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09/30/1986 CD MINUTES PLANNING & ZONING BOARD City of Clearwater, Florida September 30s 1986 - 1:30 PM Members present: Vice Chairman Hogan, Mesdames Nash and Nixon, Messrs. Ferrell and Schwob Members absent: Chairman Johnson and Mr. Green (A) On motion by Mr. Schwob, seconded by Mr. Ferrell, minutes of , September 16, 1986 were approved as amended. Motion carried unanimously (5 to 0). Vice Chairman Hogan 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 verbatim record of the proceedings to support the appeal. (B) Conditional Uses: -- 1. Lots 1-23 inclusive and VAC alleys Blk. 2 Bayview Terrace (200 McMullen Booth Road) Italian American Club eu 86-73 Request - ll-C (On Premise Consumption of Alcoholic Beverages) Zoned - PjSP (Public/Semi-Public) Mr. Joseph Chiccino, president of applicant, appeared requesting approval of this conditional use application. Mr. Chiccino indicated the club formerly had license, but for some unknown reason, the license was turned in. The club now plans to extend the back of the building 75 feet to accommodate more people. It is. the ;club's inten- tion to make a lounge for the membership. No persons appeared in support of or opposition to the above request. Ms. Harvey stated the Police Department saw no reason to deny the license to the'applicant. Ms. Harvey advised that staff recommended approval with the condition that the use permit be procured within 6 months of the approval of the conditional use. ~ 'Motion was made by Mr. SchWab, seconded by Ms. Nash, to approve the ~',:' 'above request 'with staff recommendation. Motion carried unanimously (5' to 0). ' Minutes of the Planning & Zoning Board - September 30, 1986 Page -4- e the 5,000 square feet of landscaping would be attractive and add beautification of U. S. 19. He further indicated that access to lot would be from an adjoining lot and not from U.S. 19. Mr. Ferrell questioned if there were boats currently on the property, and Mr. Edrington stated there was storage currently on the property. No persons appeared in support of or opposition to the above request. Ms. Harvey indicated the conditional use was specifically to expand' the existing Kenyon Dodge complex to provide for additional parking on the north end. Ms. Harvey advised that staff recommended approval with the fOllowing conditions: 1) That a 6 foot opaque fence be provided along west property line of expanded use areaj 2) That a revised site plan be processed and approved; and 3) That ,the con- struction use permit be procured within 6 months of approved certified. site plan. Mr. Edrington agreed to the above conditions. Motion was made by Ms. Nixon, seconded by Mr. Schwob,to approve the above request with staff recommendations. Motion carried unanimously (5 to 0). CD 5. M&B 14.10, Sec. 18-29-16 (2570 Gulf to Bay Boulevard) George W. Moseley/Johnnie & Deborah Fragale CU 86-77 Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned - CH (Highway Commercial) Ms. Harvey stated a letter has been received from applicant George W. Moseley requesting postponement of the above conditional u~~ application to the Planning and Zoning meeting scheduled for October 14, 1986 (copy of letter attached). Motion was made by Mr. Schwob, seconded by Ms. Nash, to approve the request for continuance of the above conditional use request to the Planning and Zoning meeting on October 14, 1986. Motion carried unanimously (5 to 0). - o - e. Minutes of the Planning & Zoning Board - September 30, 1986 Page -5- I 6. Part Lots 3 & 4, B1k. 6 Maryland Sub. (One Lot East of 1122 Druid Road) Roger S. Golomb/Keith Appenzeller CU 86-78 Request - Non-commercial Parking Zoned - RM-28 (Multi-Family Residential) Mr. Keith Appenzeller, representative of applicant, appeared re- questing approval of this conditional use application. Mr., Appen- zeller indicated Dr. Golomb's office is located on Druid Road and the doctor intends to expand the parking lot east of the building. The property to the east extends to the south 17 feet of Lot 3, zoned RM-28 and abuts the property line of the congregate care facility. No persons appeared in suppo~t of or opposition to the above request. Ms. Harvey stated this property is on the north side of Druid Road near the Sunshine Mall. Ms. Harvey specifically referred the Board to Section 136.02S(c)(19) when approving non-commercial parking areas in residential zoning districts. That section basically states that access to the parking lot shall not be provided from the resi- dentially zoned property, which is the subject of the conditional use, unless specifically authorized by the Planning and Zoning Board. Ms. Harvey indicated the Traffic Engineer had no comments. Ms. Harvey advised that staff recommended approval of the use of non-commercial parking with the following conditions: l)In order to preclude the , connection of parking to the R-28 district and the adjacent congregate care facility use, that there be a 6-foot opaque fence installed along the north property line; and 2) That the use permit be procured within 6 months of the approval of the conditional use. Ms. Nixon questioned Mr. Appenzeller if the applicant was requesting a variance to the open space requirement to have another entrance to Druid Road. Mr. Appenzeller stated the Code Adjustment Board did not approve the variance request for an interconnection so as not to have an entrance on Druid Road. The Code Adjustment Board wanted a separate entrance onto Druid Road rather than using the open space in front of the building for an interconnection. Ms. Harvey explained that in order to use the parking on the east side of the building, the applicant had to have a connection to Druid Road. Mr. Schwab noted he wants to see the Board remain consistent with setting buffers between parking lots and residential usage and questioned if an agreement could be made with the owners of the con- gregate care facility. Ms. Harvey explained that a 6-foot opaque fence is not a requirement but has been used as a mechanism to pro- vide'visual separations. A visual buffering could be obtained by using landscaping. Ms. Nixon stated she would like to see the landscaping. She felt even if the owner of the congregate care facility agrees to no fencing, the residents might prefer to have some visual buffer. e e e Minutes of the Planning & Zoning Board - September 30, 1986 Page -6- Motion was made by Ms. Nixon, seconded by Ms. Nash, to approve the above conditional use request with the following conditions: 1) That a landscaping barrier be added to the existing chain link fence to provide a visual buffer between the RM-28 district and the parking lotj and 2) That the use permit be procured within 6 months of the approval of the conditional use. ~fotion carried unanimously (5 to 0). 7. M&B 42.01, Sec. 22-29-15 and Eldorado Sub. (1400 Young Avenue) State of Florida (DOT)/City of Clearwater CU-86-79 Request - Erection of Self-Supporting Radio Antenna Tower Zoned - OS/R (Open Space/Recreation) Mr. Floyd Carter, Director of Central Services, City of Clearwater, appeared on behalf of applicant requesting approval of the above conditional use. Mr. Carter stated the Clearwater Police Department has a critical need of the tower. The Police Department currently is experiencing interference with the City of Orlando and Orange County. Mr. Carter further stated that the Cityts consultant, Mr. Ward Montgomery, determined there was a need for an antenna in the south end of Clearwater. The City made a diligent search and was hampered mainly due to height restrictions from the Clearwater Executive Airpark. The onl~ available site is the above property, which is allretention pond. Mr. Carter indicated the City proposes to install a free-standing tower with the ability to withstand 150 mile per hour winds, and though the City hasn't experienced such winds, the City wants to insure the public and the equipment would be protected. After questioning by Mr. Schwab, Mr. Carter indicated the tower would be 300 feet high with an additional 20 feet of antenna; the base would be approximately 30 feet by 30 feet with a foundation as much as SO feet below ground; the tower would have a very sophisticated ground system; and, there will be no guide wires. Mr. Carter further indicated an additional tower will be placed in north Clearwater in the ,future. Captain Robert E. Kennedy, Division Commander of Support Services, Clearwater Police Department, appeared in support of the applicant. Captain Kennedy stated the Police Department is currently operating on a UHF 460 m.h. system that is 14 or 15 years old. He further stated the department is operating at a dangerous level that will only get worse. Captain Kennedy feels telecommunications is the life support of police and the general public and feels it is to the Cityts interest to allow the installation of the tower. Captain Kennedy further stated that currently officers must use a telephone in some parts of the City to communicate with headquarters. e Minutes of the Planning & Zoning Board - September 30, 1986 Page -7- Mr. Phillips appeared in opposition to the installation of the tower. Mr. Phillips feels since the tower will almost be in his back yard it will interfere with his radio and television reception. Messrs. Schwob and Hogan advised Mr. Phillips that the FCC takes steps to insure that transmitting does not interfere with equipment of adjacent homeowners. Mr. Phillips also questioned how far from his property the tower would be, and Mr. Carter stated the tower will be1approximately 250 feet from his rear property line. Ms. Thelma Keffer also appeared in opposition to the installation of the tower. Ms. Keffer questioned if access would be on Friend Avenue, how many trucks will be moving in and out of site, and if the proposed tower would be manned. Mr. Carter answered that access is intended to be from Friend Avenue but would be made from Missouri Avenue" if proper access was available, only during construction would there be several trucks in and out of site, and the tower will be unmanned with the exception of repairs and/or maintenance. Ms. Keffer voiced a concern that the trucks would tear up the streets and Mr. Carter stated any damage done to the streets would be repaired by the City. Mr. Carter further assured Ms. Keffer that the area would not be open to the public, and no dumping would take place. Mr. Schwob stated that once the construction phase is completed, it appears there would be very little traffic. CIt Mr. Hogan stated that public safety must be insured. .. Ms. Harvey advised that staff recommended approval of the above conditonal use application with the condition that a height variance be obtained. Motion~,was made by Mr. Schwob, seconded by Ms. Nash, to approve the above conditional use request with staff recommendation. Motion carried unanimously (5 to 0). 8. M&B 22.06, Sec. 18-29-16 (55 North Belcher Road) Coral Cove, Ltd./Alan Brandes-Southland Corp. CU 86-80 Request Zoned 2-APS (Package Sales of Alcoholic Beverages) - CG (General Commercial) Ms. Harvey advised the applicant had actually obtained its alcoholic beverage designation by the City Commission in the Fall of 1985. The individual who applied on behalf of applicant and a Planning Depart- ment staff member were unaware the applicant already had a designation Ms. Harvey explained to applicant that it was unnecessary to go through the hearing, and the applicant withdrew the conditional use 'application. Ms. Harvey stated this item may go to City Commission for reconsideration as to whether or not they want designation at this parti- cular location since license had not been used within a limited time period after initial approval, and if so, this item would have to be taken care of by City Ordinance. e e '.~ ' '~ Minutes of the Planning & Zoning Board - September 30, 1986 Page -8- ce) Applications for Land Development Code Amendment 1. Chapter 135, Sec. 135.086 (8), Chapter 135, Sec. 135.092 (3), and Chapter 136, Sec. 136.025 (c) (9a) To provide that certain commercial or trade school facilities be allowed to be located within an office zoning district if the school and facility complies with the standards for granting a conditional use. Ms. Harvey explained the purpose of this amendment is to provide for use of commercial or trade schools in Limited Office or General Office zoning districts. Exceptions to schools would be those along the lines of car repair and schools using large machinery. This amendment is proposed as a City Ordinance change that commercial or trade schools be considered as a conditional use. No persons appeared in support of or opposition to the above amend- ment. Mr. Schwab stated he feels this appears as an appropriate usage. Ms. Nixon stated she felt it would be appropriate for clerical-type schools but is concerned about teaching car repair in a Limited Office district even if noise was buffered. Ms. Harvey stated it would be the purpose of this Board to make such a determination. Mr. Hogan question if this will affect parking situations. Ms. Harvey stated it would depend on the location and size of the school if additional parking would be necessary. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve . the above amendment to the Land Development Code. Motion carried unanimously (5 to 0). {E) Director's Items Ms. Harvey advised the Board was given a copy of:new ordinance covering ,quorum and voti.ng requirements as it necessitates a change to the by~laws. According to the Board's by~laws, the Board is to be provided a copy of the proposed change at one meeting, and take action at a subsequent meeting on the change. The Board will vote at the next meeting. Ms. Harvey invited the Board to attend the Work Session of the City Commission at 9:00 AM on October 13, 1986. The Director of Research Data Services will be making a presentation on the telephone opinion poll survey that the Planning Department had contracted the company to do. The results will be used in part for updating the Comprehensive ~'Plan. Both this Board and the City Commission will be directly in- volved in updating the Comprehensive Plan over the next three years. e Minutes of the Planning & Zoning Board - September 30, 1986 Page -9~ (F) Board & Staff Comments General discussion followed concerning the southwest corner of McMullen-Booth and Enterprise Road. Mr. Schwob questioned if this property was going to be before the Pinellas County Planning Council to decide on zoning the property commercial and if the property was annexed to Safety Harbor. Ms. Harvey stated the property was annexed to the City of Safety Harbor. She also stated the City of Clearwater has taken the official position of being opposed to the commercial use of the property. Mr. Schwab asked if the City would be represented at the Planning Council meeting and Ms. Harvey stated the City will be represented by City Commissioner Don Winner, who will state the City's opposition to the rezoning. Mr. Schwob felt that the City of Safety Harbor has a very bad attitude when it comes to any cooperation with others. After questioning by Ms. Nixon, Ms. Harvey stated Northwood Plaza is part of an overall annexation north and south of Enterprise Road and includes zonings of single family, multi-family, commercial area with adjacent office, ,and 2 large parcels zoned as recreation space/open space areas. She further stated that part of the area is designated as a preservation area and developing in the area must be done with care. - Motion was made by Mr. Schwob, seconded by Ms. Nixon, that the Planning and Zoning Board state that they oppose the commercial use of the plot on the southwest corner of McMullen-Booth and Enterprise Road which was recently annexed by the City of Safety Harbor, and further, that said opposition be represented strongly to the Pinellas County Planning Council by the City Commission. Motion carried unanimously (5 to 0). Meeting adjourned at 3:01 PM. e .' c" a I ~ci, -80 September 29, 1986 ,~)Th~(~[gjj"lf7j.;7~ fA rl 5fP ;' 0' >.,-lI~': \:'/1! i:V /II i. ..c..IlJ . ',' ~~':.1. ... ~'t;.~i:~:~:.'::+'~. ...... .,.; --........ ' L J ~l.. of.., '. ~. ". .... .."'".l..J,,~'~JJ..~~.I..'1f Ms. Paula Harvey Planning Director City of Clearwater P.O. Box 4748 Clearwater, FL RE: Coral Cove LTD (7-Eleven) for pack~ge sales of Alcoholic Buverages (2-APS) at 55 Belcher Rd. in Sec. 18-29-16, part of MOB 22-06, Zoned CG (General Commercial District), CU 86-80 Store No. 1512-27158 Dear Ms. Harvey: As we discussed on Friday, September 26, 1986, the above referenced Wet Zoning application was filed by our office by mistake and accepted by your office by mistake. We already obtain the City's approval last summer for our operation at this location. e Please remove our application from tomorrow's agenda and return the materials to us. I appologize for the confusion and look forward to working with you in the future. With best regards. Sincerely, , &~ r! ~;l~l< t~,._. Dan K. Richardson R.E. Representative THE SOUTHLAND CORPORATION %~~;1~"':~'11.~ I '{ .' '" JI.!J j .~l .;' Uc;r I /086 d li I"~ .. -r" t. 'L. . liJ fI COMM~_.J:'.~:."/ O~Et.CjJMSNr E eEl V E 1) PKR/bja cc: Alan Brandes Jack McKeage SEP SO 1ge€ e ClTY. CLEHK 7.Eleven Stores I Zone 1419 7118 Rushing Street 1 Tampa, Florida 336071 Phone (613) 677.6083 (.' D..""", nI ..,., THI IOUTHLANO .. COIIPORATION . ~":J~,"; ~~..o.,; . v"'" ~ ~t~..... ......~.......:: .~'t'1. .,.\.~ '(.t. !.I'''.t...~(. .d~;.. . , ';1i1;"g.~,I,J!-t!:tP~1r{'1: ,(;..~'V;...''f!,.'." .r..~';,; '~, ~~"cl\:..'i:!!:t:?It!X.~.';~ ~ ~ ,"M I~"'~.):i$. '~~"~r.~~" .......,~$~,...~ ~Itl....~_~~~~:'~tt~ ' '.~ 'f4ir ,t~ ,I:'" ~ ,'''~'~. '~ .. n . > I)', ~/~"<. ~~ /, . ':)( /of..:::.. ,,;' . ~ l, ,'j - -I.....; ..' .r~ ~ i'.. / .. /..,'/ /'; 1 . ..; /.' ~ _' ,/' ('"..,:.....1.:.,'-- /'''::-;--'!. 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George Moseley request a postponement of my application I~:,';;" '-for condi tional use for on the premises consumption of :.:, "; , . ,,,,alcoholic beverages to be held over to the Oc tobe}' 14, 1986 "">'" ' ..' :meeting>',The address for this request is 2570 Gulf to Bay "':~ ":' .:':: .;~.":I ,:~..:. Blvd'.., Clear''la ter, FI 33575. >::~~:.::,/'. ',:,,~,":' , . :".:..,." '.. '. t.~ ~~c,";':~;:~, >...<........~ ~~".....: 1..:: f .. '. . , . \!~.". ": :;.: ' ,',,". 7~\.,',': . . . , 1.\ :', . .' . I \ ...~.. : " ,~.. '.; 'J ~ \, " 1:f,(t:><j,' :., ' I ., ~. .' '. J;" ~i'.:~';'/.'~ i~,~:~": .:':\~ <; ; ',,: ' ':. ~, .,' ~.; .> c~" . . , .' i!,f~~t;,;:~:::j';: ,.',' ';' " i, .>,<:~:. ,~.' . . ,.j' i .:, L' ~ .,'. , " \ ' " . . ...,: ' C I < ~. . I '. . ,: . ~ . ,1. ' , ,I ,," .'. 'j' I' . H " - AGENDA PLANNING & ZONING BOARD September 30, 1986 N 1:30 PM ITEM ACTION (A) Approval of minutes of September 16, 1986 CONDITIONAL USES: ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined below: The Chairman reads from the Public Hearing Notice each item as it is presented. The Planning Director advises the Board of any pertinent background information. The applicant or his representative presents his case. Persons who support the application speak. The Planning Director presents any supporting written documents. Persons who oppose the application speak. The Planning Director presents any opposing written documents. Persons supporting the application (other than applicant) may speak in rebuttal. Persons opposing may speak in rebuttal. The applicant has an opportunity for final rebuttal. The Board makes a decision. 1. 2. 3. 4. 5. 6. 7. 8. e 9. 10. 11. FLORIDA STATUTE 286.0105 STATES: ANY APPLICANT APPEALING A DECISION OF THIS BOARD MUST HAVE A VERBATIM RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. (B) Conditional Uses: 1. Lots 1-23 inclusive and VAC alleys Blk. 2 Bayview Terrace (200 McMullen Booth Road) Italian American Club eu 86-73 Ie, Request - llNC (On Premise Consumption of Alcoholic Beverages) Zoned - P/SP (Public/Semi-Public) -\ . Agenda of the Planning & Zoning Board - September 30, 1986 Page -2- o 2. Lots 1 thru 3, Blk. 12 Pinecrest Sub. (606 North Greenwood Avenue) Peter Nichols CU 86-74 Request - Operate Paint & Body Shop Zoned - IL (Limited Industrial) 3. Lots 1 thru S, Blk. 1 John Williams Sub. (1303 North Myrtle Avenue) Stephen G. Beneke/John T. Clark CU 86-75 4. Request - Operate Automotive Parts Repair Zoned - CN (Neighborhood/Commercial) Part, of M&B 11.06, Sec. 19-29-16 (1300 U. S. 19 South) Veta Luise Gil1enwaters/Dan Massaro/ Robert Edrington CU 86-76 5. Request - Outdoor Retail Boat Sales, Storage and Display Zoned - CH (Highway Commercial) M&B 14.10, Sec. 18-29-16 (2570 Gulf to Bay Boulevard) George W. Moseley/Johnnie & Deborah Fragale CU 86-77 e' ..4: Re,quest Zoned 4-COP-SRX' (On Premise Consumption of Alcoholic Beverages) CH (Highway Commercial) '" . . 6. Part Lots 3 & 4, Blk. 6 Maryland Sub. (One Lot East of 1122 Druid Road) Roger S. GOlomb/Keith Appenzeller CU 86-78 " , ~' '; __I 7. Request - Non-commercial Parking Zoned RM-28 (Multi-Family Residential) M&B 42.01, Sec. 22-29-15 and Eldorado Sub. (1400 Young Avenue) State of Florida (DOT)/City of Clearwater CU 86-79 '-. , ,'. ,".' '" " Request Zoned Erection of Self-Supporting Radio Antenna Tower ' OS/R (Open Space/Recreation) J, ".) " . Agenda of the Planning & Zoning Board ~ September 30, 1986 Page ~3~ CI 8. Part M&B 22.06, Sec. 18~29~16 (55 North Belcher Road) Coral Cove, Ltd.jAlan Brandes~Southland Corp. CU 86~80 Request ~ 2~APS (Package Sales of Alcoholic Beverages Zoned CG (General Commercial) LAND DEVELOPMENT CODE AMENDMENT (1) (2) (3) Statement of case by applicant ~ 5 minutes Presentation by staff - 5 minutes Comments from public in support/opposition: individual - 3 minutes spokesperson for group - 10 minutes Public Hearings are closed Discussion/Action by Board (4) (5) ~' (C) Applications for Land Development Code Amendment 1. Chapter 135, Sec. 135.086(8), Chapter 135, Sec. 135.092 (3), and Chapter 136, Sec. 136.025 (c) (9a) To provide that certain commercial or trade school facilities be allowed to be located within an office zoning district if the school and facility complies with the standards for granting a conditional use. : :, ",~ ,:': ':(D)' Chairman I s Items ......<' . eE) Di~ector's Items 1. Discussion/amendment of Planning & Zoning Board Rules and Regulations regarding the establishment of quorum and the clarification of voting requirements. . " . . 'c'- c " ".'. . . (F) Board & Staff Comments . " ,'e'