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03/14/1995 MINUTES PLANNING AND ZONING BOARD March 14, 1995 - 2:00 P.M. Commission Chambers, 112 South Osceola Avenue, Clearwater, FL INVOCATION PLEDGE OF ALLEGIANCE Members Present: Kemper Merriam, Chair Jay Keyes, Vice Chair Brenda Nixon John Carassas Bernie Baron Members absent: Edward Mazur Robert D. Bickerstaffe Also Present: Scott Shuford, Director, Central Permitting Sally Demarest, Board Reporter, City Clerk Department The meeting was called to order by the Chair at 2:02 p.m. in the Commission Chambers of City Hall. Mr. Carassas led the Invocation and Pledge of Allegiance. Chairman Merriam 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 February 28, 1995 meeting were approved as submitted. The following requests for extension, deferred and continued items were considered: B1A. (cont. from 2/14/95 and 2/28/95) Clearwater Community Hospital/Richard H. Katzeff, CEO to permit noncommercial parking at 1550-1570 Jasmine Way, Druid Groves, Blk A, Lots 7-12 & l/2 vacated street, zoned RM 8 (Multi Family Residential). CU 95-06 Mr. Shuford gave the background of applications CU 95-06 and Z-94-15 and presented, in writing, the staff recommendations. He indicated the applicant has requested a continuance to allow time to work with adjoining property owners and staff to make corrections and prepare an acceptable site plan. The two items were voted upon individually. Mr. Keyes moved to continue the conditional use request to March 28, 1995 meeting. The motion was duly seconded and carried unanimously. B1B. (cont. from 2/14/95) 1550-1570 Jasmine Way, Druid Groves, Blk. A, Lots 7-12, and vacated right-of-way adjacent to the West side of Lot 12. (Clearwater Community Hospital). Z 94-15 ZONE: From RS-8 (Single Family Residential) to RM 8 (Multiple Family Residential) Mr. Shuford said the applicant plans to apply for Residential Planned Development zoning to accommodate adjustments requested by the board. Mr. Keyes moved to continue the request to March 28, 1995 meeting. The motion was duly seconded and carried unanimously. B2. (cont. from 2/14/95 and 2/28/95) Dimmitt Car Leasing, Inc (E's Auto Detailing) to permit vehicle service/auto detailing at 510 Pine St, Wallace's Addition, Blk 3, Lots 6-9, zoned CG (General Commercial). CU 95-15 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated the item was continued to enable the applicant to submit a more comprehensive site plan. He relayed concerns of staff with property disrepair, lack of maintenance, code enforcement violations, and the anticipation of a continuing problem at this location should the application be approved. The lapse of a year between dates of violation inspections was questioned; it was determined that, as a rule, violations inspections are conducted upon the complaint of neighboring property owners. The applicant, Ronell Fuller, 301 Seacrest Drive, Largo, reported the problems with the property are being addressed with painting, crushing junk cars, clearing the grass lot, etc. He acknowledged more work remained to be done. Replying to questions from the board, Mr. Fuller said his sub-leasees perform auto and boat repair and do not now have occupational licenses. It was noted the subject conditional use request was for automobile detailing only. The applicant was invited to read the recommendations of staff; he said items 2) all permitted services shall be indoors, and 7) striping and sealing of the parking lot may be a problems; and 8), no major repairs, would be a problem with his sub-leasees. Ultimately, Mr. Fuller said that he would be able to comply with all recommendations suggested by staff and he complained about the lack of assistance from Dimmett, the property owner. Speaking in opposition, Stewart Whitehouse, 603 Turner Street, Clearwater, whose antique shop is located across the street, read a petition in opposition and presented it to the board. He claimed the applicant has been operating body and boat repair at the location for a year without an occupational license and cited violation notices and his concerns for stormwater runoff, drainage, and the clutter of junk cars. It was mentioned by Mr. Shuford that conditional use applicants are generally awarded time to remediate deficient or substandard properties. Larry Matlock, 612 Pine Street, Clearwater, said he represented himself and his five rental tenants, although he did not have written authorization to represent them. He expressed concerns with contaminants, traffic, junk cars, trash, and the echoing music, joking and related noise. Mr. Matlock complained that violations by the property owner have been continuing for many years and said the Community Response team has "run out of red tags" when inspecting the property. Mr. Matlock said Dimmett Cadillac ran a body shop on the site at the time he purchased the property in 1979 and cited the deterioration of the property following Mr. Dimmett's move. Also in opposition, Sue Mayhew, 605 Pine Street, Clearwater, supported the comments of Messrs. Whitehouse and Matlock. When questioned, each of the persons speaking in opposition did not object to the detailing business per se, but to noise when work is done outside and the conditions inherent with the other businesses. It was noted by Mr. Shuford that sub-leasees of Mr. Fuller would have to apply to the board for licenses. It was agreed that a well-run business would be an improvement over a vacant property. Rebutting, Mr. Fuller cited his efforts to renovate the property and his future plans for landscaping. He assured the board that his tenants would be evicted from the premise if they could not obtain occupational licenses. There are no written leases with the other businesses; Mr. Fuller said he could maintain his business if the other businesses moved. He suggested he could use one-half of the property for his detailing business and return the rest to Dimmett. Responding to a questions, he said to work inside would be "hotter" and use of a large fan was suggested. In the ensuing discussion, it was noted that a specific determination of auto detailing as conditional use for the property would preclude the types of businesses now operating as "sub-leasees". It was emphasized that code enforcement inspections are initiated by complaint, agreed that the applicant has been making an honest effort at remediation, and that Dimmett should contribute to the renovation of the property. A motion was made by Mr. Carassas to approve the request with the following conditions: 1) The applicant shall obtain the necessary occupational license for the use within six months from the date of this public hearing; 2) all permitted services shall be indoors; 3) all parts, materials and vehicles shall be stored indoors; 4) vehicles washing shall be limited to the wash rack area only; 5) all hazardous waste materials including oil drum storage, gas tanks and paint related shall be properly disposed of and manifests be maintained at the site to document proper disposal; 6) the applicant shall remove the waste oil drum storage area away from the storm sewer inlet within 20 days from the date of this public hearing; 7) the parking lot shall be striped (marked by durable painted lines) consistent with specifications provided by the City code and subject to the final approval of the City Traffic Engineer within 90 days from the date of this public hearing; 8) there shall be no repairs including major repairs involving transmission dismantling, painting, fender, muffler or body work; 9) the applicant shall meet all supplementary conditions for vehicle service and auto detailing in accordance with Section 41.053(30) of the City Land Development Code; 10) approval shall be for a six (6) month trial period at the end of which the applicant shall be re-evaluated for compliance with code enforcement; and 11) a landscape buffer in the grass area on the east side of the property shall be installed and maintained according to City code. The motion was duly seconded and upon the vote being taken, Chairman Merriam, Ms. Nixon, Ms. Martin, and Mr. Baron voted "aye"; Mr. Keyes voted "nay". The motion carried (4-1). Following the motion, it was stressed to the applicant that he should immediately evict the other businesses and board approval is for the car detailing business only. The meeting recessed at 3:10 p.m., reconvening at 3:23 p.m. The following conditional use requests were considered: C1. Michael & Patricia Vlamakis (Skycrest Auto Sales) to permit outdoor retail sales, displays and/or storage for vehicle sales at 2010 Drew St., Skycrest Terrace, Blk C, Lots 5 & 6, zoned CG (General Commercial) CU 95-18 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He described the premise as a farmer's market, in business at the location since 1990. He cited storage of disabled vehicles at the site and the concern of the City Traffic Engineering Department. The applicant, Michael Vlamakis, 2969 Shannon Circle, Clearwater, reported he has been operating the Shell gas station at the corner of Drew and Hercules for the past six years. He purchased the subject property in 1990 to expand his Shell business and indicated his plan to jointly lease the property as a farmer's market and automobile sales. The Chairman questioned the number of parking spaces and access to the proposed display area. Mr. Shuford suggested an amendment to condition 4) to include "parking spaces, vehicular access ways and drive aisles"; and that a six-month trial period; and a limitation on the hours of operation of the business be included as conditions. Speaking in opposition to the application, Robert Cannons, 209 Patricia Avenue, Clearwater complained about the sight of vehicles without engines or hoods, automobile repair and the spraying of paint. He objected to use of the property for Shell station overflow business and the parking of cars on the grass, sidewalk and in front of his house. He presented a petition in opposition signed by neighbors, said rezoning would only exacerbate the problem and opined the farmer's market and automobile businesses were incompatible. Mr. Keyes made a motion to continue this item until the March 28, 1995 meeting to enable the applicant to work on issues that have been raised. The motion was duly seconded and upon the vote being taken, Chairman Merriam, Ms. Nixon, Mr. Keyes, and Mr. Baron voted "aye"; Mr. Carassas voted "nay". The motion carried (4-1). C2. AAJR Enterprises, Inc/MacArthur Boykins (Macca Bee's) to permit (1) nightclubs, taverns & bars and (2) package alcoholic beverage sales (change of business ownership) at 1045 N. Greenwood Ave., Sec 10-29-15, M&B 24.01, zoned CNG (North Greenwood Commercial). CU 95-15 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He described the existing 4COPSR State alcoholic beverage license and the long history of lounge-type uses of the subject property. Mr. Shuford explained the applicant has shared with staff some of his redevelopment plans and relayed his genuine commitment to Clearwater and the North Greenwood area. It was noted that, although the North Greenwood community has indicated a desire not to have additional alcoholic beverage establishments in the area, the subject request is a continuation of a license that has existed at the premise for some time. Speaking for the applicant, Mark Marquardt gave brief background information relative to the owner and operator of the proposed business, MacArthur Boykins, whom he claimed to have known for many years. He relayed the significant investment by the applicant and his efforts to attract professional and business clientele to revitalize the area. Although the applicant lacks experience in the field, Mr. Marquardt reported Mr. Boykins has spent the last six months in intense study to learn the business, develop a business plan and, if approved, would be the resident manager. The applicant, MacArthur Boykins, 1145 Tangerine Street, Clearwater, briefly described his plans to aesthetically improve the property. He added that he wished to share with the North Greenwood area his extensive 23-year business experience; he will rely on professionals and employ people experienced with this type of business. Mr. Boykins said the proposed business will be conducive to "the social fabric of the neighborhood", reinforced his commitment to the area and cited the lack of an upscale restaurant where African-American business and professional people can meet and network. He indicated his intention to work with Clearwater police to make the operation successful. Speaking in support, Isay Gulley, 1246 Elder Street, Clearwater, Director of Clearwater Neighborhood Housing Services, spoke as an employer and resident of the community. She said Mr. Boykins is known to her, and has worked with her staff. She praised his plan to address economic development, housing and employment opportunities in the community. Rev. William Graham, 1564 Scott Street, Clearwater, spoke as president of the Upper Pinellas County Ministerial Alliance, representing 12 churches with 3,000 members. He indicated the group's support of the applicant's plan and described it as an asset to the community. Bernard Dixon, 1841 North Highland Avenue, Clearwater, spoke in behalf of the Clearwater Merchants' Association, and cited the entrepreneurial activities of the Boykins family over the past 75 years. His described the applicant as a role model and said his plans and ideas would revitalize the North Greenwood area and create new jobs. The board agreed the proposed new business appeared to be an asset to the North Greenwood area, and a motion was made by Ms. Nixon to approved the request, subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this public hearing; 2) there shall be no outside entertainment, seating or speakers; 3) the applicant shall obtain the necessary building permit for the proposed interior remodeling work within six months from the date of this public hearing; 4) the applicant shall replace the broken chain link fence at the rear of the property with a solid wood fence within 60 days from the date of this public hearing; 5) the parking lot shall be restriped and a parking space provided for the handicapped; and 6) package sales of alcoholic beverages shall be prohibited after 12:00 midnight. 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. 1748 Ragland Avenue, Clearwater Manor Sub, Lot 53 & abutting right-of-way of Ragland Ave. (Doris K. Downin). A 94-29; LUP 94-35 LUP: Residential Low ZONE: RS 8 (Single Family Residential) Mr. Shuford gave the background of the items D1 and D2 and presented, in writing, the staff recommendations. Mr. Carassas made motion to recommend endorsement of item D1 to the City Commission. The motion was duly seconded and carried unanimously. D2. 1701 St. Croix Drive, Virginia Groves Terrace 5th Addition, Blk D, Lot 1, (George Nenadovich). A 94-30; LUP 94-36 LUP: Residential Low ZONE: RS 8 (Single Family Residential) Mr. Carassas made motion to recommend endorsement of item D2 to the City Commission. The motion was duly seconded and carried unanimously. D3. 2000 Calumet Street, Clearwater Industrial Park, Lot 8. (Salvage Properties). A 95-01; LUP 95-01 LUP: Industrial Limited ZONE: IPD (Industrial Planned Development) Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated site development and an agreement addressing environmental impact of this use remained to be done, and staff recommends continuance. Mr. Keyes made a motion to continue item D3 to a date uncertain. The motion was duly seconded and carried unanimously. D4. (cont. from 1/24/95) Ordinance No. 5766-95 of the City of Clearwater, Florida, relating to the Land Development Code; amending Sections 36.033, 36.066, 36.083, 37.21, 40.674, 43.03, 43.04, 43.21 through 54.23 and 54.53, Code of Ordinances, to delete the requirement for receipt and referral of annexations, subdivision plats, site plans, zoning atlas amendments and Comprehensive Land Use Plan amendments; to provide for variance approval by the Planning and Zoning Board; to require the posting of properties which are the subject of proposed site plans and subdivision plats; to authorize the Development Code Administrator to certify site plans and subdivision plats; to authorize the City Manager to determine whether to require the conveyance of land or payment of cash, or a combination thereof, to satisfy the recreation land impact fee and open space impact fee; providing an effective date. Mr. Shuford gave the background of the proposed ordinance and presented, in writing, the staff recommendations. He indicated the board's previous comments relative to addressing site plan standards have been incorporated into the ordinance and particularly noted the specific requirements on p 6. He reiterated the purpose of the ordinance is to streamline the site plan review process. Mr. Shuford said the Development Code Adjustment Board's (DCAB) recommended endorsement and he relayed the concerns expressed by DCAB members at the March 9, 1995 meeting. Mr. Shuford noted the City Commission did not establish a specific acreage for site plans/plats; staff recommended continuing the 25-acre cutoff point; the board agreed. It was suggested that more suitable decisions could be made by P&Z if requests such as alcoholic beverage and ACLF uses were considered at the same time. It was questioned how input from Development Code Adjustment Board could be obtained, and the need for both boards to work homogeneously was stressed. Although the ordinance addresses conditional uses and variance requests, it was repeated that its primary concern is simplification of the site plan review process; Mr. Shuford noted the current, time-consuming methods of preliminary and final site plan reviews would be combined to effect a more expedient process. The Chairman said, in his opinion, the proposed ordinance was a very good idea and would ameliorate the work of the P&Z and DCAB advisory boards. A motion was made by Mr. Carassas to recommend endorsement of proposed ordinance 5766-95 to the City Commission with the following comments: 1) a 25-acre cap as the size limitation for receipt and referral; and 2) the wording of Sec. 36.033 (5) (h) be changed to read: Evaluate and render a decision on applications for variances associated with conditional use permits. The motion was duly seconded and carried unanimously. D5. Ordinance No. 5792-95 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 42.26(6)(a), Code of Ordinances, to provide for fences in waterfront setbacks up to 36 inches in height in single family zoning districts only; providing an effective date. Mr. Shuford gave the background of the proposed ordinance and presented, in writing, the staff recommendations. He said the DCAB endorsed the proposed ordinance and relayed the comments expressed at its March 9, 1995 meeting. The P&Z board members did not object to chain link fence, mentioning the dark green type which is practically invisible; they agreed that the fences should not be constructed on the top (or cap) of the sea wall. A brief discussion involved the use of landscaping and hedges, and that a perpendicular fence crossing the sea wall at the property line to contain pets and children be allowed. A motion was made by Ms. Nixon to recommend endorsement of proposed ordinance 5792-95 to the City Commission with the following comments: 1) non-opaque fencing will include chain link fence; and 2) fence that extends perpendicular over the sea wall at the side property line shall be allowed. The motion was duly seconded and carried unanimously. The following Chairman's items were considered: Two versions, A and B, of the proposed Rules and Regulations were presented by Mr. Shuford for the board's consideration. City Attorney Pam Akin's memorandum dated March 9, 1995 was noted and, following a brief discussion relative to Article IV, Sec. 6 (e) Reconsideration, a motion was made by Mr. Keyes to accept the version B of the Rules and Regulations. The motion was duly seconded and carried unanimously. The following are Board and Staff comments: Whether adequate parking is available at the marina were for customers of Suncoast Cruises, aka Kailani, (CU 95-12), which was approved at the February 28, 1995 meeting, and the availability of parking for employees was questioned. Responding to a question from the board, Mr. Shuford said he has new site lighting performance- oriented information. Mention was made of site lighting installed after approval of the use and the installation of a blinding, high-intensity light by the Circle K at the corner of Duncan Street and Gulf-to-Bay Boulevard was particularly challenged. Mr. Shuford opined such installations would be grandfathered, unless they are a safety problem. There being no further business, by motion duly seconded, the meeting adjourned at 5:00 p.m. _________________________________ Scott Shuford, Chairman Director, Central Permitting