08/04/1992 (2)
ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, August 4, 1992 - 1 :30 PM
c~
A.
APPROVAL OF MINUTES
1. July 14, 1992 - APPROVED
(-,.
"
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1, (Continued from 6116/92,6/30/92 & 7114/92) M&B 14.05, See 12-29-15 (2131 Range Road) John
E. and Patricia A. SadtJer (Shazam Boat Works), CU 92.35
Request - To permit (1) vehicle service; and (2) outdoor retail sales, displays, and storage
Zoned - IL (Umlted Industrial)
.. ,
DenIed (motion made by Mr. Hamilton, and seconded by Mr. Blckerstaffe). Motion carried
unanimously (6 to 0).
2. (Contlnuod from 7/14/92) Part of Blk 2, Baskin's Aeplat Aesub, (2779 Gulf to Bay Blvd) Herbert
E. & Jane B. Wollowlck (KCMT Entertainment, lnc./Sweaty Eddy's), CU-92.45
Request. To permit on-premise consumption and package sales of beer, wine, and liquor
Zoned - CG (General CommerelaQ
Continued Co August 18, 1992.
3,
(Continued from 7/14/92) lot 4 and part of Lot 5, Blk 2, Wallace's Add, (519 S Ft Harrison Ave)
Trlvest Investments, Ine (Gutf Coast Auto Sales), CU 92-50
CITY CLERK DEPT.
OB{04{92
,
- '
Request - To permit outdoor retail sales, displays, and/or storage
Zoned - CG (General Commercial)
Denied (marion made by Mr. HamlltonJ seconded by Mr. Savage). Motion carried
unanimously (6 to 0).
C. CONDITIONAL USES:
1, SUps 17 and 18, 700 Island Way II Condo, (736 Island Way) 736 Island Way Assn, Inc. (700 Island
Way /I a Condominium), CU 92~51
Request - To permit marina additions of two docks and boattifts/catwalks
Zoned - RM 28 (Multiple Family Residential) and AlJC (Aquatlc Lands/Coastal)
Approved (motion made by Mr. Hamilton, seconded by Mr. Savage) subject to the following
conditions: 1) The applicant shall obtain the requisite building permits for the construct/on
of the two slips within 90 days of this public hearing; 2) The boat slips shall be exclusively
(or the personal use o( the resldent/al condomInium owners residing at 700 Island Way
Condominiums (one slip per unit) and shall not be rented or leased to non.owners; and 3)
prlorto the Issuance ofthe building permit, the appJ/cant shall demonstrate authority to make
application to the Director of Planning and Development. Motion carried unanimously (6 to
0).
P & Z ACTION AGENDA
1
ij~(g~OW~~
1m AUG 1 3 1992 ~
2, Lots 33 and 46, and vacated alley, Court Square Sub, (401 S. Ft. Harrison Ave,) Park Terrace or
Clwr, Inc, (C.J.O, Corp./The Old Bailey), CU 92-52 .
Request - To permit on-premIse consumption of beer, wIne, and liquor
Zoned. UC{C) (Urban Center Core)
/
Continued to August 18, 1992.
D, ANNEXATION, ZONING. LAND USE PLAN AMENDMENT. LAND DEVELOPMENT CODE TEXT
AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. M&B 23.04. 23.05,23.06.23,08, and 23.13, Sec, 21-28-16 {3160 McMullen-Booth Road)James 8,
& Marlene K McCullough, A 92-07. LUP 92-13
- 'Request - AnnexatIon, Land Use Plan and Zoning Atlas Amendments
LAND-USE PU\N:
FROM: Unclassified
TO: Low Density ResIdential
ZONED:
RS 6 (Single Family Residential)
Recommended the City Commission approve the requested Annexation, Land Use Plan
Amendment to low Density Residential and ZonIng Atlas Amendment to R$-6 (motion made
by Mr. Carassas, and seconded by Mr. Blckerstaffe. MotIon carried unanimously (6 to 0).
2, Lot 1, Clwr "19" Commerce Park (22067 U.6, 19 N.) Frank C. Kunnen, Jr" Z 92.07
Request. Zoning Atlas Amendment
ZONED:
FROM: IL (LImIted Industrial)
TO: IPD (Industrial Planned Development)
Recommended that the City CommissIon approve the ZonIng Atlas Amendment to IPD
(motion by Mr. Hamilton, seconded by Mr. Carassas) subject to the following conditions: 1)
The applicant shall meet the perimeter landscaping requirements of Sec. 136.023 of the LAnd
Oeveloepment Code to the extent that such landscaping can be Installed in areas outside of
utility easements and retention areas; or ditch maintenance access areas. Such landscaping
shall be Installed within six months from the date of IPD zoning approval by the City
Commission; 2) rhe apptlcant shall screen aU dumpsters visible to residential areas with
6 112 talf concrete block walls, stuccoed and painted to match the exterior of the bulldlngs
within six months of the date of IPO zoning approval by the City Commission; 3) All
freestanding slgnage, If relocated, shall meet the requirements of the Highway CommercIal
zonIng district; all attached slgnage shall moet the requirements of the General Commercial
zoning dlstrlctj 4) The applicant shall submit reporls to the Plannfng and Development
Director Indicating business occupancies and the areas associated with such occupancies
to demonstrate comptlance with the use percentage tabfe on the site plan at the time of each
occupationaf llcense approvaf; 5) There shalf be no more than a cumulative total of 20,185
sq. ft. of gross floor area for retail and restaurant uses; 6) New uses or rev/slons to existing
uses withIn the center shall continue to be reviewed, on a case-by-case basis, for any
required Impact fees; 7) The applicant shall maintain all ditches and retention areas on the
property (or In utlJlty ,easements) In accordance with City requirements to be developed by
the Publlc Works Deparlment; and 8) There shalf be no additional door or window openings
on any bullding waliwhlch faces a residential Brea. Motion carried unanlmousfy (6 to 0).
't..,.. ..,'
P & Z ACTION AGENDA '.
2
08/04/92
.. j ~. >. ,': I.~ . ~ . t' '. ' . . ',' . . " I" '~., ~";,;I'.. . " " ..: . . . f' ~..':, ~ . ~ . ,. .. . ,1... . : '.
3.
(Continued from 6/30/92)
('.
Downtown land Use Plan: The City of Clearwater proposed 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 other requirements associated
with the Urban Center district,
Zonlna Chances: The City of Clearwater proposes to change the zonIng districts for the subject
property from Umited Industriall Urban Center (core) I General Commercial, Neighborhood
Commercial, Resort Commercial "Twenty-four"l Limited OHice, Public/Semi-Public, Multiple Family
Residential "Twenty-elght", Muttlple Family Residential "Sixteen", Multiple Family Residential "Eight" ,
and Open Space/Recreation to Urban Center (Bayfront), Urban Center (Core), Urban Center
(Eastern Corridor), and Urban Center (Transition),
. .
land Use Chanties: The City of Clearwater proposes to change the land use classification for
the subject property from Industrial, Commercialrrourist FacJlltles, Resldentlal/OHlce, Public/Semi-
Public, High Density Residential, Medium Density Residential, Low Density Residential, and
Recreation to Downtown Development DistrlcVReglonal Activity Center,
A moflon was made by Mr. HamiUon, and seconded by Mr. Savage, that It Is the consensus
of thl, Board that the City staff has significantly demonstrated the need for a new Downtown
Plan and the plan presented meets that need, and the Board recommends this plan cont/nue
forward In a positive vein with It becoming the blueprint for downtown revitalization whl1e
minimizing the number of nonconformitles. Motion carried unanimously (6 to 0).
4.
(Continued form 7/14/92) Ordinance No, 5236.92 of the City of Clearwaler, Florida, rOlating to
the Land Development Code; amending Section 134,015, Code of Ordinances, to delete the sign
variance appllcaUon deadline; providing an effective date. (LDCA 92-08)
.......1',/
Recommended that the City Commission approve Ordinance No. 5236-92 (motion by Mr.
Hamilton, and seconded by Mr. 8ickerstaffe). Mot/on carried unanimously (6 to 0).
5, Ordinance No. 5264.92 of the City of Clearwater, Florida, relating to the Land Development Code;
amending Section 136,004, Code of Ordinances, relating to height limitations, to eliminate a height
bonus provision for properties having required minimum floor elevations, and to allow parapet
walls to extend above maximum height limitations; amending Section 137,005, Code of
Ordinances, to revise the definition of .Height'; providing an effective date, (LDCA 92-12)
Continued to August 18, 1992
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
G. BOARD AND STAFF COMMENTS
P & Z ACTION AGENDA
3
08/04/92
.. .' "".,(\:'. ~.', ~.."" ...... .....t.I'.. ,.'.... ," ".~. ',. . ,'.,' .' ',~~' . L < +,.\' "
MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, AUGUST 4,1992. 1:30 PM
/_4'" .
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present:
Chairman Mazur, Messrs. BlckerstaHe, Carassas,
Hamilton, Savage, Ms. Martin
Members Excused:
Mr, Merriam
Also presen\:
Scott Shuford, Planning Manager
James M. Polatty, Jr" Director of Planning and Development'
Doreen Feldhaus, Recording Secretary
Chairperson Mazur outlined the procedures for conditional uses and advised that anyone adversely
aHected 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 was made by Ms, Martin, and seconded by Mr, Carassas). Mollon carried unanimously
(6 to 0),
B. REQUESTS FOR EXTENSION. DEFERRED AND CONTINUED ITEMS:
1. (Continued from 6/16/92.6/30/92 & 7/14/92) M&B 14.05, Sec 12-29-15 (2131 Range Road) John
E, and Patricia A, Sadlier (Shazam Boat Works), CU 92w35
Request - To permit (1) vehicle service; and (2) outdoor retail sales, displays, and storage
Zoned. IL (Umited Industrial)
Mr. Shuford gave the background of the case and submitted, In writing, the staff recommendation, Mr.
Shuford advised that this request was continued to allow the applicant to submit a detailed site plan. The
applicant did not submit the site plan and staff therefore recommends denial.
Applicant was not present
A motion was made by Mr, Hamilton, and seconded by Mr. Carassas to postpone this request to the end
of the meeting. Motion carried unanimously (6 to 0),
After all other items on the agenda were completed, the applicant had not appeared,
Denied (motion made by Mr, Hamilton, and seconded by Mr, Bickerstaffe), Motion carried unanimously
(6 to 0).
2, (Continued from 7/14/92) Part of Blk 2, Baskin's Replat Resub, (2779 Gulr to Bay Blvd) Herbert
E, & Jane 8, Wollowick (KCMT Entertainment, lnc./Sweaty Eddy's), CU.92-45
Request. To permit on-premise consumption and package sales of beer, wine, and liquor
Zoned - CG (General Commercial)
P & Z MINUTES
08/04/92
Mr. Shuford gave the background of the case and submitted, in writing, the stalf recommendation.
Mr. Shuford advised that the applicant has requested a continuance to the meeting of August 18th due
to the death of one of the applicants.
A motion was made by Mr, Hamilton, and seconded by Mr, Carassas, to continue this request to the
August 18, 1992 meeting. Motion carried unanimously (6 to 0).
3, (ConUnued from 7/14/92) Lot 4 and part of Lot 5, Blk 2, Wallace's Add, (519 S Ft Harrison Ave)
Trivest Investments, lnc (Gutl Coast Auto Sales). CU 92-50
Request. To permit outdoor retail sales, displays, and/or storage
Zoned - CG (General Commercial) ,
Mr, Shuford gave the background of the case and submitted, in writing, the staff recommendatron. Mr,
Shuford stated that staff had received a revised site plan on July 30, 1992 which still does not address
important issues, Mr. Shuford advised that staff has recommended denial.
Applicant, Basil Laschl, 1124 Sunnydale Drive, stated he could not hear well and that Michael Harvey
would represent him, .
Applicant's representative, Michael Harvey, 1425 Highrield Dr., stated that they submilted a plan to the
Zoning Section staff and felt that the plan met the all requirements, He stated he understood the staff's
recommendation for denial.
Pro: None
Con: None
Denied (motion made by Mr. Hamilton, seconded by Mr. Savage). Mollon carried unanimously (6 to 0).
.~.
C. CONDITIONAL USES:
1. Slips 17 and 18, 700 Island Way II Condo. (736 Island Way) 736 Isrand Way Assn, Inc, (700 Island
Way II a Condominium), CU 92.51
Request. To permit marina additions of two docks and boaUifts/catwalks
Zoned. RM 28 (Multlple Family Residential) and AL/C (Aquatic Lands/Coastal)
In response to questions by the Board, Mr. Gibson slated that the condominium association president
signed the document authorizing him to submit this application, He added that the people who own the
slips are responsible for maintenance and fees associated with these slips. Mr. Gibson advised that
Robert Dimoff is the President 01 700 Island Way Condominium Association nnd tI,at he signed the
affidavit authorizing him to make tt,is application,
''---
Mr, Shuford gave the background of the case and submitted, In writing, the staff recommendation. Mr.
Shuford advised that questions have come to light concerning ownership and whether the applicants for
this request have met the Condominium Association's approval requirements, Mr, Shuford stated that
normally deed restrictions and the like are private lssues; however, in this case il the applicants are not
authorized to apply for this request it should be a factor of consideration. Mr. Shuford suggested either
to continue the request or consider a condition of approval that the applicant must demonstrate that they
are authorized to apply, Mr. Shuford added a letter of objection to the request was received from James
Dean, 736 Istand Way #106.
Applicant's representative, Myron Gibson, Gibson's Docks & Lifts, 2948 Fairfield Court, Palm Harbor,
stated that a permit was originally approved for 18 boat slips in 1980, and that 16 slips were built at that
time. Mr. Gibson stated that this appllcation is to build slips 17 and 1 B.
P &. Z MINUTES
2
08/04/92
t, . '.+ " ; I ' .,' I 'I ~ ~ , .: '",' ,~ ,'-':.'..' .':,';, '., . " '> I ',... . ' J:' ~, ,.j ',' ' ~,'
f[Ql
~
Louis D. Karras, Vice President or 736 Condominium Association, 736 Island Way, stated that the
President or the association had a death in the family and could not be present. He stated that the
residents at this locallon are boat enthusiasts and desire to have the boat slips as some residents now
maintain their boats elsewhere. He felt the applicants are boat enthusiasts and this request should be
approved, '
In response to questions by the Board, Mr. Karras stated that the Condominium Assoclatlon will be
considering a 75% approval of the two boat slips and that the meeting will be within 90 days,
Con:
Gerald Perlin, 736 Island Way, stated he felt that nothing will be approved by the association, He stated
that the application is a rear estate deal and not a request for recreational boating purposes. Mr. Perlin
stated he questions the legality of the applicants' authority to make this request. He stated that a decision
should nol be made until the question of ownership is resolved with the Condominium Association,
Mr, Mazur stated that It is the Board's responsibility to consider whether the boat slips are permitted to
be buill, and not to dispute ownership or other legal problems with the condominium association.
Applicant Martin Cook, 736 Island Way #306, stated that he Is secretary or the Condominium Association
and one of the applicants for one of the slips. He stated they have been attempting for three months to
determine proper procedures to apply for this permit. Mr, Cook stated he obtained the required
signatures from the President and Vice President of the association as well as the adjoining condominium
assocIation officers, Mr. Cook stated he was not aware that 75% approval of the association was required
prior to applying for the permit and would have done so prior to this meeting had they known. He added
that he had consulted with an attorney and felt that the proper procedures to apply for this permit had
been followed and asked that this request be approved,
',._ Applicant Nicholas Matsls, 736 Island Way, stated he is a Director on the Board of the Condominium
Association and has lived there for 20 months. Mr, Matsis stated that he is a boallover and had rented
a slip but could not Install a lift and consequently his boat was ruined, He would like approval of this
request so that they can take it to the association for their approval of the slip,
In response to questions by the Board, Mr. Matsis stated if this request is approved that he will abide by
the decision of the association,
In rebuttal, Mr. Perlin stated that most of the slips are owned by non boat owners and that [t comes down
to the value of the boat slips, Mr. PerUn felt this request is simply a real estate deal and not a question
of boat owners wanting a boat slip.
In rebuttal. Mr. Gibson reiterated that the original approval was for 18 slips, and would like to build the
remaining two slips previously approved.
Discussion ensued inclUding the following: the condominium association rules, the ownership issue, and
adding a condition requiring the applicants to demonstrate applicant must demonstrate authority to mal<e
application prior to the issuance of a building permit.
Approved (motion made by Mr. Hamilton. seconded by Mr. Savage) subject to the following conditions:
1} The applicant shall obtain the requisite building permits for the construction of the two slips within 90
days of this public hearing; 2) The boat slips shall be exclusively for the personal use of the residential
condominium owners residing at 700 Island Way Condominiums (one slip per unit) and shall not be
rented or leased to non-owners; and 3) Prior to the issuance of the building permit, the applicant shall
demonstrate aulhority to make application to the Director 01 Planning and Development. Motion carried
unanimously (6 to a).
P & Z MINUTES
3
08/04/92
2, Lots 33 and 46, and vacated alley, Court Square Sub, (401 S. Ft. Harrison Ave,) Park Terrace of
Clwr, lnc, (C.J,D. Corp.ffhe Old Bailey), CU 92.52
Request - To permit on-premise consumption of beer. wine, and liquor
Zoned - UC(C) (Urban Cenler Core)
Mr. Carassas stated he has a conflict of interest with the request and will not participate In the discussion
or vote.
Mr, Shuford stated that the applicant has requested continuance to the meeting of August 1 e, 1992,
A motion was made by Mr, Hamillon, and seconded by Mr. Savage, to continue this request to the August
1 a, 1992 meeting. Motion carried 5 to 1, with 1 abstention.
D, ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND OEVELOPMENT CODE TEXT
AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. M&B 23.04, 23.05.23,06,23.08, and 23,13, Sac. 21-28-16 (3160 McMullen.Booth Road) James
B. & Marlene K. McCullough. A 92-07, LUP 92-13
Request - Annexation, Land Use Plan and Zoning Alias Amendments
lAND-USE PLAN:
FROM: Unclassified
TO: Low Density Residential
ZONED:
RS 6 (Single Family Residential)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
The applicant was not present.
A mollon was made by Mr, Carassas and seconded by Mr, Hamilton to postpone this request to the end
of the meellng. Motion carrit3d unanlmou:;;y (6 to 0),
After all other agenda items were completed the applicant was present.
Pro: None
Con: None
Applicant's representative, Steve Stuebs, 36422 US 1 g, Palm Harbor, stated he had received the staff
report and agrees with the recommendation made by staff.
In response to questions by the Board, Mr. Stuebs stated that there is no part 01 this property being
considered by the City of Clearwater for purchase that he is aware of. There is a portion of the property
abutting McMullen Booth Road that is designated as future right.of-way and during the site plan process
the site plan shall reflect this as well as any appropriate buffers,
Mr. Shuford stated that in order to develop the property, they will have to provide either land or opEln
space fees,
Pro: None,
Con: None
"".'
P &. Z MINUTES
4
08/04/92
. '", ': ',' , ,', , ' . :' , ~.~ ~ .' I.:', ',' '" . " ." ,..' ," . . ~ +' " ." t ~ ," .' I. . ," ,j".' ,
A molion was made by Mr. Carassas, and seconded by Mr, Blckerstaffe to recommend that the City
CommissIon approve the requested Annexation, Land Use Plan Amendment to Low Density Residential
and Zoning Atlas Amendment to AS.6. Molion carried unanimously (6 to 0).
,
I
2, Lot 1, Clwr "19" Commerce Park (22067 U.S. 19 N,) Frank C. Kunnen, Jr., Z 92-01
Request. Zoning Atlas Amendment
ZONED:
FROM: IL (Limited IndustrIal)
TO: IPD (Industrial Planned Development)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr,
Shuford noted a letter of objection was received from Falrwood Forest residents. Mr, Shuford stated that
City's Environmental Management Group Indicated that having the ditch meet minimum nusiance
standards for lots Is not appropriate because extra vegetation Is needed In the ditch during heavy rains
to prevent washouts. Mr. Shuford suggested the Board may wish to modify the condition recommended
by staff pertaining to ditch maintenance, He also noted that in regard to providing reports to the Planning
& Development Department, that perhaps the easiest way would be to handle it would to have the report
updated when new occupational licenses are issued,
Applicant, Frank Kunnen, Jr" 22067 US 19, stated that he Is the owner of Clearwater 19 Commerce
Center. Mr, Kunnen stated that the IL zoning is too limIting, and that IPD and IL are now the only
Industrial zonlngs In Clearwater, He stated tl1at at one time all uses In the center were strictly industrial,
however they now have uses such as dance and karate schools. He discussed fencIng and the
maintenance of the ditch. He stated that washouts would occur II the vegetation is not permitted and
noted that the City has permission to use his property for ditch maintenance, Mr, Kunnen stated he had
spoken with Buddy Jones of Falrwood Forest and feft he had satisfied his concerns. Mr. Kunnen added
that he will be a good neIghbor and cooperate with the City,
A lengthy detailed discussion ensued wIth the applicant, the Board members and staff concerning the
recommended conditions of approval.
Pro: None
Con: None
A motron was made by Mr, Hamilton, seconded by Mr. Carassas to recommended that the City
CommissIon approve the Zoning Atlas Amendment to IPD subject to the following conditions: 1) The
applicant shall meet the perimeter landscaping requirements of Sec. 136,023 of the Land Development
Code to the extent that such landscaping can be installed in areas outside of utility easements and
retention areas; or ditch maintenance access areas, Such landscaping shall be installed within six months
from the date of IPD zoning approval by the City Commission; 2) The applicant shall screen all dumpsters
visible to residential areas with 6 1/2 ft. tall concrete block walls, stuccoed and painted to match the
exterior of the buildings within six months of the date of IPD zoning approval by the City Commission;
3) All freestanding signage, if relocated, shall meet the requirements of the Highway Commercial zoning
district; all attached slgnage shall meet the requirements of the General Commercial zoning district; 4)
The applicant shall submit reports to the Planning and Development Director indicating business
occupancies and the areas associated with such occupancies to demonstrate compliance with the use
percentage table on the site plan at the time of each occupational license approval; 5) There shall be
no more than a cumulati....e total of 20,185 sq. ft. of gross floor area for retail and restaurant uses; 6) New
uses or revIsions to existing uses within the center shall continue to be reviewed, on a case.by-case basis,
for any required impact fees; 7) The applicant shall maintain all ditches and retentIon areas on the
property (or in utility easements) in accordance with City requIrements to be developed by lhe Public
Works Department; and 8) There shall be no additional door or window openings on any building wall
which faces a residential area, Motion carried unanimously (6 to 0).
P & Z MINUTES
5
08/04/92
3, (Continued from 6/30/92)
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 ClealWater further proposes to Include the subject property In the Downtown
Clearwater Community Redevelopment Area (CRA) , The City of ClealWater also proposes to
change the permitted and conditional uses, parking standards, and other requirements associated
with the Urban Center district.
Zonina Chanaes: 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 OHice, Public/Semi.Public, Multiple Family
ResIdential "Twenty~eight', Multiple Family Residential "Sixteen", Multiple Family Resldential'Eight",
and Open Space/Recreation to Urban Center (Bayfront), Urban Center (Core), Urban Center
(Eastern Corridor), and Urban Center (Transition), .
Land Use Chanoes: The City of ClealWaler proposes to change the land use classification for
the subject property from Industrial, CommercialfTourist Facilities, Residential/OHice, Public/Semi.
Public, High Density Residential, Medium Density Residential, Low Density Residential, and
Recreation to Downtown Development District/Regional Activity Center.
Mr, Shuford stated that the City Commission held a work session on July 23, 1992 regarding the
Downtown Plan and was unable to complete discussion on the entire plan, Consequently. the City
Commission canceled the public hearing for the Downtown Plan scheduled for August 13, 1992. Mr.
Shuford added that Implementing the Downtown Plan will likely not occur this calendar year, but probably
in June of 1993,
Mr, Shuford explained in detail what the plan is and what it will do, why It needs to be updated and how
it will be implemented.
Public Comments:
Joe Beno, 500 N Osceola Avenue, stated a basic plan for downtown expansion to the north ls needed
to dress up the area, Mr. Beno's concerns Included trash cans in the street and problems experienced
with abandoned vehicles. Mr, Beno felt the plan is good and should be adopted and enforced.
Mrs. C.C. Morgan, 313 Eldridge St., stated she is also speaking for Michael McDaniel, Attorney, of 512
N. Fl. Harrison Ave" who also owns a home on Eldridge Streel. She recommended that the area from
Georgia Street to Cedar Street along Osceola Avenue now zoned RM-16 not be rezoned to Urban Center.
She felt if any changes are proposed to this area that they should be directed toward restoring the original
quality of this neighborhood, Mrs, Morgan stated innovative zoning incentives should be considered
which would allow the combination of neighborhood commercial uses within the multl.famlly
developments, Such uses could include: a small grocery store, hairdresser, a restaurant and olher
services on the main floor of residential buildings, Mrs. Morgan stated that the downtown zoning now in
place has not been successful, and that the downtown has lost many retail businesses. She felt that this
demonstrates there 15 ample commercial area to be redeveloped without rezoning this small residential
area In question, She fell to allow vendors, businesses, personal services, etc, in this area would not
enhance the quality or life in the neighborhood, She added that many violations of the current code E:!XiSI
and should be enlorced.
P & Z MINUTES
6
08/04/92
Mr. Shuford presented a map to the Board noting the north expansion or the Bayfronl District, and
explained that primarily residential development is expected in this area, Mr, Shuford pointed out the
mixture of land uses inclUding CR.28, Open Space/Recreation, Public/Semi-Public, RM-16 and RM-28,
He noted that the idea behind the is expansion is to place this particular area under one zoning which
would allow the Cily 10 better address the differenl uses, Mr. Shuford stated thai many of the uses as
, ': . "..!".' '.' , : . '," ,', " '.,'..'. ' ' I.' , ' , .', . ',. , I: ("," . ", 1:' .. ' :. ."
('"''''
mentioned by Mrs. Morgan would be condilional uses, and that the purpose of allowing vendors is
intended to allow them primarily in Coachman Park and other public areas.
Richard Haworth. 551 Saturnt Public Affairs Director of the Church of Scientology, stated that he was
concerned about the Fort Harrison area where it was proposed to change the zoning from Urban Center
Core to Urban Center Bayfront.
Mr. Shuford referred to the map and explained In detail the zoning in this area,
Mr, Haworth stated the reason he is concerned is that tills change would make the Ft. Harrison Hotel a
non-conforming use with regard to density, height, and setbacks. He added that there are no buildings
In this area that could be rebuilt with the proposed zoning change, He added that some space now being
used for counselling and training will be converted back to rooms and anticipates a problem with doing
that with this change, Mr. Haworth felt that the zoning should not be changed In a way that would create
so many nonconforming uses.
Mr, Shuford explained that the exiting ~ would not be nonconforming but the dimensional requIrements
might be. If any buildings are damaged more than 50% of their value they could not be rebuilt without
a variance.
In response to questions by the Board, Mr, Shuford stated that the staft recommendation will be based
on the general direction of the Board. He noted that regarding the creation of nonconformlties, the Board
has stated its desire to minimize the number or nonconformities created by the Downtown Plan or at least
make problematic uses conditional uses so thalthey can be reviewed separately, Consequently, staff will
recommend changes In this case to minimize nonconformities.
Carol Cicero, 1730 Rosery Road, owner of Clearwater Radiator, stated that slle felt that they have
resolved their problem with the proposed zoning by filing an application for conditional use in order to
expand their faclHty in the near future, Ms. Cicero stated that as long as they can continue their use of
vehicle service and planned expansion, which is what they bought the property for, that they are in favor
of the Downtown Plan,
Mr. Shuford added that this property is currently zoned General Commercial in which vehicle service
requires a conditional use permit, as it would in the proposed Downtown Plan. He added that Ms. Cicero
is applying for a conditional use with expansion plans to the Board in order that their current use of the
property will be protected.
Mr. Smallridge. Harbor Bluffs Condominiums, stated that he is confused as to what the long term plan
Is.
Mr. Shuford explained in detail that what is being proposed is a !ihort term; transition Downtown
Development Plan, He added that there are many important issues to be resolved relating to the
Downtown ranging from a consolidated City Hall to the Maas Brothers property, and the East End Project
(Missouri Avenue and Cleveland Street). In the interim, the proposed Downtown Plan would seNe a
period of approximately five years and then be updated as a long term plan.
Mr. Smallridge asked if the three projects Mr, Shuford mentioned require rezoning. Mr. Shuford stated
that they would not, with the exception of the East End Project which would require some change in
zoning as the properties have a mixture of zoning designations at the present time,
Mr. Smallridge stated Ihal with what he has heard today he tell that it is a good plan and that the City is
moving in the right direction and Il1at his concern is 10 maintain the quality ot his neighborhood,
Mrs, Morgan speaking again, asked Mr, Shuford to explain what is meant by 'mainly residential' uses, and
how allowing uses such as indoor retail sales, businesses, vendors, personal selVices, elc. as permittod
uses would enhance this resIdential area.
P & Z MtNUTE:S
7
08/04/92
,'.,:.' " .~,."l.~u V".,~"'..',... '" :: ,:.,'~' '. ",. ,",~-. '.".. ,.' '. '~','."~,,~,".:
Mr. Shuford explained that those uses are currently permitted uses in the Baylront zoning district. Mr.
Shuford explaIned that tn Mrs. Morgan's area the Illost likely development will be residential and the
Bayfront district would allow substantially higher density for residential development than exists now which
would be a grealer development incentive than the other small scale permi"ed uses, Mr. Shulord added
that, as Mrs, Morgan had mentioned previously, a mlxlur8 of commercial and residential uses in this area
would be appropriate.
, e
,
Mrs. Morgan staled she felt the mixture of commercial uses should be within the residential buildings
rather than separate retail establishments. She added that she lelt allowing the uses as listed would not
promote the type of development desired for this area,
Mr, Shuford stated that retail shops and restaurants are not surviving on Cleveland Street that it Is not
likely that sImilar businesses will be established along Osceola Avenue, He noted that Mrs. Morgan
brought out a critical pornt, do we want a zoning proposal more open to market flexibility, or one that is
very specHic. For example it could be specified that In this particular area of downtown that the only way
a retail use would be acceptable would be withIn a residential buJlding of a certain size,
Mr. Hamilton stated that there is redevelopment potential in the area around Hyde Park, and that people
have come back to the area because of that blend of retail and residential. He felt that this area has
grown and Improved as welf as Increased the value of properties in this area and that this is an example
of what the blend of the two uses can do.
Mrs. Morgan responded that she feit Hyde Park is beautiful but it Is a much larger area and that the area
in question here is just 17 acres. She asked why the area on Osceola. north of Cedar up to Venetian
Point, has not been suggested to be rezoned to Commercial.
Mr. Shuford stated that In discussing Downtown Plan with different groups, the North Fort Harrison
BusIness Association recommended that It extend Downtown zoning to Venetian Point, but staff feels it
is not desirable to bring a zoning that intense that far north. The uses to the south of the marina are
mixed uses, but to the north they are primarily single family residential.
Florence Drlggst Harbor Bluffs Condominiums, stated that with regard to the distance from buildings
to the water that no other building can go as close to the water as Harbor Bluffs, She felt if Osceola could
be. closed off there would be enough land for development without being closer to the water.
,'.
Discussion by the Board and staff included the following comments:
Ms, Martin commented she felt that in developing the Bayfront including the Maas Brothers property that
the City should consider a downtown similar to what Baltimore has done such as Installing a boardwalk
with small shops. ete, rather than building commercial uses 50 close to the residential areas. Ms, Martin
asked whether a use for the Maas Brothers site had been determined,
Mr, Shuford stated that the Maas Brothers Task Force has concluded that an arts center should be the
primary use lor that property,
Mr, Hamilton stated that he felt the discussion should not be site specific and should be focused on the
overall plan. He felt that the market must have the opportunity to determine what kind 01 developments
can work, othelWise they will go elsewhere and the area will continue to deteriorate, Mr. Hamilton stated
he felt the plan is an good proposal and that the staff has done an "excellent, excellent, excellent" job in
pu"ing the plan together.
Mr, Shuford stated stalf would like a general consensus of the Board on the Downtown Plan to report to
the City Commission which will be having a special work session on the plan on August 14, 1992.
Mr. Mazur questioned t/18 issue of creating nonconfocmities in the area of the Fort Harrison Hotel.
Mr, Shuford stated that the overaH uses tit better in the Baytront district but given the earlier direction from
P & Z MINUTES
B
OB/04/92
" ," ..,"': '..' . ' " ' I .. -~.. ~:; ~ . . '_,;,; . I .. '. .. ~ ',' ~, ,.. . i I . . ~ . . . I 11"" '. '. ~ '. :.... . "', I. " I.. I.: : ,: . ".
the Board to minimize nonconformities, the staff would recommend dropping the zoning change to
Bayfront from Core.
(';'~,..
Mr, Hamitton stated he felt that in general the plan is aimed In the right direction, that there are some
Issues to be worked out, but the plan is very solid and It should go forward,
Mr. Bickerstaffe felt the eRA should stay the same and concentrate on the core area. The zoning should
be lined up and allow the market to come in. He felt the plan Is a very good start and is going In the right
direction,
Mr, Mazur agreed that being too specific should be avoided, and it is the consensus 01 the Board to
recommend that the Commission look at zoning that minimizes physical non conformities and that the
benefits outweigh the negatives, .
Mr, Savage commented that in regard to the long range plan vs, the short term plan, it can't be to
restrictive or it would never get off ground. He fell the Plan meets the needs for Downtown development.
A moUon was made by Mr. Hamllton, and seconded by Mr. Savage, that it Is the consensus of this Board
that the City staff has significantly demonstrated the need for a new Downtown Plan and the plan
presented meets that need, and the Board recommends this plan continue forward in a positive veln with
it becoming the blueprint for downtown revitalization while minimizing the number of nonconformities,
Motion carried unanimously (6 to 0).
4, (ConUnued form 7/14/92) Ordinance No. 5236-92 or the City of Clearwater, Florida, relating to
the Land Development Code; amending Section 134,015, Code of Ordinances, to delete the sign
variance application deadline; providing an effective date. (LDCA 92-08)
Mr. Shuford explained the ordinance and presented, in writing, the staff recommendation, Mr. Shuford
discussed with the Board issues concerning nonconforming signs and related variances.
A motion by Mr, Hamilton, and seconded by Mr. BlckerstaHe, to recommend that the City Commission
approve Ordinance No, 5236.92), Motion carried unanimously (6 to 0),
5. Ordinance No. 5264-92 of the City of Clearwater, Florida, relating to the Land Development Code;
amending Section 136,004, Code of Ordinances, relating to height limitations, to eliminate a height
bonus provision for properties having required minimum floor elevatlons, and to allow parapet
walls to extend above maximum height limitations; amending Section 137,005, Code of
Ordinances, to revise the definition of "Height"; providing an effective date. (LDCA 92-12)
Mr, Mazur stated consideration of this ordinance will be continued to the September 1, 1992 meeting.
E. CHAIRMAN'S ITEMS
Mr, Mazur stated sometimes the maps with the applications are not clear and are difficult to read,
Mr, Polatty stated staff is In the process of digitizing all zoning maps. Mr. Shuford stated this is a long
term plan to improve the maps, however in the interim he will make sure that names or streets are clearly
marked,
Mr, Mazur asked il a conditional use permit for pet grooming is required for the Pet Smart shop in the
center at US 19 and Countryside, Mr. Shuford stated that staff delermined that the small area they are
allocating for pel grooming in that building is an accessory use. Mr. Shuford stated he will look into this
use and report back to the Board.
P & Z MINUTES
9
08/04/92
,...........:. '....I.~.....9,....,::~...;....9.'.'~: ~ ":'.. :.' " ..: /.",'.: 9 '.....' .,' ,i~. ';:.'. ". .' .'.';"
F. DIRECTOR'S ITEMS
G.
BOARD AND STAFF COMMENTS
r'
\
Ms. Martin thanked staff tor the' maps provided in the presentatfon or the Downtown Plan.
Meeting adjourned at 6:05 p,m.
Planning and Development
I,
,.'
,.
i
(~:
.,
'----,.
P & Z MINUTES
\0
08/04/92
.'r:oR'fv,-ss-MEM'oRANourvfUoF"V01'ING CONFLICT FOR('v9~-_-;.
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LA~.t NM,tF_IlIlSI N^"'L;-MIUlIU IMM!!
C A ((./tS5 it.s ,- -S 0 H N -
r>\,lllN{; AI)UllI.S~ ,
1f/60 Gulf- Blvd. Rp-f: 607
("11\ ( "1/111 \"
C{eUlrL0~ p,'()eAl~
"^' I.: ON \\ lilt II V(l11. on 'Will:\!
tI^~H': 01 1101111:1), tOlll~CI\..l"Mr.11!i!ilOU. AUlIlORrTl. OR CO"'MIII[E
-PIt:( II /} ,'Y1,1({ 't? ~,. ^ ' "
1111: Illl^Ill), {,OllfJ;fi UI~I"'I!i~I(lt~, ^UIII JRII",(IR (UMMII1H 014
WlIlllll SEIIVI; 1$ A UI/II 01:
,~ I' (lIurll\, '! Illl11llrlll"M AliENO'
NMIE Ul r'Ul.1I1t^I, suniliViSlOll:
C (c?6\ rW.C>.--f~
II UITIIV(,
~NII\'r.
Ml" l'OSlllOr~ IS'
WHO MUST FILE FORM BB
l:his rorlll i~ ror Il~C hy all)' pClson !icrvinl: nl thc COllllly, cit)', or ollicr locnllclcl or gnvclIHllCllt 011:\11 :1pPlJillled or cleclcd board,
council, l'Ollll11is!;ioll, nul 1101 il y, or CClll1l1li11 ec, II npll1it!i clJII:llly 10 I1lClllhcrs or atlvi~OI y :lml 1I00HHh'isor y hotl;cs who alc Ilr c!icntcd
with a voting conniel ur intcrcsl \llldel Scctillll I Il.Jlo1J, Florid" 51:11111CS, Thc Irqllill:llICnl!i or Ihi!i lnll' nrc IIInndnlory: although
.he II~C uf Ihis pallicl1lur form is nnl rC(llIi,cd hy l;u\'. )'011 "re CIlCOlIIOlr.cd 10 ll~~ it ill mnkillg thc (ll~c1o~lIlc rcquircd h)' lnw.
rOllr tc~pomihililies IIl1dcr Ihc la\\' whCll f:l\.:cd wilh n lIIca~lItc ill \\ hich }0l1 hll\'(' ;1 conrtiet or illlClt!;1 will \'011 r f,ltnlly (1cpcmlirll:
(III whclhcr rOll hold nn e1ccli\'c III nppoinlivc pmilion. For thi~ lcn'>OIl, plca~c 11")' clmc nllcnlion wlhe instrllctions 011 thh lorlll
bdOl(, complcting the Ic\'cr~c sidc nlul 1ilillf, the fOllll,
INSTRUCTIONS fOR COMPLIANCE WITH SECTlOH 112.3143, FLORIDA STATUTES
" 0
\......,.LECTED U FFI tEns:
I A pcr~OIl holdillg clcrli\'c C0\1I11r. ll111I1idp"l. (11 (JlhCl 1{lral pllhlk nllke f\IUS [' AilS rAIN 110111 \'nlillp. 01'" IIIca~lIIC \\ Itieh illlllc~
to his !;pct:i;ll prh'nlc gaill, each local ullil:cr aho is JllOhibilcd 11ll1l1 kllowi11gly IOling (111 n lIIcasurc \\ hich illlltcs 10 Ihe spcdnl
gnill of " plilll:ipnl (olhcl IlIall a r,O\CrlllllCIII nncllc}') by \\ horll hr is JClaillcd,
III cit her ClISC, YOII should disclosc I he cOllllkl:
PHlaR H) 1'11[; VUrI:: BEING 'IAI~EN h)' Pllhlidr ,~lnlillj! 1l,1hc n~~elllhly IIH:' 11:11Ull' llf rOllr iUIClr!;1 in lhc I11C:lSIll(' (Ill
which YCl\1 are allsl alII illg /rOlll \'01 jug; (HId
\\' [TH I N t 5 O^ \'5 A FTEJt 'I'll E VOTE OCCU ItS 11)' COIllph:1 illg :lml I ilillg lhh kit 111 lI'il II lite per SOli responsiblr for recfllllillf.
Ihc llIinUICS of Ihc I11CClillP., who shollld incorporale Illc 101111 ill Ihc lIIill\llc~.
AI'I'OIN'r ED UITI celts:
^ pcrson holdinl! nppnilllil'c COUlIC)'. lllllnicipal, ur luhrr Incal p11hlic olfkc 1.IUS'1 AIlS'IAIN frlllll \'olin!; on :I lIIea~IIIC which
inurcs 10 his speci.1I pri\'illC gnin, Elich Joc"l.~licCI nlso is prollibiled /rOIll knowingly volin!: UlI n IIICa,~llIC wllich illures 10 Ihe
special g:lin of ;I Illim:ip:ll (olhcl IlwlI " gO\'CI nlllclIl :igcncrl by 11'11011I he- i~ retained.
A persOIl IInldill!; :III :lppl1inlivc IOl'al ollice 01 hClwi~~' n1HY parlil'ipare ill :I Imlllcr ill \I hieh he IHl~ tl eOIl/liel of inlcIC~r. bul rllll~1
disclmc Ihr lIal111c or the ccll1l1icl hdore llwking allY alll'lIlpllo inflllCIlCC lhe dcdsioll hy mal 01 wrirlen co 111 111 U II i!: ,11 ion, whelhcr
IIInur by lilt' officer or :II his'dircclioll, "
I F YOU INTE1-J1) 'I (l 1\1,\t~ E ^ NY An 1.:1.11' r '1 U I NFI.UEr-JCE I f.I [ lJECISIUI-J l'lUOH to 111 E r-.IEE'11 NG ,\I" \\'1 Ilell
TI.!c VOTE \\'11.1. BE TAt~Er-J:
--
. YOII ~holllcl CUll1plclt' ;11 II I rile Ihi~ f011ll lhclort' tllaldng nllY :lllClllpl III illllllrllcc lb.: dcdsionl wilh the pcrson rc~pomiblr lor
recOIding the lIlillllll:S uf lhe 1I1C~'lillr., wl10 \\ill iIlCll.plH"Il' Ihe tllllll in lhe lIlinllles.
. ^ cop)' of lht 10111I !ihould be Pl[nidcd illl1l1cdi,lldy III Ihe nltlC! 11IClllllrl~ Ollhc allelIC}'.
· 'r ht' lmlll shollld lIr rC:Jl! publicly al [lIc IIlC1:lilJ):: prinl IQ cOII\id~'I"liolJ of lilt: malll:1 ill which YOII h,we n conllicl 01 inlerC:51.
I ,,,./\ I'll III ~"
. 1.",;/ { '. ." '. \ > ' .} I I" ' " . ~. .": . '. : I .' r I,' " " ,".'" ,. ," " ~ I' . : '. ' 'IJt ~ :,'"' , i " ~, . "
ro~@~ow~~
, ,
I: YOU l\J^"E NO ATII~l\ll'r 'IV INJiLl1l!NCE TilE DEeISIOf" E:\CEI'f' IIY UISCUSSION AT elW,'C!t~~lr8h",""
\'011 ~hqllld disch,se m;,lIy Ihe 1l11I\l\t ul }'\HIl l:onmCI ill lhc l\lcn~"'t' hd(llt' l'a'lkipnliIlJ:. r"
Ynll ~h\l\lltl cOIlIl'lCle Iht' 'mill nm! /ill: il within I~ day~ nIle. lilt' \'ole (lCClIn willi 1111: pelsolllcSPOIlSih1c ror recording lilt' lllitHll!:!
or I hc IIlccl it1t:. who shlluld illl:0'lI(l1 11 Ie I he 'or 111 I II I hc llIil\lIlr~,
, ,
: ". ~. . ..
, - .-.
"
",.- .'
... .
, .
---SD~ '^
, DISCLOSURE OF lOC^L OHICER'S \tHEREST
G7 r~ ..$-5/io.:' 5. hw:h)' lIhtlosc Ihal on 'if? ~ Lf-
. ~. .. .' i-~
"
"
.
. '
.' .
'I?q~
a) A lUc;tStll e Clll\IC (II will cume helm I: my ;lgC\lC~' whicll (chcck OIlC)
__ illUH:d 10 Ill)' Hll:dnl pI ivall' l\aill; Of
. . f.---. ~ ? .
~t'i\"\,;\'d 10 Ihe !.peda1lmin or ~7}/~-Lf::!..<...Lu::...-:::~~
1,)) 1 he 1lIl:11SUll: helmc 1\1)' ngcll~)' tllllllhe 'HlIIlIC or HI)' illlCICM ill Ihl: 11IC:151111: h ll5 Inlln\\'!;:
, try whom I aliI rClailled.
.fln" 0 A'~~ ~:ct.. ~
I '~~vvv~ ~
~~il~L:iiu~_
I'
\..-.
.-<:
...f/If~__. .._~_'._ ____.____._.
:lIC Kil:~;
9.2:(~ <;S-~U"')c1~~'-
.. Sigllilllll C
"
. >--'-
OIICl.' LINDER I'H()\-'ISIlH-JS llF FU.HUU^ SI'M'It"JES ~112,.117 W>R~I, ^ FAIIUIU:: '10 ~t^,~E AN)' HEl)IJlHED
ISCLUSURE CONS l'llll'l ES (iItOUHDS rOH ^t~D ""^ 'I' liE l'UI,n~,IIE\) II'" nt.JE on 1,I()HE OF '] II E FOI.Lf..)\\'If.J(j~
II'E,I\ CI r 1\ II: f'H, It 1;1, HJ \' ^ L Olt SU:-; "[:.NS IlHJ r It l,lId I liT I("E OH HII'Lt l'd" Ell r, lJEt-.lt)"[ 10/-1, It ElJUC IIUt" 1/-.1
"I~Y. HEl'ltlhlAl'JI), uP, ^ 1 IVl\. l'U':,\1 I Y tlPI "If) F:--;r.Pl:p }~.nno,