06/30/1992 (2)
ACTION AGENDA
PlANNING lit ZONING BOARD MEETING
TUESDAY, JUNE 3D, 1992 - 1 :30 PM
(J/Cj (!A3'vI./
l ,':,. - '-',' -. , ,
" J..;;:;, IJ II \'VJ I'>" " \
, . '-- .. .. ..':1 '.f c; ,
I L ~U'- 0 ;~~9~' ~
Ct1.\ '...- .J
- y -.9LEAk 6i=p;
PLEDGE OF ALLEGIANCE
INVOCATION
JIfM
A. APPROVAL OF MINUTES
Motion (made by Mr. Hamilton. second by Mr. BickerstaffeJ to approve the minutes of the
meetings of June 2, 1992 and June 16, 1992. Motion carried unanimously (4 to OJ.
CONDmONAL USES, ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS. LAND
DEVB.OPMENT CODE TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDmONAl USE REOUESTS IS GIVEN UNDER OATH.
P & Z ACTION AGENDA
06-30-92
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. 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 maximum.
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 HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. REOUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. Request for extension (third extension request, second extension request was for building permit in 60
days and Certificate of Occupancy within eight months granted 4/14/92, first extension request was for
six months granted 9/17/91, original request was for six months granted 2/19/911 Lots' 18 and 119,
L1oyd-White-Skinner Sub, (348 Coronado Or.) Robert E. Malke (Rose Garden Restaurantl CU 91-18
Request - To permit on premise consumption of beer and wine
Zoned - CA-28 (Resort Commercial)
Approved (motion by Mr. Hamilton, second by Mr. MerriamJ to put the item to the end of the
meeting. Motion carried unanimously (4 to OJ. .
2. (Continued from 6/16/921 Lots 3, 4 and 1/2 vacated alley on east, J B Roberts Sub, (1253 So. Ft.
Harrison Ave.1 Morritt Homes, Inc. (City Pawn & Jewelry), CU 92-39
R,equest . To permit outdoor retail sales, displavs, andlor storage
Zoned. IL lLimited Industrial}
Approved (mot/on by Mr. Hamilton, second by Mr. Bick.ersraffe) to continue this item to the July
14, 1992 meeting. Motion carried unanimously (4 to OJ.
..." . ~:,.'I. ; r ", . ",,' , . ..'. ",'.' :,~.~ ~.. r ,.., ..; ~. I.' .
~-.
I
3.
{Continued from 6116/92t M&B 14.05. Sec. , 2.29.'5. (213' Range Roadl; John E. and Patricia A.
SadlIer (Shazam Boat Worksl
CU 92-35
Request - To permit vehicle service. and outdoor retail sales. displays, and storage
Zoned. IL (Limited Industrial)
Approved (motion by Mr. Hamilton, second by Mr. Bickerstaffel to continue this Ilem 10 tlte July
14, 1992 meeting. Motion carried unanimously (4 to 01.
4. (Continued from 6/16/92) M&B 33.04. Sec. 17-29- 16, 119995 US '9 NI. Gateway Investments Inc.
IBennett Car Sales), CU 92-33
Request - To permit outdoor retail sales, displays and lor storage; and vehicle service
Zoned - CH (Highway Commercial)
Approved (motion on CU 92-33, Parcel A, by Mr. Hamilton, second by Mr. Bickerstaffe) subject
to the fof/owlng condWons: 1} The applicant shall obtaIn certification of the site plan within one
year, and the requisIte occupatIonal license shall be obtaIned wIthIn 18 months of thIs public
hearing,' 2} The outdoor display, sales and/or storage areas shall be clearly delineated and
dimensioned on the requisite certified site plan, and clearly delineated on the site to assist In
code enforcement. Parking or display of vehicles shall be prohibited within any required open
space/yard areas or street rights-of-way; 3} There shaf/ be no door/wlndow or other openings on
the east side of the proposed repair structure, except emergency exits and non-openlng
windows. However, if opening windows on the east side are desired for ventilation, they shall
be no lower than 10 ft. from the finished floor of the structure and the ceiling and eastern wall
of the structure shall be specially insulated for sound; 4} No repairs shall occur between the
hours of 6:00 pm and 7:00 am Mondays through Saturdays and all day on Sundays; 5} The
requisite interior and perimeter landscaped areas shall be landscaped In accordance with Section
136.023 of the Land Development Code and a landscape plan shall be submitted for approval
by the Planning and Development Director and Environmental Management prior to the Issuance
of a building permit on the site; 6} There shall be no outdoor speakers: 7J All permitted vehicle
service shall be Indoors: O} All parts shall be stored Indoors; 9} Prior to Issuance of a certificate
of occupancy, a continuous opaque fencing with appropriate landscaping material shall be
installed in accordance with Section 136.023 of the Code along the eastern property fine; 10)
All lighting shall be oriented away from the residential areas,' 11} Major repairs Including engine
or transmission dismantling, painting, body, fender, muffler, and upholstery work shall be not be
permitted except in conjunction with a new car dealership; 12} There shall be no outdoor displays
and/or storage of boats; 13} There shall be no revolving displays or elevated displays of
automobiles; '41 A cross-access agreement between Parcels . A . and "8. shall be provided to
the satisfaction of the Traffic EngIneer prior to the issuance of a building permit; and 151 Permits
shall be obtaIned for any existing sign age, as needed, and all signage shall be brought into
compliance With the sign code on or before October 13, 1992. Motion carried unanimously (4
to OJ.
5. (Continued from 6/16/92) M&B 33.03, Sec. 17-29.' 6, (19995 US 19 NI. Gateway Investments Inc.
(Bennett Car Salesl. CU 92-34
Request. To permit outdoor retail sales, displays and lor storage; and vehicle service
Zoned - CH (Highway Commerciall
Approved (motion on CU 92-34, parcel 0, by Mr. Hamilton, second by Mr. Bickerstaffe) subject
to the following conditlons: 1} The applicant shall obtain certification of the site plan within one
year, and the requisite occupational license shall be obtained within 18 months of this publiC
hearing; 2J The outdDor display, sales and/or stDrage areas shall be clearly delineated and
dimensiDned Dn the requisite certified site plan, and clearly delineated on the site to assist in
code enforcement. Parking or display of vehicles shall be prohibited within any fCquired open
space/yard areas or street rig/lls-of.way; 3} There shall be no door/wlndow or other openlngs on
the east side 01 the proposed repair stfucture, except emergency exits and non-openlng
windows. However, if openIng windows on the east side are desired for ventilation, they shall
be no lower than 10 ft. from the finished floor of the stfucture and the ceiling and eastern wall
of the structure shall be specially insulated lor sound; 4J No repaIrs shall occur between the
hours of 6:00 pm and 7:00 am Mondays thrDugh Saturdays and all day on Sundays; 5/ The
requisite interior and perimeter I.lndscilped ilteas shall be landscaped in accordance with Section
136.023 of the Land Development Code <'md a landscape ploln shall be submllled (or approval
by the Planning and Development Director and Environmental M.,nagemont prior to tile issuance
of a building permit on tllo site,' 61 There shall be no outdoor speakers; 7) All permitted vehicle
service shall be indoors; 8) All parts shall be stored indoors; 9) Prior to issuance of a certificate
of occupancy, a continuous opaque lencing with appropriate landscapIng material sholl bo
installed in accordance with Section 136.023 of the Code along the eastern property line,' 101
P & Z ACTION AGENDA
2
06.30.92
~"
'-..,1
All lighting shall be oriented away from the residential areas; 111 Major repaIrs Including engine
or transmission dismantling, painting, bOdy, fender, muffler, and upholstery work shall be not be
permitted except upon obtaining the permits for a flew car dealership on ParcelB,' 12J There shall
be no outdoor displays and/or storage of boats; 131 There shall be no rellolvlng displays or
olevated displays of automobiles; 141 A cross-access agreement between Parcels -A - and -0-
shall be provided to the satisfaction of the Traffic Engineer prior to the issuance of a building
permIt; and 151 Permits shall be obtained for any existing signsge as needed and all sianaae shall
be brought into compliance with the sIgn code on or before October 13, , 992. Motion carried
unanimously (4 to 01.
C.
O.
CONOmONAl USES: None
ANNEXATlON, ZONING, LAND USE PlAN AMENDMENT, LAND DEVROPMENT CODE TEXT
AMENDMENT, AND LOCAl PlANNING AGENCY REVIEW:
lot 21, Blk. A, Douglas Manor Lake Sub (1457 Dexter Drive.) Thomas W. & Sherry L. Johnson
A 91..Q4,lUP 91-05.
1.
Request. Annexation, Land Use Plan, and Zoning Atlas Amendments
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
ZONING:
RS.6 (Single Familv Residential)
Recommended that the CII'{ Commission approve (motion by Mr. Hamilton, second by Mr.
Merriaml the proposed Annexation, Land Use Plan Amendment to Low Density Residential, and
Zoning Atlas Amendment to RS-6 as they appear to be supported by the Standards for Approval
of Land Development Code Section 132.005/annex.J, 137.015(e)fzoning}, 137.076(e)JLUPj.
Motion carried unanimously (4 to 01.
2. Part of lots 23 and 24, Suban's Sub (1843 West Drivel David H. & San L. King
A 9H)6, LUP 9H)7.
Request - Annexation, land Use Plan, and Zoning Atlas Amendments
LAND USE PLAt'>!:
FROM: Unclassified
TO: low Density Residential
ZONING:
RS-8 lSlngle Family Residentiall
Recommended that the City Commission approve (motion by Mr. Merriam, second by Mr.
Hamiltonl the proposed Annexation, Land Use Plan Amendment to Low Density Residential, and
Zoning Atlas Amendment to RS-6 as thew appear to be supported by the Standards for Approval
of Land Development Code Section 132.005(annex.J, 137.0 15(eHzonlngJ, 137.0 16(eJ/LUPJ.
Motion carried unanimously (4 to 0).
3. lot 12, Blk. C, Pine Ridge Sub (1308 Springdale Street! Willie L. & Bertha M. King
A 92.Q4, LUP 92-09.
Request - Annexation, land Use Plan, and Zoning Atlas Amendments
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
ZONING:
RS-a (Single Family Residential)
Recommended that the City Commission approve {motion by Mr. Merdam, second by Mr.
HamiltonJ the proposed Annexation, Land Use Plan Amendment to Low Density Residential. and
Zoning Atlas Amendment to RS-6 as they appear to be supported by the Standards for Approval
of Land Development Code Section 132.005{annex.J, 137.015(eJ(zoningJ, 137.016(e/fLUPj.
Motion carried unanimously (4 to 01.
P & Z ACTION AGENDA
3
06.30-92
~: ':.... l, . ~ . ~ L ~ ~.' ". ~ . . , :., ~, f . 'j - ~' :' "~., I .'. . .. ~
4.
Downtown Land Use Plan:
The City of Clearwater proposes to change the zoning and land use classifications within the shaded area
shown on the map In this advertisement and as described below. The City of Clearwater further proposes
to include the subject property in the Downtown Clearwater Community Redevelopment Area (CRA). The
City of Clearwater also proposes to change the permitted and conditional uses, parking standards. and
ether requirements associated with the Urban Center district.
r~
Zenina Chanaes. The City ef Clearwater preposes to change the zoning districts for the subiect
property from limited Industrial. Urban Center (core), General Commercial. Neighborhood
CommercIal. Resort Commercial "Twenty-four". Limited Office, Public/Semi-Public. Multiple
Family Residential "Twenty-eight". Multiple Family Residential · Sixteen". Multiple Familv
Residential "Eight'. and Open SpacefRecreation to Urban Center tBavhontl. Urban Center tCore',
Urban Center (Eastern Corridorl. and Urban Center (Transition).
Land Use Charmcli,. The City of Clearwater proposes to change the land use classification for
the subject propertv from Industrial. CommercialfTourist Facilities. Residential/Office.
Public/Semi-Public. High Density Residential. Medium Oenslty Residential. low Density
Residential, and Recreation to Downtown Development DistrictlReglonal Activity Center.
Continued (motIon by Mr. Hamilton, second by Mr. MerriamJ the above request to the meeting
of August 4, 1992. Motion carried unanimously (4 to OJ.
5. An OrdJnance of the City of Clearwater. Florida. relating to the Land Development Code; Amending
Chapter 134. Code of Ordinances. relating to signs and sign regulations; amending Section 137.005,
Code of Ordinances, relating to definitions; providing an effective date.
. .
Motion (made by Mr. Merriam, second by Mr. Bickerstaffe) to recommend to the Commission
that the Ordinance relating to signs and sign regulations be adopted with the three following
changes: 1) On page 5...on political slgnslissues - remove reference to referendum: 2J On page
g...on flags allowed for multlple.famlly residences - allow one flag per unit: and 3J Add First
Amendment profection clause similar to the one in the county code. Motion carried unanimously
(4 to OJ.
6.
Ordinance No 5201.92 of the City of Clearwater, Florida, relating to flood protection; amending SectJon
164.004, Code of Ordinances. to revise the definition of .substantial improvement. in order to comply
with Florida law relating to the length of time In which certain costs are to be accounted for and limited
in certain flood.prone areas of the City; providing an effective date.
........>-.
Request. land Development Code Text Amendments
Deny (on a motion by Mr. Hamilton, second by Mr. MerriamJ item D6 in its present form. Motion
carried (4 to OJ.
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S rreJlS
G. BOARD AND STAFF COMMENTS
.,
\._,
P & Z ACTION'AGENDA
4
06.30.92
'--
"-- '
MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, JUNE 30, 1992. 1 :30 PM
I ,,' H \"'1 I:,,:: ,; -,'
" Ii
JUL 3 1 1992 t~/
i I
f. , -~,,-J
:~'_~!_.'" ':I_{-:/t;\' DEPT.
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present:
Chairman Mazur, Messrs. Bickerstaffe, Hamilton, and Merriam.
Members Excused:
Messrs. Carassas, Savage and Ms. Martin
Also present:
Scott Shuford, Planning Manager
John Richter, Code Enforcement Manager
Vic Chodora, Building Official
Pat Fernandez, Recording Secretary,
Jan Schopper, Recording Secretary In-Training
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
Motion (mede by Mr. Hamilton, second by Mr. Blckerstaffe) to approve the minutes of the meetings
of June 2. 7992 and June 16. 1992. Motion carried unanimously (4 to 0).
B. REOUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1.
Request for extension !third extension request, second extension request was for building permit in 60 days
and CertiHcate of Occupancy within eight months granted 4/14/92, iirst extension request was for six
months granted 9/17/91, original request was for six months granted 2/19/91) Lots 1 18 and 1 19, Lloyd-
White-Skinner Sub, 1348 Coronado Dr.) Robert E. Malke IRose Garden Restaurant) CU 91-18
Request. To permit on premise consumption of beer and wine
Zoned - CA-28 (Resort Commercial)
Mr. Shuford gave the background of the case and submitted in writing, the ,staff recommendation.
The applicant was not present and the item was moved to facilitate his possible arrival.
Approved (motion by Mr. Hamilton, second by Mr. Merriaml to put rhe item ro the end of the
meeting. Motion carried unanimol/sly (4 to OJ.
Since the applicant did not appear, the existing extension would continue to the meeting of July 14, 1992.
2. (Continued from 6/16/921 Lots 3, 4 and 112 vacated alley on east, J B Roberts Sub, 11253 So. Ft. Harrison
Ave.) Morritt Homes, Inc. ICity Pawn & Jewelry). CU 92-39
Request - To permit outdoor retail sales, displays, andlor storage
Zoned. IL ILimited Industrial)
Mr. Shuford gave the staff recommendation that this item be continued to the July 14, 1992 meeting. A
more accurate site plan is required.
Approved (motion by Mr. Hamilton, second by Mr. BickefstaffeJ (0 centlnue (Ills lrem (0 tile July 14.
1992 meeting. Motion carried unanimously (4 to OJ.
P & Z MINUTES
06-30-92
3. (Continued from 6116/921 M&B 14.05. Sec. l2.29-15.12131 Range Roadl: John E. and Patricia A. Sadlier
(Shalam Boat Worksl
CU 92-35
Request - To permit vehicle service, and outdoor retail sales. displays. and storage
Zoned - IL (Limited Industriall
(. '
Mr, Shuford gave the staff recommendation that this item to continued to the July 14. 1992 meeting. This
will give the applicant sufficient time to obtain an adequate site plan.
Approved {motion by Mr, Hamilton. second by Mr. BickerstaffeJ to continue this Item to the July 74,
1992 meeting, Motion carried unanimously {4 to 01.
~
. .
4. (Continued 110m 6/16/92. M&B 33.04, Sec. 17-29-'6, 1'9995 US '9 NI, Gateway Investments Inc.
(Bennett Car Salesl. CU 92-33
Aequest - To permit outdoor retail sales, displays andlor storage; and vehicle service
Zoned. CH (Highway Commerciall
Both Items C4 and C5 were heard together, Mr. Shuford gave a detailed staff report at the June 16. 1992
meeting. The Board stated it was not necessary to repeat the lengthy report again. The only addition is
that the eastern wall of the structure should be insulated for sound.
Applicant's representative, Art Shand. 1445 Court Street, 34626, stated Bennett Motor Cars wishes to
redevelop this site and construct a new building sometime in the future. There will be no cars displayed
on public right.of,way and no rotating pedestals. He is concerned with recommendation number eleven as
it does not permit major repairs. He pointed out the previous site occupant was allowed to make major
repairs. Denial of major repairs would have an impact on plans as they hope to obtain a new car franchise.
All motor companies insist on the ability to service and repair vehicles on site. These are two adjoining
parcels and they currently sell pre-owned vehicles on both sites. When they obtain a franchise, selling of
used cars will cease on the south parcel and they will sell new vehicles on that parcel. They filed two
applications as while both business have the same owner, they are in effect two separate entities and are
being maintained in that manner.
Appliant, Don Rotan. 6620 12' st Avenue North, Largo 34623, stated new car sales will be on parcel A
(Item B41 and service for new and used vehicles will be on parcel B litem B51. In responsp. to a question,
there will be some servicing of used cars,
Pro or Con: None
The Board discussion indicated that it was not necessary to paint lines to delineate the outdoor display area.
Approved {motion on CU 92.33, Parcel A, by Mr. Hamilton, second by Mr. BickerstaffeJ subject to
the following conditions: 1 J The applicant shall obtain certification of the site plan within one year,
and the requisite occupational license shall be obtained within 18 months of this public hearing,' 2J
The outdoor display, sales and/or storage areas shall be clearly delineated and dimensioned on the
requisite certified site plan, and clearly delineated on the site to assist in code enforcement. Parking
or display of vehicles shall be prohibited within any required open space/yard areas or street rights-of-
way; 3J There shall be no door/window or other openings on the east side of the proposed repair
structure, except emergency exits and non-opening windows. However, if opening windows on the
east side are desired for ventilation, they shall be no (ower than 10ft. from the finished floor of the
structure and the ceiling and eastern wall of the structure shall be specially Insulated for sound; 4J
No repairs shall occur between the hours of 6:00 pm and 7:00 am Mondays through Saturdays and
all day on Sundays; 5J The requisite interior and perimeter (andscaped areas shall be landscaped in
accordance with Section 136.023 of the Land Development Code and a landscape plan shall be
submitted for approval by the Planning and Development Director and Environmental Management
prior to the Issuance of a building permit on the site; 6') There shall be no outdoor speakers; 7J All
permitted vehicle service shall be Indoors,' 8J All parts shall be stored indoors," 9J Prior to issuance
of a certificate of occupancy, a continuous opaque fencing with appropriate landscaping material
shall be installed in accordance with Section 136.023 of the Code along the eastern property line;
10J All lighting shall be oriented away from the residential areas,' 1 1 J Major repairs including engine
or transmission dismantling, painting, body, fender, muffler, and upholstery work shall be not be
permitted; 12J There shall be no outdoor displays and/or storage of boats,' 73J There shall be no
revolving displays or elevated displays of automobiles; T 4} A cross-access agreement between
Parcels "A" and "B" shaff be provided to the salisl.7ction of the Traffic Engineer prior to the issuance
P & Z MINUTES
2
06-30-92
'~'., /... ,.. ,"'" ~'.'~'.". '~.". ....1.. ," ".., '. ...:...." . II. ", II . '. I"" ..' . .',
of a buifding permit,' and 151 Permits shall be obtained for any existinu signage, as needed, and all
signaue shall be brought into compliance with the sign code on or before October 13, 1992, Motion
carried unanimou:;ly (4 to OJ,
5. (Continued from 6/16/921 M&B 33.03, Sec. 17-29-16, (19995 US 19 NI, Gateway Investments Inc.
(Bennett Car Salesl, CU 92-34
Aequest . To permit outdoor retail sales, displays andlor storage; and vehicle service
Zoned . CH (Highway Commercial)
Both items C4 and C5 were heard together. The only addition was a suggested change to the conditions
that the eastern wall of the structure be insulated for sound.
The following motion came atter the vote on Item C4.
Approved (motion on CU 92.34, parcel B, by Mr. Hamilton, second by Mr. Bickerstaffel subject to
the following conditions: liThe applicant shall obtain certification of the site plan within one year.
and the requisite occupational license shall be obtained within 18 months of this public hearing; 2J
The outdoor display, sales and/or storage areas shall be clearly delineated and dimensioned on the
requisite certified site plan. and clearly delineated on the site to assist /n code enforcement. Parking
or display of vehicles shall be prohibited within any required open space/yard areas or street rights-of-
way,. 3J There shall be no door/Window or other openings on the east side of the proposed repair
structure, CKcept emergency exits and non-openinp windows. However. if opening windows on Ihe
east side are desired for ventilation. they shall be no lower than 10 ft. from the finished floor of the
structure and the ceiling and eastern wall of the structure shall be specially Insulated for sound,' 41
No repairs shall occur between the hours of 6.'00 pm and 7.'00 am Mondays through Saturdays and
all day on Sundays; 5J The requisite interior and perimeter landscaped areas shall be landscaped in
accordance with Section 136.023 of the Land Development Code and a landscape plan shall be
submitted for approval by the Planning and Development Director and Environmental Management
prior to the issuance of a building permit on the site; 6) There shall be no outdoor speakers,' 7J All
permitted vehicle service shall be Indoors; 81 All parts shall be stored indoors; 9J Prior to issuance
of a certificate of occupancy, a continuous opaque fencing with appropriate landscaping material
shall be installed In accordance with Section 136.023 of the Code along tile eastern property line,.
loJ All lighting shall be oriented away from the residential areas,' 11 J Major repairs including engine
or transmission dismantling, painting, body, fender, muffler, and upholstery work shall be not be
permitted except upon obtaining the permits for a new car dealership on Parcel B; 12) There shall
be no outdoor displays and/or storage of boats; 131 There shalf be no revolving displays or elevated
displays of automobiles; 141 A cross-access agreement between Parcels ~A ~ and ~B" shall be
provided to the satisfaction of the Traffic Engineer prior to the issuance of a buifding permit; and 15J
Permits shall be obtained for any existing signage, as needed, and all signage shall be brought into
compliance with the sign code on or before October 13. 1992. Motion carried unanimously (4 to OJ.
C. CONDmONAL USES: None
1.1. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVaOPMENT CODE TEXT AMENDMENT.
AND LOCAL PlANNING AGENCY REVIEW:
1. Lot 21. Blk. A, Douglas Manor lake Sub 11457 Dexter Drive.1 Thomas W. & Sherry L. Johnson
A 91-04, LUP 91-05.
Aequest . Annexation. land Use Plan, and Zoning AlIas Amendments
lAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
Recommended that tire City Commission ,'pprove (motion by Mr. Hamilton, second by Mr. Merriaml
the proposed Annexation, Land Use Plan Amendment to Low Density Residen(ial, and Zoning Atlas
Amendment to RS.6 as they appear to be supported by the Standards for Approval of Land
Development Code Section 132.005/anfJex.J. 137.015'eJ/zoningl, 137.016{cIlLUPI. Motion carried
unanimously (4 to 01.
ZONING:
AS.6 (Single Family Resid~nliall
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Pro or Con: None
P & Z MINUTES
3
06-30.92
2. Part of Lots 23 and 24, Suban's Sub 11843 West Drivel David H. & San L. King
^ 91-06, lUP 91-07.
Request - Annexation, land Use Plan, and Zoning Atlas Amendments
LAND USE PLAN:
FROM: Unclassified
TO: low Density Residential
ZONINGt
RS-a (Single Family Residentiall
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Pro or C9n: None
Recommended that the City Commission approve (motion by Mr. Merriam, second by Mr. Hamilton)
the proposed Annexation, Land Use Plan Amendment to Low Density Residential. and Zoning Atlas
Amendment to RS-6 as they appear to be supported by the Standards lor Approval of Land
Development Code Section 732.005/annex.I, 737.015feJ/zonlngl, 137.016(eJ/LUP/. Motion carried
unanimously (4 to 0).
3. lot 12, Blk. C, Pine Ridge Sub 11308 Springdale Street! Willie L. & Bertha M. King
^ 92-04, LUP 92'()9.
Requast - Annexation, Land Use Plan, and Zoning Atlas Amendments
lAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
ZONING:
RS.a ISingle Family Residentiall
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Pro or Con: None
Recommended that the City Commission approve (motion by Mr. Merriam, second by Mr. Hamilton}
the proposed Annexation, Land Use Plan Amendment to Low Density Residential, and Zoning Atlas
Amendment to RS-6 as they appear to be supported by the Standards for Approval of Land
Development Code Section 732. ODS/annex .}, 737.0 15(eJ/zoningJ, 137.016 (eJ/L UP}. Motion carried
unanimously (4 to 0).
4. Downtown land Use Plan:
The City of Clearwater proposes to change the zoning and land use classifications within the shaded area
shown on the map in the advertisement and as described below. The City of Clearwater further proposes
to include the subject property in the Downtown Clearwater Community Redevelopment Area ICRAI. The
City of Clearwater also proposes to change the permitted and conditional uses, parking standards, and other
requirements associated with the Urban Center district.
P & Z MINUTES
4
06-30-92
Zoninn Channes. The City of Clearwater proposes to change the zoning districts for the subject
property from Limited Industrial, Urban Center {core!. General Commercial, Neighborhood
Commercial, Resort Commercial "Twenty-four", Limited Office, Public/Semi-Public, Multiple Family
Residential "Twenty-eight", Multiple Family Residential" Sixteen", Multiple Family Residential "Eight",
and Open Space/Recreation to Urban Center [Bayfrontl, Urban Center (Corel, Urban Center (Eastern
Corridorl. and Urban Center [Transitionl.
land USll: Channes. The City of Clearwater proposes to change the land use classification for the
subject property from Industrial, CommercialfTourist Facilities, Residential/Office, Public/Semi.Public,
High Density Residential, Medium Density Residential, low Density Residential, and Recreation to
Downtown Development District/Regional Activity Center.
Mr. Shuford provided a detailed summary of The Downtown Development Plan, noting a changes proposed
to the Plan from the earlier presentation. Two letters have been received regarding the plan, one !rom
Richard Whissell with zoning concerns and another from Mary G. Cumming who is against the proposed
Plan Amendment and rezoning,
.. ';\'..'. '. ~''/:,.~... .;. .,/... .. .....'..,.:. ~.. '. ~.I .'. I" ,'" I.,' " "
A Board member stated the City in the past had usurped his rights by changing the zoning without his
approval and he would not want to adversely alfeet another property owner.
(,"\
Pro Of Con:
Todd Hertzbero. 2165 Karan Way. Clearwater. stated he would renovate and remodel a residential property
he owns at 303 N. Osceola into an office and move his office from the airport area to downtown, He feels
the change to office zoning is welt suited for surrounding properties.
William D. Wallace. 606 Turner Street. Clearwater. stated he has mixed feelings and wants to know what
will happen after the Interim plan. Why expand CRA and the downtown when the downtown is shrinking.
He pointed out that on the cross-hatched maps showing under-developed property that some parcels Ii.e.
the station at the corner of Rogers Street and S. Ft. Harrison) had part of the parcel with one shading and
the balance was shaded differently. Mr. Shuford advised the property appraiser's land values were used
to determine jf the land value exceeded the value of the structure.
Mrs, C. C. Moraan, 313 Eldridge Street. stated people are moving horn the downtown area because the
nearby area is not viewed as a prime residential area. The downtown is the gateway to the beaches and
should not have slum areas nearby. She does not approve of people selling items from pushcarts as it will
lower property values. Mr. Shuford pointed out that vendors would be on public property and be approved
by a franchise agreement with the city.
Carol Cicero. 1730 Rosary Road, stated the changes would drastically affect their business and was
concerned about making businesses a conditional use. They would then need permission for anything they
wished to do rather than being grandfathered in. Costs to obtain a conditional use permit would be high
and she is uncomfortable as a conditional use permit can be revoked any time for any reason. Eighteen
years ago the City rejected several of their chosen locations and suggested Greenwood with its zoning as
being ideal. She feels the downtown is on a down slide and mentioned several failed businesses. Many
homes near her are being boarded up. She feels it should not be necessary to spend time fighting to
maintain what they already have. Since the CitY does not want to buy her property. she feels the City
should hire a del/eloper, get a plan together and then offer alternatives to property owners. Mr. Shuford
pointed out that it will be impossible to please everyone but some grandfathering could be put in the zoning.
Albert Guv, 1689 Oak Place. stated he owns two businesses in their twentieth year and two old commercial
buildings at 605 Spruce and 604 Railroad AVenue. His property is now Light Industrial and under the
proposed uses he 'would not be able to service equipment. Mr. Shuford will contact him to discuss his
particular problem. If he does not expand. he could continue his present use.
Loretta Cruder, 904 Railroad Avenue, inquired if her property was involved and would the proposals have
a negative effect on her. Mr. Shuford will contact her later.
James C, Rembert. 423 S. Greenwood. stated as a lifelong resident that he recalls a quieter country-like
area. His community has dwindled and he feels businesses have deteriorated neighborhoods. Residential
areas keep downtowns alive. He feels that if the surrounding residential areas were kept up in the past that
the downtown would have had people to keep it alive. He now wonders if the new zoning and
incorporation of other areas into the downtown would have a negative effect and cause them to become
blighted.
Altonise Brvant, 402 Railroad Avenue, stated she is not a property owners but was appearing for aged
relatives In the area. She leels that if tenants were required to keep propertY up that the area would not
appear to be a slum.
A Board member expressed his view that the downtown should be developed around businesses that have
, been successful.
Concern waS voiced by the Board relative to three members being absent at today's meeting. It was felt
these members had valuable input and since circumstances at the last minutes prohibiting them from being
here, believe it should be put off till the meeting of August 4, 1992. The July meeting has a number of
cases coming before it and it since it does not affect the City's timetable, it would be more eficctively
decided at the first meeting in August.
Continued (motion by Mr. Hmni/ton. second by Mr. Merriam} the above request to the meeting of
August 4. 1992. Motion c,urled un..nimously (4 to OJ.
5. An Ordinance of the City of Clearwater. Florida, relnting to the Land Development Code; Amending
Chapter 134. Code of Ordin<lnces, relating to signs and sign regulations; amending Section 137 .OOS, Code
of Ordinances, relating to definitions; providing an eflcctive date.
Mr. Richter. Code Enforcement Manager. made a presentation on the proposed sign code. The purpose is
to bring Clearwater's code inlo general conformance with the county code.
P & Z MINUTES
5
06-30-92
Board member concerns related to page 5 under definition of political signs and usage of the working
referendum for approval. They would like reference to a refenmdum removed to allow signage for any
related political issue, not a ballot item, such as pro-life/pro-choice or MIA. Concern should be on the time
limit the sign can remain up and not the content. On page 9 reference is made to banners and flags and
its application to condo owners. The Code says one bannerlfJag on any residential property. As a condo
resident, it appears only one unit owner could display the flag. The word unit should be inserted for
residentially owned property. The internal display of merchandise against business windows was discussed.
Signage on glass buildings is sometimes a problem. Verbiage on signs is usually quantitative rather than
Qualitative which is difficult to control.
Pro or Con:
William C. Jonson. 2694 Redford Court West, stated the sign code parallels the county and is excellent.
He suggested a change stating the county has a first amendment protection clause. He is concerned with
neon to frame signage and sandwich signs allowed downtown. He reviewed bonuses allowed to large
businesses such as Home Depot, Gayfers, loehmann's Plaza, Albertsons at Countryside and several others.
He suggested the bonus may encourage a sign war and cause businesses to enlarge their attached signs
to.compete with the business next door. Downgrading bonuses should be considered.
Paul Tavlor. Thomas Sign & Awning Co., 10990 49th Street North, stated a business entity far from the
road needs a larger sign to get the same visual effect a business closer to the road would get with a smaller
sign. The County code has been endorsed by the various mayors and the City should take it and use it.
He favors the 10% of building facade evaluation factor on a store and in fact suggested it to St. Petersburg.
It is proportionate, fair, and not excessive with 90% being building and the remaining 10% as sign.
Problems start with the Illegal signs that remain due to lack of enforcement.
P & Z MINUTES
6
06-30.92
A Board concern was what happens when replacing a sign located in an area where the right of way
changed due to road widening. They felt the code should cover and provide an answer when a business
received a bonus and now needs to replace a sign, but has a different setback, What size sign would they
be allowed to erect. The previous size or would the rules on the actual setback at the time of replacement
apply. Staff was asked about wording of a provision of sign bonuses either existing or projected right of
way, whichever is less.
Motion (made by Mr. Merriam, second by Mr. BickerstaffeJ to recommend to the Commission that
the Ordinance relating to signs and sign regulations be adopted with the three fOllowing Changes: 7 J
On page 5...on political signs/issues - remove reference to referendum,' 2J On page 9...on flags
allowed for multiple-family residences - allow one flag per unit; and 3J Add First Amendment
protection clause similar to the one in the county code. Motion carried unanimously (4 to OJ.
6. Ordinance No 5201-92 of the City of Clearwater, Florida, relating to flood protection; amending Section
164.004, Code of Ordinances, to revise the definition of .substantial improvement. in order to comply with
Florida law relating to the length of time in which certain costs are to be accounted for and limited in certain
flood.prone areas of the City; providing an effective date.
Request - land Development Code Text Amendments
Vie Chodora, Building Official, made the presentation relating to the ordinance. The state law has changed
and our ordinance was to bring Clearwater into compliance with the state law and make it uniform. They
are desirous of treating the rest of thE' flood prone areas in the City in the same manner. Flood zones have
been defined per the federal maps. In addition to the coastal barrier islands, it is recognized that Alligator
Creek and some other locations inland are flood.prone.
One Board members expressed the view that this was making it virtually impossible for Island Estates home
owners to sell their homes at any reasonable price. On recent purchases, buyers are extensively
remodeling. The limit of improvement over 5 years will affect the tax base for these high-paying taxpayers.
A roof repair alone is costly and would be a large part of the allowable repair. Another Board member was
reluctant to add areas that arc not mandated by the state government.
E!9. or Con:
Bl1.a Canan. 484 Island Way, has been a resident for 23 years and came with members of the Island Estates
Civic Association. She concludes that the affected areas should be clearly named and identified. There is
considerable difference between 'prone to. indicating tendency or history of flooding and .subject to.
which could refer to any area. Properties on Island Estates would be devalued even through they have no
flood-prone areas. She concluded that a lower tax base would most likely follow.
Mr. Shuford stated the properties in question are in the 100 year llood lone as defined by the FEMA maps.
. ',". :.... . '~'.' ~~,' .....1 .~ ," I'" ".:,:.' . ='. ," . f" . ~I","': ',' ,', .
('"~
--.... '
"
A Board member stated the whole city would suller il a severe hurricane came through. As a resident of
Island Estates he was required to evacuate and went to a friends well within the city boundaries. Water
from a nearby creek came into the yard and that property sustained damage while his propertY in Island
Estates remained unscathed.
They objected to the City exceeding the requirements of the state law, They feel the recommendation
should have been written to meet the state law and not include a wish list.
Deny (on a motion by Mr. Hamilton, second by Mr, Merriam) item D6 in its present (orm. Motion
carried (4 to 0).
E., CHAIRMAN'S ITEMS .. None
F, DIRECTOR'S ITEMS
Mr. Shuford passed out a memorandum concerning the roller skating rental Issue. He pointed out that the
packets also included data concerning the issuance of alcoholic beverage licenses.
. .
Mr. Shuford thanked both John Richter and Vie Chodora for coming and presenting their own items.
G. BOARD AND STAFF COMMEm"S
The meeting was adjourned at 5:58 pm.
.1
P & Z MINUTES
7
06.30.92