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10/30/1990 MINUTES PLANNING & ZONING BOARD TUESDAY, OCTOBER 30, 1990 Members Present: Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Mazur, Schwob, Hamilton, and Gans 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 Mr. Schwob, and seconded by Mr. Hamilton, to approve the minutes of the meeting of October 2, 1990 as amended. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the minutes of October 16, 1990, as written. Both motions carried unanimously (7-0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Part of Lots 14 & 15, Sec. 12-29-15, Pinellas Groves/Northwest corner of Belcher and Range Roads/Weaver Enterprises, Inc. (Florida Realty Fund Two, Ltd.) CU 90-66 Request - Vehicle inspection station Zoned - IL (Limited Industrial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. In response to a question by the Board concerning a traffic light at Belcher Road, Mr. Shuford he stated he did not know if the Traffic Engineer was considering one. He further stated Mr. Crawford wanted the traffic impact study to come back because he was concerned with the number of diverted trips. He stated the applicant had earlier estimated 70% of the traffic would involve diverted trips, but they now estimate having 98 peak hour trips. Mr. Shuford stated even if all the trips were final destination trips, they would not have a level of service problem. David Jenkins, Florida Realty Fund Two, Ltd., 25 Second Street North, St. Petersburg, FL, representative of the applicant, stated they would be the owners of the property and that Gordon Darby, Inc. would be operating the vehicle inspection station. He further stated the president and area manager of Gordon Darby, Inc. and Richard Doyle of Tampa Bay Engineering were present to answer any questions the Board might have. Mr. Jenkins stated they had complied with all the requests from the City. In response to questions from the Board, he stated they estimate their traffic to be 500 cars a day; their hours of operation would be 8 a.m. to 6 p.m. on Tuesday and Wednesday, 9 a.m. to 7 p.m. on Thursday and Friday, and 9 to 3 p.m. on Saturday; and their basic charge would be $10.00. He further stated they have no objections to the required conditions. Richard Doyle, Tampa Bay Engineering, 2240 Belleair Road, stated they had done the traffic analysis and had researched the need for a traffic light at Belcher Road and Range Road and found it was not warranted. He further stated, even if they wanted to put one in, there were several other governmental agencies that would not allow it as they are trying to keep the level of semaphores down. He further assured the Board he had worked with Keith Crawford on this and Mr. Crawford was satisfied. Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) Approval of the Annexation, Land Use Plan Amendment to Industrial and IL Zoning by the City Commission; 2) Landscaping including 1 tree per each 40 linear feet shall be provided on both sides of the access drive in addition to the required perimeter and interior landscaping; and 3) The execution of an annexation agreement between the City and the developer that requires the development to conform to all applicable City development codes prior to the issuance of a building permit. Motion carried unanimously (7 to 0). 2. Lot 1 and Part of Lot 3, Clearwater Industrial, Park Replat/2140-2146 Sunnydale Blvd. Zarvalas Enterprises, Inc. CU 90-68 Request - The placement of a trailer for night watchman Zoned - IL (Limited Industrial) Mr. Shuford stated at the previous Board meeting there was an issue concerning the restrictive covenants for Clearwater Industrial Park. In looking over the covenants the staff found that the applicant could not legitimately proceed with what they were attempting to do, and the request was not valid. He further stated they would refund the application fee as the staff may have encouraged the applicant by accepting the request. Mr. Shuford stated the Board did not need to review this request and it should be voided. Ms. Nixon reminded the staff that Mr. Zarvalas did have a copy of the covenants and wondered why the staff felt they should refund his application fee. Mr. Polatty responded that the decision to refund the fee would be reviewed to see how much the staff had encouraged him as opposed to how much was done on Mr. Zarvalas own initiation. The applicant was not present, nor were any persons present in support or opposition to the request. Motion was made by Mr.Schwob, and seconded by Mr. Hamilton, to void the request with refund of the application fee subject to approval by staff. Motion carried unanimously (7 to 0). C. CONDITIONAL USES: 1. M&B 23.04, Sec. 18-29-16, 125 S. Belcher Rd., Scot M. Trefz CU 90-70 Request - Expansion of existing boarding facility (for pets) Zoned - CG (General Commercial) Mr. Ferrell stated a conflict of interest prevented him from participating in discussion or voting on the request. Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford explained the applicant was requesting a variance from the Development Code Adjustment Board involving a setback along the north property boundary and that DCAB had continued their request until November 29 so the applicant would have ample time to prepare a new site plan. He further stated that staff was proposing a continuance by this Board to their December 11 meeting to ensure they would also be able to review the new information. SCOTT M. TREFZ, 125 S. Belcher Rd., applicant, stated he is the owner of Gulf Bay Animal Hospital and was there to request the regranting of a Condtional Use permit which had previously been granted to Dr. Brutus in October 1988. Dr. Trefz also stated: 1) He took over the practice January 1, 1989, and since that time has had a study which reflects there is a demand for their service in this area; 2) Many of their clients now drive as far as Tarpon Road to board their pets; 3) They want to expand the existing boarding facility, that the architectural plans are complete and they now have the financial backing; 4) They will need a setback variance on the north boundary line to allow them to expand along the same architectural lines as the existing structure; 5) Their request is not different from the original request; 6) It was an extreme hardship for him to appear before the Board more than necessary and hoped to obtain approval today for the Conditional Use Permit and he would then pursue the variance request with DCAB. He further explained originally he had been told all he needed for a site plan was a handwritten plan showing the existing structure and what was proposed; however, DCAB had not accepted the plan. Dr. Trefz stated he had a new site plan with him as well as the architectural plan for the proposed expansion which he presented for the Board's review. In answer to questions from the Board, Dr. Trefz stated: 1) Precocious Pets was a separate pet grooming facility which rented space from him; 2) they are not now proposing expansion towards Belcher Rd.; and 3) the second story apartment expansion is cost prohibitive and not a priority with them. Mr. Shuford explained to the Board that Dr. Trefz had requested a setback of 3 ft. from the north property line, and since they are required to have a 10 ft. setback, they would need a variance. He also pointed out their additional dog run requires 3400 sq. ft. and that might necessitate a parking variance depending upon how the area was broken up. Dr. Trefz stated in response to the parking requirements, there was ample parking space available behind Precocious Pets for employee parking. Mr. Shuford advised the Board if they were comfortable with the information before them, they could vote to approve the request subject to the required conditions; and if the applicant needed a parking variance, they would have to appear another time. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1) A building permit shall be obtained within six (6) months of the date of this hearing; 2) All boarding of animals shall be indoors; 3) All necessary variances shall be approved by the Development Code Adjustment Board; 4) The owner shall comply with all ordinances and regulations of the City concerning tree removal and landscaping including buffering of the adjoining residentially-zoned property; and 5) The owner shall comply with all applicable ordinances and regulations concerning disposal of animal excrement. Motion carried 6 to 0 with 1 abstention. 2. M&B 34.031, Sec. 23-29-15, 1551 S. Highland Ave. Northlake/Belle Plaza Joint Venture (Rite Aid of Florida, Inc.) CU 90-71 Request - Package sales of beer and wine (NEW LICENSE) Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Bruce E. Knight, 12143 100th Ave. N., Seminole, FL, representative of applicant, stated he is the Area Supervisor for the Rite Aid Pharmacy in Pinellas County south from Gulf-to-Bay Blvd. In answer to questions by the Board Mr. Knight stated: 1) They have not done a study to anticipate the percentage of alcoholic sales they will have, but an average store runs $500-$1000/week in alcoholic beverage retail sales based on their stores doing from $8,000-10,000 in front end sales and $8,000-$10,000 in pharmacy sales; 2) The alcoholic beverage sales are not a large part of their business, but rather a convenience to the customer.; 3) The store area devoted to beer would be two 4 ft. beer coolers; one 4 ft. x 4 ft. square area for warm beer; and wine would be promotional only, usually around Christmas, and would consist of one or two small floor stands; 3) Their primary sales would be six-packs and twelve-packs with probably two to three loose cans of beer per day; and 4) Rite Aid is a corporation based out of Harrisburg, PA. 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 must obtain approval by the City Commission for a 198 ft. 8 in. variance to the 300 ft. separation distance required from a residential zone and a 200 ft. variance to the 200 ft. separation distance from another 2-APS package sales establishment; 2) A suitable buffer including a 6 ft. fence and appropriate landscaping be provided along the rear property line of the total 13.33 acre parcel; and 3) The applicant shall obtain an occupational license within six (6) months of this date. Motion carried unanimously (7 to 0). 3. M&B 33.07, Sec. 8-29-16, located 200 ft. from the northeast corner of U.S. 19 and Drew St., V. Jack Kennedy/Life Financial Corporation CU 90-72 Request - Vehicle service Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Farhod Nikjeh, 3545 Landmark Trail, Palm Harbor,FL, applicant, stated he concurs with the staff recommendations and all the proposed conditions. In answer to a question from the Board, Mr. Nikjeh stated repair work would not be done outdoors. No persons appeared in support of or in opposition to the above request. In discussion, Ms. Nixon stated, since the City does not have a lighting ordinance, she would like to suggest a condition stating that all lighting must be oriented away from surrounding areas. Mr. Gans suggested the wording in staff condition No. 2 be changed from "must be utilized" to read "should be utilized." Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above request subject to the following conditions: 1) Building permit shall be obtained within six (6) months; 2) Facility should be utilized as a flow through facility, as proposed by the applicant, rather than a drop off/pick up service center; 3) A revised vehicular plan shall be subject to approval by the Traffic Engineer prior to the issuance of a building permit; 4) The applicant shall obtain all needed variances from The Development Code Adjustment Board; 5) All lighting must be oriented towards the property and away from surrounding area; and 6) No outdoor repair work shall be done on the property. Motion carried unanimously (7 to 0). 4. Lots 1-4, Clearwater Collection First Replat, Clearwater Collection Shopping Center, 21870 U.S. 19 North, Lechmere Realty Ltd. Partnership, Clearwater Collection Association, and Hudson Dayton Corp. (Home Depot) CU 90-73 Request - Outdoor sales (garden center) Zoned - CPD (Commercial Planned Development) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. In answer to questions from the Board, Mr. Shuford stated: 1) The Target garden center might be an interior center, but if it is not, they will have to come before the Board for approval; 2) The Board may want to add an additional condition stating the adjoining sidewalk would not be used for commercial purposes; and 3) The parking variance was triggered by the additional footage required for the Home Depot garden center. Michael Folio, 4217 Salt Water Blvd., Tampa, FL, representative of applicant, stated he is the Florida real estate representative for Home Depot, and that they propose renovating and enlarging the existing Lechmere Building in conjunction with a garden center addition. They would like permission for the garden center which is part of all Home Depot operations. He further stated they have approximately 140 stores throughout the East Coast, including 35 in the state of Florida. In answer to questions from the Board, Mr. Folio stated: 1) They will be taking over the spaces occupied by the Linen Barn and a beauty parlor which are relocating; 2) They will leave the adjoining sidewalk unobstructed; and 3) The garden center will be outdoors in the center of their site, will have a fence with gates, but the ceiling will be left open. No persons appeared in support of or in opposition to the above request. Octavio Cabrera, Cumbey & Fair Engineers, 2463 Enterprise Road, spoke to a question from the Board as to why a parking variance was needed when this was a new shopping center and all parking requirements should have been met. He stated the original proposal was to put an enclosed vault over a portion of the open drainage pond and to put parking over it. Mr. Cabrera further stated this was not agreeable with the environmental department and a compromise had been reached in which Home Depot would leave the drainage pond open if they could receive a reduction in the required number of parking spaces. Mr. Shuford stated the parking variance is for 10 spaces as the parking requirement for the entire center is 1195 spaces and presently there are 1185 spaces. Mr. Mazur suggested rewording the parking variance condition to reflect that it is not the applicant making the request, but it is needed for the entire unified development. Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above request subject to the following conditions: 1) No temporary buildings, portable buildings, tents, stands, trailers, vending carts or like buildings or structures shall be utilized ancillary to the conditional use in accordance with Section 136.025(22)a; 2) The requisite site plan shall be certified within six (6) months; 3) Approval of the related parking variance shall be obtained; 4) The applicant shall obtain site plan modification approval from the City Commission; and 5) There shall be no encroachment upon adjoining sidewalk between the garden center and building 300. Motion carried unanimously (7 to 0). 5. M&B 23.08, Sec. 17-29-16, 2630 Gulf to Bay Blvd. H & L Clearwater Partners, Ltd., (Chilli Peppers, Inc.) CU 90-74 Request - On premise consumption of beer, wine and liquor (NEW LICENSE) Zoned - CH (Highway Commercial) Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to approve withdrawal of the above request. Motion carried unanimously (7 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Lots 1-10, Blk "C", Belmont Second Addition, located on the corner of Woodlawn St. and Prospect Ave., approximately two blks west of Greenwood Ave. and two blks north of Belleair Rd. (Woodlawn Church of God) Z90-08, LUP 909-19 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. Rev. Randy Morris, 1089 Nolan Drive, Largo, FL, telephone No. 581-1995, stated they were successful in negotiating a contract to purchase Lots 5, 6 and 7 and would be closing on November 9; and he was there to answer any further questions the Board might have. 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. Motion carried unanimously (7 to 0). E. Chairman's Items Mr. Johnson requested business cards for members of the Board to use when inspecting sites. Mr. Polatty agreed this was an excellent idea and further recommended the use of picture name tags. Mr. Shuford stated he would have these ordered for the members of the new Board. F. Director's Items G. Board & Staff Comments Mr. Shuford went over additions to the response sheet with the Board, and further advised that Lokey next to The Bank had previously been given a temporary sales permit by the Building Department which has now either expired or will soon expire, and when they come in again they will have to comply with the Board's Conditional Use requirement. Mr. Shuford stated the staff would bring the 1991 Planning and Zoning Board meeting schedule to the next meeting for their review. He stated the City Commission had given staff direction to take the sign variance review process away from the Development Code Adjustment Board as the Commission intends to hear them, and this would also come before the Board at their next meeting. Mr. Schwob voiced his concern about a proposal to charge increased Conditional Use fees when the use begins operation illegally, and said he would hate to penalize small operations who, in good faith, did not honestly know they had to have a Conditional Use permit. He wondered if the wording could be changed some way to reflect that. Mr. Schwob also suggested it would be good procedure for the Board to dispense with the use of first names during their formal meetings and to address everyone by using their title and surname. Ms. Nixon advised that Equator was supposed to wait two weeks after the last meeting before opening, and that they had a grand opening the very next day. Mr. Shuford stated he would write a letter to Equator asking why they opened before the two-week time period had expired. With regard to Britts giving away free beer, Mr. Shuford reported the City Attorney's interpretation of free beer meant that Britts could not attach the sale of a food item with the free beer, or it would be the same as charging for beer. He stated they would continue to check on them. Mr. Gans stated: 1) The Italian place on Poinsettia has a big sign advertising free wine and free beer; and 2) there is a pawn shop on Poinsettia displaying an illegal portable sign on the corner of Papaya and Eastshore Drive. Mr. Shuford reported there was no need for the Windward Passage request to come before them again, as they must now be more in compliance with the City Code than the Board had requested. Mr. Schwob mentioned at Penrods' old location in Countryside there is a sign saying Knickerbockers will be opening soon; and that a Japanese restaurant will be opening where Naughty's was located. In discussing what documents the Board would like to see included in future applications, they advised the staff to include the following: application, affidavits, maps, staff reports and any letters giving information on the request. Mr. Hamilton complimented the staff on getting the applications to them early. Mr. Johnson asked whether the staff members checking on complaints have the power to issue tickets. Mr. Polatty stated the six code enforcement inspectors plus the police officers are duly authorized to issue tickets. He further explained the way the process works is once they see a violation, they have to give the person a reasonable period of time, not to exceed 30 days, to abate the violation, before a ticket can be filed. Once the ticket is filed the person in violation can appeal to County Court; and if they don't appeal, they are judged guilty and must pay the fine. He further stated there are five classes of violations, and the penalties range from $30, $60 and $120, plus court costs. A minimum violation is $30; the Land Development Code violations are $60 and would include parking in the right-of-way and illegal use of streamers; and $120 for life threatening violations, including traffic hazards such as a portable sign parked in the right-of-way. Mr. Polatty stated a ticket can be issued every day the person is in violation up to the time of the court appearance. He advised the Board the staff had circulated a memo quite some time ago, which would go to public hearing in two weeks and should be adopted by December 1, 1990. Mr. Shuford stated the Land Development Code Amendments will have four phases now instead of three. Ms. Nixon stated she was pleased with the improvement of the rapport between the staff and the Board, and since things have come up to the level of their expectations, that it may not be as necessary for Mr. Polatty to attend the Board meetings on a regular basis. Mr. Polatty stated he wanted to continue attending as he is the liaison with the City Commission and charged with giving input to the Commission on Board actions. The meeting adjourned at 4:00 p.m. James M. Polatty, Jr., Director of Planning and Development