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PLANNING AND ZONING BOARD MEETING CITY OF CLEARWATER March 2, 1999 , Present: Douglas Hilkert Gerald Figurski Frank I<unnen Edward Mazur Steven Chandler Chair Vice Chair Board Member Board Member Board Member Absent: David Gildersleeve Rick Anderson Board Member Board Member Also Present: Leslie Dougall-Sides Antonia Gerli Sinta McCall Brenda Moses Assistant City Attorney Planning Manager Planner Board Reporter The Chair called the meeting to order at 2:01 p.m. at City Hall, followed by the Invocation, Pledge of Allegiance, and a review of meeting procedures and the appeal process. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM A - Minutes of Previous Meetina - February 2, 1999 Member Figurski requested the motion regarding Item C 1, Condition #4 read, . "the 20-foot right-of-way on Grove Street be vacated as a condition to the zoning being effective." The motion to amend was duly seconded and carried unanimously. " Member Figurski moved to approve the minutes of February 2, 1999, as amended. The motion was duly seconded and carried unanimously. Due to the number of amendments made concerning Case CU 99-04 on February 2, 1999, the Chair requested the Board Reporter restate the entire motion for that case in one paragraph. ITEM B - Reauests For Extension, Deferred And Continued Items - None. ITEM C - Conditional Uses 1. Thomas A. & Frederic T. Nott (Clearwater Cars) to permit vehicle sales at 700 Cleveland St., Gould & Ewing's 2nd Add, Blk 14, Lots 6&7, zoned UC(C) 2 (Urban Center [Corell. CU 99-07 The applicant requests a conditional use permit to convert a storage room to an office for used car sales at 700 Cleveland Street. The building also has a skate mpz0399 1 03/02/99 '. , ~ . ; " .' " : : ~ I ." ..' : _,:",'.:,::.,:: .:.-...: .,,1-:': :'.~" '. . '.: l ,I :.: ':':'. "':"~':"""" I '. ".',:, ~ ,.... . l' .' . A. I ) ~, > " '. . "~" ".< ",' .'.',.,. '.~. ~ ..: . 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Mr. Nott distributed photographs of sites within 1f2 block of his property. He said Peter Gazza, former CRA (Community Redevelopment Agency) Director, had sold him on owning property in Clearwater, as Clearwater was in a redevelopment mode and "things were going to happen." Mr. Nott said the eRA had provided him an interest free loan to upgrade the building which was his commitment to downtown development. The property previously had a rental car business with parking surrounding it. He said he had committed $300,000 to the business. He distributed a sketch done prior to receipt of information from staff. He said the property had been a parking lot for more than 40 years and is. closer to an active railroad track than the post office. He said the railroad appurtenances detract from the area's attractiveness. He requested the same consideration provided other redevelopment plans. He said some of staff's comments are inaccurate or arbitrary. He. felt the property is above standards. He has submitted a revised site plan. ~ and rollerblade shop. The business, in the heart of the downtown urban core district, is at the intersection of Cleveland Street and East Avenue. Staff recommends denial as the project: 1) does not comply with the Comprehensive Plan and development regulations to encourage more pedestrian, residential and employee oriented development in the downtown district: 2) is not compatible with the community character of surrounding properties; 3) does not include landscape plans to diminish noise, reduce glare, or buffer activities; 4) testing and revving automobile engines on the lot, and prospective buyers taking test drives may diminish the enjoyment or value of surrounding properties; 5) offers only 7 % open space, which is inconsistent with open areas on surrounding properties; 6) is devoid of landscaping and almost entirely paved; and 71 is not consistent with community welfare. The Comprehensive Plan, Land Development regulations, and Downtown Design Guidelines, mandates community welfare and commands downtown redevelopment to result in a vibrant, attractive town center. The applicant has proposed no site amenities, enhancements, or improvements. In response to a question, Planning Manager Antonia Gerli said the applicant had submitted the distributed site plan with the application. The site meets parking requirements of 4 spaces per 1 ,000 square feet. The Chair reviewed board rules, noting this is the board's last meeting. The new Community Development Board will hear left over and new cases. ;lI!'.~ C~~ , , Tom Nott, applicant, said staff had provided him minimal and misleading Information prior to his submission o'f the application. He said after contacting the Planning Director and City Manager on February 12, 1999, Planner Sinta McCall telephoned him on February 17, 1999, stating he could pick up code information. He said he had filed his application on January 12, 1999. The meeting recessed from 2:36 to 2:37 p.m. o Janet Nott, applicant, said Nott's car lots always have been attractive. She said they maintain high business and moral standards, have 40 years of retail experience, and have made a substantial financial investment in Clearwater. Mr. Nott said the proposed project meets code requirements. mpz0399 2 03/02/99 f I \ 1 I I I I f \ ~ Discussion ensued. Ms. Dougall~Sides reviewed the appeal process. Mr. Nott said his request would be reviewed under the new stricter code if it is continued. He said he did not understand procedure. ~ Assistant City Attorney Leslie Doug'all-Sides said the City had received three letters of opposition to the application. Lillian Trickel, Trickel's Jewelry; said the skate shop has allowed skaters to run along her property, and into her building. She felt the skate shop is undesirable and a used car lot would be more undesirable. Mr. Nott said the skate shop is run by his nephew who is responsible, works with kids, and has actively promoted skate parks. He said problems experienced by Ms. Trickel were addressed and no longer exist. In response to a question, he said he had made the site available to skaters on Saturdays. He said skating will be eliminated if the request is approved. He said the dealership will have a low volume. He said automobiles will not need to be road tested, nor engines revved. He said the site is currently a parking lot and he can control what is parked there. It was remarked other businesses mentioned by Mr. Nott were properly zoned and did not require conditional use approval. To obtain a conditional use, it was stated the applicant must agree to do certain things. It was felt the application . did not comply with City regulations. Mr. Nott said he has no problem doing what the City wants, but needs to know what that is. He felt his plans are acceptabl.e. (:~ Member Mazur moved denial of the application. The motion was duly seconded. In response to a question, Ms. Gerli said vehicle sales are not a permitted use in the downtown core district. It was noted Mr. Nott had expressed a willingness to work with staff on an acceptable proposal. It was stated attorneys can convince the board to approve controversial items. As Mr. Nott was not represented by an attorney with a fancy presentation, it was felt the process in fundamentally unfair. It was suggested the bo~rd consider conditions of approval. It was stated attorney's have little impact on a board member's decision as the board reviews the applications. It was felt staff's recommendation was clear. Upon the vote being taken, Members Figurski, Kunnen, Mazur, and Chandler voted "Aye"; Chair Hilkert voted "Nay." Motion carried. 2. Henrv & Marv Ann Boerner (TBD) to permit veterinary office/out patient care at 510 South HiClhland Ave., Breeze Hill, Blk A, Lot 20, zoned OL (Limited Office). CU 99-10 John Brunson, representative, requested the case be continued. mpz0399 3 03/02/99 I I ! t I t , I L o Member Figurski moved to continue Item C2, Case CU 99-10 to a date uncertain. The motion was duly seconded and carried unanimously. The applicant requests a conditional use permit to permit recreational vehicle storage at 606 East Turner Street. Staff recommends approval. In response to a question, Ms. GerH said a more detailed site plan will be requested when the applicant applies for a new fence. The applicant has not submitted landscaping plans, although it will be required. ~ 3. Hazel M. Wallace to permit recreational vehicle storage at 606 East Turner St., Wallace's Add, part of Blk 6 together with the vacated right-of-way of Rogers St. between Blk 5 and Blk 6, zoned CG (General Commercial). CU 99-11 Bill Wallace, applicant, represented his family. He said his family has a vested use for the property, but applied for a conditional use permit in a spirit of cooperation. He said the site has been used for a p~rking lot. The last tenant was Pinellas County. He submitted photographs of the new County parking lot and the types of vehicles which had parked previously in his lot. He opposed staff's recommendation to replace the chain link fence with a solid one. He said staff had required the entire property be landscaped. He plans to install landscaping along Turner Street and plant flowering vines on the chain link fence. He already has landscaped part of the property. He felt it is unnecessary to landscape the entire site, particularly near the City.owned retention ditch on the property's west side. He referred to a letter of support from East-West Realty, the property owner to the east. He had not requested a letter from Pinellas County which has a parking lot ""'~"\. abutting the chain link fence. He expressed paving requirements and obtaining a {'!'.,,~,' drainage permit for the storage area may be difficult as the site is compacted with shell. He questioned the condition related to vehicle repair. He said he does not plan to repair vehicles, but requested changing the condition to read "no commercial repair of any vehicle shall be permitted," as owners may wish to do minor repairs such as changing tires. Ms. Gerli said the conditional use process considers if uses are compatible with surrounding areas. This site is surrounded by three law firms and a realty office. A solid fence will make the use more compatible and hide it from surrounding uses. Required landscaping will hide the use from surrounding properties. Language could require a chain link fence that is screened completely on the Turner Street side. Paving requirements are included to keep the area clean and ensure drainage will flow onto the roadway. Ms. Dougall~Sides said the off~street parking ordinance suggests nonpaved surface parking will be permitted with City Engineer approval of a site plan. In response to a question, Mr. Gerli said when the site was used previously for vehicle storage and as a parking lot, it was considered off street parking, not outside storage. She said Condition #7 could be changed to allow only incidental repairs by RV owners. Ms. Dougall.Sides felt the applicant is not exempt from drainage permit criteria. It was felt staff can determine if the drainage permit is necessary depending on paving plans for the storage area. ,~) Member Figurski moved to approve CU 99-11, subject to conditions: 4.1) approved use limited to outdoor storage of recreational vehicles and storage area for RVs shall be limited to area within existing chain link fence only; 4.2) chain link fence shall be replaced with a solid fence which complies with all setback and mpz0399 4 03/02/99 , I I I It was requested standard condition be added, "this conditional use permit is based upon the application, testimony, and documents submitted by the applicant, including maps, plans, surveys, and other documentation in support of the request." Member Figurski agreed to the added condition. ~ buffer regulations or landscaping shall be provided to cover completcly the chain link fence in accordance with a landscaping plan approved by staff: 4.3) the cntire property shall be landscaped according to a landscape plan approved by staff; 4.'4) no recreational vehicle shall be used for living, sleeping, or housekeeping purposes: 4.5) no vehicle shall be parked on the property for the purpose of displaying such vehicle for sale unless the site is approved for vehicle sales; and 4.6) no repair of any. vehicle shall be permitted, provided however, vehicle owners shall be permitted to do. minor incidental repairs, for example, changing and rotation of tires. The motion was duly seconded. Discussion ensued. Member Figurski amended his motion so that Condition #4.3 reads, "Landscaping shall be provided along Turner Street to cover completely the chain link fence in accordance with' a landscaping plan approved by staff." It was suggested adding language stating the applicant shall obtain an occupational license within one year from the date of the public hearing. Member Figurski agreed to the added condition. The seconder agreed to the additions. (~~) .-;..... . The Chair reiterated the motion: 1) this conditional use permit is based upon the application, testimony, and documents submitted by the applicant, including maps, plans, surveys, and other documentation in support of the request; 2) landscaping shall be provided along Turner Street to cover completely the chain link fence in accordance with a landscaping plan approved by the staff; 3) the entire property shall be landscaped according to a landscape plan approved by staff; 4) no recreational vehicle shall be used for living, sleeping, or housekeeping purposes; 5) no vehicle shall be parked on the property for the purpose of displaying such vehicle for sale unless the site is approved for vehicle sales; and 6) no repair of any vehicle shall be permitted, however, vehicle owners shall be permitted to do minor incidental repairs, for example, changing and rotation of tires. Upon the vote being taken, the motion carried unanimously. Mr. Wallace questioned Condition #3. Consensus was that Condition #3 is unnecessary as Condition #2 addresses the landscaping requirement along Turner Street. o The correct conditions are: 1) this conditional use permit is based upon the application, testimony, and documents submitted by the applicant, including maps, plans, surveys, and other documentation in support of the request; 2) landscaping shall be provided along Turner Street to cover completely the chain link fence in accordance with a landscaping plan approved by the staff; 3) no recreational vehicle shall be used for living, sleeping or housekeeping purposes; 4) no vehicle shall be parked on the property for the purpose of displaying such vehicle for sale unless the site is approved for vehicle sales: and 5) no repair of any vehicle shall be permitted, mpz0399 5 03/02/99 I l t I I [ I t !. c c : . .. , . l . c' ~' . .: ", , , ','. ';'c' -':'-' : . , I :::'~ e '~~r/l;J' ~,}l~\.J . u , ,":) '. c, (. i. provided however, vehicle owners shall be pennitted to do minor incidental repairs, for example, changing and rotation of tires. ITEM D - ANNEXATION. ZONING. LAND USE PLAN AMENDMENT. LAND '" DEVELOPMENT CODE TEXT AMENDMENT. AND LOCAL PLANNING AGENCY REVIEW - None. ITEM E - CHAIRMAN'S ITEMS The Chair thanked board members for the opportunity to serve. He said the experience has been interesting and felt the board has improved the. City. He thanked board members for their service. ITEM F - DIRECTOR'S ITEMS - None. ITEM G - BOARD AND STAFF COMMENTS Member Figurski said he was thankful so many good people have served on .this board over the years. He said the board reflects our system ot'government which allows citizens to make decisions. ITEM H - ADJOURNMENT - 3:51 p.m. Qui . . Chair . ATTEST:~Nl.et h1(t2b '. .. 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