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04/21/1998PLANNING AND ZONING BOARD CITY OF CLEARWATER April 21, 1998 Present: Douglas Hilkert Chairman Gerald Figurski Vice Chair Robert D. Bickerstaffe Board Member Frank Kunnen Board Member Rick Anderson Board Member David Gildersleeve Board Member Leslie Dougall-Sides Assistant City Attorney Lou Hilton Senior Planner Teresa Mancini Associate Planner Gwen Legters Board Reporter Absent: Edward Mazur Board Member The meeting was called to order at 2:05 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 – April 7, 1998 Concern was expressed with Mr. Gildersleeve having been listed as absent from the April 7 meeting, when he had not been sworn in at the time of the meeting. Ms. Legters explained the notation was needed for term record purposes; Mr. Gildersleeve’s term began April 1, 1998. Concern was expressed with the board having received a report at the April 7 meeting that Mr. Gildersleeve had been sworn in. Hearing no amendments, the Chairman declared the minutes approved as submitted. Conditional Uses 1. Mary Ann Werner/Dzung Cong Phan (Smart Stop Mini Mart, Inc.) to permit package sales of beer and wine (change in business ownership) at 1208 N. Ft. Harrison, Enghurst 2nd Addition, Lots 62 & 63, zoned CI (Infill Commercial). CU 98-15 Mr. Hilton related background. Staff recommended approval with two suggested conditions of approval. Mary Jane Bignotti and Dzung Cong Phan addressed the board. In response to questions, Ms. Bignotti said they understood and accepted the suggested conditions. No discussion concerning perimeter buffering has occurred with adjacent residential property owners. No verbal or written support or opposition was expressed. Member Figurski moved to approve C1, CU 98-15, as submitted, subject to the following conditions: 1) The applicant shall obtain a State of Florida Alcoholic Beverage License within 6 months of the date of this public hearing; and 2) The hours of operation shall be limited to 8:00am to 9:00pm Monday through Friday and 8:00am to 10:00pm on weekends. The motion was duly seconded and carried unanimously. 2. Claude F. Peoples/Kimberly Homes, Inc. (The Kimberly Home) to permit (1) child day care at 1185 N.E. Cleveland St., Bassadena Sub, Blk D, Lots 4-8, and (2) a residential shelter at 1190 Brown’s Court, Brown’s Court, Lot 8, zoned OL (Limited Office). CU 98-16 Mr. Hilton related background, zoning, code requirements for impact fee, landscaping, parking, fencing, title provision, and maximum occupancy. Staff recommended approval with two suggested conditions of approval. Discussion ensued regarding whether or not a Unity of Title is needed to show the lots are interrelated for traffic ingress, egress and parking configuration. Concern was expressed with issuing a certificate of occupancy prior to determining maximum occupancy and potential impact on the property. Patti Stough, architect representing the applicants, responded to questions regarding site layout shown on the conceptual plan. She stated an option to purchase one of the adjacent properties shown on the plan is contingent on today’s hearing. She highlighted operation of the 15-year-old organization to provide services, education and care for women in crisis pregnancies. Discussion ensued regarding required parking, parking variance approval, building use, licensing requirements, additional construction onto the existing building, and proposed demolition of two buildings on the new property. She said funds are not currently in place to develop the new property. The applicants wish to hold the land until needed for future facility expansion. An existing single family residence on the south side of the new area is not included in current plans. Discussion resumed regarding traffic, driveway configuration, and Unity of Title requirements. The applicant wishes to change proposed operating hours, to enable opening at 6:00 a.m. Total occupancy of six babies and four women is proposed. No verbal or written support or opposition was expressed. Member Figurski moved to approve Item C2, subject to the following conditions: 1) The applicant shall obtain the requisite building permit within six months from the date of this public hearing and certificate(s) of occupancy within one year from the date of this public hearing; 2) The hours of operation shall be limited to 6:00am until 7:00pm seven days a week; and 3) Maximum occupancy of the residential shelter shall be four pregnant women. 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. 1837 Brentwood Drive, Lake Lela Manor 1st Addition, Lot 11 (Howard B. & Helen J. Read) A 98-12 LUP: Residential Urban ZONE: RS-6 (Single Family Residential) Mr. Hilton related background, stating staff recommends endorsement of the request for annexation to obtain sewer service. The applicant was not present and was not represented. No verbal or written support or opposition was expressed. Member Kunnen moved to endorse Item D1 to the City Commission. The motion was duly seconded and carried unanimously. D2. 2340 Anna Avenue, Rolling Heights, part of Lot 28 (Michael E. & Michelle L. Monroe) A 98-13 LUP: Residential Urban ZONE: RS 6 (Single Family Residential) Mr. Hilton related background, stating staff recommends endorsement of the request for annexation to obtain sewer service. The applicant was not present and was not represented. No verbal or written support or opposition was expressed. Questions were raised and discussion ensued regarding how City sewer fees are calculated when the property is supplied with County water on a County meter, as the County bills in gallons; the City bills in cubic feet. It was felt this issue should be called to the attention of the City Commission. Member Kunnen moved to endorse Item D2 to the City Commission. The motion was duly seconded and carried unanimously. D3. 2832 St. John Drive, Virginia Groves Terrace 5th Addition, Blk B, Lot 4 (Paul L. & Patsy E. Howell) A 98-14 LUP: Residential Urban ZONE: RS 8 (Single Family Residential) Mr. Hilton related background, stating staff recommends endorsement of the request for annexation to obtain sewer service. The applicant was not present and was not represented. No verbal or written support or opposition was expressed. Questions were raised again regarding calculation of City sewer fees when the County supplies the water. Member Kunnen moved to endorse Item D3 to the City Commission. The motion was duly seconded and carried unanimously. D4. LUP and Zoning Atlas Amendments for 1484 South Greenwood Avenue, M&B 32/16 & the North 108.71 feet of M&B 32/14 (Community Service Foundation, Inc.). Z 98-05, LUP 98-02 Mr. Hilton related background, stating staff recommends endorsement of the rezoning request for a low income residential housing complex at Woodlawn Street in South Greenwood neighborhood. Gerry Spilatro, Community Service Foundation Executive Director, outlined history of the program. The applicants propose: 1) to construct six new apartment units for low income residents, and 2) to donate ¼ acre of the subject property to the City of Clearwater for construction of a new 5,000 square foot facility to accommodate an existing police substation and neighborhood family center. Grant funding is in place to build, staff, and furnish the center, used for after school family education. Lee Regulski, Community Service Foundation Trustee, detailed rezoning and lien history on the site. He responded to questions regarding property ownership and options for donating and/or leasing portions of the property. One citizen spoke in support of the request, highlighting history of the land use and crime problems over the seven years it has taken to get this property in shape. Discussion ensued regarding two corner lots not included in the application; using the correct zoning for the balance of the property in case expansion is needed; and police substations as conditional uses. Member Bickerstaffe moved to endorse Item D4 to the City Commission. The motion was duly seconded and carried unanimously. D5. LUP and Zoning Atlas Amendments for 1384 Pierce Street, M&B 14-01 (P B Horizon, Inc./Thomas C. Nash, II) Z 98-06, LUP 98-03 Mr. Hilton related background, stating staff recommends endorsement of the rezoning request. Tom Nash, attorney representing the applicant, said the property was rezoned from office to residential in the 1980’s. An existing doctor’s office use was grandfathered at that time, and operated continuously until the early 1990’s, when the office closed and the use expired. The applicants are requesting reinstatement of the office designation. Questions were raised why staff recommended a General Office designation, when the surrounding area is primarily General Commercial. Discussion ensued regarding the issue. Member Kunnen moved to endorse Item D5 to the City Commission. The motion was duly seconded and carried unanimously. D6. LUP and Zoning Atlas Amendments for 1261-1283 Lakeview Road, Cleveland Grove, Block 7, Lots 62-64 & Boylan Subdivision, Lots 1-3, (Harry J. Free; Valerie A. Hofmeiser & Merle H. Blasjo). Z 98-07, LUP 98-04 Mr. Hilton said this item had been incorrectly advertised, resulting in an outpouring of protest from citizens who objected to, what was believed to be, rezoning from single family to multiple family residential. The advertising was corrected to reflect the actual rezoning to Limited Office, and the protest was withdrawn. Mr. Hilton detailed the proposal to make zoning consistent with the contiguous district and eliminate fragmentation. Harry Free, applicant, said he is a partner in a medical office across Friend Street from the subject properties. He owns the corner lots on Friend and Boylan Avenues along Lakeview Road, and wishes to rezone them for office use. In response to a question, he said owners of a small house on the subject property joined him in this application, as they wish to sell their house with the property. Two people spoke to the item. After receiving clarification regarding the advertising error, they did not object to the proposal. Member Kunnen moved to endorse Item D6 to the City Commission. The motion was duly seconded and carried unanimously. Board and Staff Comments New Member David Gildersleeve was welcomed to the board. Mr. Hilton announced Lorenzo Aghemo has been appointed to the position formerly known as Central Permitting Director. The position is being renamed, Development Director. Staff was reminded to change the name in the board’s rules. Mr. Aghemo will be invited to attend a future Planning and Zoning Board meeting. Adjournment The meeting adjourned at 3:23 p.m.