10/13/1992 MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, OCTOBER 13, 1992 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Chairman Mazur, Messrs. Bickerstaffe, Carassas, Hamilton, Merriam, and Savage
Members Excused: Ms. Martin
Also present: Scott Shuford, Planning Manager
Sandra Glatthorn, Senior Planner
Doreen Feldhaus, Recording Secretary
Vickie Davenport, Staff Assistant II
ITEM
A. APPROVAL OF MINUTES
A motion was made by Mr. Carassas, and seconded by Mr. Savage to approve the minutes of September 29, 1992. Motion carried unanimously (6 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. (Continued from 9/29/92)
M&B 14.11, Sec. 18-29-16 (20866 US 19 N), Russell and Barbara J. Dilley, Trustees (Personalities), CU 92-68
Request - To permit on-premise consumption of beer and wine
Zoned - CH (Highway Commercial)
Mr. Shuford advised that staff is recommend continuance to allow the Police Department to complete their background investigation; and to allow time for the applicant to submit additional
information requested by staff.
A motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe to continue this request to the November 3, 1992 meeting. Motion carried unanimously (6 to 0).
C. CONDITIONAL USES:
1. M&B 33.02, Sec. 28-28-16 (2516-B McMullen Booth Road), John Hancock Mutual Life Ins. Co. (Hancock Realty Investors, Inc., d/b/a/ Bentley's), CU 92-62
Request - To permit on-premise consumption of beer, wine and liquor
Zoned - CC (Commercial Center) & OL (Limited Office)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Applicant, Viken Gosdanian, 2504 Bay Blvd., Indian Rocks Beach, stated he has had 15 years experience in restaurant work and four years as an owner and would like the Board to approve
this request.
In response to questions by the Board, Mr. Gosdanian stated that there are no changes planned to the business or the fine dining menu.
Pro: None
Con: None
A motion was made by Mr. Hamilton, and seconded by Mr. Carassas to approve the request subject to the following condition: The requisite occupational license shall be obtained within
six months from the date of this public hearing.
2. Lot 7, Blk. D, Island Estates of Clearwater Unit 5 (205 Windward Passage), City of Clearwater (Island Estates Marina Station expansion), CU 92-69
Request - To permit marina facilities for 76 boat slips
Zoned - CG (General Commercial) & AL/C (Aquatic Lands/Coastal)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Discussion ensued regarding parking and required variances associated with this site.
Applicant's representative William Held, Harbormaster for the City of Clearwater, stated this is an extension of existing facilities on Island Estates. It will be unstaffed, there will
be no liveaboards, and that no dredging is required. Mr. Held stated that the slips will be rented to private tenants and there will be no commercial activities. Mr. Held added that
they plan to install a sewage pump out station. He noted that the site presently is a vacant lot which will become parking and will be landscaped according to City code requirements.
Mr. Held stated that the variance of two parking spaces is necessary to provide the required clear space.
In response to questions by the Board, Mr. Held stated that this is located inside the reverter and within City controlled bottom land. Mr. Held also responded that these slips are
35 feet long and there will be a combination of motored and sailing vessels.
Mr. Held stated that boat owners will more than likely want cradlelifts, and that they will have to obtain the required permits. He will propose a blanket conditional use permit at
a later date.
Discussion ensued regarding a blanket approval for cradlelifts for this site.
Mr. Held stated that the number of slips is based on number of parking spaces. Parking on the site lot will require a parking permit, which will be enforced by the Police Department.
Mr. Shuford added that this permitted parking will reduce parking requirements since only cars with permits are allowed to park there.
Discussion ensued regarding parking problems in the area.
Pro: None
Con: None
A motion was made by Mr. Hamilton, seconded by Mr. Savage, to approve the request subject to the following conditions: 1) The applicant shall obtain a building permit within one year
of this public hearing; 2) All marina facility lighting shall be directed away from residential land uses; 3) The applicant shall obtain the necessary parking and or clear space variances
from the Development Code Adjustment Board, or applicant shall modify the site plan so that variances are not necessary; and 4) No habitable buildings or structures shall be constructed.
Motion carried unanimously (6 to 0).
3. Lots 8 thru 11 and riparian rights, Blk. C, Bayside Sub No. 5 (655 S Gulfview Blvd.), Alpha Beach Resort, Inc. (Gulf Sands Beach Resort), CU 92-70
Request - To permit on-premise consumption & package sales of beer, wine & liquor
Zoned - CR-28 (Resort Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Applicant's representative, Tom Nash, 400 Cleveland St., stated the applicant is seeking a conditional use approval due to change of ownership.
Mr. Mazur stated that the application indicates Mr. Cline is the representative rather than the law firm; and, therefore, Mr. Nash is not authorized to represent the applicant. It was
the consensus of the Board, that the McMullen, Everett, Logan, Marquardt & Cline law firm should send a follow up letter authorizing Mr. Nash to be the applicant's representative in
this case.
Pro: None
Con: None
A motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe to approve the request subject to the following conditions: 1) The application shall be corrected to accurately
reflect the interior floor area; 2) The requisite occupational license shall be obtained within six months from the date of this public hearing; and 3) A letter shall be submitted
to the Planning and Development staff from the law firm of McMullen, Everett, Logan, Marquardt & Cline authorizing Mr. Nash to represent the applicant in this case. Motion carried unanimously
(6 to 0).
4. M&B 44.03, Sec. 31-28-16 (25000 US 19 N), PPS Interest (The Rack Shack), CU 92-71
Request - To permit on-premise consumption of beer & wine
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. He noted that one letter of objection had been received by staff from Mr. Ralph J. Ball
who expressed concerns including the offensive odor associated with the restaurant and excessive traffic in the area for Hillcrest Villas residents.
Discussion ensued regarding parking, entertainment, and the hours of operation as stated on the application.
Applicant's representative Matthew Sowell, 1408 Marjohn St., stated this establishment is not a bar, it is a BBQ restaurant and that the only reason they are requesting alcoholic beverage
sales is due to customers requesting to purchase beer along with their food. Mr. Sowell stated their operation is not similar to the Hard Times Cafe, and that the previous problems
expressed by local residents have been resolved.
In response to questions by the Board, Mr. Sowell stated that they will sell beer by bottle only, not by the pitcher; and that the hours of operation will be Sunday through Thursday
from 11:00 a.m. to 11:00 p.m. and Friday & Saturday from 11:00 a.m. to 1:00 a.m. Mr. Sowell stated that they have a small meeting room that seats 25 people and they would like to use
that room for a television for sports games. Mr. Sowell responded that the manager will be Steve Bertoni who has had 10 years experience.
Pro: None
Con:
Ralph Ball, 240 Bayshore Blvd., stated he had written the letter Mr. Shuford mentioned. He stated that he had lived there and couldn't take the odors from the restaurant and the obscenities
of the patrons. Mr. Ball also expressed concern with the problems with the entrance, and felt it is not fair to Hillcrest Villas to share the entrance. He added that 65,000 cars a
day pass there, and to add people drinking to that traffic volume is not safe.
Discussion ensued with the Board discussing requiring the establishment to be family type restaurant, a sportsbar theme, and the ingress/egress problem.
A motion was made by Mr. Hamilton, and seconded by Mr. Savage, to approve the request subject to the following conditions: 1) The requisite occupational license shall be obtained within
6 months from the date of this public hearing; 2) The sale of beer and wine shall be restricted to consumption on premises with no package sales; 3) The applicant shall obtain approval
from the City Commission for any requisite separation
variance; 4) The shall be no outdoor seating and no entertainment; 5) The sale of beer and wine for on premises consumption shall be prohibited after the hours of 11:00 p.m. Sunday
through Thursday, and 1:00 a.m. on Fridays and Saturdays; and 6) No deliveries shall be made before 7:00 a.m. or after 10:00 p.m. Motion carried unanimously (6 to 0).
5. M&B 11.01, Sec. 8-29-16 (2907 SR 590 #1), Mission Hills Plaza Venture (John & Cynthia Nadeau/Johnny's Italian Restaurant), CU 92-72
Request - To permit on-premise consumption of beer & wine
Zoned - CN (Neighborhood Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Applicant's representative John Nadeau, 110 Kendale Dr, Safety Harbor, stated the request is to increase seating space by 1/3 from 2,400 sq. ft. to 3,280 sq. ft. He noted that he has
been in business in Clearwater for 12 years, and in Mission Hills Plaza since 1986. Mr. Nadeau explained he is expanding due to popularity of the restaurant, especially on Friday and
Saturday nights. He added that his business records are flawless and has no police record whatsoever. Mr. Nadeau felt he has helped the plaza as the former use was a convenience store.
Mr. Nadeau stated he felt that he should be allowed to continue package sales, which is allowed on the 2COP license, which he does currently on a very small scale.
Pro: None
Con: None
Mr. Shuford stated the request could be readvertized if the applicant wants to include package sales, or the applicant could file a separate application for the package sales, or the
request could be continued to allow the applicant to modify it.
Mr. Nadeau stated he would rather continue the request to the November 3, 1992 meeting.
A motion was made by Mr. Bickerstaffe, and seconded by Mr. Hamilton to continue the request to November 3, 1992. Motion carried unanimously (6 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. Blk. A, Lot 2, Clearwater Highlands Unit A, (1867 East Dr.), Lillian F. Lee, A 91-11, LUP 91-12
LAND USE PLAN AMENDMENT: From Unclassified to Low Density Residential
ZONED: RS-8 (Single Family Residential)
Mrs. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation.
Pro: None
Con: None
A motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to recommend the City Commission approve the Annexation, Land Use Plan classification of Low Density Residential, and
Zoning classification of Single Family Residential (RS-8). Motion carried unanimously (6 to 0).
2. Lot 17 & part of Lot 2, William Brown's Sub of Bayview, Bay Breeze Trailer Park (2975 Gulf to Bay Blvd), William & Virginia Kirkpatrick, A 92-11, LUP 92-18
LAND USE PLAN AMENDMENT: From Unclassified to Medium Density Residential
ZONED: RMH (Mobile Home Park)
Mrs. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation.
Pro: None
Con: None
Applicant, William Kirkpatrick, 2975 Gulf to Bay Blvd., stated that he built the park 39 years ago, most of the park is in the city now, and that he would like to annex the remainder
of the park into the City and hook up to City sewer.
A motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe, to recommend the City Commission approve the Annexation, Land Use Plan classification of Medium Density Residential,
and Zoning classification of Mobile Home Park (RMH). Motion carried unanimously (6 to 0).
REQUEST FOR LAND USE PLAN AND ZONING ATLAS AMENDMENTS:
3. M&B 32.01, Sec. 6-29-16, and a portion of vacated Pinellas Groves easement in Sec. 1-29-15 (2201 Sunset Point Road), Sun Bank of Tampa Bay, LUP 92-14; Z 92-08; PSP 92-10
LAND USE PLAN AMENDMENT: From Residential/Office to Commercial Tourist Facilities
ZONED: From OL (Limited Office) to CPD (Commercial Planned Development)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Applicant Ted Taub, 100 So. Ashley Dr. Suite 1940, Tampa, stated he represents the current property owner, Sun Bank. He stated that this site is located at a highly commercialized intersection
and that the request is not inconsistent with the zoning. Mr. Taub stated he felt staff's recommendation is incorrect, that the request is consistent with the standards for approval.
Mr. Taub showed maps of Countywide Future Land Use Plan, pointing out the site and surrounding uses on the maps, and gave the Board members copies of the site plan.
Mr. Taub added that they have no problem with the conditions staff is recommending should the Board approve the request.
Trish Muscarella, 1550 So. Highland Ave., stated they have met with staff regarding redevelopment of this intersection. Ms. Muscarella stated the property was developed with the Sun
Bank building in 1982 and operated as such through December of 1984, and 1985 through 1988 it was operated as Pinellas County Teachers Credit Union, and has been vacant ever since.
Ms. Muscarella discussed the landscaping and greenspace situation on this site. Ms. Muscarella showed an aerial photo of the scenic non-commercial corridor, and she pointed out that
Sunset Point Road will be widened beginning 1993. She stated that the County has agreed to enter in to an agreement to provide landscaping for the right-of-way, and that she has no
objection to the two conditions staff is recommending; however, she would like to add: execute the utility and maintenance agreement with the County to be completed at the time construction
is final. Ms. Muscarella showed a rendering drawn to scale of the proposed development, showing landscaping and that the sign is conforming.
She stated there will be a parking variance required, and noted that the development was unanimously approved at D.R.C. review.
Mr. Mazur stated that King Engineering does not work for this applicant, however they do work with the County, therefore declared a conflict and will not participate in the discussion
or vote.
Steve Henry, Links and Associates, 15100 West Kennedy Blvd., Tampa, stated Sunset Point Road will be widened to 4 lanes in fiscal year 92/93, plans are complete and permits are being
procured for construction. Mr. Henry added that Belcher Road is also scheduled for widening to 6 lanes in 1995/96, from NE Coachman to Sunset Point Road. He showed a comparison of
the traffic of a bank vs. that of a convenience
store/gas station at this location, with the bank being greater traffic generator. Mr. Henry also showed a level of service chart and compared the traffic generation and levels of service
for Sunset Point Road and Belcher Road. He stated both are at an acceptable level of service for a convenience store/gas station use.
Mr. Taub stated he felt all criteria of Clearwater's code have been met, and that the use is consistent with the area and will enhance the corridor.
In response to questions by the Board, Mr. Taub stated that the landscaping in the triangular area will be maintained by the County.
Pro: None
Con: None
Board discussion included the enhancement of the intersection and parking requirements for this use.
A motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe to recommend the City Commission approve the Annexation, Land Use Plan classification of Commercial Tourist Facilities
and Zoning classification of Commercial Planned Development, subject to the following conditions: 1) The only permitted uses for this site shall be: gasoline stations, indoor retail
sales, and accessory uses; and the only allowable conditional use shall be alcoholic beverage sales (package sales); 2) Landscaping shall be installed as proposed on the preliminary
site plan, as may be modified with the concurrence of the Development Review Committee, in keeping with the County's consultant's proposal that this section of Belcher Rd. be designated
as an "Enhancement Corridor." Such landscaping shall meet or exceed Code requirements; 3) Applicant shall execute a utility and maintenance agreement with Pinellas County to install
and maintain landscaping in the public right-of-way consistent with the submitted site plan; and 4) If necessary, the applicant shall obtain any needed variances from the Development
Code Adjustment Board. Motion carried 5 to 0, with one abstention (Mr. Mazur).
Mr. Carassas left the meeting at 3:45pm.
AMENDMENTS TO THE COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT CODE:
4. The City of Clearwater proposes to adopt the following amendments to the Comprehensive Plan and Land Development Code that affect all properties within the area shown on the map in
the advertisement. This area includes all properties currently within the City limits of the City of Clearwater as well as the Clearwater Planning Area.
COMPREHENSIVE PLAN MAP AMENDMENT
The Land Use Plan classifications of all properties within the City limits of Clearwater are proposed to be amended.
COMPREHENSIVE PLAN TEXT AMENDMENT
The City of Clearwater proposes to amend Objective 3.2.1. of the Future Land Use Element of the text of its Comprehensive Plan as described below.
Amendment to Objective 3.2.1. revising the number of Land Use Plan categories from 10 to 22 and to modify densities and FAR's - floor area ratios and establish ISR's - impervious surface
ratios.
LAND DEVELOPMENT CODE AMENDMENTS
An Ordinance (proposed) of the City of Clearwater, Florida, relating to the Land Development Code; amending or creating various Sections within Chapter 135, Code of Ordinances, to
revise the
correlation of the Zoning Districts with the Comprehensive Plan; to create a new Single Family Residential "One" District, a new Multiple Family Residential "Ten" District, and new Research,
Development, and Office Park, Public/Semi-Public and Urban Center Planned Development Districts; to revise the allowable density, open space, and floor area ratio requirements of various
Zoning Districts; to consolidate to Aquatic Lands/Coastal and Aquatic Lands/Interior Districts into a new Preservation District; to create the Activity Center/Primary and Activity Center/Secondary
Overlay Districts; and to calculate residential density on the basis of gross density, rather than net density; amending Section 136.011, Code of Ordinances, relating to transfers of
density across the Coastal Construction Control Line and other areas; amending Section 136.012, Code of Ordinances, relating to density of Townhouse Developments; amending Section 136.014,
Code of Ordinances, relating to floor area for hotel and motel units; amending Section 136.021, Code of Ordinances, relating to density for Recreational Vehicle Parks; amending Section
136.029, Code of Ordinances, to refer to Preservation Districts instead of Aquatic Lands Districts; amending Section 137.005, Code of Ordinance, relating to definitions; amending Section
137.015, Code of Ordinances, relating to the standards for approval for Zoning Atlas Amendments; amending Section 137.016, Code of Ordinances, to refer to the "Countywide Planning Agency"
rather than the "County Planning Council;" repealing Sections 135.171, Code of Ordinances, relating to the Aquatic Lands-Interior District; providing an effective date.
Ms. Glatthorn explained the Consistency Program to the Board members. Ms. Glatthorn stated that staff had not received any correspondence or phone calls from the public regarding this
item.
Pro: None
Con: None
Discussion by the Board and staff ensued. Staff explained in detail the reasons for the changes, and the Pinellas Planning Council's (P.P.C.) Rules and the State Legislation that brought
about these changes. Ms. Glatthorn showed tables and maps indicating the current standards, and what is being proposed as part of the P.P.C. Consistency Program.
A motion was made to deny endorsement to the City Commission of the amendments by Mr. Hamilton, and seconded by Mr. Bickerstaffe for the following reasons:
( Certain land uses need to be better reflected on the map (one example was that the industrial area north of the Airpark should be classified the same as and become a part of the Airpark
site and not be allowed to be developed as an industrial use);
( The Countywide Rules are adding an unnecessary level of bureaucracy to the review process which is a burden for applicants and staff, thereby a waste of taxpayers' money;
( The PPC should have addressed all of the local communities' concerns, including being less restrictive in some of the classifications such as in the case of the maximum 95% ISR requirement
in the Resort Facilities High classification, which restricts future development in the Beach Commercial area on Clearwater Beach to a 5% open space requirement where 0% is currently
required by code, and the maximum .65 FAR requirement in the Institutional classification which restricts future expansion of the Morton Plant Hospital as the current City requirement
is a maximum 1.0 FAR, and further by adding an additional step to resolve these development constraints, that being the Activity Center overlay;
( The program is making too many properties nonconforming (because the local communities' requirements were not taken into consideration); and
( There are other ways to address some of the regional impacts of local development such as concurrency.
Motion carried unanimously (5 to 0).
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
G. BOARD AND STAFF COMMENTS
Meeting adjourned 4:58 p.m.
_____________________________________________________________
James M. Polatty, Jr., Director of Planning and Development