07/03/1990 MINUTES
PLANNING & ZONING BOARD
TUESDAY, JULY 3, 1990
Members Present: Chairman Johnson, Ms. Nixon (arrived 1:35 p.m.), Messrs. Mazur, Schwob, Ferrell, Hamilton and Gans
Also Present: James M. Polatty, Director of Planning and Development
Scott Shuford, Planning Manager
Chairperson 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. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton to approve the minutes for June 5, 1990 and June 19, 1990 as corrected. Motion carried unanimously (6 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED
AND CONTINUED ITEMS:
1. CONTINUED FROM JUNE 5, 1990
Lots 1-20, Blk. 5, Revised Plat of Brookwood Terrace (1315 Cleveland Street)
Michael E. Lewis, Trustee (Brasfield Properties, Inc.), CU 90-37
Request - To permit indoor storage/warehousing (mini-storage)
Zoned - CG (General Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford advised this item was continued so that staff could meet with the applicant
to discuss site design issues. Mr. Shuford stated that staff concerns regarding this proposed use include the applicant's proposed .64 floor area ratio (zoning regulations permit only
.4), and the proposed 47% building coverage (Code permits 40%).
Curtis DeYoung, 802 No. Belcher, applicant's representative, stated that this proposed Dollar Storage facility will be nicely landscaped with trees and other vegetation which will be
maintained in good condition. Surrounding areas are multi-family and storage space is greatly needed and this facility would be of service to the community. Mr. DeYoung presented to
the Board an artist's rendition of the proposed site showing a typical Dollar Storage Development and noted this facility will be completely climate controlled passive storage use only.
Mr. DeYoung noted they have not received any objections from surrounding neighbors or businesses.
In response to questions by Board members Mr. DeYoung stated there will be from 600-650 rental units, the hours of operation will be 7:30 a.m. to 7:30 p.m., no businesses will be allowed,
no one will live on the premises, and that the gate will be closed and the business secured daily at closing.
Mr. DeYoung stated that although staff is recommending denial, if the Board would approve the conditional use, the applicant is willing to work with the Board to meet any requirements
they may have.
Ms. Nixon asked if the applicant would be willing to conform to the 40% building coverage required by City Code. Mr. DeYoung replied that it would not work economically to build and
support the business with less than the 47% proposed.
Discussion ensued with the Board members addressing concerns including the following: the use being compatible/incompatible with the neighborhood, inappropriate use due to the entry
into downtown Clearwater, the need for variances, and the intensity of the proposed use.
Motion was made by Ms. Nixon, and seconded by Mr. Hamilton, to deny the above request as recommended by staff as follows: it does not appear to be supported by the Standards for Approval
of Section 137.011(d). Specifically, the proposed use does not appear to meet the following Standards for Approval: (2) The use complies with all other applicable provisions of this
development code; (4) The use is consistent with the community welfare...; (5) The use shall not unduly decrease the value of neighboring property; and (6) The use shall be compatible
with the surrounding area... The motion to deny was carried in roll call vote 5 to 2.
2. CONTINUED FROM JUNE 19, 1990
Lots 1-4, Lots 8-10 and Lots 45-52, Blk. C, Belmont 2nd Addn. (845 Woodlawn St.), Woodlawn Church of God, CU 90-40
Request - To permit non-commercial parking
Zoned - P/SP (Public/Semi-Public) and
RM-8 (Multiple Family Residential
Mr. Shuford advised the Board that new information had been reviewed since this item was continued from the June 19, 1990 and that the applicant has decided to pursue rezoning and has
requested this application be withdrawn.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to withdraw the above request. Motion carried unanimously (7 to 0).
C. CONDITIONAL USES:
1. M&B 33.02, Sec. 28-28S-16E, (2508-A McMullen Booth Road), John Hancock Mutual Life Insurance Co./C.S.I. Munchies, Inc. (Munchies Cafe), CU 90-42
Request - 2-COP (On-premise consumption of beer and wine)
CHANGE OF BUSINESS OWNERSHIP and EXPANSION
Zoned - CC (Commercial Center
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. In addition to the staff report, Mr. Shuford added that the Traffic Engineer noted there
is a potential problem with the location of the outdoor seating at the terminus of the driveway access.
Jan Costello, 2670 McMullen-Booth Road, applicant, stated when purchasing this business the patio was already in existence and part of the business, which included the patio equipment
and railing. Ms. Costello stated she obtained all licenses which were posted when the purchase was made. She advised that Munchies has been operating successfully for 2 months without
incident, it is compatible with the area, many improvements have been made, and that it is a family type operation.
In response to questions by the Board, Ms. Costello stated that Rutenburg Management Co. did not advise her of the conditional use requirements and that presently the hours of operation
are as follows: usually closed by 10:30 p.m. on weekdays, and by 12:00 midnight on weekends.
In support of the applicant, Mr. Albert C. Sprankle, 121 No. Osceola Avenue, stated he is the agent for Lee Arnold & Associates and is serving as project manager for the subject property
which is owned by John Hancock Insurance Company. He advised that steps were taken immediately in an attempt to resolve the problems with Munchies Cafe. In checking with the other
tenants in the plaza, Mr. Sprankle advised they were in favor of Munchies Cafe and support approval of this request.
Discussion ensued with the Board members regarding the necessity of variances and outdoor seating.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell to approve the above request subject to the following conditions: 1) The applicant shall obtain a variance from the Development
Code Adjustment Board to resolve the parking deficiency associated with the outdoor seating if necessary; 2) The requisite occupational license shall be obtained within six (6) months
of the date of this public hearing; and 3) Access issues associated with handicapped parking ramp shall be resolved by the Traffic Engineer. Motion carried
unanimously (7 to 0).
2. Lot 17, Island Estates Unit 5A, (222 Dolphin Pt. Dr.) Mounir & Nagwa Agaiby and Nabil & Samia Assaad (Murphy Marine), CU 90-43
Request - To Permit Marina Walkouts and Tie Poles
Zoned - RM-20 (Multiple Family Residential and AL/C (Aquatic Lands/Coastal)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Michael W. Murphy, 770 Island Way, #204, representative of the applicant, stated there are no existing docks or tie poles at the subject property. Mr. Murphy read a letter from the
property management company, Ocean Seven Realty, stating the boat slips are intended for the exclusive use by the owners and residents of the complex at 222 Dolphin Point, Clearwater.
Mr. Murphy added that the Harbormaster had no objection to this request.
No persons appeared in support of or in opposition to the above request.
Discussion ensued with the Board addressing the usage of the proposed boat slips.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1) The applicant shall file application with the Pinellas
County Water and Navigational Control Authority; 2) The applicant shall obtain requisite building permit within six months of this public hearing; 3) The marina shall be utilized exclusively
for the residents of the condominium; and 4) Renting, sale or usage of slips to non-residents and/or live-aboards shall be prohibited. Motion carried unanimously (7 to 0).
3.M&B's 33.03 & 33.04, Sec 17-29S-16E, (1051 U.S. Highway 19 S) Gateway Marine, Inc./Gateway Investments (Maximo Motors), CU 90-44
Request - 1) Vehicle Service;
2) Outdoor Retail Sales, Displays and/or Storage
Zoned - CH (Highway Commercial)
Mr. Polatty stated a letter was delivered to this meeting by the City Clerk's office from Mr. Mark Llewellyn, applicant's representative, requesting continuance of this request to the
July 17, 1990 meeting, to allow applicant time to respond to staff comments.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell to continue the above request to the July 17, 1990 meeting. Motion carried unanimously (7 to 0).
4. Lots 1 and 2, Blk. I, Skycrest Unit 9, AND part of Tract A, Central Park Resub,
(2045 Drew Street) Skycrest United Methodist Church, Inc., CU 90-45
Request - Child Daycare EXPANSION
Zoned - P/SP (Public/Semi-public)
Alan Gaylord, 1323 Hamlin Drive, applicant, stated that currently the church is operating a one day, one morning program, called Mothers Morning Out, on Wednesdays from 9 a.m. to 1 p.m.
for infants through 5 year olds and proposes to expand program to 3 days a week, Mondays, Wednesdays, and Fridays for 2-5 year olds, and keep the infant program on Wednesdays. Mr. Gaylord
noted that the program started with only 3 children and has grown to 15. The children will not be near residential areas, and that the playground will face Drew Street and gates will
be secured to protect the children from the street.
In response to questions by the Board, Mr. Gaylord stated his Pinellas County license is limited to 3 days a week, 4 hours a day and to expand the program further would require re-licensing
by the County.
Discussion ensued with the Board addressing the restriction of hours of operation. The consensus of the
Board was not to limit the hours and/or days of operation as a condition of approval so that if the applicant wished to expand the program further, it would not require another conditional
use application to do so.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, and seconded by Ms. Nixon, to approve the above request subject to the following conditions: 1) The requisite County permit and City occupational license
shall be obtained within six (6) months from the date of this public hearing, and 2) The use shall be limited to regulations under the Pinellas County Child Care License. Motion carried
unanimously (7 to 0).
D. Chairman's Items
E. Director's Items
1. Alcoholic Beverage Sales - Land Development Code Amendments
Mr. Shuford reviewed with the Board handouts with suggested Land Development Code Amendments (copy attached), item by item. The Board members provided input and made suggestions for
amendments to the staff recommendations.
F. Board & Staff Comments
Board members brought to the attention of Mr. Polatty and Mr. Shuford several problems they have observed requiring investigation in regard Code Enforcement (a detailed list of items
discussed is attached).
Meeting adjourned at 4:15 p.m.