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02/02/1993 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, FEBRUARY 2, 1993 - 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Hamilton, Messrs. Bickerstaffe, Carassas, Mazur, Merriam, Ms. Martin Members Excused: Mr. Savage Also present: Scott Shuford, Planning Manager Etim Udoh, Planner I Vickie Davenport, Recording Secretary ITEM A. APPROVAL OF MINUTES: January 19, 1993 - APPROVED. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. (Continued from 12/1/92, 01/05/93) Lots 1 thru 6, Blk 5, Milton Park, and north l/2 of vacated alley (607 Jeffords St), GTE Florida Inc, (Morton Plant Day Care Center), CU 92-78 Request - To permit child day care Zoned - IL (Limited Industrial) NOTE: This item was continued to February 16, 1993, due to advertising difficulties. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Carassas to continue this item to the February 16 meeting. Motion carried unanimously (5 to 0). 2. (Continued from 01/19/93) Lots 2 thru 6, Blk 4, Jones Sub of Nicholson's Add to Clwr Harbor, (304 Railroad Ave), Mt. Olive AME Church, CU 93-04 Request - to permit non-commercial parking Zoned - CG (General Commercial) and P/SP (Public/Semi-Public) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Milt Cason, Trustee Board, Mt. Olive AME Church, was present. Also accompanying Mr. Cason was Willie Johnson, who is on the Trustee Board and Doug Wilson, of 421 Andrew St., Ormond Beach, FL. Mr. Cason stated that they are in the process of building an educational building that will be in back of their original structure. They stated that they took great care not to damage the trees. They want to work with staff to take care of city code requirements. Pro: None Con: None A motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe to approve the request subject to the following conditions: 1) The applicant shall obtain certification of the site plan within six months of the date of this public hearing; 2) All lighting for the parking lot shall be directed downward and to the interior of the parking lot to mitigate the nuisance of light and glare to the adjacent non-conforming residential areas within the parking lot area upon certificate of occupancy; 3) All grass parking spaces shall be maintained so as to present a neat and healthy appearance, and the final parking lot plan design shall be subject to the approval of the city engineer and traffic engineer; 4) The applicant shall provide perimeter landscaping in accordance with Section 136.023 of the Land Development Code upon certificate of occupancy; and 5) Applicant shall obtain a parking variance from the Development Code Adjustment Board or otherwise meet the parking requirement. Motion carried unanimously (5 to 0). C. CONDITIONAL USES: 1. M&B 34.01, Sec. 15-29-15 and M&B 21.01, 21.02, and 21.12, Sec. 22-29-15 (1250 S. Missouri Ave, Sunshine Mall), John S Taylor III and The Fusco Corp./The Fusco Management Co., (F&S Food Services, Inc., d/b/a/ Houston Steakhouse, Inc.), CU 93-06 Request - to permit on-premise consumption of beer, wine, and liquor Zoned - CC (Commercial Center) and RM-28 (Multiple Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Joe Flynt, 1013 Breeze Drive, Largo and Oscar F. Seger, 1823 Painted Bunting Cir., Palm Harbor were present. Mr. Flynt stated that they are planning a family type restaurant, with no entertainment. They will most likely change the name to J.R. Angus Steak Company, with Houston's Restaurants Inc. as the lead corporation. Questions from the Board regarding if they are the owner/operators, to which Mr. Flynt replied they were. Asked about his prior experience, he stated that he owns and operates a restaurant in Pasco County for the past 10 years and previous to that, one in Hernando County. He has had 30 years experience in the restaurant business. Pro: Kay Vey, General Manager of Sunshine Mall, and she represents the tenants of Sunshine Mall. She stated that the area around Sunshine Mall has become somewhat depressed and there is no restaurant in area to serve the needs that this restaurant will serve. Ms. Vey stated that she believes that this restaurant would be very advantageous to the area. Gilbert Jannelli, 909 S. Fort Harrison, was present to speak in favor of this item. He stated that the Planning and Zoning Board should approve it unanimously, and the applicants should be given a tax rebate. Con: None A motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, to approve the request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; 2) The applicant shall obtain from the City Commission the necessary separation distance variance; and 3) There shall be no outdoor entertainment, and no outdoor speakers. Motion carried unanimously (5 to 0). 2. Lots 7 thru 10, Blk 6, Overbrook Sub and Lot 4, Blk 2, Tagarelli Sub (1345 Park St), Society of St. Vincent de Paul Council of Upper Pinellas County Inc/St.Vincent de Paul Soup Kitchen Conference Inc, CU 93-07 Request - to permit residential shelter Zoned - CG (General Commercial) and RM-12 (Multiple-Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford also stated that staff had received letters from citizens regarding this item. Applicant, Pamela Wiener, Esq., 641 First St. South, St. Petersburg, was present. She stated that she would like the Board to approve their request knowing that this residential shelter will be operated on a temporary basis for 30 consecutive nights only. They are trying to ascertain the need for an overnight shelter and see if the volunteer model works. There are no intentions to use it for a permanent shelter at this location. The hours of operation would be from 6 pm to 6 am., and the Soup Kitchen now opens for one meal a day from 9:30 am to 11 am. There will no concurrency of use. Discussion ensued with members of the Board asking Ms. Weiner questions. In response to questions from Board Members, she stated that there are no other shelters like this in Pinellas County currently. Asked if there will be separate accommodations for women and men, she indicated there would be. She explained the 3 shifts of volunteers, and what their duties would be. When asked what would happen if someone brought alcohol in, she stated that they would be asked to leave. The main reason for this temporary shelter is to see if there is a need for a permanent winter shelter to be opened. Ms. Weiner stated that no one under 18 will be allowed. Pro: Cliff Smith, 342 10th Ave. NE., St. Petersburg was present. He is a member of the Coalition for the Homeless, and also a coordinator of the Cold Night Shelter Program. He stated that on cold nights, there have been up to 80 people staying there. Barbara Green, 1101 Fairburn, she is the Administrator for Everybody's Tabernacle Homeless Emergency Project. She runs a shelter that houses 210 people a day, and she stated that she turns away 20-30 people a day. She is in favor of this, and wants to let people know there is a need for this type of shelter. Jill Kanka, 1833 Bough Ave., Apt.#1, was present. She sees a strong need for this shelter. Gary Marsh, 405 Nicholson St., was present to speak in support. Melvin Nance, homeless person, was present to speak in support. Gary Sinclair, homeless person, was present to speak in support. Jerry Holloman, homeless person, was present to speak in support. Tommy Whitfield, homeless person, was present to speak in support. George Jendrusiak, 4035 42nd Ave. N., St. Petersburg, was present. He is the Director of Social Work Services at the VA Medical Center Bay Pines and President of the Pinellas County Coalition for the Homeless. He stated he hopes that this shelter will open, because of the growing need for a shelter for single people. He stated the Veteran's Administration supports this project, because they want to see how many veterans are among the homeless in the area. He is interested in this test model of using volunteers and donations, instead of paid staff. Robert Thue, Volunteer President Manager of the St. Vincent dePaul Soup Kitchen for the past 6 years, and resides at 642 Kenneth Way, Tarpon Springs, was present. He gave some background information regarding the existence of the Soup Kitchen, and stated that he feels volunteers are very effective. He stated they do a survey once a year regarding the clients at the Soup Kitchen, as to how many men, women, families, as well as veterans, to get the feel for what type of people are out there needing help. He has found that the vast majority are single men. Question regarding advertising of the facility was discussed. Mr. Thue said that 175 - 200 people a day come to the Soup Kitchen, and all that would be needed is a sign put up in the Soup Kitchen regarding the 14 spaces available. Asked if they receive help from the county, Mr. Thue indicated that they receive one grant from Pinellas County of $9500, one grant from the Federal Emergency Management of a like amount, and are 90% funded by private donations. Their budget is $180,000 a year. Mr. Thue wanted to make it clear that this will not turn into a permanent shelter, that this is a 30 day temporary shelter only. A question was asked as to what happens if someone who is volunteering can't show up that evening. His reply was that they have 125 people on a volunteer list, so he forsees no problem in this area. He commented on the training for all people who volunteer. John Wood, Sr., 2400 Main St. #8, Dunedin, was present to speak in support. Stephanie Adair Toto, 1723 Sunset Drive, was present to speak in support. Sherrie Jung, 1612 Country Lane E., was present to speak in support. Mary Lou Guthart, 1802 Cypress Trace Dr., Safety Harbor, was present to speak in support. Robert Moore, 56 Baywood Dr., Safety Harbor, was present to speak in support. Con: Gilbert Jannelli, 909 S. Ft. Harrison, was present to speak in opposition. He stated he is not against the homeless people, and he does work for the social services at the 1100 building and many of the homeless people come to him for eye exams. He sees the problem being in the site location. He went on to state problems with break-ins and the paraphenaillia he finds on his property. He feels that this should not be in a commercial zone. He knows that Clearwater needs a shelter, but keep it out of a redevelopment zone. He urged the Board members to go out and see the parking problem in the morning hours. Clark Hubbard, 1351 Cleveland St., was present to speak in opposition. His property backs up to the east of the Soup Kitchen. He stated that there is a parking problem. He also stated that there are police calls made regarding the soup kitchen. He thinks there is a problem with beer, because outside there are bottles everywhere. These people spoke in rebuttal to those opposed: Mr. Thue, stated that he tried to negotiate to buy Mr. Jannelli's property, also to buy and install a fence around his parking area. When they heard about the sleeping going on around the premises, they immediately posted signs. They also enforce the no alcohol on the premises, and when there is a problem, they do call the police. John Wood, Sr., Kevin Clotworthy, Ms. Green, Jerry Hollomon, Melvin Nance, and Tommy Whitfield were other speakers to those opposed. Those who oppose, in rebuttal: Mr. Hubbard, wanted to let those know he is not against the soup kitchen or the homeless. He stated that if the City wants to donate the land to the west for parking, and there is someone to monitor the outside of the Soup Kitchen 24 hours a day, he wouldn't be here. Mr. Jannelli, stated they made him no offer to buy property, that was stated by Mr. Thue earlier. He thinks that there should be surveillance outside the building, and solve their parking problems. The applicant, Ms. Weiner, provided final rebuttal. She stated because of her position, she sees the needs of these people firsthand. She stated that this is only for a 30 day period and that city staff said their parking was adequate for that particular time of day. There are only 2 required spaces and they have 8 spaces on the site. Discussion by the Board continued regarding their occupational license and when the 30 days begin and end. Mr. Shuford responded to these issues. A motion was made by Ms. Martin, and seconded by Mr. Mazur, 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; 2) The approval shall be for 30 day temporary period from the date the occupational license is obtained; 3) The facility shall be for the care of the homeless people only, with the maximum number of homeless residents being 14, unless further limited by board requirements; and 4) There shall be at least 3 volunteers in the shelter during its hours of operation. Motion carried 5 to 0, with one abstention (Mr. Carassas abstained due to his arrival after discussion had begun). 3. Lots 15 thru 20, Blk A, Bayside Sub No. 5 and riparian rights, (656 Bayway Blvd), Ginez Holdings, Inc., (HoJo Inn), CU 93-08 Request - to permit addition of ten marina slips to the existing marina facility Zoned - CR-28 (Resort Commercial) and AL/C (Aquatic Land/Coastal) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Representative for HoJo Inn, Robert Moore, 56 Baywood Dr., Safety Harbor, was present. Mr. Moore stated that the staff recommendations are acceptable to the contractor and the applicant. Pro: None Con: None A motion was made by Mr. Bickerstaffe, and seconded by Mr. Carassas subject to the following conditions: 1) The use of the marina facility shall be available only to registered guests at and staying in the landside quarters of the HoJo Motel; 2) If the applicant plans on using any of the slips as live aboard, he shall be required to submit an additional conditional use request meeting all the requirements of the City Code (i.e. sewage pump-out station and parking); 3) If the applicant plans to expand the use of the marina facility in any way (i.e. addition of fuel, renting of slips, etc.), he shall be required to resubmit an additional conditional use request for such an expansion; and 4) The applicant shall either meet the parking requirements or obtain a parking variance from the Development Code Adjustment Board. Motion approved 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 7 & 8, Mosell Acres, (308 N. Belcher Rd), Patrick T and Gail E Maquire, A 92-13 & LUP 92-24 Request - for Annexation, Land Use Plan and Zoning Atlas amendments LUP - From unclassified to Residential/Office Zone - OL (Limited Office) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant was not present. Motion was made by Mr. Mazur, and seconded by Ms. Martin, to continue this item to the end of the meeting to see if the applicant appears. Pro: None Con: None Mr. Maguire did not show up for the meeting, therefore, a motion was made by Mr. Carassas and seconded by Mr. Merriam, to continue this item to the next meeting, February 16. Motion carried unanimously (6 to 0). 2. Lot 1, Blk 8, Highland Pines 1st Add, (1601 Gentry St), Mel and Linda P Wexler, A 92-14 & LUP 92-25 Request - for Annexation, Land Use Plan and Zoning Atlas amendments LUP - From Unclassified to Low Density Residential Zone - RS-8 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant was not present. Pro: None Con: None A motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, to recommend endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential, and Zoning Atlas Amendment to RS-8 as they appear to be supported by the Standards for Approval of Land Development Code Section 132.005, 137.015(e), and 137.016(e). Motion carried unanimously (6 to 0). 3. Part of Tract A, Hercules Industrial Park, (1351 Arcturus Ave), Demetre Loulourgas, A 92-15 & LUP 92-26 Request - for Annexation, Land Use Plan and Zoning Atlas amendments LUP - From Unclassified to Industrial Zone - IL (Limited Industrial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Larry Beard, 963 Mandalay Ave., was present. Pro: None Con: None A motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe, recommends endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Industrial, and Zoning Atlas Amendment to IL as they appear to be supported by the Standards for Approval of Land Development Code Section 132.005, 137.015(e), and 137.016(e). Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS Mr. Hamilton regretted being late for the meeting, but thought the 2:00 meeting time started at this meeting. F. DIRECTOR'S ITEMS Mr. M.A. Galbraith, City Attorney, spoke on the alcoholic beverage regulations. Discussion between the City Attorney and the Board Members ensued. Mr. Mazur suggested that a speaker from MADD come and give a presentation on this issue. He will make the arrangements. Mr. Shuford had information regarding Jammin-Z on the beach. They are expected to apply this week for the added expanded outdoor area. G. BOARD AND STAFF COMMENTS A motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe on the revised Rules and Regulations for the Planning and Zoning Board. The original was distributed for the Board Members to sign. Motion carried unanimously (6 to 0). The meeting adjourned at 4:50 p.m. ____________________________________________________________ James M. Polatty, Jr., Director of Planning and Development