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PLANNING & ZONING BOARD MEETING ~~ ACTION AGENDA
Tuesday. October 1, 1996
Calt To Order, Invocation, Pledge of Allegiance
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Minutes Approval -- September 10, 1996 .. Continued to October 15, 1996
B. Requests for Extension. Deferred and Continued Items
B 1. (Request For Time Extension) Clearwater Free Clinic to permit non-commercial parking
at 707 N. Ft Harrison Ave., J.H. Rouse Sub, Blk 1, Lots 1, 2, 7 & 8, zoned eN
(Neighborhood Commercial) & RM 8 (Residential Multi Family). CU 95~58
ACTION: Approved a one year time extension to October 1 7, 1997
C. Conditional Uses
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C1. Griffin International. Inc. (Pet Safari) to permit a Veterinary office at 1575 S Highland Ave,
Sec 23-29.15 M&B 34.031, zoned CC (Commercial Center). CU 9644
ACTION: Approved subject to the following conditions: 1} The applicant shall obtain
the requisite 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; and 3) There shall be no outdoor
cages, runs or other outdoor facilities for animals associated with the business.
C2. Bav Bazaar PartnershiofWiUiam Kebort (Kitchen Table Oeli) to permit (1) package sales
of beer and wine (new license); and (2) restaurants, nightclubs, taverns and bars, and
package sales occupying over 10% of the gross floor area of a retail complex at
771 Bayway Blvd, Bayside Shores, Blk C, Lots 1-10, zoned CB (Beach Commercial).
CU 96-45
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; 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; and 3) The business shall be limited to a maximum of 80 square feet
of floor area to be used for alcoholic beverage sales ~ package sales only.
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C3. Blair G. Mills. Inc. (Colortech Plus, Inc.) to permit 1) vehicle service; and (2) vehicle
sales at 205 S Belcher Rd, Sec 18-29~16, M&B 23.05, zoned CG (General
Commercial). CU 96-47
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: 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 or service, and no inoperable vehicles shall be stored on
the site for longer than 24 hours; 4) There shall be no maior repairs involving transmission
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dismantling, painting, fender or body work (minor painting is allowed); 5) The site shall meet all
Sanitation Division requirements, and the applicant shall maintain the property in a litter free
condition; and 6) The hours of operation shall be limited to 7:30 a.m. to 6:00 p.m.
C4. The Home Denot USA, Inc. To permit outdoor retail sales, displays and/or storage at
21870 US 19, The Clearwater Collection, 2nd Raplat, part of Lot 1, zoned CPO
(Commercial Planned Development). CU 96-48
ACTION: Continued to the meeting of November 5, 1996
C5. Stout Investments. Inc. (Rope Development) to permit indoor storage and/or
warehousing; mini storage at 1505 S Ft Harrison Ave, Sec 21-29015, M&B 44.07,
zoned CG (General Commercial). CU 96-49
ACTION: Approved subject to the following conditions: 1) The applicrlnt shall obtain
the requisite building permit, certificate of occupancy and occupational license within one
year 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) Drawings shall be submitted to the DRC at time of site plan review
to clearly demonstrate that the appearance of the proposed buildings will be similar in
appearance and consistent with the Fairwinds development; 4) All doors shall be oriented
so as to be least visible from public rights.of-way and surrounding properties; 51 Access for
the development shall be restricted to one access point on Fort Harrison Avenue and one
on Woodlawn Street, subject to the approval of the City's Traffic Engineer; and
6) Additional landscaping shall be provided along the east and north sides of the site to
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l,,,...i buffer nearby residential; landscaping shall include 2-inch minimum caliber trees.
C6. Davton Andrews. Inc. To permit vehicle service (expansion of existing facilities) at
2388 Gulf to Bay Blvd, Gulf to Bay Estates, Lots 594-597 and See 18-29.16, M&B
24.06, zoned CG (General Commercial). CU 96-51
ACTION: Continued to the meeting of November 5, 1996
D. Annexation, Zoning, Land Use Plan Amendment, land Development Code Text
Amendment. and Local Planning Agency Review
01. Request for Annexation and Zoning Atlas Amendment of the City of Clearwater for
property adjacent to the City Countryside Community Recreation Park, See 29.28-16,
part of M&B 22.02 {Florida Power Corp.} A 96-26 Zone: P/SP (Public/SemiPublic)
ACTION: Endorsed to the City Commission
02. (cont. from 9/10/96) Request to consider an amendment to the Wal-Mart Commercial
Planned Development zone (CPO) to increase nonresidential development intensity by
allowing the construction of a Wendy's Restaurant along the US 19 frontage between the
Kinko's and Jiffy Lube outparcels. 23106 US 19 N, Loehmann's Plaza, Lot 1, Loehmann's
Plaza Replat, Lots 1-3. (Wal.Mart Stores, IncfWendy's International, Inc./Taheri Family
Trust/Kinko's of Georgia, Inc.fBrandon NU-West Clearwater. Ltdl Z 96-09
ZONE: CPO (Commercial Planned Development)
ACTION: Continued to the meeting of October 15, 1996, at staWs request
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~ 03. (cant. from 9/10/96) Request for Land use Plan and Zoning Atlas amendments of the
", P City of Clearwater for property located at 1331 Cleveland Street, Terrace Revised, Blk
6, Lots 3 thru 8, part of Lots 1 & 2, 9 thru 13 and N 11/2 vacated street. (Jaml AI
Salam Inc.) Z 96~1 0; LUP 96-05
LUP: From Commercial General to Institutional;
ZONE: From CG (General Commercial) to P/SP (Public/SemiPublic)
ACTION: Continued to the meeting of October 15, 1996, for applicant to be present (The
item wilt be continued to November 5, 1996 for readvertising.)
04. Request for a Zoning Atlas Amendment of the City of Clearwater for property located
at Hercules Avenue at Sunset Point Rd, Sunset Oaks, Lot 2 and the south 160 ft of
Lot 1; Pine lias Groves SW, part of Lot 1; See 01-29.15, M&B 13.03. (City initiated I
Markos & Maria Poniros/Amoco Oil Co./McDonalds Corp.) Z 96-11
ZONE: From CN (Neighborhood Commercial) to CG (General Commercial)
ACTION: Endorsed to the City Commission
05. Ordinance 6091 ~96, relating to the Land Development Code; creating Section 42.36,
Code of Ordinances, to establish site lighting restrictions for residential and
nonresidential properties; providing an effective date.
ACTION: Continued to the meeting of October 15, 1996 for illustration and definitions
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06. Ordinance 6092-96, relating to the Land Development Code; amending Section
40.544 establishing funeral homes as a Conditional Use in the Public/SemiPublic
Zoning District; amending Section 41.053, Code of Ordinances, to establish
supplementary Conditional Use permit standards for funeral homes in the
Public/SemiPublic District; providing an effective date.
ACTION: 'Endorsed to the City Commission as amended in Section 49.544, changing
IIpermitted" to "allowed"
Board and Staff Comments -- Discussion
Adjournment -.4:30 p.m.
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
October 1. 1996
Present:
Jay Keyes
Brenda Harris Nixon
Edward Mazur
Kemper Merriam
Robert D. Bickerstaffe
Bernie Baron
Frank Kunnen
Sandra Glatthorn
Leslie Dougall-Sides
Etim Udoh
Gwen Legters
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Central Permitting Manager
Assistant City Attorney
Associate 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.
..;.\iJi.\: Minutes Approval -- September 10, 1996
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Member Nixon moved to continue this item to allow time for members to review the
minutes before the next meeting. The motion was duly seconded and carried unanimously.
B. Requests for Extension, Deferred and Continued Items
B 1. (Request For Time Extension) Clearwater Free Clinic to permit non-commercial parking
at 707 N. Ft Harrison Ave, J.H. Rouse Sub, Blk 1, Lots 1, 2, 7 & 8, zoned CN
(Neighborhood Commercia\) & RM 8 (Residential Multi Family). CU 95-58
Ms. Glatthorn stated this item was approved with six conditions on October 17, 1995.
Completion has been prolonged by delays in obtaining the DOT permit to close the
driveway on South Fort Harrison Avenue. Staff recommended approval of a one year time
extension.
Member Nixon declared a conflict of interest regarding this case. No verbal or
written support or opposition was expressed.
Member Baron moved to approve a time extension to October 17, 1997. The motion
was duly seconded. Members Keyes, Mazur, Bickerstaffe, Merriam, Baron and Kunnen
voted "Aye"; Member Nixon abstained. Motion carried.
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c,. Griffin International. Inc. (Pet Safari) to permit a Veterinary office at 1575 S Highland Ave,
Sec 23-29-1 5 M&B 34.031, zoned CC (Commercial Center]. CU 9644
Ms. Glatthorn presented written background information, stating the applicant proposes to
provide low cost pet vaccinations in compliance with State regulations. Staff felt conditions
support the request and recommended approval with three conditions.
John Clark Cannon, representing Pet Vaccine Services, stated he wishes to conduct
two~hour clinics every 28 days, to inoculate dogs and cats, as an ancillary service in the
existing Pet Safari. The activity wlll be conducted completely inside the store and is to be
advertised by flyers, TV and radio. He requested and received clarification of the standard site
lighting condition, stating the clinics would be held during daytime hours.
In response to a question, he stated dog grooming and related activities indicated on the
floor plan are existing services offered by Pet Safari. His service is limited to inoculations as
permitted by the Board of Veterinary Medicine, and inspected by the Department of Business
and Professional Regulation. No verbal or written support or opposition was expressed.
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Member Baron moved to approve Item C1, CU 96-44, 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 lighting on the site shall be equipped
with a 90 degree cutoff mechanism, with the light baing directed downward and away
from adjoining residential properties and street rights-of-way prior to issuance of the
requisite occupational license; and 3) There shall be no outdoor cages, runs or other
outdoor facilities for animals associated with the business. The motion was duly seconded
and carried unanimously.
C2. Bav Bazaar Partnership/William Kebort (Kitchen Table Deli) to permit (1) package sales
of beer and wine (new license); and (2) restaurants, nightclubs, taverns and bars, and
package sales occupying over 10% of ttle gross floor area of a retail complex at
771 Bayway Blvd, Bayside Shores, BI k C, Lots 1-10. zoned C8 (Beach Commerciall.
CU 96-45
Ms. Glatthorn presented written background information, stating the applicant wishes to
create a 12 square foot package sales area in the existing delicatessen. The property meets
the supplemental standards to allow under 80 square feet of the existing deli to be used for
package sales. A conditional use is required because previous approvals elsewhere in the
shopping center brought the total floor area for alcoholic beverage uses in the retail complex to
23 percent. Staff supported the request and recommended approval with two standard
conditions, plus one condition authorizing the maximum allowable floor space for' the proposed
package sales. The board agreed a 12 square foot floor area would be excessively restrictive
and questioned if the applicant objected to receiving approval for an 80 square foot package
sales area as allowed by code.
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Antone Zilieris, authorized representative, stated he wishes to sell beer from a cooler in the
deli. He agreed a larger floor area would be better, and would allow him to add another cooler
if he decides to sell wine in the future.
Two letters were submitted and one citizen appeared to protest nightclubs, taverns and
bars in the residential area. Ms. Glatthorn clarified, while those uses are included in the
category, the applicant's request is limited to package sales.
Member Kunnen moved to approve Item C2, CU 96-45, 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; and 3) The business shall be limited
to a maximum of 80 square feet of floor area to be used for alcoholic beverage sales -
package sales only. The motion was duly seconded and carried unanimously.
C3. Blair G. Mills. Inc. (Colortech Plus, Inc.) to permit 1) vehicle service; and (2) vehicle
sales at 205 5 Belcher Rd, Sec 18-29-16, M&B 23.05, zoned CG (General
Commercial). CU 96-47
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Ms Glatthorn presented written background information, stating the applicant wishes to
conduct an automobile detailing business, with auto sales of approximately four vehicles at a
time as a secondary use. She read the range of services proposed and explained the
occupational licensing requirements. Staff supported the request and recommended approval
with five conditions.
One member expressed concern that, because the subject propertY is adjacent to a
residential area, hours of operation should be listed. Ms. Glatthorn agreed the board may want
to consider a condition limiting hours of operation.
Jim Henry. the applicant, stated he does automobile paint touch-up on privately owned
vehicles in his shop between 8:00 a.m. and 5:00 p.m., Monday through Saturday. He offers
mobile service to new and used car dealerships that have existing body or mechanical facilities,
but does not extend mobile service to homes. He expressed concern with staff's
recommended condition #4 prohibiting major repairs, including painting, fender, and body work.
He described the kind of minor fill and touch-up work he does, stating it is classified as body
work, although the painting is done by airbrush and typically uses less than one ounce of paint.
Mr. Henry displayed the tools of his trade, including a small artists' paint brush, and 1/4 ounce
to 7/8 ounce containers of paint for custom mixing.
Board members agreed the painting described is very minor in scope. Discussion ensued
regarding language for a condition to allow Mr. Henry's work while preventing the major repairs
prohibited by code in this district. One member requested verification that Mr. Henry
understood the floodlights behind his building must be brought into compliance with condition
#2. Mr. Henry indicated he understood the condition.
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,~ In response to a question, Mr. Henry explained the vehicle sales portion of the application.
He indicated sometimes he has the opportunity to buy or sell specialty cars as a service to his
customers, While this is not a principal part of his business, he has obtained a dealer license
and would like approval to conduct this service on the subject property should the opportunity
arise. He indicated this would occur infrequently and felt it would be unusual to have as many
. as four cars for sale at one time, In response to a question, he stated the vehicles for sale
would be parked in his parking spaces or alongside his building. He does not work on mufflers
or tailpipes. Ms. Glatthorn noted City Environmental Management had no concerns except to
comment that any rearrangement of onsite parking or traffic circulation would require
landscaping review. No verbal or written support or opposition was expressed.
Member Bickerstaffe moved to approve Item C3, CU 96.47, 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
or service, and no inoperable vehicles shall be stored on the site for longer than 24 hours;
4) There shall be no major repairs involving transmission dismantling, painting, fender or
body work (minor painting is allowed); 5) The site shall meet all Sanitation Division
requirements, and the applicant shall maintain the property in a litter free condition; and
6) The hours of operation shall be limited to 7:30 a.m. to 6:00 p.m. The motion was duly
seconded and carried unanimously.
~~;:, C4. The Home Deoot USA. Inc. To permit outdoor retail sales, displays and/or storage at
21870 US 19, The Clearwater Collection, 2nd Raplat, part of Lot 1, zoned CPO
(Commercial Planned Development). CU 96.48
Ms. Glatthorn presented written background information, stating the applicant is requesting
approval for outdoor staging and storage of materials near the loading dock and garden center
areas. The request includes outdoor display of seasonal merchandise along the front sidewalk
as a promotional sales area. The request will meet the standards for approval if the correct
amount of space is provided for pedestrian access. The application states the display area
would not interfere with the fire lane or emergency exits of the facility, but would be located in
compliance with all City health and safety codes.
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Ms. Glatthorn responded to a question about the occupational license requirement, stating
suggested condition #1 should be changed from six months to 30 days.
Ronnie Cheeks, Manager of Home Depot in Clearwater, said they wish to paint off an area
on the sidewalk to store and display merchandise outside during peak selling seasons. In
response to a question, he said the request is no different than what they have been doing,
except they will ensure pedestrian areas are not blocked and merchandise remains within the
designated area.
Questions were raised regarding whether any of the proposed outdoor storage and display
areas are common areas of the shopping center. One member felt the property owner, rather
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than the tenant should be presenting the request. Lengthy discussion ensued and some
members expressed strong concerns regarding proof of property ownership, terms of tenancy,
and whether this business has the right to restrict vehicular and pedestrian traffic
ingress/egress. One member favored a continuance to allow the applicant time to provide the
requested information. Ms. Glatthorn indicated this application was brought forward for the
purpose of delineating the areas in which the applicant may legally conduct this use. She
noted the City Traffic Engineer had observed the outdoor retail sales areas were subject to the
Pinellas County traffic impact ordinance. Staff has recommended conditions to ensure
adequate safe ingress and egress are provided, and she did not feel a continuance was
indicated. One member did not agree, stating the request needs to be cut down in size and
ownership of the subject areas demonstrated. He expressed concern the request appears to
enlarge an activity that already blocks the pedestrian areas. One member referenced a
previous case where the board had d,enied a similar request by a retailer. Ms. Glatthorn
indicated staff had recommended approval of that case, too, conditioned upon a five-foot
walkway being maintained.
No verbal or written support or opposition was expressed.
Staff was requested to work with the applicant to provide additional information
concerning: 1) the effect on the overall parking situation of eliminating 22 marked parking
spaces in the rear and whether a cross parking agreement exists: 2} how the front sidewalk
and customer loading areas are proposed to be kept clear; 3) the effect on access through the
driveway to the north of the building; 4) whether an access easement exists; 5) property
ownership; and 6) drawings and dimensions of the rear loading/storage areas.
Member Bickerstaffe moved to continue Item C4, CU 96.48, to November 5, 1996. The
motion was duly seconded and carried unanimously.
C5. Stout Investments. Inc. (Rope Development) to permit indoor storage and/or
warehousing; mini storage at 1505 S Ft Harrison Ave, Sec 21-29015. M&B 44.07,
zoned CG (General Commercial). CU 9649
Ms. Glatthorn presented written background information, stating the applicant wishes to
construct six single.story buildings, on vacant land. The proposal requires site plan approval
and the design must be aesthetically compatible with the surrounding residential and
commercial uses. The staff report was amended to incorporate the Traffic Engineer's
recommendation to provide one driveway on Ft. Harrison Avenue and one on Woodlawn
Street. Staff felt conditions support the request and recommended approval with six
conditions.
Mike Gaylor, from the engineering firm representing the applicant, displayed an aerial
photograph of the vicinity and profiled the proposed site layout, drive accesses, drainage
provisions, topography and where trees are being saved. He stated two driveways are
critical to the project. The west drive, on Ft. Harrison Avenue, will serve as the main
ingress/egress point, routing traffic past the 24.hour management residence. The
Woodlawn Street drive on the north is needed for fire safety, but will be closed with a roll
fence most of the time to restrict access into the adjacent residential area. Because
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Ft. Harrison Avenue Is a DOT Category B road. he related details of his discussions with
DOT regarding the traffic volume in the vicinity. He displayed a scaled rendering showing
how design of the mini storage buildings and management residence will be consistent
with the surrounding architecture. The 2.4 acre property will be fenced for security, and
the southwest corner built up for retention. The hours of operation will be 7:30 a.m. to
7:30 p.m., 7 days a week.
Concerns were expressed with the potential traffic hazard created by vehicles using
the driveway on the long curve on Ft. Harrison. In response to questions. Mr. Gaylor
explained sight distance requirements. stating the right-of-way to the edge of the property
line is 25 to 30 feet wide in this area. He made note of a board suggestion to limit the
property identification sign to four feet in height to provide adequate visibility for motorists.
While acceleration/deceleration lanes are not required on this Category B road, he was
receptive to the suggestion to widen the entrance to the western driveway, to lessen the
effect of vehicles suddenly slowing down to make the sharp turn into the facility.
No verbal or written support or opposition was expressed.
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In response to questions. Mr. Gaylor said attempting to route trucks through the
northern driveway would create a security problem and would be difficult to enforce. This
plan is for all vehicles to use one main entrance that is monitored by the resident manager.
A question was raised regarding why the distance between buildings is only 20 feet. when
driveways are required to be 24 feet wide. He explained minimum building separation is
regulated by the life safety code for fire access. While he has tried to provide wider drives
wherever possible, the doors opening onto the 20 foot wide aisles are for smaller walk-up
storage units. The drivB.up units with overhead doors are situated along the outside
perimeter of the facility. Mr. Gaylor said he will incorporate minor deceleration lanes for
the western driveway into the final site plan. He requested the standard time limit be
extended to one year to allow time to obtain DOT approval for opening the western
driveway.
Member Kunnen moved to approve Item C5. CU 96A9, subject to the following
conditions: 1 ) The applicant shall obtain the requisite building permit. certificate of
occupancy and occupational license within one year tram 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-at-way
prior to issuance of the requisite occupational license; 3) Drawings shall be submitted to
the DRC at time at sit6 plan review to clearly demonstrate that the appearance of the
proposed buildings wilt be similar in appearance and consistent with the Fairwinds
development; 4) All doors shall be oriented so as to be least visible from public rights-of-
way and surrounding properties; 5) Access for the development shall be restricted to one
access point on Fort Harrison Avenue and one on Woodlawn Street. subject to the
approval of the City's Traffic Engineer; and 6) Additional landscaping shall be provided
along the east and north sides of the site to buffer nearby residential; landscaping shall
include 2-inch minimum caliber trees. The motion was duly seconded and carried
unanimously.
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CG. Davton Andrews. Inc. To permit vehicle service (expansion of existing facilities) at
2388 Gulf to Bay Blvd, Gulf to Bay Estates, Lots 594-597 and See 18-29-16, M&B
24.06, zoned CG (General Commercial). CU 96-51
Ms. Glatthorn presented written background information, stating the applicant wishes to
expand vehicle service at the existing car dealership by constructing a 4,500 square foot.
structure for parts and new car preparation. She discussed proposed placement and parking
calculations and residential buffering requirements. Staff felt conditions support the request
and recommended approval with six conditions.
One member pointed out, because the subject property is adjacent to a residential area,
the hours of operation should be listed. Another member indicated this is not a new business
and limiting the hours of operation is not as critical as providing a solid block wall to buffer the
noise impacts of a new activity closer to the residential area.
Bill Adams, representing the applicant, stated four bays are proposed for getting new cars
ready for sale or delivery. The remainder of the building is for excess parts storage, replacing a
semi-trailer that had been used for parts storage in that location for many years.
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Mr. Adams inquired whether it would be possible to locate the new structure to the west
of the existing body shop, instead of in the location specified on the site plan. He noted such a
change would require a different building configuration, but they would still need 4,500 square
feet. Discussion ensued regarding the proposed new location. Several concerns and questions
were raised regarding potential impacts to residential areas to the north and west, code
restrictions related to major vehicle repairs, and orientation of doors, windows and a solid wall
for sound buffering. Ms. Glatthorn noted a revised plan would be needed and staft would have
to work out the details with the applicant regarding parking layout, landscaping, etc. Lengthy
discussion ensued, reiterating the considerations involved in relocation.
No verbal or written support or opposition was expressed.
Member Kunnen moved to approve regarding Item C6, CU 96-51, relocating a 4,500
square foot building, at least 75 feet to the east of the west property line off Shelly Street,
with a six foot solid wall, finished on both sides, to be located along the west property
line, with no doors or openings on the north side of the building except a personnel door, if
required. There was no second.
One member pointed out the motion only applies 'to relocating the building.
Mr. Kunnen stated that was his intention, and if an alternation location cannot be worked
out, the applicant would have to come back with a new request. Mr. Adams clarified the
applicant would like approval of a 4,500 square foot building today, and if possible,
authorization for staff approval of reconfiguration details. If the application is continued 30
days, Mr. Adams stated the applicant will ask for a larger building. Ms. Glatthorn
recommended a continuance to allow time to do the appropriate site plan work. Concerns
were reiterated regarding buffering adjacent properties.
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Member Kunnen moved to continue Item C6, CU 96-51, to the meeting of
November 5, 1996. 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
01. Request for Annexation and Zoning Atlas Amendment of the City of Clearwater for
property adjacent to the City Countryside Community Recreation Park, Sec 29-28-16,
part of M&B 22.02 (Florida Power Corp.) A 96.26 Zone: P/SP (Public/SemiPublic)
Mr. Udoh presented written background information, stating approval would allow the City
to utilize a portion of the Florida Power right-of-way as a parking lot for the new Countryside
Recreation Park. Florida Power has agreed to the annexation. As the standards for approval
appear to support the request, staft recommended endorsement. No verbal or written support
or opposition was expressed.
Member Baron moved to endorse Item D1, A96-26, to the City Commission. The motion
was duly seconded and carried unanimously.
Member Mazur left the meeting at 3:47p.m.
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02. (cant. from 9/10/961 Request to consider an amendment to the Wal-Mart Commercial
Planned Development zone (CPD) to increase nonresidential development intensity by
allowing the construction of a Wendy1s Restaurant along the US 19 frontage between the
Kinko's and Jiffy Lube outparcels. 23106 US 19 N. Loehmann's Plaza, Lot 1, Loehmann's
Plaza Raplat, Lots 1 ~3. (Wal-Mart Stores. Inc/Weody's International, Inc.lTaheri Family
Trust/Kinko's of Georgia. Inc.lBrandon NU-West Clearwater. Ltd) Z 96-09
ZONE: CPO (Commercial Planned Development)
Staff requested a continuance to the next meeting due to continuing efforts to resolve
concerns with the applicant about site access, concurrency and visual corridor. It was
indicated resolution of these issues looks promising. Board members reiterated questions from
the last meeting regarding State concurrency laws with regard to new construction on this
F-rated road. Staff was requested to include in their report for the next meeting the definition
of concurrency.
Member Baron moved to continue Item 02, 296-09, to the meeting of October 15, 1996.
The motion was duly seconded and carried unanimously.
03. (cant. from 9/10/96) Request for Land use Plan and Zoning Atlas amendmt3nts of the
City of Clearwater for property located at 1331 Cleveland Street. Terrace Revised, Blk
6. Lots 3 thru 8, part of Lots 1 & 2, 9 thru 13 and N 11/2 vacated street. (Jami AI
Salam Inc.) Z 96-10: LUP 96-05
LUP: From Commercial General to Institutional;
ZONE: From CG (General Commercial) to P/SP (Public/SemiPublic)
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Mr. Udoh presented written background information, stating this item was continued from
the September 10 meeting because neither the applicant nor a representative attended the
public hearing. No one was present today on behalf of the applicant. Some members thought
~he applicant or a representative is required to attend unless the request is single family
residential. Ms. Dougall-Sides indicated the board's rules do not require the applicant or a
representative to attend, but their presence may be requested at the pleasure of the board. No
verbal or written support or opposition was expressed.
Member Baron moved to continue Item D3, Z 96~10 & lUP 96-05, to the next meeting for
the applicant or a representative to be present. The motion was duly seconded and carried
unanimously. The item will be continued to November 5, 1996 for readvertising.
D4. Request for a Zoning Atlas Amendment of the City of Clearwater for property located
at Hercules Avenue at Sunset Point Rd, Sunset Oaks, lot 2 and the south 160 It of
lot 1: Pinellas Groves SW. part of lot 1; Sec 01-29-15, M&B 13.03. {City initiated I
Markos & Maria Poniros/Amoco Oil Co./McDonatds Corp.} Z 96-11
ZONE: From eN (Neighborhood Commercial) to CG (General Commercial)
Mr. Udoh presented written background information, stating this City initiated request is
designed to minimize some of the zoning restrictions experienced by developers, while
protecting surrounding properties. Staff recommended endorsement.
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Brief discussion ensued regarding ownership of some of the parcels affected by the
rezoning. Concern was expressed with the statement on page 2 of the staff report, IIWith the
completion of improvements on these roads, it is anticipated that any increase in future traffic
volumes would have an insignificant impact on the level of service in this area." One member
pointed out, if each parcel was built to the maximum, the impact would be very significant.
Ms. Glatthorn clarified, with the completion of road improvements, the impact would be
minimal. In response to a question, Ms. Glatthorn responded other agency reviews are not
required, because this is not a land use plan amendment. It was indicated the interested
parties are not required to be present for this City initiated request.
Member Nixon moved to endorse Item D4, Z 96-11 to the City Commission. The motion
was duly seconded and carried unanimously.
D5. Ordinance 6091-96, relating to the land Development Code; creating Section 42.36,
'Code of Ordinances, to establish site lighting restrictions for residential and
nonresidential properties; providing an effective date.
Ms. Glatthorn presented written background information, stating this ordinance' was
prepared as a result of staff and the Planning and Zoning Board having identified the need to
regulate site lighting. Staff examined surrounding community requirements and decided to
utilize a simple shielding requirement as opposed to regulating on the basis of candle power,
type of light source, or some other measurement-based approach. The shielding requirement
will allow easier code compliance for new lighting, and simplify retrofitting existing non-
conforming lighting.
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,~ One member requested a text amendment to clarify language in the first sentence of the
',' last paragraph of subparagraph (6) on page two. The sentence was amended to read as
follows: "The building official shall approve. within five business days from the date of
submission. any request for a temporary exemption that meets electrical code requirements
and does not create a public safety concern or result in light trespass onto any residentialty~
zoned property within fi'JC business doys from the doto of submission of the request for
temporary exemption.
One member felt light spill or "trespass" must be quantified in order to be enforced.
He did not agree with exempting street lighting and sports fields, and strongly advocated
establishment of specific candlepower criteria. Other members firmly disagreed with
imposing candlepower restrictions, stating the provision to require a 900 cutoff mechanism
to direct light downward onto the subject property, is sufficient to avoid the safety hazard
created by blinding lights shining directly into the streets. Lengthy discussion ensued
regarding this topic.
One member felt language modification was needed to clarify subparagraph (2)(b)
prohibiting light rays from being emitted "at angles greater than 90 degrees perpendicular
to the surrounding ground level." Ms. Glatthorn suggested endorsement with direction to
staff to work on clarifying this language. The board member also expressed concern with
language in subsection (7) that seems to require a building parmit for installing a home
security light into an existing outlet. Ms. Dougall~Sides clarified, stating activities that
typically require building permits would not be exempted from the permitting requirement
under this section. In response to a question, she said shared security lighting is
L:,} exempted.
Discussion ensued regarding how to ensure all new and replacement lighting conforms.
In response to a question, Ms. Dougall~Sides stated the ordinance is not retroactive, but
goes into effect immediately upon adoption. She did not recommend an amortization
period, to avoid difficulties such as the City experienced with sign amortization.
The candlepower debate resumed. One member pointed out holiday decorative
lighting sometimes disturbs neighbors and suggested consideration of language stating
light cannot shine onto adjacent properties, causing a negative effect. One member
pointed out the ordinance could be simplified by the inclusion of simple sketches
illustrating the intent.
Member Nixon moved to continue Item 05, Ordinance 6091~96, to the next meeting, for
illustration of perpendicular light shielding, and clarification of the permitting requirement
for home security lighting. The motion was duly seconded and carried unanimously.
06. Ordinance 6092-96, relating to the Land Development Code; amending Section
40.544 establishing funeral homes as a Conditional Use in the Public/SemiPublic
Zoning District; amending Section 41.053, Code of Ordinances, to establish
supplementary Conditional Use permit standards for funeral homes in the
Public/SemiPublic District; providing an effective date.
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Ms. Glatthorn presented written background information, stating staff recommends
endorsement of the ordinance adding this new conditional use, so site impacts can be
carefully controlled. particularly in proximity to residential development.
To avoid confusion with a permitted use. one member requested amendment of
language in Section 40.544, changing the word "permitted" to "allowed." Ms. Glatthorn
concurred.
Member Nixon moved to endorse Item 06, Ordinance 6092-96 to the City
Commission. The motion was duly seconded and carried unanimously.
Board and Staff Comments
Ms. Glatthorn distributed copies of a survey from a property owner expressing
pleasure with the recent Clearwater Community Hospital landscaping and parking lot
expansion project. Member Nixon commented the project was done beautifully and
enhanced surrounding property values.
Adjournment
The meeting adjourned at 4:30 p.m.
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