02/27/1990 (2)
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ACTION
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY. FEBRUARY 27. 1990 . 1:30 PM
PLEDGE OF ALLEGIANCE
lNVOCA TION
ITEM
A. Approval of minutes of February 13, 1990
F. E.B 28 1990
ACI10N
crrx CLEPJ(
Approved
CONDn10NAL USES. ANNEXATION. ZONING. LAND USE. PLAN AMENDMENTS. LAND
DEVEWPMENT CODE. TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONAL USE REQUESTS IS GNEN UNDER OATH.
1.
2.
3.
4.
S.
6.
7.
8.
9.
10.
11.
12.
13.
The Chairperson reads from the Public Hearing Notice each item as it is presented.
The staff report and pertinent background information are presented.. 5 minutes maximum.
Staff presents any supporting written documents.
Staff presents anX opposing written documents.
Tbe applicant or his representative presents his case. . 5 minutes maximum.
Persons who support the application speak - 3 minutes maximum for each individual;
or spokesperson for group - 10 minutes maximum.
Persons who oppose the application speak. 3 minutcs maximum for each individual; or
spokesperson for group - 10 minutes maximum.
Pers.ons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
manmum.
Persons opposing may speak in rebuttal ~ 3 minules maximum.
The applicant has an opportunity for final rebuttal. 5 minutes maximum.
Public Henrin~ are closed.
Discussion by the Board.
The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. Conditiorull Uses:
1.
M&B 32.05} Sec. 13-29-15
(505 Virgima Lane)
William and Hope Georgilas
CU 90.13
Request.
1. Indoor storage and/or
warehousing
2. Auto parts wholesaling!
distributmg
CG (General Commercial)
Zoned -
2.
LotI and part of Lot 2, I31k. 77,
Mandalay Sub. #S (50 Royal Wuy)
Joscrh F. Nicholas aod Mary Grasso
(Horizon Watcrfun and Charter Sen'ice)
CV 90-14
Request.
Zoned -
To (lermit boat charter
scfVIce
AIJe (Aquatic Landsl
Coastal)
P &. Z AGENDA
Approved subject to the following conditions:
0) All City development codes shall be adhered
to in the dcvc\opmcnt of this property for
the proposed use, including parking. loading
and landscaping standards.
b) No deliveries to tIte property shall be
permitted between the hours of 7:00 PM and
7:00 AM, Monday through Saturday. no
Sunday deliveries shn1l be ~t1cd.
c) An occupationnlliccnsc must be procured
within six (6) months.
d) Address nUri1ber must be displayed on the
building as required by Code.
Approved subject. to the following conditions:
a) Two (2) of the Surf N Sand Motc\ parking
spaces Shall be designated as reservoo for
the charter opemlioD by permanent sil!,!llige.
b) No vesscl exceeding cighlccn (18) feet in
length shall be used in the charter oP'?ralion.
c) No overnight charter boat storage sliall be
permitted at the subject property.
d) An occupationalliccnsc must be procured
within six (6) months.
e) Parking situation be resolved by staff.
1
om7/90
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"
C. AnnCXDtiOn. Zonifi Land Use PIan .
Amendment.. Lan Development Code Ten (.,
Amendment. and Local Planninlt ARency
Review:
1. Ce~trnl Park Resub, Part of Tract A Approved
fparcel A), Located at the Southeast .
ntersection of Drew Street and Mercury
Avenue. teteo Development Corp.)
A 89-26, UP 89-21 .
Request - Annexation and ZoninIT,
RM-16 (Multiple Fanu y
Residential)
LAND USE PLAN:
FROM: None
TO: Medium Density Residential
2. Central Park Resub, Part of Tract A Approved
fparccl B), Located at the Southeast
utersection of Drew Street and Mercury
Avenue. (Metco Development Corp.)
A 89.26~ LUP 89-21 .
Request - Annexation and Zoning, CO
(General Commercial)
LAND USE PLAN:
FROM: None
TO: CommerciaVI'ourist
Facilities
3. ' Lots 8 and 9, Blk. G, Sall's Sub. Continued to 3/13190
Located at the Northeast Corner at the
Intersection of South Missouri Avenue
and Belleair Road (Lazzara Family
Partnershi~
A 90.01, L 90-01
Request - Annexation and Zoning, CO
(General Commercial) 'I
LAND USE PLAN:
FROM: None
TO:. CommerciaVI'ourist
Facilities
4. ~ntinucd from February 13,1990) Approved
ordinance of the City of Clean....ater, Florida,
relating to the Land Development Code; amending
. Section 135.134, Code of Ordinances, to allows
television and radio broadcast studios as permitted
uses in the Commercial Center (CC) district.
E. Chairman's Items
F. Director's Hems
O. Board & Staff Comments
H. WORKSHOP - Alcoholic Bevernge Sales
...._F~'
P & Z AGENDA
2
02127/90
r. ~;.,
1-.' I.
AGBNDA
PLANNING & ZONING BOARD MEETING
TUESDAY, FEBRUARY 27, 1990 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
ACrION
A. Approval of minutes of February 13, 1990
CONDInONAL USES. ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS. LAND
DEVELOPMENT CODE TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDmONAL USE REQUESTS IS GIVEN UNDER OATH.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
ll.
12.
13.
l
\~:.. .
The Chairperson reads from the Public Hearing Notice each item as it is presented.
The staff report and pertinent background information are presented. - 5 minutes maximum.
Staff presents any supporting written documents.
Staff presents any opposing written documents.
The applicant or hiS representative presents his case. - 5 minutes maYimum.
Persons who support tlie application speak - 3 min.ntes m:lximum for each individual;
or spokesperson for group - ill minutes m~ximum.
Persons who oppose the appli~tion spe~ - 3 minutes maximum for each individual; or
spokesperson for grOllp - 10 mmutes tnWCItllum.
Persons supporting the application (oth.er than applicant) may speak in rebuttal - 3 minutes
m"ximum.
Persons opposing may speak in rebuttal- 3 minutes l1)aximum.
The applicant bas an opportunity for final rebuttal - 5 minutes maximum.
Public Hearings are closed.
Discussion by the Board.
The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. Conditional Uses:
1. M&B 32.051 Sec. 13-29-15
(505 VirginIa Lane)
William and Hope Georgilas
CU 90-13
I
f
........-
Request - 1. Indoor storage and/or
warehousing
2. Auto parts wholesaling!
distributing
Zoned - CG (General Commercial)
2. Lot 1 and part of Lot 2, Blk. 77,
Mandalay Sub. #5 (50 Royal Way)
Joseph F. Nicholas and Mary Grasso
(Horizon Waterfun and Charter Service)
CU 90-14
Request -
Zoned -
To permit boat charter
service
Al)C (Aquatic Lands/
Coastal)
P & Z AGENDA
1
02127/90
P & Z AGENDA
2
0U2719O
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WHO MUST FILE FORM 88
This rOrlll i~ for use hy nil)' persoll serving at the (011111)', city, or uthcr locnl1cn'l of govcntfllCllI 011 all appoinlcd 01 clecled bonnl,
cO\Jl1cil, cOIl\lnis~iol1, nulhoiily, or cOllllllitlec. 11 applies equally to memhers of advisory nm' nOIl-ml"isory hodies who mc prcsented
wilh C1 \'oting cOllflict of interest \J1ldcr Sectiofl 112.JltiJ. Flor ida Sttltlltt'S. Thc lequiremCllts of this law ,He mandatory; although
Ihe use or this pnrlklllar f011ll is 1I0( rcquired by I a\\'. you nre clH:oUlaged to use it ill making the disc\osl/Ic requircd by In\\'.
)our respomibilirics undcr thc lil\\' \\'hell faccd wilh H IlIcastlrc in \\ hieh rOil h;I\'(' a conflict of illtrrcsl will vmy Rfenlly dcpcnding
011 whethcr you hold all eleclive or appointivc positioll. 1701 thi~ rcason, plcClSC p:1)' closc attcntioll 10 the instruclions on this form
before cOlllplctillg the re\'ef~e side nntl filing thc fOllll.
. INSTRU CTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
';".,...,[CTI-:I) OFFI(J~RS:
A pc rSOI1 holding c1~(1 i\'c C(llllll Y. 111\111 icipal. 01 olhcr loral puhlic 011 ire fvl US r A US IA IN frOI11 voting 011 il Il1CilSl1I e which ill\lrc~
to his spt:dClI pri\'ale gilill. Each IOCill olficer also is Plohibited 11011\ knowingly \(lIing Of\ a measurc which inures 10 the special
gain of a principal (other 111<1n il gO\Ctl1l11cnt agcncy) b)' whol11 he is rctaim:d.
III either t'<ISC, )'OU shollld disclosc Ihc COI1f1iel:
PRIOR TO filE VOlE BEING -IA,a:N by publicly stiltillg to Ihc assembly the nature 01 YOUl intclest in the measlIre 011
which YOll alc abslnilling frolll \Oolillg; alld
\\' ITH IN 15 Dt\ YS ^FTER TI (E VOTE OCCU HS by COrllJl1c1 illg tlml filillg I his rOl/ll wit h the pelson responsible for rccoldillg
Ihe lIIi illites 01 Ihe lIleet ing, \\'ho should inco! paratc tlte fOll1\ in I he /IIin\ltes.
AJ1I-0INTEU OFFICEHS:
^ per50il holding nppoilllivc COllllI)', 1l1\Jl1icipill, or ollter local Jlublic orrice MUsr ^UST^JI" from vOling 011 a mC<lS\1IC which
inures 10 his spccial priva(c gilin. Each loenl ortieel also is prohibiled frOIll kllo\\'inl~ly vOling 011 a mcasure which inures 10 the
special gain of a Jjrillcipal (oll1el I hall a go\'crl1lllclIl ngcllcy) by \\'hol11 he is relilillcd.
A person holding .m appoint ivc loc-al office oll1cr wise may Pilltidpalc in ;1 maIler in which he ha~ C1 conllict of illterc~l, but 111\1~1
disclme (he Ilal \lIe 01 t he COil f1iet bdore lIlak illg allY allcl11pl to ill f1l1cllcC the decisioll by oral or wrillen cOl11munication, whet her
made by lite ornecr or at his'"direclioll.
IF rou INTEND TO 1\1f\.KE ANY Ar-TEt'dI'T TO INFLUENCE TilE l)ECISIOI~ PRIOR TO TilE f'o,IEETINCi 1\1' WIIICII
TJ-IE VOTE WILL UE T^KEN:
., . YO\l ~hould cOlnplclc Cllld rile Ihis f01111 (brlore l11ilking illlY illtcllIpl to inlluence the d~dsioll) with the pClson rcsponsible lor
~~).; _ccordillg Ihe Illinutes or lhe Illeclillg. who will inCOlp(1ral~ the IOllll ill Ihe l11inules.
· A copy or the form should be Plovided imlllCllialcly to the other members of the agcncy.
The IOlln should be IC:JO publicly iltlhe Illeet ing pI iOI to consideration or Ihe mailer in which yO\! have a conniet of inlerest.
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IF YOU NAKE NO AT'rEMI'T TO INFLUENCE TilE l)ECISI~N EXCEl'r BY DISCUSSION ^r TilE ~'EETING:
. You shuuld disclose orally Ihe IlHtlllC of your cOllfJicl ill the l1Ien~ure helorc parlidp~llil1g.
, . You ShO\llcl c0111plcIC the forl11 :lull file il wil hill 15 c.Jn)'!i nfler lhe vole OCClHS with lhe person responsible for recording tlte minutes
or the 1I1CClislg, who should im:orponlle the: form III 1~IC minutes.
DISClosune OF lOC^L OFFICER'S INTEREST
M~r)"JIt,)?'J .")k._, h"ell)' di,c1ose Ihal 011 _~'~'7?J
(3) ^ "'l'nsure came or will come bdole Ill}' a~Cl1CY which (ched olle)
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'i __ il\\IIeo to my ~pcciC\1 priV<llc gain; or ,
.JL::i11111ed III the 'peclal ~ain or _.-./!~i::p ~~~~~
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I \w WhO'.11 I am retained.
1 he II1CIlSUIC bclOlc lilY ;lgCIlq' alld the \lature or my iUlceesl ill lhe mc.\sUlC is as follows:
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onCE: UNDER PROVISIONS OF FLORII)^ STAI"LI'IES ~112.JI7 (1985), ^ fAILURE TC M^KE ANY REQUIRED
)ISCLOSURE CONSTITUTES GROUNDS FOR ANO MA Y UE PUI\lISIIED BY ONE OR f\IO!~EOr THE FOLLOWING:
l\lPEACIIl\IENT, REMOVAL OR SUSPENSION FHot\'1 or-FleE OR E~IPLOYMENT, LJEMOTION. REDUCTION IN
1':1' . \1~Yt REPRII\'AND, OJ~ ^ CIVIL PENALTY NOT TO EXCEED $5,000. :
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MINUTES
PLANNING & ZONING BOARD
l'UESDA Y, FEBRUARY 27, 1990 - 1:30 PM
('It.",
Members Present:
Also Present:
Chairman Johnson, Ms. Nixon, Messrs Mazur, Sch.wob, Ferrell, Green and Hamilton
J alD.cs M. Polatty, Jr., Director of Planning and Development
John D. Richter, Development Code Administrator
A. Motion was made by Mr. Hamilton, seconded by Ms. Nixon, to approve the minutes of the February 13,
1990 meeting as writtcn. Motion carried unanimously (7 to 0).
Chairman Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by
a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in
which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of
this Board to have a record of tlle proceedings to support the appeal.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN TH;.o,'iT ORDER.
B. Conditional Uses:
1. M&B 32.05, Sec. 13-29-15
(505 Virginia Lane)
William and HOJle Georgilas
CU 90-13
Request - 1. Indoor storage and/or warehousing
2. Auto parts wholesaling! distributing
Zoned - CG (General Commercial)
\,'~.
Mr, Richter gave the background of the case and submitted, in writing, the staff recommendation.
Mr. William Gcorgilas, the apjlli<:ant, stated it is his intention to move his existin.g auto parts distribution business
to the above location. In response to a question by the Board, Mr. Georgilas stated there will be no repair work
done, just auto parts distribution.
No persons appeared in support of or in opposition to the above request.
A motion was made by Mr. Hamilton and seconded by Mr. Ferrell to approve the above request subject to the
following conditions: 1) All City development codes shall be adhered to in the development of this property
for the proposed use, inc1udiDg parking, loading and landscaping standards; 2) No deliveries to the property
shall be permitted between th.e hours of 7:00 PM and 7:00 AM, Monday througb Saturday; no Sunday deliveries
shall be permitted; 3) An ()ccupationallicense must be procured within six (6) months; and 4) Address
number must be displayed on the building as required by Code. Motion carried unanimously (7 to 0).
2. Lot 1 and part of Lot 2, Blk. 77,
Mandalay Sub. if5 (50 Royal Way)
Joseph F. Nicholas and Mary Grasso
(Horizon Waterfun and Charter Service)
CO 90-14
Request - To permit boat charter service
Zoned - AL/C (Aquatic Lands/Coastal)
..
(
Mr. Richter gave the background of fue case and submitted, in writing, the staff recommendation.
Mr. Nicholas Mastorides, the applicant, stated the business is a small charter service operating with a 14 ft.
boat. He has no intention to expand the service. In response to questiollS by the Board members, Mr.
Mastorides stated the maximlJlD passengers is one (1) if it is a fishing charter, two (2) if not for fishing. The
hours of business will be limited to daylight hours only.
Discussion ensued with the Board members expressing concern over the parking requirements for this use.
P & Z MINUTES
1
2/27/90
LAND USE PLAN:
FROM: None
TO: Commercial/Tourist
Facilities
Nr. Robert Grasso, stated the Surf N Sand Motel has only 15 rental rooms, and the parking is off street, paved,
striped and each. slot had a parking stop, and to reserve 2 parking spaces for the above request would not
generate any problems.
~". Nt-. Polatty advised Mr. Steve Doherty of the Planning and Development staff consulted with the Harbormaster
, and relayed that the Harbormaster has no objections to the above request.
A motion was made by Mr, Schwob and seconded by Mr. Green to approve the subject request subject to the
following conditions: 1) Two (2) of the Surf N Sand Motel parking spaces shall be designated as reserved for
the charter operation by permanent signage; 2) No vessel exceeding eighteen (18) feet in length shall be used
in the charter operation; 3) No overnight charter boat storage shall be permitted at the subject property; 4)
An occupational license must be procured within six (6) months; and 5) Parking situation be resolved by staff.
Motion carried unanimously (7 to 0).
c. Annt:nti(}D. Zo~ Land Use Plan Amendment. Land Development Code Text Amendment. and Local
planninJ! ARencv Review:
1, Central Park Resub, Fart of Tract A
(parcel A), Located at the Southeast
Intersection of Drew Street and Mercury
Avenue. (Metco Development Corp.)
A 89-26, LUP 89-21
Request - Annexation and Zoning,
RM-16 (Multiple Family
Residential)
2.
LAND USE PLAN:
FROM: None
TO: Medium Density Residential
Central Park Resub, Part of Tract A (Parcel B), Located at the Southeast Intersection of Drew Street and
Mercury Avenue. (Metco Development Corp.)
A 89-26, LUP 89-21
t...f:'
i.'}
"i~, "
Request - Annexation and Zoning, CG (General Commercial)
Mr. Polatty gave the background of the above 2 cases and submitted, in writing, the staff recommendation.
Mr. Mazur excused himself from this item, as Metco Development Corp. is ~ client of his business for other sites.
Nr. Nugent W ~ a1t(}mcy representing the applicant, stated this property is an enclave and is eligible to be
annexed into the City. The property is consistent with the surrounding uses and meets all other requirements
of the City and asked that th.e request be approved.
Mr_ Max Battle, an attorney also representing the applicant, stated in response to questions by the Board advised
there are no changes planned for the subject property as it is built up and occupied.
Motion was made by Mr. Schwob and seconded by Mr. Hamilton to approve the above requests (agenda items
C.1 and C-2). Motion carried unanimously (6 to 0)., .
Ii
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P &. Z MINUTES
2
2/27/90
LAND USE PLAN:
FROM: None
TO: CommerciaVrourist
Facilities
3. Lots 8 and 9, Blk. G, Sail's Sub. Located at the Northeast
Corner at the Intersection of South Missouri Avenue and
Belleair R.oad (Lazzara Family Partnership)
A 90-01, LUP 90.01
/,..~~.. ,
Request - Annexation and Zoning) CG (General Commercial)
Mr. Polatty gave the background of th.e case and submitted, in writing, the staff recommendation, He advised
that the applicant is in the process of obtaining a building permit from Pinellas County and that the County has
approved their site plan.
Mr. Johnson stated the applicant Vias not present. Discussion ensued as to whether or not this item should be
approved without the applicant being present to answer questions.
Motion was made by Ms. Nixon and seconded by Mr. Schwob to continue this request to the March 13, 1990
meeting. Motion carried unanimously (7 to 0).
(.,,:.
4. (Continued from February 13, 1990)
An ordinance of the City of Clearwater, Florida, relating to the
Land Development Code; amending Section 135.134, Code of Ordinances,
to allow television and radio broadcast studios as permitted uses in
the Commercial Center (CC) district.
Mr. Polatty advised this ordinance to amend the Land Development Code was due to the request for a radio
broadcast studio to locate in the ParI< Place D.R.I. Since the request Vias submitted, the radio broadcast studio
has since located elsewhere. Mr. Polatty stated that it is recGlnmended the amendment should still be pursued.
He advised the City Commission had discussed this item at their work session and is awaiting a recommendation
from this Board. Staff still recommends this amendment be approved, being a similar amendment to one passed
last year which allowed radio and television broadcast studios in General Office zoning districts.
Discussion ensued regarding Code requirements for satellite dishes and towers. Mr. Polatty advised that the
satellite dishes and broadcast antennas are addressed in the Land Development Code, Sec. 137.005. Definitions.
The Business/projessionaf office, definition states "A business conducted within an office building, not involving
the sale of merchandise. Neither shall such business involve the on-site storage of any commercial vehicles in
the conduct of the business, nor shall there be any exterior equipment or facilities (e.g. broadcasting antennas,
satellite dishes) which are not ordinarily appurtenant to office an use..." However, the definition Business selVice,
states 1I...Busmess service uses may include offices which rely upon the utilization of one or more commercial
vehicles in the conduct <Jf the business or Vlhich have exterior equipment or facilities (e.g. broadcasting antennas,
satellite dishes) which are not ordinarily appurtenant to office an use...". Therefore, satellite dishes and broadcast
antennas are not allowed in OL, OG, EC, CR-24, CR-28, or CC zoning districts.
Motion was made by Mr. Hamilton and seconded by Mr. Green to approve the above amendment to the Land
Development Code. Motion carried 6 to 1. Ms. Nixon voted "nay" as she felt the word "studio" should be
changed to lIofficell to prevent confusion.
E, Chairman's ItelnS - Mr. Johnson stated he enjoyed the farewell luncheon for :Mr. Green and expressed
he will be missed.
F. Director's Items . None
G. Board & Staff Comments
Discussion resumed regarding the requirement of the applicant to be present for anneJCation, zoning and Land
Use Plan amendment requests. Motion was made by Mr. Mazur and seconded by Mr, Schwob to reaffirm the
policy of this Board that for any item other than the annexation of a single family lot, that the applicant and/or
representative/spokesperson shaU be required to be present at the meeting. Motion carried unanimously (7 to
\ 0).
,.....-
P & Z MINUTES
3
2/27/90
N\. ~
olatty, Jr., AICP, Director
d Development Department
Pi""
(~
Mr. Mazur commented in regard to item B-2, the two people who appeared today were not listed anywhere on
the application. The conditional use application should provide a space that specificallyrequ.ires Name/Address
()f Applicant and/or Applicant's Representative. Mr, Hamilton felt this could be handled by staff.
Discussion ensued regarding the Maguire hearing officer case. Ms. Nixon commented she felt in the
recommendation section of the written staff reports, the wording should be ...staff recommends approval as it
appears to be compatible... rather than m., to leave an opening for the purpose of the case going before a hearing
officer for appeal, Mr. Polatty advised that this could be easily handled by stating specific reasons when making
motions.
Mr. Green expressed it has been his pleasure to serve on this Board and has enjoyed working with staff and the
Board members for the past 7 years.
H. WORKSHOP - Alcoholic Beverage Sales - Mr. Polatty advised staff has no further information at this
time.
Meeting adjourned 3:05 p.m.
. (".';".'.
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P &. Z MINUTES
4
2/27/90