10/30/1990 (2)
ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, OCTOBER 30,1990 . 1:30 PM
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HECEIVBD
PLEDGE OF ALLEGIANCE
INVOCATION
NOV 1 1990
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APPROVAL OF MINUTES
1. October 2, 1990
2. October 16, 1990
A:CTION
Approved
Approved
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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 TESTIMONV 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 background information are presented. - 5 minutes m81dmum.
3. Staff presents any supporting written documents.
4. Staft 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 - '0 minutes maximum.
8. Persons supporting the application (other thnn applicantl 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 n\lnutes 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:
, .
Part of Lots 14 & 15, Sec. 12-29-15, Pinellas
Groves/Northwest corner of Belcher and Range
RoadsMleaver Enterprises, Inc. IFlorida Realty
Fund Two, Ltd.'
CU 90-66
Approved subject to the following conditions:
11 Approval of the Annexation, Lend Use Plan
Amendment to Industrial and ll. Zoning by tho
City CommissIon;
2) LandscapIng Including 1 tree par each 40
Unear feot shall be provided on both sides of the
accoss drive In addition \0 the requIred perimoter
and Interior landscaping; and
J} Tho execution of on annexation ogcoement
between the City and tho developer that
requires the dovelopment to conform to aU
applicable CIty developmont codes prior to the
Issuanco of Il building permit.
Aequest - Vehicle inspection station
Zoned - Il (Limited Industrial!
2.
Lot 1 and Part of Lot 3. Clearwater Industrial,
Park Replal/2140-2146 Sunnydale Blvd.
Zarvalas Enterprises. Inc.
CU 90-68
Voldod with rofund of appllcDtlon fee subject to
approval by staff
Aequest - The placement of a trailer for night
watchman
Zoned - IL lLimiled Industrial)
P & Z ACTION AGENDA
10/30/90
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C. CONDITIONAL USES:
1- M&B 23.04. Sec. 18.29.16 Approvod lubject to tho following condltlonl:
125 $. Belcher Rd., Scot M. Trefz ') A building porrnlt ,hall be obtained within Ilx
CU 90-70 (6) monthl of tho date of thll hOllrlng:
21 All b08rdlng of onlmals shal\ be lndoorl;
Request - expansion of existing boarding 31 All nocessary varlancOI ahBlI be approved by
facility (for pets) the Development Code Adjultment Boord:
Zoned. CG (General Commercial) 4) The owner shall comply with oil ordinances
end regulatlonl of the City concerning tree
removal and landscaping Including bUffering of
the adjoining residentially-zoned property; and
5) The owner shall comply with all applicable
ordinances Bnd rogulatlons concerning disposal
of animal excrement.
2. M&B 34.031. Sec. 23.29.15. Approved subject to the follOWing conditions:
1551 S. Highland Ave. 11 The applicant must obtain approval by tha
Northlake/Belle Plaza Joint Venture IRlte City Commission for a 19B ft. 8 In. variance to
Aid of Florida, Inc.) tha 300 ft. separation dlstallce required from a
CU 90-71 . residential zone and a 200 ft. variance to the
200 ft. seperatlon dlltance from another 2.APS
Request. Pack.age sales of beer and wine package sales establlshmant;
INEW LICENSE) 2) A suitable buffer Including a 6 ft. fenca and
Zoned - CC (Commercial Centerl appropriate landscaping be provided along tho
rear prop arty lino of the total 13.33 ecro parcel;
and
3) Tho applicant sholl obtain an occupational
license within six (6) months of this date.
3. M&B 33.07, Sec. B-29-16, located 200 Approved subject to the following conditions:
ft. from the northeast corner of U.S. 19 1) Building parmlt shall be obtained within six
and Drew St.. V. Jack. Kennedy/Life (6) months;
Financial Corporation 2) FacUlty should be utilized as a flow through
CU 90-72 faclllty, as proposed by the applicant, rather
than 8 drop off/pick up service center:
Request - Vehicle service 31 A revised vehlculor plan shall be subject to
Zoned - CH (Highway Commercial) approval by tha Traffic Englnear prior to the
Issuance of e buildIng parmlt;
41 Tho applicant shall obtain all nooded
varlonces from The Development Coda
Adjustment Board:
5) All lighting must be orlentad towards the
property and away from surrounding oroa; and
6) No outdoor repair work shall be done on tho
property.
4. Lots 1-4. Clearwater Collection First Approved subject to tho following conditions:
Replat, Clearwater Collection Shopping 11 No tamporary buildings. portable buildings,
Center. :2 1870 U.S. 19 North, tents, stands, trailers, vending carts or like
lechmere Realty Ltd. Partnership, buildings or structures shall be utilized ancillary
Clearwater Collection Association. and to the cond1tlonal use In eccordence with
Hudson Dayton Corp. IHome Depot) Section 136.025122Ia:
CU 90-73 2~ The requisite site plan sholl bo certified within
six 161 months:
Request - Outdoor sales (garden cented 31 Approval of the releted parking variance shall
Zoned. CPO IConlmercial Planned be obtlllnod;
Developmentl 4) Tho applicant shall obtain site plan
modification approval from tho City Commission;
end
5) Thoro shall be no encroachment upon
adjoining sldowelk botwoen the garden contor '-.>:, .
and building 300.
P & Z ACTION AGENDA
2
10/30/90
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6.
M&B 23.08. Sec. 17.29.16
2630 Gulf to Bay Blvd.
H & L Clearwater Partners, Ltd.
(Chilli Peppers. Inc.)
CU 90.74
Request. On premise consumption of
beer. wine and liquor (NEW LICENSE)
Zoned - CH (Highway Commercial)
D. ANNEXATION, ZONING. LAND USE PLAN
AMENDMENT, LAND DEVELOPMENT CODE
TEST AMENDMENT, AND LOCAL PLANNING
AGENCY REVIEW:
1.
Lots 1~10. Blk MCM, Belmont Second
Addition. located on the corner of
Woodlawn St. and Prospect Ave.
approximately two blks west of
Greenwood Ave. and two blks north of
Bellealr Ad. {Woodlawn Church of Godl
Z90-0B. lUP 909-'9
LAND USE PLAN:
FROM: Low Density Residential
TO: I Public/Semi-Public
ZONING ATLAS:
FROM:RM-8 (Multi-family resldentiall
TO: P/SP (public/semi-public)
E. Chairman's Items
F. Director's Items
G. Board & Staff Comments
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P & Z ACTION AGENDA
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Withdrawn
Approvod
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10/30/90
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AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, OCTOBER 30, 1990 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
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ITEM
A. APPROVAL OF MINUTES
,. October 2, 1 990
2. October 16, 1990
ACTION
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.
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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 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.
1 O. The applicant has an opportunity for final rebuttal - 5 minutes maximum.
11. Public Hearings are closed. '
, 2. Discussion by the Board.
1 3. 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.
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.l
CU 90-66
Request - Vehicle inspection station
Zoned. Il (Limited Industrial)
2.
Lot 1 and Part of Lot 3, Clearwater Industrial,
Park Replat/2140-2146 Sunnydale Blvd.
Zarvalas Enterprises, Inc.
CU 90-68
Request - The placement of a trailer for night
watchman
Zoned. IL (Limited Industrial)
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REVISED
P & Z AGENDA
1
10/30/90
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D. ANNEXATION, ZONING. LAND USE PLAN
AMENDMENT, LAND DEVELOPMENT CODE
TEST AMENDMENT, AND LOCAL PLANNING
AGENCY REVIEW:
1. Lots 1-10, Blk "C", Belmont Second
Addition, located on the corner of
Woodlawn St. and Prospect Ave.
approximately two blks west of
Greenwood Ave. and two blks north of
Belleair Rd. (Woodlawn Church of God)
Z90-08, LUP 909-19
LAND USE PLAN:
FROM: Low Density Residential
TO: Public/Semi-Public
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ZONING ATLAS:
FROM:RM-8 (Multi-family residentiall
TO: P/SP (public/semi-public)
REVISED
P & Z AGENDA
2
1 0/30/90
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F.
Director's Items
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E. Chairman's Items
G. Board & Staff Comments
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REVISED
p & Z AGENDA
3
10/30/90
MINUTES
PLANNING & ZONING BOARD
TUESDAY, OCTOBER 30, 1990
Members Present:
Chairman Johnson, Ms. Nixon, Messrs. Ferrell. Mazur, Schwob. Hmnilton, 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 advised that unyone 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 llny 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 NECESSARILY DISCUSSED
IN THAT ORDER.
A. APPROV AL OF J\.lINUTES
Motion was made by Mr. Schwoh. and seconded by Mr. Hamilton, to approve the m.inutes of the meeting of
October 2, 1990 as amended. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve
the minutes of October 16, 1990, as written. Both motions carried unanimously (7-0).
B.
REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1.
Part of Lots 14 & i5. Sec. 12-29-15, Pinellas Groves/Northwest corner of Belcher and Range
Roads/Weaver Enterprises, Inc. (Florida Realty Fund Two, Ltd.)
CU 90-66
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Request - Vehicle inspe<:tion station
Zoned - IL (Limited Industrial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. In response
to a question by the Board concerning a traffic light at Belcher Road, Mr. Shuford he stated he did not know if
the Traffic Engineer was considering one. He further stated Mr. Crawford wanted the traffic impact study to
come back because he was concerned with the number of diverted trips. He slated the applicant had earlier
estimated 70 % of the traffic would involve diverted trips, but they now estimate having 98 peak hour trips.
Mr. Shuford stated even if all the trips were final destination trips, they would not have a level of service
problem.
David Jenkins, Florida Realty Fund Two, Ltd., 25 Second Street North, St. Petersburg, FL,
representative of the applicant, stated they would be the owners of tbe property and that Gordon Darby, Inc.
would be operating the vehicle inspection station. He further stated the president and area manager of Gordon
Darby, Inc. and Richard Doyle of Tampa Bay Engineering were present to answer any questions the Board
might have. Mr. Jenkins stated they had complied with all the requests from the City. In response to
questions from the Board, he stated they estimate their traffic to be 500 cars a day; their hours of operation
would be 8 a.m. to 6 p.m. on Tuesday and Wednesday, 9 a.m. to 7 p.m. on Thursday and Friday, and 9 to 3
p.m. on Saturday; and their basic charge would be $10.00. He further stated they have no objections to the
required conditions.
Richard Doyle, Tampa Bay Engineering, 2240 Belleair Road, slated they had done the traffic analysis and
had re...~rched the need for a traffic light at Belcher Road and Range Road and found it was not warranted.
He further stated, even if they wanted to put one in, there were several other govemrnental agencies that would
not allow it as they are trying to keep the level of semaphores down. He further assured the Board he had
worked with Keith Crawford on this and Mr. Crawford was satisfied.
l..
Motion was made by Mr. Schwab, and seconded by Mr. Mazur, to approve the above request subject to the
following conditions: 1) Approval of the Annexation, Land Use Plan An1endment to Industrial and IL Zoning
by the City Commission; 2) Landscaping including 1 tree per each 40 linear feet shall be provided on both
P & Z MINUTES
1
October 30, 1990
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Request - Expansion of existing boarding facility (for pets)
Zoned - CG (General Commercial)
sides of the access drive in addition to the required perimeter and interior landscnpin8; nnd 3) The execution of
an annexation agreement between the City and the developer that requires the development to conform to all
applicable City development codes prior to the issuance of a building permit. Motion curried unanimously (7
to 0).
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2.
Lot 1 and Part of Lot 3, Clearwater Industrial, Park Replut/2140-2146 Sunnydale Blvd.
Zarvalas Enterprises, Inc.
CU 90-68
Request - The placement of a trailer for night
'Watchman
Zoned - IL (Limited Industrial)
Mr. Shuford stated at the previous Board meeting there was an issue concerning the restrictive covenants for
Cleanvater Industrial Park. In looking over the covenants the staff found that the applicant could not
legitimately proceed with what they were attempting to do, and the request was not valid. He further stated
they would refund the application fee as the staff may have encouraged the applicant by accepting the request.
Mr. Shuford stated the Board did not need to review this request and it should be voided. Ms. Nixon
reminded the staff that Mr. Zarvalas did have a copy of the covenants and wondered why the staff felt they
should refund his application fee. Mr. Polatty responded that the decision to refund the fee would be reviewed
to see how much the staff had encouraged him as opposed to how much was done on Mr. Zarvalas own
initiation.
The applicant was 110t present, nor were any persons present in support or opposition to the request.
Motion was made by Mr.Schwob, and seconded by Mr. Hamilton, to void the request with refund of the
application fee subject to approval by staff. Motion carried unanimously (7 to 0).
c.
CONDITIONAL USES:
1.
M&B 23.04, Sec. 18-29-16,125 S. Belcher Rd., Scot M. Trefz
CU 90-70
Mr. Ferrell stated a conflict of interest prevented him from participating in discussion. or voting on the request.
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr.
Shuford explained the applicant was requesting a variance from the Development Code Adjustment Board
involving a setback along the north property boundary and that DCAB had continued their request until
November 29 so the applicant would have ample time to prepare a new site plan. He further stated that staff
was proposing a continuance by this Board to their December 11 meeting to ensure they would also be able to
review the new information.
SCOTT M. TREFZ, 125 S. Belcher Rd., applicant, stated he is the owner of Gulf Bay Animal Hospital and
was there to request the regranting of a Condtional Use permit which had previously been granted. to Dr.
Brotus in October 1988. Dr. Trefz also stated: 1) He took over the practice January 1, 1989, and since that
time has had a study which. reflects there is a demand for their service in this area; 2) Many of their clients
now drive as far as Tarpon Road to board their pets; 3) They want to expand the existing boarding facility,
that the architectural plans are complete and they now have the financial backirlg; 4) They will need a setback
variance on the north boundary line to allow them to expand along the same architectural lines as the existing
structure; 5) Their request is not different from the original request; 6) It was an extreme hardship for him
to appear before the Board more than necessary and hoped to obtain approval today for the Conditional Use
Permit and he would then pursue the variance request with DCAB. He further explained originally he had
been told all he needed for a site plan was a handwritten plan showing the existing structure and what was
proposed; however, DCAB had not accepted the plan. Dr. Trefz stated he had a new site plan with him as
well as the architectural plan for the proposed expansion which he presented for the Board's review.
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In answer to questions from the Board, Dr. Trefz stated: 1) Precocious Pets was a separate pet grooming
facility which rented space from him; 2) they are not now proposing expansion towards Belcher Rd.; and 3) the
second story apartment expansion is cost prohibitive and not a priority with them.
P & Z MINUTES
2
October 30, 1990
3. M&B 33.07, Sec. 8-29-16, located 200 ft. from the northeast comer of U.S. 19 and Drew St.,
V. Jack Kennedy/Life Financial Corporation
CU 90-72
Request - Vehicle service
Zoned - CH (Highway Commercial)
Mr. Shuford explained to the Board that Dr. Trefz had requested a setback of 3 ft. from the north property
line, and since they are required to have a 10 ft. setback, they would need a variance. He also pointed out
their additional dog run requires 3400 sq. ft. and that might necessitate a parking variance depending upon how
the area was broken up.
./ -
Dr. Trefz stated in response to the parking requirements, there was ample parking space available behind
Precocious Pets for employee parking.
Mr. Shuford advised the Board if they were comfortable with the information before them, they could vote to
approve the request subject to the required conditions; and if the applicant needed a parking variance, they
would have to appear another time.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Me. Hamilton, to approve the above request subject to the
following conditions: 1) A building permit shall be obtained within six (6) months of the date of this hearing;
2) All boarding of animals shall be indoors; 3) All necessary variances shall be approved by the Development
Code Adjustment Board; 4) The owner shall comply with all ordinances and regulations of the City concerning
tree removal and landscaping including buffering of the adjoining residentially-zoned property; and 5) The
owner shall comply with all applicable ordinances and regulations concerning disposal of animal excrement.
Motion carried 6 to 0 with 1 abstention.
2. M&B 34.031, Sec. 23-29-15, 1551 S. Highland Ave.
Northlake/Belle Plaza Joint Venture (Rite Aid of Florida, Inc.)
CU 90-71
Request - Package sales of beer and wine (NEW LICENSE)
Zoned - CC (Commercial Center)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Bruce E. Knight, 12143 lOOth Ave. N., Seminole, FL, representative of applicant, stated he is the Area
Supervisor for the Rite Aid Pharmacy in Pinellas County south from Gulf-to-Bay Blvd. In answer to questions
by the Board Mr. Knight stated: 1) They have not done a study to anticipate the percentage of alcoholic sales
they will have, but an average store runs $500-$1000/week in alcoholic beverage retail sales based on their
stores doing from $8,000-10,000 in front end sales and $8,000-$10,000 in pharmacy sales; 2) The alcoholic
beverage sales are not a large part of their business, but rather a convenience to the customer.; 3) Tbe store
area devoted to beer would be two 4 f1. beer coolers; one 4 ft. x 4 ft. square area for warm beer; and wine
would be promotional only, usually around Christmas, and would consist of one or two small floor stands; 3)
Their primary sales would be six-packs and twelve-packs with probably two to three loose cans of beer per
day; and 4) Rite Aid is a corporation based out of Harrisburg, PA.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwab, and seconded by Me. Gans, to approve the above request subject to the
following conditions: 1) The applicant must obtain approval by the City Commission for a 198 ft. 8 in.
variance to the 300 ft. separation distance required from a residential zone and a 200 ft. variance to the 200 ft.
separation distance from another 2-APS package sales establishment; 2) A suitable buffer including a 6 ft. fence
and appropriate landscaping be provided along the rear property line of the total 13.33 acre parcel; and 3) The
applicant shall obtain an occupational license within six (6) months of this date. Motion carried unanimously (7
to 0).
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Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Farhod Nikjeh, 3545 Landmark Trail, Palm Harbor,FL, applicant, stated he concurs with the staff
recommendations and all the proposed conditions. In answer to a question from the Board, Mr. Nikjeh stated
repair work would not be done outdoors.
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P & Z MINUTES
3
October 30, 1990
Mr. Mazur suggested rewording the parking variance condition to reflect tbat it is not the applicant making the
request, but it is needed for the entire unified development.
No persons appeared ill. support of or in opposition to the above request.
In discussion, Ms. Nixen stated, since the City does not have a lighting ordinance, she would like to suggef.t a
condition statmg that all lighting must be oriented away from surrounding areas. Mr. Gans suggested the
wording in staff conditiotl. No.2 be changed from "must be utilized" to read "should be utilized. "
Motion was IWIde by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above request subject to the
following conditions: 1) Building permit shall be obtained within six (6) months; 2) Facility should be utilized
as a flow through facility, as proposed by the applicant, rather than a drop off/pick up service center; 3) A
revised vehiclllar plan shall be subject to approval by the Traffic Engineer prior to the issuance of a building
permit; 4) The applicant shall obtain all needed variances from The Development Code Adjustment Board; 5)
All lighting must he oriented towards the property and away from surrounding area; and 6) No outdoor repair
work shall be <lone on the property. Motion carried unanimously (7 to 0).
4. Lots 14, Clearwater Collection First Replat, Clearwater Collection Shopping Center,
21870 U.S. 19 North, Lechmere Realty Ltd. Partnership, Clearwater Collection Association, and Hudson
Dayton Corp. (liome Depot)
err 90-73
Request. Outdoor sales (garden center)
Zoned - CPD (C()lI1mercial Planned Development)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. In answer
to questions frem the Boa.rd, Mr. Shuford stated: 1) The Target garden center might be an interior center, but
if it is not, they will have to corne before the Board for approval; 2) The Board may want to add an additional
condition statrng the adjoining sidewalk would not be used for commercial purposes; and 3) The parking
variance was triggered by the additional footage required for the Home Depot garden center.
(,
Michael Folio, 4211 Salt Water Blvd., Tampa, FL, representative of applicant, slated he is the Florida real
estate representative for Home Depot, and that they propose renovating and enlarging the existing Lechmere
Building in conjunction with a garden center addition. They would like permission for the garden center which
is part of all Rome Depot operations. He furth~r stated they have approximately 140 stores throughout the
East Canst, including 35 in the state of Florida. In ll,nswer to questions from the Board, Mr. Folio stated: 1)
They will be t:2king over the spaces occupied by the Linen Bam and a beauty parlor which are relocating; 2)
They will leave the adjoining sidewalk unobstructed; and 3) The garden center will be outdoors in the center of
their site, will have a fence with gates, but the ceiling will be left open.
No persons appeared in support of or in opposition to the above request.
Octavio Cabrera, Cumbey & Fair EnginL~rs, 2463 Enterprise Road, spoke to a question from the Board as
to why a parking variance was needed when this was a new shopping center and all parking requirements
should have been met. lIe stated the original proposal was to put an enclosed vault over a portion of the open
drainage pond and to put parking over it. Mr. Cabrera further stated this was not agreeable with the
environmental department and a compromise had been reached in which Home Depot would leave the drainage
pond open if they could receive a reduction in the required number of parking spaces.
Mr. Shuford stated the parking variance is for 10 spaces as the parking requirement for the entire center is
1195 spaces and presently there are 1185 spaces.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above request subject to the
following conditions: 1) No temporary buildings, portable buildings, tents, stands, trailers, vending carts or
like buildings or structures shall be utilized ancillary to the conditional use in accordance with Section
136.025(22)a; 2) The requisite site plan shall be certified within six (6) months; 3) Approval of the related
parking variance shall be obtained; 4) The applicant shall obtain site plan modification approval from the City
Commission; and 5) There shall be no encroachment upon adjoining sidewalk between the garden center and
building 300. Motion carried unanimously (7 to 0).
P & Z MINUTES
4
October 30, 1990
ZONING ATLAS:
FROM: RM-8 (Multi-family residential)
TO: P/SP (public-Semi-Public)
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5. M&B 23.08, Sec. 17-29-16, 2630 Gulf to Bay Blvd.
H & L Clearnrater Partners, Ltd., (Chilli Peppers, Inc.)
CU 90-74
Request - On premise consumption of beer, wine and liquor (NEW LICENSE)
Zoned - CH (Highway Commercial)
Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to approve withdrawal of the above request.
Motion carried unanimously (7 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. Lots 1-10, Blk "C", Belmont Second Addition, located on the comer of Woodlawn St. and Prospect
Ave., approximately two blks west of Greenwood Ave. and two blks north of Belleair Rd. (Woodlawn
Church of God)
Z90-08, LUP 909-19
LAND USE PLAN:
FROM: Low Density Residential
TO: Public/Semi-Public
Mr. Shuford gave the background of the case and submitted, in writing, the staff recomnlendation.
Rev. Randy Morris, 1089 Nolan Drive, Largo, FL, telephone No. 581-1995, stated they were successful in
negotiating a contract to purchase Lots 5, 6 and 7 and would be closing on November 9; and he was there to
answer any further questions the Board might have.
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No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwab, and seconded by Ms. Nixon, to approve the above request. Motion
carried unanimously (7 to 0).
E. Chairman's Items
Mr. Johnson requested business cards for members of the Board to use when inspecting sites. Mr. Polatty
agreed this was an excellent idea and further recommended the use of picture name tags. Mr. Shuford stated
he would have these ordered for the members of the new Board.
F. Director's Items
G. :Board & Staff Comments
Mr. Shuford went over additions to the response sheet with the Board, and further advised tbat Lokey next to
The Bank had previously been given a temporary sales permit by the Building Department which has now
either expired or will soon expire, and when they come in again they will have to comply with the Board's
Conditional Use requirement.
Mr. Shuford stated the staff would bring the 1991 Planning and Zoning Board meeting schedule to the next
meeting for their review. He stated the City Commission had given staff direction to take the sign variance
review process away from the Development Code Adjustment Board as the Commission intends to hear them,
and this would also come before the Board at their next meeting.
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Mr. Schwob voiced his concem about a proposal to charge increased Conditional Use fees when the use begins
operation illegally, and said he would hate to penalize small operations who, in good faith, did not honestly
know they had to have a Conditional Use permit. He wondered if the wording could be changed some way to
reflect that. Mr. Schwob also suggested it would be good procedure for the Board to dispense with the use ()f
first names during their formal meetings and to address everyone by using their title and surname.
P & Z MINUTES
5
October 30, 1990
, and Development
Ms. Nixon advised that Equator was supposed to wait two weeks after the last meeting before opening, and that
they had a grand opening the very next day. Mr. Shuford stated he would write a letter to Equator asking why
they opened before the two-week time period had expired.
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With regard to Britts giving away free beer, Mr. Shuford reported the City Attorney's interpretation of free
beer meant that Britts coald not attach the sale of a food item with the free beer, or it would be the same as
charging for beer. He stated they would continue to check on them.
Mr. Gans stated: 1) The Italian place on Poinsettia has a big sign advertising free wine and free beer; and 2)
there is a pawn shop on Poinsettia displaying an illegal portable sign on the comer of Papaya and Eastshore
Drive.
Mr. Shuford reported there was no need for the Windward Passage request to come before them again, as they
must now be more in compliance with the City Code than the Board had requested.
Mr. Schwob mentioned at Penrods' old location in Countryside there is a sign saying Knickerbockers will be
opening soon; and that a Japanese restaurant will be opening where Naughty's was located.
In discussing what documents the Board would like to see included in future applications, they advised the staff
to include the following: application, affidavits, maps, staff reports and any letters giving information on the
request. Mr. Hamilton complimented the staff on getting the applications to them early.
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Mr. Johnson asked whether the staff members checking on complaints have the power to issue tickets. Mr.
Polatty stated the six code enforcement inspectors plus the police officers are duly authorized to issue ticketc;.
He further explained the way the process works is once they see a violation, they have to give the person a
reasonable period of time, not to ex.ceed 30 days, to abate the violation, before a ticket can be filed. Once the
ticket is filed the person in violation can appeal to County Court; and if they don't appeal, they are judged
guilty and must pay the fine. He further stated there are five classes of violations, and the penalties range
from $30, $60 and $120, plus court costs. A minimum violation is $30; the Land Development Code
violations are $60 and would include parking in the right-of-way and illegal use of streamers; and $120 for life
threatening violations, including traffic hazards such as a portable sign parked in the right-of-way. Mr. Polatty
stated a ticket can be issued every day the person is in violation up to the time of the court appearance. He
advised the Board the staff had circulated a memo quite some time ago, which would go to public hearing in
two weeks and should be adopted by December 1, 1990.
Mr. Shuford stated the Land Development Code Amendments will have four phases now instead of three.
Ms. Nixon stated she was pleased with the improvement of the rapport between the staff and the Board, and
since things have come up to the level of their expectations, that it may not be as necessary for Mr. Polalty to
attend the Board meetings on a regular basis. Mr. Polatty stated he wanted to continue attending as he is the
liaison with the City Commission and charged with giving input to the Commission on Board actions.
The meeting adjourned at 4:00 p. m.
P & Z MINUTES
6
October 30, 1990
-_-of
FORM 8FJ IViEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAsr NMwlE-r1RSr NAMI:-MIUULI: N^'-tE
NAME 01' 8UJ\IW, COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE
r, ' '9'11, Arden Arthur
,0 ^UURLSS
Plann;n and Zonin Goard
flU: l1o.~RU. COUNCil. {'OMM1SSION. ^UmORITY. OR COMMITTEE ON
WIIIC!t I SERV!! IS A UNit OF:
'XCII\' 'I' ('flUN1Y II Ollll;A lOCAl ^nENt'Y
N^ME OF rOll rlt'^I, sunUIVlsION:
2432 Fairbanks Dr;ve
nn
('()UNrY
C1eari'wter
U^IE,ON \\l1ltll "011: (KTURREU
October 30 1990
Pinellas
City of Clearwater
~n' I'USI flON IS:
00 AI'POItHlVE
1 t F.LE("I IV E
WHO MUST FILE FORM 8B
This form is for IIse by any person serving allhe counly. cily, or olher locnllc\'cl of governmenl on an appointed or elected board,
councii, I:UlIlIlIi.ssiulI. Qu,iic.dty, or commiucc, ll11pp!!::'~ cqu::lly 10 member! ,:,f ?dyisor~' and non,;v:Jvl(ory borlie~ who are presenled
with a vOling conniet of inleresl uJlder Seeliull 112.3143, Florida SlalUles. The requirements of this law nre mandatory; although
thl: use of Ihis particular form is nol required by law, )'OU arc elll:ouraged 10 US~ it in making thl: disclosure required by law.
Your re!ipollsibililies under Ihe law when faced with a mca!iUre in \\hich you havc a connicl of inleresl will vary greatly depending
on whether you hold an eleclive or appoinlive posilion. For Ihis rcason, please pay close allenlion to Ihe insL4.u~i~~y 11~\JQtr
berore compleling the rever!ie side and filing Ihe form. K I: '- C V I: U
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!1U "h I ~ IJR~N'!
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUfEfLO;lMl=' ~" ;'/: ,
...~LEC If:U Uf'FICERS:
A person holding deClive counly, munidpal, or olher Im:al puhlk ollke I\IUST ABSIAIN frnm \'olillg on a measure which inures
to his special privale gain. Each local olTicer also Is prohibiled hom knowingly \'Oling all a measure .....hich inures to the special
gain of a principal (olher thl1n a gO\'ernltlcnl agency) by whom hc is relained.
111 either 1.'3Se, l'OI! should disclose the confJicl:
PRIOK 10 rHE VOTE BEING TAKEN by publicly slalinJ! 10 IllI! asscmbly Ihe nalUrc of your inlelesl in the measure on
which you are abstaining from voting: and
':.'rrt W~ 15 DAYS AfTER TUE VOTE OCCURS b~' compkling and nlbg !hj~ ftnln wilh Ihe !,er~l)n re~~"dbll' fnr rl'''nrrli"~
Ihe minutes of the meeting, who should incorporale Ihe form in Ihe lIlillUlcS.
AI'POINl ED OFFICEIlS:
^ persoll holding appoinlive couIlIy, municipal, or olher lol.'al pllblir offke MUS}, AllSIAIN from \'oling on a measure which
inures to his special privale gain. Elich local orlker also is plOhibilcd frolll knowingly voting on a measure which inures to the
special gain of a principal (olher I hall a government agency) b)' \\ hom he is retained.
A pcrsoll holdillg an appoinlive local office otherwise may pnrlkipatc in a mailer in which he has a conflict of inl~teSI, but mUSI
disclose the nalure of the conrlkt bdare making all)' nllemptln inrluellce Ihe decision by oral or \\'Iillen communicalion, whelher
made b)' the oHicef or al his direclion.
IF YOU INTENlJ TO MAKE ANY ATTEMPT 'to INFLUENCE TilE DEClSIUN PRIOR TO THE MEETING AT WHICH
THE VOlE WILL BE TAKEN: ·
Iou ~hould complete and file this form (bclore llluking nny nllempl 10 inrluel1ce Ihe decision) wilh the person responsible for
recording the minUles of Ihe meeling, who will incorpornle Ihe form in the minutes.
· ^ copy of Ihe form should be provided lmmcdiatel)' 10 Ihe olher members uf Ihe agency.
· The form should be read publicly nt Ihe meeting prior 10 comideralion of Ihe mailer In which you have a conflicl of Interest.
(I IIIK\I ~II HI ~I\
:'70
P^OE I
.... '
IF YOU MAKE NO A1TEMPT TO INFLUENCE TUE DECISiON EXCEPT BY U1SCUSSION AT THE MEETINO:
· You should disclose orall)' lhe nature of your connict In the measure berore participating. , r-"
· You should complete Ihe form and rile II wilhin 15 days afler the vote occurs with the person responsible: for recordlnglhe minutes'
of Ihe meeting. who should incorporate the form In t!le l11imucs.
"
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1. Arden A. Ferre 11
. hereby disclose: thai on
October 30
.19~:
(a) A mcasure came or will come bc:rare my agency which (check olle)
----L inored to my special private gain: or
_ inured to the: special gain of
, by whom I am retained.
(b) The measure bcl'ore my agency and the Illllure of 111)' imerest in the measure Is as follows:
f.1y son and my daughter are employed by Gulf Gay Animal Hospital \'1hich,was before the
Board. (Agenda Item C-l1 Conditional U~e Requestt October 30t 1990 meeting).
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__::bl' oc.f. Mo
Dale filed
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317 (198S), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR ANO MA Y BE PUNISHED DY ONE OR MORE OF THE FOLLOWINO:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN
SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5,000.
( " r OHM ftn . In,MII
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