Loading...
08/01/1995 PLANNING AND ZONING BOARD August 1, 1995 Members Present: Jay Keyes , Vice Chair Robert D. Bickerstaffe Edward Mazur John Carassas Brenda Nixon Bernie Baron Members Absent: Kemper Merriam, Chair Also Present: Scott Shuford, Director, Central Permitting Sandra Glatthorn, Manager, Central Permitting Don McCarty, Associate Planner, Certral Permitting Gwen Legters, Board Reporter, City Clerk Department The Vice Chair 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. In order to provide continuity, the items will be listed in agenda order although not necessarily discussed in that order. A. Approval of Minutes - July 18, 1995 Member Carassas moved to continue this item to the next meeting as some members had not received their copies. The motion was duly seconded and carried unanimously. B. Requests for Extension, Deferred and Continued Items - None C. Conditional Use Applications 1. Fred Berger TRE / Jeffery M. Dickman Trust / Rashid Ali (Danish Food Mart Inc d/b/a Quick Pick Food Store) to permit package sales of beer and wine (change of business ownership) at 280 Windward Passage, Sec 08-29-15, M&B 13.04, zoned CG (General Commercial). CU 95-47 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. It was indicated the applicant has leased a building previously occupied by a Pick Kwik Store on Island Estates and is requesting a conditional use permit to continue the sale of alcoholic beverages. The applicant has obtained a City occupational license and temporary State alcoholic beverage license. Staff noted this is the only convenience store on Island Estates and ample on site parking is available. It was indicated two attached signs exist for which no permit record was found. In response to a question, it was not known if the signage is conforming. Gidendra Trivedi, store manager and Anwar Hasan, a business associate, addressed the Board. In response to a question, Mr. Hasan stated he was not aware of the problem with the signage because their sign contractor was paid to obtain all necessary approvals. Concern was expressed no authorized representative was present. Mr Hasan said the store owner was out of town. It was indicated a notarized letter of authorization is needed in order to represent the owner/applicants. A continuance was suggested. No one was present to speak in support or opposition to the request. Member Bickerstaffe moved to continue Item B.1. to the meeting of August 15, 1995. The motion was duly seconded and carried unanimously. 2. Florence Panteles (Kings Car Center) to permit replacing a nonconforming use with another nonconforming use of lesser intensity (existing vehicle service (all or part) with outdoor sales, display and/or storage; vehicle sales) at 1501 S Fort Harrison Avenue, Sec 21-29-15, M&B 44.08. zoned CR 24 (Resort Commercial). CU 95-48 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. He stated this is an unusual zoning category and detailed the applicant's request to change the use of the property to allow outdoor retail sales, display and/or storage of automobiles. Staff found the proposed replacement use is more compatible with the surrounding area in terms of traffic or noise generation. It was noted three standards for approval have not been met regarding vehicular access points, landscaping and on site parking area. It was indicated the entire site is paved with asphalt. The size of an outdoor display area is severely limited by the small size of the lot and the need to define vehicular access and screening. City Traffic Engineering staff expressed concern with the property having open access to both Fort Harrison Avenue and Woodlawn Streets with no defined access points and no marked parking spaces. Staff recommended approval subject to eleven conditions. In response to a question, Mr. Shuford stated the property owner did not want to go to Commercial General zoning when the City went through the consistency program. Florence Panteles, the owner/applicant, stated she has been a Clearwater resident for 20 years. She gave a brief history of her business on the site, stating she has been involved with many auto sales companies and she knows how to market cars. She said she and her sons will be purchasing late model leased vehicles for resale and will limit the number of cars they buy. Ms. Panteles said they did not expect to do much vehicle service work and would contract out anything major. She stated landscaping was discussed with staff and she will install it if the zoning is approved. In response to a question, Ms. Panteles said she has read and can satisfy the eleven conditions of approval recommended by staff. No one was present to speak in support or opposition to the request. Member Nixon moved to approve Item C.2. subject to the following conditions: 1) Parking and defined access from Woodlawn Street and South Fort Harrison Avenue shall be provided in accordance with the requirements of the Transportation Group and LDC Ch. 42, Parking; 2) a five foot landscaped strip shall be provided between all street rights-of-way and parking lot/vehicular use areas, exclusive of access aisles; 3) there shall be no storage or display of vehicles in any street right-of-way; 4) a revised plan shall be provided within 30 days of the date of this public hearing with vehicle display areas clearly marked to assist in code enforcement; 5) there shall be no outdoor storage or service, and no inoperable vehicles shall be stored on the site for more than 24 hours; 6) vehicle service shall be limited to minor repairs, body work and painting; 7) the applicant shall provide an appropriate dumpster to handle the disposal of trash; this dumpster shall be located according to Sanitation Division standards within 90 days of the date of this public hearing; 8) the site shall meet all Sanitation Division requirements; and the applicant shall maintain the property in a litter free condition; 9) all parts, tires, and other materials used in conducting the business shall be stored indoors; 10) there shall be a trial period of six months from the date of this public hearing to determine if the change of use of this property has resulted in greater compatibility with the uses of surrounding properties; and 11) the required certificate of occupancy and City occupational license shall be obtained within six months of the date of this public hearing. The motion was duly seconded and carried unanimously. D. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment and Local Planning Agency Review 1. The City of Clearwater proposes to adopt amendments to the Comprehensive Plan that affect the land use of all properties currently within the city limits of the City of Clearwater, as follows: COMPREHENSIVE PLAN MAP AMENDMENTS: The Land Use Plan classifications of properties within 17 areas within the city limits of Clearwater are proposed to be amended as follows: a. LEGAL: S 17/28/16-14905-000-0500,0510, (0580-0750), (0820-0840), 0900, 0910 (portion); 18683-000-0840. LOCATION: North side of Meadow Wood Dr and approx 900' east of Countryside Blvd. b. LEGAL: N 21/28/16-92675-000-00400, 0050, 0100 (portion); 00000-230/0200, 0500, 0600, 0800 (portions); 08323-000-0010 (portion). LOCATION: 348' west of McMullen-Booth Rd and east of the east end of Turtle Brooke. c. LEGAL: S 10/29/15-00000-310/0100 (portion) and parking to south. LOCATION: south side of Maple St and between North Greenwood Ave and Betty Lane. d. LEGAL: S 10/29/15-72000-007-(0110-0200). LOCATION: South side of Seaboard Coastline Railroad and west side of Pennsylvania Ave. e. LEGAL: N 20/28/16-00000-210/0100, 0400, 0500. LOCATION: Northeast corner of McMullen Booth Rd and SR 580. f. LEGAL: N 32/28/15-54666-070-(0090-0140); S 32/28/15-54666-070-(0040-0080) (use 05/29/15). LOCATION: West side of Eldorado Ave from north end of Eldorado Ave, to approx 675' south. g. LEGAL: S 32/28/16-15004 (Chelsea Woods). LOCATION: NE corner of Soule Rd. and Tenth Ave. So. h. LEGAL: N 17/29/16-00000-230/0100, 0130, 1100; 00000-240/0400, 0600; 85546-000-0020,0030 (portion). LOCATION: 230' north of Gulf to Bay Blvd. and on both sides of Park Place Blvd. i. LEGAL: N 06/29/16-09072-000-0201. LOCATION: Northeast corner of Lawson Rd. and Sunset Pt. Rd. j. LEGAL: N 05/29/16-00000-230/0500 (portion). LOCATION: North side of Sunset Pt. Rd. and 150' east of U.S. Highway 19. k. LEGAL: N 09/29/16-37485. LOCATION: West side of McMullen Booth Rd. and 200' north of Kapok Kove Dr. l. LEGAL: S 02/29/15-78645; 78646. LOCATION: Southeast corner of Otten St. and Kings Highway. m. LEGAL: S 02/29/15-90288-000-(0130-0150). LOCATION: North side of Carolyn Ln. and 90' west of Highland Ave. n. LEGAL: N/S 21/29/15-00000-140/0400. LOCATION: East of SCL Railroad and adjacent to Lake Bellevue. o. LEGAL: N 03/29/15-73458-000-0011; 00000-220/0500; 41004-000-0031; 00000-220/0600; 47430-001-0001; 47430-002-0001; 00000-230/0100,0200; 88092-000-0010,0011. LOCATION: South side of Union Street to north side of Sunset Point Rd. and on west side of Edgewater Dr. p. LEGAL: N 32/28/16-00000-210/0500. LOCATION: 250' south of Enterprise Rd. and north end of Chautauqua Ave. (Main St.) q. LEGAL: S 05/29/15-Beach Dr.; Public Beach; N 08/29/15-Public Beach; 00000-220/0100; 29251 (portion); 00000-230/0100 (portion); 15606-000-(0010-0040) (portion); 00000-230/0300; SE 07/29/15-52380-000-(0010-0320) (portion). LOCATION: Land west of the CCCL from Beach Dr. on the south side of Somerset St., south to 410' south of 5th St. COMPREHENSIVE PLAN TEXT AMENDMENT: Objective 3.2.1. of the Future Land Use Element of the text of the City of Clearwater Comprehensive Plan is proposed to be amended as follows: Amendment to Objective 3.2.1. Revising the Goals and Policies of the Comprehensive Plan in order to reflect changing conditions in current and future intergovernmental coordination efforts and to correct grammatical errors, delete or correct scrivener's errors, and clarify ambiguous statements; to correct the maximum ISR in the Recreation/Open space classification from 0.25 to 0.60; to specify the maximum FAR and density in the CBD classification; to provide provisions for a maximum FAR of 1.0 for hospitals in the Institutional classification; to provide a 10 acre threshold for ancillary institutional uses in the Transportation/Utility classification and a 10 acre threshold for ancillary transportation/utility uses in the Institutional classification; to add the Transportation/Utility overlay and the water/drainage feature overlay to the classifications applicable to all zoning districts. LAND DEVELOPMENT CODE AMENDMENTS An ordinance of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 35.11, Code of Ordinances, to revise the definition of open space to meet the intent of impervious surface ratio requirements; amending Sections 40.005, 40.036, 40.045, 40.066, 40.086, 40.106, 40.126, 40.127, 40.128, 40.136, 40.137, 40.138, 40.146, 40.147, 40.148, 40.166, 40.186, 40.206, 40.226, 40.245, 40.262, to add language to the correlation of zoning districts section and the residential zoning districts which will restrict density by the land use classification when it is more restrictive than the assigned zoning district; amending Sections 40.261 and 40.262, to delete the specific residential subcategories in the PD zoning district; amending Section 40.546, to increase the FAR up to 1.0 for hospital uses in the P/SP zoning district; amending Section 40.586 (2), to replace minimum floor area ratio with maximum floor area ratio, and Section 40.586 (4), to replace 136.029 with 42.28, both in the Preservation zoning district; amending Section 42.06 (6)(b), relating to transfers of density; providing an effective date. Permitting Manager Glatthorn outlined the amendment package, stating the purpose is to clarify language and correct inconsistencies in certain zoning classifications, bringing them more in alignment with those of Pinellas County. She stated the County is agreeable to the proposed amendments and asked for the Board's endorsement. Mr. Shuford explained that some changes to the comprehensive plan are not directly related to the consistency program. He said these amendments are consistent with the Community Redevelopment Agency (CRA) downtown redevelopment plan. Questions were raised and discussion ensued regarding zoning reclassification. In response to a question regarding downzoning in downtown, Mr. Shuford stated building heights fall under the Land Development Code and are not regulated by this proposal. These changes are to go to the State; more zoning changes will be fine tuned in October and will go to the City Commission in December. Concern was expressed conversion to Pinellas County's land use categories and zoning designations makes the process more confusing. Mr. Shuford responded the County has 24 other jurisdictions and they are trying to standardize. Concern was expressed frequent code changes discourage growth by not allowing developers enough time to make commitments. Mr. Shuford indicated the City tries very hard to honor existing zoning when plans are in progress. He stated these zoning tools are being promoted as beneficial to economic development and neighborhood planning. Member Carassas moved to endorse Item D.1. to the City Commission. The motion was duly seconded and carried unanimously. E. Chairman's Items Member Keyes initiated discussion regarding the Fina station controversy (Z 93-54; LUP 93-43 & CU 95-45, Meador, 7/18/95.) While some concerns were reiterated, the majority felt the proposal had been thoroughly reviewed and no basis was found for changing the decision. F. Director's Items Mr. Shuford introduced Don McCarty, the new Associate Planner in charge of Design Review. He stated Mr. McCarty comes from St. Petersburg with a degree in architecture and will be in charge of the Design Review Board (DRB). He explained, over the next three months, the DRB will be developing design guidelines in the North Greenwood neighborhood, downtown, and Clearwater beach. These guidelines will be passed to the City Commission before the DRB starts hearing cases. G. Board and Staff Comments In response to a question, Mr. Shuford stated Calypso Bay has requested a change of ownership. Concern was expressed with three different used car dealerships which did not appear to be fulfilling their Board imposed conditions for approval. Mr. Shuford stated he would notify the Community Response Team to inspect the properties and he would report back to the Board. Member Carassas expressed concern that removal of traffic signals has created hazards at several intersections around the City. He felt the signals should be replaced and questioned to whom this concern should be addressed. Mr. Shuford responded City Engineer Rich Baier is in charge of that issue. He noted, in the past few years, a statewide trend has been to remove as many signals as possible. H. Adjournment The meeting adjourned at 2:54 p.m.