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01/09/1996 (2)--?, PLANNING AND ZONING BOARD - ACTION Tuesday, January 9, 1996 Call To Order, Invocation, Pledge Of Allegiance A. Minutes Of Previous Meeting - December 19, 1995 - Approved as corrected 8. Requests For Extension, Deferred And Continued Items 1. (cant. from 92119195) Peter- i nfili Hi he k Mason lnc. (P.Vs, Auto Sales-Classic Cars) to permit outdoor retail sales, displays and/or storage and vehicle sales at 1370 Cleveland St., Overbrook Sub, Blk 1, Lots 1-7 & 12-20 and vacated alley to the North, zoned CG (Commercial General). CU 95 ACTION: Approved based on the November 25, 1995 site plan revision, subject to the following conditions: 1) The requisite site plan certification shall be obtained within six months from the date of this public hearing; 2) The requisite building permit shall be obtained prior to the start of construction but no later than six months from the date of this public hearing; 3) The requisite certificate of occupancy shall be obtained within six months from the issuance of the building permit; 4) There shall be no display or storage of vehicles/merchandise on any right-of-way, retention area, or required landscaped area; 5) Display areas shall be clearly marked to assist in code enforcement; 6) All site lighting shall be equipped with a 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and ,k street rights-of-way prior to issuance of a certificate of occupancy for the proposed new building; and 7) The site shall be landscaped in accordance with Sec. 42.26. C. Conditional Uses erce 1. The Salvation Army (Homeless Shelter) to permit residential shelter at SOP-Pi S Coachman Heights Revised, Blk A, part of Lots 3 & 4 less street, zoned UC (E) (Urban Center (Eastern Corridor) District). CU 96-01 ACTION: Approved subject to the following conditions: 1) The requisite certificate of occupancy shall be obtained within six months from the date of this public hearing; 2) The applicant shall submit a report to staff 12 months from the date of this public hearing addressing the status of the permanent shelter and the performance of the temporary shelter; 3) The use is approved for 18 months; and 4) All site lighting shall be equipped with a 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and street rights-of-way prior to issuance of a certificate of occupancy for the proposed new building. 2. MEDE D [mar . it r u on to permit indoor storage and/or warehousing at 1586 S. Ft. Harrison, Ave, Sec. 21-29-15, M&Bs 44.22 & 44.23, and Oakhaven Sub, Lots 8, 9, 11-21 and proposed vacated streets, zoned CG (General Commercial). CU 96-02 ACT-ION: Continued to the meeting of February 6, 1996 P & Z ACTION 1 01109/96 3. QMAI.:Eoy LTD. (Shake a Paw TM Puppies) to permit animal grooming at 1530 D-3 McMullen Booth Rd, South Oaks Fashion Square, Lot 1, zoned IPD (Industrial Planned Development). CU 96-03 ACTION: Approved subject to the following conditions: 1) The requisite building permit shall be obtained prior to the start of construction but no later than six months from the date of this public hearing; 2) The requisite certificate of occupancy shall be obtained within six months from the issuance of the building permit; 3) The requisite occupational license shall be obtained prior to the start of business but no later than 12 months from the date of this public hearing; and 4) No outdoor activities related to the animal grooming business shall be conducted in any area outdoors unless specifically authorized by the Planning and Zoning Board. 4. '13, V M II n Prop, Inc. (S & M Truckworld) to permit (1) outdoor retail sales, displays and/or storage, and (2) vehicle service at 2868--Gulf B Blvd, Sec 17-29-16, M&B 13.32, zoned CG (General Commercial). CU 96-04 A Ti : Approved subject to the following conditions: 1) The perimeter landscaping requirements of Sec. 42.27 shall be provided to the extent possible given site conditions, within 3 months from the date of this public hearing and continuously maintained thereafter; 2) All site lighting shall be equipped with a 90° cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights-of-way prior to issuance of the requisite occupational license; 3) All parts and other materials used in conducting the business shall be stored either indoors or in the approved outdoor storage areas only; 4) There shall be no display or storage of vehicles/merchandise on any right-of-way, retention E area, or required landscaped area; 5) Display areas shall be clearly marked on a plan to assist in code enforcementand a plan indicating the display and storage areas shall be submitted for approval prior to issuance of the requisite occupational license; 6) Hours of operation shall be limited to 6:00 a.m. until 8:00 p.m. Monday through Saturday, and 10:00 a.m. until 8:00 p.m. on Sundays; 7) All requisite sign permits shall be obtained within 2 weeks of the date of this public hearing, or an application for sign variances submitted, within 2 weeks of the date of this public hearing; 8) The applicant shall submit an application for variance to fence height requirements within 2 weeks from the date of this public hearing; 9) The requisite occupational license shall be obtained within 30 days from the date of this public hearing; and 10) Vehicle service use shall be limited to the installation of aftermarket truck accessories. 5. Mid E. Lewig, Trustee for James E. Brasford to permit wholesaling/distributing at 1,115 Cleveland St, Brookwood Terrace Revised, Bik 5, Lots 1-20, inclusive together with the North 1 /2 of vacated street lying to the South of Lots 19 & 20, zoned CG (General Commercial). CU 96-05 ACTION: Approved subject to the following conditions: 1) All site lighting shall be equipped with a 901 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and street rights-of-way prior to issuance of the requisite certificate of occupancy; 2) The requisite building permit shall be obtained prior to the start of construction but no later than six months from the date of this public hearing; 3) The requisite certificate of occupancy shall be obtained within six months from the date of issuance of the requisite building permit; 4) The requisite occupational license shall be obtained prior to the start of the business but no later 1 P & Z ACTION 2 01109/96 than one year from the date of this public hearing; 5) All supplies and equipment related to the use shall be stored indoors at all times: 6) The hours of operation shall be limited to 6:00 a.m. until 8:00 p.m., Monday through Saturday, and 10:00 a.m. until 8:00 p.m. on Sundays; and 7) Perimeter landscaping shall be provided in accordance with Sec. 42.27 and reconfiguration of the parking lot will require interior landscaping to be in accordance with Sec. 42.27 of the Land Development Code and is subject to approval by the City Traffic Engineer. 6. Tom Falone Ill (B&B Car Stereos) to permit vehicle service at 1916 Gulf #o Bay Blvd, Sec 13-29-15, M&B 24.01 & 24.02, together with Skycrest Sub, Unit D, Blk B, part of Lots 5 & 6, zoned CG (General Commercial). CU 96.06 ACTION: Approved subject to the following conditions: 1a There shall be no outdoor storage or service associated with the use; 2) The requisite building permit shall be obtained prior to the start of construction but no later than three months from the date of this public hearing; 3) The requisite certificate of. occupancy shall be obtained within six months from the date of this public hearing; 4) The requisite occupational license shall be obtained prior to the start of business but no later than six months from the date of this public hearing; 5) All site lighting shall be equipped with a 90° cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights-of-way prior to the issuance of the requisite certificate of occupancy; 6) The owner shall execute a recordable grant of easement to the City to allow for the installation of sidewalks and the provision for public access along the perimeter of the site prior to the issuance of the certificate of occupancy; and 7) Landscaping shall be in accordance with Sec. 42.27 of the Land Development Code. D. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment, and Local Planning Agency Review 1. (cont. from 12119195) Ordinance 5956-95 of the City of Clearwater, Florida; amending Sections 21.10 and 42.35, Code of Ordinances, to provide for the temporary storage of recreational vehicles for lodging purposes at the Harborview Center; providing an effective date. AM N: Endorsed to the City Commission, with the addition of the word "designated" before "city-owned public parking facilities" in Sections 21.10 and 42.35. 2. Ordinance 5962-96 of the City of Clearwater, Florida, relating to the Land Development Code; amending Division 26 of Chapter 40, Code Of Ordinances, to provide for revised development standards in the Urban Center District; providing an effective date. pCTION: Continued to the meeting of February 6, 1996 3. REZONING: Z 96-01 (City Initiated) to consider rezoning the downtown zoning districts as follows: UC(C) 1: Bounded on the North by Jones Street, on the East by Garden Avenue, an the South by Rogers Street, and West by Osceola Avenue. UC(C)2: Bounded on the North by Jones Street, on the East by Myrtle Avenue, on the South by Turner Street, and the West by Garden Avenue. P & Z ACTION 3 01109196 r -? UC(E)1: Bounded on the North by Drew Street, on the East by Greenwood Avenue, on the South by Turner Street, and the West by Myrtle Avenue. UC(E)2: Bounded on the North by N.E. Cleveland Street, on the East by Fredrica Avenue, on the south by Court Street, and the West by Greenwood Avenue. ACTION: Continued to the meeting of February 6, 1996 4. Orriiinance 5963-96 of the City of Clearwater, Florida, relating to the Land Development Code, amending Section 42.06, Code of Ordinances, to provide for revised requirements for transfers of development rights; providing an effective date. AQII!2N: Continued to the meeting of February 6, 1996 E. Chairman's Items--Discussion F. Director's Items - Alcoholic Beverages In Motels With 50 + Units In C R -28 --Discussion G. Board And Staff Comments--Discussion H. Adjournment— 7.25 p.m. P & Z ACTION 4 01/09196 PLANNING AND ZONING BOARD CITY OF CLEARWATER January 9, 1996 Present: Kemper Merriam Jay Keyes Robert D. Bickerstaffe Edward Mazur Brenda Nixon Bernie Baron Frank Kunnen Leslie Dougall-Sides Sandy Glatthorn Gwen Legters Chair Vice Chair Board Member Board Member Board Member Board Member Board Member Assistant City Attorney Central Permitting Manager Board Reporter The meeting was called to order by the Chair at 2:40 p.m. in City Hall, followed by the Invocation and Pledge of Allegiance. He outlined meeting procedures and the appeal process. To provide continuity, items are listed in agenda order although not necessarily discussed in that order. A. Minutes Approval - December 19, 1995 Member Merriam questioned use of the word "owner" in discussion on page 5 related to updating the application form. He questioned if this referred to the property owner or business owner. Ms. Glattorn said she will verify code language, as she believed the reference was to the property or business owner. No change to the minutes was requested at this time. Member Nixon requested deletion of the word "additional" in the site lighting condition related to approval of Item C.3 on page 2. Member Keyes moved to approve the minutes as corrected. The motion was duly seconded and carried unanimously, S. Requests for Extension, Deferred and Continued Items B1. front. from 12119195) Peter Gianfill a Hitchcock Mason Inc. (P.J.'s Auto Sales-Classic Cars) to permit outdoor retail sales, displays and/or storage and vehicle sales at 1370 Cleveland St., Overbrook Sub, Blk 1, Lots 1-7 & 12.20 and vacated alley to the North, zoned CG (Commercial General), CU 95-69 4, In a faxed message received December 19, 1995, the applicant requested a continuance from the last meeting, because his representatives were not present. mpz01.96 1 01/09/96 Ms. Glatthorn gave the background of the case and presented written staff recommendations. She stated a conditional use was previously approved on June 13, 1995. That approval expired because the applicant failed to obtain a building permit in accordance with a condition of approval. The applicant is now requesting approval for an outdoor display area that is scaled down from the previous request. It was indicated this area must be clearly marked on the plans and the site with directional arrows for traffic circulation, fire lane, and exit. It was indicated a building addition is also proposed for indoor automobile display. The addition will require demolition of two existing buildings. The staff report detailed zoning and building separation, building permit and site plan approval requirements. Landscaping upgrades and an executed Declaration of Unity of Title will be required to build across lot lines. While expressing concern approval conditions were not met previously, staff supported this application as an improvement over the first. Approval with seven conditions was recommended. In a letter dated January 9, 1996, Attorney Charles Perry stated he will represent the applicant, Peter Gianfilippo in CU 95-69. Mr. Perry and Milan Ivanovich, with the architectural firm representing the applicant, addressed the Board. Mr. Perry explained, due to a miscommunication, he did not have enough time to withdraw the first application when the applicant changed his mind about the way he wished to operate the business. He is now coming forward with a new site plan. Mr. Ivanovich explained the changes include demolition of two existing structures and construction of a 6,300 square foot building with a display area in front. The new plan preserves a 48 inch r ' oak tree and proposed landscaping exceeds requirements. Clarification was requested which was the final plan, as not everyone was reading from the same version. After some discussion, it was determined the November 25 plan was the final revision. In response to questions, it was not known why an 8 foot wood fence was built since approval of the first application. Mr. Ivanovich said he will research the reason and inform staff. It was indicated the Cleveland Street side will have only one curb cut that will serve as an exit. The only entrance will be from Hillcrest Avenue. Mr. Ivanovich explained the proposed display area and parking calculations. One member requested cross-hatching on the plan to indicate the display area. Member Kunnen moved to approve Item B.1 (CU 95-69) based on the site plan revision dated November 25, 1995, subject to the following conditions: 1) The requisite site plan certification shall be obtained within six months from the date of this public hearing; 2) The requisite building permit shall be obtained prior to the start of construction but no later than six months from the date of this public hearing; 3) The requisite certificate of occupancy shall be obtained within six months from the issuance of the building permit; 4) There shall be no display or storage of vehicles/merchandise on any right-of-way, retention area, or required landscaped area; 5) Display areas shall be clearly marked to assist in code enforcement; 6) All site lighting shall be equipped with a 90° cutoff mechanism, with the light being directed downward and away from adjoining residential 1-._1 mpx01.96 2 01/09/96 properties and street rights-of-way prior to issuance of a certificate of occupancy for the proposed new building; and 7) The site shall be landscaped in accordance with Sec. 42.26. The motion was duly seconded and carried unanimously. C. Conditional Uses C1. The Salva ' n Arm (Homeless Shelter) to permit residential shelter at 900 Pierce 5t, Coachman Heights Revised, Blk A, part of Lots 3 & 4 less street, zoned UC (E) (Urban Center (Eastern Corridor) District). CU 96-01 Ms. Glatthorn gave the background of the case and presented written staff recommendations. She stated the applicant proposes a 17 bed residential shelter in an existing building. It was indicated no parking exists on the site and no additional parking is required for the change of use. This will be a temporary facility for 18 to 24 months until a new residential shelter is built at another location. Major Tom Overton, representing the applicant, stated he is in charge of this project. He described the history to date. He explained several social service agencies have joined to examine how the community is addressing cold night shelter for the homeless. The Salvation Army is currently operating a temporary shelter in a double-wide mobile home loaned by Everybody's Tabernacle. Major Overton said he has spent several months searching for a permanent location and the Tabernacle needs to use their trailer now. As a result, St. Vincent De Paul has agreed to provide the food and space on their property for a permanent shelter. Major Overton said the new location is expected to be ready in 18 to 24 months. In the interim, they are requesting to upgrade and use their building at 900 „. Pierce Street as a temporary shelter. He explained the shelter operation is a well structured program where people are counseled and expectations of them are clear. He said the program is a great success and many individuals have been able to move off the streets into productive lives. Ed Brandt, director of the Salvation Army program, responded to questions. He explained the resident selection process, requirements and circumstances facing the people. He said, of the 800 people served, over half have found employment and their own residence. Clearwater Police Chief Sid Klein spoke in support of the program. He stated he administrates the Clearwater Homeless Intervention Program (CHIP) and is confident the project at St. Vincent De Paul will succeed. He said a goal of his department is to have a police substation in the permanent shelter staffed by trained Americorps participants to handle security. Addressing concerns regarding an increase of transients, he said Clearwater is working to constructively deal with the issue. Many options are given to get people off the streets and he is working with St. Vincent De Paul on their program to photograph those using the soup kitchen. He said this shelter is not a flop house nor a property value issue. He said the homeless are human beings and asked the listeners to open their hearts. `"'? mpz01.96 3 01/09196 4 r 1 Discussion ensued regarding the project. It was indicated the temporary shelter is only allowed 17 beds because of density requirements. The permanent shelter will have 48 beds. In response to a questions, it was indicated three sets of gender specific toilet facilities are adequate for a 17 bed facility. Ms. Glatthorn explained parking space requirements. A concern was raised regarding people not interested in improving themselves loitering in public places. Chief Klein explained the soup kitchen experienced a drastic decrease in clientele after implementation of the photo program. He felt this was because the program became less attractive to those who break laws. He reiterated his confidence funding for Phase I will be acquired and the permanent location at St. Vincent De Paul will be ready for occupancy in 18 to 24 months. He said police response time to the shelter will be less than a minute because it is on a main police cruiser route. He stated parking lots are monitored very closely. In response to a question, he said he is aware of no problems in the shelter since it located in the mobile home. Chief Klein left the meeting. Barbara Green, administrator of Everybody's Tabernacle Homeless Emergency Project (HEP), spoke in favor of the request. She stated her staff has worked closely with the Salvation Army and has experienced no problems with their shelter. She explained HEP is building a new men's dormitory that is slated to open February 14, 1996. The mobile home is needed for a kitchen facility. Glen Warren, a neighboring business property owner, spoke in opposition to having a shelter next door to his business. He expressed concern it will attract transients and place his business under a hardship. He requested a time certain for the temporary shelter to be closed. William Byers, neighboring commercial building owner, stated downtown businesses are struggling to succeed. He expressed concern over any project that might further endanger downtown rentals and asked for City oversight. Speaking in rebuttal to the opposition, Major Overton reiterated his commitment to the project. He said it has the backing and support of big hitters in the community who will see it through. Discussion ensued regarding whether to establish a time limit for the temporary project or require a status report of the new project. Member Mazur moved to approve Item CA ICU 96-01) subject to the following conditions: 1) The requisite certificate of occupancy shall be obtained within six months from the date of this public hearing; 2) The applicant shall submit a report to staff 12 months from the date of this public hearing addressing the status of the permanent shelter and the performance of the temporary shelter; 3) The use is approved for 18 months, with provision for a six month extension, if needed; and 4) All site lighting shall be equipped with a 90° cutoff mechanism, with the light being directed downward and away from adjoining residential properties and street rights-of-way prior to issuance of a certificate of occupancy for the proposed new building. The motion was duly seconded and carried unanimously. mpz01.96 4 01/09196 r, C2. MEDECiDgimpE C3. Ferguson to permit indoor storage and/or warehousing at 1585 S. Ft. Harrison Ave, Sec. 21-29-15, M&Bs 44.22 & 44,23, and Oakhaven Sub, Lots 8, 9, 11-21 and proposed vacated streets, zoned CG (General Commercial). CU 96-02 The Chair announced a continuance was requested for this item. He inquired if anyone was present to speak to the item. John Lahara, adjacent property owner expressed concern with the proposal to have a retention pond next to his house. He felt the subject property is large enough the applicant could consider relocating the retention. Ms. Glatthorn stated she would mention his request to the applicant. Member Kunnen moved to continue Item C.2 (CU 96-02) to the meeting of February 6, 1996. The motion was duly seconded and carried unanimously, C3. CORAL Tov LTD. (Shake a Paw rm Puppies) to permit animal grooming at 1530 D-3 McMullen Booth Rd, South Oaks Fashion Square, Lot 1, zoned IPD (Industrial Planned Development). CU 96-03 Ms. Glatthorn gave the background of the case and presented written staff recommendations. She detailed the standards of approval. It was noted it is not the primary use, puppy sales, but the accessory grooming use that requires conditional use approval. It was not felt this would have a negative impact on the community. Discussion ensued regarding whether or not to establish a time limit for obtaining the occupational license. Ms. Glatthorn explained establishing a time limit is a standard practice for enforcement purposes in case code changes before the business opens. Dennis Gulkis, representing the applicant, explained the proposal. He said the grooming portion will comprise only ten percent of the floor space and is completely self contained within the 3,040 square foot facility. Responding to questions, Mr. Gulkis stated the business is a franchise and he is ready to open. He said no dogs left for grooming will be kept overnight. For the grand opening, he expected to have 60 puppies, with 30 puppies being the average. Discussion ensued regarding code requirements for the number of cages, air conditioning, soundproofing and fire sprinklers. The conditional use requirement for a grooming facility was discussed. No one was present to speak in support or opposition to the request. Member Mazur moved to approve Item C.3 (CU 96-03) subject to the following conditions: 1) The requisite building permit shall be obtained prior to the start of construction but no later than six months from the date of this public hearing; 2) The requisite certificate of occupancy shall be obtained within six months from the issuance of the building permit; 3) The requisite occupational license shall be obtained i `-'? mpz01.96 5 01/09/96 prior to the start of business but no later than 12 months from the date of this public hearing; and 4) No outdoor activities related to the animal grooming business shall be conducted in any area outdoors unless specifically authorized by the Planning and Zoning Board. The motion was duly seconded and carried unanimously. C4. Q. Guy McMullgn Pron. Inc. (S & M Truckworld) to permit (1) outdoor retail sales, displays and/or storage, and (2) vehicle service at 2868 Gulf to Bay Blvd, Sec 17-29-16, M&B 13.32, zoned CG (General Commercial). CU 96-04 Ms. Glatthorn gave the background of the case and presented written staff recommendations. She stated the applicant wishes to conduct after market truck accessory installations, a different type of vehicle service from that of the previous businesses. Outdoor storage of these accessories requires outdoor retail sales approval. The staff report noted the applicant is currently operating without an occupational license and none will be issued until conditional use approval has been obtained. Two signs were changed without permits and may require variances. A nine foot high wooden fence was constructed without a permit to enclose an illegal outdoor storage area in the rear yard. A height variance will be needed to keep the fence in its current location within the right-of-way setback from Elizabeth Avenue. Environmental Management noted any changes to the parking lot layout will require landscaping in accordance with City code. The Community Response Team has observed a nonconforming outdoor display that will have to be removed from the f west side of the building. No objections were expressed by the City Traffic Engineering and Plans Review groups. Ten conditions of approval were recommended. Steve Humphries, the business owner/applicant, responded to questions about the location and content of his outdoor accessory display area. In response to a question, he stated he was previously running this business from his home. He acknowledged he did not follow the approved City procedures for moving the business to the subject property. He indicated it was not his intent to bypass the procedures, but he was acting on inaccurate information received from a citizen. He stated he is now trying to make everything legal. Discussion ensued regarding parking provision for the property. Concern was expressed it does not appear to be adequate and Mr. Humphries explained how he stacks trucks waiting to be serviced. Jim Grove, adjacent business owner, spoke in support of the application. He stated he was pleased with the improvements to the property and the way Mr. Humphries conducts his business. He stated he did not object to his parking lot being used by S&M Truckworld customers for short periods of time. mpz01.96 6 01/09t96 Member Nixon moved to approve Item C.4 CU 96.04 subject to the following „ conditions: 1) The perimeter landscaping requirements of Sec. 42.27 shall be provided to the extent possible given site conditions, within 3 months from the date of this public hearing and continuously maintained thereafter; 2) All site lighting shall be equipped with a 90° cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights-of-way prior to issuance of the requisite occupational license; 3) All parts and other materials used in conducting the business shall be stored either indoors or in the approved outdoor storage areas only; 4) There shall be no display or storage of vehicles/merchandise on any right-of-way, retention area, or required landscaped area; 5) Display areas shall be clearly marked on a plan to assist in code enforcement and a plan indicating the display and storage areas shall be submitted for approval prior to issuance of the requisite occupational license; 6) Hours of operation shall be limited to 6:00 a.m. until 8:00 p.m. Monday through Saturday, and 10:00 a.m. until 8:00 p.m. on Sundays; 7) All requisite sign permits shall be obtained within 2 weeks of the date of this public hearing, or an application for sign variances submitted, within 2 weeks of the date of this public hearing; 8) The applicant shall submit an application for variance to fence height requirements within 2 weeks from the date of this public hearing; 9) The requisite occupational license shall be obtained within 30 days from the date of this public hearing; and 10) Vehicle service use shall be limited to the installation of after market truck accessories. The motion was duly seconded and carried unanimously. C5. Michael E. L wis Trustee for James E. Brasford to permit wholesaling/distributing at 1315 Cleveland St, Brookwood Terrace Revised, Blk 5, Lots 1-20, inclusive together with the North 1 /2 of vacated street lying to the South of Lots 19 & 20, zoned CG (General Commercial). CU 96-05 e 4- Ms. Glatthorn gave the background of the case and presented written staff recommendations. She stated the applicant proposes to remodel a former Morrison's Cafeteria site for use as a purified water and water purification systems wholesale/retail facility. The proposed changes were detailed in a letter from the general contractor and summarized in the staff report. Environmental Management noted any reconfiguration of the parking lot will require conformance with landscaping requirements. Staff noted the proposed use requires less parking and 'will upgrade a deteriorating property at the entrance to downtown Clearwater. Seven conditions of approval were recommended. John McAvoy, authorized representative, explained operation of the facility. He said they plan to rebuild the building around the existing steel structure, creating offices, a storeroom and storage. He stated they do not intend to expand the building in the future. As the customer demand for bottled water and water systems grows, they hope to create another location 50 to 60 miles away to facilitate distribution. Discussion ensued regarding surrounding property ownership, boundaries, easements, fencing and walls, Mr. McAvoy stated he will research the history of the site with a local realtor to determine the correct location of screening fencing. Ms. Glatthorn explained fence height restrictions. mpz01.96 7 01/09/96 - , Discussion ensued regarding the number and types of vehicles expected to use the site. Mr. McAvoy stated he does not expect more than five or six delivery trucks on the property at one time. Discussion ensued regarding landscaping, vehicular access on and around the site, customer and employee parking, and whether or not the site is on a truck route. Concern was expressed with the possibility of creating traffic bottlenecks. Mr. McAvoy explained the site plan submitted with the application Is a survey of the location as it currently exists. He indicated, as they work to improve the property, any traffic circulation problems can be addressed. In response to questions, Mr. McAvoy explained the water filtration and purification process. He did not object to suggested staff conditions. Member Mazur moved to approve Item C.5 (CU 96.05) subject to the following conditions: 1) All site lighting shall be equipped with a 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and street rights-of-way prior to issuance of the requisite certificate of occupancy; 2) The requisite building permit shall be obtained prior to the start of construction but no later than six months from the date of this public hearing; 3) The requisite certificate of occupancy shall be obtained within six months from the date of issuance of the requisite building permit; 4) The requisite occupational license shall be obtained prior to the start of the business but no later than one year from the date of this public hearing; 5) All supplies and equipment related to the use shall be stored indoors at all times; 6) The hours of operation shall be limited to 6:00 a.m. until 8:00 p.m., Monday through Saturday, and 10:00 a.m. until 8:00 p.m. on Sundays; and 7) Perimeter landscaping shall be provided in accordance with Sec. 42.27 and reconfiguration of the ' parking lot will require interior landscaping to be in accordance with Sec. 42.27 of the Land Development Code and is subject to approval by the City Traffic Engineer. The motion was duly seconded and carried unanimously. The meeting recessed from 4:20 to 4:25 p.m. C6. Tom Falon III (B&B Car Stereos) to permit vehicle service at 1916 Gulf to Bay Blvd, Sec 13-29-15, M&B 24.01 & 24.02, together with Skycrest Sub, Unit D, Blk B, part of Lots 5 & 6, zoned CG (General Commercial). CU 96-06 Ms. Glatthorn gave the background of the case and presented written staff recommendations. She stated the conditional use is being requested to allow B&B Car Stereos to relocate from its current location at Gulf to Bay Boulevard and Keene Road. The relocation is due to the proposed redevelopment of their existing site as a new Walgreen's. Staff rioted the new location will meet all code requirements for the business. No objections to the application were expressed. Five conditions of approval were recommended. Tim Bauer, authorized representative, agreed to recommended staff conditions. He displayed two presentation boards; one depicting the existing site, the other illustrating what is proposed. He stated 2,700 square feet of the west side of the existing building are to be removed for additional parking. He explained how traffic access, circulation and parking will be reconfigured. MPZot.s6 a 01109]96 Greg Nowak spoke in support of the application. He stated he has worked with the applicant and several other property owners to redevelop properties in the Gulf to Bay Boulevard area. Member Bickerstaffe moved to approve Item C.6 CU 96-06 subject to the following conditions. 1) There shall be no outdoor storage or service associated with the use; 2) The requisite building permit shall be obtained prior to the start of construction but no later than three months from the date of this public hearing; 3) The requisite certificate of occupancy shall be obtained within six months from the date of this public hearing; 4) The requisite occupational license shall be obtained prior to the start of business but no later than one year from the date of this public hearing; 5) All site lighting shall be equipped with a 90° cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights-of-way prior to the issuance of the requisite certificate of occupancy; 6) The owner shall execute a recordable grant of easement to the City to allow for the installation of sidewalks and the provision for public access along the perimeter of the site prior to the issuance of the certificate of occupancy; and 7) Landscaping shall be in accordance with Sec. 42.27 of the Land Development Code. 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. (cont. from 12119195) Ordinance 5956-95 of the City of Clearwater, Florida; amending Sections 21.10 and 42.35, Code of Ordinances, to provide for the temporary storage of recreational vehicles for lodging purposes at the Harborview Center; providing an effective date. Scott Shuford, Central Permitting Director, presented the ordinance, stating Barry Strafacci, Harborview Center General Manager, was present to answer any questions. He stated this is the latest version of the proposed ordinance, prepared in response to Board concerns. He said it addresses location of recreational vehicle (RV) parking and cleans up language regarding campers and travel trailers. Mr. Shuford stated they do not want to create a campground atmosphere, but a place to allow crafters and exhibitors to use their RV's while attending events at the Harborview Center. Lengthy discussion ensued regarding the ordinance. It was felt the ordinance is too vague because specific standards are not clearly defined. Mr. Shuford explained City staff is charged with the administrative duty of determining the best way to implement the ordinance. He said listing specific standards can create the problem of having to go through a lengthy public hearing process if they need to be changed. He said it is necessary to be flexible in the beginning, when logistical details of Center operation are still being addressed. I.-I mpz01.96 9 01109/95 Concerns were expressed approved parking areas are not clearly designated. Concern was expressed with allowing RV's and semi tractor-trailers to spoil the appearance of the beautiful new building. Mr. Strafacci reiterated they do not intend to create a campground, but a place only for exhibitors' vehicles. He stated the Harborview management will be intelligent, good managers of the image of the property and the business. Ms. Dougall-Sides stated she has included language excluding semi tractor-trailers. Concern was expressed oversized vehicles will not fit into existing parking spaces. It was felt parking is already at a premium. A suggestion was made to allow exhibitors to park their RV's in City maintenance yards, where limited facilities could be provided. Trolleys could then shuttle them to the Center. Strong objection was expressed to allowing RV's to ruin the view of the bayfront when parking areas are available only a few blocks inland. One member voiced strong objection to allowing exhibitors to live in their RV's in proximity to the Center. It was felt this will disrupt the cash flow, which was to be one of the main reasons for creating the Harborview Center. Staff was requested to check with the Tampa Bay Convention Center, Thunderdome, and the Sayfront Center to see if they allow live-ins to park on their properties. One member stated this situation is the same as that at large convention hotels, which allow RV parking because they want the business. He stressed each vehicle will be permitted on an individual basis. With no facilities and no hookups, this is nothing but a place to park for the duration of an event. He indicated many shows will not be possible without this provision. Another member agreed, stating the City and the Harborview Center should be given the necessary tools to accomplish their tasks. Mr. Shuford requested a two week continuance to allow time for staff to obtain information regarding RV parking at other exhibition facilities in the area and to finalize a management plan. Member Keyes moved to continue Ordinance 5956-95 to the next meeting. The motion was duly seconded. Discussion continued regarding RV parking. The majority felt they could support the ordinance as long as some restriction of RV parking was in place. Staff agreed to bring back details of the management plan for Board review and recommendation prior to final Commission action. The continuance motion on the floor was withdrawn. Member Bickerstaffe moved to endorse Ordinance 5956-95 to the City Commission, with the addition of the word "designated" before "city-owned public parking facilities" in Sections 21.10 and 42.35. The motion was duly seconded. Members Merriam, Keyes, Mazur, Bickerstaffe and Kunnen voted "Aye"; Members Nixon and Baron voted "Nay." Motion carried. mpz01.96 10 01/09/96 D2. Ordinance 5962-96 of the City of Clearwater, Florida, relating to the Land Development Code; amending Division 26 of Chapter 40, Code Of Ordinances, to provide for revised development standards in the Urban Center District; providing an effective date. D3. REZONING: (City Initiated) to consider rezoning the downtown zoning districts as follows; UC(C)1:Bounded on the North by Jones Street, on the East by Garden Avenue, on the South by Rogers Street, and West by Osceola Avenue. UC(C)2:Bounded on the North by Jones Street, on the East by Myrtle Avenue, on the South by Turner Street, and the West by Garden Avenue. UC(E)1: Bounded on the North by Drew Street, on the East by Greenwood Avenue, on the South by Turner Street, and the West by Myrtle Avenue. UC(E)2: Bounded on the North by N.E. Cleveland Street, on the East by Fredrica Avenue, on the south by Court Street, and the West by Greenwood Avenue. Mr. Shuford requested the Board consider Items D.2 and D.3 together. He explained the implementation of the Downtown Plan recently endorsed by the City fi Commission will require a number of Code amendments. Height, floor area ratio and density regulations will be revised. Permitted uses along key commercial corridors and in specific subdistricts will be changed. Bonus provisions to allow increased development intensity if certain public goals are met, will be established. He stated the changes have been approved by the Pinellas Planning Council and a number of other boards. Referring to zoning maps of the affected districts, he walked the Board through numerous Code changes in the ordinance. Peter Gozza, Community Redevelopment Agency Director, explained in detail why this process is being addressed. He explained the results of research through consultants, the development community and general population, indicate that a scaled down, more pedestrian type of downtown was wanted for Clearwater. He indicated the plan is based, in part, on a visual preference survey of what people have indicated they want for downtown. Mr. Gozza and Mr. Shuford responded to questions throughout the discussion. Discussion ensued regarding parking garage ground floor retail, and exemption from the amenity area requirement. Concerns relating to the proposed downtown lake were discussed. Mr. Shuford stated more stringent controls of development and design review requirements will ensure downtown property is developed and maintained within acceptable standards. He discussed a provision for properties that will become non-conforming as a result of the ordinance. mpz01.96 11 01169196 Lengthy discussion ensued regarding building height, density and floor area ratio. Many concerns were expressed regarding the ordinance imposing building height restrictions where none previously existed. Included in the discussion were a proposed 34 story high rise and bonus height provision for landscaping. Ms. Glatthorn left the meeting at 5:40 p.m. Eight downtown commercial property owners and businesspersons spoke in opposition to the ordinance. Concerns were expressed regarding the ordinance creating non-conformity in existing buildings, adversely affecting property values and restricting potential commercial development by removing incentives. Some expressed concern they were not adequately notified of their opportunities to offer input regarding the proposed changes. Disagreement with the visionary process was expressed, because it was felt developers, not consultants, determine what and where development occurs. While some supported the plan as a whole, staff was requested to rethink certain language regarding development incentives and building scale. Discussion ensued regarding a concept of enhancing the view by incrementally decreasing building heights toward the Gulf and proposed downtown lake. One member supported a "pyramid" type of building height arrangement with the highest buildings in the center. One member suggested eliminating height restrictions from the ordinance and dealing with any potential future high rise developers individually. One member supported an ordinance establishing height limits and offering incentives. ??Y 1? Discussion continued regarding height, density and floor area ratio. One member felt the visual preference survey was a poor basis for the plan, from the standpoint of developers, property owners and impact on businesses. Another member spoke in support of the visual preference survey, stating it was advertised in newspapers and on television Mr. Gozza offered to revisit the issues, working with a local commercial realtor to adjust height, density and floor area ratio. Mr. Shuford requested a continuance to the first meeting in February to allow time to draft a new proposal incorporating Board and citizen comments. He stated he will also see if sufficient justification exists for establishing two different zoning categories in downtown. Member Keyes moved to continue items D.2 and D.3 to February 6, 1996. The motion was duly seconded and carried unanimously. D4. Ordinance 5963-96 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 42.06, Code of Ordinances, to provide for revised requirements for transfers of development rights; providing and effective date. Member Mazur moved to continue Item D.4 to the meeting of February 6, 1996 due to time constraints. The motion was duly seconded and carried unanimously. 11.? mpz01.96 12 01/09/96 41'. ' .. _-, E. Chairman's Items Discussion ensued regarding a continuing concern with accumulation of trash and debris on a Lakeview Avenue property being used by the Church of Scientology. Member Merriam noted several 55 gallon drums are currently on the property. It was indicated more debris has accumulated, including an abandoned trailer. Mr. Shuford said staff will investigate. F. Director's Items - Alcoholic Beverages In Motels With 50+ Units In CR-28 Mr. Shuford said he brought this issue to the attention of the City Commission in response to Board and citizen requests. He stated the Commission instructed staff to address discrepancies in language between the City's alcoholic beverage code and State statutes. Member Nixon questioned how this will affect room conversions and parking requirements. Mr. Shuford listed and briefly discussed how the few hotel/motel uses in the Beach Commercial area might be affected. Mr. Shuford noted, several years ago, staff recommended against establishing a small warehouse use on the property referenced in Item C.5 today, due to its location at the entrance to the City. Since the property has remained vacant for several years, he was happy to see the conditional use approved today. Mr. Shuford reported the State requires review and update of the City's zjs Comprehensive Plan every five years. Toward this end, staff will bring the Future land Use Element for discussion at the next meeting. Background information will be provided to the Board in advance of the meeting. G. Board and Staff Comments The Chair requested members wishing to speak to an issue wait to be recognized. Member Nixon stated approval for retail sales of new and used cars on a Sopth Fort Harrison Avenue property was conditioned on additional landscaping being installed. She reported landscaping was never. done and the entire lot was recently repaved all the way to the street. Staff is to investigate. She also questioned if the homeless shelter at St. Vincent De Paul is in the proposed downtown lake site. Mr. Shuford stated it is not. Member Nixon questioned why pet grooming in a retail sales area requires conditional use approval, when sales and overnight boarding have a greater potential for disturbing the neighbors, In a related issued, she questioned if fire sprinklering, or tenant separation can be required in any facility where pets are left overnight without supervision. Mr. Shuford said he will look into the Code regarding these issues and report to the Board. Member Baron asked Mr. Shuford to keep an eye on redevelopment activity along Missouri Avenue. 3 mpz01.96 13 01/09/96 4'^ • 4 j? . AFL W.Y.,l Ji IV, % 4 ctv? 4 Election of-Q-oaEd-Qff'cer§ Member Merriam opened nominations for Chairperson. Member Kunnen nominated Jay Keys. No other nominations were made. Jay Keyes was declared elected as Chairperson. Member Merriam opened nominations for Vice-Chairperson. Member Kunnen nominated Bob Bickerstaffe. Member Baron nominated Brenda Nixon. No other nominations were made. Members Keyes, Bickerstaffe, and Kunnen voted for Bob Bickerstaffe. Members Mazur, Merriam, Nixon and Baron voted for Brenda Nixon. Brenda Nixon was declared elected as Vice-Chairperson. Mr. Shuford thanked Member Merriam for his service as Chairperson and congratulated the new officers. B ar R 1 of Pr ? Due to the late hour, consensus was to continue this issue to the next meeting. H. Adjournment The meeting adjourned at 7:25 p.m. J '/ ' Map Chair Planning and Zoning Board Attest: card Reporter mpz01.96 1 14 01/09/96