Loading...
09/19/1995 PLANNING AND ZONING BOARD September 19, 1995 Members Present: Kemper Merriam, Chair Jay Keyes, Vice Chair Robert D. Bickerstaffe Brenda Nixon Bernie Baron Frank Kunnen Members Absent: Edward Mazur Also Present: Scott Shuford, Director, Central Permitting Gwen Legters, Board Reporter, City Clerk Department The meeting was called to order by the Chairman at 2:00 p.m. in the Commission Chambers of City Hall, followed by the Invocation and Pledge of Allegiance. He 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, may appeal through the City Clerk Department within two weeks. He noted 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 - August 29, 1995 One member did not receive the minutes in time to review them and requested a continuance. Member Nixon moved to continue minutes approval to the meeting of October 3, 1995. The motion was duly seconded and carried unanimously. B. Requests for Extension, Deferred and Continued Items 1. (cont. from 6/27/95, 7/18/95, 8/15/95 & 8/29/95) 1221 & 1256 Bay Ave., 323 & 325 Pinellas St., and 1225 Reynolds Ave., Westover Sub, Blk B, Lots 1-2 & 17, C. Perry Snell's Bluff View Court, Lots 22-24, and S.J. Reynolds Sub, Lot 8 (Morton Plant Hospital Association and Evmorphia M. Kralis). Z 95-02; LUP 95-13 LUP: From Residential/Office General to Institutional ZONE: From OL (Limited Office) to MPD (Master Planned Development) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Emil Marquardt, attorney representing the applicant, stated continuances of the request to add three parcels to the Master Plan have been due to questions regarding implementation of the Plan. Issues of special concern are construction of a landscape buffer and wall on the south side of the parking lot. He indicated Mr. Dahlhauser, a hospital administrator, expects to receive construction materials next week and the wall is to be built exactly where it is shown on the Plan. He stated timing for installation of the required landscaping is to be determined upon approval of the hospital board’s capital budget in October. He said, since the issue is tied in with the hospital’s budget, an exact date cannot be given at this time. They hope to proceed with work in the Spring of 1996. Clarification was requested regarding the location of the landscaping buffer. Referring to the parking area layout, Mr. Marquardt stated the buffer is planned for the north side of the wall, facing the hospital. He said the parking lot is to be paved and it is not logical to landscape beforehand. He indicated these plans have been developed through extensive meetings with City staff and landscaping was never intended on the outside of the wall verging the south property line. No one was present to speak in support of the application. Richard Siple, 3 Druid Place, Town of Belleair, spoke in opposition to the request. He stated he was selected as the spokesperson for the Belleair property owners adjacent the hospital. He said they met with the applicants, arrived at acceptable solutions and supported the hospital’s plans. He felt the applicants are attempting to change the Master Plan after the fact. He indicated an expressed concern over losing parking spaces to landscaping is not valid because the applicants knew of the parking requirements when they agreed to the plan. Mr. Siple submitted photographs of his view of the hospital. He requested that landscaping be installed promptly so it can begin to grow and eventually soften the visual impact on his property. Mr. Marquardt stressed the required landscaping will be installed. He indicated he did not feel they were misleading the neighbors because there had been very little emphasis on landscaping along the north side of the wall during the presentation talks. In response to a question regarding the type of planting materials proposed, it was indicated the installation will follow the Town of Belleair’s landscaping requirements, which are more stringent than Clearwater’s. Stephen Papalas, Town Manager of Belleair, introduced himself and offered to respond to any questions from the Board. Board members expressed concern that the applicants follow through with what they said they would do. One suggestion was to barricade the south portion of the parking lot until the landscaping is installed. Another suggestion was for Belleair representatives to monitor the situation and notify Mr. Shuford if work does not proceed as indicated. Mr. Shuford explained it had been expected that construction of a proposed parking facility would trigger installation of the required landscaping. The applicant now proposes to refurbish the existing parking lot instead, so the plan changes somewhat. He stated staff recognizes the applicants’ need to coordinate landscaping with construction in the parking lot. He also agreed with concerns that a date certain is needed. As the timing cannot be determined at this time, he suggested a condition for the time frame to be tied down prior to second reading of the ordinance. Mr. Shuford stated he would not place this item on the City Commission agenda until after the hospital’s budget meeting on the fourth Tuesday in October. Member Keyes moved to endorse Item B.1 to the City Commission providing the applicant submits a letter of understanding regarding a date certain for installation of landscape buffering prior to final Commission approval. The motion was duly seconded and carried unanimously. 2. Trial Period Review - 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 case and presented, in writing, the staff recommendation. He stated the applicant has substantially met all the original conditions and recommended approval. Jamal Khalil, store manager, appeared to answer any questions. No one was present to speak in support or opposition. Member Nixon moved to approve Item B.2 subject to the following conditions: 1) Landscaping which has been provided in accordance with Section 42.27 shall continue to be continuously maintained; 2) the hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. weekdays and 8:00 a.m. to 12:00 p.m. weekends; and 3) all sign code violations still existing on the premises shall be brought into compliance within two weeks of this public hearing. The motion was duly seconded and carried unanimously. 3. Trial Period Review - 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 case and presented, in writing, the staff recommendation. He stated the applicant has done little to comply with the original conditions of approval and staff recommended denial. In response to a question, he was not aware of any special circumstances precluding compliance. Ronell Fuller, the lessee, stated he was not financially able to comply with all the conditions, but he has worked very hard to clean up the property. He said he has received an offer to have landscaping materials donated and he will plant them soon. He indicated he started sealing the parking lot but did not finish because it required more material than he could afford. To reduce noise, Mr. Fuller said he purchased new vacuums and moved his detail area to the south end of the building. He said complaints have stopped and he now has the support of his neighbors. Responding to concerns he was doing vehicle service work, Mr. Fuller stressed he only does auto detailing, headliner and carpet work. He indicated he has tried to be a good neighbor by moving some vehicles inside and moving others to less visible locations. A boat and two disabled vehicles inside his service bays belong to him and his wife and he plans to have them repaired as finances permit. He indicated a bus parked on his property is in the process of being repaired by Auto Parts Unlimited, the service garage next door. He has been unable to get them to finish and move the bus, so he has made arrangements with an Indian Rocks Texaco station to remove it. In response to a question, he stated he moved the bus to its present location because the graffiti on it offended pedestrians and he wanted to keep everyone happy. Discussion ensued regarding compliance with the original conditions. It was indicated finished cars awaiting pickup are supposed to be parked on the paved lot north of his building, rather than on the grass. Mr. Fuller stated the referenced oil drums were emptied and removed when the building was painted. He said he always washes cars in the wash racks. He acknowledged disabled vehicles stored inside his bays take up space needed to perform his work inside. He explained all the disabled cars are waiting for service by Auto Parts Unlimited and the lengthy delay is because the mechanic only works in the evening. One neighbor spoke to the application, stating Mr. Fuller has made many improvements, but there is still room for more. She expressed concern she did not receive notification of today’s hearing. The Board noted a number of people had spoken in opposition at the original hearing. It was not known if surrounding property owners had been notified of this trial period review. Staff was asked to investigate. Some members felt Mr. Fuller had not started soon enough or accomplished enough to merit approval. Others felt the property owner should take responsibility to maintain the property in an acceptable condition, as it was indicated the property has been put up for sale. Mr. Fuller stated in response to a question he is on a month to month lease and he could be required to move at any time. He said the property owner does nothing to maintain the property. While Mr. Fuller was praised for working hard at a tough job, it was noted being nice to fellow tenants was putting his business at risk. In response to a question, Mr. Fuller indicated, if given another chance to comply with the conditions, he would try to learn how to say no to those who would take advantage of him. Consensus was to allow Mr. Fuller an additional 30 days to comply with the conditions of approval. In response to a question, Mr. Shuford stated the purpose of having Mr. Fuller seal and stripe his portion of the larger parking lot is to ensure he can meet his parking space requirements. Member Nixon moved to continue Item B.3 to the meeting of October 17, 1995. Upon the vote being taken, Members Merriam, Keyes, Nixon, and Baron voted "Aye"; Member Bickerstaffe voted "Nay." Motion carried. C. Conditional Uses - None D. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment and Local Planning Agency Review 1. 1984 Sunset Point Road, Sunset Oaks Sub, Lot 2 less road on S and part of Lot 1 (L.J. Parham & Richard W. Cope, Trustee) Z 95-08; LUP 95-27 LUP: Residential/Office General to Commercial General ZONE: OL (Limited Office) to CN (Neighborhood Commercial Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. He stated the applicant is requesting the zoning change to enable construction of a freestanding McDonald’s restaurant at the intersection of Sunset Point Road and Hercules Avenue. He detailed development and acreage of surrounding properties, stating staff recommends endorsement to the Commission. Sue Murphy, Planning Director representing the applicant, handed out exhibits, maps and photographs of the site. She gave an overview of proposal and responded to questions regarding the number of curb cuts proposed, traffic circulation and the relationship of the adjacent Mobil station to the proposal. Mr. Shuford indicated City Engineer Rich Baier looked at the proposal and considered it a separate entity from the Mobil station. A question was raised regarding vegetation on the site. Ms. Murphy said a tree survey has not been done, however, they will comply with all preservation conditions. Member Keyes moved to endorse Item D.1 to the City Commission. The motion was duly seconded and carried unanimously. E. Chairman's Items Member Merriam read from a letter from former City Attorney Galbraith regarding voting rules when a conflict of interest removes a bare quorum. Member Merriam also expressed concern with trash on a Lakeview Avenue property which is being used by the Scientologists for auto repair. Discussion ensued. Mr. Shuford stated he will relay the matter to the City’s Community Response Team for enforcement. F. Director's Items 1. Planning and Zoning Annual Report Mr. Shuford submitted a report summarizing Board activity over the past year and questioned if the Board wished to add anything. Member Merriam requested details of the four hearing officer appeals referenced in the report and asked to be informed when appeals to Planning and Zoning Board decisions are filed in the future. In response to a question from Member Nixon, Mr. Shuford stated having Board members speak at appeal hearings is generally discouraged. He indicated the Board generally has good reasons for voting as they do and this is reflected in the record. Member Merriam thanked staff for their support of the Board. He stated he will present the report at the October 4 City Commission meeting. 2. Florida American Planning Association Meeting - September 27, 1995 Mr. Shuford invited Board members to attend the meeting in Tampa. The meeting recessed from 4:00 to 4:03 p.m. G. Board and Staff Comments Frank Kunnen was welcomed as a new member. Member Baron expressed concern that, on a day cruise he attended recently, all the passengers were asked to move to the left side of the boat. The reason for this was not known. Member Nixon stated she was impressed with the newly opened Jamz and Java restaurant. Member Merriam expressed concern with Board members discussing their individual positions and referencing how other members vote after the fact, when applicants are not present. He felt this was unprofessional. Mr. Shuford agreed it might be more appropriate to discuss this type of issue after expiration of the appeal period. Member Nixon objected to a recent public comment about big money and special interests influencing the votes of City officials in certain cases. She expressed concern this comment adversely affected other Boards who heard the referenced cases. Member Kunnen stated he felt a decision of the Board, once made, should be supported by all the members, whether or not they voted for it. General discussion continued until 4:20 p.m. H. Adjournment The meeting adjourned at 4:20 p.m. Chair  Attest:   Board Reporter