CU90-51CU90-51
2576 HARN BLVD
PINELLAS RENT-A-CAR
Receipt #
CITY OF CLEARWATER
CONDITIONAL USE APPLICATION
(Please Print or Type, Black Ink Only)
*PROPERTY OWNERS NAME & ADDRESS:
(Attach Proof Per Instructions)
6Aft I --Ka S718PAk
L78n YneC ..Jlt ? RD
c/fac,Ja4e f, / (>ci' d4
? y6d J
TELEPHONE #: 913 799 - d/J o
1C.U.# (4a.-
r--2?' V G ) 3 y
*REPRESENTATIVES (if any) NAME AND ADDRESS:
N W7" ? 4415Z,450, '1lti yM wow S', he ,o?? ? 7 b
TELEPHONE #: N, - I%-1IMP '
ADDRESS OF PROPERTY (Subject of Request): Z- 76 NQ rtj r I V d .
LEGAL DESCRIPTION OF PROPERTY (Subject of Request): StE A74 C ?e, d Dee J
ZONING DISTRICT: ±--f LAND USE PLAN CLASSIFICATION:
SURROUNDING LAND USES:
NORTH: J FF "Ce EAST: y rv' ? 1 .5+6 4"C'ri
SOUTH: _?cN?IQn Pnlf- S-I?t? WEST: e5,jet,?j..I ('p? tr iMF?ti1??
CONDITIONAL USE REQUEST (Describe/Be Specific/Attach Additional 8 1/2 x 11 inch sheet if needed):
t<; i oprafron) 04 a Car" feh?-a1 ?oca4 j'oN -
INFORMATION IN SUPPORT OF REQUEST:
SIGNATURE OF PROPERTY OWNER (**OR REPRESENTATIVE): ?yIZ ?2?•
Before me, the undersigned authority, personally appeared ! / d-Nue 1 u? ?renl l?e?, who bung duly sworn,
says under oath the matters and facts set out above are true and correct to the best of his/her knowledge and belief.
Sworn to and subscribed before me this th day of _5u C A.D., 19 9 a
-- Notary blic.:`;
1lOTA&Y PUBLIC STA7E rF F:
PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING.
RAt ihr , „,,.
"Attach Power of Attorney or notarized statement from owner authorizing representative - not applicable if representative
is a practicing attorney acting on behalf of the property owner(s).
PLEASE NOTE: Applications must be submitted by 12.00 Noon on deadline date. Rev. 11/89
WARRANTY DEED J:, li II., I 1.
(FROM CORPORAT(ON, '- ..
This warranty Deed blade ,,td executed the ?25th day of May A. D. 1990 by
STASIO, INC.
a corporation existing under the laws of Florida and having its principal place of
business at 1500 San Remo Avenue, Coral Cables, Florida 33146
hereinafter called the grantor, to
MANUEL KASTRENAKES
whose postoffice address is 1780 McCauley Road, Clearwater, Florida, 34625
hereina f ter called the grantee:
(Wherever uwd herein the terms "grantor" and "grantee" include all the parties to this instrument and
the heirs, IeRal representatives and assigns of individuals, and the successors and assigns of corporations)
bitnesseth: That trite grantor, for and in consideration of trite sum of $ 10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell.
alien, remise, release, convey and confirm unto the grange, all that certain land situate in Pinellas
Cowlty, Florida, viz:
A tract of land in the Northeast 1/4 of Section 19, Township 29 South,
Range 16 East, described as follows: From the East 1/4 corner of
Section 19, Township 29 South, Range 16 East, run North 89°29'13" West
along the East-West center line of said Section 19, 100.00 feet; thence
North 00°52'25" East along the Westerly right-of-way line of U.S.
Highway 19 (said line being parallel to and 100 feet Westerly of the
East line of said Section 19) 340.0 feet; thence North 89°29'13" West,
175.0 feet along the Northerly right-of-way line of Harn Boulevard for
a Point of Beginning; thence continue North 89°29'13" West along the
said Northerly right-of-way of Harn Boulevard, 100.0 feet; thence North
00°52'25" East, 200.0 feet; thence South 89°29'13" East, 100.0 feet;
thence South 00°52'25" West along a line parallel to and 175 feet West of
the Westerly right-of-way line of U.S. Highway 19, 200.0 feet to the Point
of Be inning
fugetier with all the tenements, hereditaments and appurtenances thereto belonging or in any-
wise appertaining.
r.l<V,N To Eaue and to Hold the same in
? fee simple forever.
- o. End the grantor
hereby covenants with said grantee that it is lawfully seized of said land in fee
simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully war-
rants the title to said land and will defend the same against trite lawful claims of all persons whomsoever;
and that said land is free of all encumbrances except as stated above.
* SUBJECT T0: --
1. Conditions, restrictions and easements of record. I Its'
O 2. Real estate taxes for 1990 and subsequent i?
years. L, _
(CORPORATE SEAL) ]n fitness "hereof the grantor has caused these presents to
be executed in its name, and its corporate seal to be hereunto affixed, by its
proper officers thereunto duly authorized, the day and year first above written.
' aeo?acacsc .....STASIO,._-INC
............................
Sign d/`sealed--and-d4ivered jn?Ae presence of:
...............:...............
y ................. ,,:-
cyst ? / P
ERMILO CASTILLA, eat ?'.d--ent
..... ........... .........'................................................
S E OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that nn this day, before me, an officer duly authorized. in the State and County aforesaid.{q {ake acknowledgments,
personally appeared Ermilo Castilla „
well known to me to be the President a14?C eAix* of the corporation named as grantor
1 in the foregoing deed, and that 9X ]07C'!C'X cknowledR , ed executing the same in the presence of ]itR?Q'Xa two subscribing witnesses freely and voluntarily
under authority duly vested in t 191 by said corporation and that the seal affixed thereto is the ytr?ue corporate of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this ,? 25thday of May , A. D. 19 90
i
1:rtF?t..F:[_td I'. DE:I:.L..rti:E. V",.
MAY '...n J. i ) 0:::...?I>1:1 V
i
Arnold L. Perlstein, Esq e .................... ............................... ._jaiil6S''G:- ......
This Iffsinimeni prepared by: Packman, Neuwahl & Rosenberg Notary Public
.9cdidress 1500 San Remo Avenue #125 State of Florida
Coral Cables, Florida 33146 My Commission Expires:
October 5. 1991
i1ellas
Gentleman:
6-24-90
Pinellas Rent-A-Car hereby authorizes Massaro and Assoc. to
act as our official agent in submitting any architectural drawings
and site plans for Pinellas Rent-A-Car's project on 2576 Harn Blvd.
Clw. F1. 34624.
Sincerely,
Manuel Fastrenakes
C.O.O.
NOTARY PJP,.- .._.... .. ????1
MY CO ± '."
OONDEC
1340 U.S. 19 South • Clearwater, FL 34624 • (813) 535-9891
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IWA JI E: M A S S A R. O/ K A S T tt E t?? A E S
(??U`. No. 90- 51 PUBLIC HEARING DATE: 0-7 17 qO
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11. Trizec Properties, Inc. (Dillards) for variances of 1) three (3) business
identification signs to permit a total of four such signs and 2) 555.35 sq ft
business identification signage to permit sq ft of such signage at 20505
U.S. 19 N. #162, Sec 17-29-16, M&B 32.01 anr32.02, zoned CC (commerci-al center).
V 90-166 5
Florida Statute 286.0105 states: Any person appealing a decision of this board
must have a record of the proceedings to support such an appeal. The inclusion
of this statement does not create or imply a right to appeal the decision to be
made at this hearing if the right of an appeal does not exist as a matter of
law.
Citizens may appear to be heard or file written notice of approval or objection
with the City, Clerk prior to the Public Hearing. Any photographs, drawings,
plans, etc. submitted as exhibits by any party will be made part of the record
and wi•11 not be returned.
City of Clearwater Cynthia 'E. Goudeau, CMC
P.O. Box 4748, Clearwater, FL 34618-4748 City Clerk
NOTE:, Applicant or representative must be present at the hearing.
YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN
200.FT OF THE SUBJECT PROPERTY.
(11/19/90)
CITY
P. 0. B O " 4748
CLEARWATER, 34618-4748
FORWARDING RETURN
POSTAGE GU??R 'TEED
BULK TI
U. S. P TAGS
PA
PERMIT 247
R E 'C E 6 E9 E D Clearw ter, V
IV
1990
?L!?i:?V 141: Q ? (.?'i U{\v% l\
aE'JFi,®?'llirf?iT QEPT.
IMPORTANT! City. Public Hearing Notice
A mwc)a
NOTICE OF PUBLIC HEARING
DEVELOPMENT CODE ADJUSTMENT BOARD
THURSDAY, November 29, 1990, 1:00 p.m."-- COMMISSION MEETING ROOM
THIRD FLOOR - CITY HALL - 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA
To consider requests for variances of the Code:
ITEM A - (continued from 10/25/90) Scot M. Trefz for, a variance of 7 ft. to build
an addition 3 ft. from a side property line at 125 S. Belcher Rd., Sec. 18-29-
16, M&B 23.04, zoned CG (General Commercial). V 90-146
ITEM B - (continued from 11/08/90) Variances for that portion of the proposed
wall adjacent to the Isle of Sand Key Condominium I - Marden Enterprises, Inc.
for variances 1) of 42 inches to allow construction of a 72 inch high wall and
2) to permit the construction of a wall within a setback area abutting a
waterfront at 1611 Gulf Blvd., Sec 30-29-15, M&Bs 11.01, 12.01, and 12.03, zoned
RM-28 (multiple-family residential) and AL/C (aquatic lands/coastal). V 90-151
1. Bellwether Properties of Florida Ltd. for variances 1) of 1028 sq ft
business identification signage to permit a total of 1028 sq ft business
identification signage, 2) of four business identification signs to permit a
total of four such signs, and 3) to permit signs subject of request to remain
after expiration of amortization period at 2601 U. S. 19 N., Sec 30-28-16, M&Bs
41.01 and 41.02, zoned CC (commercial center). V 90-150
2. City of Clearwater/Little Theatre-of Clearwater, Inc. for a variance of
15 ft to permit addition 10 ft from a rear property line at 302 Seminole Street,
Sue Barco Sub, All of Lots 19-21 and part of Lot 22, zoned P/SP (public/semi-
public. V 90-156
3. Charles H. and Beverly Scarbrough for variances of 1) 17.7 ft to permit
construction on a 52.3 ft wide corner lot and 2) 20 ft to permit carport 5 ft
from a street right-of-way at 1132 Howard Street, Carolina Terrace Annex, Lot
13, zoned RS-8 (single-family residential). V 90-158
4. Farmers State Bank of Greenfield for variances of 1) 5 ft to permit a pool
enclosure 2 ft from a rear property.line and 2) 6.7 ft to permit pool enclosure
0.3 ft from a side property line at 420 Palm Island N.E., Island Estates of
Clearwater, Unit.6B, Lot 84, zoned RS-6 (single-family residential). V 90-159
5. James H. and Debra E. Dickens for a variance of 10 ft to permit
construction of a wood deck zero ft from a rear property line at 413 Midway
Island, Island Estates of Clearwater., Unit 3, Lot 54, zoned RS-8 (single-family
residential). V 90-160 `
6. Countryside Village, Ltd. for variances of 1) one additional business
identification sign and 2) 32.5 sq ft to allow for total surface area of 82.5
sq ft at 2547 Countryside Blvd., Countryside Village Square Sub, Lot 5, zoned
CC (commercial center). V 90-161
7. Community Pride Child Care Center of Clearwater, Inc. for variances of 1)
30 inches to permit a 60 inch high chain link fence 'in setback area adjacent to
street to which property is addressed, 2) 24 ft to permit building addition 11
ft from a street right-of-way (Missouri Ave) and 3) three (3) parking spaces to
allow 18 spaces at 211 S. Missouri Ave., Hibiscus Gardens, Blk L, All of Lots
8-10 and part of Lots 7, 11 and 12, zoned P/SP (public/semi-public). V 90-162
8. George L. Funderburke for a variance of 5 ft to permit garage 5 ft from
a rear property line at 1133 Woodlawn St., Tennessee Terrace Sub, Lot 1, zoned
RS-8 (multiple-family residential).. V 90-163
9. Friedrich E. and Yvonne L. Ulfers for variances of 1) 0.8 ft to permit
carport addition 4.2 ft from a side property line and 2) 5.2 ft to permit carport
addition 4.8 ft from a rear property line at 761 Bruce Ave., Mandalay Sub, Blk
24, Lot 7, zoned RS-8 (multiple-family residential). V 90-164
10. SCC Development Corp., Inc. for a variance of 15 ft to permit homes 10 ft
from McKinley Street right-of-way at 325 and 331 Feather Tree Drive, Feather Tree
Sub, Lots 32 and 33, zoned RS-8 (multiple-family residential). V 90-165
i
Discussion ensued with Board members expressing concerns including the following: the Island Yacht Club Board
of Directors approval, and the fact that the location is a commercial marina.
' Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to approve the above request subject to the
following conditions: 1) The applicant shall obtain requisite building permit within six months of this public
hearing; and 2) The marina shall be utilized exclusively by owners, guests & renters of Units #87 & //88. Motion
carried unanimously (5 to 0).
5. M&B 14.05, Sec. 19-29-16, (2576 Ham Blvd.) Manuel Kastrenakes (Pinellas Rent-A-Car)
CU 90-51
Request - To permit outdoor retail sales, displays and/or storage
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation; and noted that 3
letters of objection to the request have been received. Mr. Shuford added that the request is for car rental only and
that the Board may wish to consider. parking or storage of trucks be prohibited as a condition of approval.
Daniel Massaro, 312 Main Street, Dunedin, representing the applicant, stated that this site is 175 ft. west of
U.S. 19, is approximately 20,000 sq. ft., and currently has a 480 sq. ft. vacated Farm Store building. The owner
proposes to relocate his car rental business to this site and to extend the existing structure by 405 sq. ft. under the
existing canopy located on the north side of the building. Mr. Massaro stated they have reviewed the staff
recommendations for conditions of approval and find the conditions acceptable.
In response to questions by the Board, Mr. Massaro stated the site will be used for new rental cars, will not be
used for the rental or storage of trucks, no work will be done on the cars on site, and in regard to green space the
added that if required some of the existing black top will be removed and that the green space between the two
driveways on Ham Boulevard will remain as is.
The following persons spoke in opposition to the above request:
Jan Regulski, 1045 Chinaberry Road, President of the Morningside Meadows Homeowners Association, stated
that the association is opposed to the granting of this conditional use permit. Mrs. Regulski addressed concerns
including the noise of cars being started and coming and going as most of the residents are elderly and would be
disturbed by this noise; and the direction and glare of the lighting would adversely affect the residents as the
bedroom windows face the subject property. Mrs. Regulski stated the association feels that the proposed car rental
business is not a compatible use with the neighborhood. If approved, the landscaping should be required to have
trees and shrubs that will provide screening. The owner is currently using the vacated Farm Store property for the
illegal parking and storage of large Ryder trucks, and is also illegally parking vehicles for rent in the U.S. 19 right-
of-way. She felt that the value of their property would decrease if this request is granted as the property is not
taken care of, currently has overgrown grass, and that even if restrictions were placed as conditions of approval
that the owner would not comply with these conditions. Mrs. Regulski stated she felt the request does not meet the
Standards of Approval and asked that the Board deny the request.
Blanche DeMers, 2566 Harn Blvd., Apt. a3, stated as First Vice President of the Association she represents 22
apartment owners who were unable to attend this public hearing. She stated they are in strong opposition to this
request as there are already many business in the vicinity of the corner of U.S. 19 and Ham Blvd. including a gas
station, tire sales, AAA Towing and storage of rental trucks. Ms. DeMers stated that their bedroom windows face
this property and the proposed use would be a great bazard• and would depreciate the value of their property, as
they are proud of their property and keep it well maintained. They do not want this type of business in their back
yard, especially outside their bedroom windows and requested that the Board deny this request.
In rebuttal, Daniel Massaro, stated the owner has no intention of operating the car rental business 24 hours a day
as most Farm Store type businesses usually are. He stated that they are sensitive to the lighting issue and have no
problem with the staff recommendation in regard to lighting or to restrict the lighting further. Mr. Massaro said
that there will be no trucks parked or stored on this site and that it will be used strictly for cars to be rented.
Discussion ensued with Board members expressing concerns including the following: the adverse effects on the
residents of the area, whether strong conditions of approval would be effective given the applicant's past history of
enforcement problems, and other uses that could operate as permitted uses on this property.
Motion was made by Mr. Mazur, and seconded by Mr. Schwob to deny the above request due to the adverse effect
it would have on adjacent property owners. Motion to deny was carried 4 to 1 (Ms. Nixon voting "nay" as she felt
the requested use would have less adverse effects than some permitted uses for this property).
P & Z MINUTES
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July 15, 1990
'fa 90 -_67
To: James M. Polatty
Planning and Development Director
City of Clearwater
112 S. Osceola Ave., Clearwater, F1.
Subject: Planning and Zoning Board Meeting
July 17, 1990, Request of Manuel Kastrenakes
(Pinellas Rent-A-Car)
As a unit owner in Morningside East Condominium at 2566 Harn
Blvd., we must strenuously object. to the conditional use
request of the subject business on the lot where the Farm
Store formerly operated on Harn Blvd.. At the present time
the applicant is engaged in several types of businesses on
the adjacent lot that fronts on Highway 19. They are as
follows:
Gasoline Station
Wrecker Service
Auto Body Shop
Mechanical Repairs
Truck Rental
Auto Rental
The lot they intend to use for storage of wrecked cars,
trucks and other items used in their bu siness presently
serves as a buffer between the residential use of Morning-
side East Condominium and the heavy commercial use of their
property that fronts on.U.S. 19.
For the board to allow such usage next door to a residential
and principally owner occupied condominium development would
create a detrimental effect on the value of the units as well
as the life style of the unit owners.
We would appreciate -.your assistance in rejecting the re-
quested conditional use being inappropriate to the Morningside
community as a whole.
GLJ?
RECEIVED Mary Beth McElroy
2566 Harn Blvd., UNit 2
,J U L 16 1990
PLANNING & URBAN
DEVELOPMENT DEPT. FILE
C I T Y OF C L E A R W A T E R
POST OFFICE BOX 4748
CLEARWATER, FLORIDA 34618-4748
PLANNING & DEVELOPMENT DEPARTMENT
July 19, 1990
Massaro & Associates, Inc.
312 Main Street
Dunedin, FL 34698
RE: Case CU90-51
Dear Dan:
Please find enclosed those portions of the Clearwater Land Development Code that are
applicable to your project as a conditional use on Harn Boulevard. Per our conversation of
this afternoon, I will call and confirm a meeting time for Tuesday, July 24th, in order that
we may further discuss your plans.
Senior
. FOLLETT, ASLA
ENCLOSURE
CC: Scott Shuford, Planning Manager
File CU90-51.LET
'Equal Employment and Affirmative Action Employer''
A. wl REPORT TO THE CITY OF CLEARWATER PLANNING AND ZONING BOARD
From the Planning and Development Department
MEETING DATE: July 17, 1990
AGENDA ITEM: C-5
CASE #: CU 90-51
LEGAL/ADDRESS/LOCATION/SIZE: M&B 14-05, Sec. 19-29S-16E/2576 Ham Blvd./north side of Ham
Blvd., just east of U.S.19/0.46 acres m.o.l.
OWNER/APPLICANT (BUSINESS)/REPRESENTATIVE: Kastrenakes/(Pinellas Rent-a-Car)/Massaro
CONDITIONAL USE(S) REQUESTED: Outdoor Retail Sales, Displays and/or Storage
CODE CITATION (Chapter, Section, Paragraph): 135.129(11)
ZONING/LAND USE PLAN DESIGNATION: CH (Highway Commercial District)/Commercial Tourist
Facilities
SURROUNDING LAND USES: (Please refer to attached map for zoning/LUP designation of surrounding
properties)
NORTH: Office
SOUTH: Convenience Store
EAST: Service Station
WEST: Apartments
DISCUSSION:
This is a request for a conditional use permit to allow outdoor retail sales, displays and storage to permit the
conversion of a vacant convenient food store use to a car rental operation.
The subject parcel is nonconforming in terms of lot width as it is only 100 ft. wide as opposed to the required
120 ft. width.
The applicant is proposing to construct an additional 405 sq. ft. enclosure under the existing roof canopy, creating
a rental office containing 885 sq. ft. The site is proposed to be served by two existing driveways. There will be
24 parking spaces under the applicant's plan; six of these spaces are proposed to be constructed of turfblock
paving, while the remaining 18 spaces would be mulch or gravel surfaced.
The Traffic Engineer reports that the existing driveway situation should not create unreasonable traffic problems
due to the traffic volumes generated by the proposed use. However, the proposed turfblock and mulch/gravel
surfacing proposed by the applicant is not in conformance with City codes; these spaces would need to be paved.
The site plan will consequently need to be modified to reflect City code requirements, including open space
requirements.
The subject property is adjacent to a multifamily residential use. Given the low traffic volume generation of the
proposed use, the rental car operation should be a relatively good neighbor. In order to minimize potential
impacts associated with the proposed use, specific buffering, lighting, and hours of operation restrictions should
be imposed. The staff would recommend the planting of one tree and 13 shrubs for each 40 linear feet along the
west property boundary, with the species to be determined by the City Division of Environmental Management.
As part of the buffer, the existing wooden fence along the west property line should be required to be maintained.
New site lighting structures should not exceed 15 ft. in height and should be directed away from the residential
area. Finally, the hours of operation should be limited to 7:00 a.m. to 11:00 p.m.
The applicant is proposing to erect a new pylon sign. This sign should conform to all City sign regulations.
CU 90-51
Page 2
RECOMMENDATION:
Based on staff review and analysis of the information contained in the application, the Planning and Development
staff recommends APPROVAL of the conditional use subject to the following conditions:
The applicant shall submit a new site plan meeting all City paving and open space standards, or
_shall o m* a va}nanc fro t Development Code Adjustment Board.
o ?
The ap icant shall install an intain a buffer consisting of one tree and 13 shrubs for each 40
linear feet along the west property boundary, with the ec' to be determined by the City
Division o nvironmental M a ement. ,,r?.-•
3. New site lighting structures shall not exceed X ft. in height and shall be directed away from the
residential area.
..-2 i-!7 a
The hours of operation shall be limited to 7:00 a.m. to ML 00 p.m.
,,,,5! All signs shall conform to City sign regulations.
The requisite building permit shall be obtained within six (6) months of the date of this public
hearing.
7. The requisite occupational license shall be obtained within one (1) year of the date of this public
hearing.
If approved subject to the above conditions, the use appears to comply with the standards for a conditional use
permit approval as set forth in Chapter 137.011(d).
C.U. #90-51
CITY OF CLEARWATER
CONDITIONAL USE TRANSMITTAL
TRANSMIT TO:
Cynthia Goudeau, City Clerk
James M. Polatty, Jr., Director of Planning & Development
Keith Crawford, Traffic Engineer
Vic Chodora, Building Official
M.A. Galbraith, City Attorney
John D. Richter, Development Code Administrator
Ray Wyland/L.eo Menendez, Plans Review Technicians
File
MEETING DATE: *July 17, 1990
AGENDA ITEM: 5
CASE #: C.U.90-51
LEGAUADDRESS/LOCATION/SIZE: M&B 1405, Sec. 19-29s-16e/2576 Harn Blvd./North side
Harn, just east of U.S.19/0.46 acres m.o.l.
OWNER/APPLICANT (BUSINESS)/REPRESENTATIVE. K a s t r e n a k e s/ (Pinellas Rent - a-
Car)/Massaro
CONDITIONAL USE(S) REQUESTED: Outdoor Retail Sales, Displays and/or Storage
CODE CITATION (Chapter, Section, Paragraph): 135.129(11)
ZONINGAAND USE PLAN DESIGNATION: CH (Highway Commercial District)/Commercial
Tourist Facilities
SURROUNDING LAND USES: (Please refer to attached map for zoning/LUP designation of
surrounding properties)
NORTH: Office
SOUTH: Convenience Store
EAST: Service Station
WEST: Apartments
CITY OFFICIALS WISHING TO COMMENT MAY DO SO IN THE SPACE PROVIDED BELOW
(COMMENTS SHOULD BE RETURNED TO THE PLANNING MANAGER AT LEAST NINE DAYS
PRIOR TO THE SCHEDULED PUBLIC HEARING).
6-7,8-90 /• ODE" DOES Nor edtmsT M t,GW oR. 4 '??? poet?ES?
DorrS Pior "PggR " A& mir /1Wt-cm oR !?ggw" A4.K.wf
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2-- SMsy c.D S rX*S S 70 o ?dA n X 77+W'r CARS
A0 , r Nor AE #0*0-9f oN G A4SS w AuAi r Y/+'7e4-
TRANSNIlTTED BY: Steve Doherty
DATE: June 27, 1990
*FOR PUBLIC HEARING BY THE PLANNING AND ZONING BOARD
cut9051.sd
ADDITIONAL CONDITIONAL USE PERMIT CONDITIONS
PINELLAS RENT-A-CAR
1. Additional 5 foot buffer along the west property boundary (in
addition to the required 10 foot buffer strip): The
development of the site be contingent upon provision of a 15
foot landscaped buffer along the west property boundary.
2. Additional landscaping requirements along the west property
boundary: The required shrubbery planting shall be a minimum
of 48 inches in height at time of installation and shall reach
a minimum height of 6 feet within 2 years from the date of
planting.
3. Hours of operation: The hours of operation shall be limited
to 8:00 a.m. to 7:00 p.m.
4. Vehicle storage: All vehicles stored on the site shall be in
an operating condition; there shall be no storage of vehicles
needing repair, nor shall there be any storage of auto parts
of any kind.
5. Use of property: This conditional use permit shall be for
automobile rental only; no trucks or other vehicles besides
automobiles used by the car rental agency or its employees
shall be parked or stored on the site.
6. Landscaping requirements: All requirements for landscaping
under the current Section 136.123 of the Land Development Code
shall be met, including perimeter and interior landscaping
requirements. These requirements shall include a 10 foot
buffer strip which shall be augumented with an additional 5
feet of buffering for a total 15 foot buffer between the
multi-family development to the west and the subject property,
as well as a 5 ft. landscape strip along Harn Boulevard and
between the commercial development to the east and north. The
landscaping shall be approved by the City's Urban Forester.
The west property boundary buffer shall consist of at least
the following: a row of trees planted 3 feet from the west
property boundary, starting 5 feet from Harn Boulevard and
spaced at 20 foot intervals along the west boundary; a second
row of trees planted 12 feet from the west boundary starting
15 feet from Harn Boulevard and spaced at 20 foot intervals
along the west boundary; and a row of shrubs planted at 3 foot
intervals or at least 13 per every 40 feet starting
immediately adajacent to Harn Boulevard right of way. The
trees shall consist of either hollies, Red Cedars, or Live
Oaks and the shrubs shall be either Sweet Viburnum or
Photinia.
7. Dumpster location: The dumpster, if one is needed, shall be
located in the northeast corner of the site.
M
8.
9.
Outdoor lights: All outdoor lighting shall not exceed 8 feet
in height and shall be directed away from the residential
area.
Vehicle Repairs: No repairs shall be done on site (indoor or
outdoor).
WP\PCRENTCO.SS
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DATE / TIME P.M.
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PHONE (o2 3.7
AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CAME TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU RUSH .
RETURNED YOUR CALL SPECIAL ATTENTION
MESSAGE V
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SIGNED
LITHO IN u.B.A.
TOPS " FORM
AGENDA
CLEARWATER DOWNTOWN DEVELOPMENT BOARD
NOVEMBER 26, 1990, AT 5:30 pm
City Hall, Commission Chamber, 112 S. Osceola Avenue
I. Approval of the Minutes of the October 29, 1990 Meeting
II. Approval of the Financial Statement of October 31, 1990
III. Agency Report by Pearson, Thomas/LKW
a. Audio/Visual Concept Presentation
b. Superbowl Promotional Recommendations
IV. St. Petersburg Times - Bruce Karlson
V. Reschedule December Meeting
VI. Election Schedule Update
VII. Board Comments
VIII. Citizen Comments
IX. Adjournment
U?-
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V
C"L
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MANUEL KASTRENAKES,
d/b/a Pinellas Rent-A-Car,
Petitioner,
VS.
CITY OF CLEARWATER,
Respondent.
CASE NO. 90-5002
AMENDED NOTICE OF HEARING
This cause came on for consideration of Respondent's
Motion For Continuance due to a conflict with the scheduled
hearing date of December 4, 1990, to which Respondent does not
object. The premises considered, it is ORDERED:
1. The hearing scheduled for December 4, 1990, is
hereby moved to 9:00 a.m., on November 29, 1990, at Commission
Chambers, City Hall, 112 S. Osceola Avenue, Clearwater, Florida.
2. Except as modified herein, all other provisions of
the Notice of Hearing and any prehearing instructions remain in
DONE and ORDERED this 10th day of October, 1990, in
Tallahassee, Florida.
N . YE
Hearing Of cer
Division of Administrative Hearings
The Desoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
(904) 488-9675
r
Filed with the Clerk of the
Division of Administrative Hearings
/ this 10th day of October, 1990.
Copies furnished.to:.
M. A. Galbraith, Jr.
City Attorney
City of Clearwater
Post Office Box 4748
Clearwater, FL 34618-4748
Louis Bakkalapulo, Esquire
400 Indian Rocks Road
Suite C
Belleair Blufs, FL 34640
Cynthia E. Goudeau
City Clerk
City of Clearwater
Post Office Box 4748
Clearwater, FL 34618-4748
Scott Shuford
Planning Manager
City of Clearwater
Post Office Box 4748
Clearwater, FL 34618-4748
ROOM CONFIRMATION TO:
Ms. Betty Blount
City Hall
City Manager's Office
112 Osceola Avenue
Post Office Box 4748
Clearwater, FL 34618
(813) 462-6700
- - ------------
No. 90-5002
2... ?G(-?0 51
. ti RF
STATE OF FLORIDA I
DIVISION OF ADMINISTRATIVE HEARINGS ft4& /*G 7990
MANUEL KASTRENAKES, ) ®p ?r U"%V
ME
d/b/a Pinellas Rent-A-Car, ) 1%14
1
Appellant,
VS.
CITY OF CLEARWATER,
Respondent.
CASE NO. 90-5002
FINAL ORDER
Pursuant to notice, a public hearing was held in the
above-styled case on November 29, 1990, at Clearwater, Florida.
APPEARANCES
For Appellant: Louis Bakkalapulo, Esquire
Thomas G. Hersem , Esquire
400 Indian Rocks Road
Suite C
Belleair Bluffs, FL 34640
For Respondent: M. A. Galbraith, Jr., Esquire
Post Office Box 4748
Clearwater, FL 34618
STATEMENT OF THE ISSUES
Whether the Planning Commission deviated from essential
requirements of law in denying Appellant's application for a
special use permit to operate a car rental agency at 2576 Harn
Boulevard, Clearwater, Florida.
PRELIMINARY STATEMENT
This is an appeal from the action of the City of
Clearwater Planning Board in denying the request of Kastrenakes
for a special use permit for outdoor retail sales, displays
and/or storage to operate a rental car business on property owned
by Appellant at 2576 Harn.Boulevard, Clearwater, Florida.
I
v`
n
I
Grounds for the denial by the Board was stated to be due to the
adverse effect the business would have on adjacent property
owners.
At this hearing, Appellant called four witnesses, one
being the City of Clearwater Planning Manager who headed the
staff that reviewed the application and recommended granting the
conditional use requested; two witnesses testified in opposition
to the petition; and one exhibit was admitted into evidence.
This exhibit comprises the initial staff report to the Planning
and Zoning Board, plus additional conditions on the use of this
property intended to counter some of the objections to granting
the conditional use permit presented at the Board hearing. The
Appellant accepts all of these conditions.
Having considered the evidence presented to the Board,
additional evidence presented at this hearing, arguments of
counsel and proposed orders submitted by the parties, the
following findings and conclusions are made.
FINDINGS OF FACT
1. Manual Kastrenakes, d/b/a Pinellas Rent-A-Car,
Appellant, purchased the property which is the subject of this
appeal in 1989. Prior to this purchase, the property was the
site of a Farm Store, which has been vacated.
2. Appellant also owns a filling station in the
vicinity of this property which is legally operated and is in
compliance with all zoning requirements.
3. The property is zoned CH (highway commercial).
Within Highway Commercial Districts, outdoor retail sales,
2
R
.
f
displays and/or storage are permitted as conditional uses.
Section 135.129(11), City of Clearwater Land Development Code.
4. Objections to the granting of this conditional use
permit come from residents of multifamily residential buildings
adjacent to and west of the property in issue. Many of those
residents are retired and/or infirm and contend they will be
disturbed by the operation of a rental car business "in their
back yard." To counter some of these objections, Appellant
agreed to conditions being imposed on this permit limiting hours
of operation, lighting, paving, buffer zones, and parking.
5. Protestants also contend that operating the
business would depreciate the value of their property, but no
credible evidence was presented to support this position.
6. Appellant has further agreed that disabled or
wrecked vehicles will not be stored on this property, and only
fully operable rental automobiles will be stored and/or displayed
on this property.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has
jurisdiction over the parties to, and the subject matter of,
these proceedings.
Appellant has the burden to prove that he is entitled
to the special use permit requested, and that the Board failed to
comply with the standards established in the Land and Development
Code in denying his application, or that they departed from the
essential requirements of law.
3
Section 136.025 of the Land and Development Code
provide:
(a) Purpose. It is the purpose of this
section to establish general and
specific standards for the planning
and zoning board to consider when
evaluating any applicant for a con-
ditional use. The standards identified
herein shall function in tandem with
the review procedures for variances
contained in chapter 137 (Administration
and Enforcement," section 137.012.
(b) General Standards. The following
standards shall apply to all uses which
are identified in this development code
as conditional and only those uses which
comply with all of the enumerated stan-
dards contained herein shall be
authorized.
(1) The use shall comply with.the land use
plan and all applicable terms contained
in this development code, the building
code, and the Clearwater Code of
ordinances.
(2) Acceptable ingress to and egress from the
site shall be provided in a manner and
location which ensures optimum vehicle
maneuverability and vehicular and
pedestrian safety. The number of ingress
and egress drives shall be the minimum
necessary to provide reasonable access
to the site.
(3) Noise generated from the use shall not
unreasonably diminish the use, enjoy-
ment or value of the surrounding
properties.
(4) The direction and glare of lights from
both motor vehicles and illuminating
fixtures on the site shall not adversely
affect the use, enjoyment or value of
surrounding properties.
(5) Sufficient landscaping and screening
shall be provided to diminish noise,
reduce glare and buffer high activities
areas and objectionable views (including,
but not limited to trash disposal
4
facilities) such that the use will not
adversely affect the use, enjoyment or
value of surrounding properties.
(6) Sufficient areas shall be afforded for
parking in accord with section 136.022
of this chapter.
(7) The use shall be reasonable compatible
with surrounding uses as measured by
building setbacks, open spaces, hours
of operation, building and site
appearance, architectural design
and other factors which may be deter-
mined appropriate to assess the
capability of uses.
Section 136.025(c) entitled supplementary standards, by
category of use provides in pertinent part:
The following standards (which apply to the
identified category of use) shall supplement
the general standards of use identified
above and no conditional use shall be
authorized unless determined to meet all
of the standards applicable thereto.
(6) Business services may be permitted
within the Neighborhood Commercial
Districts upon determination that
the use complies with all of the
general standards contained in the
proceeding paragraph (b).
(22) Outdoor retail sales, displays and/or
storage may be permitted within the
General Commercial, Highway Commercial,
Commercial Center and Limited Industrial
Districts upon determination that:
(a) The outdoor use shall not adversely
affect the community appearance
objectives of the city. In particular,
no temporary buildings, portable build-
ings, tends, stands, trailers, vending
carts or like buildings or structures
shall be utilized in conjunction with
the use.
(b) The use shall comply with all of the
general standards contained in preceding
paragraph (b).
5
The activities here contemplated, subject to the
restrictions herein imposed, satisfy the above-quoted
requirements for a condition use; i.e., Appellant has met the
statutory criteria for granting a conditional use exception to
the Land Development Code. At that point, the burden shifts to
the Board to demonstrate, by competent substantial evidence, that
the special exception requested by applicant did not meet such
standards and was, in fact, adverse to the public interest.
Irvine v. Duval County Planning Commission, et al., 495 So.2d 167
(Fla. 1986), citing Rural New Town, Inc. v. Palm Beach Co., 315
So.2d 478 (Fla. 4th DCA 1975).
The only evidence presented in these proceedings
indicative that the use may adversely affect the use, enjoyment
and value of surrounding properties was the testimony of the two
witnesses who opined that the proposed use would have such an
effect. Neither of these witnesses qualified as an expert, nor
did they present any factual evidence to support their opinions.
Subsequent to the proceedings before the Board, Appellant has
agreed to further limitations in lighting, hours of operation,
buffer zones, parking and landscaping which satisfy all
reasonable objections to this conditional use. Accordingly,
IT IS ORDERED that Manuel Kastrenakas, d/b/a Pinellas
Rent-A-Car, be granted a conditional use permit to operate a car
leasing facility at 2576 Harn Boulevard, Clearwater, Florida,
subject to the following conditions:
1. The applicant shall submit a new site plan meeting
all city paving and?open space standards, or shall obtain a
variance from the Development Code Adjustment Board.
6
2. New site lighting structures shall not exceed eight
feet in height and shall be directed away from the residential
area.
3. The hours of operation shall be limited to 8 a.m.
to 7 p.m.
4. All signs shall conform to city sign regulations.
5. All vehicles stored on this site shall be in an
operating condition; there shall be no storage of vehicles
needing repair, nor shall there be any storage of auto parts of
any kind.
6. This conditional use permit shall be for automobile
rental only; no trucks or other vehicles besides automobiles used
by the car rental agency or its employees shall be parked or
stored on the site.
7. All requirements for landscaping under the current
Section 136.123 of the Land Development Code shall be met,
including perimeter and interior landscaping requirements. These
requirements shall include a 10-foot buffer strip which shall be
augmented with an additional 5 feet of buffering for a total of
15 feet buffer between the multifamily development to the west
and the subject property, as well as a 5 feet landscaped strip
along Harn Boulevard and between the commercial development to
the east and north. The landscaping shall be approved by the
City's Urban Forester.
The west property boundary buffer shall consist of at
least the following: A row of trees planted 3 feet from the west
property boundary, starting 5 feet from Harn Boulevard and spaced
7
at 20 foot intervals along the west boundary; a second row of
trees planted 12 feet from the west boundary starting 15 feet
from Harn Boulevard and spaced at 20 foot intervals along the
west boundary; and a row of shrubs planted at 3 foot intervals or
at least 13 every 40 feet starting immediately adjacent to Harn
Boulevard right of way. The trees shall consist of either
Hollies, Red Cedars, or Live Oaks, and the shrubs shall be either
Sweet Viburnum or Photinia.
8. The dumpster, if one is needed, shall be located in
the northeast corner of the site.
9. No vehicle repairs shall be done on site (indoor or
outdoor).
10. The requisite building permit shall be obtained
within 6 months of the date of this public hearing.
11. The requisite occupational license shall be
obtained within one (1) year of the date of this public hearing.
DONE and ORDERED this 13th day of December, 1990, in
Tallahassee, Florida.
/. N. YE
Hearing Oicer
Division of Administrative Hearings
The Desoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
(904) 488-9675
Filed with the Clerk of the
Division of Administrative Hearings
this 13th day of December, 1990.
8
NOTICE OF RIGHT TO JUDICIAL REVIEW
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED
TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES.
REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE
PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF
A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DIVISION OF
ADMINISTRATIVE HEARINGS AND A SECOND COPY, ACCOMPANIED BY FILING
FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST
DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE
DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE
FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
Copies furnished to:
Louis Bakkalapulo, Esquire
Thomas G. Hersem, Esquire
400 Indian Rocks Road
Suite C
Belleair Bluffs, FL 34640
M. A. Galbraith, Jr., Esquire
City of Clearwater
Post Office Box 4748
Clearwater, FL 34618
Cynthia E. Goudeau
City Clerk
City of Clearwater
Post Office Box 4748
Clearwater, FL 34618
Scott Shuford
Planning Manager
City of Clearwater
Post Office Box 4748
Clearwater, FL 34618
9
Xcl, "U/,3
.JUL 1 3 1990
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RECEIVED
,JUL 16 1990
PLANNING & URBAN
DEVELOPMENT DEPT.
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