11/19/1996PLANNING AND ZONING BOARD
CITY OF CLEARWATER
November 19, 1996
Present:
Brenda Harris Nixon
Edward Mazur
Kemper Merriam
Robert D. Bickerstaffe
Bernie Baron
Frank Kunnen
Douglas Hilkert
Acting Chair
Board Member
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
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 Acting Chair outlined meeting procedures and the appeal process.
Minutes Approval -- November 5, 1996
This item was continued to allow time for members to review the minutes before the next meeting.
C. Conditional Uses
C1. (cont. from 11/5/96) The Home Depot USA, Inc. To permit outdoor retail sales, displays and/or storage at 21870 US 19, The Clearwater Collection, 2nd Replat, part of Lot 1, zoned
CPD (Commercial Planned Development). CU 96-48
Ms. Glatthorn presented written background information, stating this item was continued from the last meeting for site plan amendments to delineate outdoor display areas, parking, and
loading areas.
John Shern, Real Estate Manager for Home Depot, Florida, referred to an October 24 letter from the project architects responding to the board’s requests for clarification. The letter
was supported by an amended site plan with clear indications of exits, fire zones and equipment, appropriate clearances, common parking areas, outdoor display areas, and pedestrian patterns
in accordance with staff and City Fire Department recommendations. The design was modified to eliminate outdoor displays in the rear, due to difficulty locating five foot wide pedestrian
areas around the exterior support columns.
One member expressed concerns it is not clear whether the applicant has the right to eliminate parking spaces for outdoor storage, and freight loading and unloading on the northeast
portion of the lot continues to block two-way traffic circulation. Mr. Shern responded to the concerns, but noted the
truck loading issue is independent of the request for outdoor storage and display. He said expanding the paved area to the east has been complicated by the presence of a wetland. He
felt he has adequately addressed the member’s concerns.
No verbal or written support or opposition was expressed.
One member requested clearly marking the site plan to indicate only shopping carts are allowed in the cart storage area. Mr. Shern stated he understands and agrees with staff’s recommended
conditions of approval.
Member Merriam moved to approve Item C1, CU 96-48 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; and 3) In order to differentiate between the display and pedestrian
areas, the sidewalk shall be clearly marked to indicate where the displays are permitted; a minimum width of 5 feet shall be provided in the sidewalk areas for pedestrian access; language
on the site plan identifying “cart storage” shall be amended to read “cart storage only. The motion was duly seconded.
One member continued to argue the surrounding property owners have not indicated their consent for the applicant to place outdoor storage and displays in common parking areas. Ms.
Dougall-Sides indicated the board has heard no objections or consent from the adjacent businesses. She suggested a condition the applicant obtain written consent for outdoor storage
on the west side.
Member Merriam amended the motion to add condition #4) The applicant shall obtain written consent from the adjacent property owner(s) to use 17 spaces on the west side of the subject
property as an area for outdoor storage and display; such consent shall be forwarded to the City Attorney’s office. The seconder concurred. The motion carried unanimously.
C2. William D. & Kathryn A. McKnight/N&S Thomas Enterprises to permit package sales of beer and wine (change of business ownership) at 706 Drew St. E. H. Coachman, Blk 8, Lots 1-4, part
of Lots A, 10 & 11, zoned UC(C) (Urban center (Core). CU 96-61
Ms. Glatthorn presented written background information, stating the proposed use appears to be compatible with surrounding properties. Staff felt conditions support the request and
recommended approval with three conditions. One member recommended compliance with the site lighting condition within 30 days.
James Hunt appeared on behalf of the applicant. Board members noted no affidavit of authorization was submitted with the application. Item C2 was continued to the end of the meeting
to allow time for Mr. Hunt to obtain authorization. No representative had arrived by the end of the meeting, and the case was continued to December 3, 1996.
C3. WAMCO XXII Ltd. To permit manufacturing at 324 S Madison Ave, Mac Dixon’s Sub, Lot 6 less rd r/w on E, zoned UC(E) (Urban Center (Eastern Corridor). CU 96-62
Ms. Glatthorn presented written background information, stating the existing building and proposed sheet metal fabrication business appears compatible with the existing zoning and surrounding
properties, but conflicts with the 20-year Clearwater Downtown Redevelopment Plan as adopted by the City Community Redevelopment Agency, changing the area to low density residential.
While the use appears reasonable under current conditions, it conflicts with an aggressive marketing campaign for private redevelopment during the next two years in the East End area.
Staff did not support long term use of the property for manufacturing, but felt the use will be compatible for a limited time. Staff recommended approval subject to six conditions,
including conditional use expiration after two years.
Harry Cline, attorney representing the applicant, spoke on behalf of the business owners Mr. and Mrs. Wayne Osborne. He gave a history of the property former use as Walker Roofing,
stating it had caused a debris nuisance for the City. He said staff had recommended approval of an identical application in March, 1996, with three conditions. He submitted a copy
of the staff report for that application, which was withdrawn before being heard by the board. He expressed strong concern with today’s recommendation for six conditions and a two year
time limit. He indicated it is not reasonable to expect someone to invest in building a business that is forced to close after two years. He did not feel it is reasonable to ask the
applicant to clean the property daily. He detailed the surrounding uses, why the application meets all the standards for approval, and how the Osbornes have cleaned up the property
since they entered a contract to purchase it. He requested approval without the two year time limit and daily cleaning requirement.
No verbal or written support or opposition was expressed.
Board discussion ensued regarding properties, ownership and existing conditions in the East End area, and the City’s hopes the redevelopment plan will proceed within two years. Board
members expressed strong concerns with restricting current development in favor of future plans for which a time period has not been established. Ms. Dougall-Sides responded to questions
regarding the board’s authority in conditional use approvals, the applicant’s investment horizon, and zoning consideration. She said recent zoning changes were approved to implement
the Downtown Redevelopment Plan, but the proposed use is appropriate under the current zoning as well. In response to a question, Ms. Glatthorn said staff had not approved, but had
recommended approval of the previous application. Mr. Cline said it had been withdrawn because Mr. Walker had declared bankruptcy.
Member Bickerstaffe moved to approve Item C3, CU 96-62, 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 business owner shall keep the property well maintained
and free of debris; 4) There shall be no outdoor storage of machinery, supplies or related materials; and 5) All sheet metal manufacturing or fabricating activities shall be conducted
inside the existing building. The motion was duly seconded and carried unanimously.
C4. Vinko Karabaic/Karabaic Enterprises, Inc. (Clearwater Parasail) to permit Marina facilities (Parasail charter boat) at 406 Hamden Dr., Columbia Sub No. 4, Lots 11 & 12 and Columbia
Sub No. 5, Lot 1A, zoned CR 28 (Resort Commercial). CU 96-63
Ms. Glatthorn presented written background information, stating the applicant wishes to open a parasail operation. The applicant has an agreement with the owner of the adjacent Bay
Lawn Motel, to locate the parasail business within five surplus parking spaces on the motel property. The Clearwater Harbormaster has approved the aspects of safety and navigational
obstruction. It was indicated the proposed business should not negatively impact surrounding properties and may enhance tourism. Staff felt conditions support the request and recommended
approval with three conditions. Discussion ensued regarding the parking requirements.
Cliff Conaster, the business owner/applicant, stated he spoke with Harbormaster Bill Held before applying for the conditional use. Mr. Held had expressed concern with locating the
business in a no wake zone, but Mr. Conaster assured him the channel will only be used to pick up and deliver passengers. Mr. Conaster related his business experience as a large boat
captain carrying a 100 ton license. He is fully aware of his responsibility regarding his wake and will be cautious to protect his livelihood. In response to questions, he stated he
will not conduct parasailing within the residential inlets, or fingers, because it is not safe. He wishes to ensure his passengers will come down into the water if a line should break.
His brand new boat is almost silent and he will operate only during daylight hours. Discussion ensued regarding how the operation will be conducted with regard to parking, passenger
waiting areas. Mr. Conaster said each trip will be about an hour and a half. The primarily walk-up business will be conducted from a small booth, or podium, with benches for waiting.
The stand will be taken in a night. His boat is 28 feet long with a 10 foot beam and carries 6 paying passengers. The parasail consists of a parachute with a harness. He anticipated
five to six trips per day and will operate only within the Gulf, noting other parasail businesses come into the bay when the weather is rough. He has equipment to sail 600, 800 and
1,000 feet high. Banner towing airplanes are supposed to fly above 1,000 feet.
No verbal or written support was expressed.
Two people spoke in opposition to the request, expressing concerns regarding small size of the channels, property value impact, noise, safety of children and elderly who swim in the
channel, parking impacts and increased boat traffic. It was indicated no other commercial vessels are docked in the inlet. A petition with 16 signatures representing surrounding motel
properties was submitted in opposition to the request. One petition signer submitted a separate letter expressing concerns with disturbing the peace, low water, increased traffic and
parking, location at a school bus stop, lack of restroom facilities, and noise, air and water pollution.
Mr. Conaster stated he is aware of safety issues because safety is his main concern. One commercial crab boat exists in the area. His boat will not appear or operate any differently
from the existing recreational boats within the area. He related the locations of three other parasailing operations in Clearwater. He responded to questions regarding his parking
lease with Bay Lawn Motel. Ms. Glatthorn said renting out boat slips is allowed in this zone and read parking requirements from the code.
Board discussion ensued. One member expressed concern the application has almost unanimous opposition from the surrounding property owners. One member supported the application as
compatible with the tourist community and having no adverse affect on traffic or the navigable waters. It is up to the licensed boat captain to operate safely, or he will not remain
in business. One member supported a one year trial period review to determine whether an adverse impact results. In response to questions, staff indicated the dock is located
in a commercial area, CR-28, and no wake zone signs are posted. Some did not favor a trial period, reiterating he will not stay in business if he does not follow safe navigation rules.
Member Bickerstaffe moved to approve Item C4, CU 96-63, 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; and 3) The business owner shall comply with all safe
swimming area designations and shall have a US Coast Guard licensed Captain with not more than six passengers at one time on the vessel. Members Bickerstaffe, Merriam, Baron, and Hilkert
voted "Aye"; Members Nixon, Mazur, and Kunnen voted "Nay." Motion carried.
C5. David R. Little to permit restaurants occupying over 10% of the gross floor area of a retail complex at 333 S Gulfview Blvd, Lloyd White Skinner Sub, Lot 67, zoned CR 28 (Resort
Commercial), CU 96-64
Ms. Glatthorn presented written background information, stating the applicant wishes to open a dessert restaurant in an existing retail complex, augmenting the menu with beer and wine
for on premise consumption. She explained indoor and outdoor seating capacity and parking requirements. Staff felt conditions support the request and recommended approval with four
conditions.
Harry Cline, attorney representing the applicant, stated he has trouble with staff’s recommended conditions regarding seating calculations. He profiled the location, existing conditions,
and attractive appearance of the property, updated in the Tropical Seascape Theme. He explained the proposed use, square footage and seating capacity, explaining why staff’s calculations
with regard to indoor and outdoor seating do not work. He responded to questions regarding existing ground floor ice cream shop remaining and the proposal to build Jeff’s Desserts on
the second floor.
Concerns were expressed parking is non-conforming and hard to access, and the restaurant plan does not appear to contain a kitchen. Ms. Glatthorn read from code definitions, indicating
a kitchen is not required to prepare or sell food.
Steve Fowler, architect representing the applicant, explained the menu of the proposed specialty foods restaurant, and clarified questions regarding outdoor/indoor seating calculations.
He said the restaurant will contain a kitchen.
David Little, the owner/applicant, said he has served on City task forces and has gone the extra mile to improve the property in conformity with recommendations to create tropical ambiance
for the beach. In response to a question, he said he has large planter boxes to put on the railings.
Board members praised how Mr. Little has improved the appearance of the property. One suggestion was to enhance landscaping with the addition of palm trees, as space permits. It was
indicated parking and seating calculations have no bearing on Planning and Zoning Board approval. After additional discussion, Ms. Glatthorn agreed staff’s condition regarding seating
and parking is not needed. Staff will work with the applicant to ensure the appropriate number
of parking spaces are provided for the amount of restaurant area. Ms. Dougall-Sides concurred the condition is not a part of the request before the board. It was felt a condition prohibiting
package sales is not needed.
Member Bickerstaffe moved to approve Item C5, CU 96-64, 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; and 3) Live music or pre-recorded music shall be allowed
between 1:00 p.m. and 10:00 p.m. on a daily basis. Members Nixon, Mazur, Bickerstaffe, Baron, Kunnen, and Hilkert voted "Aye"; Member Merriam voted "Nay." Motion carried.
D. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment, and Local Planning Agency Review
D1. Ordinance 6092-96 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 40.544 establishing funeral homes as a conditional use in the public/Semipublic
Zoning District; amending Section 41.053, Code of Ordinances, to establish supplementary conditional use permit standards for funeral homes in the Public/Semipublic District; providing
an effective date.
Ms. Glatthorn presented written background information, stating this item was previously approved, but was brought back due to an advertising difficulty. Formal action is needed and
staff recommended endorsement.
Member Mazur moved to endorse Item D1, Ordinance 6092-96, to the City Commission. The motion was duly seconded and carried unanimously.
Board and Staff Comments
Discussion ensued regarding the proposed 1997 meeting schedule. Majority consensus was to approve the schedule, subject to deletion of the August 5 meeting.
Mr. Shuford reported the City Manager has requested a comprehensive Land Development Code amendment to make the code more friendly to the development community. Mr. Shuford is working
with Assistant City Manager Bob Keller, and Pinellas Planning Council Executive Director Dave Healey, to comprehensively review, revise and streamline the City development regulations.
Central Permitting Department customer service and internal processes will be evaluated and streamlined as well. He felt the number of cases coming to DCAB and the Planning and Zoning
Board can be cut in half. City advisory board members, business leaders, and representatives from neighborhoods and the development community will comprise a steering committee and
focus groups to provide input to staff. He will provide updates of the process, scheduled for completion in April, 1997. Mr. Mazur will represent the Planning and Zoning Board on the
steering committee. Mr. Shuford invited board members’ ideas on ways to make the code user friendly while respecting the high quality development standards for which Clearwater is known.
He will provide an update after the beginning of the year.
Discussion ensued regarding election of board officers for 1997. Mr. Hilkert said he was not interested in serving as an officer during his first year in office. Mr. Kunnen is not
interested in serving as Chair. Mr. Bickerstaffe noted he has one more year in office.
Discussion ensued regarding locations for the board’s holiday party, scheduled for 12:00 noon, December 3, before the regular board meeting. Members expressed a preference for being
seated together at the same table in a room sufficiently quiet to enable conversation. Staff will investigate Harrison’s, Cabana Club, Harborview Center, and Peppermill for compatibility
with the board’s wishes.
Adjournment
The meeting adjourned at 4:06 p.m.
Chair
Planning and Zoning Board
Attest:
Board Reporter