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03/28/1995 MINUTES PLANNING AND ZONING BOARD March 28, 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 Edward Mazur Robert D. Bickerstaffe Member absent: Bernie Baron Also Present: Scott Shuford, Director, Central Permitting Sally Demarest, Board Reporter, City Clerk Department The meeting was called to order by the Chair at 2:00 p.m. in the Commission Chambers of City Hall. Mr. Keyes 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 March 14, 1995 meeting were approved as submitted. The following requests for extension, deferred and continued items were considered: B-1A. (cont. from 2/14/95, 2/28/95 and 3/14/95) 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 B-1B. (cont. from 2/14/95, 2/28/95 and 3/14/95) 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) Agenda items B-1A and B-1B were discussed as a single item. Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated the application is a request for change of zoning and a conditional use permit; however, staff is addressing the request as a Residential Planned Development rezoning request to allow the hospital to build a six foot high wall in the street setback area to buffer the surrounding properties from the activities of the proposed parking lot. Mr. Shuford added the proposed wall will add a "finality" to the expansion of hospital parking into the neighborhood. Richard H. Katzeff, CEO of Clearwater Community Hospital, 1521 East Druid Road, Clearwater, presented the update on Phase II parking and indicated a second letter of support had been received from Mrs. Gloria Moore, a Jasmine Way resident. Two meetings with neighbors solicited input by the hospital, and Mr. Katzeff presented changes which he said will satisfy both the hospital and the neighbors. A layout of Phase I, the north part of the parking lot, Phase II to the south and the gated entrance area was presented and discussed. When Mr. Katzeff said a hospital employee will open the gate at 6:30 a.m. and close the gate at midnight, the board objected, contending the hospital had agreed to install a card-activated gate. James Shawen, Harvard Jolley Architects, 2714 9th Street North, St. Petersburg, presented the architectural features of the Phase II parking and said the adjoining property owners preferred the six foot high solid masonry wall with five foot splay every 50 feet as proposed. In the ensuing discussion, it was noted the original concept of a carded gate was scrapped because employee turnover and a controlled time frame made it easier for the hospital representative to physically open and close the gate. Concern was expressed with trespassing visitors and other potential problems, and it was noted both letters of support refer to a card gate; Mr. Katzeff offered to rethink the process. A sign to specifically designate the area as employee parking was suggested. Mr. Katzeff said the new parking lot will solve much of the overflow parking problems now experienced on Jasmine Way. There were no persons to speak in support of the application. Speaking in opposition, the main concerns of John Tassinari, 715 Glenwood Avenue South, Clearwater, were the traffic problems and congestion which he believed would be exacerbated by the proposed additional parking. He objected to the large trucks that impede the flow of traffic and asked the board to postpone its decision for a year. Mr. Tassinari was questioned as to the relevancy of the flow of traffic on City streets to the proposed additional parking; Mr. Keyes said he could not understand how guaranteeing 30 additional parking spaces for employees would have any impact traffic. Bridget Tassinari, wife of John Tassinari, 715 Glenwood Avenue South, Clearwater, supported his contentions and said there should be a two-way exit to relieve traffic on Druid Road. The two persons who wrote letters of support were present. Rosemary Meredith, 1563 Jasmine Way, Clearwater, said she would be most comfortable with a card-activated gate as stated in her letter of support. The possibility that traffic would more severely congest with a card-activated gate was suggested. In the ensuing discussion, Mr. Katzeff offered that card access would be installed in the gate, and a guard present at 6:30 a.m. to 7:00 a.m. It was the consensus of the board that the applicant work with staff to resolve this area of concern. A motion was made by Ms. Nixon to recommend endorsement of the proposed rezoning to the City Commission, and to approve the conditional use request subject to the conditions of staff. A brief discussion ensued and it was agreed that the conditions stated in the motion include the additional suggestions of the board and read as follows: 1) Permitted use shall be limited to non-commercial parking; 2) prior to issuance of a building permit, approval by the City Manager for not installing a sidewalk along the north side of Jasmine Way; 3) applicant to file application to rezone Lots 1 through 6 and adjacent vacated right-of-way on the west to Residential Planned Development incorporating the whole parking lot into a single RPD with a single approved site plan prior to issuance of building permit for Phase II of the parking lot; 4) prior to issuance of a building permit, approval of the City Engineer to use part of the right-of-way along Jasmine Way for landscaping in front of the wall; 5) applicant to show the Jacaranda tree on the site plan prior to second reading;; 7) parking lot luminaries shall not exceed 12' in height and shall be directed downward with 90o cutoff features and away from residential areas; 8) hours of parking lot use shall be restricted to 6:30 a.m. until midnight daily; and 9) the parking lot facility shall be used for hospital employees only. The motion was duly seconded and carried unanimously. It was agreed that the applicant was a good community neighbor and would continue to work with the adjoining property owners and staff to resolve any problems. B-2. (cont. from 3/14/95) 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 indicated staff has been working with the applicant, and the applicant has requested a continuance to the April 18, 1995 meeting in order to resolve remaining details. A motion was made by Mr. Carassas to continue this item to April 18, 1995. The motion was duly seconded and carried unanimously. The following Conditional Uses were considered: C-1. Steven A. Simotes (Dell Chandler Enterprises, Inc.) to permit outdoor retail sales, displays and /or storage of vehicles at 1715 Coachman Plaza Dr., Sec. 05-29-16, M&B 33.05, zoned CH (Highway Commercial). CU 95-20 Mr. Shuford indicated that the applicant has withdrawn the application. C-2. William O. Nunamaker, Tre (Robert P. Alex, Silversmiths) to permit outdoor retail sales, displays and/or storage at 625 C Pinellas St., Milton Park, Blk 17, Lots 1-4, 12-14, H. E. Tooke's Sub, Blk 2 Lot 2 and vacated alley and street, zoned IL (Limited Industrial). CU 95-21 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He said the Community Response Team discovered the applicant has been displaying items outdoors for several years without an occupational license, and noted the subject display is small and limited in nature. The applicant, Robert Alex, 625-C Pinellas Street, Clearwater, said he was recently cited by Community Response Team for his display of items for sale which has existed at this location for eight years. It was agreed that the size and type of display was appropriate for the location, and a motion was made by Mr. Carassas to approve 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) the items to be displayed shall not interfere with pedestrian or vehicular traffic; and 3) the applicant shall secure the items so that windy weather does not blow them around. The motion was duly seconded and carried unanimously. C-3. Joseph W. McGoldrick/Racetrac Petroleum, Inc. (Racetrac Gasoline Station) to permit package sales of beer and wine (new license) at 2854 Gulf to Bay Blvd., Sec. 17-29-16, part of M&B 13.09, zoned CG (General Commercial). CU-95-22 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated the applicant worked closely with staff to retain the trees in front. An added condition to address site lighting was suggested. It was specifically noted that huge lights have been installed by several similar gas station-type businesses on Gulf-to-Bay in a possible effort to attract business while circumventing the requirements of the sign ordinance. Mr. Shuford mentioned the new site lighting ordinance, now in the receipt and referral process, and suggested that, in the interim, condition 2) below could be used to address this problem. Speaking for the applicant, Darrell Holliday, 1809 Princeton Lakes Drive, Brandon, said the new station would be an improvement to the area and benefit the community. There was a brief discussion relative to the sale of alcoholic beverage singles and gasoline being sold at the same establishment. Mr. Holliday agreed with the concept, but said in reality singles and gas are legal for sale at the same location. He added sales of this type are monitored as closely as possible, there are no ice barrels of singles, and customers 30 years of age are identified, screened and carded. He said prohibition of singles sales would not preclude drivers from buying a six-pack to drink in their cars. There were no persons or documents in support of or opposition to the application. It was agreed that business would be generated by passers-by and there would be little impact on Gulf-to-Bay Boulevard vehicular traffic. Mr. Shuford noted each year the City's legislative package includes a request for increased local control over the sale of alcoholic beverages. A motion was made by Mr. Keyes to approve the request subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within twelve months from the date of this public hearing; 2) parking lot luminaries shall be directed downward with 90 degree cutoff features and away from residential areas and away from adjoining streets. The absence of identifying property numbers was mentioned as a cause of traffic problems. The motion was duly seconded and upon the vote being take, Chairman Merriam, Ms. Nixon, Mr. Bickerstaffe, Mr. Keyes and Mr.. Carassas voted "aye"; Mr. Mazur voted "nay". Motion carried. C-4. Alpha Beach Resort, Inc./Quality Inn (Parasailing Over Clearwater) to permit (1) outdoor commercial recreation/entertainment and (2) parasailing charter boat at 655 S. Gulfview Blvd., Bayside Sub. No. 5, Blk C, Lots 8-11 and riparian rights, zoned CR 28 (Resort Commercial). CU-95-23 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He said the business is relocating to the Quality Inn from the Clearwater Beach Hilton, the harbormaster has no problems with the request, and staff recommends approval. Attorney James Sheehan, 341 3rd Street South, St. Petersburg, said the applicant has been in the watercraft business for 16 years, has chartered parasailing for four years, and all necessary documentation has been provided. A comment was made to restrict parasailing activities to areas outside the channel; the applicant, David A. Hunt, 8832 108th Street North, Seminole, said there would be no objection to the provision. Attorney David Foster, 555 4th Street North, St. Petersburg, representing the owners of the neighboring Econolodge, was assured that "outdoor commercial and entertainment" as stated on the application was limited to parasailing and said he then had no objection. A motion was made by Mr. Bickerstaffe to approve the request subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) hours of operation shall be limited to the period from Sunrise to Sunset; 3) the applicant shall obtain from the City and County all the applicable licenses within six months from the date of this public hearing; 4) the boat service shall be limited to six persons and all cruises shall be accompanied by a USCG licensed captain; 5) no fuel storage facility or sanitary pump-out station holding tank shall be located over Florida waters; 6) the applicant shall provide evidence to the public works department of sufficient and acceptable wastewater treatment to serve the vessel; 7) all safety devices shall be provided in accordance with USCG regulation; 8) the applicant shall provide the required additional one parking space or otherwise seek a parking variance; and 9) there shall be no parasailing within the channel; and parasailing activity shall not begin until the operators are out of the channel. The motion was duly seconded and carried unanimously. There were no annexation, zoning, Land Use plan Amendment, Land Development Code text amendment, and local planning agency review on the agenda for consideration. The following are Chairman's items: Chairman Merriam said it would appear more professional if the members and staff addressed each other and speakers by their surnames; the board agreed. The following are Director's items: Mr. Shuford suggested a work session to discuss alcoholic beverage regulations and other issues that are frequently addressed by the board. It was agreed that the meeting would be held in the Central Permitting conference room, last about two hours and perhaps include a tour of the area. Thursday, April 13, 1995 at 3:00 p.m. was selected as the date and time of the work session. A Citizen to be Heard will be scheduled to appear as the first agenda item. The Advisory Board Dinner to be held on April 4, 1995 at Ruth Eckerd Hall was mentioned. A list of Central Permitting's standard conditions will be discussed by staff at the work session. Mr. Shuford noted the finalized version of the approved Rules and Regulations which will be distributed following signing by all board members. There was a brief discussion of the Lakeview rezoning and Mr. Shuford indicated that a memorandum to clarify the intentions of the board in this regard has been sent to the City Commission. There being no further business, by motion duly seconded, the meeting adjourned at 3:53 p.m. _________________________________ Scott Shuford Director, Central Permitting