02/27/1990 MINUTES
PLANNING & ZONING BOARD
TUESDAY, FEBRUARY 27, 1990 - 1:30 PM
Members Present: Chairman Johnson, Ms. Nixon, Messrs Mazur, Schwob, Ferrell, Green and Hamilton
Also Present: James M. Polatty, Jr., Director of Planning and Development
John D. Richter, Development Code Administrator
A. Motion was made by Mr. Hamilton, seconded by Ms. Nixon, to approve the minutes of the February 13, 1990 meeting as written. Motion carried unanimously (7 to 0).
Chairman Johnson 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.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
B. Conditional Uses:
1. M&B 32.05, Sec. 13-29-15
(505 Virginia Lane)
William and Hope Georgilas
CU 90-13
Request - 1. Indoor storage and/or warehousing
2. Auto parts wholesaling/ distributing
Zoned - CG (General Commercial)
Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation.
Mr. William Georgilas, the applicant, stated it is his intention to move his existing auto parts distribution business to the above location. In response to a question by the Board,
Mr. Georgilas stated there will be no repair work done, just auto parts distribution.
No persons appeared in support of or in opposition to the above request.
A motion was made by Mr. Hamilton and seconded by Mr. Ferrell to approve the above request subject to the following conditions: 1) All City development codes shall be adhered to in
the development of this property for the proposed use, including parking, loading and landscaping standards; 2) No deliveries to the property shall be permitted between the hours of
7:00 PM and 7:00 AM, Monday through Saturday; no Sunday deliveries shall be permitted; 3) An occupational license must be procured within six (6) months; and 4) Address number must
be displayed on the building as required by Code. Motion carried unanimously (7 to 0).
2. Lot 1 and part of Lot 2, Blk. 77,
Mandalay Sub. #5 (50 Royal Way)
Joseph F. Nicholas and Mary Grasso
(Horizon Waterfun and Charter Service)
CU 90-14
Request - To permit boat charter service
Zoned - AL/C (Aquatic Lands/Coastal)
Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Nicholas Mastorides, the applicant, stated the business is a small charter service operating with a 14 ft. boat. He
has no intention to expand the service. In response to questions by the Board members, Mr. Mastorides stated the maximum passengers is one (1) if it is a fishing charter, two (2) if
not for fishing. The hours of business will be limited to daylight hours only.
Discussion ensued with the Board members expressing concern over the parking requirements for this use.
Mr. Robert Grasso, stated the Surf N Sand Motel has only 15 rental rooms, and the parking is off street, paved, striped and each slot had a parking stop, and to reserve 2 parking spaces
for the above request would not generate any problems.
Mr. Polatty advised Mr. Steve Doherty of the Planning and Development staff consulted with the Harbormaster and relayed that the Harbormaster has no objections to the above request.
A motion was made by Mr. Schwob and seconded by Mr. Green to approve the subject request subject to the following conditions: 1) Two (2) of the Surf N Sand Motel parking spaces shall
be designated as reserved for the charter operation by permanent signage; 2) No vessel exceeding eighteen (18) feet in length shall be used in the charter operation; 3) No overnight
charter boat storage shall be permitted at the subject property; 4) An occupational license must be procured within six (6) months; and 5) Parking situation be resolved by staff.
Motion carried unanimously (7 to 0).
C. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment, and Local Planning Agency Review:
1. Central Park Resub, Part of Tract A
(Parcel A), Located at the Southeast
Intersection of Drew Street and Mercury
Avenue. (Metco Development Corp.)
A 89-26, LUP 89-21
Request - Annexation and Zoning,
RM-16 (Multiple Family
Residential)
LAND USE PLAN:
FROM: None
TO: Medium Density Residential
2. Central Park Resub, Part of Tract A (Parcel B), Located at the Southeast Intersection of Drew Street and Mercury Avenue. (Metco Development Corp.)
A 89-26, LUP 89-21
Request - Annexation and Zoning, CG (General Commercial)
LAND USE PLAN:
FROM: None
TO: Commercial/Tourist
Facilities
Mr. Polatty gave the background of the above 2 cases and submitted, in writing, the staff recommendation.
Mr. Mazur excused himself from this item, as Metco Development Corp. is a client of his business for other sites.
Mr. Nugent Walsh, attorney representing the applicant, stated this property is an enclave and is eligible to be annexed into the City. The property is consistent with the surrounding
uses and meets all other requirements of the City and asked that the request be approved.
Mr. Max Battle, an attorney also representing the applicant, stated in response to questions by the Board advised there are no changes planned for the subject property as it is built
up and occupied.
Motion was made by Mr. Schwob and seconded by Mr. Hamilton to approve the above requests (agenda items C-1 and
C-2). Motion carried unanimously (6 to 0).
3. Lots 8 and 9, Blk. G, Sall's Sub. Located at the Northeast
Corner at the Intersection of South Missouri Avenue and
Belleair Road (Lazzara Family Partnership)
A 90-01, LUP 90-01
Request - Annexation and Zoning, CG (General Commercial)
LAND USE PLAN:
FROM: None
TO: Commercial/Tourist
Facilities
Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation. He advised that the applicant is in the process of obtaining a building permit from
Pinellas County and that the County has approved their site plan.
Mr. Johnson stated the applicant was not present. Discussion ensued as to whether or not this item should be approved without the applicant being present to answer questions.
Motion was made by Ms. Nixon and seconded by Mr. Schwob to continue this request to the March 13, 1990 meeting. Motion carried unanimously (7 to 0).
4. (Continued from February 13, 1990)
An ordinance of the City of Clearwater, Florida, relating to the
Land Development Code; amending Section 135.134, Code of Ordinances,
to allow television and radio broadcast studios as permitted uses in
the Commercial Center (CC) district.
Mr. Polatty advised this ordinance to amend the Land Development Code was due to the request for a radio broadcast studio to locate in the Park Place D.R.I. Since the request was submitted,
the radio broadcast studio has since located elsewhere. Mr. Polatty stated that it is recommended the amendment should still be pursued. He advised the City Commission had discussed
this item at their work session and is awaiting a recommendation from this Board. Staff still recommends this amendment be approved, being a similar amendment to one passed last year
which allowed radio and television broadcast studios in General Office zoning districts.
Discussion ensued regarding Code requirements for satellite dishes and towers. Mr. Polatty advised that the satellite dishes and broadcast antennas are addressed in the Land Development
Code, Sec. 137.005. Definitions. The Business/professional office, definition states "A business conducted within an office building, not involving the sale of merchandise. Neither
shall such business involve the on-site storage of any commercial vehicles in the conduct of the business, nor shall there be any exterior equipment or facilities (e.g. broadcasting
antennas, satellite dishes) which are not ordinarily appurtenant to office an use..." However, the definition Business service, states "...Business service uses may include offices
which rely upon the utilization of one or more commercial vehicles in the conduct of the business or which have exterior equipment or facilities (e.g. broadcasting antennas, satellite
dishes) which are not ordinarily appurtenant to office an use...". Therefore, satellite dishes and broadcast antennas are not allowed in OL, OG, BC, CR-24, CR-28, or CC zoning districts.
Motion was made by Mr. Hamilton and seconded by Mr. Green to approve the above amendment to the Land Development Code. Motion carried 6 to 1. Ms. Nixon voted "nay" as she felt the
word "studio" should be changed to "office" to prevent confusion.
E. Chairman's Items - Mr. Johnson stated he enjoyed the farewell luncheon for Mr. Green and expressed he will be missed.
F. Director's Items - None
G. Board & Staff Comments
Discussion resumed regarding the requirement of the applicant to be present for annexation, zoning and Land Use Plan amendment requests. Motion was made by Mr. Mazur and seconded by
Mr. Schwob to reaffirm the policy of this Board that for any item other than the annexation of a single family lot, that the applicant and/or representative/spokesperson shall be required
to be present at the meeting. Motion carried unanimously (7 to 0).
Mr. Mazur commented in regard to item B-2, the two people who appeared today were not listed anywhere on the application. The conditional use application should provide a space that
specifically requires Name/Address of Applicant and/or Applicant's Representative. Mr. Hamilton felt this could be handled by staff.
Discussion ensued regarding the Maguire hearing officer case. Ms. Nixon commented she felt in the recommendation section of the written staff reports, the wording should be ...staff
recommends approval as it appears to be compatible... rather than is, to leave an opening for the purpose of the case going before a hearing officer for appeal. Mr. Polatty advised
that this could be easily handled by stating specific reasons when making motions.
Mr. Green expressed it has been his pleasure to serve on this Board and has enjoyed working with staff and the Board members for the past 7 years.
H. WORKSHOP - Alcoholic Beverage Sales - Mr. Polatty advised staff has no further information at this time.
Meeting adjourned 3:05 p.m.
____________________________________________________
James M. Polatty, Jr., AICP, Director
Planning and Development Department