09/04/1990 MINUTES
PLANNING & ZONING BOARD
TUESDAY, SEPTEMBER 4, 1990
Members Present: Chairman Johnson, Ms. Nixon, Messers. Mazur, Schwob, Hamilton and Gans
Members Excused: Mr. Ferrell
Also Present: James M. Polatty, Director of Planning and Development
Scott Shuford, Planning Manager
Chairperson 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. APPROVAL OF MINUTES
Motion was made by Ms. Nixon, and seconded by Mr. Mazur, to approve the minutes of August 14, 1990. Motion carried unanimously (6 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None
C. CONDITIONAL USES:
1. M&B 23-01, Sec. 8-29-15, 400 Mandalay Avenue, John S. Taylor, III and Jean T. Carter (Equitel/JP Hotels/Holiday Inn Surfside) CU 90-57
Request - To permit rental of motorized watercraft (four "waverunner" type watercraft)
Zoned - CR-28 (Resort Commercial), OS/R (Open Space-Recreation) and AL/C (Aquatic Lands-Coastal)
Mr. Shuford stated that new information had been brought to light for staff review asked that the Board continue this request.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to continue the above request to the September 18, 1990 meeting. Motion carried unanimously (6 to 0).
2. M&B 22-012, Sec. 7-29-16, 1625 N. Belcher Road, Salvation Army, CU 90-58
Request - To permit child day care
Zoned - P/SP (Public/Semi-Public)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Captain Tom Overton, Commanding Officer of the Clearwater Salvation Army, applicant, stated the request is to allow them to provide reliable day care for 22 children for both paid and
reduced fees. In response to a question by the Board, Capt. Overton stated that they have no problem with the conditions recommended by staff.
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 above request subject to the following conditions: 1) The outdoor play area shall not be utilized on any day
before 9:00 a.m.; and 2) The requisite occupational license being obtained within six (6) months of the date of this hearing. Motion carried unanimously (6 to 0).
3. M&B 14-03, Sec. 17-29-16, 2898 Gulf-to-Bay Blvd., D. P. and Maude L. Thompson,
(Thompson Delaney Partnership), CU 90-59
Request - To permit outdoor retail sales, displays and/or storage of motor homes
Zoned - CG (General Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Ronald Campbell, of Cruise America, 5959 Blue Lagoon Drive, Miami, FL, stated the company has been in business for 20 years and that most of their business is rental and sale of recreational
vehicles. They have been in business in Tampa for over 4 years and have outgrown that facility and would like to do business in Clearwater. In response to questions by the Board, Mr.
Campbell stated there will not be any outdoor speakers used, their business consists of 75% rental and 25% sales, and that the facility will not be used as a storage lot.
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 site plan shall be modified to show a 10 ft. wide landscape
buffer along Gulf-to-Bay Blvd. with this buffer consisting of a row of shrubs placed 36" apart (on center) having an initial minimum height of 18" and a minimum expected height at maturity
of 36", along with one shade tree per each forty (40) linear feet of property frontage. (Driveways and sight distance areas shall not be subject to those requirements; however, the
width of these areas shall be counted in the tree requirement calculations.) Species selected for this landscaping shall be approved by both the Director of Planning and Development
and the Environmental Management Division Manager and 2) The requisite site plan shall be certified within 6 months. Motion carried unanimously (6 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. Lots 1-4 and 8-10, Blk. "C", Belmont Second Addition, located on the corner of Woodlawn Street and Prospect Avenue approximately two blocks west of Greenwood Ave. and two blocks
north of Belleair (Woodlawn Church of God), Z 90-04, LUP 90-13
Request - To consider request for amendments to Land Use Plan and Zoning Atlas
LAND USE PLAN:
FROM: Low Density Residential
TO: Public/Semi-Public
ZONING ATLAS:
FROM: RM-8 (Multi-Family Residential)
TO: P/SP (Public/Semi-Public)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and stated that two letters of support had been received.
Randall Morris, 1089 Nolan Drive, Largo, Pastor of Woodlawn Church of God, stated that this is a small church on a small piece of land and this creates difficulty with parking for their
congregation attendance of 150 to 175 people. Rev. Morris stated that the church is interested in purchasing the property in between Lots 1-4 and 8-10 but have not come to an agreement
as yet. Rev. Morris added that the church is very involved in the community and felt they have brought on a very positive change to the neighborhood.
In response to questions by the Board, Rev. Morris stated Lots 8-10 are needed because they plan an approximate 1,000 sq. ft. addition to the structure and will need as much parking
space as possible, and do not plan to pave the parking area. Mr. Shuford advised that the paving requirement can be waived for church uses.
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 for Lots 1 through 4 as this request appears to be supported by the Standards for Approval of the
Land Development Code Sections 137.015(e), 137.016(e), and to deny the request for Lots 8 through 10 as that portion of the request does not appear to be supported by those Standards
for Approval in particular with regard to the compatibility with the surrounding residential uses. Motion carried unanimously (6 to 0).
2. Lots 10-12, William Brown Sub. and Part of Lots 4-8, Bay Heights Sub., located south of S.R. 60 (Gulf-to-Bay Blvd.) and west of Thornton Road, (Stowell/Post Florida), Z 90-06,
PSP 90-12
Request - Review of Master RPD Site Plan and Transfer of Development Rights
ZONING ATLAS:
FROM: RM-16 and RM-28 (Multi-Family Residential)
TO: RPD (Residential Planned Development)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Steve Siebert, 911 Chestnut St., applicant's representative, stated he is representing Post Florida, which is a developer of multi-family developments. Mr. Siebert reviewed the site
plan with the Board members pointing out tress that will be saved. Mr. Siebert stated that each tree has been reviewed carefully and the new site plan proposes to save 37 out of the
39 specimen trees on site, there will be a park which they have agreed to maintain, and that parking will be provided in excess of City requirements. Mr. Siebert presented 2 letters
of approval from neighbors and asked that the Board approve this request and concur with the Development Review Committee (D.R.C.) recommendations.
Terry Crews, 4830 W. Kennedy Blvd., Tampa, FL, stated in regard to the park, there is a 6 ft. chain link fence planned on both sides of the park with only 4-5 parking spaces. In response
to questions by the Board, Mr. Crews stated there is no allowance for visitor parking, the project is scheduled to begin in December or January and be completed by February 1992, and
that the units will be rentals. Mr. Crews presented slides of other multi-family developments completed by his company.
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 as set forth by D.R.C.:
1. The developer shall be responsible for maintaining the park and public area. A note stating this condition shall be on the site plan prior to certification.
2. The floor slab and grading plan shall be submitted to Public Works for approval prior to certification.
3. All areas of riparian rights shall be shown on the site plan and any portions of these areas not in the City shall have an application for annexation and submitted prior to certification.
4. The developer is responsible for providing appropriate signage for the public parking area.
5. The public parking area shall be redesigned as required by the Traffic Engineer.
6. In the public parking area any trees to be removed, as determined by the Urban Forester, shall be removed by the developer.
7. The timing of the open space recreation and facility fees shall be subject to approval by the City Attorney.
8. The 8" DBH or under trees shall be relocated on the site as per the Urban Forester.
9. The sign will be permitted in the newly dedicated 10-foot right-of-way as per the approval of the Director of Public Works.
10. The site plan must show the location of flood zones prior to permitting as per the flood insurance maps. 11. Subject to Public Works' three conditions as follows:
(a) Copies of applications for permits from SWFWMD and DER, if applicable, or subject to the City Engineer's approval
(b) A copy of the drainage calculations for storm water detention, (c) Show on the site plan all existing OR #'s for rights-of-way, easements, or vacated rights-of-way.
12. Any grading will require a clearing and grubbing permits.
13. The drive aisle widths and parking area near Garage 12 are subject to approval by Traffic Engineering prior to certification. If the affected trees die, the drive aisle shall be
paved to 24 feet in width.
14. All proposed building setbacks, including setbacks between structures, shall be given on the site plan prior to certification.
15. The minimum three (3) foot setback for vehicular areas shall be designated on the site plan prior to certification, or as otherwise specifically waived by Traffic Engineering.
16. A note shall be provided regarding minimum width and length of parking spaces, including handicapped spaces, prior to certification.
17. A copy of the approved Pinellas County Public Health Unit Permit is required prior to the issuance of a building permit.
18. Ingress/Egress and a 10-foot Utilities Easement over water mains, up to and including meters, backflow preventers and hydrants, are required prior to the issuance of the first Certificate
of Occupancy.
19. Prior to certification, the Dumpster Requirement Form must be completed and returned to the City Sanitation Department.
20. Prior to issuance of a Certificate of Occupancy, the trash compactor must be visually screened. Provide gates with a minimum 12-foot clear opening to the front for access by Sanitation
trucks.
21. Maximum use of block for tree dripline due north of Garage 5 and northeast of Garage 4 north of Building 2, west of the 64-inch oak, and Building 5 and Garage 12, pavers in parking
and vent in drives shall be provided.
22. Building 1, Building 2, Building 5 or other structures where the roots are to be affected: Stem wall construction shall be used for these structures during building plan review.
23. The pipes to be tunneled shall be of the highest quality pipes in an effort to preserve the trees in the future.
24. The plan for any necessary tunneling shall be subject to approval by the Public Works Department, Engineering and Environmental Divisions, at the construction stage.
25. The minimum required landscaped exterior buffers shall be designated on the site plan prior to certification.
26. The roadway tie in at Thornton and State Road 60 is subject to approval by the City and DOT prior to the issuance of a building permit.
27. The developer must identify the number of specimen trees and how many are being saved prior to the City Commission meeting.
28. The plan shall clearly delineate the 25-foot-wide vegetative buffer to be provided from the jurisdictional line to structures or impervious surfaces, as per the City's Comprehensive
Land Use Plan, prior to certification.
29. A key for the delineated requisite vehicular interior landscaped areas shall be provided on the site plan, and the figure and percentage of the proposed vehicular interior landscaped
areas, prior to certification.
30. Signs and fencing/walls are subject to separate review and permitting processes.
31. The requisite initial building permit shall be procured within one year from date of certification and all requisite certificates of occupancy shall be obtained within three years
from the date of certification.
32. The beach area, including buffer and D.E.R. line, shall be designated as a preservation easement area, subject to the approval of Environmental Division. Language for protection/development
within this area, as required by Environmental Management, shall be provided on the site plan prior to certification.
33. The related final plat to include the preservation area easement shall be submitted prior to the issuance of the first Certificate of Occupancy for the project.
Motion carried unanimously (6 to 0).
3. Land Development Code Amendments Required by the Comprehensive Plan.
Mr. Shuford reviewed each amendment and the following action/discussion took place:
A. Transfer of Development Rights.
Mr. Shuford advised there is no proposal in this amendment, as currently written, to eliminate the requirement that variances not be permitted in transfers of development rights.
Discussion ensued with the Board discussing the following: what constitutes visual relief from urban monotony and no variances in regard to transfers of development rights.
Motion was made by Mr. Gans, and seconded by Mr. Schwob, to approve the above proposed amendment with the following change: Sec. 136.011. (4) to read as follows "...creative use of
open space and development practices...". Motion resulted in tie vote (3 to 3), with Messers. Johnson, Mazur, and Hamilton voting "nay".
B. AL-I and AL-C Vegetative Buffers.
Motion was made by Mr. Mazur, and seconded by Mr. Schwob, to approve the above proposed amendment subject to the following addition: Utility construction shall be prohibited within
the vegetative buffer except with the approval of the Public Works Department. Motion carried unanimously (6 to 0).
C. Redevelopment of Barrier Islands.
Being no discussion on this proposed amendment, motion was made by Mr. Schwob, and seconded by Mr. Gans, to approve the above amendment. Motion carried unanimously (6 to 0).
D. Community Character in Conditional Uses.
Being no discussion on this proposed amendment, motion was made by Mr. Hamilton, and seconded by Mr. Schwob, to approve the proposed amendment. Motion carried unanimously (6 to 0).
E. Marina and Marina Facility Siting Standards.
Mr. Shuford relayed information received from the Harbormaster to improve this ordinance.
Motion was made by Mr. Schwob, and seconded by Ms. Nixon, to approve the above proposed amendment subject to the following changes: Section 136.025(17)d. shall read "No fuel storage
facility or sanitary pump-out station shall be located..."; Section 136.025(17)k. shall read "Landside sanitary facilities or sanitary pump-out stations shall be available..."; and Section
136.026(18)e. shall read "No fuel storage facility or sanitary pump-out station shall be located...". Motion carried unanimously (6 to 0).
F. Nuisance Uses.
Being no discussion on this proposed amendment, motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above proposed amendment. Motion carried unanimously (6 to
0).
G. Landscaping Standards/Native Vegetation.
Discussion ensued with the Board members expressing concerns including the following: interior landscape standards, setbacks, and the percentage of palm trees permitted to satisfy the
landscaping requirements.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the proposed amendment subject to the following change: Section 136.023(d) should read "...vehicle use areas
with a total paved area in excess of four thousand (4,000) square feet...". Motion carried 5 to 1, with Ms. Nixon voting "nay" as she felt the percentage of palm trees permitted to
meet landscape requirements should remain 25 percent rather than 50 percent.
H. Utility Stations and Substations.
Being no discussion on this proposed amendment, motion was made by Mr. Hamilton, and seconded by Mr. Schwob, to approve the above amendment. Motion carried unanimously (6 to 0).
I. Historic Preservation Ordinance.
Being no discussion on this proposed amendment, motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above amendment. Motion carried unanimously (6 to 0).
J. Post-Disaster Redevelopment Variances.
Discussion ensued with the Board reaching concensus that disasters should be regarded as hardship circumstances beyond the control of a property owner.
Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to deny the above proposed amendment. Motion carried unanimously (6 to 0).
K. Bayshore Blvd. as a Scenic Corridor.
Being no discussion on this proposed amendment, motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above amendment. Motion carried unanimously (6 to 0).
L. Development Densities Seaward of the CCCL.
Mr. Hamilton declared a conflict of interest and declined from discussion of this item. Mr. Shuford advised that staff has recommended this item be continued for the purpose making
adjustments to this item.
Harry Cline stated he is representing Mr. Hunter and Mr. Hamilton in regard to this amendment. Mr. Cline discussed at length the history of beachfront property ownership on Clearwater
Beach and legal issues related to the same.
Anne Garris, spoke about this item, expressing concerns which included the following: the possibility of high rise buildings on the beach, the aesthetics of the entire community, and
the transfer of development rights ordinances should not permit any variances. She also felt that the platted lot lines should be used rather than the C.C.C.L. Ms. Garris asked that
the Board do something so people cannot continue to build big buildings so that Clearwater Beach will not be anymore overloaded than it already is.
Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to continue the above amendment to September 18, 1990. Motion carried unanimously (5 to 0).
E. Chairman's Items
F. Director's Items
G. Board & Staff Comments
Mr. Mazur asked for an update on the Clearwater Beach Blue Ribbon Task Force. Mr. Gans stated that the task force is developing their own plan and will have recommendations for code
changes.
Ms. Nixon stated that Andy's Auto is open & operating, and noted that the parking lot at Cleveland Plaza is being used to park cars with for sale signs on them, as well as other parking
lots throughout the City. Mr. Shuford will report this to the Code Enforcement Division.
Mr. Polatty stated there is currently an ordinance underway to allow the Code Enforcement Inspectors to ticket violators which would require them to go to Pinellas County Court rather
than the Municipal Code Enforcement Board.
Meeting adjourned at 5:10 p.m.
James M. Polatty, Jr., AICP
Director of Planning & Development