12/03/1991
MINUTES
PLANNING & ZONING BOARD
TUESDAY, TUESDAY, DECEMBER 3, 1991
Members Present: Chairman Schwob, Messrs. Bickerstaffe, Carassas (arrived 3:29 pm), Hamilton (arrived 2:32 pm, left 5:08 pm), Mazur, Merriam, and Savage.
Members Excused:
Also Present: James Polatty, Jr., Director Planning & Development
Scott Shuford, Planning Manager
Pat Fernandez, Recording Secretary
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. Savage, and seconded by Mr. Merriam, to approve the minutes of the November 5, 1991 and November 19, 1991 meetings. Motion carried unanimously (5 to 0).
Minutes will continue in the old format while the City Clerk and Legal staff rule on the acceptability of the new format.
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. Lots 1 and 2, located on the northwest corner of Northeast Coachman Rd. and U.S. Hwy 19 N. (19.89 acres), Sub. Plat for Loehmann's Plaza, (Principal Mutual Life Insurance/Brandon
Nu-West/Kinko's of Ga/Z. E. and Frances Taheri, Trustees) Z 91-02
Request - To consider request for amending the Zoning Atlas and review of Master Site Plan.
Zoning:
From: CC (Commercial Center)
To: CPD (Commercial Planned Development)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The applicant has been very responsive including changing driveway locations, shifting
the loading dock location, and will create a vegetative landscape buffer along the west side of the property.
A number of letters of opposition have been received including Dennis Roper, Carl & Billie-jean Fryer, Robert Losi, Nancy Blanton, William McCarthy, Velma Seed, Theodore Nims, Robert
& Joyce Pizzini, Mr. & Mrs. Frank Grandich, Warren & Florence Schreiner, Sandra Werner, Daniel & Lyn Long,
Dudley Meeter, Kevin Forsyth, Steven Kutoroff and a telephone call from the McNally residence. They all deal with traffic and site design.
Mr. Mazur announced he had a conflict of interest and would not participate in the discussion or vote.
Timothy Johnson, Jr., applicant's representative, 911 Chestnut Street, stated that because this is a redevelopment his client does not have to pay for road improvements or impact fees
as they are putting up less building than is currently there. In deference to the concerns of the neighbors, they have offered funds to close Stag Run at the Florida Power right-of-way
and have also offered to pay $10,000.00 toward the cost of additional pavement needed for the left and right turn lane the city wants to put at the intersection of NE Coachman at US
19.
Wal-Mart does not intend to sell alcoholic beverages, but they are requesting a provision that on-premise consumption be added. They feel that if for any reason the project should fail,
they could offer a site to a grocery store and a zoning change would not be required.
Peter Yauch, City Traffic Engineer, explained a chart with the traffic count of anticipated trips daily, showed the percentage already passing the site, and explained their safety concerns
with some of the turn lanes. It becomes apparent that road widening is needed now and all efforts should be made to have this project appear on the current list of roads scheduled for
work. Monies accrued under 'Pennies for Pinellas' have been less than anticipated and the 1992-93 project for widening NE Coachman and Old Coachman may not get built.
In opposition, John MacBain, 1657 Coachmaker's Lane, who is President of the Coachman Ridge Homeowners Association, stated they are pleased with Wal-Mart's response to some of their
concerns. They are concerned about trucks being allowed to go from US 19 to Stag Run, to the rear of Wal-Mart, or leaving via that route. They want two lanes for the left turn north
extending back to the Wal-Mart single entrance and also the addition of a right-hand lane to make the turn down US 19.
In opposition, Philip Johnson, 2400 Stag Run Boulevard, stated he had two changes. It is his view no store should be open on Sunday morning and another condition currently reads no
deliveries. He feels the words 'and no pick ups' should be added.
In opposition, Alvin Freas, 2314 Stag Run Boulevard, stated a resolution is close; however some areas remain unresolved. He feels the proposal must be put in writing and reviewed by
appropriate personnel. This proposal should be made a part of the engineering site plan.
In opposition, Steven Kutoroff, 2341 Stag Run Boulevard, stated he is glad to see the traffic figures used by both sides are fairly close. He believes Stag Run should be closed prior
to construction and was curious about emergency vehicle access. He was concerned about the demise of some of the wetland becoming part of the parking lot. Mr. Schwob responded to Mr.
Kutoroff's letter to the Board by stating Board members were nominated and appointed by members of the City Commission and they receive no salary for their services.
In opposition, Edith Tymosko, 1609 Coachmaker's Lane, inquired about the statement that there will be less floor space than now exists at the site and asked if the wooden walkways were
excluded from the figures.
In rebuttal, Mr. Johnson responded to Ms. Tymosko's question and advised that his figures included only square footage of buildings under a roof. He feels the solution is to move up
NE Coachman Road on the transportation improvement program and believes the City should lobby
for that. He did advise they would temporarily close off Stag Run whenever the City wants so that construction traffic will not run through their community.
Board discussion ensued relative to the proposed changes in the recommendation. Mr. Merriam feels that particularly in the recession, the Board should determine if it is creating a
net benefit to the City. Approval of this request does not appear to favor home-owned businesses and he feels road improvements should be made first. With regard to some of the neighbor's
concern, he drove down Stag Run on a Sunday afternoon and found making a left turn onto US 19 extremely difficult. His suggestion is to close the median so no such turns can be made.
Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) Within the 25 foot wide buffer proposed along
the rear of the site (the west side) and along the Stag Run Blvd. frontage west of the proposed driveway (a portion of the north side), buffer vegetation shall be installed consisting
of three rows of shrubs (minimum height 30" at time of installation) placed three (3) feet on center; the tree planting requirements of the Clearwater City code for perimeter landscaping
shall also be met. Due to site constraints, however, the rear buffer can be reduced to a minimum of 10 feet in width along up to 20 percent of the width of the property to accommodate
the turning radii required for truck loading access and maneuvers so long as no reduction in plant materials in the reduced width buffer occurs. Plant materials to be installed in these
areas shall be dense, fast growing varieties. A landscaping plan indicating this landscaping, as well as all other required landscaping, shall be submitted to the Director of Planning
and Development and Asst. Public Works Director (Environmental) and approval of this plan shall occur prior to the issuance of a building permit; 2) The Wal-Mart building shall maintain
a 75 foot setback from Stag Run Blvd.; 3) The existing driveway proposed for removal along Stag Run Blvd. shall be completely removed through the wetland mitigation area and the land
under the driveway shall be restored to a functioning wetland condition to the extent possible given existing utilities in this area; 4) During construction, erosion barriers shall be
installed to protect wetland areas to be preserved and/or created; 5) No alcoholic beverage sales for on-premise consumption shall be permitted on the subject property; 6) The hours
of operation shall be from 9:00 a.m. until 9:00 p.m., seven days a week, except that extended hours of operation of 7:00 a.m. until 11:00 p.m. may be permitted for special events for
up to 10 days per calendar year; 7) No pickups or deliveries shall occur before 8:00 a.m. or after 10:00 p.m., seven days a week; 8) The applicant shall construct or, alternately, provide
funds to cover the full construction costs of cul-de-sacs or other street termini, as deemed acceptable by the City staff, to close Stag Run Blvd. to through traffic; such construction
should include landscaping and other design considerations to eliminate cut-through traffic; 9) a. The applicant shall provide all improvements to surrounding roadways required by the
Florida Department of Transportation, b. As offered, the applicant shall pay $10,000 for improvements to the NE Coachman Road approach to US 19, to be included in the planned resurfacing
project for NE Coachman Road (FDOT project for FY 92-93); 10) The applicant shall provide architectural renderings showing the proposed east (front), north and south elevations of the
proposed Wal-Mart building as part of its site plan application. These elevations shall demonstrate architectural features, such as color schemes, entrance treatments, and landscaping
which mitigate the "boxlike" appearance of some Wal-Mart stores and specify color treatment for the building; 11) All outdoor storage and displays shall be required to be approved through
the conditional use permit process. Proposals for special, temporary outdoor sales shall be included in this requirement, so that screening and other conditions can be established.
Also included are temporary outdoor storage proposals; 12) A cross-access easement shall be executed between the applicant and the owner of Lot 4 to permit the sharing of the proposed
driveway access(es); no direct driveway access shall be permitted to Lot 4 from NE Coachman Road; and 13) No semi-trailers shall enter or exit the property on Stag Run Blvd. Upon roll
call, the vote was:
"Ayes": Bickerstaffe, Schwob, Hamilton, Savage
"Nays": Merriam
Motion carried (4 to 1) with 2 abstentions. Mr. Merriam in the discussion felt all the criteria was not meet in three code areas. They are: Sec. 137.015, (3) the amendment will not
constitute a granting a special privilege to an individual owner. That appears borderline; (7) The amendment will not adversely burden public facilities including the traffic carrying
capacity of streets in an unreasonable or disproportionate manner. They have not met that criteria; and (9) The amendment will result in enchancing the health, safety and welfare of
the citizens of Clearwater. He does not feel it is meeting that standard. Mr. Carassas has been out of the country for ten days and has not had sufficient time to read the current
material therefore declined to vote and Mr. Mazur had an announced conflict of interest.
2. Lots 1 and 2, Harrington's Sub, (500 N. Ft. Harrison Avenue), Adriano Battaglini (Andy's Auto Repair) CU 91-82
Request - To permit outdoor retail sales, displays, and/or storage of used cars
Zoned - CG (General Commercial and RM 28 (Multiple family residential)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. We have a letter from Mr. Beno in favor of the request and a petition signed by approximately
75 people from Harbor Bluffs condominiums indicating their opposition.
Andy Battaglini, applicant, 406 Venetian Drive, stated he feels 19' is excessive when most of the autos he deals with are ten feet long. When questioned about advertising, he informed
the Board he would advertise in the newspaper or on the radio.
In support, Joseph Beno, 500 Osceola, stated he owns property that is adjacent and feels the applicant has improved the property and keeps is as neat as possible. Due to our economy,
cars are kept when persons cannot pay the repair bill. If the applicant cannot succeed in business, another applicant will try and the cycle will be repeated. He feels we should work
with the applicant.
In support, Robert Casagrande, 31 Paradise Lane, Treasure Island, went to both the Planning & Traffic Engineering people for the applicant, and believes there is nothing that could be
submitted that would be met with approval. He feels the venture will not be successful unless the applicant is allowed to sell vehicles outside.
In opposition, Robert Zogby, 1480 Gulf Boulevard, represents the Coalition of Clearwater Homeowners. They are strongly opposed to having used car storage across from their condominiums
in a residentially zoned area. He handed out photos which were given the Board on an earlier occasion.
In opposition, Florence Driggs, 500 N. Osceola, Penthouse A, stated some of the photos were taken from her penthouse. It is her view that residential land should not be allowed to look
like that.
In rebuttal, Joseph Beno, feels the applicant is honest and sincere and is attempting to make a go of his business at this location.
In rebuttal, Andy Battaglini, will try to keep the lot clean and keep his neighbors happy. He has a small number of cars there at any one time. In response to a question from the Board,
he agree to a continuance to work out a possible solution.
The Board understands staff objections due to the property being too small to accommodate its planned uses and asked if a happy medium could be found. Mr. Shuford advised the Traffic
Engineer has some flexibility, perhaps specifying on a plan where employee vehicles would be parked, where sales would occur, etc. The gain may be only 1 or 2 additional spaces.
Motion was made by Mr. Merriam, and seconded by Mr. Mazur, to continue the above request to the first meeting in January, 1992. Motion carried unanimously (5 to 0).
C. CONDITIONAL USES:
1. 700 Island Way 2 Condo, (736 Island Way Assoc. Inc) 736 Island Way CU 91-83
Request - To permit blanket approval for marina boat lifts/catwalks
Zoned - RM 28 (Multiple family residential)
AL/C (Aquatic Lands/Coastal)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Myron Gibson, applicant's representative, 2948 Fairfield Court, Palm Harbor 34683, stated he was asked to install slips for two owners and applied for blanket approval.
The Board questioned whether the Condo association was aware that one of the conditions was there would be no leasing or rental of the space.
John Laidlaw, 736 Island Way, Apt. 205, is one of the boat slip owners but does not own a boat. He is a former association officer and was on the board when the association sold their
slips to existing condo owners. Condo regulations do not allow slips to be rented or leased to non-owners.
Motion was made by Mr. Mazur, and seconded by Mr. Savage, to approve the above request subject to the following conditions: 1) The applicant shall obtain the requisite building permit
upon construction of any boat lift or catwalk; and 2) The boat slips shall be exclusively for the personal use of the residential condominium owners residing at 700 Island Way Condominiums
(one slip per unit) and shall not be rented or leased to non-owners. Motion carried unanimously (6 to 0).
2. Block B, Lots 5 and 6, Barbour-Morrow Sub (423 Poinsettia Avenue) Joseph and Lucy C. Caraco/Anthony and Louise Linares/Frank and Maria Iocolano (Norma Friedman/Sunset Grill) CU 91-84
Request - To permit on-premise consumption of beer and wine
Zoned - CB (Beach Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Andrew Friedman, applicant's representative, 1911 Magnolia Drive, stated he had 20 years experience in the restaurant business and was going to turn this operation into a sit down restaurant.
Motion was made by Mr. Mazur, and seconded by Mr. Merriam, to approve the above request subject to the following conditions: 1) The restaurant shall operate strictly as a sit-down restaurant
and no less than 51 percent of the total sales shall be for food and nonalcoholic beverage sales; 2) The sale of beer and wine shall be restricted to consumption on premises with no
package sales; 3) The requisite occupational license shall be obtained within six (6) months from the date
of this public hearing; 4) The area leased to McDonald's shall not be used for the restaurant use; and 5) The closing time shall be no later than 12:00 midnight. Motion carried unanimously
(6 to 0).
3. M&B 23.05, Sec 17-29-16 (20967 U.S. Hwy 19 N) Thomas Raney (Clearwater Motel, Inc. d/b/a Rodeway Inn) CU 91-85
Request - To permit on-premise consumption of beer, wine, and liquor
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Tony Romano, 300 19th Street, Palm Harbor, Fl, stated the motel will assume management of the comedy club early next year which they will run in the same fashion. They will need only
one alcoholic beverage license.
Motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) Alcoholic beverage sales shall be restricted to sales
for on-premise consumption; 2) Alcoholic beverage sales shall be restricted to the hours of 8:00 a.m. to 2:00 a.m. on Mondays through Saturdays, and from 1:00 p.m. to 2:00 a.m. on Sundays;
and 3) Within 90 days of this public hearing, there shall be no more than one (1) alcoholic beverage license for this premises. Motion carried unanimously (6 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
E. CHAIRMAN'S ITEMS
Mr. Schwob asked that a discussion on the election of Board officers be put on the agenda for the next meeting.
He further felt there was a need for clarification of the rules on what constitutes a quorum vote. This meeting was a prime example with Mr. Mazur and Mr. Carassas abstaining and no
quorum. Mr. Hamilton, who was home ill with the flu, was contacted, and came in so the Wal-Mart case could go forward. The Board expressed appreciation for his efforts.
F. DIRECTOR'S ITEMS
G. BOARD AND STAFF COMMENTS
A letter was received from Lois Cormier and passed on to Board members expressing her concern over tent permits and her access to public records. She has furnished a copy of her letter
to the City Commission.
The meeting was adjourned at 5:50 p.m.
James M. Polatty, Jr., Director, Planning & Development