nd Avenue North. St. Petersburg, Florida 33713

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CITY OF ST. PETERSBURG DEPARTMENT OF DEVELOPMENT SERVICES DEVELOPMENT REVIEW SERVICES DIVISION ENVIRONMENTAL DEVELOPMENT COMMISSION ACTION TAKEN AGENDA/Minutes Council Chambers City Hall 175-5 th Street North St. Petersburg, Florida 33701 May 7, 2003 Wednesday 2:00 P.M. First Alternate: Calvin Samuel Second Alternate: Thomas Whiteman Third Alternate: Lynn Cravey Commission Members: Douglas Robison, Chair - P Michael Van Butsel, Vice-Chair -P Ben E. Fisher - P Martha Kehm - A Charles S. Canerday - P Edward L. Lachman- P Vacant Alternates: 1. Thomas Whiteman Jr. - P 2. Lynn V. Cravey - P 3. Calvin B. Samuel - P A = Absent P = Present City Staff Present: John Hixenbaugh, Zoning Official Julie Weston, Director - Development Services Candee Smith, Planning Technician I. OPENING REMARKS OF CHAIR AND SWEARING IN OF WITNESSES Minutes approved as written by unanimous vote of the Commission. II. ROLL CALL III. APPROVAL OF THE MINUTES OF APRIL 2, 2003 AGENDA ITEM #1 CASE NO: V-03-009 RM 12/15, ROR-1 E-34 CASE Withdrawn Richard E. Martin 307 62nd Avenue North same as above 301-307 62nd Avenue North (PIN#31/30/17/61146/002/0100; 31/30/17/61146/002/0101; 31/30/17/61146/002/0070; 31/30/17/61146/002/0060;31/30/17/61146/002/0050) AGENDA ITEM #2 CASE NO: V-03-010 IG J-14 Approval of a vacation of a 15 foot wide alley in the block northwest of 4th Street North and 62nd Avenue North. Page 1 of 10

Professional Auto Body Inc. 2228 28th Street North Kersteen Consulting, Inc. Robert A. Kersteen 2821 61st Lane North St. Petersburg, Florida 33710 South 20 feet of 23rd Avenue North between 28th and 29th Streets North (PIN#11/31/16/93924/001/0150; 11/31/16/93924/001/0170; 11/31/16/93924/001/0190; 11/31/16/93924/001/0200; 11/31/16/93926/001/0010) Approval of a vacation of the south 20 feet of 23rd Avenue North between 28th Street North and 29th Street North. MOTION: Bob Kersteen, representing the applicant, agreed with staff recommendations. Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the partial street vacation subject to the conditions of the Staff report. Yes - Fisher, Lachman, Samuel, Cravey, Van Butsel, Robison Voting Conflict - Whiteman ACTION TAKEN ON V-03-010 (J-14) 1) Motion to approve the partial street vacation subject to the conditions of the Staff report, approved by a vote of 6-0. AGENDA ITEM #3 CASE NO: V-03-011 ROR-1 G-14 City of St. Petersburg P.O. Box 2842 St. Petersburg, Florida 33731-2842 City of St. Petersburg Diane Giacobbe P.O. Box 2842 St. Petersburg, Florida 33731-2842 2300 Dr. Martin Luther King Street North (PIN#12/31/16/11754/002/0050) Approval of a partial street vacation of the west 10 feet of Dr. Martin Luther king Street North between 23rd Avenue North and 24th Avenue North. MOTION: Diane Giacobbe, representing the applicant, agreed with staff recommendations. Commissioner Fisher moved and Commissioner Samuel seconded a motion to approve the partial street vacation. Page 2 of 10

ACTION TAKEN ON V-03-011 (G-14) 1) Motion to approve the partial street vacation, approved by a vote of 7-0. AGENDA ITEM #4 CASE NO: V-03-012 ROR-1 F-36 Dr. Thomas J. Boland 624 Pinta Drive Tierra Verde, Florida 33715 Aerts Construction Company, Inc. Michael J. Aerts 2869 20th Avenue North 6540 4th Street North (PIN#31/30/17/52939/001/0010) Approval to vacate an ingress/egress easement at the eastern end of the east-west running alley in the block southwest of 4th street North and Lincoln Circle North. The ingress/egress easement is proposed to be shifted to the east through a newly constructed parking lot. PUBLIC SESSION: MOTION: Jim Aerts, representing the applicant, agreed with staff recommendations and spoke of a site plan modification that could be made to the newly constructed doctor s offices to accommodate imparts to an adjacent neighbor, Holly Topping. Holly Topping,, 121 Northwest Monroe Circle North, spoke against the project. Jim Aerts spoke in rebuttal. Holly Topping spoke in rebuttal. Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the partial street vacation subject to the conditions of the Staff report. ACTION TAKEN ON V-03-012 (F-36) 1) Motion to approve the ingress/egress easement vacation subject to the conditions of the Staff report, approved by a vote of 7-0. AGENDA ITEM #5 CASE NO: V-03-013 MSD-1 E-9 Frank Butler 21200 Victory Boulevard Woodland Hills, California 91367 C. Fred Deuel & Associates, Inc. C. Fred Deuel 1620 First Avenue North ENGINEER/ARCHITECT: C. Fred Deuel & Associates, Inc. C. Fred Deuel 1620 First Avenue North 101 16th Avenue South Page 3 of 10

(PIN#30/31/17/78607/001/0010) MOTION: Approval of a vacation of a 75 foot long section of 1st Street South, north of 16th Avenue Southeast. Tim Healey, representing the applicant, agreed with staff recommendations. Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the partial street vacation subject to the conditions of the Staff report. ACTION TAKEN ON V-03-013 (E-9) 1) Motion to approve the partial street vacation subject to the conditions of the Staff report, approved by a vote of 7-0. AGENDA ITEM #6 CASE NO: SE-03-014 RS-75 E-28 Shorecrest Preparatory School, Inc. 5101 1st Street Northeast St. Petersburg, Florida 33703 Shorecrest Preparatory School, Inc. Jeff Pratt 5101 1st Street Northeast St. Petersburg, Florida 33703 ENGINEER/ARCHITECT: EMK Consultants of Florida, Inc. 7815 North Dale Mabry Highway Suite 200 Tampa, Florida 33614 5101 1st Street Northeast (PIN#06/31/17/81793/001/0010) Approval of a site modification to increase floor area by 24,072 square feet MOL for an existing private school approved as a Special Exception, with a variance to required landscaping. Julie Weston made a presentation based on the staff report. Carlos Solis, representing the applicant, agreed with staff recommendations. 1 st MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the variance for landscaping. Yes - Fisher, Canerday, Lachman, Whiteman, Van Butsel, Robison Voting Conflict - Samuel, Cravey 2 nd MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the variance for parking lot dimensions. Yes - Fisher, Canerday, Lachman, Whiteman, Van Butsel, Robison Voting Conflict - Samuel, Cravey 3 rd MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the site plan modification, subject to the conditions of listed in the Staff report. Page 4 of 10

Yes - Fisher, Canerday, Lachman, Whiteman, Van Butsel, Robison Voting Conflict - Samuel, Cravey ACTION TAKEN ON SE-03-014 (E-28) 1) Motion to approve the variance for landscaping, approved by a vote of 6-0. 2) Motion to approve the variance for parking lot dimensions, approved by a vote of 6-0. 3) Motion to approve the site plan modification, subject to the conditions listed in the Staff report, approved by a vote of 6-0. AGENDA ITEM #7 CASE NO: SE-03-015 CG K-6 KFC US Properties, Inc. c/o KFC #W-750004 P.O. Box 35370 Louisville, Kentucky 40232 Cumbey & Fair, Inc. John Steward 2463 Enterprise Road Clearwater, Florida 33763 ENGINEER/ARCHITECT: Cumbey & Fair, Inc. John Steward 2463 Enterprise Road Clearwater, Florida 33763 770 34th Street North (PIN#15/31/16/45630/010/0010) Approval of a site plan modification for the reconstruction of an existing restaurant with a drive-thru. Tim Bourne, representing the applicant, agreed with staff recommendations. MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the site plan subject to the conditions of the Staff report. ACTION TAKEN ON SE-03-015 (K-6) 1) Motion to approve the site plan, subject to the conditions of the Staff report, approved by a vote of 7-0. Page 5 of 10

AGENDA ITEM #8 CASE NO: SE-03-016 ROR-1 E-46 Jim E. Hartley 4200 4th Street North St. Petersburg, Florida 33703 Cumbey & Fair, Inc. John Steward 2463 Enterprise Road Clearwater, Florida 33763 ENGINEER/ARCHITECT: Cumbey & Fair, Inc. John Steward 2463 Enterprise Road Clearwater, Florida 33763 8801 4th Street North (PIN#19/30/17/86385/001/0010) Approval of a Special Exception and related site plan to construct a new 3,000 square foot restaurant with a drive-thru. PUBLIC SESSION: Tim Bourne, representing the applicant, agreed with staff recommendations. Roy O Neil, 208 Sunlit Cove Drive Northeast, spoke with concerns about noise and odor from the restaurant, but supports the project. David Hoover, 163 87 th Avenue North, representing Riviera Bay Civic Association, commented on how helpful staff and applicant have been. He also stated concerns with noise and maintaining as many trees as possible. Sunlit Cove Apartments, 8701 4 th Street North, expressed concerns with noise at night and the odor from the restaurant. Tim Bourne spoke in rebuttal. David Hoover spoke in rebuttal. 1 st MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the Special Exception. 2 nd MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the site plan subject to the conditions of the Staff report. ACTION TAKEN ON SE-03-016 (E-46) 1) Motion to approve the Special Exception, approved by a vote of 7-0. 2) Motion to approve the site plan, subject to the conditions of the Staff report, approved by a vote of 7-0. Page 6 of 10

AGENDA ITEM #9 CASE NO: SE-03-017 RS-75 F-40 Gulf Coast Community Church 555 76th Avenue North St. Petersburg, Florida 33702 Jim Miller 350 49th Street South St. Petersburg, Florida 33707 ENGINEER/ARCHITECT: Suetholz & Associates, Architects 350 49th Street South St. Petersburg, Florida 33707 631 76th Avenue North (PIN#30/30/17/30060/000/1120; 30/30/17/30060/000/1220) Approval of A Special Exception and related site plan to expand an existing church to include a recently acquired single-family home for office purposes with variances for 1) setbacks and 2) number of freestanding signs. Jim Miller, representing the applicant, requested approval of the sign variance and the ability to work with Staff regarding landscaping. 1 st MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the variance for front yard setback. 2 nd MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the variance for side yard setback. 3 rd MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the variance for rear yard setback. 4 th MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the variance for parking. 5 th MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the variance for signage. Yes - Robison No - Fisher, Canerday, Lachman, Samuel, Whiteman, Van Butsel 6 th MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the Special Exception. Page 7 of 10

7 th MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the site plan, subject to the conditions listed in the Staff report. ACTION TAKEN ON SE-03-017 (F-40) 1) Motion to approve the variance for front yard setback, approved by a vote of 7-0. 2) Motion to approve the variance for side yard setback, approved by a vote of 7-0. 3) Motion to approve the variance for rear yard setback, approved by a vote of 7-0. 4) Motion to approve the variance for parking, approved by a vote of 7-0. 5) Motion to approve the variance for signage, failed by a vote of 1-6. 6) Motion to approve the Special Exception, approved by a vote of 7-0. 7) Motion to approve the site plan, subject to the conditions of the Staff report, approved by a vote of 7-0. AGENDA ITEM #10 CASE NO: SE-03-018 RM 12/15 N-22 Midtown Congregation of St. Petersburg 4800 33rd Street North St. Petersburg, Florida 33714 Terrill Brown 4301 Trout Drive Southeast St. Petersburg, Florida 33705 ENGINEER/ARCHITECT: C. Fred Deuel & Associates, Inc. Tim Healey 1620 First Avenue North Between 55th Street North and 58th Street North, south of 40th Avenue North (PIN#04/31/16/00000/330/0100) Approval of a Special Exception and related site plan to construct a new 4,600 square foot MOL church with a variance for lot width. Terrill Brown, representing the applicant, agreed with staff recommendations and stated reasons dumpsters are not shown on site plan. 1 st MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the variance for lot width. 2 nd MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the Special Exception for a church. 3 rd MOTION: Commissioner Fisher moved and Commissioner Van Butsel seconded a motion to approve the related site plan subject to the conditions of the Staff report. Page 8 of 10

ACTION TAKEN ON SE-03-017 (N-22) 1) Motion to approve the variance for lot width, approved by a vote of 7-0. 2) Motion to approve the Special Exception for a church, approved by a vote of 7-0. 3) Motion to approve the site plan, subject to the conditions of the Staff report, approved by a vote of 7-0. AGENDA ITEM #11 CASE NO: SPR-03-012 IP J-10 St. Petersburg Times 1301 34th Street North Caladesi Construction Company D. Wayne Wyatt 1390 Donegan Road Largo, Florida 33771 ENGINEER/ARCHITECT: Ozona Engineering, Inc. Gary Boucher, PE P.O. Box 432 Ozona, Florida 34660 1301 34th Street North (PIN#14/31/16/54054/000/0010) Approval of a site plan modification to construct a 43,843 square foot MOL building addition to an existing newspaper printing and distribution plant with variances for 1) parking, 2) landscaping, and 3) drainage. Wayne Wyatt, representing the applicant, agreed with staff recommendations. 1 st MOTION: Commissioner Fisher moved and Commissioner Whiteman seconded a motion to approve the variance for parking. Yes - Fisher, Canerday, Lachman, Samuel, Whiteman, Cravey, Van Butsel Voting Conflict - Robison 2 nd MOTION: Commissioner Fisher moved and Commissioner Whiteman seconded a motion to approve the variance for landscaping. Yes - Fisher, Canerday, Lachman, Samuel, Whiteman, Cravey, Van Butsel Voting Conflict - Robison 3 rd MOTION: Commissioner Fisher moved and Commissioner Whiteman seconded a motion to approve the variance for drainage. Yes - None No - Fisher, Canerday, Lachman, Samuel, Whiteman, Cravey, Van Butsel Voting Conflict - Robison 4 th MOTION: Commissioner Fisher moved and Commissioner Whiteman seconded a motion to approve the site plan subject to the conditions of the Staff report. Yes - Fisher, Canerday, Lachman, Samuel, Whiteman, Cravey, Van Butsel Voting Conflict - Robison Page 9 of 10

ACTION TAKEN ON SPR-03-012 (J-10) 1) Motion to approve the variance for parking, approved by a vote of 7-0. 2) Motion to approve the variance for landscaping, approved by a vote of 7-0. 3) Motion to approve the variance for drainage, failed by a vote of 0-7. 4) Motion to approve the site plan, subject to the conditions of the Staff report, approved by a vote of 7-0. Page 10 of 10