03/15/1994
MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, MARCH 15, 1994 - 2:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Chairman Carassas, Messrs. Bickerstaffe, Keyes, Mazur, Merriam, Savage (arrived at 2:10p.m.), Ms. Martin
Also present: Scott Shuford, Planning Manager
Vickie Davenport, Recording Secretary
Chairperson Carassas outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional
uses, has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of
the proceedings to support the appeal.
A. APPROVAL OF MINUTES
The minutes of February 15, 1994 were approved. Motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe. Motion carried unanimously (6 to 0).
The minutes of March 1, 1994 were approved. Motion was made by Mr. Bickerstaffe, and seconded by Ms. Martin. Motion carried unanimously (6 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
A. William & Hope Georgilas (Los Rancheros) to permit on-premise consumption of beer, wine and liquor (business ownership change) at 1825 Gulf-to-Bay Blvd. Sec 13-29-15, M&B 32.04, zoned
CG (General Commercial). CU 94-14
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Fernando Chavez, 1825 Gulf to Bay Blvd., stated he has been open for one month and serving liquor under a temporary permit. Mr. Chavez owned a restaurant in Pensacola with
no problems. He has an on-site manager, who has experience in restaurant work and in serving alcoholic beverages.
Motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, to approve this request subject to the following condition: The applicant shall obtain an occupational license within
six months of this public hearing. Motion carried unanimously (7 to 0).
B. Wal-Mart Stores, Inc. to permit outdoor storage; garden center at 23106 US Hwy 19, Loehmann's Plaza Replat, Lot 1, zoned CPD (Commercial Planned Development). CU 94-16
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant's representative, Richard Harris, of King Engineering, 5440 Beaumont Center Suite 460, Tampa, Fl., stated that he has made revisions to the site plan regarding the parking.
He stated that the six parking spaces can be replaced by a new 13 space area located south of the garden center, specifically used for parking.
Motion made by Mr. Keyes, and seconded by Mr. Bickerstaffe, for discussion. Discussion regarding changes to conditions #2 and #4.
An amended motion was made by Mr. Mazur, and seconded by Mr. Savage for approval of the following conditions: 1) The applicant shall amend the certified site plan to reflect the proposed
changes prior to issuance of a building permit; 2) There shall be no temporary or portable buildings, tents or trailers or entertainment activities in the area; this condition shall
not preclude the installation of a covering to shade the plant materials; 3) The screening of the outdoor storage area shall be the same screen material and structural supports as used
in the garden center and shall fully screen the materials being stored; and 4) There shall be "NO LOADING" signs posted along the 30 ft. wide driveway on the northeast portion of the
outdoor storage area; the 13 parking space area shown adjacent to the outdoor storage area shall be maintained for loading needs. Motion carried unanimously (7 to 0).
C. CONDITIONAL USES:
1. Six Month Review for Dr. Gursagar Singh (All Pet Care Hospital) to permit veterinary office and veterinary hospital at 1453 Sunset Point Rd. Sec 2-29-15, M&B 32.05, zoned OL (Limited
Office). CU 93-46
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Dr. Gursager Singh, 1453 Sunset Point Road, was present. The board members asked the applicant if he had taken care of the conditions that were made clear to him six months
ago and Mr. Singh stated that the conditions have been satisfied.
Motion was made by Mr. Savage, and seconded by Mr. Mazur, to approve this request subject to the following condition: 1) The applicant shall obtain the required occupational license
within six months 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; and (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. Motion carried unanimously (7 to 0).
2. Anthony & Mary Ann Saravanos (Bikers USA) to permit outdoor commercial recreation/entertainment and vehicle service; rental and service of bicycles & scooters at 600 Mandalay Ave.
Clearwater Beach Revised, Blk 7, part of Lot 10, zoned CB (Beach Commercial). CU 94-19
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Ronald Pratt, 800 S. Gulfview Blvd., stated he has been open for one month and that business is good. Mr. Pratt stated that he does not rent scooters, he lets customers test
ride them in hopes of selling them. He owns all his inventory. He stated that the bike racks are easy to put on cars now, only takes a few minutes. Mr. Pratt stated they do all the
work inside the shop, never out on the sidewalk.
The following persons were present to speak in favor of this request:
Ted Harris, 1480 Gulf Blvd., was present. He represents the Coslo Motorcycle Company, where Mr. Pratt gets his supply of bikes, and keeps an inventory in their Chicago warehouse for
him.
Christine Climer, 41 Coronado, stated that she is pleased with his business.
The following person was present to speak in opposition of this request:
Scott Soots, 8 Tamberia, was present. He is a competitor, at Transportation Station, also on the beach. He states that Mr. Pratt has been renting scooters since last month, he has
the rental contracts. Mr. Soots has pictures of violations and has made complaints to the city. His concerns were: storing equipment on the sidewalk, allowing riders to not wear helmets,
and the violations for which he has documentation. He felt Mr. Pratt should operate within the law, as he has to do.
In rebuttal, Mr. Pratt stated that the scooters are for rent or to buy, and that he requests people to wear the helmet, but he cannot enforce it, the police have to do that.
Motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur for discussion regarding adding two other conditions. Discussion ensued.
Motion was made by Mr. Mazur, and seconded by Mr. Savage, to approve this request subject to the following conditions: 1) The applicant shall obtain the required occupational license
within six months of this public hearing; 2) The applicant shall obtain the necessary parking variance from the Development Code Adjustment Board; 3) The applicant shall comply with
all motor vehicle safety standards and requirements in the rental of such equipment; helmets must be issued and taken with scooter riders; and 4) There shall be no outdoor storage or
display for the purpose of promoting the sale or rental of any vehicles or goods; including sidewalks and public parking areas in the immediate vicinity of the use. Motion carried 6
to 1, with Mr. Bickerstaffe voting nay.
3. James J. & Josephine Orlando TRE (Nick & Angelo's) to permit on-premise consumption and package sales of beer and wine at 2862 Gulf to Bay Blvd., Sec 17-29-16, M&B 13.31, zoned CG
(General Commercial). CU 94-20
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, James Grove, 2862 Gulf to Bay Blvd., stated that he is the new owner of this family oriented business. Mr. Grove stated that his daughter will be the full time manager during
the day. He stated that he has no experience in running a restaurant, as he has been a businessman for the past 30 years. They will be serving beer and wine only. Discussion ensued
regarding the responsible vendor program with the state.
There were no persons present to speak to this item.
Discussion ensued regarding omitting conditions #4 and #5.
Motion was made by Mr. Keyes, 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 expiration date of the current occupational license; 2) There shall be no customer accessible alcoholic beverage display areas provided; and 3) There shall
be no outdoor seating or speakers. Motion carried unanimously (7 to 0).
4. Sand Key Associates Ltd Partnership (Sheraton Sand Key Resort) to permit on-premise consumption of beer, wine and liquor at 1160 Gulf Blvd., Sec 17-29-15, M&B 33.01, zoned CR 28 (Resort
Commercial). CU 94-21
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Russ Kimball, 1546 Excaliber Drive, General Manager of the Sheraton Sand Key,., was present. Discussion ensued regarding what is planned for the area inside.
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. Bickerstaffe, to approve this request subject to the following condition: The applicant shall obtain the requisite building permit
within six months of this public hearing. Motion carried unanimously (7 to 0).
5. Waldrest Associates Ltd Partnership (Apple Cobbler Restaurant) to permit on-premise consumption of beer and wine at 19118 US Hwy 19., Sec 19-29-16, M&B 14.10, zoned CH (Highway Commercial).
CU 94-22
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
There were no persons to speak in favor or in opposition to this request.
The request was moved to the end of the meeting as the applicant was not present.
At the end of the public hearings, the applicant was not present. A motion was made by Mr. Mazur, and seconded by Mr. Savage to continue this item to the April 5, 1994 meeting.
At 4:30 p.m., the applicant arrived and the motion to continue the request was withdrawn.
Applicant Alvin Meth, 7637 12 Oaks Circle, Plain Oak, Texas, apologized for being late. He stated they are only asking for beer and wine to compliment the meals for their patrons.
Mr. Meth stated that he has owned and operated a restaurant in Belleair Bluffs.
Motion was made by Mr. Bickerstaffe, and seconded by Ms. Martin to approve this request subject to the following conditions: 1) The applicant shall obtain an occupational license within
six months from the date of this public hearing; 2) There shall be no package sales; and 3) There shall be no entertainment or outdoor speakers. Motion carried unanimously (7 to 0).
6. HRE Properties (Shells of Countryside Square, Inc) to permit on-premise consumption of beer, wine and liquor at 2543 Countryside Blvd., Countryside Village Square, Lots 5, 7, & 8
less street, zoned CC (Commercial Center). CU 94-23
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Frank Roehl, III, 14663 Village Grove Circle, Tampa, Fl 33624, Vice President, stated that there are other Shells in Florida with liquor licenses. There will be a corporate
manager in this store.
There were no persons present to speak in favor or in opposition to this request.
Motion was made by Mr. Savage, and seconded by Mr. Mazur, to approve this request subject to the following condition: The applicant shall obtain an occupational license within six months
of this public hearing. Motion carried unanimously (7 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
Request for Land Use Plan and Zoning Atlas amendments:
1. Julius N. Uhrich, property located at 1201-1215 Drew Street, Padgett's Sub, Lot 1. Z 93-08; LUP 93-19
LUP: From Residential/Office General to Commercial General
ZONE: From Residential/Office to PD (Planned Development)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant's representative, Julius Uhrich, 1643 Windsor Dr., stated that he and his son have been the owners for approximately one year. The planned uses for the buildings are: the
east building used for offices, the back building used for mini-storage, and the west building used for retail.
Discussion ensued regarding entering and exiting their parking area.
There were no persons present to speak in favor or in opposition to this request.
There were three conditions added to the six recommended by staff.
Motion was made by Mr. Merriam, and seconded by Mr. Mazur to recommend endorsement to the City Commission of the proposed Land Use Plan Amendment to Commercial General and Zoning Atlas
Amendment to Commercial Planned Development subject to the following conditions: 1) That permitted uses be limited to: a. Indoor retail sales; b. Business/professional offices; c.
Business services; d. Medical clinics/laboratories; e. Indoor, mini storage rental; f. Art galleries/studios; g. Multiple family dwellings; h. Accessory dwellings; i. Accessory
uses; 2) Indoor retail sales, and business service shall be restricted to the building on Missouri Avenue, approximately 2,200 square feet; 3) Business offices, professional offices,
medical clinics, and medical laboratories shall be limited to a total of 2,200 square feet; 4) Required parking shall not exceed available parking spaces; 5) Signage shall be as permitted
for Neighborhood Commercial district except that the property will be permitted only one freestanding sign, and such freestanding sign shall be limited to a height of 16 feet; 6) Exterior
lighting shall to restricted to a maximum height of 6 feet and shall have reflectors directing the lights so that they do not project above the horizontal; 7) Residential density shall
not exceed 18.5 u.p.a.; 8) Post "do not enter" signs on Missouri Avenue; and 9) Setback lines on the site plan shall be deleted, as the setbacks are the building lines. Motion carried
unanimously (7 to 0).
Request for Zoning Atlas amendment:
2. Shimer & Drapkin, property located at 1551, 1555, & 1559 Druid Rd., Druid Groves, Lots 1, 2 & part of Lot 3 together with vacated right-of-way. Z 94-01
ZONE: From RS 8 (Single Family Residential to RM 8 (Multi-Family Residential)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Mr. Shuford stated that this is for the zoning atlas change, but they will be back before the board regarding the non-commercial parking for a conditional use permit.
Applicant, Richard Katzeff, Exec. Director of Clearwater Community Hospital, was present. He stated that this is part of their growth in out-patient type services. He stated that they
have had good positive input from citizens regarding what they are planning for the hospital, through neighborhood meetings.
Jim Shawn discussed what the proposal is for their zoning change request. He answered questions from the board members regarding landscaping, who they contacted in the neighborhoods
around them, and the entrances and exits. Question regarding their "master plan" was discussed.
There were no persons present to speak in favor of this request.
The following person was present to speak in opposition to this request:
Cameron Wallace, 1556 Jasmine Way, stated that he is concerned about the vacated right-of-way area, and the option of a parking garage.
In rebuttal, Mr. Katzeff stated he is not aware of any restrictions pertaining to the right-of-way. He presented pictures and to the board members regarding the landscaping. Mr. Katzeff
stated that they have been a "good neighbor" for 26 years and they continue to be responsible to the community they serve.
Motion was made by Mr. Savage, and seconded by Mr. Bickerstaffe to recommend endorsement to the City Commission of the proposed Zoning Atlas Amendment to Multiple-Family Residential
"8". Motion carried unanimously (7 to 0).
Request for Land Development Code Text amendment:
3. ORDINANCE NO. 5557-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 45.24, CODE OF ORDINANCES, TO REVISE THE STANDARDS FOR THE APPROVAL
OF VARIANCES; PROVIDING AN EFFECTIVE DATE.
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Discussion ensued between Mr. Shuford and the board members regarding the standards for this ordinance.
Motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, to recommend adoption of this ordinance with changes to the standards: omitting #3, and insert the word "materially" into
#4, so it will read "and will not be materially injurious to the surrounding properties" to the City Commission. Motion carried unanimously (7 to 0).
E. CHAIRMAN'S ITEMS
Discussion ensued regarding the Rules & Regulations. There was discussion regarding the reconsideration section, as to adding "motion made by a prevailing board member".
Motion to adopt the changes to the rules were made by Mr. Merriam, and seconded by Mr. Keyes. Motion carried unanimously (7 to 0).
F. DIRECTOR'S ITEMS
Mr. Shuford said a farewell to Mr. Savage, as this was his last meeting. Brenda Nixon has been appointed as his replacement on the board.
G. BOARD AND STAFF COMMENTS
The meeting was adjourned at 4:45 p.m.
_______________________________________________
Scott Shuford, Central Permitting Director