01/10/1995 MINUTES
PLANNING AND ZONING BOARD
January 10, 1995 - 2:00 P.M.
Commission Chambers, 112 South Osceola Avenue, Clearwater FL
PLEDGE OF ALLEGIANCE
INVOCATION
Members present: John Carassas, Chair
Robert D. Bickerstaffe
Jay Keyes
Edward Mazur
Kemper Merriam
Brenda Nixon
Members absent: Lois Martin, Vice Chair
Also Present: Scott Shuford, Director, Central Permitting
Sally Demarest, Board Reporter
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 Department. Florida Law requires any party appealing a decision of this Board to have a record of the
proceedings to support the appeal.
By motion duly seconded, the minutes of the December 13, 1994 meeting were approved as submitted.
At this point, Mr. Shuford noted staff''s recommendation of continuance of item D3 to February 28, 1995 due to environmental concerns which may affect site design. In consideration
of the number of persons attending the meeting who would have to wait until much later, it was suggested item D3 be addressed first (see p.7).
The following requests for extension, deferred and continued items were considered:
B(A). (cont from 12/13/94) Grace Lutheran Church to permit Child day care at 1812 N. Highland Ave, Sec 02-29-15, M&B 32.12, Brentwood Estates, Lot A, zoned P/SP (Public/Semipublic).
CU 94-104
Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated this item was continued from December 13, 1994 to enable the applicant
to submit a site plan of the church showing the location of the outdoor play area. The applicant submitted a plan showing limited possibilities for relocating the playground.
The applicant, Douglas Langholz, 7 Clearview Drive, Safety Harbor, Pastor of Grace Lutheran Church, apologized for the oversight whereby an occupational license had not been obtained
for the day care center. Explaining the site plan, he said the present site was chosen in consideration of the safety of the children.
In the ensuing discussion, questions were raised relative to alternative locations bordering Joel Lane on the east and Highland Avenue on the south side of the property. Doubt was expressed
that the alternate locations, with fences and trees, would be a danger to the children.
Speaking in support of the application, Wendell Davis, 1475 Otten Street, Clearwater, said his property is on the south side of the church grounds and he was unaware of excess noise
from children playing.
Gary Johnson, 2058 Timber Lane, Clearwater, speaking in support of the application, said his three-year old twins attend the day school and presented a petition signed by 54 parents
in support of the present location of the play area. He also offered information from MPO concerning traffic on Highland Avenue. Responding to a question from the Board, Mr. Johnson
said to the best of his knowledge none of the other persons signing the petition lived in the area bordering the playground.
Also in support, Alan Jones, 1368 Fairfield Drive, Clearwater, echoed previous sentiments and mentioned safety hazards and automobile exhaust.
Speaking in opposition, John Brown, 1448 Bentley Street, Clearwater, said his property borders the playground area and presented photographs of possible alternate sites. He located
the proposed sites on the site plan and said they were equally desirable for playground use. He noted absence of toilet facilities near the present playground, adding in order to reach
toilet facilities, the children presently cross two driveways. His inspection of five day schools revealed playgrounds were located directly against the church or day school facility.
He asked what the regulations were, how decisions are reached as to location of this type of use, and how much space is required per child. He said the playground abutting his property
is located three times as far from the church as from his house and felt he was unjustifiably subjected to the excessive noise nuisance on a daily basis. He and his retired neighbors
purchased their homes because of the quiet location and he fears further devaluation of his property's value.
It was asked that the record state an additional person was present in opposition to the application, but did not speak.
At this point, Architect Rod Coleman, 54 Valencia Drive, Dunedin, a member of Grace Church, spoke in support of the application. He explained the driveways mentioned were low-use, and
described alternate areas, indicating they were less desireable for the church. Further discussion revealed the Board deemed several alternative sites appropriate.
Responding to a question from the Board, Sue Steiner, 2220 St. Charles Drive, Clearwater, said 90 square feet per child-in-use is required for certification by the Pinellas County License
Board. There are a total of 42 children in the school; however, she stated the maximum use of the playground is only 16 children at a time. The present playground site is 4,900 square
feet in size. It was noted that the 16 children would require only 1,500 square feet of play area.
Rebutting, Mr. Langholz said the neighborhood is changing from retired to younger families and the playground contributes to the area.
In the closing discussion it was agreed that a six foot fence and landscape buffering would not adequately cushion the noise at the present location and the playground should be moved.
Motion was made by Ms. Nixon to approve the request subject to staff coordinating with the applicant a change in location of the playground to the northeast section bounded by Joel Lane
and Highland Avenue, and the following conditions: 1) The applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) the outdoor
play area shall not be used before 9:00 a.m. or after 7:00 p.m.; and 3) appropriate transportation impact fees shall be paid prior to the issuance of the occupational license. The
motion was duly seconded and carried unanimously.
The following conditional use items were considered:
C1. John K. & Demetra Lainas (Smart Stop Mini Mart, Inc) to permit package sales of beer and wine (new license) at 1208 N. Ft Harrison Ave, Enghurst 2nd Addition, Lots 62 & 63, zoned
CI (Infill Commercial). CU 95-01
Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations, indicating this is a continuation of an existing use. He stressed the need
for perimeter landscaping on the western side of the property and the necessity of ensuring the adjacent arcade use is properly handled. There were no objections voiced by the Police
Department.
The owner, Demetra Lainas, 1120 Carlton Road, Tarpon Springs, described the business and said she is selling a beer and wine license to the applicant.
The applicant, Jamala Qandil, 702 Bayside Boulevard, Oldsmar, said he leased the property from Ms. Lainas and paid $6,000 to the former owner for equipment on the premise. He said he
has considerable food market experience and has a very clean record. The owner has agreed to provide landscaping, and Mr. Qandil said he understands if the work is not completed, he
will be responsible.There were no persons or documents presented in support of the application.A letter in opposition dated January 10, 1995 from Kathy Milam, President of Old Clearwater
Bay Neighborhood Association, was presented in opposition. Bob Wright, 400 Island Way, Clearwater, spoke in behalf of Kathy Milam and read her letter for the record.
In the ensuing discussion, underground sprinklers for the west side were suggested; however, it was determined that it would not be required for the trial period if the landscaping were
maintained. It was noted parking is grandfathered in. The arcade between the grocery store and pizza restaurant does not have an occupational license or zoning approvals; the situation
is being addressed by the code enforcement process.
Motion was made by Mr. Keyes to approve the request subject to the following conditions: 1) The requisite occupational license shall be obtained within sixty days from the date of
this public hearing; 2) the perimeter landscaping requirements of Section 42.27 shall be provided along the western property line prior to issuance of a certificate of occupancy or occupational
license and continuously maintained; 3) this approval shall be for a 4 month trial period, after which the application shall be reviewed for compliance with the established conditions
of approval; 4) the parking lot shall be re-striped and a parking space provided for the handicapped within 60 days; and 5) the hours of operation are weekdays, 8:00 a.m. to 9:00 p.m.;
and weekends, 8:00 a.m. to 10:00 p.m. The motion was duly seconded and upon the vote being taken, Chairman Carassas, Ms. Nixon, Mr. Mazur, Mr. Keyes and Mr. Merriam voted "aye"; Mr.
Bickerstaffe voted "nay". Motion carried (5-1).
C2. Jonathan & Janet M. Leonard (Duraseal Asphalt Sealing Co.) to permit a home occupational license with more than 3 employees at 2964 Hillcrest Cir N, Countrypark, Blk D, Lot 12, zoned
RS 6 (Residential Single Family). CU 95-02
Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated the applicants' request is for a home occupation license and their
six employees work in a Largo warehouse where all equipment is kept.
The applicant, Jon Leonard, 2964 Hillcreek Circle North, Clearwater, said he and his wife have had the business for eight years. He said business is conducted over the telephone, and
his wife does the bookkeeping. The warehouse is not air-contitioned and mainly a construction yard.
Mr. Shuford noted a conditional use permit is required if more than three persons are employed away from the home, adding that home occupation requirements will be addressed when code
chapters are reviewed for modification this year.
There were no persons or documents in support of or opposition to the application.
Motion was made by Ms. Nixon to approve the request subject to the following conditions: 1) the applicants shall obtain the requisite occupational license within six months from the
date of this public hearing; 2) no sale or trading in merchandise shall be carried on from the property where the home occupation is located; 3) the occupation shall not involve the
use of a commercial vehicle for delivery of materials to and from the premises except for travel from the home occupation site to a job location and to return; 4) no marked vehicle or
equipment used in conjunction with the home occupation shall be parked on the property; 5) no display of products, operations, signs or nameplates shall be visible from outside the dwelling;
and 6) the applicants shall comply with all of the standards for all home occupations contained in Section 41.161(4) of the City Land Development Code. The motion was duly seconded
and carried unanimously.
C3. E.G. Bradford & Sons, Inc to permit outdoor retail sales, display, and/or storage at 111 S Belcher Rd, Sec 18-29-16, M&B 23.03, zoned CG (General Commercial). CU 95-03
Mr. Shuford indicated staff is requesting continuance due to absence of a satisfactory site plan.
The applicant did not attend the meeting. There were no other persons or documents in support of or opposition to the application present.
Motion was made by Mr. Mazur to continue the request to the January 24, 1995 meeting. The motion was duly seconded and carried unanimously.
The following annexation, zoning, Land Use Plan Amendment, Land Development Code Text Amendment and Local Planning Agency Review items were considered:
D1. 1947 West Skyline Drive, Skyline Groves, Lot 105 (C.M.L. Building Company Inc). A 94-27; LUP 94-31
LUP: Residential Low
ZONE: RS-8 (Single Family Residential)
Mr. Shuford gave the background of the request and presented, in writing, the staff recommendations, indicating annexation is requested to obtain City sewer service for a new single
family home. Staff recommends the Future Land Use Plan Classification of Residential Low and a zoning of RS-8.
Motion was made by Mr Mazur to recommend endorsement to the City Commission. The motion was duly seconded and carried unanimously.
D2. 24244 U.S. 19, (Part A-annexation), Haas Sub, Lots 3-8, Blackburn Sub, part of Lot 3 and abutting right-of-way for Lawson Rd & Haas Ave, (Part B-zoning), Haas Sub, Lots 1-8, Blackburn
Sub, part of Lot 3 and abutting right-of-way for Lawson Rd & Haas Ave, (Ridge Haven Associates, Ltd). A 94-28; LUP 94-32
LUP: Commercial Retail
ZONE: CPD (Commercial Planned Development)
Mr. Shuford gave the background of the request and presented, in writing, the staff recommen-dations, indicating the subject is an existing mobile home park located between US 19 and
Lawson Road.
At the request of the Chairman, the meeting recessed at 3:59 a.m., reconvening at 4:05 p.m.
Continuing, Mr. Shuford said the back two-thirds of the property is in the County, zoned commercial with Countywide Future Land Use Plan Classification of Residential/Office/Retail.
The front portion of the property is in the City and has Highway Commercial zoning. The applicant requests City services and negotiated development requirements with the City. He
noted the specific development requirements included in the application and added the site plan is compatible with surrounding residential uses. Mr. Shuford stated the application is
in accordance with Florida Statute trailer park rezoning procedure requirements, and staff has worked with the City Attorney in this regard.
Responding to a question from the Board, Mr. Shuford said impact fee credit will be given for residential use of the property. Retail buildings will pay the difference between what
their square footage will generate and the residential use credit.
Attorney Ed Armstrong of Johnson, Blakely, 911 Chestnut Street, Clearwater, represented the applicant, Harrison Bennett, the developer and contract buyer. He explained the annexation
and zoning request, adding the present mobile home park use is a non-conforming use under the present zoning. A significant number of meetings with City staff established development
parameters and produced the applicant's very detailed site plan. Mr. Armstrong indicated the applicant has fully complied with FS Ch 423, the Mobile Home Act. An impact statement
will be delivered to the City which will show where the displaced residents are relocated. A total of 59 spaces of the total 66 spaces are presently owned by the developer.
Discussion ensued detailing lot rent, proper notification to residents, future or existing right-of-way, alternate sign locations and setback from the south property line. Joe Kobicki,
King Engineering, 24945 US Highway 19 North, Clearwater, clarified the location of the sign. The petition received at the time of the receipt and referral hearing by the City Commission
was briefly discussed and it was noted the Ridge Haven residents had little input into that petition.
There were no persons or documents in support of or opposition to the application.
Motion was made by Mr. Keyes to recommend endorsement to the City Commission subject to the following conditions: 1) A fire hydrant assembly shall be installed not more than 300 ft.
from the structure; 2) if structure requires or has installed an automatic fire sprinkler system, a Fire Department connection shall be installed with a minimum of 15 ft. from the structure,
adjacent to a paved driveway and within 30 ft. of a fire hydrant assembly; 3) prior to certification, the Dumpster Requirement Form must be completed and returned to the City Solid Waste
Department; 4) prior to certification, a copy of the SWFWMD permit application is to be provided to Engineering Site Plan Review; 5) prior to issuance of a building permit, a copy of
the approved SWFWMD permit is to be provided to Engineering Site Plan Review; 6) prior to certification, the final site plan must be signed and sealed by a Professional Engineer registered
in the State of Florida; 7) a Pinellas County Public Health Unit Permit, Ingress/Egress and a 10 ft. utility easement over the proposed water mains up to and including meters, backflow
prevention devices and hydrants are required prior to issuance of a building permit; 8) backflow prevention devices must be installed by the City with applicable fees being paid by the
owner; 9) all existing and proposed utilities are to be shown on the site plan prior to certification; 10) prior to certification, plans are to show 50 ft. of adjacent topography around
perimeter of site; 11) sidewalks are required adjacent to all street rights-of-way, and shall be shown on the site plan; 12) handicap spaces must be adjusted to meet government standards;
13) parking and/or driveways (placement of wheel stops) and traffic sign placement shall be approved by the Traffic Engineer and shown on the site plan; 14) dimensions to be shown on
the plan shall denote measurements for aisles, parking stalls, entrances, etc. 15) prior to issuance of a building permit, a copy of the approved SWFWMD permit shall be submitted to
Environmental Management; 16) signage should be as specified on the site plan; 17) the requisite building permits must be procured within one (1) year from the date of certification
of the final site plan and all requisite certificates of occupancy must be obtained within three (3) years of the date of certification of the site plan; 18) a Unity of Title shall be
recorded with Pinellas County Official Records prior to issuance of any building permit; 19) all permitted uses and any approved conditional use permits or variances for the Commercial
Planned Development shall be listed on the final certified site plan; 20) the applicant shall contact Parks & Recreation for the required recreation/open-space assessment fee, which
shall be paid prior to certification of the site plan; 21) FDOT approval of proposed access to U.S. 19 shall be obtained prior to second reading of the rezoning ordinance and approval
of the final site plan. The motion was duly seconded and carried unanimously.
D3. 509 Bayview Ave and 508 Meadow Lark Lane, McMullen Bayview Sub, Tract A, Blk 3, Lots 1 & 2 and south l/2 of right-of-way to the north, (R. Roy Meador). Z 93-54; LUP 93-43
LUP: From Residential Urban to Commercial General
ZONE: From RS 6 (Single Family Residential) to CPD (Commercial Planned Develoment)
The Board addressed item D3 as the first agenda item for consideration. Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He
indicated staff is recommending continuance based on environmental concerns which may affect the site plan and zoning issues.
Attorney Harry Cline, representing the applicant, objected to the continuance. He said the issue was a "red herring" and distorted the truth. He said minor contamination on the site
has been on the EDI program since 1985 and is totally under control.
A disruption of the meeting ensued from persons in opposition to the proposed planned development. Mr. Allan Stowell, a leader of their opposition, refused to yield the podium despite
instructions from the Chairman to do so. Order was restored some time later. Motion was made by Mr. Bickerstaffe to consider the item as an agenda item. There was no second.
Mr. Mazur was accused by Mr. Stowell of conflict of interest which was emphatically denied.
It was noted by a Board member that, historically, when a considerable number of persons wish to speak on an issue, the Board allows them to speak if they are unable to attend a rescheduled
meeting. There was general consensus to continue the item to February 28, 1995 and hear those persons who will not be able to attend on that date to speak.
In the ensuing discussion it was stated that, if the issue which created the delay had to do with contamination of soil, there is a way to address contamination of soil, which would
not change the site plan; Mr. Shuford disagreed, adding the site plan is essentially the zoning for the property, citing certain conditions which might require relocation of the building.
Concern was expressed that past absences of signed, sealed, certified site plans has been problematic.
Motion was made by Mr. Keyes to continue item D3 to February 28, 1995 providing the people in attendance have an opportunity to speak if they are unable to attend that meeting. The
motion was duly seconded and upon the vote being taken, Chairman Carassas, Ms. Nixon, Mr. Keyes and Mr. Merriam voted "aye"; Mr. Bickerstaffe and Mr. Mazur voted "nay". Motion carried
(4-2).
The Board recessed at 2:33 p.m., reconvening at 2:43 p.m.
Following a brief discussion, it was suggested that those persons wishing to be speak on item D3 would be heard later in the meeting in agenda order so that other applicants would not
be further delayed. Motion was made by Mr. Bickerstaffe to hear comments relative to item D3 in proper agenda order. The motion was duly seconded and carried unanimously.
At 4:25 p.m. Chairman Carassas summarized the Board's actions relative to item D3 earlier in the meeting and said, as a courtesy, the Board would hear those persons who wished to speak
on this
issue. He stated that it was necessary to vacate the meeting room by 5:00 p.m. due to another meeting scheduled; therefore, all speakers' presentations would be limited to three minutes.
Jack Alvord, 606 Bayview Avenue, Clearwater, was assured that he would be able to speak again at the rescheduled hearing. He addressed the matter of gasoline on the property and cited
his attendance at past meetings. He questioned past continuance decisions.
Michael Sanders, 411 Orangeview Avenue, Clearwater, said he was a member of the 1980 architectural/survey team which prepared Florida site master files on the Bayview property. In his
opinion, the subject house, one of the oldest homes in Clearwater, is historically significant. He opposed rezoning, adding the CPD zoning is addressing the buffer of trees and the
retention pond, and overlooks the houses. In his opinion, moving historic houses is impractical and unrealistic.
Earley Sorenson, 517 Bayview Avenue, Clearwater, indicated his mother and grandmother were present, and all oppose rezoning. He expressed concerns that the commercial zoning to the
property line will destroy his property and described his unsuccessful efforts to reach an amicable agreement with the applicant.
Barbara McMullen-Sartor spoke in opposition. She said the property at 517 Bayview Avenue, Clearwater, presently owned by her mother, will eventually be hers. She recalled McMullen
family gatherings at the home. Gulf-to-Bay traffic and noise will be aggrevated by the proposed car wash, parking and additional pollution. She expressed the family's desire to keep
the home and trees intact for future family gatherings.
Mary McMullen also spoke in opposition. She said she would not want a car wash in the backyard of her home, and asked for help to see that this did not happen.
Allan Stowell, 2873 Thornton Road, Clearwater, identified himself as a neighbor and cousin, and said his subdivision was part of the historic town of Bayview. He quoted passages from
the History of Bayview previously distributed to Board members and asked that staff provide the Board with additional historical inventory of Bayview. Mr. Stowell said he was aware
of staff's recommen-dation for continuance today, but was unsure whether the applicant would want to proceed.
There were no other persons to speak, no further discussion and no other documents in support of or opposition to the application.
D4. Ordinance No. 5720-94 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 41.053, Code of Ordinances, to reduce the minimum lot area requirement
for manufacturing uses in the Infill Commercial Zoning District; creating Section 42.36, Code of Ordinances, to prohibit driveway access for nonresidential uses across residential zoning
districts; providing an effective date.
Mr. Shuford gave the individual backgrounds of items D4, D5 and D6 and presented, in writing, the staff recommendations. There were no persons or documents in support of or opposition
to the applications. Items D4, D5 and D6 were briefly discussed and voted upon individually.
Motion was made by Mr. Mazur to recommend endorsement of item D4 to the City Commission. The motion was duly seconded and carried unanimously.
D5. Ordinance No. 5740-94 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 41.171, Code of Ordinance, to revise requirements for temporary
commercial parking lot uses; providing an effective date.
Mr. Shuford indicated staff opposed a "rent-a-heap" type operation and quoted the provision on p. 2 relative to compatibility with surrounding land uses. Responding to a question
from the Board, Mr. Shuford indicated "temporary" meant 90 days per calendar year.
Motion was made by Mr. Keyes to recommend endorsement of item D5 to the City Commission. The motion was duly seconded and carried unanimously.
D6. Ordinance No. 5755-95 of the City of Clearwater, Florida, relating to the Land Development Code; amending sections 40.356 and 40.404, Code of Ordinances, to provide for outdoor
retail sales, displays and/or storage in the Beach Commercial and Resort Commercial zoning districts as conditional uses; amending Section 41.053, Code of Ordinances, to establish additional
supplementary conditional use standards for outdoor retail sales, displays, and/or storage; providing an effective date.
Motion was made by Mr. Bickerstaffe to recommend endorsement of item D6 to the City Commission. The motion was duly seconded and carried unanimously.
The following Chairman's items were considered:
Review of Rules and Procedures
Motion was made by Mr. Mr. Bickerstaffe continue review of rules and procedures to the January 24, 1995 meeting. The motion was duly seconded and carried unanimously.
Election of Officers
The Chairman accepted the resignation of Ms. Martin due to personal obligations.
Chairman Carassas expressed his pleasure to serve the Board and called for nominations for the offices of Chair and Vice Chair. Motion was made by Mr. Mazur to nominate Dr. Merriam
to serve the Board as Chair; Dr. Merriam accepted the nomination. Mr. Bickerstaffe seconded and the motion carried unanimously.
Motion was made by Mr. Carassas to nominate Mr. Keyes to serve the Board as Vice Chair; Mr. Keyes accepted the nomination. Dr. Merriam seconded and the motion carried unanimously.
The following are Director's items:
Mr. Shuford offered Ms. Martin's letter of resignation. She wished the Board good luck and progress.
Mr. Shuford revisited the controversial D3 item and pointed out that staff had met with persons in opposition the day before the meeting and indicated they were aware the item would
be continued due to their concerns; and at that time they were in agreement with the continuance. He expressed his surprise at the vehemence of the arguments today and indicated he
had not anticipated such contentious behavior.
Mr. Shuford requested a work session at the close of the January 24, 1995 meeting to discuss site plan issues and the Board's needs and expectations regarding site plans. He noted that
City Code conditional use requirements state DRC staff is not to review site plan until after the Planning and Zoning Board has approved the conditional use.
The City Attorney will be invited to attend the next Board meeting. Mr. Shuford said Ms. Glatthorn will be handling the scheduling of the Board's tour of Central Permitting for any
individual member who desires to tour.
Mr. Shuford noted a minor scheduling change in the 1995 meeting schedule.
There being no further business, the meeting adjourned at 5:07 p.m.
____________________________________
Scott Shuford
Director, Central Permitting