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PLANNING & ZONING BOARD MEETING - ACTION AGENDA
Tuesday, August 19, 1997
Call To Order, Invocation, Pledge Of Allegiance
Minutes Approval - June 3, 1997.Approved as amended; June 17, 1997-Approved as
corrected; July 1, 1997-Approved as submitted
B. Requests for Extension, Deferred and Continued Items
B1. (Time Extension) Robert E. Malke to permit (1l outdoor retail sales, displays, and/or
storage (rental car storage); and (2) business/professional offices which serve the
tourist (real estate office) at 348 & 348 % Coronado Dr., Lloyd White Skinner Sub,
Lots 118 & 119, zoned CR 28 (Resort Commercial), CU 97-06
ACTION: Approved a six month time extension to February 4, 1998
B2. (Cont, from 7/01/97) - Morton Plant Hospital Association, Inc./Bettv Jones/Jovce
SUver 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
ACTION: Continued to the meeting of September 16, 1997.
C. Conditional Uses
-~ C1. Estates, Inc. (Morcent Import Export, Inc.) to permit wholesaling/distribution at 1220
Rogers St., Hibiscus Gardens, elk R, Lot 25, zoned CG (General Commercial). CU 97-38
ACTION: Approved subject to the condition: 1) The applicant shall obtain the requisite
occupational license within six months from the date of this public hearing.
C2. Kavo Oil ComD/Conoco, Inc. la-Lube Marine Services) to permit vehicle service at
2990 Gulf to Bay Blvd., Sec 17-29-16, M&B 14,07, zoned CG (General Commercial).
CU 97-39
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite building permit and certificate of occupancy within six months from the date
of this public hearing; 2} Vehicle service shall be limited to lubrication, fluid and filter
replacements and minor service operations; 3) There shall be no outdoor storage or service,
and no inoperable vehicles shall be stored on the site for more than 24 hours; 4) There shall
be no display of boats or other vehicles for sale; 5) Prior to the issuance of a building
permit, the applicant shall provide to the Environmental Group a copy of a Contamination
Assessment report; 6) Applicant shall apply to annex the unincorporated enclave into the
city; 7) Mobile services shall be limited to oil, gear lubrication, fluid, filter changes, and
other minor service operations; 8) Property shall be redeveloped in accordance with all
plans, elevation drawings and other documentation submitted with the application, except
as such documents may be modified hereinafter by staff, after their review, or this
approval shall be rendered as' null and of no effect; 9) Two additional parking spaces shall
be provided; 10) Shrubbery required for perimeter landscaping for the site shall have a
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minimum height of 24 inches at the time of installation and the applicant shall provide a
continuous hedge of the same height along the southeast face of the building: and 11) All
site lighting shall ,be directed away from adjoining properties and street rightswof-way.
C3. The CeDcot CorD./PorDolse Pool & Patio. lnc./Clearwater DeDot. Inc. (Pinch A Penny) to
permit outdoor retail sales, display, and/or storage at 651 Court St., Court Square, Blk
13, Lots 7-9 and part of Lot 6, and Magnolia Park, Blk 13, Lots 10 & 11 and part of
Lot 12. and vacated alley, zoned UC[C] 2 (Urban Center core), CU 97-40
ACTION: Approved subject to the following conditions: 1) The outdoor sales, display
and storage areas shall be limited to the areas designated on the attached plan.
C4. Pinellas County to permit noncommercial parking at 650 & 643 Turner St., Magnolia Park,
Blk 19, Lots 6 & 7, and Blk 20, Lots 4-8, zoned CG (General Commerciall, CU 97-41
ACTION: Approved subject to the ,following conditions: 1) All site lighting shall be
directed away from adjoining properties and street rights-of-way: 2) A building permit shall
be obtained within one year of the date of this public hearing: 3) Perimeter landscape
buffering of at least the minimum required in Section 42.27 shall be provided; and 4) The
applicant shall work with the City Engineering Department to provide adequate stormwater
drainage,
C5. Clearwater Bav Marina, Inc. to permit marina facilities at 900 N. Osceola Ave., Gorra's
Sub, Blk 2, Lots 2 & 3 and part Lot 1, Sue Barco Sub, Lots 1, 13, 14, 23, and part of
Lot 22 & vacated street and unplatted land to the west and riparian rights, and Blish's
Sub, Lots 1-3, 8-10, zoned CR 24 (Resort Commercial), CN (Neighborhood
Commercial) and P(Preservation). CU 97-42
ACTION: Approved subject to the following conditions: 1) The applicant shall amend
the certified site plan prior to issuance of the required building permits: 2) The applicant
shall obtain the requisite building pflrmits for both dry storage buildings and parking lot
remodel within one year of this public hearing; 3) The applicant shall obtain the requisite
certificates of occupancy for both dry storage buildings within three years of this public
hearing: 41 The. applicant shall obtain the requisite occupational license within 30 days from
the date of the certificate of occupancy for the first dry storage building completed: 5) No
customers shall be permitted park their vehicles in the Seminole Launching Ramp facility
located at the south end of the subject property; 6) Total capacity for the "Dry Storage"
buildings "0" and "E" shall not exceed 90 boats: 7) The existing chain link fence located
adjacent to Osceola Avenue shall be replaced with a new, non-opaque fence, If a variance
to the fence height for replacement of the fence is denied, the applicant may instead
provide landscaping (shrubbery) on the outside of the fence with the height of the
landscaping not to exceed 24 inches in height; 8) All new site lighting for this property
shall be directed downward and away from adjoining residential properties and street
rights-of-way prior to issuance of the final certificate of occupancy for either building:
9) Hours of operation shall be limited to 8:00 a.m, to 6:00 p.m. Monday through Friday and
7:00 a,m, to 7:00 p.m. Saturday and Sunday; 10) No engine overhauls or sand blasting
shall occur anywhere on the property including, but not limited to the existing three story
building west of the new dry storage area: 11) All engine flushing shall be done under
water; 12) T~e existing work currently occurring in the three story building west of the
new dry storage area shall be allowed, except for sand blasting, from 8:00 a.m. to 5:00
p,m. Monday through Friday and shall not take place on Saturday or Sunday,
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CG. Clearwater Bav Marina, Inc. to permit package sales for beer (change of business
ownership) at 190. Seminole St., Gorra's Sub, Blk 2, Lots 2 & 3 and part of Lot 1, Sue
Barco Sub, Lots 1, 13, 14, 23, and part of Lot 22 & vacated street and unplatted land
to the west and riparian rights, and Blish's Sub, Lots 1-3, 8-10, zoned CR 24 (Resort
Commercial), CN (Neighborhood Commercial), & P (Preservation). CU 97-43
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite occupational license within 90 days from the date of this public hearing;
2) The applicant shall obtain a transfer of ownership of the alcoholic beverage license
within, 60 days of this public hearing; and 3) The hours of operation for alcoholic beverage
sales shall be limited to 8:00 a.m, to 9:00 p,m, Monday through Saturday and 1 :00 to
9:00 p.m, on Sundays.
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C7. Eckerd CorD.! The Southland Corp, (7-11 Store) to permit package sales of beer and
wine (new license) at 2789 S.R, 580, Acker's Sub, Blk 2, Lots 9, 14 & 15, and part of
Lots 10 & 13, zoned CG (General Commercial). CU 97-44 .
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
a certified site plan for this development within six months of the date of this public
hearing, and shall obtain the requisite building permits within one year of this public
hearing; 2) The applicant shall obtain the requisite certificate of occupancy, occupational
license and State of Florida alcoholic beverage license within three years of the date of this
public hearing; and 3) The sale of alcoholic beverages shall be limited to the hours at 8:00
a,m, until 12:00 midnight, Monday through Saturday, and 1 :00 p.m. until 12:00 midnight
on Sundays.
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(.'J:? C8. Richard R. Dimmitt (Dimmitt Cadillac) to permit vehicle service at 25191 U.S. 19,
Chautauqua-Sec. A, Unit 1, 8lk 14, Lots 16 & 17, and Sec 32-28-16, M&B 32.08 & 32.10
and vacated street, zoned CH (Highway Commercial) & P (Preservation), CU 97-45
ACTION: Approved subject to the condition: 1) The applicant shall obtain the
requisite building permit within six months from the date of this public hearing,
.,.
C9. Robert & Crescensa Whitney (Ocean City Motors) to permit vehicle sales at 1618 N,
Ft, Harrison Ave., Bay View Heights, Blk 4, Lot 1 and part of Lot 2, zoned CI (lntill
Commercial). CU 97-46
ACTION: Withdrawn by the applicant,
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C10.Alexander Oeruech/Marv Deruech, TRE/Mandalav Trust (Captain's Pizza) to permit
restaurant occupying' more than 10% of gross floor area of a retail complex at
458.468 Mandalay Ave.. Clearwater Beach Park, Lots 72-77, zoned CB (Beach
Commercial). CU 97-47
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; 2) All
signs nonconforming to the requirements of the city's sign code shall be brought into
compliance; and 3) The requisite certificate of occupancy shall be obtained within one year
of the date of this public hearing,
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D. Annexation, Zoning, land Use Plan Amendment, land" Development Code Text
Amendment, and local Planning Agency Review
01. 18350 U.S. 19 North, (1) See 19-29-16, M&8 44.12 and part of M&8 44,11: and (2)
Hampshire Acres, 8lk A, Lots 1 2 & 13 (Gerry Staring, TRE/Rite-On land Trust,
Progressive Development Group, Inc.) A 97-08
ZONE: (1) CH (Highway Commercial) and (2) RS 4 (Single Family Residential)
ACTION: Continued at the applicants' request to the September 16, 1997 meeting.
02. 2096 Gentrv Street, Pinellas Groves NE %, part of Lots 5 7 12 (Gregory R, & Peggy A,
Zukowski) A 97-09
ZONE: IL lLimited Industrial)
ACTION: Endorsed to the City Commission.
03. 1941 Edaewater Drive, Sunnydale Sub, Lots 39-41, (Raman 8hula) Z 97-06; lUP 97-06
LUP: From Residential Urban ILot 39) and Resort Facilities High to Resort Facilities High
ZONE: From "RS 8 (Lot 39) (Single Family Residential) and CR 24 (Resort Commercial) to
CPO (Commercial Planned Development)
ACTION: Endorsed to the City Commission.
04. 2950 Drew Street. Sec. 8~29-16, M&B 44,01, ICity of Clearwater) Z 97-08; LUP 97-07
LUP: From Residential Medium to Recreation/Open Space
ZONE: From RM 1 6 (Multi Family
ACTION: Endorsed to the City Commission.
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Board and Staff Comments - Discussion
Adjournment - 6:45 p,m,
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Absent:
Brenda Harris Nixon
Robert 0, Bickerstaffe
Frank Kunnen
Douglas Hilkert
Gerald Figurski
Gene Crossley
Leslie Dougall-Sides
Sandy Glatthorn
Steve Doherty
Gwen Legters
Edward Mazur
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Assistant City Attorney
Planning Manager
Zoning Section Supervisor
Board Reporter
Chair
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
August 19, 1997
Present:
The meeting was called to order at 2:00 p.m. in City Hall, followed by the invocation,
meeting procedures and the appeal process.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
~4m.JA Minutes Approval - June 3, June 17, and July 1, 1997
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Member Nixon requested the following amendment to the June 3 minutes, fifth
paragraph, page 3: .. ...speculation of a future problom use...", The minutes were
unanimously approved as amended.
Member Nixon corrected the June 17 minutes to indicate she was present for the
meeting, The minutes were unanimously approved as corrected,
The July 1 minutes were unanimously approved as submitted.
B. Requests for Extension, Deferred and Continued Items
81. (Time Extension) Robert E. Malke to permit (1) outdoor retail sales, displays, and/or
storage (rental car storage): and (2) business/professional offices which serve the
tourist (real estate office) at 348 & 348 Y:t Coronado Dr" Lloyd White Skinner Sub,
Lots 118 & 119, zoned CR 28 (Resort Commercia!). CU 97-06
The applicant requested a time extension due to the original tenant declining his lease.
No verbal or written support or opposition was expressed,
Member Kunnen moved to approve a six month time extension to February 4, 1998,
The motion was duly seconded and carried unanimously.
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82. (Cont. from 7/01/97) - Morton Plant HosDital Association, Inc./Bettv Jones/Joyce 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; an~ part of proposed vacated Alden Ave" zoned RS 8 (Single
Family Residential). CU 97-34
In a letter dated August 19, 1997, the applicants' representative requested a continuance
to September 16 to continue working with representatives of St. Matthew's church. No verbal
or written support or opposition was expressed.
Member Figurski moved to continue Item B2, CU 97-34 to the meeting of September 16,
1997. The motion was duly seconded and carried unanimously.
C. Conditional Uses
C1. Estates, Inc. (Morcent Import Export, Inc,) to permit wholesaling/distribution at 1220
Rogers 5t" Hibiscus Gardens, Blk R, lot 25, zoned CG (General Commercial). CU 97-38
Ms. Glatthorn presented background information and written staff recommendations,
stating the applicant wishes to use the location as a distribution center for their import/export
business, assembling, labeling and packing their product on the premises. She detailed open
space and parking requirements, stating staff recommends working with the City traffic
engineer to replace one parking space with landscaping to improve open space conditions. The
request appears to comply with the standards for approval, and staff recommended approval
with two conditions. She responded to questions regarding the parking requirement for the
site,
(;:) Timothy William Finneran, the business representative, detailed extensive site
improvements to date. They had not been advised of an open space insufficiency and were not
prepared to address it. He expressed concerns, with nearly 5,000 square feet of building
space, three owners, one employee, and plans to hire more people, removal of one of the five
existing parking spaces would be a disadvantage, They continue working to beautify the
exterior and requested the site be allowed to remain as it is.
No verbal or written support or opposition was expressed.
Discussion ensued regarding site landscaping and parking. Board members concurred it
would be better to allow all five parking spaces to remain. Staff was requested to work with
the applicants to create other opportunities for landscaping,
Member Figurski moved to approve Item Cl, CU 97-34, subject to the condition: 1) The
applicant shall obtain the requisite occupational license within six months from the date of this
public hearing, The motion was duly seconded and carried unanimously.
C2. Kavo on Como/Conoco, Inc. IQ-Lube Marine Services) to permit vehicle service at 2990
Gulf to Bay Blvd., See 17-29-16, M&B 14,07, zoned CG (General Commercial). CU 97-39
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Mr. Doherty presented background information and written staff recommendations, stating
the applicant proposes to construct a drive-through vehicle service operation primarily to
provide lubrication services to boats, boat trailers, and other vehicles on the former gas station
site. Staff felt the request appears to comply with the standards of approval, and
recommended approval with twelve conditions.
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Discussion ensued regarding staff's recommended conditions. One member requested
addition of the site lighting condition, One member expressed concern with a condition
requiring site development in accordance with the submitted plans, Discussion ensued regarding
code requirements related to site plan review. Ms. Glatthorn clarified the applicant offered to
provide more landscaping than code requires to mitigate the effects of the building on the site.
Staff felt the plan was good and recommended a condition to ensure the applicant follows
through. Any substantial changes to the plan would have to come before the board, at staff's
discretion. Discussion ensued regarding ownership of the adjacent property the applicant
wishes to purchase and have annexed,
Ben Rowell, Q-Lube General Manager, presented a proposal only slightly different from the
one that came before the board in April. Because boating is so important to recreation in this
area, and the marine industry historically has not been able to meet the service needs of
consumers, Q~Lube created a new concept. They propose to create a drive-through preventive
maintenance service, similar to automobile fast lubrication businesses. In addition to the
drive-through operation, a mobile unit is proposed for the convenience of the boating public that
prefers on-location service at their boat yard or dock, The business will be a showplace and
200 franchisees are expected to arrive and observe how it functions. He explained how the
program is designed to meet environmental requirements.
In response to questions, Mr. Rowell said the two mobile units will be stored inside the
drive-through bays at night. He said the applicants have gone further than required to be good
citizens, Some of staff's recommended conditions are beyond what he put on the table, but he
will comply. Discussion ensued regarding scope of service. Consensus was to clarify that
minor repair operations will be allowed as part of the preventive maintenance service.
No verbal or written support or opposition was expressed. Jack Alvord feared the proposal
will disturb existing underground contamination that could pollute his water well in the adjacent
old Bayview neighborhood. Investigation of a traffic signal was requested as site access would
be dangerous to negotiate with a boat on a trailer. Orville Tucker, adjacent property owner at
2970 Gulf-To-Bay Boulevard, questioned what is being proposed and stressed that landscaping
and signage should contribute positively to beautification efforts underway along the entry
corridor.
Richard Harris, with Florida Design Consultants responded to the contamination concern,
stating DEP (Department of Environmental Protection) has been furnished an assessment report
and has no problems with the proposal. Continued monitoring is required to ensure the existing
plume of contamination stays in place. Mr. Rowell responded many hours of study have gone
into the traffic situation. It has been determined the spacing and timing of the existing traffic
signals allows several seconds of free access to the site. Discussion ensued regarding safe
traffic flow and site access.
Board discussion ensued regarding language for a motion, recommended and additional
conditions of approval, and amendments to those conditions. Lengthy discussion ensued
regarding history and importance of the site lighting condition. Ms. Dougall~Sides pointed out
one general standard of conditional use approval is that direction and glare of lights from
vehicles and site fixtures shall not adversely affect the use, enjoyment, and value of
surrounding properties. Consensus was to include the language reflected in condition #11,
below.
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Member Figurski moved to approve Item C2, CU 97-39, subject to the following
conditions: 1) The applicant shall obtain the requisite building permit and certificate of
occupancy within six months from the date of this public hearing; 2) Vehicle service shall be
limited to lubrication, fluid and filter replacements and minor service operations; 3) There shall
be no outdoor storage or service, and no inoperable vehicles shall be stored on the site for more
than 24 hours; 4) There shall be no display of boats or other vehicles for sale; 5) Prior to the
issuance of a building permit, the applicant shall provide to the Environmental Group a copy of a
Contamination Assessment report; 6) Applicant shall apply to annex the unincorporated enclave
into the city; 7) Mobile services shall be limited to oil, gear lubrication, fluid, filter changes, and
other minor service operations; 8) Property shall be redeveloped in accordance with all plans,
elevation drawings and other documentation submitted with the application, except as such
documents may be modified hereinafter by staff, after their review, or this approval shall be
,rendered as null and of no effect; 9) Two additional parking spaces shall be provided;
10) Shrubbery required for perimeter landscaping for the site shall have a minimum height of 24
inches at time of installation and the applicant shall provide a continuous hedge of the same
height along the southeast face of the building; and 11) All site lighting shall be directed away
from adjoining properties and street rights-of-way. The motion was duly seconded and carried
unanimously.
C3. The Ceocot Com./Pornoise Pool & Patio, Inc./Clearwater Depot, Inc. (Pinch A Penny) to
permit outdoor retail sales, display, and/or storage at 651 Court St., Court Square, Blk 13,
Lots 7-9 and part of lot 6, and Magnolia Park, Blk 13, lots 10 & 11 and part of lot 1 2,
and vacated alley, zoned UCrC] 2 (Urban Center core). CU 97-40
.o'itI\\ Mr, .Doherty presented background information and written staff recommendations, stating
t"C!'t'4 the applicant wishes to display retail merchandise to the east of the new store, south of the
public sidewalk. An area south of the store proposed for outdoor storage is enclosed by a wall,
out of public view No adverse impacts will result. The 700 square foot outdoor display will
attract attention to the new business. Due to the location in proximity to the Pinellas Trail, staff
recommends a landscaping buffer alongside the Trail, south of the former train station to
enhance Trail aesthetics and improve downtown ambiance. Staff felt the request appears to
comply with the standards of approval, and recommended approval with two conditions.
Discussion ensued regarding parking and landscaping requirements for the various parcels
tied together with a Unity of Title.
u
Karen McLead, certified legal assistant representing the applicant, stated the outdoor
display is designed to increase sales of barbecue grills, patio furniture and inflatables. The
outdoor storage area will contain a 3,000 gallon liquid chlorine storage tank, She concurred a
landscaping buffer is reasonable, but proposed a two foot wide buffer three feet in height,
instead of the five foot wide buffer recommended by staff. It is the applicant's wish not to
block public use of the park~like setting of the storage area.
No verbal or written support or opposition was expressed.
Discussion ensued regarding reasons and recommended buffer size. Ms. Dougall~Sides
noted City environmental staff have recommended four to five foot wide buffers because a two
foot wide landscaping strip is too narrow to provide for adequate growth. Discussion ensued
regarding potential view of the site from various angles, Mr. Doherty clarified staff's
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recommendation for landscaping is not to screen view of the tank, but is an aesthetic
consideration along the Trail. Three feet is the minimum width environmental staff finds
sustainable. While the total lack of site landscaping was noted, the majority did not support
requiring landscaping not required by code.
Member Figurski moved to approve Item C3, CU 97-40 subject to the following conditions:
1) The outdoor sales, display and storage areas shall be limited to the areas designated on the
attached plan, The motion was duly seconded and carried unanimously.
C4. Pinellas County to permit noncommercial parking at 650 & 643 Turner 5t" Magnolia Park,
Blk 19, Lots 6 & 7, and Blk 20, Lots 4-8, zoned CG IGeneral Commercial). CU 97-41
Mr. Doherty presented background information and written staff recommendations, stating
the applicant wishes to create two noncommercial parking lots; one improved south of Turner
Street to support the Pine lias Trail, the second unimproved north of Turner Street for use by
Pinellas County General Services, Some dimensional and landscaping requirements have not
been met. Mr. Doherty reviewed landscaping, DRC (Development Review Committee) site plan
review, Unity of Title, and drainage considerations. Staff felt the request appears to comply
with standards of approval, and recommended approval with three conditions, One member
requested future staff reports include parenthetical section references regarding the
supplementary standards for approval.
John Hauck, with Pinellas County General Services stated this welcome property
acquisition will provide much needed parking for General Services and the Trail spur. He has
met and will continue working with City staff to meet the standards for approval. Many of the
items listed in the staff report are already in the process of being incorporated into the plans for
this attractive addition to the City.
No verbal or written support or opposition was expressed. Larry Matlock, the adjacent
property owner to the west, questioned the wisdom of building parking lots on both sides of the
Trail, taking the property off the tax rolls, He expressed concerns rainwater from the entire
hillside drains across his property, shrubbery on the west side of the proposal has not been
addressed, the potential for undesirable night time uses of the proposed lots, parking and
access across his property, and the need for site lighting if the lots are closed after dark.
Mr. Hauck said he would be pleased to address the concerns regarding site lighting and
property access. Drainage is already being addressed through the County Public Works
Department, He will continue to work to ensure Mr, Matlock's property is not adversely
affected,
Discussion ensued regarding site lighting and the landscaping plan. While board members
praised the plan, staff noted the proposal: 1) doe not meet minimum landscaping requirements
along unimproved Pine street on the south side of the southerly parking lot, and 2) does not
meet front yard open space requirements along Turner Street. The applicants will work with
staff to meet the requirements. In response to questions, it was indicated the board may
choose to impose conditions of approval to highlight code requirements and ensure they are
met.
mpz0897
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Member Figurski moved to approve Item C4, CU 97-41 subject to the following conditions:
1) All site lighting shall be directed away from adjoining properties and street rights-of-way.
Lighting adjoining residential properties shall be equipped with 900 cutoff features to eliminate
light trespass into adjoining residential properties; 2) A building permit shall be obtained within
one year of the date of this public hearing; 3) Perimeter landscape buffering of at least the
minimum required in Section 42.27 shall be provided; and 4) The applicant shall work with the
City Engineering Department to provide adequate stormwater drainage. The motion was duly
seconded and carried unanimously.
The meeting recessed from 4: 15 to 4:20 p,m.
C5. Clearwater Bav Marina, Inc. to permit marina facilities at 900 N, Osceola Ave., Gorra's
Sub, Blk 2, Lots 2 & 3 and part Lot 1, Sue Barco Sub, Lots 1, 13, 14, 23, and part of Lot
22 & vacated street and unplatted land to the west and riparian rights, and Blish's Sub,
Lots 1-3, 8-10, zoned CR 24 (Resort Commercial), CN (Neighborhood Commercial) and
P(Preservation). CU 97-42
Mr. Doherty presented background information and written staff recommendations, stating
the applicant wishes to add two dry storage buildings to house 90 boats, and a 400 square foot
incidental storage building. Three buildings will be removed and 24 parking spaces added. He
detailed parking requirements, building height limitations, outdoor vehicle service, and storage
use requirements. Staff recommended a condition to replace deteriorated chain-link fencing
along Osceola Avenue, It was indicated a fence height variance is required to build a fence
greater than 30 inches in the front yard setback area. Staff felt the request appears to comply
with the standards of approval, and recommended approval with ten conditions, In response to
a question regarding why a variance is needed, Mr, Doherty explained code requirements for
replacing nonconforming structures in excess of 50 percent of their replacement value. Staff
would recommend a landscaping buffer in lieu of variance approval.
Ed Armstrong, attorney representing the applicant, related history of the existing operation,
impacts on surrounding properties, site plan details, and reasons the proposal will decrease the
impact of the operation, Referring to a pamphlet depicting an aerial view of the marina, Mr.
Armstrong pointed out where sand blasting, boat stripping, cleaning, painting and other intense
uses currently occur, where open air boat cradles will be removed, and location of the new
buildings. Environmental Management review of the application indicated the proposal will be
an improvement over the current activities. The property owners have agreed to meet the
recommended conditions of approval,
Mr, Armstrong responded to questions stating the new structures will not exceed 30 feet
in height. Open air service activities are being moved to enclosed areas. He explained the
existing grandfathered nonconforming uses will continue, but their area will be significantly
reduced. Mr. Doherty responded to questions about parking at the Seminole Street boat ramp.
Mr. Armstrong said parking would not be a problem, as the applicant has surplus parking
available on the subject property. Storm water retention will be provided on site,
Discussion ensued regarding property ownership. Ms, Dougall-Sides concurred with staff's
position the existing nonconforming use can be modified piecemeal because the nonconforming
use is not being eliminated, but reduced. She noted a nonconforming use may be replaced by
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another, less intensive conditional use, upon Planning and Zoning Board approval, Discussion
ensued regarding location of uses and extent of expansion. Mr. Armstrong said no significant
contamination is present.
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No verbal or written support was expressed. A letter with seven signatures authorized Vicki
Morgan, an adjacent property owner, to speak on behalf of the Old Clearwater Bay Neighborhood
Association. She said she and her neighbors have strong concems, but did not receive sufficient
notice of today's public hearing to adequately prepare remarks. She expressed the following
concerns: 1) a partner in the law finn that fonnerly represented the neighborhood is now
representing the applicant; 2) the proposed activities inside a metal building will violate the noise
ordinance; 3) boat washing and flushing are not appropriate within the stated hours of operation;
4) the proposal blocks her view of the water and bridge to the south, 5) the proposal sets a
precedent, and 6) changes to site lighting. She asked for a continuance to allow time to secure
counsel, have her concems addressed, and pursue due process. She pointed out the location of
her property adjacent the subject property. Discussion ensued regarding the timing of mailing public
hearing notices. Ms. Dougall-Sides pointed out the notification given was legally adequate.
Mr. Annstrong stated the applicants are willing to modify their proposed hours of operation and
work with Ms. Morgan toward an acceptable solution to her concerns. Board members discussed
whether or not sufficient cause existed to continue the application. Mr. Annstrong requested
delaying a decision regarding this item until later in the agenda to allow him time to confer with Ms.
Morgan. Ms. Morgan concurred, stating with more notice, concerns regarding this item could have
been settled before it came before the board. The conclusion of this item was heard after Item C10.
below.
f~~;) When Item C5 resumed, Mr. Annstrong indicated the applicant has agreed to changes in the
proposal to address Ms. Morgan's concerns. Ms. Morgan indicated she was satisfied. Said
changes are reflected in the conditions of approval, below.
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Member Figurski moved to approve Item C5, CU 97-42 subject to the following conditions:
1) The applicant shall amend the certified site plan prior to issuance of the required building
permits; 2) The applicant shall obtain the requisite building permits for both dry storage
buildings and parking lot remodel within one year of this public hearing; 3) The applicant shall
obtain the requisite certificates of occupancy for both dry storage buildings within three years
of this public hearing; 4) The applicant shall obtain the requisite occupational license within 30
days from the date of the certificate of occupancy for the first dry storage building completed;
5) No customers shall be permitted park their vehicles in the Seminole Launching Ramp facility
located at the south end of the subject property; 6) Total capacity for the "Dry Storage"
buildings "0" and "E" shall not exceed 90 boats; 71 The existing chain link fence located
adjacent to Osceola shall be replaced with a new, non-opaque fence; 8) All new site lighting for
this property shall be directed downward and away from adjoining residential properties and
street rights-of-way prior to issuance of the final certificate of occupancy for either building;
9) Hours of operation shall be limited to 8:00 a.m, to 6:00 p.m. Monday through Friday and
7:00 a.m. to 7:00 p,m. Saturday and Sunday; 10) No engine overhauls or sand blasting shall
occur on the property including, but not limited to the existing three story building west of the
new dry storage area; 11) All engine flushing shall be done under water; 12) The existing work
currently occurring in the three story building west of the new dry storage area shall be allowed,
except for sand blasting, from 8:00 a,m. to 5:00 p,m. Monday through Friday and shall not
o take place on Saturday or Sunday. The motion was duly seconded and carried unanimously,
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CG. Clearwater Bay Marina, Inc, to permit package sales for beer (change of business
ownership) at 190 Seminole St., Gorra's Sub, Blk 2, Lots 2 & 3 and part of Lot 1, Sue
Barco Sub, Lots 1, 13, 14, 23, and part of Lot 22 & vacated street and unplatted land
to the west and riparian rights, and Blish's Sub, Lots 1-3,' 8-10, zoned CR 24 (Resort
Commercial), eN (Neighborhood Commercial), & P (Preservation), CU 97-43
Mr. Doherty presented background information and written staff recommendations,
stating this request for a change of ownership will allow continuation of a package beer
sales establishment built in 1959, according to the application, Mr, Doherty detailed
distance from an adjacent school zone, and hours of operation requirements. Staff felt the
request appears to comply with the standards of approval, and recommended approval with
three conditions.
Ed Armstrong, attorney representing the applicant, requested clarification of staff's
recommended condition, separating hours of beer sales from boat house hours of
operation. The board concurred.
No verbal or written support or opposition was expressed.
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Member Kunnen moved to approve Item C6, CU 97~43, subject to the following
conditions: 1) The applicant shall obtain the requisite occupational license within 90 days
from the date of this public hearing; 2) The applicant shall obtain a transfer of ownership of
the alcoholic beverage license within 60 days of this public hearing; and 3) The hours of
operation for alcoholic beverage sales shall be limited to 8:00 a.m. to 9:00 p.m. Monday
through Saturday and 1 :00 to 9:00 p.m. on Sundays. The mqtion was duly seconded and
carried unanimously,
C7. Eckard Corp.1 The Southland COrD. (7-11 Store) to permit package sales of beer and
wine (new license) at 27ag S.R. 580, Acker's Sub, Blk 2, Lots 9, 14 & 15, and part of
Lots 10 & 13, zoned CG (General Commercial). CU 97-44
Mr. Doherty presented background information and written staff recommendations.
Staff felt the request appears to comply with the standards of approval, and recommended
approval with three conditions.
Ed Armstrong, attorney representing the applicant, concurred with staff conditions,
No verbal or written support or opposition was expressed.
Member Kunnen moved to approve Item C7, CU 97-44, subject to the following
conditions: 1) The applicant shall obtain a certified site plan for this development within
six months of the date of this public hearing, and shall obtain the requisite building permits
within one year of this public hearing; 2) The applicant shall obtain the requisite certificate
of occupancy, occupational license and State of Florida alcoholic beverage license within
three years of the date of this public hearing; and 3) The sale of alcoholic beverages shall
be limited to the hours of 8:00 a.m. until 12:00 midnight, Monday through Saturday, and
1 :00 p.m. until 12:00 midnight on Sundays. The motion was duly seconded and carried
unanimously.
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ca. Richard R. Dimmitt (Dimmitt Cadillac) to permit vehicle service at 25191 U,S. 19,
Chautauqua~Sec. A, Unit 1, Blk 14, Lots 16 & 17, and See 32~28~ 16, M&B 32,08 & 32,10
and vacated street, zoned CH (Highway Commercial) & P (Preservation). CU 97-45
. Mr, Doherty presented background information and written staff recommendations. Staff
felt the request appears to comply with the standards of approval, and recommended approval
with one condition.
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John Prahl, contractor representing the applicant, briefly outlined the proposal for a new
detail shop on the north side of the existing auto body shop.
No verbal or written support or opposition was expressed.
Member Kunnen moved to approve Item C8, CU 97~45, subject to the condition: 1) The
applicant shall obtain the requisite building permit within six months from the date of this public
h9aring, The motion was duly seconded and carried unanimously.
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eg. Robert & Crescensa Whitney (Ocean City Motors) to permit vehicle sales at 1618 N. Ft.
Harrison Ave" Bay View Heights, Blk 4, Lot 1 and part of Lot 2, zoned CI (lnfill
Commercial), CU 97-46
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Mr. Doherty stated the property owner called requesting withdrawal of this item. Four
letters were submitted on opposition to the application. He referred to a letter from attorney
Mark Schleben's office requesting his objections be entered for the record. The board
acknowledged the withdrawal.
(:, C10.Alexander Deruech/Marv Deruech, TRE/MBndalav Trust (Captain's Pizza) to permit
restaurant occupying more than 10% of gross floor area of a retail complex at
458-468 Mandalay Ave., Clearwater Beach Park, Lots 72-77, zoned CB (Beach
Commercial). CU 97-47
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felt the request appears to comply with the standards of approval, and recommended approval
with three conditions.
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Steve Fowler, representing the applicant, briefly outlined the proposal to expand a pizza
restaurant into a adjacent vacant retail space. Only seating, no cooking will be done in the area
of the former jewelry store. The expansion will increase seating from 40 to 67 seats, He
concurred with staff conditions.
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No verbal or written support or opposition was expressed.
Member Figurski moved to approve Item C10, CU 97.47, subject to the following
conditions: 1) The applicant shall obtain the requisite building permit within six months from
the date of this public hearing; 2) All signs nonconforming to the requirements of the city's sign
code shall be brought into compliance; and 3) The requisite certificate of occupancy shall be
obtained within one year of the date of this public hearing. The motion was duly seconded and
canied unanimously.
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D. Annexation, Zoning, land Use Plan Amendment, land Development Code Text
Amendment, and local Pfanning Agency Review
01. 18350 U.S. 19 North, (1) See 19-29-16, M&B 44.12 and part of M&B 44.11; and (2)
Hampshire Acres, Blk A, Lots 12 & 13 (Gerry Staring, TRE/Rite-On land Trust, Progressive
Development Group, Inc.) A 97-08
ZONE: (1) CH (Highway Commercial) and (21 RS 4 (Single Family Residential)
Ms, Glatthorn said staff has received a request to continue this item, Brief discussion
ensued regarding the request to annex into the City of Clearwater to obtain Largo sewer
service, because the property is in the Clearwater service district,
Two citizens complained they were not given proper notice of the hearing, Concerns were
expressed the applicant is trying to change the character of the residential property, The
speakers opposed any annexation of residential properties in the neighborhood. Ms, Glatthorn
briefly addressed site access concerns, Discussion ensued regarding annexation requirements.
The citizens were advised to address their concerns to the City Commission.
Member Figurski moved to continue Item 01, A 97-08, to the meeting of
September 16, 1997. The motion was duly seconded and carried unanimously,
, 02. 2096 Gentrv Stl'eet, Pinellas Groves NE ~, part of Lots 5 7 12 (Gregory R. & Peggy A,
Zukowskit A 97-09
ZONE: IL (Limited Industrial)
Ms. Glatthorn presented background information and written staff recommendations,
stating the applicant is requesting annexation for City assistance with planned soil and
groundwater analysis and remediation. Staff felt the request appears to comply with the
standards of approval, and recommended endorsement with six conditions recommended by
the City Engineering Department.
Robert W. Wilson, representing the applicants, concurred with staff's recommendations.
No verbal or written support or opposition was expressed.
Member Kunnen moved to endorse Item 02, A 97-09 to the City Commission. The motion
was duly seconded and carried unanimously.
03. 1941 Edc:1ewater Drive, Sunnydale Sub, Lots 39-41. (Raman Bhula) Z 97-06; lUP 97-06
LUP: From Residential Urban (Lot 39) and Resort Facilities High to Resort Facilities High
ZONE: From RS 8 (Lot 39) (Single Family Residential) and CR 24 (Resort Commercial) to
CPO (Commercial Planned Development)
Mr. Doherty presented background information and written staff recommendations; stating
the applicant wishes to raze a 20-unit hotel site and redevelop as a hotel with more units, He
detailed land use plan, zoning, density, and requirements for a CPO {Commercial Planned
Development,} Staff felt the request appears to comply with the standards of approval, and
recommended endorsement with six conditions. Brief discussion ensued regarding use of the
CPO as a redevelopment tool.
mpz0897
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08/19/97
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,.,.... Steve Swanberg, architect representing the applicants, stating the City recommended a
. J CPO to protect the adjacent property owners. Rezoning allows pursuit of national hotel
chains that have minimum unit standards, The proposal will improve the neighborhood and
community, The conceptual plan has been reviewed and approved by staff.
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No verbal or written support was expressed, William Gray had not seen the plan, but
opposed increased density and zoning changes. He questioned setback from the street, stating
he did not want hotel guests looking down into his pool area. He questioned site plan details.
John Miller, an adjacent motel owner, was neutral regarding the item, but questioned the zoning
designation and location of the boundary line.
Mr. Swanberg gave an overview of the project development, pointing out details of the site
built in the 1950's. Major improvements will be seen in maintenance and upkeep. The hotel will
be three story, with parking below, a maximum six foot high wall to buffer the adjacent
residential property, with a landscaping buffer around the perimeter. He displayed photographs
of the existing site details, explaining how the site reconfiguration will create a park-like setting
that is better for the community. Landscaping will meet code requirements.
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Discussion ensued regarding land use, density, and spot zoning. Mr. Swanberg said the
applicant had intended to pursue CR 28 zoning, asking other motels to join. The City indicated
they have more control with a CPO.
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Member Bickerstaffe moved to endorse Item 03, Z 97-06, LUP 97-06 to the City
Commission. The motion was duly seconded and carried unanimously.
(::) 04. 2950 Drew Street, See, 8-29-16, M&B 44.01. (City of Clearwater) Z 97-08; LUP 97-07
LUP: From Residential Medium to Recreation/Open Space
ZONE: From RM 16 {Multi Family
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Mr. Doherty presented background information and written staff recommendations,
stating the applicant wishes to redevelop a large property for a new ball field facility to
provide three baseball diamonds and parking, A bike path is proposed along the north end
westward, through the existing complex to McMullen-Booth Road. Jurisdictional wetlands
exist on the property. He detailed the rezoning proposal to Preservation and OSR, reviewed
existing zoning and the proposed uses. Staff felt the request appears to comply with the
standards of approval, and recommended endorsement,
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Art Kader, Parks and Recreation Department Assistant Director, represented the City.
He said completion of the proposal will bring the City far ahead of the Comprehensive plan
in terms of required recreation improvements, He related history of the land purchase,
development plans, and quality of life standards in Clearwater. Discussion ensued
regarding what the project will entail, reevaluation of recreation impact fees, future impacts
to apartments under construction, and site lighting.
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Member Hilkert moved to endorse Item 04, Z 97-08; LUP 97-07 to the City
Commission. The motion was duly seconded and carried unanimously.
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Board and Staff Comments
Member Figurski indicated he enjoyed shorter staff presentations and requested staff to hit
the highlights.
Member Hilkert questioned status of the land Development Code rewrite and requested a
copy prior to the Planning and Zoning Board hearing.. Ms. Glatthorn responded Central
Permitting Director Shuford expects the rewrite will come up for public hearings within a month
or two.
Member Hilkert wholeheartedly opposed segregation of non~profit organizations downtown,
stating promotion of business locations should be encouraged by giving incentives.
Member Hilkert reiterated his request for the staff report to enumerate references to code
Section 41.053.
Member Hilkert questioned timing of mailing public hearing notices, and recommended
mailing notices ten days before a public hearing.
Member Bickerstaffe indicated he would like to see zoning changes to avoid bunching up
non-profit organizations such as churches.
Adjournment
The meeting adjourned at 6:45 p.m.
air
Planning and Zoni
Attest:
Bo~i~'~
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08/19/97
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