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03/05/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, MARCH 5, 1991 Members Present: Chairman Schwob, Ms. Nixon, Messrs. Johnson, Ferrell, Hamilton and Mazur Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Doreen Feldhaus, Recording Secretary Pat Fernandez, Staff Assistant II Chairperson Schwob 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. Johnson, and seconded by Mr. Hamilton, to approve the minutes of January 8, 1991. Motion carried unanimously (5-0). (Mr. Mazur arrived at 1:33 p.m.) B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Lot 12 less street, A.H. Duncan's Resub. (1448B S. Missouri Avenue), Cecelia S. Schwartz, D.S. Pallet Service, CU 90-07 Request - Extension of 6 months Mr. Shuford stated staff received a request for a six (6) month extension. He noted there is a failure to observe some of the conditions of approval, such as excessive pallet height and no landscaping. Also any insect control measures taken are not known. The staff advised that unless there is some compelling reason why he cannot move onto a new location, it is recommended approval not be granted for the extension. Mr. Dominick DeVivo, 1363 Palmetto Ave. applicant, presented letter from real estate agents looking for property for him. He stated he had contacted the realtors late because he has been looking for another location on his own until he was injured, and was then out of work for four months. Mr. DeVivo states he has had difficulty finding a new location due to the properties having large buildings with high rent. Discussion ensued concerning conditions of previous conditional use permits not being complied with: the restricted height of pallet stacks, and landscaping. Discussion ensued with the Board members expressing concerns including the following: the property is owned by Cecelia Schwartz, the length of extension if any to be granted, and appropriate Code Enforcement action to be taken if conditions are not complied with. No person appeared in support of the above request. Mr. John W. Jenkins, 1146 Almond St., stated that since 1978 he has received complaints regarding that property. The owners who live there complained about a barking dog on the property near their residences. Also lawn mowing is not done regularly. In rebuttal, Mr. DeVivo stated he tried by moving the dog but needs a place to put his pallets. Mr. DeVivo submitted a letter requesting this extension thereby allowing his permit to continue until the Board reached a decision. It is further suggested that the staff send a letter to the property owner advising she may be fined due to the conditional use permit being issued through her. Mr. DeVivo is expected to comply with all conditions of the permit. Motion was made by Mr. Hamilton, and seconded by Mr. Johnson, for an extension of the conditional use to expire permanently on April 30, 1991 at midnight with all original conditions remaining in effect. Motion carried unanimously (6 to 0). 2. M&B's 22.03, 22.031 & 22.04, Sec. 15-29-15 (801 Drew St.) Southland Corporation CU 91-11 Request - To permit child day care Zoned - UC/E (Eastern Corridor Subdistrict, Urban Center District) Mr. Shuford gave the background on this continued case. He commented that the required traffic impact study was submitted, has been reviewed, and the proposed development will not affect the level of service on the involved streets. Pierre Cournoyer, 212 Coe Road, Belleair, applicant's representative, stated he agreed with all the recommendations. He was unaware of the trees being cut down, but has no problem doing whatever the board recommends. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request subject to the six conditions: 1) The requisite site plan or building permit, whichever Planning and Development determines to be applicable, shall be obtained within 6 months; 2) The requisite approvals from Pinellas County's Juvenile Welfare Board shall be obtained prior to the issuance of a building permit for the children's day care center; 3) Landscaping shall be provided on the outside of the proposed wall adjacent to street rights-of-way. The landscaping plan shall be subject to approval from Environmental Management and Planning and Development; 4) The requisite concurrency review form and fee shall be submitted at time of site plan or construction plan application, whichever Planning and Development determines to be applicable; 5) The requisite Unity of Title shall be recorded prior to the certification of the requisite site plan or the issuance of a building permit, whichever Planning and Development determines to be applicable; and 6) The requisite replacement, on a one caliper inch per one caliper inch basis (as measured at breast height), of the 53 native shade trees which were previously removed from the site shall be effected prior to the issuance of any Certificate of Occupancy subject to final approval of species and location by the Environmental Management Group; this replacement may include the option of appropriate contributions to the City's "Tree Bank". Motion carried unanimously (6 to 0). 3. Lots 18-23, Blk. 3, Bayview Terrace Sub.; Lot 1 Major's Manor Sub.; and M&B 23.02, Sec. 16-29-16 plus south 1/2 of vacated alley (3070 Gulf-to-Bay Blvd.) Merle F. and Dolores Amic (Kapok Travel Trailer Park) CU 91-14 Request - To permit outdoor retail sales, displays and/or storage (recreational vehicle sales) Zoned - CG (General Commercial) Mr. Shuford stated staff has looked at the request to sell vehicles off the individual lots or the front area. In the event they plan to sell from the front, condition #2 should apply and the other conditions as well. Pat Maguire, Barnett Building, Cleveland Street, applicant's attorney; stated they no problem with conditions as recommended by staff however, condition #2 should apply only if they elect to have a front sales area. In response to questions by the Board, Mr. Maguire stated the applicant would sell those items as covered under his licensing. Anything in the park has wheels and could possibly at some time be for sale. He feels it would be a benefit to sell those items in place. Regarding the staff recommendation of six months, he asked for 12 months to obtain permits, because Florida Department of Transportation (D.O.T.) was starting construction and the date of completion is unknown before planting would begin. If D.O.T. takes longer, the right to grant an extension would be considered. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mazur, to approve the above request subject to the following conditions: 1) All required permits shall be obtained within twelve (12) months from the date of this public hearing; 2) In the event that the front display area is developed, the applicant shall submit a site plan showing: (a) The display area established for the recreational vehicle sales shall be clearly delineated and all required parking shall be indicated; this parking can be paved with turf-block; (b) Preservation of the large oaks on Lot 202; (c) The relocation of the access drive across Lots 105 and 204; and (d) Provision of a 5 ft. wide perimeter landscape buffer along the Gulf-to-Bay Blvd. frontage, with such landscaping to contain one (1) tree per each forty (40) linear feet of property frontage plus one (1) shrub per each three (3) linear feet of property frontage, and all landscape materials to be equivalent to the materials required for perimeter landscaping in Sec. 136.023 of the Land Development Code. This site plan shall meet all requirements of the Director of Planning and Development prior to any permit issuance; 3) No vehicle service (recreational or otherwise) be undertaken on the subject property; 4) No more than four (4) recreational vehicles shall be offered for sale at any one time, and in the event that the front display area is developed no more than two (2) of these recreational vehicles shall be offered for sale from the front display area at any one time; 5) No more than two (2) recreational vehicles above the number of recreational vehicle lots shall be located on the subject property at any one time; and 6) No vehicles other than recreational vehicles shall be sold from the subject property. Motion carried unanimously (6 to 0) C. CONDITIONAL USES: 1. Lot 5, Countryside Village Square Sub. (2543 Countryside Blvd.) Countryside Village, Ltd., (Knickerbocker on the Water, Inc.), CU 91-20 Request - To permit on premise consumption of beer, wine and liquor Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. A piano lounge is the type of entertainment to be provided. Nicholas Riggione, 510 W. Burrough Lane, Safety Harbor, applicant; stated he took over the former Penrod's and Pelican Pete's. They are undertaking an extensive renovation to make it a full service restaurant. They have 85 menu items of broad appeal. The deck has been enlarged and they may have music on it. They are aware the level of any music must be within limits acceptable by everyone concerned. Roger Allen Gondek, 510 W. Burrough Lane, Safety Harbor, applicant's manager; stated he has been with the company for seven years and will be the General Manager. No person appeared in opposition to the above request. Discussion ensued with the Board members expressing concerns including noise in the evening becoming a nuisance to neighbors. Board members do not object to music on the deck but outdoor speakers after a certain hour become a nuisance. In response to questions by the Board, Mr. Riggione stated entertainment at their other locations consist of Baby Grand pianos with one or two musicians added in the evenings, and the uniforms for servers at this location has not been decided year, however white tuxedo shirt and black pants are being considered. Motion was made by Mr. Hamilton, and seconded by Mr. Johnson, 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) No outdoor speakers shall be used after 11:00 p.m. 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 17-27, Blk 2, Lake Belleview Addn, Located on the south side of Lakeview Road between the Seaboard Coastline Railroad and the S. Myrtle Ave. intersection (Gerald S. Rehm & Assoc., Inc.) Z 90-09, LUP 90-21 Request - Amendment to the Land Use Plan and Zoning Atlas LAND USE PLAN: From: Commercial/Tourist Facilities To: Industrial ZONING ATLAS: From: CN (Neighborhood Commercial) To: IL (Limited Industrial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The Board questioned the impact of the rezoning of this property for the adjacent office zoned property. There would be no buffer between any industrial road on one side of Lakeview Rd. with regard to non-residential property on the other side. The extension of Myrtle is viewed as being the dividing line between industrial development and light office. Jerry Rehm, 727-B Lakeview, applicant, stated he resides above location and has a strong investment in the area. He has tenants moving in April 1, 1991 who are going to be importing jewelry from around the world. Mr. Rehm has a vault in the center of the building which will store the jewelry. It will be retailed throughout the country and eventually exclusive gold jewelry will be manufactured on site. Lessees will bring the operation from Spain for a period of one year for them to determine the feasibility of manufacturing operation in Clearwater. Presently they will be importing only. If zoning is approved, he would propose the wording to assure that the front of the building, as it faces Lakeview, would never change. To aid the city in the Myrtle extension, Mr. Rehm stated he purchased the two vacant lots to the east of the extension of Myrtle and has advised Mr. Baker he could place them at the disposal of the city. After the city finishes its road project, whatever is left over would swapped out and would provide additional parking. In opposition, Lois Cormier, 625 McClennan St., stated although she recognizes the city is desperate for industrial zoning. She does not feel the requested zoning is appropriate for this neighborhood. In rebuttal, Mr. Rehm stated no one lives adjacent to this property and industrial zoning is already there. He feels the City needs an intermediate industrial code. If gold jewelry were made on site, there would be no fumes as the air is recycled in the building. Discussion ensued with Board members expressing concerns whether industrial use is appropriate for this area. Mr. Shuford suggested that if the motion is approved, they could adopt a resolution right afterwards qualifying their views if administrative zoning occurs. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur recommending approval of the applicant's request. Motion carried 5 to 1, with Ms. Nixon voting "nay" believing an exception could be found rather than rezoning. LAND DEVELOPMENT CODE TEXT AMENDMENTS: Mr. Shuford reviewed each proposed amendment. 2. Amending Section 137.074, Code of Ordinances relating to the threshold guidelines for vested development rights determinations for certain developments, providing an effective date. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request. Motion carried unanimously (6 to 0). 3. Amending Section 135.155, Code of Ordinances, relating to the Public/Semi-Public District, to establish public recreation grounds or parks as a permitted use, amending Section 135.156, Code of Ordinances, to establish commercial and office uses associated with marina facilities and alcoholic beverage sales (for consumption on the premises) in conjunction with marina facilities as conditional uses within the Public/Semi-Public District, providing an effective date. Motion was made by Mr. Hamilton, and seconded by Mr. Johnson, to approve the above request. Motion carried unanimously (6 to 0). 4. Amending Section 136.016, Code of Ordinances, relating to fences and walls, to add standards and regulations for hedges; providing standards for materials; providing for easement and right-of-way restrictions, providing height and setback regulations for fences, walls and hedges, providing an effective date. Discussion ensued with the Board members expressing concerns including the following: fence heights, site distances on corner property when driving by a fence, wall or hedge; waterfront property owners without this restriction could intrude on adjoining property owners ability to view the water; the good side of your fence is to face the neighbor and why should good side of fence should go to neighbor (rule states each side must be as good). Motion was made by Mr. Hamilton, and seconded by Mr. Mazur to approve the above request. Motion carried unanimously (6 to 0). 5. Amending Sections 135.085 and 135.091, Code of Ordinances, to establish accessory dwellings as a permitted use in the Limited Office and General Office districts; amending Sections 135.097, 135.104, 135.110, 135.116, 135.122, 135.141, and 135.149, Code of Ordinances to substitute "accessory dwellings" for "attached dwellings" as permitted uses in the Neighborhood Commercial, Beach Commercial, Resort Commercial "Twenty-four" Resort Commercial "Twenty-eight", General Commercial and Limited Industrial Districts, and the Bayfront, Core and Eastern Corridor Subdistricts, amending Section 137.005, Code of Ordinances to define "accessory dwelling", providing an effective date. Motion was made by Mr. Hamilton, and seconded by Mr. Ferrell to approve the above request. Motion carried unanimously (6 - 0). 6. Amending Sections 135.161, Code of Ordinances to allow noncommercial Semi-Public and Private recreation grounds or parks as a permitted use in the Open Space/Recreation (OS/R) Zoning district, providing an effective date. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur to approve the above with the following recommended change: Ordinance No. F, (1) Public, noncommercial semi-public, or noncommercial... Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS: Chairperson Schwob stated the next meeting will be Mr. Johnson's last meeting and a dutch treat luncheon for him will be held at the Clearwater Beach Hotel on March 19, 1991 at 11:30 a.m. G. BOARD AND STAFF COMMENTS: Mr. Johnson inquired why trailers for rent could be stored on the Plumb School property on Hercules Avenue. There are 4 or 5 very large trailers parked at Hercules. Staff will check into it. Mr. Mazur invited everyone to a parade and memorial on March 30 at Coachman Park to recognize five Clearwater residents still missing in action from Vietnam and recognize live sightings of people missing in action, some in Cambodia and Laos. He is organizing this and wants public participation. Ms. Nixon questioned no landscaping around the Wearhouse store at Gulf-to-Bay Blvd. and Highland Avenue. Mr. Shuford advised that it is not required unless the improvement is more than thirty percent of the appraised value of the property. Pat Fernandez, Staff Assistant II for the Planning and Development Department, was introduced and welcomed. The meeting adjourned at 4:40 p.m.