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05/01/1990 MINUTES PLANNING & ZONING BOARD TUESDAY, MAY 1, 1990 Members Present: Chairman Johnson, Ms. Nixon, Messrs. Mazur, Schwob, Ferrell, Gans Members Excused: Mr. Hamilton Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager A. Motion was made by Mr. Schwob, seconded by Mr. Mazur, to approve the minutes of the April 3, 1990 meeting and the April 17, 1990 workshop as written. Motion carried unanimously (6 to 0). Chairman Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. 1. (Request for Extension) M&B 31.01, Sec. 30-28S-16E (2696 US 19 No.) Mobil Oil Corp.(Mobil Service Station #92-483) Angela Adams CU 89-35 Request - 2-APS (Package Sales of Alcoholic Beverages) Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Angela Adams, 540 4th Street North, St. Petersburg, applicant's attorney, stated Mobil Oil plans to rebuild on this site, and have received approval for a conditional use for 2 APS alcoholic beverage license. The problem is that as a condition of approval, the building permit was to be procured within six (6) months. Due to an internal conflict regarding the portion of the site that is to be condemned, Florida D.O.T.'s approval has been delayed. Ms. Adams stated that a trial is scheduled for July regarding the condemnation, and expects the matter to be resolved prior to the trial date. In response to a question by the Board, Ms. Adams stated Mobil is aware that there will be an over-pass constructed at the subject location. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Mazur to approve the request for extension for six months. Motion carried 5 to 1, with Ms. Nixon voting "nay" due to the traffic impact. 2. 51 Island Way Condominium (51 Island Way) Harold R. Decker CU 90-25 Request - For marina expansion to allow additional finger pier Zoned - RM-28 (Multiple Family Residential) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Harold Decker, 51 Island Way, applicant, stated an application has been filed and permits issued for the tie poles and approval is needed for the finger pier. The existing pier is a step below the existing dock, and the proposal is to slightly widen the existing finger pier and to bring it up to the level of the dock. Mr. Decker added that this will provide a safer way of getting on and off boats. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob and seconded by Mr. Ferrell to approve the above request subject to the following conditions: 1) The requisite building permit shall be obtained within six (6) months of this public hearing; and 2) Approval shall be granted from the Pinellas County Water and Navigation Control Authority. Motion carried unanimously (6 to 0). 3. Island View Condominium (241 Skiff Pt.) James E. Daughtry CU 90-26 Request - To permit marina boat lift addition Zoned - RM-20 (Multiple Family Residential) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Michael Murphy, 770 Island Way #204, applicant's representative, stated dock has been repaired, and that the Harbormaster and City Engineering Department has approved the request. In response to a question by the Board, Mr. Murphy stated the capacity of the boat lift is 10,000 pounds. Mr. Murphy questioned the necessity of the conditional use process in cases such as this. In response, the Board replied this process provides a public hearing enabling anyone adversely affected to have the opportunity to express their opposition. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Ms. Nixon, to approve the above request subject to the requisite building permit shall be obtained within six (6) months of this public hearing. Motion carried unanimously (6 to 0). 4. Lots 13-24, Midway Sub. (575 Hercules Ave. So.) Morritt Homes, Inc. (Latchkey) CU 90-27 Request - To permit child day care Zoned - OL (Limited Office) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Patty Stough, 1421 Court Street, applicant's representative, stated that staff had presented their case appropriately and added that in submittal of the site plan for review by the D.R.C. the site has been divided into two phases so that the building of the Latchkey Building would not be contingent to the vacation of Turner Street, in the event the vacation of Turner Street does not go through, it will then impact the office which is Phase 2 of the project. The Latchkey Building will not be affected by the vacation not going through. Linda Morlock, 280 Bailey Street, Safety Harbor, Executive Director of Latchkey Services for Children, stated Latchkey is a non-profit organization and are currently operating 27 before and after school care and 6 preschool centers in Pinellas County, currently serving children ages 2 through 5. The intent of this facility is to provide services for infants primarily for children of adolescent parents and expect a number of clients to be Clearwater High School students. In response to questions by the Board, Ms. Morlock stated the high school dismissal time (2:30 p.m.) will not conflict with the children at the center being picked up as most parents will be arriving to pick-up children between 5:30 p.m. and 6:00 p.m. Peter Perhach, Vice President of Morrit Homes, Inc., 550 Lakeview Drive, Palm Harbor, spoke in reference to the construction of the 6000 sq.ft. office building on Phase 2 of the site. He explained the primary purpose for the construction of the building is to consolidate the Armed Service Recruitment offices. They presently occupy 2300 sq.ft. in the shopping center owned by Morrit Homes, Inc. on Hercules and Gulf to Bay and have requested 4000 sq. ft. which is not available in the shopping center. In response to questions from the Board, Mr. Perhach stated that the existing building in Phase 2 would be remodeled for retail space and that the Happy Times Nursery will be incorporated into the Latchkey facilities, servicing an age group that Latchkey does not. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Gans to approve the above request subject to the following conditions: 1) The applicant shall obtain vacation approval of the right-of-way for Central Boulevard or the site plan shall be revised accordingly prior to certification of a final site plan; 2) The areas designated for interior landscaping shall be delineated by shading or crosshatching on the final site plan for review by the D.R.C.; 3) The required loading space and location of the sidewalks are subject to approval by the Traffic Engineer, prior to submittal of the final site plan for review by D.R.C.; 4) Signs and fencing/walls are subject to separate review and permitting processes; and 5) The requisite building permits and certificates of occupancy shall be obtained in accordance with the time limitations to be placed on the certified site plan. Motion carried unanimously (6 to 0). 5. Lots 14-16, and part of Lots 1 and 2, Magnolia Park (611 So. Myrtle Ave.) John R. Bonner, Sr. and Elwood Hogan, Jr. (Lincoln Learning Labs) CU 90-28 Request - To permit tutoring of children as part of counselling service (use not specifically identified in the Code) Zoned - OL (Limited Office) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Kathryn McGhee, 5893 50th St. So., St. Petersburg, stated Lincoln Learning Labs is a counselling and learning center for children with learning disabilities. Since starting at the Lakeview address they have received a grant from the National Institute of Mental Health to provided services for 180 children in Tampa and Pinellas County. Ms. McGhee stated an additional 400 sq. ft. is needed, and a condition that parents escort children in and out of the building is enforced. Ms. McGhee added that in 3 years of operation there have been no complaints. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Ms. Nixon to approve the above request subject to the requisite occupational license being obtained within 6 months from the date of this public hearing. Motion carried unanimously (6 to 0). 6. Isle of Clearwater Condominium (200 Dolphin Pt.) Richard L. & Jo Ann Morine CU 90-29 Request - To permit marina finger pier extension Zoned - RM-20 (Multiple Family Residential) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Robert Moore, 56 Baywood Drive, Safety Harbor, representing the applicant, stated there has not been any objections from the residents, and that the Harbormaster has approved the request. In response to questions by the Board, Mr. Moore stated the finger will be for the exclusive use of unit 402 and the extension is needed because the finger as it exists is not large enough for the boats to get in and out. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob and seconded by Mr. Ferrell, to approve the above request. Motion carried unanimously (6 to 0). C. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment, and Local Planning Agency Review: 1. Tract C, D.E. Lame Survey, Located on the W. side of Bayview Ave., approximately 400 ft. S. of Gulf-to-Bay Blvd. Ciulla & Condino A 90-03, LUP 90-05 Request - Annexation and Zoning, RM-8 (Multiple Family Residential) LAND USE PLAN: FROM: None TO: Low Density Residential Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Discussion ensued regarding the zoning designation and conditional use requirements. The Board felt the zoning designation of RS-6 would be more appropriate with the surrounding uses and the existing use could be "grandfathered" with the annexation. Ralph Condino, Jr., 520 Bayview Avenue, stated requesting annexation for obvious reasons, sewer, sanitation, police and fire services. Mr. Condino explained the facility is for abused and under privileged children and is currently licensed for 15. Motion was made by Mr. Schwob, and seconded by Ms. Nixon, to approve the above request subject to the following condition: the zoning designation to be RS-6 allowing the existing facility to continue under non-conforming regulations. Motion carried unanimously (6 to 0). 2. PARCEL 1 Lots 8-11, Blk. B, Scotia Hts., Located between Highland Ave. and Braund St., approximately 475 ft. south of Nursery Rd. Wilkes A 90-04, LUP 90-04 Request - Annexation and Zoning, OL (Limited Office) LAND USE PLAN: FROM: None TO: Residential/Office PARCEL 2 Lots 46-49, Blk. B, Scotia Hts., Located between Highland Ave. and Braund St., approximately 475 ft. south of Nursery Rd. Wilkes A 90-04, LUP 90-04 Request - Annexation and Zoning, RS-8 (Single Family Residential) LAND USE PLAN: FROM: None TO: Low Density Residential Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Aubrey Wilkes, 1529 Braund Street, applicant, explained he is not annexing for the purpose of obtaining sewer services. He has requested annexation of the Wilkes Nursery property which adjoins the property on which his home is located. He stated he has no intention to develop or sell the property and requests the same zoning as the surrounding properties for the property where his home is located. In response to a question by the Board, Mr. Wilkes stated his family has owned this property for over 50 years. Mr. Wilkes stated that the shopping center wall being constructed is extending far beyond his property line. Mr. Shuford stated that due to new information concerning the location of shopping center wall, the staff would recommend approval of the request as submitted by the applicant. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above requests, as submitted by the applicant. Motion carried unanimously (6 to 0). 3. Part of Lot 11, Clearwater Industrial Park, Located on the north side of Calumet St., approximately 170 ft. west of Belcher Rd. Capel Industries, Inc. A 90-05, LUP 90-06 Request - Annexation and Zoning, IL (Limited Industrial) LAND USE PLAN: FROM: None TO: Industrial Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation. Bobby Capel, applicant, stated his company manufactures equipment for the electronics and aerospace industry. The business is a space intense business not people intense business which currently has only 10 employees. Mr. Capel stated that the current Clearwater Code would require 50 parking spaces, and that this type business does not require that many parking spaces. In response to a question by the Board, Mr. Capel stated the site plan currently shows 16 parking spaces. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Ms. Nixon to approve the above request subject to the variance for parking being obtained, such approval to run with the current use. Motion carried unanimously (6 to 0). E. Chairman's Items In response to a question by the Board Mr. Polatty advised that the items from the April 17, 1990 meeting had to be deferred to May 15, 1990 in order to readvertise them. F. Director's Items In discussion of Concurrency Management System the Planning and Zoning Board members discussed the following issues presented by the staff: 1. The Concurrency Management Ordinance should be referred to as the "Concurrency Management (Adequate Public Facilities) Ordinance" to better inform the public of the purpose and intent of the concurrency regulations. 2. The Vested Development Rights and/or Concurrency Management Ordinance should explicitly spell out how substantial deviations to DRI development orders will be handled with regard to concurrency (e.g., in accordance with State of Florida procedures). 3. The effective date of the Traffic Impact Study Ordinance should be immediately upon adoption, as provided, since the newly-provided exemptions may affect existing site plans. The other ordinances should be effective on May 31, 1990. This will provide maximum flexibility for developers whose plans are already in the process. 4. Some time frame needs to be established for vesting determinations by the Director of Planning and Development; a 60 day review period by the Director was suggested. This would require prompt action by the Director on vesting determinations. 5. An appeal system for positive determinations of vested rights, including the circumstances and time period in which an appeal can be made, should be explicitly stated in the Vested Development Rights Ordinance. This would provide all parties with a clear understanding of how appeals could be made, as well as providing needed limits on appeals. VESTED DEVELOPMENT RIGHTS 6. Amend Sec. 137.074 (a) to read: "The development is an approved development of regional impact, and the development is not determined to be in substantial deviation with regard to any adopted level-of-service standards established in the Comprehensive Plan." {This proposed change was recommended by the Planning and Zoning Board as it appeared to address the development of regional impact concern expressed in Item #2 above.} 7. All references to "date of adoption" should be changed to "effective date". {The Planning and Zoning Board felt that since the Vested Development Rights Ordinance was recommended to go into effect May 31, 1990, the reference should be changed.} DEVELOPMENT AGREEMENT 8. Amend Sec. 137.043 to delete subsections 8, 10, 12, 13, 14, 15. {The Planning and Zoning Board felt that the content of the required submissions for a development agreement should be provided in an administrative manual, rather than by ordinance. The recommended change would be to modify the Section to simply read: "Upon a determination by the City Commission that it desires to proceed with further negotiations relative to a development agreement, the property owner shall promptly submit a development proposal for the subject property containing any information required by the City Manager pursuant to established administrative policies for development agreements."} 9. Amend Sec. 137.044 to add the phrase ",in and of themselves," after the word "owner" in line 7 of the Section. {The Board felt that this was primarily a legal issue, and indicated its acceptance of whatever the City Attorney deems appropriate.} 10. Amend Sec. 137.046 to: (1) Reduce Planning and Zoning Board review period to 30 days; (2) Require waiver of recommendation if not completed in 30 days. {The Planning and Zoning Board was strongly opposed to these proposed changes.} 11. Amend Sec. 137.047(2) to permit extension of development agreements beyond 5 years. {The Board recommended amending the ordinance to allow extending development agreements beyond five years, pursuant to the public hearing requirements established in state statutes.} 12. Amend Sec. 137.047(4) to delete requirement for conceptual site plan altogether. {The Planning and Zoning Board was strongly opposed to deleting this requirement.} 13. Amend Sec. 137.047(11) to delete "monetary penalties" language. {The Board referred this comment to the City Attorney.} TRAFFIC IMPACT STUDY 14. Amend subsection (8)(a) to read: "The development is an approved development of regional impact, and the development is not determined to be in substantial deviation with the Traffic Circulation Element of the Comprehensive Plan, if the development order was approved prior to [the effective date of this ordinance]." {The Planning and Zoning Board felt that this proposed change was appropriate, and that it helped address the issue raised in Item #2 above.} CONCURRENCY ORDINANCE 15. Amend Sec. 137.063(4)(b) to read: "attempt to arrange" rather than simply "arrange". {The Planning and Zoning Board was strongly opposed to this proposed change because it felt that the wording would permit clearly bogus efforts to provide required facilities to clog the system with encumbrances.} Meeting adjourned at 3:45 p.m.