03/04/1997PLANNING AND ZONING BOARD
CITY OF CLEARWATER
March 4, 1997
Present:
Edward Mazur
Brenda Harris Nixon
Bernie Baron
Frank Kunnen
Douglas Hilkert
Chair
Vice Chair
Board Member
Board Member
Board Member
Leslie Dougall-Sides
Sandy Glatthorn
Lou Hilton
Gwen Legters
Assistant City Attorney
Planning Manager
Senior Planner
Board Reporter
Absent:
Kemper Merriam
Robert D. Bickerstaffe
Board Member
Board Member
The meeting was called to order at 2:00 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, January 7, and February 4, 1997
Approval of the December 17 minutes had been continued from the January meeting to allow time to verify whether the conditions of approval of Item C3, (CU 96-68; Kunnen) were accurate.
Assistant City Attorney Dougall-Sides submitted copies of a verbatim transcript of the item. Member Hilkert indicated, and the board concurred, the December 17 motion did not accurately
reflect the board’s intention. Consensus was to accept the motion as restated by Member Hilkert during the January 7 meeting, substituting the November 17, 1992 conditions of approval
with the December 17, 1996 conditions; deleting reference to a 90º cut-off mechanism, and clarifying language regarding outdoor activities and storage.
Member Hilkert moved to approve the December 17 minutes, as amended January 7, 1997. The motion was duly seconded and carried unanimously.
Member Nixon questioned whether the language regarding site lighting in the fifth paragraph on page 8 was contradictory. After brief discussion, it was agreed the minutes will stand.
Member Nixon moved to approve the January 7 minutes as submitted in writing to each member by the Board Reporter. The motion was duly seconded and carried unanimously.
In the February 4 minutes, the first paragraph under Board and Staff Comments was corrected to indicate Mr. Mazur will not attend on March 18; Mr. Hilkert will not attend on April 1.
Member Kunnen requested clarification of the last paragraph in the same item. He wished to clarify the board had agreed to remove site lighting as a standard condition, but that the
condition could be added by any member on a case by case basis, without the reference to a 90º cut-off mechanism.
Member Kunnen moved to approve the February 4 minutes, as corrected. The motion was duly seconded and carried unanimously.
C. Conditional Uses
C1. Mildred P. Graves, TRE (Enterprise Rent a Car of Florida) to permit outdoor retail sales, displays and/or storage (rental car storage) at 1200 Court St, Hibiscus Gardens, Blk P,
Lot 15, 37-41 less right-of-way zoned CG (General Commercial). CU 97-10
Mr. Hilton presented background information and written staff recommendations, stating the applicant is requesting a conditional use to store rental cars on the corner lot. Landscaped
buffers are recommended along both streets. Staff felt conditions support the request and recommended approval with three conditions.
Mike Edwards, authorized representative, stated the applicant wishes to convert a former body shop for use as offices to conduct a rental car operation. He concurred with the recommended
conditions. No repairs or service beyond routine cleaning and vacuuming will be performed. In response to his request for clarification of the landscaping condition, it was indicated
the applicant should work with the Environmental official to determine whether the existing landscaping meets standards. Mr. Edwards stated the applicants will improve the appearance
of the corner to make it look clean and professional.
No verbal or written support or opposition was expressed. Member Hilkert reported he represents Stone Buick, a former site occupant, but Enterprise Rent A Car is not his client. It
was not felt a conflict of interest exists.
Member Kunnen moved to approve Item C1, CU 97-10, 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) Perimeter landscaping must be provided along both street rights-of-way, subject to the approval of the Environmental Management
Division of the City Engineering Department. The motion was duly seconded and carried unanimously.
C2. Fred Berger TRE/Jeffery M. Dikman TRE/Allen B. Davis (Danish Food Mart, Inc. d/b/a/ Quick Pick Food Store) to permit package sales of beer and wine (change of business ownership)
at 280 Windward Passage, Sec 08-29-15, M&B 13.04, zoned CG (General Commercial). CU 9711
Mr. Hilton presented background information and written staff recommendations. Staff felt conditions support the request and recommended approval with one condition.
Mr. Jitendra Trivedi, the business owner, stated he understood the recommended condition. He responded to questions regarding his hours of operation. He will open 7 days a week, from
6:00 a.m. to 10:00 p.m. He indicated hours of alcoholic beverage sales are restricted by the State and may not begin before 8:00 a.m. weekdays, or before 1:00 p.m. on Sundays.
No verbal or written support or opposition was expressed.
Member Nixon moved to approve Item C2, CU 97-11, subject to the following condition: 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. 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. 3131 John’s Parkway, John’s Parkway Sub, Lot 6 (Ronald R. & Laura J. Poirier). A 97-03
ZONE: RS 8 (Single Family Residential)
Ms. Glatthorn presented written background information, stating staff recommends endorsement of annexation to obtain City sewer and water service. She noted the City Engineering Department
recommends inclusion of the abutting right-of-way along John’s Parkway.
It was noted the applicant’s presence is not required. No verbal or written support or opposition was expressed.
Member Nixon moved to endorse Item D1, A 97-03 to the City Commission. The motion was duly seconded and carried unanimously.
D2. 1420 Sunset Point Rd, Sunset Highlands Unit 2, Lot 4 (Cynthia A. Wright). A 97-04
ZONE: RS 8 (Single Family Residential)
Ms. Glatthorn presented written background information, stating staff recommends endorsement of annexation to obtain City sewer service.
It was noted the applicant’s presence is not required. No verbal or written support or opposition was expressed.
Member Nixon moved to endorse Item D2, A 97-04 to the City Commission. The motion was duly seconded and carried unanimously.
D3. Land Use Plan and Zoning Atlas amendments of the City of Clearwater for property located at 1233 S. Myrtle Avenue, Milton Park Sub, Blk 10, Lots 6, 7, 8 & 9. (Word of Faith Church
of God, Inc.) Z 97-01; LUP 97-01
LUP: From Institutional to Residential/Office General
ZONE: From P/SP (Public/Semi-Public) to *OPD (Office Planned Development)
Ms. Glatthorn presented written background information, stating the applicant wishes to raze an existing church building and rezone the four contiguous lots to allow a professional
use similar to the Thompson Executive Center across the street. Ms. Glatthorn profiled zoning district use requirements. Due to site constraints and setback variations, the applicant
agrees with staff’s recommendation to rezone the subject property to Office Planned Development. It was indicated the new development will include three adjacent lots to the south.
Staff recommends
endorsement of the proposed Concept Plan, Land Use Plan amendment, and Zoning atlas amendment.
Rick Uline, realtor representing the church, highlighted the history of the property for the last several years. He said the church fully supports the contract offered by the owner
of the office development across the street.
In response to questions, Ms. Glatthorn said the adjacent lot to the east, Lot 5, is a single family lot. Questions were raised why Lots 10 through 12 are shown on the site plan,
but are not included in the current application. Ms. Glatthorn responded the rezoning application for Lots 6 through 9 had already been filed when the decision was made to pursue an
Office Planned Development. To avoid delaying the Land Use Plan amendment for Lots 6 through 9, it was decided to bring Lots 10 through 12 forward as a separate planned use application.
Mr. Hilton said the proposal represents a dramatic improvement to the area and the City wishes to move forward as quickly as possible. He noted the plan is conceptual, and is subject
to change when it goes through DRC review. In response to questions, it was indicated that variances will not be required for the planned development. Landscaping buffers between the
development and the adjacent residential properties will have to meet code. One member who lives in the neighborhood and was thrilled with the proposal, requested staff to seek an alternative
location for the dumpster pad shown adjacent residential Lot 13.
Mr. Thompson spoke in support of the application, stating he developed the Thompson Executive Center 14 years ago, and plans for the new development to mirror his existing development,
in keeping with the University of South Florida study regarding South Fort Harrison redevelopment. He has worked with the surrounding property owners to be a good neighbor. He is acquainted
with the owner of Lot 13, and will work with her regarding the dumpster location.
Member Nixon moved to endorse Item D3, Z97-01 and LUP 97-01, to the City Commission. The motion was duly seconded and carried unanimously.
Board and Staff Comments -- Discussion
1. March 11, 1997 Special meeting regarding Land Development Code amendments
Ms. Glatthorn said it was necessary for Mr. Shuford to postpone his scheduled meeting with the board. Friday, March 21 is being investigated as an alternative meeting date. Member
Baron noted a conflict with Friday meetings. General consensus was Tuesday meetings are more convenient for board members. Member Kunnen stressed the board should have the opportunity
to thoroughly review the proposed revisions. Ms. Glatthorn will investigate an alternative date.
Member Kunnen read from a document regarding Clearwater’s image. Discussion ensued regarding the Bordner Report, a compilation of public comments regarding responsiveness of City staff
to meet their needs.
Member Nixon requested changing the minutes format to include board members’ names in discussion items. She felt it is important for the City Commissioners to know, when they read
the minutes, how board members stand on the issues. She indicated such information could be in important factor in the Commission’s decision whether or not to appoint board members
to
subsequent terms, or other boards. Board members discussed their opinions and questioned Mrs. Legters regarding the minutes preparation procedure. It was indicated members’ names are
consistently reported in the motions and in the Board and Staff Discussion portion of the agenda. The majority did not feel it was necessary to change the minutes format. Ms. Nixon
reiterated for the record she felt it was extremely important for the City Commission to know how board members vote.
In response to questions from Member Baron, Mr. Hilton and Ms. Dougall-Sides reported the status of: 1) the Rome tower project; and 2) Pinellas County’s guidelines regarding telecom-munication
towers and antennae.
Member Mazur requested staff to provide copies of the revised Land Development Code in advance of the scheduled meeting, to allow time for board member review. Mr. Mazur responded
to board questions regarding conduct of the code revision oversight committee, of which he is a member. He highlighted some of the changes being effected, and anticipated timing for
completion.
Adjournment
The meeting adjourned at 3:00 p.m.