10/17/1995PLANNING AND ZONING BOARD
October 17, 1995
Present: Kemper Merriam Chair
Jay Keyes Vice Chair
Robert D. Bickerstaffe Board Member
Edward Mazur Board Member
Brenda Nixon Board Member
Bernie Baron Board Member
Frank Kunnen Board Member
Leslie Dougall-Sides Assistant City Attorney
Scott Shuford Central Permitting Director
Sandra Glatthorn Central Permitting Manager
Gwen Legters Board Reporter
The meeting was called to order by the Chair 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.
To provide continuity, the items are listed in agenda order although not necessarily discussed in that order.
Minutes Approval - October 3, 1995
Member Nixon noted that Assistant City Attorney Dougall-Sides’ name was omitted from the title page. Member Merriam requested correction on page 4, paragraph 4, to reflect his concern
that setbacks for hedges should be regulated the same as for fences.
Member Keyes moved to approve the minutes of October 3, 1995, as corrected. The motion was duly seconded and carried unanimously.
B. Requests for Extension, Deferred and Continued Items
1. 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
Ms. Glatthorn gave the background of the case and presented, in writing, staff recommendations. She stated staff had recommended denial because the conditions of approval were not
met. Subsequent visits to the site revealed the applicant has been working toward compliance. A question was raised regarding why staff recommends landscaping for this site. Ms. Glatthorn
responded they suggest conditions to bring every site up to code.
Ronell Fuller, owner of E’s Auto Detailing, explained how he has cleaned up the property. He stated he cleared out six service bays for vehicle storage and removed the bus from the
site. Referring to copies of invoices from towing companies, he said he got rid of several disabled vehicles. He stated he is waiting for titles to the remaining vehicles. He discussed
the landscaping he has installed to date and questioned what is still needed. Ms. Glatthorn said the City’s environmental management group indicated about 22 more shrubs are needed
to complete buffering along the north and east sides.
Concern was expressed with the site appearing to be used as a sales lot. Mr. Fuller was asked why he needs titles to the remaining vehicles. Mr. Fuller stated he cannot dispose of
vehicles without titles. He said cars along the west end are not on his property and belong to the service shop next door.
Concerns were expressed with unsightly conditions on the surrounding properties. Staff was directed to investigate immediately and take action to eliminate the mess.
Stuart Whitehouse, adjacent property owner, spoke in support of Mr. Fuller’s efforts to clean up the subject property. Mr. Whitehouse questioned why the City has not taken action to
require the surrounding property owners to clean up their properties as well. He said he has been in contact with City code enforcement. It was indicated staff will investigate this
issue.
One woman spoke in opposition to the business operating at night and on Sunday, saying the noise of voices and radios disturbs her. While she agreed Mr. Fuller has done a good job,
she questioned if his hours of operation could be limited.
Ethel Whitehouse, adjacent property owner, spoke in opposition to the operation. She indicated she owns a small business and does not understand why she must follow the rules when
others do not. It was indicated much of the disturbance she described does not come from Mr. Fuller’s shop, but from the surrounding businesses.
Consensus was to limit Mr. Fuller’s hours of operation. Discussion ensued regarding what the hours should be and how much additional landscaping is required.
Member Keyes moved to approve Item B.1 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) All permitted services shall be indoors; 3) All parts, materials and vehicles shall be stored indoors; 4) Vehicle washing shall be limited to the wash rack area only;
5) All hazardous waste materials including oil drum storage, fuel 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; 11) A landscape buffer in the grass area on the east side of the property shall be installed and maintained according to City Code; and 12) The hours of operation
shall be restricted to 7:00 a.m. until 7:00 p.m., Monday through Saturday, closed Sunday. The motion was duly seconded and carried unanimously.
2. Trial Period Review - 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
Ms. Glatthorn stated staff received a written request to continue this item until November 14, 1995, as the applicant was not able to attend today’s hearing.
Member Kunnen moved to continue Item B2 to November 14, 1995. The motion was duly seconded and carried unanimously.
C. Conditional Uses
1. Star Enterprise/Rajni Patel (Highland and Sunset Texaco) to permit package sales of beer and wine (change of business ownership) at 1898 N. Highland Ave., Sec 02-29-15, M&B 32.01,
zoned CN (Neighborhood Commercial). CU 95-56
Ms. Glatthorn gave the background of the case and presented, in writing, staff recommendations. She stated the request is for package sales at a convenience store and vehicle service
facility. She indicated the property is well maintained, the parking lot is well marked and in excellent condition. Staff recommended approval subject to five conditions, including
additional landscaping in the buffer areas of the perimeter.
Rajni Patel, business owner/applicant, stated Texaco owns the land and building and the previous owner held the beer and wine license for eight years. He requested clarification of
staff’s suggested conditions related to site lighting and additional landscaping. It was indicated equipping site lighting with 90( cutoffs is a standard condition intended to prevent
bright lights on buildings from being directed outward, blinding drivers and disturbing surrounding residents. Mr. Patel responded he has only low intensity, short island lights that
are turned off when he closes at 11:00 p.m.
Mr. Patel said attempting to alter the perimeter landscaping would be a problem because of groundwater monitoring devices buried there. He said they are spaced about ten feet apart,
and are monitored by the Environmental Protection Agency to guard against fuel or oil leaking into the groundwater. It was suggested that he work with the Environmental Management Group
to meet this condition to the extent possible.
Mr. Patel was asked if he will have beer on ice near the cash register. He said beer is kept in the cooler. While he indicated he does sell cold single serving sizes, the volume of
beer sales is very small when compared to sales at nationally recognized convenience stores. He indicated gasoline sales comprise the bulk of his business. Concern was expressed by
one member who does not believe in selling beer where gasoline is sold.
No one was present to speak in support or opposition to the request.
Concern was expressed with numerous calls listed on the police report and a question was raised if a six month review is in order. This was not felt to be necessary as the number of
calls is not excessive for the type of business. It was also indicated the State may revoke an alcoholic beverage license if the Police Department reports a large number of alcohol
related problems associated with an establishment. Staff was requested to have the dates of reported incidents included on future police reports.
Member Bickerstaffe moved to approve Item C1 subject to the following conditions: 1) The requisite occupational license shall be obtained prior to the start of business but no later
than six months from the date of this public hearing; 2) The sale of alcoholic beverages shall be limited to the hours of 8:00 a.m. until midnight, Monday through Saturday, and 1:00
p.m. until Midnight on Sundays; 3) There shall be no unapproved outdoor retail sales or displays; 4) All existing site lighting shall be equipped with a 90( cutoff mechanism, with the
light being directed downward and away from adjoining residential properties and streets rights-of-way within 60 days from the date of this public hearing; and 5) The perimeter landscaping
requirements of Sec. 42.27 shall be provided to the extent possible given site conditions, within 60 days from the date of this public hearing and continuously maintained thereafter.
Upon the vote being taken, Members Merriam, Keyes, Nixon, Bickerstaffe, Baron and Kunnen voted "Aye"; Member Mazur voted "Nay." Motion carried.
2. Ilhan M. & Mary J. Bilgutay (Pace Tech, Inc) to permit non-commercial parking at 507, 508, & 601 N. Garden Ave., Bidwell's Oak Wood Add, Lots 29-35 and part of Lot 36, Nicholson
& Sloan's Add, Lots 7-9, and Hart's Addition to Clearwater, Blk 2, Lot 17 & part of Lot 18, zoned RM 8 (Residential Multi Family) & IL (Limited Industrial). CU 95-57
Ms. Glatthorn gave the background of the case and presented, in writing, staff recommendations. She stated the applicants wish to construct a 16 space parking lot across the street
from their medical equipment assembly facility. The additional parking will be needed as the their proposed five million dollar expansion develops during the next few years, increasing
their work force from 48 to 75 people. Staff recommended approval with eight conditions.
Alex Panik, representing the applicants, addressed the Board. In response to a question, Mr. Panik stated they propose to meet condition #6 by building a fence along the east end of
the parking lot.
Discussion ensued regarding the number, type, and health of trees to be removed from the site to meet interior landscaping requirements. Two trees of particular concern to the Board
were 26 and 30 inches in diameter. Mr. Panik said Alan Mayberry, the City’s Urban Forester, worked with them and had no problem with the application. The Board expressed strong objection
to removing 26 and 30 inch trees to meet drive aisle and landscaping requirements. A suggestion was made to reduce the size of some parking spaces and designate them for compact cars
and motorcycles. Another suggestion to maximize interior landscaping was to enlarge certain landscaping islands from three to five feet. Staff was
charged with finding a way to make development standards less rigid to encourage economic development while saving more large trees.
No one was present to speak in support or opposition to the request.
Member Bickerstaffe moved to approve Item C2 subject to the following conditions: 1) The applicant shall obtain the requisite building permit within six months from the date of the
certification of an amended certified site plan; 2) All site lighting shall not exceed 12 feet in height, and shall be equipped with a 90( cutoff mechanism, with the light being directed
downward and away from adjoining residential properties and streets rights-of-way; 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 at 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 easterly end of the parking lot, and landscaping shall be
placed on the outside of the fence or wall; 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;
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 the issuance of a building permit,
the applicant shall work with staff to save specimen trees. The motion was duly seconded and carried unanimously.
3. Clearwater Free Clinic, Inc to permit non-commercial parking at 707 N Ft Harrison Ave, J.H. Rouse Sub, Blk 1, Lots 1, 2, 7 & 8, zoned CN (Neighborhood Commercial) & RM 8 (Residential
Multi Family). CU 95-58
Member Nixon declared a conflict of interest regarding this case.
Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. She stated the applicant wishes to construct parking lot to provide additional parking
for their clinic expansion. Staff recommended approval with six conditions.
Brenda Harris Nixon, President of the Clearwater Free Clinic board of directors, gave an overview of clinic operations and detailed the request. She stated the clinic expansion will
include additional room for storage, office space, a diabetic education classroom, and pharmacy areas. She said they attempted to save all the trees for shade and aesthetics, even though
Alan Mayberry said some were not worth saving. She said the project will beautify the neighborhood corridor and will not adversely impact the community.
Ms. Nixon said, with an operating budget of about $55,000, the clinic treats more than 7,200 patients annually, at no charge to the patient. She listed the medical and clerical personnel
who donate their services and stated all the architectural, engineering, and site plan services for the project have been donated as well. She requested a year instead of six months
to obtain the requisite permits. The extra time is needed because the addition will not break ground until complete funding is in place. She said fund raising efforts are underway and
gave a telephone number for anyone to call for more information.
No one was present to speak in support or opposition to the request.
It was indicated removing the North Ft. Harrison Avenue entrance will enhance traffic flow and the only access will be from Seminole Street. A question was raised regarding the Traffic
Engineering Department’s request for a revised site plan. Ms. Nixon was not aware of this and staff was asked to investigate.
Member Keyes moved to approve Item C3 subject to the following conditions: 1) The requisite building permit shall be obtained prior to the start of construction but no later than one
year from the date of this public hearing; 2) The applicant shall remove the existing driveway apron at the Southwest corner of the property where the access from South Ft. Harrison
Avenue is to be eliminated within one year of the issuance of the requisite building permit; 3) An ingress and egress easement shall be provided along the alley as the proposed driveway
in order to permit the public's legal use of the full driveway width within one year of the issuance of the requisite building permit; 4) The outfall pipe for the detention pond shall
be constructed to discharge to the adjacent storm inlet at North Ft. Harrison Avenue and Seminole Street; 5) Any site lighting to be provided shall be equipped with a 90( cutoff mechanism,
with the light being directed downward and away from adjoining residential properties and streets rights-of-way; and 6) A Unity of Title Declaration for the property shall be recorded
prior to the issuance of the requisite building permit. Upon the vote being taken, Members Merriam, Keyes, Mazur, Nixon, Bickerstaffe, Baron and Kunnen voted "Aye"; Member Nixon abstained.
Motion carried.
4. Jerry H. & James H. Center/Pick Kwik Food Stores, Inc/Happy Food Stores, Inc to permit package sales of beer and wine (change of business ownership) at 2099 N. Highland Ave, Sec
02-29-15, M&B 21.05, zoned CN (Neighborhood Commercial). CU 95-59
Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. Staff recommended approval with three conditions.
Izeddin Suhweil, representing the business, stated he owned supermarkets and convenience stores in Chicago and has done the same thing here for 13 years. His focus is converting nationally
recognized convenience stores into neighborhood grocery stores. He said his business does not thrive on selling cigarettes or alcohol. He tries to meet the needs of the neighborhood
by specializing in hot food and providing a service to the neighbors. He agreed with the recommended conditions.
No one was present to speak in support or opposition to the request.
Member Bickerstaffe moved to approve Item C4 subject to the following conditions: 1) The sale of alcoholic beverages shall be limited to the hours of 8:00 a.m. until midnight, Monday
through Saturday, and 1:00 p.m. until Midnight on Sundays; 2) Any proposed site lighting shall be equipped with a 90º cutoff mechanism, with the light being directed downward and away
from adjoining residential properties and streets rights-of-way; and 3) The perimeter landscaping requirements of Sec. 42.27 shall be provided within the buffer adjacent to Union Street
within 60 days from the date of this public hearing and shall be
continuously maintained thereafter. The motion was duly seconded and carried unanimously.
5. Luverne M. Loken TRE (Pinch A Penny) to permit outdoor retail sales, displays and/or storage at 1480 S. Belcher Road, Sec 24-29-15, M&B 41.02, 41.03 & 41.04, zoned CC (Commercial
Center). CU 95-60
It was not known why no one appeared to present this case. No one was present to speak in support or opposition to the request. Consensus was to continue the item to the next meeting.
Member Kunnen moved to continue Item C5 to October 31, 1995. The motion was duly seconded and carried unanimously.
Mr. Shuford arrived at 3:23 p.m.
D. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment and Local Planning Agency Review
1. (Cont. from 10/3/95) ORDINANCE NO. 5909-95 of the City of Clearwater, Florida, relating to the Land Development Code; Amending Sections 28.10 and 44.08, Code of Ordinances, to delete
the requirement that signs on vending machines be regulated as wall signs; providing an effective date.
Mr. Shuford stated the ordinance before the Board deals with exempting vending machines from attached signage requirements. In response to a question, Ms. Dougall-Sides said a separate
ordinance for news racks will be brought forward after some First Amendment concerns are addressed. Further discussion related to this issue is included under Board and Staff Comments
below.
Member Nixon moved to endorse Item D.1 to the City Commission. The motion was duly seconded and carried unanimously.
2. ORDINANCE 5921-95 of the City of Clearwater, Florida, relating to the Land Development Code; creating Division 14 of Chapter 41, Code Of Ordinances, to establish development standards
for parking garages; providing an effective date.
Mr. Shuford stated this ordinance was prepared as part of the urban center requirements related to the downtown plan. It is being brought forward for Board consideration at the direction
of the City Commission. He outlined the changes to the dimensional, numerical and landscaping requirements, highlighting special conditions if a parking garage is located in a pedestrian
oriented zoning district. He said this ordinance is important because, as land becomes more valuable, it will give the ability to regulate more structured and attractive parking.
Discussion ensued regarding floor area ratio and minimum landscaping. A suggestion was made for language changes and noted by Mr. Shuford.
Member Nixon moved to endorse Item D2 to the City Commission with the recommendation to amend language in Section 41.252(3), (4) and (5) from “None.” to “Not applicable.” The motion
was duly seconded and carried unanimously.
E. Chairman's Items -- None
F. Director's Items
Mr. Shuford reported the Community Response Team has followed up on Board concerns regarding an accumulation of trash on a Lakeview Avenue property being used by the Scientologists.
He was advised that the tractor-trailer has been removed, some fencing installed and painting and roof work are expected soon. Member Nixon was concerned with a large dumpster overflowing
on the property. Member Baron stated a bus moved off the property was moved downtown by the old Gray Moss Inn. Mr. Shuford said the Community Response Team is to reinspect on October
24 and he will relay this information to them.
He discussed a memo from the City Clerk regarding the Board’s annual report to the City Commission.
G. Board and Staff Comments
Discussion ensued regarding a draft of an unnumbered ordinance, amending City Code Section 28.10(b). Mr. Shuford stated this draft was prepared in response to the Board’s request at
the last meeting, to ensure vending machines are operable and well maintained, to preclude the possibility of using inoperable machines as signs. The draft amendment also establishes
setback requirements and the number of vending machines and news racks that may be installed outside buildings. He said he will bring a numbered final draft for Board review before
it goes to the City Commission.
Discussion ensued regarding the number, type and color of news racks allowed outside buildings and along highways. In response to a question, Ms. Dougall-Sides stated shopper newsletters
have been placed in the same category as newspapers. She felt the dispensers of newsletters and free advertising flyers would probably be considered in the same category as news racks.
This is to be discussed further when the news rack ordinance is scheduled.
Mr. Bickerstaffe objected to having any vending machines outside a place of business. He felt all vending machines should be inside the doorways to reduce vandalism and weathering,
thereby improving the appearance of the community. He also expressed concern that accumulation of trash on commercial and residential properties makes the City look bad. He asked that
the City crack down on this problem.
Member Nixon stated she received a response from staff regarding her concern about the number of water closets in commercial establishments. It was indicated they are regulated by
State plumbing code according to area and occupancy. Referring to Builders Square, Ms. Nixon felt there was an excessive number of women’s water closets for that type of use. She restated
her desire to see the calculations based on use as well as floor area and occupancy. Mr. Shuford explained one of the difficulties associated with that
method of calculation is the use could change in the future. For example, if a hardware superstore was converted to a women’s clothing outlet, a vastly different number of water closets
would be required if they were based on use. He indicated the potty parity law requiring equal facilities for men and women is also a major factor in designing restrooms.
Member Mazur questioned the proposed 1996 meeting schedule. He requested allowing for summer vacations by having one meeting a month during July and August. Mr. Shuford will bring
the final calendar back for Board approval at the next meeting.
Mr. Shuford referred to recent legislation that could provide a cause for concern when adopting more stringent building and development regulations. He said if a property owner’s reasonable
use is impacted, the governing agency can be subject to “taking” claims that may have a basis in court. He said the City Legal Department is looking at the issue because it has the
potential for affecting operations here.
H. Adjournment
The meeting adjourned at 3:55 p.m.
Chair
Attest:
Board Reporter