
site
plan
approval.
They
have
to
prove
that
they
are
consistent
with
the
neighborhood.
In
this
case.
I
would
make
that
argument.
You
already
have
one
adjacent
to
it.
It
is
a
consistent
use.
H
I
Well,
you're
aware
that
your
code
is
somewhat
antiquated
as
a
result
of
being
somewhat
antiquated.
You
have
a
rather
older
parking
requirement
for
many
warehouses.
It's
one
space
per
10
units,
that's
a
fairly
good
sized
parking
lot
that
you
basically
are
providing
for
units
that
are
going
to
be
used
intermittently
you're
going
to
have
intermittent
traffic
there.
I
So
the
applicant
provided
us
with
some
updated
analysis
of
what
they've
used,
that
there
are
other
facilities
as
a
result
of
your
code,
we're
also
limited
in
the
type
of
variance
and
the
size
of
a
variance
that
we
can
actually
give,
and
the
limitation
is
more
than
33%
of
the
reductions.
So
the
applicant
worked
with
us
to
not
only
reduce
the
number
of
units
that
they
were
proposing,
but
also
to
work
within
our
confines
of
our
code
for
providing
the
necessary
parking.
H
I
I
So
it's
a
little
bit
different
parking
that
then
having
people
pull
up
to
individual
Bay's
I
mean
you
do
have
that
on
this
site,
but
it's
limited
to
14
units,
it's
a
very
limited
building
in
relation
to
the
larger
building,
where
you
might
have
a
bigger
truck
pulling
up
to
drop-off.
You
know
moving
materials
or
whatever.
I
I
Less
than
less
than
three
acres
is
tough
for
most
larger
uses
when
you
have
to
put
a
parking
lot
of
a
hundred
and
some-odd
parking
spaces
in
so
the
justification
for
their
parking
lot
is
twofold:
one,
the
antiquated
codes
that
we
have,
and
also
that
wetland
area
that
you
have
restricting
this,
the
uplands
that
you
have
to
develop
so
I
mean
that's.
It's.
D
I
I
H
I
They
do
not
have
to
show
it
at
this
port
and
a
portion
of
the
site
plan.
They
actually
will
basically
tell
us-
and
we
will
direct
them
as
they
move
through
this
process,
to
start
working
with
the
public
art
committee
to
determine
their
artists,
what
their
artworks
going
to
look
like,
and
all
of
that
will
have
to
be
worked
out
prior
to
the
fact
that,
before
the
building
permit
issuance,
it's
not
so
much
this
step
as
the
next
step.
A
K
I
There's
no
requirement
because
they're
commercial
to
commercial
to
have
any
type
of
buffer
or
any
that
type
of
thing
and
again
actually,
if
you
were
gonna,
require
the
buffer,
the
buffer
would
be
on
the
other
use,
because
the
parking
lot
their
parking
lots
actually
abutting
in
this.
This
really
isn't
their
parking
lot.
I
It's
really
the
entranceway
to
their
building,
so
be
there
Drive
aisle
and
then
the
you
know
some
of
their
landscaping
that
they're
proposing
with
the
mitigation
for
the
trees
and
that
type
of
thing
so
really
they're
more
consistent
with
what
you
have
out
there
for
the
restaurant,
but
again
the
restaurants.
The
older
restaurant
was
developed
at
a
different
time.
B
I
The
there
is,
they
have
done
a
basic
environmental
analysis.
Again,
it
didn't
go
beyond
where
they're
wet
or
their
wetland
buffer
is.
They
have
a
25-foot
wetland
buffer,
that's
shown
on
the
site
plan.
It
wasn't
required
to
go
beyond
that,
mostly
because
we
expect
there
to
be
wildlife
there,
but
this
site
has
been
disturbed
in
for
such
a
long
time
that
there's
really
nothing
living
there.
I
Now
they
may
find
expired,
gopher
tortoise
burrows
or
that
type
of
thing,
but
again
with
the
proximity,
the
highway
and
the
vibrations
and
the
height
from
people
driving
up
and
down
19.
The
likelihood
that
you're
gonna
have
wildlife.
That's
in
that
that
first,
a
Greek,
an
acre
and
a
half
is
unlikely
they're,
just
not
going
to
want
to
be
there,
because
it's
not
a
place
that
anybody
wants
to
be
living.
H
I
L
A
A
A
A
C
A
A
A
A
I
Comment
is
thank
you
to
our
new
alternate
for
coming
and
meeting
everybody
tonight.
We
appreciate
you
willingness
to
join
our
board.
You
do
have
another
board
number,
because
mr.
Parker
left
we're
very
disappointed
to
see
mr.
Parker
go,
but
he's
got
some
obligations
with
work.
They
just
don't
work
with
your
meeting
anymore,
so
Justin
Vesey,
who
is
not
here
tonight,
was
appointed
to
your
board
at
the
last
board
meeting.
So
welcome
to
our
new
members.
We're
glad
to
have
you
here.
H
I
A
year
so
yeah
any
of
your
members
who
want
to
come
back
and
come
back
after
a
year
if
they
choose
to
other
than
that,
I
want
to
wish
everybody
a
Merry
Christmas
and
a
Happy
New
Year.
We
are
gonna,
have
a
meeting
in
January
but
other
than
that
I
think
it's
the
e.
Is
it
the
22nd
or
the
22nd
one
22
18,
it's
a
little
different
than
thing
because
of
Martin
Luther
King
Day,
your
your
meetings
have
gotten
meetings,
have
gotten
a
little
pushed
up
and
down
so
with
that.
That's
all
that
I
have.