02/14/1995 MINUTES
PLANNING AND ZONING BOARD
February 14, 1995 - 2:00 P.M.
Commission Chambers, 112 South Osceola Avenue, Clearwater, FL
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Kemper Merriam, Chair
Jay Keyes, Vice Chair
Brenda Nixon (left 5:21 p.m.)
John Carassas (left 4:36 p.m.)
Edward Mazur (arrived 2:25 p.m.)
Robert D. Bickerstaffe
Bernie Baron
Also Present: Scott Shuford, Director, Central Permitting
Sally Demarest, Board Reporter, City Clerk Department
Chairman Merriam introduced the new board member, Bernie Baron, and outlined the procedures for conditional uses. He 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 Department. Florida Law requires any party appealing
a decision of this Board to have a record of the proceedings to support the appeal.
By motion duly seconded, the minutes of the January 24, 1995 meeting were approved as submitted.
Mr. Mazur asked that p 8, para 3 of the January 10, 1995 minutes indicate his name as the involved board member.
The following requests for extension, deferred and continued items were considered:
B1. (cont. from 1/24/95) Morton Plant Life Services, Inc., (Bayview Gardens) to permit a Nursing Home at 2855 Gulf-to-Bay Blvd, Resub of Baskins Replat, part of Lot 2, zoned RM 16 (Multi
Family Residential) & OL (Limited Office). CU 95-04
The Chairman indicated this application was continued due to lack of a voting quorum at the January 24, 1995 meeting.
Central Planning Director Scott Shuford gave a brief summary of the application and presented, in writing, the staff recommendations. He indicated that on August 2, 1994 the Planning
and Zoning Board heard a similar a request from the applicant to build the nursing home in the
eastern portion of the applicant's property. The request was denied by the Board because of environmental concerns. It was noted the applicant had withdrawn an appeal formerly scheduled
for February 23, 1995. This current application locates the proposed nursing home at an entirely different location and staff feels the Land Development requirements will be met. Mr.
Shuford indicated a neighbor contacted him relative to the seawall expressing concern that the application did not include a submittal date to DEP; the applicant contended a permit carrying
a date certain would burden him. Staff agrees that the requirement stated in the suggested conditions would be adequate to cover the requirement for removal of the seawall. In addition,
Mr. Shuford reported City Attorney Pam Akin has agreed with his determination that Congregate Care Facility is the appropriate designation in terms of applying parking requirements.
Attorney Emil C. Marquardt, Jr., General Counsel to Morton Plant Hospital and Morton Plant Life Services, Inc., 400 Cleveland Street, Clearwater, speaking for the applicant, presented
a brief synopsis of the application and said the proposed relocation of the ACLF facility to the western end of the property addresses the Board's environmental concerns. He noted
the penalty to the applicant if the concrete seawall is not removed prior to the issuance of a certificate of occupancy.
Allan Stowell, 2873 Thornton Road, Clearwater, indicated he is the adjoining property owner and spoke in support of the application at this new location. He expressed appreciation
to Morton Plant Hospital for its efforts to relocate the facility to an ecologically safe area. Mr. Stowell's concern was for the concrete rubble, left by the previous owners, Bayview
Gardens, which he has contested since 1985. He requested inclusion of a condition requiring application for a permit within 90 days.
Rebutting, Mr. Marquardt said the applicant did not own the property in 1985, and would object to a condition mandating application for a permit within 90 days. He theorized the existence
of the concrete rubble was helpful in erosion control for the properties. He said, however, that the hospital will remove the rubble as it has agreed.
Motion was made by Mr. Keyes to approve the request subject to the following conditions: The applicant shall obtain the requisite occupational license within 12 months of this public
hearing; 2) the facility shall be for the care of the elderly people only, with the maximum number of residents being 120, unless further limited by the board requirements; 3) the applicant
shall obtain the necessary building permit within six months of this public hearing; 4) prior to the issuance of a building permit, a clearing and grubbing permit and a tree removal
permit (or a no tree verification form) shall be required; 5) a copy of approved SWFWMD permit shall be submitted to Environmental Management prior to the issuance of a building permit;
6) the applicant shall show all protected trees by size, species, and location on the final site plan prior to certification; 7) prior to certification, the final site plan shall delineate
the entire contiguous property under the hospital ownership including the upland and submerged lands; and 8) the applicant shall remove the concrete seawall and rubble prior to issuance
of a certificate of occupancy for the nursing home, or if permitting delays occur, the applicant shall post a bond in
an amount deemed sufficient by the City Engineer to provide for the removal of this material. The motion was duly seconded and carried unanimously.
Following the motion Ms. Nixon expressed appreciation to Morton Plant and said in this instance the hospital has the good of the community as well as its patients in mind, adding the
issue could have involved a long and expensive battle.
B2. (cont. from 10/18/94 & 11/1/94 & 12/13/94) Amza D. & Neim B. Abdullaj (Dervish Bros. Gallery Restaurant & Lounge) to permit on premises consumption of beer, wine, and liquor (expansion)
at 1370 Gulf Blvd., Sec 19-29-15, M&B 14.04 & 14.05, zoned CG (General Commercial) & OS/R (Recreation/Open Space). CU 94-84
Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He mentioned past continuances, changes to the alcoholic beverage ordinance
and the requirement of a conditional use permit due to outdoor seating. He specifically noted the approximate 60 ft. distance from a residential zone and past objections from surrounding
residents to noise during evening hours. The State has not yet rendered a final decision on the related weapons charge.
Contradictions of police reports was noted and differences in response, or whether the call was restaurant- or resident-generated, were indicated as possible reasons for the disparity.
Mr. Shuford suggested designation of a single contact person in the Police Department might address a problem of this nature in the future.
Responding to a question, Mr. Shuford said Central Permitting records indicate there is no permit on file for either the tiki bar or the former deck.
Mr. Mazur arrived at the meeting at 2:25 p.m. He later asked concerned parties for objections to his participation in subsequent discussion and vote on this item. There were none.
Attorney Harry Cline of MacFarlane, Ausley, 400 Cleveland Street, Clearwater, spoke in behalf of the applicants. He spoke at length, giving historical background of the property, and
the purchase and operation of the present restaurant business which caters to banquet-type parties. He cited the unusual location of the business on the Gulf of Mexico, adding the
owner wished to have his patrons utilize the ambiance and extraordinary view. He said the expansion of the existing 4-COP-SRX license is for alcoholic beverage sales on a proposed
second-floor deck, adjacent to the dining room.
Mr. Cline stressed the proposed deck would not be a commercial beach bar, would have no outside speakers, entertainment or music, and limited hours of operation and noise. He opined
the planned use would not propose an excessive burden or substantial impact on neighbors and cited similar restaurant/condominium co-existence situations.
Amza Abdullaj, owner and one of the Dervish Brothers, 1370 Gulf Boulevard, Clearwater, was present but did not speak.
Speaking for the opposition, Attorney Ed Armstrong, 911 Chestnut Street, Clearwater, represented Sand Key Club, the neighboring properties to the south. He asked those owners present
to stand; approximately 40 persons stood. Continuing, Mr. Armstrong noted the distance of 54 ft. between the proposed deck and the neighboring residential zone, adding the required
separation distance is 200 ft. He relayed the five standards for approval which the applicant does not meet. He said the use is not compatible with the surrounding natural environment;
has a detrimental effect on surrounding properties; is incompatible with surrounding setbacks, appearance, architectural design, etc.;and traffic is dissimilar to surrounding uses.
He said a proposed wall would not buffer noise generated on the deck.
Frank Prescott, 1390 Gulf Boulevard, Clearwater, president of Clearwater Sand Key Club Condominium Association, represented his group as friends of Mr. Abdullaj and patrons of the restaurant.
His group's points of contention were the appearance of the deck, the lack of toilet facilities and a place where employees could wash their hands. There was an objection to noise
generated by the persons who would be served alcoholic beverages served on the outdoor deck.
A person speaking in opposition who identified herself as Dr. Smith, living at Crescent Beach Club to the north, said these units provide approximately $350,000 in yearly tax revenue.
She opposed the application because of the potential for noise, increased crime, alcoholic beverage sales on the beach, and the proximity of the deck to neighboring porches.
Grace Mandicott, 1430 Gulf Boulevard, Clearwater, president of South Beach II Condominium Association, concurred with Dr. Smith, and said the $2.00 automobile parking which the restaurant
offered to transients created litter and beach disturbance.
In rebuttal, Mr. Cline gave positive assurance there would be no bar on the deck; it is a dining area only. He opined the small deck would not be an unreasonable or excessive burden
to the neighborhood. He offered tax records to prove that approximately 70% of the surrounding residences were non-homesteaded.
In the ensuing discussion, an opinion favoring the application and concern for present and future property owners were expressed.
A motion for denial was made by Mr. Bickerstaffe. The motion was duly seconded and upon the vote being taken, Chairman Merriam, Ms. Nixon, Messrs. Bickerstaffe, Mazur, Carassas and
Baron voted "aye"; Mr. Keyes voted "nay". The motion carried. (6-1)
The following Conditional Use requests were considered:
C1. Clearwater Community Hospital/Richard H. Katzeff, CEO to permit noncommercial parking at 1550-1570 Jasmine Way, Druid Groves, Blk A, Lots 7-12 & l/2 vacated street, zoned RM 8 (Multi
Family Residential). CU 95-06
Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated this request is being filed in conjunction with item D-4 and
suggested that items C-1 and D-4 (the RM-8 rezoning request) be presented and discussed simultaneously but voted upon separately. The Chairman and Board members agreed. Mr. Shuford
particularly noted two letters received from Ms. Gloria Moore expressing concerns relative to exposure of homes in the area to traffic and the sight of the parking lot. She suggested
fencing similar to that on the southern boundary. Mr. Shuford said this is the maximum expansion area of parking that could receive staff support in this particular area. He mentioned
the increased number of property owners notified in addition to the 200 ft. required limit, due to public interest and concern.
Speaking for the applicant, Tom Matthews, Chief Financial Officer of Clearwater Community Hospital, 11521 E. Druid Road, Clearwater, gave a brief history of the hospital's health care
involvement and growth, and said the expansion of services created the desperate need for the additional employee parking area.
Architect Jim Shawhan of Harvard, Jolly, Clees & Toppe, PA, 2714 9th Street North, St. Petersburg,
designed the 120-space parking area with consideration of water retention, existing trees, exits on adjacent streets, lighting and landscaping. The architect was complimented on the
proposed landscaping. Exception was taken to the 24 in. hedge and a suggestion was made to allow the oleander hedge to grow to full size; Mr. Shawhan said he was sure the hospital
would agree to this stipulation.
A neighbor speaking in opposition, Gerard Coleman, 1555 Magnolia Drive, Clearwater, said he had not received notification of public hearings in the past, although he did this time.
He questioned why the City Commission and Board would devalue the properties in the area and cited the reduction of tax base caused by Morton Plant Hospital.
Another neighbor, John Casanieri, 715 South Glenwood Avenue, Clearwater, said he has lived in the area 15 years and disapproved of the additions to the hospital. He suggested the hospital
purposely deceived everyone and said the people in the neighboring area do not know what can happen to them. He cited high rise hotels in Atlantic City as an example. He objected to
the City taking properties off the tax roles and Morton Plant's destruction of the waterfront area. He said the Commission is not as considerate as the Board members are, and the situation
with the helicopter has been resolved.
Gloria Moore, 1559 Jasmine Way, Clearwater, said due to the tardiness of notification she had little time to contact concerned neighbors . She distributed and described several photographs
of
the area. She expressed concern for future water problems, wild animals and birds and objected to gas fumes and dust, noise, lack of privacy and the height of lighting.
Rosemary Meredith, 1563 Jasmine Way, Clearwater, speaking in opposition, noted privacy and safety concerns and objected to the low buffering hedge. She suggested a six ft. wall; Mr.
Shuford said such a wall could endanger existing trees. He suggested gaps for trees with additional landscaping.
Speaking in rebuttal, Mr. Matthews said the hospital wants to work with the community and does not intend to deceive anyone. He said the proposed employee parking lot is in the rear,
away from the front entrance.
Mr. Matthews was advised that it would be incumbent upon the hospital to ensure that parking use conditions would be met, either with parking decals, a security person, car gate or guard.
The need for a substantial buffer on the south side of the new parking lot and identifying signs was expressed.
A berm was suggested; Mr. Shuford cautioned about the location of trees and underground utilities. He suggested the applicant could change their request to Residential Planned Development
(RPD) to allow construction of a fence in the setback area and supported use of a car gate.
Motion was made by Mr. Bickerstaffe to continue the request to the February 28, 1995 meeting to allow staff discussion and recommendations with regard to technical issues. The motion
was duly seconded and carried unanimously. The Chairman suggested the applicant meet with neighbors in an effort to amicably resolve their differences on this matter.
The meeting recessed at 4:27 p.m., reconvening at 4:36 p.m. Mr. Carassas left the meeting during the recess.
C2. REC I/Dansk Plaza Limited Partnership/Charles Strahota (Sticks and Stones Billiards) to permit on-premise consumption and package sales of beer and wine (new license) at 2790D Gulf-to-Bay
Blvd, Sec 17-29-16, M&B 24.02, zoned CG (General Commercial). CU 95-07
Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He briefly described the business and its effect upon surrounding residential
uses. The applicant was not present. Motion was made by Mr. Bickerstaffe to move the item to the end of the agenda to accommodate the possible late arrival of the applicant. The motion
was duly seconded and carried unanimously.
At the close of the meeting, when the applicant did not appear, motion was made by Mr. Mazur to continue the request to the February 28, 1995 meeting. The motion was duly seconded and
carried unanimously.
C3. Ester S. & Keith A. Fortley (Seal-Jet Technology, Inc.) to permit manufacturing at 716 Laura St., Gould & Ewing 2nd Addition, Blk 15, part of Lot 14, zoned UC(C) (Urban Center Core).
CU 95-08
Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He said the light manufacturing business will not present a parking problem
for surrounding uses.
The applicant, Marc Vallieres, 214 S. Highland Avenue, Clearwater, explained there are no chemicals, heat, waste residue and uses very little water. He said he would be the single operator
of the manufacturing equipment, and business will be conducted by telephone.
There were no persons or documents in support of or opposition to the application.
Motion was made by Mr. Mazur to approve the request subject to the following conditions: The applicant shall obtain the required occupational license within six months of the date
of this public hearing; and 2) any noise and traffic generated by the use shall be compatible with the surrounding uses. The motion was duly seconded and carried unanimously.
C4. Roberta M. Golding & Loren M. Pollack, Trustees of the Estate of Stuart S. Golding (Watermill Express I, Ltd) to permit outdoor retail sales, displays, and/or storage at 1861-1897
N. Highland Ave, Sunset Square Sub, Lots 1 & 4, zoned CC (Commercial Center). CU 95-09
Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He distributed pictures and information provided by the applicant which explained
the service, indicating staff felt the use was acceptable, noted the windmill design and said the sign would require adherence to regulations.
Speaking for the applicant, Victor Strauss, 600 Bypass Drive, Clearwater, displayed two poster sized pictures depicting the exterior and computer-controlled interior of the structure
and described it as "well-anchored" to withstand hurricane force winds. He explained public water is passed through a very sophisticated purification system rendering an extremely high
quality product. Mr. Strauss addressed parking and his concern with safe access.
There were no persons or documents in support of or opposition to the application.
Motion was made by Mr. Mazur to approve the request subject to the following conditions: The applicant shall obtain the requisite building permit within six months from the date of
this public hearing; and 2) the applicant shall meet all supplementary conditions for outdoor retail sales, displays and storage in accordance with Section 41.053(23) of the City Land
Development Code. The motion was duly seconded and carried unanimously.
C5. D U Chap, Inc (B and B Sales, Inc) to permit outdoor retail sales, displays, and/or storage of vehicles at 2570 Gulf-to-Bay Blvd, Sec 18-29-16, M&B 14.10, zoned CH (Highway Commercial).
CU 95-10
Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated the request was for vehicle sales on a property which has been
vacant for some time. He suggested a perimeter landscaping condition be added to the conditions provided by staff. Mr. Shuford said an upgrade to current code is not necessary for
a property of this kind, but incremental upgrading such as one tree per 40 feet of front footage would be required.
It was noted that the application was for outdoor retail sales only, and vehicle repair, other than simple car maintenance procedures, will not be allowed.
The applicant, Robert Santorelli, 208 12th Avenue, Indian Rocks, described the business and said no repair work whatsoever will be performed. A wooden fence which had been questioned
has already been taken down. He reported a theft of oleander, oak trees and other landscaping. Parking has been approved and Mr. Santorelli said he is anxious to comply with any Board
stipulation.
Speaking in support of the applicant, Ken Ullman, 2750 South Pines Drive #138, Largo, said Central Permitting approved the parking this date, and in his opinion all issues have been
addressed.
There were no persons or documents in opposition to the application.
Motion was made 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 meet all supplementary conditions for outdoor retail sales, displays and/or storage in accordance with Section 41.053(23) of the City Land
Development Code; 3) the applicant shall obtain the necessary building permit within six months of the date of this public hearing; 4) no repair operations shall be permitted on the
site; 5) the parking lot shall be paved and the final parking lot layout shall be in conformance with the Land Development Code and subject to final approval by the City Traffic Engineer
within 60 days from the date of this public hearing; 6) no vehicles shall be displayed for sales within any required open space/front yard areas or street right-of-way; and 7) the
required perimeter landscaping materials as required in Section 42.27 of the code shall be installed to the extent possible given existing site conditions. The motion was duly seconded
and carried unanimously.
C6. City of Clearwater to permit utility facilities to construct a retention pond at 375 Hampton Rd, Sec 17-29-16, M&B 13.06, zoned RS 8 (Single Family Residential). CU 95-11
Speaking for Roy Sattinger of the City Engineering Department, Mr. Shuford reported that, in order to ensure water quality requirements, installation of a water retention facility was
necessary in conjunction with the widening of Hampton Road.
There were no persons or documents in support of or opposition to the application.
Motion was made by Mr. Bickerstaffe to approve the request subject to the following conditions: The applicant shall obtain the requisite building permit within six months of the date
of this public hearing; and 2) at a minimum, the use shall meet the perimeter landscaping requirements of Section 42.27(3) for nonresidential properties, unless located in an area where
the environmental characteristics make such buffering impractical. The motion was duly seconded and carried unanimously.
The following annexation, zoning, Land Use Plan Amendment, Land Development Code Text Amendment and Local Planning Agency Review items were considered:
Notice of Change of Land Use; Notice of Change in Zoning
D1. Loveland Sub, Lots 14-22, and part of Sec 27-29-15, part of M&B 21.01 & 21.011; Z 94-12
ZONE: From CC (Commercial Center) to CG (General Commercial)
OWNER(s): Barnett Bank of Pinellas County
Mr. Shuford offered a letter from the applicant which indicated agreement to the OL zoning change. He expressed surprise that the applicant did not appear at the meeting today. It
was the consensus of the Board not to take action on items D1, D2 and D3 because of the magnitude of the proposed project without the applicant being present.
Motion was made by Ms. Nixon to continue the request to the February 28, 1995 meeting. The motion was duly seconded and carried unanimously.
D2. Loveland Sub, Lots 3-4, and part of Sec 27-29-15, part of M&B 21.011; Z 94-13;
LUP 94-34
LUP: From Residential Medium to Commercial General
ZONE: From RM12 (Multiple Family Residential) to CN (Neighborhood Commercial)
OWNER(s): Barnett Bank of Pinellas County
Motion was made by Ms. Nixon to continue the request to the February 28, 1995 meeting. The motion was duly seconded and carried unanimously.
D3. (a) Sec 27-29-15, part of M&B 21.011; (b) Sec 27-29-15, part of M&B 21.01 & 21.011;
Z 94-14; LUP 94-33
LUP: (a) From Residential Medium to Preservation
(b) From Commercial General to Preservation
ZONE: (a) From RM12 (Multiple Family Residential) to P (Preservation)
(b) From CC (Commercial Center) to P (Preservation)
OWNER(s): Barnett Bank of Pinellas County
Motion was made by Ms. Nixon to continue the request to the February 28, 1995 meeting. The motion was duly seconded and carried unanimously.
D4. 1550-1570 Jasmine Way, Druid Groves, Blk A, Lots 7-12, and vacated right-of-way adjacent to the West side of Lot 12. (Clearwater Community Hospital). Z 94-15
ZONE: From RS 8 (Single Family Residential) to RM 8 (Multiple Family Residential)
The Chairman and board members had previously agreed to discuss items C1 and D4 simultaneously but vote upon each item separately (see p 4).
Motion was made by Mr. Bickerstaffe to continue the request to the February 28, 1995 meeting. The motion was duly seconded and carried unanimously.
The following Land Development Code Amendments were considered:
D5. Ordinance No. 5768-95 of the City of Clearwater, Florida, relating to the Land Development Code; amending Sections 40.433 and 40.434, Code of Ordinances, to provide for revised
permitted and conditional uses in the Infill Commercial District; amending Section 41.053, Code of Ordinances, to establish supplementary standards for approval for new conditional uses
allowed in the Infill Commercial District; providing an effective date.
Mr. Shuford gave the background of the proposed code amendment indicating three different uses and standards for approval in the Infill Commercial District which was prepared pursuant
to the direction of the City Commission. Mr. Shuford said the proposed amendment will address concerns of the Board relative to Lakeview Road rezoning.
Motion was made by Mr. Mazur to recommend endorsement to the City Commission. The motion was duly seconded and carried unanimously.
D6. Ordinance No. 5769-95 of the City of Clearwater, Florida, creating Section 30.058 to establish vehicle parking restrictions in residential areas, including a prohibition of parking
on lawns and open space areas of single family, duplex, and triplex uses in residential zones and any unpaved street right-of-way adjacent thereto; to authorize the issuance of parking
tickets for any violation of the parking restrictions in residential areas; deleting Section 42.34(9) regarding parking restrictions in residential areas and incorporating the provisions
contained therein in Section 30.058; providing an effective date.
Mr. Shuford gave the background of the proposed code amendment noting two letters from the Old Clearwater Bay Neighborhood Association in support. A meeting with approximately 20
concerned citizens contributed to the data gathering which addresses parking on the front lawns of single family, duplex and triplex homes.
Following a brief discussion, motion was made by Ms. Nixon to recommend endorsement to the City Commission with the following three changes: 1) item 2(b) line 3, delete for the owner
or lessee of and substitute to park; 2) item 2(b) line 6, delete to park said vehicle; and 3) item 5(b) line 3, delete six hours and replace with 24 hours. The motion was duly seconded
and carried unanimously. The Chairman expressed the need for the public to notified should the proposed amendment be approved; Mr. Shuford suggested notification via the local City
television channel.
The following Chairman's items were considered:
Chairman Merriam asked that in the future, speakers be limited as to time. It was suggested that speakers be notified of time limitations at the start of the meeting, and these limitations
be enforced. It was noted that there is no forewarning signal on the timer, so at the sound of the signal, speakers will be allowed an additional approximately 30 seconds to conclude
their presentations. Chairman Merriam also asked that there be no cross-talking among Board members during meetings.
The following Director's items were considered:
The revised Rules and Regulations were provided by Mr. Shuford to the Board members. He said, with the agreement of the City Attorney, the provision regulating whether a member may
discuss or vote on an item if they were not present for the entire presentation was deleted, and participation in discussion or vote will be up to the discretion of the member. The
Revised Rules and Regulations will be agendaed for the February 28, 1995 meeting.
Ms. Nixon left the meeting at 5:21 p.m.
Mr. Shuford said the item relative to the receipt and referral process for site plan and conditional use review is being assessed by the City Attorney and will be introduced at the next
meeting. He said he believed the proposed item covers the issues of greatest concern to the Board.
There being no further business, the meeting adjourned at 5:57 p.m.
_____________________________
Scott Shuford, Chairman
Director, Central Permitting