07/01/1997PLANNING AND ZONING BOARD
CITY OF CLEARWATER
July 1, 1997
Present:
Edward Mazur
Brenda Harris Nixon
Robert D. Bickerstaffe
Frank Kunnen
Douglas Hilkert (arrived 2:12 p.m.)
Vacant Seat
Vacant Seat
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Leslie Dougall-Sides
Sandy Glatthorn
Steve Doherty
Gwen Legters
Assistant City Attorney
Planning Manager
Zoning Section Supervisor
Board Reporter
The meeting was called to order at 2:00 p.m. in City Hall, followed by the Invocation, Pledge of Allegiance, meeting procedures, and the appeal process.
To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order.
Minutes Approval -- June 3 and June 17, 1997
This item was continued to allow time for members to receive and review the minutes.
B. Requests For Extension, Deferred and Continued Items
B1. Time Extension - Lima Lake, Inc. (Yacht Basin Apartments) to permit marina (20 slips) at 501 Mandalay Ave, Yacht Basin Sub, Lots 109, zoned RM 24 (Multi Family Residential) and P (Preservation.)
CU 97-09
In a letter dated May 15, 1997, the applicants’ representative requested a six month extension to allow time to obtain the requisite State and County permits. In response to a question,
Ms. Glatthorn said the conditions of approval will not change.
Member Kunnen moved to approve a six month time extension for Item B1, CU 97-09. The motion was duly seconded and carried unanimously.
B2. (Continued from June 3, 1997) John N. Shropshire (Gulf to Bay Diagnostic) to permit outdoor retail sales, displays and/or storage at 1420 Gulf to Bay Blvd., Knollwood Replat, Blk 3,
Lots 2, 19, and part of Lot 3, zoned CG (General Commercial). CU 97-29
Mr. Doherty presented background information and written staff recommendations, stating the applicant wishes to place a mobile MRI (Magnetic Resonance Imaging) facility inside a tractor
trailer parked behind a doctor’s office on the subject property. This item had been continued at staff’s request allow time for further research, to ensure the applicant has fully addressed
compatibility issues. Concerns had been expressed regarding the impact such a
unit may have on heart pacemakers, televisions and computer equipment in the adjacent duplex dwelling located 50 to 75 feet from the MRI facility. The applicant submitted a packet of
information just prior to the June 3 meeting relating to the principles of operation and safety of the equipment. Staff had indicated they could not support the request without more
substantive information regarding the safety of the unit and the effect on its surroundings. Supplemental information was submitted in a letter dated June 27, 1997, explaining how the
equipment meets the safe levels of operation recommended by General Electric and the Federal Food and Drug Administration. As the corner of the nearest dwelling unit falls within the
line of lowest electromagnetic output, the applicant rented the dwelling unit and agreed to keep it vacant until the MRI facility is removed.
Robert Jackson, the applicant, responded to questions regarding orientation of the equipment on the site in relation to pedestrian and vehicular access. No verbal or written support
or opposition was expressed.
Member Nixon moved to approve Item B2, CU 97-29, subject to the following conditions: 1) The applicant shall rent and keep vacant the duplex unit located closest to the MRI facility
until the facility is removed; 2) This approval shall expire one year after the date of this public hearing at which time the MRI mobile facility shall be removed; 3) A building permit
shall be obtained within 30 days from the date of this public hearing; and 4) The applicant shall provide the City with a letter signed by an appropriately licensed engineer which confirms
the MRI has been properly sited; This letter shall be supplemented with a plan of the MRI showing the perimeter established about the facility outside of which people can safely live
without being adversely affected by electromagnetic radiation generated by the MRI. The motion was duly seconded and carried unanimously.
C. Conditional Uses
C1. William M. Shephard, TRE/Lagoon Resort Motel (Clearwater Parasail) to permit outdoor commercial recreation (parasail) at 619 S Gulfview Blvd Sec 17-29-15, M&B 22.01 and Bayside Sub
#5, Blk C, Lots 1-5 & riparian rights, zoned CR 28 (Resort Commercial.) CU 97 33
Mr. Doherty presented background information and written staff recommendations, stating the applicants wish to move an existing parasail operation from its present location near Hamden
Drive, to Shephard’s Resort Hotel. The City Harbormaster supports the proposal; however, expressed concern for safe loading of passengers due to the location outside the “no wake” zone
in the heavily traveled pass. Staff supported the request provided the parasail is not flown while the boat is in Clearwater Pass. Staff recommended approval with four conditions.
Tim Johnson, attorney representing the applicant, said the business has experienced no problems at its original location. The captain prefers the Shephard’s location due to the reduced
travel time to open water. He described conditions in the general vicinity of the Intracoastal Waterway related to “no wake” zones, and the captain’s safety record. He said the captain
is currently allowed to parasail within the Intracoastal Waterway. He stressed the captain would never parasail inside the pass, but sometimes weather is too rough to allow safe sailing
in open water. He requested deletion of the portion of condition #4 restricting parasailing activities to the area outside the breakwaters.
Mr. Johnson responded to questions regarding safe passenger loading. Staff did not object to amending condition #4, subject to the Harbormaster’s approval. Board members concurred,
indicating such limitations have not been placed on other parasailing requests that have come before the board.
No verbal or written support was expressed. One hotel operator spoke in opposition to the application, citing a concern with increasing the heavy weekend boat traffic behind hotels
in the vicinity.
Mr. Johnson responded no one has cited any problems that have resulted from heavy boat traffic. He noted the Coast Guard and County Sheriff’s office have expressed no concerns. He
suggested, if it becomes necessary, the amount of boat traffic is an issue for the City Commission to address.
Member Bickerstaffe moved to approve Item C1, CU 97-33, subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within 90 days of the date
of this public hearing; 2) The boat shall be operated only by a captain having the appropriate US Coast Guard License whenever customers are on board; 3) The passenger capacity of the
vessel shall be limited to a maximum of 6 passengers; and 4) There shall be no actual parasailing activities in Clearwater Pass. The motion was duly seconded and carried unanimously.
C2. Morton Plant Hospital Association, Inc./Betty Jones/Joyce Silver to permit noncommercial parking at 710 N Myrtle Ave, R.H. Padgetts Sub, Blk 1, Lots 5 & 6 less St; Blk 2, Lots 1
& 2; and part of proposed vacated Alden Ave, zoned RS 8 (Single Family Residential.) CU 97 34
Mr. Doherty presented background information and written staff recommendations. The applicant wishes to create an overflow parking lot for a proposed Family Residency Program development
to be located diagonally northeast of the site. He detailed zoning, parking and right-of-way requirements. Staff supported the request, subject to five conditions, as it appears to
be compatible and should not negatively impact surrounding properties.
Emil C. Marquardt, Jr., attorney representing the applicants, stated the hospital wishes to develop an approximate 25,000 square foot family practice residency program in conjunction
with the University of South Florida School of Medicine. The hospital acquired the subject parcel for use if overflow parking becomes necessary. He was not aware of any public concerns
regarding the request. Mr. Marquardt responded to a question regarding Environmental Management ’s note that fencing is required for buffering adjacent to residential property.
No verbal or written support was expressed. Three people spoke in opposition on behalf of St. Matthews First United Baptist Church, citing the following concerns: 1) a parking lot
will create traffic hazards for church patrons; 2) inconsistency of a parking lot with the 100-year-old church and its related structures; 3) noise may not be adequately buffered by
a wall; 4) addition of a stormwater retention facility will adversely affect drainage as the church is located in a flood zone; 5) vacated Alden Avenue is still in use to access the
parsonage; and 6) the applicants have not addressed this request to the community as a whole. The applicants were requested
to explain specifics of the residency program, what it will contribute to the community, the type of buffering wall proposed and its impact.
Mr. Marquardt said he did not realize the request was going to be controversial when he filed the application. He apologized on behalf of the hospital for not having discussed the
issues with the church and the community. He explained how the residency program is designed to meet the health care needs of the community. He requested a continuance to provide information
to the public regarding the hospital’s work with the City to provide a beneficial program. He responded to questions regarding situation of the hospital’s parcels in relation to Alden
Avenue and church properties.
One board member expressed concern regarding the compatibility of a parking lot near a residential area. One member indicated attractive parking can be created that will not negatively
affect neighborhood traffic or aesthetics. One member suggested allowing the church to use the overflow parking lot on weekends.
Member Kunnen moved to continue Item C2, CU 97-34 to the meeting of August 19, 1997. The motion was duly seconded and carried unanimously.
C3. P. & Kathy Panagoulias, TRE (Rosaly’s Mexican Restaurant & Brief Encounter) to permit restaurants, nightclubs, taverns & bars occupying over 10% of the gross floor area of a retail
complex at 512-530 Cleveland St, Gould & Ewing 1st Addition, Blk 5, Lot 4, zoned UC(C) [Urban Center (Core).] CU 97 36
Mr. Doherty presented background information and written staff recommendations, stating the applicant wishes to redevelop the subject property with two new nightclubs. The applicant
is pursuing the nightclub category for a new Rosaly’s Mexican Restaurant, to enable future flexibility regarding percentage of food and alcohol sales, and unspecified entertainment.
The second establishment, to be called “Brief Encounter,” is described as a Cheers type of nightclub with a warehouse atmosphere. Mr. Doherty explained previous uses, and code requirements
for retail floor area. He noted exterior improvements are subject to approval by the City’s Design Review Board. Staff felt conditions support the request and recommended approval
with two standard conditions.
Steve Fowler, architect representing the applicant, concurred with staff’s comments. He explained the architectural changes proposed to the existing buildings.
One member expressed concern with a concentration of nightclubs and entertainment in the downtown district, when more upscale restaurants are needed. Brief discussion ensued regarding
existing nightclub uses in the area and their effect on the downtown district. One member pointed out the point of the downtown plan was to allow flexibility for developing downtown,
letting the market dictate what happens.
Member Bickerstaffe moved to approve Item C3, CU 97-36, subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy
and occupational license within six months from the date of this public hearing; and 2) All alcoholic beverage sales shall be limited to consumption on premises only, with no package
sales permitted. The motion was duly seconded and carried unanimously.
C4. ROJO Holdings Corp. (The Pools at Windward Passage) to permit a marina at 211-223 Windward Passage, Island Estates of Clearwater Unit 5, Blk D, Lots 4-6 & waterway adjacent S of
Lots 4-7, zoned Proposed CPD (Commercial Planned Development.) CU 97 37
Mr. Doherty presented background information and written staff recommendations, stating the applicant wishes to construct a six-vessel marina to serve a proposed 11-unit townhouse development
on the subject property. He detailed State and local requirements for use of submerged lands in the vicinity. He noted the marina is subject to Federal, State and County approvals.
The City Harbormaster recommended moving the westernmost finger pier slightly eastward to adequately accommodate a vessel on the west side of said pier. Staff recommended approval
with six conditions.
Assistant City Attorney Dougall-Sides responded to questions regarding ownership, access and proposed usage of landward Lot 7, and adjacent submerged Lot 7. While the City owns Lot 7
and has received statutory authority to grant use of submerged Lot 7 to the applicants, she stressed the importance of maintaining the City’s riparian and navigation rights to land Lot 7.
Mr. Doherty said the current plan is before the board. The applicants have shown they are not requesting approval to construct any kind of structure in front of City property.
Dick Geiger, representing the applicant, said he concurred with staff’s recommendation. Discussion ensued regarding the site plan, reconfiguration to improve navigation; the number
and size of boats in the marina; configuration of the lots; and the dock structure. The applicant will work with staff to determine the exact, optimum placement of the westernmost pier.
No verbal or written support was expressed. One person spoke in opposition to the request, citing concerns the proposal is confusing, and Island Estates does not need more boats.
He requested information regarding situation of the docked boats in relation to the center line of the waterway.
Board and staff discussion ensued regarding condition #6 regarding relocation of the westernmost pier.
Member Nixon moved to approve Item C4, CU 97-37, subject to the following conditions: 1) The applicant shall obtain permits from the US Army Corps of Engineers, the State of Florida
Department of Environmental Protection and the Pinellas County Water and Navigation Control Authority as a requisite to obtaining a City permit for the marina; 2) The applicant shall
obtain the requisite City building permit within one year from the date of this public hearing; 3) Use of the marina shall be limited to noncommercial uses only, and no leasing of slips
to persons other than residents of the proposed townhouse development shall be permitted; 4) There shall be no live-aboard vessels permitted at this facility and transient dockage at
this marina shall not be permitted; 5) A fueling station is not authorized at this marina; and 6) The westernmost pier shall be moved to the east subject to City Harbormaster approval.
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
D1. Request for a Zoning Atlas amendment of the City of Clearwater for property located at 211-223 Windward Passage, Island Estates of Clearwater Unit 5, Blk D, Lots 4-6. (The Pools
at Windward Passage/ROJO Holdings Corp/Dolphin’s Landing, Inc.) Z 97 07
ZONE: From CG (Commercial General) to CPD (Commercial Planned Development)
Mr. Doherty presented background information, stating the applicant is requesting rezoning to construct 11 new townhouses. He related present and proposed zoning; permitted and conditional
use requirements; the land use plan classification; surrounding property uses; lot size requirements; and reasons the applicant is pursuing a Commercial Planned Development. Staff recommended
endorsement of the proposal as it appears to be supported by the Standards for Approval. Ms. Glatthorn added the applicants have been very cooperative with staff.
Dick Geiger, representing the applicants, said the high quality fee simple townhouses will sell for about $350,000. Each unit is to be approximately 3,000 square feet, all brick construction,
with slate tile roofs. He concurred with staff’s recommendations, stating he has met them all.
No verbal or written support or opposition was expressed.
Member Hilkert moved to endorse Item D1, Z 97-07 to the City Commission. The motion was duly seconded and carried unanimously.
Board and Staff Comments
In response to a question from Mr. Mazur, discussion ensued regarding whether a quorum will be present for the July 15 meeting. Board members agreed to contact staff with their plans,
and cancel the meeting of a quorum cannot be present. Staff will coordinate and notify applicants if the meeting is canceled.
Member Bickerstaffe expressed concern with crowding high priced condominiums on Dolphin Point, questioning if this is good planning for the future.
Member Bickerstaffe expressed concern with a letter of notification from the Municipal Code Enforcement Board sent to a local restaurant owner. It was indicated, although compliance
was achieved, a fine was imposed for non-compliance. Mr. Bickerstaffe said such a procedure is petty; the City should be working with business owners, not against them. Ms. Dougall-Sides
explained the code enforcement process, stating a formal procedure is in place for violators to request fine reduction.
Member Hilkert praised code enforcement officers and the compliance process for the help he has received in encouraging tenants to bring his rental property into compliance. He indicated
staff and the process were helpful, friendly, and efficient.
Adjournment
The meeting adjourned at 3:50 p.m.