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07/17/1990 MINUTES PLANNING & ZONING BOARD TUESDAY, JULY 17, 1990 Members Present: Chairman Johnson, Ms. Nixon, Messers. Mazur, Schwob, Ferrell, and Gans Members Excused: Mr. Hamilton, Mr. Ferrell Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Louis R. Hilton, Planner II 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. A. Motion was made by Mr. Schwob, and seconded by Mr. Mazur to approve the minutes for July 3, 1990. Motion carried unanimously (5 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. CONTINUED FROM JULY 3, 1990 M&B's 33.03 & 33.04, Sec. 17-29S-16E, (1051 U.S. Highway 19 S) Gateway Marine, Inc./Gateway Investments (Maximo Motors), CU 90-44 Request - 1) Vehicle Service; 2) Outdoor Retail Sales, Displays and/or Storage Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Harry Cline, 400 Cleveland Street, representing the applicant, stated the request is to allow a service maintenance building to be used in conjunction with the current use of vehicle sales on the property. Mr. Cline stated that the requested use is compatible with the zoning designation and the surrounding areas, and that the request meets the Standards of Approval as stated in the Code. In response to questions by the Board, Mr. Cline stated that this will not be a new car dealership but will be used for used car sales and service only. The vehicle service will be performed on vehicles to be sold on the lot. Discussion ensued with the Board expressing concerns including the following: what constitutes "major" repairs and the compatibility of the proposed use with the neighborhood. 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 following conditions: 1) The requisite occupational license must be obtained within six (6) months, or as otherwise approved on the requisite amended certified site plan; 2) The outdoor display, sales and/or storage areas shall be clearly delineated and dimensioned on the requisite certified site plan, clearly delineated on the site to assist in code enforcement. Parking or display of vehicles shall be prohibited within any required open space/yard areas or street rights-of-way. (NOTE: Staff has deleted the requirement for paving/surfacing the outdoor displays areas.); 3) There shall be no door/window or other openings on the east side of the proposed repair structure, except emergency exits and non-opening windows; if opening windows are desired, they shall be no lower than 10 ft. from the finished floor of the structure and the ceiling and eastern wall of the structure shall be insulated; 4) No repairs shall occur between the hours of 6:00 pm and 7:00 am Mondays through Saturdays and all day on Sundays; 5) The requisite interior and perimeter landscaped areas shall be landscaped in accordance with Code requirements and a landscape plan shall be submitted for approval by Environmental Management prior to the issuance of a building permit on the site; 6) The proposed 815 square foot outdoor display area on Parcel B within the existing driveway off US 19 shall be modified or delineated in accordance with the requirements of the Traffic Engineer; 7) As the development is now being proposed as one unified site development (and parking on one parcel depends on parking on the other parcel), a shared parking easement must be prepared; 8) There shall be no outdoor speakers that are oriented in any direction except a westerly direction; 9) All permitted vehicle service shall be indoors; 10) All parts shall be stored indoors; 11) Continuous fencing shall be provided along the east property line; 12) All lighting shall be oriented away from the residential areas; 13) Major repairs including engine or transmission dismantling, painting, body, fender,muffler, and upholstery work shall be permitted; 14) Five feet long by four inch wide white lines to be painted on the pavement to identify the limits of the outdoor display areas; and 15) The south entrance of Parcel B will be striped to provided traffic control for entering and exiting the site. Motion carried unanimously (5 to 0). C. CONDITIONAL USES: 1. 700 Island Way II Condo, (700 Island Way, Unit 402), Joseph A. Cappello, CU 90-47 Request - To permit marina boat lift Zoned - RM-28 (Multi-Family Residential) and AL/C (Aquatic Lands/Coastal) Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation, and noted that 4 letters were received, 1 in support and 3 in opposition. Al Schmoyer, Brad's Custom Docks, 4300 58th Avenue North, St. Petersburg, representing the applicant, stated that the request is for a boat lift in an existing slip. Mr. Schmoyer stated that Mr. Cappello resides at this location and does not want to change or obstruct the view and has chosen a type of lift that has no structure above the profiles of the boat. Mr. Schmoyer felt that a lift of this type which has an electric motor and makes no noise will have little or no impact on the marina and general area. In response to a question by the Board, Mr. Schmoyer stated that typically a 30 ft. boat is the largest boat used for a lift, however, lifts can be designed to accommodate much larger boats, but felt that would not be the case at this location. In support, John Laidlaw, 736 Island Way, Apt. #205, stated that in the past only 9 of the 16 boat slips at this location were owned by individuals and that there was no water or electric service to these slips. In 1989, the 736 Island Way Association voted to approve the sale of the remaining 7 slips so that they could be properly maintained. Mr. Laidlaw felt the type of lift Mr. Cappello is requesting is compatible as there is a 35 ft. boat in slip #16 that extends 13 feet from the water to the top of the boat, which is higher than Mr. Cappello's boat will extend when on the lift. Mr. Laidlaw stated Mr. Cappello had received the required approval of the 736 Island Way Association for this lift. In opposition, Leonard Slazinski, 700 Island Way, #206, stated he was not aware there were boat slips for sale, or aware of a meeting or the decision of the Association's Board to approve this lift. He stated that the 700 Island Way Association owns the walkway in front of the boat slips and also pays the electricity and water. He felt the decision of the Planning & Zoning Board should be postponed until a meeting of the Boards of both Associations could be held. In rebuttal, Mr. Laidlaw stated that Mr. Slazinski did not have proper information. The walkway in front of the slips, the swimming pool, and clubhouse (shared by both 700 & 736 Island Way) are all owned by 736 Island Way Association. There is an agreement between the two associations that 700 provides labor and chemicals to maintain the swimming pool. The labor for maintenance of the clubhouse is provided by 736, and costs for these items are shared by the 2 associations. Discussion ensued with the Board expressing concerns including the following: the Condo Association rules and regulations, and obstruction of the view due to the requested boat lift. Motion was made by Mr. Schwob, and seconded by Mr. Mazur to approve the above request subject to the following conditions: 1) The applicant shall obtain requisite building permit within six months of this public hearing; 2) The marina shall be utilized exclusively for the residents of Unit 8 of the condominium; and 3) Renting, sale or usage of slips by non-residents and/or live-aboards shall be prohibited. Motion carried unanimously (5 to 0). 2. M&B 24.02, Sec. 17-29-16 (2794 Gulf-to-Bay Blvd.), Orlando West Colonial,Inc. (Dinkers), CU 90-48 Request - To permit package sales and on premise consumption of beer, wine and liquor Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Discussion ensued regarding whether the parking variance previously granted to this establishment was still valid. Mr. Polatty stated he felt the variance would run with the land and would check that requirement, however this request is for change of ownership. Pat Quinlan, former owner of Dinkers, stated he has sold the business to Robert DeSanto and the request today is not the variance but the transfer of ownership. Mr. Quinlan stated that he felt Mr. DeSanto is an appropriate owner of such a business as he is experienced in running clubs and restaurants. He added that the business will continue to be operated in the same manner and will be well maintained. In response to questions by the Board, Mr. DeSanto stated the business will continue to operate as a sports bar as in the past. 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 following conditions: 1) The requisite occupational license shall be obtained within six (6) months of the date of this public hearing; and 2) Approval of a parking variance be obtained, if necessary. Motion carried unanimously (5 to 0). 3. Island Club Condo (724 Bayway Blvd., Unit 2B), Lonny W. & Helen Kathleen Lamb, CU 90-49 Request - To permit marina boat lift Zoned - CR-28 (Resort Commercial) & AL/C (Aquatic Lands Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Lonny Lamb, 724 Bayway Blvd., 2B, applicant, stated the boat lift is being requested for recreational purposes only for their 25 ft. boat. The lift being requested is very similar to many others in the area and asked the Board approve this request. 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 following conditions: 1) The applicant shall obtain requisite building permit within six months of this public hearing; 2) The marina shall be utilized exclusively for the residents of the condominium; and 3) Renting, sale or usage of slips by non-residents and/or live-aboards shall be prohibited. Motion carried unanimously (5 to 0). 4. Island Yacht Club Condo, Boat Slips 87 & 88 (200 Windward Passage) Paul P. & Sibylle Clark and Al Cain (Tampa Boat Mart, Inc.), CU 90-50 Request - To permit two (2) marina boat lifts Zoned - CG (General Commercial) & AL/C (Aquatic Lands Coastal) Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation and advised that 6 letters of objection to this request have been received. Ms. Nixon stated that in one of the letters of objection it is noted that 2 boat lifts have already been placed without permits. Larry Fisk, 13056 Faxton St., representative of the applicant, stated that permits were obtained after the lifts were installed as they were not aware permits were needed to go underneath the existing roof in that particular case. The lifts in this request will be approximately 4 ft. above the dock therefore will not obstruct the view. In response to questions by the Board, Mr. Fisk stated that the lift will be powered by an electric motor which makes no noise, there will be one boat per lift in this request, these lifts will not cause damage to the roof as the roof is 25 ft. high, and the pilings are freestanding and are not bolted to the marina. Mr. Shuford advised that the two aforementioned lifts that were placed without permits did not obtain conditional use approval from this Board and that they will have to do so. In support of the applicant, Joel Kehrer, 1407 Maple Forest Drive, stated he is the owner of 2 boat slips at Island Yacht Club each of which has a boat lift. Mr. Kehrer stated that this is a commercial marina with 116 slips and that the vast majority of the owners of the slips are in favor of boat lifts. In regard to the complaints of noise and smell, Mr. Kehrer felt that the lifts do not make noise and that boats stored on lifts do not smell. In opposition, Helen Offett, 200 Windward Passage, stated Mr. Kehrer's boat lifts were put in without the approval of the Planning & Zoning Board and that there is already a bow in the roof above one of his lifts. Mrs. Offett stated that the approval of the Island Yacht Club Board of Directors was obtained by majority vote, however many of the votes in favor were by proxy and not actually voted for approval by the owners. Mrs. Offett stated she feels the lifts loosen the sand around the pilings and does not want to have to pay for repairs for damage caused by these boat lifts and that if this is approved, more lifts will be requested. She felt these boat motors are very loud and that this noise would increase with more boat lifts. In rebuttal, Mr. Kehrer stated the Board should be reminded that this is a commercial marina and people who choose to reside there have to expect that boats go in and out and make noise. In rebuttal, Mr. Fisk, stated that he has been in the business for 22 years and that boat lifts do not cause loosening of sand around the pilings or cause roof damage. Discussion ensued with Board members expressing concerns including the following: the Island Yacht Club Board of Directors approval, and the fact that the location is a commercial marina. Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) The applicant shall obtain requisite building permit within six months of this public hearing; and 2) The marina shall be utilized exclusively by owners, guests & renters of Units #87 & #88. Motion carried unanimously (5 to 0). 5. M&B 14.05, Sec. 19-29-16, (2576 Harn Blvd.) Manuel Kastrenakes (Pinellas Rent-A-Car) CU 90-51 Request - To permit outdoor retail sales, displays and/or storage Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation; and noted that 3 letters of objection to the request have been received. Mr. Shuford added that the request is for car rental only and that the Board may wish to consider parking or storage of trucks be prohibited as a condition of approval. Daniel Massaro, 312 Main Street, Dunedin, representing the applicant, stated that this site is 175 ft. west of U.S. 19, is approximately 20,000 sq. ft., and currently has a 480 sq. ft. vacated Farm Store building. The owner proposes to relocate his car rental business to this site and to extend the existing structure by 405 sq. ft. under the existing canopy located on the north side of the building. Mr. Massaro stated they have reviewed the staff recommendations for conditions of approval and find the conditions acceptable. In response to questions by the Board, Mr. Massaro stated the site will be used for new rental cars, will not be used for the rental or storage of trucks, no work will be done on the cars on site, and in regard to green space the added that if required some of the existing black top will be removed and that the green space between the two driveways on Harn Boulevard will remain as is. The following persons spoke in opposition to the above request: Jan Regulski, 1045 Chinaberry Road, President of the Morningside Meadows Homeowners Association, stated that the association is opposed to the granting of this conditional use permit. Mrs. Regulski addressed concerns including the noise of cars being started and coming and going as most of the residents are elderly and would be disturbed by this noise; and the direction and glare of the lighting would adversely affect the residents as the bedroom windows face the subject property. Mrs. Regulski stated the association feels that the proposed car rental business is not a compatible use with the neighborhood. If approved, the landscaping should be required to have trees and shrubs that will provide screening. The owner is currently using the vacated Farm Store property for the illegal parking and storage of large Ryder trucks, and is also illegally parking vehicles for rent in the U.S. 19 right-of-way. She felt that the value of their property would decrease if this request is granted as the property is not taken care of, currently has overgrown grass, and that even if restrictions were placed as conditions of approval that the owner would not comply with these conditions. Mrs. Regulski stated she felt the request does not meet the Standards of Approval and asked that the Board deny the request. Blanche DeMers, 2566 Harn Blvd., Apt. #3, stated as First Vice President of the Association she represents 22 apartment owners who were unable to attend this public hearing. She stated they are in strong opposition to this request as there are already many business in the vicinity of the corner of U.S. 19 and Harn Blvd. including a gas station, tire sales, AAA Towing and storage of rental trucks. Ms. DeMers stated that their bedroom windows face this property and the proposed use would be a great hazard and would depreciate the value of their property, as they are proud of their property and keep it well maintained. They do not want this type of business in their back yard, especially outside their bedroom windows and requested that the Board deny this request. In rebuttal, Daniel Massaro, stated the owner has no intention of operating the car rental business 24 hours a day as most Farm Store type businesses usually are. He stated that they are sensitive to the lighting issue and have no problem with the staff recommendation in regard to lighting or to restrict the lighting further. Mr. Massaro said that there will be no trucks parked or stored on this site and that it will be used strictly for cars to be rented. Discussion ensued with Board members expressing concerns including the following: the adverse effects on the residents of the area, whether strong conditions of approval would be effective given the applicant's past history of enforcement problems, and other uses that could operate as permitted uses on this property. Motion was made by Mr. Mazur, and seconded by Mr. Schwob to deny the above request due to the adverse effect it would have on adjacent property owners. Motion to deny was carried 4 to 1 (Ms. Nixon voting "nay" as she felt the requested use would have less adverse effects than some permitted uses for this property). 6. Lots 6-8, Blk. C, Unit 5, Island Estates (271 Windward Passage) Neuhaus Massivhaus Baugesellschaft m.b.h., CU 90-52 Request - To permit marina facilities dry storage for 84 additional boats Zoned - CG (General Commercial) & AL/C (Aquatic Lands Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Discussion ensued with the Board regarding the variance requirements for this request. Michael Gaylor, 1978 Lynnwood Ct., Dunedin, representing the applicant, stated that this site has been historically used as a high and dry marina and has a pre-engineered metal building which will require some repairs. The Marine Science Center uses this facility and the parking will be accessed by an easement agreement with the Center. There is a driveway to the west of the building which accesses the Marine Science Center which will access the marina. Mr. Gaylor stated he has met with many of the City's staff including the Fire Department and the Harbormaster to ensure that this project is within City Code as much as possible. Mr. Gaylor conveyed that the request is to utilize the building as proposed for a total of 126 boats, the existing floating dock will be repaired or replaced, and that the only electrical power inside the building will be for emergency lighting only. In response to questions by the Board, Mr. Gaylor stated there are no problems with the conditions recommended by staff, the hours of operation will be dawn to dusk, only minor repairs to outboard engines will be done on site, working with staff to provide landscaping in addition to the code requirements would not be a problem, and that no new lighting would be added. In opposition, Richard Dimoff, 736 Island Way, stated he is opposed to this request due to the extra boat traffic this will cause. He is concerned with the need for a no wake zone and that there is currently a petition being circulated in Island Estates to control this problem. In response to a question by the Board, Mr. Dimoff stated he had not discussed this problem with the Harbormaster, Mr. Bill Held. Mr. Polatty stated that the City Commission is in the process of considering an ordinance to change the no wake zones and that Mr. Held handled it for the City Commission and suggested Mr. Dimoff speak with Mr. Held or Mr. Hunsicker, Assistant City Manager. No persons appeared in support of the above request. Motion was made Ms. Nixon, and seconded by Mr. Schwob, to approve the above request subject to the following conditions: 1) The applicant shall obtain requisite site plan review approval and submit for site plan certification within 6 months; 2) The site plan shall be revised showing enough of the City parking lot to determine that the new southerly parking on subject site will work, prior to submittal of the final site plan for review by the DRC; 3) The limits of the parking/vehicular easement on City property shall be provided on the site plan for DRC review; 4) The existing and proposed height of the structure shall be given on the final site plan in accordance with the CG height limitation for DRC review; 5) The 50% minimum open space requirement for the front yard shall be provided on the site plan prior to DRC review; 6) The rollout dumpster is subject to Sanitation approval prior to certification of the final site plan; 7) The developer must provide landscaping according to City code and supplementary landscaping designed to enhance the appearance of the structure in accordance with the review of the City's Environmental Management Division and the Director of Planning and Development Department, prior to submittal of the final site plan for DRC review; 8) Any lighting shall be directed away from residential areas; 9) Total boat storage shall not exceed 126 boats; 10) No engine testing or repairs between the hours of 9:00 p.m. and 6:00 a.m.; and 11) If variances are required, such variances must be approved by the Development Code Adjustment Board. Motion carried unanimously (5 to 0). 7. Lots 6 & 7, Blk. C, Replat of Clearwater Beach Park 1st Addn., (473 East Shore Dr.) Ronald & Jean Perrott, CU 90-53 Request - To permit a five to six slip marina Zoned - CB (Beach Commercial) & AL/C (Aquatic Lands Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and advised that one letter of support had been received. Richard Newman, 2724 Morningside Drive, applicant's representative stated there are no objections to staff recommendations. Discussion ensued regarding renting or usage of these slips, and live-aboards. 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 approved the above request subject to the following conditions: 1) The applicant shall obtain requisite building permit within six months of this public hearing; 2) The marina shall be utilized exclusively for the registered guests and residents of the motel/apartment; and 3) Renting, sale or usage of slips by live-aboards shall be prohibited. Motion carried unanimously (5 to 0). D. Public Hearing to consider requests for amendments to the Clearwater Comprehensive Plan. Amendments proposed to different elements: 1. Land Use Plan Element - Amend Policy 1.5.2, Objective 2.3 and Policies 3.2.1, 3.3.1, 3.3.2, 3.3.3 and 3.3.4 2. Traffic Circulation Element - Amend Policies 5.5.1 and 5.5.2 3. Coastal Zone Management Element - Amend Policy 19.1.1 and Objective 19.3 In discussion the Board felt Policy 19.1.1 should read as follows "Development of densities shall not be assigned to sandy beach areas seaward of..."; and Objective 19.3 should read as follows "...beach shall be enhanced by adding two hundred (200) parking spaces on Sand Key by 1990 and adding parking spaces or increasing public accessibility (i.e. buses, bicycles) on Clearwater Beach and Sand Key concurrent with...". 4. Conservation Element - Amend Policies 22.2.2, 22.2.8, 22.2.9, and 22.8.7 In discussion the Board felt Policy 22.2.2. should read as follows: "...natural drainage ways or drainage systems shall be prohibited, except to achieve improved flood protection for flood prone areas." Ms. Nixon felt natural drainage should be retained and that this addition would have an adverse effect. Discussion ensued regarding City lawn watering restrictions. Mr. Shuford stated he would research whether the City has adopted an ordinance addressing this issue. 5. Intergovernmental Coordination - Add new Policy 27.1.6 6. Capital Improvements Element - Modifications to the Capital Improvements Needs Summary, delete existing Policy 28.1.9, renumber Policy 28.1.10, amend Policies 28.3.7, 28.3.7.2, to amend the schedule of capital improvements and revised Map 20 to add three (3) additional roadway links There was no further discussion regarding the above proposed amendments. Mr. Shuford advised there will be additional amendments: omitted "roadway links" to be added, and modification to the wording of Policy 27.1.6. Mr. Polatty noted there will be a second public hearing for the proposed amendments for this Board's final recommendations on July 31, 1990. Mr. Gans thanked Mr. Shuford for the "Planning and Zoning Board Issue/Response Schedule" stating that this is an excellent report. Meeting adjourned at 4:57 p.m.