03/19/1991 (2)
, '. ,I, \ i ,~; ..' ' 't _,' , , ,.', '. I . ~', '.". ., " ~ . / " ,.+, ' : ' . I I:: " .' ~, " . ~ '.' '..:" I .', " . " ' ;'
ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, MARCH 19,1991 .1:30 PM
,....'....
r
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
A. APPROVAL OF MINUTES
1. February 5, 1991
ACTION
RECEIVED
MAR 2 0 1991
CITY CLERK
CONTINUED
CONDlTIONAL USES, ^NNEXATlON, ZONING, LAN!.) USE PLAN AMENDMENTS, LAI-lD
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. The Chairperson reads from the Public Headng Notice each item as it is presented.
2. The staff report and pertinent background information are presented.. 5 mlnutos maximum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case, - 5 minutos maximum.
6. Persons who support the application speak - 3 mlnutos mnxlmum 10r each IndIvidual;
or spokesperson for group. , 0 mInutes maximum.
7. Persons who oppose the application speak. 3 minutes maximum for each indIvidual; or
spokesperson for group - '0 minutes maximum.
8. Persons supporting the application lather 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.
l' . pubric Hearings are closed.
12. Discussion by the Board.
, 3. The Board .makes a decision.
FLORIDA STATUTE 286.01 05 STATES: ANY PERSON APPEAliNG A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
>_.
B.
REQUESTS FOR EXTENSION. DEFERRED
AND CONTINUED ITEMS:
NONE
~~
C, CONDITIONAL USES:
1.
Lots 2 and 3, Clearwater Collection First
Replat, (21820 U.S. 19 N) Clearwater
Collection Association IHomestylo Family Bullet)
CU 91.21
Approved subject to tho following conditions:
1) Tho saro of alcoholic beverages shaU be
restricted to consumption on premIses with no
package sales;
21 Tho epplicant sholl obtein tho requisite
occupatfonal Iicenso wIthin six 161 months of the
data of this public hoarlng.
Rcquest - To permit on premise consumption 01
beer and wine
2.
Zoned - CPO (Commercial Planned Developmentl
and ALlC IAquatic Lands/Coastal}
Unit 1, Island Moorings Condo (234 Dolphin Pt.l
Richard & Diane McKibben
CU 91.22
Approved subjoct to the following condltlons:
11 The applicant shall obtain requisite building
pormlt within six months of this public hearing;
21 Tho subject boat 11ft/sUp shall be used
exclusively by tho slip owner nnd shall not be
ren\ed, Icased or used by others.
RCQuest - To permit marina boat lilt
Zoned, RM.20 (Multi-Family Residential) and
Al/C {Aquatic Lands/Coastall
.~
-~,
P & Z ACTION AGENDA
: ' L'. "', . ~ f .... ,"", . ' , . ' : I', . '" ' ,.,,'. . I ' . .'. 'I. . ". _ ,.' . ,
D. LAND DEVELOPMENT CODE TEXT AMENDMENTS:
,. Ordinance No. 5090-91, amending Section
136.006, Code o~ Ordinances, relating \0
setbacks, to establish standards for free standing
. canopies projecting into certain required
setbacks, and prohibiting the projection 01 free
standing canopies over street rights 01 way;
requiring a minimum clearance over grade at at
least nine feet, rather than eight feet. lor certain
building projections aver street rights of way;
defining "free standing canopy.; providing an
effective date.
2.
Ordinance No. 5091-91, amending Section
135.187, Code of Ordinances to provide tor two
additional methods for determining lot
development of mixed uses involving residential
and other permitted uses; providing an effective
date.
3.
Ordinance No. 5092.91, amending Sections
137.019 and 137.020, Code of Ordinances. to
reduce the quorum of the Planning and Zoning
Board from five to four members, to reduce the
quorum of the Development Code Adjustment
Board from four.to three members, and to
provide for continuances when less than a
quorum Is present at a meeting of either board;
providing for two alternate members of the
Development Code Adjustment Board; providing
an effective date.
4.
Ordinance No. 5093-91, amending Section
137,016, Code of Ordinances relating to land
Use Plan amendments, to exclude from the
impact assessment requirement any land Use
Plan amendment for which a certificate of
capacity has been applied for; providing an
effective date.
5.
Ordinance No. 5094.91, amending Section
136.023, Code of Ordinances, to revise the
interior landscape standards for parking lots and
vehicular use areas containing between 4,000
and 8,000 square feet, and for parking lots and
vehicular use areas containing more than B,OOO
square feet; establishing soil treatment
requirements for all required pDrking lot
landscaping; providing an effective date.
E. CHAIRMAN'S ITEMS
F, DIRECTOR'S ITEMS
G. BOARD AND 5T AFF COMMENTS
P & Z ACTION AGENDA
Approved
Approved
Approvod'Sectlon 137.019.; Approved Section
137.020 with suggostlon that the D.C.A.B.
Increase memborshlp to seven (71 members.
Approved
.,
Approved
2'
('~
c
'...............t
MINUTES '
PLANNING & ZONING BOARD
TUESDAY, MARCH 19, 1991
(.'.....
Memhers Present:
Chairperson Schwab, Ms. Nixon, Messrs. FerreH, Johnson and Hamilton
Members ElIcused:
Mr. Mazur
Also Present:
James M. Poluuy, Director of Plnnning and Development
ScoU Shuford, Planning Manager
Doreen Feldhllus, Recording Secretllry
Pat Fernandez, Slaff Assistant II
Chairperson Schwab outlined the rr<lcedures for conditionnl uses and ndvised that anyone adversely affeded by a
decision of the Planning Rnd Zoning Board, with regllnJ to conditionlll uses, has two weeks from this date in which
to file an arpeal through the City Clerk's Office. Florida Law requires uny party appealing a decision of this Board
to hllve a record of the proceedings to support lhe lIppelll.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
NONE
c.
CONDITIONAL USES:
1.
Lots 2 and 3, CleaT\vnler Collection First Replllt, (21820 U.S. 19 N) ClenTWnler
Collection Associlltion (I1omestyle Family Buffet), CU 91-21
j
"r..........-.
Requesl - To permit an premise conslImption of h~cr Ill\U wine
Zoned. CPO (Commercinl Plnnned Development) nnd ALlC (Aquatic Lnnds/Constal)
Mr. Shuford gnve the bllckgroum.l of the cnse nnd submitteu, in writing, the stuff recommendnlion.
Mr. William Fox, 2955 Lnmlm.'lrk Way, Palm IInrlxlr, slHlke ahout their desire to serve beer nnd wine in this
restaurant. Alcoholic bevernges will hllw to he ohtaincd from II separntc area manned by personnel. A meal hilS
to be purchased before a patron Clln purchase lheir hevernge.
No persons nppcnrcd in support of or in opposition to Ihe nhove request.
Motion was Illude by Mr. Hamilton, and seconded by Mr. Perrell, to approve the nbove request Iluhject 10 the
following conditions: I) The sale of nlcoholic hc\'crngcs shall be restricted to consumption on premises with no
package sulcs; nnd 2) The IIpplit'ant shull ubtnin the relJuisite ucclJpalionllllicensc within sil> (6) months of the date
of this public hearing. Motion cnrried ununimously (5 tn 0).
2. Unit 1, Island Moorings Condo (23" Dolphin Pt.), Richard &. Diane McKibhen, CU 91-22
Requesl - To permit nlllril1U bout lift
Zoned - RM.20 (Multi-ramily Residenlial) nnd ALlC (AlIunlic Lnnus/ClIlIsln))
Mr. Shuford gave the background of the em;ll and sllhmillcd. in writing, the Slllrr recommendlltlun.
Mr. Larry Fisk, Dolphin Mnrine, 13056 Fnxton Street, applicant's rcprcscnt:llive - Mr. fisk stilled the ffarhormllstcr
und the condominium llssocilltio" hllve nppro\'cu the rcqlle~;t. 1 Ie llisc\lsscJ other companies pulling in honllifls
without permits nnd how it lIffl.'cts his business.
P & Z MINUTES
03.19-91
3.
Amending Seclions 137.019 and 137.020, Codl: of Ordinances, 10 reduce Ihe 'Iuorum of the Planning and
Zoning Bonrd fTOm five to four mcmbers, to reduce the quorum of the Devclopment Code Adjustmcnt Board
from four 10 three members, nnd 10 provide for continuances when le:>s Ihan a quorum is present at n meeting
of eilher board; providing for Iwo nllcrrtllle members of the Developmenl Code Adjuslment Board; providing
nn effective dale.
Molion WIIS IIlnde by Mr. IInmillun, ami seconded b)' Mr. Johnson, 10 npprove the nbove requesl subject to lhe
following condilions: I) The npplicanl shull ohluin reljuisile huUlling permil within !lilt monlhs of this public hearing;
nnu 2) Tlle suhject boalli fIIsllp shnll he used e."(c1usivcly hy Ihe slip owner and 5hllll not be rented, lensed or used
by others. Motion cllrried unanimously (S to 0),
r'" Discussion lhen ensued, involving Mr. Fisk, concerning how Cily codes could be modified to reduce Ihe number
of conditional use pcrmils required for this type of use.
D. LAND DEVELOPMENT COD I! TEXT AMENDMfiNTS:
Mr. Shuford reviewed each proposed amendmcnl.
1. Amending Section 136,006. Code of Ordinances, rdating 10 sethacks. 10 eslnhlish standards for free standing
canopies projccting inlo certRin rcquired SClhllCks, Rlld prohihiting the projcction of free slanding canopies
over slreet rights of WilY: requiring II minimum c1ellrance over grade of at least nine feet, rather than eight
feet, for certain building projections over slreel rights of wny; defining "free slamling cnnopyR; providing
nn effective dale.
Molion wns mnde by Mr. Johnson, ond seconded by Mr. Hnmilton, to approve the nbove request. Molion carried
unanimously (5 to 0).
2. Amending Seclion 135.187. Code of On.linllnccs 10 provide for lwo addilional methods for determining lot
development of mb;ed uses involving resiJcnlinl anJ other permiueJ uses; providing on effective dote.
MOlion was made by Mr. !'Inmihon, nnd !\ccomlcd hy Mr. ferrell, to nppro\'c the nbove request. Motion corned
unanimously (5 10 0).
""-,,
Discussion ensued wilh Ihe Bonnl members cltpressing C(lncems including lhe following~ A problem occurs only
when lhe Board is shorl one member or II memhcr declllrt:s II eonnicl under. Under Ihe proposal, four voles are
requircd for a quorum as well as for II condition:!1 Ilse to pass. An llppliclInl appearing before the Board in Ihol
inJi\lIncc could request a cOlltinuance or procccd,
MOlion was made by Ms. Nilton, IInd seconded by Mr. Ferrell, 10 appr~\'e the proposed amendments 10 Section
137.019. Motion carried unanimously (5100).
Molion was made by Ms. Ni~on, anti Jieconded by Mr. Jolll'lJion, to approve Section 137.020 with t~e suggestion
thulthc D.C.A.B. increase its membership to seven (7) mcmhers. Molion curried (4 to 1).
4. Amending Section 137,016, Code of Ordinlll1CeS rclaling 10 Lund Use Plan llmendments, 10 exclude from Ihe
hnpnct nssessment rcq\linnncnt nny Lnnu Use Plnn I1ll1endmcnt for which a certificate of capacity has been
npplied fori providing un effective dUle.
Motion WllS mude by 1\'lr. I1luuiltun, nnd sccomh:d hy (\Ir. Johnson, 10 npprove the obove requcsl with Ihe agenda
item corrected to rcnd certificute of cllpacity nne.! not ccrti f1cllle of occupancy, Molion carried unanimously (5 to
0),
5. Amcnuing Scction 136.023, eude or Ordinunces, 10 r~vjsc the inlerior I:lI1dscape slundllrds for parking lols
ami vchicuhlr Use IlrCllS containing between 4,000 IIml 8,000 squllre feet, and for parking lots and vehicular
us~ Ilrcas conlllining Illore Ihnn 8,000 Sltuare feet; cSlllhlishing slliltrelllmcnl requirements for nIl required
parking Inl landscaping; providing un cffective dule.
P & Z MINUTES
2
03-19-91
. ~ ., ~ " ., , . . I , I I " . : ~' .: ,. . : . "', . . it" .'. . ..',' ....'. . ' : I I, .." . I _ . , I . . J' . ' '
. . ,
Discus!'ilon ensued wilh the BOllnlmcmhers exprcs!'iing concerns nhout the percentnge of pnlm.q a shopping center
mllY include in their lAndscAping plan. .
r~
The Board Asked Mr. John!'ion to make his Iinnl motion us a (]ollrd member. Motion wn~ mnde by Mr. Johnson,
And seconded by Ms. Nixon, to npprove the above request. Motion cnrried unnnimously (S to 0),
Mr. John50n thcn rcquc!'ited permi!'ision to lellve the meeting now thnt IIl1agcndn items requiring Action hns been
dispensed with. Permission WIlS grnnted by the Chairnum, with nil members wishing Mr. Johnson well.
E. CHAIRMAN'S ITEMS:
Next meeting will be April 2, J991. Mr. Ferrell will be on vAcation.
G. BOARD AND STAFF COMMENTS;
Ms. Nixon provided newspaper clippings and IIsked IIbout the following: The gift of 2S live onk trees to Crest Lake
park from the Post Court Apartments. Her concern WIIS the rellson the trees were donated liS they received publicity
for the gift.
An nd for Buzz..'uds Buy Cafe, in Island ESllltes, prompted her to nsk if the restaurAnt was in Clearwater and if the
Bonrd had considered the use of nlcoholic bevernge5 lit their estuhlishment. Some members recalled it being
permitted. '
Her final item was Benchnuts Cafe, on U,S. 19 nextta Ken Marks Ford, and do they serve alcoholic bevernges~
She questioned if it WAS localed in Clcnrwnler.
The meeling adjourned At 3:00 p.m.
?
c tlllly, Jr., Director of P I tning nnd Development
.......
,
'-'
P & Z MINu'rES
3
03-19-91