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09/01/1992 (2) .~ ~'.~ ,t' :,...':":., . '. ,. ..: .:, ...-...... .'i " .: ~~' .":,'.:,.,~ / /' 'I " ~:" " :-, '. ',"', ,:~"', ... ~ . '~"'. ,',. ' .. PLEDGE OF ALLEGIANCE INVOCATION ACTION AGENDA PLANNING & ZONING BOARD MEETIt'JG TUESDAY, SEPTEMBER 1,1992 - 1:30 PM d.:ty I '" , '. ' '^-" A. ITEM APPROVAL OF MINUTES 1. August 4, 1992 . 2. August 1 B, 1992 - I~~ @ ~ a w [g~ fro SEP 1 0 1992 10 APPROVED APPROVED CflY CLERK Ofifl" B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. (Continued from 8/18/92, 8/4192 & 7/14/92) Part of Blk 2, Baskin's Replat Resub, (2179 Gulf to Bav Blvdl Herbert E. & Jane B. WolJowick (KCMT Entertainment, lnc./Sweaty Eddy'sl, CU-92-45 Request - To permit on-premise consumption and package sales of beer. wine, and liquor Zoned - CG (General Commercial} Withdrawn c. CONOmONAL USES: ,. Lots 15, 17. and 18, Mac Dixson's Sub 1405 S Greenwood Avel. Victor S. and Carol A. Cicero (Clearwater Radiator & Air Conditioning!, CU 92-60 Request. To permit vehicle service expansion Zoned. CG (General Commercial! ,~ Approved (motion by Mr. Bickerstaffe. and seconded by Mr, Hamiltonl subject to the (ollowing conditions: I) This contlilion;J1 use is based on tbe application far a conditional use and documents submitted by tile applicant including maps. plans. surveys. iJnd other documents submitted in support of the applicant's request for a conditional use permit, Deviation from any of the above documents submitted in support of the request for a conditional use permit regarding tbe work to be done with regard to the site or any physical structure located on tho site, may result in this conditional use pennit being null and of no effect; 21 All service bays sllall be located within an enclosed building and all servicing sl1all be conducted indoors.' 31 Entrances to any service bays sllall be appropriately oriented with respect to adjoining uses,' 4} All used tires. parts. and similar objects shall be stared in a building or other enclosed structure; 51 Major repairs shall be authorized including engine or transmission dismantling. painting, body, fender, muffler, top, and upholstery work; 6} Approval is for a *conceptual. plan only; all parking and otber Code requirements shall be met prior to issuance of a building permit; 7) The perimeter landscaping requirements of Sec. 137.023 shall be met on the south, east and west sides of tfl(] property and on the north side of the property to the extent possible; 8} All TCQuisite permits shaIJ be obtained within 36 months (rom the dale of this publiC hcaring. Motion cam'ed unanimously (5 to OJ. 2. Isle o{ Clwf Condo, {ZOO Dolphin Point\. Isle o{ Clwr Condo Assoc. Inc., CU 92-61 Request. To permit a marina consisting of five catwalks and twelve boattifts Zoned - RM.20 (Multi.family Residential! and AL/C (Aquatic Lands/Coastal! Approved (motion by Mr. Hamilton, and seconded by Mr, Bickcrstaffel. subject to the following conditions: 1) This conditional use is based on the application for a conditional use and documents submitted by the applicant. including maps. plans. surveys. and other documents submitted in support of the applicant's request far i1 condition;}1 use permit. Deviation from any of tile above documents submitted in support of the request for D conditional use permit regarding tha work to be done with ragard to the site or any physical structure located on the site, may result in this condition.11 use permit baino null and of no efft.'Ct; 21 Tile applicant shall obtain the requisite building permit witllin 2 years of this public hearing; and 31 Tile boat slips shall be exclusi't'ely (or tllC personal use of tllC residents ot tllC Isle of Clearwater (ona slip por unltJ and the slips sJl.1ll not be rented or leased. 't,~. P & Z ACTION AGENDA 09/01/92 O. ANNEXATION. ZONING. LAND USE PlAN AMENDMENT. LAND DEV~lOPMENT CODE TEXT AMENDMENT. AND LOCAL PlANNING AGENCY REVIEW: . . :~ . :0 . . Ordin,ar:'lc~.,No: 5264.92 of the Citv of Clearwater, Florida. relating to the land Development Code; amending . Section 136;004, Code of Ordinances, relating to height limitations, to eUminate a height bonus provision .'or properties having reQuired minimum floor elevations, and to allow parapet walls to extend above r m!x;ml,)m heIght limitations; amending Section 137.005, Code of Ordinances, to revise the delinition of WHeightW; providing an effective date. (LDCA 92.121 .....~.;:~ j~; \ .. ~:. Recommended City Commission approve Ordinance No. 5264-92 with revised definition of height. {motion was made by Mr. Hamilton. and seconded by Mr. Savage}. Motion carried unmlimously 15 to OJ. (""; 1.. ,.. \, E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS G. BOARD AND STAFF COMMENTS { \..~ .''''__r 'j P & Z ACTION AGENDA 2 09/01/92 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, SEPTEMBER 1, 1992.1:30 PM PLEDGE OF AlLEGIANCE INVOCATION Members Present: Messrs. Blckerstaffe (arrived 1:34 p.m.), Carassas, Hamilton, Merriam, and Savage Members Excused: Mr. Mazur, Ms. Martin Also present: Scott Shuford, Planning Manager James M. Polatty, Jr., Director of Planning and Development Doreen Feldhaus, Recording Secretary This meeting was chaired by John Carassas, Vice Chairman. ITEM A. APPROVAL OF MINUTES 1. August 4, 1992 A motion was made by Mr. Savage, and seconded by Mr. Hamilton, to approve the minutes of August 4, 1992. Motion carried unanimously (4 to 0). 2. August 18, 1992 A motion was made by Mr. Hamilton, and seconded by Mr. Sickerstaffe to approve the minutes of August 18, 1992. Motion carried unanimously (5 to 0). '. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. (Continued from 8/1 8/92, 8/4/92 & 7/14/92) Part of Slk 2, Baskin's Raplat Resub, (2n9 Gulf to Bay Blvd) Herbert E. & Jane B. Wollowlok (KCMT Entertainment, Inc./Sweaty Eddy's), CUM92-45 Request - To permit on-premise consumption and package sales of beer, wine, and liquor Zoned. CG (General Commercial) Mr. Shuford stated a letter of withdrawal had been received from the applicant. P & Z MINlITES 09f01/92 C. CONDITIONAL USES: 1. Lots 15, 17, and 18, Mac Dixson's Sub (405 S Greenwood Ave), Victor S. and Carol A. Cicero (Clearwater Radiator & Air Conditioning), CU 92-60 Request - To permit vehicle service expansion Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submined, in writing, the staff recommendation. Applicant's representative, George Greer, 600 Cleveland S1., gave the history of the applicants' property and stated that they purchased additional property In mid 1980 with the intent for expansion. Mr. Greer stated they concur with the recommended conditions of approval with the exception of the time required to obtain permits. He felt the condition requiring that all permits be obtained within 1 B months should be deleted. Mr. Greer stated that all vehicle service work will be done indoors and the applicants want the ability to expand the business, at which tIme all development requirements will be met. Mr. Greer asked that the current use of the property be legitimized by the Board. .,,', ,.,1"; '. ,<I,', .... ....'.j....~ ,:~'.I~,' ;~:.~ .',..j',:, .:..'.':.. ...:...:....;.,..:;.,.....~ . ..'~. . -/.'- ,:"l. ,._~. '..:, 'in response to questions by the Board, Mr. Greer stated the expansion wiU take place based on the trend of the economy. . In response to questions by the Board, Mr. Shuford stated that the applicant was concerned they mIght not be able to follow through with the expansion plans as the use would be nonconforming, and the property may experience a loss of value. ThIs property Is In an area for proposed zoning change In the Downtown Plan. Mr. Shuford stated he is opposed to an open end conditional use permit and recommended a Ume period of not longer than two years. He added that the applicant could request a time extensIon should the expansion plans not be ready at the expIration of the conditIonal use permit. Discussion ensued with the Board expressing concerns IncludIng the followIng: the condition Involving a Ume Hmft to procure permits, the rezoning Involved with the Downtown Plan, tho East End Project proposals, and the declinIng busInesses in the downtown area. frQ.;, None Con: None ... '-. A moUon was made by Mr. Blckerstaffe, and seconded by Mr. Hamilton to approve the above request subject to the following conditions: 1) This conditional use is based on the application for a conditional use and documents submitted by the applicant, Including maps, plans, surveys, and other documents submitted In support of the applicant's request for a conditional use permit. Deviation from any of tile above documents submitted in support of the request for a conditional use permit regardIng the work to be done with regard to the site or any physical structure located on the site, may result In this conditional use permit beIng null and of no effect; 2) All service bays shall be located within an enclosed building and all servicing shall be conducted indoors; 3) Entrances to any service bays shall be appropriately oriented with respect to adjoining uses; 4) All used tires, parts, and similar objects shall be stored in a building or other enclosed structure; 5) Major repairs shall be authorized Including engine or transmission dismantling, painttng, body, fender, muffler, top, and upholstery work; 6) Approval Is for a 'conceptual" plan only; all parking and other Code requirements shall be met prior to issuance of a building permit; 7) The perimeter landscaping requirements of Sec. 137.023 shall be met on the south, east and west sides of the property and on the north side of the property to the extent possible; 8) All requisite permits shall be obtained within 36 months from the date of this public hearing. Motton carried. unanimously (5 to 0). It was the consensus of the Board that the Intent of the motion for approvalls to give the applicant up to three years (depending on the economy) to go forward with theIr plans for expansion; and that the plans are accepted as conceptual and shall be finalized In accordance to City code requirements. 2. Isle of Clwr Condo, (200 Dolphin Point), Isle of Clwr Condo Assoc, Inc., CU 92.61 Request - To permit a marina consisting of five catwalks and twelve boat lifts Zoned - RM-20 (Multi-family Residential) and ALJC (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, In writing, the .staff recommendation. Mr. Shuford added that they expoct a large number of slips to have catwalks and boallifts installed, and that this is generally a blanket approval for the property. \ "-.' Applicant's representative, Myron Gibson, 2948 Fairfield Courtl Palm Harbor, stated that the owners held a meetlng at which it Installation of catwalks and boatUfts was approved by the association (presented a copy of the minutes of the assoclatlon's meeting). Mr. Gibson stated that the use Is intended for the owners, which will enable them to be able to take better care of their boats. Mr. Gibson stated he would like one or two years time to complete the project. In response to questions by the Board, Mr. Gibson stated that three boatlifts and catwalks will be constructed wIthin 30 days of permitting. Mr, Gibson respondod that the slips are owned by each Individual unit. P & Z MINLJTES 2 09/01/92 .. . . . : ~. , ~ .. ." ,... "," "F,' . . { '. . , ,. . . - " ,I} ,'I' 'I' . '1. ..' :/.. ' '. ' ,'. , . , " : I I." , ,.:.\~) ,,' '. - "-.-. ) '.. .-, ~ '- j Pro: None . Con: None A motron was made by Mr. Hammon, and seconded by Mr. Blckerstaffo to approve this request subject to the following conditions: 1) This conditIonal use is based on the application lor a conditional use and documents submitted by the applicant, Including maps, plans, surveys. and other documents submitted in support of the applicant's request faT a conditional use permit. Deviation Irom any of the above documents submitted In support of the request for a conditional use permit regarding the work to be done with regard to the site or any physical structure located on the site, may result In this conditional use permit being null and of no effect; 2) The applicant shall obtaIn all requisite building permits within 2 years of this public hearIng; and 3) The boat slips shall be exclusively for the personal use of the residents at the Isle of Clearwater (one slip per unit) and the sUps shall not be rented or leased. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. 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 Ifmllations, 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) Mr. Shuford explained the intent and purpose of the ordinance. Mr. Shuford presented a revised definition of 'height', and stated that the Development Code Adjustment Board had rocommended approval as revised. A motion was made by Mr. Hamilton, and seconded by Mr. Savage, to recommend that the City Commission approve Ordinance No. 5264-92 with revised definit!an of height. Mat!on carried unanimously (5 to 0). E. CHAIRMAN'S ITEMS - None f. DIRECTOR'S ITEMS Mr. Shuford stated that the PPC Consistency Program will be coming in October for the Board's review. Also in October staff will be presenting a Redevelopment Plan for North Fort Harrison/North Myrtle Avenues. Mr. Shuford noted copies were provIded to the Board members of an article of inlerest from SoutlJorn Living, regarding downtown development projects Including one In Boca Raton. G. BOARD AND STAFF COMMENTS Mr. Merriam asked what happened to Andy's Autos. Mr. Shuford explained that the owner was contacted many times by staff and he was not willing to abide by several of the conditlons of approval for the conditional use and staff received continuous complainls by surrounding resIdents of violations of code. Mr. Shuford stated in response to the golf course Issue that it appears that a CX Jfcense is the only one that allows consumption on the course itself. Meellng adjourned at 2:35 pm, James y, Jr., Director of Planning and Development P & 7. MINUTES 3 09/01/92