10/31/1995PLANNING AND ZONING BOARD
CITY OF CLEARWATER
October 31, 1995
Present:
Kemper Merriam
Jay Keyes
Robert D. Bickerstaffe
Edward Mazur
Brenda Nixon (arrived 2:03 p.m.)
Bernie Baron
Frank Kunnen
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Leslie Dougall-Sides
Sandy Glatthorn
Gwen Legters
Assistant City Attorney
Central Permitting Manager
Board Reporter
The meeting was called to order by the Chair at 2:00 p.m. in Commission Chambers of City Hall, followed by the Invocation and Pledge of Allegiance. He outlined meeting procedures
and the appeal process.
To provide continuity, items are listed in agenda order although not necessarily discussed in that order.
Minutes Approval - October 17, 1995
Member Keyes moved to approve the minutes as submitted by the Board Reporter in writing to each member. The motion was duly seconded and carried unanimously.
B. Requests for Extension, Deferred and Continued Items
1. (cont from 10/17/95) Luverne M. Loken TRE (Pinch A Penny) to permit outdoor retail sales, dis plays and/or storage at 1480 S. Belcher Rd, Sec 24-29-15, M&B 41.02, 41.03 & 41.04,
zoned CC (Commercial Center). CU 95-60
This item was continued from the meeting of October 17, 1995 when no one appeared to present the case.
Mr. O’Hoaolain addressed the Board, stating he represents Pinch A Penny stores. It was indicated he is not listed as an authorized representative. Brief discussion ensued regarding
whether to hear the case in the absence of an authorized representative. No one was present to speak in support or opposition to the request.
Member Bickerstaffe moved to continue CU 95-60 to the meeting of November 14, 1995. The motion was duly seconded and carried unanimously.
C. Conditional Uses
1. Rosemarie Fischer to permit a veterinary office at 410 S. Pegasus Ave., Skycrest Sub, Unit C, Blk A, Lot 5, zoned CG (Commercial General). CU 95-61
Ms. Glatthorn gave the background of the case and presented, in writing, staff rec ommendations. She stated the Keene Road Pet Hospital is being forced to move from its present location
due to redevelopment of the site into a Walgreens store. It is proposed to convert an existing beauty salon into the veterinary office. Ms Glatthorn read supplemen tary standards for
veterinary offices, stating staff recommends approval subject to five conditions.
Dan Cowden, veterinarian representing the applicant, stated he wishes to purchase the subject property. Noting the main focus of the supplementary standards appears to deal with noise,
he explained the structure of the walls and ceiling would muffle any animal noise from disturbing the neighbors.
In response to questions, Mr. Cowden said pets are only kept overnight for medical reasons and then only as long as medically necessary. He stressed he will not run a boarding kennel.
He said he will have 20 cages; and expects about five animals at a time, on average. He indicated most of his patients are cats.
Mr. Cowden stated he proposes a fenced pet walking area in the rear, on the south side of the building and could add up to ten indoor runs in the future. Concerns were expressed with
having any part of the operation outdoors. Questions were raised regard ing the runs. Mr. Cowden said he has worked extensively with his architect concerning design and construction
material details and the runs are to be completely contained within the building. He explained animals need to be taken outdoors occasionally for fresh air and sunshine. He said the
pets are always leashed and attended.
No one was present to speak in support or opposition to the request.
Discussion ensued regarding the building layout, setbacks and site plan. Mr. Cowden explained the drawing submitted with the application was for the beauty salon. He did not have
a current drawing of his proposal due to the short amount of time he has to move.
Member Mazur moved to approve Item C.1 subject to the following conditions: 1) The perimeter landscaping requirements of Sec. 42.27 shall be provided to the extent possible given site
conditions, within three months of the date of this public hearing; 2) A six foot high, opaque fence or wall shall be constructed along the north property line to within 25 ft. of the
westerly right-of-way line of Pegasus Ave, within three months of the date of this public hearing; 3) Any proposed site lighting shall be equipped with a 90º cutoff mechanism, with the
light being directed downward and away from adjoining residen tial properties and street rights-of-way; 4) No outdoor cages, runs, or other outdoor facilities shall be provided, unless
specifically authorized by the planning and zoning board; 5) Hours of operation shall be limited to Mondays through Saturdays 7:00 a.m. 8:00 p.m.; closed on Sundays; and 6) The outdoor
exercise area on the south side of the building shall be bordered by a chain link fence and animals shall not be left unattended. The motion was duly seconded and carried unanimously.
2. Richard R. Dimmitt (Dimmitt Cadillac) to permit vehicle servicing at 25191 US 19, Chautauqua-Sec. A, Unit 1, Blk 14, Lots 16 & 17, and Sec. 32-28-16, M&BS 32.08, & 32.10, Zoned CH
(Highway Commercial). CU 95-62
Ms. Glatthorn gave the background of the case and presented, in writing, staff rec ommendations. She stated the applicant wishes to expand the dealership service opera tion with the
addition of a 8,800 square foot body shop. She detailed what exists on the site, the supplementary standards for a vehicle service operation and suggestions for compliance. Staff recommended
approval with ten conditions.
Harry Cline, attorney representing the applicant, gave an overview of the dealership operation. He said the beautiful architectural style of the main building has been featured in
the General Motors magazine. The proposal is to build the body shop hugging the north east corner so it will not intrude on the operations and visual areas. He said the proposal has
no adverse impacts on the surroundings and detailed the adjacent uses. A heavily wooded area to the east belongs to Mr. Dimmitt, who purchased it as a buffer between the business and
adjacent residential use.
Mr. Cline agreed with all but three of the suggested conditions. He did not feel condi tions prohibiting inoperable vehicles, restricting types of repair or mandating orientation of
the building were appropriate. He submitted a letter from Richard R. Dimmitt, indicating traffic flow and future expandability of the business would be impeded by turning the building
in an east-west direction. Mr. Dimmitt suggested, as an alternative, that he pro vide either a 30 foot wooded buffer or a landscaped masonry screen wall along the east side if the adjacent
property is ever developed as residential property.
John Prahl, President of Canco General Contractors, stated he specializes in design and construction of auto dealerships. He indicated Mr. Dimmitt does not want to do any thing to detract
from his very attractive facility or the area. He discussed setbacks, park ing requirements and traffic flow. He said he met with City planners and with Mr. Dimmitt at length to come
up with the best plan.
No one was present to speak in opposition to the request.
Questions were raised regarding construction and easement details. It was indicated these will be addressed during site plan review. Discussion ensued regarding conditions for approval.
Member Bickerstaffe moved to approve CU 95-62 subject to the following conditions: 1) The requisite site plan certification shall be obtained within six months from the date of this
public hearing; 2) The requisite building permit shall be obtained prior to the start of construction but no later than six months from the date of certification of a certified site
plan amendment; 3) The requisite certificate of occupancy shall be obtained within six months of the date of issuance of the building permit; 4) There shall be no outdoor storage or
service; 5) The applicant shall provide an appropriate dumpster to handle the disposal of trash; this dumpster shall be screened and located according to Sanitation Division stan dards
prior to the issuance of the certificate of occupancy; 6) The site shall meet all Sani tation Division requirements, and the applicant shall maintain the property in a litter free condition;
7) All parts, tires and other materials used in conducting the
business shall be stored indoors; 8) All 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 within 60 days from the date of issu ance of the certificate of occupancy; and 9) As indicated in the applicant’s letter of October 27, 1995 when the residential
property to the east is developed, the applicant agrees to maintain a 30 foot wide wooded buffer or construct a masonry screen wall with landscaping in accordance with Code requirements,
to buffer the residential property to the east. The motion was duly seconded and carried unanimously.
3. R.C. Lawler, Inc/Gregory Vance Moore/Debra Ann Delemeester (The Kennel Klub Bar & Grill, Inc) to permit nightclubs, taverns and bars (change of business ownership) and package sales
of beer, wine, and liquor (new license) at 1400 Cleveland St, Knollwood Replat, Blk 1, Lots 1-4, zoned CG (Commercial General). CU 95-63
Ms. Glatthorn gave the background of the case and presented, in writing, staff recommendations. She stated the applicant wishes to open the Kennel Club with a 4COP liquor license in
the location of the former Cypress Pub, which had a 2COP license. It was noted this location abuts a residential zone and is 185 feet from a church zone in a retail complex that is
rapidly becoming vacant. Ms. Glatthorn explained many of the standards for approval are not being met. Staff expressed concern with an apparent indifference to the surrounding community
and felt this use could become a nuisance operation due to its proximity to the residential area. Concerns were expressed with the unsightly dumpster area and an unpermitted wall sign.
It was noted no objections were expressed by the Police, Traffic or Environmental departments.
Greg Moore, President of the Kennel Klub, stated he grew up in the community and is concerned with the feelings of his neighbors. He said his family and partners are extremely proud
of their business and support community functions. He said his neighbors are thrilled that he has cleaned up the property and support the operation. He distributed copies of a petition
with eight signatures in support and a copy of his restaurant menu. He said the business will attract families as well as an upscale clientele.
Mr. Moore said he has been through the responsible vendor program and plans to send his employees as well. He indicated he works closely with his landlord and plans to put up a fence
behind the establishment to discourage trespassers. He apologized for the appearance of the site during his recent remodeling and stated he will work with City sanitation to construct
the required dumpster screening.
Mr. Moore expressed concern with two suggested conditions regarding no live entertainment and a 10:00 p.m. closing time. He said he wished to have a piano playing quietly during dinner
and felt it was necessary to remain open until 2:00 a.m. to be competitive with similar establishments. He said he contracted with his sign company to take care of obtaining the necessary
permits. Staff is checking into that issue. He stated he and his partners will lose a substantial amount of money if the request is not approved. He asked for a six month trial period
to prove his business.
In response to a question regarding why so much money was spent before receiving the necessary approvals, Mr. Moore indicated he received approval that was later discovered to be in
error. Ms. Glatthorn clarified that zoning approval was given in error and the applicants were
notified when the mistake was discovered. She stressed the applicant was told he still needed to go for conditional use approval.
Lengthy discussion ensued regarding hours of operation, number of tables, and the liquor license.
One person representing the property owner spoke in support of the application. She said the previous tenant was allowed to stay open until 2:00 and she knew of no reason the applicant
should be restricted to a 10:00 p.m. closing. She said police activity in the area was associated with a nearby apartment complex, not as a result of operations on the subject property.
Mr. Moore submitted copies of a petition with eight signatures in support, one within 200 feet.
Four people spoke in opposition to the request, expressing concerns with selling alcoholic beverages in a residential neighborhood in proximity to a school and a church. While they
did not live within 200 feet of the proposal, they were members of the above referenced church. It was indicated the church has an ongoing problem with indigents drinking and using
the church grounds. It was felt opening another alcoholic beverage establishment would encourage more trespassing.
Two letters were submitted in opposition to the application; one from the church and one from Barbara Baxter dated October 25, 1995. Concern was expressed that Ms. Baxter, the only
resident within 200 feet who signed the petition in support also sent a letter in vehement opposition to the request. Mr. Moore said he spoke with her yesterday and she decided to support
his proposal when she saw what he was doing to improve the property.
It was noted no residents within the 200 foot radius, besides Ms. Baxter, expressed opinions. It was felt the reason was probably because the majority of the residences are rentals
and public hearing notices are only mailed to property owners.
Discussion ensued regarding a six month trial period, the police report of the previous establishment and the definition of a nuisance activity. Concern was again expressed with the
conflicting statement from Ms. Baxter.
Member Keyes moved to approve CU 95-63 subject to the following conditions: 1) There shall be no outdoor serving of alcoholic beverages, seating, entertainment or speakers, including
temporary events; 2) The applicant shall provide the personnel necessary to properly police the parking lot; 3) There shall be no customer accessible display areas for package sales;
4) The applicant shall relocate and screen the dumpster in accordance with the requirements of the sanitation division within 30 days of the date of this public hearing; 5) Sign permits
shall be obtained for all signs applicable to this business within 30 days of this public hearing; 6) The door located on the west side of the building shall be used for a fire exit
only, and marked accordingly within 30 days of the date of this public hearing; 7) This approval shall be for a six month trial period from the date of issuance of this public hearing
after which the application will be reviewed for compatibility with the surrounding uses of property; and 8) There shall be no package sales of alcoholic
beverages. The motion was duly seconded. Members Keyes and Bickerstaffe voted "Aye"; Members Merriam, Mazur, Nixon, Baron and Kunnen voted "Nay." Motion failed.
A question was raised whether the liquor license designation could be changed from 4COP to 2COP to allow the applicant to serve only beer and wine. Attorney Dougall-Sides pointed out
the license is a State designation and is usually specific to the conditional use application. To avoid the applicants having to file a new application, she suggested the Board consider
placing reasonable conditions on use of the license.
Member Nixon moved to approve CU 95-63 for on premise consumption of beer and wine only, subject to the following conditions: 1) There shall be no package sales, no serving of hard
liquor, no outdoor serving of alcoholic beverages, nor outdoor seating; 2) The applicant shall provide security personnel to police the parking lot between the hours of 10:00 p.m. and
2:30 a.m.; 3) There shall be no customer accessible display areas for package sales; 4) The appli cant shall relocate and screen the dumpster in accordance with the requirements of the
sanita tion division within 30 days of the date of this public hearing; 5) Sign permits shall be obtained for all signs applicable to this business within 30 days of this public hearing;
6) The door located on the west side of the building shall be used for a fire exit only, and marked accord ingly within 30 days of the date of this public hearing; and 7) This approval
shall be for a six month trial period from the date of issuance of this public hearing after which the application will be reviewed for compatibility with the surrounding uses of property.
The motion was duly seconded. Members Merriam, Keyes, Mazur, Nixon, Bickerstaffe, and Kunnen voted "Aye"; Member Baron voted "Nay." Motion carried.
D. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment and Local Planning Agency Review
Ms. Glatthorn briefly summarized what is being requested in each of the following items, D-1 through D-3. No one was present to speak in support or opposition.
1. 2021 Sunnydale Blvd, Clearwater Industrial Park, part of Lots 6 & 7 (Morgan Tire & Auto Inc. and Don Olson Tire & Auto Centers, Inc.) A 95-23; LUP 95-28
LUP: Industrial Limited
ZONE: IL (Limited Industrial)
Richard Bekesh, of Spring Engineering, was present to answer any questions regarding Item D 1 on behalf of the applicant.
Member Bickerstaffe moved to endorse Item D 1 to the City Commission. The motion was duly seconded and carried unanimously.
2. 7 Dorado Place, Sec 24-29-15, M&B 11.07 (Roy S. & Renae Sachse) A 95-24; LUP 95-29
LUP: Residential Low
ZONE: RS-4 (Single Family Residential)
Member Bickerstaffe moved to endorse Item D-2 to the City Commission. The motion was duly seconded and carried unanimously.
3. 20162 US 19, Sec 18-29-16, M&B 44.04 (Asa J. & Katherine G. Lewis) A 95-25; LUP 95-30
LUP: Residential Urban
ZONE: RM-8 (Multiple Family Residential)
Member Kunnen moved to endorse Item D-3 to the City Commission. The motion was duly seconded and carried unanimously.
Ms. Glatthorn briefly summarized the background of the following items, D 4 through D 10. She stated these properties are being rezoned as a result of eliminating the residential planned
development subcategory from the consistency plan.
No one was present to speak in support or opposition.
4. 2370 Dora Drive, Rolling Heights Sub, Lot 68. (Thomas E. & Helen J. Vernon) Z 95-09
ZONE: From RPD-D (Residential Planned Development) to RS-6 (Single Family Residential)
5. 601 Dora Drive, Rolling Heights Sub, Lot 21 (Frank J. & Minerva B. Antoniello) Z 95-10
ZONE: From RPD-D (Residential Planned Development) to RS-6 (Single Family Residential)
6. 1404 Orange Street, Sunny Park Groves, Blk G, Lot 17 (Carl B & Rachel J. Lowe) Z 95-11
ZONE: From RPD-E (Residential Planned Development) to RS-8 (Single Family Residential)
7. 1761 Cardinal Drive, Pinellas Terrace, Lot 68 less the south 3 ft. (Gerald L. & Christine M. Penhollow) Z 95-12
ZONE: From RPD-E (Residential Planned Development) to RS-8 (Single Family Residential)
8. 2353 Dora Drive, Rolling Heights Sub, Lot 8. (William R. Moberley) Z 95-13
ZONE: RPD-D (Residential Planned Development) to RS-6 (Single Family Residential)
9. 2377 Dora Drive, Rolling Heights Sub, Lot 12. (Beulah C. Bailey) Z 95-14
ZONE: RPD-D (Residential Planned Development) to RS-6 (Single Family Residential)
10. 1700 El Trinidad Drive, Virginia Grove Terrace, Blk 2, Lot 1. (Stephen M. Dutzar) Z 95-15
ZONE: RPD-E (Residential Planned Development) to RS-8 (Single Family Residential)
Member Kunnen moved to endorse Items D 4 through D 10 to the City Commission. The motion was duly seconded and carried unanimously.
E. Chairman's Items
Member Merriam noted a letter was received from the Kapok Pavilion stating they never received a list of names and addresses of property owners wishing to be notified of upcoming
special events. He also questioned if the Vinyl Museum at Gulf to Bay Boulevard and Hercules Avenue is in compliance with the sign code. Staff is to forward this request to the Community
Response Team.
Mr. Merriam also referred to a memo from Michael Quillen, Environmental Management, regarding tree concerns related to the Pace Tech Parking lot project. Mr. Quillen detailed the type
and poor condition of the trees to be removed. Member Nixon requested for this type of detail to be noted on site plans whenever trees are proposed to be removed. She pointed out it
would save lengthy discussion and information requests.
F. Director's Items
Ms. Glatthorn reported that staff researched grandfathering on the Fort Harrison Dimmitt property, in response to Board questions. She said for many years tenants doing business on
the property were obtaining their occupational licenses under one main address. As a result, they enjoyed the same grandfathering applied to the main property. Now, as parcels are split
off and leased separately, approvals must be obtained for certain portions of the operations which no longer fall under the grandfathering. Discussion ensued regarding how someone can
lease a portion of a larger property and still fall under the same grandfathering.
Ms. Dougall-Sides and Ms. Glatthorn explained how a particular use can be grandfathered through continuous licensing even when the ownership changes. Member Mazur expressed concern
regarding today’s approval of the body shop on the Dimmitt Cadillac property. He questioned if this would allow a freestanding auto body shop to remain if the Cadillac dealership moved.
Ms. Glatthorn responded it could, if it continues to operate as they are now.
Member Mazur suggested, if a secondary use is approved, the Board should consider a condition that if the primary use moves out, the secondary use cannot continue. Member Merriam noted
the Development Code Adjustment Board often restricts variance approval to a specific business. Discussion ensued regarding this issue and other instances were cited. Ms. Dougall-Sides
noted the Board can add conditions they feel are necessary to ensure meeting code requirements.
F. Board and Staff Comments
Member Kunnen requested clarification of an explanation of major and minor uses he received from staff. Ms. Glatthorn is to investigate.
Member Nixon expressed concern with blinding halogen lights being directed outward from commercial properties. She specifically referenced the new McDonald’s restaurant on Gulf to
Bay Boulevard and the Lokey property on Gulf to Bay Boulevard. She questioned if the Planning and Zoning Board’s site lighting requirements have been codified. Ms. Glatthorn responded
she would check on the status.
G. Adjournment
The meeting adjourned at 5:10 p.m.
Chair
Planning and Zoning Board
Attest:
Board Reporter