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02/04/1997PLANNING AND ZONING BOARD CITY OF CLEARWATER February 4, 1997 Present: Edward Mazur Brenda Harris Nixon Kemper Merriam Robert D. Bickerstaffe Bernie Baron Frank Kunnen Douglas Hilkert Chair Vice Chair Board Member Board Member Board Member Board Member Board Member   Scott Shuford Leslie Dougall-Sides Sandy Glatthorn Lou Hilton Gwen Legters Central Permitting Director Assistant City Attorney Planning Manager Senior Planner Board Reporter   The meeting was called to order at 1:30 p.m. in Harborview Center meeting room #6, followed by the invocation, meeting procedures and the appeal process. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Minutes Approval -- December 17, 1996 and January 7, 1997 Assistant City Attorney Dougall-Sides requested another continuance of the December 17 minutes because the Legal Department has ordered a verbatim transcript of that meeting. Approval of the January 7 minutes was continued to allow time for members to review the minutes before the next meeting. B. Requests for Extension, Deferred and Continued Items B1. (3rd request for extension) Richard & Mildred Soderberg (Applegate Manor) to permit Level II group care at 2484 Sharkey Rd, Sec. 07-29-16, M&B 42.14, zoned RM 16 (Multiple Family Residential). CU 94-50 Mr. Hilton presented background information and written staff recommendations, stating the applicant is requesting a time extension for health reasons. As the applicants remain in communication with staff, approval of a time extension was recommended. Discussion ensued regarding whether the applicant’s presence was required. Member Hilkert declared a conflict of interest regarding this item. Member Nixon moved to waive the attendance requirement and approve a one year time extension. Members Mazur, Nixon, Merriam, Bickerstaffe, Baron, and Kunnen voted "Aye"; Member Hilkert abstained. Motion carried. B2. (Cont. from 1/7/97) Florida Department of Transportation to permit vehicle sales and vehicle servicing at 21466 US 19, Campus Walk, Lot 2B, and Sec 18-29-16, M&B 11.01, zoned CH (Highway Commercial). CU 97-03 Mr. Hilton presented background information and written staff recommendations, stating this item was continued from the last meeting to clarify a misunderstanding regarding vehicles for sale being placed under the canopy on the subject property. He said the FDOT has indicated approval of the applicant’s proposal. Discussion ensued regarding correspondence regarding FDOT requirements for use of the site, including closing of access connections to US 19. In response to questions, it was indicated City environmental officials were satisfied with the proposed landscaping indicated on the site plan; and the Code Enforcement concerns have been addressed. It was indicated code citations had not been issued due to the 60-day time frame for compliance attached to the October 15, 1996 conditional use approval. Gilbert Jannelli, the owner/applicant, stated staff had recommended denial of vehicle sales based on standards for approval not related to this case. He expressed concern if he is not allowed to have grass parking, he will have to obtain a parking variance. He discussed correspondence from FDOT representatives Michael Jackson and Susan Rosetti. Discussion ensued regarding grass parking calculations and requirements, traffic circulation, and landscaping on the site. In response to Mr. Jannelli’s concern his site exceeds landscaping requirements, it was indicated staff can review this issue administratively. Mr. Jannelli expressed concern with staff’s recommended condition to restrict conditional use approval to two years pending US 19 improvements. He indicated there is no guarantee the proposed road widening will occur on schedule, and he wishes to continue his business on the property if it does not. Board discussion ensued regarding the need for a parking variance, the site lighting condition, and other properties in the vicinity owned by Dr. Jannelli. It was indicated site plan review is not required except as it relates to the conditional use request. No verbal or written support or opposition was expressed. One member wished to ensure that the applicant be given ample opportunity to discuss the conditions of approval. Dr. Jannelli listed the proposed conditions, point by point, indicating his desires regarding changes and omissions. One member expressed concern that flyers, banners, pennants, signs and lights are very distracting to traffic. It was requested to retain the site lighting condition to preclude any danger to the public from glaring lights. One member questioned whether any ground contamination exists on this former Texaco site. Mr. Hilton said the answer will not be known until the tanks are removed when the site is razed for road widening. Member Nixon moved to approve Item B2, subject to the following conditions: 1)  The applicant shall obtain the requisite occupational license within two months from the date of this public hearing; 2) All site lighting shall be directed downward and away from adjoining residential properties and street rights-of-way prior to issuance of the requisite occupational license; 3) All City landscaping, parking and access requirements shall be met to the satisfaction of the Engineering Department prior to the issuance of the occupational license; 4) There shall be no parking, display or storage of vehicles on grass areas or in the rights-of-way, unless a parking variance is obtained; 5) The storage area shall be limited to the area indicated on the site plan; 6) There shall be no outdoor vehicular repairs or detailing work; 7) Displays shall be limited to the areas as indicated for display on the site plan; and 8) Sales, storage and displays shall be limited to only vehicles. The motion was duly seconded and carried unanimously. B3. (Cont. from 7/16/96) 2995 Union Street, Sec 05-29-16, M&B 11.01 (Attention Home, Inc.). A 9623; ZONE: RM 8 (Multiple Family Residential) Ms. Glatthorn presented background information and written staff recommendations, stating the applicant is requesting annexation of the subject property, an existing Group Home, licensed by the State as a “Youth Attention” facility with a maximum of 12 beds/ persons. She explained zoning and density requirements for this type of use, stating the property will be grandfathered as a legally non-conforming facility. Staff felt conditions support the request and recommended endorsement. Patrick Maguire, attorney representing the applicant, expressed no objections to staff’s report. No verbal or written support or opposition was expressed. Member Bickerstaffe moved to endorse Item B3, A 96-23 to the City Commission. The motion was duly seconded and carried unanimously. C. Conditional Uses C1. Robert E. Malke to permit (1) outdoor retail sales, displays, and/or storage (rental car storage); and (2) business/professional offices which serve the tourist (real estate office) at 348 & 348 ½ Coronado Dr., Lloyd White Skinner Sub, Lots 118 & 119, zoned CR 28 (Resort Commercial). CU 97-06 Mr. Hilton presented background information and written staff recommendations, stating the applicant wishes to convert a vacant motel/restaurant building for use as real estate and automobile rental offices, restaurant, and rental car display. He outlined the property condition, office usage, and how the applicant is working with the City to meet ADA and building code requirements. Staff felt conditions support the request and recommended approval with four conditions. Robert Malke, the owner/applicant, was present. No verbal or written support or opposition was expressed. Member Bickerstaffe moved to approve Item C1, CU 97-06, 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 directed downward and away from adjoining residential properties and street rights-of-way prior to issuance of the requisite occupational license; 3) Rental cars shall be parked only in spaces which have been designated by the applicant for the display use; and 4) No vehicle service shall be conducted on site. The motion was duly seconded and carried unanimously. C2. Generosa T. Santos & Rose W. Millan (White Palace) to permit a level I group care facility at 1430 Palmetto St., Palm Terrace Unit 1, Lot 5, zoned RS 8 (Single Family Residential). CU 9707 Mr. Hilton presented background information and written staff recommendations, stating the applicant is requesting approval for a Level I group care facility with a capacity of eight persons. Staff felt conditions support the request and recommended approval with two standard conditions. Generosa Santos, owner/applicant, explained the State has increased funding to enable her to expand the use of the existing facility. She outlined how her proposal meets the standards for approval, as well as parking, and other code requirements, in order to provide ample space and 24-hour supervision of the residents. Rose Millan, owner/applicant, stated approval will facilitate the addition of two beds to an existing six bed facility. Their ALF provides reasonably priced accommodations and three meals daily for people who have nowhere to live and cannot afford nursing homes. In response to questions, Ms. Millan said they have operated the existing facility for more than four years. The home has six bedrooms and she proposes two beds in a room. No verbal or written support was expressed. Six persons spoke in opposition to the application, citing the following concerns: 1) the use is not compatible with the surrounding residential neighborhood; 2) police and resident activities associated with the facility disturb the neighbors; 3) frequent turnover of occupancy and their visitors gives the appearance of strangers coming and going from the facility, causing fear and anxiety for the neighbors; 4) the facility may not be appropriately licensed; 5) staffing may be inadequate to provide appropriate mental health care for residents who appear to need it; 6)  well being of the children who live in the home; 7) the previous owner having received State approval for the existing six bed facility for care of the elderly in the 1980’s without input by the neighbors; 8) a retention pond behind the facility may pose a hazard for facility residents; 9) staffing and medical attention may be inadequate; 10) changes in the ALF concept to allow up to eight mentally disabled and halfway house residents in facilities formerly dedicated to providing assistance to no more than six elderly residents who need help caring for themselves; 11) turning residential properties into commercial ventures that warehouse people who may have little choice about where they live. One of the above speakers in opposition said extra bedrooms were added by the previous owner, and she has toured the existing facility at the invitation of the current owners. She questioned the number of mentally disabled and halfway house residents in the current facility. Questions were raised regarding the number of adults and children living in the home; what is meant by 24-hour supervision; and ownership of the property. Several people indicated they had not been able to speak to the original proposal, but found the six bed facility for elderly care had not disturbed the neighborhood. The current use of the facility is not favorable to the community because the transient appearance or nature of the clientele disturbs the quiet neighborhood. Eleven letters with approximately fifteen signatures were submitted in opposition, restating many of the above concerns, adding concerns the modestly sized home may provide substandard living area for the residients; the facility may lower surrounding property values, and fears mentally disabled residents may become dangerous. Ms. Santos responded to the opposition by stating her operation is licensed and regulated by the State Department of Housing and Rehabilitative Services (HRS), and presented a document showing the current facility was licensed in January, 1997. As the administrator of the facility, she is willing to cooperate with the neighbors to work out any concerns. She invited anyone with questions to approach her. Ms. Santos said she monitors behavior of the HRS assigned clientele, and can ask for transfer of a client if problems arise. The home has six bedrooms and five bathrooms. Ms. Santos, her husband and children reserve two bedrooms for their use. Four bedrooms have two beds each for the proposed eight ALF clients. She said the State does not require onsite medical care, but does require 24-hour supervision in case of emergencies. She explained gender separation and age requirements. She said all residents receive regular medical and mental health care from outside agencies, depending on their needs. Oral medication can be administered onsite, but all nursing care is provided by the outside agencies. Ms. MiIlan apologized to the neighbors for causing them concern, but felt it is important to help people who have no place to live. She assured the neighbors she is trying her best to make them happy. In response to questions from the board, Ms. Santos said she will continue living in the facility for a while after the additional residents are added. She has a staff of three persons, including herself, and 24-hour on-site supervision will continue, as required. She responded to questions regarding her background in management and psychology, and the administrative training qualifications provided to her and her staff by the HRS. Discussion ensued with staff regarding number of family members and unrelated persons who may live on site, the age limits and clientele qualifications. In response to additional questions, Ms. Santos reiterated she meets all the State requirements for staffing, supervision, and training, and all City parking and building requirements for an eight bed facility. One board member expressed continuing concern with the level of training. One expressed concerns with being asked to approve an increase to eight beds when the board was not involved in the original decision to approve six beds. One member felt the board should limit their consideration to whether the application meets the conditional use criteria. One member expressed concern with staff’s analysis that the application appears to comply with the standards for approval in view of the neighbor’s strong concerns. Two members who believed ALF’s were for elderly care were surprised to hear mentally disturbed individuals can be housed. Staff recommended a continuance to allow time to contact HRS, and investigate neighborhood concerns about the appropriateness of the facility in its surroundings. In response to questions, it was indicated the applicant can continue operating with six beds if the request for eight beds is denied, and staff will ask HRS for an audit of the facility. Some agreed with a continuance, feeling the HRS investigation should take place before the board makes a decision. Member Bickerstaffe moved to deny Item C2, CU 97-07. Members Mazur, Nixon, Bickerstaffe, and Baron voted "Aye"; Members Merriam, Kunnen and Hilkert voted "Nay." Motion carried. C3. Discount Auto Parts, Inc. (Quick Lube Addition) to permit vehicle service at 22991 US 19, Sec 08-29-16, M&B 22.04, zoned CH (Highway Commercial). CU 97-08 Mr. Hilton presented background information and written staff recommendations, stating the applicant wishes to add a vehicle service use for an oil change business in a new building to be constructed on the property of an existing auto parts retail store. Staff felt conditions support the request and recommended approval with three conditions. In response to a question, it was indicated another oil change facility is located across the street. Kenneth Ehlers, Civil Engineer representing the applicant, agreed with staff’s analysis and recommended conditions. No verbal or written support or opposition was expressed. Member Kunnen moved to approve Item C3; CU 97-08, 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 directed downward and away from adjoining residential properties and street rights-of-way prior to issuance of the requisite occupational license; and 3) All vehicle service shall be conducted indoors, and no outdoor storage of parts, fluids, or other equipment shall be permitted. The motion was duly seconded and carried unanimously. C4. Lima Lake, Inc. (Yacht Basin Apartments) to permit marina (20 slips) at 501 Mandalay Ave, Yacht Basin Sub, Lots 1-9, zoned RM 24 (Multi Family Residential) and P (Preservation). CU 97-09 Mr. Hilton presented background information and written staff recommendations, stating the applicant is requesting approval of a 20 slip marina on the north side of an existing apartment complex. Mr. Hilton handed out copies of an addendum to the staff report, adding recommended conditions of approval from the City Harbormaster and Environmental official. Mr. Hilton responded to questions regarding certificate of occupancy and occupational license requirements, stating the marina will be the responsibility of the apartment complex. Brief discussion ensued regarding the importance of meeting the suggested conditions prior to obtaining a building permit. Andy Nicholson, representing the applicant, stated the marina will only be open to the tenants, not to the general public. He outlined suggested signage, and required dock and construction permits. He requested reconsideration of the Harbormaster’s condition to provide a portable sewage pump-out system, stating such a system would add considerable cost to his project. It was indicated other pump-outs may exist in the vicinity, the locations of which will be determined in accordance with the environmental official’s recommendations. Discussion ensued regarding the suggested conditions of approval. One member expressed concern the conditions may duplicate those of the navigation authority. In response to questions, Mr. Nicholson said he is happy to cooperate with all agencies. He said a pump-out system could cost about $5,000. One member indicated most boaters would prefer to fuel and pump at nearby commercial pumping facilities, rather than pay higher slip rentals because each location is required to provide its own equipment. Mr. Nicholson noted the City provides such a service at no charge. He expressed concern the subject marina will not have a regular dock master who knows how to use pump-out equipment, and usage of equipment by different tenants would increase the risk of a spill. No verbal or written support or opposition was expressed. Staff responded to questions, stating, if the apartment complex charges tenant to lease the boat slips, a certificate of occupancy will be required. It was indicated the Coast Guard requires all vessels to be self contained and it was felt to be in the best interest of the beach community to provide pump-out facilities. General consensus was a duplication of facilities is not needed. Member Kunnen moved to approve Item C4, CU 97-09, 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 directed downward and away from adjoining residential properties and street rights-of-way prior to issuance of the requisite occupational license; 3) All slips shall be for the exclusive use of the tenants of the Yacht Basin Apartments only; 4) No rental of slips or other commercial activity shall be permitted in the marina; 5) No fueling, liveaboards or boat repair activities shall be conducted in or in the vicinity of the proposed marina; and 6) The City’s Environmental Management Group requires the following additional information prior to the issuance of a building permit: a) Copies of a sea grass survey and benthic survey for the basin; b) A copy of the deed that verifies what portion of the basin is owned by the applicant; c) The location and availability of sewage pump-out facilities in the vicinity; and d) Copies of approved Florida Department of Environmental Protection and Pinellas County Water and Navigation Control Authority permits for the project. 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. 1180 North Hercules Avenue, Marymont Replat, part Tracts A & B (Demetre Loulourgas). A 97-01 ZONE: IL (Industrial Limited) Ms. Glatthorn presented background information and written staff recommendations, stating the annexation is requested to provide public facilities, including sewer and solid waste pick-up. Staff recommended endorsement of the proposed development agreement between the applicant and the City, and of the associated annexation and zoning atlas amendment. Gerry Figurski, representing the applicant, highlighted the applicant’s proposal to expand an existing manufacturing facility. He detailed parking requirements, stating a parking variance has been requested. No verbal or written support or opposition was expressed. Member Kunnen moved to endorse Item D1, A 97-01 to the City Commission. The motion was duly seconded and carried unanimously. D2. 1300 Idlewild Drive, Brooklawn Sub, Blk F, Lots 7 & 8, 14-16, and part of Lot 6 (Douglas D. Rosenbaum). A 97-02 ZONE: RM 8 (Multiple Family Residential) Ms. Glatthorn presented background information, stating staff recommends of the endorsement of annexation to provide sewer service. It was indicated Clearwater Neighborhood Housing Services has a contract to purchase the vacant lots contingent upon annexation. Allen Rosenbaum, representing his son, the applicant, was present to address the board. No verbal or written support or opposition was expressed. Member Merriam moved to endorse Item D2, A 97-02 to the City Commission. The motion was duly seconded and carried unanimously. Board and Staff Comments Member Hilkert indicated it is difficult for him to arrive on time for 1:30 meetings. He requested the boards’ feelings regarding reverting to the former 2:00 meeting time. Chair Mazur polled the board members, six of whom indicated they preferred to meet at 2:00 p.m. Mr. Hilkert reported he will not be able to attend the April 1, 1997 meeting. Mr. Mazur will not attend the March 18 meeting. Member Hilkert questioned the status of board direction to shut off cellular phones and pagers during meetings. Chair Mazur requested staff to place a notice on the agenda. Mr. Hilton said a placard is being made for City Hall chambers, to this effect. Member Hilkert questioned whether the board had agreed to eliminate site lighting as a standard condition. Member Nixon hoped the board would leave in the condition until the new code is adopted, because she felt it is an important public safety issue. Adjournment The meeting adjourned at 4:08 p.m.