07/02/1991 (2)
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AGENDA
PLANNING & ZONING BOARD MEETING
TUESDA V, JULY 2, 1991 . 1 :30 PM
LlfCd
PLEDGE OF ALLEGIANCE
INVOCATION
REcrlVED
J U L 1 6 1991
en. '....-' R K
ITEM
A. APPROVAL OF MINUTes
1. June ,4, 1991
June 18, 1991
ACTION
APPROVED
CONDITIONAL USES. ANNEXATION. lONING. LAND USE PLAN AMENDMENTS. LAND
DEVELOPMENT CODE TEXT AMENDMENTS. AND LOCAL PlANNING AGENCV 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 background information are presented.. 5 minutes maximum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The appllcant or his representative presents his case. . 5 minutes maximum.
6. Persons who support tho application speak. 3 minutes maximum for each individual;
or spokesperson for group - ~ 0 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.
1 1. Public Hearings are closed.
12. Discussion bV 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.
(Continued from 6/18/91) M&B 34.031, Sec.
23.29-15 i1515 S Highland Ave) North
Lake/Belle Plazi:I Joint Venture, CU 91.49
Approved subject to the following conditions: 1)
The requisite building permits shall be procured
, within silc (6) months from the date of this
meeting; 2) A buffer plan shall be submitted to
the Planning and Development Department and
the Environmental Division for review and
approval prior to the issuance of any building
permits, This buffer plan shall consist of a buffer
wall as presented by the applicant. fencing and
landscaping generally meetinn the landscaping
requirements for buffers set out in Sec. 136.023
of the L'md Development Code; if necessary to
accommodate the landscapin(J, the applicant
shall obtain a buffer installation and maintenance
easemenl from the adjoining property ownerlsl;
3) No repairs shall occur between the hours of
6:00 p.m. and 8:00 a,m. Mondays through
Saturdays and all day on Sundays; 41 Ttmfe shall
be no ouldoor speakers; 5) All permitted vehicle
service shall be indoors; 6) All parts and
Request. To permit vehicle service
Zoned - C:: ICommercial Center) and OL lLimited
Olfice)
P & Z AGENDA
07.02.91
C. CONDITIONAL USES:
1.
M&B 21.01, Sec. 13.29.15 (1989 Drew St.)
Daisy I. Edwards (Debbie's Mane Affair)
CU 91 -50
Rcquest . To permit animal grooming and
boarding.
Zoned. CG - (General Commercial)
2.
Paft of Block 2, Baskin's Replat Resun, {2B05
Gulf-to-Bay Boulevardl, Herbert E. and Jane B.
Wollowick (Mane's Best Friendl, CU 91.51
Request. To permit animal grooming and
boarding.
Zoned . CG - (Generol Commercilll!
3.
Lot 7 and part of Lots 8 and 9, Blackburn's Sub.
(24530 U.S. 19 N.l, George D. and Denise
LBaker, Rally Stores, Inc. flk/a Pace Petroleum
Corporation, Daniel and Barbara M. Palomino,
Ferrcllgas, Inc. flk/a The Buckeye Gas Product
Co.. L.P. and Whileeo Industries, Inc.,
(Mountasia Family Golfl, CU 91.52
Request. To permit outdoor commercial
recreation/entertainment by expansion of existing
facility to include bumper boats, kiddie cars and a
batting cage.
Zoned. CH (Highway Commercial)
4.
Part of Lots 7, 8, and 9. City Park Sub.,
(56 Causeway Boulevardl, City or Clearwater
(Keramista, lnc./Beach Dinerl. CU 91-53
Request. To permit on-premise consumption of
beer and wine.
Zoned - CB IBeach Commercial!
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materials sha1l11C stored iruJuors; 71 Vehicle
service activities shall be limited to: tire, brake,
tune up, wheel alignment, minor engine repDtr
(no removal of engines or transmissions I, and oil
and lubrication services; B) No service bay shall
open through the eastern wall of the structure;
and 9) The ilpplic.mt shall submit and Tcccive
approval of the requisite site plan before Issuance
of a building permit.
Approved subject to the following conditions: 1)
All services shall be performed inside the
applicant's establishment; 2) Facililies for
disposal of animal waste shall be in accordance
with plumbing and sanitation codes; 3) Appllcant
shall obtain a City business license within thirty
t30) days 01 this public hearing; and 4) An
required permits shall be obtained within six
months of the date of this public hearing.
Approved subject to the following conditions:
1 )The applicant shall obtain the occupational
license within six (6) months from the date of
this public hearing; 2) Animal grooming services
st..1I1 be performed inside the applicant'S
establishment; and 31 All facilities for animal
waste disposal shall be in accordance with the
plumbing and sanitation codes.
Continued to 7/16/91
, Continued to 7116/91
D. ANNEXATION, ZONING, LAND USE PlAN AMENDMENT,
LAND DEVelOPMENT CODE TEXT AMENDMENT, AND LOCAL
PlANNING AGENCY nEVIEW:
1.
(Continued from 6-16-911
To consider application for Land Development
Code Text Amendment:
An ordinance of the City of Clearwater. Florida
rclalillg to the Land Development Code; creating
Snction 136.031. Code of Ordinances, adoJ)tillg
stilndards and specifications for storrnwatcr
P & Z AGENDA
Approved
2
07.02.91
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detention facUlties, and providIng for payment In
lieu thereof: amending Section 137.010, Codo of
Ordinances, relating to site plans and stormwater
detention requirements for development projects
for which site plan approval Is required: providing
an effective dale. '
E.
CHAIRMAN'S ITEMS
F.
DIRECTOR'S ITEMS
G.
BOARD AND ~TAFF COMMENTS
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P & Z AGENDA
3
07.02-91
f-",
MINUTES
PLANNING & ZONING BOARD
TUESDAY, July 2, 1991
(?' J rJ J /
./.. {j {X { L f C
Members Present:
Chairman Schwob, Messrs. Hamilton, Carassas, Ferrell, MaZI.1r, Bickerstaffe
(arrived at 1:33 p. m.) and Merriam
Members Excused:
Mr. Savage
RECEIVED
J U L 1 9 1991
CITY CLERK
Also Present:
James M. Pohmy, Director of Planning and Development
Scolt Shuford, Planning Manager
Sandra Glauhorn, Senior Planner
Pat Fernandez, Recording Secretary
Chairperson Schwob outlined the procedures for condilional uses and advised that anyone adversely
affected hy 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 Cily 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 LlSTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
A. APPROVAL OF MINUTES
Motion was made by Mr. Hamilton and seconded by Mr. Carassas, to approve the minutes of June 4,
1991 and June 18, 1991. Motion carried unanimously (4 to 0). Mr. Merriam abstained because he was
not a Board member for those meetings.
B. REQUE.C;TS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. (Continued from 6/18/91) M&B 34.031, Sec. 23-29-15 (1515 S Highland Ave) North LakelDelle
Plaza Joint Venture, CU 91.49
Request - To permit vehicle service
Zoned - CC (Commercial Center) and OL (Limited Office)
Ms. GJatthorn gave the background of the case and submiued, in writing, the staff recommendation.
James Baxter, applicant's representative, 918 Drew Street, slated the applicant would build a wing wall
to absorb sound from going into the neighboring residential area. The applicant will extend the fence
which CKists on the east side of the shopping center. Mr. Baxter provided an aerial photo to show all
proximities.
Christopher Deinzer, American Tire Company representative, 5801 Ulmcrton Rd., answered questions
as to where bays would open as well as the type of work to be performed in them.
No persons appeared in support of or in opposition to the above request.
The Board expressed concerns of noise emanating from the husiness operation disrupting other tenants
and it not being a suitable operation Ibr this upscale center. It was noted that persons most affected have
not appeared against this applicalion.
Motion was made by Mr. Hmlliltol1, and seconded by Mr. Carassas, to approve the above request subject
to the following conditions: 1) The requisite blliltling permits shall be procuretl within six (6) months
P & Z MINUTES
07-02.91
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Department and the Environmental Division for review and approval prior to the issuance of any huih.ling
permits. This buffer plan shall consist of a huffer wall as presented hy the applicant, fencing and
landscaping generally meeting the landscaping requirements for buffers set out in Sec. 136.023 of the
Land Development Code; if necessary to accommodate the landscaping, the applicant shall obtain a buffer
installation and maintenance easement from the adjoining property owner(s); 3) No repairs shall occur
between the hours of 6:00 p.m. and 8:00 a.m. Mondays through Saturdays and all day on Sundays; 4)
There shall he no outdoor speakers; 5) All permitted vehicle service shall be indoors; 6) All parts and
materials shall he stored indoors; 7) Vehicle service activities shall be limited t(l; tire, brake, tune up,
wheel alignment, minor engine repair (no removal of engines or transmissions), and oil and lubrication
services; 8) No service bay shall open through the eastern wall of the structure; and 9) The appHcant shaH
submit and receive approval of the requisite site plan beCore issuance of a building permit. Motion
carried (5 to 1) with Mr. Bickerslaffe voting "nay". He feels the business is not appropriate for this
center nor Is the site suitable for the operation.
C. CONDITIONAL USES:
1. M&B 21.01, Sec. 13-29~15 (1989 Drew St.) Daisy I. Edwards (Debbie's Mane Affair), CU 91-50
Request. To permit animal grooming and boarding.
Zoned. CG - (General Commercial)
Ms. Glatthorn gave the background of the case and submitted. in writing, the staff recommendation.
Andrea Murphy, applicant. 409 N. Highland Avcnuc, stated they had been in business in Hillsborough
County and needed only a County occupational license. Upon coming to Pinellas County they obtained
a Pinellas County license and were not aware of the requirement for city occupational license. They have
been in operation for eight (8) months.
In support, David Murphy. 409 N. Highland Avcnue, stated there is ample parking in the lot for all
customers. In response to a question by the Board, Mr. Murphy stated they will not provide mobile
grooming.
No o."c appeared in opposition to the above request.
Motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, to approve the above request subject
to the following conditions: 1) All services shall he performed inside the applicant's establishment; 2)
Facilities for disposal of animal waste shall be in accordance with plumbing and sanitation codes; 3)
Applicant shall obtain an occupational license within thirty (30) days of this public hearing; and 4) All
required permits shall be obtained within six (6) months of the dale of this public hearing. Motion
carried unanimously (6 to 0).
2. Part of Block 2, Baskin's Replat Resuh. (2805 Gulf-to~Bay Boulevard), Herbert E. and Jane B.
Wollowick (Mane's Best Friend), CU 91-51
Request - To permit <lOimal grooming and boarding.
Zoned - CO - (General Commercial)
Ms. Glauhorn gave the hackground of the case and submitted, in writing, the staff recommendation.
Terry Waid, applicant, 290511lOmum Road, Clearwater, Slated she wanted to open a grooming facility
next to a small animal hospital, and that there are no plans currently to do mobile grooming.
No persons appeared in support oC or in opposition to the above request.
P & Z MINUTES
2
Motion was made hy Mr. Mazur, and seconded hy Mr. Hamilton, to approve the ahove requust suhject
to the following conditions: I )The applicant shall obtain the occupational license within six (6) months
from the date of this public hearing; 2) Animal grooming services shall he performed inside the
applicant's establishment; and 3) All facilities for animal wasle disposal shall be in accordance with the
plumbing and sanitation codes. Motion carried unanimously (6 to 0). ~
3. Lot 7 and part of Lots 8 and 9, Blackhurn's Sub. (24530 U.S. 19 N.), George D. and Denise
L.Baker, Rally Stores, Inc. flk/a Pace Petroleum Corporation, Daniel and Barbara M. Palomino,
Ferrellgas, Inc. f/k/a The Buckeye Gas Product Co., L.P. and Whiteco Industries, Inc., (Mountasia
Family Gall), CU 91-52
Request - To permit outdoor commercial recreation/entertainment by expansion of existing facility
to include bumper hoats, kiddie cars and a balting cage.
Zoned - CH (Highway Commercial)
Ms. Glatthorn gave the background of the case anel submitted, in writing, the staff recommendation that
Ule case be continued.
Mr. Mazur stated he has a conflict of interest and would not be participating in the discussion or vole on
this item.
Motion was made by Mr. Hamilton, and seconded by Mr. Carassas. to continue the above request to July
16, 1991. Motion carried 5 to O.
4. Part of Lots 7, 8, and 9, City Park Sub.. (56 Causeway Boulevard), City of Clearwater (Keramista,
Inc.lBeach Diner). CU 91-53
Request - To permit on.premise consumption of beer and wine.
Zoned - CB (Beach Commercial)
Ms. Glatthorn gave the background of the case and submiued. in writing, the staff recommendation.
Steve Chandler, applicant, 1441 Joel Lane, Clearwater, stated that in order to compete he wanted to
expand with an outside deck, and that the existing sidewalk will remain.
The Board had difficulty understanding where this addition will be and its elevation. They felt the
drawings were not clear. Concerns were also expressed about music emanating from the deck and the
impression this makes on persons/tourists as this business is at the entrance to Clearwater Beach. Because
of this, some Board memher~ fell serving alcohol on the deck would create a poor image. The Board
felt there was not adequale information to make a decision and asked the applicant to bring in better
drawings, or the architect, so they can have a better understanding of this item.
P & Z MINUTES
3
Motion was made hy Mr. Merriam, and seconded by Mr. Bickerstaffe, to continue the above request to
July 16, 1991. Motion carried unanimously (6 to 0).
D. ANNEXATION, ZONING, LAND USEPLAN AMENDMENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. (Continued from 6-18-91)
To consider application for Land Development Code Text Amendment:
An ordinance of the City of Clearwater. Florida relating to the Land Development Code; creating
Section 136.031, Code of Ordinances. adopting standards and specifications for stormwaler
detention facilities, and providing for payment in lieu thereof; amending Section 137.010, Code
of Ordinances, relating to she plans allll stormwater detention requirements for development
projects for which shc plan approval is required; providing an effective datc.
Mr. William Baker, Director of Puhlic Works & City Engineer, gave a five minute presentation on the
ahove requested ordinance. He explained that If anyone is doing something to the exi~tlng condition on
a parcel, the individual is responsible for providing stormwater detention. TIle State Department of
Community Affairs advised Clearwater and other communities that their Comprehensive Plans must
eliminate a quirk that exists and require redevelopers do what new developers must do. Mr. Boh Maran
,prepared several examples of how it was handled and how it would have been done under the new
ordinance.
The Board inquired if redoing a facade would come under this ordinance and were advised it would not.
Since Clearwater will not have many new developments the Board was concerned with the limitation this
ordinance would place on redevelopment. Mr. Baker stated with monies that would be received in lieu
of stormwater detention in downtown redevelopment, he hoped there would eventually be a big pretty
lake. It is assumed this also will affect surrounding communities.
Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above Land
Development Code Amendment. Motion carried unanimously (6 to 0).
E. CHAIRMAN'S ITEMS
Chairperson Schwob discussed the following. He read a letter from the City Clerk advising the
Commission will present a Citation to Art Ferrell on July 18, 1991' in recognition of his service on the
Planning & Zoning Board. He reviewed the use of formal names during Board proceedings as it
present~ a hetter picture to the public. Members concurred and wish to continue this practice.
Chairperson Schwob advised he had received a call from the President of Pick Kwik who wanted to meet
relative to matters pending before the Board. While this is not illegal, Chairperson Schwob declined as
he felt uncomfortable when an applicant initiates a meeting. This will no doubt be viewed differently by
each Board member.
F. DIRECTOR'S ITEMS
Mr. Shuford mentioned he would try to get the City Attorney to appear at a meeting and go over the
Sunshine Law and procedures of interest to the Board.
Mr. Shuford advised arrangements have been made with the Police Department to have photo
identification cards made of the new members at 12:30 p.m. prior to the meeting on July 16, 1991.
The State Alcohol Beverage personnel responded to the City request, hy leuer, advising they cannot
inform persons making changes in their liquor license (Le. change of ownership) of local government
requirements.
P & Z MINUTES
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G. BOARD AND STAFF COMMENTS
Mr. Merriam was welcomed to the Board. He uses his title of Doctor professionally hut for Board
purposes prefers to he called Mr. and i1uvised he will he on vacation from August 14-26, 1991.
Meeting adjourned at 3:32 p.m.