03/05/1996PLANNING AND ZONING BOARD
CITY OF CLEARWATER
March 5, 1996
Present:
Jay Keyes
Brenda Harris Nixon
Edward Mazur
Kemper Merriam
Bernie Baron
Frank Kunnen
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Scott Shuford
Leslie Dougall-Sides
Sandy Glatthorn
Gwen Legters
Central Permitting Director
Assistant City Attorney
Central Permitting Manager
Board Reporter
Absent:
Robert D. Bickerstaffe
Board Member
To provide continuity, items are listed in agenda order although not necessarily discussed in that order.
The meeting was called to order by the Chair at 2:00 p.m. in City Hall, followed by the Invocation and Pledge of Allegiance. He outlined meeting procedures and the appeal process.
Minutes Approval - February 20, 1996
Member Mazur moved to approve the minutes as submitted in writing to each member by the Board Reporter. The motion was duly seconded and carried unanimously.
B. Requests for Extension, Deferred and Continued Items
B1. Trial Period Review - Gerald S. Rehm Assoc., Inc. to permit vehicle service at 699 1/2 Lakeview Rd, Lake Belleview Addition, Blk 3, Lot 1, and the S 1/2 of vacated street on N,
Lots 2-4, and part of unnamed street on W, zoned IL (Limited Industrial). CU 95-32
Ms. Glatthorn stated the applicant has made progress toward upgrading the site and meeting the conditions of approval imposed on May 16, 1995. Staff recommended final approval.
Jeff Litton and Greg Rehm appeared on behalf of the applicant. Mr. Litton submitted nine snapshots and four enlarged photographs of the subject property. They addressed code enforcement
complaints regarding a dumpster, existing fencing, debris and outdoor storage, stating they have been working with City Code Inspector Janice King. Shade screening has been installed
voluntarily to block public view of the outdoor storage from all but the railroad side of the property. It was indicated they have asked the railroad to install no trespassing signs
to preclude public view from that angle. Ms. Dougall-Sides suggested a condition requiring complete enclosure of the outdoor storage area. One member requested the standard site lighting
condition, and questioned the open space requirement had been met as stated in condition #9. Mr. Rehm was not aware of that requirement and staff was asked to investigate and to work
with Mr. Rehm regarding additional fence screening.
No one was present to speak in support or opposition to the request.
Member Merriam moved to approve Item B1 subject to the 13 conditions of approval imposed May 16, 1995 plus: 14) Outdoor storage areas shall be completely enclosed by opaque fencing
(Note: Current gate screening was accepted by the Planning and Zoning Board); and 15) 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 prior to issuance of the requisite occupational license. The motion was duly seconded and carried unanimously.
B2. (cont. from 2/6/96) MEDEC/Delmar G. Ferguson to permit indoor storage and/or warehousing at 1585 S Ft Harrison Ave, Sec 21-29-15, M&Bs 44.22 & 44.23, and Oakhaven Sub, Lots 8, 9,
11-21 and proposed vacated streets, zoned CG (General Commercial). CU 96-02
Ms. Glatthorn stated staff recommends tabling this item until a tree survey and site plan can be brought forward. No one was present to speak in support or opposition to the request.
Member Mazur moved to table Item B2. The motion was duly seconded and carried unanimously.
C. Conditional Uses
C1. Ioannis & Eva Tagaras (M&M Motorsports, Inc) to permit outdoor retail sales, displays and/or storage for vehicle sales at 2241A Nursery Rd, Sec 19-29-16, M&B 33.03, zoned CG (General
Commercial). CU 96-11
Ms. Glatthorn stated the applicant wishes to use a portion of an existing building, creating indoor showroom space and displaying four vehicles outside. Staff did not feel the proposal
would negatively impact nearby properties and recommended approval with four conditions.
Donald McCarthy, the business owner, presented his request, reiterating staff’s report. Discussion ensued regarding plans for an outdoor pedestrian area subject to Traffic Engineering
approval.
No one was present to speak in support of the request.
Two citizens representing property directly behind the subject property, objected to the application. While expressing a long-standing good relationship and mutual respect with the
property owners, they did not feel the proposal will be compatible with the surroundings. Concerns were expressed with a shared driveway as the only access to both properties, overflow
parking, having no visual barrier between the properties and traffic congestion in the area. It was felt the proposal will negatively impact the professional character of the area.
Mr. McCarthy responded to the expressed concerns, stating ample drive through area exists and his vehicle display area will not be visible from the professional offices to the rear.
He said he has 25 years experience, his manager has 50 years experience, and they will
conduct the business professionally. He said they own the Shell service station next door where any service or repairs will be conducted. He indicated a well-appointed sales showroom
for up to seven cars and four to six cars displayed outside will comprise his operation on the subject property. He did not feel his activities would increase traffic congestion. In
response to a question regarding parking, it was indicated 18 spaces will be available for the public.
Board discussion ensued and it was felt used a car lot would not be compatible with the surroundings at this location.
Member Merriam moved to deny Item C1. The motion was duly seconded and carried unanimously.
C2. Sharpen Properties (Magical, Inc) to permit (automobile detailing) vehicle service at 1559 Gulf to Bay Blvd., Boulevard Pines, Blk B, Lots 1 & 2, zoned CG (General Commercial).
CU 96-12
Ms. Glatthorn stated the applicant has withdrawn the application because the new use will be less extensive and conditional use approval is not necessary.
C3. City of Clearwater (Drainage Pond) to permit (retention pond) utility facilities at 2447 Landmark DR, Sec 33-28-16, M&B 22.0111 and Landmark at Enterprise Sub, part of Lot 3, zoned
P (Preservation), OLD (Limited Office), and RS 6 (Single Family Residential). CU 96-13
Ms. Glatthorn stated approval of the request will allow construction of a retention pond required for the proposed Landmark Drive road extension. She pointed out the pond will not
be needed if the City Commission chooses not to proceed with the road extension. Staff recommended approval subject to conditions invalidating the conditional use if the road extension
does not occur. Clarification of condition #4 was discussed.
Christopher Focsan, City Engineering Department Project Engineer, distributed of drawings to the Board, giving an overview of the construction plan, construction drawings, and technical
specifications of the proposal. He said the subject property is a wetland purchased specifically for use as a retention pond. If the utility facility conditional use is not approved,
he said the City may build the retention anyway, for environmental reasons. He said DEP and SWFWMD permits are in place and the City is ready to start construction immediately upon Commission
approval. Mr. Focsan concluded his presentation with further explanation of design specifications.
No one was present to speak in support or opposition to the request.
Member Mazur moved to approve Item C3 subject to the following conditions: 1) The applicant shall obtain the requisite permits within one year of the date of this public hearing; 2)
The conditional use shall be subject to the annexation of the unincorporated property involved in this application; 3) The perimeter landscaping requirements of Sec. 42.27 shall be provided
within one year of the date of this public hearing, and such landscaping shall be continuously maintained thereafter; and 4) The conditional use shall be subject to City Commission approval
of the retention pond. The motion was duly seconded and carried unanimously.
C4. Kenneth L. Walker to permit manufacturing at 324 S Madison Ave, Mac Dixson's Sub, Lot 6, zoned UC(E) (Urban Center Eastern Corridor). CU 96-16
In a letter dated February 29, 1996, representative Harry Cline requested a six-week continuance, stating his client is attempting to purchase the property. The transaction has been
delayed due to a question regarding the current ownership. In response to a question, Ms. Glatthorn indicated granting a six-week continuance will require the applicant to pay for readvertising.
No one was present to speak in support or opposition to the request.
Member Mazur moved to continue Item C4 to the meeting of May 7, 1996. 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
D1. 1920 Soule Rd, Sec 05-29-16, M&B 24.05 & Robinwood Sub, Blk B, Lots 2 & 3 (dePaul School for Dyslexia/Jim Graham, A.I.A.) A 96-04
ZONE: OLD (Limited Office)
Ms. Glatthorn presented written background information, stating staff recommends endorsement.
Jim Graham, architect representing the applicant, submitted photographs of the subject property, explaining its history and surroundings. Originally approved for a 50 student school
two years ago, he said the approval lapsed and the property is to be sold as a professional office. He explained the site characteristics and proximity of surrounding uses make it unsuitable
for use as a residential lot. The current request is for an approximate 5,000 square foot office complex. No one was present to speak in support or opposition to the request.
Member Mazur moved to endorse Item D1 to the City Commission. The motion was duly seconded and carried unanimously.
D2. 1933 Summit DR, Skyline Groves, Lot 93 (Richard K. & Wanda J. Graham) A 96-06
ZONE: RS-8 (Single-Family Residential)
Ms. Glatthorn presented written background information, stating staff recommends endorsement. No one was present to speak in support or opposition to the request.
Member Mazur moved to endorse Item D2 to the City Commission. The motion was duly seconded and carried unanimously.
D3. On the North and South corridor of Landmark DR, Parcel #1: Dellwood Heights Sub, Blk A, Lots 1 & 2 together with the abutting right-of-way to the West of Lot 1, Parcel #2 Sec 09-29-16,
M&B 23.021 (City of Clearwater) A 96-07
ZONE: Parcel #1 OLD (Limited Office) and Parcel #2 IL (Limited Industrial)
Ms. Glatthorn presented written background information, stating staff recommends endorsement. No one was present to speak in support or opposition to the request.
Member Merriam moved to endorse Item D3 to the City Commission. The motion was duly seconded and carried unanimously.
D4. 1701 N Hercules Ave, Sec 12-29-15, pt of M&B 12.011 (City of Clearwater) A 96-09
ZONE: IL (Limited Industrial)
Ms. Glatthorn presented written background information, stating staff recommends endorsement. No one was present to speak in support or opposition to the request.
One member expressed concern regarding dumpsters and outdoor storage at this location. Ms. Glatthorn said she would forward the comments to the Solid Waste Division.
Member Mazur moved to endorse Item D4 to the City Commission. The motion was duly seconded and carried unanimously.
D5. 401 South Belcher Rd, Sec 18-29-16, M&B 23.11. (Gerry Staring/Natalie Moyles, Trustee) Z 96-02; LUP 96-01
LUP: From Residential Medium to Commercial General
ZONE: From RMH (Mobile Home Park) to CG (General Commercial)
Ms. Glatthorn presented written background information, stating staff recommends endorsement. No one was present to speak in support or opposition to the request.
A question was raised regarding whether the property had been offered for purchase by the residents.
Tom Nash, attorney representing the applicants, briefly explained the statutory tenant notification requirements, stated he will do what is required by law. He said park population
has declined through attrition and all but six of the remaining mobile homes are owned and leased by the park owner. He detailed the surrounding uses, stating he feels approval of the
request will allow the best use of the land in the future.
No one was present to speak in support or opposition to the request.
Member Nixon moved to endorse Item D5 to the City Commission. The motion was duly seconded and carried unanimously.
D6. Ordinance 5991-96 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 35.11, Code of Ordinances, to establish a definition for Convention
Center; providing an effective date.
Mr. Shuford presented written background information, stating staff recommends endorsement. No one was present to speak regarding the ordinance.
Member Nixon questioned if the Long Center is included in the definition. Mr. Shuford responded the Long Center is covered under a different Code section related to Civic uses.
Discussion ensued regarding sale and service of alcoholic beverages at the Harborview Center. Mr. Shuford said this ordinance will provide local clarification of what constitutes a
convention center.
Member Mazur moved to endorse Item D6 to the City Commission. The motion was duly seconded and carried unanimously.
E. Chairman's Items - None
F. Director's Items
1. Future Land Use Element - Evaluation and Appraisal Report
In the absence of additional Board comments or direction, Mr. Shuford reported staff will bring this item back once more, as part of the overall Comprehensive Plan amendments package.
2. Planning & Zoning Board Rules and Regulations - Discussion
Member Mazur suggested deleting the reference in Section 6d regarding tie votes on conditional uses. Because conditional use approval requires at least four affirmative votes, he pointed
out a tie vote could never result in more than three affirmative votes on a seven member board. New language in 6d Other Matters, is to read, “Aside from Conditional Use applications,
a A tie vote results in the denial of the application.”
Member Nixon requested changing language at the end of Section 6e Reconsiderations as follows “… in the best interest of justice the community.”
Member Kunnen moved to approve the Rules and Regulations as amended. The motion was duly seconded and carried unanimously.
G. Board and Staff Comments
Ms. Glatthorn reported staff measured perimeter landscaping at the Lokey site on South Fort Harrison and Lakeview Avenue and affirmed it does comply with standards. It was indicated
the contractor had requested to landscape at the same time as the property across the street, but is required to landscape now due to the Planning and Zoning Board complaint. She said
Environmental Management is working with a number of commercial parking lots to bring landscaping into compliance.
In response to another question, Ms. Glatthorn stated a transfer of development rights did not occur at Julie’s restaurant on the beach. She said a Unity of Title was declared with
the Americana hotel to meet density requirements and this vacant land will later be developed as parking for the hotel.
Ms. Glatthorn stated Environmental Management is researching Member Nixon’s tree pollarding question and hopes to report at the next meeting.
Member Nixon questioned a lack of trees and the blinding lights on the side of an auto sales lot on Gulf to Bay Boulevard. She also expressed a continuing concern with blinding lights
on three other commercial properties. Mr. Shuford affirmed trees are required in commercial landscaping schemes. He said blinding lights can be addressed as public safety issues and
he will investigate both concerns.
Member Nixon questioned if a conditional use for outdoor storage is needed for the silos behind the trade school at 601 South Fort Harrison. Staff will investigate.
In response to a question from Member Baron, Mr. Shuford said residential dwellings are allowed within offices in many office zoning districts.
Member Nixon reported she will not be attending the meeting of April 2, 1996.
H. Adjournment
The meeting was adjourned at 3:30 p.m.
Chair
Planning and Zoning Board
Attest:
Board Reporter