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02/06/1996 (2) '. " ~, . .~. . .... . I . . . ~~::i ';' : ~'I. ':: .......,., . --., i PLANNING AND ZONING BOARD CITY OF CLEARWATER February 6, 1996 Present: Jay Keyes Brenda Harris Nixon Edward Mazur Robert D. Bickerstaffe Kemper Merriam Bernie Baron Frank Kunnen Scott Shuford Leslie Dougall-Sides Sandy Glatthorn Gwen Lagters Chair Vice Chair Board Member Board Member Board Member Board Member Board Mem ber Central Permitting Director Assistant City Attorney Central, Permitting Manager Board Reporter To provide continuity, items are listed in agenda order although not necessarily discussed In that order. The meeting was called to order by the Chair at 2:00 p.m. in City Hall, followed by the Invocation and Pledge of Allegiance. He outlined meeting procedures and the appeal process. I"""', "'r Ifl A. Minutes Approval ~ January 9, 1996 Member Mazur moved to approve the minutes as submitted in writing to each member by the Board Reporter. The motion was duly seconded and carried unanimously. B. Requests for Extension, Deferred and Continued Items B 1. (2nd request for extension) Richard & Mildred Soderberg (Applegate Manor) to permit Level II group care at 2484 Sharkey Rd, Sec. 07-29-16, M&B 42.14, zoned RM 16 (Multiple Family Residential). CU 94-50 Ms. Glatthorn said the applicant is requesting a second one year time extension due to an extended illness in her family. The applicant was not present. It was noted the applicants' presence is required when the Board considers time extension requests. After a brief discussion, consensus was to waive the attendance requirement for this case only, due to the extenuating circumstance. . Member Kunnen moved to approve a one year time extension. The motion was duly seconded and carried unanimously. 82. (cant. from 1/9/96) MEDEC/Delmar G. Ferguson to permit indoor storag~ and/or warehousing at 1585 S Ft Harrison Ave, Sec 21-29-15, M&B's 44.22 & 44.23, and Oakhaven Sub, Lots 8, 9, 11-21 and proposed vacated streets, zoned CG (General Commercial). CU 96-02 \......J mpz02a.96 1 02/06/96 .... .' " ~. . .'.j t-.~\.:" . ., Ms. Glatthorn stated the applicant has requested a continuance. He needs additional time to update his site plan according to Environmental Management requirements regarding existing trees. Member Bickerstaffe moved to continue Item B2 to the meeting of March 5, 1996. The motion was duly seconded and carried unanimously. C. Conditional Uses C1. (Trial Period Review) - Florence Panteles (Kings Car Center) to permit replacing a nonconforming use with another nonconforming use of lesser intensity (existing vehicle service; all or part; with outdoor sales; display andlor storage; vehicle sales) at 1501 S Ft Harrison Ave, See 21-29-15, M&B 44.08, zoned CR 24 (Resott Commercial). CU 95-48 Ms. Glatthorn stated several of the conditions of approval were not met within the trial period and the application has expired unless the Board chooses to extend the time. Florence Panteles. the owner applicant; indicated fulfillment of the conditions was delayed because she and her son were ill. She said a misunderstanding with staff regarding the amount, location and type of required landscaping also delayed compliance. She summarized discussions with staff regarding traffic ingress and egress; parking; vehicle sales and minor repairs. She requested more time, stating she wishes to follow through with her plans and will comply with all conditions. ......-....... , '-) Ms. Panteles requested a reduction in the required five foot perimeter landscaping buffer. She referred to a particular nearby commercial property that has reduced perimeter landscaping. The variance process was explained to her. It was indicated the neighboring property she questioned may not be in compliance with landscape standards. The Board asked staff to investigate. Discussion ensued regarding what the applicant is doing to comply with the remaining conditions of approval. Addition of a site lighting condition was requested. Concern was expressed regarding additional paving on the lot. Ms. Panteles said the existing pavement was recoated to improve the appearance. but no paving was added. Member Mazur moved to approve a 90-day trial period extension for Item C1 subject to compliance with the eleven conditions of approval imposed on August 1, 1995. plus condition #12) 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 occupational license. The motion was duly seconded and carried unanimously. C2. United Way of Pinellas County, Inc., (Medical Development Research; Inc.) to permit Research and Technology Production at 2451 Enterprise Rd, The Village at Countryside; Parcel 2, zoned CC (Commercial Center). CU 96-07 Item C2 was considered after unanimous endorsement of Item 010, below. '--J mpz02a.96 2 02/06/96 .. " '.' " ' ' ~ . ~ - . I '. . . ~: j.~'."~ . Ms. Glatthorn gave the background of the case and presented written staff recommendations. She stated the applicant is requesting conditional use approval of research and technology' production of intraocular lenses in an existing office building. Summarizing the proposed use, she said the lenses are assembled in a clean environment for sales to hospitals and doctors for cataract surgery. She stated approval must be subject to adoption of the code amendment establishing "research and technology production" use. Staff recommended approval with five conditions. Barbara Miller, representing Medical Development Research, Inc., authorized General Manager Roy Moser to speak on her behalf. Mr. Moser stated they wish to move the operation from its current location to a more presentable area, closer to the medical professionas with whom they work. In response to a questior:'!, he stated employees will use about 38 parking spaces. He agreed to the conditions as proposed by staff. Two citizens spoke in opposition to the request, as follows: Thomas Flynn stated he owns Cypressview Professional Office Condominiums across Enterprise Road from the subject property. He said he and his property manager object to having an industrial use in a residential/commercial office space. He explained how the proposal violates several standards for approval. I"'; '~. f u~...- ,,1:,~, . Evelyn Mantzee stated she represents the residents of the Villas at Countryside condominiums, also across Enterprise Road from the subject property. She stated they fear opening the door to an industrial enterprise will increase traffic and set an unwanted precedent. She asked the Board to impose conditions prohibiting third shift operation and limiting hours of operation, if the application is approved. Barbara Miller spoke in support of the application. She stressed research and medical development technology is not an industrial enterprise. She distributed samples and manufacturer's specifications of the intraocular lenses. She stated all work is done in a clean room environment and is monitored by the FDA. She said they simply propose to share the existing building with the non profit organizations already there. She said the operation will not impact the surrounding community because it will have no walk~in trade, no interior or exterior noise, and no waste beyond normal office paper products. Traffic will be limited to 38 employee vehicles, sporadic office supply deliveries and an afternoon UPS pickup, jf needed. She said they will not schedule third shifts, believing them to be counterproductive. Concern was expressed no clear site plan was provided with the application. Ms. Miller submitted a realtor's property overview showing a floor plan and an aerial photograph of the building on the site. In response to questions, Ms. MlIIer indicated the applicants propose to purchase the building, leasing space to the non-profit agencies already in residence. It was indicated vacant office space in the rsar of the building may be leased out in the future. v mpz02a.96 3 02/06/96 . . > ~. ~.. , . . .. " < . .' ." , .. ~ ,.: - '. ~: '. . ",.., Lengthy discussion ensued regarding operation of the proposed facility and floor space needed. Mr. Moser indicated the assembly/production area is to be approximately 2,000 square feet, with another 1,000 square foot area needed for storage and records retention. It was pointed out any addition or change in manufacturing use would require another conditional use application. Discussion ensued regarding the number of existing parking spaces and how many will be needed for the proposal and the leased offices. In response to a question, Ms. Miller stated she was told 95 parking spaces exist on the site. A question was raised regarding future expansion of the business. Ms. Glatthorn explained parking calculations, stating only 73 spaces are required for this 16,000 square foot building. She indicated Code does not require the applicant to break down how the parking is to be used. Larry Kimmet, Production Manager, addressed future expansion. He explained this technology grows through improved computer software, not increased personnel. He stated, as the technology becomes more sophisticated, he expects a reduction in the number of employees. Mr. Moser explained the operation compares conceptually to a one hour eyeglass production laboratory. He said their current facility does not provide the clean, attractive. professional environment needed to showcase their product. Discussion ensued regarding limiting hours of operation. It Thomas Flynn spoke in rebuttal to Ms. Miller's statement of support. He reiterated earlier concerns. (',.,;") ~h!l/~ Mr. Shuford arrived and joined the Board in discussion of the proposal. He stated he visited the existing operation in St. Petersburg and found it to be very clean and quiet. He felt the proposed use would be compatible with the Land Development Code, Comprehensive Plan and the surrounding area. He did not feel any negative impact would result. He did not have a problem recommending approval with conditions. The majority of the Board favored the proposal, with additional conditions. It was felt allowing a clean, quiet production use in a residential area represents a coming trend that will enable people to walk or ride their bikes to work. One member expressed concern it is premature to approve this request before it is known if the City Commission adopts the proposed amendment. Mr. Shuford noted this application is conditioned upon City Commission approval of the ordinance. , Member Bickerstaffe moved to approve Item C2 subject to the following conditions: 1) The approval is subject to adoption of the code amendment for the research and technology production use in the Commercial Center Zoning District; 2) The applicant shall obtain the requisite occupational license within 6 months of the date of this public hearing; 3) Delivery vehicles sizes shall not exceed panel trucks of the UPS variety; 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 streets rights-of-way prior to issuance of the requisite occupational license; 5) The operation shall be consistently maintained as proposed in the application in terms of waste and noise generation; 6) the production area shall not exceed 3.000 square feet; and 7) The hours of operation shall be v mpz02a.96 4 02/06/96 . . ',' .. I ~ . ' .. ' . . .,.'. . ~ . , . :IIi........;' .:>. limited to 6:00 a.m. to 6:00 p.m., Monday through Friday, with no Saturday or Sunday hours. The motion was duly seconded. Members Merriam, Keyes, Mazur, Nixon, Bickerstaffe, and Baron voted" Aye"; Ml\lmber Kunnen voted "Nay." Motion carried. C3. J. & SODhta Karas/Drew Food Mart. Inc., to permit package sales of beer and wine (new license) at 1881 Drew St, Sky Crest Sub, Unit No.5, Blk F, Lots 1 & 2, zoned CG (General Commercial). CU 96-08 Ms. Glatthorn gave the background of the case and presented written staff recommendations. She stated the applicant wishes to have package sales of beer and wine in the existing grocery store. She detailed the surrounding residential and school uses. It was indicated the size of the proposal represents only two percent of the existing floor space and would be considered an accessory use except for its proximity to the schools. Staff recommended approval with three conditions. Ms. Glatthorn noted one letter in opposition was submitted by the Pinel/as County School Board. In response to a question. Ms. Glatthorn stated staff is not aware of any problems or police reports associated with alcoholic beverage sales at this location. A letter was submitted authorizing Elias Yaman to represent the applicant. Elias Veman stated the grocery store has existed for over 30 years. He said the store has always had a beer and wine license and the regular customers wish them to continue """', the service. He indicated they are the third store away from the school and their front l""".I door is over 200 feet from any school. Dan Karas, spoke on behalf of his mother, the property owner. He stated the previous tenant experienced no problems with their beer and wine license associated with proximity to the school. He stated he and his mother support the application. He said Mrs. Karas has entered into a five year lease with the applicant. A copy of the lease was submitted for the recQrd. No one was present to speak in opposition to the request. Member Sickerstaffe moved to approve Item C3 subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within 6 months of the date of this public hearing; 2) The hours of operation shall be limited to 7:00 am until midnight; and 3) All site lighting shall be equipped with a 900 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. The motion was duly seconded and carried unanimously, C4. Aloha Beach Resorts. Inc./Qualitv Int'! to permit expansion of nonconforming "Tikilt bar at 655 S Gulfview Blvd, Bayside Sub No.5, Slk C, Lots 8-11 and riparian rights, zoned CR 28 (Resort Commercial), CU 96-10 v mpz02a.96 5 02/06/96 '. . .' .' >' >. . . . ," J ,... . , , ~~~~:1 .. Ms. Glatthorn gave the background of the case and presented written staff recommendations. She stated the applicant wishes to expand an existing bar at a 91 wunit Quality Inn to create a miniature "food court" as an amenity for the guests. Existing motel units are to be converted to accommodate the proposal within the footprint of the building. She explained alcoholic beverage sales uses are regarded as nonconforming because such uses are allowed only in motels/hotels with a minimum of 1 00 rooms in this zoning district. Ms. Glatthorn corrected a typographical error in the staff report concerning the hours of operation She' noted the recommended closing time on weekends and holidays is 1 :00 a.m. 5taff recommended approval with four conditions. A question was raised regarding a recurring reference on the police report concerning a business school address. Staff will investigate and report at the next meeting. Ed Armstrong, attorney representing the applicant, stated the applicant proposes to remove walls between the existing bar and two adjacent motel rooms to enable the conversion. He said the Choice Hotel chain has chosen the subject property as one of three locations in the country to experiment with the concept. Mr. Armstrong distributed copies of a related article from the November 10, 1995 edition of USA TODA Y. ~ :w..... ~,.:~~r;f Mr. Armstrong stated the proposal will focus on the guests, so it will have no impact on traffic, noise, ingress/egress or parking. He listed a number of name brand fast food products they expect to sell. He said customers may use a small seating area outside, or take food back to their rooms. He said the proposal is oriented to the west, so it will not visually impact the neighbors on the sides. Two neighbors spoke in support of the application, with additional conditions, as follows: Janet Nasith said she lives next door and the Quality Inn is a good neighbor. She requested a condition restricting the music hours, stating she felt expansion of the bar would bring about additional entertainment. She felt the proposal could worsen the parking problem and contribute to additional litter on the beach. Guy Jasmine, General Manager of the adjacent EconoLodge, addressed the Board. While he supported the food court, he urged to Board to consider a condition to keep music volume down, or keep it inside with the door closed. He felt the proposal will draw local customers and thus increase traffic, but noted the applicant has provided ample parking. No one was present to speak in opposition to the request. Board discussion ensued and it was felt the City's noise ordinance is adequate to regulate any problems with outdoor entertainment. In response to concerns, Mr. Shuford pointed out the hours of operation for the food court are not tied into the hours of operation for any other conditional use previously approved for this location. '....,J mpz02a.96 6 02/06/96 , " ,\ '. , .. I' ~ . . .. ~ .., ;I". ~.'. . " r,"'.,'" "'. Mr. Armstrong stated outdoor entertainment has been a permitted use at the location for a number of years. He urged the Board to consider the food court separately. He stated for the record the hours of operation recommended by staff will only apply to the food court and will have no impact on changing the hours of operation for the existing bar. Member Bickerstaffe moved to approve Item C4 subject to the following conditions: 1) There shall be no customer accessible display areas for package sales; 2) All site lighting shall be equipped with a 900 cutoff mechanism, with the tight being directed downward and away from adjoining residential properties and streets rights-of-way within six months from the date of this public hearing; 3) The requisite building permit, certificate of occupancy, and occupational license shall be obtained within one year from the date of this public hearing; and 4) The hours of operation shall be 1 :00 p.m. to 11 :00 p.m. on weekdays, 11 :00 a.m. to 1 :00 a.m. on weekends and holidays. The motion was duly seconded and carried unanimously. Having completed her presentations, Ms. Glatthorn left the meeting. The meeting recessed from 4:00 to 4:09 p.m. o. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment and Local Planning Agency Review 01. (cant. from 1/9/96) REZONING: (City Initiated) to consider rezoning the downtown zoning districts as follows: ......~I\ .....,...,.J 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. D2. (cant. from 1/9/96) 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. It was indicated Items D1 and D2 would be continued due to time constraints. Louis Chiconis was present to speak to the revised development standards. He stated he would withhold his comments until the continuation of the items. Member Bickerstaffe moved to continue Items 01 and 02 to March 19, 1996. The motion was duly seconded and carried unanimously. v mpz02a.96 7 02/06/96 ~ , . .... " , . I . , ' '. . ~'. I \ , . ~;"':"!~ ,.~',..c " D3. West side of landmark Drive, Sec 33-28-16, M&B 22.0111 (City of Clearwater/Richard Baier). A 95-29 LUP: Residential Low ZONE: RS-4 Mr. Shuford stated this item was withdrawn by the applicant. No one was present to speak in support or opposition to the request. D4. 1936 East Skyline Drive, Skyline Groves, Lot 60 (Peter W. Strohm). A 96-01 LUP: Residential Low ZONE: RS-8 05.2209 Arlington Place, Palmetto Terrace, Blk B, Lot 3, (Thelma W. Jaegar). A 96-02 LUP: Residential Urban ZONE: RS-8 Mr. Shuford gave the background and presented written staff recommendations for Items 04 and 05. No one was present to speak in support or opposition to the requests. Member Mazur moved to endorse Items D4 and 05 to the City Commission. The motion was duly seconded and carried unanimously. ...,...~\ I } .......... 06. East and West sides of South Ft. Harrison Ave. & South of Woodlawn St, See 21-29- 15, M&Sls 44.08, 44.09, & 44.10. (Florence Pantefes, Peter V. & Michaeal Gianfllippo, and Oliver & Harriet Ackerley/City of Clearwater). Z 95-18; LUP 95-35 LUP: From Resort Facilities High to Commercial General ZONE: From CR-24 to CG A question was raised if this rezoning will affect landscape buffering requirements for the applicants. Mr. Shuford stated it will not, as those requirements are based on the type of roadway involved. Member Mazur moved to endorse Item 06 to the City Commission. The motion was duly seconded and carried unanimously. D7. (cant. 'rom 1/9/96) 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 an effective date. DB. ORDINANCE 5970-96 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 42.21, Code of Ordinances, to provide for improved clarity concerning the application of landscaping and parking standards for non conformities; providing an effective date. , \~ mpz02a,96 8 02/06/96 > . . . . . . ".. I" . .'. l'~ " ., " ~ :.". . f,' ... ~ > " 09. ORDINANCE 5971-96 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 35.11, Code of Ordinances, to revise the definition for utility facilities to include police substations; amending Section 41.053, Code of Ordinances, to establish conditional use permit supplementary standards of approval for utility facilities/police substation subcategory uses; amending Section 41.171, modifying caption to table of additional requirements for temporary uses table and clarifying that temporary parking lots are commercial only and adding a category and establishing requirements for police substation as temporary uses; providing an effective date. Member Bickerstaffe moved to continue Item 07" 08 and 09 to February 20, 1996, due to time constraints. The motion was duly seconded and carried unanimously. 010. ORDINANCE 5972-96 of the City of Clearwater, Florida, relating to the Land Development Code; amending Sections 35.11, 40.424, 40.434, 40.444, 40.464, 40.474, 40.503, 40.523, And 41.053, Code of Ordinances, to revise the definition of "manufacturing", to provide a definition for "research and technology production uses", and to allow research and technology production uses as permitted or conditional uses in various zoning districts; establishing supplementary conditional use permits standards; providing an effective date. Item 010 was considered earlier in the meeting, with Item C2. ....'........ 1 "....,J Ms. Glatthorn summarized the proposed' amendments and definitions regarding research and technology production. Under the proposed ordinance, high tech production and assembly uses in commercial zoning classifications would be allowed subject to conditional use review for compatibility. No one was present to speak in support or opposition to the amendment. Member Nixon moved to endorse Item 010 to the City Commission. The motion was duly seconded and carried unanimously. E. Chairman"s Items - None F. Director's Items F1. Citizen Task Force Review: Future Land Use Element Mr. Shuford said the State mandates that cities update their comprehensive plans every five years. He explained the City of Clearwater asks its advisory boards to act as citizen task forces to review elements of the plan with which their boards are concerned. As the Planning and Zoning Board is concerned primarily with the Future Land Use Plan, he asked them to reviow staff's Evaluation and Appraisal report on this element. He distributed copies of the report, highlighing the contents. He stated he will address the Board in greater detail at the next meeting. He asked the Board to look over the material and call him with comments and suggestions, or bring them to the next meeting. ~ mpz02a.96 9 02/06/96 , ~ .' ~ . . , . .' . r" ~. , I .' I' ' " . ' , !p" " :. -', Member Keyes pointed out not a lot has changed since the previous comprehensive plan went to the State in 1989. Member Nixon expressed concern with flagrant violations of the tree protection ordinance. She requested strenuous enforcement, penalties and flnes be put in place. She also expressed concern with continued noncompliance with site lighting requirements, stating a time limit is needed. Mr. Shuford will investigate the site lighting issue and tree protection violations that hi;tve gone before the Municipal Code Enforcement Board. Member Bickerstaffe stated the City Community Response Team is doing a fantastic job enforcing codes and solving problems in his neighborhood. Discussion ensued regarding property rights in single family districts related to density and setbacks, and adding bike lanes to roadways and sidewalks. F2. Telecommunication Towers Siting Mr. Shuford said a movement is underway to preempt local zoning authority for certain types of commercial facilities. He feels the .city regulates these in a reasonable fashion and is opposed to regulation on a federal level. He referred to a handout containing additional information on this issue. F3. Discussion of Harborview Center Parking Plan ~.; !;..~) Mr. Shuford distributed two handouts. One handout listed rules for recreational vehicle (RV) parking at the Harborview Center, and he noted two amendments to the rules as listed. The alternate parking location was deleted from page one, and the restriction against pets on page two was lifted. He said pets are to be allowed until further notice. The other handout summarizes RV parking plans at six similar facilities around the State. Mr. Shuford noted staff will charge $10 per night to administer the program. F4. Alcoholic Beverage Ordinance Mr. Shuford stated the City Commission requested staff bring forward recommended modifications to the alcoholic beverage regulations that were adopted in January 1995. Copies of the February 1 City Commission agenda item were provided to the Board and brief discussion ensued. G. Board and Staff Comments Member Nixon reported Tattletales on Gulf to Bay Boulevard was closed. It is possible they reopened without change of ownership approval. Staff will investigate and report. Member Nixon requested staff look into the reduced perimeter landscaping on the commercial property to which Ms. Panteles referred in Item C1, above. Staff will investigate and report. y mpz02a.96 10 02J06J96 .~. :'\, .' . 1 ~~:i:~.~;/\I:~. ;:~.:..:. .. . . . :;<.t. I . . '. ~'.' . . . I . E. . . ~ t I' f' . . .~, ? I Member Baron questioned advertising on a 4 x 8 foot plywood sign and reported late night demolition activity on the Oimmit property. Mr. Shuford will investigate the late activity and refer the sign to the Community Respons~ Team. Member Merriam stated he has suggestions for several changes to the Board rules of procedures and requested it be brought forward. Mr. Shuford will copy the rules to the Board and agenda this topic lOr a future meeting. :....~ Member Merriam requested staff consider rephrasing the term "not inconsistent" on the staff report. Member Keyes requested the Planning and Zoning agenda items be numbered to correspond with the agenda. Mr. Shuford supported these suggestions. Member Nixon referred to a January 22 letter from City Building Official Victor Chodora regarding fire safety codes for pet shops and veterinary offices. She questioned if the City can require fire sprinklering where animals are left overnight without human supervision. Brief discussion ensued. Mr. Shuford will ask Mr. Chodora what can be done regarding this issue. H. Adjournment The meeting adjourned at 4:56 p.m. c) ~/7~ C'i. / Planning and Zoning Board ~ mpz02a.96 11 02/06/96 ../.'. < '.. ,