08/30/1994 MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, August 30, 1994 - 2:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present:
Chairman Carassas
Mses. Martin
Nixon
Messrs. Bickerstaffe
Keyes
Mazur
Merriam
Also present: Scott Shuford, Planning Director (arrived 3:13 p.m.)
Sandra Glattorn, Permitting Manager
Sally Demarest, Board Reporter
Doreen Brett, Staff Assistant III
Chairman Carassas 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.
Item
A. APPROVAL OF MINUTES
August 2, 1994, and August 16, 1994, minutes continued to September 13, 1994.
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
C. CONDITIONAL USES:
C1. Feshbach Brothers (Diamond Edge Co.) to permit manufacturing at 639 Cleveland St, Gould & Ewing, 2nd Add., Blk 20, Lot 13 & part of Lot 2, zoned UC(C) (Urban Center (Core). CU 94-68
Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation.
The applicant, Mr. Thomas Smith, 2035 Philippe Parkway, Safety Harbor, tenant at the premises, said he plans to manufacture diamond surgical blades.
Mr. Ray Cassano, building manager and part owner of the subject premises, spoke in behalf of the
applicant.
There were no persons present to speak in favor or opposition to this item.
Motion was made by Mr. Keyes, seconded by Ms. Merriam, to approve this request subject to the following conditions: 1) The applicant shall obtain the required occupational license
within six months from the date of this public hearing. Motion carried unanimously (7-0).
C2. Dennis R. DeLoach Jr. to permit vehicle service at 1393-1395 S Missouri Ave, Missouri Heights Lot 17 & Sall's 2nd Add., Blk A, Lot 10-12, zoned CG (General Commercial District).
CU 94-69
Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation.
Ms. Glatthorn referred to a telephone call which had been received from the applicant indicating they were withdrawing the request wherein they asked about the consequences if they just
did not show up. Zoning indicated to the caller that a letter was required to withdraw the application.
The applicant did not appear and there were no persons present to speak in favor or opposition to this item.
Motion was made by Mr. Bickerstaffe, seconded by Ms. Nixon to continue this item to the September 13, 1994, meeting. Motion carried unanimously (7-0).
C3. Pelican Port Homeowners Association (Pelican Port) to permit marina boat lifts at 301 Island Way, Pelican Port, zoned RM 20 (Residential Multi Family 20 District) & P (Preservation).
CU 94-70
Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation.
There were neither persons present to speak in favor or opposition to this item.
Mr. Don Turek, Gulfside Docks, 1123 South Florida Avenue, Tarpon Springs, speaking for the applicant homeowners' association, verified that this request remedies an omission of the subject
boat lifts by the developer which was intended for inclusion in the original construction. The harbormaster has indicated there will be no impediment to navigation.
Motion was made by Mr. Bickerstaffe, seconded by Ms. Nixon, to approve this request subject to the following conditions: 1) The boat slips shall be for the exclusive use of the residents
of the Pelican Port condominium project only, with no leasing to nonresidents allowed; 2) there shall be no fuel stored at the facility; 3) there shall be no live aboard use or any other
commercial use of the facility; 4) the requisite building permit shall be obtained within six months from the date of this public hearing; and 5) all safety devices shall be provided.
Motion carried unanimously (7-0).
C4. L.M. Loken (Imperial Square Produce Market) to permit outdoor retail sales, displays and/or storage at 1496 S Belcher Rd, Sec 24-29-25, M&B 41.05, zoned CG (General Comercial District).
CU 94-71
Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation.
Ms. Glatthorn indicated this request involves a variance for 12 parking places. Discussion ensued regarding timing of occupational license and building permit. Replying to a question,
Ms. Glatthorn said an occupational license will not be issued until building permit is obtained or parking provided. A requirement of one-year for issuance of an occupational license
was suggested, and the applicant must receive variance approval.
Mr. Stephen R. Fowler, 1421 Court Street #D, Clearwater, speaking for the applicant, briefly described the property. He said that there would be no objection to the one-year occupational
license requirement, and all other provisions are acceptable.
There were no persons to speak in support or opposition to this item.
Motion was made by Mr. Mazur, seconded by Mr. Bickerstaffe, to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained within
twelve months from the date of this public hearing; 2) the applicant shall meet all supplementary conditions for outdoor retail sales, displays and/or storage in accordance with Section
41.053 (23) of the City Land Development Code; 3) both interior and perimeter landscaping shall be provided as indicated on the site plan, and in accordance with Section 42.27 of the
City Land Development Code; 4) the dumpster shall be located according to the Sanitation Division standards and screened with fencing and landscaping within six months from the date
of this public hearing; 5) the applicant shall obtain the necessary building permit within six months from the date of this public hearing; 6) all signs shall comply with the City's
Sign Code, 7) the applicant shall obtain variance approval from the variance code ajustment board within six months from the date of this public hearing or otherwise meet requirements
of city parking code. Motion carried unanimously (7-0).
C5. City of Clearwater to permit public works project; sewer pump station at 1301 N Betty Ln, Pine Brook, Unit 2, Park area & Stevenson's Creek & submerged land, zoned OS/R (Open Space/Recreation
District). CU 94-72
Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation.
Mr. Claude Howell, Civil Engineer II, 10 So. Missouri Avenue, Clearwater, speaking for the applicant, City of Clearwater, described the project, indicating it is a collaboration with
Pinellas County. The required variance has been obtained from the Development Code Adjustment Board. Answering a question, Mr. Howell indicated that there have been no complaints from
the adjoining subdivision.
There were no persons to speak in support or opposition to this request.
Motion was made by Mr. Merriam, seconded by Ms. Nixon, to approve this request subject to the following conditions: 1) The applicant shall obtain the requisite building permit within
six months from the date of this public hearing; 2) at a minimum, the use shall meet the perimeter landscaping requirements of Section 42.27(3) for nonresidential properties, unless
located in an area where the environmental characteristics make such buffering impractical. Motion carried unanimously (7-0).
C6. Sears, Roebuck & Co./Albertson's Inc. to permit package sales of beer, wine, & liquor (new license-liquor store), to permit the package sale of beer and wine (new license-supermarket),
& to permit outdoor retail sales, display and/or storage at 1297 S Missouri Ave, F.E. Hanousek's Sub, part of Lots 11 & 12, zoned CC (Commercial Center). CU 94-74
Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. The Chairman waived reading the entire list of requirements for signage.
Mr. Tim Johnson, 911 Chestnut Street, Clearwater, represented the applicant, Albertson's Inc. He said they request three conditional uses, and a change of zoning from CC to CPD zoning.
He introduced Mr. Bruce Kasthyk, Tampa Bay Engineering, project engineer, who described the project. Mr. Johnson indicated the applicant meets staff's seven general conditions and
specific standards. Considerable discussion ensued regarding site plan and zoning. Mr. Johnson stated the property is being rezoned, including a site plan. He objected to time constraints.
Ms. Glatthorn was excused from the meeting and returned with clarification for Mr. Johnson relative to additional language to cover temporary outdoor sales (see 3 below). She added
that concept site plan approval is required for the planned development zoning, and that minimum requirements for concept plans shall be the same as site plans under Ch 43. The final
site plan may have a time table. Mr. Johnson addressed several new site plan conditions suggested by staff regarding the site plan, including submission of site plan and zoning. Discussion
ensued.
Ms. Nixon expressed appreciation to Mr. Johnson on behalf of the board for this revitalization project.
Motion was made by Mr. Mazur, seconded by Mr. Bickerstaffe, to approve this request subject to the following conditions: 1) The applicant shall obtain an Occupational License within
six months from the date of issuance of a Certificate of Occupancy; 2) the 3,000 sq. ft. outdoor retail sales area shall be entitled to no additional signage beyond the signage approved
by the City Commission for the Commercial Planned Development (CPD). The outdoor retail sales area shall be restricted to that area located directly in front of the Food Store building
with no approval for utilizing the Albertson's parking lot or drive aisles for outdoor retail sales. Nothing contained in this condition (condition #2) shall prohibit Albertson's from
applying for or receiving a temporary permit for outdoor retail sales use in the parking area for seasonal items such as Christmas trees, pumpkins or light seasonal items. Motion carried
unanimously (7-0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
Request for Annexation, Land Use Plan and Zoning Atlas amendment:
D1. 2377 Dora Dr, Rolling Heights-Sub, Lot 12 & that portion of Dora Drive abutting Lot 12, (Beulah C. Bailey) A94-17; LUP 94-20
LUP: Residential Low
ZONE: RPD-D (Residential Planned Development)
Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation.
Motion by Mr. Merriam, seconded by Mr Keyes to recommend endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment
to Residential Planned Development-D (RPD-D) as they appear to be supported by the Standards for Approval of Land Development Code Section 37.21, Article III of Chapter 40, and Section
36.066. Motion carried unanimously (7-0).
Request for Land Use and Zoning Atlas amendment:
D2. 510-522 Woodlawn St & 511-515 Wildwood Way, Belleair Highlands, Blk B, Lots 13-20 & 51-54, (Delbert C. Gangelhoff & Lillian E. Howard) Z 94-09; LUP 94-19
ZONE: From CC (Commercial Center) to CPD (Commercial Planned Development)
Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation.
Motion by Mr. Bickerstaffe, seconded by Ms. Nixon to recommend endorsement to the City Commission of the proposed Future Land Use Plan Amendment to Commercial General and Zoning Atlas
Amendment to General Commercial as they appear to be supported by the Standards for Approval of Land Development Code Article III of Chapter 40 and Section 36.066. Motion carried unanimously
(7-0).
Request for Zoning amendment:
D3. 1297 Missouri Ave, F.E. Hanousek's Sub, part of Lots 11 & 12 (Sears, Roebuck & Co) Z 94-05
At 3:13 p.m. Mr. Shuford arrived at the meeting.
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Mr. Tim Johnson, 911 Chestnut Street, Clearwater, again spoke in behalf of the applicant, Albertson's. Replying to a question, he indicated the present Sears building will be torn down.
Mr. Johnson was requested to advise what will happen to that area of the property after the demolition.
Discussion involved building permit for the Albertson's store, demolition of the Sears store, certification of title, site plan and certificate of occupancy.
Motion by Mr. Mazur, seconded by Mr. Bickerstaffe to approve the request subject to the following changes to the Preliminary Site Plan Conditions of approval to read: 2) The requisite
building
permits for Albertson's main store must be procured within one year from the date of certification of the final site plan, and that all demolition work on the site be done under one
permit, and the requisite certificate of occupancy be obtained within 3 years from date of certification of the site plan for the Albertson's main store; and 4) A Unity of Title shall
be recorded for the CPD zoned portion of the site prior to certificate of the site plan. Motion carried unanimously (7-0).
D4. Ordinance No. 5666.94 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 42.23, Code of Ordinances, to increase the allowable height bonus
for structures providing parking beneath the building in certain zoning districts; providing an effective date.
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
There were no persons present to speak in favor or opposition to this item.
Discussion ensued relative to various parking circumstances. Mr. Shuford reiterated changes in height requirements previously discussed.
Motion by Mr. Bickerstaffe, seconded by Mr. Keyes to recommend endorsement of Section 42.23 Heights of Structures and Uses, to the City Commission. Motion carried unanimously (7-0).
D5. (cont. from 8/16/94) Ordinance No. 5668-94 of the City of Clearwater, Florida, relating to the Land Development Code, amending various sections within Chapters 35. 36. 4-9, 41 and
42, Code of Ordinances, to revise the alcoholic beverages sales regulations, establish new definitions, create a new appeals process, establish a new "nightclubs, taverns, and bars"
use, and establish conditional use standards; providing an effective date.
Discussion ensued regarding proximity of buildings to adjacent properties. Beach saturation of these uses was a concern. Mr. Shuford asked for specific input. It was the consensus
that everyone agreed with the content, but clarification and simplification were needed. Motion was made by Mr. Mazur, seconded by Ms. Nixon to continue this item to the September 13,
1994 meeting. Motion carried unanimously (7-0).
D6. (cont. from 8/16/94) Ordinance No. 5632-94 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 41.053, Code of Ordinances, to allow consideration
of temporary uses in conjunction with outdoor retail sales, displays and/or storage conditional uses; mending Chapter 41, Divisions 7 and 8, Code of Ordinances, to significantly revise
existing requirements for temporary buildings, portable buildings and tents, and for temporary retail sales and displays; amending Section 42.34, Code of Ordinances, to delete requirements
for temporary commercial parking lots as found in this Section; providing an effective date.
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
There were no persons present to speak in favor or opposition to this item.
Following a short discussion, endorsement to the City Commission was recommended by motion made by Mr. Bickerstaffe, seconded by Mr. Keyes, and motion carried unanimously (7-0).
D7. (cont. from 8/16/94) Ordinance No. 5658-94 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 35.11, Code of Ordinances, to establish definitions
for "outdoor cafe," "sidewalk vendor," and "vendor stand"; amending Chapter 41, Code of Ordinances; creating a new division 12 to establish requirements for locating and operating outdoor
cafes and sidewalk vendor operations; providing an effective date.
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Motion by Mr. Keyes, seconded by Ms. Nixon recommending endorcement to the City Commission of the outdoor cafe portion of the ordinance with the following changes, but recommended dropping
all reference to sidewalk vendors because of concerns about the effect of vendor operations on beach businesses; the Board favored existing regulations allowing vendor operations in
Downtown Clearwater: 1) Under section 41.221(1)(a), change the separation requirement from bus stops, fire hydrants, etc. from eight feet to six feet; 2) Under section 41.221(1)(f),
revise the prohibited hours of operation to between 2:00 a.m. and 6:00 a.m.; 3) Under section 41.221(2), umbrella signs should be exempted from the sign regulations; 4) If the vendor
section remains, under section 41.222(d), revise the prohibited hours of operation to between midnight and 6:00 a.m.; and 5) Under section 41.226, revise fees for outdoor cafes to $1.00
per square foot and for sidewalk vendors associated with a restaurant, a fee of $100, and a flat fee of $250 for independent vendors. Motion carried unanimously (7-0).
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
A motion by Mr. Merriam, seconded by Mr. Keyes to continue to September 13, 1994, items #1, Annual Report to City Commission and #2, Board Position on Appeals Process. Motion carried
unanimously (7-0).
G. BOARD AND STAFF COMMENTS
Comment was made that minutes are not being received in timely fashion.
Several parking spaces in the back of the Walmart store are being used for playground equipment.
In Mr. Marquardt's appeal of the board's denial of the Bayview Gardens nursing home conditional use permit request, he states the board does not have the right to talk to citizens to
get any input for meetings. A current legal opinion in this regard was requested.
The possibility of reconsidering a request which the board had previously denied was discussed. It was the consensus that the application should not be reopened.
Adjourn: By motion, duly seconded, the meeting adjourned at 5:21 p.m.
____________________________________
Scott Shuford, Central Planning Director