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12/17/1996PLANNING AND ZONING BOARD CITY OF CLEARWATER December 17, 1996 Present: Brenda Harris Nixon Edward Mazur Kemper Merriam Robert D. Bickerstaffe Bernie Baron Frank Kunnen Douglas Hilkert Acting Chair (arrived 2:02 p.m.) Board Member Board Member Board Member Board Member Board Member Board Member   Leslie Dougall-Sides Sandy Glatthorn Gwen Legters Assistant City Attorney Planning 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 at 2:00 p.m. in City Hall, followed by the Invocation and Pledge of Allegiance. The Chair outlined meeting procedures and the appeal process. Minutes Approval -- December 3, 1996 The board approved the minutes as submitted in writing to each member by the Board Reporter. B. Time Extensions, Deferred and Continued Items B1. Time Extension Request for conditional use for Michael E. Lewis, Trustee for James E. Brasford to permit wholesaling/distributing at 1315 Cleveland St. CU 96-05 In a letter dated November 20, John S. McAvoy requested a time extension for his conditional use permit, granted January 9, 1996, due to delays in receiving escrow monies for proposed renovations. Member Bickerstaffe moved to approve Item B1, CU 96-05, for a time extension expiring one year from the date of this public hearing. The motion was duly seconded and carried unanimously. C. Conditional Uses C1. Ellis & Co. Ltd/White Dog Inc. (Bob’s Service Center) to permit package sales of beer and wine (new license) at 2201 Gulf to Bay Blvd., Sec 18-29-16, M&B 32.04, zoned CG (General Commercial). CU 96-66 Mr. Hilton presented background information and written staff recommendations. He stated the applicant is requesting conditional use approval to permit package alcoholic beverage sales of beer and wine at a service station. The Planning and Zoning Board approved a similar request for this property on February 15, 1994, but the separation variance was denied by the City Commission on March 3, 1994. In response to a question, Mr. Hilton said the code has been amended since the previous application, and the separation distance no longer applies. Robert Campbell, the business owner, stated he purchased the business in November 1995, and has operated at a loss each month. Although he does not want to sell alcoholic beverages, he feels it is necessary to become competitive with the surrounding businesses for economic survival. Art Campbell, the applicant’s brother, stated he has been working on an economic feasibility study to improve the business. He discussed future plans for improving the business at this leased location, stating his brother pays more than $7,000 in annual property taxes. He surveyed business locations with alcoholic beverage sales along Gulf to Bay Boulevard, and found many are large chain operations that are supported by multiple locations. Responding to a previous concern with a high incidence of traffic accidents in the vicinity, he said the accidents were caused by the busy intersection at Gulf to Bay Boulevard and Belcher Road, not by alcoholic beverages. Robert Campbell responded to questions, stating he was aware the business did not sell alcoholic beverages when he bought it. He did not study the feasibility of a successful business without alcoholic beverage sales. He reiterated he is opposed to selling alcoholic beverages, but must do so to stay in business. His existing convenience store merchandise consists of snack items, soda, and candy. No verbal or written support or opposition was expressed. Board discussion ensued. One member strongly opposed alcoholic beverage sales in an establishment that sells gasoline, stating it is not proper nor in the community’s best interest. One member noted the decisions to allow alcoholic beverage sales at the neighborhood properties were not likely to have been approved unanimously. It was indicated few, if any, gas stations in the vicinity have alcoholic beverage sales. One member said it is not fair to restrict applications for alcoholic beverage sales in certain establishments without eliminating all such situations. It was reiterated the applicant purchased the property while knowing it did not have alcoholic beverage sales. Member Bickerstaffe moved to approve Item C1, CU 96-66 as requested, subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and occupational license within six months from 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 street rights-of-way prior to issuance of the requisite occupational license. Members Bickerstaffe, Merriam, Kunnen, and Hilkert voted "Aye"; Members Nixon, Mazur, and Baron voted "Nay." Motion carried. C2. Vernon L. Dokken, TRE to permit vehicle service at 1409 S. Missouri Ave., Addition, Blk A, Lot 8 and part of Lot 7, zoned CG (General Commercial). CU 96-67 Mr. Hilton presented background information and written staff recommendations. He stated the applicant wishes to conduct vehicle service. Staff felt conditions support the request and recommended approval with two standard conditions, plus a condition prohibiting outdoor storage and major vehicle repairs. Daryl Dean, representing the applicant, said he wishes to run an auto service center. The building was constructed for auto service, but was later used as a carpet store. He requested clarification of staff’s third condition, and a definition of major repairs. Mr. Dean stated he does not do the types of work listed in the code, except for exhaust work and brakes. All work is conducted inside the building. Lengthy discussion ensued regarding how to amend the language of the suggested condition to meet code, and allow general repairs, while prohibiting large body work and outdoor parts storage. No verbal or written support or opposition was expressed. Member Hilkert moved to approve Item C2, CU 96-67 as requested, subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and occupational license within six months from 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; 3) The request shall comply with Section 41.053(34): All tires, parts and similar objects shall be stored in a building or other enclosed structure; Major repairs, including engine or transmission dismantling, painting, body, fender, top and upholstery work, shall not be allowed; 4) The applicant may do exhaust work, including muffler replacement, and brake replacement; 5) All work shall be done indoors; and 6) No outdoor storage or service shall be allowed, and no inoperable vehicles shall be stored outside longer than 24 hours. The motion was duly seconded and carried unanimously. C3. Frank C. Kunnen, Jr./Kan-Do Marine Research & Products Inc., (Clearwater 19 Commerce Park) to permit amendments to conditions of approval for vehicle service and outdoor retail sales, display, and/or storage at 22067 US 19, Clearwater 19 Commerce Park, Lot 1, zoned IPD (Industrial Planned Development). CU 96-68 Member Kunnen declared a conflict of interest regarding this case. Mr. Hilton presented background information and written staff recommendations. He stated the applicant is seeking to amend conditions of approval imposed in conjunction with a November 17, 1992 conditional use approval for vehicle services and outdoor retail sales, displays and storage. Staff has thoroughly and comprehensively discussed the proposed amendments with the applicant and his representative. Staff felt conditions support the request and recommended approval with amended conditions as listed in the staff report. Concern was expressed regarding 1992 condition #3 requiring discontinuance of outdoor retail sales, storage or display within a specified time frame. Mr. Hilton stated staff recommended deletion of that condition, as having placed an unnecessary burden on the applicant. As the City is not involved in FDOT land takings, it was indicated a condition restricting construction in certain corridors may not be appropriate. Tim Johnson, attorney representing the applicant, profiled the property’s zoning history and allowable uses under the former and current zoning. He said the decision to request deletion of original condition #3 brought about scrutiny of the remaining conditions. He explained the condition amendments and rationale for each. He submitted proposed changes to two of staff’s recommended conditions, regarding timing for meeting perimeter landscaping requirements along US 19, and listing boats separately from motor vehicles in the description of allowable outdoor displays. Mr. Hilton noted Central Permitting Director Scott Shuford felt the required perimeter landscaping along US 19 should be installed soon, without waiting for permits or future site development. Mr. Johnson expressed concern with adding staff’s recommend site lighting condition, because of this property’s location along US 19, the existence of standard Florida Power street lights, and the absence of adjacent residential areas. Board discussion ensued. One member expressed concern with the landscaping requirement for trees in front of commercial sites because of the potential for blocking the view of the businesses from the street. Others did not share the feeling the landscaping code is detrimental to businesses. Discussion ensued regarding the site lighting condition. It was indicated the intent is to avoid lighting that glares and/or disorients drivers. Mr. Johnson felt requiring a 90º cutoff mechanism does not achieve the board’s aim to eliminate glare. Discussion ensued regarding rewording the condition to avoid unduly impacting motorists. Concern was expressed a large residential development to the south may be impacted by site lighting on the subject property. Mr. Johnson said the backs of the adjacent apartment buildings are enclosed by a wall. One member felt the standard site lighting condition should not be amended for this request, to avoid the appearance of favoritism to a board member. Another member expressed concern with a site lighting condition, when such a standard is not enforced city-wide. Some felt a site lighting condition is needed for new uses until a lighting ordinance can be adopted. One member felt, as the request is to amend 1992 conditions of approval and site lighting was not a standard condition in 1992, the condition should not be added after the fact. He felt site lighting restrictions should be limited to areas where glare has the potential of adversely affecting the surrounding uses. He expressed difficulty with defining and enforcing 90º cutoff devices, and doubted the importance of directing lighting downward. One member questioned staff’s new condition #4 requiring a site plan showing landscaping, outdoor use areas and paving. Ms. Glatthorn clarified that condition was carried over from #2 of the original conditions. As the condition has been met, it may be deleted at the board’s discretion. In response to a question, Mr. Hilton said the Planning and Zoning Board and City Commission have approved the site plan. The necessary minor adjustments can be made at the staff level and new approval will not be required. Ms. Glatthorn stated the request before the board is to amend the conditions of approval to clarify staff’s records, not to amend the site plan. One member expressed concern with allowing construction in corridors scheduled for FDOT taking. It was indicated such construction has the potential to cost the taxpayers and State a lot of money in compensation to the property owner. Discussion ensued with regard to amending staff’s proposed new conditions. Mr. Hilton reiterated staff has reviewed this issue with the applicant at length, and feels the listed conditions are appropriate. Board approval will officially authorize the amendments. Member Hilkert moved to approve Item C3, CU 96-68 as requested, subject to substituting 11/17/92 conditions of approval with the following conditions: 1) All site lighting shall be directed away from adjoining residential properties and streets rights-of-way prior to the issuance of any requisite occupational license, or within 90 days of the date of this public hearing; 2) The property owner shall meet all perimeter landscaping requirements along US Highway 19, including the tree requirement for the front yard area of the IPD; 3) Vehicle service shall be permitted on the subject property, provided that all vehicle service activities and storage of parts shall be indoors; 4) A site plan showing proposed location and type of storage and/or display, landscaping, and structures shall be submitted for approval and landscaping and paving associated with the approved site plan shall be installed prior to the initiation of any outdoor retail sales, storage, or display use (this condition has been met); 5) All outdoor display areas shall be limited to the display of (1) automobiles, (2) boats, and (3) motor vehicles, including recreational vehicles and light trucks, and shall be paved; 6) Vehicle body work shall be prohibited anywhere on the property; and 7) There shall be no outdoor storage or service of inoperable vehicles outside, for any longer than 24 hours. Members Nixon, Mazur, Bickerstaffe, Merriam, Baron, and Hilkert voted "Aye"; Member Kunnen abstained. Motion carried. C4. Discount Auto Parts, Inc./Garat Oates (Famous Cigars) to permit nightclubs, taverns, and bars; and package sales-gift baskets at 25032 US 19, Sec 31-28-16, M&B 44.02, zoned CH (Highway Commercial). CU 96-69 Mr. Hilton presented background information and written staff recommendations. He stated the applicant wishes to convert the use of an existing building from a Discount Auto Parts store to a “cigar tavern” with on premise alcoholic beverage consumption and package sales of alcoholic beverages in gift baskets. Entertainment will include small jazz bands. Staff felt conditions support the request and recommended approval with four conditions. Garat Oates and Al Salazar explained they wish to create an upscale, cigar-friendly lounge and cigar retail business, accommodating 150 patrons. No verbal or written support or opposition was expressed. One member raised questions regarding the shopping center location, proximity to adjacent residential areas, parking calculations, parking lot ingress/egress, and landscaping requirements. It was indicated a recent proposal to build an adjacent Computer City store drew numerous complaints from the adjacent condominium complex about the negative impacts from the shopping center property. Mr. Hilton said all property owners within 500 feet were notified of the hearing. He did not know how many of those who received notification of today’s hearing were condominium owners who had previously expressed concerns regarding the shopping center location. Mr. Oates responded to questions regarding parking provision and ingress/egress to meet code. Concern was expressed, while the road shoulder is wider, a no deceleration lane is provided to allow traffic to safely enter the property from US 19. Mr. Oates said he understood the lease-purchase agreement with Discount Auto Parts includes adequate provision for ingress/egress. General discussion ensued regarding shared drives, cross parking and internal traffic circulation of the subject, and surrounding properties. Mr. Hilton noted the City Traffic Engineer recommended parking remain as approved for Discount Auto Parts. He will ask the Traffic Engineer to ensure safe ingress/egress and turning radii are provided. Landscaping will be installed throughout the project to create a lush, high class appearance. Member Mazur moved to approve Item C4, CU 96-69 as requested, subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and occupational license within six months from 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; 3) The applicant shall meet the landscape requirements of the Land Development Code; and 4) The applicant shall obtain a parking variance or otherwise meet the parking requirements. The motion was duly seconded and carried unanimously. C5. Everybody’s Tabernacle, Inc., (Homeless Emergency Project, Inc.) to permit a residential shelter at 1260 Engman St., Fairburn Addition, Blk A, Lots 1 & 2, zoned CI (Infill Commercial). CU 96-70 Mr. Hilton presented background information and written staff recommendations. He stated the applicant wishes to construct a 16-unit multi-family residential complex for low income families. The proposal will replace twelve aging mobile homes currently used to house clients of the facility. He related the zoning, density, and conditions existing on the subject property and surrounding area. He distributed copies of the site plan. Staff felt conditions support the request and recommended approval with two standard conditions. Barbara Green, administrator for the Homeless Emergency Project, stated they wish to construct three concrete block and stucco buildings containing 16 apartment units. Two of the twelve mobile homes have been moved. In response to questions, she said the remaining mobile homes and other buildings on the property are used for offices, storage, and laundry facilities. Member Merriam moved to approve Item C5, CU 96-70 as requested, subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and occupational license within 12 months from 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 street rights-of-way prior to issuance of the requisite occupational license. 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. 2121 Calumet St, Clearwater Industrial Park, part of Lot 17 (Chester R. Buettner & Carl E. Kinkead). A 96-28 ZONE: IL (Limited Industrial) Ms. Glatthorn presented written background information, stating staff recommends endorsement of annexation to obtain City sewer service. Chester Buettner, the owner/applicant, stated he owns a welder’s supply business in the proposed town lake area. He wishes to relocate prior to any action by the City. He requested a 120-day extension of his requested annexation, to allow time to finish construction in process, using the Pinellas County permits he has obtained. Ms. Glatthorn said the City Building Administrator and City Clerk have indicated there is no problem allowing Mr. Buettner to continue his current construction project with Pinellas County inspections. Staff will work with the applicant while the ordinance proceeds through first reading. Second reading can be delayed, if necessary, to allow him to complete work in progress prior to annexation. Member Mazur moved to endorse Item D1, A 96-28 to the City Commission. The motion was duly seconded and carried unanimously. D2. 1310 N. Hercules Ave., Hercules Industrial Park, Lots 33-35; 34-39, and Marymont Replat, part of Tract A and vacated street (James T. Walker & Margaret W. Word, TRE/Metal Industries, Inc.) A 96-29 ZONE: IL (Limited Industrial) Ms. Glatthorn presented written background information, stating staff recommends endorsement of annexation to obtain City sewer service. Howard Loy appeared on behalf of the applicant. He said the application was correctly advertised in the public hearing notice, but lots 37-39 were inadvertently omitted from the staff report. It was indicated the file does not contain an affidavit of authorization for Mr. Loy to present the case. Mr. Loy said he did not bring his affidavit of authorization because he had been informed representation is not required. Ms. Dougall-Sides affirmed representation is required for all applications except single-family annexations. Rather than continue the item, it was suggested to proceed with endorsement subject to the applicant providing an affidavit of authorization. In response to questions, Mr. Loy said his business process does not introduce heavy metals or other contaminants into the sewer system. Member Bickerstaffe moved to endorse Item D2, A 96-29 to the City Commission, subject to the applicant submitting an affidavit authorizing Mr. Loy as representative. The motion was duly seconded and carried unanimously. Board and Staff Comments Member Nixon commended Mrs. Legters for an accurate and concise minutes summary of the December 3 meeting. Member Nixon expressed concern with several locations where the property owners have not complied with conditions of approval. While the violations have been reported to the Community Response Team, she noted the code enforcement process is lengthy. She questioned whether providing for conditional use revocation could be used to expedite compliance. It was indicated a code amendment would be required. Consensus of the board was to ask Mr. Shuford to consider an amendment providing that failure to comply with conditions of approval will result in revocation of the approval. Member Baron reminded other members of the board’s decision not to interrupt each other when speaking. He expressed concern that Member Bickerstaffe having expressed prior knowledge of the last business on today’s agenda constitutes a violation of the Sunshine Law. Mr. Bickerstaffe clarified he has done business with the applicant and knows the operation is conducted in a clean manner. Ms. Dougall-Sides indicated such knowledge is not a violation of the law. She cautioned members to refrain from engaging in ex parte discussions regarding issues that may come before the board. Member Bickerstaffe expressed an interest in touring the Park Place Development, and addressing the IPD zoning issues for Clearwater Airpark. Member Merriam requested consideration of changing the board’s meeting time back to 1:00 p.m. After brief discussion, the board agreed to try starting meetings at 1:30 p.m., on a trial basis. In response to a request from member Merriam, staff will provide illustrations of the 90º cutoff mechanism discussed in the site lighting issue. Member Mazur’s recommendation was to delete the ordinance altogether and address the site lighting issue comprehensively in the Land Development Code revision. Member Mazur expressed concern with inconsistency in provision of current and accurate site plans to the board. He questioned whether the board should receive site plans, and if plans should be received in time to review them before the next meeting. When the board reviews its policies and procedures at the next meeting, he recommended standardizing a list of items required of all applicants prior to allowing applications to come forward. Board and staff agreed. Member Hilkert proposed a procedure for allowing discussion with an applicant after the chair has closed public discussion of an item. He questioned whether Ms. Dougall-Sides has written her opinion regarding this issue. Members responded with their reactions to Mr. Hilkert’s proposal. One member indicated asking a simple question of the applicant should not open an issue for rebuttal by the opposition. Another questioned if the board needs a mechanism to allow the applicant to speak prior to the vote, when the applicant feels the board has misinterpreted or misunderstood pertinent facts. Ms. Dougall-Sides will bring her written recommendation to the next meeting. Member Nixon announced this will be the last televised meeting until March 1997, because City Hall is closing for renovations. Staff will advertise the location and the new 1:30 p.m. meeting time before the next meeting. Adjournment The meeting adjourned at 4:42 p.m. Chair Planning and Zoning Board  Attest:    Board Reporter