08/18/1998 (2)
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
August 18, 1998
Present:
Douglas Hilkert
Gerald Figurski
Edward Mazur
Frank Kunnen
Rick Anderson
Leslie Dougall-Sides
Sandy Glatthorn
Etim Udoh
Teresa Mancini
. Miles Bal/ogg
Brenda Moses
Absent:
David Gildersleeve
Steven Chandler
Chair
Vice-Chair
Board Member
Board Member
Board Member
Assistant City Attorney
Planning Administrator
Senior Planner
Planner
Environmental Specialist
Board Reporter
Board Member
Board Member
The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by
the Invocation, Pledge of Allegiance, and a review of meeting procedures and the
app~al process.
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To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
ITEM A ~ Minutes of Previous Meetinos - AUQust 4. 1998
Member Kunnen requested sentence 3, page 5, paragraph 3 read II...
Figurski, Anderson, and Gildersleeve voted "Ayell...", Planning Administrator
Sandy Glatthorn requested adding Lt. Kronschnabl to the fist of those present on
page 1. Consensus was to approve the minutes as corrected.
ITEM B - Reauests for Extension. Deferred. and Continued Items - None.
ITEM C ~ Conditional Uses
1. Lisa Alberico. Trustee. (Fuzzy's Sports Bar & Grill) to permit nightclubs,
taverns, and bars (change of license designation) at 1270 S. Highland Ave.. Forest
Hill estates, Unit 4, Lot 161, zoned CG (General Commercial). CU 98-31
The applicant is requesting conditional use approval to allow nightclubs,
taverns, and bars at 1270 South Highland Avenue. The applicant intends to
transfer an existing 4 COP SRX alcoholic beverage license to a 4 COP license. The
applicant intends to operate this establishment as a restaurant and bar.
Commercial uses surround the property to the north, south, and west, and consist
of primarily restaurant and retail uses. Staff recommends approval subject to
conditions.
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In response to a question, Jerry White, restaurant operator, said the ratio of
alcohol/non-alcohol sales is 50:'50.
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In response to a question, Planner Teresa Mancini said the applicant's
request includes an application for a parking variance. The applicant has an
occupational license to operate a restaurant and is required to obtain a license to
operate a nightclub.
Steven Watson, representative, stated the applicant has an agreement with
an adjacent property owner for additional parking.
Two persons spoke in opposition, citing: 11 past police calls due to loud
music, rowdiness, and foul language;' 2) automobile damage to a fence adjacent to
the property; 3) debris tossed into a neighbor's yard; 4) the safety of small children
who live nearby; and 5) fear of gunfire through windows..
Mr. Watson said the landscape buffer will prevent cars from striking
neighbors' fences. The applicant intends to contact residents regarding their
concerns. The music sound level can be easily controlled since there is no live
ente'rtainment. No complaints have been made since Mr. White purchased the
property. In response to a question, Mr. Watson said parking at the adjacent
property is under-utilized and many area businesses close at 5:00 p.m., freeing
additional parking for the subject property.
Member Figurski moved to approve Item CU 98-31, subject to conditions:
1) the applicant shall obtain the requisite occupational license within 6 months
from the date of this public hearing; 2) the applicant shall provide landscaping in
accordance with Section 42.27 to include a 10-foot landscape buffer along the
west property line after review and approval of a landscape plan prior to obtaining
an occupational license; 3) the applicant shall provide 110 parking spaces at this
site in accordance with Section 42.34 and the requirements for a nightclub or the
applicant shall obtain a parking variance for the required number of spaces prior to
obtaining an occupational license; 4) there shall be no outdoor entertainment,
seating, or speakers; 5) the sale of alcoholic beverages shall be limited to on-
premise consumption with no package sales; and 6) the hours of operation shall be
limited to 11 :00 a.m. until 2:00 a.m., 7 days a week. The motion was duly
seconded.
. It was stated the code indicates nightclubs are establishments with alcohol
sales comprising more than half the sales of that business.
Upon the vote being taken, the motion carried unanimously.
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ITEM 0 - Annexation. Zonlna, land Use Plan Amendment, land, Dovolopment Code
Text Amendment. and Local Plannlnq Aaencv Review
1. 2355 Nursery Road, Pinellas Groves, Se. 19-29-16, SW .1/4, part of Lot 18
(Kim B. Wong) A 98-24 LUP: Residential Suburban ZONE: RS 2 (Single Family
Residential)
The applicant wishes to annex a single family residential property at 2355
Nursery Road to obtain sewer service. The applicant will be responsible for the
cost of an extension from the existing manhole at Nursery Road. Staff
recommends approval.
Terence Drunasky, general contractor, stated ownership of the 2 homes on
the property was divided due to a divorce. The home toward the back of the
property is not inclUded in this annexation request.
Member Mazur moved to approve Item A 98-24 as requested. The motion
was duly seconded and carried unanimously.
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2. ,ORDINANCE NO. 6324-98 OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE
PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN
REAL PROPERTY LOCATED AT GULF BOULEVARD, SAND KEY, CONSISTING OF
METES AND BOUNDS 14/04, 14/05, AND 14/06, WHOSE POST OFFICE
ADDRESS IS 1370 GULF BOULEVARD, FROM COMMERCIAL GENERAL (CG) TO
RESIDENTIAL HIGH (RH); PROVIDING AN EFFECTIVE DATE.
and
ORDINANCE NO. 6235-98 AN ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY
REZONING CERTAIN PROPERTY LOCATED ON GULF BOULEVARD, SAND KEY,
CONSISTING OF METES AND BOUNDS 14/04, 14/05, AND 14/06, WHOSE POST
OFFICE ADDRESS IS 1370 GULF BOULEVARD, FROM COMMERCIAL GENERAL
(CG) TO MULTIPLE-FAMILY RESIDENTIAL TWENTY-EIGHT (RM-28); PROVIDING
AN EFFECTIVE DATE.
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The applicants are requesting a zoning change from Commercial General
(CG) to Multiple Family Residential "Twenty-Eight" (RM-28), and a Land Use Plan
Amendment from General Commercial to Residential High for property presently
developed with the Gallery Restaurant. The rezoning is required to construct high-
rise condominiums. The preferred land use in this district is multiple family
development. The site is under 1 acre (0.96 acre), therefore the proposed Land
Use Plan Amendment would qualify as a Type A subthreshold amendment in
accordance with Division 5.3 of the Countywide Rules, and ordinarily would not be
subject to substantive Pinellas Planning Council (PPCI review. Twenty-six (26)
dwelling units per gross acres or as permitted by the Comprehensive Plan,
whichever is less, will be allowed for this project. The proposed zoning district
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It was noted this development will increase tax revenues.
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$UPports the multiple family development, the preferred lond use in tho district.
Staff recommends approval.
In response to a question, Ms. Glatthorn said the difference between the
applicant's application and the City's property designation property is related to the
preservation area. The subthreshold refers to the Brea being rezoned and amended,
not the entire property.
Four persons spoke, citing: 1) need information regarding if any plans are
being developed with the adjacent Johnson property; and 2) more timely notice of
requests to be heard by the Planning and Zoning Board; and 3) a lack of
information. It was requested the item be continued.
It was stated the board makes recommendations to the City Commission,
who makes the final decision. Ms. Glatthorn will notify the City Clerk's office
regarding the timeliness of mailings. This board addresses rezoning requests, not
site plans.
In response to a question, Ms. Glatthorn said the, RM-28 designation
requires 25% open space requirements, a 25-foot street setback, and a 12-foot
side and 1 5-foot rear setback. CG zoning only requires a 1 5 % open space
requirement, a 25-foot street setback, and 10-foot side and rear setbacks.
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In response to a question, Ms. Glatthorn said the Commission does not
review site plans that do not require variances. Signs are placed on subject
properties when site plan approval requests are received to encourage residents to
contact the Central Permitting Department with questions. In response to a
question, she said the abutting property does not require rezoning.
Sam Codomo, representative, said this request will improve property values
in the surrounding area.
Member Figurski moved endorsement of Items Z 98-09 arid LUP 98.07 as
presented. The motion was duly seconded and carrIed unanimously.
3. ORDINANCE NO. 6322~98 AN ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF
THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY BORDERED ON THE SOUTH BY
PALM BLUFF STREET, ON THE EAST BY PENNSYLVANIA AVENUE, AND ON THE
NORTH BY LA SALLE STREET, CONSISTING OF UNNUMBERED BLOCK, LOTS 26,
27,' PART OF LOTS 26, 28 AND 29 OF THE PALM PARK SUBDIVISION, WHOSE
POST OFFICE ADDRESS IS 904 PALM BLUFF STREET AND 906 AND 908 LA
SALLE STREET, FROM MULTIPLE FAMILY RESIDENTIAL 16 (RM 16) TO
\~ INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE.
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and
ORDINANCE NO. 6323-98 AN ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY
REZONING CERTAIN PROPERTY BORDERED ON THE SOUTH BY PALM BLUFF
STREET, ON THE EAST BY PENNSYLVANIA AVENUE, AND ON THE NORTH BY LA
SALLE STREET, CONSISTING OF UNNUMBERED BLOCK, LOTS 26, 27, PARTS OF
LOTS 26, 28 AND 29 OF THE PALM PARK SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 904 PALM BLUFF STREET AND 906 AND 909 LA SALLE STREET,
FROM RESIDENTIAL MEDIUM (RM) TO PUBLIC/SEMI-PUBLIC (P/SP); PROVIDING
AN EFFECTIVE DATE.
The applicant, Mt. Carmel Baptist Church of Clearwater, is requesting a
zoning change from Multiple Family Residential "Sixteen" (RM-16) to Public/Semi-
Public (P/SP), and a land use plan amendment from Residential Medium to
Institutional for vacant property bordered at Palm Bluff Street, Pennsylvania
Avenue, and laSalle Street. Rezoning is needed to expand and modernize the
facilities at 1014 Pennsylvania Avenue. The proposed expansion will include
classrooms, offices, a family life center, a fellowship hall, and recreation area.
Staff feels the proposed uses are compatible with existing and planned uses in the
area and recommends approval.
Member Mazur moved endorsement of Items Z98-10 and lUP 98-08 as
/'.'':) . presented. The motion was duly seconded and carried unanimously.
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ITEM E - Chairman's Items
The Chair requested his office telephone number be updated on the board's
membership list.
ITEM F - Director's Items
1 . Draft Enterprise Zone Strategic Plan
Environmental Specialist Miles Ballogg said last year, the State Legislature
had designated the Brownfields area as an enterprise zone. The plan has been
submitted to the board for review. He reviewed the Srownfields area which
includes North Greenwood, South Greenwood, and parts of the Central Business
District. Designation as an enterprise zone will provide State Tax Credits for
electrical energy consumption, property taxes, jobs, building materials, etc. This
issue is on the Commission's August 20, 1998, agenda for public hearing. In
response to a question, Mr. Ballo9g said State Statutes and Brownfields Site
Redevelopment Agreement incentives address the purchase of contaminated
property.
Member Mazur moved to endorse the draft Enterprise Zone Strategic Plan as
U presented. The motion was duly seconded and carried unanimously.
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08/18/98
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ITEM G -' Board and Staff Comment.!
Appreciation' was expressed to staff for revising the language used to '
. submit recommendations to the board.
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ItEM H ~ Adlournment
The fTIeeting adjourfled at 3: 14 p.m,
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C~air, Planning and Zoning Board
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PLANNING AND ZONING BOARD MEETING - ACTION AGENDA
Tuesday, August 18, 1998
Call to Order, Invocation, Pledge of Allegiance
Minutes Approvnl- May 19, June 2, and July 7, 1998 - Approved as submitted
B. Requests for Extension, Deferred and Continued Items - None.
C. Conditional Uses
I. Lisa Alberico. Trustee (Fuzzy's Sports Bar & GrjIJ) to pennit nightclubs, tavcms, and
bars (change of Jicense designation) at 1270 S. Hiehland Ave.. Forest Hill estates, Unit 4, Lot
161, zoned CG (General Commercial). CU 98-31
ACTION: . Approved subject to the conditions recommended by staff.
ITEM D - Annexation. ZOnhll!. Land Use Plan Amendment. land Development Code Text
Amendment. and I...ocnl Plnnnine A~ency Review
1. 2355 Nursery Road, Pinellas Groves, Se. 19-29-16, SW 1/4, part of Lot 18 (Kim B.
Wong) A 98-24 LUP: Residential Suburban ZONE: RS 2 (Single Family Residential)
ACTION:
Approved subject to the conditions recommended by staff.
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/"'"..:l 2. ORDINANCE NO. 6324-98 OF THE CITY OF CLEARWATER, FLORIDA,
. <M AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE
PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL
PROPERTY LOCATED AT GULF BOULEVARD, SAND KEY, CONSISTING OF METES
AND BOUNDS 14/04, 14/05, AND 14/06, WHOSE POST OFFICE ADDRESS IS 1370 GULF
BOULEVARD, FROM COMMERCIAL GENERAL (CO) TO RESIDENTIAL HIGH (RR);
PROVIDING AN EFFECTIVE DATE.
and
ORDINANCE NO. 6235-98 AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN
PROPERTY LOCATED ON GULF BOULEVARD, SAND KEY, CONSISTING OF METES
AND BOUNDS 14/04. 14/05, AND 14/06, WHOSE POST OFFICE ADDRESS IS 1370 GULF
BOULEVARD. FROM COMMERCIAL GENERAL (CO) TO MULTIPLE-FAMILY
RESIDENTIAL TWENTY-EIGI-IT (RM-28); PROVIDING AN EFFECTIVE DATE.
ACTION:
Approved as requested.
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3. ORDINANCE NO. 6322~98 AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION
FOR CERTAIN REAL PROPERTY BORDERED ON THE SOUTH BY PALM BLUFF
STREET, ON THE EAST BY PENNSYL VANIA AVENUE, AND ON THE NORTH BY LA
SALLE STREET. CONSISTING OF UNNUMBERED BLOCK. LOTS 26. 27, PART OF LOTS
25, 28 AND 29 OF THE PALM PARK SUBDIVISION, WHOSE POST OFFICE ADDRESS IS
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. 904 PALM BLUFF STREET AND 906 AND 908 LA SALLE STREET, FROM MULTIPLE
FAMILY RESIDENTIAL 16 (RM 16) TO INSTITUTIONAL (I); PROVIDING AN
EFFECTIVE DATE.
ORDINANCE NO. 6323-98 AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN
PROPERTY BORDERED ON THE SOUTH BY PALM BLUFF STREET, ON THE EAST BY
'PENNSYLVANIA AVENUE, AND ON THE NORTH BY LA SALLE STREET, CONSISTING
OF UNNUMBERED BLOCK, LOTS 26,27, PARTS OF LOTS 26,28 AND 29 OF THE PALM
PARK SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 904 pALM BLUFF STREET
'AND 906 AND 909 LA SALLE STREET, FROM RESIDENTIAL MEDIUM (RM) TO
PUBLIC/SEMI-PUBLlC (P/SP); PROVIDING AN EFFECTIVE DATE.
ACTION:
Approved as requested.
ITEM E - Chairman's Items
. The Chair requested his ofticc telephone number be updated on the board's membership
list.
ITEM F - Director's Items
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1. Draft Enterprise Zone Strategic Plan
Environmental Specialist Miles Ballogg reviewed the Brownfie1ds area which includes .
North Greenwood, South Greenwood, and parts of the Central Business District. Designation as
an enterprise zone will provide State Tax Credits for electrical energy consumption, property
taxesJ jobsJ building materials, etc. In response to a questionJ Mr. Ballogg said State Statutes and
Brownfields Site Redevelopment Agreement incentives address the purchase of contaminated
property.
. ITEM G ~ Board and Staff Comments
Appreciation was expressed to staff for revising the language used to submit
recommendations to the board.
'. ITEM R - Adiournment - 3:14 p.m.
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