02/20/1996 (2)
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PLANNING & ZONING BOARD MEETING - ACTION AGENDA
Tuesday, February 20, 1996
Call To Order, Invocation, Pledge Of Allegiance
A. MINUTES OF PREVIOUS MEETINGS - February 6, 1996 - Approved as amended.
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS - None.
C. CONDITIONAL USES
1. Osamo I. Khazendar (Nursery Amoco) to permit package sales only of beer and wine
(new license) at 18698 US 19, Sec 19-29-16, M&B 41.12, zoned CH (Highway
Commercial). CU 96-09
ACTION: Approved subject to the fonowing conditions: 1) The applicant shall obtain
the requisite occupational license within 6 months of the date of this public hearing; 2)
AU site lighting shall be equipped with a 900 cutoff mechanism, with the light baing
directed downward and away from adjoining residential properties and streets rights-of-
way prior to issuance of the requisite occupational license; and 3) The access change
on US Highway 19 will require FDOT. approval. The applicant's parking and vehicular
plan will be subject to approval by the Traffic Engineer prior to the issuance of a building
permit.
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE
C;;) TEXT AMENDMENT. AND LOCAL PLANNING AGENCY REVIEW
1. East side of landmark Dr., Sec 33-28-16, M&B 22.0111 (City of Clearwater/Richard
Baier). A 95-29
ZONE: RS-6
ACTION: Endorsed Item D 1 to the City Commission
2. 2050 Sunnydale Blvd., Clearwater Industrial Park, part of lot 2 (Tuthill
Corporation/Hansen Plastics Division) A 96-03
ZONE: IL
ACTION: Endorsed /tern D2 to the City Commission
3. 1501 Stevenson Dr., Stevenson's Heights, Blk D, Lot 5 (James L. Waters, TRE &
Zonald E. Waters). A 96-05
ZONE: RS-8
ACTION: Endorsed Item D3 to the City Commission
4. 1301 Woodbine St., Pine Ridge, Blk C, Lot 9 (James L. Waters, TRE). A 96-08
ZONE: RS-8
ACTION: Endorsed Item D4 to the City Commission
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5. (cont. from 2/6/96) 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.
ACTION: Endorsed Item D5 to the City Commission
p & Z ACTION 1 02/20/96
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6. (cant. 'rom 2/6/96) 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.
ACTION: Endorsed Item D6 to the City Commission
7. (cant. from 2/6/96) 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 lots
are commercial only and adding a category and establishing requirements for Police
Substation as Temporary Uses; providing an effective date.
ACTION: Endorsed Item D7 to the City Commission
E. CHAIRMAN.S ITEMS~ None
F. DIRECTOR'S ITEMS~ Discussion
1. Rules & Regulations
2. Future Land Use Element/EAR
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~. G. BOARD AND STAFF COMMENTS ~ Discussion
H. ADJOURNMENT -4:30 p.m.
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P & Z ACTION
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02120/96
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
February 20. 1996
Present:
Jay Keyes
Brenda Harris Nixon
Edward Mazur
Robert O. Bickerstaffe
Kemper Merriam
Bernia Baron
Frank Kunnen
Scott Shuford
Leslie Dougall-Sides
Sandy Glatthorn
Gwen Legters
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Central Permitting Director
Assistant City Attorney
Central Permitting Manager
Board Reporter
To provide continuity, items are listed in agenda order although not necessarHy
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.
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A. Minutes Approval -- February 6, 1996
Member Nixon requested language be changed on page 10, next to last paragraph, to
indicate it is possible Tattletales reopened without change of ownership approval.
~! Member Merriam moved to approve the minutes as amended. The motion was duly
seconded and carried unanimously.
B. REQUESTS FOR EXTENSION. DEFERRED AND CONTINUED ITEMS -. None
C. CONDITIONAL USES
C1. Osama 1. Khazendar (Nursery Amoco) to permit package sales only of beer and wine
(new license) at 18698 US 19, See 19-29-16, M&B 41.12, zoned CH (Highway
Commercial). CU 96-09 .
Ms. Glatthorn gave the background of the case and presented written staff
recommendations. She stated the applicant wishes to sell beer and wine at the 24-hour
gas station, previously licensed for beer sales only. Staff recommended approval with
three conditions.
Mr. Khazendar was present to address the Board. In response to a question. he stated
he agreed with recommended staff conditions.
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No one was present to speak in support or opposition to the request.
Member Bickerstaffe moved to approve Item C 1 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) All site Ughting 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; and 3) The
access change on US Highway 19 will require FOOT approval. The applicant's parking and
vehicular plan will be subject to approval by the City Traffic Engineer prior to the issuance
of a building permit. The motion was duly seconded. Members Keyes, Nixon,
Bickerstaffe, Merriam, Baron and Kunnen voted "Aye'l: Member Mazur voted "Nay."
Motion carried.
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW
D1. East side of Landmark Dr., Sec 33-28-16, M&B 22.0111 (City of ClearwaterJRichard
Baier). A 95.29
ZONE: RS.6
Ms. Glatthorn gave the background of the item and presented written staff
recommendations. Staff recommended endorsement, stating the request appears to be
supported by the Land Development Code standards for approval.
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No one was present to speak in support or opposition to the request.
Member Bickerstaffe moved to endorse Item 01 to the City Commission. The motion
was duly seconded and carried unanimously.
02. 2050 Sunnydale Blvd., Clearwater Industrial Park, part of Lot 2 (Tuthill
Corporation/Hansen Plastics Division) A 96-03
ZONE: IL
Ms. Glatthorn gave the background of the item and presented written' staff
recommendations. Staff recommended endorsement, stating the request appears to be
supported by the Land Development Code standards for approval.
No one was present to speak in support or opposition to the request.
Member Bickerstaffe moved to endorse Item 02 to the City Commission. The motion
was duty seconded and carried unanimously.
03. 1501 Stevenson Or., Stevenson's Heights, Blk 0, Lot 5 (James L. Waters, TRE &
Zonald E. Waters). A 96~05
ZONE: RS.8
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..-... Ms. Glatthorn gave the background of the item and presented written staff
recommendations. Staff recommended endorsement, stating the request appears to be
supported by the land Development Code standards for approval.
No one was present to speak in support or opposition to the request.
Member Merriam moved to endorso Item 03 to the City Commission. The motion was
duly seconded and carried unanimously.
04. 1301 Woodbine St., Pine Ridge, Blk C, Lot 9 (James L. Waters, TRE). A 96-08
ZONE: RS-B
Ms. Glatthorn gave the background of the item and presented written staff
recommendations. Staff recommended endorsement, stating the request appears to be
supported by the land Development Code standards for approval.
No one was present to speak in support or opposition to the request.
Member Bickerstaffe moved to endorse Item 04 to the City Commission. The motion
was duly seconded and carried unanimously.
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05. (cant. from 2/6/96) 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 (TOR); providing an
effective date.
Ms. Glatthorn gave the background of the Ordinance and presented written staff
recommendations. It was indicated TOR regulations and approval procedures are being
amended to reflect changes resulting from: 1) the elimination of City Commission receipt
and referral for most site plans and plats; 2) the overall City goal to reduce regulation
complexity; and 3) the focus on reducing urban sprawl and promoting in fill development.
The ordinance simplifies staff revi!3w procedures while leaving with the City Commission
the decision whether or not to grant TOR's. She noted housekeeping changes are needed
in existing TOR language.
Mr. Shuford arrived at 2:30 p.m.
A question was raised regarding how a TDR request could go to the City Commission
in the absence of a certified site plan. Mr. Shuford responded additional modifications to
staff procedure and the TDR ordinance are needed. Brief discussion ensued regarding two
properties for which TDR's occurred. In response to a question, Mr. Shuford was not
aware of a possible third location nBar Julie's restaurant. He said he will check on this.
No one was present to speak in support or opposition to the request.
Member Kunnen moved to endorse Item 05 to the City Commission. The motion was
duly seconded and carried unanimously.
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06. (cant. from 2/6/96) 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.
Mr. Shuford gave the background of the Ordinance and presented written staff
recommendations. He stated it is necessary to clarify the Code regarding property
changes of use to ensure parking and landscaping upgrades conform, regardless of
previously existing nonconformities.
In response to a question, Mr. Shuford stated the new site lighting requirement is
almost ready and agreed to add it to this ordinance.
Clarification was requested regarding repairs in excess of 50 percent of the structure's
appraised value. Mr. Shuford stated this refers to the value of the structure, without
reference to the land. A reference to the appraised value of the improvements was
suggested for clarification. Mr. Shuford concurred, stating he also will add the definition of
appraised value to the ordinance.
No one was present to speak in support or opposition to the request.
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Member Merriam moved to endorse Item 06 to the City Commission. The motion was
duly seconded and carried unanimously.
07. (cant. from 2/6/96) 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 lots
are commercial only and adding a category and establishing requirements for Police
Substation as Temporary Uses; providing an effective date.
Mr. Shuford gave the background of the Ordinance and presented written staff
recommendations. He said an increasing trend in law enforcement is to provide
community based policing. He stated this ordinance will provide a mechanism by which
temporary or permanent police substations csn be established in any City zoning district.
No one was present to speak in support or opposition to the request.
Member Kunnen moved to endorse Item 07 to the City Commission. The motion was
duly seconded and carried unanimously.
E. CHAIRMAN'S ITEMS- None
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F1. Rules & Regulations
This item was considered after Mr. Shuford's departure at 3:40 p.m.
The Board read through the current rules, suggesting changes to numerous sections.
Some of the topics discussed were election of officers. cancellation of meetings.
abstentions, tie votes, reconsiderations, time limits for continuances. and procedure for
receiving public comments. Suggestions were made for editorial changes to punctuation
and grammar. Ms. Dougall-Sides will compile the changes and distribute amended rules
for review and approval at the next meeting.
F2. Future Land Use Element / Evaluation and Appraisal Report (EAR)
Mr. Shuford explained the EAR was prepared in response to a State mandate that
cities update their comprehensive plans every five years. 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. He requested the Planning and Zoning Board review staff's
EAR on the Future Land Use Plan element. He distributed copies of the report. reviewed a
matrix outlining the status of 1989 goals, and the focus of the Future Land Use element
Goals, Objectives and Policies for the next five years.
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Mr. Shuford responded to questions and discussion ensued regarding comparison of
densities in other coastal cities, amendments to zoning district requirements. and
community redevelopment standards.
Discussion of goals continued with regard to mass transit, traffic flow, and traffic
"calming" methods. Traffic calming on Ham Boulevard was offered as an example. While
some members supported traffic calming. others favored more strictly enforced speed
limits for smoother traffic flow. Discussion ensued regarding goals related to the City's
natural resources. and code amendments that more accurately reflect the community's
redevelopment standards.
Mr. Shuford requested the Board to carefully review the material, focusing on changes
to the Future Land Use element. This item is to be agendaed for discussion at the next
meeting.
G. Board and Staff Comments
In response to a Question from Member Nixon, discussion ensued regarding the status
of allowing mini bars in hotel/motels with 50 or more units. Mr. Shuford explained what
was adopted at the February 12 City Commission meeting. He distributed copies of a
February 16 memo clarifying revisions to the alcoholic beverage ordinance. Ms. Nixon
expressed concern converting hotel/motel rooms to other uses will negatively impact
tourism on Clearwater beach by reducing the number of available rooms. Mr. Shuford will
follow up and provide additional information at the next meeting.
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Member Nixon expressed concern with cutting down trees to create parking lots,
replacing the trees with insignificant landscaping. She referenced a specific property on
Garden Avenue where she felt this has occurred. She also requested a comparison of the
City's tree ordinance with those of the surrounding communities. Mr. Shuford said he will
investigate and report back to the Board. He stated he is looking at limiting the maximum
amount of parking a developer may construct.
Mr. Shuford left the meeting at 3:40 P.M. Discussion ensued regarding Item F1.
Ms. Glatthorn provided updates on information requested by the Board at previous
meetings. She stated the reopening of Tattletales on Gulf to Bay Boulevard did not require
change of ownership approval, due to a change of shareholding officers.
Ms. Glatthorn reported landscaping on the Lokey site at South Fort Harrison Avenue at
Lakeview was approved by Environmental Management and a permit was pulled. She said
the applicant reported their site lighting is not in use. The Board questioned if a reduction
in landscaping was approved contrary to the Board's required condition of approval. Ms.
Glatthorn will investigate.
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Regarding 601 South Fort Harrison Avenue, Ms. Glatthorn reported an outfit named
World Housing operates a construction school. She said the observed after hours work
was being done on a mock building; to teach construction techniques to pupils. In
response to a question; she stated trade school use is allowed in that zoning district.
Discussion ensued regarding a memo from Mr. Shuford requesting the Board to report
code violations to Lt. Kronschnabl of the Community Response Team. Several Board
members felt violations of Board imposed conditions of approval should be reported by
Central Permitting staff. They agreed to direct their observation of other violations to Lt.
Kronschnabl. Ms. Dougall-Sides cautioned, if Board members often publicly complain
about the activities of particular applicants, it could compromise the future public hearing
process for those applicants.
H. Adjournment
The meeting adjourned at 4:30 p.m.
Attest:
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