Clearwater, Florida, September 12, 2013 The Pinellas County Local Planning Agency (LPA) (as established by Section 134-12 of the Pinellas County Land Development Code, as amended) met in regular session in the County Commission Assembly Room, Fifth Floor, Pinellas County Courthouse, 315 Court Street, Clearwater, Florida at 9:00 A.M. on this date with the following members present: Lauralee G. Westine, Chairman David Brandon, Vice-Chairman Cathy Harrelson Regina Kardash Steve Klar Jeff Parker Ronald Schultz (Alternate) Not Present: Michael Bessette (non-voting School Board Representative) Susan Reiter Also Present: Gordon R. Beardslee, Division Manager, Planning Department John F. Cueva, Zoning Manager, Planning Department Marcella Faucette, Program Planner, Planning Department Jewel White, Managing Assistant County Attorney David S. Sadowsky, Senior Assistant County Attorney Other interested individuals Arlene L. Smitke, Board Reporter, Deputy Clerk CALL TO ORDER Chairman Westine called the meeting to order at 9:00 A.M. and confirmed the presence of a quorum. MINUTES OF JUNE 13, 2013 AND JULY 11, 2013 MEETINGS APPROVED Mr. Brandon moved, seconded by Ms. Kardash and carried, that the June 13, 2013 and July 11, 2013 minutes be approved. 1
PUBLIC HEARING ITEMS Legal notice having been published for the items on the agenda, as evidenced by affidavit of publication filed with the Clerk, public hearing was held on the following: PROPOSED AMENDMENTS TO THE PINELLAS COUNTY FUTURE LAND USE MAP AND/OR ZONING ATLAS 1. APPLICATION OF JOE S CREEK INDUSTRIAL PARK, LTD., C/O DAVID KRAMER, FOR A CHANGE OF ZONING FROM M-1, LIGHT MANUFACTURING & INDUSTRY, TO C-2, GENERAL RETAIL COMMERCIAL AND LIMITD SERVICES, AND A LAND USE CHANGE FROM INDUSTRIAL LIMITED TO COMMERCIAL GENERAL (Z/LU-21-9-13) CONTINUED FOR 60 DAYS Public hearing was held on the application of Joe s Creek Industrial Park, Ltd., c/o David Kramer, for a change of zoning from M-1 to C-2 and a land use change from Industrial Limited to Commercial General (Z/LU-21-9-13), re three parcels containing approximately 1.38 acres located between 46th Avenue North and 47th Avenue North on the west side of 28th Street North in the unincorporated area of St. Petersburg. Referring to an aerial photograph and the zoning and land use map, Mr. Cueva pointed out the subject parcel and described the surrounding land uses, relating that the applicant has provided an affidavit stating that retail uses have occurred on the subject property since 1962, which is not enough to qualify for determination as a nonconforming use; and that the property must have been continually used for retail business from 1962 to the present time; whereupon, he indicated that staff recommends denial of the application primarily based on the Board of County Commissioners policy of trying to retain all industrial zoning and land uses in the County; that approval of the change from M-1 to C-2 would not be appropriate and would set an undesirable precedent; that certain commercial uses that provide services to the industrial area would be allowed, but were not applied for; and that retail services are provided in the C-2 zoning area to the east. James W. Powell, Esquire, St. Petersburg, and David Kramer, Pridgen Realty, St. Petersburg, indicated that they represent the applicant, Joe s Creek Industrial Park, which is owned by the Fleeman family. Mr. Powell stated that the property owner has been unable to rent the property for industrial use due to its low ceilings; that retail use is consistent with surrounding properties; that the applicant is sympathetic to the 2
Board s desire to retain industrial property and would be willing to rezone it back to industrial if an appropriate tenant can be found; that the property has been empty for nearly eight years; that the only interest has been for small, startup businesses; and that retaining the current industrial designation denies the property owner the right to use the property to meet the demand. Responding to query by Ms. Kardash, Mr. Powell related that businesses expressing interest in the property include a dance company, a CrossFit gym, and several karate studios. Responding to queries by Ms. Harrelson and Mr. Brandon, Messrs. Kramer and Powell referred to the aerial photograph and described the area, noting buildings, parking areas, entrances, previous tenants, and current adjacent uses, and stated that the buildings were constructed in the 1960s; and that there is a tenant in one building, renting on a month-to-month basis. Chairman Westine inquired whether it is the intent of the applicant to tear down and replace the existing buildings, and Mr. Kramer indicated that it is not, noting that one building was completely renovated eight years ago following a restaurant fire, and has been empty ever since. Responding to queries by the members, Mr. Cueva related that retail sales were allowed in the C-3 zoning district prior to modification of the Code in 1990; that grandfathering is lost if the use stops for a period of 180 days; that three affidavits are required to qualify for nonconforming use review; that the northern parcel could possibly qualify; and that a miscommunication could have occurred; whereupon, Mr. Powell reiterated that the property has been consistently used for retail; and that the applicant would be willing to revert to industrial zoning should a leasing opportunity arise. Following brief discussion, Mr. Cueva suggested that the case be continued to allow the applicant to submit the appropriate affidavits and the nonconforming use committee to review additional information regarding the eight-year gap, noting that if the building was destroyed by fire, there was no intent to abandon the use. Mr. Powell indicated that the County is in the process of updating its Code, providing more flexibility of use; that there has been no industrial demand for eight years; and that the parties should seek a way to make it work, to avoid the onset of blight; whereupon, Mr. Beardslee listed various uses allowed in M-1 zoning, and Mr. Brandon noted that service-type businesses are better suited to the interior of the industrial park where there is less frontage. 3
Thereupon, Ms. Harrelson moved, seconded by Mr. Parker and carried, that Case No. Z/LU-21-9-13 be continued for a period of 60 days. 2. APPLICATION OF LOYAL ORDER OF MOOSE PALM HARBOR LODGE 433 THROUGH RICHARD MARCEL/GIACOMO LICARI, REPRESENTATIVES, FOR A CHANGE OF ZONING FROM R-4, ONE, TWO, AND THREE FAMILY RESIDENTIAL, AND C-2, GENERAL RETAIL COMMERCIAL AND LIMITED SERVICES, TO P-1, GENERAL PROFESSIONAL OFFICE, AND A LAND USE CHANGE FROM RESIDENTIAL/OFFICE GENERAL AND RESIDENTIAL URBAN TO RESIDENTIAL/OFFICE GENERAL (Z/LU-22-9-13) RECOMMEND APPROVAL Public hearing was held on the application of Loyal Order of Moose Palm Harbor Lodge through Richard Marcel/Giacomo Licari for a change of zoning from R- 4 and C-2 to P-1 and a land use change from Residential/Office General (0.21 acre) and Residential Urban (0.13 acre) to Residential/Office General (Z/LU-22-9-13) (proposed Future Land Use Map amendment only applies to the western portion of the parcel [0/13 acre]; proposed zoning amendment applies to the entire property), re approximately 0.34 acre located on the northwest corner of Alternate U.S. Highway 19 (Alternate 19/Palm Harbor Boulevard) and Rebstock Boulevard, Palm Harbor. Referring to an aerial photograph and the zoning and land use map, Mr. Cueva pointed out the subject parcel and described surrounding land uses, noting that the Board of County Commissioners had recently approved a similar request in the area upon recommendation of the LPA; that some C-2 zoning remains along Alternate 19, left over from the 1980s when the Pinellas Planning Council and County Commission voted to restrict development to office-type uses; that the Moose was recently cited for bringing in fill without a permit; and that approval of the Land Use Plan change would correct the violation and address an extreme traffic hazard that exists due to cars parking in the rightof-way; whereupon, he noted that the applicant cannot meet current parking requirements without the Land Use Plan amendment. Mr. Cueva pointed out the location of the proposed parking area on the Concept Plan, as well as a buffer area consisting of a six-foot PVC fence and additional landscaping. He related that the adjacent property owner has expressed concern regarding outdoor events previously held on the property, and that such activities are not allowed and would require a Special Exception permit issued by the Board of Adjustment, noting that staff would likely not support the request due to possible adverse impacts to the property owners to the west. 4
Mr. Cueva related that staff supports the application, as the amendments would be consistent with previous Board action and allow the applicant to develop the site consistent with today s Code, providing for safer access and improved stormwater drainage; whereupon, he noted that alcohol is currently sold on the site in conjunction with the Moose Lodge, which would not occur if the property is sold in the future for office development. Discussion ensued, and responding to queries by the members, Mr. Cueva indicated that prohibited outdoor activities include cookouts or other events where Lodge patrons congregate in the parking area; that an existing tree may need to be removed; that the C-2 zoning allows for the dispensing of alcohol, but the R/OG land use allows only office uses; that the Moose is allowed to dispense alcohol because it is a fraternal organization; and that a future purchaser of the land would not be allowed to dispense alcohol unless it is also a fraternal organization. Responding to the Chairman s call for the applicant, Giacomo Cicapi, The Sustainability Group, New Port Richey, appeared and being duly sworn, indicated that the Moose Lodge had retained his firm subsequent to receiving the fill violation; that the issue of parking in the right-of-way had arisen during his discussions with the County; and that the parties had agreed to pursue the rezoning to address both issues. Referring to the site plan, Mr. Cicapi noted that the Department of Transportation had left a curb cut into the property after completing recent improvements along Alternate 19; that the entry is used by the dumpster truck, but is not currently up to Code; and that plans are to move the dumpster to the interior of the property near the back of the building, inside an enclosure. In response to queries by Ms. Harrelson and Chairman Westine, Mr. Cicapi indicated that the proposed PVC fence is on the west side, abutting the residential area; and that fencing, landscaping, and stormwater improvements will be in compliance with County Code, pursuant to site plan review. Responding to the Chairman s call for citizens wishing to be heard, Pat and Peter Maksymkow, Palm Harbor, appeared and being duly sworn, indicated that they own the property abutting the subject property to the west; whereupon, Chairman Westine related that the LPA members have received the Maksymkow s correspondence and photographs, copies of which have been filed and made a part of the record. 5
Stating that they have co-existed nicely with the Moose Lodge for a number of years, the Maksymkows expressed their concerns regarding the proposed relocation of the dumpster, the installation of fill dirt for a party pad, parking in the right-of-way, and the Lodge s lack of communication with the community; whereupon, Ms. Maksymkow displayed a photograph showing the parking situation during an event which took place at the Lodge on September 1, 2013. Responding to queries by Mr. Brandon, Ms. Maksymkow related that she still has not been contacted by the Lodge regarding their plans, although she has received some information from Mr. Cueva; that she had delivered a letter to the bartender requesting that someone contact her to answer questions; and that she had become concerned and contacted the County after observing heavy equipment on the site; whereupon, she noted that the fill has created a culvert effect, causing rainwater to flow onto her property. Mr. Cueva responded to queries by the members, indicating that 17 parking spaces are proposed; that parking at the September 1 event was in extreme violation; and that Ms. Maksymkow should call him directly if a similar situation arises and he will file the complaint himself. He related that a violation was filed for the fill issue, but there have been no previous complaints regarding parking; that the Board of Adjustment can regulate the frequency of events through the Special Exception process; that he is unaware of plans to lease adjacent property for additional parking; and that the applicant is now on notice that a Special Exception is required for outside activities. In response to query by the Chairman, Mr. Cicapi indicated that representatives of the Moose were unable to attend today s meeting. In closing, he stated that he understands and will relay the concerns regarding special events; and that, on a regular basis, the rezoning and site plan will resolve the parking issue, allowing patrons to access the site in a safe manner, away from the right-of-way; and that, absent approval, the situation will stay as it is. Chairman Westine closed the public hearing and invited discussion from the members; whereupon, responding to queries by Ms. Harrelson, Mr. Cueva related that on-street parking would be allowed for residential visitors, but not Moose Lodge patrons; and that the applicant could purchase the property to the south to provide additional parking. Chairman Westine stated that she supports the site plan, as it would bring the property up to Code, address stormwater issues, provide better buffering, and bring 6
the property under better control of the County. She expressed concern that the applicant did not appear at the public hearing in light of what occurred on September 1, and requested that Mr. Cicapi pass along the message that the Lodge needs to communicate with its neighbors as to what is going on. Concurring with sentiments expressed by Chairman Westine, Mr. Brandon moved, seconded by Mr. Klar and carried, that the LPA recommend approval of the application, requesting that Mr. Cicapi make it abundantly clear that outdoor activity is not permitted on the property. He assured the Maksymkows that staff is aware of what has transpired in the past, and encouraged them to contact Mr. Cueva if a problem arises. # 3 APPLICATION OF SUNSHINE PROPERTY PARTNERS THROUGH JOHN C. LANDON, P.E. AND/OR LYDIA JOHNSON, REPRESENTATIVES, FOR A CONDITIONAL USE PERMIT (CU-23-0-13) RECOMMEND APPROVAL WITH CONDITIONS Public hearing was held on the application of Sunshine Property Partners through John C. Landon, P.E, and/or Lydia Johnson for a conditional use permit (CU-23-9-13) to allow for additional property containing 0.72 acre to be added to a previously approved conditional use permit (CU-1-12-07) for warehouse and medical manufacturing uses in conjunction with the medical manufacturing operation occurring at 4875 U.S. Alternate Highway 19 North (CU-23-0-13). Referring to an aerial photograph and the zoning and land use map, Mr. Cueva pointed out the subject parcel, described surrounding land uses, and provided an overview of the application; whereupon, he recommended approval with conditions as delineated in the staff report, a copy of which has been filed and made a part of the record, noting that the recommended conditions incorporate and expand on those specified in the original conditional use permit. Upon the Chairman s call for the applicant, John Landon, Palm Harbor, appeared and being duly sworn, related that the applicant concurs with staff s recommendation, with two exceptions; whereupon, he requested that Condition No. 3 be expanded to allow manufacture of heart-related surgical products, or medical manufacturing; and that the hours of operation under Condition No. 2 be revised to 4:00 a.m. to 12:00 a.m., indicating a willingness to limit operations to a specified area and offering to work with staff on a noise and lighting plan to accommodate the neighbors, noting that a 24-hour ambulance operation located nearby generates a lot of complaints. 7
In response to query by Mr. Brandon, Mr. Landon confirmed that all work will be conducted internal to the building. Mr. Cueva noted that the application specifically refers to the 0.72 acre area; and that any modification to conditions pertaining to the entire site would need to come back for consideration at a future meeting; whereupon, Mr. Landon requested that the members approve the change in hours of operation for the.72 acre area at this time, indicating that the remainder of the parcel will be addressed at a later date. Responding to the Chairman s call for citizens wishing to be heard, Mike Walsh, Palm Harbor, appeared and being duly sworn, indicated that he supports the application, but suggests that the retention area be re-engineered; whereupon, Chairman Westine referred to the Conceptual Master Plan, a copy of which has been filed and made a part of the record, noting that it appears the pond will be re-engineered and expanded; and Mr. Landon concurred, indicating that the retention area, fencing, and buffering will be addressed under site plan review as part of the proposed Phase II project; and that he would be glad to meet with the neighbors to review the plan. Discussion ensued regarding wording of the conditions; and Mr. Beardslee and Attorney Sadowsky provided input; whereupon, Mr. Landon reiterated his request to proceed with the.72 acre area at this time, indicating that the applicant needs to build the facility to meet current demand; whereupon, he requested that the hours of operation be amended to include Saturdays. At this time, 10:05 A.M., Vice-Chairman Brandon assumed the gavel. Ms. Westine moved, seconded by Ms. Harrelson and carried, that the LPA recommend approval of Case No. CU-23-9-13 with the following revised conditions which relate specifically to the 0.72 acre area specified in the application: 1. Full site plan review, including a noise and lighting plan to be agreed upon by staff. 2. Days and hours of operation shall be Monday through Saturday, 4:00 a.m. to 12:00 a.m. 8
3. Manufacturing shall be for medical manufacturing only. Removal of Conditions Nos. 4 and 7, which do not relate to the subject 0.72 acre area. Following input by Attorney Sadowsky and review of the legal advertisement, Ms. Westine indicated that the entire 7.89 acre parcel could be addressed at this time; whereupon, Attorney Sadowsky requested a brief recess. The meeting was recessed at 10:10 a.m. and reconvened at 10:14 a.m. Ms. Westine moved, seconded by Ms. Harrelson and carried, that her previous motion on Agenda Item No. 3, Case No. CU-23-9-13, be reconsidered. At this time, 10:15 A.M., Chairman Westine reassumed the gavel. conditions: Mr. Cueva recommended approval of the application with the following 1. Full site plan review, with a noise and lighting plan as deemed appropriate by staff. 2. Days and hours of operation shall be Monday through Saturday, 4:00 a.m. to 12:00 a.m. for the 0.72 acre portion only. Days and hours of operation shall be Monday through Friday, 6:00 a.m. to 6:00 p.m. on the balance of the property, excluding the 0.72 acre portion of the site. 3. Manufacturing shall be for medical manufacturing only. 9
4. Opaque fence or walls required along the west and south property lines abutting the residential zoning districts. 5. A six-foot-high chain link fence shall be placed along north and east property lines, respectively. 6. The amended conditional use permit shall allow warehouse and medical manufacturing uses on the 0.72 acre parcel being added to the previously approved conditional use permit. The warehouse will serve the industrial use already approved in the 2007 conditional use cases. 7. Additional landscaping and buffering (including the preservation of existing trees and understory) that exceeds the minimum standards in the Pinellas County Land Development Code shall be required along the west and south property lines abutting residential zoning districts. 8. Any changes to the conditions listed shall require approval of the Board of County Commissioners. 9. In the event any of the above conditions are not met, the Board of County Commissioners may rescind the conditional use permit. Ms. Harrelson moved, seconded by Ms. Kardash and carried, that the LPA recommend approval of Case No. CU-23-9-13 with the conditions as stated by Mr. Cueva. ADJOURNMENT Upon motion, second, and unanimous vote by the members, the meeting was adjourned at 10:18 a.m. 10
ADDITIONAL DISCUSSION Mr. Beardslee requested that the October LPA meeting agenda include an item to conclude the presentation on the Land Development Code update; and no objections were noted. Ms. Harrelson inquired whether a date has been set for the Tides Golf Course LPA public hearing; and Mr. Beardslee indicated that no date has been set; that the application has been filed; that staff is continuing to meet with the applicant and reviewing comments; and that more information may be available following the September 16 Planning Review Committee meeting; whereupon, Attorney White reminded the members that any email they may receive with regard to the case should be forwarded to County staff to be preserved for public record purposes. Chairman 11