Loading...
05/19/1998 (2) '~ ~ CITY OF CLEARWATER PLANNING &. ZONING BOARD MEETING. ACTION AGENDA Tuesday, May 19, 1998 -- 2:00 p.m. Call To Order, Invocation, Pledge Of Allegiance i , . , I Minutes Approval - April 21 & May 5, 1998 - Approved as submitted C. Conditional Uses C1. Scott K. & Ruth S. Hale to permit a utility facility (Communications Tower), at 1796 Bellea(r Rd See 23-29-15, M&B 33.05. zoned CG (General Commercial.) CU 98.12 ACTION: Continued to the meeting of June 2, 1998 C2. TM Clearwater Realtv. l TO (Kmart) to permit outdoor retail sales, display and/or storage' at 26996 US 19 N Sec 30-28-16, M&B 31.02, zoned CC (Commercial Center.) CU 98-23 . ACTION: Approved subject to the following conditions: 1l All outdoor retail sales, displays and/or storage shall be maintained within the' fenced area as depicted on the plan; and 2) applicant shall provide and maintain landscaping within the unpaved area located adjacent to SR 580 and Enterprise Road' in accordance with the perimeter landscape requirements of Section 42.27. ~~:~ C3. William M. SheDhard. TREI SheDhard Familv Trust/laaoon Resort Motel (Clearwater . ~ ~ Parasail, tne.) To permit outdoor commercial recreation/entertainment at 619 Gulfview Blvd, See 17-29-15, M&8 22.01 and Bayside Sub No.5, Blk C, Lots 1-5 and . riparian rights, zoned CR 28 (Resort Commercial) andOS/R (Open Space/Recreational. I CU 98-21 ACTION: Approved subject to the following conditions: 1) Hours of jet ski operation are limited to 9:00 a.m. to dusk, seven days per week; the flats boat may be out after dusk and before 9:00 a.m. ~ 2) jet skiers will be required to honor the No Wake Zone and will idle through the No Wake Zone to access either the beach or the Gulf of Mexico; 3) there will be one boat or one jet ski available to act as a chase boat, respond to emergencies, or offer assistance to troubled jet skiers~ 4) with regard to experience requirements, the business operator will comply with all current state laws that regulate this industry; 5) buoys shall be placed to identify the jet ski starting area and designate the route jet skis may travel between open water and the beach; and 6) the operation is limited to four (4) jet skis and one (1) flats boat. C4. John A. L8harafMedec. A Florida General Partnership tEncere Senier Living) to permit congregate care facilities at 620 Betleair Rd, See 21-29-15, M&B 44.23 and Oak Haven, Lots 8-21, zoned proposed CN (Commercial Neighborhood.) CU 98-21 ACTION: Continued to the meeting of June 2, ,1998 '0 pzact05b.98 1 05/1 9/98 . ;, ~ \ c > ~ . ..j. . , q, ' ! . "'.~ C5. ADDCAM II General Partnership IHampton Inn Clearwater Central) to permit nightclubs, taverns, and bars, (new license) at 21030 US 19 N, Sec 18-29-16, M&B 14.01, zoned CH (Highway Commercial.) CU 98-22 ACTION: Approved subject to the following conditions: 1) The applicant shall obtain the reqlllsite alcoholic beverage license within six months from the date of this public hearing. O. Annexation, Zoning, land Use Plan Amendment, land Development Code Text Amendment, and Local Planning Agency Review 01. Annexation, Zoning Atlas Amendment, and Future land Use Plan Amendment for property located approximately 1,000 ft east of US 19 N and north of Allen Creek, M&B 22.01, 22.02 & 33.07 in Sec 29-20S-16E, Allen Creek Properties, Inc, I Harbourside Realty Holding Co. A 98-16, LUP 98-06 ACTION: Endorsed to the City Commission 02. Amending the Zoning Atlas of the City by rezoning certain property located at the . northeast corner of the intersection of Belleair Rd and S Ft Harrison Ave, consisting of Lots 8-21, Oak Haven Subdivision, and M&B 44.23, whose post office address is 620 Belleair Rd, from General Commercial (eG) to Neighborhood Commercial (CN); providing an effective date. Z 98-08 ACTION: Continued to the meeting of June 2, 1998 .0 Board and Staff Comments -- Discussion Adjournment -- 6:08 p.m. pzact05b.98 2 05/19/98 1 I ~ . f ~:,' ;,.} 'v ,c' .,.'~ ~~.:~~i~~t....t1~'I'H""'" ct'\p.I,.!:c'. _; !c~F, "'.. , ',... ' ','..'., .. 'I' ': ~ PLANNING AND ZONING BOARD CITY OF CLEARWATER May~9,1998 Present: Douglas Hilkert Gerald Figurski Edward Mazur Robert D. Bickerstaffe Frank Kunnen Rick Anderson David Gildersleeve Leslie Dougall-Sides Sandra Glatthorn Steve Doherty Teresa Mancini Gwen Legters Chair Vice Chair Board Member Board Member Board Member Board Member Board Member Assistant City Attorney Planning Manager Zoning Supervisor Associate Planner Board Reporter 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. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Minutes Approval - April 21 and May 5, 1998 e) . .....;.~ Hearing no additions or corrections, the Chair declared the minutes approved as submitted. c. Conditional Uses C1. Scott K. & Ruth S" Hale to permit a utility facility (Communications Tower) at 1796 Belleair Rd Sac 23~29~15, M&B 33.05, zoned CG (General Commercial.) CU 98.17 Staff recommended continuing the request to construct a new 1 20-foot telecommunications tower, to address public safety concerns relating to wind load capacity and fall zone. The Development Code Adjustment Board had continued a variance request regarding the item to May 28, to explore collocation and address area residents' concerns. Applicants' representative Jane Kelly expressed concerns with continuance, relating history of meetings with staff regarding structural design. land lease/ownership, state collocation practices, and how the applicants. have dealt with residents' concerns. She agreed to continue the item to no later than June 2, due to the applicants' September . deadline. o General discussion ensued regarding the City's position on locating telecommunication towers. Assistant City Attorney Dougall.Sides reviewed provisions of a proposed ordinance citing use restrictions. encouraging collocation, and asking applicants to contact surrounding property owners. She will copy the draft ordinance to board members. Telecommunications Act requirements were reviewed. mpzOSb98 1 05/19/98 , t. I" I , ~ .<'I"t::.it /' ..# '. 't:~~ Q Member Mazur moved to continue Item Cl, CU 98-17, to the meeting of June 2, 199B. The motion was duly seconded and carried unanimously. C2. 1M Clearwater Realtv. L TO (Kmart) to permit outdoor retail sales, display and/or storage at 26996 US 19 N See 30-28-16, M&B 31.02, zoned CC (Commercial Center.) CU 98-18 Staff recommended conditional use approval of an existing 6,875 square foot outdoor garden display area enclosed with a chain link fence. Tho applicant's current plan includes location of six semi-truck trailers being used for outdoor storage. The conditional use application was filed in response to a citation by the City's Community Response Team. Store Operations Manager David Vinyard said the outdoor garden storage area has existed eight years and did not know why permitting had not been obtained. He said the trailer storage is temporary, needed during the peak Christmas holiday season due to enormous growth of the subject location during the past 1.5 years. Plans are to phase out . trailer storage by the end of May, 1998. He expressed concern with staff's recommendation for a screening wall, stating landscaping could be installed along the existing chain link fence. He said an irrigation system exists, but does not function because it has had no landscaping to irrigate. No verbal or written support or opposition was expressed. Discussion ensued regarding potential landscaping and/or location of the recommended 4-foot wall. A comparison was made to temporary outdoor storage approvals granted to similar retail establishments. It was indicated a 4-foot wall was insufficient to screen 1 2- foot high trailers and landscaping was preferred. Continued use of on-site trailer storage was discouraged. Concern was expressed outdoor pedestrian areas are becoming more cluttered with display merchandise. Member Figurski moved to approve Item C2, CU 98-18, related to the garden area, subject to the following conditions: 1) All outdoor retail sales, displays and/or storage shall be maintained within the fenced area as depicted on the plan; and 2) applicant shall provide and maintain landscaping within the unpaved area located adjacent to SR 580 and Enterprise Road in accordance with the perimeter landscape requirements of Section 42.27. Conditional use approval is limited to the garden area and does not include on-site storage in trailers. The motion was duly seconded. Members Hilkert, Figurski. Mazur, Bickerstaffe, Kunnen, and Anderson voted UAye;" Member Gildersleeve voted "Nay." Motion carried. C3. WiJliam M. SheDhard. TRE/ SheDhard Famllv Trust/Lagoon Resort Motel (Clearwater Parasail, Inc.) to permit outdoor commercial recreation/entertainment at 619 Gulfview Blvd, See 17-29-15, M&B 22.01 and Bayside Sub No.5, Blk C, Lots 1-5 and riparian rights, zoned CR' 28 (Resort Commercial) and OS/R (Open Space/Recreational.) CU 98-20 Staff recommended a continuance as the Harbormaster is unable to attend today's meeting, but wishes to address safety concerns cited by the Marine Advisory Board related to this application. mpz05b9B 2 05/19/98 .t ,< . - , ' ~ ,,olli""l\ . l:','.:j./ l..) Tim Johnson, Jr., attorney representing the applicant, opposed a continuance, citing potential loss of revenue for his client. He felt adequate time had been allowed for submission of comments by staff, Marine Advisory Board and the Sheriff's Department. Discussion ensued. Mamber Figurski moved to hear the merits of Item C3 today. The motion was duly seconded and carried unanimously. The meeting recessed from 2:61 to 3:04 p.m. for board review of letters and documentation submitted at the start of the item. Mr. Doherty said staff's review of documents and statistics relating to the proposal indicate personal watercraft could pose hazards to other vessels and swimmers. Questions were raised regarding sobriety and competence of operators and passengers to use personal watercraft safely when operating from an establishment where alcoholic beverages are served outdoors. Discussion ensued regarding possibility of receiving Coast Guard approval for extending the No Wake zone an additional 75yards from the subject property. Clifton Conatser, the business operator/applicant, responded to questions regarding current location of the No Wake zone and navigational markers in relation to the subject property. In response to questions, Assistant City Attorney Dougall-Sides detailed Supplementary and General code standards relating to proposed activities. While safety is not mentioned specifically, she noted the code does not differentiate between vehicular and vessel traffic with regard to compatibility with surroundings and the zoning district. Mr. Johnson argued merits of the case as written in his May 6 letter to staff. He said the business operator will carry $1 million insurance and will do his best to ensure sobriety of personal watercraft operators. No complaints have been received regarding the existing parasail operation. . Mr. Johnson cited four establishments that access the beach with personal watercraft, some through swimming areas. He reviewed conditional use standards for approval, and discussed pertinence of Marine Advisory Board and Harbormaster recommendations. Safety record, public opinion, crowded waterway, and noise conditions were discussed in relation to personal watercraft. He noted safety standards are not addressed in the code; and neither Coast Guard nor Sheriff's Department has taken a stand against personal watercraft. The applicant is responsible, will meet insurance standards and comply with state law. No basis for denial exists. In response to questions, Mr. Conatser said he proposes adding four (2-passenger) jet skis, and one flats boat, to the 3 existing fishing boats at the parasail operation. He reviewed age requirements and laws governing personalwatercraft rental and operation. Discussion ensued regarding how to interpret code and which standards to apply regarding public health, safety, and welfare for commercial entertainment proposals. No verbal or written support was expressed. Five persons spoke in opposition to the request, citing concerns of residents in 440 West Condominiums and Continental Towers, that public hearing notice was inadequate; noise, air, and water pollution will increase; beach erosion will worsen; overcrowding interferes with residents. enjoyment of waterfront activities; incompatibility with residential use, residents witness accidents and injuries; parasail boats lashing rnpzOSb98 3 05/19/98 ~ (~ u together, blocking swimmer's access to the beach; open alcoholic beverage containers carried onto the beach; personal watercraft operators are inadequately trained; Shophard's customers overflow the property; law enforcement at Shephard's is inadequate; boaters curse at swimmers in the water: traffic is heavy; and residents havt! no peace. A petition with approximately 35 signatures from 440 West Condominiums; two letters from general managers of adjacent motels, a May 18 memo from the Ci ty Harbormaster, May 13 Marine Advisory Board minutes, and numerous photographs of activities in the vicinity of Shephard's were submitted in opposition to the request. In summary, Mr. Johnson noted complaints regarding operations at Shephard's and Parasail City are not related to the applicant's business. He reiterated Clearwater parasail has received no complaints. Residents who choose to live on open water beaches are subject to the activities found there. The applicant is offering a service to the public and has met existing approval criteria. In response to questions, Mr. Conatser said he operates his business from 50 feet of waterfront at the far western end of Shephard's property. General discussion ensued regarding the public's lack of No Wake zone observance. Member Bickerstaffe moved to approve Item C3, CU 98-20. The motion was duly seconded. Member Figurski requested amendments to the motion. The motion was withdrawn in favor of a more specific motion. Member Figurski moved to approve Item C3, CU 98-20, subject to the following conditions: 1) Hours of jet ski operation are limited to 9:00 a.m. to dusk, seven days per week; the flats boat may be out after dusk and before 9:00 a.m.; 2) jet skiers will be required to honor the No Wake Zone and will idle through the No Wake Zone to access either the beach or the Gulf of Mexico; 3) there will be one boat or one jet ski available to act as a chase boat, respond to emergencies, or offer assistance to troubled jet skiers; 4) with regard to experience requirements, the business operator will comply with all current state Jaws that regulate this industry; 5) buoys shall be placed to identify the jet ski starting area and designate' the route jet skis may travel between open water and the beach; and 6) the operation is linited to four (4) jet skis and one (1) flats boat. Board discussion continued regarding the proposal. Residents were thanked for their attendance and involvement in the hearing, as their concerns weigh heavily in the board's deliberations. It was noted the board votes assuming no law violations exist. If this application were denied, all such businesses should be disallowed. Staff noted approval would create the need for a 2-parking space variance that can be handled administratively. Upon the vote being taken, the motion carried unanimously. C4. John A. Lahara/Medec. A Florida General PartnershiD (Encore Senior Living) to permit congregate core facilities at 620 Bellealr Rd. See 21-29-15, M&B 44.23 and Oak Haven, Lots 8-21, zoned proposed CN (Commercial Neighborhood.)eU 98-21 Planning Manager GJatthorn stated this application for an assisted living facility (ALF) is concurrent with rezoning Item 82, below. Staff felt confident the plan can be constructed as submitted, however, more information is needed, including a transportation impact study, mpz05b98 4 05/19/98 Member Figurski moved to continue Item C4, CU 98.21 and Item 02, Z 98-08, to the meeting of June 2, 1998. Thematian was duly seconded. ~ environmental analysis of the property, an accurate tree survey and determination of jurisdiction with regard to a creek through the property. Staff requested a continuance to allow time to bring forward a more complete plan for board consideration. Mike Gaylor, engineer representing the applicants, objected to a continuance, stating he has worked extensively to address staff concerns; the proposal is less intensive than many permitted uses for the site; and the plan saves as many healthy trees as possible. He felt it likely the creek in Question was not a jurisdictional matter, but a drainage ditch constructed for a previous use. In response to questions, Ms. Dougall-Sides said having members of the public contact a board member regarding a particular item does not constitute a conflict of interest for the board member. Staff and applicant responded to questions regarding the site plan approval and certification process for this item. In response to a question. Ms. Glatthorn said applicable submission requirements were met, but the site plan review committee had many concerns staff wanted worked out prior to bringing the item forward. <,f,!,.,'>\ \~. ..:.t' Discussion continued with regard to staff's rationale for continuing the item. Mr. Gaylor said he was shocked to hear a continuance was recommended, after having worked so closely with so many staff members. He would have provided any documentation requested by staff, had it been requested prior to today's hearing. He felt staff should proceed in a more orderly fashion. It was indicated the board has requested a conceptual site plan to assist in deciding whether a proposal is a compatible use of a property. Staff is charged with working out site specific details. Upon the vote being taken, Members Figurski, Mazur, Bickerstaffe, Kunnen, Anderson and Gildersleeve voted "Aye;" Member Hilkert voted "Nay." Motion carried. C5. ADOCAM II General Partnershio (Hampton Inn Clearwater Central) to permit nightclubs, taverns, and bars (new license) at 21030 US 19 N. Sec 18-29-16, M&B 14.01, zoned CH (Highway Commercial.) CU 98-22 Staff provided background, recommending approval with two conditions. Anthony Menna, representative, said a Hampton Inn is being developed on the site of a former Holiday Inn and Howard Johnson's. Both former uses had liquor licenses. The applicants desire opportunity to serve alcoholic beverages during Bar Mitzvah, weddings, and other guest events, in the extensively renovated banquet facility. He obtained from a representative of the adjacent church, and submitted for the record, written approval of the proposal. Discussion ensued regarding recommended conditions. General discussion ensued regarding history of operations on the site with regard to outdoor music, seating, activities, and landscape buffering. One letter of approval was submitted for the record. No other verbal or written support or opposition was expressed. ~.'" '.. , ., mpz05b98 5 05/19/98 ," -'p ". . ~ ~~~ ..;t/ .\..~ ' Member Figurski moved approval of Item 115, CU 98-22, subject to the condition: 1) The applicant shall obtain the requisite alcoholic beverage license within six months from the date of this public hearing. 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, Zoning Atlas Amendment. and Future land Use Plan Amendment for property located approximately 1,000 ft east of US 19 N and north of Allen Creek, M&B 22.01, 22.02 & 33.07 in Sec 29-20S-16E, Allen Creek Properties, Inc, I Harbourside Realty Holding Co. A 98-16, LUP 98-06 Staff recommended endorsement of the request to annex 62.11 acres of vacant property to obtain City water and sewer services for a proposed 644-unit apartment development. City staff and the Pinellas Planning Council support the annexation, initial MPO (Master Planned Development) rezoning request, and the associated Countywide Land Use Plan amendment. It was noted applicants have cooperated extensively with staff to prepare an attractive and informative presentation. In response to a question, Ms. Glatthorn said the land is assessed at $966.9 million. She did not have data on the estimated value when the project is completed. Todd Pressman, representative, described the features of the proposed premier apartment complex, reviewed drawings showing the project's size and location in relation to surrounding properties and wetlands. Southwest Florida Water Management District (SWFWMD) jurisdictions were reviewed. Zoning and site plan details were reviewed with regard to amenities, design, roads and traffic. density, height, orientation to the water, floor plans and construction materials. No verbal or written support or opposition was expressed. Staff responded to questions regarding which of the plans before the board applies, and whether the presentation is of a site plan or conceptual plan. Mr. Doherty said the most recent site plan is essentially what the final product will be, but final adjustments will be done before the plan is certified. Discussion ensued regarding how to draw some of St. Petersburg's boat traffic to Clearwater. Staff responded to questions regarding landscaping the entryway easements. In response to questions, Mr. Pressman said rental rate for the apartment units will be $1,500 to 1,900 per month, ingress/egress to the nor~h is for emergency.access only, and wetlands issues have already been addressed. Member Bickerstaffe moved to endorse Item 01, A 98-16 & LUP 98-06, to the City Commission. The motion was duly seconded and carried unanimously. 02. Amending the Zoning Atlas of the City by rezoning certain property located at the northeast corner of the intersection of Selleair Rd and S Ft Harrison Ave, consisting of Lots 8-21. Oak Haven Subdivision, and M&B 44.23, whose post office address is 620 Belleair Rd, from General Commercial (CG) to Neighborhood Commercial (CN); providing an effective date. Z 98-08 This item was continued to the meeting of June 2, 1998. See discussion during Item C4, above. mpz05b98 05119/98 6 .: ~ t~ I ~\~~J u Board and Stoff Comments Discussion ensued regarding retention schedule for board members' notes. Board members noted Member Bickerstaffe has completed his second consecutive term on the Planning and Zoning Board. They expressed pleasure at having served with him, and thanked him for his years of service and insight on board matters. Mr. Bickerstaffe reviewed key events during his four terms on the board during the past twenty years. He expressed disappointment with areas where the City has not progressed, but praised City Manager Mike Roberto's vision for Clearwater's future. He looked forward to implementation of the new land development regulations. Assistant City Attorney Dougall-Sides submitted a final order rescinding all previous conditional use approvals for property located at 2516 Gulf to Bay Boulevard, (formerly "Planet Bubba", "Jamz.N~Java", Calypso Bay", etc.). The order has been prepared at the board's direction. Member Bickerstaffe moved to accept and approve the above final order, as submitted. The motion was duly seconded and carried unanimously. Board members expressed concern the public hearing notification process does not provide onough time for surrounding property owners to prepare responses and arrange to attend public hearing items. Staff was requested to. review the public hearing notification requirements with a view toward increasing mailing lead time to 15 days prior, instead of the current 10 days. If a code change is required, staff was requested to prepare an amendment. ' Concern was expressed with delaying endorsement of a detailed site plan for Item 02, above, because of some nebulous tree issues, but endorsing Item 01 when it deviates seriously from what was originally proposed. Concern was expressed it was not clear which version of Dl 's plan was endorsed to the City Commission. Ms. Glatthorn reiterated staff has worked intensely with the applicant, has dug deeply into site issues, and has addressed those issues in writing. Adjournment The meeting adjourned at 6:08 p.m. Ch r Planning and Zoning Board .. Attest: cfbu/tlJ?ftti0 Board Reporter mpzOSb98 7 05/19/98 1 ( l I, , ,', '.. ....