04/14/1992 (2)I
ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, APRIL 14, 1992 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
A. APPROVAL. OF M114UTES
Approved (motion by Mr. Carassas, second by Mr. Savagel minutes of March 17, 1992 with one
correction. Motion carried unanirrrousty (& to 0).
CONDITIONAL. USES. ANNEXATtON? ZONING t11? Nf? USA PLAN AMENDMENTS. LAND
DEVELOPMENT ODE TEXT AMENDMENT ND LOCAL CLANKING 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 Hearing Notice each item as it is presented.
2. The staff report and pertinent background information are presented. - 5 minutes maximum.
3. Stall presents any supporting written documents.
4. Staff presents any opposing written documents.
51 The applicant or his representative presents his case. - 5 minutes maximum.
6. Persons who support the application speak - 3 minutes maximum for cacti individual;
or spokesperson for group - 10 minutes maximum.
7. Persons who oppose the application speak - 3 minutes maximum for each individual; or
spokesperson for group - 10 minutes maxirnurn.
B. Persons supporting the application lother 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 HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. REQUESTS FOR EXTENSION, DEFE1111ED AND CONTINUED ITEMS:
1. Request for Extension (second extension request, first extension request was for 6 Inonths, original
request was for 6 months granted 21191911, Lots 118 and 119. Lloyd-White-Skinner Sub. (348
Coronado Dr.1 Robert E. Malke (Rose Garden Restaurantl CU 91-18
Request - To permit on premise consumption of beer and wine
Zoned - CR-28 (Resort Commercial)
Approved (motiorh by Mr. Carossas, second by Mr. Savage) subject to the /allowing conditions: 11
A building permit shall be procured within GO days (rou) the date of this public hearing, and 21
The requisite certificate of occupancy and occupational license shall be obtained within eight (81
months from the date of this public hearing. Motion carried unanimously 16 to 0),
2. Request for Extension Ifirst extension (e(Iuest, original request was for 6 months granted 10101191),
Lots 63 thru 66, 113 tilru 117, and part of Lot 112, Lloyd-White Skinner Sub, 1325 S. Gulfview
Boulevard) Clara and Dorothy 8oldog (Arnericana Gulf Motels Ltd.), CU 91-69
Request - To permit art-premise consumption and package sales of beer, wine arid liquor
Zoned - CR 28 (Resort Commercial)
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04.14.92
{
1 Continued (rnotlon Mr, Carassas, second Mr. Bickerstaffe) the above request to the meeting of
April 21, 1992. Motion carried unanimously (6 to 0).
3. Continued Item, Lots 17.27, Bik 2, Lake Belleview Add, located on the south side of Lakeview Rd
between the Seaboard Coastline Railroad and the S Myrtle Ave Intersection (Gerald 5. Rehm do Assoc,
j? Inc) Z 90.09
I l . ?? J
Request • Amendment to the zoning Atlas
ZONING-
FROM: CH (Neighborhood Commercial)
TO: IPD (Industrial Planned Development)
NOTE: Public Hearing on this item has been cancelled.
Tabled (motion Mr. Savage, second Mr. Merriam) the above request. Motion carried unanimously
16 to Ol.
C. CONDITIONAL US9S:
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT
AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. Lot 22 and part of Lot 23, Clwr Manor, 1750 W. Manor Avenue, (Joseph N. & Dorothy L. Brown) A 91-
08: LUP 91-09
Request • Annexation, Land Use Plan and Zoning Atlas amendments
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
ZONING:
RS 8 (Single Family Residential)
Recommended approval (motion by Mr. Carassas, second by Mr. Merriami to the City
Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential,
and Zoning Atlas Anyendinent to RS-8 as they appear to be supported by the Standards for
Approval of Land Development Code Section 132.005, 137.015(0), and 137.016101.
LAND DEVELOPMENT CODE TEXT AMENDMENTS:
2. Ordinance No, 5194.92, amending Sections 1356,135 and 135.025, Code M Ordinances, to allow
veterinary offices and animal grooming and/or boarding facilities as conditional uses in the commercial
center zoning district, and to establish supplementary standards for such conditional uses; providing an
effective date. (LDCA 92-01)
Recommended to the Commission that they approve (rnotion by Mr. Carassas, second by Mr.
Bickarstaffe) above Land Development Code Arnendrnent with Sec. 136.025 (281b. changed to
read: "There shall be no overnight boarding of animals unless deferrnined by the planning and
Zoning board that such boarding facilities are sufficiently soundproofed, air conditioned and are
made available only to anlrnals requiring veterinary treatment. " Motion carried unanimously (6 to
al.
Ordinance No. 5189.92, amending Sections 135.011, 135.017, 135.023, 135.029, 135.035,
135.036, 135.037, 135.043, 135.044 and 135.045, Code at Ordinances, to increase the maximum
height for structures in all single fancily zoning districts and the multiple family "eight" and "twelve"
zoning districts; providing an effective date, (LDCA 92-02)
Recommended to fire Co?nntisslon that they approve fmotion by Mr. Carassas, second by Mr.
Savage) above Land Development Code Amendment. Motion carried unanimously 16 to 01.
4. Ordinance No. 5190.92, arnending Sections 135.086 and 135.092, Code of Ordinances, allowing art
galleries/studios as a conditional use in limited office and general otlice zoning districts; amending
Sections 135.104, 135.110, 135.115, 135.122, 135.128, 134.134, and 135.141, Code of
P & Z ACTION AGENDA 2 04.14.92
Ordinances, allowing art galleries/studios as a permitted use in the beach commercial, resort corrrtnercial
"twenty-four," resort commercial "twenty-eight," general commercial, highway commercial, commercial
center and urban center districts; amending Section 136.025. Code of Ordinances, to establish
supplementary conditional use standards for art gallerieststudios; amending Section 137.005, Code of
Ordinances, to define "art gallery/studio,," providing an effective date. (LDCA 92-031
Recommended to the Commission that they approve (motion by Mr. Savage, second by Mr.
Carossasl above land Development Code Amendment with the revised definition of
art/gallery/studio in Section 137.005. Definitions which reads: "Art gallery/studios: B room or
building occttwicd_bv a business4 excluding one licensed as a home_occunation, and devoted to
the exhibition of works of art, the sale of works of art on exhibition, or the work place of a
painter, sculptor, photographer; or other artist producing physical works of art. Art instruction
may be conducted In an art gallery/studio as an accessory use but not as the principal use of the
facility. " Motion carried unanimously (6 to 0).
5. Ordinance No. 5191-92, amending Sections 135.110 and 135.116, Code of Ordinances, to provide for
use restrictions for the indoor retail sales, personal services, restaurant, and indoor commercial
recreation/entertainment permitted uses in the resort commercial "twenty-four" and "twenty-eight"
districts; providing an effective date. (LDCA 92-04)
Recommended to ilia Commission that they approve (motion by Mr. Bickerstaffe, second by Mr.
Merriam) above Land Development Code Amendment. Motion carried 5 to 1 with Mr. Carassas
voting nay.
6. Ordinance No. 5192-92, amending Section 137.029, Code of Ordinances, to provide that certain land
use applications may riot be filed if a similar application relating to any part of the same property was
denied within certain specified time limits; providing an effective date. (LDCA 92-05)
Continued (motion by Mr. Carassas, second by Mr. Bickerstaffe) above amendment to the
meeting of April 21, 1992. Motion carried unanimously 16 to 0).
7. Ordinance No. 5193.92, amending Section 136.008, Code of Ordinances, to provide for specific floor
area standards for certain classes of accessory uses, and to classify an individual dwelling unit attached
to a hotel/motel office as an accessory use; providing an effective date. (LDCA 92-06)
Recommended to the Commission that they approve (motion by Mr. Bickerstaffe, second by Ms.
Martial the above amendment with warding added as follows and underlined to Sec./ 136.008.
Accessory uses. (5) to read as follows: *The accessory use, gr uses, if otherwise allowed as a
separate permitted or conditional use in the zoning district, shall not umula iv 1 exceed five (51
per cent of the gross floor area of ilia principal use, otherwise, the mixed use formula of Section
135.1871d) shall be applied in determining allowable floor area ratios and densities. In addition,
the parking requirements for such principal and accessory uses shall be calculated independently
and shall be cumulative. However, one individual dwelling unit, serving one single family, that is
attached directly to floe office of a hotel/motel use and accessed primarily through said office,
shall 7o be considered an accessory use and shall not be subject to ilia density limitations or
mixed use requirements of the zoning district, provided that the off-street parking requirement for
the dwelling unit shall be met." Motion carried (5 to 1) with Mr. Carassas voting nay.
E. CIIAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
G. BOARD AND STAFF COMMENTS
P & Z ACTION AGENDA
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04-14-92
elf
MINUM, 1 I?
PLANNING & ZONING BOARD MEETING
TUESDAY, APRIL 14, 1992 - 1:30 PM
' MAY 13 1992
PLEDGE OF ALLEGIANCE `
INVOCATION ?" f, :. .?I• )??wr..: f' f
Members Present: Chairman Mazur, Hickerstaffe, Carassas, Merriam, Martin and Savage.- w -
Members Excused: Mr. Hamilton
Also present: Scott Shuford, Planning Manager
James J. Polatty, Jr., Director Planning & Development
Sandra Glatthorn, Senior Planner
Pat Fernandez, Recording Secretary
Chairperson Mazur 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.
ITEM
A. APPROVAL OF MINUTES
Approved (motion by Mr. Carassas, second by Mr. Savagel m/nutes of March 17, 1992 with one
correction. Motion carried unanimously 1`6 to 01.
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
'? 1. Request for Extension (second extension request, first extension request was for 6 months, original request
\ was for 6 months granted 2119191), Lots 118 and 119, Lloyd-White-Skinner Sub. (348 Coronado Dr.)
Robert E. Malke (Rose Garden Restaurant) Cu 91-18
Request - To permit on premise consumption of beer and wine
Zoned - CR-28 Iftesort Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Applicant's representative, Georne Gseer, 604Cleveland Street, Suite 685, stated the applicant was caught
in a down economy and the plans are not yet to the point where they can be approved. The extension will
coincide with the variance conditions granted by DCAB for the number of restaurant seats.
Erg r n: None
Approved (motion by Mr. Carassas, second by Mr. Savagel subject to the following conditions: 1)
A building permit shall be procured within 60 days from the date of this public hearing; and 21 The
requisite certificate of occupancy and occupational license shall be obtained within eight (81 months
from the date of this public hearing. Motion carried unanimously 16 to 0).
2. Request for Extension (first extension request, original request was for 6 months granted 10101191), Lots
63 thru 66, 113 thru 117, and part of Lot 112, Lloyd-White Skinner Sub, (325 S. Gulfview Boulevardl Clara
and Dorothy Boldog (Americana Gulf Motels Ltd.), CU 91-69
Request - To permit on-promise consumption and package sales of beer, wine and liquor
Zoned - CH 28 (Resort Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Board
policy does not require the applicant to be present at the first request for extension.
The Board advised plans would be useful in considering extensions. Mr.Shuford believes they have been
P & Z MINUTES
04-14-92
submitted to the City but no permit has been granted as yet.
Continued (mutlon Mr, Carassas, second Mr. Sickerstaffe) the above request (o the meeting of April
r 21, 1992. Motion carried unanimously 16 to 0J.
3. Continued Item, Lots 17-27, Blk 2, Lake Belleview Add, located on the south side of Lakeview Rd between
the Seaboard Coastline Railroad and the S Myrtle Ave Intersection (Gerald S. Rehm & Assoc, Inc) Z 90.09
Request - Amendment to the Zoning Atlas
ZONING
FROM: CH (Neighborhood Commercial)
TO: IPD (industrial Planned Development)
NOTE: Public Hearing on tills item has been canceled.
Mr. Shuford is not aware of when the applicant will submit a site plan and suggested it be tabled. This
allows It be reconsidered whenever the applicant Is ready. It will have to be readvertised.
Pro or Con: None
Tabled (motion Mr. Savage second Mr. Merriam) the above request. Motion carried unanimously
(6 to 0).
C. CONDMONAL USES:
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT. LAND DEVELOPMENT CODE TEXT AMENDMENT,
AND LOCAL PLANNING AGENCY REVIEW:
1. Lot 22 and part of Lot 23, Clwr Manor, 1750 W. Manor Avenue, iJoseph N. & Dorothy L. Brown) A 91-08:
LUP 91-09
Request - Annexation, Land Use Plan and Zoning Atlas amendments
' LAND USE PLAN:
FROM, Unclassified
TO: Low Density Residential
ZONING:
RS 8 (Single Family Residential)
Mr. Shuford gave the background of the case and submitted, In writing, the staff recommendation.
Pro or Con: None
Recommended approval (motlon by Mr. Carassas, second by Mr. Merriam) to the City Commission
of the proposed Annexation, Land Use PlanAmendment to Low Density Res1dential, and Zoning Atlas
Amendment to RS-8 as they appear to be supported by the Standards for Approval of Land
Development Code Section 132.005, 137.015(e), and 137.016(e).
LAND DEVELOPMENT CODE TEXT AMENDMENTS:
Mr. Shuford gave the background of each of the below amendments Items D.2 through D.7. Board
discussion ensued on each item.
2. Ordinance No. 5194.92, amending Sections 1356.135 and 136.025, Code of Ordinances, to allow
veterinary offices and animal grooming and/or boarding facilities as conditional uses In the commercial
center zoning district, and to establish supplementary standards for such conditional uses; providing an
effective date. (LDCA 92-01)
,• PrQ-gr Con: None
4f
Recommended to the Commission that they approve (motion by Mr. Carassas, second by Mr.
P & Z MINUTES 2 04-14-92
Blckerstaffel above Land Development Code Amendment with Sec. 136.025 (2816. changed to read:
"There shall be no overnight boarding of animals unless determined by the tanning and zoaing board
that such boarding facilities are sufficiently soundproofed, air conditioned and are made available only
to animals requiring veterinary treatment. " Motion carried unanimously 16 to 0).
C'
3. Ordinance No. 5189-92, amending Sections 135.011, 135.017, 135.023, 135.029, 135.035, 135.036,
135.037, 135.043, 135.044 and 135.045, Code of Ordinances, to increase the maximum height for
structures In all single family zoning districts and the multiple family "eight" and "twelve" zoning districts;
providing an effective date. ILDCA 92-02)
Pro or Con: None
Recommended to the Commission that they approve (motion by Mr. Carassas, second by Mr.
Savage) above Land Development Code Amendment. Motion carried unanimously ( 6 to 01.
4. Ordinance No. 5190-92, amending Sections 135.066 and 135.092, Code of Ordinances, allowing art
galleries/studios as a conditional use In limited office and general office zoning districts; amending Sections
135.104, 135.1 10, 135.1 16, 135.122, 135.128, 134.134, and 135.141, Code of Ordinances, allowing
art galleries/studios as a permitted use in the beach commercial, resort commercial "twenty-four," resort
commercial "twenty-eight," general commerclal, highway commercial, commercial center and urban center
districts; amending Section 136.025, Code of Ordinances, to establish supplementary conditional use
standards for art galleriesistudios; amending Section 137.005, Code of Ordinances, to define "art
gallery/studio;" providing an effective date. (LDCA 92-03)
Pro or Con: None
Recommended to the Commission that they approve (motion by Mr. Savage, second by Mr.
Carassasl above Land Development Code Amendment with the revised definition of art/gallery/studio
in Section 137.005. Definitions which reads: "Art gallery/studios: A room or building occfr len d by
a business, excluding one licensed am a home occupation, and devoted to ilia exhibition of works of
art, the sale of works of art on exhibition, or the work place of a painter, sculptor, photographer, or
- other artist producing physical works of art. Art instruction maybe conducted in an art gallery/studio
as an accessory use but not as the principal use of the facility." Motion carried unanimously f6 to
01
5. Ordinance No. 5191-92, amending Sections 135.110 and 135.1 16, Code of Ordinances, to provide for use
restrictions lot the indoor retail sales, personal services, restaurant, and indoor commercial
recreationlantertainment permitted uses in the resort commercial "twenty-four" and "twenty-eight" districts;
providing an effective date. {LDCA 92.041
The Board had some discussion on the amount of floor area being converted and it bring fair to the small
hotel owner.
Pro or Cen: None
Recommended to the Commission that they approve (matron by Mr. Bickerstaffe, second by Mr.
Merriam) above Land Development Code Amendment. Motion carried 5 to 1 with Mr. Carassas
voting nay.
6. Ordinance No. 5192-92, amending Section 137.029, Code of Ordinances, to provide that certain land use
applications may not be filed if a similar application relating to any part of the same property was denied
within certain specified time limits; providing an effective date. ILDCA 92-05)
Board members expressed concern over how to clarify what is meant by denial and the problems that could
be created by the necessity in some instances of two applications for the sarno case. An example was an
application involving a land use change. It was felt language clarification was needed.
pro or Con: None
Continued (motion by Mr. Carassas, second by Mr. Bickerstaffe) above amendment to ilia meeting
of April 21, 1992. Motion carried unanimously (6 to 0).
a
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04-14-92
7. Ordinance No, 5193.92, amending Section 136.008, Code of Ordinances, to provide for sprcific floor area
standards tot certain classes of accessoty uses, and to classify an individual dwelling unit attached to a
hotel/motel office as an accessary use; providing an effective date. ILDCA 92-06)
?91
Pro or Con: None
Board discussion centered on whether the use was cumulative and also on densities. A Board member
inquired as to the evacuation capability at the Beach when the Board increases densities. Some disagreed
that the manager's office should not be considered an accessory use.
Recommended to the Commission that they approve (motion by Mr. Bickerstaffe, second by Ms.
Martini the above amendment with wording added as follows and underlined to Sec./ 138.008.
Accessory uses, (51 to read as follows: "Tire accessory use, or use if otherwise allowed as a
separate permitted or conditional use in the zoning district, shall not gumulativelt, exceed five (5)
per cent of the gross lloor area of the principal use, otherwise, the mixed use formula of Section
135.187[d) shall be applied in determining allowable floor area ratios and densities. In addilion, the
parking requirements for such principal and accessory uses shall be calculated Independently and
shall be cumulative. However, on individual dwelling unit, serving one single family, that is attached
directly to the office of a hotethnotel use and accessed primarily through said office, shall `rg( be
considered an accessory use and shall not be subject to the density limitations or mixed use
requirements of the zoning district, provided that the off-street parking requirement for the dwelling
unit shall be met. " Motion carried 15 to 11 with Mr. Carassas voting nay.
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
Sandy Glatthorn updated members on the consistency program. The Board noted that many of these
changes appear to be a change in phraseology. Mr. Polatty advised some property owners were losing
property rights in this with downzoning. Staff will try to advise the Board of those cases were owners lose
rights.
f' ,t G. BOARD AND STAFF COMMENTS
Chairman Mazur welcomed new Board member, Lois Martin.
Mr. Catassas advised of a problem on Clearwater Beach, Brightwater Drive. There is a vacant lot across
from the Blue Jay Motel which is being used for commercial parking, a boat is left there and he believes
some people sleep in cars overnight.
Mr. Shuford included in the packet a memo concerning alcoholic beverage sales and occupational license.
These new procedures should stop persons from slipping cracks. Mr. Merriam mentioned the grammar In
the portion to be given the customer was poor. He agreed to meet with Mr. Shuford to discuss this.
Mr. Merriam will not be present at the June 2, 1992 Board meeting.
The meeting was adjourned at 3:45 pm.
P & Z MINUTES,
P
Ay-
ames M Polatty, Jr., Director, a fining & Development
4
04-14-92