01/02/1990 MINUTES
PLANNING & ZONING BOARD
TUESDAY, JANUARY 2, 1990 - 1:30 PM
Members Present: Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Hamilton, Mazur (arrived at 1:37 PM), and Schwob
Members Absent: Mr. Green
Chairman Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses,
has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings
to support the appeal.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
A. Conditional Uses:
1. (Cont'd from 12-19-89)
Lots 2 and 3, Bamboo Sub. (520 and 522 Bamboo Lane)
SDS Investments (Carlisle Motors)/Emil C. Marquardt, Jr.
CU 89-96
Request - Vehicle Service
Zoned - CG (General Commercial)
Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Richter advised that a telephone call was received by staff from a Mr. McDearmid who is in objection to the above request and who stated he could not be present at this meeting.
After questioning by Ms. Nixon, Mr. Richter stated Lots 2 and 3 do not come into play for meeting open space requirements but staff is suggesting a five-foot landscape buffer.
Mr. Emil C. Marquardt, attorney for SDS Investments, stated future plans include demolishing the existing building and rebuilding something like a "quick lube" facility at the site,
though the building will not be a franchise. He stated applicant has no objection to the recommended conditions except the five-foot landscape buffer as it relates to the subject property
because he felt that condition should be decided by the Development Review Committee. After questioning by Mr. Polatty, Mr. Marquardt stated the only property that was rezoned was a
small strip of land because there was a problem with the atlas maps and measurement from the centerline of the street and there is an 11-foot easement in addition to the 50-foot right-of-way.
After questioning by Mr. Schwob, Mr. Marquardt stated applicant has no objection to major repairs, as stated in the Land Development Code, not being permitted.
Mr. Hank St. Jean, Architect for SDS Investments, clarified the 11-foot easement is a new requirement for all property on both sides of Gulf-to-Bay and the easement is primarily for
utilities. He stated that when Gulf-to-Bay is widened the utilities will already be moved.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) There be only one access to Bamboo Lane, the location and width of
such access to be subject to approval of the Traffic Engineer; 2) Vehicle testing only between 8:00 a.m. and 6:00 p.m.; 3) No openings be provided on the south face of the service building
and the building be located a minimum of 80 feet from the south property line; 4) Landscaping be provided along Bamboo Lane from Gulf-to-Bay Boulevard to the south property line of Lot
3; 5) A five (5) foot high opaque landscaping screen be provided along the south property line; 6) Existing and proposed fences and landscaping be maintained in an orderly manner; 7)
No outside speakers; 8) Any lighting be shielded from the residential areas to the south and east; 9) Landscaping be provided along Gulf-to-Bay in accordance with the standards set forth
in the Development Code; 10) The building permit be obtained within six (6) months; 11) That major repairs as defined in
Section 136.025(c)(27) of the Land Development Code shall NOT BE authorized. After questioning by Mr. Johnson, Mr. Schwob clarified that the condition regarding landscaping along Gulf-to-Bay
is to be included in the motion. Motion carried unanimously (6 to 0).
2. M & B 43.011, Sec. 1-29S-15E (1705 North Hercules Ave.)
Richard & Patricia Naylor/Metzger
CU 90-01
Request - Vehicle Service (Boat Engine Repair)
Zoned - IL (Limited Industrial)
Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Robert G. Metzger, applicant, stated he is requesting approval of inside sales and boat engine repair. He stated the property owner is in agreement with the use of the property and
there is one other boat repair use a few blocks from the subject property. After questioning by Ms. Nixon, Mr. Metzger stated all repairs will be mostly to boats under 20 feet and mostly
outboard motors and the boats can be brought into the building.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above request subject to the following: 1) That the requisite occupational license be obtained within six (6) months;
2) That an opaque landscape screen along Hercules Avenue be provided; subject screen shall be planted in a strip having a minimum width of five feet and shall attain a height of at least
four feet at maturity. Motion carried unanimously (6 to 0).
B. Annexations, Zonings, Land Use Plan Amendments, and Local Planning Agency Review:
1. Sec. 1-29S-15E, Portion of Lots 25 & 26, (Pinellas Groves) & Sec. 12-29S-15E Portion of Lots 6 & 7, and 8 (Pinellas Groves) (Located on the East Side of the Proposed North Keene
Rd Extension where Leo Lane East Terminates)
(City of Clearwater)
A 89-20 LUP 89-16
LAND USE PLAN:
FROM: None
TO: Industrial
The above property is located on the east side of the proposed North Keene Rd extension where Leo Lane East terminates.
Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation.
The City is the applicant.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of the Land Use Plan amendment from none to Industrial. Motion carried unanimously (6 to 0).
2. M&B 34-01, a portion of M&B 34-02 and M&B 21-01, Sec. 17-29S-16E and 20-29S-16E (Located at the Eastern Terminus of Seville Blvd. (Clearwater Seville, Ltd. and AEL Partnership)
A 88-20 LUP 88-11
LAND USE PLAN:
FROM: None
TO: Medium Density Residential
The above property is located at the eastern terminus of Seville Boulevard.
The property owner was not present.
Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation.
After questioning by Ms. Nixon, Mr. Polatty advised that a future Commission could not change the allowable density to a higher density because the County Land Use Plan would rule. He
felt if such a request was put before Pinellas County, it would be denied. He advised State law requires, if a Land Use Plan designation and zoning category are in conflict, the Land
Use Plan takes precedence. Mr. Polatty advised that the property owner is in bankruptcy and a lawsuit is essentially dormant. He also advised State law required the annexation, zoning
and Land Use Plan be in place before building can take plan and currently the property can only be developed under the County RPD-10.
In opposition to the above request, Mr. Roger Estabrook, Building 14, stated he understood Mr. Albrecht asked for a credit of unused zoning and felt the city does not have compatible
Land Use Plan designations. Mr. Johnson clarified that the property has been annexed and a zoning category established and this Board is trying to set a Land Use Plan designation nearest
to the zoning district. Mr. Polatty clarified that if the property has a Land Use Plan of Medium Density Residential in the City and the County Land Use Plan is not changed, the maximum
density allowed would be 10 units per acre. After questioning by Ms. Nixon, Mr. Polatty stated Section 136.011 of the Code allows transfer of density between parcels. He stated the Commission
asked the same question but State law will not allow a higher density.
Mr. Hamilton felt the Land Use Plan was appropriate compared to what is allowed on the currently developed property.
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of the Land Use Plan designation from none to Medium Density Residential with the condition that any proposed
development be limited to the density permitted under the Pinellas County Land Use designation. Motion carried unanimously (6 to 0).
3. Tract A, Pl. Bk 91, Pg. 83 (Landmark Palms Sub.)
(International Landvest, Inc.)
LUP 89-12, Z 89-15
LAND USE PLAN:
FROM: Low Density Residential
TO: Public/Semi-Public
ZONING ATLAS:
FROM: RM-8 (Multiple Family Residential)
TO: P/SP (Public/Semi-Public)
The above property is located on the west side of McMullen-Booth Road, south of Curlew Road and opposite Mease Drive.
Rev. Joseph Diaz, Holy Trinity Episcopal Church, stated the Church wants to make use of the property as retention.
Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of the Land Use Plan amendment from Low Density Residential to Public/Semi-Public and a Zoning Atlas amendment
from RM-8 (Multiple Family Residential) to P/SP (Public/Semi-Public). Motion carried unanimously (6 to 0).
4. Lot 12, (Clearwater Industrial Park)
(UPARC)
LUP 89-13, Z-89-16
LAND USE PLAN:
FROM: Public/Semi-Public
TO: Industrial
ZONING ATLAS:
FROM: P/SP (Public/Semi-Public)
TO: IL (Limited Industrial)
The above property is located at the southwest corner of the Intersection of Calumet Street and Belcher Road.
Mr. James Leach, Executive Director of UPARC, stated UPARC wants to restore the property to its original zoning. After questioning by Board Members, Mr. Leach advised as follows: At
UPARC's new location there will be more floor space and it is nearer to public facilities; and, the subject property is an industrial park and it is not on a bus line. He stated HUD
just gave its conditional commitment on December 28, 1989 for the apartment complex on Highland.
Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, seconded by Mr. Mazur, to recommend approval of the Land Use Plan amendment from Public/Semi-Public to Industrial and a Zoning Atlas amendment from P/SP
(Public/Semi-Public) to IL (Limited Industrial). Motion carried unanimously (6 to 0).
C. Chairman's Items
1. Election of Officers for 1990
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to elect John B. Johnson as Chairman and Brenda Harris Nixon as Vice Chairperson for calendar year 1990. Motion carried unanimously
(6 to 0).
2. Approval of Rules and Regulations
Discussion followed regarding adding "Public Hearing is Closed" after item 10 in Article VI(c) of the Rules and Regulations.
Motion was made by Mr. Schwob, seconded by Mr. Mazur, to approve the Planning and Zoning Rules and Regulations as amended. Motion carried unanimously (6 to 0).
D. Director's Items
Mr. Polatty announced that Scott Shuford will be the new Planning and Zoning Manager and he is scheduled to start January 29, 1990. After questioning by Mr. Mazur, Mr. Polatty advised
that both he and Mr. Shuford, and possibly others, will be attending future Planning and Zoning Board Meetings.
Ms. Nixon expressed concern that, since there was no in-house promotion for the Planning and Zoning Manager position, some of the current staff may consider leaving the City. She felt
the current Staff is very competent and she did not want to see them leave.
F. Board and Staff Comments
Mr. Richter advised that information has been received regarding the request of Phil M. Henderson (CU 89-95) heard on December 5, 1989. He stated it was brought to staff attention that
information received from the State Division of Alcoholic Beverages and Tobacco was incorrect in that it was indicated that the sale of alcoholic beverages would not be permitted while
the ferry was docked on the downtown bayfront; however, it has been ascertained that alcoholic beverages may be purchased while the ferry is docked. Mr. Richter advised this information
is being given to the Board to set the record straight but this new information does not affect the Planning and Development Department's recommendation for approval, nor does the Department
recommend any additional conditions be attached to the approval. Board discussion followed regarding whether it was necessary to add a condition of approval and the Board felt it was
unnecessary as long as alcoholic beverages are consumed on premises. Mr. Polatty stated staff would contact Mr. Henderson to advise him of the Board's discussion.
The Board decided to set a workshop/discussion on the subject of alcoholic beverages for January 16, 1990. The Board felt that the discussion should not be open to the public at its
initial stages or at least until the Board decides in which
direction it wants to proceed with regard to possible changes.
Meeting adjourned at 3:28 PM.
____________________________________________________
James M. Polatty, Jr., AICP, Director
Planning and Development Department