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12/15/1998PLANNING AND ZONING BOARD MEETING CITY OF CLEARWATER December 15, 1998 Present: Douglas Hilkert Chair Gerald Figurski Vice-Chair Frank Kunnen Board Member Edward Mazur Board Member David Gildersleeve Board Member Rick Anderson Board Member Steven Chandler Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Etim Udoh Senior Planner Teresa Mancini Planner Brenda Moses Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall. Member Anderson gave the Invocation, followed by the 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 - December 1, 1998 Member Gildersleeve requested sentence 3, paragraph 8, page 2 of Item CU 98-44 read “This site, surrounded by commercial uses on the north and south and residential uses on the west, is ...” The Chair asked if there were any other changes or additions to the minutes. Since there were none, the minutes stand approved as corrected. ITEM B - Requests for Extension, Deferred, and Continued Items 1. Exxon Corporation for an additional one year extension of the Conditional Use Permit the June 2, 1998 approval of Alcoholic Beverage Sales at 1505 S. Belcher Road, Sec 19-29-16, M&B 33.06 Zoned CG (General Commercial). CU 98-23 The applicant is requesting an extension of their conditional use approval for packaged alcoholic beverage sales at 1505 S. Belcher Road which was approved on June 2, 1998, and will expire on December 2, 1998. The applicant requires more time to deal with site development issues. Member Figurski moved approval of CU 98-23 as requested. The motion was duly seconded and carried unanimously. CONDITIONAL USES: 1. Community Service Foundation (Foundation Village Neighborhood Family Center & Clearwater Police Substation) to permit construction of a public safety facility at 1498 S. Greenwood Ave., Foundation Oaks Lots 1 & 2, Sec 22-29-15, M&B 32.15, zoned RM 12 (Multiple Family Residential). CU 98-46 The applicant is requesting conditional use approval to develop a police substation with an accessory family center at 1498 S. Greenwood Avenue. The proposed development requires certified site plan approval. The proposed use is consistent with surrounding properties which include a mix of residential and commercial uses. This project will address social and safety needs of neighborhood residents who have struggled with crime and unsafe conditions for years. Staff recommends approval, subject to conditions. In response to a question, Planner Teresa Mancini said this request requires certified site plan approval and observance of landscape regulations. Jerry Spilatro, Executive Director of CSF (Community Service Foundation), said the subject property, previously used for a gasoline station, has been vacant since the structure was razed and used as a hang out and dump. CSF has obtained a $224,000 Safe Neighborhood grant to reduce crime and $75,000 for police overtime. A $192,000 CDBG (Community Development Block Grant) will be used for construction. The facility will house a 3,600-square foot family center and 1,400-square foot police substation. Due to the location’s visibility and prominence, the new substation will help deter area crime. Lee Regulski, CSF, indicated the property is zoned RM 8. Staff said the case had been properly advertised. Mr. Regulski said the applicant has satisfied all conditions of approval. The project will enhance the community character and property values. In response to a question, Ms. Mancini said certified site plans are not required for most sites under 1 acre. Mr. Regulski requested the removal of Item #3 under “Findings of Fact.” It was suggested standard landscape language replace Item #3. Two persons spoke in support: 1) the project will enhance the area; 2) a visible police substation will reduce crime; 3) the neighborhood family center will offer job training and other opportunities; and 4) the project will act as a catalyst for future area development. Member Kunnen moved approval of CU 98-46, subject to conditions: 1) The applicant shall obtain the requisite occupational license within one year from the date of this public hearing; 2) a landscape plan will be submitted for staff approval; and 3) the applicant shall obtain the requisite building permits prior to the start of construction but no later than six months from the date of this public hearing. He requested staff remove Item #3 under the “Findings of Fact” section of staff’s report. The motion was duly seconded and carried unanimously. 2. Thompson Executive Center Partnership (Mobile Veterinary Ultrasound Services, Inc.) to permit veterinary offices at 1249 S. Myrtle Ave., Milton Park, Blk 10,, Lots 6-12, zoned OPD (office Planned Development). CU 98-47 The applicant is requesting conditional use approval to operate a veterinary office/ultrasound service at 1249 S. Myrtle Avenue. The subject property is zoned Office Planned Development and has a land use designation of Residential Office General. The applicant has indicated hours of operation will be from 9:00 a.m. until 5:00 p.m., 3 days per week. The proposed use is consistent with surrounding properties which include a mix of residential and commercial uses. Staff recommends approval, subject to conditions. Carol Griffin said the business currently has a mobile ultrasound unit and fixed site operation and wants to expand with an on site veterinarian to assist in a wellness program. Most of the business will involve geriatric pets. R. M. Thompson, representative, said he is the property’s landlord. He requested the conditional use to accommodate his tenant’s business needs. The Chair acknowledge a letter mailed in support of the application. Member Gildersleeve moved approval of CU 98-47, subject to conditions: 1) The applicant shall obtain an occupational license within six months from the date of this public hearing; 2) there shall be no outdoor cages, runs, or any other outdoor facilities associated with the proposed use; and 3) there shall be no overnight boarding of animals at this site. The motion was duly seconded and carried unanimously. 2. Frederick A. Singletary (Sergeants Appliance & Refrigeration Repair) to permit outdoor retail sales, displays, and/or storage at 1349 N. Highland Ave., Sec 11-29-15, M&B 21.06, zoned CG (General Commercial). CU 98-48 The applicant is requesting conditional use approval for outdoor retail sales, display and/or storage at 1349 N. Highland Avenue. The applicant operates an appliance repair business in a building on the subject property and wishes to establish an outdoor storage area for parts and/or appliances awaiting service. An opaque wooden fence runs along the north and south property lines. Items stored in this area are not visible from Highland Avenue nor the surrounding properties. Staff recommends approval, subject to conditions. Fred Singletary, applicant, said he wants to store commercial and restaurant equipment in back of the building, and display appliances near the road or front of the building. He said CNHS (Clearwater Neighborhood Housing Services) has provided him a low interest loan to keep his business in Clearwater. In response to a question, he said he is enclosing the area rather than enclosing the building. He did not object to the recommended conditions. In response to a question, he noted his preference to have displays in front of the business, noting his glass display area in front the building will suffice. He requested approval of a storage area in back. Member Chandler moved approval of CU 98-48, subject to conditions: 1) All outdoor display or storage of merchandise/parts shall be located within the eastern portion of this site, behind the existing building, and shall be enclosed by an opaque wooden fence; 2) no outdoor display or storage of merchandise/parts shall be visible from Highland Avenue; and 3) all repair and/or servicing shall occur within an enclosed building. The motion was duly seconded. It was remarked appliances would not look attractive on the front portion of the property considering the new streetscaping on Highland Avenue. Upon the vote being taken, the motion carried unanimously. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW 1220 Stockton Drive, Stevenson’s Heights, Blk C, Lot 8 (Fannie Fleming) A 98-30 ZONE: RS 8 (Residential Single Family) The applicant requests annexation of a single family residential property at 1220 Stockton Drive. The applicant receives water and sanitary service from the City and is billed for these services. This annexation will not create an enclave. No other reviews are required by the PPC (Pinellas Planning Council) or DCA (Department of Community Affairs). Staff recommends approval based on the Findings of Fact contained in the staff report. Member Mazur moved endorsement of A98-30. The motion was duly seconded and carried unanimously. 2. 2185 Burnice Drive, Glen Ellyn Estates, Lot 32 (David R. & Margaret M. Clark/David G. & Darla E. Warner) A98-31 ZONE: RS 6 (Residential Single Family) The applicant requests annexation of a single family residential property at 2185 Burnice Drive for sanitary sewer service. A sewer line in the Burnice Drive right-of-way will provide the needed service. The applicant has paid appropriate impact fees. This annexation will not create an enclave. No other reviews are required by the PPC (Pinellas Planning Council) or DCA (Department of Community Affairs). Staff has reviewed this request recommends approval based on the Findings of Fact contained in the staff report. Member Chandler moved endorsement of A98-31. The motion was duly seconded and carried unanimously. 3. Owners: James M. & Bonnie N. Jackson and Ester C. Hunt Z 98-13; LUP 98-11 The applicant requests a zoning change from RM-8 (Multiple Family Residential “Eight”) to P/SP (Public/Semi Public) for properties generally located on the east side of 1501 Pennsylvania Avenue, bordered on the south by Marshall Street, and on the north by Grand Street. Rezoning is needed for the church to establish a multi-purpose building that will include child day care. The applicant also requests a Land Use Plan change from Residential Urban to Institutional to be consistent with the proposed zoning and in compliance with the City-wide future land use plan classification. Two onsite single family and two onsite duplex structures are dilapidated and will be razed. As the site is under 1 acre, the proposed land use plan amendment will not be subject to substantive PPC review. The proposed rezoning is an extension of existing property zoned P/SP (Public/Semi Public). The change will allow the church to bring all properties into the same compatible zoning and land use plan classification. The area has sufficient drainage, sewer, and water for proposed development at this site. In response to a question, Senior Planner Etim Udoh said this request will be consistent with the new code and not require another request for conditional use approval. Alan Goldsmith, representative, said the property is one of the most dilapidated areas in the area. Razing the buildings will greatly improve the area. One person spoke in support, citing: 1) the multi-purpose building will improve the neighborhood; 2) the facility will house children found on the streets until their parents can be located; and 3) the facility will provide daycare services. Director of Planning Ralph Stone acknowledged a letter of opposition to the application. In response to a question, Ms. Dougall-Sides said property under 1 acre can be rezoned if the City Commission determines it is in the public interest. Member Figurski moved approval of Z98-13 and LUP 98-11. The motion was duly seconded and carried unanimously. 4. Continue Review of New Community Development Code Mr. Stone reviewed Commission action on the new LDC (Land Development Code). Staff has met with the Coalition of Neighborhood Associations. The Commission adopted the new code on first reading and scheduled a second reading for January 21, 1999. The Commission 1) increased setback requirements in front yards from 15 to 25 feet; 2) required 4 of 7 CDC (Community Development Code) members represent specific categories; 3) allowed the CDB (Community Development Board) to appoint the chair; and 4) reviewed specifics related to the NCD (Neighborhood Conservation Districts). Discussion ensued regarding language related to the legal field category for CDB members. It was requested the Commission reconsider the requirement that the legal field member have experience in land use law as that requirement will eliminate many from serving who will practice before the board. It was remarked lawyers do not receive degrees in one type of law, but handle all areas of law. It was felt whenever possible, members should possess certain qualifications, but it should not be mandated. E. CHAIRMAN'S ITEMS The next meeting is scheduled for January 5, 1999. According to P&Z rules, the board must elect a new Chair and Vice-Chair, and review rules governing the board. Any requested rule changes will be discussed in the future. It was requested the City Commission consider retaining some P&Z members on the new CDB. F. DIRECTOR'S ITEMS - None. BOARD AND STAFF COMMENTS Staff was recognized for a job well done. The difficulty of juggling 2 codes simultaneously was noted. H. ADJOURNMENT The meeting adjourned at 3:10 p.m.