04/14/1992
MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, APRIL 14, 1992 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Chairman Mazur, Bickerstaffe, Carassas, Merriam, Martin and Savage.
Members Excused: Mr. Hamilton
Also present: Scott Shuford, Planning Manager
James J. Polatty, Jr., Director Planning & Development
Sandra Glatthorn, Senior Planner
Pat Fernandez, Recording Secretary
Chairperson Mazur outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses,
has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings
to support the appeal.
ITEM
A. APPROVAL OF MINUTES
Approved (motion by Mr. Carassas, second by Mr. Savage) minutes of March 17, 1992 with one correction. Motion carried unanimously (6 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. Request for Extension (second extension request, first extension request was for 6 months, original request was for 6 months granted 2/19/91), Lots 118 and 119, Lloyd-White-Skinner
Sub. (348 Coronado Dr.) Robert E. Malke (Rose Garden Restaurant) CU 91-18
Request - To permit on premise consumption of beer and wine
Zoned - CR-28 (Resort Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Applicant's representative, George Greer, 600 Cleveland Street, Suite 685, stated the applicant was caught in a down economy and the plans are not yet to the point where they can be
approved. The extension will coincide with the variance conditions granted by DCAB for the number of restaurant seats.
Pro or Con: None
Approved (motion by Mr. Carassas, second by Mr. Savage) subject to the following conditions: 1) A building permit shall be procured within 60 days from the date of this public hearing;
and 2) The requisite certificate of occupancy and occupational license shall be obtained within eight (8) months from the date of this public hearing. Motion carried unanimously (6
to 0).
2. Request for Extension (first extension request, original request was for 6 months granted 10/01/91), Lots 63 thru 66, 113 thru 117, and part of Lot 112, Lloyd-White Skinner Sub, (325
S. Gulfview Boulevard) Clara and Dorothy Boldog (Americana Gulf Motels Ltd.), CU 91-69
Request - To permit on-premise consumption and package sales of beer, wine and liquor
Zoned - CR 28 (Resort Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Board policy does not require the applicant to be present at the first request for
extension.
The Board advised plans would be useful in considering extensions. Mr.Shuford believes they have been submitted to the City but no permit has been granted as yet.
Continued (motion Mr. Carassas, second Mr. Bickerstaffe) the above request to the meeting of April 21, 1992. Motion carried unanimously (6 to 0).
3. Continued Item, Lots 17-27, Blk 2, Lake Belleview Add, located on the south side of Lakeview Rd between the Seaboard Coastline Railroad and the S Myrtle Ave intersection (Gerald S.
Rehm & Assoc, Inc) Z 90-09
Request - Amendment to the Zoning Atlas
ZONING:
FROM: CH (Neighborhood Commercial)
TO: IPD (Industrial Planned Development)
NOTE: Public Hearing on this item has been canceled.
Mr. Shuford is not aware of when the applicant will submit a site plan and suggested it be tabled. This allows it be reconsidered whenever the applicant is ready. It will have to
be readvertised.
Pro or Con: None
Tabled (motion Mr. Savage, second Mr. Merriam) the above request. Motion carried unanimously (6 to 0).
C. CONDITIONAL USES:
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. Lot 22 and part of Lot 23, Clwr Manor, 1750 W. Manor Avenue, (Joseph N. & Dorothy L. Brown) A 91-08: LUP 91-09
Request - Annexation, Land Use Plan and Zoning Atlas amendments
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
ZONING:
RS 8 (Single Family Residential)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Pro or Con: None
Recommended approval (motion by Mr. Carassas, second by Mr. Merriam) to the City Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential, and Zoning
Atlas Amendment to RS-8 as they appear to be supported by the Standards for Approval of Land Development Code Section 132.005, 137.015(e), and 137.016(e).
LAND DEVELOPMENT CODE TEXT AMENDMENTS:
Mr. Shuford gave the background of each of the below amendments Items D.2 through D.7. Board discussion ensued on each item.
2. Ordinance No. 5194-92, amending Sections 1356.135 and 136.025, Code of Ordinances, to allow veterinary offices and animal grooming and/or boarding facilities as conditional uses in
the commercial center zoning district, and to establish supplementary standards for such conditional uses; providing an effective date. (LDCA 92-01)
Pro or Con: None
Recommended to the Commission that they approve (motion by Mr. Carassas, second by Mr. Bickerstaffe) above Land Development Code Amendment with Sec. 136.025 (28)b. changed to read:
"There shall be no overnight boarding of animals unless determined by the planning and zoning board that such boarding facilities are sufficiently soundproofed, air conditioned and are
made available only to animals requiring veterinary treatment." Motion carried unanimously (6 to 0).
3. Ordinance No. 5189-92, amending Sections 135.011, 135.017, 135.023, 135.029, 135.035, 135.036, 135.037, 135.043, 135.044 and 135.045, Code of Ordinances, to increase the maximum height
for structures in all single family zoning districts and the multiple family "eight" and "twelve" zoning districts; providing an effective date. (LDCA 92-02)
Pro or Con: None
Recommended to the Commission that they approve (motion by Mr. Carassas, second by Mr. Savage) above Land Development Code Amendment. Motion carried unanimously ( 6 to 0).
4. Ordinance No. 5190-92, amending Sections 135.086 and 135.092, Code of Ordinances, allowing art galleries/studios as a conditional use in limited office and general office zoning districts;
amending Sections 135.104, 135.110, 135.116, 135.122, 135.128, 134.134, and 135.141, Code of Ordinances, allowing art galleries/studios as a permitted use in the beach commercial, resort
commercial "twenty-four," resort commercial "twenty-eight," general commercial, highway commercial, commercial center and urban center districts; amending Section 136.025, Code of Ordinances,
to establish supplementary conditional use standards for art galleries/studios; amending Section 137.005, Code of Ordinances, to define "art gallery/studio;" providing an effective date.
(LDCA 92-03)
Pro or Con: None
Recommended to the Commission that they approve (motion by Mr. Savage, second by Mr. Carassas) above Land Development Code Amendment with the revised definition of art/gallery/studio
in Section 137.005. Definitions which reads: "Art gallery/studios: A room or building occupied by a business, excluding one licensed as a home occupation, and devoted to the exhibition
of works of art, the sale of works of art on exhibition, or the work place of a painter, sculptor, photographer, or other artist producing physical works of art. Art instruction may
be conducted in an art gallery/studio as an accessory use but not as the principal use of the facility." Motion carried unanimously (6 to 0).
5. Ordinance No. 5191-92, amending Sections 135.110 and 135.116, Code of Ordinances, to provide for use restrictions for the indoor retail sales, personal services, restaurant, and indoor
commercial recreation/entertainment permitted uses in the resort commercial "twenty-four" and "twenty-eight" districts; providing an effective date. (LDCA 92-04)
The Board had some discussion on the amount of floor area being converted and it being fair to the small hotel owner.
Pro or Con: None
Recommended to the Commission that they approve (motion by Mr. Bickerstaffe, second by Mr. Merriam) above Land Development Code Amendment. Motion carried 5 to 1 with Mr. Carassas
voting nay.
6. Ordinance No. 5192-92, amending Section 137.029, Code of Ordinances, to provide that certain land use applications may not be filed if a similar application relating to any part of
the same property was denied within certain specified time limits; providing an effective date. (LDCA 92-05)
Board members expressed concern over how to clarify what is meant by denial and the problems that could be created by the necessity in some instances of two applications for the same
case. An example was an application involving a land use change. It was felt language clarification was needed.
Pro or Con: None
Continued (motion by Mr. Carassas, second by Mr. Bickerstaffe) above amendment to the meeting of April 21, 1992. Motion carried unanimously (6 to 0).
7. Ordinance No. 5193-92, amending Section 136.008, Code of Ordinances, to provide for specific floor area standards for certain classes of accessory uses, and to classify an individual
dwelling unit attached to a hotel/motel office as an accessory use; providing an effective date. (LDCA 92-06)
Pro or Con: None
Board discussion centered on whether the use was cumulative and also on densities. A Board member inquired as to the evacuation capability at the Beach when the Board increases densities.
Some disagreed that the manager's office should not be considered an accessory use.
Recommended to the Commission that they approve (motion by Mr. Bickerstaffe, second by Ms. Martin) the above amendment with wording added as follows and underlined to Sec./ 136.008.
Accessory uses. (5) to read as follows: "The accessory use, or uses, if otherwise allowed as a separate permitted or conditional use in the zoning district, shall not cumulatively, exceed
five (5) per cent of the gross floor area of the principal use; otherwise, the mixed use formula of Section 135.187(d) shall be applied in determining allowable floor area ratios and
densities. In addition, the parking requirements for such principal and accessory uses shall be calculated independently and shall be cumulative. However, on individual dwelling unit,
serving one single family, that is attached directly to the office of a hotel/motel use and accessed primarily through said office, shall not be considered an accessory use and shall
not be subject to the density limitations or mixed use requirements of the zoning district, provided that the off-street parking requirement for the dwelling unit shall be met." Motion
carried (5 to 1) with Mr. Carassas voting nay.
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
Sandy Glatthorn updated members on the consistency program. The Board noted that many of these changes appear to be a change in phraseology. Mr. Polatty advised some property owners
were losing property rights in this with downzoning. Staff will try to advise the Board of those cases were owners lose rights.
G. BOARD AND STAFF COMMENTS
Chairman Mazur welcomed new Board member, Lois Martin.
Mr. Carassas advised of a problem on Clearwater Beach, Brightwater Drive. There is a vacant lot across from the Blue Jay Motel which is being used for commercial parking, a boat is
left there and he believes some people sleep in cars overnight.
Mr. Shuford included in the packet a memo concerning alcoholic beverage sales and occupational license. These new procedures should stop persons from slipping cracks. Mr. Merriam mentioned
the grammar in the portion to be given the customer was poor. He agreed to meet with Mr. Shuford to discuss this.
Mr. Merriam will not be present at the June 2, 1992 Board meeting.
The meeting was adjourned at 3:45 pm.
James M. Polatty, Jr., Director, Planning & Development