08/29/1995 PLANNING AND ZONING BOARD
August 29, 1995
Members Present: Kemper Merriam, Chair
Jay Keyes, Vice Chair
Edward Mazur
Brenda Nixon
Members Absent: Robert D. Bickerstaffe
Bernie Baron
7th seat vacant
Also Present: Scott Shuford, Director, Central Permitting
Gwen Legters, Board Reporter, City Clerk Department
The meeting was called to order by the Chair at 2:00 p.m. in the Commission Chambers of City Hall, followed by the Invocation and Pledge of Allegiance. He 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, may appeal through the City Clerk Department
within two weeks. He noted Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal.
In order to provide continuity, the items will be listed in agenda order although not necessarily discussed in that order.
A. Approval of Minutes - August 15, 1995
Member Merriam expressed concern with use of the term “blue collar” on page 2, Item C.1, second paragraph. It was indicated this term was used by the applicant to describe his clientele.
Member Merriam questioned page 3, third condition of approval in Item C.2. He did not feel six months after issuance of the building permit was enough time to complete construction
and obtain the certificate of occupancy. Mr. Shuford stated if the applicant is making a good faith effort and cannot meet the time frame, an extension can be granted, either by the
Board, or administratively from his office.
Member Keyes moved to approve the minutes of August 15, 1995 in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously.
B. Requests for Extension, Deferred and Continued Items
1. (continued from 6/27/95, 7/18/95, & 8/15/95) 1221 & 1256 Bay Ave, 323 & 325 Pinellas St, and 1225 Reynolds Ave, Westover Sub, Blk B, Lots 1-2 & 17, C. Perry Snell's Bluff View Court,
Lots 22-24, and S.J. Reynolds Sub, Lot 8 (Morton Plant Hospital Association and Evmorphia M. Kralis). Z 95-02;LUP 95-13
LUP: From Residential/Office General to Institutional
ZONE: From OL (Limited Office) to MPD (Master Planned Development)
Member Mazur declared a conflict of interest with regard to this application.
Emil C. Marquardt, Jr., attorney representing the applicant, stated he requested a 30-day continuance at the August 15 meeting. Consensus was to continue this item to the meeting of
September 19, 1995.
C. Conditional Uses
1. DMR Corp d/b/a Fuel Mart, Inc, to permit outdoor retail sales, displays and/or storage of vehicles at 1345 S. Ft. Harrison Ave, Belleair, Blk 15, Lots 7 & 8, zoned IL (Limited Industrial).
CU 95-53
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. He stated staff recommends approval subject to seven conditions.
In response to a question, Mr. Shuford stated no occupational license for outdoor sales has ever been obtained for this property, so that use was never formally established.
David Hutcheson, representing the applicant, questioned if the location of required parking spaces may be altered on the plan. Consensus was to sanction administrative authority for
staff to relocate the requisite parking spaces as needed.
Clarification was requested regarding the names of the property owner, business and lessee. Staff is to review the paperwork for consistency.
Member Mazur moved to approve Item C.1 subject to the following conditions: 1) Approved access from S. Ft. Harrison Avenue and Lakeview Road and parking shall be provided in accordance
with the requirements of City staff regarding parking location only; 2) Landscaping shall be provided on the property in accordance with the plan submitted by the applicant, and in no
case shall there be less than an average of five feet of landscaping provided adjacent to all street rights-of-way, exclusive of aisles; 3) There shall be no storage or display of vehicles
in any street right-of-way or required landscaped area; 4) A Building Permit shall be obtained within 60 days from the date of this public hearing, which shall be drawn to scale, clearly
indicate vehicle display areas, parking space and vehicular access dimensions, and landscaping for review by all affected departments for code compliance. Applicant's automobile sales
operation shall not deviate from the plan, once approved; 5) There shall be no vehicle service conducted on site, as defined by Land Development Code. Section 35.11; 6) Any excavation
on the site shall be limited to pavement and base removal as may be necessary to provide landscaping; 7) The required certificate of occupancy and city occupational license shall be
obtained within 12 months of the date of this public hearing; and 8) Site lighting shall be screened with 90 degree cutoff mechanisms, directed downward and away from adjoining properties
and street rights-of-way. The motion was duly seconded and carried unanimously.
2. Equator, Inc/Boston Investment Group, Inc d/b/a Jamz-N-Java to permit nightclubs, taverns and bars (change of business ownership) at 2516 Gulf to
Bay Blvd, Studebaker's Sub, Lot 2, zoned CG (General Commercial). CU 95-54
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. He stated staff is pleased to see the applicant resolving some of the problematic issues
associated with this long-standing restaurant/nightclub. Improvements to the exterior of the building include removing the neon palm trees of the former Calypso Bay nightclub.
Concern was expressed with a suggested condition prohibiting outdoor activities, including temporary events. This was not felt to be fair because an adjacent church is allowed to have
outdoor events with appropriate permits. Mr. Shuford explained the City has experienced complications with outdoor events in the past because temporary events are not regulated by the
code. Also, staff wished to preclude the possibility of disturbing the neighboring church and residential properties with outdoor noise. Consensus of the Board was the applicant should
be allowed the same privilege enjoyed by others and should not be restricted from requesting permits for outdoor uses, if they desire.
One member did not agree with a suggested condition requiring valet parking. It was indicated that condition was included at the suggestion of the applicant. Consensus was to strike
that condition.
Cheryl A. Ozgopoyan, General Manager of the subject business, stated while the business is primarily a restaurant, it will sell alcoholic beverages. She requested a copy of the proposed
conditions and discussion ensued.
In response to questions, Ms. Ozgopoyan stated they propose to provide parking lot security from 10:00 p.m. to 3:00 a.m. A copy of the police report was requested and reviewed by the
Board. While the complaints reflected in the report related to previous businesses, it was noted the majority of the calls occurred around 11:00 p.m. The 10:00 p.m. start time was
felt to be adequate.
One member requested a condition relating to outdoor site lighting.
In response to questions, Ms. Ozgopoyan stated they proposed to open for business on September 8 and she has a verbal agreement with Florida Power to lease part of their right-of-way
for additional parking. She felt she would receive the paperwork outlining the terms by the end of next week. She said they will be allowed to use the entire right-of-way with the
exception of 15 feet from the oil pipeline. There is to be no charge for parking.
One member expressed concern with allowing the business to open without sufficient parking in place and suggested, either a parking variance, or tying the parking lease into the opening
date. Ms. Ozgopoyan did not feel that would allow enough time and requested 30 days to have written proof of the lease.
Discussion ensued regarding parking calculations for the proposal. Mr. Shuford explained the lack of parking for a nightclub on this site has been accepted for some time due to the
arrangement with Florida Power. He did not feel there would be a parking problem due to the new business operating as more of a restaurant than a nightclub. He indicated the on site
parking was more than sufficient for a restaurant and the overflow arrangement was simply a formality to allow a change of ownership of the old 4-COP-SR license. He suggested allowing
the applicants 30 days to secure the lease agreement so they will not be
held up past their projected opening date. Mr. Shuford indicated, if the lease is not obtained, the alternatives were for him to seek administrative authority to grant a waiver to the
code requirement, or for the applicant to request a parking variance.
Discussion ensued regarding management of the new operation. Ms. Ozgopoyan stated this is an entirely new entity at this location and has nothing to do with Calypso Bay. In response
to a question, she indicated Calypso Bay did not have an active parking agreement with Florida Power at the time they sold the property. It was not known if a previous agreement had
expired, of if there never was an agreement.
The applicants were informed an affirmative vote from all four members was required for approval.
Ms. Ozgopoyan responded to questions concerning the cover charge, valet parking charge and the Top 40 music. She indicated there is no intention for outdoor seating at present. The
outdoor lattice awning is being replaced with a more permanent awning for weather protection.
Ray Ballou, representing Equator, Inc. spoke in support of the application and explained the relationship of the business and property owners. He did not feel there would be a problem
with the parking, as it was just a matter of getting the paperwork signed.
Ms. Ozgopoyan stated this is a totally new concept in the Clearwater area and eight more units are anticipated once this one is perfect. She stated they get along very well in Clearwater.
Discussion ensued regarding new conditions and amendments to the suggested conditions of approval.
Member Mazur moved to approve subject to the following conditions: 1) The sale of alcoholic beverages shall be limited to consumption on premises only, with no package sales; 2) The
applicant shall secure an agreement with Florida Power Corporation for use of the Florida Power right-of-way for the required additional parking within one month from the date of this
public hearing; 3) A minimum of two security personnel shall be provided to police the parking lot between the hours of 10:00 p.m. and 3:00 a.m. Friday and Saturday nights; 4) This approval
shall be for a nine month trial period from the date of issuance of the occupational license, after which the application will be reviewed for compliance with the established conditions
of approval; 5) Site lighting shall be screened with 90 degree cutoff mechanisms, directed downward and away from adjoining properties and street rights-of-way and shall be installed
within three months from the date of this public hearing; and 6) Prior to the issuance of the certificate of occupancy, the applicant shall submit a site landscaping plan to Environmental
Management for review. The motion was duly seconded and carried unanimously.
D. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment and Local Planning Agency Review
Mr. Shuford gave the background of cases D.1 through D.4 and presented, in writing, the staff recommendations. It was noted the staff reports do not contain the street addresses of
the requested annexations. Staff is to amend the reports for inclusion with the City Commission agenda packets.
1. 1304 Parkwood St, Pine Ridge Sub, Blk A, Lot 11 (Mary J. Koger). A 95-20;LUP 95-23
LUP: Residential Low
ZONE: RS 8 (Single Family Residential)
Member Mazur moved to endorse Item D.1 to the City Commission. The motion was duly seconded and carried unanimously.
2. 1939 Sunset Point Rd, Sec 01-29-15, Pinellas Groves Sub, SW l/4, part of Lot 3 (Linda J. Pappas & Daniel R. Silvie). A 95-21;LUP 95-24
LUP: Residential Medium
ZONE: RM 16 (Multiple Family Residential)
Member Mazur moved to endorse Item D.2 to the City Commission. The motion was duly seconded and carried unanimously.
3. 1850 McMullen Booth Rd, Sec 04-29-16, M&B 32.05 (Countryside Christian Center). A 95-22;LUP 95-26
LUP: Institutional
ZONE: P/SP (Public/Semipublic)
In response to a question, Mr. Shuford responded, although the church property will not contribute significantly to City revenues, the applicants will pay for water and sewer services
when they come into the City. He indicated impact fees could be required if additional services or building expansion occur in the future.
Member Keyes moved to endorse Item D.3 to the City Commission. The motion was duly seconded and carried unanimously.
4. 1105 Engman St, Greenwood Park No. 2, Blk E, Lot 31 (Bertha Dorsey). Z 95-07; LUP 95-25
LUP: From Residential Medium to Commercial General
ZONE: From RM 12 (Multi-Family Residential) to CNG (North Greenwood Commercial)
Mr. Shuford explained the subject property is a small lot located immediately adjacent to the North Greenwood Commercial district. He stated approval of this request will allow improvements
to the property which has been used as a beauty salon continuously for more than 20 years. He said the property should have been included in the North Greenwood rezoning district, but
was overlooked. As a result, the property does not qualify for business improvement funds available to businesses in the North Greenwood Commercial district.
Concern was expressed that allowing this rezoning could set an unwanted precedent for commercial expansion into the residential area. Mr. Shuford did not feel this would be the case
in view of the long-standing commercial use of the subject property.
Member Keyes moved to endorse Item D.4 to the City Commission. The motion was duly seconded and carried unanimously.
E. Chairman's Items - None
F. Director's Items
1. Alcoholic Beverage Regulation Memorandum
In response to a Board inquiry, Mr. Shuford referred to a letter from Thomas Klein, Chief Attorney of the Florida Department of Business and Professional Regulation, regarding state
laws pertaining to local regulation of alcoholic beverage display and packaging.
Member Mazur reiterated his concern that selling single cans of beer encourages drinking while driving. He also expressed concern when businesses do not fulfill promises made under oath.
Ms. Nixon indicated that is because the Board has no way of following up with applicants or enforcing the conditions of approval.
Consensus was to include this as a discussion item at the meeting of October 3, 1995.
2. Planning & Zoning Board Annual Report
Mr. Shuford distributed a format for the report. Consensus was to continue discussion to the next meeting.
3. Other
Member Nixon requested discussion of a site lighting ordinance similar to what is done in Vermont. She expressed concern energy is wasted on unnecessary lighting. Mr. Shuford said
he will seek additional information regarding what is done in other communities and the overall effect of lighting on the night canopy.
G. Board and Staff Comments
Member Mazur questioned Board rules regarding voting without a quorum and discussion ensued. Staff is to investigate.
Discussion resumed regarding the Jamz-N-Java parking issue and the traffic flow designations along Gulf to Bay Boulevard. Mr. Shuford reiterated if they were to change from a nightclub
to a restaurant, additional parking would not be needed. The proposed operation is clearly more of a restaurant use, however, the applicant does not want to give up the nightclub license.
Member Mazur expressed concern with allowing businesses to open prior to meeting all Code requirements.
H. Adjournment
The meeting adjourned at 3:58 p.m.
Chair