09/01/1992 MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, SEPTEMBER 1, 1992 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Messrs. Bickerstaffe (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. Bickerstaffe 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 8/18/92, 8/4/92 & 7/14/92) Part of Blk 2, Baskin's Replat Resub, (2779 Gulf to Bay Blvd) Herbert E. & Jane B. Wollowick (KCMT Entertainment, Inc./Sweaty Eddy's), CU-92-45
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.
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 submitted, in writing, the staff recommendation.
Applicant's representative, George Greer, 600 Cleveland St., 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 18 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.
In response to questions by the Board, Mr. Greer stated the expansion will 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 time 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 time limit to procure permits, the rezoning involved with the Downtown Plan,
the East End Project proposals, and the declining businesses in the downtown area.
Pro: None
Con: None
A motion was made by Mr. Bickerstaffe, 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 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) 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, painting, 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. Motion carried unanimously (5 to 0).
It was the consensus of the Board that the intent of the motion for approval is 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 boatlifts
Zoned - RM-20 (Multi-family Residential) and AL/C (Aquatic Lands/Coastal)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford added that they expect a large number of slips to have catwalks and boatlifts
installed, and that this is generally a blanket approval for the property.
Applicant's representative, Myron Gibson, 2948 Fairfield Court, Palm Harbor, stated that the owners held a meeting at which it installation of catwalks and boatlifts was approved by
the association (presented a copy of the minutes of the association'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 responded that the slips are
owned by each individual unit.
Pro: None
Con: None
A motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe to approve this 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 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 slips 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 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)
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 recommended
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 definition of height. Motion 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 interest from Southern 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 conditions
of approval for the conditional use and staff received continuous complaints by surrounding residents of violations of code.
Mr. Shuford stated in response to the golf course issue that it appears that a CX license is the only one that allows consumption on the course itself.
Meeting adjourned at 2:35 pm.
_____________________________________________________________
James M. Polatty, Jr., Director of Planning and Development