10/16/1990 (2)
.. ., .'. . '.',", '/ . ' " . ~ . '. j ;' . . ~ . ..: " " '" . . . .. I ~." ,..,,' ..' '. . " . ' ~, ,
ACTION AGENDA
. PLANNING & ZONING BOARD MEETING
TUESDAY, OCTOBER 16, 1990 - 1 :30 PM
HECEIV'ED
"
PLEDGE OF ALLEGIANCE
INVOCATION
lllM
:-
ACTION
OCT 18 1990
A.
APPROVAL OF MINUTES
1. September 4, 1990
2. September 18, 1990
3. Octobor 2, 1990
Approved
Approved
Contlnuod
C'!'I"\!" ,'1 r.-n\("
...\ .....~.:.-: -.., ,.). .
CONDITIONAL USES. ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS, LAND
OEVELOPMENT 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 Chairperson reads from the Public Hearing Notice each item as It is presented.
2. The stafl report and pertinent background lnrormation are presented.. 5 mlnutos maximum.
3. Staff presents any supporting Qvritten documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case, - 5 mlnutos maximum.
6. Persons who support the application speak. 3 minutes mBlelmum for eoch Individual;
or spokesperson for group - 10 mtnutos mOlelmum.
7. Persons who oppose the application speak. 3 mlnutos malelmum for oach IndIvidual; or
5pokosporson for group - 10 mlnutos moxlmum.
8. Persons supporting the applicallon (other than applicant! may speak in rebuttal. 3 mlnuto~
maximum.
9. Persons opposing may speak in rebuttal. 3 mlnutos mOlefrllum.
10. The applicant has an opportunity for final rebuttal - 5 mlnutos 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 DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. REQUESTS FOR EXTENSION, DEFERRED
AND CONTINUED ITEMS:
,'.
1.
Lot 1 and part of Lot 2, Blk B-1, Maryland Sub..
located on the cast side of S. Greenwood Ave.
approximately 176 feet south 01 Turner St.
(Jaquier Investments Inc.!
Z 90-07. lUP 90-16
Approvod
LAND USE PLAN:
FROM: High Density Residential
TO~ Residential/OHice
ZpNING ATLAS: ~
FROM: RM.2B (Multi.family Residential
TO: OL (Limited Ollice!
C. CONDITIONAL USES:
1.
lot 2, Studebaker's Sub.
12516 Gulf-to.Bay Blvd.!
Ufe Savings Bank/Aaron R. Fod;man
IBlackpool Palace Ltd. Fla. Inc.)
Cu 90.65
Approved subjoct to tho following conditions:
11 Tho applicant succoS5fully transfer tho 4.
COp.SRX FlorIda Stato doslgnated alcoholic
boverage IIconsa;
2) The applicant obtain requlslto occupational
IIconse within two (2) month5 of the doto of thIs
public hoarlng;
3) The solo of elcohollc beverages shall be
rostrlctod to consumption on promlsos with no
package sn105:
4) Tho applicant shall provldo proof to the City
of Clearwator of on agroomont with Florida
Powor Corporat1on to U50 tho Florida Powor
Aequest . To permit on premise consumption of
beer, wine and liquor
Zoned. CG [General Commercial}
P & Z ACTION AGENDA
10/16/90
. .,' I '. . ~ I.",~ . . ..'. .:. f .r' " .,.' . ., . '. . " I I .. . . '.' ..,.., " ".' '.
2.
Part of Lots 14 & 15, Sec. 12-29.15,
Pincllas Groves/Northwest corner 01 Belcher and
Range RoadslWeaver Enterprises, Inc.
(Florida RealtY Fund Tw.o, Ltd.)
CU 90.66
Request - To permit vchlcie inspection station
Zoned - IL (Limited Industrial)
Lot 7, A.B. and Jennie Cates Sub.
407 N. Osceola Avenue
Salvation Army
CU 90-67
3.
Request - To permit transitional residential
shelter
Zonod . ~M'28 (Muhi.Famlly ResIdential)
4.
Lot 1 and Part of Lot 3, Clearwater Industrial
Park Replat/2140-2146 Sunnydale Blvd.
Zarvalas Enlerprises, Inc.
CU 90.68
Request . To permit the placement 01 a trailer
lor night watchman' ,.
Zoned . IL (Limited Industrial)
P & Z ACTION AGENDA
rlght.of.way for overrlow perkIng, 01 woll os tho
ogrooment/eosomont for tho Ropubllc Bonk
perkIng: those agroomonts/oosomonls must be
lIetlsfoctory to the City Attorney prior to
Issuance of tho occupational IIconso;
51 Tho applicant sholl provldo tho Plonnlng and t"""
Dovelopment Dopertmont wlth a sooting plan
which meots tho standards doscrlbod In tho
Archltocturol GroDhlc Standards msnusl."
Amorlcnn Instltuto of Archltocts for tabiD slzos
and alslo widths: thIs sooting plan sholl be
8dhorod to at oll tlmos by tho managomont of
tho proposod nIghtclub;
61 The raqulremonts of the 4.COP.SRX IIconse
Iholl bo odhorod to at all tlmos by tho
monogomont of tho proposed nIghtclub, Bnd 0
copy of thhl IIco"IO shall bo provided to tho
PlannIng and Dovolopmont Dopartmont; and
71 This condlUonal uso parmlt shall bo for s nino
(91 month trial porlod In ardor for the applicant',
compliance w1th the CIty', law enforcemont
codes during thl. porlod to bo obsorved and
ovoluatod.
Contlnuod to tho Octobar 30, 1990 mooting.
Approved subJect to the following conditions:
11 Thoro shall bo no sIngle adults In the facility:
2) Tho OccupatIonal Uconso sholl be procurod
within 6 months;
3' The soclDI sorvlce oHlco! provldnd sholl bo
cloarly accossory to tho primary use of tho
proporty and the offlcos shall sorvo resldonts
only;
41 Tho managomont of tho facility shall be undor
olther the dlroct suporvlslon of the Solvetlon
Army staff or tho Solvotlon Army stoff shoH
othorwlso relaln ultimate admInistrative authority
for tho facility's managomont.
Contlnuod to OClobor 30, 1990
i
'I
---"", ,
2
1 0/16/90
. " . '...~.~ J ',' I...":., '. ,', : ." ." ,,' . . '. , '. t: ~'. . " '.. "'. .
~. 5. Lots 1 and 2, O. Harrington's Sub. Donlod roquest for outdoor ratoll car nlol:
. ," 500 N. Ft. Harrison Avenue Approvod roquests for non.commotclal parking
Adriano SattagUn1 and vehicle sorvlce subJoct to tho followlnll
CU 90.69 conditions:
1) Tho dlroctlon of olaro of lights from both
f~- Rcquest . To permit 11 nan-commercial parking, motor vehlclos ond lIIumlnaUng flxturol on tho
".'\ "'2) outdoor retail car sales, and 31 vehicle site Iholl bo orlentod away from surrounding
services proportlos;
Zoned - CG (General Commerclall and RM-28 2) PerImeter end Interior landscapIng 'or lot 2
(Multi-Family Residential) shall be provldod In conformance with Sections
136.023(cl through UI:
31 The appllcl'lnt sholl provide a five foot wide
por/motor plontlng strIp on lot 1 along N. Ft.
Houllon Ave. to lncludo II three 'oot high hedge,
two shade trees and low volume Irrigation.
Such landscaping shall bo Installod prior to tho
Issuanco of tho roqulslte cortlflcate of
occupancy:
4) All used tlros, purts, and !Ilmller objocts shall
bo storod In tho building or othor enclosod
structuro;
5) AlllOrvlco facllltlos sholl be Indoors. Major
ropalrs, Including onglno or transmission
dismantling, paintIng, body, fender, and muffler
work sholl not be allowed:
61 Vehicle tlervlce work shall be rostrlcted to
7:00 8.m. . 6:00 p,m. Monday through
Saturday, with no service work done on
Sundays:
71 All parts sholl be stored Indoors:
81 Tho slto design shall bo approved by tho
Planning &. Development Dlroctor with 2 months
of this public hoarlng this shall Include tho
parking doslgn moetlng all City roqulrements;
and
9) This condltlonol use permit shall be granted
for ft trial period of 1 (one) yellr.
D. ANNEXATION, ZONING, LAND USE PLAN
AMENDMENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL PLANNING
AGENCY REVIEW:
1- Part of Lots 14 & 15, Sec. 12-29-16, PinelJas Approvod
GroveslLocatcd on the north side of Range Road
approximately 600 fl. west of Belcher Road
Weaver Enterprises, lnc,/Florida ReallV Fund
Two, Ltd.
A 90-12, LUP 90-17
Request. Annexation, land Use Plan & establish
Zoning Atlas District
LAND USE PLAN:
FROM: Unclassified .
TO: Industrial
ZONING ATLAS: lL ILimited Industrial)
2. land Development Code Amendment Required Wlthdrnwn
by the Comprehensive Plan:
DevelonmQnl Densities Seaward of the CCCL.
Those proposed amendments prohibit the
assignment of density to properties seaward of
the Coastal Conslructton Conlrol Uno in
accordance wilh Comprehensive Plan policies.
E. Chairman's Items
F. Director's Hems
-.. G. Board & Staff Comments
~.
P & Z ACTION AGENDA
3
10/16/90
FORM 8B MEMORANDUM OF VOTING CO'~FLICT FOR
COUNTY, MUNICIPAL, AND OTHER lO-CAL PUBLIC OFFICERS
~^sr~ N^M~-nHST N,.", ;-MI~~1: NAME N I~ {)'CI{)A~' 'OU'~('Il:. ('(lM~lISSI~N. AUTl~RITY. OR cpMMITTEE
,., )J~LY Q')L L ~ fJA- f(C/V1(.&1U 1; 2, .'- I.... /J, -l_)
, "\d ADUlU, 'S 1 1111; 1I11.\HO. t'lIU ell.. COMMISSION. AU r IORllY. OR C;'OM~ H ON
L. '1)'1 ! ~ .. -t W'lll'lI I SEH\'I' I, ^ lJNI'I OF:
I ~i)l-. 9 I )1 t-- J- ( ~ :' ('OUNI\' I' (J11I1;\{ 1 oeM Mir:NCV
N^ML: or l'uU fle. AI. SUUIIIVISION:
" .. /
.. IJ '7'
/' 1...1 U./I:? 4--<"";'
M\' "OSI liON IS:
I (J ~ I?~ - q 0
:. HECflVE
~;J;OiNlIVC ;,
--'. --
WHO MUST FILE FORM 8B
This fonn is for mc by any person serving utthc county, diy, or other locallc\'c1 of govcrnmcnt on an appointcd or elected board,
council, cOTllmission, authority, or commillce. It applies equally to llIcmbers of nth'isor)' and non-advisory bodies who arc presented
wit h a \'ot ing conflict uf intcrest ultder Scct illll 112.3143, ploridn Stat utes. The requi rements of this law arc mandatory; although
Ihe use of this particular form is not required by Jaw, you arc encouraged to use it ill making the disclosure required by law.
Your respollsibilitics under the law when faced wilh u n\l:asure in whic:h you ha\'e a conFlict of interest will vary greally depending
on whether you hold un c1ecth'e or appointive posilion. por this reason, please pay close attention to the instructions on thi!. form
before compleling the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
'-'t'~LECTE(} OFFICEUS:
A person holding elective county, ltIunidpal, or olher local public: oflic:e f\IUST ABSTAIN flam vOling on a measure which inures
to his special pri\':lle gain. Each local officer al\o i~ prohibiled l'roll1 knowingly nlling all a measure which inures to the !lpecial
gain of a principal (other than a go\'ernment agency) by whom he is relained.
In eilher case, YOll should disclose the conFlh:I:
PRIOH TO THE VOTE BEING TAKEN by publicly stalin}! to the assembly the nature of your intelest in the measure on
which you arc abstaining from \'ot ing; (1IId
WITHIN 15 DAYS AFTER THE VOTE OCCURS by colllpleting ami filing lhis ronn wilh the person responsible for recording
the minutes of the mecling, who should incorporate Ihe fmlll in the llli1lUIC5.
APPOINTED OFFICERS:
A persoll holding appointivc COLUIl)', municipal, or olher local public- office MUST ABSTAIN from voting 011 a measure which
inures 10 his special private gain. Each local officer aIM) is prohibiled from knowingly voting on a measure which inures 10 the
special gain of a principal (other Ihan a government agcncy) by whom he is retained.
A persall hOlding an appoilllive local office otherwise may participate in a mailer in which he has a conflicl of interesl, bUI must
disclose the naturc of the conflicl befOlc making any allcmpllo influellce Ihe decision by oral or wrillell comlTlunication, whether
made by the officer or al his direction.
IF YOU INTEND TO MAKE ANY ATTEf\lPT '10 INfLUENCE TIlE DECISION PRIOR TO TilE I\IEETING Ar WHICH
THE VOTE WILL BE TAKEN; .
'" "
,. ; should complete and file lhis lorm (bCt'orL' lI1aJ..illg any aocmpl 10 influellce the <kcisjun) with the pcrsoll responsible for
.':':...Idillg the minules of the IIlCCtillg. who will incOlpor4uC lhe form ill Ihe minUlcs.
· A COP)' of the Form should be rro\'ided imll1etlintcJy 10 the othel II1cmbels ur the agency.
· The lor m shou Id be read publici)' al I he mect in!! priOl to con~idcr~ll inn of I he mailer in which you have a con lliet of interest.
I 111M'. -n III ~~
"AGE I
.' .. , ,,' I . . .. > ." :. l ' '~ .' . 'J '. . . j , I",.,' I ~".' '. :. I. . ". . ., .. . ". . . ..:' . / <. . " '.-.
IF YOU tIotAKE NO ATTEMPT TO INr:l.UENCE THE DECISION r:XCEPT BY t,JSCUSS10N AT THE MEETING: ..__
. (.
~'" .,
· YOll ~holJ'd disclose orally rhe nature of }'uur conflict in the /IlCil~ure hefore.: parlkiputing.
· You shuuld l'olllplele the form nnd file il wilhin 15 dn)'s aflcr rhr vorl' occurs with rhe person responsible for recording rhe minutes
of the meeting, who shuuld incorporate lhe form in the minntes.
I. 0~,- /la'\I;'"
DISCLOSURE OF LOCAL OFFICER'S INTEREST
~~. herebl' disclose thaI on {)I'~-1.J
IG
.1910:
(0) ^ IIll'USlHC Cnme or will come berore II1Y ngency which (check olle)
L,ured 10 111}' spccial privall' ~ain: or
_ inured to Ihe spednll1ain of ________
. b)' whom 1 am retained.
(b) The IlIca3ure before m)' agcnc)' aud thc mlllHe of my interest ill rhe l\tet\surc is as follows:
~ f4T1<.M-Ir:(;)'f~~ ~ ,'- 6r2io-J ~&J~}<.L
~ f1-~C)" E- , r;; d~t.&'-v--> ~lk t''Y-fL,,:.-? j-a? , C0 1.,,_
fhLI2X~'U>J I<AJ.. r-v;,:.:r '76, o.-lt,rlJ a..- 7L^-7JZt~
,JINU;'j /dc4-fJ ",yj- :J S-I L t~ /;, rS"'J /jit, ).,
f1;;:~~/Cr'01 ~~; )t~~ C'E I V f. D
C&~e..* C. 0- 1v -~) 5
'~J~t,-!L,- )J!<.~._ ,:;I I
OCT :)0 1990
'...... {' 1" \,' C-'1 l' I , [-'
\...J... 1 J._L:h~"t... ~
---)1(1(:; 40,,__.._________ -
Date Filed (--L
",-.--'-~'..? ~
) "7 /--:....../ ,.,/
~// ,-; ,/ ./'''
.V-] .' /,' ~
?;;::- , ,/'"., -...........
/ .,' ,./ "
"......"" L.-~
siy;;.{~-----,-// - ~
/ ,/
I
:"
,
, e"Y
Ii "'-'"...,.....~~
/
NOTICE: UNDER PROVISIONS OF FLOR IDA STArU'1 ES ~112,317 (1985). ^ FAlJ.URE TO 1\1A"E ANY REQUIRED
DISCLOSURE CONSTITUTES tiROUNIJS FOR AND 1\11\ Y BE PUNISII ED BY ONE OR I\IORE OF THE FOL.LOWING:
1~IPE^CH~IENT. REI\IO\'AL OR SUSPENSION FIWt\1 OFFI(T OR Et\IPLOYMENT, DE't\10TION. REDUCTION IN
l;)l\LARY. REPRII\I1\ND, OR A CIVIL PENALTY NOT TO EXCEED 55,nOll.
, I ~ I' . t .. ~I ." of..
/."">c....,
t
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
A. APPROVAL OF MINUTES
1. September 4, 1990
2. September 18, 1990
3. October 2, 1990
ACTION
;i'
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, OCTOBER 16, 1990 - 1 :30 PM
CONDITIONAL USES. ANNEXATION, 20NING, LAND USE PLAN AMENDMENTS, LAND
DEVELOPMENT CODE TEXT AMENDIVIENTS, AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH.
1. The Chairperson reads from the Public Hearing Notice each item as it is presented.
2. The staff report and pertinent backg round information are presented. - 5 minutes 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 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 rebuttal - 3 minutes maximum.
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.
/'
~'-
'i..;~ .
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDING S TO SUPPORT SUCH APPEAL.
B. REQUESTS FOR EXTENSION, DEFERRED
AND CONTINUED ITEMS:
1. Lot 1 and part of Lot 2, Blk 8-', Maryland Sub..
located on the east side of S. Greenwood Ave.
approximately 175 feet south of Turner St.
(Jaquier Investments Inc.)
Z 90-07, LUP 90-16
LAND USE PLAN:
FROM: High Density Residential
TO: Residential/Office
ZO~JING ATLAS:
FROM: RM-28 (Multi-family Residential
TO: OL (limited Office)
C. CONDITIONAL USES:
1. Lot 2, Studebaker's Sub.
(2516 Gulf-to-Bay Blvd,)
Life Savings Bank/Aaron R. Fodiman
(Blackpool Palace ltd. Fla. Inc.)
CU 90-65
Request - To permit on premise consumption of
beer, wine and liquor
Zoned - CG (General Commercial)
(,,.
P & Z AGENDA
1
10/16/90
I ',_', i .' ' . ' . .. . .', /". ' . , ' . , .
2.
Part of Lots 14 & 15, Sec. 12-29-15/
Pinellas Groves/Northwest corner of Belcher and
Range Roads/Weaver Enterprises, Inc.
(Florida Realty Fund Two, Ltd.)
CU 90-66
3.
Request - To permit vehicle inspection station
Zoned - IL (Limited Industrial)
Lot 7, A.B. and Jennie Cates Sub.
407 N. Osceola Avenue
Salvation Army
CU 90-67
I,'
,;
~
"I,,;,,~~\; >,
, ,
I
!'
4.
Request - To permit transitional residential
shelter
Zoned - RM-28 (Multi-Family Residential)
Lot 1 and Part of Lot 3, Clearwater Industrial
Park Replat/2140-2146 Sunnydale Blvd.
Zarvalas Enterprises, Inc.
CU 90-68
,
h
l'
i
j
j'
~ '
\,
Request - To permit the placement of a trailer
for night watchman
Zoned - IL (Limited Industrial)
5. Lots 1 and 2, O. Harrington's Sub.
500 N. Ft. Harrison Avenue
Adriano Battaglini
CU 90-69
,I,
I
I
,I.
t.
J
'f]
Request - To permit 1) non-commercial parking,
2) outdoor retail car sales, and 3) vehicle
services
Zoned - CG (General Commercial) and RM-28
(M ulti-Family Residential!
D. ANNEXATION, ZONING, LAND USE PLAN
AMENDMENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL PLANNING
AGENCY REVIEW:
1. Part of Lots 14 & 15/ Sec. 12-29-15, Pinellas
Groves/Located on the north side of Range Road
approximately 600 ft. west of Belcher Road
Weaver Enterprises, Inc./Florida Realty Fund
Two, Ltd.
A 90-12, LUP 90-17
Request - Annexation, Land Use Plan & establish
Zoning Atlas District
LAND USE PLAN:
FROM: Unclassified
TO: Industrial
ZONING ATLAS: IL (Limited Industrial)
2.
land Development Code Amendment Required
by the Comprehensive Plan:
Develooment Densities Seaward of the CCC,=.
These proposed amendments prohibit the
assignment of density to properties seaward of
the Coastal Construction Control Line in
accordance with Comprehensive Plan policies.
E. Chairman's Items
J,
,>1<
F. Director's Items
{','
't.._"
G.
Board & Staff Comments
P & Z AGENDA
2
10/1 6/90
j '. . o. . . ' . ~ I. .,' . .' .
MINUTES
PLANNING & ZONING BOARD
TUESDAY, OCTOBER 16, 1990
r
I
I
I
!
Members Present:
Chairman Johnson, Ms. Nixon, Messers. Ferrell, Nazur, Schwob and Hamilton
(~"".
"
t '
Members Excused:
Mr. Gans
Also Present:
James M. Polatty, Director of Planning and Development
Scott Shuford, Planning Manager
Chairperson 10hnson 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 record of the proceedings to support the appeal.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARlL Y DISCUSSED
IN THAT ORDER.
A. APPROVAL OF MINUTES
Motion was made by Mr. Hamilton, and seconded by Mr. Schwob, to approve the minutes of the meetings of
September 4, 1990 as written and September 18, 1990 as amended. Motion carried unanimously (6 to 0).
B.
REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
" ,
p
1.
Lot 1 and part of Lot 2, Blk B-1. Maryland Sub., located on the east side of S. Greenwood Ave.
approx.imately 175 feet south of Tumer St. (Jaquier Investments Inc.)~ Z 90-07, LUP 90-16
I
I
C'."-.
- .';~
0:1"':"
LAND USE FLAN:
FROM: High Density Residential
TO: Residential/Office
ZONING ATLAS:
FROM: RM-28 (Multi-Family Residential
TO: OL (Limited Office)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Donald J. Sykes-Free, 1715 Woodridge Dr., architect representing the applicant, stated that through a
market study of the area, it was determined there is a great need for child day care and the present zoning does
not permit that use.
Mr. Schwob stated that the proposed child care use would be a conditional use application and should not be
considered for this rezoning request. Mr. Shuford stated the requested zoning is the least intense that would
allow child day care as a conditional use.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above request. Motion carried
unanimously (6 to 0).
C. CONDITIONAL USES:
1. Lot 2, Studebaker's Sub. (2516 Gulf-to-Bay Blvd.), Life Savings ]Jank/Aaron R. Fodiman (Blackpool
Palace Ltd. Fla. Inc.), CU 90-65
Request - To permit on premise consumption of beer, wine and liquor
Zoned - CG (General Commercial)
Ms. Nixon slated due to a conflict of interest she will not participate in discussion or vote in this matter.
,
\.,
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr.
Shuford provided a sealing plan submitted by the applicant for the Board's cursory review and advised that
staff has not had the opportunity to review it as yet.
Thomas Merrell, 2892 Deer Run, South, Assistant Secretary to Wilder Corp. of Delaware, stated he is
representing the applicant and would answer questions for the Board members.
P & Z MINUTES
1
10/16/90
Request - To permit transitional residential shelter
Zoned - RM-28 (Multi-Family Residential)
r'
I
Discussion ensued regarding the availability of the applicant, Ms. Tiffany Wilder, to be present to answer
detailed questions. Mr. Merrell stated Ms. Wilder is in a meeting with the Division of Alcoholic Beverages
and Tobacco and therefore could not attend this meeting.
Mr. Merrell stated that they plan to open the business referred to as The Equator. It will he operated as a
restaurant & nightclub. He stated there will not be wet T-shirt contests or "teddy" contests. There will be
bikini contests and things of that nature occasionally for special promotions. Mr. Mcneil said that they desire
to run a clean respectable business and be a good neighbor and will have security and will police the property
dail y .
In response to questions by the Board, Mr. Merrell slated Tiffany Wilder, 21, will be operating the business in
conjunction with the gentleman who managed the club when it was Studebakers and that he will be on-site
during operating hours; the booths have been reinstalled and they hope to maintain a 50 % food/50% alcoholic
beverage sales;' and that waitress and bartenders will assist patrons in obtaining a taxi when necessary should
they appear to be intoxicated.
Discussion ensued with the Board members expressing concerns including the following: problems with this
location when it was Mako's and Studebakers; the length of time for a trial period and to obtain occupational
license; and the seating plan presented.
No persons appeared in support of or in opposition to the above request.
.;j\:,
~..
+1:r:
Motion was made by Mr. Schwob, and seconded by Me. Ferrell, to approve the above request subject to the
following conditions: 1) The applicant successfully transfer the 4-COP-SRX Florida State designated alcoholic
beverage license; 2) The applicant obtain requisite occupational license within two (2) months of the date of
this public hearing; 3) The sale of alcoholic beverages shall be restricted to consumption on premises with no
package sales; 4) The applicant shall provide proof to the City of Clearwater of an agreement with Florida
Power Corporation to use the Florida Power right-of-way for overflow parking, as 'Well as the
agreement/easement for the Republic Bank parking; these agreements/easements must be satisfactory to the City
Attorney prior to issuance of the occupational license; 5) The applicant shall provide the Planning and
Development Department with a seating plan which lneets the standards described in the Architectural Graphic
Standards manual, American Institute of Architects, for table sizes and aisle widths; this seating plan shall be
adhered to at all times by the management of the proposed nightclub; 6) The requirements of the 4-COP-SRX
license shall be adhered to at all times by themanagement of the proposed nightclub, and a copy of this license
shall be provided to the Planning and Development Department; and 7) This conditional use pertuit shall be
for a nine (9) month trial period from the date of issuance of the occupational license in order for the
applicant's compliance with the City's law enforcenlent codes during this period to be observed and evaluated.
Motion carried unanimously (5 to 0).
2. Part of Lots 14 & is, Sec. 12-29-15, Pinellas Groves/Northwest corner of Belcher and Range
RoadslWeaver Enterprises, Inc., (Florida Realty Fund Two, Ltd.), CU 90-66
Request - To permit vehicle inspection station
Zoned - IL (Limited Industrial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr.
Shuford stated that staff had received a traffic impact study and have not had the opportunity to evaluate it and
recommended this item be continued.
George Deakin, 2240 Belleair Road, of Tampa 'Bay Engineering, Inc., stated he conducted the
transportation analysis submitted to staff and that he has slides to present to the Board.
Discussion ensued regarding the review of this report by Mr. Crawford and Mr. Merrians of the Traffic
Engineering Division and whether they could be called for their comments. Mr. Polatty felt that the study
should go through the normal review process allowing the affected departments to revie'W it and provide their
comments in writing and would therefore recommended that the Board continue this item.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to continue the above request subject to the
October 30, 1990 meeting. Motion carried unanimollsly (6 to 0).
3. Lot 7, A.B. and Jennie Cates Sllb., 407 N. Osceola Avenue, Salvation Army, CU 90-67
f
''-.... Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, IUld advised
that one letter in support and one letter of objection had been received.
P & Z MINUTES
2
10/16/90
4.
Lot 1 and Part of JA)t 3, ClealWater Industrial Park Replat12140-2146 Sunnydale Blvd.,
Zarvalas Enterprises, Inc., CU 90-68
Request - To permit the placement of a trailer for night watchman
Zoned . IL (Lil11i ted Industrial)
(0 ,
O. Stephen Thacker, Attorney, repr~enting the Salvlltion AI'l1lY, stated they have no objection to staffs
recommended conditions for approval. Mr. Thacker stated there seems to be a misunderstanding in regard to
offices. This is request is si milar to the re.quest that was approved by this Board in March of 1989. However,
that application asked for 2 offices in the building and the Board was against that. In the current application
there arc no proposed offices. Mr. Thacker noted that the application mistakenly stated there will be "9 large
apartment buildings" this should have been stated "9 rental apartment units" in one building. The Salvation
Army feels there is a great need for transitional residential shelter in the community, which will not be for
single persons, but rather there may be single parents in residence. Mr. Thacker noted residents will be
required to sign a contract with rules and regulations and to pay rent. Mr. Thacker stated the building will be
renovated to meet City codes.
In regard to the suggested conditions by the Harbor Bluffs Waterfront Condominium Association, Mr. Thacker
stated the funds for the Salvation Army are somewhat limited and discussed in detail the 7 conditions listed
(attached).
In response to questions by the Board, Mr. Thacker stated that child care would be provided off site; there will
be no on-site manager; the resident" will have a written contract they must comply with; and no children's
playground is planned.
In response to a question by the Board, Mr. Shuford stated this application is necessary due to RM-28 district
permits only 6 units, and 9 are proposed; and staff was under the impression there would be an office on site
providing support services to the residents.
No persol1s appeared in Sllpport of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above request subject to the
following conditions: 1) There shall be no single adults (excepting single parents)in the facility; 2) The
Occupational License shall be procured within 6 months; 3) The social service offices provided shall be clearly
accessory to the prinury use of the property and the offices shall serve residents only; 4) The management of
the facility sball be under either the direct supervision of the Salvation Army staff or the Salvation Army staff
shall otherwise retain ultimate administrative authority for the facility's management. Motion carried
unanimously (6 to 0).
"".
i~
"r:~~ .
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation and advised
that one letter of support had been received since the mailing of the Board packets.
Zisimos A.. Zarvalas, 300 So. Nimbus, stated he is the owner of the property and his tenants as well as the
tenants of the sunounding buildings desire to have the trailer for the night watchman. Mr. Zarvalas stated the
watchman provides protection and security for his building and the other buildings as well.
In response to questions by the Board, Mr. Zarvalas stated the trailer would be used for an office for the
watchman only and not for living quarters.
Mrs. Vera McGinnis, 2101 Sunset Point Road, #701, representing Raintree Village Condominiums, stated
that their southernmost units are very close to the fence that separates the industrial park from the
condominiums and th.ey !lre concerned about where the trailer will be located, the height of the trailer, and
noise. Ms. McGinnis presented a letter from June Fischer, President of the Raintree Village Condominium,
Inc. which. outlines the concerns Ms. McGinnis spoke about.
l..
Frank J{lInncn, 22067 U.S. 19, in opposition, stated that there is an office in the building on the property
that can be used for a night guard, and that the trailer is already in place. He noted that there are protective
covenants on this property which establish strict setback requirements, and these requirements should be
enforced by the City ()f CleaIWater. Mr. Kunnen felt since there is available office space in the building that
could be IlSed for the purpose of the night watchman, the trailer is not necessary. He asked the Board to deny
this request.
Ronald Nisk, 2380 Campbell Road, stated he is the owner of a building adjacent to the subject property, and
felt that trailers should not be allowed in the Clearwater Industrial Park. Mr. Nisk slated he agreed with Mr.
Kunnen that using an office in the building should be sufficient for a watchman. Mr. Nisk presented a copy of
the Protective Covenants, enacted by City pertaining to all property in the ClealWater Industrial Park, dated
1une 10, 1957, for a penod of 50 years, and can be extended for an additional 25 years. Mr. Nisk discussed
at length various factors of the covenants and asked the Board deny this request.
P & Z MI~UTES
3
10/16/90
In response to questions by the Board, Mr. Webb stated tlle following: he does not object to the selling of cars
from tl1at location. but it should be limited; he objects to the parking because placing a fence would create an
area where vagrants can hide; and he has experienced a problem in the past with getting Code Enforcement in
regard to an abandoned, broken down truck and fears this parking will be used for the purpose of parking
broken down vehicles.
In I"Eb1Jttal, Mr. Zarvalas stated he agrees with Ms. ~cGinnis as to the importance of peace and quiet which
is wl1a.t be wants to accomplish. Mr. Zarvalas stated he has greatly improved the property which benefits the
entire community_ He added that the trailer is not against the fence. it is about 8 to 10 feet away from the
fence.
(.....
In response to qu.estions by the Board, Mr. Zarvalas sla.ted he was aware of the covenants when he purchased
the property and tbat he could use the office in the building for the watchman if he has no other alternative.
Mr. Z8rvalas stated that even if the Board does not give him permission to use the trailer for the night
watchman, the tnliler will remain there. and that he does not wish to construct anything permanent.
In response to questions by the Board, Mr. Shuford stated the covenants was not used in consideration of this
request and apprecia.te it being brought to staWs attention. He asked that the BOllrd continue this item to allow
staff tiIlle to revie'W and consider the covenants.
Discussion ensued regarding the covenants and continuing of this item to allow sUiff llmple time to review and
researcl1 it.
Ronald Nisk, stated that according to the covenants with. the City of Clearwater it takes 75 % of the fee simple
()wners of the property subject to the covenants to release any portion of the covenants and it is not the
authority of this Board to do so.
Mr. Sbuford stated Ulat the Planning and Zoning Board bad no intention of attempting to modify the covenants.
The continuance of this item is to just allow staff the opportunity to review the covenants and report back to
them.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to continue the above request to the
meetin8 of October 30, 1990. Motion carried unanimollsly (5 to 1). with Ms. Nixon voting "nay" as she feels
the request should be denied regardless of the covenant~o
5. L>ts 1 and 2, O. Harrington's Sub.. 500 N. Ft. Harrison Avenue, Adriano Battaglini, CU 90-69
::Request - To permit 1) non-commercial parking, 2) outdoor retail car sales, and 3) vehicle services
20ned - CG (General Commercial) and RM-28 (M:ulti-Family Residential)
,..
Mr. Sl:tuford gave the background of the case and submitted, in writing. the staff recommendation.
Adrial'lo Battaglini, 406 Venetian Dr., applicant, stated it is his intention to have a professional looking
business to attract clients with certain types of automobiles: Mercedes, Alfa ROi.lleo. Rolls Royce and the like.
He will provide landscaping all around the property. Mr. Battaglini stated be would like to keep 5 to 6
autoD1obiles to display for sale.
In response to questions by the Board, Mr. Battaglini stated he has no objection to the other conditions
recommended by staff; repairs will be limited to tune'ups~ brakes, electrical work, etc.
--"'I~.. .,
Michael Murphy, 170 Island Way, in support, stated :be has taken his cars to Mr. Battaglini for repair and
found him to be honest. He felt Mr. Battaglini runs a very clean respectable business and that he has cleaned
up the :property considerably and he is an asset to the community and asked the Board approve this request.
David Webb, 500 No. Osceola, in opposition, stated his main objection is the commercial business in a
primarily residential area. He stated Mr. Battaglini has been selling cars there ever since he bought the
property and that shouldn't be allowed. Mr. Webb stated he is also in objection to the non-commercial
pa.rking. He felt :Mr. Battaglini has done a lot of work to clean up the property, but felt that this use is not
compatible to the neighborhood. Mr. Webb pointed Ollt there is a letter from Harbor Bluffs Association with
42 sign.atures against this requested use and asked the Board to deny this request.
Discussion ensued regarding Andy's Autos having been investigated by the City Code Enforcement Division for
selling cars.
(
"
...... . Mr. P()latty advised Mr. Webb to call him directly if he ex.periences any Code Enforcement problems and that
tIle back part of this lot is wned RM-28 which needs a conditional use for non-commercial parking for
P & Z :MINUTES
4
10/16/90
Request - Annexation, Land Use Plan & establish Zoning Alias District
LAND USE PLAN: FROM: Unclassified TO: Industrial
ZONING ATLAS: IL (Limited Industrial)
customers bringing their cars to Andy's Autos, not for storage of cars to be worked on.
r"
f
Joe Beno, 500 Osceola, in opposition, stated he also owns 511 and 601 Osceola which he purchased for the
purpose of improving the surrounding area as these properties had always been a "pig pen". He stated he has
lived in the neighborhood for 13 years and this lot prevents improvement of the neighborhood. Mr. Beno felt
that promises to improve this lot had been made before and not kept and fears this will happen again and that
the conditions of approval will not he complied with.
In rebuttal, Mr. Battaglini stated that he purchased the lot at 1216 Ft. Harrison and this lot had been used as
a junk yard and he has made tremendous improvements to the property. Mr. Battaglini stated he caters to
customers with expensive foreign cars and will keep the lot clean and maintained, and will not become a junk
yard. He presented. pictures of a dealership he owned for 22 years.
In response to questions by the Board, Mr. Battaglini stated he fully understands the recommended conditions
of approval, and that he is currently the only employee but plans one additional employee in the future.
Discussion ensued with the Board members expressing concerns including the following: parking, the sale of
vehicles, landscaping, and the length of time for a trial period.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to deny the request for outdoor retail car
sales; and to approve the requests for non-commercial parking and vehicle service subject to the following
conditions: 1) The direction of glare of lights from both motor vehicles and illuminating fixtures on the site
shall be oriented away from surrounding properties; 2) Perimeter and interior landscaping for Lot 2 shall be
provided in conformance with City Code Sections 136.023(c) through (j); 3) The applicant shall provide a five
foot wide perimeter planting strip on Lot 1 along N. Ft. Harrison Ave. to include a three foot high hedge, two
sbade trees and low volume irrigation; such landscaping shall be installed prior to the issuance of the requisite
certificate of occupancy; 4) All used tires, parts, and similar objects shall be stored in the building or other
enclosed structure; 5) All service facilities shall be indoors; major repairs, including engine or transmission
dismantling, painting, body, fender, and muffler work shall not be allowed; 6) Vehicle service work shall be
restricted to 7:00 a.m. - 6:00 p.m. Monday through Saturday, with no service work done on Sundays; 7) All
parts shall be stored indoors; 8) The site design shall be approved by the Planning & Development Director
within 2 months of this public hearing; this shall include the parking design meeting all City requirements; and
9) This conditional use permit shall be granted for a trial period of 1 (one) year at which time this request will
be reviewed. Motion carried unanimously (6 to 0).
{
'\.
D.
ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. Part of Lots 14 & 15, Sec. 12-29-15, Pinellas Groves/Located on the north side of Range Road
approximately 600 ft. west of Belcher Road, Weaver Enterprises, Inc./Florida Realty Fund Two, Ltd.
A 90-12, LUP 90-17
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
David Jenkins, 25 - 2nd Street North, St. Petersburg, representing the applicant stated he works for Florida
Realty Fund Two, Ltd. and stated he would be glad to answer any questions.
Discussion ensued regarding the operation of vehicle inspection stations.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to approve the above request. Motion carried
unanimously (6 to 0).
2. Land Development Code Amendment Required by the Comprehensive Plan: Development Densities
Seaward of the CCCL. These proposed amendments prohibit the assignment of density to properties
seaward of the Coastal Construction Control Line in accordance with Comprehensive Plan policies.
Mr. Hamilton stated due to conflict of interest and will not vote in regard to this item.
(
'\..,..
Mr. Shuford stated staff has conducted a great deal of research on this proposed amendment it came to light
that the CCCL is being resurveyed and therefore staff recommends withdrawal of this proposed amendment at
this time.
P & Z MINUTES
5
10/16/90
. f"
, . ~ .. " . .,'.' " . ." . ' I. . . . :
Motion was made by Mr. Schwab, and seconded by Ms. Nixon, to withdraw the above item. Motion carried
unanimously (5 to 0).
E. Chairman's Items
~\,
~..
."
F. Director's Items
G. Board & Staff Ccmments
, '
,
Mr. Mazur stated he would like the City Attorney to address two concerns: 1) can persons stating they are the
representative of the applicant speak even though their name is not listed on the application as representative
and 2) under what drcumstances can a conditional use permit be revoked if conditions of approval are not
complied with.
Ms. Nixon felt a different fee should be charged when applicants file for conditional use permits for a use
already in progress. Mr. Polatty stated that there is currently a procedure for building permits that if a project
is already in progress a triple permit fee is charged but there is nothing currently in place for conditional use
permits.
Ms. Nixon asked whether there can be a police impact fee for alcoholic beverage licenses. Mr. Shuford
advised that in the new fee schedule there is an additional $200 for alcoholic beverage license applications.
which involve police background checks.
Ms. Nixon stated tl1ere is a business displaying spas outside just 'West of Howard 1ohnsons which used to be an
exotic car business; Magic Car on Gulf-to-Bay west of Keene has cars for sale displayed on sidewalks; Island
Yacht Club was told July 23, 1990 they needed a conditional use permit and they have not applied; and that St.
Cecelia's Catholic Church has repaved and restriped and does not meet code requirements.
i
I
I
I
!.
(:.:
I
Meeting adjourned at 5: 10 p.m.
C,;",'::
~ . .....L;.,
~.'i\o;iJ
(
Polatty, 1r., AICP
Planning & Development
fA' "
~;,.
P & Z MINUTES
6
10/16/90