11/05/1996 (2)
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PLANNING & ZONING BOARD MEETING -- ACTION AGENDA
Tuesday, NovemberS, 1996
Call To Order, Invocation, Pledge of Allegiance
Minutes Approval.. October 15, 1996 -- Approved as corrected bV staff
C. Conditional Uses
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C1. (Cont. from 10/15/96) Society of St. Vincent de Paul of UODer Pinellas 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, 1341 &. 1345 Park St.,
Brookwood Terrace, Blk 6, part of lots 1, 2, 9~13 & N % vacated street 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: Approved subject to meeting all the standards for approval plus the following
conditions: 1 \ The applicant shall obtain the requisite building permit, certificate of
occupancy and occupational license within nine 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, and additional lighting will be installed to better illuminate the perimeter of the site
adjacent to non-residential areas prior to issuance of the requisite occupational license;
3) A sidewalk interconnection to Cleveland Street shall be constructed to reduce
pedestrian traffic in surrounding residential areas; 4} The residential shelter is only allowed
while the police substation and other referral services are provided at this location;
5) Approval shall be for a trial period of three years from the date of this public hearing,
after which a new conditional use permit review will be required for the residential shelter use;
6) Efforts shall be made on the part of the CHIP organization to contact specified neighborhood
representatives to coordinate and communicate issue5 and information on a regular basis; and
7) Fencing to the maximum height allowed by City code shall be installed on all sides of the
property to control site access prior to the issuance of a Certificate of Occupancy.
C2. -(Cont. from 10/1/96) The Home Depot USA, Inc. to permit outdoor retail sales,
displays and/or storage at 21870 US 19, The Clearwater Collection, 2nd Replat, part of
lot 1, zoned CPO (Commercial Planned Development). CU 96-48
ACTION: Continued to the meeting of November 19, 1996, for site plan amendments
C3. (Cont. from 10/1/96) 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&8 24.06, zoned CG (General Commercial). CU 96-51
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) Subject to approval by the Traffic Engineer, the plan shall be
revised to include five additional handicapped parking spaces; and the "motorcycle and
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compact parking" note shall be removed from the plan; 4) There shall be no outdoor
speakers (existing or proposed) for the entire site; and 5) Exterior landscaping shall be
installed along Shelly Street, in accordance with City Code.
C4. Robert D. Veurink/Stanlev V. Urbanik/Julian S. Weiss (Old Clearwater Bay
Community Policing Substation) to permit public safety facilities (police substation)
at 1217 N. Ft. Harrison Ave, Enghurst Add to Clearwater, Lots 6 & 7, zoned CI
(Commercial Industrial), CU 96-56
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite building permit(s) and certificate of occupancy within six months from the
date of this public hearing; and 2) All site lighting shall be equipped with a 900 cutoff
mechanism, with the light being directed downward and away from adjoining residential
properties and street rights.of-way prior to issuance of the requisite occupational license.
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C5. J & Soohia Karas (Convenient Store) to permit package sales of beer and wine (change
of business ownership) at 1881 Drew St., Skycrest Unit 5, 81k F, Lots 1 & 2, zoned
CG (Commercial General). CU 96-57
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) The hours of operation shall be Monday through Friday 7:00 a.m,
to 10:00 p.m., Saturdays 8:00 a.m. to 10:00 p.m., and Sundays 8:00 a,m. to 9:00 p.m.;
and 4} The business owner shall keep the property free of trash and debris on a daily basis.
CG. Ida Carelli. TRE to permit outdoor retail sales, displays, and/or storage at
14 N lincoln Ave, Padgett's Estates Sub, Lot 1, and part of Lot 2, zoned
UC(E)(Eastern Corridor). CU 96-58
ACTION: Approved subject to the following conditions, with #1 through #5 to be met
within six months from the date of this public hearing: 1) The applicant shall obtain the
requisite building permit, certificate of occupancy and occupational license; 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) All chain-link fencing shall pe screened
with oleanders planted every 2.5 feet, with the exception of the existing 18 foot roll gate
entrance; 4) Storm water retention must be constructed to meet City Code; or cash in lieu
of storm water requirements pursuant to City Code, subject to approval by the City
Engineer; 5} All parking spaces shall be striped according to City Code; 6) All boats shall
be stored at the existing grade level; no vertical "stacking" of boats shall be permitted:
Fire truck access shall be maintained.
C7. Anna & Terry Tsafatinos/Club Vibrations. Inc to permit nightclubs, taverns, and bars at
22 N Ft Harrison Ave, Earle & Tate's Sub, part of Lots 12 & 13, zoned UC(C)(Urban
Center (Core). CU 96-59
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite building permit, certificate of occupancy and occupational license within six
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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
ca. James R. HarDer (Mel & Ed's Glass/Showcase Interiors) to permit vehicle service (auto
glass & upholstery) at 1724 Drew St" Drew Manor, Lots 1 & 46, zoned CG
(Commercial General) & RM 12 (Multiple Family Residential). CU 96-60
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 of automotive parts or
automotive related appurtenances; 4) There shall be no major vehicle service activities
such as auto body repair, transmission repair. compressor noise, odors, or vibrations:
5) The applicant shall install and maintain a 6 foot high opaque fence to screen the
proposed vehicle service from the abutting residential uses to the north within six months
from the date of this public hearing; and 6) The parking lot shall be resurfaced and
restriped as indicated on the plan within six months from the date of this public hearing.
D. Annexation, Zoning, land Use Plan Amendment, Land Development Code Text
Amendment, and local Planning Agency Review
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01. Request for Annexation and Zoning Atlas amendment of the City of Clearwater for
3081 Cleveland St., See 16-29-16, M&S's 22.32 & 22.37 (City of Clearwater).
A 96-27 Zone: RS 8 (Single Family Residential)
ACTION: Endorsed to the City Commission
02. (Cont. from 10/1/96) Request for Land Use Plan and Zoning Atlas amendments of the
City of Clearwater for property located at 1331 Cleveland Street, Brookwood Terrace
Revised, Blk 6, Lots 3 thru 8, part of Lots 1 & 2, 9 thru 13 and N Vi vacated street.
(Jami AI Salam Inc.) Z 96-10; lUP 96-05
ACTION: Endorsed to the City Commission
03. Ordinance 6106-96 of the City Of Clearwater, Florida, relating to the Land
Development Code; amending Sections 35.11, 40.033, 40.042, 40.063, 40.083,
40.103, 40,123, 40.133, 40,143, 40.163, 40.183, 40.203, 40.223, 40.243,
40.283, 40.303, 40.543, Code of Ordinances, to define Public Education Facilities
and to allow Public Education Facilities as a permitted use in the Single-Family
Residential "One" District, Single-Family Residential "Two" District, Single-Family
Residential "Four" District, Single-Family Residential IISixll District, Single-Family
Residential "Eight" District, Multiple-Family Residential "Eig~lt" District, "Multiple-
Family Residential "Ten" District, Multjple~Family Residential "Twelve" District,
Multiple~Family Residential "Sixteen" District, Multiple-Family Residential "Twenty"
District, Multiple~Family Residential "Twenty-Four" District, Multiple~Family Residential
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"Twenty-EightH District, Mobile Home Park District, Limited Office District, General
Office District, and Public/Semipublic District; providing and efte.ctive date.
ACTION: Endorsed to the City Commission
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04. Park Place - Notice of Proposed Change (NO pel ; Park Place Land, L TO. (Owner);
, Tim Johnson (representative)
ACTION: Endorsed to the City Commission
Board and Staff Comments -- Discussion
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1. Review and approval of the board's order from the meeting of October 15, 1996.
Kenvon Dodae. Inc. to permit a utility facility (tFansrt;lission tower) at 19660 US 19,
See 19-29-16, M&B's 11.05, 11.061 and 11.06, zoned CH (HighwayCommercial).
CU 96-50
ACTION: Approved as submitted
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Adjournment -- 7:28 p.m.
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
November 5, 1996
Present:
Brenda Harris Nixon
Edward Mazur
Kemper Merriam
Robert D. Bickerstaffe
Bernie Baron
Frank Kunnen
Douglas Hilkert
Scott Shuford
Leslie Dougall-Sides
Sandra Glatthorn
Lou Hilton
Gwen Legters
Acting Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
Central Permitting Director
Assistant City Attorney
Central Permitting Manager
Senior Planner
Board Reporter
To provide continuity, items are listed in agenda order although not necessarily
discussed in that order.
The meeting was called to order by the Acting Chair at 2:00 p.m. in City Hall, followed
by the Invocation and Pledge of Allegiance. Meeting procedures and the appeal process
were outlined. New member Douglas Hilkert was welcomed to the board.
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Minutes Approval -- October 15, 1996
Member Merriam requested clarification in the second paragraph on page four. Staff
corrected the third sentence to read, "... the police substation will not be built without the
shelter. H
Central Permitting Director Shuford requested minutes review regarding conditions of
approval in case CU 96-53, for outdoor displays at Drew Street and US 19. He said
Dr. Jannelli requested clarification whether the board intended to allow vehicles sales, and
whether the area of outdoor displays was to be restricted to the area under the canopy.
Staff had understood approval was subject to the conditions as listed in the staff report,
including the prohibition of vehicle sales. He stressed staff has no effective means of
evaluating the request without an accurate site plan. Discussion ensued whether the
minutes accurately reflect the board's intent. By a show of hands, five members indicated
they understood vehicle sales are not allowed without a new conditional use application to
the Planning and Zoning Board. Two members who were not present at the last meeting
abstained from voting.
Member Merriam moved to approve the minutes as submitted, subject to correction of
the typographical error on page 4. The motion was duly seconded and carried
unanimously.
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C. Conditional Uses
C1. (Cant. from 10/15/96) Society of St. Vincent de Paul of UDDer 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, 1341 & 1345 Park St.,
Srookwood Terrace, Blk 6, part of Lots 1, 2, 9-13 & N y, vacated street 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 9646
This item was continued to investigate an alternate location and obtain more
information regarding density calculations. Mr. Shuford said staff researched four major
issues raised at the last meeting, summarizing the results, as follows: 1) Zoning Intensity. --
The proposed mixed use of police substation and residential shelter saturates the allowable
density so no future expansion is possible; 2) Prooertv Value Imoacts -- A five year history
of property values for properties within 1 ,000 feet of the subject property, showed no
clear indication the soup kitchen has had a significant negative impact;
3) Crime -- Research showed a substantial decrease in crime in the vicinity of homeless
centers in Orlando and Jacksonville; and 4) Comprehensiveness of Aporoach -- Pinellas
County uses a decentralized method of locating shelters throughout the County to avoid
overburdening any specific area. Staff felt conditions support the request and
recommended approval with four conditions.
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Due to the controversial nature of the case, a question was raised whether members
absent from the previous hearing may vote on the request today. Ms. Dougall-Sides
responded absence would not prohibit a member from voting as long as the member was
provided opportunity to review the minutes and background information packet. Because
the public portion of the hearing had been closed prior to continuance, a question was
raised whether the board wished to reopen the hearing to public comment, or receive the
requested responses from the applicant alone.
Member Mazur moved to reopen Case CU 96-46 for public comments. The motion
was duly seconded and carried unanimously.
Clearwater Police Chief Sid Klein spoke on behalf of the Clearwater Homeless
Intervention Project. He expressed concern regarding two issues he wished to note for the
record. He stated Member Bickerstaffe's comment at the previous hearing, referring to
homeless persons as muscle-bound gorillas, clearly shows a bias. Chief Klein submitted a
document reflecting Mr. Bickerstaffe's involvement as a consultant to Clearwater Flying
Corporation, owned by Dr. Gilbert Jannelli, one of the property owners contesting the
conditional use application. Chief Klein felt such an association constitutes an ethical
conflict of interest and asked Mr. Bickerstaffe to recuse himself from voting on this issue.
Ms. Dougall-Sides indicated, based on the facts heard today, she did not consider this
matter a legal conflict of interest under Florida Statutes. Member Bickerstaffe responded
his comments were directed at seasonal street people who choose not to work, but travel
here every winter to "vacation" in Florida's mild weather at taxpayers' expense. He said
he intended no antagonism and felt the community should help full time residents who
need assistance. He declined to recuse himself from voting.
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Referring to the document submitted with the staff report, Chief Klein reiterated the
issues and conclusions as reported by Mr. Shuford. He said downtown Clearwater has
experienced a significant decrease in crime due to measures taken at the St. Vincent de
Paul soup kitchen. CHIP has worked with Pinellas County comprehensively for three years to
follow a planned five-year strategy to locate shelters throughout the County. He stressed the
proposed shelter will be strictly tailored to provide homeless intervention. The proposal meets
or exceeds the standards for approval of a conditional use and is a good start toward improving
conditions existing around the soup kitchen. This shelter is the planned replacement for a
temporary shelter that has operated without complaint since it was approved by the board. He
asked the board to focus on the need for the shelter.
Chief Klein responded to questions and discussion ensued regarding a single room
occupancy program, funding for the proposed police substation, and how to ensure the
substation will remain open once the three-year COPS grant expires. Discussion continued
regarding shelter tenancy requirements, alternatives when capacity is reached, and the
proposed client registration process. In response toa question, Chief Klein affirmed
misdemeanor crimes in the area increased when the soup kitchen opened, but that situation
would: be eliminated by taking the offenders off the streets. Discussion ensued regarding
history of Chief Klein's involvement with the task force created to study this issue. Concern
was expressed the proposal leaves no room for expansion to accommodate a clearly growing
need. The applicant was strongly urged to consider another location where the surrounding
uses and the zoning are more compatible with a homeless shelter. Brief discussion ensued
regarding reasons for the crime rate decrease on a neighboring convenience store property.
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One person spoke in support of the application, stating the focus has been steered away
from the real issue. The shelter is not the problem, but the solution to the problem caused by
soup kitchen visitors, Putting a shelter a mile or two away from the soup kitchen will not solve
existing problems in the: residential and commercial areas. One letter from the soup kitchen
President was submitted in support, citing additional details about the proposed shelter.
Fifteen persons spoke in opposition to the application, reiterating many concerns expressed
at the previous hearing regarding the adverse impact on the business and residential
community. Additional concerns were cited as follows: 1) a financial institution has delayed
financing a local property purchase pending the decision in this case; 2) fears of life
endangerment; 3) difficulty selling tourist related businesses; 4) business vehicle trespass,
vandalism, and fears of robbery; 5) transients bypassing the registration process;
6) trespassers, illegal activities, and personal belongings hidden in bushes on nearby residential
properties endangering the health safety and welfare of neighborhood children; 7) request for
more complete statistics regarding declining property values and numbers of people fed during
the winter; 8) an organizational effort may be underway to relocate the soup kitchen;
9) request for a three year trial period, if approved, to ensure the police substation remains
after grant funding runs out; 10) sufficient appropriate use exists on the subject and
surrounding properties; 11) frequency and numbers of soup kitchen meals served to more than
180 people daily; 1 2) actual versus assessed property values; 1 3) property owners cease to
report crimes experienced frequently and/or repeatedly over a long period of time, affecting
accuracy of the police calls reports; 14) problems have quadrupled since the soup kitchen
opened; 1 5) more homeless people will come to the area if they know they may find a place to
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sleep; 16) insufficient parking, vehicular and pedestrian access; 17) many street people choose
to be homeless and are creating another welfare generation; 181 proposed shelter zoning and
the inappropriate location next door to a bar; 19) Chief Klein may have a financial conflict of
interest because he stands to get more police officers; 20) seniors must board up windows to
feel safe in their homes and are not able to sell their businesses and retire; and 21) a central
approach would better contain the objectionable behaviors. Nine letters, two handouts and
two petitions containing approximately 38 signatures, were submitted in opposition to the
request, restating the above concerns. One photograph was submitted showing debris,
bedding, and waste on a sidewalk outside a commercial property. An Associated Press
newspaper article reported Justice Department grants funded many additional Florida police
officers who only appear on paper.
One supporter spoke in rebuttal, stating not all of the 180 people fed daily at the soup
kitchen are homeless, He reiterated the shelter and the police substation are the solutions, not
the problems.
Six objectors spoke in rebuttal, restating many earlier concerns plus the following:
1) problems persist despite frequent police visits to the soup kitchen; 2) The location is not
appropriate and 48 beds are not sufficient; 3) Reverse discrimination is being practiced against
the taxpayers; and 4) funding is not in place to continue the operation after the first three
years.
Chief Klein issued a final statement and responded to questions from the board. He felt a
three year trial period is an acceptable compromise. He said, if the situation does not turn
around and the crime rate does not decrease, the shelter and police substation can be closed.
He reiterated the property owners have met or exceeded every standard for approval for
conditional use of their land. Regarding proof the use will not be detrimental to assessed
values. he noted no negative pattern exists, but he cannot predict the future. He discussed the
crime rate, hours of operation, and shelter supervision. Police otticers will staff the shelter
during peak hours, and cover the streets where they are needed the rest of the time. He asked
the board not to focus on what can be accomplished by six new officers. but how they will
supplement the policing community on duty around the clock. In response to questions it was
indicated a full review of the case would occur at the end of any trial period. Chief Klein said
the three years' Federal funding is not contingent upon the officers, but is intended to build the
shelter.
Public discussion was closed and board discussion ensued.
One member said the issue is not the combined use, but how the proposed use will impact
surrounding property. The property owner has met the burden of showing the impact on
surroundings and the potential benefit to the communitY. The shelter would be making a huge
commitment by risking their operation on a three year trial period.
One member suggested more perimeter lighting, no trespassing signs, a public relations
committee to ease tensions with neighbors, and adequate sidewalk lighting. If one person gets
a fresh start from the facility, the project will be worthwhile because how we deal with our
homeless is important.
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One member said voting against the proposal would leave the area as it is, while voting in
favor WQuld increase police presence in the area.
One member said the decision must be based on whether the applicant has shown the
standards of approval are met. The applicant' has not shown the use will have no detrimental
effect, or that a benefit will result. A question was raised regarding how the property value
percentages are obtained and whether the numbers are accurate. if property ownsrs give up
reporting crimes after a while.
One member said surrounding property own~rs should not be asked to set aside their
potential for increase in favor of people who contribute nothing to the community. The
proposal has not had sufficient long range planning, the site is too small, and the use is not
compatible with surrounding uses. The existing police force can and should take care of the
existing problem without a shelter.
One member said the applicant has met the burden of proof and called for a motion, The
organizations involved have a lifelong commitment to dealing with the homeless issue and, with
proper oversight, will be able to make a positive impact.
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One member said it is difficult to vote because of acquaintance with Chief Klein and many
hombless people. 'Concern was expressed a banker was withholding financing pending a
decision on the shelter. Reference was made to a nightclub in Morningside the City had to
purchase and close because it was a nuisance to the adjacent residential community.
Concerns were expressed with accepting a Federal grant and subjecting the neighborhood to a
project that the City might have to purchase after three years. It was suggested to consider
building a police substation alone.
General discussion ensued regarding the issues. Mr. Shuford said staff's research
indicated crime goes down when a comprehensive approach is taken. Since crime and
property devaluation are linked, logic would indicate going forward with the plan would not
substantially negatively impact surrounding property values. One member felt it likely the
shelter and police presence will alleviate crime enough to encourage an upward trend in
property values. Another member did not agree and was not willing to risk' someone else's
property values based on the assumption fencing will solve the problem. It was felt the fears
and concerns expressed by the majority of those speaking in opposition are valid and should be
considered, unless it is clear benefits exist of which surrounding property owners are unaware.
One member pointed out the complaints were associated with the soup kitchen operation. The
board has no way to judge the proposed facility because it has no history in the community.
One member said those who created the mess shown in the photograph are hard core
homeless people who are not seeking public help and are not likely to sign up for rehabilitation
or detoxification programs. Those who want assistance traditionally seek help from existing
supporting agencies, like churches, for temporary lodgings or food. It was indicated many
more than 48 people are in need of help and concern was expressed with attracting more
people than can be accommodated. It was felt the registration procedure and rules of behavior
will be sufficiently strict to discourage any who do not wish to improve themselves.
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Member Kunnen moved to approve Item C 1, CU 96-46, subject to meeting a/l the
standards for approval plus the following conditions: 1) The applicant shall obtain the
requisite building permit, certificate of occupancy and occupational license within nine
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, and additional lighting will be installed to
better illuminate the perimeter of the site adjacent to non-residential areas prior to issuance
of the requisite occupational license; 3) A sidewalk interconnection to Cleveland Street
shan be constructed to reduce pedestrian traffic in surrounding residential areas; 4) The
residential shelter is only allowed while the police substation and other referral services are
provided at this location; 5) Approval shall be for a trial period of three years from the date
of this public hearing, after which a new conditional use permit review will be required for
the residential shelter use; 6) Efforts shall be made on the part of the CHIP organization to
contact specified neighborhood representatives to coordinate and communicate issues and
information on a regular basis: and 7) Fencing to the maximum height allowed by City code
shall be installed on all sides of the property to control site access prior to the issuance of
a Certificate of Occupancy.
Some felt fencing is needed to restrict pedestrian access through residential areas.
Others felt fencing provides hiding places tor criminals. The majority of the board did not
support a condition to provide 24-hour on.site security personnel at the shelter. Concern
was expressed the supporters are grasping at a solution and misapplying it. It was
indicated conditions are intended to mitigate any adverse effects that might occur, which
is not possible due to the human element in this case.
The motion was duly seconded. Members Merriam, Baron, Kunnen, and Hilkert
voted "Ayetl: Members Nixon, Mazur, and Bickerstaffe, voted "Nay." Motion carried.
The meeting recessed from 5:17 to 5:30 p.m.
C2. (Cant. from 10/1196) The Home DeDot 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 this application was
continued for the applicant to provide information about the ownership and shared
vehicular access of the area behind the store, dimensions, and parking information. The
requested information is included in the board's packets. The City Traffic Engineering
Department will work with the applicant to route vehicular traffic outside the loading area.
Staff felt conditions support the request and recommended approval with four conditions.
John Shem, authorized representative, stated staff's recommended conditions are
acceptable. One board member expressed concern he had witnessed unacceptable
conditions on the subject property and wished to ensure adequate access to pedestrian
walkways and two-way vehicular access is provided. Mr. Shem responded to lengthy
questioning regarding parking calculations, site configuration, facilities and access, fire
lanes, reciprocal parking agreement with surrounding property owners, freight loading,
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delineating and enforcing outdoor storage and display areas. tractor/traller parking, and
pedestrian and vehicular ingress/egress areas. Mr. Shem said parking will be reconfigured
to eliminate spaces no tonger needed to meet current standards, making the remaining
parking more functional. The outdoor storage is primarily seasonal, five foot walkways will
be clearly marked, and merchandise will not exceed the marked boundaries. He indicated
it would serve no purpose to block pedestrian areas. as Home Depot is in business to
satisfy customers.
No verbal or written support or opposition was expressed.
Member Merriam moved to approve Item C2, CU 96-48, subject to four conditions as
recommended by staff. The motion was duly seconded. Concerns were expressed the
site plan does not accurately address delineation of outdoor display areas, truck parking,
and safe freight handling in fire lanes and common areas. Discussion ensued regarding
outdoor storage and display at other retail establishments, and how to condition the motion
to clarify the site plan. The seconder rescinded the second.
Member Bickerstaffe moved to continue Item C2, CU 96-48, to the meeting of
Novembsr 19, 1996, for site plan amendments. Members Nixon, Mazur, Bickerstaffe.
Merriam. Baron, and Kunnen voted "Aye"; Mem ber Hilkert voted "Nay. t1 Motion
carried.
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C3. (Cant. from 10/1/96) 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 this application was
continued for the applicant to submit a revised plan showing the proposed new building in a
different location on the northeast corner of the site, and to address staff concerns about the
new location. The City Traffic Engineer reviewed the revised plan and made three
recommendations. Staff felt conditions support the request and recommended approval with
four conditions. In response to questions, it was indicated a condition prohibiting outdoor
speakers is standard when a commercial area abuts residential properties. Five additional
handicapped parking spaces are needed for code compliance.
Bill Adams, representing the applicant. said the proposal has been expanded to 5,340
square feet. He said the recommended conditions are acceptable. Board members felt
additional exterior landscaping is desirable.
No verbal or written support or opposition was expressed.
Member Bickerstaffe moved to approve Item C3, CU 96-51, 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) Subject to approval by the Traffic
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Engineer, the plan shall be revised to include five additional handicapped parking spaces;
and the "motorcycle and compact parking" note shall be removed from the plan; 4) There
shalf be no outdoor speakers (existing or proposed) for the entire site; and 5) Exterior
landscaping shall be installed along Shelly Street. in accordance with City Code. The
motion was duly seconded and carried unanimously.
C4. Robert D. Veurink/Stanlev V. Urbanik/Julian S. Weiss (Old Clearwater Bay
Community Policing Substation) to permit public safety facilities (police substation)
at 1217 N. Ft. Harrison Ave. Enghurst Add to Clearwater, Lots 6 & 7, zoned CI
(Commercial Industria\). CU 96-56
Mr. Hilton presented written background information, stating staff felt conditions support
the request and recommended approval with two standard conditions.
Robert Veurink, the owner/applicant was present the address the board. No verbal or
written support or opposition was expressed.
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Member Mazur moved to approve Item C4, CU 96-56. subject to the following
conditions: 1) The applicant shall obtain the requisite building permit{s) and certificate of
occupancy within six months from the date of this public hearing; and 2) All site lighting
shall be equipped with a 900 cutoff mechanism, with the light being directed downward
and away from adjoining residential properties and street rights-ot-way prior to issuance of
the requisite occupational license. The motion was duly seconded and carried
unanimously.
C5. J & SODhia Karas (Convenient Store) to permit package sales of beer and wine (change
of business ownership) at 1881 Drew St.. Skycrest Unit 5, Blk F, Lots 1 & 2, zoned
CG (Commercial General). CU 96-57
Mr. Hilton presented written background information, stating a similar request was
approved in February, 1996. A new application was necessary due to a death in the family.
Staff did not feel the request will negatively impact the school within 500 feet of the subject
property. as the business has operated for many years. Staff felt conditions support the
request and recommended approval with four conditions.
Raid H. Snan. authorized representative. said the grocery store has existed more than 30
years in the present location. He is the on site manager, and plans no changes.
No one spoke in support or opposition to the request. One letter in opposition cited
concerns with beer and wine sales in proximity to a private school.
Member Bickerstaffe moved to approve Item CS. CU 96-57. subiect 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) The hours of operation shall be
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Monday through Friday 7:00 a.m. to , 0:00 p.m., Saturdays 8:00 a.m, to 10:00 p.m., and
Sundays 8:00 a.m. to 9:00 p.m.; and 4) The business owner shall keep the property free
of trash and debris on a daily basis. The motion was duly seconded and carried
unanimously.
C6. Ida Carelli. TRE to permit outdoor retail sales, displays, and/or storage at
14 N Uncoln Ave, Padgetes Estates Sub, Lot " and part of Lot 2, zoned
UC(E)(Eastern Corridor}. CU 96-58
Mr. Hilton presented written background information, stating the subject property has been
used for outdoor storage of recreational vehicles for many years, Conditional use approval is
needed to store boats 28 feet or less. Staff indicated the proposed use may be compatible
with surrounding properties if recommended conditions are met regarding screening, fencing
and storm water retention, Discussion ensued regarding imposing a six month time limit for
conditions #1 through #5.
Art Glatt, representing the property owner, indicated he did not know opaque fencing was
required when he recently obtained his fence permit. He spent several thousand dollars one
month ago, enclosing' the subject property with six foot chain link fencing. He expressed
concern with staff's recommendation to remove the chain link fencing and asked if opaque
material can be added. He submitted nine photographs showing conditions on and around the
subject property.
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Board members expressed concern with the unaesthetic appearance of the fencing and
view presented by outdoor storage on the subject property. Discussion ensued regarding the
need for a dense landscaping buffer to screen the perimeter. Ouestions were raised regarding
stormwater retention requirements, One member argued with code requirements for payment
of a fee in lieu of stormwater retention. In response to a question, Mr. Glatt said his request is
for outdoor storage only. Retail sides are part of the category he does not intend to pursue.
One person spoke in support of the application, stating he parks his big trucks on the
subject property. The fence is needed for security, but making it opaque gives criminals more
places to hide. One letter in opposition cited a concern the requested conditional use would
contribute to the "downward" quality of the property
Discussion ensued regarding pros and cons of opaque fencing. Some members disagreed
with the logic of requiring payment of cash in place of stormwater retention and asked staff to
investigate the code. Mr. Hilton explained, when it is geographically impossible to build
necessary retention on a site, the applicant pays the City to build necessary retention farther
downstream. Ms. Dougall-Sides said, if retention is required by code, the applicant must
comply regardless of any conditions imposed by the board. .'
Board members stressed the need for a dense landscaping hedge outside the fence, if the
chain link remains. Certain members debated types of landscaping materials to require. One
supported oleanders, one did not. Some felt the recommendation should be left to City
Environmental staff.
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Member Bickerstaffe moved to approve Item C6, CU 96-58, subject to the following
conditions, with #1 through #5 to be met within six months from the date of this public
hearing: 1) The applicant shall obtain the requisite building permit. certificate of
occupancy and occupational license; 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) All chain-link fencing shall be screened with oleanders planted every 2.5 feet. with the
exception of the existing 18 foot roll gate entrance; 4) Storm water retention must be
constructed to meet City Code; or cash in lieu of stormwater requirements pursuant to City
Code, subject to approval by the City Engineer; 5) All parking spaces shall be striped
according to City Code; 6) All boats shall be stored at the existing grade level; no vertical
"stacking" of boats shall be permitted; and 7) Fire truck access shall be maintained.
Members Nixon, Mazur, Bickerstaffe, Merriam, Kunnen, and Hilkert voted "Aye"; Member
Baron voted "Nay." Motion carried.'
C7. Anna & Terrv Tsafatlnos/Club Vibrations. Inc to permit nightclubs, taverns, and bars at
22 N Ft Harrison Ave, Earle & Tate's Sub, part of Lots 12 & 13, zoned UC(C)(Urban
Center (Core). CU 96-59
Mr. Hilton presented written background information, Staff felt conditions support the
request and recommended approval with four conditions. It was indicated hours of operation
are not generally specified for a location not adjacent to a residential area.
Stoven Watts, attorney representing the applicant, stated the applicant is satisfied with the
('i:".~ recommended conditions. No verbal or written support or opposition was expressed.
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Member Kunnen moved to approve Item C7. CU 96-59 subject to the following
conditions: 1) The applicant shall obtain the requisite building permit, certificate of
occupancy and occupational license within six months from the date of this public hearing;
and 2) All site lighting shall be equipped with a 900 cutoff mechanism, with the light being
directed downward and away from adjoining residential properties and street rights-of-way
prior to issuance of the requisite occupational license, The motion was duly seconded and
carried unanimously.
C8. James R. Harper (Mel & Ed's Glass/Showcase Interiors) to permit vehicle service (auto
glass & upholstery) at 1724 Drew St, Drew Manor, Lots 1 & 46, zoned CG
(Commercial General) & RM 12 (Multiple Family Residential), CU 96-60
Mr. Hilton presented written background information. Staff felt conditions support the
request and recommended approval with five conditions.
Michael Betts, the business owner, stated his family has owned and operated this business
since 1968. He did not object to the recommended conditions, but requested clarification
regarding the location of the fence required in condition #5. It was indicated an opaque fence
shall be provided along the north side to visually screen the operation from the residential area
to the north. One member requested adding a condition to resurface and restripe the rear
parking lot as indicated on the plan. Mr. Hilton agreed this should be done within six months.
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No verbal or written support or opposition was expressed.
Member Kunnen moved to approve Item ca, CU 96.60, 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
of automotive parts or automotive related appurtenances; 4) There shall be no major
vehicle service activities such as auto body repair. transmission repair, compressor noise,
odors, or vibrations; 5) The applicant shall install and maintain a 6 foot high opaque fence
to screen the proposed vehicle service from the abutting residential uses to the north,
within six months from the date of this public hearing; and 6) The parking lot shall be
resurfaced and restriped as indicated on the plan within six months from the date of this
public hearing. The motion was duly seconded and carried unanimously.
O. 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
3081 Cleveland St., See 16-29~16, M&B's 22.32 & 22.37 (City of Clearwater).
A 96~27 Zone: RS 8 (Single Family ResidentiaD
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Ms. Glatthorn presented written background information, stating staff recommends
endorsement of annexation to enable the City to utilize these vacant lots for a detention pond
project along Cleveland Street. In response to a question, Ms. Glatthorn said the proposed use
can be conducted in the proposed ,RS-8 zoning district without seeking State and Pinellas
Planning Council approvals.
Member Mazur moved to endorse Item D1, A 96~27, to the City Commission. The motion
was duly seconded and carried unanimously.
02. (Cant. from 10/1 & 10/15/96) Request for land Use Plan and Zoning Atlas
amendments of the City of Clearwater for property located at 1331 Cleveland Street,
Brookwood Terrace Revised, Blk 6, lots 3 thru 8, part of Lots 1 & 2, 9 thru 13 and
N % vacated street. (Jami AI Salam Inc.) Z 96~' 0; lUP 96-05
This item was continued from two successive scheduled public hearings because the
applicant failed to attend. This item was taken out of agenda order and heard at the beginning
of today's meeting. Ms. Glatthorn presented written background information, stating the
applicant is requesting rezoning to renovate an existing building tor use as an Islamic Center,
Mosque and School. She reviewed the previous use, zoning, future land use plan and lot size
requirements. Staff recommended endorsement as standards for approval appear to support
the proposal.
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Rafman Balla, authorized representative, responded to questions regarding days and
hours of worship, number of members, landscaping, structural and aesthetic improvements
proposed. He said conversion of the building, formerly used as a garage for classic cars,
will be done according to appropriate guidelines and codes. He is a member of the
corporation that owns the property. Four wrecked autos will be removed from the
property and 40 existing parking spaces are more than adequate for the small number of
people who will use the facility. The property is large enough to accommodate any future
expansion. About $100,000 has already been donated to complete the project.
Two persons spoke in support of the application, as a clean, appropriate use that will
improve the neighborhood and bring a positive element into the community. One supporter
wishes to worship at the center and responded to questions regarding conduct of Islamic
worship.
One person spoke in opposition to the application, expressing concern the proposal in
this location would limit the ability of surrounding properties to obtain a liquor license.
Member Kunnen moved to endorse Item D2, Z 96-10 & LUP 96~05 to the City
Commission. Members Nixon, Mazur, Merriam, Baron, Kunnen, and Hilkert voted "Ayell;
Member Bickerstaffe voted t. Nay." Motion carried.
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03. Ordinance 6106-96 of the City Of Clearwater, Florida, relating to the Land
Development Code; amending Sections 35.11, 40.033, 40.042, 40.063, 40.083,
40.103. 40.123. 40.133, 40.143, 40.163, 40.183, 40.203, 40.223, 40.243,
40.283, 40.303, 40.543, Code of Ordinances, to define Public Education Facilities
and to anow Public Education Facilities as a permitted use in the Single-Family
Residential "One" District, Single-Family Residential "Two" District, Single-Family
Residential "Four" District, Single~Family Residential "Six" District, Single~Family
Residential "Eight" District. Multiple-Family Residential "Eight" District. "Multiple-
Family Residential "Ten" District, Multiple~Family Residential l'Twelve'l Districtl
Multiple-Family Residential "Sixteen" District, Multiple-Family Residential "Twenty"
District. Multiple-Family Residential "Twenty-Four" District, Multiple-Family Residential
"Twenty-Eight" District, Mobile Home Park District, Limited Office District, General
Office District, and Public/Semipublic District; providing and effective date,
Ms. Glatthorn presented written background information, stating the proposed
ordinance defines public education facilities and authorizes them as permitted uses in
certain zoning districts, subject to compatibility and consistency with the City's
Comprehensive Plan in coordination with the Pinellas County School District. Staff
recommended endorsement.
Concern was expressed the ordinance permits schools in every district, Discussion
ensued and concerns were expressed with ramifications of recent State legislation
enabling the School Board to build schools wherever they desire without meeting local land
use regulations. Concern was expressed schools must meet minimum building codes to be
used as emergency shelters. Staff requested the board to take action on the item today to
enable placing it on the November 21 City Commission public hearing agenda. Board
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consensus was for the acting Chair to draft a letter to the State Legislature expressing
objection to the law. The letter will be submitted for board approval ~t the next meeting.
Member Mazur moved to endorse Item 03, Ordinance 6106-96, to the City Commission.
Members Mazur, Merriam, Baron, Kunnen, and Hilkert voted "Aye"; Members Nixon and
Bickerstaffe voted "Nay." Motion carried.
04. Park Place - Notice of Proposed Change (NOpe); Park Place Land, L TO. (Owner);
Tim Johnson (representative)
Mr. Hilton presented written background information regarding proposed modification of
the Park Place Development Order to allow a mixed use of hotel and office uses in one parcel.
He read from an October 22 memo from Central Permitting Director Shuford detailing
conversion factors, traffic analysis, land use and zoning considerations. It was indicated the
hotel use will require a zoning amendment, but the applicant does not wish to request rezoning
at this time. Staff supported the proposed change recommended endorsement.
Tim Johnson, attorney representing the applicant, was present to answer questions. He
said this amendment to the Park Place DRI (Development of Regional Impact) will provide more
flexibility of land use. Mr. Hilton noted Park Place right.of-way has been deeded to the City and
will be built through to Drew Street. One member observed this will reduce trip generation.
No verbal or written support or opposition was expressed.
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Member Bickerstaffe moved to endorse Item 04, Park Place Notice of Proposed Change, to
the City Commission. The motion was duly seconded and carried unanimously.
Board and Staff Comments
Member Nixon reported she will bring her written observations regarding site lighting
to the next meeting.
After brief discussion, December 3 was set as the date for the board's Christmas
Luncheon. The location will be determined.
Discussion ensued regarding election of Chair to replace Mr. Keyes for the remainder
of the year. Consensus was for Vice Chair Nixon to continue as acting Chair through the
end of 1996. Election of a Vice Chair was not felt to be necessary at this time, as board
rules allow for selection of a member to chair a meeting when necessary. Election of
officers will be agendaed for the first meeting in January.
Ms. Glatthorn reviewed a November 4 memo from Assistant City Manager Bob Keller
regarding the need for comprehensive review, revision and streamlining of the City/s land
Development Code. Staff will work with a steering committee and keep the board
apprised of the process, scheduled for completion in April, 1997.
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Assistant City Attorney Oougall.Sides submitted a written order and briefed the board
regarding formal adoption and ratification of the board's October 15, 1996 order in, the
case of Kenyon Dodge.. Inc. to permit a utility facility (transmission tower) at 19660
US 19, See 19-29-16, M&S's 11.05, 11.061 and 11.06, zoned CH (HighwayCommerciaU.
(eU 96-50) She noted the permanent record copy of the order will contain the written
transcript and all the necessary exhibits and attachments. She and asked for a motion to
adopt the order.
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Discussion ensued regarding who may vote on the motion to adopt the order, as
Members Mazur and Hilkert were not present to hear the applicant's request.
Ms. Dougall-Sides said all current members may vote on behalf of the board.
Member Merriam moved to adopt the Order of the Planning and Zoning Board denying
conditional use approval of a utility facility (transmission tower) in case CU 96-50 ( Kenyon
Dodge, Inc.), as submitted in writing by the legal staff, subject to addition of the written
transcript and pages missing from two exhibits. Members Nixon. Bickerstaffe, Merriam,
Baron, and Kunnen voted "Aye"; Members Mazur and Hilkert abstained. Motion carried.
Member Merriam expressed concern the noise from an audience member's cellular
telephone had disrupted today's meeting several times. Discussion ensued regarding the
need to post notices on the agenda and outside the Commission Chamber doors,
instructing members of the public to silence their cell phones and pagers during public
meetings.
o Adjournment
The meeting adjourned at 7:28 p.m.
Chair
Planning and 20
Attest:
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