07/03/1990 (2)
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ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, JULY 3, 1990 . 1:30 PM
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PLEDGE OF ALLEGIANCE
INVOCATION
j
RECEIVED
ITEM
ACTION
JUl 6 1990
A.
APPROVAL OF MINUTES:
1. June 5, 1990
2. June 19, 1990
Approved
Approved
C1'l'Y CT. EDt)"
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CONDITIONAL USES. ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS. LAND
DEVELOPMENT CODE TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH.
1. The Cbairperson reads from the Public Hearing Notice each item as it is presented. .
2. The slaff report nnd pertinent background information are presented. - 5 minutes maximum.
3. Slaff presents any supporting wrillen documents.
4. Staff presents any opposing wriUen documents.
5. The applicant or his represenlative presents his case. - 5 minutes m""imum.
6. Persons who support the application speak .3 minutes maximum for each individual;
or spokesperson for group - 10 minutes maximum.
7. Persons who oppose the application speak - 3 minutes maximum for each individual; or
spokesperson for group. 10 minutes maximum.
8. Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
maximum.
9. Persons opposing may speak in rebutlal - 3 minutes maximum.
10. The applicant bas an opportunity for final rebuttal. 5 minUles maximum.
11. Public Hearings are closed.
12. Discussion by the Board.
13. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISrON OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. REQUESTS FOR EXTENSION, DEFERRED
AND CONTINUED ITEMS:
1.
CONTINUED FROM JUNE 5, 1990
Lots 1.20, Blk. 5, Revised Pial of
Brooh"Wood Terrace (1315 Cleveland
Street)
Michael E. Lewis, Truslee
(Brasfield Properties, Inc.)
CU 90~3'7
Denied.
Request - To pennil indoor slOfUBCI
warehousing (mini-storage)
Zoned - CO (General Commercial)
P & Z ACTION AGENDA
0'7(03190
2.
CONTINUED FROM JUNE 19, 1990
Lots 1-4, Lot.. 8-10 and Lois 45-52, BI\.:.
C, Belmonl 2nd Addn. (845 Woodlawn St.)
Woodlawn Church of God
CU 90-40
Request - To permit non-commercial
parking
Zoned - P/SP (Public/Semi-Public) and
RM-8 (Multiple Family
Residential
C. CONDITIONAL USES:
1.
M&B 33.02, Sec. 28.28S-16E.
(2508.A McMullen Boolh Road)
John Hancock Mutual Life Insurance
Co/C.S.I. Munchies, Inc. (Munchies Cafe)
CU 90-42
Request - 2-COP (On-premise
consumption of beer and
wine) CHANGE OF
BUSINESS OWNERSHIP
and EX'PANSION
Zoned - CC (Commercial Center)
2.
Lot 17, Island Estates Unit 5A, (222
Dolphin Pt. Dr.) Mounir & Nagwa Agaiby
and Nabil & Samia Assaad (Murphy
Marine)
CU 90-43
Request - To Pennil Marina Walkouts
and Tie Poles
Zoned - RM-20 (Multiple Family
Residential and ALlC
(Aquatic Lands/Coastal)
P & Z ACTION AGENDA
Withdruwn.
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Approved subject to the following conditions:
D. The applicant shall obtain a variance from
the Development Code Adjll'ibnent Board to
resolve the parking deficienc)' associated with
the outdoor scating if necessary;
b. The requisite occupational license shall be
obtnined within six (6) months of the date of
this public hearing; and
c. Access is.'iues associated with handicapped
parking r.unp shall be r~lved by the Traffic
Engineer.
Approved subject to the followillJ: conditions:
a. The applicant shall me application with the
PineJJns County Water and Navigational
Control Authority;
b. The applicant shall obLain requisite building
pennit within six months of this public
hC3ring;
c. The marina shall be utilized exclusively for
the residents of the condominium; and
d. Renting, sale or mage of slips to non-
residents and/or live-abourds shall be
prohibiled.
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1. Alcoholic Beverage Sales. Land Development Code Amendments
3.
M&B's 33.03 & 33.04, See 17.29S-16E
(1051 U.S. Highway 19 S) Gateway
Marine, Inc.lGateway Investments
(Maxima Motors)
CU 9044
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Request. 1) Vehicle Service;
2) Outdoor Retail Sales,
Displnys and/or Storage
Zoned - CH (Highway Commercial)
4.
Lots 1 and 2, Blk 1. Skycrest UnH 9, AND
part of Tract A, Central Park Resub,
(2045 Drew Street)
Skycrest United Methodist Church. Inc.
CU 90-45
Request -
Zoned .
Child Daycare EXPANSION
P/SP (Public/Semi-public)
D. Chairman's Item'i
E. Director's Items
2. Oilier ltems
F. Board & Staff Comments
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P & Z ACTION AGENDA
Continued to July 17. 199()
Approved subject to the following conditions:
a. The requisite County pennit and City
occupationaJ license (if program is offered to
the ~eneral public) shall be obtained within six
(6) months from the date of this public
hearing, and
b. The use shall be limited to regulations under
the Pinellas County Child Care License. '
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REVISED AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, JULY 3. 1990 -1:30 PM
PLEDGE OF ALLEGIANCE
C'" INVOCATION
ITEM
ACTION
A. APPROVAL OF MINUTES:
1. June 5. 1990
2. June 19. 1990
CONDITIONAL USES4 ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS. LAND
DEVELOPMENT CODE TEXT AMENDMEN1'S, AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH.
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1. The Chairperson reads from the Public Hearing Notice each item as it is presented.
2. The staff report and pertinent background information are presented. - 5 JIlinutes maximum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case. - 5 minutes maximum.
6. Persons who support the application speak - 3 minutes maximum for each individual;
or spokesperson for group - 10 nlinutes maximum.
7. 'Persons who oppose the application speak - 3 minutes maximum for each individual; or
spokesperson for gl'OUp - 10 minutes maximum.
8. Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
maximum.
9. Persons opposing may speak in rebuttal - 3 minute! maxil11um.
10. The applicant has an opportunity for final rebuttal - 5 minutes maximum.
11. Public Hearings are closed.
12. Discussion by the Board.
13. The Board makes a decision.
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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. REQUESTS FOR EXTENSION, DEFERRED
AND CONTINUED ITEMS:
1. CONTINUED FROM JUNE 5, 1990
Lots 1-20, Blk. 5. Revised Plat of
Brookwood Terrace (1315 Cleveland
Street)
Michael E. Lewis, Trustee
(Brasfield Properties. Inc.)
CU 90-37
Request - To permit indoor storagel
warehousing (mini-storage)
Zoned - CG (General Commercial)
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REVISED P & Z AGENDA
1
07/03/90
Request - To Permit Marina Walkouts
and 'Tie Poles
Zoned - RM-20 (Multiple Family
Residential and AL/C
(Aqwtic Lands/Coastal)
2. CONTINUED FROM Jl)NE 19, 1990
Lots 1-4, Lots 8.10 and Lots 45-52, BIk.
C, Belmont 2nd Addn. (845 Woodlawn St.)
Woodlawn Church of God
r\ CU 90-40
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Request - To permit non-oommercial
parking
Zoned - P/SP (Public/Semi-Public) and
RM-8 (Multiple Family
Residential
C. CONDITIONAL USES:
1. M&B 33.02, See. 28-28S-16E,
(2508-A McMullen Booth Road)
John Hancock Mutual Life Insurance
CofC.S.I. Munchies, Inc. [.Munchies Cafe)
CU 90-42
Request - 2-COP (On-premise
consumption of beer and
wine) CHANGE OF
BUSINESS OWNERSHlP
and EXPANSION
Zoned - CC (Commercial Center)
2.
Lot 17, Island Estates Unit 5A, (222
Dolphin Pt. Dr.) Mounir &. l'lagwa Agaiby
and Nabil & Samia Assaad (Murphy
Marine)
CU 90-43
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3. M&Bs 33.03 & 33.04, See 17-29S-16E
(1051 U.S. Highway 19 S) Gateway
Marine, Inc.lGatev.'ay Investments
(Maximo Motors)
eu 90-44
Request - 1) Vehicle Service;
2) Outdoor Retail Sales,
Displays and/or Storage
Zoned - CH (Highway Commercial)
4. Lots 1 and 2, Blk I, Skycrest Unit 9, AND
part of Tract A, Central Park Resub,
(2045 Drew Street)
Skycrest United Metho<list Church, Inc_
eu 90-45
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Request -
Zoned -
Child Daycare EXPANSION
P/SP (Public/Semi-public)
REVISED P &. Z AGENDA
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D. Chairman's Items
,E. Director's Items
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1.
Alcolholic Beverage Sales - Land Development Code Amendments
2. Other Items
F. Board & Staff Comments
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REVISED P & Z AGENDA
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07/03/90
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MINUTES
PLANNING & ZONING BOARI>
TUESDAY, JULY 3, 1990
Members Present:
Chairman Jolmson, Ms. Nixon (arrived 1:35 p.J11,.), Messrs. Mazur, Schwob, Ferrell,
Hamilton and Gans
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Also Present:
James M. Polatty, Director of Planning and Development
Scott Shuford, Planning Manager
Chairperson Johnson outlined the procedures for conditional uses and advise<! that any(me 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 th.rough the City Clerk's Office. Florida Law requires any party appealing a decision of this Board
to nave a record of the proceedings to support the appeal.
ITEMS ARE LISTED IN AGENDA ORDER THOUGII NOT NECESSARILY DISCUSSED
IN THAT ORDER.
A. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton to approve the minutes for June 5, 1990
and June 19, 1990 as corrected. Motion carried unanimously (6 to 0),
B. REQUESTS FOR EXTENSION, DEFERRED
AND CONTINUED ITEJ\1S:
1. CONTINUED FROM JUNE 5, 1990
Lots 1-20, B1k. 5, Revised Plat of Brookwood TerTllce (1315 Cleveland Street)
Michael E. Lewis. Trustee (Brasfield Properties, he.), CU 90-37
Reques t -
Zoned -
To permit indoor storage/warehousing (mini-storage)
CG (General Commercial)
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Mr. Shuford gave the background of the case and submitted, in ~riting, the staff recommendation. Mr. Shuford
advised tl1is item was continued so that staff could meet with the applicant to discuss site design issues. Mr. Shuford
stated that staff concerns regarding this proposed use include the upplicant's proposed .64 floor area ratio (zoning
regulations permit only .4), and the proposed 47% building coverage (Code permits 40%).
Curtis DeYoung, 802 No. Belcher, applicant's representative, stated that tllis proposed Dollar Storage facility
will be nicely landscaped with trees and other vegetation which will be maintained in good condition. Surrounding
areas are multi-family and storage space is greatly neede.d and this facility would be of service to the community.
Mr. DeYoung presented to the Board an artist's rendition of the propose<l site showing a typical Dollar Storage
Development and noted this facility will be completely climate controlled passive storage use only. Mr. DeYoung
noted they have not received any objections from surrounding neighbors or businesses.
In response to questions by Board members Mr. DeYoung stated there will be from 600-650 rental units, the hours
of operation will be 7:30 a.l11. to 7:30 p.m., no businesses will be allowed, 11() one will live on the premises, and
that the gate will be closed and the business secured daily at closing.
Mr. DeYoung stated that although staff is recommending denial, if the Board would approve the conditional use,
the applicant is willing to work with the Board to meet any requirements they may have.
Ms_ Nixon asked ifthe applicant would be willing to conform to the 40% building coverage required by City Code.
Mr . DeYoung replied that it would not work economically to build and support the business with less than the 47 %
proposed.
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Discussion ensued with the Board members addressing COllcerns including the f()lIowing: the use being
compatible/incompatible with the neighborhood, inappropriate use due to the entry into downtown Clearwater, the
nero for variances, and the intensity of the proposed use.
P &: Z MINUTES
07/03/90
Request - 2-COP (On-premise consumption of beer and wine)
CHANGE Ol~ BUSINESS O\VNERSHIP and EXPANSION
Zoned - CC (Commercial Center
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Motion was made by Ms. Nixon, and seconded by Mr. Hamilton, to deny the above request as recommended by
staff as follows: it does not appear to be supported by the Standards for Approval of Section 137.011(d).
Specifically, the proposed use does not appear to meet the following Standards for Approval: (2) The use complies
with all other applicable provisions of this development code; (4) The use is consistent with the community
welfare...; (5) The use shall not unduly decrease the value of neighboring property; and (6) The use shall be
compatible with the surrounding area... The motion to deny was carried in roll call vote 5 to 2.
2. CONTINUED FROM JUNE 19, 1990
Lots 1-4, Lots 8-10 and Lots 45-52, Blk. C, Belmont 2nd Addn. (845 Woodlawn St.), Woodlawn Church
of God, CD 90-40
Request - To permit non-commercial parking
Zoned - P/SP (Public/Semi-Public) and
RM-8 (Multiple Family Residential
Mr. Shuford advised the Board that new information had been reviewed since this item was continued from the June
19. 1990 and that the applicant has decided to pursue rezoning and has requested this application be withdrawn.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to withdraw the above request. Motion carried
unanimously (7 to 0).
C. CONDITIONAL USES:
1. M&B 33.02. Sec. 28-28S-16E, (2508-A McMullen Booth Road), John Hancock Mutual Life Insurance
Co./C.S.1. Munchies. Inc. (Munchies Cafe), CD 90-42
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Mr. Shuford gave the bRckground of the C&'ie and submitted. in writing, the staff recommendation. In addition to
the staff report, Mr. Shuford added that the Traffic Engineer noted there is a potential problem with the location
of the outdoor seating at the terminus of the driveway access.
Jan Costello, 2670 McMullen-Booth Road, applicnnt, stated when purchasing this business the patio was already
in existence and part of the business. which included the patio equipment and railing. Ms. Costello stated she
obtained all licenses which were posted when the purchase was made. She advised that Munchies has been operating
successfully for 2 months without incident, it is compatible with the area, many improvements have been made, and
that it is a family type operation.
In response to questions by the Board, Ms. Costello stated that Rutenburg Management Co. did not advise her of
the conditional use requirements and that presently the hours of operation are as follows: usually closed by 10:30
p.m. on weekdays. and by 12:00 midnight on weekends.
In support of the applicant. Mr. Albert C. SprallJde, 121 No. Osceola Avenue, stated he is the agent for Lee
Arnold & Associates and is serving as project manager for the subject property which is owned by John Hancock
Insurance Company. He advised that steps were taken immediately in an attempt to resolve the problems with
Munchies Cafe. In checking with the other tenants in the plaza, Mr. Sprankle advised they were in favor of
Munchies Cafe and support approval of this request.
Discussion ensued with the Board members regarding the necessity of variances and outdoor seating.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell to approve the above request subject to the
following conditions: 1) The applicant shall obtain a variance from the Development Code Adjustment Board to
resolve the parking deficiency associated with the outdoor seating if necessary; 2) The reqllisite occupational license
shall be obtained within six. (6) months of the date of this public hearing; and 3) Access issues associated with
f handicapped parking ramp shall be resolved by the Traffic Engineer. Motion carried unanimously (7 to 0).
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P & Z MINUTES
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07/03/90
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2. Lot 17, Island Estates Unit SA, (222 Dolphin Pt. Dr.) Mounir & NHgwa Agniby and Nabil & Samia
Assaad (Murphy Marine), CU 90-43
Request -
Zone<l -
To Permit Marina Walkouts and Tie Poles
RM-20 (Multiple Family Residential and AL/C (Aquatic Lands/Coastal)
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i Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Micbael W. Murphy, 770 Island Way, #204, representative of the applicant, stated there are no existing docks
or tie poles at the subject property. Mr. Murphy read a letter from the property management company, Ocean
Seven Realty. stating the boat slips are intended for the exclusive use by the owners and residents of the complex
at 222 Dolphin Point, Clearwater. Mr. Murphy added that the Harborrnaster had no objection to this request.
No persons appeared in support of or in opposition to the above request.
Discussion ensued with the Board addressing the us.'lge of the proposed boat slips.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the
following conditions: 1) The applicant shall file application with the Pinellas County Water and Navigational Control
Authority; 2) The applicant shall obtain requisite building pennit within six months of this public hearing; 3) The
marina shall be utilized exclusively for the residents of the condominium; and 4) Renting, sale or usage of slips to
non-residents and/or live-aboards shall be prohibite<l. Motion carried unanimously (7 to 0).
3. M&B's 33.03 & 33.04, See 17-29S-16E. (1051 U.S. Highway 19 S) Gateway Marine, Inc./Gateway
Investments (Maximo Motors), CU 90-44
Zoned -
1 ) Vehicle Service;
2) Outdoor Re~1il Sales, Displays and/or Storage
CH (Highway Commercial)
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Request -
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Mr. Polatty stated a letter was delivered to this meeting by the City Clerk's office from Mr. Mark Llewellyn,
applicant's represenU\tive, requesting continuance ofthis request to the July 17, 1990 meeting, to allow applicant
time to respond to staff comments.
Motion was made by Mr. Schwob, and se~onded by Mr. Ferrell to continue the above request to the July 17, 1990
meeting. Motion carried unanimously (7 to 0).
4. Lots I and 2, Blk. I, Skycrest Unit 9, AND part of Tract A, Central Park Resub,
(2045 Drew Street) Skycrest United Methodist Church, Inc., CU 90-45
Request -
Zoned -
Child Daycare EXPANSION
P/SP (Public/Semi-public)
Alan Gaylord, 1323 Hamlin Drive, applicant, stated that currently the church is operating a one day, one morning
program~ called Mothers Morning Out, on Wednesdays from 9 a.m. to I p.m. for infants through 5 year olds and
proposes to expand program to 3 days a week. Mondays, Wednesdays, and Fridays for 2-5 year olds, and keep
the infant program on Wednesdays. Mr. Gaylord noted that the program started with only 3 children and has grown
to 15. The children will not be near residential areas~ and that the playground will face Drew Street and gates will
be secured to protect the children from the street.
In response to questions by the Board, Mr. Gaylord stated his Pinellas County license is limite<l to 3 days a week,
4 hours a day and to expand the program further would require re-licensing by the County.
Discussion ensued with the Board addressing the restriction of hours of operation. The consensus of the Board
was not to limit the hours and/or days of operation as a condition of approval so that if the applicant wished to
expand the program further, it would not require another conditional use application to do so.
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No persons appeared in support of or in opposition to the above request.
P & Z MINUTES
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07/03/90
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Motion was made by Mr. Hamilton, and seconded by Ms. Nixon, to approve the above request subject to the
following conditions: 1) The requisite County permit and City occupational license shall be obtained within six
(6) months from the date of this public hearing, and 2) The use shall be limited to regulations under the Pinellas
County Child Care License. Motion carried unanimously (7 to 0).
D. Chairman I s Items
E. Director's Items
1. Alcoholic Beverage Sales - Land Development Code Amendments
Mr. Shuford reviewed with the Board handouts with suggested Land Development Code Amendments (copy
attached), item by item. The Board members provided input and made suggestions for amendments to the staff
recommendations.
F. Board & Staff Comments
Board members brought to the attention of Mr. Polatty and Mr. Shuford several problems they have observed
requiring investigation in regard Code Enforcement (a detailed list of items discussed is attached).
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Meeting adjourned at 4: 15 p.m.
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James
Plannin
1fvv--t..,~
Polatty, Jr., AI CP, Director
nd Development Department
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P & Z MINUTES
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07/03/90