08/03/1993 MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, AUGUST 3, 1993 - 2:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Chairman Hamilton, Messrs. Bickerstaffe, Carassas, Mazur, Merriam
Members Excused: Ms. Martin, Mr. Savage
Also present: Scott Shuford, Planning Manager
Vickie Davenport, Recording Secretary
ITEM
A. APPROVAL OF MINUTES
The minutes of the July 13, 1993 meeting were approved. Motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe. Motion carried unanimously (5 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
Continued from 07/13/93
1. Lots 62 and 63, Enghurst Addn #2, (1208 N. Ft. Harrison Ave), John K. & Demetra Lainas, (Rasheed Ghaleb/7 Trees Food Store), CU 93-38
Request - to permit package sales only of beer and wine (business ownership change)
Zoned - CN (Neighborhood Commercial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Questions from the Board regarding the felony charges were discussed.
Applicant, Rasheed Ghaleb, 10564 2nd Way N., St. Petersburg, was present. Mr. Ghaleb stated that he had expansion plans, which he just now mentioned. It was suggested he continue
this item to allow time to add the expansion area to his conditional use request.
There were no persons present to speak in favor or in opposition of this request.
It was stated that the City Clerk's office will need to readvertise this item due to the addition of the expansion plans.
Motion was made by Mr. Carassas, and seconded by Mr. Mazur, to continue this item until the September 14th meeting. Motion carried unanimously (5 to 0).
C. CONDITIONAL USES:
1. M&B 12.021, Sec 19-28-16, Bldg 400, (29605 US Hwy 19 N), H.A. & J.F. Phelps, a general partnership (Altamura Marsh & Assn, Inc/AMA Personal Fitness Training Center), CU 93-42
Request - to permit personal fitness training service, a use not specifically identified in the Land Development Code
Zoned - OG (General Office)
The applicant has requested this item be continued to the meeting of August 17, 1993.
Motion was made by Mr. Mazur, and seconded by Mr. Carassas, to continue this item to the August 17th
meeting. Motion carried unanimously (5 to 0).
2. M&B 33.02, Sec 28-28-16, (2550 McMullen Booth Rd), John Hancock Life Insurance Co. (Joseph & Norma I Fazio/Fazio's Lily Pond Restaurant), CU 93-44
Request - to permit on-premise consumption of beer and wine (new license)
Zoned - CC (Commercial Center) and OL (Limited Office)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
There were no persons present to speak in favor or in opposition to this request.
Motion was made by Mr. Mazur, and seconded by Mr. Merriam, to continue this item to the August 17, 1993 meeting. Motion carried unanimously (5 to 0).
3. Diamond Isle Condo, (660 Island Way), Diamond Isle Condo Assn, CU 93-45
Request - to permit marina use; boat lift
Zoned - RM 28 (Multiple Family Residential)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant's representative, Myron Gibson, 2948 Fairfield Ct., Palm Harbor, was present. He stated that even though it looks further than the rest of the lifts, the tie poles are on
the property to the north are another 10 - 15 feet further out than where this lift terminates, so there would no be hazard with navigation.
There were no persons present to speak in favor or in opposition of this request.
Motion was made by Mr. Mazur, and seconded by Mr. Carassas, to approve this request subject to the following condition: The requisite building permit shall be obtained within six months
of the date of this public hearing. Motion carried unanimously (5 to 0).
4. M&B 32.05, Sec 2-29-15, (1453 Sunset Point Rd), Dr. Gursagar Singh (All Pet Care Hospital), CU 93-46
Request - to permit veterinary offices; veterinary hospital
Zoned - OL (Limited Office)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Gursagar Singh, 1453 Sunset Point Rd., was present. Dr. Singh stated that he has put in an accoustical ceiling in order to keep noise down from the barking. He is talking
to a contractor about putting glass blocks in to help control the noise too. He stated there is no outside exercising done, and that there are shrubs in, but are not four ft. in height.
Dr. Singh stated the building has three air conditioning units and are run continually.
There was no one present to speak in favor of this request.
The following person appeared to speak in opposition of this request:
Joseph Rossey, 1430 and 1432 Spring Lane, was present. He stated he is getting complaints from his tenants about the noise and the odor, which is causing him to lose tenants. Mr. Rossey
stated that the nights and weekends are worse for the noise, when there is no one there.
Dr. Singh spoke in rebuttal. He invited the board members to visit his facility and see for themselves how his business is run. Discussion ensued on the following: the odor problem;
picking up after the dogs; and the noise, which seems to be the major problem.
Motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur, to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained
within one month of the date of this public hearing; 2) There shall be no outdoor exercise of animals; 3) There shall be no boarding of animals not under treatment for bonafide, serious
medical conditions requiring continuous medical supervision; 4) A second row of shrubs, planted three feet on center, shall be provided along the south property line; these shrubs shall
be a minimum of 48" in height at time of installation and shall be installed within two months of the date of this public hearing; 5) In accordance with Sec. 41.053(31), all interior
areas of the structure shall be climate controlled at all times; 6) Doors, windows and vents on the south side of the building shall not be left open; 7) Glass blocks, in lieu of existing
windows shall be installed on the south side of the building within two months of the date of this public hearing to improve soundproofing; and 8) Approval shall be for a six month
trial period at which time the applicant shall return for a review regarding the issues of noise and odor. Motion carried unanimously (5 to 0).
5. Part of Lots 6 & 7, Hill-Top Sub, (2615 Sunset Point Rd), U-Haul Co of West Coast of Florida, Inc/Charlie Kitchin, CU 93-47
Request - to permit indoor storage and/or warehousing; a mini-warehouse
Zoned - CG (General Commercial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
There were no persons present to speak in favor or in opposition of this request.
Motion was made by Mr. Mazur, and seconded by Mr. Carassas, to continue this item to the August 17, 1993 meeting, in order to allow the applicant time to revise the site plan to meet
City Code requirements. Motion carried unanimously (5 to 0).
6. Lot 1, South Oakes Fashion Square Sub, (1520 McMullen Booth Rd), Goral Tov, Ltd, (Neighborhood Auto Repair), CU 93-48
Request - to permit vehicle service; minor auto repair and tire sales
Zoned - IPD (Industrial Planned Development)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Discussion regarding the conditions suggested by staff were discussed.
Applicant's representative, Donald Simpson, 8764 Midnight Pass Rd., Siesta Key, FL 34242, was present. He stated that they agree with the conditions, except he wanted clarification
of condition #5. Mr. Simpson stated there will be no transmission work, or body work done.
There were no persons present to speak in favor or in opposition of this request.
Motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe, to approve this 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 meet all supplementary conditions for vehicle service uses as provided in Sec. 41.053(30) of the City Code;
3) There shall be no outdoor service or storage, including overnight storage of vehicles under repair; 4) There shall be no outdoor speakers; and 5) There shall be no major repairs
involving transmission dismantling, painting, or body work. Motion carried 4 to 1, with Mr. Hamilton voting "nay."
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
Requests for Annexation, Land Use Plan and Zoning Atlas Amendment:
1. M&B 34.311, Sec. 01-29-15, (South of Calumet Street and west of Hercules Ave), Instrument
Transformers, Inc., A 93-16 & LUP 93-22
LUP: From Unclassified to Industrial
ZONE: IL (Limited Industrial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
There were no persons present to speak in favor or in opposition of this request.
Recommended the City Commission approve the request for Annexation, Land Use Plan Amendment from Unclassified to Industrial, and Zoning of Limited Industrial. Motion was made by Mr.
Mazur, and seconded by Mr. Carassas. Motion carried unanimously (5 to 0).
2. Lot 27, Sec. 06-29-16, Skyline Groves, (1985 Skyline Drive E), Rodney C. Schy and Teresa Ivandino-Schy, A 93-17 & LUP 93-23
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.
There were no persons present to speak in favor or in opposition of this request.
Recommended the City Commission approve the request for Annexation, Land Use Plan Amendment from Unclassified to Low Density Residential, and Zoning of Single Family Residential "Eight".
Motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe. Motion carried unanimously (5 to 0).
Code Text Amendment:
3. ORDINANCE NO. 5387-93 of the City of Clearwater, Florida, amending various sections within Chapter 52, Code of Ordinances, relating to tree protection defining terms; prohibiting
tree pruning that removes more than thirty percent of the foliage of certain trees; prohibiting the planting of certain trees; requiring the removal of certain hazardous trees; requiring
the protection of certain trees; providing protection for specimen trees; providing for tree relocation and replacement; creating Section 52.09, Code of Ordinances, to establish rules
for the care of trees during construction and for tree pruning; creating section 52.10, Code of Ordinances; to require licenses for tree service companies; adopting the mangrove protection
rules of the State of Florida by reference and requiring proof of issuance of a state permit as a condition of issuance of a tree removal permit for the removal of mangroves; providing
an effective date.
Mike Quillen, PW Environmental Management Group, was present. He answered questions and discussed sections of the ordinance with the board members. Some of the topics discussed were:
topping, hazardous trees, protection of certain trees, and removal of trees.
Mr. Quillen pointed out that there would be no increase in staff. He stated that these are things that their office is already doing: working with contractors, talking to citizens about
trimming correctly, and trying to educate people regarding these issues.
There were no persons present to speak in favor or in opposition of this request.
Recommended the City Commission approve this ordinance subject to one modification to the text as follows: In the Motion to Amend Ordinance 5387-93, Sec. 52.32, substitute the phrase
"and certifying in his professional opinion" for the phrase "to insure". Motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe. Motion carried unanimously (5 to 0).
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
Mr. Shuford and the board members had a brief discussion regarding the alcoholic beverages issue.
Discussion continued regarding the Board wanting a summary of the felony report on Mr. Ghaleb.
G. BOARD AND STAFF COMMENTS
The Board members would like to have an agenda regarding the joint session meeting with the City Commission and any documents that are going to be discussed.
Adjournment: 4:25 p.m.
____________________________________________________________
James M. Polatty, Jr., Director of Planning and Development