10/07/1997PLANNING AND ZONING BOARD
CITY OF CLEARWATER
October 7, 1997
Present: Edward Mazur Chair
Brenda Harris Nixon Vice Chair
Robert D. Bickerstaffe Board Member
Frank Kunnen Board Member
Douglas Hilkert Board Member
Leslie Dougall-Sides Assistant City Attorney
Sandy Glatthorn Planning Manager
Steve Doherty Zoning Section Supervisor
Gwen Legters Board Reporter
Absent: Gerald Figurski Board Member
Gene Crossley (resigned) Board Member
The meeting was called to order at 2:00 p.m. in City Hall, followed by the Invocation, Pledge of Allegiance, 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 – September 16, 1997
Member Nixon added language to page 1, clarifying that Item B1, A 97 08, was continued at the applicant’s request. The Board Reporter corrected page 6 to indicate Member Figurski will
not attend the first meeting in October. The minutes were unanimously approved as amended.
C. Conditional Uses
Conditional use applicants were advised an affirmative vote of four members is required for conditional use approval, and were given the opportunity to request a continuance.
C1. Mitchell I. Singer/Russell Remick/YYZ, Inc. (bw-3 Grill & Pub) to permit nightclubs, taverns, and bars (new license) at 2284 Gulf to Bay Blvd., Sec 18-29-16, M&B 23.18 zoned CG (General
Commercial). CU 97-53
Mr. Doherty presented background information and written staff recommendations, stating the applicants propose to change their alcoholic beverage license designation because of recent
difficulty meeting the State’s 51 percent food and non-alcoholic beverage sales requirement. No changes are proposed to the business operation; the applicants are merely seeking relief
from the minimum non-alcoholic beverage sales requirement. The Development Code Adjustment Board approved a parking variance conditioned upon the applicant obtaining change of license
designation approval. The site is adequately landscaped and buffered from adjacent residential property. Staff felt the request appears to comply with standards of approval, and recommended
approval with three conditions.
Angelina Grimes, attorney representing the applicant, agreed with staff’s report. The goal is to improve food sales to about 70 percent of total revenues. She reiterated the current
grill
and pub operation will not change. She submitted a copy of the restaurant’s full menu for the record.
No verbal or written support or opposition was expressed.
Member Bickerstaffe moved to approve Item C1, CU 97 53, subject to the following conditions: 1) The applicant shall obtain the requested 2-COP alcoholic beverage within six months
of the date of this public hearing; 2) The applicant shall obtain the requisite occupational license within six months of the date of this public hearing; and 3) The sale of beer and
wine shall be limited to on premises consumption only, with no package sales. The motion was duly seconded and carried unanimously.
C2. William & Hope Georgilas (Bob & Eddie’s Diner) to permit noncommercial parking at 1849 Gulf to Bay Blvd., Sec 13-29-15, M&B 32.02, zoned RM 8 (Residential Single Family). CU 97-54
Mr. Doherty presented background information and written staff recommendations, stating the applicant proposes a temporary non-commercial grass parking lot adjacent to an existing restaurant.
Staff felt the request appears to comply with the standards of approval, providing the parking lot is surrounded by a masonry wall set back 24 feet from the property line, and a 24 foot
wide landscaping strip is installed outside the wall to buffer the adjacent residential properties from parking lot noise and activities. Reconfiguration of the parking design to accomplish
staff’s recommendations would reduce the number of parking spaces the lot could contain. Discussion ensued regarding whether staff’s recommendation was according to code.
Robert Gregg, architect representing the applicant, said he worked at length with City Engineering staff to create a parking lot design compatible with site features and surroundings.
He stated he was not aware of staff’s setback and landscaping suggestions until today, and objected strongly. He expressed concern with the associated loss of parking spaces. He said
the property owner was surprised and was not interested in pursuing the project with the recommended conditions. Mr. Gregg requested the board to defer voting on this item until the
issue can be discussed with staff and a full board is present.
Lengthy discussion ensued regarding staff and applicant rationale, site and surrounding conditions, code requirements for non-commercial parking lots, and effects on the proposal of
reconfiguration to meet the suggested conditions. One member expressed objection to recommending conditions of approval not supported by Code.
No verbal or written support or opposition was expressed.
Member Hilkert moved to continue Item C2, CU 97 54, to the meeting of October 21, instructing staff to replace the fourth bullet under condition #1 with language in Section 41.053(20)(d),
Clearwater Code of Ordinances, regarding opaque fences and walls adjoining property lines adjacent to residential properties. He wanted the applicants and staff to be aware the suggested
condition is not required by code. The motion was duly seconded.
Ms. Glatthorn stated landscaping code sections are more restrictive and would supersede the section quoted by Mr. Hilkert. Staff was requested to research and recommend fencing and
landscaping more similar to what was required for the Morton Plant Hospital parking lot.
Mr. Hilkert amended his motion to “suggest” that staff replace the suggested condition with code language as indicated above. The seconder concurred. Upon the vote being taken, the
motion carried unanimously.
C3. Jamil Salhab/Ayman A. Elghazal (Wanna Save Wise) to permit package sales of beer and wine (change of business ownership) at 1495 S. Greenwood Ave., Harvey Park, Blk A, Lots 8-12,
zoned CG (General Commercial). CU 97-55
Mr. Doherty presented background information and written staff recommendations. Staff felt the request appears to comply with the standards of approval, and recommended approval with
three conditions.
Bages Elghassal, representing the applicant, agreed with staff’s report.
No verbal or written support or opposition was expressed. One person stated the business has proven to be a good neighbor. He stated the new owner has agreed to a name change at the
request of the former owner, and asked to have the new name entered into the record. Mr. Elghassal responded his application for the fictitious name, “Stop & Shop” is in process and
should be completed within two weeks.
Member Kunnen moved to approve Item C3, CU 97 55, subject to the following conditions: 1) The applicant shall transfer ownership of the State of Florida alcoholic beverage license
within 90 days of the date of this public hearing; 2) The requisite occupational license shall be obtained within 90 days of this public hearing; and 3) Alcoholic beverage sales are
limited to the following hours: 8:00 a.m. to 11:00 p.m., Monday through Saturday; and 1:00 p.m. to 11:00 p.m. on Sundays. The motion was duly seconded and carried unanimously.
C4. Gail Patricia Ahamed/Hashim Sullaiman (Discount Deli and Meat Market) to permit package sales of beer and wine (change of business ownership) at 1504 N. Garden Ave., E.A. Marshall’s
Sub, part of Lots 5-8 and part vacated alley on the West, and Lesley’s Sub, part of Lot 3, zoned CI (Infill Commercial). CU 97-57
Mr. Doherty presented background information and written staff recommendations, stating the applicant has expressed his intent to clean up the property, improve lighting, work with
law enforcement to improve safety, and participate in community activities. Staff indicated two conditions imposed upon the previous owner’s 1995 conditional use approval have not been
met. Staff felt the current request appears to comply with the standards of approval, subject to the applicant meeting original conditions regarding litter and signage, and three new
conditions.
Concerns were expressed the conditional use application was accepted despite the signage violation, and that enforcement has not been pursued during the past two years. Ms. Dougall-Sides
noted the City may not refuse a conditional use application. She responded to questions regarding the code enforcement process.
One member did not feel signage was reasonably connected to the conditional use request and recommended striking sign compliance from the conditions of approval. Ms. Dougall-Sides
responded it is standard to require bringing substandard properties up to code as a condition of approval. Mr. Doherty stated signage giving a cluttered appearance does not meet the
general standards for conditional use approval because such signage is considered inconsistent with
neighborhood character and incompatible with its surroundings. He suggested linking sign compliance with occupational license approval.
Hashim Sullaiman, the applicant, stated he will cooperate fully with the local authority. He said the previous owner was refused an occupational license twice due to nonconforming
signage. Mr. Sullaiman assumed compliance was achieved because an occupational license had been issued. Staff indicated attached signage on a wall and above the roof remain in violation.
Staff responded to questions regarding the violation, applicability of the sign code, and the City’s systematic enforcement efforts during and since the sign code amortization period.
Mr. Doherty said application to the City Commission for a sign variance would be perceived as an attempt at compliance. In response to a question, Ms. Dougall-Sides said the 1985 sign
code is in full effect today, with the exception of two sections that do not apply to the subject property.
No verbal or written support or opposition was expressed.
Member Nixon moved to approve Item C4, CU 97 57, subject to the following conditions: 1) The applicant shall transfer ownership of the State of Florida alcoholic beverage license within
90 days of the date of this public hearing; 2) The requisite occupational license shall be obtained within 90 days of this public hearing; 3) Alcoholic beverage sales are limited to
the following hours: 8:00 a.m. to midnight, Monday through Saturday; and 1:00 p.m. to midnight on Sundays; 4) The applicant shall maintain the parking lot in a litter-free condition,
including the area around the dumpster; and 5) All signage on the property shall be brought into compliance with the sign code and if necessary, permits for existing signage shall be
obtained, prior to issuance of the occupational license. There was no second.
Member Bickerstaffe moved to approve Item C4, CU 97 57, subject to conditions #1 through #4, above, deleting #5. The motion was duly seconded.
Discussion resumed regarding deletion of the condition requiring sign compliance. The majority felt the sign violation should be addressed through the code enforcement process, not
as a condition of conditional use approval. The applicant was cautioned deletion of the sign compliance condition does not indicate the board believes subject signage is in compliance.
Upon the vote being taken, the motion carried unanimously.
C5. Dayton Hudson Corporation (Target Stores) to permit outdoor retail sales, displays, and/or storage at 21750 US 19, The Clearwater Collection 2nd Replat, Lot 4, zoned CPD (Commercial
Planned Development). CU 97-58
Ms. Glatthorn presented background information and written staff recommendations, stating the applicant is seeking approval for an outdoor plant display in front of the retail garden
center, extending 150 feet to the south. Staff felt the request appears to comply with the standards of approval and recommended approval, subject to compliance with handicapped accessibility
code and traffic impact fee requirements.
Raymond Zurenda, representing the applicant, requested clarification of the traffic impact fee requirement. Discussion ensued regarding minimum continuous width for safe pedestrian
access and the need for a painted line delineating the outdoor display area.
Member Kunnen moved to approve Item B5, CU 97-58, subject to the following conditions: 1) A minimum handicapped access width of five feet shall be provided on the sidewalk outside
the display area at all times; and 2) The applicant shall pay the transportation impact fee, as applicable, prior to commencement of the display. The motion was duly seconded.
One member reiterated his objection to using covered pedestrian areas for outdoor display, feeling such use creates a cramped, cluttered and messy storefront. Discussion ensued regarding
the issue. One member stated he would support the request only because the Home Depot store in the same shopping center enjoys a similar use. The need for a clearly delineated display
area was reiterated.
Member Kunnen withdrew the motion. The seconder concurred.
Member Kunnen moved to approve Item B5, CU 97-58, subject to the following conditions: 1) A minimum handicapped access width of five feet shall be provided on the sidewalk outside
the display area at all times; the clear and continuous five foot width shall be designated by a white painted line; and 2) The applicant shall pay the transportation impact fee, as
applicable, prior to commencement of the display. The motion was duly seconded and carried unanimously.
C6. Amoco Oil Corporation/Ashraf Zaki (Gulf to Bay Amoco) to permit package sales of beer and wine (new license) at 2198 Gulf to Bay Blvd., Sec 13-29-15, M&B 14.06, zoned CG (General
Commercial). CU 97-59
Mr. Doherty presented background information and written staff recommendations. Staff felt the request appears to comply with the standards of approval, and recommended approval with
two conditions. Questions were raised regarding staff’s recommendation to landscape between two existing driveways along Gulf-to-Bay Boulevard. As the site is almost entirely paved,
it was suggested to allow planters to beautify the site and better accommodate the businessperson. Staff indicated potted plants do not have a good survival rate, compared to in-ground
plantings. Central Permitting Director Scott Shuford stated in response to a question, the City has planted large palm trees in City rights-of-way adjoining Gulf-to-Bay Boulevard, but
cannot landscape State rights-of-way. The appearance of many properties has been improved by the City requirement for landscaping improvements along Gulf-to-Bay Boulevard.
Ashraf Zaki, the business owner, did not object to landscaping the site in accordance with staff recommendations. He operates four similar establishments in St. Petersburg, St. Pete
Beach, and Hillsborough County.
No verbal or written support or opposition was expressed.
Two board members indicated they would vote against the request. One objected to the concentration of alcoholic beverage sales establishments in the vicinity. One reiterated a long-standing
objection to allowing sale of single-serving sized containers and/or cold alcoholic beverages where gasoline is sold. In response to a member’s concern, Ms. Dougall-Sides stated expression
of personal opinion by a board member does not disqualify the member from voting. She reminded the board to consider each case individually.
The applicant was advised an affirmative vote of four members is required for conditional use approval. After discussion of his options, the applicant requested a continuance.
Member Kunnen moved to continue Item C6, CU 97 59, to the meeting of October 21, 1997. Members Mazur, Bickerstaffe, Kunnen, and Hilkert voted “Aye;” Member Nixon voted “Nay.” Motion
carried.
C7. Sharlynn Properties (K.P. Nascar, Inc.) to permit vehicle sales at 1559 Gulf to Bay Blvd., Boulevard Pines, Blk B, Lots 1 & 2, zoned CG (General Commercial). CU 97-60
In a letter dated October 3, the applicant’s attorney requested a continuance to work with staff regarding issues described in the staff report. No verbal or written support or opposition
was expressed.
Member Kunnen moved to continue Item C7, CU 97 60 to October 21, 1997. 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. 2301 Campbell Road, Sec. 06-29-16, M&B’s 34.01 & 34.011 (Judith N. Coachman, Paul A. & Carolyn L. Young) A 97-10
ZONE: RS 1 (Single Family Residential)
It was indicated this item is being continued at the applicant’s request. Land owner Paul Young appeared to express concern he was not aware of this City-initiated annexation until
he received notice four days ago of today’s public hearing. He understood 60 day notice is typical for annexation agreements and requested more time to investigate the issue. Adjacent
property owner Carl Charlton expressed concern rezoning may change the neighborhood’s character. No other verbal or written support or opposition was expressed.
Member Kunnen moved to table Item D1, A 97 10. The motion was duly seconded. Members Mazur, Nixon, Kunnen, and Hilkert voted “Aye;” Member Bickerstaffe was not present for the vote.
D2. 1487 Otten Street, Terra Alto Estates, Lot 2 (Brenda M. Evans) A 97-11
ZONE: RS 8 (Single Family Residential)
Ms. Glatthorn presented written background information, stating staff recommends endorsement of annexation to obtain City water and sewer service. The applicant did not appear and was
not represented. No verbal or written support or opposition was expressed.
Member Hilkert moved to endorse Item D2, A 97 11, to the City Commission. The motion was duly seconded and carried unanimously.
Director’s Discussion Items
Acting Chief Engineer Mashid Arasteh provided a brief overview regarding history and status of the Clearwater Memorial Causeway Bridge project. She related the proposed schedule for
environmental assessment, design implementation, funding, public hearings, and right-of-way acquisition. One member expressed strong concerns with the City Commission’s choice of bridge
configuration. It was felt cost should not be a factor when building a project of this magnitude on valuable waterfront land. Ms. Arasteh discussed plans for development of a waterfront
park in conjunction with the bridge, existing and proposed street elevations, traffic
access and circulation through downtown, and the attention being given to ensuring an aesthetically pleasing project. General discussion ensued regarding alternative bridge alignments,
elevations, effects on downtown, traffic flow, and project management.
Central Permitting Director Scott Shuford spoke of the planning involved in meeting the challenges of putting a bridge downtown to ensure the bridge project is a valuable asset to downtown
and Clearwater beach.
Mr. Shuford reported plans are underway to bring in an expert Land Development Code consultant to help finish the rewrite process. Working with the consultant will result in an end
product that more comprehensively covers the legal aspects of land development planning. A draft is expected to be ready for distribution in February or March 1998. He felt the projected
consultant cost of about $235,000 is reasonable, as the code will last for ten or fifteen years and will solve many systematic problems with which the board wrestles currently.
Mr. Shuford is planning an informal staff and advisory board workshop to talk about Land Development Code issues, how staff can better serve the boards, and what is expected of board
members. The workshop will start with a presentation of the City’s complicated permitting procedures. Mr. Shuford invited members to bring their issues of concern to the workshop.
It is hoped the Planning and Zoning Board vacancy is filled quickly so the workshop can be scheduled within the next two weeks.
Board and Staff Comments
Chair Mazur addressed earlier comments regarding his bias or predisposition to vote against conditional uses for sale of single-serving sized containers and/or cold alcoholic beverages
where gasoline is sold. He stated verbalizing his objection is no different from other board members frequently expressing their biases regarding environmental, marine, or legal issues.
General discussion ensued regarding how to solve the drinking and driving issue City wide.
Member Bickerstaffe felt the board’s job is to vote based on their understanding of code. While the board strongly encourages landscaping for City beautification, he expressed concern
with applicants being hit with a barrage of compliance issues when requesting temporary uses.
Member Nixon commented about a letter from Mr. Shuford addressing conditions of approval. She spoke at length about her frustration with frequent board debate of staff recommendations
designed to improve the City. She said she does not plan to seek reappointment when her term expires.
Mr. Shuford responded one of his jobs is to avoid putting board members in compromising positions. He reiterated the need to schedule a staff and board workshop within the next two
weeks. He will prepare special orientation materials for the benefit of new board members.
Member Kunnen thanked Mr. Shuford for the letter mentioned above, and requested discussion of specific incidents to which the letter refers during the workshop. He thanked Mr. Mazur
for his response to the bias issue and pointed out the need for board members to remain fair and impartial.
Member Hilkert did not feel board members should automatically vote to deny conditional use requests based on personal objections to specific activities, when such activities are allowed
by Code. Staff evaluates each request and board members are charged with considering each
application on its merits. He praised the City’s beauty and appreciated the fact that property owners take pride in their properties.
Member Mazur responded he does not oppose alcoholic beverage sales or use, or the jobs such uses bring to the community, but reiterated his concern that sale at gasoline establishments
endangers the health, safety, and welfare of the community. He requested discussion of this issue during the board and staff workshop with a view toward changing the code.
Member Nixon expressed concern with the number of alcoholic beverage sales establishments in the immediate vicinity of today’s requested location. She expressed concern with board
members who would automatically approve a request because it was not illegal, regardless of whether the request was in the City’s best interests. General discussion ensued regarding
this issue.
Adjournment
The meeting adjourned at 5:14 p.m.