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PLANNING & ZONING BOARD MEETING - ACTION AGENDA
Tuesday, July 1, 1997,2:00 p.m.
Call To Order, Invocation, Pledge Of Allegiance
Minutes Approval - June 3 & June 17, 1 997 - Continued to the next meeting.
B. Requests For Extension, Deferred and Continued Items
81. Time Extension - Lima Lake. Inc. (Yacht Basin Apartments) to permit marina (20 slips)
at 501 Mandalay Ave, Yacht Basin Sub, Lots 109, zoned RM 24 (Multi Family
Residential) and P (Preservation.) CU 97-09
ACTION: Approved a 6 month time extension
B3. (Cant. from 6/3/97) John N. Shropshire (Gulf to Bay Diagnostic) to permit outdoor
retail sales, displays and/or storage at 1420 Gulf to Bay Blvd., Knollwood Replat, Blk 3,
Lots 2, 19, and part of Lot 3, zoned CG (General Commercial). CU 97-29
ACTION: Approved subject to the following conditions: 1) The applicant shall rent and
keep vacant the duplex unit located closest to the MRI facility until the facility is removed;
2) This approval shall expire one year after the date of this public hearing at which time the
MRI mobile facility shall be removed; 3) A building permit shall be obtained within 30 days
from the date of this public hearing; and 4) The applicant shall provide the City with a letter
signed by an appropriately licensed engineer which confirms the MRI has been properly sited;
This letter shall be supplemented with !3 plan of the MRI showing the perimeter established
about the facility outside of which people can safely live without being adversely affected by
electromagnetic radiation generated by the MRI.
C1. William M. Shephard. TRE/Laooon Resort Motel (Clearwater Parasail) to permit outdoor
commercial recreation (parasail) at 619 S Gulfview Blvd See 17-29-15, M&B 22.01
and Bayside Sub #5, Blk C, Lots '-5 & riparian rights, zoned CR 28 (Resort
Commercial.) CU 97- 33
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain the
requisite occupational license within 90 days of the date of this public hearing; 2) The boat
shall be operated only by a captain having the appropriate US Coast Guard License
whenever customers are on board; 3) The passenger capacity of the vessel shall be limited
to a maximum of 6 passengers; and 4) There shall be no actual parasailing activities in
Clearwater Pass.
C2. Morton Plant Hosoital Association. Inc./Bettv Jones/Jovce Silver to permit
noncommercial parking at 710 N Myrtle Ave, R.H. Padgetts Sub, Blk 1, Lots 5 & 6 less
8t; Blk 2, Lots 1 & 2; and part of proposed vacated Alden Ave, zoned RS 8 (Single
Family Residential.) CU 97-34
ACTION: Continued to the meeting of August 19, 1997
C3. P. & Kathv PanaQoulias. TRE (Rosaly's Mexican Restaurant & Brief Encounter) to
permit restaurants, nightclubs, taverns & bars occupying over 10% of the gross floor
area of a retail complex at 612-630 Cleveland St, Gould & Ewing 1 st Addition, Blk 5,
Lot 4, zoned UC(C) [Urban Center (Core).] CU 97-36
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01. Request for a Zoning Atlas amendment of the City of Clearwater for property located
at 211-223 Windward Passage, Island Estates of Clearwater Unit 5, Blk D, Lots 4-6.
(The Pools at Windward Passage/ROJO Holdings Corp/Dolphin's landing, Inc.) Z 97-07
ZONE: From CG (Commercial General) to CPO (Commercial Planned Development)
ACTION: Endorsed to the City Commission.
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ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite building permit, certificate of occupancy and occupational license within six
months from the date of this public hearing; and 2) All alcoholic beverage sales shall be
limited to consumption on premises only, with no package sales permitted.
C4. ROJO Holdings Corp. (The Pools at Windward Passage) to permit a marina at 211-223
Windward Passage, Island Estates of Clearwater Unit 5, Blk 0, Lots 4-6 & waterway
adjacent S of Lots 4-7, zoned Proposed CPO (Commercial Planned Development.)
CU 97-37
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
permits from the US Army Corps of Engineers" the State of Florida Department of
Environmental Protection and the Pinellas County Water and Navigation Control Authority as
a requisite to obtaining a City permit for the marina; 2) The applicant shall obtain the requisite
City building permit within one year from the date of this public hearing; 3) Use of the marina
shall be limited to noncommercial uses only, and no leasing of slips to persons other than
residents of the proposed townhouse development shall be permitted; 4) There shall be no
live-aboard vessels permitted at this facility and transient dockage at this marina shall not be
permitted; 5) A fueling station is not authorized at this marina; and 6) The westernmost pier
shall be moved to the east subject to City Harbormaster approval.
D. Annexation, Zoning, land Use Plan Amendment, land Development Code Text
Amendment, and local Planning Agency Review
Board and Staff Comments - Discussion
Adjournment -- 3:50 p.m.
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
July 1, 1997
Present:
Edward Mazur
Brenda Harris Nixon
Robert D. Bickerstaffe
Frank Kunnen
Douglas Hilkert (arrived 2:12 p.m.)
Vacant Seat
Vacant Seat
Leslie Dougall-Sides
Sandy Glatthorn
Steve Doherty
Gwen Legters
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Assistant City Attorney
Planning Manager
Zoning Section Supervisor
Board Reporter
The meeting was called to order at 2:00 p.m. in City Hall, followed by the Invocation,
Pledge of Allegiance, meeting procedures, and the appeal process.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Minutes Approval-- June 3 and June 17, 1997
This item was continued to allow time for members to receive and review the minutes.
8. Requests For Extension, Deferred and Continued Items
81. Time Extension N Lima Lake. Inc. (Yacht Basin Apartments) to permit marina (20 slips) at
501 Mandalay Ave, Yacht Basin Sub, Lots 109, zoned RM 24 (Multi Family Residential)
and P (Preservation.) CU 97-09
In a letter dated May 15, 1997, the applicants' representative requested a six month
extension to allow time to obtain the requisite State and County permits. In response to a
question, Ms. Glatthorn said the conditions of approval will not change.
Member Kunnen moved to approve a six month time extension for Item B1, CU 97-09.
The motion was duly seconded and carried unanimously.
82. (Continued from June 3. 1997) John N. Shropshire (Gulf to Bay Diagnostic) to permit
outdoor retail sales, displays and/or storage at 1420 Gulf to Bay Blvd., Knollwood Replat,
Blk 3, Lots 2,19, and part of Lot 3, zoned CG (General Commercial). CU 97-29
Mr. Doherty presented background information and written staff recommendations, stating
the applicant wishes to place a mobile MRI (Magnetic Resonance Imaging) facility inside a
tractor trailer parked behind a doctor's office on the subject property. This item had been
continued at staffs request allow time for further research, to ensure the applicant has fully
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addressed compatibility issues. Concerns had been expressed regarding the impact such a
unit may have on heart pacemakers, televisions and computer equipment in the adjacent
duplex dwelling located 50 to 75 feet from the MRI facility. The applicant submitted a packet of
information just prior to the June 3 meeting relating to the principles of operation and safety of
the equipment. Staff had indicated they could not support the request without more substantive
information regarding the safety of the unit and the effect on its surroundings. Supplemental
information was submitted in a letter dated June 27, 1997, explaining how the equipment meets
the safe levels of operation recommended by General Electric and the Federal Food and Drug
Administration. As the corner of the nearest dwelling unit falls within the line of lowest
electromagnetic output, the applicant rented the dwelling unit and agreed to keep it vacant until
the MRI facility is removed.
Robert Jackson, the applicant, responded to questions regarding orientation of the
equipment on the site in relation to pedestrian and vehicular access. No verbal or written
support or opposition was expressed.
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Member Nixon moved to approve Item 82, CU 97-29, subject to the following conditions:
1) The applicant shall rent and keep vacant the duplex unit located closest to the MRI facility
until the facility is removed; 2) This approval shall expire one year after the date of this public
hearing at which time the MRI mobile facility shall be removed; 3) A building permit shall be
obtained within 30 days from the date of this public hearing; and 4) The applicant shall provide
the City with a letter signed by an appropriately licensed engineer which confirms the MRI has
been properly sited; This letter shall be supplemented with a plan of the MRI showing the
perimeter established about the facility outside of which people can safely live without being
adversely affected by electromagnetic radiation generated by the MRI. The motion was duly
seconded and carried unanimously.
C. Conditional Uses
C1. William M. Shephard, TRE/Lagoon Resort Motel (Clearwater Parasail) to permit outdoor
commercial recreation (parasail) at 619 S Gulfview Blvd See 17-29-15, M&B 22.01 and
Bayside Sub #5, Blk C, Lots 1-5 & riparian rights, zoned CR 28 (Resort Commercial.)
CU 97 -33
Mr. Doherty presented background information and written staff recommendations, stating
the applicants wish to move an existing parasail operation from its present location near
Harnden Drive, to Shephard's Resort Hotel. The City Harbormaster supports the proposal;
howeve'r, expressed concern for safe loading of passengers due to the location outside the "no
wake" zone in the heavily traveled pass. Staff supported the request provided the parasail is
not flown while the boat is in Clearwater Pass. Staff recommended approval with four
conditions.
Tim Johnson, attorney representing the applicant, said the business has experienced no
problems at its original location. The captain prefers the Shephard's location due to the
reduced travel time to open water. He described conditions in the general vicinity of the
Intracoastal Waterway related to "no wake" zones, and the captain's safety record. He said the
captain is currently allowed to parasail within the Intracoastal Waterway. He stressed the
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captain would never parasail inside the pass, but sometimes weather is too rough to allow safe
sailing in open water. He requested deletion of the portion of condition #4 restricting parasailing
activities to the area outside the breakwaters.
Mr. Johnson responded to questions regarding safe passenger loading. Staff did not object
to amending condition #4, subject to the Harbormaster's approval. Board members concurred.
indicating such limitations have not been placed on other parasailing requests that have come
before the board.
No verbal or written support was expressed. One hotel operator spoke in opposition to the
application, citing a concern with increasing the heavy weekend boat traffic behind hotels in the
vicinity.
Mr. Johnson responded no one has cited any problems that have resulted from heavy boat
traffic. He noted the Coast Guard and County Sheriff's office have expressed no concerns. He
suggested, if it becomes necessary, the amount of boat traffic is an issue for the City
Commission to address.
Member Bickerstaffe moved to approve Item C11 CU 97 -33 subject to the following
conditions: 1) The applicant shall obtain the requisite occupational license within 90 days of the
date of this public hearing; 2) The boat shall be operated only by a captain having the
appropriate US Coast Guard License whenever customers are on board; 3) The passenger
capacity of the vessel shall be limited to a maximum of 6 passengers; and 4) There shall be no
actual parasaiHng activities in Clearwater Pass. The motion was duly seconded and carried
unanimously.
C2. Morton Plant. Hosoital Association. Inc./Bettv Jones/Jovce Silver to permit
noncommercial parking at 710 N Myrtle Ave, R.H. Padgetts Sub, Blk 1, Lots 5 & 6 less St;
Blk 2, Lots 1 & 2; and part of proposed vacated Alden Ave, zoned RS 8 (Single Family
Residential.) CU 97-34
Mr. Doherty presented background information and written staff recommendations. The
applicant wishes to create an overflow parking lot for a proposed Family Residency Program
development to be located diagonally northeast of the site. He detailed zoning, parking and
right-of-way requirements. Staff supported the request, subject to five conditions I as it appears
to be compatible and should not negatively impact surrounding properties.
Emil C. Marquardt, Jr.. attorney representing the applicants, stated the hospital wishes to
develop an approximate 25.000 square foot family practice residency program in conjunction
with the University of South Florida School of Medicine. The hospital acquired the subject
parcel for use if overflow parking becomes necessary. He was not aware of any public
concerns regarding the request. Mr. Marquardt responded to a question regarding
Environmental Management's note that fencing is required for buffering adjacent to residential
property.
No verbal or written support was expressed. Three people spoke In opposition on behalf of
St. Matthews First United Baptist Church, citing the following concerns: 1) a parking lot will
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create traffic hazards for church patrons; 2) inconsistency of a parking lot with the 1 OO~year-old
church and its related structures; 3) noise may not be adequately buffered by a wall; 4) addition
of a stormwater retention facility will adversely affect drainage as the church is located in a flood
zone; 5) vacated Alden Avenue Is still in use to access the parsonage; and 6) the applicants
have not addressed this request to the community as a whole. The applicants were requested
to explain specifics of the residency program, what it will contribute to the community, the type
of buffering wall proposed and its impact.
Mr. Marquardt said he did not realize the request was going to be controversial when he
filed the application. He apologized on behalf of the hospital for not having discussed the
issues with the church and the community. He explained how the residency program is
designed to meet the health care needs of the community. He requested a continuance to
provide information to the public regarding the hospital's work with the City to provide a
beneficial program. He responded to questions regarding situation of the hospital's parcels in
relation to Alden Avenue and church properties.
One board member expressed concern regarding the compatibility of a parking lot near a
residential area. One member indicated attractive parking can be created that will not
negatively affect neighborhood traffic or aesthetics. One member suggested allowing the
church to use the overflow parking lot on weekends.
Member Kunnen moved to continue Item C2, CU 97-34 to the meeting of August 19, 1997,
The motion was duly seconded and carried unanimously.
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C3. P. & Kathy Panaaoulias. TRE (Rosaly's Mexican Restaurant & Brief Encounter) to permit
restaurants, nightclubs, taverns & bars occupying over 10% of the gross floor area of a
retail complex at 512'~530 Cleveland 5t, Gould & Ewing 1 st Addition, Blk 5, Lot 4, zoned
UC(C) [Urban Center (Core).] CU 97-36
Mr, Doherty presented background information and written staff recommendations, stating
the applicant wishes to redevelop the subject property with two new nightclubs. The applicant
is pursuing the nightclub category for a new Rosaly's Mexican Restaurant, to enable future
flexibility regarding percentage of food and alcohol sales, and unspecified entertainment. The
second establishment, to be called "Brief Encounter," is described as a Cheers type of nightclub
with a warehouse atmosphere. Mr. Doherty explained previous uses, and code requirements
for retail floor area, He noted exterior improvements are subject to approval by the City's
Design Review Board. Staff felt conditions support the request and recommended approval
with two standard conditions,
Steve Fowler, architect representing the applicant, concurred with staffs comments. He
explained the architectural changes proposed to the existing buildings.
One member expressed concern with a concentration of nightclubs and entertainment in
the downtown district, when more upscale restaurants are needed. Brief discussion ensued
regarding existing nightclub uses in the area and their effect on the downtown district. One
member pointed out the point of the downtown plan was to allow flexibility for developing
downtown, letting the market dictate what happens.
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Member Bickerstaffe moved to approve Item C3, CU 97-36, subject to the following
conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy
and occupational license within six months from the date of this public hearing; and 2) All
alcoholic beverage sales shall be limited to consumption on premises only, with no package
sales permitted. The motion was duly seconded and carried unanimously.
C4. ROJO Holdin{:ls Corp, (The Pools at Windward Passage) to permit a marina at 211-223
Windward Passage, Island Estates of Clearwater Unit 5, Blk 0, Lots 4-6 & waterway
adjacent S of Lots 4-7, zoned Proposed CPO (Commercial Planned Development.)
CU 97~37
Mr. Doherty presented background information and written staff recommendations, stating
the applicant wishes to construct a six-vessel marina to selVe a proposed 11-unit townhouse
development on the subject property. He detailed State and local requirements for use of
submerged lands in the vicinity. He noted the marina is subject to Federal, State and County
approvals. The City Harbormaster recommended moving the westernmost finger pier slightly
eastward to adequately accommodate a vessel on the west side of said pier. Staff
recommended approval with six conditions.
Assistant City Attorney Dougall-Sides responded to questions regarding ownership, access
and proposed usage of landward Lot 7 I and adjacent submerged Lot 7. While the City owns
Lot 7 and has received statutory authority to grant use of submerged Lot 7 to the applicants,
she stressed the importance of maintaining the City's riparian and navigation rights to land
Lot 7. Mr. Doherty said the current plan is before the board. The applicants have shown they
are not requesting approval to construct any kind of structure in front of City property.
Dick Geiger, representing the applicant, said he concurred with staff's recommendation.
Discussion ensued regarding the site plan, reconfiguration to improve navigation; the number
and size of boats in the marina; configuration of the lots; and the dock structure. The applicant
will work with staff to determine the exact, optimum placement of the westernmost pier.
No verbal or written support was expressed. One person spoke in opposition to the
request, citing concerns the proposal is confusing, and Island Estates does not need more
boats. He requested information regarding situation of the docked boats in relation to the
center line of the watelWay.
Board and staff discussion ensued regarding condition #6 regarding relocation of the
westernmost pier.
Member Nixon moved to approve Item C4, CU 97-37, subject to the following conditions:
1) The applicant shall obtain permits from the US Army Corps of Engineers, the State of Florida
Department of Environmental Protection and the Pinellas County Water and Navigation Control
Authority as a requisite to obtaining a City permit for the marina; 2) The applicant shall obtain
the requisite City building permit within one year from the date of this public hearing; 3) Use of
the marina shall be limited to noncommercial uses only, and no leasing of slips to persons other
than residents of the proposed townhouse development shall be permitted; 4) There shall be no
live-aboard vessels permitted at this facility and transient dockage at this marina shall not be
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permitted; 5) A fueling station is not authorized at this marina; and 6) The westernmost pier
shall be moved to the east subject to City Harbormaster approval. The motion was duly
seconded and carried unanimously.
O. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text
Amendment, and Local Planning Agency Review
01. Request for a Zoning Atlas amendment of the City of Clearwater for property located at
211-223 Windward Passage, Island Estates of Clearwater Unit 5, Blk D, Lots 4-6. (The
Pools at Windward Passage/ROJO Holdings Corp/Dolphin's Landing, Inc.) Z 97-07
ZONE: From CG (Commercial General) to CPD (Commercial Planned Development)
Mr. Doherty presented background information, stating the applicant is requesting rezoning
to construct 11 new townhouses. He related present and proposed zoning; permitted and
conditional use requirements; the land use plan classification; surrounding property uses; lot
size requirements; and reasons the applicant is pursuing a Commercial Planned Development.
Staff recommended endorsement of the proposal as it appears to be supported by the
Standards for Approval. Ms. Glatthorn added the applicants have been very cooperative with
staff.
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Dick Geiger, representing the applicants, said the high quality fee simple townhouses wilt
sell for about $350,000. Each unit is to be. approximately 3,000 square feet, all brick
construction, with slate tile roofs. He concurred with staffs recommendations, stating he has
met them all.
No verbal or written support or opposition was expressed.
Member Hilkert moved to endorse Item D1, Z 97-07 to the City Commission. The motion
was duly seconded and carried unanimously.
Board and Staff Comments
In response to a question from Mr. Mazur, discussion ensued regarding whether a quorum
will be present for the July 15 meeting. Board members agreed to contact staff with their plans,
and cancel the meeting of a quorum cannot be present. Staff will coordinate and notify
applicants If the meeting is canceled.
Member Bickerstaffe expressed concern with crowding high priced condominiums on
Dolphin Point, questioning if this is good planning for the future.
Member Bickerstaffe expressed concern with a letter of notification from the Municipal
Code Enforcement Board sent to a local restaurant owner. It was indicated, although
compliance was achieved, a fine was imposed for non-compliance. Mr. Bickerstaffe said such
a procedure is petty; the City should be working with business owners, not against them.
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Ms.' Dougall-Sides explained the code enforcement process, stating a formal procedure Is In
place for violators to request fine reduction. '
Member Hilkert praised code enforcement officers and the compliance process for the help
he' has received in encouraging tenants to bring his r~ntal property into compliance. He
. indicated staff and the process were helpful, friendly I and efficient.
Adjournment
The meeting adjourned at 3:50 p.m.
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Attest:
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