02/03/1987
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Minutes of the Planning & Zoning Board - February 3, 1987
Page -2-
Motion was made by Mr. Schwob, seconded by Ms. Nash, to approved the above
request with the condition that the use permit be procured within six months
of the approval of the conditional use. Motion carried unanimously (5 to 0).
2. Lot 24 and Part Lot 23
G. L. Bidwell's Oakwood Sub.
(613 North Ft. Harrison Avenue)
Douglas Gifford, Trustee/
Chipman Harris
CU 87-06
Request
Vehicle Service; Outdoor Retail
Sales, Displays and/or Storage
CG (General Commercial)
Zoned
Mr. R. Chipman Harris, representative of applicant, appeared requesting
approval of this conditional use. He further advised that at one time there
had been a gas station at this location. He stated a gasoline island in front
of the building would be removed to allow for parking. Mr. Harris stated that
minor repairs such as battery changing are necessary at this location and that
such minor work would be performed inside the building. He further requested
that this service be allowed. Mr. Harris stated a dealer's license for this
location has been approved by the State Department of Transportation. Mr.
Harris advised he intends to keep the property in a neat and clean condition
unlike previous occupants. Mr. Harris stated the intended use is similar to
other uses in the area.
The following persons appeared in opposition to the above request to give
their comments:
Mr. Tim Cronin, 13531 Rustic Pines Boulevard, Seminole, stated he is in the
process of purchasing the property at 604 North Ft. Harrison located across
the street from the subject property. He also stated the neighborhood is
presently being developed with residences and professional businesses. He
further stated a car lot would not be consistent with the surrounding uses.
After questioning by Mr. Schwob, Mr. Cronin advised the property at 604 North
Ft. Harrison is being remodelled as his residence.
MS. Cynthia Heaton, 19933 - 103rd Terrace, SeDinole, stated she recently has
signed a long-term lease for property on North Ft. Harrison, known as the "old
Jack Tarr residence" and is in the process of renovating property for use as a
large antique-type mall. Ms. Heaton stated the area should remain as historic
as possible.
Ms. Harvey advised that one letter in support was received from International
Automotive of Pinellas County, Inc., who are property owners directly across
the street. After questioning by Ms. Nixon, Ms. Harvey advised that
International Automotive was recently denied approval of a conditional use for
vehicle service.
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Minutes of the Planning and Zoning Board - February 3, 1987
Page -3-
In rebuttal, Mr. Harris stated former uses were permitted in the Commercial
General zoning district even though premises were unattractive. lie further
stated his intended uses will be more attractive and should be acceptable.
Ms. Harvey advised this request for conditional use is for vehicle service,
outdoor retail sales, displays and storage in a General Commercial zoning
district. She advised the proposed use of the property is for auto leasing,
auto sales, and limousine service. She also advised the Board the governing
sections of the Land Development Code are Sections 136.025(b) and (c)(22). Ms.
Harvey stated the Traffic Engineer had no objection to the proposed use
provided adequate parking is available on the property. Ms. Harvey advised the
Planning Department recommended approval subject to the following conditions:
1) That there be no vehicle service (repairs, body work, etc.) on the
property; 2) That there be no parking in the right-of-way; 3) That the median
located between front canopy support posts be removed; and, 4) That the use
permit be obtained within six months of the approval of the conditional use.
Ms. Harvey advised the Board that two parking spaces noted on the diagram will
not be available if the median is not removed.
.
After questioning by Mr. Schwob, Mr. lIarris advised there will be one
limousine in front of building and remainder of vehicles will be demonstrator
automobiles. Mr. Harris felt this use will be more desirable than a gas
station or tire store.
After questioning by Mr. Green, Mr. Harris advised there are five parking
spaces in the front of the building and two parking spaces in the rear which
are for employees.
After questioning by Ms. Nixon, Mr. Harris advised van conversions will be
done in Pinellas Park. He further advised it was originally intended to have
van leasing at subject property before it was realized more parking would
actually be needed. He also advised that more automobiles for lease will also
be stored in Pinellas Park.
After questioning by Mr.
allowing vehicle service
approval.
Johnson, Mr.
his client
Harris
would be
advised that
agreeable to
other than not
conditions of
.
Ms. Harvey advised that clarification is needed from the applicant because the
application stated the rear parking is for car detailing and Mr. Harris stated
the rear parking is for employee parking. Ms. Harvey stated the property
across the street was the recent subject of an application for vehicle service
and was denied due to lack of available parking and noise that would be
generated from the vehicle service use. She further advised that, regardless
of prior uses in area, the Planning Department cannot recommend vehicle
service as appropriate at the subject location when it recently denied vehicle
service across the street. Ms. Harvey expressed concern that the subject
property immediately backs up to residential uses and further recommended
that, if the Board does grant the conditional use, no vehicle service be
permitted at subject property.
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Minutes of the Planning and Zoning Board - February 3, 1987
Page -4-
Mr. Schwab stated that the property is zoned Commercial General and felt the
proposed use would be reasonably compatible with the area if the four
conditions were included in the approval.
Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above
conditional use subject to the following: 1) That there be no vehicle service
(repairs, body work, etc.) on the property; 2) That there be no parking in the
right-of-way; 3) That the median located between front canopy support posts be
removed; and, 4) That the use permit be obtained wi thin six months of the
approval of the conditional use. Motion carried unanimously (5 to 0).
3. Lots 4 to 7, Part Lots 10 and 11, and
Lots 12 to 14, Blk. 12
Pine Crest Sub.
(607-A Pennsylvania Avenue)
Speros Frangedis/Art Kiskanyan
CU 87-07
Request - Vehicle Service
Zoned - IL (Limited Industrial)
Mr. Speros Frangedis, applicant, appeared requesting approval of this
conditional use. He advised there is adequate parking at the property and felt
this is a good, clean operation.
No persons appeared in support of or in opposition to the above request.
Ms. Harvey advised this request for conditional use is for vehicle service in
the Limited Industrial zoning district. She further advised the request is
specifically for transmission work and car repair on the property. She also
advised the Board the governing sections of the Land Development Code are
Sections 136.025(b) and (c)(27). Ms. Harvey stated the Traffic Engineer had no
objection if sufficient parking is available on the property. Ms. Harvey
advised the Board the parking requirement for vehicle service is: parking or
storage space for all vehicles used directly in the conduct of the business,
plus four spaces for each service bay, plus one space per two persons employed
on the premises. Ms. Harvey also advised that if approval is granted, the
Board must specifically authorize transmission work and engine repair.
.
Ms. Harvey stated a similar request was before this Board on June 17, 1986 and
the Board granted approval of the vehicle service on a portion of the subject
property. She stated several conditions were imposed on the applicant
including proper posting of signs, policing of area by the owners to insure
proper parking, and amendment of site plan to reflect the requested use. Ms.
Harvey advised the proper signs have been installed and there appears to be no
problems regarding traffic and/or parking. She further advised there was no
adjustment made to the certified site plan as required and it appears there is
a need for further adjustment of the site plan.
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Ms. Harvey advised the Planning Department recommended approval subject to the
following conditions: 1) That, prior to issuance of any Occupational License
for vehicle service on the property, the site plan be amended to reflect uses
on the property with the applicable parking calculations being shown thereon
to reflect that Code requirements are being met or, if parking requirements
are not met, variances to parking requirements be obtained; 2) That there be
no work on vehicles on subject property after 7:00 PM; and, 3) That the use
permit be obtained within six months of approval of the conditional use. Ms.
Harvey advised the 7:00 PM limitation is recommended because of the close
proximity of residential area. Ms. Harvey further advised it appears one of
the requested uses is already in place and advised clarification from the
applicant is needed in regard to the Occupational License.
After questioning by Mr. Schwob, Mr. Frangedis advised he was not sure why a
revised site plan should be a condition of approval. Ms. Harvey advised Mr.
Frangedis that the certified site plan on file with the City identifies the
subject property for use as warehousing and the parking calculations on that
site plan were based on a warehousing use. She further advised that since the
use is changing to a use other than warehousing it is necessary to have the
site plan revised and recertified by the City to reflect the intended uses.
Mr. Frangedis stated he felt a revised site plan was unnecessary and
questioned that a revised site plan was necessary when he has enough parking.
Ms. Harvey advised a new site plan will be required and issuance of any
Occupational License will be withheld until a revised site plan, indicating
new parking calculations based on vehicle space used, is submitted. She
explained to Mr. Frangedis it is the Planning Department's responsibility to
keep the site plan up to dat~ based on how the property is used and a revised
site plan is the only basis for monitoring sufficient parking on the total
site for the uses proposed. After Mr. Frangedis stated he felt operation of
his business was being unnecessarily delayed, Ms. Nixon explained the uses had
changed and, though a revised site plan must be submitted for City monitoring,
it doesn't mean he cannot make use of the property as intended.
Motion was made by Mr. Green, seconded by Ms. Nixon, to approve the above
conditional use subject to the following: 1) That, prior to issuance of any
Occupational License for vehicle service on the property, the site plan be
amended to reflect uses on the property with the applicable parking
calculations being shown thereon to reflect that Code requirements are being
met or, if parking requirements are not met, variances to parking requirements
be obtained; 2) That the specific uses on premises are transmission work and
engine repair; 3) That there be no work on vehicles on subject property after
7:00 PM; and, 4) That the use permit be obtained within six months of approval
of the conditional use. Motion carried unanimously (5 to 0).
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Minutes of the Planning and Zoning Board - February 3, 1987
Page -6-
4. Part Lot 1
Forest Hills Estates Unit 5
(1522 Lakeview Road)
Reconstructive Associates
(Dr. Thomas Schwab, Partner)/
Barbara Laidlaw
CU 87-08
Request
Zoned
Noncommercial Parking
RM-28 (Multiple-Family Residential "Twenty-Eight")
Ms. Barbara Laidlaw, representative of applicant, appeared requesting approval
of this conditional use. Ms. Laidlaw stated the applicant has purchased the
subject property to extend the existing parking area. She further stated the
parking lot would not be used in the evenings or on weekends. She also stated
the landscaping and upkeep of the grounds are excellent and felt the building
is a credit to the neighborhood. Ms. Laidlaw advised the applicant has met
with representatives of Kalmia Condominiums who are in agreement with
applicant's proposal. She also advised it is applicant's intention to remain
good neighbors and keep in contact with Kalmia as plans progress.
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In support of the above application, Mr. Joe Barto, 1524 Lakeview Road, stated
he is speaking on behalf of the majority of residents of Kalmia Building No.
7, the building adjacent to the subject property. He advised the residents
have a good relationship with applicant. After questioning by Mr. Schwob, Mr.
Barto advised he is president of the Kalmia Building No. 7 Association.
In opposition to the above application, Mr. John W. Sanford, 1524 Lakeview
Road, stated he lives at the south end of Building No.7. He further stated
that when he purchased in Kalmia he was informed the subject property was
owned by Kalmia. He felt the subject property is Kalmia property and if the
application is approved it will cause property values to go down. He also felt
there may be drainage problems if a parking lot is constructed.
Mr. Johnson expressed concern that the Kalmia's private drive will open into
the parking lot.
In rebuttal, Ms. Laidlaw stated the applicant intends to maintain the property
in an attractive manner and doesn't feel it will cause neighbors'" property
values to decrease. She further stated applicant"'s grounds are watched by
police. She also stated it is not feasible for applicant to have a gravel or
grass parking lot due to the nature of orthopedic patients.
.
Ms. Harvey stated this request for conditional use is for noncommercial
parking in an RM-28 zoning district. She further advised that property
immediately to the north of the subject property is Kalmia Condominiums,
property immediately to the east is the Orthopedic Surgery Center, and to the
left of the subject property is a gas service station fronting on Highland
Avenue. Ms. Harvey advised the Board the governing sections of the Land
Development Code are Sections 136.025(b) and (c)(19). She further advised the
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Traffic Engineer noted that Kalmia Apartments are immediately adjacent and
currently have a parking problem. She also advised the Code Administrator
noted that the parking plan included in the application does not meet the
requirements of parking lot layout as required in the Code. Ms. Harvey advised
that the subject property is currently vacant and would in no way reduce any
parking that is currently available to Kalmia Condominiums. Ms. Harvey noted
that the parking plan appears to indicate area proposed to be used for parking
lot is owned by Kalmia Condominiums and requested clarification from the
applicant if there will be an easement between Kalmia Condomi niums and the
applicant. Ms. Harvey advised the Board tha t, if approval is grant ed, the
Board should specifically authorize there being the access from the east and
west sides of the property zoned RM-28. Ms. Harvey further advised the
Planning Department recommended approval subject to the following: 1) That the
parking lot layout, in regards to distance from lot lines and spacing of
parking spaces, be revised to meet Code requirements; 2) That an opaque fence
be constructed along the north property line of the subject property line to
buffer the parking lot from adjacent residential building; and, 3) That the
use permit be obtained within six months of approval of the conditional use.
.
Ms. Laidlaw advised that the original plan did indicate some spaces on Kalmia
property but applicant intends to have another plan drawn to indicate correct
spacing and maximize available space.
After questioning by Ms. Nixon, Ms. Harvey advised the Board could table this
item until such time as a revised site plan was submitted. Ms. Harvey further
advised it is the Board's responsibility to consider whether it is appropriate
to have a parking lot adjacent to a residential use and in a zoning district.
She also advised the design of the lot may be governed by any conditions this
Board may want such as any type of buffering, whether landscaping, fencing or
both, between the parking lot and the building immediately adjacent to the
lot. Ms. Harvey stated these conditions would be taken into account for
issuance of permits and when the design of the lot is finalized.
Ms. Nixon stated she would like to see both opaque fencing and landscaping as
a buffer.
Mr. Schwob stated he was impressed that most of the residents of Building 'No.
7 were in favor of the parking lot, though he also understood Mr. Sanford's
concern. He further stated he felt that both fencing and landscaping be
provided.
.
Motion was made by Mr. Schwob. seconded by Mr. Green, to approve the above
conditional use with access from the east and west side of the property zoned
RM-28 subject to the following conditions: 1) That the parking lot layout, in
regards to distance from lot lines and spacing of parking spaces, be re~ised
to meet Code requirements; 2) That an opaque fence be constructed and
landscaping installed along the north property line of the subject property
line to buffer the parking lot from adj acent residential building; and, 3)
That the use permit be obtained within six months of approval of the
conditional use. l-iotion carried (4 to 1) with Mr. Johnson voting "nay.'.
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Minutes of the Planning and Zoning Board - February 3, 1987
Page -8-
5. Lots 72 to 77
Clearwater Beach Park
(458 Mandalay Avenue)
Alexander & Mary Der~ech/Henry &
Estelle Cruise (Beach Bar and Lounge)
CU 87-09
Request 4-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CB (Beach Commercial)
Mr. Henry Cruise, applicant, appeared requesting approval of this conditional
use application. Mr. Cruise ad~ised he took over restaurant that was next door
to his premises and was instructed by the State that he would need a
connecting door to serve alcoholic beverages.
No persons appeared in support of or in opposition to the above request.
Ms. Harvey advised this request for conditional use is for on premdse
consumption of alcoholic beverages in the Beach Commercial zoning district.
She further advised the applicant has applied to the State for a 4-COP license
and is proposing expansion of the eKisting Beach Bar. She also advised the
Board the governing sections of the Land Development Code are Sections
13&.025(b) and (c)(l). Ms. Har~ey stated the Traffic Engineer had no objection
if sufficient parking is available and the Police Department saw no reason to
deny license to applicant. Ms. Harvey also stated expansion of the Beach Bar
would not necessitate additional parking. Ms. Harvey advised the Planning
Department recommended approval of the above request with the condition that
the use permit be procured within six months of approval of the conditional
use. Ms. Harvey requested clarification from the applicant concerning the
expanded area; specifically, the application and drawing indicated the
expanded use involved Lots 72 to 77. Ms. Harvey stated if Lots 72 to 77 were
not all involved the Board should specify what area is approved for expansion.
After questioning by Ms. Harvey, Mr. Cruise advised the proposed expansion
involves approximately 50 foot additional frontage. Ms. Harvey advised the
Board that, if approval is granted, approval should be only for restaurant
area immediately north of the Beach Bar and the Planning Department will
define the specific legal description.
Motion was made by Mr. Green, seconded by Mr. Schwob, to approve the above
request for the restaurant area immediately north of the Beach Bar with the
condition that the use permit be procured within six months of approval of the
conditional use. Motion carried unanimously (5 to 0).
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Minutes of the Planning and Zoning Board - February 3. 1987
Page -10-
Ms. Harvey advised this request is for annexation and RS-8 (Single-Family
Residential "Eight") zoning. She also advised there is an existing single
family home on the property and City sewer is available. Ms. Harvey further
advised Public Works requested that the abutting right-of-way of Kentucky
Avenue be included in the annexation. Ms. Harvey stated Public Works also
noted that~ though not a condition of annexation, the property owner be on
notice that at such time that Landmark Drive (Bayview Avenue) is extended to
Gulf to Bay an additional ten feet of right-of-way will be required. Ms.
Harvey also stated that staff recommended approval of the annexation and RS-8
zoning.
Motion was made by Ms. Nixon~ seconded by Mr. Schwab. to approve the above
anneKation and RS-8 (Single-Fa11lily Residential "Eight") zoning, with approval
to include the abutting right-of-way of Kentucky Avenue. Motion carried
unanimously (5 ~o C).
3. Lots 159, 160 and 1& 1
Clearwater Manor Sub.
Located on the south side of South
Lagoon Circle~ east of Belcher Road)
(Cardo, Buck~ Seelig/City)
A 87-4
Request - Annexation & Zoning, RS-8
(Single-Family Residential"Eight")
'rhe above properties are located on the south side of South Lagoon Circle,
east of Belcher Road.
Ms. Harvey advised this request is for annexation and RS-8 (Single-Family
Residential "Eight") zoning on three lots governed under prior Agreements to
AnneK. Ms. Harvey also advised the three lots are currently developed with
single family residences. She further advised that City sewer is available
and the properties are contiguous and eligible to be annexed. Ms. Harvey
stated Public Works requested the abutting right-of-way of South Lagoon Circle
be included in the anneKation. Ms. Harvey explained to the Board there is the
possibility of creating an enclave and the City may not be able to annex all
three lots at this time; however, the review by this Board need not affect its
recommendation to City Commission. She further explained the City will annex
the property it is able to and not annex any property that will create an
enclave. Ms. Harvey advised staff recommended approval of the annexation and
RS-8 zoning of the above properties.
Motion was made by Mr. SCllWOb. seconded by Mr. Green. to approve the above
anneKation and RS-8 (Single-Family Residential "Eight") zoning, with approval
to include the abutting right-of-way of South Lagoon Circle. Motion carried
unanimously (5 to 0).
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Minutes off the Planning and Zoning Board - February 3, 1987
Page -12-
Ms. Harvey advised this reques t is for annexation and OL (Limited Off ice)
zoning and requires a Land Use Plan amendment from Low Density Residential to
Residential/Office. She also ad\rised this property is governed by a prior
Agreement to Annex and City water and sewer are available to the property. She
further advised that this Board and the City COlll11\ission recently approved
property immediately on the west to a Residential/Office category and Limited
Office zoning. Ms. Harvey stated Public Works requested that the abutting
right-of-way of Sunset Point Road be included in the annexation. She ad\rised
that staff recolll11\ended the approval of the annexation and Limited Office
zoning.
Motion was made by Mr. Green, seconded by Ms. Nixon, to approve the annexation
and OL (Limited Office) zoning and Land Use Plan amendment from Low Density
Residential to Residential/Office, with approval including the abutting right-
of-way of Sunset Point Road. Motion carried unanimously (5 to 0).
(E) Chairman's Items
A
V
After questioning by Chairman Jonnson,
ordi nance is still before the courts
control portable signs. Mr. Galbraitn
the City.
Mr. Galbraith stated the portable sign
and until that time the City cannot
further stated the case looks good for
(F) Director's Items
Ms. Harvey introduced Mr. Jeffrey Pruitt, Senior Planner, Long Range Planning
Division, to the Board. Sne ad\rised the Board that Mr. Pruitt will be
attending the Planning and Zoning Meetings as his schedule allows so he can
become familiar with Planning and Zoning procedures. Ms. Harvey stated she
will tnen be able to have Mr. Pruitt assist her in conducting hearings for
conditional uses, annexations, zonings and Land Use Plan amendments.
Ms. Harvey advised the Board tnat a Motion to Dismiss on tne Dock of the Bay
appeal was denied, though property has changed hands. She further advised the
hearing is scheduled for March 27, 1987. After questioning by Ms. Nixon, Mr.
Galbraith stated this appeal is concerning CU 86-83, which was a request for a
4-COP license.
Mr. Johnson stated he was advised that Dock of the Bay has been sold again.
Meeting adjourned at 3:40 PM.
.
Pau a Harvey
Planning Director
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