09/10/1996 (2)
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PLANNING & ZONING BOARD MEETING -- ACTION AGENDA
Tuesday, September 10, 1996
Call To Order, Invocation, Pledge of Allegiance
Minutes Approval -- August 20, 1996 -- Approved as submitted
B. Requests for Extension, Deferred and Continued Items
B1. (Request For Time Extension) Peter Gianfilinno/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
ACTION: Approved a time extension for CU 95-69, Peter GianfiliDoo/Hitchcock Mason
Inc. (P.J,'s Auto World) to permit vehicle sales at 1370-76 Cleveland St, Overbrook Sub,
Blk 1, Lots 1-7, 12-20, and vacant alley North of Lots 3 & 4, zoned CG (General
Commercia!), based on the November 25, 1995 site plan revision, subject to conditions 4
through 7 imposed on January 9, 1996, plus the following: 1) The east parking lot shall be
landscaped and paved; 2) The applicant shall have obtained a building permit within 12
months from the date of this public hearing; and 3) The applicant shall obtain a Certificate
of Occupancy within 30 days of completion of the building.
C. Conditional Uses
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C1. The ShoDoes Associated Limited Partnershio/Seaeo LtdfRandall M. Kahn/Jeffrev G.
Brehmer/Andrew R. Duff, TRE (Sand Key Spirits) to permit (1) restaurants, nightclubs,
taverns, and bars, and package sales use occupying over 15% of the gross floor area
of a shopping center; and (2) package sales. of beer, wine, and liquor (new license) at
1261 Gulf Blvd, Radisson Bayside Hotel, Lots 1 & 2, zoned B (Business). CU 96-38
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain the
requisite building permit, certificate of occupancy and occupational license within six
months from the date of this public hearing; and 2) 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-at-way prior to issuance of the requisite
occupational license.
C2. Peter Gianfiliooo/Hitchcock Mason Inc. (P.J.'s Auto Worldl to permit vehicle sales at
1370-76 Cleveland 5t, Overbrook Sub, Blk 1, Lots 1-7.12-20, and vacant alley North
of Lots 3 & 4, zoned CG {General Commercial}. CU 96-39 lWithdrawn- Filed in error)
C3. Luckv louis' Jnc.llouis J. Chaconas (Gulf Coast European) to permit vehicle sales * at
20 5. Myrtle Ave, Gould & Ewing's 2nd Addition, Blk 12. Lots 9 & 10, zoned UC(C}
(Urban Center (Core)). CU 96-40 *(Item should read, service instead of sales.)
ACTlON: Approved Item C3 to permit vehicle service subject to the following conditions:
1) The applicant shall obtain the requisite building permit, certificate of occupancy and
occupational license within six months from the date of this public hearing; 2) All site'
lighting shall be equipped with a 900 cutoff mechanism, with the light being directed
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....,oa, downward and away from adjoining residential properties and street rights-oF-way prior to
j . ' issuance of the requisite occupational license; 3) There shall be no outdoor storage or displays.
and no vehicle advertising or vehicle sales, including auto parts or marine craft of any type; 4}
There shall be no public address systems or use of loud speakers to page personnel or play pre-
recorded music; 5} The property shall be kept clean. orderly, and free of debris on a daily basis;
and 6) The applicant shall comply with the approved activities listed in Section 41.053(34)a
through e of the Clearwater Code of Ordinances. relating to major vehicle repairs.
C4. Dr. Gilbert G. Jannelli to permit *noncommercial parking at 1930 Drew St, Marymont Sub.
Blk 24, Lots 18 & 19, zoned CG (General CommerciaU. CU 9641 * (Item should read
temporary noncommercial parking.)
ACTION: Approved temporary noncommercial parking subject to the following conditions:
1) Temporary parking is limited to one year from the date of this public hearing; 2) The parking
layout shall be designed to meet the requirements of a temporary parking lot, and no interior
landscaping or paving shall be required, except as required to prevent wet or bad spots, as
determined by staff; 3) The temporary parking plan shall be approved by Traffic Engineering
and shall meet requirements for a temporary parking lot; 4) Access to the temporary parking
area shall be from the existing parking lot to the east of the subject property, across the area
proposed for the two southerly parking spaces, and driving on the sidewalk shall not be
allowed; and 5) Minimum standards for perimeter landscaping. as reviewed by staff, shall be
met along Drew Street only for the portion of the subject property being used for temporary
parking.
C5. William C. lambdin/Lambdin Familv Trust/Ri!1ht Way Associates. Inc. (Crest Lake Amoco)
(.~~) to permit package sales of beer and wine (change of business ownership) at 1551 Gulf to
"l""~ Bay Blvd, Boulevard Pines. Blk A, Lots 1, 2 and part of Lot 3. zoned CG (General
Commercial). CU 96-42
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain the
requisite building permit, certificate of occupancy and occupational license within six months
from the date of this public hearing; and 2) 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.
C6. CountrYside Christian Center to permit noncommercial parking at 1850 McMullen Booth
Rd. Sec 04-29-16, M&B 33.03, zoned OL (Limited Office). CU 96-43 (Pulled)
D. Annexation, Zoning; land Use Plan Amendment, Land Development Code Text
Amendment, and local Planning Agency Review
01. 1751 Ragland Ave, Clearwater Manor, Lot 73 (Kenneth SchillingfTerence A. & Kelli J.
Suiters) A 96-25 Zone: RS 8 (Single Family Residential)
ACTION: Endorsed Item 01 to the City Commission.
02. 23106 US 19 North; Loehmann's Plaza. Lot 1, Loehmann's Plaza Replat, Lots 1-3 (Wal-
Mart Stores, Inc/Wendy's International, Inc/Taheri Family Trust/Kinko's of Georgia,
InclBrandon Nu-West Clearwater, Ltd) Z 96-09
ACTION: Continued Item 02 to October 1, 1996 for more information from applicant.
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03. 1331 Cleveland St, Brookwood Terrace Revised, Blk 6, Lots 3 thru 8, part of Lots 1 &
2, 9 thru 13 and N % vacated street. (Jami AL Salam Inc.) Z96.1 0; LUP 96-05
ACTION: Continued Item 03 to October 1, 1996 for the applicant to be present.
04. Ordinance 6075.96 of the City of Clearwater, Florida, relating to the Land
Development Code; amending Section 36.033(2)(a), Code of Ordinances, to revise the
standards for membership on the Planning and Zoning Board; amending Section
36.035(2)(a), Code of Ordinances, to revise the standards for membership on the
Development Code Adjustment Board: providing an effective date.
ACTION: Endorsed Item 04 to the City Commission
Board and Staff Comments -- Discussion
1. PlanninQ and Zoning Board Annual Reoort to the City Commission
2. Preservation 2000 .. Tom Miller, Assitant Director of Engineering/Environmental
Adjournment -- 4:34 p.m.
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PLANNING AND ZONlNG BOARD
CITY OF CLEARWATER
September 10, 1996
Present:
Jay Keyes
Brenda Harris Nixon
Edward Mazur
Kemper Merriam
Robert D. Bickerstaffe
Bernie Baron
Frank Kunnen
Leslie DougallASides
Lou Hilton
Gwen Legters
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Assistant City Attorney
Senior Planner
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.
Minutes Approval -- August 20, 1996
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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
81. (Request For Time Extension) Peter Gianfiliopo/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
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Mr. Hilton presented written background information, stating this applicant received
conditional use approval on June 13, 1995. That approval expired because the applicant did
not obtain a building permit within the required time. A new application with a scaled-down
plan was submitted, and approved by the board on January 9, 1996, subject to seven
conditions. While meeting with the business owner and his representative, staff determined
the applicant had confused the six month conditional use expiration date with the one year site
plan revision date imposed by the DRe (Development Review Committee.) The applicant has
demonstrated g::Jod faith efforts to comply with board conditions and finalize his site plan.
Staff felt conditions support approval of a time extension. and recommended approval subject
to conditions 4 through 7 as imposed January 9, 1996, plus three conditions requiring and
setting time limits for paving and landscaping the parking loti obtaining the building permit and
acquiring a Certificate of Occupancy. As complete ORe site plan review and approval are
required, more lenient time limits were recommended.
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Charles Perry, attorney representing the applicant, requested amendment of one of the
recommended conditions, stating it may be necessary to raze one of the buildings and it is
taking more time to obtain ORe approval of the new site plan.
Gilbert Jannelli, owner of two neighboring properties, spoke in support of the
application. He pointed out the City allowed a soup kitchen to go in, and stated help is
needed to get new businesses in the area. He hoped the board would support the time
extension.
Member Bickerstaffe moved to approve a time extension for Item B 1, stating if time
restraints beyond their control should take place, the City would work with the applicants
regarding the time frames. Discussion ensued regarding clarification of staft's
recommended conditions amending the time limits. The motion was seconded for
discussion.
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One member was not comfortable with placing on staff the burden of interpreting
conditions. He felt a time certain should be imposed, with a provision to approve an
additional time extension, if necessary. Member Bickerstaffe disagreed, stating the code
needs more flexibility to allow staff to work with developers. . Mr. Hilton reiterated staff
has met with the applicants, who are comfortable with the time limits suggested in staff's
recommended conditions #1 through #3. One member felt enforceable time limits are
necessary, because not all applicants follow through in good faith, and suggested
amendments to staff's recommended conditions. The second was lifted to allow addition
of the amended conditions to the motion. Member Bickerstaffe did not agree to add the
conditions and withdrew the motion.
Member Nixon moved to approve a time extension for Item B 1, CU 95.69,
Peter GianfiliDDo/Hitchcock Mason Inc. (P.J.'s Auto World) to permit vehicle sales at
1370-76 Cleveland St, Overbrook Sub, Blk 1, Lots 1~7, 12-20, and vacant alley North of
Lots 3 & 4, zoned CG (General Commercia!), based on the November 25, 1995 site plan
revision, subject to conditions 4 through 7 imposed on January 9, 1996, plus the following:
1) The east parking lot shall be landscaped and paved; 2) The applicant shall have obtained
a building permit within 1 2 months from the date of this public hearing; and 3) The
applicant shall obtain a Certificate of Occupancy within 30 days of completion of the
building. The motion was duly seconded and carried unanimously.
C. Conditional Uses
C1. Th~ ShoDDes Associated limited Partnership/Seaco ltd/Randall M. Kahn/Jeffrev G.
Brehmer/Andrew R. Duff. TRE (Sand Key Spirits) to permit (1) restaurants, nightclubs,
taverns, and bars. and package sales use occupying over 1 5 % of the gross floor area
of a shopping center; and (2) package sales of beer, wine, and liquor (new license) at
1261 Gulf Blvd, Radisson Bayside Hotel, Lots 1 & 2, zoned B (Businessl. CU 96-38
Mr. Hilton presented written background information, stating staff felt conditions support
the request and recommended approval with two conditions.
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Julie Fine; with the Ross Realty Group, presented the request on behalf of the
applicants. She stated they wish to open a small package liquor store in one end of an
existing shopping center, to sell fine wine and liquor. She stated no on premise
consumption will occur and no beer will be sold. She noted the proposal fulfills a request
from the residents for fine wines. No complaints are on record from a previous liquor store
at this location. No verbal or written support or opposition was expressed.
Member Kunnen moved to approve Item C 1 to permit restaurants, nightclubs, taverns,
and bars. and package sales use occupying over 15% of the gross floor area of a shopping
center; and package sales of beer, wine, and liquor (new license) at 1261 Gulf Blvd,
subject to the following conditions: 1) The applicant shall obtain the requisite building
permit, certificate of occupancy and occupational license within six months from the date
of this public hearing; and 2) 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. Peter Gianfillopo/Hitchcock Mason Inc. (P.J.'s Auto World) to permit vehicle sales at
1370-76 Cleveland St. Overbrook Sub, Blk 1. Lots 1-7, 12-20, and vacant alley North
of Lots 3 & 4, zoned CG (General Commercial). CU 96-39 (Withdrawn-filed in error)
This item withdrawn when it was discovered the applicant was not making a new
application, but requesting a time extension as indicated in Item B 1. above.
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C3. Luckv Louis' Inc./Louis J. Chaconas (Gulf Coast European) to permit vehicle sales * at
20 S. Myrtle Ave. Gould & Ewing's 2nd Addition, Blk 12, Lots 9 & 10. zoned UC{C)
(Urban Center (Core)). CU 96-40 *(Item should read, service instead of sales.)
Mr. Hi/ton presented written background information, stating the building was
constructed to be used for vehicle service, but the previous owners failed to renew the
required occupation license. The subject business has had an active occupational license
for several years. Staff felt conditions support the request and recommended approval
with five conditions.
Louis Chaconas, the owner/applicant, verified he is asking for vehicle service, not
sales. He stated he supports staff recommendations and outlined the attempts of the
previous owner to obtain an occupational license. He specializes in repairs of Mercedes
and European cars. All work will be done indoors, and nothing will be stored outside. In
response to a question, he said no fender or body work will be done.
In response to questions about the type of work allowed at this location. Ms. Dougall~
Sides stated five paragraphs under Code Section 41.063(34) detail the types of vehicle
service that may be performed related to engine or transmission repairs. She paraphrased
them for the benefit of the applicants. Mr. Chaconas verified he intends to conform with
code. Consensus was to add a condition requiring compliance with the referenced code
section.
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Peter Hagen, Vice President and business partner, verified they do bumper to bumper
general repairs including engine and transmission work. They will do no painting or body
work. He is aware of, and will comply with State EPA requirements for disposal of waste
materials. He agreed to follow the code for general auto repairs. His is a very clean
operation on a quick turnaround. Everything is stored inside then the shop closes at 5:30
p.m., including any cars left overnight. All repair persons are master licensed technicians.
Member Bickerstaffe moved to approve Item C3 to permit vehicle service subject to the
following conditions: 1} The applicant shall obtain the requisite building permit, certificate
of occupancy and occupational license within six months from the date of this public
hearing; 2) 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; 3) There shall be no outdoor
storage ar displays, and no vehicle advertising or vehicle sales, including auto parts or
marine craft of any, type; 4) There shall be no public address systems or use of loud
speakers to page personnel or play pre-recorded music; 5) The property shall be kept
clean, orderly, and free of debris on a daily basis; and 6) The applicant shall comply with
the approved activities listed in Section 41.053(34)(a through e) of the Clearwater Code of
Ordinances, relating to major vehicle repairs. The motion was duly seconded and carried
unanimously.
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C4. Dr. Gilbert G. Jannelli to permit noncommercial parking at 1930 Drew St., Marymont
Sub, Blk 24, Lots 18 & 19, zoned CG (General Commercial). CU 96-41 "'(Item should
read temporary noncommercial parking.)
Mr. Hilton presented written background information, stating the applicant is requesting
approval of noncommercial parking on a portion of a vacant lot, to meet the overflow parking
needs of the surrounding community. As the temporary parking provision was removed from
the code at the direction of the City Commission, and the proposal does not meet minimum
standards for a noncommercial parking lot, staff cannot support approval of the application as
submitted.
It was indicated the subject property has been used as an unpaved, unimproved parking lot
for at least six months. On July 24, 1996, the Municipal Code Enforcement Board ordered
compliance with code, in response to a complaint. It was indicated Dr. Jannelli does not desire
to pave or improve the site because of uncertainty regarding the proposed Drew Street
widening. Ms. Glatthorn stated he is asking for a conditional use with a one year trial period.
At the end of the trial period, he would have the choice of abandoning the use, or improving
the parking lot to meet minimum standards. She stressed the code does not allow a temporary
parking use, but the board may choose to approve a conditional use with time restrictions.
Discussion ensued regarding landscaping and paving requirements, and code language
regarding temporary parking.
Gilbert Jannelli, the owner/applicant, explained his desire to help the tenants of the
neighboring property by allowing them to use 20 percent of his vacant lot. He explained a
church office, an accounting business and a mobile X-ray facility would be using the parking.
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He believed the mobile X-ray business will be moving in about a year. He asked for a
conditional use permit, with a review after one year to see what is baing dona with Drew
Street. While he wants the highest and best use for the property, he said it is not
financially feasible to develop something that might have to be removed soon. He did not
feel he was violating the code, because the code does not allow for temporary uses. He
stated he met with staff yesterday and an acceptable compromise has been proposed.
While the majority supported the request and agreed with the applicants reluctance to
develop. several felt it necessary to compromise by landscaping along the street frontage,
regardless of the property's use. Discussion ensued with regard to planting perimeter
landscaping behind the street right-ot-way line, or planting minimal landscaping materials
with a view toward moving the shrubbery back, as necessary, in the future. Dr. Jannelli
reiterated the economics and reasoning for his reluctance, noting the surrounding
businesses will suffer for months as a result of the potential widening. He indicated it is
difficult to sell, develop, or use property with such an uncertain future. It was indicated
code language is confusing to applicant and staff alike. Discussion ensued regarding
remaining code provisions for temporary noncommercial parking uses.
A question was raised regarding whether the Central Permitting or Engineering
Departments have the authority to waive the paving requirement. Mr. Hilton summarized
the issue by stating the City requires paved drive aisles and landscaping to code. The
subject lot does not meet safety or DOT standards, and the applicant does not want to
make any of the required improvements with no associated building nearby. With no
temporary parking provision in the code, staff has no mechanism for approval. The
I ""') decision whether or not to approve a temporary conditional use remains with the board.
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Discussion ensued regarding potential landscaping and alternative paving materials,
and timing of the five year plan for widening Drew Street in relation to the subject
property's location. Dr. Jannelli indicated the original widening date was postponed
because of lack of funding. He has not been notified of the new date, but indicated it
could be very soon, if funding is acquired. Mr. Hilton affirmed property acquisition is
underway for the projl:lct.
Discussion ensued regarding sidewalk access, lease arrangements with the users of
the parking area, and proposed configuration, traffic flow, and types of vehicles involved.
In response to a question, Dr. Jannelli was unwilling to pave the one drive aisle because
only 20 percent of the property is being used for the parking use. He said a maintenance
person has been caring for the property and indicated the grass is thriving. He indicated it
was in his own best interest to ensue no dust or wet spots occur because of the potential
impact that would have on his adjacent property.
One member expressed concern with setting a precedent that could have undesirable
long term effects. Assistant City Attorney Leslie Dougall-Sides was asked for clarification
of the issue. She stated the code provides for noncommercial parking in this zone, with a
two-step process for getting conditional use approval. She said the code contains
provision for grass parking, but the application got bogged down in access and landscaping
requirements. She reiterated a conditional use is authorized under the current zoning code.
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No verbal or written support or opposition was expressed.
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A question was raised regarding why five months elapsed before the Municipal Code
Enforcement Board ordered compliance. Ms. Dougall-Sides stated the City had requested
three continuances because Dr. Jannelli was in negotiations with staff.
Dr. Jannelli observed this issue could have been resolved the first day if he could have
gotten together with staff sooner. He expressed concern these types of issues need to be
addressed in a more timely manner. One member requested clarification of whether approval
could set an undesirable precedent. Ms. Dougall-Sides stated the possibility exists for other
applicants to be in a similar situation, but she was not aware of many to whom this situation
could apply.
One member requested clarification of staff's recommendation. Mr. Hilton indicated. in
order for this request to go forward, a parking plan must be approved by the Traffic Engineering
Department, conditional use approval is required. and conditions regarding a deadline.
landscaping, buffering or screening should be addressed. While the written recommendation
had been to deny the request. staff wished to work with the community. He felt an acceptable
compromise has been proposed and should be considered by the board. Ms. Glatthorn
affirmed, according to the noncommercial section of supplemental code regulations for
conditional uses, the Planning and Zoning Board may approve a request that does not
necessarily meet the standards for approvaL If the board approves the proposed use for
temporary parking, staff recommended a one year deadline.
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Member Bickerstaffe moved to approve Item C4 for temporary noncommercial parking
subject to the following conditions: 1) Temporary parking is limited to one year from the
date of this public hearing; 2) The parking layout shall be designed to meet the
requirements of a temporary parking lot. and no interior landscaping or paving shall be
required, except as required to prevent wet or bad spots. as determined by staff; 3) The
temporary parking plan shall be approved by Traffic Engineering and shall meet
requirements for a temporary parking lot; and 4} Access to the temporary parking area
shall be from the existing parking lot to the east of the subject property, across the area
proposed for the two southerly parking spaces, and driving on the sidewalk shall not be
allowed. The motion was duly seconded.
Discussion ensued regarding whether or not to pave the drive aisles for safety of
ingress and egress. and whether to require exterior landscaping, due to the temporary
nature of the proposal. Several concerns were expressed this approval could open the
door for other property owners to avoid installing required perimeter landscaping. It was
felt the small amount of landscaping being requested was a nominal expense, regardless of
the property owner's future decision. The second was withdrawn to enable adding a
condition requiring compliance with minimum exterior landscaping standards. Certain
members did not support a landscaping condition, as it was not known how the Drew
Street widening will affect the street frontage of the subject property. Staff was
requested to investigate how many feet of the right-of-way will be lost to road widening,
and to estimate the approximate street setback necessary to allow the vegetation to
remain aftar road construction. Member Bickerstaffe withdrew the motion.
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Member Bickerstaffe moved to approve Item C5 subject to the following conditions:
1) The applicant shall obtain the requisite building permit, certificate of occupancy and
occupational license within six months from the date of this public hearing; and 2) 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. Members
Keyes, Nixon, Bickerstaffe, Merriam, and Kunnen voted "Aye"; Members Mazur and Baron
voted "Nay." Motion carried.
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Member Kunnen moved to approve Item C4 as moved by Member Bickerstaffe above,
adding a condition as follows: 1t5) Minimum standards for perimeter landscaping, as
reviewed by staff, shall be met along Drew Street only for the portion of the subject
property being used for temporary parking. The motion was duly seconded. Members
Keyes, Nixon, Mazur, Bickerstaffe, and Kunnen voted "Ayell; Members Merriam and Baron
voted "Nay." Motion carried.
C5. William C. Lambdin/Lambdin Familv Trust/Right Way Associates. Inc. tCrest Lake
Amoco) to permit package sales of beer and wine (change of business ownership) at
1551 Gulf to Bay Blvd, Boulevard Pines. Blk A, Lots 1, 2 and part of Lot 3, zoned CG
(General Commercial). CU 96-42
Mr. Hilton presented written background information, stating the request appears
appropriate for the property and should not negatively impact surrounding properties. Staff felt
conditions support the request and recommended approval with two conditions.
Nashaat M. Al-Qouqa, authorized representative, appeared to speak on behalf of the
applicants. He verified he is requesting a transfer of ownership of a 2-APS license. No
verbal or written support or opposition was expressed.
e6. G9untrvside Christian Center to permit noncommercial parking at 1850 McMullen Booth
Rd, See 04-29-16, M&B 33.03, zoned OL (Limited Office). CU 9643 (Withdrawn)
D. Annexation, Zoning, land Use Plan Amendment, Land Development Code Text
Amendment. and Local Planning Agency Review
01. 1751 Ragland Ave, Clearwater Manor, Lot 73 (Kenneth Schilling/Terence A. & Kelli J.
Suiters) A 96-25 Zone: RS 8 (Single Family Residential)
Mr. Hilton presented written background information, stating staff recommends
endorsement of annexation to obtain City sewer service.
Member Mazur moved to endorse Item 01 to the City Commission. The motion was duly
seconded and carried unanimously.
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02. 23106 US 19 North, Loehmann's Plaza, Lot 1, Loehmann's Plaza Replat, Lots 1-3
(Wal-Mart Stores, Ine/Wendy's International, Inc/Taheri Family Trust/Kinko's of
Georgia, Ine/Brandon Nu-West Clearwater, Ltd) Z 96-09
In a latter dated September 9, 1996. attorney E.D. Armstrong, III requested a continuance
on behalf of the applicants, to allow time to address the issues raised by staff in its revised
board recommendation. Mr. Hilton stated staff needs to ensure concurrency requirements are
met. One member pointed out the traffic study should have been done before it was brought
to this board. Brief discussion ensued regarding the road's rating, concurrency requirements,
and trip generation. Ms. Glatthorn stated staff was recommending denial because they did not
have necessary information to complete processing this request. It was indicated Engineering
Director Rich Baier will attend the next meeting to provide clarification.
Member Bickerstaffe moved to continue Item D2 to the meeting of October 1, 1996. The
motion was duly seconded and carried unanimously.
03. 1331 Cleveland St, Brookwood Terrace Revised, Blk 6, Lots 3 thru 8, part of Lots 1 &
2, 9 thru 13 and N Y2 vacated street. (Jami AL Salam Inc.) 296-10; LUP 96-05
Mr. Hilton presented written background information, stating staff recommends
endorsement of rezoning to permit a place of worship/school on the subject property, in a zone
where such application is neither a permitted nor conditional use.
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The applicant was not present and a Question was raised whether the rules require the
applicant to be present because the subject property is not a single family lot. Consensus was
to continue this item until the next meeting and ask the applicant to attend.
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Member Kunnen moved to continue Item D3 to the meeting of October 1, 1996. The
motion was duly seconded and carried unanimously.
04. Ordinance 6075-96 of the City of Clearwater, Florida, relating to the Land
Development Code; amending Section 36.033(2)(a), Code of Ordinances, to revise the
standards for membership on the Planning and Zoning Board; amending Section
36.035(2)(a), Code of Qrdinances, to revise the standards for membership on the
Development Code Adjustment Board; providing an effective date.
Mr. Hilton presented written background information of an amendment that will allow
for timely appointment of members to fill vacant seats, when none of the volunteers
strictly meets the code qualifications for a board member. Staff recommended
endorsement.
A question was raised regarding how the language indicating board members serve at
the pleasure of the City Commission relates to the appointed terms of office. Ms. Dougal/-
Sides stated the amendment refers to the City Commission's ultimate authority to appoint
and remove members, but does not suggest they would do so other than in accordance
with the general standards for removal of a member for cause.
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Member Kunnen moved to endorse Item D4 to the City Commission. The motion was
duly seconded and carried unanimously.
Board and Staff Comments
1 . Planning and Zoning Board Annual ReDort to the City Commission
Ms. Glatthorn submitted copies of the report as amended with members' comments
from the last meeting. Ms. Nixon clarified her intent at the last meeting was to delete the
reference to how much driving time members spend on board business, in favor of the
more quantifiable amount of time spent in meetings. Discussion ensued regarding future
board goals.
Member Kunnen suggested working with the Clearwater Police Department on ways
to reduce underage drinking; looking at where minors are allowed to be within alcoholic
beverage establishments; and increasing penalties for underage drinking. Member Nixon
wished to actively pursue two suggestions from the previous meeting: 1) requiring
alcoholic beverage establishments to pay for private security instead of depending so
heavily on city police resources; and 2) raising the fine for public nudity to an amount that
would not be considered a small cost of doing business in alcoholic beverage
establishments. Member Keyes wished make license revocation procedures clearer for the
police.
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Further discussion of board goals was held in abeyance until after presentation of the
Preservation 2000 report, below. When discussion resumed, Ms. Glatthorn responded to
Member Nixon's question regarding the number of conditional use cases heard by the
board, stating the total will be adjusted in the final report to reflect the correct numbers at
the end of September. Member Nixon restated her desire to set a limit on the number of
times police are called to an alcoholic beverage establishment, and to impose a penalty for
exceeding that limit. She felt it is critical to alleviate the high numbers of police officers
that are required to be at alcoholic beverage establishments. Member Keyes was reluctant
to impose such restrictions, indicating he did not want the owners of alcoholic beverage
establishment to fear calling the police when needed. Ms. Glatthorn respectfully
suggested the board members confine their goals to land uses. Ms. Nixon felt the policing
issue should be pursued, as it directly affects the Planning and Zoning Board and puts an
undue strain on public resources. She stated she will fight for this on her own if board
consensus can not be obtained. Ms. Glatthorn responded staff will meet with police and
others to attempt to determine how this issue can bo addressed.
Member Mazur requested coming up with a way to prohibit alcoholic beverage and
gasoline sales at the same establishment.
Member Bickerstaffe requested more business friendly and residentially friendly codes,
stating Clearwater's development codes need to be more flexible and responsive. He felt
staff should be given more leeway to work out special situations with prospective builders.
Member Nixon did not agree, stating such a arrangement would negate the reason for
having the Planning and Zoning Board. Ms. Glatthorn confirmed developers and property
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owners have expressed concern with confusion in the code, so staff has started to work
on more simplistic approaches to create a more customer friendly code. One example was
to altow panel changes in existing signs.
Member Keyes requested for staff and the eRA to involve the Planning and Zoning
Board In Clearwater beach redevelopment plans. Member Bickerstaffe indicated he had
problems with certain aspects of that issue.
In the absence of consensus or clear direction regarding the board's future goals,
Ms. Glatthorn stated she would attempt to put something In writing In time for the next
meeting. Further board and staff discussion follows the Preservation 2000 report, below.
2. Preservation 2000 -- Tom Miller. Assistant Director of Engineering/Environmental
Mr. Miller stated he was invited to give the board an overview of the program. He
outlined the application process and funding requirements for this program designed to
assist local governments in acquiring land to do projects consistent with growth
management and local comprehensive planning processes. One requirement is funding
must be used for innovative programs having to do with conservation of natural lands,
habitat, and high economic value type projects. The programs requires a local sponsor
50/50 match, depending on population. Coastal protection, wildlife habitat, and corridors
are examples of projects that might be done through the program. He cited Camp Soule as
an example of a Preservation 2000 program.
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In response to questions, Mr. Miller stated the site of the former Bayview Trailer park
is on the Environmental Advisory Board's list of environmentally sensitive parcels. While
no money has been budgeted for matching funds, he felt the parcel was a good candidate
for acquisition under this program, as it offers tremendous environmental benefits,
especially if combined with other City-owned properties near the 49th Street Bridge.
Other properties for which environmentally beneficial projects are being considered, include
land in the vicinity of the proposed downtown lake, Alligator Creek watershed, flood-prone
lands in certain mobile home parks, and a small vacant parcel off US 1 9 behind Park Place
that offers a good potential for stormwater enhancement before the water reaches Tampa
Bay. Mr. Milter indicated the City is looking at revising the rata structure of the
stormwater utility fee, because it has not resulted in enough revenue to deal with land
acquisition for stormwater treatment.
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In response to questions regarding the City's obligation regarding developments built
on floodlands, Mr. Miller said the City discourages development in areas that are subject to
periodic flooding. He indicated the strong focus on land acquisition issues during the next
five to ten years, is intended to improve water quality into Tampa Bay, not to solve
flooding problems. The City is moving toward a regional retention concept to create more
effective and efficient operation and maintenance of stormwater retention facilities. A
question was raised whether Preservation 2000 funds could be used to improve conditions
in the lower portion of Stevenson's Creek. Mr. Miller felt this idea had merit, and will
investigate as part of the Stevenson's Creek watershed plan requested by the City
Commission for the next budget year. He spoke briefly about a green belt plan under
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consideration, where practical, to ease the problems caused by deteriorating bridge
overpasses and having nearly 50% of the lower region filled for development. In response
to a question, he briofly explained various stormwater retention methods designed to
protect people and wildlife from the hazards of open ponds. Board members thanked
Mr. Miller for an informative discussion.
Other Comments
Member Nixon questioned whether a time extension request had been processed for
the Clearwater Free Clinic. Ms. Glatthorn said staff had received the request for a time
extension prior to expiration of the conditional use.
Member Mazur expressed concern with the amount of time spent discussing Item C4
today. He recommended a clear, written recommendation from staff on each issue. to
reduce the amount of time the board must discuss each item. Ms. Glatthorn clarified
staff's written recommendation for denial did not change. While wishing to accommodate
the .applicant's request, staff was compelled to recommend denial as the application did
not meet the standards for approval, nor the supplemental standards for a noncommercial
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parking lot. Rather than reject the request outright, staff referred the item to the Planning
and Zonilig Board to see if a way could be found to accommodate the request.
Adjournment.
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The meeting adjourned at 4:34 p.m.
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