01/06/1998 (2)
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PLANNING & ZONING BOARD MEETING - ACTION AGENDA
Tuesday,Januo~6, 1998
Call To Order, Invocation, Pledge Of Allegiance '
A. Minutes Approval - November 4 and November 18, 1997 approved as amended;
December 2 and December 16, 1997 approved as submitted
B. Requests for Extension, Deferred and Continued Items
B1. (2;'d request for extension) Lima lake. Inc. (Yacht Basin Apartments) to permit marina
(20 slips) at 501 Mandalay Ave., Yacht Basin Sub, Lots 1-9, zoned RM 24 (Multi-
family Residentiall and P (Preservation). CU 97-09
ACTION: Continued to January 20, 1998 at the applicants' request
C. Conditional Uses
C1. Carlisle Motors. Inc. (Carlisle Lincoln Mercury) to permit (1) vehicle sales, (2) vehicle
service, and 13) non~commercial parking at 2085 Gulf to Bay Blvd, Bamboo Sub, Lots
2, 3, 4, 9, 10, 11, & 12, Bamboo Sub Replat, Lots 1 & 2, together with Sec 13-29-15,
M&B 41.04 & 42.01, zoned CG (General Commercial), RM 8 IMultiple Family
Residential), & RS 8 (Single Family Residential). CU 98-01
ACTION: Approved subject to the following conditions: 1) The requisite building
permit shall be obtained within one year of this public hearing date; 2) There shall be no
deliveries between 10:00 p.m. and 7:00 a.m. on any day of the week; 3) Elevation
drawings of the buildings shall be submitted to staff for review prior to issuance of a
building permit; 4) Sales and service hours shall be limited as given in the application:
Sales Hours: 8:00 a.m. to 8:00 p.m. Monday through Friday, 9:00 a.m. to 5:00 p.m.
Saturday, Closed Sunday. Service Hours: 7:00 a.m. to 6:00 p.m. Monday, 7:00 a.m. to
7:00 p.m. Tuesday through Friday, 8:00 a.m. to 5:00 p.m. Saturday, Closed Sunday; 5) A
six foot high solid masonry buffer wall shall be installed along the property lines adjacent to
single family residential properties prior to commencement of construction. Location of the
wall within the landscaped areas shall be worked out with staff prior to issuance of a
permit. Both sides of the wall shall be finished with stucco and painted; 6) Access to the
parking lot on Bamboo Lane shall be permitted provided rezoning request Z 98-01 is
approved by the City Commission; 7) All major and minor vehicle service may be performed
on the areas of the subject property zoned CG IGeneral Commercial); 8) The southern
service bay door shall be equipped with an automatic closure device with the default status
of the door to be in the closed position; and 9) Minimum landscaping shall be installed as
shown on plans displayed during today's public hearing in the areas adjacent to the
building, with more dense landscaping along certain areas of the new structures as
determined acceptable by staff.
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82. Golda Meir Center. Inc. (Helen's Wholesale Bakery) to permit wholesaling/distributing
,at 306 5 Jupiter Ave, Skycrest, Unit A, Blk A, part of Lots 7 & 8, zoned CG (General
Commercial). CU 98-02
ACTION: Approved subject to the following conditions: 1) The requisite certificate of
occupancy and occupational license shall be obtained within 1 year of this public hearing
date; and 2) There shall be no deliveries between 10:00 p.m. and 7:00 a.m. on any day of
the week.
o. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text
Amendment, and Local Planning Agency Review
01. Annexation and Zoning Atlas amendment of the City of Clearwater for the following
property: 181 Pinewood Avenue, Eastwood Terrace 1 st Addition, Blk 0, Lot 2 (Alfonso
Tundidor) A 98-01
ZONE: RS 6 (Single Family Re~idential)
ACTION: Endorsed to the City Commission.
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02. Zoning Atlas amendment of the City of Clearwater for property located at 624 Bamboo
Lane, Bamboo Sub, Lot 4, 11 & 12. (Carlisle Motors, Inc.) Z 98-01
ZONE: From RS 8 (Single Family Residential) to RM 8 (Multiple Family Residential)
ACTION: Endorsed to the City Commission.
03. Evaluation and Appraisal Report (EAR) of the Clearwater Comprehensive Plan, which
was adopted November 16, 1989. This public hearing is pursuant to Chapter
163.3181, Florida Statutes.
ACTION: Forwarded to the City Commission.
Board and Staff Discussion
1 . Election of 1998 Board Officers - Douglas Hi/kert and Gerald Figurski elected Chair and
Vice Chair, respectively, effective immediately
2. MeetinQ Schedule for 1 998 - Adopted as amended, deleting meetings on June 16,
July 21, and'September 1, 1998
3. Board Rules of Procedure Review and Readoption - Continued to January 20, 1998
Adjournment - 4:47 p.m.
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Absent:
Edward Mazur
Brenda Harris Nixon
Frank Kunnen
Douglas Hilkert
Gerald Figurski,
Vacant Seat
Leslie Dougall.Sides
Sandy Glatthorn
Gwen Legters
Robert D. Bickerstaffe
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Assistant City Attorney
Planning Manager
Board Reporter
Board Member
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
January 6, 1998
Present:
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
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The meeting was called to order at 2:00 p.m. in City Hall, followed by the Invocation,
Pledge of Allegiance, meeting procedures and the appeal process. Conditional use
applicants were advised an affIrmative vote of four of the five members present is required
for approval, and were offered the opportunity to request a continuance. The applicants
chose to proceed.
Minutes Approval - November 4, November 18, December 2, December 16, 1997
Due to the large number of citizens present to address public hearing items, consensus
was to move minutes approval to the Board and Staff Comments section of the agenda,
below.
Member Hilkert requested amendment on page 2 of the November 4 minutes, removing
the last sentence from his motion to approve Item B 1, as the statement was an editorial
comment not intended for inclusion in the motion. The minutes were unanimously approved
as amended.
Member Nixon requested corrected of the November 18 minutes to indIcate she was
not present for the meeting. The minutes were unanimously approved as corrected.
December 2 and December 17 minutes were unanimously approved as submitted to
each member in writing by the Board Reporter.
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B. Requests for Extensio~, Deferred and Continued Items
B1. (zrd request for extension) Uma Lake. Inc. (Yacht Basin Apartments) to permit marina
(20 slips) at 601 Mandalay Ave., Yacht Basin Sub, Lots 1-9, zoned RM 24 (Multi.
family Residential) and P (Preservation). CU 97.09
Member Hilkert moved to continuo Item B1, CU 97-09 to January 20, 1998, at the
applicant's request. The motion was duly seconded and carried unanimously.
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C1. Carlisle Motors. Inc. (Carlisle Lincoln Mercury) to permit (1) vehicle sales, (2) vehicle
service, and (3) non-commercial parking at 2085 Gulf to Bay Blvd, Bamboo Sub, Lots
,2, 3, 4, 9, 10, 11, & 12, Bamboo Sub Replat, Lots 1 & 2, together with Sec 13-29-15,
M&B 41.04 & 42.01, zoned CG (General Commerciall, RM 8 (Multiple Family
Residential), & RS 8 (Single Family Residential). CU 98-01
C. ConditIonal Uses
Ms. Glatthorn presented background information and written staff recommendations,
stating the staff report has been revised to reflect the applicants' proposal to redevelop the
existing vehicle sales and service business. Associated with this conditional use request is
a rezoning request to allow noncommercial parking on adjacent residential lots with direct
access to Bamboo Lane, a residential street. (Board consideration of the rezoning request
immediately followed this item, and is reported under Item D2, 298-01, below.) The
proposal includes new landscaping and open space areas, retaining the existing 34-bay
body shop on the southwest portion of the site, and a new two-story showroom with 40
service bays and inventory parking on the second level. A solid wall with exterior
landscaping is recommended along the south and east property lines to serve as a buffer
between the new service structure and the adjacent residential properties located 30 to 60
feet away. The outdoor sales areas are indicated on the site plan. Staff supported the
proposal provided adequate buffers are installed and restrictions are met as detailed in the
supplementary standard for approval.
Clarification was requested and discussion ensued regarding details of the conditional
use request, site development, the non-commercial parking proposal, and why a new
t';;.~, conditional use request is needed for an existing, continuous use. In response to board
concerns, Ms. Glatthorn stated staff wishes to review and work with the applicant to
ensure elevation drawings are consistent with the design standards under development for
the City's Gulf~to-Bay Boulevard improvement project.
Dana Young, attorney representing the applicants, stated they are excited to embark on
major redevelopment of a business that has existed at this location 40 years. The
applicants were surprised a new conditional use was needed for the existing dealership, but
understand the need to meet existing codes. The said the owner's representative, general
manager, civil engineer, transportation engineer, design builder and project manager were
present to answer questions. As the dealership has not changed its look for 25 years, the
applicants have been working with the City's Scott Shuford, who is involved with the Gulf-
to-Bay Boulevard beautification process. She detailed extensive interior and exterior
landscaping improvements, changes to curb cuts and traffic circulation, site amenities
designed to be more compatible with the adjacent residential areas, and the rezoning
request to allow non-commercial parking on three adjacent lots owned by the applicant.
Referring to site plans and elevation drawings of existing and proposed site features, she
said showroom buildings are to be more compact, functional and attractive; building
coverage is reduced; rear yard setback is increased to 60 feet; structure heights will not
exceed 30 feet where a 50 foot height is allowed; paved areas are reduced; open space is
increase; parking will be replaced with landscaping along the southern boundary; traffic
circulation is improved; and interior landscaping is being increased from 3,000 to 40,000
square feet, significantly in excess of code requirements.
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Ms. Young said the Initial application was changed as a result of open discussions with
the neighboring residents. In response to concerns, B six foot masonry wall and ten foot
landscaping buffer was designed between the dealership's southern boundary with the
residential properties. A transportation analysis was performed, the applicants have
worked with the City's Traffic Engineering Department, and employee parking has been
configured to ensure traffic will not increase and no negative impacts will result on Bamboo
Lane. A dedicated left turn lane from Bamboo Lane into the parking lot will facilitate a free
flow of traffic around turning vehicles. The engineer has designed a parapet wall around
the second floor parking deck to block the residents' line of sight of the new vehicle
inventory. The only lighting proposed for the second floor parking deck is low level box
lights shining downward inside the parapet walls. The applicant will ensure light will not
migrate from the site. Concern was expressed with meeting staff's proposed condition to
obtain the Certificate of Occupancy within one year, due to the phased nature of the project,
scheduled for completion before the end of 1999.
In response to questions, Ms. Young said six existing vehicular accessways will be
reduced to four during site redevelopment. Ms. Dougall-Sides said the code contains no
strict rules about the number of driveways allowed on a main thoroughfare. Concern was
expressed the board does not have an up-to-date site plan showing the most recent
driveway proposal. Ms. Young said staff advised bringing forward the plans as-is,
explaining the proposed changes.
Tom McGrew, with King Engineering, responded to concerns that the curb flares and
turning radii seem insufficient for safe ingress/egress, considering the amount and speed of
traffic off Gulf-to-Bay Boulevard. Mr. McGrew detailed the number and locations of
driveways connections, turning radii, and traffic flow to Gulf-to-Bay Boulevard and Bamboo
Lane. He stated the site was designed to accommodate through access for semi-
tractor/trailers, automobile delivery trucks and fire emergency vehicles. He has met with
staff and the DOT, and will continue to work with them if adjustments are needed.
No verbal or written support was expressed.
Five residents of the adjacent Druid Park subdivision spoke in opposition to the application,
citing the following concerns: 1) non-commercial parking violates neighborhood deed restrictions;
2) the dealership sent unsolicited contracts for sale of the residents' homes so the properties
could be razed for a parking lot; 3) no wall height variance application has been filed for the eight
foot high wall Mr. Carlisle promised before commencement of construction. a) to protect the
residential properties from noise. dirt, debris. and vibratory equipment during construction, and
b) to screen the neighbors' view of the second floor parking deck and buffer future noise; 4) the
applicants' claim that setbacks are increasing; 5) neighboring property values will decrease;
6) inappropriate orientation of the entrance to the service bay building would expose the adjacent
home to passage as many as 100 cars each day; 7) a setback variance will be needed for the ten
foot landscaping buffer; 8) security will be compromised by customers and employees walking
through the open space between the service building and the homes; 9) vehicles parked on the
second floor deck pose a potential danger to the neighborhood and people using the deck can
look down into the private properties; 10) moving the fuel station behind the residential section;
11) additIonal landscaping is needed to form an opaque barrier from the dealership and its uses,
and noise; 12) while an eight foot wall is essential, there are fears the residential properties'
structures and landscaping will be damaged during its construction. One resident submitted two
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caples of neighborhood deed restrictions and three drawings showing layout of the existing
residential subdivision and the anticipated adverse effects of the proposal. A petition containing
nine signatures was submitted in opposition to the request. \
Board members pointed out a wallis not required by code. Some favored a wall to appease
the Druid Park homeowners. If a wall is approved, it was hoped the residential property owners
would allow workers sufficient access to their properties to permit construction of the wall they
requested.
Dana Young addressed the issues raised by those in opposition. reiterating a wall is not
required, but a six foot wall was offered by the applicants. It is not known what Mr. Carlisle told
the residents about an eight foot wall because he no longer owns the dealership and has no
Interest in its operation. She said traffic requirements have been researched and will be met. The
residents were told no vibratory equipment will be used for compacting the ground. The applicant
has agreed to put an automatic door closer on the outer service door facing the residential area.
The service bays are being enclosed to minimize impacts; no bays will open to the outside. In
response to a question, Ms. Young displayed and explained the line of sight drawings to the
second floor parking deck and clarified the intentions regarding the automatic door closer. It was
indicated the applicants are willing to realign the service/detail bays to a north/south orientation, if
necessary. She did not feel the effects of moving the two existing gas pumps was significant.
She stressed the dealership is not getting biggert but the site is being reconfigured. She clarified
the request to extend the time allowed to obtain a Certificate of Occupancy, reiterating the final
phase is due for completion by the second quarter of 1999.
In response to questions. discussion ensued regarding the applicants' intentions regarding
the proposed buffer wall. Ms. Young said the cost of a six foot wall masonry was estimated at
about $80.000. Increasing the height to eight feet would almost double its cost. She stated if
height is truly the issue. they would be willing to construct an eight foot tall fence with beefed up
landscaping. She has not researched the neighborhood deed restrictions, but was not aware of
any such restrictions relating to the three residential properties the dealership purchased. She
welcomed the opportunity to work with staff to construct a wall as soon as feasible in view of
current construction on site. She did not wish to hold up construction in progress to wait for
permits to build the wall first. A noise specialist was not consulted, but the architect who designed
the project had stated trees and landscape buffering would more effectively screen noise than
would a wall.
Ms. Dougall-Sides said the conditional use portion of the Code allows the board to requirel
without a variancet a fence or wall higher than required where the non-commercial parking portion
of the project adjoins residential property.
Discussion ensued regarding language in staff's recommended conditions regarding time
limits. Discussion ensued regarding turning radii and traffic circulation. One member requested
DOT calculations regarding to ensure a WD50 vehicle can move through the site.
Member Hilkert moved to approve Item C 1, CU 98-01 with conditions. The motion
was seconded for discussion. Lengthy discussion ensued regarding proposed conditions of
approval and several amendments were suggested. Concerns were expressed with
requiring a ten foot landscaping strip outside the buffer wall and with requiring staff
appro va/ of the elevation drawings, as such approval is not required by code. A time frame
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Discussion ensued regarding Item D2, Z 98.01, below.
C2. Golda Meir Center. Inc. (Helen's Wholesale Bakery) to permit wholesaling/distributing
at 306 S Jupiter Ave,. Skycrest, Unit A, Blk A, part of Lots 7 & 8, zoned CG (General
, Commercial). CU 98-02
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was wanted for the buffer wall. Discussion ensued regarding height and density
requirements for landscaping. Raising the parapet height instead of the buffer wall was
suggested.
Member Figurski moved to amend Mr. Hilkert's motion to require construction of the
buffer wall prior to commencement of building construction. The motion was duly
seconded. Due to difficulties with restating the motion and associated conditions,
Members Figurski and Hilkert withdrew the motions on the floor. The seconders concurred.
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Member Hilkert moved to approve Item C 1, CU 98~0 1 subject to the following
conditions: 1) The requisite building permit shall be obtained within one year of this public
hearing date; 2) There shall be no deliveries between 10:00 p.m. and 7:00 a.m. on any day
of the week; 3) Elevation drawings of the buildings shall be submitted to staff for review
prior to issuance of a building permit; 4) Sales and service hours shall be limited as given in
the application: Sales Hours: 8:00 a.m. to 8:00 p.m. Monday through Friday, 9:00 a.m. to
5:00 p.m. Saturday, Closed Sunday. Service Hours: 7:00 a.m. to 6:00 p.m. Monday, 7:00
a.m. to 7:00 p.m. Tuesday through Friday, 8:00 a.m. to 5:00 p.m. Saturday, Closed
Sunday; 5) A six foot high solid masonry buffer wall shall be installed along the property
lines adjacent to single family residential properties prior to commencement of
construction. Location of the wall within the landscaped areas shaH be worked out with
staff prior to issuance of a permit. Both sides of the wall shall be finished with stucco and
painted; 6) Access to the parking lot on Bamboo Lane shall be permitted provided rezoning
request Z 98-01 is approved by the City Commission; 7) All major and minor vehicle
service may be performed on the areas of the subject property zoned CG (General
Commercial); 8) The southern service bay door shall be equipped with an automatic closure
device with the default status of the door to be in the closed position; and 9) Minimum
landscaping shall be installed as shown on plans displayed during today's public hearing in
the areas adjacent to the building, with more dense landscaping along certain areas of the
new structures as determined acceptable by staff. The motion was duly seconded and
carried unanimously.
Ms; Glatthorn presented background information and written staff recommendations,
stating the applicant proposes a wholesale bakery in the smaller of two existing buildings
on the subject property. A parking variance has been requested to allow zero on-site
spaces where five are required. Two parking spaces are available in City right-of-way along
Jupiter Avenue in front of the store. Staff recommended approval as the proposal appears
to be compatible and should not negatively impact nearby properties.
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Jelka Vrbos, the business owner/applicant, wishes to purchase the smaller building for
use as a small Mom & Pop bake shop similar to one she operated in Chicago for 16 years.
She misses her previous business and hopes she can be successful in Clearwater. She
does not propose a full bakery line, just cookies and sweet types of breads, for delivery to
wholesale customers.
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No verbal or written support was expressed. An attorney representing the adjacent property
owner to the south, stated his client owns two rental properties behind her s;ngle family residence
immediately adjacent to the subject property. She vigorously opposes locating a business with no
parking provision two feet from her property, as bakery customers are certain to park in her
driveway.
Ms. Vrbos stated she will bake and deliver wholesale products to order, as specified in her
application. She will not have a big retail crowd arriving at the shop. In response to questions, it
was indicated retail sale appears on the application only because it is a permitted use in this
district. While the proposal is more intensive than the former use of the building for arts and crafts
at the Golda Meir center, it is less intensive than a typical retail use. Discussion ensued regarding
current zoning and location of the two existing parking spaces in City right-of-way.
Member Figurski moved to approve Item C2, CU 98-02, subject to the following
conditions: 1) The requisite certificate of occupancy and occupational license shall be
obtained within 1 year of this public hearing date; and 2) There shall be no deliveries
between 10:00 p.m. and 7:00 a.m. on any day of the week. The motion was duly
seconded and carried unanimously.
D. Annexation. Zoning, land Use Plan Amendment, land Development Code Text
Amendment, and Local Planning Agency Review
01. Annexation and Zoning Atlas amendment of the City of Clearwater for the following
property: 181 Pinewood Avenue, Eastwood Terrace 1 st Addition, Blk 0, Lot 2 (Alfonso
Tundidor) A 98~01
ZONE: RS 6 (Single Family Residential)
Ms. Glatthorn presented background information and written staff recommendations,
stating the applicant is requesting annexation to obtain sewer service for their single family
home. Staff recommended endorsement. In response to a question, it was indicated
existing homes requesting sewer service usually have septic systems. No verbal or written
support or opposition was expressed.
Member Figurski moved to endorse Item 01, A 98-01 to the City Commission. The motion
was duly seconded and carried unanimously.
02. Zoning Atlas ,amendment of the City of Clearwater for property located at 524 Bamboo
lane, Bamboo Sub, Lot 4, 11 & 12. (CarlisJe Motors, Inc.) Z 98-01
ZONE: From RS 8 (Single Family Residentiall to RM 8 (Multiple Family Residential)
Ms. Glatthorn presented background information and written staff recommendations,
stating the applicant is requesting rezoning for the non-commercial parking lot approved in
Item C 1, CU, 98-0 1, above. Staff recommended endorsement.
Dana Young, attorney representing the applicants, requested incorporation into this
item the relevant portions of her testimony regarding Item C1, CU 98-01, above. She
stated the request is simple and requested endorsement.
No verbal or written support was expressed. Two adjacent residents expressed
opposition, citing concerns: 1) traffic on Bamboo Lane will increase significantly, and
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Consideration of Item C2 ensued.
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2) rezoning for the intended use violates neighborhood deed restrictions. It was explained
neither the City nor Planning and Zoning Board is bound by deed restrictions. A suggestion
was made for the residents to consider contacting an attorney.
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Member Hilkert moved to endorse Item 01, Z 98-01 to the City Commission. The
motion was duly seconded and carried unanimously.
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03. Evaluation and Appraisal Report (EAR) of the Clearwater Comprehensive Plan, which
was adopted November 1 6, 1989. This public hearing is pursuant to Chapter
, 163.3181, Florida Statutes.
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The board received a background and status report from Senior Planner Lou Hilton
regarding the item. He said the current version includes revisions requested by the State
after the board's ,1996 endorsement. Need for the revisions was caused by changes in
Florida law and Florida administrative code. He was pleased the plan was successful and
that many stated goals and objectives were accomplished. He requested endorsement,
stating he did not copy the document to the board due to its massive size.
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Questions were raised regarding whether the changes involve routine housekeeping or
major concepts. Several board members hesitated to endorse an amendment they have not
seen. Staff explained, with certain exceptions, applications for, City land use plans
amendments are being help up pending adoption of the document and receipt of the City's
sufficiency notice. In response to a question, Ms. Dougall~Sides noted the statutory
requirement for the board, acting as the local planning agency, to review the plan and
forward it to the City Commission. Consensus was to forward the item to the City
Commission without endorsement.
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Member Hilkert moved to forward Item 03, the Evaluation and Appraisal Report (EAR)
of the Clearwater Comprehensive Plan to the City Commission for readoption. The motion
was duly seconded and carried unanimously.
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The board commended Mr. Hilton and Ms Dougall-Sides for their hard work on
preparing the item and getting it through required State approvals. At the board's request,
Mr. Hilton will provide a matrix summarizing the changes discussed above.
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Board and Staff Comments
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1 . Election of 1998 Board Officers
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Chair Mazur opened the floor for nominations.
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Member Figurski nominated Douglas Hilkert as Chair for 1998. Mr. Hilkert accepted
the nomination. No additional nominations ensued. Upon the vote being taken, Douglas
Hilkert was unanimously elected as Chairperson for 1998. Consensus was to pass the
gavel at the end of the meeting.
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7
01/06/98
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Adjournment
The meeting adjourned at 4:47 p.m.
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Planning and Zoning Board
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Member Hilkert nominated Gerald Figurski as' Vice Chair for 1998. Mr. Figurski
, accepted the nomination. No additionaL nominations ensued. Upon the vote being taken,
, Gerald Figurski was unanimously elected as Vice Chairperson for 1998.
2. Meetino Schedule for 1998
Member Kunnen advocated one meeting per month during the summer months for the
convenience of those wishing to plan vacations during school holidays. Discussion ensued
regarding the issue and consensus was achieved.
Member Hilkert moved to adopt the 1 998 meeting schedule as amended, deleting the
meetings of June 16, July 21, and September 1, 1998. The motion was duly seconded
and carried unanimously.
3. Annual Review and ReadoPtion of Board Rules of Procedure
Consensus was to consider adoption of any amendments, or readoption of the rules
without amendments at the next meeting. Board members were requested to review the
rules arid be prepared to discuss at the next meeting whether changes are needed.
Ms. Glatthorn thanked board members for their supportive comments regarding the
staff,reports and staff's efforts to work with the board.
Attest:
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Board Reporter d
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mpz01a.98
8
01/06/98
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