11/01/1988 (2)
P&Z
PLANNING &. ZONING BOARD
DATE 111,I,r
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AGENDA
PLANNING & ZONI~C BOARD MEETING
TUESDAY, NOVEMBER 1, L988 - 1:30 PM
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PLEDGE OF ALLEGIANCE
INVOCATION
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ITEM
ACTION
A. Approval of minutes of October 18, 1988
CONDITIONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined
below:
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1. The Chairman reads from the Public Hearing Notice each item as it is
presented.
2. The Planning Director advises the Board of any pertinent background
information.
3. The applicant or his representative presents his case.
4. Persons who support the application speak.
5. The Planning Director presents any supporting written documents.
6. Persons who support the application speak.
7. The Planning Director presents any opposing written documents.
8. Persons supporting the application (other than applicant) may speak
in rebut tal.
9. Persons oppos ing may speak. in re bu t tal.
10. The applicant has an opportunity for final rebuttal.
11. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B.
Conditional Uses:
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1.
Lots 2, 3, 14, & 15,
Blk.. 1, Magnolia Park
(811 Cleveland Street)
Alfonso & Joan Leo (Fiore's
Gourmet of Florida, Inc.)
CU 88-95
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Zoned
- UC[E]
(On Premise Consumption
AND Package Sales
of Alcoholic Beverages)
(Urban Center [Eastern Corridor])
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RE1quest - 2-COP
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P & Z Agenda
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11)01/88
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2.
Lot 14, Blk. 16, Milton Park
(724 Tuskawilla)
Edward & James White VF~
Post 10304/Archie Marks
CD 88-96
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Request - l1-C (On Premise Consumption
of Alcoholic Beverages)
Zoned - p/SP (Public/Semi-Public)
3.
>>&B 31.01, Sec. 22-29S-15E
(1467 South Green~ood)
Arnold Kenly (Bud's P1ace)/
John !1oore
CD 88-97
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Request - 2-APS (pack.age Sales of
Alcoholic Beverages)
Zoned - CG (General Commercial)
4. M&B 23.04, Sec. 18-29S-16E
(125 South Belcher Road)
Richard Brutus
CU 88-98
Request - Animal Grooming ~nd/or
Boarding Faci11ties
Zoned - CG (General C~~ercial)
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Lot 1, Columbia Sub. #~
(401 Coronado Orive)/
Lois Clymer (Tak-A~~ay)
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CU 88-99 !
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Request - 2-APS/(Package Sales of
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/ Alcoholic Beverages)
- CR;18 (Resort Commercial
/ "Twen ty-Eight")
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M&Bs 21.07 & 21.08, Sec. l6-29S-16E
(11 Nort~ McMullen Booth Road)
Calvary/Open Bible Church/Robert H.
>>ur~~y/Leo Governale
CU 8&LIOO
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Zoned
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Zqtled
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- Transportation Station
P/SP (Public/Semi-Public)
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P & Z Agenda
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11/01/88
Request - Annexation and Zoning, RS-8
(Single Family Residential "Eight")
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ANNEXATION. ZONING, LAND USE PLAN AMENDMENTS, AND LOCAL PLANNlfiG AGENCY
REVIEW :
(1) Statement of case by applicant - 5 minutes
(2) Presentation by staff - 5 minutes
(3) Comments from public in support/opposition:
individual - 3 minutes
spokesperson for group - 10 minutes
(4) Public Hearings are closed
(5) Discussion/Action by Board
C. Annexation and Zoning:
1. Part Lots 29 & 30, Clearwater Manor
(Located on the east side of Belcher
Road, north of South Lagoon Circle)
(Underwood)
A 88-33
D. Zoning Atlas and Land Use Plan Amendments:
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1.
Part Lots 12 through 23, Blk. C,
Part Lot 35 & Lots 36 & 37 &
Part Lots 38 through 42, Blk. D,
Mount Orange Revised Sub.
(Located on the east and west side of
Prospect Avenue, north of Magnolia Drive)
(Diocese of St. Petersburg)
Z 88-20 LUP 88-20
Zoning Atlas:
FROM: RS-8 (Single Family Residential "Eight") &
RM-8 (Multiple Family Residential "Eight")
TO: p/SP (Public/Semi-Public)
Land Use Plan:
FROM: Low Density Residential
TO: Public/Semi-Public
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P & Z Agenda
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11/01/88
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Land Use Plan:
FRO~: Medium Density Residential
TO: Industrial
2.
Part Lot 17, Clearwater
Industrial Park
(Located on the south side of Calumet
Street, west of Belcher Road)
(UP ARe , Inc.)
Z 88-21 LUP 88-23
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Zon.ing Atlas:
FRDM: p/SP (Public/Semi-Public)
TO: IL (Limited Industrial)
Lan.d Use Plan:
FRD~: Public/Semi-Public
TO: Industrial
E. Annexati~mJ Zoning, and Land Use Plan Amendmen.t:
1. Part Lot 1, Pinellas Groves &
M&B 32.011 and Part vacated street
SE 1(4 Sec. Ol-29S-l5E
(Located on the west side of Belcher Road,
so~th of Sunset Point Road)
(Bennett & Pennington, Trustees)
A 88-32 LUP 88-22
Request - Annexation and Zoning, IL
(Limited Industrial)
F.
Chairman's Items
G.
Director's Items
H.
Board and Staff Comments
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REVISED
AGENDA
PLANNING & ZONING BOARD l>1EE'rING
TUESDAY, NOVEMBER 1, 1988 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
ACTION
A. Approval of minutes of October 18, 1988
ANNEXATION, ZONING, LAND USE PLAN AMENDMENTS, AND LOCAL PLANNING AGENCY
REVIEW :
(1) Statement of case by applicant - 5 minutes
(2) Presentation by staff - 5 minutes
(3) Comments from public in support/opposition:
individual - 3 minutes
spokesperson for group - 10 min~tes
(4) Public Hearings are closed
(5) Discussion/Action by Board
B. Annexation and Zoning:
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1.
Part Lots 29 & 30, Clearwater Manor
(Located on the east side of Belcher
Road, north of South Lagoon Circle)
(Underwood)
A 88-33
Request - Annexation and Zoning, RS-8
(Single Family Residential "Eight")
C. Zoning Atlas and Land Use Plan Amendments:
1. Part Lots 12 through 23, Blk. C,
Part Lot 35 & Lots 36 & 37 &
Part Lots 38 through 42, Blk. D,
Mount Orange Revised Sub.
(Located on the east and west side of
Prospect Avenue, north of Magnolia Drive)
(Diocese of St. Petersburg)
Z 88-20 LUP 88-20
Zoning Atlas:
FROM: RS-8 (Single Family Residential "Eight") &
RM-8 (Multiple Family Residential "Eight")
TO: p/SP (Public/Semi-Public)
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Land Use Plan:
FROM: Low Density Residential
TO: Public/Semi-Public
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11/01/88
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2.
Part Lot 17, Clearwater
Indust ria 1 Park
(Located on the south side of Calumet
Street, west of Belcher Road)
(UPARC, Inc.)
Z 88-21 LUP 88-23
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Zoning A.tlas:
FROM: p/SP (Public/Semi-Public)
TO: 11 (Limited Industrial)
Land Use Plan:
FROM: Public/Semi-Public
TO: Industrial
D. Annexation, Zoning, and Land Use Plan Amendment:
1. Part Lot 1, Pinellas Groves &
M&B 32.011 and Part vacated street
SE 1/4 Sec. Ol-29S-1SE
(Located on the west side of Belcher Road,
south of Sunset Point Road)
(Bennett & Pennington, Trustees)
A 88-32 LUP 88-22
Request - Annexation and Zoning, IL
(Limited Industrial)
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Land Use Plan:
FROM: Medium Density Residential
TO: Industrial
E.
Chairman's Items
F.
Director's Items
G.
Board and Staff Comments
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11/01/88
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MINUTES
PLANNING & ZONING BOARD
TUESDAY, NOVEMBER 1, 1988 - 1:30 PM
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Members Present:
Acting Chairman Schwob~ Ms. Nixon, Messrs. Ferrell, Green,
and Hamilton
Also present: M. A. Galbraith, Jr., City Attorney
Members Absent:
Chairman Johnson and Vice Chairman Hogan
A. No action was taken on minutes of October 18, 1988 since the minutes were
not completed.
Acting Chairman Schwob outli.ned the procedures for public hearings conducted
for annexations and zoning atlas and Land Use Plan amendments.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
B. Annexation and Zoning:
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Part Lots 29 & 30, Clearwater Manor
(Located on the east side of Belcher
Road, north of South Lagoon Circle)
(Underwood)
A 88-33
Request
Annexation and Zoning, RS-8
(Single Family Residential "Eight")
The above property is located on the east side of Belcher Road, north of South
Lagoon Circle.
The applicant was not present.
Ms. Harvey advis ed as follows: This is a reques t: for annexation and RS-8
(Single Family Residential "Eight") zoning; there is an ex:isting single family
residence on the property; and, the request is made to obtain City sewer. Ms.
Harvey advised staff recommended approval of the request for annexation and
RS-8 (Single Family Residential "Eight") zoning.
Motion was made by Mr. Green, seconded by Mr. Hamilton, to recommend approval
of the request for annexation and RS-8 (Single Family Residential "Eight")
zoning. Motion carried unanimously (5 to 0).
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P & Z MINUTES
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11/01/88
Land Use Plan:
FROM: Low Density Residential
TO: Public/Semi-Public
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c. Zoning Atlas and Land Use Plan Amendments:
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Part Lots 12 through 23, Blk. C,
Part Lot 35 & Lots 36 & 37 &
Part Lots 38 through 42, Blk. D,
Mount Orange Revised Sub.
(Located on the east and west side of
Prospect Avenue, north of Magnoli.a Drive)
(Diocese of St. Petersburg)
Z 88-20 LUP 88-20
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Zoning Atlas:
FROM: RS-8 (Single Family Residential "Eight") &
RM-8 (Multiple Family Residential "Eight")
TO: p/SP (Public/Semi-Public)
The above property is located on the east and 'tvest side of Prospect Avenue,
north of Magnolia Drive.
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Mr. Tom Korrison, Construction Manager for applicant, stated most of the
property is currently zoned Publici/Semi-Public. He stated the Bishop's
residence is zoned single family residential and the church wants to
incorporate all of its property into Public/Semi-Public zoning with a Land Use
Plan designation of Public/Semi-Public. After questioning by Mr. Schwob, Mr.
Morrison stated the property at 905 Prospect is vacant and the Church wants to
build a two-story office building for use as the tribunal office and to bring
the existing parking lot up to Code.
Atty. Emil C. Marquardt, representative of applicant, stated the City prefers
one kind of zoning district for property under one ownership.
Ms. Harvey advised this is a request for a zoning atlas amendment from RS-8
(Single Family Residential "Eight") and RM-8 (Multiple Family Residential
"Eight") to p/SP (Public/Semi-Public) and a Land Use Plan amendment from Low
Density Residential to Public/Semi-Public. Ms. Harvey felt it would be
appropriate that the Church improvements be made a part of the site plan
record in order that all of the Church property would be under one site plan.
Ms. Harvey advised staff recommended approval of the request for a zoning
atlas amendment from RS-8 (Single Family Residential "Eight") and RM-8
(Multiple Family Residential "Eight") to p/SP (Public/Semi-Public) and a Land
Use Plan amendment from Low Density Residential to Public/Semi-Public.
After questioning by Mr. Green, Ms. Harvey stated, if the City did not have
any indication that the vacant property was owned by the Church during the
areawide rezoning, the City would not have rezoned the property from
residential since the area is primarily residential. Mr. Marquardt stated the
property on the east side of Prospect was not owned by the Church at the time.
No persons appeared in support of or in opposition to the above request.
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Motion was made by Mr. Hamilton, seconded by Mr. Green, to recommend approval
of the request for a zoning atlas amendment from RS-8 (Single Family
P & Z MIN'UTES
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11/01/88
Land Use Plan:
FROM: Public/Semi-Public
TO: Industrial
Residential "Eight") and RM-8 (Multiple Fam.l.ly Residential "gight") to p/SP
(Public/Semi-Publlc) and a Land Use Plan amendment froln Low Density
Residential to Publlc/Semi-Public. Motion carried unanimously (5 to 0).
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Part Lot 17, Clearwater
Industrial Par.k
(Located on the south side of Calumet
Street, west of Belcher Road)
(UPARC, Inc.)
Z 88-21 LUP 88-23
Zoning Atlas:
FROM: p/SP (Public/Semi-Public)
TO: IL (Limited Industrial)
1'h.e above property is located on the south side of Calumet Street, wes t of
:Belcher Road.
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~r. Kike Robertson, representative of UPARC, stated UPARC is in the process of
relocating its operations and the first stage has resulted in a contract for
the sale of a portion of UPARC's property along Calumet Street. He advised the
intended use will not be consistent wi th the Publi.c/Semi-Public zoning as
offices and warehouse are proposed for t11e property. After questioning by Ms.
Nixon, Mr. Robertson stated part of the property being sold is where the
garden center is located.
~r. Chris Hughes, representative of UPARC, stated the garden center is
already in the process of being relocated.
Ms. Harvey advised as follows: This is a request for a zoning atlas amendment
from p/Sp (Public/Semi-Public) to IL (Limited Industrial) and a Land Use Plan
amendmen t from Public/Semi -Public to Industrial; the proposed use of the
property will be in accordance with the industrial zoning category; the
property previously was zoned as Industrial and was amended during the
areawide rezonings to more appropriately reflect UPARC's use of the property;
and, it will be necessary that a site plan and plat be submitted for
development of the property. Ms. Harvey advised staff recommended approval of
the request for a zoning atlas amendment from p/sp (Public/Semi-Public) to IL
(Limi ted Indust rial) and a Land Use Plan amendment from Public/Semi-Public to
Industrial.
No persons appeared in support of or in opposition to the above request.
Motion ,..,as made by Mr. Hamilton, seconded by Mr. Ferrell, to recommend
approval of the request for a zoning atlas amendment from p/SP (Public/Semi-
Public) to IL (T..imited Industrial) and a Land Use Plan amendment from
Fublic/Semi-Public to Industrial. Motion carried unanimously (5 to 0).
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11/01/88
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D. Annexation~ Zoning~ and Land Use Plan Amendment:
1.
Part Lot 1, Pinellas Groves &
M&B 32.011 and Part vacated street
SE 1/4 Sec. Ol-29S-1SE
(Located on the west side of Belcher Road,
south of Sunset Point Road)
(Bennett & Pennington, Trustees)
A 88-32 LUP 88-22
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Request - Annexation and Zoning, 1L
(Limited Industrial)
Land Use Plan:
FROM: Medium Density Residential
~O: Industrial
The above property is located on the west side of Belcher Road, south of
Sunset Point Road.
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Mr. Curtis DeYoung, representative of applicant, stated the CG zoning has
existed in the county and by virtue of a special exception, the property was
approved as a mini-storage facility. He stated the facility is under
construction and is expected to be completed in the near future. He also
stated it is a comple tely dead storage f ac i Ii ty; approximat ely 1/3 of the
facility is air conditioned; and, the request for annexation is being made in
order to obtain City water and sewer, as the property now is using an approved
septic tank. He advised that the applicant recognizes it will be better if the
property is located in the City.
After questioning by Ms. Nixon~ Mr. DeYoung stated his business firm
recommended to applicant that it annex into the City. Ms. Nixon expressed
concern that the subject parcel previously was proposed to be annexed with a
Limited Office zoning and the applicant withdrew the application. After
questioning by Mr. Green, Mr. DeYoung stated the applicant would be permitted
to use the septic tank but Mr. DeYoung's business firm recommended to
applicant that it hook up to City water and sewer. After questioning by Mr.
Hamilton, Mr. DeYoung stated the applicant bought the property as vacant land
then began development.
Ms. Harvey advised as follows: This is a request for annexa ti.on, IL (Limited
Industrial) zoning, and a Land Use Plan amendment from Medium Density
Residential to Industrial; the requested zoning is for the use now in effect,
which use came about after receiving County approval of a special exception;
the property had previously been before this Board and when Limited Office was
approved for the property, the applicant withdrew the application; and, water
and sewer are available. Ms. Harvey stated, when the City was notified of a
special exception proposed for the property, the City objected to the proposed
use.
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Ms. Harvey stated that, by special request and direction of the City
Commission, the City performed a courtesy review of the site plan approved by
the County under which the project is now being constructed. She stated the
Development Review Committee, in its review on October 13, 1988, reviewed the
plan from the standpai nt of wha t the requirements would be if the prope rty
were in the City of Clearwater and if the permits were obtained in the City of
P & Z MINUTES
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11/01/88
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After questioning by Ms. Nixon, Ms. Harvey advised if the above request is
approved the mini-storage use will not be nonconforming; however, if the Board
approves the annexation and Limited Office zoning, the mini-storage use would
be nonconforming. Ms. Harvey stated she is unsure what would be accomplished
by zoning the property as Limited Of fice. She further stated the City has no
control over what is developed in the County and whether the City annexes the
property or not, the use will be on the property. Ms. Nixon expressed concern
that approval of the above request may show the County and other applicants
that a property may be developed in any way under County guidelines and then
the City will annex the property whether it agrees with the use or not.
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Clearwater, the following conditions would need to be met: 1) A setback of 10
feet along the north property line would be required; 2) All traffic aisle
would need to be a minimum of 24 feet wide; 3) The number of parking spaces is
deficient but that was anticipated; 4) Sufficient fire hydrants must be
provided since the property is within the City's fire district regardless if
property is annexed; 5) Drainage and retention provided does not meet City
standards; 6) The water distribution system was to be amended to provide a
looped sys teln to assure a comple te flow of wa t er through the prope rty; 7)
Dumpster locations must meet City requirements; 8) Easements for sidewalks to
be constructed along Belcher Road must be provided; and 9) If there is a
change made to the property other than dead storage, the appl icant will be
required to go through a site plan review process wi.th the City of Clearwater.
Ms. Harvey stated sometimes there has been interest in converting storage
facilities to small offices and other uses. Ms. Harvey stated the property is
being built tinder a permit issued by the County and the County will issue a
Certificate of Occupancy. Sh2 also stated that with the exception of providing
easements to Clearwater, providing for proper dumpster location, and providing
sufficient fLre hydrants for the property. She stated the actual request is
not inappropr iate in te rms of wha t is the eu r ren t use of the property. She
advised the City made a conscienti.ous effort not to have the property
developed in this fashion but she felt the City t.,rill have better control of
the property after it is annexed. Ms. Harvey advised staff recommended
approval of the request for annexation, IL (Limited Industrial) zoning, and a
Land Use Plan amendment from Medium Density Residential to Industrial.
In opposition to the above request, the following person appeared to give her
comment:
Ms. Vera McGinnis, 2101 Sunset Point Road, Raintree Village, expressed concern
about the watershed and standing water as the subject property is higher than
Raint ree Village. She stated the residents were under the impression there
were to be two office buildings constructed on the property. She stated there
is no landscaping and felt there should be some landscaping. She expressed
concern about future development of the parcels to the north and south of the
subject property.
After questioning by Mr. Schwob, Ms. Harvey advised the property to the south
is in the City and is under City jurisdiction and the property to the north is
not in the City and the City has no jurisdiction over the property.
In rebuttal, Hr. DeYoung advised as follows: The drainage will go into dry
detention ponds that are underdraJned; the landscaping requirements have
basically been met wi th the possi hIe exception of the north property line
where there is a zero-foot setback; the septic system was installed in order
P &. Z MINUTES
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11/01/88
F. Director's Items
to get a Certificate of Occupancy [rmn the County; the property will service
only two bathrooms that are occasionally used; and, the applicant does intend
to vacate the septic system and tie into the City sewer system.
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After questioning by Hr. Ferrell, Ms. Harvey stated the City did not actually
receive a landscape plan with the drawings and the City's concern would have
been about landscaping along the right-of-way of Belcher Road and landscaping
to provide buffering. After questioning by Ms. Harvey, Mr. DeYoung stated the
landscaping would be completed before receiving a Cert ifieate of Occupancy
from the County prior to December 1. Af ter quest loning by Mr. Ferrell, Mr.
DeYoung stated that along the west property line there is a six-foot, concrete
wall and with the exception of grass, there is no other landscaping in the
retention area. After questioning by Ms. Nixon, Ms. Harvey stated there is not
sufficient room for the City to maintain its easemen.t if the applicant plants
trees in the easement.
Motion was made by Mr. Hamilton, seconded by Mr. Ferrell to recommend approval
of the request for annexation, IL (Limited Industrial) zoning, and a Land Use
Plan amendment from Nedium Densi ty Res ident ial to Indus trial. Motion carried
(4 to 1) with Ms. Nixon voting "nay."
Mr. Green felt it is better to have the property in the City to have more
control. Mr. Hamilton felt the City pill be able to control any changes that
were made.
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Ms. Nixon stated she had no objection to the annexation of the property but
felt the property could be zoned as nonconforming to show others that property
developed contrary to what the City feels is appropriate and then requesting
annexat ion is no t acce pta ble. She fe It this will not be the only time this
kind of situation will occur.
A list of the Planning and Zoning Board Meetings for 1989 was distributed to
the Board and the Board was notified that the dates would be voted on at the
next meet. Ms. Harvey advised the dates are set up according to the Board's
bylaws.
Mr. Galbraith advised that in the future the City ~ill advertise its public
hearings in the Clearwater edition of the St. Petersburg Times.
Paula Harvey
Planning Director
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11/01/88