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PLANNING & ZONING BOARD MEETING -- ACTION AGENDA
Tuesday, November 19, 1996
Call To Order, Invocation, Pledge of Allegiance
Minutes Approval -- November 5, 1996 ~~ Continued to December 3, 1996
C. Conditional Uses
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C1. (cant. from 11/5/96) 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: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite building permit, certificate at 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-at-way prior to issuance of the requisite
occupational license; 3) In order to differentiate between the display and pedestrian areas,
the sidewalk shall be clearly marked to indicate where the displays are permitted; a
minimum width of 5 feet shall be provided in the sidewalk areas for pedestrian access;
language on the site plan identifying "cart storage" shall be amended to read II cart storage
only;" and 4) The applicant shall obtain written consent from the adjacent property
owner(s) to use 1 7 spaces on the west side of the subject property as an area for outdoor
storage and display; such consent shall be forwarded to the City Attorney's office.
C2. William D. & Kathryn A. McKniaht/N&S Thomas Enterorises to permit package sales of
beer and wine (change of business ownership) at 706 Drew St. E. H. Coachman, Blk
8, Lots 1-4, part of Lots A, 10 & 11, zoned UC(C) (Urban center (Corel. CU 96-61
ACTION: Continued to the meeting of December 3, 1996.
C3. WAMCO XXII ltd. To permit manufacturing at 324 S Madison Ave, Mac Dixon's Sub,
lot 6 less rd r/w on E, zoned UC(E) (Urban Center (Eastern Corridor). CU 96~62
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
occupationa,! license; 3) The business owner shall keep the property well maintained and
free of debris; 4) There shall be no outdoor storage of machinery, supplies or related
materials; and 51 All sheet metal manufacturing or fabricating activities shall be conducted
inside the existing building.
C4. Vinko Karabaic/Karabaic Enterprises, Inc. (Clearwater Parasail) to permit Marina
facilities (ParasaU charter boat) at 406 Harnden Dr., Columbia Sub No.4, Lots 11 & 12
and Columbia Sub No.5, Lot 1 A, zoned CR 28 (Resort Commercia/). CU 96-63
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; and 3) The business owner shall comply with all safe swimming area
designations and shall have a US Coast Guard licensed Captain with not more than six
passengers at one time on the vessel. '
C5. David R. Little to permit restaurants occupying, over 10% of the gross floor area of a
retail complex at 333 S Gulfview Blvd, Lloyd White Skinner Sub, lot 67, zoned CR 28
(Resort Commercia!), CU 96-64
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-at-way prior to issuance of the requisite
occupational license; and 3) Live music or pre-recorded music shall be allowed between
1 :00 p.m. and 10:00 p.m. on a daily basis.
D. Annexation, Zoning, land Use Plan Amendment, land Development Code Text
Amendment, and Local Planning Agency Review
01. 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,
(Jo") Code of Ordinances, to establish supplementary conditional use permit standards for
'.V>> , funeral homes in the Public/Semipublic District; providing an effective date.
ACTION: Endorsed to the City Commission.
Board and Staff Comments -- Discussion
Adjournment -- 4:06 p.m.
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P & Z ACTION
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
November 19, 1996
Present:
Brenda Harris Nixon
Edward Mazur
Kemper Merriam
Robert D. Bickerstaffe
Bernie Baron
Frank Kunnen
Douglas Hilkert
Scott Shuford
Leslie Dougall-Sides
Sandy Glatthorn
Gwen Legters
Acting Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
Central Permitting Director
Assistant City Attorney
Planning Manager
Board Reporter
To provide continuity, items are listed in agenda order although not necessarily
discussed in that order.
The meeting was called to order at 2:00 p.m. in City Hall, followed by the Invocation
and Pledge of Allegiance. The Acting Chair outlined meeting procedures and the appeal
process.
(.;) Minutes Approval -- November 5, 1996
This item was continued to allow time for members to revie'w the minutes before the
next meeting.
C. Conditional Uses
C1. (cant. from 11/5/96) The Home Deoot 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
Ms. Glatthorn presented written background information, stating this item was continued
from the last meeting for site plan amendments to delineate outdoor display areas, parking, and
loading areas.
John Shern. Real Estate Manager for Home Depot, Florida, referred to an October 24 letter
from the project architects responding to the boa'rd's requests for clarification. The letter was
supported by an amended site plan with clear indications of exits, fire zones and equipment,
appropriate clearances, common parking areas, outdoor display areas, and pedestrian patterns
in accordance with staff and City Fire Department recommendations. The design was modified
to eliminate outdoor displays in the rear, due to difficulty locating five foot wide podestrian
areas around the exterior support columns.
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One member expressed concerns it is not clear whether the appllcant has the right to
eliminate parking spaces for outdoor storage, and freight loading and unloading on the
northeast portion of the lot continues to block two~way traffic circulation. Mr. Shem
responded to the concerns, but noted the truck loading issue is independent of the requast for
outdoor storage and display. He said expanding the paved area to the east has been
complicated by the presence of a wetland. He felt he has adequately addressed the member's
concerns.
No verbal or written support or opposition was expressed.
One member requested clearly marking the site plan to indicate only shopping carts are
allowed in the cart storage area. Mr. Sham stated he understands and agrees with staff's
recommended conditions of approval.
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Member Merriam moved to approve Item C1, CU 96~48 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) In order to differentiate
between the display and pedestrian areas, the sidewalk shall be clearly marked to indicate
where the displays are permitted; a minimum width of 5 feet shall be provided in the
sidewalk areas for pedestrian access; language on the site plan identifying "cart storage"
shall be amended to read "cart storage only. The motion was duly seconded.
One member continued to argue the surrounding property owners have not indicated
their consent for the applicant to place outdoor storage and displays in common parking
areas. Ms. Dougall-Sides indicated the board has heard no objections or consent from the
adjacent businesses. She suggested a condition the applicant obtain written consent for
outdoor storage on the west side.
Member Merriam amended the motion to add condition #4) The applicant shall obtain
written consent from the adjacent property owner(s) to use 1 7 spaces on the west side of
the subject property as an area for outdoor storage and display; such consent shall be
forwarded to the City Attorney's office. The seconder concurred. The motion carried
unanimously.
C2. William D. & ICathrvn A. McKniQht/N&S Thomas Enterprises to permit package sales of
beer and wine (change of business ownership) at 706 Drew St. E. H. Coachman, Blk
8. Lots 1-4, part of Lots A, 10 & 11, zoned UC(C) (Urban center (Core). CU 96~61
Ms. Glatthorn presented written background information, stating the proposed use appears
to be compatible with surrounding properties. Staff felt conditions support the request and
recommended approval with three conditions. One member recommended compliance with
the site lighting condition within 30 days.
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~ James Hunt appeared on behalf of the applicant. Board members noted no affidavit of
I l authorization was submitted with the application. Item C2 was continued to the end of the
meeting to allow time for Mr. Hunt to obtain authorization. No representative had arrived by
the end of the meeting, and the case was continued to December 3, 1996.
C3. WAMCO XXII Ltd. To permit manufacturing at 324 S Madison Ave, Mac Dixon's Sub,
Lot 6 less rd r/w on E, zoned UC(E) (Urban Center (Eastern Corridor). CU 96.62
"
Ms. Glatthorn presented written background information, stating the existing building and
proposed sheet metal fabrication business appears compatible with the existing zoning and
surrounding properties, but conflicts with the 20-year Clearwater Downtown Redevelopment
Plan as adopted by the City Community Redevelopment Agency, changing the area to low
density residential. While the use appears reasonable under current conditions, it conflicts with
an aggressive marketing campaign for private redevelopment during the next two years in the
East End area. Staff did not support long term use of the property for manufacturing, but felt
the use will be compatible for a limited time. Staff recommended approval subject to six
conditions, including conditional use expiration after two years.
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Harry Cline, attorney representing the applicant, spoke on behalf of the business owners
Mr. and Mrs. Wayne Osborne. He gave a history of the property former use as Walker Roofing,
stating it had caused a debris nuisance for the City. He said staff had recommended approval
of an identical application in March, 1 996, with three conditions. He submitted a copy of the
staff report for that application, which was withdrawn before being heard by the board. He
expressed strong concern with today's recommendation for six conditions and a two year time
limit. He indicated it is not reasonable to expect someone to invest in building a business that
is forced to close after two years. He did not feel it is reasonable to ask the applicant to clean
the property daily. He detailed the surrounding uses, why the application meets all the
standards for approval, and how the Osbornes have cleaned up the property since they entered
a contract to purchase it. He requested approval without the two year time limit and daily
cleaning requirement.
No verbal or written support or opposition was expressed.
Board discussion ensued regarding properties, ownership and existing conditions in the
East End area, and the City's hopes the redevelopment plan will proceed within two years.
Board members expressed strong concerns with restricting current development in favor of
future plans for which a time period has not been established. Ms. Dougall-Sides responded to
questions regarding the board's authority in conditional use approvals, the applicant's
investment horizon, and zoning consideration. She said recent zoning changes were approved
to implement the Downtown Redevelopment Plan, but the proposed use is appropriate under
the current zoning as well. In response to a question, Ms. Glatthorn said staff had not
approved, but had recommended approval of the previous application. Mr. Cline said it had
been withdrawn because Mr. Walker had declared bankruptcy.
Member Bickerstaffe moved to approve Item C3, CU 96-62, 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;
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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 business owner shall keep
the property well maintained and free of debris; 4) There shall be no outdoor storage of
machinery, supplies or related materials; and 5) All sheet metal manufacturing or
fabricating activities shall be conducted inside the existing building. The motion was duly
seconded and carried unanimously.
C4. Vinko Karabalc/Karabalc Enterorises. Inc. (Clearwater parasail) to permit Marina
facilities (Parasail charter boat) at 406 Harnden Dr., Columbia Sub No.4, Lots 11 & 12
and Columbia Sub No.5, Lot 1 A, zoned CR 28 (Resort Commercial), CU 96~63
Ms. Glatthorn presented written background information, stating the applicant wishes to
open a parasail operation. The applicant has an agreement with the owner of the adjacent
Bay Lawn Motel, to locate the parasail business within five surplus parking spaces on the
motel property. The Clearwater Harbormaster has approved the aspects of safety and
navigational obstruction. It was indicated the proposed business should not negatively
impact surrounding properties and may enhance tourism. Staff felt conditions support the
request and recommended approval with three condltions. Discussion ensued regarding
the parking requirements.
Cliff Canastar, the business owner/applicant, stated he spoke with Harbormaster Bill
Held before applying for the conditional use. Mr. Held had expressed concern with locating
the business in a no wake zone, but Mr. Conaster assured him the channel will only be
used to pick up and deliver passengers. Mr. Conaster related his business experience as a
large boat captain carrying a 100 ton license. He is fully aware of his responsibility
regarding his wake and will be cautious to protect his livelihood. In response to questions,
he stated he will not conduct parasailing within:,the residential inlets, or fingers, because it
is not safe. He wishes to ensure his passengers will come down into the water if a line
should break. His brand new boat is almost silent and he will operate only during daylight
hours. Discussion ensued regarding how the operation will be conducted with regard to
parking, passenger walting areas. Mr. Conastar said each trip will be about an hour and a
half. The primarily walk-up business will be conducted from a small booth, or podium,
with benches for waiting. The stand will be taken in a night. His boat is 28 feet long with
a 10 foot beam and carries 6 paying passengers. The parasail consists of a parachute
with a harness. He anticipated five to six trips per day and will operate only within the
Gulf, noting other parasail businesses come into the bay when the weather is rough. He
has equipment to sail 600, 800 and 1,000 feet high. Banner towing airplanes are
supposed to fly above 1,000 feet.
No verbal or written support was expressed.
Two people spoke in opposition to the request, expressing concerns regarding small
size of the channels, property value impact, noise, safety of children and elderly who swim
in the channel, parking impacts and increased boat traffic. It was indicated no other
commercial vessels are docked in the inlet. A petition with 16 signatures representing
surrounding motel properties was submitted in opposition to the request. One petition
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signer submitted a separate letter expressing concerns with disturbing the peace, low
water, increased traffic and parking, location at a school bus stop, lack of restroom
facilities, and noise, air and water pollution.
Mr. Conaster stated he is aware of safety issues because safety is his main concern.
One commercial crab boat exists in the area. His boat will not appear or operate any
differently from the existing recreational boats within the area. He related the locations of
three other parasailing operations in Clearwater. He responded to questions regarding his
parking lease with Bay Lawn Motel. Ms. Glatthorn said renting out boat slips is allowed in
this zone and read parking requirements from the code.
Board discussion ensued. One member expressed concern the application has almost
unanimous opposition from "the surrounding property owners. One member supported the
application as compatible with the tourist community and having no adverse affect on
traffic or the navigable waters. It is up to the licensed boat captain to operate safely, or
he will not remain in business. One member supported a one year trial period review to
determine whether an' adverse impact results. In response to questions, staff indicated the
dock is located in a commercial area, CR-28, and no wake zone signs are posted. Some
did not favor a trial period, reiterating he will not stay in business if he does not follow safe
navigation rules.
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Member Bickerstaffe moved to approve Item C4, CU 96-63, 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) AU site lighting shall be equipped with a 900 cutoff mechanism, with the light being
directed downward and away from adjoining residential properties and street rights-of-way
prior to issuance of the requisite occupational license; and 3) The business owner shall
comply with all safe swimming area designations and shall have a US Coast Guard
licensed Captain with not more than six passengers at one time on the vessel. Members
Bickerstaffe, Merriam, Baron, and Hilkert voted "Aye"; Members Nixon, Mazur, and
Kunnen voted toNay." Motion carried.
C5. David R. little to permit restaurants occupying over 10% of the gross floor area of a
retail complex at 333 S Gulfview Blvd, Lloyd White Skinner Sub, Lot 67, zoned CR 28
(Resort Commercia!), CU 96-64
Ms. Glatthorn presented written background information, stating the applicant wishes to
open a dessert restaurant in an existing retail complex, augmenting the menu with beer and
wine for on premise consumption. She explained indoor and outdoor seating capacity and
parking requirements. Staff felt conditions support the request and recommended approval
with four conditions.
Harry Cline, attorney representing the applicant. stated he has trouble with staff's
recommended conditions regarding seating calculations. He profiled the location, existing
conditions, and attractive appearance of the property I updated in the Tropical Seascape
Theme. He explained the proposed use, square footage and seating capacity, explaining
why staff's calculations with regard to indoor and outdoor seating do not work. He
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responded to questions regarding existing ground floor ice cream shop remaining and the
proposal to build JeWs Desserts on the second floor.
Concerns were expressed parking is non-conforming and hard to access" and the
restaurant plan does not appear to contain a kitchen. Ms. Glatthorn read from code
definitions, indicating a kitchen is not required to prepare or sell food.
Steve Fowler, architect representing the applicant, explained the menu of the proposed
specialty foods restaurant, and clarified questions regarding outdoor/indoor seating
calculations. He said the restaurant will contain a kitchen.
David Little, the owner/applicant, said he has served on City task forces and has gone
the extra mile to improve the property in conformity with recommendations to create
tropical ambiance for the beach. In response to a question, he said he has large planter
boxes to put on the railings.
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Board members praised how Mr. Little has improved the appearance of the property.
One suggestion was to enhance landscaping with the addition of palm trees, as space
permits. It was indicated parking and seating calculations have no bearing on Planning and
Zoning Board approval. After additional discussion, Ms. Glatthorn agreed staff's condition
regarding seating and parking is not needed. Staff will work with the applicant to ensure
the appropriate number of parking spaces are provided for the amount of restaurant area.
Ms. Dougall-Sides concurred the condition is not a part of the request before the board. It
was felt a condition prohibiting package sales is not needed.
Member Bickerstaffe moved to approve Item C5, CU 96-64, 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 thjs public hearing;
2) All site lighting shat! 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; and 3) Live music or pre-recorded
music shall be allowed between 1 :00 p.m. and 10:00 p.m. on a daily basis. Members
Nixon, Mazur, Bickerstatfe, Baron, Kunnen, and Hilkert voted "Aye"; Member Merriam
voted "Nay." Motion carried.
D. Annexation, Zoning, land Use Plan Amendment, land Development Code Text
Amendment, and Local Planning Agency Review
01. 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 District; providing an effective 'date.
Ms. Glatthorn presented written background information, stating this item was previously
approved, but was brought back due to an advertising difficulty. Formal action is needed
and staff recommended endorsement.
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Member Mazur moved to endorse Item 01, Ordinance 6092~96, to the City Commission.
The motion was duly seconded and carried unanimously.
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Board and Staff Comments
Discussion ensued regarding the proposed 1997 meeting schedule. Majority
consensus was to approve the schedule, subject to deletion of the August 5 meeting.
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Mr. Shuford reported the City Manager has requested a comprehensive land
Development Code amendment to make the code more friendly to the development
community. Mr. Shuford is working with Assistant City Manager Bob Keller, and Pine lias
Planning Council Executive Director Dave Healey, to comprehensively review, revise and
streamline the City development regulations. Central Permitting Department customer
service and internal processes will be evaluated and streamlined as well. He felt the
number of cases coming to DCAB and the Planning and Zoning Board can be cut in half.
City advisC?ry board members, business leaders, and representatives from neighborhoods
and the development community will comprise a steering committee and focus groups to
provide input to staff. He will provide updates of the process, scheduled for completion in
April, 1997. Mr. Mazur will represent the Planning and Zoning Board on the steering
committee. Mr. Shuford invited board members' ideas on ways to make the code user
friendly while respecting the high quality development standards for which Clearwater is
known. He will provide an update after the beginning of the year.
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Discussion ensued regarding election of board officers for 1997. Mr. Hilkert said he
was not interested in serving as an officer during his first year in office. Mr. Kunnen is not
interested in serving as Chair. Mr. Bickerstaffe noted he has one more year in office.
Discussion ensued regarding locations for the board's holiday party, scheduled for
12:00 noon, December 3, before the regular board meeting. Members expressed a
preference for being seated together at the same table in a room sufficiently quiet to
enable conversation. Staff will investigate Harrison's, Cabana Club, Harborview Center,
and Peppermill for compatibility with the board's wishes.
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Adjournment
The meeting adjourned at 4:06 p.m.
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Attest:
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