06/27/1995 (2)
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PLANNING AND ZONING BOARD R ACTION AGENDA
Tuesday, June 27, 1995
Call to Order, Pledge of Allegiance and Invocation
A. Approval of Minutes R June 8, 1995 -Approved as submitted.
B. Requests for Extension, Deferred and Continued Items
B1. (cont from 5/16/95) (Trial Period Review) Kapok Pavilion I, Ltd/Kapok
Pavilion, Inc. to permit on-premise consumption and package sales of beer, wine
and I iquor (business ownership change) at 923 McMullen Booth Rd, Sec 09-29.16,
M&B 31.01 together with DelOra Gardens, Lots 17, 18, 31-36, 44-46, 51, and
part of Lot 52, zoned CG (General Commercial). CU 94-47
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ACTION: Approved subject to the following conditions: 1) This use shall be subject to all
previously established conditions of approval imposed at the Planning and Zoning Board meeting
of July 19, 1994, except for previous condition #3, limiting outdoor entertainment hours to
midnight, which shall now read as follows: The use of outdoor speakers and all outdoor
entertainment shall cease at 10:00 p.m. Sunday through Thursday evenings, and at 12:00
midnight on Friday and Saturday nights. Jndoor entertainment shall cease at 1:00 a.m. on Friday
and Saturday nights, and at 12:00 midnight on all other nights; 2) Kapok Pavilion shall provide
an off-duty police officer or security guard to properly direct customers during events which
require overflow parking and to prevent customers from climbing the fence into Delara Groves
subdivision; 3) Kapok Pavilion shall provide advance notice of all events which utilize overflow
parking by means of two telephone calls to representatives of the Del Oro Gardens and Del Oro
Groves subdivisions; 4) Kapok Pavilion shall at al/ times keep the dumpster and kitchen entrance
area clear of trash and other debris; 5) Kapok Pavilion shall police the parking lot to avoid
nuisance behavior related to drinking and loud music from automobiles; and 6) there shall be a
trial period of nine monlhs from the date of this meeting to determine if changes in the operation
of this business have resulted in improved compatibility with the surrounding properties.
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B2. (cant from 6/13/95) City of Clearwater (Pinellas County Head Start Child
Development) to permit child day care at 701 N. Missouri Av~ New Country Club
Addition, Blk B, Lot 12 and part of unplatted Blk C, zoned P/SP (PublidSemi
Public). ~U 95-40
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ACTION: Approved subject to the following conditions: 1) a building permit for the parking
lot will be obtained within 30 days of the date of this public hearing, or a variance will be
obtained therefor; and 2) a Certificate of Occupancy shall be obtained within six months of the
date of issuance of the parking lot permit.
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B3. REQUEST FOR EXTENSION: ~harles D. Snead/Markos K. Lagos for vehicle
service at 2070 Range Road. Sec 12-29-15, Pinellas Groves, NE 1/4, part of Lots 11
& 12, zoned Il (Limited Industrial). CU 94-95
ACTION: Approved a three-month extension from the date of this public hearing.
P&Z ACTION
Page 1 of 4
06/27/95
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Conditional Use Applications
C1. Park Place Bldg. ltd/P.s. Restaurants, InclClant Inc to permit the
expansion of existing nonconforming nightclub at 420 Park Place Blvd, Sec 17-29.
16, M&B 23.11, zoned CC (Commercial Center) and CG (General Commercial).
CU 95-41
ACTION: Approved subject to the following conditions: 1) the sale of alcoholic beverages shall
be limited to consumption on premises consumption with no package sales; 2) the certified site
plan for Park Place shall be amended prior to the issuance of a building permit; 3) the applicant
shall obtain a building permit within six months from the date of this public hearing; and 4) a
certificate of occupancy for the expanded area sha.JJ be obtained within one year of the date of
this public hearing.
C2. Dimmitt Cat leasing Inc (B1's Towing & Recovery Ine) to permit (1) indoor
storage and/or warehousing of vehicles and (2) outdoor retail sales, displays and/or
storage of vehicles at 509 Pine S(, Wallace's Addition, Blk 4, lots 1-3 and part of
Lots 4-6 and vacant alley between, zoned CG (General Commercial). CU 95-42
ACTION: Approved subject to the following conditions: 1) there shall be no storage of vehicles
on any right-of-way, retention area or required landscaped area; 2) display areas shall be clearly
marked on a site plan to assist in code enforcement; 3) a six foot high opaque fence shall be
installed within three months of the date of this public hearing; the Planning and Zoning Board
recommends that this opaque fence be constructed of wood, if acceptable by the Police
Department; 4) all site lighting shall be equipped with a 900 cutoff mechanism, with the light
being directed downward and away from adjoining residential properties and streets rights-of-way
within six months from the date of issuance of the requisite building permit; 5) the perimeter
landscaping requirements of Sec. 42.27 shall be provided along the front of the property prior to
issuance of a certificate of occupancy, and such landscaping shall be continuously maintained
thereafter; 6) the required occupational license shall be obtained within two months of the date
of this public hearing; and 7) Vehicular access shall be from Fort Harrison Avenue to Pine Street
only.
C3. Marco Cheaib/Hisham Moustafa Cheaib (Short Stop) to permit package sales
of beer and wine (new license) at 2320 Sunset Point Rd, Sunset Point Estates, Blk B,
part of Lots 17 & 18 less road r..(}ow, zoned CG (General Commercial). CU 95-43
APION: Approved subject to the following conditions: 1) the applicant shall locate and screen
the dumpster in accordance with Sanitation Division requirements. Dumpster screening shall be
located a minimum of five feet from the north property line; 2) the applicant shall relocate and
enclose the dumpster on the east side of the building in accordance with the requirements of the
Sanitation Division within three months of the date of removal of the nonconforming freestanding
sign located on the east side of the property; 3) all necessary building permits shall be obtained
within three months of the date of this public hearing; 4) a certificate of occupancy shaH be
obtained Within six months of the date of this public hearing; and 5) the applicant shall obtain
approval from Traffic Engineering for any new parking spaces.
P&Z ACTION
Page 2 of 4
06/27/95
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C4. Mark M Mitchell & Karl Pedersen. Trustees/ElJzabeth D Mitchell TRUSt
to permit manufacturing and vehicle service at 20 S Washington Ave. Mattison
Square, lot 7, zoned UC (E) (Urban Center Eastern Corridor). CU 95-44
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ACTION: Approved subject to the following conditions: 1) there shall be no outdoor storage
or setvice; and no inoperable vehicles shall be stored outside of building for more than 24 hours;
2) the applicant shall provide an appropriate dumpster to handle the disposal of trash; this
dumpster shall be located and screened in accordance with the requirements of the sanitation
division as part of the building plan review process, prior to issuance of a certificate of occupancy;
3) all parts, tires, and other materials related to either the manufacturing or the vehicle service use
shall be kept indoors at all times and 4) all customer vehicles and vehicles used in the conduct
of the business shall be kept off the street right-of-way at all times.
C5. R. Roy Meador. Trust~e of the R. Roy Meador Revocable Living Trust to
permit utility facilities; detention pond at 509 Bayview Ave & 508 Meadowlark
.LiuJe, Town of Bayview Sub alk/a McMullen's Bay View Sub, Blk 3, part of lots 1
& 2, zoned RS 6 (Single Family Residential). (:U 95-45
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ACTION: Continued to the meeting of July 18, 1995 for advertising.
D.
Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text
Amendment and local Planning Agency Review
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D1. 1528 Stevensons Drive, Stevenson's Heights, Blk A, lot 20 and abutting
right-of-way (Roderick A. Johnson & Annette A. Rowe) A 95-12; lUP 95-14
LUP: Residential Low
ZONE: RS-8 (Single-Family Residential)
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ACTION: Recommended endorsement to the City Commission.
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02. 1317 Woodbine Street, Pine Ridge Sub, Blk C, lot 5 (New Zion
'Missionary Baptist Church) A 95-13; LUP 95-15
lUP: Residentiallow
ZONE: RS-8 (Single-Family Residential)
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ACTION: Recommended endorsement to the City Commission.
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D3. 1221 & 1256 Bay Ave, 317,323 & 325 Pinellas St, and 1225 Reynolds
Ave, Westover Sub, Blk B, Lots 1-2 & 17, C. Perry Snell's Bluff View Court, Lots
22-24; and 5.J. Reynolds Sub, Lot 8 (Morton Plant Hospital Association and
Evmorphia M. Kralis) Z 95-02; lUP 95-13
LUP: From Residential/Office General to Institutional
ZONE: From Ol (limited Office) to MPD (Master Planned Development)
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ACTION: Continued to the meeting of July 18, 1995, at the request of the applicant.
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P&Z ACTION
Page 3 of 4
06/27/95
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D4. Ordinance No. 5860-95 of the City of Clearwater, Florida, relating to the
Land Development Code; amending Division 18 of Chapter 40, Code of
Ordinances, to provide for revised requirements for the North Greenwood
Commercial District; amending Section 41.053, Code of Ordinances, to address
Conditional Use Supplementary Standards for two conditional uses in the North
Greenwood Commercial District; providing an effective date.
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AqION: Recommended endorsement to the City Commission.
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Chairman's Items - None
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. Director's Items - None
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Board and Staff Comments - Discussion
Adjournment - 4:55 p.m.
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Page 4 of 4
06127/95
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PLANNING AND ZONING BOARD
June 27,'1995
Members Present:
Kemper Merriam, Chair
Jay Keyes, Vice Chair (arrived 2:02 p.m.)
Edward Mazur
Brenda Nixon
John Carassas
Bernie Barron
Robert D. Bickerstaffe
Also Present:
Sandra Glatthorn, Central Permitting Manager
Steve Doherty, Central Permitting Supervisor
Gwen Legters, Board Reporter
. The meeting was called to order by the Chair at 2:00 p.m. in the Commission Chambers of City
Hall, followed by the Invocation and Pledge of Allegiance. The Chairman outlined the procedures
for conditional uses and advised that anyone adversely affected by a decision of the Planning and
,. Zoning Board, with regard to conditional uses, has two weeks from this date in which to fife an
appeal 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.
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To provide continuity, the items will be listed in agenda order although not necessarily discussed
in that order. .
A. '
Approval of Minutes M June 13, 1995
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Member Bickerstaffe moved to approve the minutes of June 13, 1995, in accordance with copies
'. submitted to each Board member in writing. The motion was duly seconded and carried
. 'unanimously.
. B. . Requests for Extension, Deferred and Continued Items
B1. '(continued from 5/16/95) (Trial Period Review) Kapok Pavilion I, Ud/Kapok
Pavilion, Inc. to permit on~premise consumption and package sales of beer, wine
',:';.: ::. ::.' .'. and liquor (business ownership change) at 923 McMullen Rooth Rd, Sec 09~29-16,
';:,~I:::". .'. ..' M&B 31.01 together with Del Oro Gardens, Lots 17, 18, 31 M36, 44-46, 51, and
~k : .:. ..... . . part of Lot 52, zoned CG (General Commercial), CU 9447:
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~:F,~:;".., '. . Ms.' G,'atthorn gave the background of the case and presented, in writing, the staff
-:;~:C: .':.'.:: ":;,:. ", re'commendation. . She stated staff has met with the property owner and neighborhood
\>:~::.:.>>.', <..:' represen'tatives to discuss problems concerning noise, trash and parking related to large events.
~t,<'. .': :"" :., ~. i:Staff recommended approval with'six conditions.
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Page 1 of 10
06127/95
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Pamela Keris, attorney and co-owner of the subject property, expressed concern with condition
#2 relating to parking lot security. She stated she is already providing a security guard to police
the parking lot after hours. Additional guards direct traffic during Kapok Pavilion events. She
stated it is difficult to provide overflow parking because the neighboring properties are unwilling
to enter into reciprocal parking agreements with the Kapok Pavilion. lengthy discussion followed
regarding a parking solution.
Another concern expressed by Ms. Keris was with the 14-day advance notification of coming
events recommended in condition #3. She requested clarification regarding how and to whom
such notice should be furnished. Mr. Doherty stated this was a courtesy requested by the
representative of Del Oro Groves only for large events requiring overflow parking. The manner
of notification was discussed at length.
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Ms. Keris questioned condition #5 relating to after hours policing of the parking lot. Mr. Doherty
said this condition is the result of complaints received by staff concerning people drinking and
playing loud music from their cars at night. Ms. Keris stated there has never been a substantiated
case of this occurring after hours in the Kapok parking lot. She stated the only problems
documented by the security guards concern neighborhood children defacing the statuary and
grounds.
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Discussion ensued regarding a four~page outline of the issues by Ms. Keris, dated June 15, 1995.
In addition to the previously stated issues, concerns regarding blowing trash and surrounding
property values were addressed. She said there has been only one incident of material blowing
from the dumpster enclosure and that incident was exaggerated. It was agreed some complaints
concerning the subject property were not justified.
Ms. Keris did not object to another nine month trial period. She indicated a major portion of the
evening events currently being held will cease October 31. Regarding having no music after
midnight, Ms. Keris requested to be allowed indoor music until 1 :00 a.m.
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In response to a question, Ms. Keris described signage on the property. She stated a sign variance
request is in process to enlarge what presently exists.
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Discussion ensued regarding the 4COP SR liquor license currently held by the establishment. Ms.
Keris responded, while they do not presently have package sales, the license is a valuable
commodity. She noted new licenses of this type are no longer available and she was not willing
to relinquish use of the license as a condition of granting the request. Discussion followed
regarding renewal cost and use of the license. It was understood the City is looking to avoid
creation of another liquor store.
Ms. Glatthorn read into the record the previously established conditions of approval imposed at
the Planning and Zoning Board meeting of July 19,1994.
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Sharon O'Flannery, Vice President of the Del Oro Homeowners' Association, spoke in support
of the request. She stated she met with the City and the applicant and agreed to the trial period.
She clarified the courtesy notification to the homeowners was to involve nothing more than
advising two or three key people at DelOra Gardens and Del Oro Groves of large events. She
stated she would inform the Kapok Pavilion, in writing, of any change in this regard.
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mpz06b.95
Page 2 of 10
06127/95
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Regarding an earlier point relating to past parking availability, Ms. Q'Flannery said overflow
parking was formerly directed to the Hamptons property, which is no longer available to the
Kapok Pavilion.
No one was present to speak in opposition to the request. Ms. Glatthorn noted neighborhood
concerns were addressed at the meeting with staff and incorporated into the suggested conditions.
Ms. Keris expressed concern some of the conditions were too stringent. There was general
agreement the applicant has been asked to do more than is normally required of other commercial
properties. It was felt the police, not the business owner, should be charged with enforcing the
law when someone parks or behaves irresponsibly. Language contained in the recommended
conditions of approval was discussed at length and modifications were proposed.
Mr. Doherty provided clarification of the parking conditions in the area and vehicular access to
the subject property. He stated it is not the policy of the Traffic Engineering department to
provide temporary no parking signs for residential areas. Permanent no parking signs were felt
to involve too many negative factors for homeowners.
Member Keyes moved to approve Item B 1 subject to staff conditions with modifications as
follows: 1) This use shall be subject to all previously established conditions of approval imposed
at the Planning and Zoning Board meeting of July 19, 1994, except previous condition #3, limiting
outdoor entertainment hours to 12:00 midnight, which shall now read as follows: The use of
outdoor speakers and all outdoor entertainment shall cease at 10:00 p.m. Sunday through
Thursday evenings, and at 12:00 midnight Friday and Saturday nights. Indoor entertainment shall
cease at 1 :00 a.m. Friday and Saturday nights; and at midnight all other nights; 2) Kapok Pavilion
shall provide an off-duty police officer or security guard to properly direct customers during events
which require overflow parking and to prevent customers from climbing the fence into Del Oro
Groves subdivision; 3) Kapok Pavilion shall provide advance notice of all events which utilize
overflow parking by means of two phone calls to representatives of the Delara Gardens and Del
Oro Groves subdivisions; 4) Kapok Pavilion shall at all times keep the dumpster and kitchen
entrance area clear of trash and other debris; 5) Kapok Pavilion shall police the parking lot to
avoid nuisance behavior related to drinking and loud music from automobiles and 6) there shall
be a trial period of nine months from the date of this meeting to determine if changes in the
operation of this business have resulted in improved compatibility with the surrounding
. properties. The motion was duly seconded.
Concerns were expressed with the suggested conditions of approval regarding hours of outdoor
music and overflow parking. It was felt the conditions are too restrictive.
Upon the vote being taken, Members Merriam, Keyes, Mazur, Nixon, Barron and Bickerstaffe
voted "Ayen; Member Carassas voted nNay." Motion carried.
A continuance request for Item D3 was heard at this point.
B2. (cont from 6/13/95) ~ity of Clearwater (Pinellas County Head Start Child
. Development) to permit child day care at 701 N. Missouri Ave, New Country Club
Addition, Blk B, Lot 12 and part of unplatted Blk C, zoned P/SP (PubIidSemi
Public). CU 95-40
mpz06b.95
Page 3 of 10
06127/95
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Ms. Glatthorn gave the background of the case and presented, in writing, the staff
".-..... recommendation. She stated the proposal is for the expansion of an existing child day care
1 .~) facility, which will require three additional parking spaces. A building permit was obtained and
a modular building has been placed on the site. A permanent certificate of occupancy will not
be issued until the parking spaces are provided, or a variance granted. Staff recommended
approval with two conditions.
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William McClendon, representing the applicant, agreed with the recommended conditions and
stated he would comply with the additional parking requirement.
In response to a question, Mr. McClendon stated the expanded facility will serve about 35
children in two dasses.
Member Bickerstaffe moved to approve Item 82 subject to the following conditions: 1) a building
permit for the parking lot shall be obtained within 30 days of the date of this public hearing, or
a variance obtained therefor; and 2) a Certificate of Occupancy shall be obtained within six
months of the date of issuance of the parking lot permit. The motion was duly seconded and
carried unanimously.
B3. REQUEST FOR EXTENSION: Charles D. Snead/Markos K. Lagos for vehicle
service at 2070 Range Road, Sec 12-29-15, Pinellas Groves, N E 1/4, part of lots 11
& 12, zoned IL (Limited Industrial}. CU 94-95
Ms. Glatthorn stated a three month time extension is being requested to allow time to obtain
Traffic Engineering and Southwest Florida Water Management District (SWFWMD) approvals. She
recommended approval subject to the conditions established at the December 18, 1994 meeting.
Those previous conditions involving a six month ti"':1e limit would be extended to nine months.
Member Carassas moved to approve a three month extension from the date of this public hearing.
The motion was duly seconded and carried unanimously.
. C.
Conditional Use Applications
C1. Park place Bldg. ud/P.S. Restaurants. InclClant Inc to permit the
. expansion of existing nonconforming nightclub at 420 Park Plac~ Blvd, Sec 17-29-
16, M&B 23.11, zoned CC (Commercial Center) and CG (General Commercial).
CU 9541
.) Ms. 'Glatthorn gave the background of the case and presented, in writing, the staff
recommendation. She stated the proposal is for the expansion of the floor area in an existing
nightclub within a shopping center. Outlining the current code requirements and gross floor area
calculations, she noted the proposal will require one additional parking space. It was suggested
this be provided by a simple adjustment to the site plan, as excess parking spaces exist in this
. . shopping center.
The Police Department commented that police activity for the subject property is consistent with
the type of business. An activity report submitted by the Police Intelligence Unit shows the
number of police calls has declined dramatically over the past two and a half years.
mpz06b.95
Page 4 of 10
06127/95
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john Potenza, business owner and Roxanne Amoroso, property manager, addressed the board.
Mr. Potenza briefly highlighted the proposaL Ms. Amoroso questioned the condition regarding
a recertified site plan. Ms. Glatthorn referred to the simple adjustment relating to the parking
requirement.
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Questioned regarding the decrease in police calls, Mr. Potenza indicated he has a good
relationship with police officers. Ms. Barrosa said the property management has worked very hard
to effect the improvement. She stated posting no trespassing signs, strict adherence to police
regulations, changing guard service and tightening down on unacceptable behavior has resulted
in the extreme reduction in problems.
, .
Joe Dugan's was felt to be a wellwrun establishment and no concerns were expressed with the
proposed addition.
Member Carassas moved to approve Item C1 subject to the following conditions: 1) the sale of
alcoholic beverages shall be limited to on premises consumption with no package sales; 2) the
certified site plan for Park Place shall be amended prior to the issuance of a building permit; 3)
the applicant shat! obtain a building permit within six months from the date of this public hearing;
and 4) a certificate of occupancy for the expanded area shall be obtained within one year of the
date of this public hearing. The motion was duly seconded and carried unanimously.
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C2. Dimmitt Car Leasing rnc (BJ's Towing & Recovery Inc) to permit (1) indoor
storage and/or warehousing of vehicles and (2) outdoor retail sales, displays and/or
storage of vehicles at 509 Pine St, Wallace's Addition, Blk 4, Lots 1-3 and part of
Lots 4-6 and vacant alley between, zoned CG (General Commercial). ~l,J 95-42
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Ms. Glatthorn gave the background of the case and presented, in writing, the staff
recommendation. She stated B.j.'s Towing and Recovery, Inc. was recently awarded the City
Police impounding contract; however, is currently operating without an occupational license.
Outlining the storage, landscape buffering and setback requirements, she stated seven conditions
. of approval are suggested. The proposed conditions indude a six foot opaque fence surrounding
the outdoor storage area and no vehicular access from Turner Street.
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Discussion ensued about obtaining the occupational license and certificate of occupancy. It was
not known whether a remote site owned by the applicant could be used for excess outdoor
vehicle storage. Concern was expressed vehicles impounded as evidence should be stored inside.
The building location was discussed in relation to the lots along Fort Harrison Avenue.
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johnathan Haworth, the business owner, addressed the Board's concerns. He explained, he
moved into the building after the Police Department awarded the contract. He was given 30 days
. to fulfill certain requirements, or move out. He stated he does have access to another property
near Ulmerton Road, however, needs to use the Pine Street property because of its proximity to
the Police Department.
In response to a question, Mr. Haworth stated he does not expect to deal with more than the 50
to 60 cars which can be accommodated in the indoor storage area.
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Page 5 of 10
06/27/95
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Discussion ensued regarding the impoundment procedure, opaque fencing material and
~ restricting access from Turner Street.
Two citizens addressed the Board, expressing no objection to the appl ication. Wh i Ie it was
felt Mr. Haworth has done a good job cleaning up the property, clarification of the outdoor
retail sales portion of the request was needed. It was indicated this relates to the auction of
unclaimed vehicles. Mr. Haworth explained the procedure, stating an auction generally
consists of selling a group of cars to interested dealers and would not generate noise or
increased traffic.
Another concern related to limiting vehicular access. Mr. Haworth stated he was not aware
his business traffic was distressing the neighbors and was willing to limit access to avoid this.
Lengthy discussion ensued regarding the type of opaque fencing material and landscaping
to be provided around the outdoor vehicle storage area. While some felt wood was more
aesthetically pleasing, it was indicated the police require chain link for security. Concerns
were expressed chain link fencing with vinyl slats becomes unsightly after a short time and
it is important to protect the view for the neighbors.
Member Carassas moved to approve Item C2 subject to the six conditions recommended by
staff plus a seventh condition that vehicular access be limited to Fort Harrison Avenue and
Pine Street. The motion was duly seconded.
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Discussion ensued regarding the type of fencing material to be used and whether a time limit
should be set for building the fence.
Member Carassas withdrew his motion. The seconder agreed.
Member Nixon moved to approve Item C2 subject to the following conditions: 1) there shall
be no storage of vehicles on any right-of-way, retention area or required landscaped area;
2) display areas shall be clearly marked on a site plan to assist in code enforcement; 3) a six
foot high opaque fence shall be installed within three months of the date of this public
hearing; the Planning and Zoning Board recommends that this opaque fence be constructed
of wood, if acceptable by the Police Department; 4) all site lighting shall be equipped with
a 900 cutoff mechanism, with the light being directed downward and away from adjoining
. residential properties and streets rights-of-way within six months from the date of issuance
of the requisite building permit; 5) the perimeter landscaping requirements of Sec. 42.27
shall be provided along the front of the property prior to issuance of a certificate of
occupancy, and such landscaping shall be continuously maintained thereafter; 6) the
required occupational license shall be obtained within two months of the date of this public
hearing; and 7) vehicular access shall be from Fort Harrison Avenue to Pine Street only. The
motion was duly seconded and upon the vote being taken, Members Merriam, 'Mazur,
Nixon, Barron and Bickerstaffe voted UAyel1; Members Keyes and Carassas voted "Nay.1t
Motion carried.
.'::'0. " . The meeting recessed from 4:00 to 4:05 p.m.
mpz06b.95
Page 6 of 10
06127/95
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C3. Marco Cheaib/Hisham Moustafa Cheaib (Short Stop) to permit package sales
of beer and wine (new license) at 2320 Sunset Point Rd, Sunset Point Estates, Blk B,
part of Lots 17 & 18 less road r-o-w, zoned CG (General Commercial), CU 95-43
Ms. Glatthorn gave the background of the case and presented, in writing, the staff
recommendation. Staff recommended approval with four conditions.
In response to a question, Ms. Glatthorn stated she would investigate why Traffic Engineering
noted a transportation impact fee may be required.
Marco Cheaib, the property owner, stated he wishes to change the name of the store to Easy Pick.
In response to questions, he stated he has never operated a business with alcoholic beverage sales
and he will be the full-time manager. It was indicated Mr. Cheaib would receive instruction and
be fingerprinted as part of the license process. He stated he understands the conditions for
approval.
Member Keyes moved to approve Item C3 subject to the following conditions: 1) the applicant
shall locate and screen the dumpster according to Sanitation Division requirements. Dumpster
screening shall be located a minimum of five feet from the north property line; 2) the applicant
shall relocate and enclose the dumpster on the east side of the building according to Sanitation
. Division requirements within three months of the date of removal of the nonconforming
freestanding sign located on the east side of the property; 3) all necessary building permits shall
be obtained within three months of the date of this public hearing; 4) a certificate of occupancy
shall be obtained within six months of the date of this public hearing; and 5) the applicant shall
obtain approval from Traffic Engineering for any new parking spaces. The motion was duly
seconded and carried unanimously.
C4. Mark M Mitchell & Karl Pedersen. Trustees/Elizabeth 0 Mitchell TRUST
to permit manufacturing and vehicle service at 20 S Washington Ave., Mattison
Square, Lot 7, zoned UC (E) (Urban Center Eastern Corridor). CU 95-44
Ms. Glatthorn gave the background of the case and presented, in writing, the staff
recommendation. She indicated staff is concerned the proposed use is intensive for this property.
Questions were raised how cars waiting to be serviced will be handled. Staff recommended
approval with four conditions.
Mark Mitchell, owner, and Pete Martin, contracted purchaser, addressed the Board. Mr. Mitchell
concurred with the staff report, stating the proposed use is similar to what exists in the surrounding
area. He stated Mr. MartinIs use is an improvement, as the previous owner was a marine
contractor who kept the property in an unsightly condition.
Discussion ensued regarding parking, retention and the work to be performed. Mr. Mitchell stated
a larger building is planned to accommodate cars and equipment inside. Mr. Martin's stated his
contract welding business staff consists of himself and a helper. Due to the nature of the business,
he will not have a large number of customers driving up. He said any vehicles waiting for same
day service would be parked in the large driveway, not in the street.
":,pz06b.95
Page 7 of 10
06127/95
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Mr. Martin requested clarification of what type of work may be performed outside. Ms.
Glatthorn stressed the code does not allow any type of outdoor service or storage in this
location. She read the applicable code section into the record. She stated vehicles left
outside overnight were considered outdoor storage.
One citizen spoke in opposition to the request, expressing concern this is not a proper
location for light manufacturing. It was felt there is insufficient parking and the lot is too
small for this type of use. Concern was expressed with sand blasting on the site.
Lengthy discussion ensued regarding sand blasting. Mr. Martin responded to questions,
stating he knows how to do his work and will follow the code. He stated he would never
attempt more than a small scale sand blasting job at this location and the work would be
done inside with appropriate shielding. Anything larger would be contracted out.
Questions were raised regarding the public amenity area. Ms. Glatthorn responded it has
been a downtown district requirement for some time to provide for pedestrian access, in
proportion to lot size. The proposed picnic table area is to meet this requirement.
Discussion ensued regarding details of the outdoor service question. Ms. Glatthorn again
stressed the code does not allow for any type of outdoor service. Consensus was a vehicle
sitting in the driveway for a few hours, waiting to be serviced, would not be a violation.
Member Keyes moved to approve Item C4 subject to the following conditions: 1) there shall
be no outdoor storage or service; and no inoperable vehicles shall be stored outside the
building for more than 24 hours; 2) the applicant shall provide an appropriate dumpster to
handle the disposal of trash; this dumpster shall be located and screened according to
sanitation division requirements as part of the building plan review process, prior to issuance
of a certificate of occupancy; 3) all parts, tires, and other materials related to either the
. manufacturing or the vehicle service use shall be kept indoors at all times and 4) all customer
vehicles and vehicles used in the conduct of the business shall be kept off the street right-of-
way at all times. The motion was duly seconded and carried unanimously.
C5. R. (toy Meador, Trustee of the R. Roy Meador Revocable Living Trust
to permit utility facilities; detention pond at 509 Bayview Ave & 508
Meadowlark Lane, Town of Bayview Sub aIkIa McMullen's Bay View Sub, Blk
3, part of Lots 1 & 2, zoned RS 6 (Single Family Residential). CU 95-45
Due to scheduling, staff requested to continue this item to July 18, 1995.
Member Bickerstaffe moved to continue Item C5 to the meeting of July 18, 1995. The
motion was duly seconded and upon the vote being taken, Members Merriam, Keyes, Nixon,
Carassas, Barron and Bickerstaffe voted "Aye"; Member Mazur was not present. Motion
carried.
mpz06b.95
Page 8 of 10
06/27/95
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. D.
Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text
Amendment and Local Planning Agency Review
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D1. 1528 Stevensons Drive, Stevenson's Heights, Blk A, Lot 20 and abutting
right-of-way (Roderick A. Johnson & Annette A. Rowe) A 95-12; LUP 95-14
LUP: Residential Low
ZONE: RS-8 (Single-Family Residential)
Member Carassas moved to endorse Item 01. The motion was duly seconded and carried
unanimously.
D2. 1317 Woodbine Street, Pine Ridge Sub, Blk C, lot 5 (New Zion
Missionary Baptist Church) A 95-13; LUP 95-15
lUP: Residentiallow
ZONE: RS-B (Single-Family Residential)
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Member Carassas moved to endorse Item D2. The motion was duly seconded and carried
unanimously.
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D3. 1221 & 1256 Bay Ave, 317, 323 & 325 Pinellas St, and 1225 Reynolds
Ave, Westover Sub, Blk B, Lots 1-2 & 17, C. Perry Snell's Bluff View Court, lots
22-24, and S.]. Reynotds Sub, Lot 8 (Morton Plant Hospital Association and
Evrnorphia M. KraUs) Z 95-02; LUP 95-13
LUP: From Residential/Office General to Institutional
'ZONE: From Ol (limited Office) to MPD (Master Planned Development)
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Emil Marquardt, representing the applicant, requested a continuance of this item to July 18,
1995. Member Mazur left the meeting from 3:08 to 3:12 p.m.
, "
. Member Carassas moved to continue Item D3 to the meeting of July 18, 1995. The motion was
duly seconded. Upon the vote being taken, Members Merriam, Keyes, Nixon, Carassas, Barron
. 'and Bickerstaffe voted "Aye"; Member Mazur was not present. Motion carried.
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. D4. Ordinance No. 5860-95 of the City of Clearwater, Florida, relating to the
land Development Code; amending Division 18 of Chapter 40, Code of
Ordinances, to provide. for revised requirements for the North Greenwood
Commercial District; amending Section 41.053, Code of Ordinances, to address
Conditional Use Supplementary Standards for two conditional uses in the North
Greenwood Commercial District; providing an effective date.
Ms~ Glatthorn outlined the proposed amendmentt stating staff is recommending endorsement.
Concern was expressed with having no setback requirement from North Greenwood Avenue
and adjacent side streets. A question was raised if buildings in that area are flush with the
street, or have sidewalks. Ms. Glatthorn indicated construction is allowed to the property line.
It was not known if sidewalks are present; however, it was indicated pedestrian areas would be
taken into consideration.
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Questions were raised regarding day care referenced at the top of page 6 of the ordinance. Ms.
Glatthorn referred to Section 40.344 on page 2, stating child day care is under conditional uses,
with limitations.
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Member Nixon moved to endorse Item D4. The motion was duly seconded and carried
unanimously.
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E.
Chairman's Items - None
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w:>;~;. ,:' O'iscussion ensued with regard to hearing continuance requests earlier in the agenda. Ms.
~f;:...<.:' . Glatthorn explained all applications are agendaed in the order they were received by staff.
~p.~:~.~::'., ." Consensus was to consider continuance requests, when known, at the beginning of the meeting,
~~.:~< .,:.: .' uli'less the public wishes to speak to the item being continued. In this case, the continuance
~t\'L.::, .:. : '.' . . request an,d associated comments are to remain in agenda order.
~Y: <:' .,......:. H. Adjournment
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t~:{~O ':., :" . .' .,'!h~ me~ting was adjourned at 4:55 p.m.
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Director's Items - None
G.
Board and Staff Comments
A question was raised whether the applicant's presence is required at a continuance request
hearing. Ms. Glatthorn is to investigate. '
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Chair I .
Page 10 of 10
06127/95
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