CITY OF PINELLAS PARK, FLORIDA PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING August 3, 2017

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1 CITY OF PINELLAS PARK, FLORIDA PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING August 3, 2017 The meeting was called to order at 7:00 p.m. by Dennis Shelley, Chairperson. ROLL CALL PRESENT: ABSENT: STAFF PRESENT: INVOCATION: Dennis Shelley, Chairperson William DeLong, Vice Chairperson Raymond Long James Madden Keith Sabiel Brenda Braitling Louis Bommattei Anna Weaver, Zoning Coordinator Stephanie Scalos, Staff Assistant, Notary Lauren Rubenstein, Assistant City Attorney Keith Sabiel PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: July 6, 2017 MOTION was made by Mr. DeLong and SECONDED by Mr. Madden to APPROVE the minutes of July 6, 2017 as published. REGULAR AGENDA Mr. Shelley Read the rules and procedures for the Planning and Zoning Commission. Ms. Scalos Swore in all those wishing to speak. PUBLIC HEARING OPENED 1. CASE NO.: PUD /CU /BOA /MS (Quasi-Judicial) REQUEST: Consideration of a request for a rezoning from B-1 General Commercial to B-1 General Commercial with an RPUD Residential Planned Unit Development Overlay, generally located at 8851 US Highway 19, providing for 24 units per acre; also requested is a Conditional Use to height of the structures, a variance to reduce the parking requirement and a waiver to the width of landscape islands. PAGE 1

2 LOCATION: 8851 US Highway 19 Ms. Weaver Confirmed that all procedural requirements have been met and presented the staff report into the official record. QUESTIONS FOR STAFF Mr. Madden Was there a bank there before? Ms. Weaver Correct. Mr. Madden - Did the bank pay the impact fees associated with the development? Ms. Weaver I have not done the research on that yet. Typically for the staff report, I just look at the trip generation. That will be assessed when they come in for permitting. Mr. Madden They will get credit if the bank did pay fees, correct? Ms. Weaver Yes. Mr. Madden It appears that the pool cantilevers over the retention pond. Is that the case or is there actual dirt underneath there? Ms. Weaver That should be a question for the applicant. Mr. Madden Why are they asking for a height variance from existing code to 10 feet above? Ms. Weaver That would also be a question for the applicant. PROPONENTS Mr. Kurt Kehoe 3413 Spring Lake Place, Longwood, FL and I have been sworn. I m happy to answer any questions you may have. Mr. Madden, in regards to the pool, no it does not cantilever over. The boundary of the pool deck would just go into the water and we would have a wall there. It does obviously sit on dirt. Mr. Madden I also asked the question about the variance to height. Why are you asking for a height variance? Mr. Kehoe We have two L-shaped buildings. We are asking for the variance because the average height of the buildings will be above the 50 feet allowed by code. I believe it will be 54 feet at its peak but we just rounded up in asking for the variance. Ms. Weaver The height is measured at the building s peak, so it would be measured at the roof. Mr. Madden So these will not be flat roofs? Mr. Kehoe Correct. It is a sloped roof. PAGE 2

3 Mr. Madden These will be 3 story buildings? Mr. Kehoe They will be 4 story buildings. The apartments will have 9 foot ceilings and again, it will be a pitched roof. When you add all that together, it will be above the 50 feet allowed by code. Mr. Delong The ingress is going to be off of Gateway Centre Boulevard? Mr. Kehoe Yes sir. Mr. DeLong Are you going to modify the grass island located there? Mr. Kehoe There are no plans to. There is a median cut there and we have aligned up with that. Mr. DeLong There is no room for traffic stacking for the people coming off of US 19 onto Gateway Centre Boulevard that are turning left into the complex. At certain times of the day, it gets really busy through there. Are you creating any kind of left turn lane to stack cars? Mr. Kehoe No sir, there is not. Mr. Sabiel The only ingress to this property is off of Gateway Centre Boulevard? Mr. Kehoe Yes, that is correct and there is a right turn, exit only onto US Hwy 19. We met with FDOT. We initially had entrance and an exit off 19 but they wouldn t allow that. The only thing they will allow is an exit only for residents. Ms. Rose Sliger Ms. Scalos swore in st Way. Mr. Kehoe has been kind enough to meet with Unit 7 and discuss his intent with the property. We are comfortable with the plans at this time. Ms. Braitling Where will the public transportation connection be for residents? Mr. Kehoe There is a bus stop out front and we are proposing a direct connection to that stop. Our community plans to be gated and fenced so we will have an access gate for the bus stop. Mr. Madden I have a question for staff. Item J on page 6, it states there will be a private trash collector. I thought the City requires the use of Waste Management. Ms. Weaver The City contracts with Waste Management but a private property can have their own trash service on their property. Mr. Madden So it could be someone other than Waste Management? Ms. Weaver I am unsure of the answer to that question. Can you answer this better? Ms. Rubenstein I would need to do some research but I do believe it is required for all properties to use Waste Management. If they have their own employees that collect the trash and deliver it to Waste Management, that might be acceptable. I m not sure if that is what they intend or not. Mr. Madden The reason I bring this up is it is part of a PUD and we don t want that to move forward if that is their intentions. If it is in conflict with the City s regulations, then no. PAGE 3

4 Ms. Rubenstein That is something we need to have staff look further into. Mr. Kehoe Our intent is that there will be on-site staff that collects the trash from the resident s garbage shoots, then Waste Management will pick up out of the property s dumpsters. We will be using the City s trash service. We re just talking about on-site, the residents don t have to take it down to the dumpsters. OPPONENTS PUBLIC HEARING CLOSED BOARD DISCUSSION MOTION was made by Mr. DeLong and SECONDED by Mr. Long to APPROVE case no. PUD /CU /BOA /MS subject to the following conditions: 1. Development controls are established through the development order, consisting of the application, staff report and preliminary and final site plans along with any accompanying text or graphics that constitute land development regulations applicable to the subject site. The submitted site plan, prepared by Clearview Land Design, P.L. and last revised on July 21, 2017 and as may be directed by City Council to revise as a result of their review, shall be accepted as the controlling site plan for the development. All regulations not addressed in the site plan and supporting documentation shall default to Code in effect at the time of RPUD Residential Planned Unit Development adoption. 2. The Zoning Director may approve an extension of up to one year prior to the expiration of the site plan. ROLL CALL VOTE Aye: DeLong, Long, Shelley, Madden, Braitling, Sabiel Nay: MOTION CARRIED UNANIMOUS VOTE PUBLIC HEARING OPENED 2. CASE NO.: CU /MS (Quasi-Judicial) REQUEST: LOCATION: Consideration of a request for a Conditional Use to establish a Restaurant, drivein/drive-thru with a waiver to the Conditional Use requirement for limited hours (7:00 a.m. to 11:00 p.m.) when functionally abutting a residential zoning district to allow operation from 6:00 a.m. to 12:00 a.m Park Boulevard Ms. Weaver Confirmed that all procedural requirements have been met and presented the staff report into PAGE 4

5 the official record. QUESTIONS FOR STAFF PROPONENTS Mr. Christian Yepes th Avenue and I have been sworn. Mr. Madden What is your thought on the drive-thru because it appears there is a conflict with two things. First is the number of cars can be stacked in the drive-thru and secondly, you have a dumpster right there. Mr. Yepes Yes sir, there is dumpster enclosure in the northwest corner. Mr. Madden There appears to be a conflict with whomever is picking up the trash. Also, there is only room for 3 or 4 cars to be stacked in the drive-thru, then they will be out in the road. Mr. Yepes This is for a Smoothie King. That is going to be the tenant. Customers will be coming in and picking up their order, then exiting through a private drive. Mr. Madden Once you get into the drive-thru, it can only accommodate at most 4 cars. If you have a real good day, you will have cars stacked up outside your property. Mr. Yepes To be clear, you are saying that the cars will be stacked onto 50 th? Mr. Madden Yes. Mr. Yepes You need about 10 cars to do that. Mr. Madden No. I scaled it out. I can tell you, cars are roughly 18 to 20 feet in length. I don t know where your window is, even if it is to the south of the building, you only have room for 3 to 4 cars. Mr. Yepes The window is located on the south portion of building. It is almost the last thing you see. Ms. Braitling That is a single window? Mr. Yepes Yes. Ms. Braitling They don t order before they get to the window? Mr. Yepes There will be a stand alone menu board and ordering station in the grassy area. They will then pick up their order at the window. Ms. Braitling It is not on the site plan so that is why I have to ask. Mr. Yepes I understand. We are currently going through design plans with the tenant. They will dictate where they want the menu board located. PAGE 5

6 Ms. Braitling With an external speaker? Mr. Yepes Yes. Mr. Shelley Do you have an idea of the typical wait time for an order? Mr. Yepes Generally speaking, it is about 1 ½ minutes. Mr. Madden Would there ever be an occasion where their food is not ready and they will have to wait? Other fast food restaurants have a waiting area. Mr. Yepes In that instance, they would just pull forward into one of the vacant spaces. Ms. Weaver I would like to make a statement about the stacking requirement. It is 80 feet from the property line to the very last window. Board Discussion Ms. Braitling I m trying to understand the traffic flow. There s an entrance from 75 th and an entrance from 50 th Street. Those coming in from 50 th Street have to cross over traffic to get into the drive-thru lane. Mr. Yepes Yes, you would be coming in and making a left into the drive-thru. Ms. Braitling So how do you know who gets to go first if someone comes in from 50 th and then someone else comes in from 75 th? It isn t a clear traffic pattern. Mr. Yepes It would be the same as any other drive-thru with dual entries. We cross that bridge with many other restaurants like Burger King, McDonald s and Chick-Fil-A. Ms. Braitling Most restaurants that I see, they don t have that problem. There is a clear traffic pattern for a drive-thru. Perhaps in the past it was like that but I haven t seen anything like that in 30 or 40 years. Mr. Yepes We can use striping and signage to dictate the drive-thru lane. Generally speaking, we are talking about high volume drive-thru situations and I understand you didn t have the benefit of knowing who the tenant was until I said who it was. Ms. Braitling Sir, it doesn t matter who the tenant is. It could have anyone as a tenant. I m talking about the design of the property. It doesn t matter if it s Burger King or Smoothie King. The problem we have, we have to just consider it as a drive-thru. Mr. Yepes Sure. I understand. I have no problem with directing the traffic to use the 50 th Street entrance. I would hesitate on putting in a median there because you could cause other issues. The traffic coming in off 75 th, we could direct them to circle the building and fall in line. Ms. Braitling The outer edge along 50 th, is that a sidewalk? Mr. Yepes Yes, there is a sidewalk. Mr. Sabiel If you go down to the Tropical Smoothie Café at Park Boulevard and 63 rd Street, they have the PAGE 6

7 same situation where they can come off the side road or come in from the west side of the building. These type of restaurants don t typically have that kind of traffic level like a McDonald s. I know, I ran a Tropical Smoothie. Ms. Braitling Correct me if I m wrong, we are just considering this as any drive-thru. It could be a Dunkin Donuts. Mr. Sabiel Sure. Yes. It is also a courtesy, we all have to be courteous drivers is the way I look at it. I don t have a problem with it. Ms. Braitling What about the noise of the speaker? I didn t see one on the plan so I thought they were placing orders at the window. Ms. Weaver There is no requirement for the speaker. It must follow the standard decibal level in the noise ordinance. The location will not matter either when it comes to permitting as far as Zoning code goes. Mr. Yepes We will face the speaker west and not north. We do that any time a property is abutting residential. We don t want the speaker facing the houses. Mr. Madden The patrons going into the restaurant, it s going to be difficult for them to navigate around the drive-thru traffic or go around to the south. Also, you are asking for a variance for the hours. What justification or reason do you have for a change in the hours of operation? Mr. Yepes On the south side of the building is where the customers coming into the restaurant will be parking. The front door will be facing Park Boulevard. If your intent is to go inside, you wouldn t be crossing the drive-thru traffic. The hours is to allow flexibility to be open late. They are open early as they have a good breakfast rush. Mr. Madden So you know who the tenant will be? Mr. Yepes Yes sir. Mr. Madden I don t really need to know. I m just looking at it from a full development standpoint because someone else can come in there later on. OPPONENTS REBUTTAL PUBLIC HEARING CLOSED BOARD DISCUSSION MOTION was made by Mr. DeLong and SECONDED by Mr. Long to APPROVE case no. CU /MS subject to the following condition: PAGE 7

8 1. The applicant must replace all dead or missing landscaping. ROLL CALL VOTE Aye: Shelley, DeLong, Long, Brailting, Sabiel Nay: Madden MOTION CARRIED MAJORITY VOTE PUBLIC HEARING OPENED 3. CASE NO.: PUD /MS (Quasi-Judicial) REQUEST: LOCATION: Consideration of a request for a rezoning from B-1 General Commercial to B-1 General Commercial with an RPUD Residential Planned Unit Development Overlay, generally located at 7875 and th Street, providing for 24 units per acre and a waiver to one required tree in an interior island within a utility/stormwater easement and th Street Ms. Weaver Confirmed that all procedural requirements have been met and presented the staff report into the official record. QUESTIONS FOR STAFF PROPONENTS Mr. Christian Yepes th Avenue and I have been sworn. Mr. Shelley Why the 3 story building? Mr. Yepes From a design standpoint, it was the best way to stay under the 82 unit requirement. Mr. Shelley The buildings will stay under the 50 foot height requirement? Mr. Yepes Yes. Ms. Braitling In regards to the 18 unit building, why is it set so far back? Why is it so close to the wall? Then there is going to be oak trees near there. I m just wondering if the building is in the right place on the plan. Mr. Yepes We wanted residents to have enough room to get to their cars. If we split the difference, it doesn t leave enough room for access to parking. PAGE 8

9 Ms. Braitling Again, why is the building so close to the wall as opposed to the setback line? It might just be misplaced on the site plan. Mr. Yepes I don t have a good answer for that. Ms. Braitling You are going to have very large trees like oak trees. How are you going to fit an oak tree within the 5 feet? Again, I just thought the building was misplaced on the site plan since the setback is so different. Mr. Yepes We had different variations of plans in regards to this portion of the property. I m really not sure why this was the final version. The architect had some input on design and layout and this is what we ended up with. Ms Braitling It just concerns me when you have things so close and tight together. There could be some drainage issues. Mr. Yepes We definitely ran through different drainage models. That shouldn t be an issue. Ms. Braitling Well, I don t have a drainage plan here so I don t know. Why did you do a walled pond so close to the road? What is that going to look like? Mr. Yepes We did that to maximize the capacity of the area, instead of a much larger pond in the middle of the property. Ms. Braitling What is it going to look like from 49 th Street? Mr. Yepes It will look no different than a retention pond. Ms. Braitling Will there be a chain link fence around the pond? Mr. Yepes You have to maintain safety to the pond for safety reasons. You will usually see a black vinyl link fence rather than a chain link fence. It will be something that will protect people from the pond but yet maintain visibility of it. Ms. Braitling So it will be all the way around the pond? Mr. Yepes Yes ma am. There will be a gate to access the pond if necessary. Ms. Braitling It is not on the site plan so I have to ask. Why is the exit offset with the space in the median off 49 th Street? I see that as a traffic nightmare off 49 th Street. That doesn t make any sense to me. Mr. Yepes That was done intentionally so people won t try to turn left onto 49 th Street. Ms. Braitling You are still going to have people cutting across all lanes of traffic to make a left there. Does that exit have to be there? PAGE 9

10 Mr. Yepes A lot of that is dictated from the County but we wanted it to be a right turn only so we don t create extra traffic coming in and out at that point. Mr. Sabiel In the Police Department s comments, they recommend gating the property. Will this be a gated community? Mr. Yepes At this point, no, we have no plans to gate it. If it is a concern, we will look at that. Mr. Sabiel It is a concern of our Police Department. Also, will this be affordable housing? Mr. Yepes No sir, it will be workforce housing. It will meet the percentages but it will not be affordable housing. That s not to say that people won t be able to afford it, just not considered affordable housing. Mr. Shelley Do you know the percentage for workforce housing? Ms. Weaver The City s requirement for workforce housing is that if they increase the density of 15 units per acre to 24 units per acre, we require them to have at least half of those additional units to be listed at 30% of 150% area wide median income. It will be about 15 of the 82 units; however, in some instances, all the units do fall under that. It is a minimum of 15. Mr. Yepes We will definitely meet that requirement. OPPONENTS REBUTTAL PUBLIC HEARING CLOSED BOARD DISCUSSION MOTION was made by Mr. DeLong and SECONDED by Mr. Long to APPROVE case no. PUD /MS subject to the following conditions: 1. Development controls are established through the development order, consisting of the application, staff report and preliminary and final site plans along with any accompanying text or graphics that constitute land development regulations applicable to the subject site. The submitted site plan, prepared by Native Engineering and last revised on July 21, 2017 and as may be directed by City Council to revise as a result of their review, shall be accepted as the controlling site plan for the development. All regulations not addressed in the site plan and supporting documentation shall default to Code in effect at the time of RPUD Residential Planned Unit Development adoption. 2. The property shall be a gated community. PAGE 10

11 ROLL CALL VOTE Aye: DeLong, Madden, Long Nay: Shelley, Sabiel, Braitling MOTION FAILED MOTION was made by Mr. DeLong and SECONDED by Ms. Long to APPROVE case no. PUD /MS subject to the following conditions: 1. Development controls are established through the development order, consisting of the application, staff report and preliminary and final site plans along with any accompanying text or graphics that constitute land development regulations applicable to the subject site. The submitted site plan, prepared by Native Engineering and last revised on July 21, 2017 and as may be directed by City Council to revise as a result of their review, shall be accepted as the controlling site plan for the development. All regulations not addressed in the site plan and supporting documentation shall default to Code in effect at the time of RPUD Residential Planned Unit Development adoption. 2. The property shall be a gated community. 3. The developer shall move Building 1 to the west to be built at the front setback line of 20 feet. ROLL CALL VOTE Aye: DeLong, Madden, Long, Shelley, Braitling, Sabiel Nay: MOTION CARRIES UNANIMOUS VOTE NEW BUSINESS GENERAL BUSINESS ADJOURNMENT MOTION was made by Mr. DeLong and SECONDED by Mr. Long to ADJOURN the meeting. ROLL CALL VOTE Aye: DeLong, Long, Shelley, Madden, Braitling, Sabiel Nay: MOTION CARRIES UNANIMOUS VOTE PAGE 11

12 Meeting adjourned at approximately 7:55 p.m. Dennis Shelley, CHAIRPERSON PAGE 12