05/01/1990 (2)
ACTION
AGENDA
PLANNlNG & ZONING BOARD MEETING
TUESDAY, MAY 1, 1990 - 1:30 PM
('.
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
ACTION
A. Approval of minutes of Apri13, 1990 meeting and
April 17, 1990 workshop
CONLlrTIONAL 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
CONDrTIONAL USE REQUESTS IS GIVEN UNDER OATIl.
P & Z AGENDA
1
5/01/90
1. The Chairperson reads from the Public Hearing Notice eaCh item as it is presented.
2. The staff report and pertinent background information are presented. - 5 minutes l11aXimum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case. - 5 minutes maximum.
6. Persons who support the application speak - 3 minutes maximum for each individual;
or spokesperson for group - 10 minutes maIimum.
7. Persons who oppose the application speak - 3 minutes maximum for each individual; or
spokesperson for group - 10 minutes maximum.
8. Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
maximum.
9. Persons opposing may speak in rebuttal - 3 minutes maximum.
10. The applicant has an opportunity for final rebuttal - 5 minutes maximum.
11. Public Hearings are closed.
12. Discussion by the Board.
13. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HA VB A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. Conditional Uses:
1.
(Request for Extension)
M&B 31.01, Sec. 30-28S-16E
(2696 US 19 No.)
Mobil Oil Corp.(Mobil Service
Station #92-483) Angela Adams
CU 89-35
Approved extension of 6 months
Request M 2.APS (Package Salcs of
Alcoholic Beverages)
Zoned - CH (Highway Commercial)
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2.
51lsland Way Condominium
(51 Island Way)
Harold R. Decker
CU 9()..25
Request. For marina expansion to allow
additional finger picr
Zoned. RM.28 (Multiple FnmUy
Residential)
3.
Island View Condominium
(241 Skiff Pt.)
James E. Daughtry
CU 90.26
Request. To permit marinn boat lift
addition
Zoned . RM~20 (Multiple Family
Residential)
4. Lots 1.3-24, Midway Sub.
(575 Hercules Ave. So.)
Morritt Homes, Inc. (Latchkey)
CU 90-27
Request. To permit child day care
Zoned - OL (Limited Office)
5. Lots 14-161 and part of Lots 1 and 2;
Magnolia Park
(611 So. Myrtle Ave.)
John R. Bonner) Sr. and Elwood Hogan,
Jr. (Lincoln Learning Labs)
CU 90-28
Request - To permit tutoring of children
as part of counselling service (use not
specifically identified in the Code)
Zoned - OL (Limited Office)
P & Z AGENDA
ApJlfOV':d subject to the following conditions:
a) The requisite building pennit shall be
obtained within six (6) months of this public
hearing
b) Approval from. the Pincl1as County Water
and Navjgation Control Authority.
Approved subject to the following condition:
Thc requisite building permit shall be obtained
within six (6) months of this public hearing.
Approved subject to the following conditions:
a) The applic::mt shall obtain vacation approval
of the right-of-way for Central Boulevard or the
site plan shall be revised accordingly prior to
rertification of a final site plan.
b) The areas designated for interior landscaping
shall be delineated by shading or crosshatching
on the final site plan for review by the D.R.C.
c) The required loading space and location of
the sidewalks are subject to approval by the
Traffic Engineerl prior to submittal of the final
site plan for review by D.R.C.
d) Signs and fcncinglwaIls are subject to
separate review and permitting processes.
e) The requisite building permits and certificates
of occupancy shall be obtained in accordance
with the time limitations to be placed on the
certified site plan.
Approves subject to the following condition:
The requisite occupational license being
obtained within 6 months.
2
5/01/90
6.
Isle of Clearwater Condominium
(200 Dolphin Pt.)
Richard L. & Jo Ann Morine
CU 90-29
Request - To permit marina finger peir
extension
Zoned - RM-20 (Multiple Family
Residential)
C. Annexation. Zoning, Land Use Plan
Amendment.. Land Development Code Text
Amendment.. and Local PlannjD~ Mcncv
Review:
1.
Tract C, D.E. Lame Survey, Located on
the W. side of Bayview Ave., approx-
imately 400 f1. S. of Gulf-to-Bay Blvd.
Ciulla & Condino
A 90-03, LUP 90-05
Request - Annexation and Zoning, RM-8
(Multiple Family Residential)
LAND USE PLAN:
FROM: None
TO: Low Density Residential
2.
PARCEL 1
Lots 8-11. BIk. B, Scotia Hts., Located
between Highland Ave. and Braund St.,
approximately 475 ft. south of Nursery Rd.
Wilkes '
A 90-04, LUP 90-04
Request - Annexation and Zoning, OL
(Limited Office) .~
LAND USE PLAN:
FROM: None
TO: Residential/Office
PARCEL 2
Lots 46-49, Blk. B, Scotia Hts" Located
between Highland Ave. and Braund St.,
approximately 475 ft. south of Nursery Rd.
Wilkes
A 90.04, LUP 90-04
Request - Annexation and Zoning, RS-8
(Single Family Residential)
LAND USE PLAN:
FROM: None
TO: Low Density Residential
'-'"'
P & Z AGENDA
Approved subject to the fonowing condition:
The requisite building pcnnit shall be obtained
within six (6) months or this public hearing
Approved with a zoning designation of RS-6
" .
Approved
3
5/01/90
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3.
Part of LollI, Clearwater Industrial Park,
Located on the DOrth side of Calumet St,
approximately 170 ft. west of Belcher Rd.
Capel Industries, Ine.
A 90.05, LUP 90-06
Request. Annexation and Zoning, n..
(Limited Industrial)
LAND USE PLAN:
FROM: None
TO: Industrial
E. Chairman's Items
F. Director's Items
1. Discussion of Concurrency Management System
G. Board & Staff Comments
P & Z AGENDA
4
Approved
.
. "
5/01/90
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, MAY 1,1990 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
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ACfION
A. Approval of minutes of April 3, 1990 meeting and
April 17, 1990 workshop
CONDmONAL 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
CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
ll.
-,' 12.
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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 manmtlID-
Staff presents any supporting written documents.
Staff presents any opposing written documents.
The applicant or his representative presents his case. - 5 minutes maximum.
Persons who support the application speak - 3 minutcs maximum for each individualj
or spokesperson for group - 10 minutes maximum.
Persons who oppose the application speak - 3 minutes maximum for each individual; Of
spokesperson for group - 10 minutes maximum.
Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
manmum.
Persons opposing may speak in rebuttal - 3 minutcs maximum.
The applicant has an opportunity for final rebuttal - 5 minutes mllximum.
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 HA VB A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. Conditional Uses:
~".
1.
(Request for Extension)
M&B 31.01, Sec. 30-28S-16E
(2696 US 19 No.)
Mobil Oil Corp. (Mobil Service
Station #92-483) Angela Adams
CU 89-35
Request - 2-APS (Package Sales of
Alcoholic Beverages)
Zoned - CH (Highway Commercial)
2. 51 Island Way Condominium
(51 Island Way)
Harold R. Decker
CU 90-25
Request - For marina expansion to allow
additional finger pier
Zoned - RM-28 (Multiple Family
Residential)
P & Z AGENDA
1
5/0V90
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c. Annexation. Zo~ Land Use Plan
Amendment Land Development Code Text
Amendment and Local Pbnninp' Asrency
Review:
3. Island View Condominium
(241 Skiff Pt.)
James E. Daughtry
CU 90-26
r"\ Request - To permit marina boat lift
\.. addition
Zoned - RM-20 (Multiple Family
Residential)
4. Lots 13-24, Midway Sub.
(575 Hercules Ave. So.)
Morritt Homes, Inc. (Latchkey)
CU 90-27
Request - To permit child day care
Zoned - OL (Limited Office)
5. Lots 14-16, and part of Lots 1 and 2,
Magnolia Park
(611 So. Myrtle Ave.)
John R. Bonner, Sr. and Elwood Hogan,
Jr. (Lincoln Learning Labs)
CU 90-28
Request - To permit tutoring of children
as part of counselling service (use not
specifically identified in the Code)
fi,.:/';.;,. Zoned - OL (Limited Office)
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6. Isle of Cleanvater Condominium
(200 Dolphin Pt.)
Richard L. & J 0 Ann Morine
CU 90-29
Request - To permit marina finger peir
extension
Zoned - RM-20 (Multiple Family
Residential)
1. Tract C, D.E. Lame Survey, Located on
the W. side of Bayview Ave., approx-
imately 400 ft. S. of Gulf-to-Bay Blvd.
Ciulla & Condino
A 90-03, LUP 90-05
L,
Request - Annexation and Zoning, RM-8
(Multiple Family Residential)
LAND USE PLAN:
FROM: None
TO: Low Density Residential
P & Z AGENDA
2
5/01J90
:,.
2. PARCEL 1 "
Lots 8-11, Blk. B, Scotia Hts., Located
between Highland Ave. and Braund St.,
appro:ximately 475 ft. south of Nursery Rd.
r~<; Wilkes
t A 90-04, LUP 90-04
Request - Annexation and Zoning, OL
(Limited Office)
LAND USE PLAN:
FROM: None
TO: Residential/Office
PARCEL 2
Lots 46-49, Blk. B, Scotia Hts., Located
between Highland Ave. and Braund St.,
appro:ximately 475 ft. south of Nursery Rd.
Wilkes
A 90-04, LUP 90-04
Request - Annexation and Zoning, RS-8
(Single Family Residential)
,LAND USE PLAN: "
FROM: None
TO: Low Density Residential
3. Part of Lot 11, Clearwater Industrial Park,
Located on the north side of Calumet St.,
approximately 170 ft. west of Belcher Rd.
Capel Industries, Inc.
C:': A 90-05, LUP 90-06
Request - Annexation and Zoning, IL
(Limited Industrial)
LAND USE PLAN:
FROM: None
TO: Industrial
E. Chairman's Items
F. Director's Items
1. Discussion of Concurrency Management System ,
I:
G. Eoard & Staff Comments I
I.
L/
P & Z AGENDA
3
5/01/90
MINU'TES
PLANNING & ZONING BOARD
TUESDAY, MAY 1,1990
~.\!\.
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Members Present:
Chairman Johnson, Ms. Nixon, Messrs. Mazur, Schwob, Ferrell, Gans
Members Excused:
Mr. Hamilton
Also Present:
James M. Polatty, Director of Planning and Development
Scott Shuford, Planning Manager
A. Motion was made by Mr. Schwab, seconded by Mr. Mazur, to approve the minutes of the April 3, 1990
meeting and the April 17, 1990 workshop as written. Motion carried unanimously (6 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 the proceedings to support the appeal.
ITEMS ARE USTED IN AGENDA ORDER THOUGH NOT NECESSA.RaY DISCUSSED
IN THAT ORDER.
1. (Request for Extension)
M&B 31.01, Sec. 30-28S-16E
(2696 US 19 No.)
Mobil Oil Corp. (Mobil Service
Station #92-483) Angela Adams
CU 89-35
l'
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Request - 2-APS (Package Sales of
Alcoholic Beverages)
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Angela Adams, 540 4th Street North, St. Petersburg, applicanfs attorney, stated Mobil Oil plans to rebuild on
this site, and have received approval for a conditional use for 2 APS alcoholic beverage license. The problem
is that as a condition of approval, the building permit \vas to be procured within six (6) months. Due to an
internal conflict regarding the portion of the site that is to be condemned, FloridaD.O.T.'s approval has been
delayed. Ms. Adams stated that a trial is scheduled for July regarding the condemnation, and expects the matter
to be resolved prior to the trial date. In response to a question by the Board, Ms. Adams stated Mobil is aware
that there will be an over-pass constructed at the subject location.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Mazur to approve the request for extension for six
months. Motion carried 5 to 1, with Ms. Nixon voting "nay" due to the traffic impact.
2. 51 Island Way Condominium
(51 Island Way)
Harold R. Decker
CU 90-25
Zoned - RM-28 (Multiple Family
Residential)
Request - For marina expansion to allow additional finger pier
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
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Harold Decker, 51 Island Way, applicant, stated an application has been filed and permits issued for the tie
poles and approval is needed for the finger pier. The existing pier is a step below the existing dock, and the
proposal is to slightly widen the existing finger pier and to bring it up to the.}evel of the dock. Mr. Decker added
that this will provide a safer way of getting on and off boats.
P & Z MINUTES
1
05/01190
Zoned - OL (Limited Office)
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob and seconded by Mr. Ferrell to approve the above request subject to the
l!t~iA' ... following conditions: 1) The requisite building permit shall be obtained within six (6) months of this publie
f hearing; and 2) Approval shall be granted from the Pinellas County Water and Navigation Control Authority.
Motion carried unanimously (6 to 0).
3. Island View Condominium
(241 Skiff Pt.)
James E. Daughtry
CU 90-26
Request - To permit marina boat lift addition
Zoned - RM-20 (Multiple Family
Residential)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Michael Murphy, TlO Island Way #204:. applicanes representative, stated dock has been repaired, and that the
Harbormaster and City Engineering Department has approved the request. In response to a question by the
Board, Mr. Murphy stated the capacity of the boat lift is 10,000 pounds. Mr. Murphy questioned the necessity
of the conditional use process in cases such as this. In response, the Board replied this process provides a public
hearing enabling anyone adversely affected to have the opportunity to express their opposition.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwab, seconded by Ms. Nixon, to approve the above request subject to the requisite
building permit shall be obtained within six (6) months of this public hearing. Motion carried unanimously (6
to 0).
4.
Lots 13-24, Midway Sub.
(575 Hercules Ave, So.)
Morritt Homes, Inc. (Latchkey)
CU 90-27
.,
,.
Request - To permit child day care
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Patty Stough, 1421 CourtStrect, applicant's representative, stated that staff had presented their case appropriately
and added that in submittal of the site plan for review by the D.R.C. the site has been divided into two phases
so that the building of the Latchkey Building would not be contingent to the vacation of Turner Street, in the
event the vacation of Turner Street does not go through, it will then impact the office which is Phase 2 of the
project. The Latchkey Building will not be affected by the vacation not going through.
Linda Morlock, 280 Bailey StrCC4 Safety Harbor, Executive Director of Latchkey Services for Children, stated
Latch.key is a non-profit organization and are currently operating 27 before and after school care and 6 preschool
centers in Pinellas County, currently serving children ages 2 through 5. The intent of this facility is to provide
services for infants primarily for children of adolescent parents and expect a number of clients to be Clearwater
High School students. In response to questions by the Board, Ms. Morlock stated the high school dismissal time
(2:30 p.m.) will not conflict with the children at the center being picked up as most parents will be arriving to
pick-up children between 5:30 p.m. and 6:00 p.m.
..
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Peter Perha~ Vice President of Monit Hom~ IDe., 550 Lakeview Drive, Palm Harbor, spoke in reference to
the construction of the 6000 sq.ft. office building on Phase 2 of the site. He explained the primary purpose for
the construction of the building is to consolidate the Armed Service Recruitment offices. They presently occupy
2300 sq.ft. in the shopping center owned by Morrit Homes, Inc. on Hercules and Gulf to Bay and have requested
4000 sq. ft. which is not available in the shopping center. In response to questions from the BoaI'd, Mr. Perhach
stated that the existing building in Phase 2 would be remodeled for retail space and that the Happy Times
Nursery will be incorporated into the Latchkey facilities, servicing an age group that Latchkey does not.
P & Z MINUTES
2
05/01/90
Zoned - RM-20 (Multiple Family
Residential)
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Gans to approve the above request subject to the
... A~- following conditions: 1) The applicant shall obtain vacation approval of the right-of-way for Central Boulevard
ff, ."1 or the site plan shall be revised accordingly prior to certification of a final site plan; 2) The areas designated
for interior landscaping shall be delineated by shading or crosshatching on the final site plan for review by the
n.R.C.; 3) The required loading space and location of the sidewalks are subject to approval by the Traffic
Engineer, prior to submittal of the final site plan for review by D.R.C.; 4) Signs and fencing/walls are subject
to separate review and permitting processesj and 5) The requisite building permits and certificates of occupancy
shall be obtained in accordance 'With the timc limitations to be placed on the certified site plan.
Motion carried unanimously (6 to 0).
5. Lots 14-16, and part of Lots 1 and 2, Magnolia Park
(611 So. Myrtle Ave.)
John R. Bonner, Sr. and Elwood Hogan, Jr. (Lincoln Learning Labs)
CU 90-28
Request - To permit tutoring of children as part of counselling service (use not specifically identified
in the Code)
Zoned - OL (Limited Office)
Mr. Shuford gave the background of the case and submitted, in writing, the staff rccommendation.
Kathryn McGhee, 5893 50th St. So-, St. Petersburg, stated Lincoln Learning Labs is a counselling and learning
center for children with learning disabilities. Since starting at the Lakeview address they have received a grant
from the National Institute of Mental Health to provided services for 180 children in Tampa and Pinellas County.
Ms. McGhee stated an additional 400 sq. ft. is needed, and a condition that parents escort children in and out
of the building is enforced, Ms. McGllee added that in 3 years of operation there have been no complaints.
No persons appeared in support of or in opposition to the above request.
i
\" Motion was made by Mr. Schwab, and seconded by Ms. Nixon to approve the above request subject to the
requisite occupational license being obtained within 6 months from the date of this public hearing. Motion
carried unanimously (6 to 0).
6. Isle of Clearwater Condominium
(200 Dolphin Pt.)
Richard L. & J 0 Ann Morine
CU 90.29
Request - To permit marina finger pier extension
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Robert Moore, 56 Baywood Drive, Safely Harbor, representing the applicant, stated there has not been any
objections from the residents, and that the Harbormaster has approved the request. In response to questions
by the Board, Mr. Moore stated the finger will be for the exclusive use of unit 402 and the extcnsion is needed
because thc finger as it exists is not large enough for the boats to get in and out.
No persons appeared in support of or in opposition to the above requcst.
Motion was made by MI. Schwob and seconded by Mr. Ferrcll, to approve thc above rcquest. Motion carried
unanimously (6 to 0).
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P & Z MINUTES
3
05/01/90
LAND USE PIAN:
FROM: None
TO: Low Density Residential
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Discussion ensued regarding the zoning designation and conditional use requirements. The Board felt the zoning
designation of RS-6 would be more appropriate with the surrounding uses and the existing use could be
"grandfathered" with the annexation.
Ralph Condino, Jr., 520 Bayview Avenoc, stated requesting annexation for obvious reasons, sewer, sanitation,
police and fire services. Mr. Comlino explained the facility is for abused and under privileged children and is
currently licensed for 15.
Motion was made by Mr. Schwob, and seconded by Ms, Nixon, to approvc the above request subject to the
following condition: the zoning designation to be RS-6 allowing the existing facility to continue under non-
conforming regulations. Motion carried unanimously (6 to 0).
...
C. Annexation. Zonin~ Land Use Plan Amendment. Land Development Code Text Amendment. and Local
PlllI1IlinJ! Aaencv Review:
t'--,
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1.
Tract C, D.E. Lame Survey,
Located on the W. side of Bayview Ave.,
approximately 400 ft. S. of Gulf-to-Bay Blvd.
Ciulla & Comiino
A 90-03, LUP 90-05
Request - Annexation and Zoning, RM-8 (Multiple Family Residential)
2.
PARCEL 1
Lots 8-11, Blk. B, Scotia Hts.) Located between Highland Ave. and Braund St., approximately 475
ft. south of Nursery Rd.
Wilkes
A 90-04, LUP 90-04
Request - Annexation and Zoning,OL (Limited Office)
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LAND USE PLAN:
FROM: None
TO: ResidentiaVOffice
PARCEL 2
Lots 46-49, Blk. B, Scotia Hts., Located between
Highland Ave. and Braund St., approximately 475 ft.
south of Nursery Rd.
Wilkes
A 90-04, LUP 90-04
Request - Annexation and Zoning, RS-8 (Single Family Residential)
..
t.
Aubrey WIlkes, 1529 Braund Street, applicant, explained he is not annexing for the purpose of obtaining sewer
services. He has requested annexation of the Wilkes Nursery property which adjoins the property on which his
home is located. He stated he has no intention to develop or sell the property and requests the same zoning as
the surrounding properties for the property where his home is located. In response to a question by the Board,
Mr. Wilkes stated his family has owned. this property for over 50 years. Mr. Wilkes stated that the shopping
center wall being constructed is extending far beyond his property line.
Mr. Shuford stated that due to new information concerning the location of shopping center wall, the staff would
recommend approval of the request as submitted by the applicant.
LAND USE PLAN:
FROM: None
TO: Low Density Residential
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
P & Z MINUTES
4
05/01/90
No persons appeared in support of or in opposition to the above request.
("":.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above requests. as submitted by
the applicant. Motion carried unanimously (6 to 0).
3. Part of Lot 11. Clearwater Industrial Park.
Located on the north side of CalUDlet St..
approximately 170 ft. west of Belcher Rd.
Capel Industries, Inc.
A 90.05, LUP 90-06
Request - Annexation and Zoning, II..
(Limited Industrial)
LAND USE PIAN:
FROM: None
TO: Industrial
Mr. Polatty gave the background of the case and submitted, in writing. the staff recommendation.
Bobby Capel, applicant, stated his company manufactures equipment for the electronics and aerospace industry.
The business is a space intense business not people intense business which currently has only 10 employees. Mr.
Capel stated that the current Clearwater Code would require 50 parking spaces, and that this type business does
not require that many parking spaces. In response to a question by the Board, Mr. Capel stated the site plan
currently shows 16 parking spaces.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Ms, Nixon to approve the above request subject to the
variance for parking being obtained, such approval to run with the current use. Motion carried unanimously (6
to 0).
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E.
Chairman.s Items
In response to a question by the Board Mr. Polatty advised that the items from the April 17, 1990 meeting had
to be deferred to May 15. 1990 in order to readvertise them.
F. Director's Items
In discussion of Concurrency Management System the Planning and Zoning Board members discussed the
following issues presented by the staff:
1. The Concurrency Management Ordinance should be referred to as the "Concurren.cy Management
(Adeq\late Public Facilities) Ordinance" to better inform the public of the purpose and intent of the
concurrency regulations.
2. The Vested Development Rights and/or Concurrency Management Ordinance should explicitly spell
out how substantial deviations to DR! development orders will be bandled with regard to
concurrency (e.g.. in accordance with State of Florida procedures).
3. The effective date of the Traffic Impact Study Ordinance should be immediately upon adoption, as
provided, since the newly-provided elCemptions may affect existing site plans. The otber ordinances
should be effective on May 31, 1990. This will provide maximum flexibility for developers whose
plans are already in the process.
4. Some time frame needs to be established for vesting determinations by the Director of Planning
and Development; a 60 day review period by the Director was suggested. This would require
prompt action by the Director on vesting determinations.
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5.
An appeal system for positive detenninations of vested rights, including the circlUllstances and time
period in which an appeal can be made, should be explicitly stated in the Vested Development
Rights Ordinance. This would provide all parties with a clear understanding of hoVl appeals could
be made, as well as providing needed limits on appeals.
P & Z MINUTES
5
05/01)90
,
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9. Amend Sec. 137.044 to add the phrase ",in and of themselves,lI after the word "owner" in line 7 of
the Section. {The Board felt that this was primarily a legal issue, and indicated its acceptance of
whatever the City Attorney deems appropriate.}
10. Amend Sec. 137.046 to: (1) Reduce Planning and Zoning Board review period to 30 days; (2)
Require waiver of recommendation if not completed in 30 days. {The Planning and Zoning Board
was strongly opposed to these proposed changes.}
11. Amend Sec. 137.047(2) to permit extension of development agreements beyond 5 years. {The Board
recommended amending the ordinance to allow extending development agreements beyond five
years, pursuant to the public hearing requirements established in state statutes.}
VESTED DEVELOPMENT RIGHTS
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6.
Amend Sec. 137.074 (a) to read: "The development is an approved development of regional impact,
and the development is not determined to be in substantial deviation with regard to any adopted
level-of-service standards established in the Comprehensive Plan." {This proposed change was
recommended by the Planning and Zoning Board as it appeared to address the development of
regional impact concern expressed in Item #2 above.}
7. All references to IIdate of adoption" should be changed to lIeffective date". {The Planning and
Zoning Board felt that since the Vested Development Rights Ordinance was recommended to go
into effect May 31, 1990, the reference should be changed.}
DEVELOPMENT AGREEMENT
8. Amend Sec. 137.043 to delete subsections 8, 10, 12, 13, 14, 15. {The Planning and Zoning Board
felt that the content of the required submissions for a development agreement should be provided
in an administrative manual, rather than by ordinance. The recommended change would be to
modify the Section to simply read: IIUpon a determination by the City Commission that it desires
to proceed with further negotiations relative to a development agreement, the property owner shall
promptly submit a development proposal for the subject property containing any information
required by the City Manager pursuant to established administrative policies for development
agreements."}
12. Amend Sec. 137.047(4) to delete requirement for conceptual site plan altogether. {The Planning
and Zoning Board was strongly opposed to deleting this requirement.}
13. Amend Sec. 137.047(11) to delete "monetary penalties" language. {The Board referred this
comment to the City Attorney.}
TRAFFIC I!\1PACf STUDY
14. Amend subsection (8)(a) to read: liThe development is an approved development of regional
impact, and tbe development is not determined to be in substantial deviation with the Traffic
Circulation Element of the Comprehensive Plan, if the development order was approved prior to
[the effective date of this ordinance]." {The Planning and Zoning Board felt that this proposed
change was appropriate, and that it helped address the issue raised in Item #2 above,}
15, Amend Sec. 137 .063( 4) (b) to read: "attempt to arrangelt rather than simply "arrange". {The Planning
and Zoning Board was strongly opposed to this proposed change because it felt that the wording
would permit clearly bogus efforts to provide required facilities to clog the system with
encumbrances. }
CONCURRENCY ORDINANCE
Meeting adjourned at 3:45 p.m.
Polatty, Jr., D~; f~ fr
nt of Planning & Development
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P & Z MINUTES
6
05/01/90