03/19/1996PLANNING AND ZONING BOARD
CITY OF CLEARWATER
March 19, 1996
Present:
Jay Keyes
Brenda Harris Nixon
Robert Bickerstaffe - arrived 2:15 p.m.
Kemper Merriam
Bernie Baron
Frank Kunnen
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Leslie Dougall-Sides
Sandy Glatthorn
Gwen Legters
Assistant City Attorney
Central Permitting Manager
Board Reporter
Absent:
Edward Mazur
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.
A. Minutes Approval - March 5, 1996
Member Nixon corrected page 7, paragraph 1 to indicate perimeter landscaping at the Lokey site on South Fort Harrison and Lakeview Avenue does comply with standards. At the request
of Member Merriam, Ms. Nixon amended page 7 paragraph 4 to read “the blinding lights on the side of an auto sales lot on Gulf to Bay Boulevard.”
Member Nixon moved to approve the minutes as amended. The motion was duly seconded and carried unanimously. Member Bickerstaffe was not present.
B. Requests for Extension, Deferred and Continued Items
Rezoning the downtown zoning districts as follows:
1. UC(C)1: Bounded on the North by Jones Street, on the East by Garden Avenue, on the South by Rogers Street, and the West by Osceola Avenue.
UC(C)2: Bounded on the North by Jones Street, on the East by Myrtle Avenue, on the South by Turner Street, and the West by Garden Avenue.
UC(E)1: Bounded on the North by Drew Street, on the East by Greenwood Avenue, on the South by Turner Street, and the West by Myrtle Avenue.
UC(E)2: Bounded on the North by NE Cleveland Street, on the East by Frederica Avenue, on the South by Court Street, and the West by Greenwood Avenue.
Ms. Glatthorn stated staff has requested a continuance to April 16 for this item, and the related ordinance in Item D3.
Member Merriam moved to continue Items B1 and D3 to April 16, 1996. The motion was duly seconded and carried unanimously.
2. (Trial Period Review) Kapok Pavilion L Ltd/Kapok Pavilion, Inc. to permit on-premise consumption and package sales of beer, wine and liquor (business ownership change) at 923 McMullen
Booth Rd, Sec 09-29-16, M&B 31.01 together with Del Oro Gardens, Lots 17, 18, 31-36, 44-46, 51, and part of Lot 52, zoned CG (General Commercial). CU 94-47
In a letter received March 18, 1996, applicants’ representative Pamela Keris requested a continuance to April 2, 1996. She was not able to attend today’s meeting due to an emergency.
It was announced several citizens had arrived to speak to this item, but did not stay after they learned of the continuance request.
Pamela Bass, resident of the Del Oro subdivision, remained to speak in opposition. She expressed concerns activities at this facility create problems with vandalism, noise, traffic,
parking, and public safety in the neighboring Del Oro Subdivision.
Member Kunnen moved to continue Item B2 to the meeting of April 2, 1996. The motion was duly seconded. Member Nixon reported she will not be in attendance on April 2. The motion carried
unanimously.
C. Conditional Uses
1. Stephen G. Beneke/Tri High Corp/Jamil Salhab (Wanna Save) to permit package sales of beer and wine (business ownership change) at 1362 Cleveland St Overbrook Sub, Blk 1, Lots 8-11,
zoned CG (General Commercial). CU 96-14
Ms. Glatthorn presented written background information, stating the applicant is seeking change of ownership approval to operate an existing convenience store. Parking, landscaping
and dimensional constraints exist on the site. No changes in the establishment or the site are proposed. Staff felt conditions support the request and recommended approval with three
conditions.
Jamil Salhab, the business owner, gave a brief history of this former PickKwik site and stated he is to move in on April 1. He said he has owned and managed another similar operation
at 1495 South Greenwood Avenue for five years. He said he has had no problems with police or the community and his record indicates he has never sold cigarettes or alcohol to minors.
He said he tries to clean up the neighborhood by discouraging drug trade in the vicinity and will continue these efforts at the new location.
No one was present to speak in support or opposition to the request. Clark Hubbard, owner and operator of the Idle Spur Saloon, 1351 Cleveland Street, addressed the Board. He noted
the staff report states no other package sales establishments are within 500 feet. He stated his business is located diagonally across the street from the subject property, and he has
operated with a 4COP package sales license since 1989. He indicated the only
problems of which he was aware were caused by people who buy twist-off top alcoholic beverage containers.
Member Kunnen moved to approve Item C1 subject to the conditions as recommended by staff. There was no second.
Ms. Glatthorn circulated a copy of an extensive police report for this location, received after the Board packets were mailed. Concern was expressed regarding a reference to an obstruction
of justice arrest. Discussion ensued regarding whether this criminal complaint against Mr. Salhab precludes conditional use approval. Mr. Salhab said he was not convicted and thought
the matter was settled. It was not known if the police knew about this arrest before approving the application. He reiterated how the way he manages his business improves the community.
Ms. Dougall-Sides stated obstructing justice is referenced as one of the special conditions that could subject the applicant to denial, if a conviction or no contest plea resulted.
She recommended continuing the item to obtain a police report of that incident. Staff was requested to break down the report to reflect how many calls were to the adjacent laundromat.
One member requested copies of police calls to the Greenwood Avenue location before and after Mr. Salhab assumed operation.
Member Baron moved to continue Item C1 to April 2, 1996, to obtain additional information from the police regarding the subject property and Mr. Salhab’s Greenwood Avenue business.
The motion was duly seconded and carried unanimously.
2. Erika L. Barrett Living Trust (Commonwealth Shopping Center) to permit outdoor retail sales, displays and/or storage of vehicles at 18481 US 19, Sec 20-29-16, M&B 33.02, zoned CC
(Commercial Center). CU 96-15
Ms. Glatthorn presented written background information, stating the applicants wish to operate a car rental business in a shopping center. Staff felt conditions support the request
and recommended approval with two conditions.
Joseph Rodi appeared on behalf of the owner and applicant. No one was present to speak in support or opposition to the request.
Member Kunnen moved to approve Item C2 subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and occupational license
within 6 months of the date of this public hearing; and 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 streets rights-of-way prior to issuance of the requisite occupational license. The motion was duly seconded and carried unanimously.
3. Tone 40 Ltd/Matthew L. Feshbach/Ray & Kim Cassano Enterprises (Renegade Outfitters) to permit vehicle service at 628 Cleveland St Gould & Ewing's 2nd Addition, Blk 19, Lot 11 and
part of Lot 12, zoned UC(C) (Urban Center Core) CU 96-17
Ms. Glatthorn presented written background information, stating the applicants wish to service and repair motorcycles at their retail facility. Staff felt conditions support the request
and recommended approval with five conditions.
April Stone and Jack Kirschmann addressed the Board, distributing copies of a booklet detailing their proposal. They indicated the business caters to upper class Harley-Davidson motorcycle
enthusiasts. Ms. Stone stated the vehicle service area will be located on the ground floor of the three story building. Service will consist primarily of bolting on after market accessories
such as side mirrors. She circulated a sample mirror.
Lengthy discussion ensued regarding the level of service to be provided. Several members expressed concern with the potential noise impact of tuning, testing and repairing motorcycle
engines in a downtown retail area. Ms. Stone said customers request oil changes or tune-ups occasionally, but motorcycles are not started inside the building and no engine work is to
be done at this facility.
In response to questions, Ms. Stone said the indoor service area has capacity for three motorcycles and none will be stored outside. She did she not object to a condition limiting
service hours. She said two professional offices occupy the third floor of the building and they are very aware of their neighbors’ comfort.. Ms. Stone said their activities benefit
the community and they wish to be an asset to downtown.
Jerry Hearst, a local business owner, spoke in support of the application. He was pleased to see serious commercial investors in downtown. He said the personnel are agreeable and
the service is professional. He encouraged the Board to approve efforts to pilot businesses in downtown.
No one was present to speak in opposition to the request.
Board discussion ensued regarding the service operation. While some felt it necessary to prohibit engine repairs, it was indicated a condition restricting engine testing would adequately
address the noise concern.
Member Nixon moved to approve Item C3 subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and 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 streets rights-of-way prior to issuance of the requisite occupational license; 3) There shall be no outdoor storage or service, and no inoperable vehicles
shall be stored on the site for any longer than 24 hours; 4) There shall be no major repairs involving transmission dismantling, painting, fender or body work and no engine testing;
and 5) All parts, tires and other materials used in conducting the business shall be stored indoors. The motion was duly seconded and carried unanimously.
4. Tone 40 Ltd/Matthew L. Feshbach/Ray & Kim Cassano Enterprises (Renegade Cafe) to allow nightclubs, taverns, and bars (new license) and to allow a cafe occupying over 10% of gross
floor area of a retail complex at 628 Cleveland St Gould & Ewing's 2nd Addition, Blk 19, Lot 11 and part of Lot 12, zoned UC(C) (Urban Center Core) CU 96-18
Ms. Glatthorn presented written background information, stating the applicant wishes to operate a cafe on the second floor of Renegade Outfitters, the business described in Item C3,
above. She outlined the alcoholic beverage license and floor area ratio requirements. Staff felt conditions support the request and recommended approval with three conditions.
Jack Kirschmann, representing the applicant, distributed copies of a booklet detailing the proposal. He stated he has experience in other restaurants and currently operates Cooters
on Clearwater beach. He said he has lived and worked in the City for about eight years. He has worked closely with several City departments and looks forward to a continuing relationship.
Discussion ensued regarding the proposed menu.
Jerry Hearst spoke in support of the restaurant facility for the revitalization of downtown. He indicated no expense was spared in remodeling the cafe area. He felt the theme will
draw customers as a landmark or tourist destination. He said he visited an establishment like this in another state and found business was booming.
No one was present to speak in opposition to the request.
Member Bickerstaffe moved to approve Item C4 subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and 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 streets rights-of-way prior to issuance of the requisite occupational license; and 3) There shall be no outside entertainment or speakers associated with the
establishment. The motion was duly seconded and carried unanimously.
5. Charles W. Finegan, TRE. (Devoe Paints) to permit manufacturing at 108 N Myrtle Ave Gould & Ewing's 2nd Addition, Blk 16, Lots 12-22, zoned UC(C) (Urban Center Core) CU 96-19
Ms. Glatthorn presented written background information, stating the applicant wishes to permit manufacturing of staircases on the subject property. Staff felt conditions support the
request and recommended approval with four conditions.
Charles Finegan stated he owns the property and operated his paint store business continuously from 1977 until he sold the business to Devoe about a year ago. Devoe moved out and Mr.
Finegan wishes to lease the vacant property to Henry Ferry Stair Company. He explained the conditional use will allow manufacturing of wooden staircases. In response to a question
regarding truck deliveries, Mr. Finegan said the site has a loading dock with facilities for five semi-tractor trailers.
Henry Ferry stated he owns and operates the stair company. He said his business has outgrown his current building located across the street from the subject property. He explained
the location, showroom, loading dock, additional parking, and room for expansion, are ideal for his use. He said all manufacturing activities will take place inside the building.
No one was present to speak in opposition to the request.
Member Kunnen moved to approve Item C5 subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and 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 streets rights-of-way prior to issuance of the requisite occupational license; 3) All activities for the proposed use shall occur indoors. All materials used
in conducting the business shall be stored indoors; and 4) The site shall meet all Solid Waste Division requirements, and the applicant shall maintain the property in a litter free condition.
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. 1330 Parkwood St, Pine Ridge Sub, Blk A, Lot 18 (Andrew J. & Sherry L. Labus) A 96-10
ZONE: RS-8 (Single Family Residential)
Ms. Glatthorn presented written background information. The applicant requested to annex for sewer service and staff recommended endorsement. No one was present to speak in support
or opposition to the request.
Member Kunnen moved to endorse Item D1 to the City Commission. The motion was duly seconded and carried unanimously.
D2. 1231 N Hercules Ave, Sec 12-29-15, M&B 13.06 (Daniel M. & Annette Macre) A96-11
ZONE: IL (Limited Industrial)
Ms. Glatthorn presented written background information. The applicant requested to annex for sewer service and staff recommended endorsement. No one was present to speak in support
or opposition to the request.
Member Kunnen moved to endorse Item D2 to the City Commission. The motion was duly seconded and carried unanimously.
D3. (cont. from 2/6/96) ORDINANCE 5962-96 of the City of Clearwater, Florida, relating to the Land Development Code; amending Division 26 of Chapter 40, Code of Ordinances, to provide
for revised development standards in the Urban Center District; providing an effective date.
This item was continued to April 16, 1996, at the request of staff.
E. Chairman's Items -- None
F. Director's Items
Ms. Glatthorn referred to a March 13 memo and ordinance draft from Mr. Shuford regarding rebuilding nonconforming structures that are damaged in excess of fifty percent of
their value. Discussion ensued regarding appraised value, fair market value, and estimated value. A question was raised regarding whether the calculations refer to the value of improvements
before or after the damage. Hypothetical examples were discussed. Staff will relay the Board’s suggestions to Mr. Shuford.
Ms. Glatthorn reported the City Clerk requested clarification of the motion to approve a conditional use for E’s Auto Detailing, to permit vehicle service/auto detailing at 510 Pine
Street, on October 17, 1995. A question was raised regarding whether a second six month trial was imposed. Consensus was the application had been approved without a second trial period
review.
Ms. Glatthorn reminded the Board of the Advisory Board Appreciation dinner on April 2 and asked them to return their response cards. Ms. Nixon said she will not be able to attend.
G. Board and Staff Comments
Member Merriam expressed concern with discussion at the last meeting regarding tie votes for conditional uses resulting in automatic denial. It was noted Section 6C of the Planning
and Zoning Board Rules and Regulations, requires concurrence by at least four members to approve conditional use applications. It was indicated only 2-2 or 3-3 ties are possible on
a seven member board. In neither case could four affirmative votes be cast as required by the Board rules.
Discussion ensued regarding an additional language amendment regarding ties votes. Member Keyes requested adding language to the effect that an applicant has the right to ask for a
continuance to appear before a full board. Some felt this was standard practice and not necessary in the rules. Ms. Dougall-Sides will draft language for review at the next meeting.
Staff was asked to notify Kapok Pavilion personnel and Del Oro residents about the possibility of a continuance due to one member being absent from the April 2 meeting.
Member Merriam stated, when making a motion to deny an application, the reasons for denial should be stated for the record. Other board members agreed.
Member Nixon expressed concern with citizens calling board members to discuss matters scheduled before the board, prior to public hearings. She requested written direction or notification
to citizens that board members are not allowed to participate in ex parte communications. Ms. Dougall-Sides said the Legal department is drafting procedures for quasi-judicial hearings.
She said direction will be codified regarding staff, board and public communications, and copied to each board. In response to a question, Ms. Dougall-Sides said the City Commission
is under the same direction when they sit as a quasi-judicial body. Ms. Dougall-Sides indicated board members should not visit the sites, in the strictest interpretation of the rule.
Board members strongly disagreed, stating it is not possible to make intelligent, informed decisions without physically observing the site conditions.
H. Adjournment
The meeting adjourned at 4:00 p.m.
Chair
Planning and Zoning Board
Attest:
Board Reporter