12/15/1992 MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, December 15, 1992 - 2:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Chairman Mazur, Messrs. Bickerstaffe, Carassas, Hamilton, Merriam, Savage, Ms. Martin
Also present: Scott Shuford, Planning Manager
James M. Polatty, Jr., Director of Planning and Development
Sandra E. Glatthorn, Senior Planner
Vickie Davenport, Recording Secretary
ITEM
A. APPROVAL OF MINUTES
1. November 17, 1992 - Motion was made by Mr. Merriam, seconded by Mr. Carassas to approve the minutes as written. Motion carried unanimously (7 to 0).
2. December 1, 1992 - Motion was made by Mr. Carassas, seconded by Ms. Martin to approve the minutes as written. Motion carried unanimously (7 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: NONE
C. CONDITIONAL USES:
1. M&B 33.02, Sec. 28-28-16, Northwood Plaza, (2544 McMullen-Booth), John Hancock Mutual Life Ins. Co. (Hancock Realty Investors Inc./Florida Cuisine/Coral Reef Grill), CU 92-81
Request - To permit on-premise consumption of beer, wine, and liquor
Zoned - CC (Commercial Center) and OL (Limited Office)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Robert Clark, 2842 Countrybrook Cir. #22, Palm Harbor, was present.
Pro: None
Con: None
A motion was made by Mr. Hamilton, and seconded by Mr. Savage to approve the request subject to the following condition: 1) The requisite occupational license shall be obtained within
six months from the date of this public hearing. Motion carried unanimously (7 to 0).
2. Lot 4, Blk 12, Magnolia Park, (625 Franklin St.), Richard and Maxine A. Martincich, (Hub's Hideaway), CU 92-82
Request - To permit on-premise consumption and package sales of beer, wine, and liquor
Zoned - UC(C) (Urban Center Core)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicants, Alice and Fred Burns, 11000 62nd Ave. #203A, Seminole, and Ted Culvertson, attorney, were present. Mr. Burns stated that he has eight years experience in the restaurant
business, six years serving alcoholic beverages with a very clean record. He stated that while other businesses closed and left the downtown area, they stayed.
Mr. Shuford asked Mr. Culvertson if they would like to withdraw the request of package sales for now and return at a later time without being subject to the mandatory nine month waiting
period. Mr. Culvertson stated that they would withdraw the package sales portion of the request at this time.
Pro: None
Con: None
A motion was made by Mr. Hamilton, and seconded by Mr. Savage to approve the request subject to the following conditions: 1) The applicant shall obtain the requisite occupational and
state alcoholic beverages licenses within six (6) months from the date of this public hearing; and 2) The operation is limited to consumption on premises only with no package sales.
Motion carried unanimously (7 to 0).
3. M&B 32.03, Sec.20-29-16, (18825 U.S. 19 N), Crossland Savings, FSB, (Hops Grill & Brewery, Inc), CU 92-84
Request - To permit on-premise consumption of beer, wine, and liquor
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, James Denhardt, 2700 First Ave. N., St. Petersburg, stated that the request is a very limited expansion that was brought before the Board approximately three years ago when
they opened the restaurant. In response to questions by the Board, the outdoor area was discussed allowing customers to take drinks outside from the indoor waiting area. Also stated
was that there are no tables, only benches and they are not proposing to add tables to this area. It is enclosed by railing and planters.
Pro: None
Con: None
A motion was made by Mr. Hamilton, and seconded by Mr. Carassas to approve the request subject to the following conditions: 1) The requisite occupational license shall be obtained within
six months from the date of this public hearing; and 2) There shall be no outdoor speakers or outdoor entertainment. Motion carried unanimously (7 to 0).
4. Unit 212, Skiff Harbour Townhouse Condo (212 Skiff Point), Robert H. McCreary, CU 92-85
Request - To permit marina addition of one boat lift and catwalk extension
Zoned - RM 20 (Multiple Family Residential)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Steven Brunner, 8579 95th Terrace N., Seminole, was present. Discussion ensued regarding the 34' building requirement from the seawall. In response to questions by the Board,
Mr. Shuford stated they meet code requirements, since you are allowed to go a quarter of the width from the waterway. Mr. Shuford stated that the Harbormaster found no problem.
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: 1) The applicant shall obtain the requisite building permit
within six months of this public hearing. Motion carried unanimously (7 to 0).
5. Lot 4, part of Lots 3 and 12, north 30 ft of vacated street adj south of Lot 12, and all of vacated alley between Lots 4 and 12, Blk 17, Milton Park, (615-1 Pinellas St), William
O. Nunamaker, Trustee, (Seitz Auto Service), CU 92-86
Request - To permit vehicle service
Zoned - IL (Limited Industrial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Craig Seitz, 116 Cypress Ct., Oldsmar, stated he is the owner of Seitz Auto Service and that all work will be performed within the building. Questions by the Board regarding
who is responsible for keeping the side of the building facing Pinellas Trail in order. Mr. Seitz stated that he would not be keeping anything stored there.
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) All vehicle service and storage for parts shall be
performed within the building; and 2) The requisite occupational license shall be obtained within 90 days of this public hearing. Motion carried 6 to 0, with one abstention (Mr. Carassass
left room for a brief period).
6. M&B 11.05, 11.06, and 11.061, Sec. 19-29-16, (19666 U.S. 19 N), Kenyon Dodge Inc., CU 92-87
Request - To permit outdoor retail sales, display, and storage
Zoned - CH (Highway Commercial)
Mrs. Glatthorn gave the background of the item and presented, in writing, the staff recommendation.
Applicant, Brad Kenyon, 1576 Hillside Drive, Tarpon Springs, stated that there were errors in the original site plan and the one presented is the new one and has been submitted to Steve
Doherty. Mr. Kenyon stated that he has no problems with the nine conditions presented.
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 applicant shall submit an amended signed and sealed
site plan for recertification. The new site plan shall include revised calculations and percentages of all outdoor display areas, open space areas and other amended areas on the site;
2) The proposed display pads in the front yard area shall be moved to the west away from the property line at least three (3) feet; 3) The applicant shall obtain revised drainage calculations
from the Engineering Division for approval prior to certification of the amended site plan; 4) The applicant shall obtain variance approval from the Development Code Adjustment Board
for any unpaved parking or display spaces; 5) The specific display pad areas shall be clearly indicated on the site plan and shall not be included in open space calculations; 6) The
amended site plan shall be submitted for certification within six (6) months; 7) All storage areas shall be behind the required landscaped buffers along U.S. 19, in accordance with
all current landscaping requirements of the Land Development Code; 8) There shall be a maximum of seven (7) boats displayed within the front yard area; and 9) No portions of boats
or trailers shall extend over the designated display areas. Motion carried unanimously (7 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. Lot 1, Clwtr "19" Commerce Park, (22067 U.S. 19 N), Frank C. Kunnen, Jr., Z 92-07
Request - Amendment to the Zoning Atlas
Zoned - from IL (Limited Industrial) to IPD (Industrial Planned Development)
Mr. Shuford stated that the Board should reconsider the item subject to the six conditions that was previously discussed on November 17, 1992.
Mr. Shuford was questioned on the variance for the 6 l/2' concrete wall. He stated that it is setback far enough under the IPD zoning and would not require one.
Denise McCabe, Planner with Walker, Johnson, Blakely, was present. She stated that they have no problems with the six conditions as presented.
Recommended that the City Commission approve (motion made by Mr. Hamilton, and seconded by Mr. Savage) subject to the following conditions: 1) All freestanding signage shall meet the
requirements of the Highway Commercial zoning district; all attached signage shall meet the requirements of the General Commercial zoning district; 2) There shall be no more than a
cumulative total of 20,185 sq. ft. of gross floor area for retail and restaurant uses, of which no more than 1,500 sq. ft. shall be for restaurant uses; 3) New uses or revisions to
existing uses within the center shall continue to be reviewed, on a case by case basis, for any required impact fees; 4) The applicant shall improve the retention area adjacent to the
drain on the south side of his property in accordance with his agreement with Public Works, including the sodding of the bank along the section to be improved; maintenance shall be
in accordance with standard City policy, and the City shall perform maintenance required to maintain flow; 5) There shall be no additional door or window openings on any building wall
which faces a residential area; and 6) Prior to the first reading of this IPD request by the City Commission, the applicant shall submit a revised conceptual site plan which reflects
the changed site conditions resulting from the proposed highway improvement project and which shows perimeter landscaping along US 19 in conformance with City Code requirements. Such
landscaping shall be installed within six months after completion of the highway improvement project. Motion carried unanimously (7 to 0).
AMENDMENTS TO THE COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT CODE:
2. 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.
Mr. Mazur stated he had a conflict with this item and would not participate in discussion or vote. Mr. Mazur left the meeting at 3:00 p.m. Mr. Carassas chaired this item.
Mrs. Glatthorn gave the background of the item and presented, in writing, the staff recommendation.
Mrs. Glatthorn stated that there is a revision to Exhibit A of the resolution on recommended changes to the Countywide Rules. She stated that the small scale thresholds which were
previously recommended by the Planners Advisory Committee are recommended to be incorporated into the Countywide Rules to streamline the amendment process. Relative to the .95 ISR Resort
Facilities High issue, Mrs. Glatthorn stated that the City Commission had no problem with this requirement as the Clearwater Beach Task Force had recommended there be additional open
space on the beach, so it has been deleted as a recommended change to the Countywide Rules in Exhibit A. However, the maximum floor area ratio issue in the institutional classification
(to revise the FAR from .65 to 1.0 for hospital uses), is still recommended. No change to the other minor density/intensity reductions is recommended.
Planning and Development staff recommends that the Planning and Zoning Board recommend approval of Comprehensive Plan and Land Development Code Amendments related to the Countywide
Consistency Program to pass on first reading Ordinances 5296-92, and 5312-92, pass Resolution 92-69 and 92-78.
Mr. Mark Marquardt, attorney for Morton Plant Hospital, stated that Morton Plant is very supportive of the recommendations from the Planning Department to revise the .65 FAR to 1.0.
He also stated that the other facilities in the area are built in excess of .65, for example, St. Anthony's is 1.14, Bayfront is .84, Tampa General is 1.55. He feels that this is a
very critical issue for Morton Plant. Pinellas County is one of three Florida counties that does not have a public hospital, so Bayfront and Morton Plant pick up the needs of lots of
people in the community.
Mr. Dave Healey, Executive Director of Pinellas Planning Council (PPC), stated that PPC would consider after March 15, 1993 to find a solution that will work for Morton Plant.
Recommended that the City Commission approve (motion made by Mr. Hamilton, and seconded by Mr. Merriam) the Amendments to the Comprehensive Plan, the Land Development Code Amendments,
including the revision to the Resort Facilities/Commercial Category to 1.0 ISR. Motion carried 6 to 0, with one abstention.
E. CHAIRMAN'S ITEMS
Mr. Carassas stated that voting for the new Chairman will take place the first meeting in January.
F. DIRECTOR'S ITEMS
Mr. Shuford expressed his thanks to the Board for the progress that was made in 1992, with the processing of conditional use permit requests, the Downtown Plan, the Fort Harrison Study,
and the PPC Consistency Program.
G. BOARD AND STAFF COMMENTS
Meeting adjourned at 3:56 p.m.
___________________________________________________________
James M. Polatty, Jr., Director of Planning and Development