05/02/1995 (2)
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, .ACTION AGENDA
PLANNJNG AND ZONING BOARD
Tuesday, May 2, 1995.. 2:00 p.m.
Commission Chambers, 112 South Osceola Avenue, Cleanvater, FL
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Aeenda Item N2.t
A. April 18, 1995 minutes approved as submitted.
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B.
REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
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None,
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c. "CONDITIONAL USES:
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1.
Wal-Mart Stores, IDe. (Goodwill Industries.. Suncoast, Inc) to pennit outdoor retail sales,
displays and/or storage at 23106 U.S. 19 N, Lachman's Plaza Replat, Lot 1, zoned CPD
(Commercial Planned Development). CU 95--29
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Action: Part Cl..A Storage of cardboard - Approved subject to the following condition; The
stomge area for the compacted cardboard boxes for recycling shall be enclosed with a six: foot high
opaque fence or wall within six months from the date of this public hearing,
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, Action: Part Cl..B Storage trailers - Approved subject to the following conditions: 1) There shall
" be no display or storage of trailers/merchandise on any right of way, retention area, or required
landscaping; 2) the number oftrailers at this facility shall be limited to the four proposed trailers.
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Action: Part CI-C Location ofGoot!will trailef"- ContilJuedto the May 16, 1995 meeting,
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Action: Part C2-D Outdoor sidewalk sales area - Denied.
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Action: Approved the following condition: The applicant shall amend the certified site plan to reflect
the proposed changes within six' months of the date of this public hearing.
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2., Mission Hills Plaza Venture/Karen Fretcber (Hillside Market) to permit package sales of
beer imd wine (change of business ownership) at 2907 S.H. 590, Suite 2 & 3, Sec, 08-29-16,
M&B 11.01, zoned CN (Neighborhood Commercial). eu 95--30
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Action: Approved subject to the following condition: 1), The requisite occupational license shall
be obtained within six: months from the date of this public hearing,
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Gerald Rebm Assoc., Inc to pennit vehicle service at 699 1/2 Lakeview Rond, Lake
BeUeview Addition, Blk 3, Lot 1, and the S V2 of the vac street on N, Lots 2-4, and part of
unnamed street on W, zoned IL (Limited Industrial), eu 95-32
Action: Continlled to May 16) 1995.
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND
DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING
AGENCY REVIEW:
, 1, Ordinance No. 5819-95 of the City of Clearwater, Florida, relating to the Land Development
Code; amending Section 35.11, Code of Ordinances, to revise the definition for congregate
care; providing an effective date.
Action: Recommend endorsement.
, 2, Ordinance No. 5820-95 of the City of Clearwater, Florida, relating to the Land Development
Code; amending Section 42.34, Code of Ordinances) to require an aisle widtll offifteen feet
. within parking lots that have parking spaces at an angle of 50 degrees, to cap the number of
paved parking spaces within a parking lot at 25 percent of the Code requirements) to allow
grass parking for warehouse stores, to establish new offstreet parking spaces requirements
for three family dwellings, accessory dwellings) mobile homes, multiple family dwellings,
elderly' and low income dwellings, retail sales and shopping centers, vehicle service uses,
personal service uses, offices, private clubs, lodges and other fraternal) civic, union~related
'. and, religious organizations, boat slips with live-aboard vessels, and fabricating, processing)
and manufacturing uses, and to require confonnance to the uniform system of traffic control
" devices, providing an effective date.
Action: Continued for thirty (30) days with request to address parking for automobile dealerships,
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MINUTES
PLANNING AND ZONING BOARD
May 2, 1995 - 2:00 P.M.
Commission Chambers, 112 South Osceola Avenue, Clearwater, FL
INVOCATION
PLEDGE OF ALLEGIANCE
Members Present: Kemper Merriam, Chair
Jay Keyes, Vice Chair
Edward Mazur (Arrived 2:02 p.m.)
Brenda Nixon
John Carassas (Arrived 2:04 p.m.)
Bernie Baron
Robert D. Bickerstaffe
Also Present:
Sandra E. Glatthorn, Manager, Central Permitting
Mike Quillen, Water Resource Engineer, Environmental
Sally Demarest, 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. Mr. Baron led the Invocation and Pledge of Allegiance. Chairman Merriam outlined
the procedures for conditional uses and advised that anyone adversely affected by a
decision of the Planning and Zoning Board, with regard to conditlonal'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.
, It' was, noted that Ms. Glatthorn will serve as Central Permitting staff representative in the
absence of Scott Shuford, Central Permitting Director.
By motion duly seconded, the minutes of the April 18, 1995 meeting were approved as
submitted.
, There were no requests for extension, deferred and continued items for consideration.
The following conditional use requests were considered:
, C-1. Wal-Mart Stores, Inc. (Goodwill Industries ~ Suncoast, Inc) to permit outdoor
retail sales, displays and/or storage at 23106 U.S, 19 N, Loehman's Plaza Replat,
Lot 1, zoned CPO (Commercial Planned Development). CU 95-29
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Ms. Glatthorn gave the background of the application and presented, in writing, the staff
,recommendations. She indicated the applicant was requesting a conditional use permit to
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allow outdoor sales, display and/or storage; a proposed drop off trailer for Goodwill
Industries; approval of three existing Wal-Mart storage trailers; storage for compacted
cardboard boxes~ and a retai\ sales/display area. Ms. Glatthorn said the proposed location
for the four trailers use is at the southwest corner of the site, parking at the site is
adequate, and added that the Florida Power easement is 200 feet.
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Representing WalAMart, Barry Wagner, 23016 US 19 North.. Clearwater, described the
project and indicated that the Goodwill trailer will be located in front of the building at no
charge, and will be for storage only. The WalAMart trailers will supply storage for garden
center merchandise, lawnmowers, etc. and the fenced enclosure requested will store
flammable cardboard and pallets. Mr. Wagner reported that the requested garden display
area on the seven foot sidewalk will allow a four foot path for pedestrian traffic.
Concern was expressed that the frontage location of the Goodwill trailer was not
compatible with the beautification efforts of City boards and the City Commission, and it
was suggested that the Goodwill drop off trailer be located at the rear of the site with a
, small identifying sign at the entrance to the shopping center.
Speaking for Goodwill IndustriesASuncoast, Inc., Denny Sullivan, 545 77th Avenue North,
St. Petersburg, indicated in his opinion relocation of the trailer to the rear would adversely
affect the amount of merchandise received, but that he would be amenable to a rear
location if no other option were available.
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There were no persons or documents in support of or opposition to the application.
As a compromise, Mr. Sullivan suggested that the Goodwill trailer location be moved closer
to the Jiffy Lube site to offer an aesthetically improved visual impact.
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In the ensuing discussion, there was general agreement that displaying garden merchandise
on the sidewalk would negatively affect the flow of pedestrian traffic, with particular
concern for handicapped persons. Security for the storage trailers was questioned.
Concern was expressed that building plans should specify space within the structure to
accommodate storage, and approval of storage trai\ers may establish an undesirable
precedent.
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Mr. Mazur asked whether there were any obiection to his and Mr. Carassas' participation in
the voting on this issue due to their late arrival at the meeting; there was none. It was
agreed by the board that item C-1 could not be considered and voted upon as a whole, and
each request was addressed individually as C1-A, C1-B, C1-C and C1AD as follows:
C1-A. A motion was made by Mr. Mazur to approve the location for the fenced storage of
compacted cardboard for recycling subject to the following condition: 1) The storage area
for the compacted cardboard boxes for recycling shall be enclosed with a six foot high
opaque fence' or wall within six months from the date of this public hearing. The motion
was duly seconded and upon the vote being taken, Chairman Merriam, Ms. Nixon, Messrs.
Keyes, Mazur, Carassas, and, Baron voted "aye"; Mr. Bickerstaffe voted "pay". Motion
carried (6A1).
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C1-B. A motion was made by Mr. Keyes to approve the three (3) storage trailers subject to
the following conditions: 1) There shall be no display or storage of trailers/merchandise on
any right of way, retention area, or required landscaping; 2) the number of trailers at this
facility shatt be limited to the four proposed trailers. The motion was duly seconded. There
was a brief discussion to clarify the motion, and upon the vote being taken, Chairman
Merriam, Mr. Keyes, Mr. Carassas and Mr. Mazur voted "aye"; Ms. Nixon and Messrs.
Bickerstaffe and Baron voted "nay". Motion carried (4-3).
Cl-C. A motion was made by Mr. Keyes to approve the location of the Goodwill traiter as
detailed on the site plan, with conditions. The motion was duly seconded and upon the
vote being taken, Mr. Carassas, Mr. Baron, and Mr. Keyes voted lIaye"; Chairman
Merriam, Ms. Nixon, and Messrs. Bickerstaffe and Mazur voted IInay". The motion did not
pass.
Subsequently, a motion was made by Ms. Nixon to locate the Goodwill trailer to the rear of
the property with a small sign as a "test casell to see if this would work in other locations.
The motion was duly seconded and upon the vota being taken, Chairman Merriam, Ms.
Nixon, Messrs. Keyes, Carassas, and Baron voted "aye"; Messrs. Bickerstaffe and Mazur
voted "nay". Motion carried (5-2). Ms. Nixon then amended her motion to include the
conditions, and after a brief discussion, withdrew her original motion entirely.
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A motion to reconsider the location of the Goodwill trailer was made by Mr. Mazur in
accordance with Section 6(e) of the Bylaws. The motion was duly seconded and upon the
vote being taken, Chairman Merriam, Messrs, Keyes, Mazur, Carassas and Bickerstaffe
voted "aye": Ms. Nixon and Mr. Baron voted "nay". Motion carried (5-2).
A motion was made by Mr. Mazur to approve the Goodwill trailer, but move the trailer to
the east, as close to the Jiffy Lube at North Coachman as possible, subject to the following
conditions: 1) The requisite occupational license shan be obtained within six months from
the date of this public; 2) there shall be no display or storage of trailers/merchandise on any
right-of-way, retention area, or required landscaping; 3) the applicant shall amend the
certified site plan to reflect the proposed changes within six months of the date of this
public hearing: and 4) the proposed Goodwill trailer shall be managed by an attendant with
no items to be stored outside the trailer. The motion was duly seconded. Following a brief
discussion, calling the vote, Messrs. Mazur, Carassas, and Keyes voted "aye"; Chairman
, Merriam, Ms. Nixon, Messrs Bickerstaffe and Baron voted nnay". The motion did not
pass.
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At this point a motion was made by Ms. Nixon that item C1-3 be returned to staff to
determine an appropriate location for the Goodwill dropoff trailer and reconsidered
separately at the next board meeting on May 16, 1995. The motion was duly seconded
and carried unanimously.
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C1-4. A motion was made by Mr. Bickerstaffe to deny the sidewalk sales area. The
motion was duly seconded and upon the vote being taken, Chairman Merriam, Ms. Nixon,
Messrs. Bickerstaffe, Mazur, Keyes and Baron voted "ayen; Mr. Carassas voted "nay".
Motion carried (6-1).
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A separate motion was made by Ms. Nixon that the applicant shall amend the certified site
plan to reflect the proposed addition and changes within six months of the date of this
public hearing. The motion was duly seconded carried unanimously.
C.2. Mission Hills Plaza Venture/Karen Fretcher (Hillside Market) to permit package
sales of beer and wine (change of business ownership) at 2907 S.R. 590, Suite 2 &
3, Sec. OB-29-16, M&B 11.01, zoned CN (Neighborhood Commercial). CU 95-30
Ms. Glatthorn gave the background of the application and presented, in writing, the staff
recommendations. She indicated the request was for a business ownership change of a
12.seat deli and market retail store having a 2-APS alcoholic beverage sales license, with
no proposed changes in the existing business.
The applicant, Karen Fretcher, 1726 Ragland Avenue, Clearwater, said she has been in the
bar and restaurant business for some time and the proposed business will continue
operating in the same manner as it was before.
There were no persons or documents in support of or opposition to the application.
A motion was made by Ms. Nixon to approve the request subject to the following
condition: 1) The requisite occupational license shall be obtained within six months from
the date of this public hearing. The motion was duly seconded and carried unanimously.
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C.3. Gerald Rehm Assoc., Inc' to permit vehicle service at 699 1/2 lakeview Road,
lake Belleview Addition, Blk 3, lot 1, and the S 1/2 of the vac. street on N, lots 2-
4, and part of unnamed street on W, zoned Il (Limited Industrial). CU 95.32
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Ms. Glatthorn gave the background of the application and presented, in writing, the staff
recommendations. She indicated an existing warehouse and commercial building are on the
property, and the request is for vehicle service involving minor and major repairs and
maintenance including engine and transmission dismantling, muffler, upholstery and body
work. She relayed staff concerns relative to lack of maintenance and disrepair of the
property and the negative effect of the use upon neighboring residential uses. Staff
believes fleet maintenance to be too intensive to be accommodated on this site, and
recommended denial.
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The applicant, Gerald Rehm, 721 lakeview Road, Clearwater, gave a general overview of
his own business on the subject site, and was asked by the board to address only this
specific issue. He distributed five photographs of the premise and indicated the proposed
Church of Scientology fleet maintenance activity will take place on the west side of the
property on the railroad track, with ingress and egress over Mr. Rehm's private property.
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, Inconsistencies in the application and accompanying site plan were noted, i.e., the location
of the proposed maintenance area on the east side of the property. Mr. Rehm verified that
all motor pool activity is proposed for the west side of the building and stressed all work
will be done inside the building. There will be no buses on Dempsey Street. It was
suggested by the board that dismantling and testing should not take place at night.
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James Bond, 109 North Fort, Harrison, Clearwater, offered a history of the application,
reviewing staff denial for location on the east side as indicated on the plan. He said the
proposed new location on the west side is away from residences, accesses from that side,
and referenced photographs previously distributed.
It was questioned whether staff were consulted with the discussed changes and noted that
the site plan submitted was unrelated to the request, resulting in an inability of the board to
make a decision.
At this point the applicant opted to request a continuation of the application to the May 16,
1995 meeting; Ms. Glatthorn mentioned that this scheduling would require site plan
submission by tomorrow, April 3, 1995; the applicant agreed.
Edward Bivins, 109 North Fort Harrison Street, Clearwater, opined that the proposed move
from the present motor pool location to the outskirts would be in the best interest of the
City.
There were no other persons or documents in support of or opposition to the application.
A motion was made by Mr. Bickerstaffe to continue item C-3 to the May 16, 1995
meeting. The motioll was duly seconded and carried unanimously. Ms. Nixon asked Ms.
Glatthorn to have staff investigate whether the "storage within the chain link fence and
outdoor storageil referred to in this request had been previously approved by the board.
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The following Annexation, Zoning, Land Use Plan Amendment, Land Development Code
Text Amendment and Local Planning Agency Review were considered:
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0-1. Ordinance No. 5819-95 of the City of Clearwater, Florida, relating to the Land
Development Code; amending Section 35.11, Code of Ordinances, to revise the
definition for congregate care; providing an effective date.
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Ms. Glatthorn briefly outlined the proposed ordinance amendment and said its purpose was
'to clarify the language in the congregate care ordinance, deleting "involving a building II in
the definition. A motion was made by Mr. Keyes to recommend endorsement to the City
Commission. The motion was duly seconded and carried unanimously.
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0-2. Ordinance No. 5820-95 of the City of Clearwater, Florida, relating to the land
Development Code; amending Section 42.34, Code of Ordinances, to require an
aisle width of fifteen feet within parking lots that have parking spaces at an angle of
50 degrees, to cap the number of paved parking spaces within a parking lot at 25
percent of the Code requirements, to allow grass parking for warehouse stares, to
establish new offstreet parking spaces requirements for three family dwellings,
accessory dwellings, mobile homes, multiple family dwellings, elderly and low
income dwellings, retail sales and shopping centers, vehicle service uses, personal
servico uses, offices, private clubs, lodges and other fraternal, civic, union-related
and religious organizations, boat slips with live-aboard vessels, and fabricating,
processing, and manufacturing uses, and to require conformance to the uniform
system of traffic control devices, providing an effective date.
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Staff has requested and the board agreed to continue item 0-2 for thirty (3D) days. It was
requested that staff also address parking for automobile dealerships.
Following are Board and Staff comments:
There was a short discussion relative to parking at marinas and boat slips.
Mike Quillen, Water Resource Engineer, Environmental Management, offered a presentation
relative to landscaping regulations. He relayed provisions of the landscape code and
related it to parking. Mr. Quillen said the City is considering 6% of parking area be
dedicated to green space, and with parking reduced, 9% might be possible. He described
parking lot islands dimensions, and said the City is moving toward larger parking lot
landscape areas. Mr. Quillen emphasized the importance of drought-tolerant landscaping
and explained "designated water use zones" to be created in an effort to save water.
Mr. Quillen credited Mark Roether/Parks & Recreation and Scott Shuford/Central Permitting
for their help toward promulgation of the environmental ordinance. He said the ordinance
will apply not only to large land developments, but to s':T\all lots, and will be uniformly
applied.', He relayed a desirability for shade trees which provide a canopy and described
'. irrigation systems. Environmental Management will welcome comments from the board
and will provide copies of the environmental code proposals, if desired.
There was a brief discussion relative to parking lot landscaping and the use of palm trees.
The ~ecessity that any redevelopment comply with the environmental ordinance was
stressed.
Chairman Merriam thanked Mr. Quillen for his comprehensive presentation.
.There being no further business, by motion duly seconded, the meeting adjourned at 4:00
p,m.
- Sandra E. Glatthorn, Manager Central Perm' ting, for
, ~ Scott Shuford, Director Central Permitting
minPZ05a.95
6
05/02/95
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