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08/04/1998PLANNING AND ZONING BOARD CITY OF CLEARWATER August 4, 1998 Present: Douglas Hilkert Chair Gerald Figurski Vice-Chair Edward Mazur Board Member Frank Kunnen Board Member Rick Anderson Board Member David Gildersleeve Board Member Steven Chandler Board Member Leslie Dougall-Sides Assistant City Attorney Jeff Kronschnabl Special Assistant to City Manager Teresa Mancini Associate Planner Etim Udoh Senior Planner Brenda Moses Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation, Pledge of Allegiance, and a review of meeting procedures and the appeal process. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM A - Minutes of Previous Meetings - May 19, June 2, and July 7, 1998 No corrections or additions were requested for the minutes of the regular meetings of May 19, June 2, and July 7, 1998. Consensus was to approve the minutes as submitted in writing to each board member. ITEM B - Requests for Extension, Deferred, and Continued Items - None. ITEM C - Conditional Uses 1. Crystal Property Investments, Inc. (White Haven Produce & Flower Center) to permit outdoor retail sales, displays, and/or storage at 1345 North Highland Avenue, Sec. 11-29-15, M&B 21.07, zoned CG (General Commercial). CU 98-29 The applicant is requesting conditional use approval to allow outdoor retail sales displays and/or storage of produce, flowers, and/or plants at 1345 N. Highland Avenue under an existing canopy. The applicant intends to add an additional 740 square foot canopy along the west side of the existing canopy. Staff recommends approval subject to conditions. Applicant Carl Way complimented staff for their assistance. He said the parking lot has been paved and will be re-striped this week. Two persons spoke in support of the application, stating the area has been well maintained and no noise or traffic problems have occurred. In response to a question, Lt. Jeff Kronschnabl said the Central Permitting Department is being reorganized to address procedures and the process. Assistant City Attorney Leslie Dougall-Sides said rather than delay the application process, staff recommends conditions prior to obtaining permits, requiring that specific items be addressed. Small business applicants do not always have funding to submit architectural and site plans with the application. Member Mazur moved to approve Item C-1, subject to conditions: 1) the applicant shall obtain the requisite building permit within six months from the date of this public hearing; 2) the applicant shall submit a landscape plan for review and approval by the City’s Landscape Architect prior to obtaining a building permit but no later than thirty days from the date of this public hearing; 3) the applicant shall submit a revised plan of the proposed canopy to be installed prior to obtaining a building permit; 4) the applicant shall re-stripe the parking area, to include twelve parking spaces, as indicated on the submitted plan and in accordance with Section 42.34 prior to obtaining a building permit but no later than thirty days from the date of this public hearing; 5) the applicant shall coordinate with the City’s Traffic Engineer to determine the appropriate application of the Transportation Impact Fee Ordinance prior to obtaining a building permit but no later than thirty days from the day of this public hearing; and 6) the outdoor display area shall be limited to those areas located beneath the existing and/or proposed canopies and shall not encroach upon parking or traffic circulation areas. The motion was duly seconded and carried unanimously. The Chair suspended the agenda temporarily to explain that the board’s main staff liaison is the Central Permitting Department. He introduced the City Manager who addressed concerns regarding recent staff changes. The City Manager said the City is dealing with issues regarding: 1) finding ways to better utilize staff; 2) combining different functions to provide better support internally and to the community; and 3) addressing codes and planning through revision of the LDC (Land Development Code). He said the City’s redevelopment criteria is tougher to accomplish. It is cheaper, easier, and simpler to build on vacant land. To balance the needs of the community, internal systems will be designed around the rules and regulations created around One City. One Future. It is anticipated a first draft of the revised LDC will be available August 17. In September, staff will schedule public meetings to explain how the LDC can facilitate the residential and development communities. In response to a question, he said the City does not want to design projects for people. Staff is considering ways to guarantee permits by specific dates. In response to a question, he said the Central Permitting Department had approved two new positions to review planning processes. The revised LDC will recreate the Planning and Zoning Board, giving it greater authority, and provide staff more discretion in the permitting process. 2. Leon & P.A. Angelikoussis, TRE (Gone to Pot, Inc.) to permit outdoor retail sales, displays, and/or storage at 1550 South Missouri Avenue, Carolina Terrace Sub, Blk F, Lots 3, 4, and 5, zoned CG (General Commercial), CU 98-30 The applicant is requesting conditional use approval to allow outdoor retail sales and displays at 1550 South Missouri Avenue. Staff recommends approval subject to conditions. Store owner Patrick Gallagher complimented Central Permitting staff for their assistance. He referred to Condition #5 and said he cannot enclose the outdoor storage area. He does not plan to enclose it unless theft becomes a problem. In response to a question, Associate Planner Teresa Mancini said the intent of Condition #5 is for the applicant to use a material other than chain link fencing to enclose the outdoor storage area. Member Kunnen moved to approve Item C-2, subject to conditions: 1) the applicant shall obtain the requisite occupational license prior to the start of doing business but no later than six months from the date of this public hearing; 2) the outdoor sales, displays, and/or storage area shall be limited to the areas indicated on the submitted site plan; 3) the applicant shall provide landscape buffering in accordance with the requirements of Section 42.27 and after submitting a landscape plan for review and approval by the City’s Landscape Architect prior to establishing an outdoor retail sales area; 4) the applicant shall provide 15 parking spaces, as indicated on the submitted site plan, after review and approval by the City’s Traffic Engineer and within thirty days form the date of this public hearing; and 5) chain link fencing shall not be utilized to enclose the outdoor storage area. The motion was duly seconded and carried unanimously. ITEM D - Annexation, Zoning, Land Use Plan Amendment, land Development Code Text Amendment, and Local Planning Agency Review 1. 1525 Stevenson Drive, Stevenson’s Height Sub, Blk B, Lot 8 (George Dillard/Bernice Riley) A 98-23 LUP: Residential Low ZONE: RS 8 (Single Family Residential) The applicant is requesting annexation of single family residential property at 1525 Stevenson Drive to obtain garbage collection service. The Engineering Department recommends also annexing the abutting right-of-way along Carol Drive. Staff recommends approval. Member Mazur moved to approve Item D1 as requested. The motion was duly seconded. Member Chandler questioned if the motion also endorses annexation of the abutting right-of-way along Carol Drive. The Chair said when the City Attorney drafts the ordinance, it includes abutting rights-of-way. Ms. Dougall-Sides said the abutting right-of-way on Stevenson Drive is in the City but not the abutting right-of-way on Carol Drive. Upon the vote being taken, the motion carried unanimously. 2. (Cont’d from 07/07/98) ORDINANCE NO. 6303-98 OF THE CITY OF CLEARWATER, FLORIDA RELATING TO TRANSIT SHELTERS AND SIGNS; AMENDING SECTIONS 44.05, 44.52 AND 44.57, CODE OF ORDINANCES; CREATING A NEW SECTION 41.181 RELATING TO TRANSIT SHELTERS; PROVIDING AN EFFECTIVE DATE. The Chair said the City Commission has already passed this ordinance on first reading. Ms. Dougall-Sides distributed a handout to the board regarding an amendment to Section 41.181(3)(b)1, adding a sentence: “No transit shelters with advertising shall be permitted in single family residential zoning districts.” This ordinance would be effective in the City limits of Clearwater. In response to a question, she said was unsure of the Commission’s decision regarding planning districts. Addressing the planning districts also would require action by the Pinellas Planning Council. Todd Pressman, representative, hoped the board will consider if the ordinance should be limited to City boundaries or the planning district. He said expanding coverage to the planning district will result in potential legal difficulties. Discussion ensued regarding the City Manager’s authority regarding the placement of transit shelters closer than 1,000 linear feet apart. It was questioned if language indicating “on the same side of the street or right-of-way” should be included. Ms. Dougall-Sides will forward the suggestion to the City Attorney. She said that section clarifies that only transit shelters with advertising are limited by the 1,000 foot restriction. She noted Section (4)(a) addresses shelters on the same side of the right-of-way, and Section (4)(c) addresses shelters along the same route. Three persons spoke in opposition, citing: 1) Eller’s shelters are smaller than PSTA’s, have no overhangs, and do not protect riders from inclement weather; 2) the proposal does not restrict the content, number, and size of signs on shelters; 3) proposed shelters do not address all design aspects; 4) other cities’ signs emphasize the bus, not the advertising company’s logo or name; 5) the City is rushing into passage of this ordinance; 6) the City Manager’s authority regarding placing shelters closer than 1,000 linear feet should be eliminated; 7) limiting the number of shelters with advertising within the City or planning district limits will create problems; 8) the City should enforce the policy enforced on other businesses regarding advertising in public rights-of-way; 9) residents will not benefit from shelters with advertising; 10) shelters with advertising contribute to visual pollution; and 11) this board’s responsibility is to consider planning and zoning issues that are in the best interests of the City, without being influenced by pending litigation. In response to a question, Ms. Dougall-Sides said PSTA has established the design standards for transit shelters. Section 4(d)12 addresses special design requirements for shelters erected within a City adopted corridor plan. Section 4(d)2 specifies shelters shall provide protection from wind, sun, and rain. They must also meet code requirements. Discussion ensued. It was stated if this agreement resolves all pending lawsuits with Eller Media, the best interests of the City should be considered. It was felt the City has a chance of winning the litigation, and that an ordinance benefiting a specific organization is wrong. In response to a question, Mr. Pressman said Eller may replace or move shelters and advertising shelters. It is not Eller’s intent to relocate shelters to less desirable areas and install shelters with advertising in “prime” areas. He said Eller is working on a private/public partnership to address the need for facilities which PSTA cannot provide. Eller will build the shelters to code and maintain them twice a week. In response to a question, Eller’s Public Affairs Director Shawn Ulrich said Eller’s shelter design is similar to the one used by PSTA. This design is in use in Miami, Florida where bus ridership have not complained regarding lack of protection from inclement weather. He said Eller is committed to working with staff regarding City corridors while meeting PSTA design approval. Discussion ensued. A comment was made if the issue of litigation were not a factor, the ordinance would not be approved. It was suggested the board consider only the amendment and let the Commission address the litigation. It was felt the board should consider all facts, including resolution of the litigation. It was stated the amendment is poorly written. It was commented PSTA has no money budgeted for shelters and anticipates no federal funding. Bus shelters benefit the public and should be accessible to bus patrons. This amendment is a way to alleviate costs associated with mass transit system without increasing taxes. Member Figurski moved to reject the amendment. The motion was duly seconded. Members Figurski, Anderson, and Gildersleeve voted “Aye”; Members Hilkert, Mazur, Kunnen, Chandler voted “Nay.” Motion failed. Member Mazur moved to endorse the amendment. The motion was duly seconded. Members Hilkert, Mazur, Kunnen, and Chandler voted “Aye”; Members Figurski, Gildersleeve, and Anderson voted “Nay.” Motion carried. ITEM E - Chairman’s Items - None. ITEM F - Director’s Items 1. Draft Enterprise Zone Strategic Plan Ms. Mancini said the “Draft Enterprise Zone Strategic Plan for the Brownfields Pilot Project Zone” (EZ Plan) will be reviewed on August 18, 1998. ITEM G - Board and Staff Comments In response to a question, Ms. Mancini said Central Permitting Department staff have not reached a conclusion regarding the board’s request to amend the language staff uses to submit recommendations. It was suggested language be changed from “... meets the standards of review...” to “... appears to meet the standards of review...” It was requested an updated member list be distributed. ITEM H - Adjournment The meeting adjourned at 4:16 p.m.