02/20/1996PLANNING AND ZONING BOARD
CITY OF CLEARWATER
February 20, 1996
Present:
Jay Keyes
Brenda Harris Nixon
Edward Mazur
Robert D. Bickerstaffe
Kemper Merriam
Bernie Baron
Frank Kunnen
Chair
Vice Chair
Board Member
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
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.
A. Minutes Approval -- February 6, 1996
Member Nixon requested language be changed on page 10, next to last paragraph, to indicate it is possible Tattletales reopened without change of ownership approval.
Member Merriam moved to approve the minutes as amended. The motion was duly seconded and carried unanimously.
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS -- None
C. CONDITIONAL USES
C1. Osama I. Khazendar (Nursery Amoco) to permit package sales only of beer and wine (new license) at 18698 US 19, Sec 19-29-16, M&B 41.12, zoned CH (Highway Commercial). CU 96-09
Ms. Glatthorn gave the background of the case and presented written staff recommendations. She stated the applicant wishes to sell beer and wine at the 24-hour gas station, previously
licensed for beer sales only. Staff recommended approval with three conditions.
Mr. Khazendar was present to address the Board. In response to a question, he stated he agreed with recommended staff conditions.
No one was present to speak in support or opposition to the request.
Member Bickerstaffe moved to approve Item C1 subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within 6 months of the date of this
public hearing; 2) All site lighting shall be equipped with a 90º cutoff mechanism, with the light being directed downward and away from adjoining residential properties and street rights-of-way
prior to issuance of the requisite occupational license; and 3) The access change on US Highway 19 will require FDOT approval. The applicant's parking and vehicular plan will be subject
to approval by the City Traffic Engineer prior to the issuance of a building permit. The motion was duly seconded. Members Keyes, Nixon, Bickerstaffe, Merriam, Baron and Kunnen voted
"Aye"; Member Mazur voted "Nay." Motion carried.
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW
D1. East side of Landmark Dr., Sec 33-28-16, M&B 22.0111 (City of Clearwater/Richard Baier). A 95-29
ZONE: RS-6
Ms. Glatthorn gave the background of the item and presented written staff recommendations. Staff recommended endorsement, stating the request appears to be supported by the Land Development
Code standards for approval.
No one was present to speak in support or opposition to the request.
Member Bickerstaffe moved to endorse Item D1 to the City Commission. The motion was duly seconded and carried unanimously.
D2. 2050 Sunnydale Blvd., Clearwater Industrial Park, part of Lot 2 (Tuthill Corporation/Hansen Plastics Division) A 96-03
ZONE: IL
Ms. Glatthorn gave the background of the item and presented written staff recommendations. Staff recommended endorsement, stating the request appears to be supported by the Land Development
Code standards for approval.
No one was present to speak in support or opposition to the request.
Member Bickerstaffe moved to endorse Item D2 to the City Commission. The motion was duly seconded and carried unanimously.
D3. 1501 Stevenson Dr., Stevenson's Heights, Blk D, Lot 5 (James L. Waters, TRE & Zonald E. Waters). A 96-05
ZONE: RS-8
Ms. Glatthorn gave the background of the item and presented written staff recommendations. Staff recommended endorsement, stating the request appears to be supported by the Land Development
Code standards for approval.
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. 1301 Woodbine St., Pine Ridge, Blk C, Lot 9 (James L. Waters, TRE). A 96-08
ZONE: RS-8
Ms. Glatthorn gave the background of the item and presented written staff recommendations. Staff recommended endorsement, stating the request appears to be supported by the Land Development
Code standards for approval.
No one was present to speak in support or opposition to the request.
Member Bickerstaffe moved to endorse Item D4 to the City Commission. The motion was duly seconded and carried unanimously.
D5. (cont. from 2/6/96) Ordinance 5963-96 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 42.06, Code of Ordinances, to provide for revised
requirements for Transfers of Development Rights (TDR); providing an effective date.
Ms. Glatthorn gave the background of the Ordinance and presented written staff recommendations. It was indicated TDR regulations and approval procedures are being amended to reflect
changes resulting from: 1) the elimination of City Commission receipt and referral for most site plans and plats; 2) the overall City goal to reduce regulation complexity; and 3) the
focus on reducing urban sprawl and promoting infill development. The ordinance simplifies staff review procedures while leaving with the City Commission the decision whether or not to
grant TDR’s. She noted housekeeping changes are needed in existing TDR language.
Mr. Shuford arrived at 2:30 p.m.
A question was raised regarding how a TDR request could go to the City Commission in the absence of a certified site plan. Mr. Shuford responded additional modifications to staff procedure
and the TDR ordinance are needed. Brief discussion ensued regarding two properties for which TDR’s occurred. In response to a question, Mr. Shuford was not aware of a possible third
location near Julie’s restaurant. He said he will check on this.
No one was present to speak in support or opposition to the request.
Member Kunnen moved to endorse Item D5 to the City Commission. The motion was duly seconded and carried unanimously.
D6. (cont. from 2/6/96) Ordinance 5970-96 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 42.21, Code of Ordinances, to provide for improved
clarity concerning the application of landscaping and parking standards for non conformities; providing an effective date.
Mr. Shuford gave the background of the Ordinance and presented written staff recommendations. He stated it is necessary to clarify the Code regarding property changes of use to ensure
parking and landscaping upgrades conform, regardless of previously existing nonconformities.
In response to a question, Mr. Shuford stated the new site lighting requirement is almost ready and agreed to add it to this ordinance.
Clarification was requested regarding repairs in excess of 50 percent of the structure’s appraised value. Mr. Shuford stated this refers to the value of the structure, without reference
to the land. A reference to the appraised value of the improvements was suggested for clarification. Mr. Shuford concurred, stating he also will add the definition of appraised value
to the ordinance.
No one was present to speak in support or opposition to the request.
Member Merriam moved to endorse Item D6 to the City Commission. The motion was duly seconded and carried unanimously.
D7. (cont. from 2/6/96) Ordinance 5971-96 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 35.11, Code of Ordinances, to revise the definition
for Utility Facilities to include Police Substations; amending Section 41.053, Code of Ordinances, to establish Conditional Use Permit Supplementary Standards of Approval for Utility
Facilities/Police Substation Subcategory Uses; amending Section 41.171, modifying caption to Table of Additional Requirements for Temporary Uses Table and clarifying that Temporary Parking
Lots are commercial lots are commercial only and adding a category and establishing requirements for Police Substation as Temporary Uses; providing an effective date.
Mr. Shuford gave the background of the Ordinance and presented written staff recommendations. He said an increasing trend in law enforcement is to provide community based policing.
He stated this ordinance will provide a mechanism by which temporary or permanent police substations can be established in any City zoning district.
No one was present to speak in support or opposition to the request.
Member Kunnen moved to endorse Item D7 to the City Commission. The motion was duly seconded and carried unanimously.
E. CHAIRMAN'S ITEMS- None
F. DIRECTOR'S ITEMS
F1. Rules & Regulations
This item was considered after Mr. Shuford’s departure at 3:40 p.m.
The Board read through the current rules, suggesting changes to numerous sections. Some of the topics discussed were election of officers, cancellation of meetings, abstentions, tie
votes, reconsiderations, time limits for continuances, and procedure for receiving public comments. Suggestions were made for editorial changes to punctuation and grammar. Ms. Dougall-Sides
will compile the changes and distribute amended rules for review and approval at the next meeting.
F2. Future Land Use Element / Evaluation and Appraisal Report (EAR)
Mr. Shuford explained the EAR was prepared in response to a State mandate that cities update their comprehensive plans every five years. The City of Clearwater asks its advisory boards
to act as citizen task forces to review elements of the plan with which their boards are concerned. He requested the Planning and Zoning Board review staff’s EAR on the Future Land
Use Plan element. He distributed copies of the report, reviewed a matrix outlining the status of 1989 goals, and the focus of the Future Land Use element Goals, Objectives and Policies
for the next five years.
Mr. Shuford responded to questions and discussion ensued regarding comparison of densities in other coastal cities, amendments to zoning district requirements, and community redevelopment
standards.
Discussion of goals continued with regard to mass transit, traffic flow, and traffic “calming” methods. Traffic calming on Harn Boulevard was offered as an example. While some members
supported traffic calming, others favored more strictly enforced speed limits for smoother traffic flow. Discussion ensued regarding goals related to the City’s natural resources, and
code amendments that more accurately reflect the community’s redevelopment standards.
Mr. Shuford requested the Board to carefully review the material, focusing on changes to the Future Land Use element. This item is to be agendaed for discussion at the next meeting.
G. Board and Staff Comments
In response to a question from Member Nixon, discussion ensued regarding the status of allowing mini bars in hotel/motels with 50 or more units. Mr. Shuford explained what was adopted
at the February 12 City Commission meeting. He distributed copies of a February 16 memo clarifying revisions to the alcoholic beverage ordinance. Ms. Nixon expressed concern converting
hotel/motel rooms to other uses will negatively impact tourism on Clearwater beach by reducing the number of available rooms. Mr. Shuford will follow up and provide additional information
at the next meeting.
Member Nixon expressed concern with cutting down trees to create parking lots, replacing the trees with insignificant landscaping. She referenced a specific property on Garden Avenue
where she felt this has occurred. She also requested a comparison of the City’s tree ordinance with those of the surrounding communities. Mr. Shuford said he will investigate and report
back to the Board. He stated he is looking at limiting the maximum amount of parking a developer may construct.
Mr. Shuford left the meeting at 3:40 P.M. Discussion ensued regarding Item F1.
Ms. Glatthorn provided updates on information requested by the Board at previous meetings. She stated the reopening of Tattletales on Gulf to Bay Boulevard did not require change of
ownership approval, due to a change of shareholding officers.
Ms. Glatthorn reported landscaping on the Lokey site at South Fort Harrison Avenue at Lakeview was approved by Environmental Management and a permit was pulled. She said the applicant
reported their site lighting is not in use. The Board questioned if a reduction in landscaping was approved contrary to the Board’s required condition of approval. Ms. Glatthorn will
investigate.
Regarding 601 South Fort Harrison Avenue, Ms. Glatthorn reported an outfit named World Housing operates a construction school. She said the observed after hours work was being done
on a mock building, to teach construction techniques to pupils. In response to a question, she stated trade school use is allowed in that zoning district.
Discussion ensued regarding a memo from Mr. Shuford requesting the Board to report code violations to Lt. Kronschnabl of the Community Response Team. Several Board members felt violations
of Board imposed conditions of approval should be reported by Central Permitting staff. They agreed to direct their observation of other violations to Lt. Kronschnabl. Ms. Dougall-Sides
cautioned, if Board members often publicly complain about the activities of particular applicants, it could compromise the future public hearing process for those applicants.
H. Adjournment
The meeting adjourned at 4:30 p.m.
Chair
Planning and Zoning Board
Attest:
Board Reporter