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PLANNING & ZONING BOARD MEETING -~ ACTION AGENDA
Tuesday, October 15, 1996
Call To Order, Invocation, Pledge of Allegiance
Minutes Approval -- September 10, and October 1, 1996 ~~ Approved as submitted
C. Conditional Uses
C 1 . (Trial Period Review) SteDhen G. Beneke/Tri Hiuh Coro/Jamil Salhab (Wanna Save)
to permit package sales of beer and wine (business ownership change) at
1362 Cleveland St, Overbrook Sub, Blk 1, Lots 8~11, zoned CG (General
Commercial). CU 96-14
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) All on~site parking spaces shall be restriped
within 30 days to provide for access for disabled persons and to better meet City Code
requirements, subject to verification by staff, prior to the issuance of an occupational
license.
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C2. (from 9/10/96,. reheard due to advertising error) Luckv louis' Inc./Louis J.
Chaconas (Gulf Coast European) to permit vehicle service at 20 S. Myrtle Ave
Gould & Ewing's 2nd Addition, Blk 12, Lots 9 & 10, zoned UC{C) (Urban Center
(Carel). CU 96~40
ACTION: Approved subject to the following conditions: 1) The applicant shall
obtain the requisite building permit, certificate of occupancy and occupational license
within one month 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-at-way prior to 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 and 5) The property shall be kept clean and
orderly and free of debris on a daily basis.
C3. Society of St. Vincent de Paul of UDPer Pinellas Countv, Inc. (St. Vincent de Paul
Soup Kitchen and proposed CHIP Shelter) to permit (1) public safety facility-police
substation; and (2) residential shelter at 1339, 13341 & 1345 Park St. Brookwood
Terrace, Slk 6, part of Lots 1, 2, 9-13 & N }) vacated st. and Tagerelli Sub, Blk 2,
Lots 2~4 and Overbrook Sub, Blk 6, Lots 7-10 & unplatted land to the South,
zoned CG (General Commercial). CU 96.46
ACTION: Continued to the meeting of November 5, 1996 for information
reg&rding density calculations and investigation of an alternate location
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4. Kenvon Dodae. Inc. To permit a utility facility (transmission tower) at 19660 U.S. 19.
Sec 19.29-16. M&B's 11.05, 11.061 and 11.06. zoned CH (HighwayCommercial).
CU 96M50
ACTION: Denied as inconsistent with standards for approval #5 and #7; Referred to
the City Attorney's office for written findings.
C5. Frank C. & Venie W. Brinson/ShoD N Go Food Market of Clearwater to permit package
sales of beer and wine (business ownership change} at 1760 Drew St., Woodmere
Heights. Lot 31. zoned CG (General Commercial). CU 96.52
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-at-way
prior to issuance of the requisite occupational license; 3) Hours of operation shall be limited
to: 6:00 a.m. to 11 :00 p.m. weekdays and 6:00 a.m. to 12:00 midnight on weekends; 4}
A six foot high wood fence shall be installed along the west side property line within one
month from the date of this public hearing OR the applicant shall obtain and submit letters
from the adiacent property owners expressing their opposition to the fence, in which case
the existing fence posts shall be removed within one month from the date of this public
hearing; 5) The parking lot shall be striped and maintained as shown on the site plan
subject to approval by Traffic Engineering and verification by staff.
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CG. Florida DeDartment of TransDortation to permit (1) outdoor retail sales, displays and/or
storage; and (2) vehicle sales at 21466 US 19. Campus Walk Sub, Lot 2B. Sec 18-29-
16 M&B 11.01. zoned CH (Highway CommerciaH. CU 96-53
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite building permit. certificate of occupancy and occupational license within two
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) The applicant shall submit a site plan drawn to scale and drawn in
such a way as to allow on-site impacts to be reasonably ~valuated .and satisfactorily
addressed prior to issuance of an occupational license; 4) All City landscaping. parking and
access requirements shall be met to the satisfaction of the Engineering Department prior to
the issuance of the occupational license; 5) Displays shall be limited to the area
immediately around the building and under the canopy as shown on the page labeled
"SUGGESTED DISPLAY AREA"; this area should be fenced and clearly marked on the site
plan prior to the issuance of an occupational license; 6) Vehicle sales. storage and displays
shall not be permitted; 7) All building code and land development code violations on this
site shall be corrected prior to issuance of the occupational license; and 8) Approval shall
be for a period of not more than two years from the date of this public hearing.
C7. Twentv Island Wav. Inc. (The Crab House) to permit a restaurant serving alcohol
beverages with outdoor seating where the service area is located within 200 ft of
a residential zone at 20 Island Way, Island Estates of Clearwater, Unit 5, Blk C.
Lot 2 and part of Lots 1 & 4, zoned CG (General Commercial). CU 96-54
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f\CTIOr\l: 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 equippod with a
900 cutoff mechanism, with the light being directed downward and away from adjoining
residential properties and street rjghts~of.way prior to issuance of' the requisite
occupational license; 3) No outdoor entertainment shall be permitted except for quiet
background music played no later than 10:00 p.m. nightly; 4) Hours of operation are
limited to 10:30 a.m. to 11 :00 p.m. on weekdays; 10:30 a.m. to 12:00 a.m. on
weekends; and 5) No outdoor bar shall be provided.
ca. Thomas A. & Frederic T. Nott (Fritz's Skate Shop) to permit outdoor commercial
recreation (skate rental) at 700 Cleveland St., Gould & Ewing's 2nd Addition, Blk 14,
Lots 6 & 7, zoned UC(C)2 (Urban Center (Core)). CU 96-55
ACTION: Approved 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 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) The sidewalk area shall be marked to
provide a minimum 5 foot width for pedestrian areas; 4} The dumpster shall be screened
with vegetation or a low fence in a manner acceptable to the City Design Planner; and
5) Any outdoor skateboard ramps shall be portable or temporary in design, shall not be left
unattended, and shall be taken inside at the end of the working day; and 6) Signage shall
meet City code requirements.
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D. Annexation, Zoning, land Use Plan Amendment, land Development Code Text
Amendment, and local Planning Agency Review
01 . (cont. from 10/1/96) 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. 23105 US 19 N, Loehmann's Plaza, lot 1.
loehmann's Plaza Raplat, Lots 1-3. {Wal-Mart Stores, Inc./Wendy's International,
Inc./Taheri Family Trust/Kinko's of Georgia, Inc./Brandon Nu-West Clearwater, ltdJ
Z 96-09 Zone: CPO (Commercial Planned Development)
ACTION: Endorsad to the City Commission with direction to staff to: 1) Reexamine
the landscaping along the western boundary for adequacy in visually screening the subject
property from the residential area to the west, and 2} Examine existing site lighting to
determine whether or not it meets the conditions of previous approval.
02. (Cont. from 10/1/96 for advertising) Ordinance 6092-96 of the City of Clearwater,
Florida, 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 Distirct; providing an
effective date.
ACTION: Endorsed to the City Commission at the meeting of October 1, 1996 (as
amended in Section 49.544, changing "permitted" to "allowed".) No action taken
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"......., 03. Ordinance 6093.96 of the City of Clearwater, Florida, relating to the Land
'., ,,) Development Code; amending Section 41.053. Code of Ordinances, to establish
additional supplementary conditional use permit standards consistent with the
Pinellas Planning Council Rules; providing an effective date.
ACTIO{\!: Endorsed to the City Commission
04. Ordinance 6100-96 of the City of Clearwater. Florida, relating to the Land
Development Code; amending Section 41.221 to allow outdoor cafes in the
Public/Semipublic and Open Space/Recreation zoning districts on Clearwater
Beach; 'providing an effective date.
ACTION: Endorsed to the City Commission
05. (cant. From 10/1/96) Ordinance 6091-96 of the City of Clearwater, Florida,
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 November 19, 1996
Board and Staff Comments -- Discussion
Adjournment M_ 7:30 p.m.
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
October 15, 1996
Present:
Jay Keyes
Brenda Harris Nixon (arrived 2:07 p.m.)
Kemper Merriam
Robert D. Bickerstaffe
Bernie Baron
Frank Kunnen
Scott Shuford
Leslie Dougall-Sides
Sandra Glatthorn
Gwen Legters
Edward Mazur
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Central Permitting Director
Assistant City Attorney
Central Permitting Manager
Board Reporter
Board Member
Absent:
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.
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, , Minutes Approval -- September 10 and October 1, 1996
Member Bickerstaffe moved to approve the minutes as submitted in writing to each
member by the Board Reporter. The motion was duly' seconded and carried
unanimously.
C. Conditional Uses
C1. (Trial Period Review) Steohen G. Beneke/Tri High Coro/Jamil Salhab (Wanna
Savel to permit package sales of beer and wine (business ownership change) at
1362 Cteveland St. Over brook Sub, Blk 1, Lots 8-11, zoned CG (General
Commercial). CU 96-14
Mr. Shuford presented written background information, stating this conditional use
was approved on April 2 subject to conditions, including restriping the parking lot and a
six-month trial period due to concerns regarding the high number of police calls. The
police calls have been reduced by one-half, and the applicant has made a good faith
effort to restripe the parki,ng lot. The Traffic Engineer required restriping again to better
meet code. As the applicant has been very cooperative, and conditions support the
request, Staff recommended approval with three conditions.
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Jamil Salhab, business owner/applicant, stated in response to a question, the parking
lot was restriped to meet code.
Duke Tieman spoke in support of the application and submitted ten photographs of the
store exterior, illustrating new striping in the parking lot. A question was raised regarding
whether the solid blue painted handicapped parking space was appropriate. Mr. Shuford
will check and continue to work with the applicant to ensure the restriping meets code.
One member indicated the amount of window signage seemed excessive and requested
staff to investigate. No verbal or written opposition was expressed.
Member Kunnen moved to approve Item C1, CU 96-14, 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) All on-site parking spaces
shall be restriped within 30 days to provide for access for disabled persons and to better
meet City Code requirements, subject to verification by staff, prior to the issuance of an
occupational license. The motion was duly seconded and carried unanimously.
C2. (from 9/10/96; reheard due to advertising error) Luckv Louis' Inc./Louis J. Chaconas
(Gulf Coast European) to permit vehicle service at 20 S. Myrtle Ave Gould & Ewing's
2nd Addition, Slk 12, Lots 9 & 10/ zoned UC(C) (Urban Center (Core)). CU 96-40
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..~."I Mr. Shuford presented written background information. stating this application was
approved at the previous meeting. It is being reheard to correct an advertising error
beclJuse the applicant is requesting vehicle service, not sales. One member expressed
concern with the condition of the perimeter landscaping, especially the palms along the
rear.
Peter Hagen, the business owner, stated the palm trees belong to the adjacent motel.
He requested reapprova!. No verbal or written support or opposition was expressed.
Member Merriam moved to approve Item C2, CU 96-40, subject to the following
conditions: 1) The applicant shall obtain the requisite building permit, certificate of
occupancy and occupational license within one month 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-ot-way
prior to 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; and 5) The property shall be kept clean and orderly
and free of debris on a daily basis. The motion was duly seconded and carried
unanimously.
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C3. Society of St. Vincent de Paul of UOller Pinctlas County. Inc. (St. Vincent de Paul Soup
Kitchen and proposed CHIP Shelter) to permit (1) public safety facility-police substation;
and (2) residential shelter at 1339, 13341 & 1345 Park St. Broe;kwood Terrace;Blk 6,
part of Lots 1, 2, 9-13 & N Y.1 vacated st. and Tagerelli Sub, elk 2, Lots 2-4 and
Overbrook Sub, Blk 6, Lots 7-10 & unplatted land to the South, zoned CG (General
Commercial). CU 96-46
Mr. Shuford presented written background information, stating the applicant is requesting
two conditional uses to expand the soup kitchen operation by adding a police substation and
48-bed homeless shelter with office space. He said the applicant will explain in detail how
comprehensive treatment and community-wide effort reduces crime and does not negatively
affect property values. The staff report addressed how the proposal meets each of the
standards for approval. To alleviate a concern regarding potential foot traffic through
residential areas, sidewalk access from Cleveland street is recommended. An 11-page report
from the Clearwater Homeless Intervention Project, Inc. (CHIP) profiled homelessness at the
national, state, and local levels. The raport outlined a plan for the Clearwater Emergency
Shelter operations, potential impact on the neighborhood, and CHIP history.
Police Chief Sid Klein, speaking as CHIP Chair, introduced members of the CHIP board of
directors. He acknowledged other supporting organizations present. He reviewed the
seriousness of the homeless problem, formation of CHIP, funding sources, and needed
services. He said funding is in place for a police substation with six officers and a sergeant. At
a recent community meeting, concern was expressed regarding potential impacts on the
neighborhood. He said the soup kitchen will remain at its present location, even if the shelter is
, "'.. ~ not built. Controls will be established to register clients and require their participation in a
""'1Il~1 homeless intervention program. Shelters in Orlando and Jacksonville have experienced
decreased crime and increased property values where similar shelters were built. While he
sympathizes with the public concerns, he said a particular local shelter turns away 30 to 40
people a day because of insufficient room. He stressed the need for a comprehensive outreach
program, stating the City's transient and homeless situation will not change without a proactive
approach. CHIP and other represented agencies are committed to this program for the long
term. '
Chief Klein said the project's long range objective is to locate local social service agencies
at the 48-bed shelter on an outreach basis. In response to a concern the shelter will attract
more homeless, Chief Klein said they already are here. The shelter will atlow the community to
deal constructively with transients and homeless. Registration programs have been proven to
decrease transient populations because those who do not want to be identified generally move
to other communities.
Barbara Green, administrator for Everybody's Tabernacle Homeless Emergency Project
(HEP), stated she has never received a complaint letter in the 30 years she has run a homeless
shelter. She said street people are advised of the rules when they arrive; they cannot eat or
stay unless they follow the rules. As a CHIP advisory committee member, and Director of the
State Coalition for the Homeless, she described homeless living conditions in other parts of the
State and commended Clearwater for attempting to create a more positive approach to the
problem. She encouraged board approval, noting four powerful organizations have endorsed
the shelter.
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...-,., Deborah Vincent, Director of Clearwater Housing Authority, stated the proposal will
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" not be a flop house, but a specialized program using 'a holistic approach to help the
homeless, in a controlled environment. She detailed the opportunities, resources and
follow-up that will be provided.
Mary Lou Guthart. President and Director of St. Vincent DePaul Soup Kitchen, said
soup. kitchen operations have improved since the Police Department became involved in
June 1995. Troubtemakers are not allowed to eat, and often relocate. She said the police
substation will not be built without the shelter. She felt officers on bicycle patrol will
benefit the neighborhood.
Major John Needham, of the Salvation Army, has been conducting a homeless
program for several years. He was excited about this cooperative effort. its resources and
benefits.
Vionette Perry stated it is time to put a stop to the "not-in-my-back-yardU attitude.
She wants to see transient problems controlled instead of ignored. She stressed the police
presence has improved her neighborhood and an increase of patrol officers will benefit a
larger area. She said other local neighborhoods have improved safety due to increased
policing.
Ed Brandt, Director of the Salvation Army Homeless Intervention program, said the
Salvation Army strives to help homeless people become taxpaying citizens. He said most
people are homeless because they lack money. not because they abuse alcohol or drugs.
(~:;.} He said many decent citizens are one paycheck away from being homeless. He responded
to questions regarding the program's operation, including the number of guests, average
length of stay, types of availa ble help, rules. and participant follow-up. He said a
St. Petersburg program helps people who wish to return to their homes out of state when
they cannot afford the fare.
Jonas Brummett strictly opposed expanding the soup kitchen operation, stating his
business has experienced break-ins, theft. and vandallsm. He had to close his restaurant
after one year because of problems at the location. He urged a review of police calls
during the past three years. He said panhandlers begging quarters have caused a 20%
drop in his self-service car wash business. He said soup kitchen clientele are not
interested in the jobs he has offered. He felt the police presence has not helped the
neighborhood and will not encourage new business development.
Nick Cerrandis stated he is the property and building manager for four lots along
Cleveland Street. While he has compassion for the needy. he complained he must clean
up after homeless and transients every day. He expressed concern the business and
residential community are affected negatively by people who are too sick or inebriated to
clean up after themselves. He questioned how bringing more economically distressed
people into the area will improve it. He said an industrial location could be obtained for
less money and would be more suitable than this high profile redevelopment area. He
opposed continuing negative impacts on taxpayers. He doubted a police substation will
improve the neighborhood.
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~ Clark Hubbard, said the saloon on his Cleveland Street lot has been open since the 1940's.
He questioned the wisdom of putting a soup kitchen just outside the back door. Since the
soup kitchen opened in 1992, his property's assessed value has dropped more than $24,000.
He expressed concern the City Commission seems to be treating this proposal as a done deal.
He said panhandling and homeless problems have increased dramatically. He requested police
calls for the past three years be compared to area conditions three years before the soup
kitchen opened.
Paul Brian Shuh, stated he and his mother own and operate a business on Park Street near
the project. He felt the project's impact would extend beyond the local area. He opposed
building a sidewalk from Cleveland Street to the soup kitchen, stating it is ludicrous to believe
large businesses will locate downtown with that kind of view. He expressed concern the
project is inadequate and will not solve the problem. He suggested the shelter will feed
everyone who shows up at mealtime. He said last February, the Salvation Army had promised
their 1S-bed temporary shelter would not be permanent. He expressed concern the temporary
facility is to be replaced by a 48-bed permanent facility. He advocated helping the homeless on
a much larger scale, such as the Orlando facility where many different service agencies
combine their resources. He submitted a three-page letter in opposition.
Mary Shuh, president of the aforementioned Park Street business, said the problem is vast.
and it is not safe to use public parks, libraries or go downtown, despite the large investment in
redevelopment. She urged the board to table this item until the City's new redevelopment
director reviews its impact.
I, .,,~) David Bacon, attorney representing Evergreen Avenue property owners. stated Chief
'-~~ Klein's presentation misdirected the focus which should not be on the special needs of the
homeless, the public desire to help, nor the qualifications of facility operators. He said the
board should determine if the proposal is a reasonable use of the subject property and if it will
adversely impact the property rights of adjacent property owners. He noted property values
have declined and any use that further weakens property values is not appropriate. He felt
expanding the kitchen will not improve the homeless situation, but will adversely impact a
stressed neighborhood. He noted the police substation was proposed to mitigate an existing
problem, not solve it.
Pat Wilson said she is co'mmitted to her Pierce Street property. She pointed out none of
the supporters lives near the soup kitchen. She fights a constant battle to keep vagrants off
her property. She is tired of cleaning up excrement and seeing people urinate on her property.
While she believes in helping the homeless, the surrounding community should not be ignored.
She is opposed to funneling foot traffic through residential areas to reach support facilities.
She said the soup kitchen created the need for the police substation and six patrol officers on
bicycles will not adequately patrol the large area proposed. She does not want to lie to
prospective tenants who ask her if the neighborhood is safe. Ms. Wilson submitted a letter in
opposition.
Martha Champion opposed helping the homeless because she feels everyone can work.
She does not want the soup kitchen in her neighborhood. She said the soup kitchen was the
first place police looked after her apartment was burglarized. She felt background checks are
insufficient for controlling shelter patrons.
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Chief Klein spoke in rebuttal to opposition, stating he empathizes with those who
experience problems. The police department has been tasked to solve those problems. He
responded to several points: 1} CHIP has looked at potential locations for three years and
determined no other suitable location exists; 2) Other shelters are full; 3) The shelter will
only provide 1 or 2 meals a day. He expressed concern a recent proliferation of charity
feeding programs is not helping get homeless off the street; 4) Appropriate staffing will be
provided, but the police substation will not be manned with six officers, 24 hours a day, 7
days a week, because the officers will be on patrol throughout the neighborhood,
supported by other officers in the vicinity; 5) Regarding property rights and values, he
reiterated the homeless have no other place to go. The next component of the homeless
program will be to create single room housing where people can stay until they get on their
feet; 6) Regarding whether the shelter is a compatible industry, he stated the homeless are
humans, not industry; 7) Federal funding is tied to the operation of a homeless shelter and
will benefit downtown. Ongoing efforts are underway to ensure adequate future funding;
8) He is committed to finding a solution to the homeless problem in Clearwater, wants to
achieve the stated objectives. and felt this project is a good starting point.
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Dr. Gilbert Jannelli, owner of adjacent property on Cleveland Street, said the project
adversely affects neighborhood commercial properties. He submitted a comprehensive
guide to homeless shelters and housing services in Pinel/as County, noting the large
number of facilities available. He expressed concern the shelter will expand to hundreds of
beds after every social service agency dumps their homeless population into Clearwater.
He questioned if another shelter is planned for Morningside, Countryside, or Clearwater
beach. He felt the soup kitchen is incompatible in this redevelopment area. He felt no one
would want to start a business with a soup kitchen nearby. People dislike visiting his
property because of the human waste present almost dailv. He claimed his property value
has declined $73.000 since 1992. He noted Chief Klein does not live in Clearwater. He
questioned if the applicants will provide a written guarantee indicating where the homeless
will go when the shelter is full and the source of future funding.
Mr. Brummett, Mr. Shuh, Mr. Hubbard, Ms. Wilson. and Dr. Jannelli spoke in rebuttal
to the supporters, expressing concern with the heavy need for police involvement, fear of
setting a precedent for more beds in downtown, the need to hire someone to determine
the long range impact and create a more coordinated effort, inadequacy of the proposed
police staffing, the need to expand the vision to a much larger 5cale operation apart from
downtown in an industrial area, proximity to downtown residential single and multi-family
dwellings and existing alcoholic beverage business, additional deterioration and debris on
surrounding prope'rties, and what will happen when current police programs and funding
expire.
Ms. Wilson submitted seven photographs illustrating debris and deterioration on and
about the subject property. Dr. Jannelli submitted a petition with approximately 28
signatures from surrounding business owners in opposition to the proposal. He spoke with
two dozen property owners in the vicinity of Everybody's Tabernacle HEP. none of whom
had complaints because of the exemplary way Ms. Green runs the program. During his
visit, he noticed several properties for sale at a reasonable price, a short distance away
from other social service agencies. He challenged Chief Klein to look at obtaining some of
thase less expensive properties and relocating the project.
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Chief Klein issued a final statement on behalf of the applicants. In response to
questions from one board member, he said funds are not available to buy more property
and construct a new feeding facility. He has asked Mrs. Green to consider assuming
administration of the project. When funding for the police facility runs out in three years,
the City assumes financial responsibility. Alluding to previous discussion that homeless go
where they are fed, the board member advocated closing the downtown soup kitchen and
starting a program in an industrial location near Hercules Avenue. It was indicated living
near jobs and getting help with transportation to social service agencies makes more
sense. Chief Klein responded this issue was studied in depth at the direction of a previous
City Commission, and no legitimate reason was found for closing the soup kitchen under the
existing guidelines. He firmly reiterated the soup kitchen will stay where it is and the clientele
will be regulated. He requested a decision on the issue at hand. The board member expressed
concern with rushing the decision, and reiterated the recommendation to move the facility to a
location with less impact on the surroundings.
One member questioned why the registration process was not implemented years ago and
why soup kitchen clientele are not required to clean and maintain the facility, or assist
handicapped residents. to help repay the community. Concern was expressed it is not safe to
visit the libraries. It was indicated Clearwater has become well known as a haven for
transients, due to lenient homeless programs and mild winters.
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One member expressed concern six officers do not provide adequate staffing. Chief Klein
responded to questions regarding officer deployment, hours of operation, number of people fed,
details of the registration program, and the need to have the officers on bicycles to get into
areas where cars cannot go.
One member questioned code requirements regarding zoning, property use, and
occupancy. Mr. Shuford responded to questions regarding property acreage, land use impacts,
and density calculations under the mixed zoning. He said the project is an outgrowth of the
community's direction regarding community policing and neighborhood relationships. He
assured the board the property area, density and intensity restrictions will not allow future
expansion.
General discussion ensued regarding philosophy of the homeless issue. Board members
reiterated their recommendations and concerns. Discussion ensued regarding standards for
approval. One member spoke from his experience as an active participant in a charitable food
outreach program. He stated he has hired more than 100 people from the HEP program, some
of whom have developed into wonderful employees. He stated a food and housing program
with the proper restrictions helps, rather . than hinders neighborhood conditions. Some
members felt a continuance was needed to: 1) gather land use and zoning information
regarding the soup kitchen's present location; and 2) investigate another location where the
proposal would have less impact on the surroundings and room for expansion.
Member Baron moved to continue Item C3, CU 96-46, for two weeks, to obtain more
information regarding density calculations and investigation of an alternate location. The
motion was duly seconded. Members Keyes. Merriam, Baron and Kunnen voted "Aye";
Members Nixon and Bickerstaffe voted II Nay." Motion carried. The item was continued to
the meeting of November 5, 1996.
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The meeting recessed from 4:26 to 4:39 p.m.
C4. K~nYon Dodae. Inc. To permit a utility facility (transmission tower) at 19660 US '9 t
See 19-29-16t M&B's 11.05t 11.061 and 11.06, zoned CH (HighwayCommerciaO.
CU 96-50
Mr. Shuford presented written background information, stating the applicant is
requesting approval a transmission tower on the Kenyon Dodge property. Because of
federal laws regulating telecommunication towers, the Assistant City Attorney outlined
specific suggestions how to handle the proceedings. She requested the board to direct the
City Attorney's office to prepare written findings to submit at the following meeting. A
court reporter was present to provide the required transcript. She requested board
members to ensure the motion to approve or deny is very specific regarding the code
criteria and reasons for the decision. While local authorities have authority to act in
accordance with their local ordinances, she cautioned that the telecommunication act does
not allow denial based on perceived tower emissions.
It was indicated certain local jurisdictions have declared moratoriums on this type
application, but Clearwater has not and the law requires responding in a timely manner.
Mr. Shuford indicated a City telecommunication task force will be working on a wide range
of issues, including tower siting. He had hoped to delay this application until their report is
completed in December, but must follow the low for timely processing. In response to a
question, he said a height variance was recently approved for a tower along Fort Harrison.
j,...... \ Mr. Shuford reviewed the staff report, stating a 100 foot tower within 150 feet of a
',..,~I residential area is not compatible with the standards for approval in terms of size, scale
and mass of the structure. Such a tower would have an obvious impact on the Tropic Hills
neighborhood to the west. Staff recommended denial, stating the application does not
appear to meet standards for approval #5 and #7 of Section 41.052, regarding the affect
6n the use, enjoyment, value and character of surrounding properties.
A Question was raised regarding whether any homes are within the fall zone for the
tower. Mr. Shuford discussed fall zones, stating due to the design of monopole towers,
safety is not a concern, but staff is concerned with the size and proximity to the residential
area. In response to a question about the height, Mr. Shuford stated the Development
Code Adjustment Board is scheduled to hear a height variance request next week. He
suggested the board focus on compatibility of the use with the surroundings.
Heidi Amato, authorized representative for American Portable Telecom (APT),
highlighted their range of services and what they offer to the community. She described
the self~supporting lattice-type structure and related site specific compatibility details. She
circulated and explained a composite photographic display of the site from various vantage
points and pointed out the proposed location on an aerial map. In a fax received by staff
on October 14, she outlined how the application meets each of the standards for approval.
Regarding standards #5 and #7, she stated the base will be sufficiently landscaped to
buffer any noise, activity, or objectionable views. The facility has no equipment that
generates noise, and is not staffed, so no hours of operation limitation is needed. She
noted painting has not been required because the galvanized steel and concrete structure
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should not glare in the sun. The structure will be compatible with the existing environment
of power Hnes and wooden poles. No evidence exists to indicate cellular carriers in the
area for more than 10 years have had a detrimental effect on the surroundings or property
values. While telecommunication towers do not offer many design options, she offered to
work. with the neighborhood to minimize any impacts they might experience. She
stressed, from a visual standpoint, the existing overhead power lines pose much more of
an impact. She distributed color copies of an enlarged photograph of the neighborhood
with a representation of the tower imposed into the picture. demonstrating the minimal
impact on the view.
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In response to questions, Ms. Amato said the soil and wind conditions on the site will
determine the dimensions of the tower base, but she estimated the legs would be about
five feet apart, and the minimum wind load would be 1 05 mph. Concern was expressed
the extra weight of other carriers' equipment could increase the tower's risk of falling.
Mr. Shuford pointed out the City encourages multiple users, to reduce the number of new
towers needed. Ms. Amato explained each carrier is required to perform structural
analyses to ensure their equipment will not exceed a tower's weight and wind loading
capabilities. Some felt a proliferation of hardware would adversely affect aesthetics, while
others would not support the tower without assurance it would serve more than one or
two carriers. In response to a question about colocating cellular equipment on power
poles, Ms. Amato said such installation would cause a great amount of electrical service
loss during the time of installation. In response to a question, she said the subject location
is green space within the Kenyon boat sales and lease area. She thought the area was
fenced to keep intruders out of the lot.
No verbal or written support was expressed.
Glenn Grenier, adjacent property owner, strongly opposed a utility facility transmission
tower in the area, agreeing with staff's concerns the size, scale, mass and appearance of
the structure are not compatible with the neighborhood. He submitted a petition with 46
signatures, reiterating the above concerns. He stated many people did not know of the
proposal because of the inadequacy of the City's public hearing notification process. He
felt affected property owners should be notified by certified mail. He complained, if the
advertising had specified the application was for a 100 foot tower, many more people
would have appeared to object. He stated today's presentation was too vague, and gave a
false impression of the potential impact to the abutting neighborhood. He noted other
communities have declared moratoriums on new tower proposals, and felt an industrial
location would be more appropriate for this use. He complained of the poor condition of a
fence on the subject property. In response to a question, he explained the location of his
home in relation to the proposal.
Susan Rosetti, FDOT representative, stated she was present to address Item C6,
below, but became concerned during earlier discussion of falling towers. Due to its
proximity to US 19, she wanted 1000% assurance the proposed tower will not fail.
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Ms. Amato responded to the opposition, stating she was not aware of a problem with the
fence, but will take it up with the landlord. Regarding height concerns. she profiled wireless
communication history. stating heights are decreasing. She agreed many other sites exist, but
the subject property is in a commercial area. She indicated APT has been in business for some
time, and have four other sites in Clearwater where equipment is located on rooftops or
existing towers. This is the last site needed to complete coverage in Clearwater. She
explained specifications exist to determine how a tower is designed to fall safely, if it does fail.
She pointed out the location is far enough from US 19/ that it could not hit the road, even if it
fell straight from the base.
Vern Piper, APT design engineer for the Clearwater, St. Petersburg, and Tarpon Springs
area. explained their objective is to have seamless coverage with as few towers as possible.
They have demonstrated their sensitivity to public issues by locating most of the necessary
equipment on existing structures. He explained telecommunication towers siting requirements,
stating it is unfortunate that there is not a great demand for cellular service in the remote
industrial locations where the objectors would prefer to locate the towers. He elaborated on
the range of the coverage that can be achieved from the proposed location.
Mr. Grenier raised additional concerns about lightening safety, high winds, flocking birds,
and noise. He referred to a tower in Largo that experienced structural damage recently. He
fatt the applicants are avoiding full disclosure regarding details of the project and how it will
affect neighborhood appraisal values. He thought the tower could become an advertising
gimmick for Kenyon.
Ms. Amato responded a lightening protection system will be included to protect the more
than a quarter-million dollars worth of electronic equipment on the tower. She reiterated the
tower wlll generate no noise and nothing can be done about birds. She pointed out the tower
in largo did not fall, but bent because it was 10 to 15 years old and in need of maintenance.
With the current design and materials, she did not feel the concern about falling is valid. She
indicated moratoriums were declared in other communities, not because of any imminent
danger, but to allow time to address these issues from an industry standpoint, and create
regulations to protect their communities. She did not feel Kenyon has any intention of using
the tower for advertising. Sh'e requested the board focus on the land use issue, stating APT
has been a good neighbor in the community.
In response to questions, Mr. Piper stated he could reduce the height to 75 feet, but two
towers and another site would be needed to achieve the same coverage. The proposed angle
iron lattice tower is designed to colocate other carriers' equipment. He reiterated additional
carriers would need to calculate wind loading based on their height needs, reinforcing the
structure as necessary. He repeated the range of coverage and other colocation factors. In
response to a question, he indicated a higher tower would not necessarily enable more
coverage, due to capacity issues. While he could not predict how many subscribers they will
have in the future. he indicated once the proposed tower is built, capacity to meet future needs
could be obtained by adding antennae, making it unnecessary to build additional towers.
Member Bickerstaffe moved to deny Item C4, CU 96-50, as inconsistent with standards
for approval #5 and #7/ and to refer it to the City Attorney's office for written findings. The
motion was duly seconded and carried unanimously.
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Jean Saliba stated he bought the business three months ago and is requesting
approval to sell beer and wine.
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C5. frC\nk C. & Vania W. Brin~on/ShoD N GQ Food Market of Clearwater to permit package
sales of beer and wine (business ownership change) at 1760 Drew St., WoodmerB
Heights. lot 31, zoned CG (General 9ommerciaU. CU 96-52
Ms. Glatthorn presented written background information, stating the request seems
appropriate and should not negatively impact surrounding properties. Staff recommended
approval with three standard conditions plus conditions to restripe the parking lot, and
install a six foot wood fence buffering the adjacent residential area to the north.
Don Brinson, the property owner, spoke on behalf of the business owner. Mr. Brinson
responded to questions regarding conditions on the subject property. He stated a
previously existing six foot wood fence fell dQwn prior to his purchase of the property,
leaving the fence posts standing. He said the surrounding commercial property owners do
not want the fence put back because it restricts foot traffic to their businesses. He stated
he thought the restriping had already been done. Ms. Glatthorn provided clarification
regarding the extent of the fence staff is requesting. She stated, if it is determined the
surrounding property owners do not want the fence, the posts must be removed.
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Member Kunnen moved to approve Item C5, CU 96~52, 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; 3) Hours of operation shall be limited to: 6:00 a.m. to 11 :00 p.m.
weekdays and 6:00 a.m. to 12:00 midnight on weekends; 4) A six foot high wood fence
shall be installed along the west side property line within one month from the date of this
public hearing OR the applicant shall obtain and submit letters from the adjacent property
owners expressing their opposition to the fence, in which case the existing fence posts
shall be removed within one month from the date of this public hearing; 5) The parking lot
shall be striped and maintained as shown on the site plan subject to approval by Traffic
Engineering and verification by staff. The motion was duly seconded and carried
unanimously.
eG. Florida OeDartment t,lf TransDortation to permit (1) outdoor retail sales, displays and/or
storage; and (2) vehicle sales at 21466 US 19, Campus Walk Sub, Lot 2B, See 18-29-
1 6 M&B 11.01. zoned CH (Highway Commercial!. CU 96-53
Ms. Glatthorn presented written background information. The City's Community
Response Team and Building Official have expressed concerns about numerous City Code
and Building Code violations on the site, including nonconforming electrical and sewer
connections to an inhabited travel trailer. Concerns were expressed the proposed range of
outdoor displays has the potential to create a negative visual impact at this high visibility
intersection of US 19 and Drew Street. Staff recommended denial, indicating the request
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does not appear to support community goals in terms of aesthetics, land use compatibility,
maintenance of surrounding property values, nor the spirit and intent of the Land
Development Code. 1f approved, staff recommended eight conditions.
GUbert Jannelli, authorized representative, stated the State bought the property from
Texaco in preparation for the future Drew Street overpass of US 19. He stated he worked
with staff to develop the proposed conditions of approval. He clarified he is not seeking to
combine the requested uses, but when the outdoor display of merchandise is gone, he
would like the opportunity to use the property for recreational vehicle and car sales. He
pointed out approval would allow use of the property to produce tax income for the City
and provide six to eight jobs, rather than .letting the property sit vacant while waiting for
the FOOT improvements. He requested approval with amendments to conditions #5, #6,
and #8. Ms. Glatthorn said she had indicated to the applicant the board would consider
modification of the recommended conditions, at their discretion.
Mr. Shuford reiterated staff recommended denial, due to the high incidence of traffic
accidents at this intersection. It was felt large outdoor displays will unduly distract
motorists. He expressed concern the applicant has not submitted a site plan, and
emphasized the importance of delineating any outdoor display area clearly on a plan. Mr.
Jannelli submitted a sketch of the site with the proposed outdoor display area highlighted.
to extend approximately 8 to 10 feet out from the canopy. Mr. Shuford could not concur
without a scaled site plan.
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Discussion ensued regarding the proposal. While the majority agreed with realizing a
return on the property, concerns were expressed with the lack of aesthetics and property
maintenance. It was indicated having someone live in the travel trailer for security is not
appropriate. Consensus was the property could and should be brought up to code quickly
with minimal expenditures. Discussion ensued regarding site lighting.
David Campbell, citizen, spoke in opposition to approval, stating FOOT should install
traffic barricades similar to those in use at other locations. He advocated bringing the site
up to code immediately. If approved, he requested restricting outdoor sales to the area
under the canopy. One photograph was submitted, showing an outdoor display of
merchandise behind the Kmart store at US 19 and SR 580.
Susan Rosetti, FOOT property administrator, stated she is responsible for overseeing
about 400 leases associated with road improvement projects. She indicated every effort is
made to ensure the properties are maintained, but they can only be mowed once a month
'because of limited funding. She has worked with ,Geri Doherty of the City's Community
Response Team, and fully supported staff conditions to bring the property into compliance
and make it attractive. While some members felt the request should be approved as
requested, others felt it should be limited to one use. Ms. Rosetti stated she has heard
good things about Dr. Jannelli and hoped he will be allowed to use the property in
compliance with staff's recommended conditions. She responded to questions regarding
FOOT property ownership issues.
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Inspections Specialist Geri Doherty stated she has monitored conditions on the site
since the pottery sales started. She submitted a report containing Community Response
Team comments and photographs of conditions on the subject property during the past six
months. While most of the violations have been brought into compliance, concerns
continue regarding parking, traffic flow and property address numbers.
A question was raised regarding the dumpster requirement for the subject property.
Mr. Jannelli said he has two dumpsters on site, but is having problems getting them
serviced by the Solid Waste division. One member felt the condition of the property is
solely the responsibility of FOOT and questioned whether the City can clean it up and bill
the State.
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Member Bickerstaffe moved to approve Item CG. CU 96-53, subject to the following
conditions: 1 ) The applicant shall obtain the requisite building permit, certificate of
occupancy and occupational license within two 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) The applicant shall submit
a site plan drawn to scale and drawn in such a way as to allow onwsite impacts to be
reasonably evaluated and satisfactorily addressed prior to issuance of an occupational
license; 4) All City landscaping, parking and access requirements shall be met to the
satisfaction of the Engineering Department prior to the issuance of the occupational
license; 5) Displays shall be limited to the area immediately around the building and under
the canopy as shown on the page labeled "SUGGESTED DISPLAY AREA"; this area should
be fenced and clearly marked on the site plan prior to the issuance of an occupational
license; 6) Vehicle sales, storage and displays shall not be permitted; 7) All building code
and land development code violations on this site shall be corrected prior to issuance of
the occupational license; and 8) Approval shall be for a period of not more than two years
from the date of this public hearing. The motion was duly seconded. Members Keyes,
Nixon. Bickerstaffe. and Kunnen voted "AVell; Members Merriam and Baron voted "Nay."
Motion carried.
C7. Twentv Island Way. Inc. (The Crab Housel to permit a restaurant serving alcohol
beverages with outdoor seating where the service area is located within 200 ft of a
residential zone at 20 Island Way, Island Estates of Clearwater, Unit 5, 81k C, Lot 2
and part of Lots 1 & 4, zoned CG (General Commercial). CU 96-54
Ms. Glatthorn presented written background information, stating the applicant
proposes to remodel an existing restaurant, adding a new entryway with ramps and stairs
on the east side, and an outdoor patio/cafe area on the southeast corner. It was indicated
the request seems appropriate, and should not negatively impact surrounding properties.
Staff recommended approval with four conditions, including one to limit hours of operation
as required by the board. Ms. Glatthorn noted several people, who wished to express
concerns about the hours of operation and potential noise from the outdoor seating, had to
leave due to the late hour.
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:--.., Andrew Slavin. authorized business representative. stated he is the Property
Development Manager for Landry's Seafood House ~ Florida, Inc. He was aware of
neighborhood concerns with the potential for noise from the outdoor seating area and
reassured the residents the restaurant will not have an outdoor bar. The outdoor seating
area is across IslAnd Way. more than 110 feet from the nearest residential building.
Consisting no more than 10 tables, the outdoor area will seat approximately 40. depending
on the season. climate, and inclination of the clientele. He said Landry's restaurants
typically see no more than 20% of alcoholic beverage sales and service will be limited to
10:00 p.m. on weekdays and 11 :00 p.m. on weekends. with an additional hour for
cleanup each night. He pointed out the conditional use is for outdoor seating, not alcoholic
beverages. It the restaurant did not serve alcoholic beverages, a conditional use for
outdoor seating would not be required.
A question was raised regarding the restaurant's concept and menu prices. Mr. Slavin
elaborated, stating the Crab House will have a casual family atmosphere. In response to a
question, he requested amendment of the condition prohibiting outdoor speakers, allowing
soft background music. He offered assurance they will not rock the neighborhood with
music. Discussion ensued regarding the acoustics of sound across water.
No verbal or written support was expressed.
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Ken Wadsworth -and Russell Sacks spoke in opposition, on behalf of Horizon House
and 51 Island Way property owners. citing concern with the potential for noise. Mr.
Wadsworth said the Quiet FM radio music played by previous restaurant owners from
ceiling speakers along the outdoor walkway was not a problem. He said he did not object
if the current operation follows a similar format. but he did not want music playing until
midnight. His main concern was with setting a precedent for outdoor service and not
being able to regulate what might go in that location in the future. Mr. Shuford stated the
board may choose to impose a condition limiting the conditional use to this particular
applicant. Mr. Sacks expressed concern with the location of the outdoor seating, pointing
out the adjacent sewage lift station and boat sanding and painting facility. He cautioned
the restaurant to take adequate safe food handling precautions.
Petitions with 30 signatures were submitted in opposition to serving food and alcoholic
beverages to the public in the open air, from residents of Horizon House and 51 Island
Way.
Mr. Slavin responded to the concerns, stating he feels he has a working relationship
with the neighbors. He was comfortable with a condition prohibiting live outdoor
entertainment, and reiterated they will not put in an outdoor bar. He agreed to restrict
music to the above stated hours of service, and said restaurant patrons will not be rowdy.
The outdoor seating is to be located on the opposite side of the restaurant building from
the boat maintenance operation. In response to a question, he said employees are trained
through the responsible vendor program. One member noted the small number of police
calls reported from this location, compared to the relatively large calls reported for
businesses in other neighborhoods.
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Member Bickerstaffe moved to approve Item C7, CU 96-54, 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) No outdoor entertainment shall be
permitted except for Quiet background music played no later than 10;00 p.m. nightly; 4}
Hours of operation arB limited to 10:30 a.m. to 11 :00 p.m. on weekdays; 10:30 a.m. to
12:00 a.m. on weekends; and 5) No outdoor bar shall be provided. The motion was duly
seconded and carried unanimously.
ca. Thomas A. & Frederic T. Nott (Fritz's Skate Shop) to permit outdoor commercial
recreation (skate rental) at 700 Cleveland St., Gould & Ewing's 2nd Addition, Blk 14,
Lots 6 & 7, zoned UC(C)2 (Urban Center (Core)). CU 96.55
Mr. Shuford presented written background information, stating the applicants' proposal
to rent in-lines skates to Pinellas Trail users and downtown commuters is a good use for
the area. Staff felt conditions support the request and recommended approval with two
standard conditions, plus three conditions regarding adequate sidewalk width, dumpster
screening, and no outdoor skateboards ramps. In response to a concern, Mr. Shuford said
the property will be reviewed for sign code compliance.
Brian Gardner, authorized business representative and store manager, outlined his
proposal to add skate rental to his current retail skate business. He has a portable launch
ramp that is sometimes used in a controlled area of his parking lot. He was not aware
before today that a citizen had complained about the ramp. He was familiar with
complaints that a particular group of skaters damage downtown streetscape features with
their skates. He noted much public attention and interest is attracted to his business when
these skaters are performing on his temporary ramp. He requested permission to continue
to use the ramp as a constructive outlet for them. Mr. Shuford acknowledged the issue is
subject to board debate, but staff review has indicated prohibition is the best means of
controlling unwanted skating activity on private property. Discussion ensued regarding the
need for a skate park to keep kids off the streets.
No verbal or written support or opposition was expressed.
Member Nixon moved to approve Item ca, CU 96-55, 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 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) The sidewalk area shall be marked to provide a minimum 5 foot
width for pedestrian areas; 4) The dumpster shall be screened with vegetation or a low
fence in a manner acceptable to the City Design Planner; and 5) Any outdoor skateboard
ramps shall be portable or temporary in design, shall not be left unattended, and shall be
taken inside at the end of the working day; and 6) Signage shall meet City code
requirements. The motion was duly seconded and carried unanimously.
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D. Annexation, Zoning, land Use Plan Amendment, Land Development Code Text
Amendment. and Local Planning Agency Review
01. (cant. from 10/1/96) 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. 23105 US 19 N, loehmann's Plaza, Lot 1,
Loehmann's Plaza Replat, Lots 1-3. (Wel-Mart Stores, Inc./Wendy's International,
Inc./Taheri Family Trust{Kinko's of Georgia, Inc./Brandon Nu-West Clearwater, Ltd)
Z 96-09 Zone: CPO (Commercial Planned Development)
Mr. Shuford presented written backgrQund information, stating this item was
continued from the previous meeting to enable the applicants to address site specific'
issues concerning access, concurrency, and the visual corridor to the Wal-Mart store from
US 19. These issues have been addressed as indicated in the site plan and staff
recommends endorsement.
Richard Harris, authorized representative, with Florida Design Consultants, addressed
the board on behalf of Wendy's. He stated they have been interested in getting back into
the Countryside area since their previous location was purchased by FOOT for stormwater
retention. He requested endorsement, stating a site plan configuration has been created
that satisfies Wendy's and City staff.
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Nicholas Contakos, adjacent residential property owner to the west, complained that
when Loehmann's Plaza was taken out, it was replaced by acres of asphalt, a building that
looks like a circus tent. a 24-hour operation with intrusive site lighting and outdoor storage
that must be protected by City police resources. He said the landscaping provided by Wal-
Mart was insufficient to ever provide an adequate buffer, and expressed concern a fast
food restaurant will add to the confusion. He submitted a photograph of his view of the
Wat-Mart store from across the 500 foot Florida Power easement. Mr. Shuford stated
Environmental Management, was satisfied with the augmented landscaping plan and
suggested a condition for staff to continue monitoring the landscaping, He will ask the
Community Response Team to investigate the complaint about commercial site lighting
shining onto residential property. Discussion ensued regarding landscaping materials that
would provide a better visual buffer.
Mr. Harris responded, when Wal-Mart was approved for 24-hour operation, 81 five to
six foot tall wax myrtles were installed as a condition of approval. The trees are fast
growing and should provide adequate buffering soon. One member asked staff to work
with the applicant about concentrating landscaping within the residents' field of view.
Member Kunnen moved to endorse Item 01, Z 96-09, to the City Commission with
direction to staff to: 1) Reexamine the landscaping along the western boundary for
adequacy in visually screening the subject property from the residential area to the west,
and 2) Examine existing site lighting to determine whether or not it meets the conditions of
previous approval. The motion was duly seconded. Members Keyes, Nixon, Merriam,
Baron and Kunnen voted "Aye"; Member Bickerstaffe voted ItNay." Motion carried.
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02. (Cant. from 10/1/96 for advertising) Ordinance 6092-96 of the City of Clearwater,
Florida. 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 Distirct; providing an
effective date.
Mr. Shuford explained this item was endorsed to the City Commission at the meeting
of October 1, 1996, as amended in Section 49.544. changing "permitted" to "allowed."
The item appears on today's agenda for advertising purposes. No action was taken.
03. Ordinance 6093-96 of the City of Clearwater, Florida, relating to the land
Development Code; amending Section 41.053. Code of Ordinances, to establish
additional supplementary conditional use permit standards consistent with the Pinellas
Planning Council Rules; providing an effective date.
Mr. Shuford presented written background information. stating this amendment is
needed to make the high tech manufacturing ordinance fully consistent with Pinellas
Planning Council rules. Staff recommended endorsement.
Member Merriam moved to endorse Item 03, Ordinance 6093~96. to the City
Commission. The motion was duly seconded and carried unanimously.
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04. Ordinance 6100-96 of the City of Clearwater, Florida. relating to the land
Development Code; amending Section 41.221 to allow outdoor cafes in the
Public/Semipublic and Open Space/Recreation zoning districts on Clearwater Beach;
providing an effective date. .
Mr. Shuford presented written background information, stating this amendment will
allow an existing restaurant at the City Marina to have an outdoor cate with relaxed
. parking requirements, similar to most other beach zoning districts. Staff recommended
endorsement.
Member Nixon moved to endorse Item D4, Ordinance 6100-96, to the City
Commission. The motion was duly seconded and carried unanimously.
05. (cont. From 10/1/96) Ordinance 6091-96 of the City of Clearwater. Florida. 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.
Mr. Shuford stated staff is requesting a two-meeting continuance to sufficient time to
prepare the amendments requested by the board at the last meeting.
Member Kunnen moved to continue Item 05, Ordinance 6091-96 to the meeting of
November 19, 1996. The motion was duly seconded and carried unanimously.
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Board and Staff Comments
Discussion resumed regarding site lighting regulation. Member Kunnen asked Member
Nixon to clarify in writing her concerns about site lighting issues. Ms. Dougall.Sides
suggested submitting such a documents in memo form for the next agenda packet.
Member Keyes announced this is his last meeting and he was sorry to be leaving the
board because he has enjoyed his three years of service. He expressed gratitude to
Central Permitting staff for their professionalism, courtesy. and friendliness. stating they
can serve as a model for other cities. He hoped his replacement will receive the same
helpful introduction to board service that Mr. Keyes received from other board members.
Member Nixon appreciated Mr. Keyes as an advocate and opponent, proving that board
members can disagree on issues and still have a good relationship. Member Merriam said
Mr. Keyes has been a good chair. Mr. Shuford expressed appreciation for three years of
service as a member and chair. the sense of humor and valuable perspective Member
Keyes has contributed to the board.
Adjournment
The meeting adjourned at 7:30 p.m.
Attest:
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