02/14/1995 (2)
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ACTION AGENDA
PLANNING AND ZONING BOARD
Tuesday, February 14, 1995 - 2:00 p.m.
Commission Chambers~ 112 South Osceola A venue~ Clearwater, FL
Item No. .
A. APPROVAL OF MINUTES
January 24~ 1995 approved as submitted.
B.
1.
REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
(cont. from 1/24/95) Morton Plant Life Services, Inc.~ (Bayview Gardens) to permit a
Nursing Home at 2855 Gulf-to-Bay Blvd~ Resub of Baskins Replat~ part of Lot 2~ zoned RM
16 (Multi Family Residential) & OL (Limited Office). CU 95-04
Action: Approved subject to the following conditions: 1) The applicant shall obtain the requisite
occupational license within 12 months of this public hearing; 2) the facility shall be for the care of
the elderly people only, with the maximum number of residents being 120, unless further limited by
the board requirements; 3) the applicant shall obtain the necessary building permit within six months
of this public hearing; 4) prior to the issuance of a building pennit, a clearing and grubbing permit
and a tree removal permit (or a no tree verification form) shall be required; 5) a copy of approved
SWFWMD permit shall be submitted to Environmental Management prior to the issuance of a
building permit; 6) the applicant shall show all protected trees by size, species, and location on the
final site plan prior to certification; 7) prior to certification, the final site plan shall delineate the
entire contiguous property under the hospital ownership including the upland and submerged lands;
and 8) the applicant shall remove the concrete seawall and rubble prior to issuance of a certificate
of occupancy for the nUrsing home, or if permitting delays occur, the applicant shall post a bond in
an amount deemed sufficient by the City Engineer to provide for the removal of this material.
2.
(cont. from 10/18/94 & 11/1/94 & 12/13/94) Amza D. & Ncim B. AbduUaj (Dervish Bros.
Gallery Restaurant & Lounge) to pennit on premises consumption of beer, wine, and liquor
(expansion) at 1370 Gulf Blvd., Sec 19-29-15, M&B 14.04 & 14.05, zoned CG (General
Commercial) & OSIR (Recreation/Open Space). CU 94-84
J,ctio1l: De1lied.
c.
CONDITIONAL USES:
1.
Cleanvatcr Community Hospital/Richard H. Katzeff, CEO to permit noncommercial
parking at 1550-1570 Jasmine Way, Druid Groves, Blk A, Lots 7-12 & V2 vacated street,
zoned RM 8 (Multi Family Residential). CU 95~06
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Action: Continued to February 28, 1995.
2. REC lIDansk Plaza Limited Partnership/Charles Strahota (Sticks and Stones Billiards)
to permit on-premise consumption and package sales of beer and wine (new license) at
2790D Gulf-to-Bay Blvd, Sec 17-29-16~ M&B 24.02, zoned CO (General Commercial).
CU 95-07
Actioll: COllti'Illed to Febru~ 28, 1995.
3. Ester S. & Keith A. Fortley (Seal-Jet Technology, Inc.) to pennit manufacturing at 716
Laura St., Gould & Ewing 2nd Addition, Blk 15, part of Lot 14, zoned UC(C) (Urban
Center Core). CU 95-08
Action: Approved subject to the following conditions: 1) The applicant shall obtain the required
occupational license within six months of the date of date of this public hearing; and 2) any noise
and traffic generated by the use shall be compatible with the surrounding uses.
4.
Roberta M. Golding & Loren M. Pollack, Trustees of the Estate of Stuart S. Golding
(Watermill Express I, Ltd) to permit outdoor retail sales, displays, and/or storage at 1861-
1897 N. Highland Ave, Sunset Square Sub, Lots 1 & 4, zoned CC (Commercial Center).
eu 95-09
Action: Approved subject to the following conditions: 1) The applicant shall obtain the requisite
building permit within six months from the date of this public hearing; and 2) the applicant shall
. meet all supplementary conditions for outdoor retail sales, displays and storage in accordance with
Sectio'n 41.053(23) of the City Land Development Code.
5.
D U Chap, Inc (B and B Sales, Inc) to permit outdoor retail sales, displays, and/or storage
of vehicles at 2570 Gulf-to-Bay Blvd, Sec 18-29-16, M&B 14.10, zoned CH (Highway
Commercial). CU 95-10
Action: Approved subject to the following conditions: 1) The requisite occupational Ucense shall
be obtained within six months of the date of this public hearing; 2) the applicant shall meet all
supplementary conditions for outdoor retail sales, displays and/or storage in accordance with Section
41.053(23) of the City Land Development Code; 3) the applicant shall obtain the necessary building.
permit within six months of the date of this public hearing; 4) no repair operations shall be permitted
. on the site; 5) the parking lot shall be paved and the final parking lot layout shall be in conformance
. with the Land Development Code and subject to final approval by the City Traffic Engineer within
60 days from the date of this public hearing; 6) no vehicles shall be displayed for sales within any
required open space/front yard areas or street right-of-way; and 7) the required perimeter landscaping
materials as required in Section 42.27 of the code shall be installed to the extent possible given
existing site conditions.
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6.
City of Cleanvatcr to permit utility facilities to construct a retention pond at 375 Hampton
Rd, Sec 17-29-16, M&B 13.06, zoned RS 8 (Single Family Residential). CU 95-11
Actioll: Approved subject to the following conditions: 1) The applicant shall obtain the requisite
building permit within six months of the date ofthis public hearing; and 2) at a minimum, the use
shall meet the perimeter landscaping requirements of Section 42.27(3) for nonresidential properties,
unless located in an area where the environmental characteristics make such buffering impractical.
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND
DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING
AGENCY REVIEW:
, i.
Notice of Chnnl:c of Land Use: Notice of Chant:e in Zonina
1. Loveland Sub; Lots 14-22, and part ofSec 27-29-15, part ofM&B 21.01 & 21.011; Z 94w12
ZONE: From CC (Commercial Center).to CG (General Commercial)
OWNER(s): Barnett Bank of Pine lias County
tJction: Continued to February 28, 1995.
2.
Loveland Sub~ Lots 3-4, and part of See 27-29-15, part ofM&B 21.011; Z 94w13;
LUP 94-34
LUP:
ZONE:
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OWNER(s):
From Residential Medium to Commercial General
From RM12 (Multiple Family Residential) to CN (Neighborhood
Commercial)
Barnett Bank of Pinellas County
;jctiOll: COIlti1l"ed to February 28, 1995.
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3.' (n) Sec 27-29-15, part ofM&B 21.011; (b) Sec 27-29-15, part ofM&B 21.01 & 21.011;
Z 94-14; LUP 94-33
LUP: (a) From Residential Medium to Preservation
(b) Prom Commercial General to Preservation
ZONE: (a) From RM12 (Multiple Family Residential) to P (Preservation)
(b) From CC (Commercial Center) to P (Preservation)
OWNER(s): Barnett Bank of Pine lias County
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4.
lSSOw1570 Jasmine Way, Druid Groves, Blk A, Lots 7-12, and vacated right-of-way
adjacent to the West side of Lot 12. (Cleanvater Community Hospital). Z 94-15
ZONE: From RS 8 (Single Family Residential) to RM 8 (Multiple Family Residential)
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Action: COllt/tllled to February 28, 995.
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Land Development Code Amendments:
5. Ordinance No. 5768-95 of the City ofCleanvater, Florida, relating to the Land Development
Code; amending Sections 40.433 and 40.434, Code of Ordinances, to provide for revised
permitted and conditional uses in the Infill Commercial District; amending Section 41.053,
Code of Ordinances, to establish supplementary standards for approval for new conditional
uses allowed in the Infill Commercial District; providing an effective date.
A ctioll: Recommelld elldorsemellt.
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6.
Ordinance No. 5769-95 of the City of Clearwater, Florida, creating Section 30.058 to
establish vehicle parking restrictions in residential areas, including a prohibition of parking
on lawns and open space areas of single family, duplex, and triplex uses in residential zones
. and any unpaved street rightMof-way adjacent thereto; to authorize the issuance of parking
tickets for any violation of the parking restrictions in residential areas; deleting Section
42.34(9) regarding parking restrictions in residential areas and incorporating the provisions
contained therein in Section 30.058; providing an effective date.
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Actioll: Recolnmelld endorsemellt with the following chWlges:
. " 1) item 2(b) . line 3, delete for the owner or lessee of and substitute to park;
'2) item 2(b) line' 6, delete to park said vehicle;
3) item' 5(b) line 3, delete six hours and replace with 24 hours.
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MINUTES
PLANNING AND ZONING BOARD
February 14, 1995 - 2:00 P.M.
Commission Chambers, 112 South Osceola Avenue, Clearwater, FL
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present:
Kemper Merriam, Chair
Jay Keyes, Vice Chair
Brenda Nixon (left 5:21 p.m.)
John Carassas (left 4:36 p.m.)
Edward Mazur (arrived 2:25 p.m.)
Robert D. Bickerstaffe
Bernie Baron
, Also Present:
Scott Shuford, Director, Central Permitting
Sally Demarest, Board Reporter, City Clerk Department
Chairman Merriam introduced the new board member, Bernie Baron, and outlined the procedures
for conditional uses. He 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
appe8l through the City Clerk Department. Florida Law requires any party appealing a decision of
this Board to have a record of the proceedings to support the appeal.
By motion duly seconded, the minutes of the January 24, 1995 meeting were approved as submitted.
, ' Mr. MaZur asked that p 8, para 3 of the January 10, 1995 minutes indicate his name as the involved
," ,board member.
. The following requests for extension, deferred and continued items were considered:
,HI; (cont. from 1/24/95) Morton Plant Life Services, Inc., (Bayview Gardens) to permit
a Nursing'Home at 2855 Gulf-fo-Bay Blvd, Resub of Baskins Replat, part of Lot 2, zoned
RM 16 (Multi Family Residential) & OL (Limited Office). CU 95-04
,:, The'Chairman indicated this application was continued due to lack of a voting quorum at the
, januarY 24, 1 Q95 meeting.
.1, C
, Central Planning Director Scott Shuford gave a brief summary of the application and presented, in
" writing, the staff reconimendations. He indicated that on August 2, 1994 the Planning and Zoning
Board p.eard a similar a request from the applicant to build the nursing home in the eastern portion
" of the applicant's property. The request was denied by the Board because of environmental concerns.
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It was noted the applicant had withdrawn an appeal fonnerly scheduled for February 23, 1995. This
current application locates the proposed nursing home at an entirely different location and staff feels
the Land Development requirements will be met. Mr. Shuford indica~ed a neighbor contacted him
relative to the seawall expressing concern that the application did not include a submittal date to DEP;
the applicant contended a permit carrying a date certain would burden him. Staff agrees that the
requirement stated in the suggested conditions would be adequate to cover the requirement for
removal of the seawall. In addition, Mr. Shuford reported City Attorney Pam Akin has agreed with
his determination that Congregate Care Facility is the appropriate designation in tenns of applying
parking requirements.
Attorney Emil C. Marquardt, Jr., General Counsel to Morton Plant Hospital and Morton Plant Life
Services, Inc., 400 Cleveland Street, Clearwater, speaking for the applicant, presented a brief synopsis
of the application and said the proposed relocation of the ACLF facility to the western end of the
property addresses the Board's environmental concerns. He noted the penalty to the applicant if the
concrete seawall is not removed prior to the issuance of a certificate of occupancy.
Allan Stowell, 2873 Thornton Road, Clearwater, indicated he is the adjoining property owner and
spoke in support of the application at this new location. He expressed appreciation to Morton Plant
Hospital for its efforts to relocate the facility to an ecologically safe area. Mr. Stowell's concern was
fOf the concrete rubble, left by the previous owners, Bayview Gardens, which he has contested since '
1985. He req~ested inclusion ofa condition requiring application for a permit within 90 days.
Rebutting, Mr. Marquardt said the applicant did not own the property in 1985, and would object to
a condition mandating application for a permit within 90 days. He theorized the existence of the
concrete rubble was helpful in erosion control for the properties. He said, however, that the hospital
will remove the rubble as it has agreed.
Motion was made by Mr. Keyes to approve the request subject to the following conditions: The
applicant shall obtain the requisite occupational license within 12 months of this public hearing; 2)
the facility shall be for the care of the elderly people only, with the maximum number of residents
being 120, unless further limited by the board requirements; 3) the applicant shall obtain the necessary
building pennit within six months of this public hearing; 4) prior to the issuance of a building permit,
a clearing and grubbing permit and a tree removal pennit (or a no tree verification fonn) shall be
required; 5) a copy of approved SWFWMD pennit shall be submitted to Environmental Management
prior to the issuance of a building permit; 6) the applicant shall show all protected trees by size,
species, and location on the final site plan prior to certification; 7) prior to certification, the final site
plan shall delineate the entire contiguous property under the hospital ownership including the upland
and submerged lands; and 8) the applicant shall remove the concrete seawall and rubble prior to
issuance of a certificate of occupancy for the nursing home. or if permitting delays occur, the
applicant shall post a bond in an amount deemed sufficient by the City Engineer to provide for the
removal of this material. The motion was duly seconded and carried unanimously.
minPZ02a.95
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02/14/95
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Following the motion 1vIs. NIXon expressed appreciation to Morton Plant and said in this instance the
hospital has the good of the community as well as its patients in mind, adding the issue could have
involved a long and expensive battle.
B2. (cont. from 10/18/94 & 11/1194 & 12/13/94) Amza D. & Neim B. Abdullaj (Dervish
Bros. Gallery Restaurant ~ Lounge) to pennit on premises consumption of beer, wine, and
liquor (expansion) at 1370 Gulr Blvd., See 19..29-15, M&B 14.04 & 14.05, zoned CO
(General Commercial) & OS/R (Recreation/Open Space). CU 94-84
Mr. Shuford gave the background of the' application and presented, in writing, the staff
recommendations. He mentioned past continuances, changes to the alcoholic beverage ordinance and
the requirement of a conditional use pennit due to outdoor seating. He specifically noted the
approximate 60 ft. distance from a residential zone and past objections from surrounding residents
to noise during evening hours. The State has not yet rendered a final decision on the related weapons
charge.
Contradictions of police reports was noted and differences in response, or whether the call was
restaurant- or resident~generated, were indicated as possible reasons for the disparity. Mr. Shuford
suggested designation of a single contact person in the Police Department might address a problem
of this nature in the future.
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Responding to a question, Mr. Shuford said Central Pennitting records indicate there is no permit on
file for either the tiki bar or the former deck.
Mr. Mamr arrived at the meeting at 2:25 p.m. He later asked concerned parties for objections to his
participation in subsequent discussion and vote on this item. There were none.
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Attorney HarrY Cline of Macfarlane, Ausley, 400 Cleveland Street, Clearwater, spoke in behalf of
the applicants. He spoke at length, giving historical background of the property, and the purchase
and operation of the present restaurant business which caters to banquet~type parties. He cited the
unusual location of the business on the Gulf of Mexico, adding the owner wished to have his patrons
utilize the ambiance and extraordinary view. He said the expansion of the existing 4-COP-SRX
license is for alcoholic beverage sales on a proposed second-floor deck, adjacent to the dining room.
Mr. 'Cline stressed the proposed deck would not be a commercial beach bar, would have no outside
speakers, entertainment or music, and limited hours of operation and noise. He opined the planned
use would not propose an excessive burden or substantial impact on neighbors and cited similar
restaurant/condominium co-existence situations.
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Arnza AbdulIaj, owner and one of the Dervish Brothers, 1370 Gulf Boulevard, Clearwater, was
present but did not speak.
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Speaking for the opposition, Attorney Ed Armstrong, 911 Chestnut Street, Clearwater, represented
Sand Key Club, the neighboring properties to the south. He asked those owners present to stand;
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approximately 40 persons stood. Continuing, Mr. Armstrong noted the distance of 54 ft. between
the propo~ed deck and the neighboring residential zone, adding the required separation distance is
200 ft. He relayed the five standards for approval which the applicant does not meet. He said the use
is not compatible with the surrounding natural environment; has a detrimental effect on surrounding
properties; is incompatible with surrounding setbacks, appearance, architectural design, etc.;and
traffic is dissimilar to surrounding uses. He said a proposed wall would not buffer noise generated
on the deck.
Frank Prescott, 1390 Gulf Boulevard, Clearwater, president of Clearwater Sand Key Club
Condominium Association, represented his group as friends of Mr. AbduIlaj and patrons of the
restaurant. His group's points of contention were the appearance of the deck, the lack of toilet
facilities and a place where employees could wash their hands. There was an objection to noise
generated by the persons who would be selVed alcoholic beverages selVcd on the outdoor deck.
A person speaking in opposition who identified herself as Dr. Smith, living at Crescent Beach Club
to the north, said these units provide approximately $350,000 in yeariy tax revenue. She opposed
the application because of the potential for noise, increased crime, alcoholic beverage sales on the
beach, and the proximity ofthe deLk to neighboring porches.
Grace Mandicott, 1430 Gulf Boulevard. Clearwater. president of South Beach II Condominium
Association, concurred with Dr. Smith, and said the $2.00 automobile parking which the restaurant
offered to transients created litter and beach disturbance.
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In rebuttal, Mr. Cline gave positive assurance there would be no bar on the deck; it is a dining area
only. He opined the small deck would not be an unreasonable or excessive burden to the
neighborhood. He offered tax records to prove that approximately 70% of the surrounding
residences were non-homesteaded.
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In the ensuing discussion, an opinion favoring the application and concern for present and future
property owners were expressed.
A motion for denial was made by Mr. Bickerstaffe. The motion was duly seconded and upon the
, vote being taken, Chainnan Merriman, Ms. NIXOn, Messrs. Bickerstaffe. Mazur, Carassas and Baron
voted "aye"; Mr. Keyes voted "nay". The motioD carried. (6-1)
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The following Conditional Use requests were considered:
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Ct. Oeanvater Community HospitaVRichard lL KatzefT, CEO to permit noncommercial
parking at 1550-1570 Jasmine Way, Druid Groves, Blk A, Lots 7-12 & V2 vacated street,
zoned RM 8 (Multi Family Residential). CU 95-06
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Mr. Shuford gave the background of the application and presented, in writing, the staff
recommendations. He indicated this request is being filed in conjunction with item D-4 and
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suggested that items C-l and D-4 (the RM-8 rezoning request) be presented and discussed
simultaneously but voted upon separately. The Chairman and Board members agreed. Mr. Shuford
particularly noted two letters received from Ms. Oloria Moore expressing concerns relative to
exposure of homes in the area to traffic and the sight of the parking lot. She suggested fencing similar
to that on the southern boundary. Mr. Shuford said this is the maximum expansion area of parking
that could receive staff support in this particular area. He mentioned the increased number of
property owners notified in addition to the 200 ft.. required limit, due to public interest and concern.
Speaking for the applicant, Tom Matthews, Chief Financial Officer of Clearwater Community
Hospital, 11521 E. Druid Road) Clearwater, gave a brief history of the hospitah health care
involvement and growth, and said the expansion of services created the desperate need for the
additional employee parking area.
Architect Tun Shawhan of Harvard, Jolly, Clees & Toppe, PA, 2714 9th Street North, S1. Petersburg,
designed the 120..space parking area with consideration of water retention, existing trees, exits on
adjacent streets, lighting and landscaping. The architect was complimented on the proposed
landscaping. Exception wa.., taken to the 24 in. hedge and a suggestion was made to allow the
oleander hedge to grow to full size; Mr. Shawhan said he was sure the hospital would agree to this
stipulation.
A neighbor speaking in opposition, Gerard Coleman, 1555 Magnolia Drive, Clearwater, said he had
not received notification of public hearings in the past, although he did this time. He questioned why
the City Commission and Board would devalue the properties in the area and cited the reduction of
tax base caused by Morton Plant Hospital. .
Another neighbor, John Casanieri, 715 South Glenwood Avenue, Clearwater) said he has lived in the
area 15 years and disapproved of the additions to the hospital. He suggested the hospital purposely
deceived everyone and said the people in the neighboring area do not know what can happen to them.
He cited high rise hotels in Atlantic City as an example. He objected to the City taking properties off
the tax roles and Morton Plant's destruction of the waterfron~ area. He said the Commission is not
as considerate as the Board members' are, and the situation with the helicopter has been resolved.
GloriaMoore, 1559 Jasmine Way, Clearwater, said due to the tardiness of notification she had little
time to contact concerned neighbors. She distributed and described several photographs of the area.
She expressed concern for future water problema, wild animals and birds and objected to gas fumes
and dust, noise, lack of privacy and the height of lighting.
Rosemary Meredith, 1563 Jasmine Way, Clearwater, speaking in opposition, noted privacy and safety
concerns and objected to the low buffering hedge. She suggested a six ft. wall; Mr. Shuford said such
a wall could endanger existing trees. He suggested gaps for trees wi~ additional landscaping.
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Speaking in rebuttal, Mr. Matthews said the hospital wants to work with the community and does not
intend to deceive anyone. He said the proposed employee parking lot is in the rear, away from the
front entrance.
Mr. Matthews was advised that it would be incumbent upon the hospital to ensure that parking use
conditions would be met, either with parking decals, a security person, car gate or guard. The need
for a substantial buffer on the south side of the new parking lot and identifying signs was expressed.
A berm was suggested; Mr. Shuford cautioned about the location of trees and underground utilities.
He suggested the applicant could change their request to Residential Planned Development (RPD)
to allow construction of a fence in the setback area and supported use of a car gate.
Motion was made by Mr. Bickerstaffe to continue the request to the February 28, 1995 meeting to
allow staff discussion and recommendations with regard to technical issues. The motion was duly
seconded and carried unanimously. The Chairman suggested the applicant meet with neighbors in
an effort to amicably resolve their differences on this matter.
The meeting recessed at 4:27 p.m., reconvening at 4:36 p.m. Mr. Carassas left the meeting during
the recess.
C2. REC J/Dansk Plaza Limited Partnership/Charles Strahota (Sticks and Stones
Billiards) to permit on-premise consumption and package sales of beer and wine (new license)
at 2790D Gulf-ta-Bay Blvd, Sec 17-29-16, M&B 24.02, zoned CO (General Commercial).
CU 95-07
Mr. Shuford gave the background of the application and presented, in writing, the staff
recommendations. He briefly described the business and its effect up~n surrounding residential uses.
, The applicant was not present. Motion was made by Mr. Bickerstaffe to move the item to the end
of the agenda to accommodate the possible late arrival of the applicant. The motion was duly
seconded and carried unanimously.
At the close of the meeting, when the applicant did not appear, motion was made by Mr. Mazur to
continue the request to the February 28, 1995 meeting. The motion was duly seconded and carried
unanimously.
0. Ester S. & Keith A. Fortley (Seal-Jet Technology, Inc.) to permit manufacturing at 716
Laura St., Gould & Ewing 2nd Addition, Blk 15, part of Lot 14, zoned UC(C) (Urban
Center Core). eu 95-08
Mr. Shuford gave the background of the application and presented, in writing, the staff
recommendations. He said the light manufacturing business will not present a parking problem for
surrounding uses.
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~ The applicant, Marc Vallieres, 214 S. Highland Avenue, Clearwater, explained there are no chemicals,
,...d heat, waste residue and uses very little water. He said he would be the single operator of the
manufacturing equipment, and business will be conducted by telephone.
There were no persons or documents in support of or opposition to the application.
Motion was made by Mr. Mazur to approve the request subject to the following conditions: The
applicant shall obtain the required occupational license within six months of the date ofthis public
hearing; and 2) any noise and traffic generated by the use shall be compatible with the surrounding
uses. The mot.on was duly seconded and carried unanimously.
C4. Roberta M. Golding & Loren M. Pollack, Trustees of the Estate of Stuart S.
Golding (Watermill Express I, Ltd) to permit outdoor retail sales, displays, and/or storage
at 1861-1897 N. Highland Ave, Sunset Square Sub, Lots 1 & 4, zoned CC (Commercial
Center). CU 95-09
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Mr. Shuford gave the background of the application and presented, in writing, the staff
recommendations. He distributed pictures and infonnation provided by the applicant which explained
the service, indicating stafffelt the use was acceptable, noted the windmill design and said the sign
would require adherence to regulations.
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Speaking for the applicant, Victor Strauss, 600 Bypass Drive, Clearwater, displayed two poster sized
pictures depicting the exterior and computer-controlled interior of the structure and described it as
"well-anchored" to withstand hurricane force winds. He explained public water is passed through a
very sophisticated purification system rendering an extremely high quality product. Mr. Strauss
addressed parking and his concern with safe access.
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There were no persons or documents in support of or opposition to the application.
Motion was made by Mr. Mazur to approve the request subject to the following conditions: The
applicant shall obtain the requisite building pennit within six months from the date of this public
hearing; and 2) the applicant shall meet all supplementary conditions for outdoor retail sales. displays
and storage in accordance with Section 41.053(23) of the City Land Development Code. The
motion was duly seconded and carried unanimously. '
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C5. D U Chap, Ine (B and B Sales, Inc) to permit outdoor retail sales, displays, and/or
storage of vehicles at 2570 Gulf-to-Bay Blvd, Sec 18-29-16. M&B 14.10, zoned CH
(Highway Commercial). CU 95-10
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Mr. Shuford gave the background of the application and presented, in writing, the staff
recommendations. He indicated the request was for vehicle sales on a property which has been
vacant for some time. He suggested a perimeter landscaping condition be added to the conditions
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provided by staff. Mr. Shuford said an upgrade to current code is not necessary for a property of
this kind, but incremental upgrading such as one tree per 40 feet offront footage would be required.
It was noted that the application was for outdoor retail sales only, and vehicle repair, other than
simple car maintenance procedures, will not be allowed.
The applicant, Robert SantoreU~ 208 12th Avenue, Indian Rocks, described the business and said no
repair work whatsoever will be perfonned. A wooden fence which had been questioned has already
been taken down. He reported a theft of oleander, oak: trees and other landscaping. Parking has
been approved and Mr. Santorelli said he is anxious to comply with any Board stipulation.
Speaking in support of the applicant, Ken Ullman, 2750 South Pines Drive #138, Largo, said Central
Permitting approved the parking this date, and in his opinion all issues have been addressed.
There were no persons or documents in opposition to the application.
Motion was made by Mr. Bickerstaffe to approve the request subject to the following conditions:
1) The requisite occupational license shall be obtained within six months of the date of this public
hearing; 2) the applicant shall meet all supplementary conditions for outdoor retail sales, displays
and/or storage in accordance with Section 41.053(23) of the City Land Development Code; 3) the
applicant shall obtain the necessary building permit within six months of the date of this public
hearing; 4) no repair operations shall be permitted on the site; 5) the parking lot shall be paved and
the final parking lot layout shall be in conformance with the Land Development Code and subject to
final approval by the City Traffic Engineer within 60 days from the date of this public hearing; 6) no
vehicles sba1I be displayed for sales within any required open space/front yard areas or street right-of-
way; and 7) the required perimeter landscaping materials as required in Section 42.27 of the code
shall be installed to the extent possible given existing site conditions. The motion was duly seconded
and carried unanimously.
C6. City of Clearwater to pennit utility facilities to construct a retention pond at 375
Hampton Rd, See 17-29-16, M&B 13.06, zoned RS 8 (Single Family Residential). eu 95-
11
Speaking for Roy Sallinger of tile City Engineering Department, Mr. Shuford reported that, in order
to ensure water quality requirements, installation of a water retention facility was necessary in
conjunction with the widening of Hampton Road.
There were no persons or documents in support of or opposition to the application.
Motion was made by Mr. Bickerstaffe to approve the request subject to the following conditions:
The applicant shall obtain the requisite building permit within sUe months of the date of this public
hearing; and 2) at a minimum, the use shall meet the perimeter landscaping requirements of Section
42.27(3) for nonresidential properties, unless located in an area where the environmental
characteristics make such buffering impractical. The motion was duly seconded and carried
unanimously.
minPZ02a.95
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The following annexation, zoning, Land Use Plan Amendment, Land Development Code Text
Amendment and Local Planning Agency Review items were considered:
Notice of Change orLand Use; Notice of Change in Zoning
Dl. Loveland Sub, Lots 14~22, and part ofSec 27-29-15, part ofM&B 21.01 & 21.011; Z
94-12
ZONE:,
OWNER(s):
From CC (Commercial Center) to CG (General Commercial)
Barnett Bank of Pin ell as County
Mr. Shuford offered a letter from the applicant which indicated agreement to the OL zoning change.
He expressed surprise that the applicant did not appear at the meeting today. It was the consensus
of the Board not to take action on items Dl, D2 and D3 because of the magnitude of the proposed
project without the applicant being present.
Motion was made by Ms. NIXon to continue the request to the February 28, 1995 meeting. The
motion was duly seconded and carried unanimously.
D2.' Loveland Sub, Lots 3-4, and part of See 27~29-15, part ofM&B 21.011; Z 94-13;
LUP 94-34
LUP:
ZONE:
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OWNER(s):
From Residential Medium to Commercial General
Prom RM12 (Multiple Family Residential) to CN (Neighborhood
Commercial)
Barnett Bank of Pine lIas County
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Motion was made by Ms. NIXon to continue the request to the February 28, 1995 meeting. The
motion was duly seconded and carried unanimously.
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D3. (a) See 27.29-15, part ofM&B 21:011; (b) See 27-29-15, part ofM&B 21.01 & 21.011;
Z 94-14; LUP 94-33
LUP: (a) From Residential Medium to Preservation
(b) From Commercial General to Preservation
ZONE: (a) From RMl2 (Multiple Family Residential) to P (preservation)
(b) From CC (Commercial Center) to P (preservation)
,OWNER(s): Barnett Bank of Pine lias County
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Motion was made by Ms. NIXon to continue the request to the February 28, 1995 meeting. The
motion was duly seconded and carried unanimously.
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D4. 1550-1570 Jasmine Way, Druid Groves, BtkA, Lots 7-12, and vacated right-of-way
adjacent to the West side of Lot 12. (Clearwater Community Hospital). Z 94-15
ZONE: From RS 8 (Single Family Residential) to RM 8 (Multiple Family Residential)
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, The Chairman and board members had previously agreed to discuss items Cl and D4 simultaneously
but vote upon each item separately (see p 4).
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Motion was made by Mr. Bickerstaffe to continue the request to the February 28, 1995 meeting.
The motion was duly seconded and carried unanimously.
The following Land Development Code Amendments were considered:
D5. Ordinance No. 5768-95 of the City of Clearwater, Florida, relating to the Land
Development Code; amending Sections 40.433 and 40.434, Code of Ordinances, to provide
for revised pennitted and conditional uses in the Infill Commercial District; amending Section
41.053, Code of Ordinances, to establish supplementary standards for approval for new
conditional uses allowed in the InfiJl Commercial District; providing an effective date.
Mr. Shuford gave the background of the proposed code amendment indicating three different uses
and standards for approval in the InfiII Commercial District which was prepared pursuant to the
direction of the City Commission. Mr. Shuford said the proposed amendment will address concerns
of the Board relative to Lakeview Road rezoning.
Motion was made by Mr. Mazur to recommend endorsement to the City Commission. The motion
was duly seconded and carried unanimously.
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D6. Ordinance No. 5769-95 of the City of Clearwater, Florida, creating Section 30.058 to
establish vehicle parking restrictions in residential areas, including a prohibition of parking on
lawns and open space areas of single family, duplex, and triplex uses in residential zones and
any unpaved street right-of-way adjacent thereto; to authorize the issuance of parking tickets
for any viol8:tion of the parking restrictions in residential areas; deleting Section 42.34(9)
regarding parking restrictions in residential areas and incorporating the provisions contained
therein in Section 30.058; providing an effective date.
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Mr. Shuford gave the background of the proposed code amendment noting two letters from the Old
Clearwater Bay Neighborhood Association in support. A meeting with approximately 20 concerned
citizens contributed to the data gathering which addresses parking on the front lawns of single family,
duplex and triplex homes.
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Following a brief discussion, motion was made by Ms. Nixon to recommend endorsement to the
City Commission with the following three changes: 1) item 2(b) line 3, delete for the owner or lessee
of and substitute to park; 2) item 2(b) line 6, delete to park said vehicle; and 3) item 5(b) line 3,
delete six hours and replace with 24 hours. The motion was duly seconded and carried
unanimously.' The Chairman expressed the need for the public to notified should the proposed
amendment be approved; Mr. Shuford suggested notification via the local City television channel.
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The following Chairman's items were considered:
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Chairman Merrlam asked that in the future, speakers be limited as to time. It was suggested that
speakers be notified of time limitations at the start of the meeting, and these limitations be enforced.
It was noted that there is no forewarning signal on the timer, so at the sound of the signal, speakers
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will be allowed an additional approximately 30 Seconds to conclude their presentations. Chairman
Merriam also asked that there be no cross-talking among Board members during meetings.
The following Director's items were considered:
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The revised Rules and Regulations were provided by Mr. Shuford to the Board members. He said,
with the agreement of the City Attorney, the provision regulating whether a member may discuss or
vote on an item if they were not present for the entire presentation was deleted, and participation in
discussion or vote will be up to the discretion of the member. The Revised Rules and Regulations
will be agendaed for the February 28, 1995 meeting.
Ms. Nixon left the meeting at 5:21 p.m.
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, Mr. Shuford said the item relative to the receipt and referral process for site plan and conditional use
, review is "eing assessed by the City Attorney and will be introduced at the next meeting. He said he
, ,believed the proposed item covers the issues of greatest concern to the Board.
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