09/14/1993 MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, SEPTEMBER 14, 1993 - 2:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Chairman Hamilton, Messrs. Bickerstaffe, Carassas, Mazur, Merriam, Savage
Members Excused: Ms. Martin
Also present: Scott Shuford, Planning Manager
Walt McAleer, Planner I
Vickie Davenport, Recording Secretary
ITEM
A. APPROVAL OF MINUTES
Minutes from August 3, 1993 and August 17, 1993 were approved unanimously (6 to 0). Motion was made by Mr. Carassas and seconded by Mr. Savage.
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
Continued from 08/03/93
A. Lots 62 and 63, Enghurst Addition #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.
Applicant, Ghaleb Rasheed, 10564 2nd Way N, #H, St. Petersburg, was present. He stated he understood the conditions recommended by staff.
There were no persons present to speak in favor or in opposition to this item.
A motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, to approve this item subject to the following conditions: (1) The requisite occupational license shall be obtained
within one month from the date of this public hearing; 2) The perimeter landscaping requirements of Section 42.27 shall be provided along the western property line within five months
of the date of this public hearing; 3) This approval shall be for a six month trial period, after which the application shall be reviewed for law enforcement activity on the premises
and regarding the applicant; 4) The hours of operation shall be as requested by the applicant, unless otherwise restricted by City Code or State law. Specifically, the hours shall
be: Monday through Friday - 8:00
a.m. until 9:00 p.m.; Saturday and Sunday - 8:00 a.m. until 10:00 p.m.; and 5) The applicant shall obtain the necessary separation distance variance from the City Commission. Motion
carried unanimously (6 to 0).
Continued from 08/17/93
B. 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 to this item.
Motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam, to continue this item to the October 5, 1993 meeting, so the applicant can revise the site plan to meet City Codes.
Motion carried unanimously (6 to 0).
C. Lot 10 together with the southerly 28 ft of Lot 11, Unit 2, (301 Island Way), Island Estates of Clearwater, (Pelican Port), CU 93-50
Request - to permit marina use; five private slips
Zoned - RM-20 (Multiple Family Residential "Twenty") and AL-C (Aquatic Land-Coastal)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant's representative, David Ramsey, 701 East Gulf Blvd, Indian Rocks Beach, was present. He stated that the deed restrictions concerning the length of the dock does comply with
city code requirements.
There were no persons present to speak in favor or in opposition to this item.
A motion was made by Mr. Carassas and Mr. Bickerstaffe, to approve this item subject to the following conditions: (1) The boat slips shall be for the exclusive use of the residents
of the Pelican Port condominium project only, with no leasing to nonresidents allowed; 2) There shall be no fuel stored at the facility; (3) There shall be no live aboard use or any
other commercial use of the facility; (4) The requisite building permit shall be obtained within six months of the date of this public hearing; and (5) Any required variances shall
be obtained from the Development Code Adjustment Board. Motion carried unanimously (6 to 0).
C. CONDITIONAL USES:
1. M&B 24.04, Sec. 9-29-16, (1111 McMullen Booth Rd), PACT, Inc (Ruth Eckerd Hall), CU 93-54
Request - to permit on-premise consumption of beer, wine and liquor (expansion)
Zoned - P/SP (Public Semi-public)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
A board member raised a question regarding why the conditions did not include the use of outdoor speakers.
Applicant, Leonard Love, General Manager for Ruth Eckerd Hall, was present. He stated that temporary speakers would be used outside occasionally to enhance the performances during intermission,
or prior to a performance - hardly ever after a performance.
A question was raised about noise level at night. The board wanted to know if there were any complaints regarding the Eastside Cafe. Mr. Love stated that to his knowledge there have
been no complaints in the past two years.
Discussion ensued regarding a possible trial period regarding monitoring the noise level due to the outdoor speakers.
There were no persons present to speak in favor or in opposition to this item.
A motion was made by Mr. Mazur 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 from the date of this public hearing; (2) The applicant shall obtain the requisite alcoholic beverage separation distance variance from the City Commission; and (3)
Outdoor speakers can be used no later than 11:00 p.m. Motion carried unanimously (6 to 0).
2. M&B 13.31, Sec. 17-29-16, (2862 Gulf to Bay Blvd), James J. & Josephine Orlando TRE/Samuel Ferguson, (Nick and Angelo's), CU 93-55
Request - to permit on-premise consumption and package sales of beer and wine
Zoned - CG (General Commercial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Samuel Ferguson, 56 44th Ave., St. Petersburg Beach, was present. He stated he is the new owner (for the past two months) and plans to maintain the same operation.
There was no one present to speak in favor or in opposition to this item.
A 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 six months from the expiration date of its current occupational license; (2) There shall be no customer accessible alcoholic beverage display areas provided; (3) There shall
be no outdoor seating or speakers; and (4) There shall be no entertainment provided, except an indoor jukebox. Motion carried unanimously (6 to 0).
3. Part of Lot 1, and north half of vacated Barrett Road, Blackburn Sub, (23988 US 19 N), Chevron USA, Inc./Johnson's Service, Inc., (Sunset Point Chevron), CU 93-56
Request - to permit package sales of beer and wine (new license)
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Frank Johnson, 23988 U.S. 19, was present. Mr. Johnson stated that he wanted to be competitive with the other places in the area. He has no previous experience in the selling
of alcoholic beverages.
There were no persons present to speak in favor or in opposition to this item.
A motion was made by Mr. Merriam and seconded by Mr. Savage to approve this 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 applicant shall obtain the requisite separation distance variance from the City Commission; and (3) There shall be no consumption
of beer and wine on premises. Motion carried 5 to 1, with Mr. Bickerstaffe voting nay.
4. M&B 14.11, Sec. 18-29-16, (20866 US 19 N), Russell Dilley Jr TRE & Barbara J. Dilley TRE, Dilley Family Trust/Club Personality, Inc., (Personality's), CU 93-57
Request - to permit on-premise consumption of beer and wine (new license)
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Parking requirements and questions regarding who owns the billboard were discussed.
Applicant, Gregg N. Rose, 3455 Countryside Blvd. #48, was present. Six polaroid snapshots showing the billboard and area were presented to the board members. Mr. Rose stated he has
no experience in this type of business and has hired another manager that was highly recommended. He stated he does not own the billboard.
Board members requested to see a revised site plan with landscaping and parking spaces.
The following person was present to speak in favor of this item:
Russell Dilley, 2870 Philippe Parkway, Safety Harbor, was present. He is the owner of the property. He stated there are 59 spaces for parking. Mr. Dilley stated he has known Mr. Rose
since 1992.
Mr. Mazur had concerns regarding Mr. Rose not having any experience in operating this type of business.
There was no one present to speak in opposition to this item.
A motion was made by Mr. Bickerstaffe and seconded by Mr. Carassas, to continue this item until the October 5, 1993 meeting, to allow the applicant to obtain a revised site plan. Motion
carried 5 to 1, with Mr. Mazur voting nay.
5. Lots 6 and 7, Block C, Clearwater Beach Park 1st Add., (473 East Shore Drive), William A. Day TRE, (East Shore Motel), CU 93-58
Request - to permit marina use; five cradle boat lifts
Zoned - CB (Beach Commercial) and AL-C (Aquatic Lands - Coastal)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant's representative, Myron Gibson, 2948 Fairfield Court, Palm Harbor, was present. He stated that the applicant understands the conditions given by staff.
A motion was made by Mr. Mazur, and seconded by Mr. Savage, to approve this item subject to the following conditions: (1) The requisite building permit shall be obtained within six
months from the date of this public hearing; (2) The cradle lifts shall pose no hazard or obstruction to navigation, as determined by the city harbormaster; (3) The cradle lifts shall
be for the exclusive use of the applicant and registered motel guests only; and (4) There shall be no commercial use of the facility, such as slip rentals, not directly associated with
the motel operation. Motion carried unanimously (6 to 0).
6. Lot 1, South Oakes Fashion Square Sub, (1500 McMullen Booth Rd.), Goral Tov, Ltd./Beef "O" Brady's Countryside, Inc., (Beef "O" Brady's), CU 93-59
Request - to permit on-premise consumption of beer and wine (business ownership change)
Zoned - IPD (Industrial Planned Development)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Doug Wolfe, 1500 McMullen Booth Road, was present. He stated that this is a "chain", of which there are 15, most being in Hillsborough County. Mr. Wolfe stated that they
only have televisions for entertainment, since this is a sports minded restaurant.
There were no persons present to speak in favor or in opposition to this item.
Motion was made by Mr. Merriam and seconded by Mr. Bickerstaffe, to approve this item subject to the following conditions: (1) The requisite occupational license shall be obtained
within six months from the expiration date of its current occupational license; (2)There shall be no live entertainment, outdoor seating or outdoor speakers; and (3) The sale of beer
and wine shall be limited to consumption on premises, with no package sales. Motion carried unanimously (6 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
Request for Annexation, Land Use Plan and Zoning Atlas amendment:
1. Lot 4, Glen Ellyn Estates, (2178 Burnice Drive), Gary Warner TRE, A 93-19; LUP 93-25
LUP: From Unclassified to Low Density Residential
ZONE: RS-6 (Single Family Residential)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Gary Warner, Trustee, was present.
There were no persons present to speak in favor or in opposition to this item.
Recommended endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single Family Residential "6". Motion
was made by Mr. Carassas and seconded by Mr. Savage. Motion carried unanimously (6 to 0).
2. Part of Lot 11, NE l/4 of Sec. 12-29-15, Pinellas Groves Sub, (2060-2066 Range Road), Bryan P. Kehoe, A93-20; LUP 93-27
LUP: From Unclassified to Industrial
ZONE: Limited Industrial
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Bryan Kehoe, was present.
There were no persons present to speak in favor or in opposition to this item.
Recommended endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Industrial Limited, and Zoning Atlas Amendment to Limited Industrial. Motion was
made by Mr. Carassas and seconded by Mr. Savage. Motion carried unanimously (6 to 0).
Requests for Land Use Plan and Zoning Atlas Amendment:
3. Parcel A - Lot 4, Block 12, Turner's Third Addition, (601,605, & 607 Orange Avenue); Parcel B - Part of Lots 1 & 2, Blk 12, Turner's Third Addition, (604 & 606 Bay Avenue), Episcopal
Church of the Ascension and Ruth Willett, Z 93-10; LUP 93-26
Parcel A - LUP:
From Medium Density Residential to Public/Semi-Public
ZONE: RM 12 (Multiple Family Residential)
Parcel B - LUP:
From Residential/Office to Public/Semi-Public
ZONE: 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 item.
Recommended endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Institutional, and Zoning Atlas Amendment to Public/Semi-Public. Motion was made
by Mr. Carassas and seconded by Mr. Savage. Motion carried unanimously (6 to 0).
4. Parcel A - Lots 3-10, 15 & 16, Blk B, Westover Subdivision, (1260-1266 Bay Parkway, 300-322 Watkins Road, 311 & 317 Pinellas Street); Parcel B - Lots 12-14, Blk B, Westover Subdivision,
(1263 Waters Avenue and 301-309 Pinellas Street) and Lot 4, Barnes Sub, (Morton Plant Hospital Assn, Inc/Leonard & Gilotte), Z 93-11; LUP 93-28
Parcel A - LUP:
From Residential/Office to Public/Semi-Public
ZONE: From OL (Limited Office) to proposed Public/Semi-Public Planning District
Parcel B - LUP:
From Public/Semi-Public to proposed Public/Semi-Public Planning District
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Mr. Mazur stated conflict of interest and would not be involved in the discussion or voting of this item.
Mr. Shuford stated two letters were received, one requesting a continuance and the other opposing this request. Mr. Shuford handed out copies of these letters to the board members.
Applicant's representative, Mark Marquardt, 400 Cleveland St., was present. He stated that this is an out-patient facility and is not connected to Lykes Cancer Center, which is a in-patient
facility. Mr. Marquardt stated that they would like it to be a planned development, with the entrance off of Pinellas Street.
The following people were present to speak in favor of this request:
Pat Shelman, Vice President of Patient Services, Morton Plant Hospital, gave a presentation to the board members.
Charles Pittman, 325 Melonbacher, Belleair Bluffs, was present. He stated that there is a great need in this community for this type of service.
Rich Dutter, Director of Planning at King Engineering, was present. Mr. Dutter gave a presentation regarding the buffer plan. On the west and south sides there would be a solid buffer
of trees and bushes for complete view obstruction.
The following people were present to speak in opposition to this request:
Connie Mudano, 504 Poinsettia Rd., Belleair, was present. She felt that if they are wanting a planned development, they should be required to put it on the table all at once, not in
pieces. She mentioned a letter sent to Michael Wright from the Belleair Town Manager, that was given to Mr. Shuford.
Robert Kirn, 321 Lotus Path, was present. He would like to see a master plan and doesn't understand why they haven't submitted one. Mr. Kirn believes the residents should know what
their future plans are. He would like for this request to be continued until after they have submitted their master plan.
William Heald, Belleair resident, was present. He stated that the value of homes in area is depreciating. Mr. Heald stated that only 32% of the beds now are being occupied by nearby
residents and wondered why they need all this expansion and where the patients were going to come from. He read sections from newspaper articles regarding Morton Plant Hospital. Mr.
Heald stated they
own enough property where they can do this expansion without doing it in a residential area.
Mr. Marquardt spoke in rebuttal. Mr. Marquardt stated that out-patient facilities are in great demand in the area. He stated that the hospital does not own a significant amount of
property on the east side of Ft. Harrison. Mr. Marquardt stated they are working with the City on a planned development master plan, which is not an easy task because of all the avenues
they have to consider, like costs, impacts on the residents.
Motion was made by Mr. Bickerstaffe and seconded by Mr. Carassas, to continue this item to the October 5, 1993 meeting, due to the Waters Avenue issue. Motion carried 5 to 0, with Mr.
Mazur abstaining.
Request for Amendment to the Zoning Atlas:
5. Lots 25 & 26, Bidwell's Oak Wood Addition, (608-610 N. Garden Ave.), Clearwater Neighborhood Housing Services, Inc., Z 93-07
ZONE: CG (General Commercial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Mr. Carassas left the meeting before discussion on this item.
Applicant, Jerry Spilatro, Clearwater Neighborhood Housing Services, was present. Mr. Spilatro gave the background regarding the lot and the house that was donated to them and how it
came about as to the decision of making it into their office space. He discussed the landscaping plans.
There were no persons present to speak in favor or in opposition to this item.
Recommended endorsement to the City Commission of the proposed Zoning Atlas Amendment to General Commercial. Motion was made by Mr. Savage and seconded by Mr. Bickerstaffe. Motion
carried unanimously (5 to 0).
Request for Land Development Code Text amendments:
6. ORDINANCE NO. 5460-93 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 44.08 AND 44.54, CODE OF ORDINANCES, TO ALLOW TEMPORARY SIGNS UNDER
CERTAIN CIRCUMSTANCES; PROVIDING AN EFFECTIVE DATE.
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 item.
Recommended endorsement to the City Commission to approve this ordinance, with the revision of eliminating the use of balloons.
Motion was made by Mr. Bickerstaffe and seconded by Mr. Savage. Motion carried unanimously (5 to 0).
7. ORDINANCE NO. 5463-93 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 42.21, CODE OF ORDINANCES, TO REVISE THE REQUIREMENTS FOR NONCONFORMING
USES ON BARRIER ISLANDS TO ENCOURAGE COMPLIANCE WITH DEVELOPMENT AND BUILDING REGULATIONS INCLUDING FLOOD DAMAGE PREVENTION REGULATIONS; PROVIDING AN EFFECTIVE DATE.
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 item.
Recommended endorsement to the City Commission to approve this item. Motion was made by Mr. Bickerstaffe and seconded by Mr. Savage. Motion carried unanimously (5 to 0).
8. ORDINANCE NO. 5464-93 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 40.164, 40.184, 40.204, 40.224, CODE OF ORDINANCES, TO PROVIDE FOR
NURSING HOMES AS A CONDITIONAL USE IN THE MULTIPLE-FAMILY RESIDENTIAL 16, 20, 24, AND 28 ZONING DISTRICTS; AMENDING SECTION 41.053 TO PROVIDE SUPPLEMENTARY CONDITIONAL USE STANDARDS
FOR SUCH USES; PROVIDING AN EFFECTIVE DATE.
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 item.
Recommended endorsement to the City Commission to approve this ordinance. Motion was made by Mr. Savage and seconded by Mr. Bickerstaffe. Motion carried unanimously (5 to 0).
E. CHAIRMAN'S ITEMS
Mr. Hamilton wanted to thank everyone for attending the joint meeting with City Commission earlier - he stated it was a very productive session.
F. DIRECTOR'S ITEMS
G. BOARD AND STAFF COMMENTS
Adjourned: 5:35 p.m.
____________________________________________________
James M. Polatty, Director of Planning & Development