CITY OF PINELLAS PARK, FLORIDA
PLANNING AND ZONING COMMISSION MINUTES
REGULAR MEETING
January 2, 2014
The meeting was called to order at 7:05 p.m. by Dennis Shelley, Chairperson.
ROLL CALL
PRESENT: Dennis Shelley, Chairperson
Louis Bommattei, Vice Chairperson
Raymond Long
Peggy Kunda
ABSENT: William DeLong
STAFF PRESENT: Joe Aukstikalnis, Zoning Coordinator
Amanda Clement, Planning and Zoning Analyst
James Denhardt, City Attorney
INVOCATION: Mr. Shelley
PLEDGE OF ALLEGIANCE:
APPROVAL OF MINUTES: November 7, 2013
MOTION was made by Mr. Bommattei and SECONDED by Mr. Long to APPROVE the minutes of November 7, 2013.
THE MOTION PASSED UNANIMOUSLY
REGULAR AGENDA
PUBLIC HEARING OPENED
Mr. Shelley – Read the rules and procedures for the Planning and Zoning Commission.
Ms. Clement – Swore in all speaking.
Mr. Aukstikalnis – Confirmed that all procedural requirements have been met and presented the staff report, application, and map into the official record.
1. CASE NO. CU 2014-3 (QUASI JUDICIAL)
REQUEST: Consideration of a Conditional Use for an “Automobile Dealer – Used Cars” with a waiver of the conditional use requirement for a buffer along the street that provides primary access for a property located in the “B-1” General Commercial zoning district.
LOCATION: 8123 66th Street
QUESTIONS FOR STAFF
Ms. Kunda - Is there a requirement that they have a certain number of employee parking spaces?
Mr. Aukstikalnis - The parking requirement for a car lot is based on one space for every 500 square feet of enclosed sales area, which would be the office plus two per service bay, if they service vehicles and then customer parking for open sales and rental areas shall require one off street parking space for every 2000 square feet of outdoor sales area. At one point in time, Code was revamped and we did have items in there for employee parking and customer parking that has changed now. So, it is based all off of square footage now for both indoor and outdoor.
Ms. Kunda - When I went up there it was full. There was one space which was a handicap space.
PROPONENTS
Mr. Eugene Myers - 8123 66th Street and I have been sworn. We were moving to get ready for the season. January and February is the tax season and it is a big season for us, so we were moving cars at that time. Those spaces will be made available in the future for customers.
OPPONENTS
None
PUBLIC HEARING CLOSED
MOTION
Motion was made by Mr. Long and seconded by Mr. Bommattei to RECOMMEND APPROVAL of CASE NO. CU 2014-3 subject to the following conditions:
1. There shall be no outdoor loud speaker/public address or outdoor phone ringer systems allowed.
2. Designated signage for customer and employee parking spaces shall be installed.
.
ROLL CALL VOTE
Aye: Bommattei, Kunda, Long, Shelley
Nay: None
MOTION CARRIES
2. CASE NO. CU 2014-4 (QUASI JUDICIAL)
REQUEST: Consideration of a request to allow a Conditional Use for “Automotive Repair (major)” in the “CH” Heavy Commercial District.
LOCATION: 8801 66th Street, Unit "C"
Mr. Aukstikalnis – Confirmed that all procedural requirements have been met and presented the staff report, application, and map into the official record.
QUESTIONS FOR STAFF
None
PROPONENTS
Mr. Ted Legakis - 8801 66th Street, Unit C, I have been sworn. Basically, we are trying to expand the business and we would like to submit some paperwork showing that any kind of concerns, that did come up with the analysis that was performed, was addressed. We are trying not to have any effect at all with the surrounding business or the residential communities.
Ms. Kunda - I noticed this will be next door where there is food. Can it be located further away from the food? With major repair you have fumes and it doesn't seem compatible with food. Also, will there be painting; will the necessary equipment be available for that?
Mr. Legakis - Yes. There is a fruit stand two doors down. There will be a booth, with appropriate exhaust systems, along with the fans and screens for the fans. Based on the technical specifications it will eliminate fumes up to almost 98%. The operation will be inside closed doors and will be the furthest away from the produce stand. It is a 5000 square foot unit, it goes in and then goes back along the back of the building. We have talked to the fruit stand and the bakery and we have talked to the other retails in the area and they do not have a problem. We have described what we are going to do. They are all aware of it because of other issues that have been happening around the area.
Mr. Bommattei - Regarding your neighbor Suncoast Appliance; I was there on a Sunday and they were washing appliances, they had appliances all over the place. How does that effect your particular site where you are going to sell used cars?
Mr. Legakis - We are not going to sell used cars. He is just doing work on cars inside the unit, so he is not selling any cars. This is actually to get rezoned from light mechanical to heavy mechanical. It has nothing to do with selling cars. To answer your question about Suncoast Appliances is a New York tenant and is in the process of moving in so he is getting his area straightened out. He's all the way in the back and you can't really even see him from 66th Street.
OPPONENTS
None
PUBLIC HEARING CLOSED
MOTION
Motion was made by Ms. Kunda and seconded by Mr. Long to RECOMMEND APPROVAL of CASE NO. CU 2014-4.
ROLL CALL VOTE
Aye: Bommattei, Kunda, Long, Shelley
Nay: None
MOTION CARRIES
3. CASE NO. CU 2014-5/BOA 2014-7/MS 2014-12 (QUASI JUDICIAL)
REQUEST: Consideration of an expansion to an existing nonconforming Conditional Use for a “Residential Care Facility” in the “B-1” General Commercial District with a variance to parking requirements and a waiver to landscape upgrade requirements.
LOCATION: 7550 60th Way
Mr. Aukstikalnis – Confirmed that all procedural requirements have been met and presented the staff report, application, and map into the official record.
QUESTIONS FOR STAFF
Mr. Shelley - asked Joe if we are considering the CU 2014-5 and the Z 2014-2 at the same time.
Mr. Aukstikalnis - There is actually a condition on the conditional use that basically says the final approval is contingent upon the rezoning. So, there is really no need to have them combined.
PROPONENTS
Mr. Pergolizzi - Principle with Gulf Coast Consulting, 13825 Icot Boulevard, Suite 605, Clearwater and I have been sworn. I am the representative of the property owner, who is Ms. Harb, and her son. They run the Arlington Garden Assisted Living Facility. It has been an assisted living facility for many years since the 1990's. The buildings were constructed in the 1940's actually. She took ownership in 2007 and has been operating an assisted living facility ever since. They currently contain 34 beds. They are seeking an expansion of up to 67 beds, to meet the needs of the community and one that is consistent with a "B-1" Zoning District, for which we are asking for in the next agenda item. With the rezoning, an assisted living facility or residential care facility as the City's Code calls it, is a Conditional Use in the "B-1" Zone. So the "B-1" Zone is a requirement for the Conditional Use.
It is a Mixed use area that contains a pre-school, medical offices, several churches, and an American Legion and baseball fields. So, there are a lot of public uses around it. It has been operating in harmony with the surrounding properties for several years. They have very good relations with their neighbors. In fact, in support of the parking variance the Pinellas Park Church of Christ has written a letter, which is in with the application, that said that they can use some of their parking spaces if need be. All the surrounding properties are developed and have co-existed. The Arlington Garden ALF is a quiet use and does not generate a lot of traffic. To go from 34 beds to 67 beds daily traffic, according to the Institute of Transportation Engineers, would be 178 daily trips.
Every time I have been out on the site there have only been about two parking spaces that have been used of the eight that are there. I can tell you that the employees that they have, other than Ms. Harb herself and her general manager, all of them take public transit to work or they get dropped off.
I've gone through each of the criteria in our application and prepared a narrative that has been reviewed by staff and how we meet the criteria for the Conditional Use. I have read the staff report and I am in full agreement with what the staff report said.
Mr. Shelley - Asked Joe if the letter was sufficient for agreed shared parking. Joe said he would have to research comparing operating hours of the ALF against Church services. You can take the letter into consideration, but it does not constitute a true shared parking agreement. If it is required it would need to be done through the City.
Attorney Denhardt also concurred.
OPPONENTS
None
PUBLIC HEARING CLOSED
MOTION
Motion was made by Ms. Kunda and seconded by Mr. Long to RECOMMEND APPROVAL of CASE NO. CU 2014-5/BOA 2014-7/MS 2014-12 subject to the following conditions:
1. Any change of use that, in the opinion of the Zoning Director, would require additional parking spaces will require compliance with Section 18-1532.9, based upon the proposed use of the property.
2. The number of assisted living beds shall not exceed sixty-seven (67) beds.
3. Ultimate final approval of CU 2014-5/BOA 2014-7/MS 2014-12 is subject to approval of Case No. Z 2014-2, the rezoning of the property from MXD to B-1, under consideration by City Council on February 27, 2014.
ROLL CALL VOTE
Aye: Bommattei, Kunda, Long, Shelley
Nay: None
MOTION CARRIES
4. CASE NO. Z 2014-2 (QUASI JUDICIAL)
REQUEST: Consideration of a request to rezone from “MXD” Mixed Use District to “B-1” General Commercial District, or a zoning classification of a lesser intensity as identified in Chapter 18, Land Development Code of the City Code of Ordinances.
LOCATION: 7550 60th Way
Mr. Aukstikalnis – Confirmed that all procedural requirements have been met and presented the staff report, application, and map into the official record.
QUESTIONS FOR STAFF
None
PROPONENTS
Mr. Robert Pergolizzi - Gulfcoast Consulting, 13825 Icot Boulevard Suite 605, I have been sworn in. I am here representing the applicant, Ms. Harb, who is the owner. The B-1 Zoning District is consistent with the underlying Comprehensive Land Use Designation of Community Redevelopment District. Many of the surrounding properties are zoned B-1 already. Although those other properties are zoned B-1 they are essentially church and a church parking lot. So, the B-1 Zoning does allow us to increase our bed count from 34 to 67 and we respectfully request the recommendation for approval.
OPPONENTS
None
PUBLIC HEARING CLOSED
MOTION
Motion was made by Mr. Bommattei and seconded by Mr. Long to RECOMMEND APPROVAL of CASE NO. Z 2014-2.
ROLL CALL VOTE
Aye: Bommattei, Kunda, Long, Shelley
Nay: None
MOTION CARRIES
5. CASE NO. MS 2013-57
REQUEST: AN ORDINANCE OF THE CITY OF PINELLAS PARK, FLORIDA, RESCINDING ORDINANCE NUMBER 1617, AS AMENDED AND COMMONLY REFERRED TO AS THE DEVELOPMENT ORDER FOR GATEWAY CENTRE DEVEOPMENT OF REGIONAL IMPACT; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Aukstikalnis - Confirmed that all procedural requirements have been met and presented the staff report, application, and map into the official record.
Mr. Denhardt - You had an ordinance distributed in your packet and a substitute ordinance this evening that has the two paragraphs stricken out. The later ordinance is the one that you should consider. The applicant and the applicants attorney were aware of those changes.
QUESTIONS FOR STAFF
None
PROPONENTS
Mr. Peter Creighton - On behalf of Huntley Properties I have been sworn. My address is 7801 Park Boulevard. I don't have anything to add just your request for approval of this rescission.
OPPONENTS
None
PUBLIC HEARING CLOSED
MOTION
Motion was made by Ms. Kunda and seconded by Mr. Bommattei to RECOMMEND APPROVAL of CASE NO. MS 2013-57.
ROLL CALL VOTE
Aye: Bommattei, Kunda, Long, Shelley
Nay: None
MOTION CARRIES
6. CASE NO. LUPA 2014-01
REQUEST: Amend the Land Use Plan Map from "RU" Residential Urban to "RM" Residential Medium.
LOCATION: 7600 78th Avenue
Mr. Aukstikalnis - Confirmed that all procedural requirements have been met and presented the staff report, application, and map into the official record.
QUESTIONS FOR STAFF
None
PROPONENTS
Ms. Constance Paiu - I have been sworn. I am the owner of 7600 78th Avenue North, Pinellas Park. We are looking to expand the property as an assisted living facility and in order for the expansion we have 3.076 acres we have enough parking spaces. We are applying in conjunction with the future land use the rezoning from Farm district to "R-6" Multifamily Residential / Commercial.