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04/18/1995 MINUTES PLANNING AND ZONING BOARD April 18, 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 Robert D. Bickerstaffe Member absent: Edward Mazur Also Present: Scott Shuford, Director, Central Permitting Alan J. Ferri, Director, Economic Development Johnnie Crawford, Enterprise Zone Coordinator 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. 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 March 28, 1995 meeting were approved with two minor corrections. The following requests for extension, deferred and continued items were considered: B1. (cont from 03/14/95 & 03/28/95) 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 this item was continued at the request of the applicants in order to resolve remaining site details relating to access ways to the proposed display areas and drive aisles. Mr. Shuford said the applicant did not wish to change the site plan to address specific staff concerns and felt that the existing site plan would be satisfactory to meet his needs. The close proximity of the subject site to a residential area was mentioned. It was noted that, based upon the information included in the application, the site plan meeting held with the applicants, and several site visits, staff recommended denial of the conditional use request. Staff felt that the automobile sales and the produce sales will create a condition that is too intensive to be accommodated on one lot. The previous use of the proposed auto sales portion of the lot was produce retail sales. To intensify the lot further will lead to poor and potentially unsafe traffic conditions, poor internal traffic circulation within the lot and a cluttered visual appearance of the site in relationship to the nearby residential area. The applicant, Michael Vlamakis, 2969 Shannon Circle, Clearwater, distributed "before and after" photographs to show how the area has improved. He said the span at both entrances and exits will be kept clear and indicated an excess of parking, front and rear. He said deliveries are made at about 4:00 a.m., twice a week, and vehicles are driven to the site. There will be a maximum of 13 cars on display, with a limit of three vehicles directly in front. There were no persons or documents in support of or opposition to the application. Ms. Nixon opined that the use was too intense, and the property too small to accommodate the requested use and she expressed concern that the use would create a dangerous traffic situation and possible future accidents. Cleanup efforts were questioned. In the ensuing discussion, it was noted that the applicant has indicated a willingness to comply with all of staff's suggested conditions, and staff's conditions included a six-month trial period. A motion was made by Mr. Bickerstaffe to approve the request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of 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); 3) the parking lot shall be restriped and the broken areas repaved within 60 days from the date of this public hearing; 4) no vehicles shall be displayed for sales within any required open space, parking spaces, vehicular access ways, drive aisles or street rights-of-way; 5) the perimeter landscaping requirements of Section 42.27 shall be met along Patricia Avenue prior to the issuance of a Certificate of Occupancy; 6) the broken wood fence along the north property line of the subject property shall be replaced within 60 days from the date of this public hearing; 7) all disabled vehicles and boats parked at the site shall be removed prior to the issuance of an occupational license and such vehicles and boats shall not be permitted on the site; 8) approval shall be for a six month trial period, after which the application shall be reviewed for compliance with the established conditions of approval; 9) hours of operation shall be limited to 9:00 a.m. to 5:00 p.m. Monday through Friday, and from 10:00 a.m. to 1:00 p.m. on Saturday; and 10) any parking lot lighting shall be equipped with a 90 degree cutoff mechanism, with the light being directed downward and away from the nearby residential area and streets; and 11) no more than thirteen vehicles shall be displayed at any one time and the site plan shall be revised to reflect the revised display area prior to issuance of an occupational license. The motion was duly seconded and upon the vote being taken, Chairman Merriam, Mr. Bickerstaffe, Mr. Keyes, Mr. Carassas and Mr. Baron voted "aye"; Ms. Nixon voted "nay". Motion carried (5-1). B2. Request for Extension: Chris & Vivian Carassas (Clearwater Market, Inc.) to permit alcoholic beverage sales and package sales at 1383-1385 Gulf to Bay Blvd., Overbrook Subdivision, Block A, Lots 1 thru 3, 20 & 21, zoned CG (General Commercial). CU 94-24 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated the applicant has requested an extension of one year to allow time to complete necessary financial and development arrangements. Mr. Carassas excused himself from discussion and voting on this item. Ms. Nixon made a motion to extend the present continuance for a period of one year. The motion was duly seconded and carried 5-0. Mr. Carassas abstained. The following Conditional Use requests were considered: C1. Weaver Enterprises, Inc. (Dance City of Clearwater, Inc.) to permit indoor commercial recreation (dance studio) at 1065 N. Hercules Ave, Sec 12-29-15, M&B 13.14, zoned IL (Limited Industrial). CU 95-24 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated the City Commission has adopted a code amendment for Limited Industrial (IL) district which would allow the subject use as a limited use. He said there are neither parking problems nor concern relative to the loss of industrial property. Speaking for the applicant, Weaver Enterprises, Inc., property manager, Steve Toutant, 2050 Weaver Park Drive, Clearwater, said the applicant is a present tenant who is requesting larger rental space in the same road frontage on Hercules Avenue to better suit the needs of his growing business. There were no persons or documents in support of or opposition to the application. 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 six months from the date of this public hearing; 2) there shall be no outdoor entertainment or outdoor speakers; and 3) all dancing instructions and practices shall be conducted indoors. The motion was duly seconded and carried unanimously. C2. Thomas L. & Sue A. Lanning (Lannings Green Gables) to permit a bed and breakfast inn at 1040 Sunset Point Rd., Sunset Point & Replat, Lot 12 and part of Lot 13 and South to center line of creek, less street, Sunnydale Subdivision, part of Lot 5, zoned RM 12 (Residential Multi-Family) and P (Preservation). CU 95-25 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated the request is to allow a bed and breakfast use at an existing residential structure that was built in 1910. The applicants have indicated the bed and breakfast inn will operate by reservation only. Adequate parking is available. The proximity of the subject property to Stevenson's Creek, Clearwater Bay and the Pinellas Trail was noted. The applicant intends to utilize the principal structure for the proposed use for approximately three months of the year. Mr. Shuford noted a letter of support received from Russell Rodgers, an interested citizen. A staff condition suggesting that a maximum number of persons (6) be allowed to occupy the premise was questioned. The applicant, Sue Lanning, 1040 Sunset Point Road, Clearwater, described the premise and distributed pictures of the proposed bed and breakfast inn. She explained the "before and after" photographs. She indicated, if approval were granted, additional enhancements will make the inn even more appealing . She offered a statement signed by five neighbors in support. In the ensuing discussion there was general agreement that the suggested restriction for a maximum capacity of six people be deleted. The need for good management in the operation of uses of this type was noted, and Mr. Shuford indicated staff will look at applications carefully to ensure that the use not degenerate into a high density "boarding house" situation. It was suggested that a condition to address change of ownership be considered in future applications. A motion was made by Mr. Keyes 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) the bed and breakfast use shall be limited to three bed rooms in the principal structure; 3) not more than 50 percent of the gross floor area of the principal structure shall be utilized for the bed and breakfast use; and 4) the applicants shall comply with all supplementary conditions for the bed and breakfast use in accordance with Section 41.053 (1.2). The motion was duly seconded and carried unanimously. C3. Highland Properties of Gulfcoast, Ltd. (Videotron) to permit outdoor retail sales, displays and/or storage at 18940 U.S. 19, Sec 19-29-16, M&B 41.05, zoned CH (Highway Commercial). CU 95-26 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated the request was for outdoor storage only in a limited area behind the main building as indicated on the site plan. It was noted that the applicant utilized an original preliminary site plan to illustrate the proposed limited area as a cost conservation effort. Ed McGinnis, 10389 Chadborn Drive, Tampa, described the project in detail and offered to distribute photographs, if needed. He said there will be no additional signage or lighting. Robert Stark, Videotron project engineer, 310 Cedar Lane, Largo, offered to answer questions of the board; there were none. 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 applicant shall comply with all supplementary conditions for outdoor retail sales, displays and/or storage in accordance with Section 41.053 (23); 3) the applicant shall obtain the requisite building permit within three months from the date of this public hearing; and 4) the applicant shall install an opaque fence enclosure around the subject storage area within six months of the date of this public hearing. The motion was duly seconded and carried unanimously. C4. Gilbert R. & Cora A. Clark (Brian Rubner's International Taekwon-Do Center Bay Area Karate, Inc) to permit indoor commercial recreation (karate studio) at 1710 N. Hercules Ave., Sec 01-29-15, M&B 34.36, zoned IL (Limited Industrial). CU 95-27 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated staff considers the use appropriate for the area. Speaking for the applicant, property owner Cora Clark, 2412 Hampton Lane, Safety Harbor, described the premise and said the use would fit perfectly in the proposed location, adjacent to a restaurant and gym. She relayed the tenant would be moving from his current Belcher Road location. There were no persons or documents in support of or opposition to the application. A motion was made by Mr. Carassas 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; and 2) all instructional areas shall be located within the enclosed building and all classes shall be conducted indoors. The motion was duly seconded and carried unanimously. C5. Pace Tech, Inc./Mary J. & Ilhan M. Bilgutay to permit non-commercial parking at 601-611 N. Garden Ave., Bidwell's Oak Wood Addition, Lots 31-35 and part of Lot 36, zoned RM 8 (Residential Multi Family). CU 95-28 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He noted revisions to the original application and map, and explained that the need for parking was created by the growth and expansion plans (including associated stormwater retention ponds and landscaping) of the applicant's business, the manufacture of heart monitors. The area is in the Clearwater Enterprise Zone, an area which had been targeted by staff for multi-family and high tech manufacturing. There was a brief discussion relative to the location of the property. Speaking for the applicant, Alex J. Panik, project engineer, 34068 US Highway 19 North, Clearwater, indicated the proposed parking is required due to the rapid growth of the applicant's business. Considerable concern was expressed for the levelling of trees on the property, and it was suggested that several mature trees could be saved if the detention pond were moved between lots 33 and 34, and the parking lot moved. The addition of smaller trees along the perimeter was noted. In the ensuing discussion the need for internal landscaping and the saving of mature trees was emphasized. The applicant indicated meetings with Environmental determined that the condition of the mature trees was questionable. Mr. Shuford suggested that the landscape plan be re-reviewed by City staff, and that staff address the board on these issues at a future meeting; there was general agreement. Nancy Hansen, 1619 San Mateo Drive, Dunedin, represented Clearwater Neighborhood Housing Services (CNHS), whose mission is housing and economic revitalization of the community. She said CNHS recommends saving as many mature trees as possible without sacrificing expansion plans. There were no persons or documents in support of or opposition to the application. A motion was made by Mr. Bickerstaffe to approve the request subject to the following conditions: 1) The applicant shall obtain the requisite building permit within six months from the date of the certification of the site plan; 2) parking lot luminaries shall not exceed 12' in height shall be shielded with 90 degree cutoff mechanisms, and shall be directed downward and away from residential areas and streets; 3) the parking facility shall be used for Pace Tech employees only; 4) a Unity of Title shall be recorded tying the subject property with the existing Pace Tech property prior to the issuance of a building permit; 5) the applicant shall submit copies of the required landscape plan to the City Environmental Management Group for final approval; 6) a six foot tall opaque fence or wall shall be installed along the entire north property line to buffer adjoining immediate residential property north of the parking lot; 7) prior to issuance of a building permit, a clearing and grubbing permit and a tree removal permit (or a no tree verification form) are required; and 8) prior to the issuance of a building permit, a copy of the approved SWFWMD permit shall be provided to Engineering Site Plan Review; and 9) prior to issuance of a clearing and grubbing or tree removal permit, the applicant shall re-review the landscaping plan with City staff to determine if additional trees can be saved. 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 were considered: D1. Resolution 95-38 of the City of Clearwater, Florida, adopting the Enterprise Zone Strategic Plan; providing an effective date. Pursuant to Section 290.0057, Florida Statues, Florida Enterprise Zone Act of 1994 the Economic Development Department is submitting the Enterprise Zone Strategic Plan to the City of Clearwater Planning and Zoning Board for approval upon determination of conformity with the Comprehensive Plan for development of the City of Clearwater. Mr. Shuford gave the background of the proposed Resolution and introduced Alan J. Ferri, Director of Economic Development. In his presentation, Mr. Ferri described the Florida Enterprise Zone Program as a state and local partnership emphasizing a creative coalition of state and local government, business and community organizations to encourage growth in those areas of the community with the highest concentration of substandard housing, commercial vacancy, unemployment, crime and poverty income level. He distributed literature including map, tax incentives, a benefits totals summary and guidelines for inclusion in the strategic plan. Mr. Ferri offered statistical data on costs and matching State funding. There was considerable enthusiasm. Mr. Shuford said Clearwater is one of six eligible communities in this population class, and will offer a very competitive application package. Mr. Ferri confirmed that strategic plan adoption offers many more resources than competitors may be able to offer, i.e., community police protection and sub-stations in every enterprise area. Ad valorem taxes and tax benefits were discussed. It was suggested that the west side of Fort Harrison Street be considered for revitalization if the City were to receive the award. Speaking in support, Nancy Hansen, representing Clearwater Neighborhood Housing Services (CNHS), 608 North Garden Avenue, Clearwater, said her agency has notified City Manager Betty Deptula by letter to indicate its support of the Enterprise Zone Program. She indicated CNHS represents both North and South Greenwood in the areas of housing and redevelopment, has been involved in this effort from its inception and feels it would be most beneficial for the City. A motion was made by Ms. Nixon to recommend endorsement of proposed Resolution 95-38 to the City Commission to adopt the Enterprise Zone Strategic Plan and authorize the Chairman to sign a letter of endorsement. The motion was duly seconded and carried unanimously. It was noted by the Chairman that the last line on p 1 of the draft is repeated at the top of p 2; staff will correct this. D2. 511 Dora Drive, Rolling Heights, Lot 19 (Gale Haglund); A 95-02; LUP 95-02 LUP: Residential Low ZONE: RS-6 (Single Family Residential) Mr. Shuford indicated this is a single family annexation, and staff recommends endorsement to the City Commission. A motion was made by Mr. Carassas to recommend endorsement to the City Commission of agenda item D-2. The motion was duly seconded and carried unanimously. D3. 2020 Calumet Avenue, Clearwater Industrial Park, part of Lot 9 (Reva C. Kent, Trustee of Marshall K. Kent Living Trust); A 95-03; LUP 95-03 LUP: Industrial Limited ZONE: IL (Limited Industrial) Mr. Shuford indicated this is a non-residential annexation, and staff recommends endorsement to the City Commission. A concerned citizen was present but did not speak. Representing the applicant, Rodney Stoelting said the request was for a sewer extension and offered to answer questions; there were none. A motion was made by Ms. Nixon to recommend endorsement to the City Commission of agenda item D-3 and apply IL (Limited Industrial) zoning classification. The motion was duly seconded and carried unanimously. D4. 1513 Laurel Drive, Nob Hill, Lot 3 (Thomas V. Lugo); A 95-04; LUP 95-04 LUP: Residential Low ZONE: RS-8 (Single Family Residential) Mr. Shuford indicated this is a single family annexation, and staff recommends endorsement to the City Commission. A motion was made by Ms. Nixon to recommend endorsement to the City Commission of agenda item D-4. The motion was duly seconded and carried unanimously. D5. Ordinance No. 5806-95 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 35.11, Code of Ordinances, to establish a definition for adult day care; amending Sections 40.284, 40.304, 40.324, 40.423, 40.433, 40.443, 40.463, 40.473, 40.484, 40.504, 40.524, and 40.544, Code of Ordinances, to establish adult day care as a permitted or conditional use in various zoning districts; amending Section 41.053, Code of Ordinances, to establish Conditional Use Permit Supplementary Standards of Approval for Adult Day Care Uses; amending Section 42.34, Code of Ordinances, to establish parking requirements for adult and child day care uses, providing an effective date. Mr. Shuford indicated that an application for an adult day care facility revealed the code lacked provision for this use. He explained the proposed ordinance would allow adult day care as a conditional use in most zoning districts, as a permitted use in limited districts, and staff recommends endorsement to the City Commission. Two corrections to the ordinance were suggested, i.e., Section 3, Sec. 41.053, para (1) Adult day care centers may be allowed (rather than permitted); and reference to "infill commercial" be stricken from the same paragraph. A motion was made by Ms. Nixon to recommend endorsement to the City Commission of agenda item D-5 with corrections. The motion was duly seconded and carried unanimously. At 4:00 p.m., Mr. Bickerstaffe left the meeting. D6. Ordinance No. 5807-95 of the City of Clearwater, Florida relating to the Land Development Code; amending Section 41.053, Code of Ordinances, to clarify that conditional uses are "allowed" rather than "permitted"; to specify that all conditions of approval must be met in granting a conditional use permit; providing an effective date. Mr. Shuford explained the proposed ordinance is an effort to clarify the code wherein the word "permitted" is sometimes used to indicate "allowed". The board agreed this action was much needed and a motion was made by Mr. Carassas to recommend endorsement of item D-6 to the City Commission. The motion was duly seconded and carried unanimously. There were no Chairman's items for discussion. The following Director's item was discussed: It was mentioned by Mr. Shuford that the courts have upheld the City's contention that properties be required to annex before obtaining City sewer service. He said the City attempts to tailor its services to individual needs, but referenced the "menu type" approach of some citizens in selecting the City services they want. Mr. Shuford thanked the board for its participation in the work session at Central Permitting offices on April 13, 1995. Following are Board and Staff comments: There was a brief discussion relative to the electronic gate at Clearwater Community Hospital employee parking area, and it was noted that the identifying sign requested by the board has been placed. The impending reopening of Calypso Bay was noted. There was a brief discussion relative to the management of bed and breakfast inns and possible future problem areas in the event of a change of ownership. There being no further business, by motion duly seconded, the meeting adjourned at 4:14 p.m.