10/16/1990 MINUTES
PLANNING & ZONING BOARD
TUESDAY, OCTOBER 16, 1990
Members Present: Chairman Johnson, Ms. Nixon, Messers. Ferrell, Mazur, Schwob and Hamilton
Members Excused: Mr. 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. APPROVAL OF MINUTES
Motion was made by Mr. Hamilton, and seconded by Mr. Schwob, to approve the minutes of the meetings of September 4, 1990 as written and September 18, 1990 as amended. Motion carried
unanimously (6 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. Lot 1 and part of Lot 2, Blk B-1, Maryland Sub., located on the east side of S. Greenwood Ave. approximately 175 feet south of Turner St. (Jaquier Investments Inc.), Z 90-07, LUP
90-16
LAND USE PLAN:
FROM: High Density Residential
TO: Residential/Office
ZONING ATLAS:
FROM: RM-28 (Multi-Family Residential
TO:OL (Limited Office)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Donald J. Sykes-Free, 1715 Woodridge Dr., architect representing the applicant, stated that through a market study of the area, it was determined there is a great need for child day
care and the present zoning does not permit that use.
Mr. Schwob stated that the proposed child care use would be a conditional use application and should not be considered for this rezoning request. Mr. Shuford stated the requested zoning
is the least intense that would allow child day care as a conditional use.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above request. Motion carried unanimously (6 to 0).
C. CONDITIONAL USES:
1. Lot 2, Studebaker's Sub. (2516 Gulf-to-Bay Blvd.), Life Savings Bank/Aaron R. Fodiman (Blackpool Palace Ltd. Fla. Inc.), CU 90-65
Request - To permit on premise consumption of beer, wine and liquor
Zoned - CG (General Commercial)
Ms. Nixon stated due to a conflict of interest she will not participate in discussion or vote in this matter.
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford provided a seating plan submitted by the applicant for the Board's cursory
review and advised that staff has not had the opportunity to review it as yet.
Thomas Merrell, 2892 Deer Run, South, Assistant Secretary to Wilder Corp. of Delaware, stated he is representing the applicant and would answer questions for the Board members.
Discussion ensued regarding the availability of the applicant, Ms. Tiffany Wilder, to be present to answer detailed questions. Mr. Merrell stated Ms. Wilder is in a meeting with the
Division of Alcoholic Beverages and Tobacco and therefore could not attend this meeting.
Mr. Merrell stated that they plan to open the business referred to as The Equator. It will be operated as a restaurant & nightclub. He stated there will not be wet T-shirt contests
or "teddy" contests. There will be bikini contests and things of that nature occasionally for special promotions. Mr. Merrell said that they desire to run a clean respectable business
and be a good neighbor and will have security and will police the property daily.
In response to questions by the Board, Mr. Merrell stated Tiffany Wilder, 21, will be operating the business in conjunction with the gentleman who managed the club when it was Studebakers
and that he will be on-site during operating hours; the booths have been reinstalled and they hope to maintain a 50% food/50% alcoholic beverage sales; and that waitress and bartenders
will assist patrons in obtaining a taxi when necessary should they appear to be intoxicated.
Discussion ensued with the Board members expressing concerns including the following: problems with this location when it was Mako's and Studebakers; the length of time for a trial
period and to obtain occupational license; and the seating plan presented.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above request subject to the following conditions: 1) The applicant successfully transfer the 4-COP-SRX Florida
State designated alcoholic beverage license; 2) The applicant obtain requisite occupational license within two (2) months of the date of this public hearing; 3) The sale of alcoholic
beverages shall be restricted to consumption on premises with no package sales; 4) The applicant shall provide proof to the City of Clearwater of an agreement with Florida Power Corporation
to use the Florida Power right-of-way for overflow parking, as well as the agreement/easement for the Republic Bank parking; these agreements/easements must be satisfactory to the City
Attorney prior to issuance of the occupational license; 5) The applicant shall provide the Planning and Development Department with a seating plan which meets the standards described
in the Architectural Graphic Standards manual, American Institute of Architects, for table sizes and aisle widths; this seating plan shall be adhered to at all times by the management
of the proposed nightclub; 6) The requirements of the 4-COP-SRX license shall be adhered to at all times by the management of the proposed nightclub, and a copy of this license shall
be provided to the Planning and Development Department; and 7) This conditional use permit shall be for a nine (9) month trial period from the date of issuance of the occupational license
in order for the applicant's compliance with the City's law enforcement codes during this period to be observed and evaluated. Motion carried unanimously (5 to 0).
2. Part of Lots 14 & 15, Sec. 12-29-15, Pinellas Groves/Northwest corner of Belcher and Range Roads/Weaver Enterprises, Inc., (Florida Realty Fund Two, Ltd.), CU 90-66
Request - To permit vehicle inspection station
Zoned - IL (Limited Industrial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford stated that staff had received a traffic impact study and have not had the
opportunity to evaluate it and recommended this item be continued.
George Deakin, 2240 Belleair Road, of Tampa Bay Engineering, Inc., stated he conducted the transportation analysis submitted to staff and that he has slides to present to the Board.
Discussion ensued regarding the review of this report by Mr. Crawford and Mr. Merrians of the Traffic Engineering Division and whether they could be called for their comments. Mr. Polatty
felt that the study should go through the normal review process allowing the affected departments to review it and provide their comments in writing and would therefore recommended that
the Board continue this item.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to continue the above request subject to the October 30, 1990 meeting. Motion carried unanimously (6 to 0).
3. Lot 7, A.B. and Jennie Cates Sub., 407 N. Osceola Avenue, Salvation Army, CU 90-67
Request - To permit transitional residential shelter
Zoned - RM-28 (Multi-Family Residential)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and advised that one letter in support and one letter of objection had been received.
O. Stephen Thacker, Attorney, representing the Salvation Army, stated they have no objection to staff's
recommended conditions for approval. Mr. Thacker stated there seems to be a misunderstanding in regard to offices. This is request is similar to the request that was approved by this
Board in March of 1989. However, that application asked for 2 offices in the building and the Board was against that. In the current application there are no proposed offices. Mr.
Thacker noted that the application mistakenly stated there will be "9 large apartment buildings" this should have been stated "9 rental apartment units" in one building. The Salvation
Army feels there is a great need for transitional residential shelter in the community, which will not be for single persons, but rather there may be single parents in residence. Mr.
Thacker noted residents will be required to sign a contract with rules and regulations and to pay rent. Mr. Thacker stated the building will be renovated to meet City codes.
In regard to the suggested conditions by the Harbor Bluffs Waterfront Condominium Association, Mr. Thacker stated the funds for the Salvation Army are somewhat limited and discussed
in detail the 7 conditions listed (attached).
In response to questions by the Board, Mr. Thacker stated that child care would be provided off site; there will be no on-site manager; the residents will have a written contract they
must comply with; and no children's playground is planned.
In response to a question by the Board, Mr. Shuford stated this application is necessary due to RM-28 district permits only 6 units, and 9 are proposed; and staff was under the impression
there would be an office on site providing support services to the residents.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above request subject to the following conditions: 1) There shall be no single adults (excepting single parents)in
the facility; 2) The Occupational License shall be procured within 6 months; 3) The social service offices provided shall be clearly accessory to the primary use of the property and
the offices shall serve residents only; 4) The management of the facility shall be under either the direct supervision of the Salvation Army staff or the Salvation Army staff shall otherwise
retain ultimate administrative authority for the facility's management. Motion carried unanimously (6 to 0).
4. Lot 1 and Part of Lot 3, Clearwater Industrial Park Replat/2140-2146 Sunnydale Blvd.,
Zarvalas Enterprises, Inc., CU 90-68
Request - To permit the placement of a trailer for night watchman
Zoned - IL (Limited Industrial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation and advised that one letter of support had been received since the mailing of the Board
packets.
Zisimos A. Zarvalas, 300 So. Nimbus, stated he is the owner of the property and his tenants as well as the tenants of the surrounding buildings desire to have the trailer for the night
watchman. Mr. Zarvalas stated the watchman provides protection and security for his building and the other buildings as well.
In response to questions by the Board, Mr. Zarvalas stated the trailer would be used for an office for the watchman only and not for living quarters.
Mrs. Vera McGinnis, 2101 Sunset Point Road, #701, representing Raintree Village Condominiums, stated that their southernmost units are very close to the fence that separates the industrial
park from the condominiums and they are concerned about where the trailer will be located, the height of the trailer, and noise. Ms. McGinnis presented a letter from June Fischer, President
of the Raintree Village Condominium, Inc. which outlines the concerns Ms. McGinnis spoke about.
Frank Kunnen, 22067 U.S. 19, in opposition, stated that there is an office in the building on the property that can be used for a night guard, and that the trailer is already in place.
He noted that there are protective covenants on this property which establish strict setback requirements, and these requirements should be enforced by the City of Clearwater. Mr.
Kunnen felt since there is available office space in the building that could be used for the purpose of the night watchman, the trailer is not necessary. He asked the Board to deny
this request.
Ronald Nisk, 2380 Campbell Road, stated he is the owner of a building adjacent to the subject property, and felt that trailers should not be allowed in the Clearwater Industrial Park.
Mr. Nisk stated he agreed with Mr. Kunnen that using an office in the building should be sufficient for a watchman. Mr. Nisk presented a copy of the Protective Covenants enacted by
City pertaining to all property in the Clearwater Industrial Park, dated June 10, 1957, for a period of 50 years, and can be extended for an additional 25 years. Mr. Nisk discussed
at length various factors of the covenants and asked the Board deny this request.
In rebuttal, Mr. Zarvalas stated he agrees with Ms. McGinnis as to the importance of peace and quiet which is what he wants to accomplish. Mr. Zarvalas stated he has greatly improved
the property which benefits the entire community. He added that the trailer is not against the fence, it is about 8 to 10 feet away from the fence.
In response to questions by the Board, Mr. Zarvalas stated he was aware of the covenants when he purchased the
property and that he could use the office in the building for the watchman if he has no other alternative.
Mr. Zarvalas stated that even if the Board does not give him permission to use the trailer for the night watchman, the trailer will remain there, and that he does not wish to construct
anything permanent.
In response to questions by the Board, Mr. Shuford stated the covenants was not used in consideration of this request and appreciate it being brought to staff's attention. He asked
that the Board continue this item to allow staff time to review and consider the covenants.
Discussion ensued regarding the covenants and continuing of this item to allow staff ample time to review and research it.
Ronald Nisk, stated that according to the covenants with the City of Clearwater it takes 75% of the fee simple owners of the property subject to the covenants to release any portion
of the covenants and it is not the authority of this Board to do so.
Mr. Shuford stated that the Planning and Zoning Board had no intention of attempting to modify the covenants. The continuance of this item is to just allow staff the opportunity to
review the covenants and report back to them.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to continue the above request to the meeting of October 30, 1990. Motion carried unanimously (5 to 1), with Ms. Nixon voting
"nay" as she feels the request should be denied regardless of the covenants.
5. Lots 1 and 2, O. Harrington's Sub., 500 N. Ft. Harrison Avenue, Adriano Battaglini, CU 90-69
Request - To permit 1) non-commercial parking, 2) outdoor retail car sales, and 3) vehicle services
Zoned - CG (General Commercial) and RM-28 (Multi-Family Residential)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Adriano Battaglini, 406 Venetian Dr., applicant, stated it is his intention to have a professional looking business to attract clients with certain types of automobiles: Mercedes, Alfa
Romeo, Rolls Royce and the like. He will provide landscaping all around the property. Mr. Battaglini stated he would like to keep 5 to 6 automobiles to display for sale.
In response to questions by the Board, Mr. Battaglini stated he has no objection to the other conditions recommended by staff; repairs will be limited to tune-ups, brakes, electrical
work, etc.
Michael Murphy, 770 Island Way, in support, stated he has taken his cars to Mr. Battaglini for repair and found him to be honest. He felt Mr. Battaglini runs a very clean respectable
business and that he has cleaned up the property considerably and he is an asset to the community and asked the Board approve this request.
David Webb, 500 No. Osceola, in opposition, stated his main objection is the commercial business in a primarily residential area. He stated Mr. Battaglini has been selling cars there
ever since he bought the property and that shouldn't be allowed. Mr. Webb stated he is also in objection to the non-commercial parking. He felt Mr. Battaglini has done a lot of work
to clean up the property, but felt that this use is not compatible to the neighborhood. Mr. Webb pointed out there is a letter from Harbor Bluff's Association with 42 signatures against
this requested use and asked the Board to deny this request.
Discussion ensued regarding Andy's Autos having been investigated by the City Code Enforcement Division for selling cars.
In response to questions by the Board, Mr. Webb stated the following: he does not object to the selling of cars from that location, but it should be limited; he objects to the parking
because placing a fence would create an area where vagrants can hide; and he has experienced a problem in the past with getting Code Enforcement in regard to an abandoned, broken down
truck and fears this parking will be used for the purpose of parking broken down vehicles.
Mr. Polatty advised Mr. Webb to call him directly if he experiences any Code Enforcement problems and that the back part of this lot is zoned RM-28 which needs a conditional use for
non-commercial parking for customers bringing their cars to Andy's Autos, not for storage of cars to be worked on.
Joe Beno, 500 Osceola, in opposition, stated he also owns 511 and 601 Osceola which he purchased for the purpose of improving the surrounding area as these properties had always been
a "pig pen". He stated he has lived in the neighborhood for 13 years and this lot prevents improvement of the neighborhood. Mr. Beno felt that promises to improve this lot had been
made before and not kept and fears this will happen again and that the conditions of approval will not be complied with.
In rebuttal, Mr. Battaglini stated that he purchased the lot at 1216 Ft. Harrison and this lot had been used as a junk yard and he has made tremendous improvements to the property.
Mr. Battaglini stated he caters to customers with expensive foreign cars and will keep the lot clean and maintained, and will not become a junk yard. He presented pictures of a dealership
he owned for 22 years.
In response to questions by the Board, Mr. Battaglini stated he fully understands the recommended conditions of approval, and that he is currently the only employee but plans one additional
employee in the future.
Discussion ensued with the Board members expressing concerns including the following: parking, the sale of vehicles, landscaping, and the length of time for a trial period.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to deny the request for outdoor retail car sales; and to approve the requests for non-commercial parking and vehicle service
subject to the following conditions: 1) The direction of glare of lights from both motor vehicles and illuminating fixtures on the site shall be oriented away from surrounding properties;
2) Perimeter and interior landscaping for Lot 2 shall be provided in conformance with City Code Sections 136.023(c) through (j); 3) The applicant shall provide a five foot wide perimeter
planting strip on Lot 1 along N. Ft. Harrison Ave. to include a three foot high hedge, two shade trees and low volume irrigation; such landscaping shall be installed prior to the issuance
of the requisite certificate of occupancy; 4) All used tires, parts, and similar objects shall be stored in the building or other enclosed structure; 5) All service facilities shall
be indoors; major repairs, including engine or transmission dismantling, painting, body, fender, and muffler work shall not be allowed; 6) Vehicle service work shall be restricted
to 7:00 a.m. - 6:00 p.m. Monday through Saturday, with no service work done on Sundays; 7) All parts shall be stored indoors; 8) The site design shall be approved by the Planning &
Development Director within 2 months of this public hearing; this shall include the parking design meeting all City requirements; and 9) This conditional use permit shall be granted
for a trial period of 1 (one) year at which time this request will be reviewed. Motion carried unanimously (6 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. Part of Lots 14 & 15, Sec. 12-29-15, Pinellas Groves/Located on the north side of Range Road approximately 600 ft. west of Belcher Road, Weaver Enterprises, Inc./Florida Realty Fund
Two, Ltd.
A 90-12, LUP 90-17
Request - Annexation, Land Use Plan & establish Zoning Atlas District
LAND USE PLAN: FROM: Unclassified TO: Industrial
ZONING ATLAS: IL (Limited Industrial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
David Jenkins, 25 - 2nd Street North, St. Petersburg, representing the applicant stated he works for Florida Realty Fund Two, Ltd. and stated he would be glad to answer any questions.
Discussion ensued regarding the operation of vehicle inspection stations.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to approve the above request. Motion carried unanimously (6 to 0).
2. Land Development Code Amendment Required by the Comprehensive Plan: Development Densities Seaward of the CCCL. These proposed amendments prohibit the assignment of density to properties
seaward of the Coastal Construction Control Line in accordance with Comprehensive Plan policies.
Mr. Hamilton stated due to conflict of interest and will not vote in regard to this item.
Mr. Shuford stated staff has conducted a great deal of research on this proposed amendment it came to light that the CCCL is being resurveyed and therefore staff recommends withdrawal
of this proposed amendment at this time.
Motion was made by Mr. Schwob, and seconded by Ms. Nixon, to withdraw the above item. Motion carried unanimously (5 to 0).
E. Chairman's Items
F. Director's Items
G. Board & Staff Comments
Mr. Mazur stated he would like the City Attorney to address two concerns: 1) can persons stating they are the representative of the applicant speak even though their name is not listed
on the application as representative and 2) under what circumstances can a conditional use permit be revoked if conditions of approval are not complied with.
Ms. Nixon felt a different fee should be charged when applicants file for conditional use permits for a use already in progress. Mr. Polatty stated that there is currently a procedure
for building permits that if a project is already in progress a triple permit fee is charged but there is nothing currently in place for conditional use permits.
Ms. Nixon asked whether there can be a police impact fee for alcoholic beverage licenses. Mr. Shuford advised that in the new fee schedule there is an additional $200 for alcoholic
beverage license applications, which involve police background checks.
Ms. Nixon stated there is a business displaying spas outside just west of Howard Johnsons which used to be an exotic car business; Magic Car on Gulf-to-Bay west of Keene has cars for
sale displayed on sidewalks; Island Yacht Club was told July 23, 1990 they needed a conditional use permit and they have not applied; and that St. Cecelia's Catholic Church has repaved
and restriped and does not meet code requirements.
Meeting adjourned at 5:10 p.m.
James M. Polatty, Jr., AICP
Director of Planning & Development