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12/03/1996 (2) " .\'~t""t.,," .. :(1\," '. ". ' ~,:~>(~,:.~.'" " ~~~\, ~ PLANNING & ZONING BOARD MEETING -- ACTION AGENDA Tuesday, December 3, 1996 Call To Order, Invocation, Pledge of Allegiance Minutes Approval -- November 5 and November 19, 1996 -- Approved as submitted C. Conditional Uses C1. (cant. from 11/19/96) William D. & Kathrvn A. McKnight/N&S Thomas Enterorises to permit package sales of beer and wine (change of business ownership) at 706 Drew St. E., H. Coachman, Blk 8, lots 1-4, part of lots A, 10 & 11, zoned UC(C) (Urban center (Corel CU 96.61 ACTION: Approved subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and occupational license within six mOJ)ths from the date of this public hearing; 2) All site lighting shall be equipped with a 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and street rights.of-way prior to issuance of the requisite occupational license; and 3) The business owner shall keep the property well maintained and free of debris on a daily basis. t';;":V~ .~, C2. L.O.M.. Inc. (Legends Steakhouse) to permit restaurant occupying more than 10% of gross floor area of a retail complex at 309 S Gulfview Blvd. Lloyd White Skinner Sub, Lots 60- 62,108,109, and part of lot 107, zoned CR 28 (Resort Commercial) CU 96.65 ACTION: Approved subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and occupational license within six months from the date of this public hearing; 2) All site lighting shall be equipped with a 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and street rights-of~way prior to issuance of the requisite occupational license; 3) There shall be no outdoor entertainment or speakers past 10 p.m.; and 4) The applicant shall submit an executed .. restaurant affidavit, II agreeing to meet the requirements of the definition of a restaurant (minimum 51 percent food and non-alcoholic beverage sales, maximum 15 percent non-food/alcoholic beverage sales areas.) D. Annexation. Zoning. land Use Plan Amendment, land Development Code Text Amendment, and Local Planning Agency Review 01. (cant. from October 15, 1996) Ordinance 6091-96 of the City of Clearwater. Florida, relating to the land Development Code; creating Section 42.36, Code of Ordinances, to establish site lighting restrictions for residential and nonresidential properties; providing an effective date. ACTION: Tabled pending land Development Code review and revision. Board and Staff Comments -- Discussion Adjournment -- 4:06 p.m. '''"-'' P & Z ACTION 1 1 2J03J9C . ~. ~ ". ' . ,. ~. I I . "\ '. / ~:,\:,~,.: :,' "ct" PLANNING AND ZONING BOARD CITY OF CLEARWATER December 3, 1996 I~ Present: Brenda Harris Nixon Edward Mazur Kemper Merriam Robert D. Bickerstaffe Bernie Baron Frank Kunnen Douglas Hilkert Scott Shuford Leslie Dougall-Sides Sandy Glatthorn Lou Hilton Gwen Legters Acting Chair Board Member Board Member Board Member Board Member Board Member Board Member Central Permitting Director Assistant City Attorney Planning Menager Senior Planner Board Reporter To provide continuity. items are listed in agenda order ahhough not necessarily discussed in that order. The meeting was called to order at 2:00 p.m. in City Hall, followed by the Invocation and Pledge of Allegiance. The Acting Chair outlined meeting procedures and the appeal process. (:) Minutes Approval -- November 5 and November 19, 1996 To expedite future meetings, Member Nixon suggested amending board procedure to dispense with the vote regarding minutes approval. .Consensus was to implement the suggestion. . Member Nixon requested clarification of the November 5 minutes, page 6, condition #5 regarding CU 96-46, St. Vincent de Paul (proposed CHIP shelter). She questioned whether the board intended the effective date of the three year trial period to be begin on the date of the public hearing, or date of business opening. By a show of hands, six board members indicated they understood the trial period was to begin on the date of the public hearing. Hearing no additional comments, the board approved the minutes of November 5, 1996/ as submitted in writing to each member by the Board Reporter. Member Merriam requested correction of the November 19 minutes on page 1 / first paragraph, referring to the Acting Chair as "She", instead of "He." In the third paragraph of page 7, Member Merriam questioned reference to the proposed land Development Code revision as an amendment. Assistant City Attorney Dougall-Sides verified the changes will be brought forward as a large set of code amendments. Member Nixon questioned language in the first paragraph on page three, indicating no representative had arrived for the hearing. It was indicated Mr. Hunt had returned to the '.J mpz12a.96 1 1 2/03/96 ~t."., ",' '. " . " ~ meeting with authorization of representation, but had left the meeting again. As the affidavit , i had not been submitted on the record, and no representative was present when the item was called, consensus was to accept the minutes as written. Hearing no additional comments, the board approved the minutes of November 19, 1996, with correction of the typographical error on page 1. C. Conditional Uses C1. (cant. from 11119/96) William D. & Kathryn A. McKnlght/N&S Thomas Enterorises to permit package sales of beer and wine (change of business ownership) at 706 Drew St. E., H. Coachman, elk 8, Lots 1-4, part of Lots A, 10 & 11, zoned UC(C) (Urban center (Core} CU 96.61 Mr. Hilton presented written background information, stating this location has had a long history of beer sales and has changed ownership several times. The request seems appropriate for the property, conditions appear to support the request and staff recommended approval with three conditions. ,....-'\ I '._.i James Hunt, representing the applicant, said the request is a simple change of ownership for a property that has been in business for several years. No changes to the business are proposed. In response to a question, Ms. Glatthorn verified staff received Mr. Hunt's affidavit of authorization. A question was raised whether the property owner or business owner is changing. Ms. Dougal/-Sides said the transaction is a change of lease. Member Bickerstaffe moved to approve Item C1, CU 96-61. subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and occupational license within six months from the date of this public hearing; 2) All site lighting shall be equipped with a 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and street rights-of-way prior to issuance of the requisite occupational license; and 3) The business owner shall keep the property well maintained and free of debris on a daily basis. The motion was duly seconded and carried unanimously. C2. L.O.M.. Inc. (Legends Steakhouse) to permit restaurant occupying mora than 10% of gross floor area of a retail complex at 309 S Gulfview Blvd, Lloyd White Skinner Sub, Lots 60-62. 108, 109, and part of Lot 107, zoned CR 28 (Resort Commercial) CU 96-65 Mr. Hilton presented written background information. stating this exciting new project for a retail development on Clearwater beach has been reviewed by the City's Design Review Board. Staff felt conditions support the request and recommended approval with four conditions. Member Mazur decle.red a conflict of interest regarding this case. Harry Cline, attorney representing the owner/applicants, displayed elevation drawings and explained the lot size and zoning, building configuration, land acquisition history, and '-.......,/ mpz12a.96 2 12/03/96 ...IH,. . ';1: l1 . ,..-.... , the mixed uses proposed in the retail complex. He said the proposal will be an asset for the south beach community. Mr. Cline objected to staff's recommended condition to prohibit outdoor seating, stating it is allowed at a majority of beach restaurants. Steve Fowler, architect representing the applicant, reviewed the elevation drawings, pedestrian friendly features. and parking provision. He said the two story Legends Steak House will be connected to the adjacent retail building with a pedestrian bridge. While he did not know the exact locations of proposed outdoor seating and a second floor deck. he felt it is likely outdoor seating will be in front on the ground floor, similar to other restaurants. An overflow waiting area is proposed on the pedestrian bridge. He said the ADA requirements are covered. One member expressed concern the driveway between the buildings could create a traffic hazard by being used as a cut-through between Gulfview Boulevard and Coronado. He suggested working with the City and the developer to close the drive, eliminate the 10 parking spaces 'in front, and create a fully landscaped courtyard to avoid traffic problems. It was indicated landscaping requirements have been met and a small number of parking spaces in front are desirable to let people know on site parking exists. Mr. Hilton indicated parking and the driveway are design issues that staff did not feel will result in hazardous conditions. (;) Mr. Fowler responded to questions regarding stormwater retention. He has worked with the homeowners to the rear and determined they do not want a buffering wall between their lot and the subject property. He said continuing the decorative exterior lighting scheme used at the Marina would be cost prohibitive and could interfere with sea turtles nesting. Regarding building configuration. he said the restaurant will occupy all first and second floor of the larger building, with the majority of the seating upstairs. Discussion resumed regarding the merits of having parking spaces in front. In response to a question, he said signs directing patrons to rear parking have been used with limited success at Pelican Walk. They are restricted by sign area limitations. One member requested an angled accessway in the rear to avoid vehicles stacking into the street. Lengthy discussion ensued regarding how to condition a motion to limit outdoor music and allow outdoor seating. Other discussion regarding standardizing condition language and the motion procedure is reported under Board and Staff Comments, below. Member Kunnen moved to approve Item C2, CU 96-65, subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and occupational license within six months from the date of this public hearing; 2) All site lighting shall be equipped with a 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and street rights~of-way prior to issuance of the requisite occupational license; 3) There shall be no outdoor entertainment or speakers past 10 p.m.; and 4) The applicant shall submit an executed "restaurant affidavit," agreeing to meet the requirements of the definition of a restaurant (minimum 51 percent food and non-alcoholic beverage sales, maximum 15 percent non. food/alcoholic beverage sales areas.) Members Nixon, Bickerstaffe, Merriam, Baron, Kunnen. and Hilkert voted "Aye"; Member Mazur abstained. Motion carried. '.,--,' mpz12a.96 3 12/03/96 , , . ., .. ,.. ~,. ~".~. h ,~ O. Annexation. Zoning. land Use Plan Amendment. land Development Code Text Amendment. and Local Planning Agency Review 01. (cont. from October 15. 1996) Ordinance 6091-96 of the City of Clearwater. Florida, relating to the Land Development Code: creating Section 42.36, Code of Ordinances, to establish site lighting restrictions for residential and nonresidential properties; providing an effective date. Ms. Glatthorn stated this item is being tabled pending Land Development Code review and revision. Board and Staff Comments -- Discussion Member Nixon submitted a memo outlining her concerns regarding site lighting, in response to the board's request at a previous meeting.. She cited safety concerns and listed numerous locations where high intensity lighting is directed toward areas other than the subject properties. Discussion ensued regarding the hazards and discomfort of glare projecting into roadways and residential areas, compared to benefits of shared lighting among contiguous commercial properties. It was indicated some businesses direct blinding lights into traffic to attract attention to their businesses. It was stressed the intent of the ordinance should be to control excessive glare or light spillage onto adjacent properties. regardless of how such control is achieved. .~j",.,Ir.,\ ~-.~ Ms. Glatthorn submitted a memo from Environmental Specialist Supervisor Miles 8allog9 responding to a report by Member Baron regarding 'apparent petroleum contamination on the ground at 309 S. Gulfview Boulevard. It was indicated the report has been for~arded to the appropriate authorities for investigation. Ms. Glatthorn distributed copies of an appeal protesting the board's November 19 approval of CU 96-63, Karabaicl Clearwater ParasaiJ. The appeal was filed by the owners of Sun West Beach Motel, on behalf of 13 business owners who signed a petition in opposition. Ms. Gtatthorn noted the Sun West owners had expressed concern their letter of opposition had not been read into the record, but was copied to the board along with a lengthy petition from business owners in opposition. Ms. Dougall.Sides verified the Sun West letter had been entered into the record correctly. Mr. Bickerstaffe commented the water is available for all to use. and preventing that use does not make sense, as long as everyone follows the rules. In earlier discussion, Member Hilkert requested language standardization in staff's recommended conditions of approvaL Member Mazur expressed several concerns regarding conduct of Planning and Zoning Board meetings, as follows: 1) interrupting each other while speaking; 2) the appropriate time for a motion and second in relation to public input and board discussion; 3) compliance with site lighting issues should not be limited to those seeking a conditional use; and 4) continually nitpicking site plans is not appropriate. He did not feel it was appropriate to bring up board and staff procedural issues during public hearings. He felt 1.~ mpz12a.96 4 1 2/03/96 ~~~';. >. . ' ,J' r-"'" the board is annihilating streamlining the City is trying to achieve in the public hearing process. He said the board should discuss details of an item with each applicant to ensure the board understands the request, but should not debate or argue with applicants. He requested staff to agenda a future discussion item to standardize language in conditions and rules, eliminate standards for approval that are not within board authority, and establish the board's authority, according to code. Board members responded to Member Mazur.s concerns. One member felt the requested procedure review should be made after the City finishes streamlining tha code and making it more user friendly. One member indicated board crossfire during televisad public hearings embarrasses him. One member apologized far interrupting earlier discussion, stated he tends to enjoy brainstorming sessions with everyone talking at once. He suggested asking a speaker to yield the floor when a point needs to be mada. Discussion ensued regarding waiting to be recognized and pros and cons of yielding, or not yielding the floor. Acting Chair Nixon summarized the discussion. She requested members to list items they want to bring to the table during the board's annual procedure review in January. One member fait it is appropriate to bring up the issues before January, so no one will be surprised. Member Hilkert suggested for applicants with legal representation present to be given agenda priority. to avoid incurring excessive lagal fees. It was indicated many people have reasons why it is difficult to wait an excessive length of time, but the agenda is set in the order the applications or continuance requests are received, to be fair to all. Member __ Hilkert referred to a newspaper article reporting the City of Tampa has attracted business 1" ' b d ,,.,,....} by eing more evelopment friendly and Clearwater should follow suit. Mambor Nixon raised the issue of when discussion is and is not appropriate in relation to a motion. She felt having a motion. second, then board discussion is not practical, and wastes time when motions are frequently amended to achieve consensus. She advocated having board discussion and achieving consensus before every motion to save time, allow all members to get their issues on the table, and enable the board reporter to write one motion. Consensus was to iron out all the details before a motion is made. Discussion ensued regarding when to close the public input portion of the public hearing, and at what point to allow no further conversation between board and applicants. Ms. Dougall~Sides said it is not a part of the board's rules, but City boards typically close the public discussion portion of each public hearing, allowing board members to ask specific questions of applicants, when necessary, for clarification. She cautioned, by not allowing questions, the board may not have all necessary information, while allowing further questioning could require allowing rebuttal. Majority consensus was to continue the board's policy of allowing members to ask specific questions after closing the public hearing, for the purpose of getting specific answers. Two members who did not agree asked Ms. Dougall-Sides to come back with a legal opinion prior to review of the board's rules in January. Acting Chair Nixon summarized the discussion, adding members are requested not to refer to each other by first names. Members will raise their hands to be recognized. Each -..-) mpz12a.96 5 1 2/03/96 ~ i~'. ' \: . drJ1>>...f. .J,I" \ .~-c ".. j \ . ~""""-f~<_d~-I'; .'i<'.. .(.;, r" .\,.......<'!.- ~~'..:." . 0 ....)~.. ~r'f'I~fJ':'..::.\~,.. ,", \.".'\-,.,' ,"".: .... .'::. . . '~., .. <"i .~ " '.I~ ..~,_,.tj speaker win be recognized by name, in the order the Chair perceives hands were raised. After a public hearing is' closed, discussion will continue until it appears consensus is reached, after which the Chair will call for a motion. At the end of the meeting during Board and Staff Comments, each member will announce the number of items they wish to bring up, and whether or not they will agree to yield the floor when asked. She felt adhering to the above procedure will ensure an orderly meeting. She indicated board members are volunteers, chosen based on their interest settling the issues. Anyone not wi1ling to read the packets and put in the necessary time to do a thorough job should not be on the board. While acknowledging the importance of keeping discussion flowing, she wished to allow every member ample opportunity to speak. Adjournment The meeting adjourned at 4:06 p.m. A tte5t: A._ , \0 ~ () ~~~ \.....,/ mpz12a.96 6 12/03/96 " ""'1 " / ""~ FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OT~IER LOCAL PUBLIC OFFICERS "....ST 1\ ....... . 1 IMS I """If - ",4101111 '0\"'1 ~ \ ZUrz. f M^II,Il\;C AUURF.SS '3' ~nr""l~ l'lIJ~t:. 'I" hJ~h. v- """H. 01, F"'W. COUNCIL, ("(IM),tI~~I(I"', Ill" "UMn,. UK ('OMMII'III P/A,nl'"l" f 2p",~ !3 A.. ' THE IIUII II. U, COUNCIl. OMM'S~IO". AUlllOll r\' 01( COM Mnl n: Or-; WIHell1 SERVE IS .... UNIT OF: }(.C'ITY 0 CUUNTY 0 OTl/EIlI 0(",,1. AG[NCY NA,ME OF I'OLIlI('Al. Sll}IlW"ISION C Ie Co- y- hi .....'Ie .., "It l'OsltlON IS, ~ o EUC-f1VE ..:T~ FL 7 AI'I'OlNTIVE WHO MUST FilE FORM 8B /42 C.t"- This form is ror use by an)' person servine 31 the count)'. city, or other local level of government on an llpl"'ointcd or e1ecled bonrd, council, cOnlmission. lluthC\l'iI)'. or commillcc. It applies equally 10 members of advisory and non-advisory bodies who me preselllcd wilh a \'oling eonnict of interesl under Section 112.3143, Florida Slalllles, Your resl"'ollsibililics under Ihe law when raced wilh a measure in which you have i\ connict of interest will vary greatly depending on whether you hold an elective or appointivc posilion. For this reason, please pay close attention 10 the inslructions on this rorlll bc:fore compleling the reverse side and liIing Ihe form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointivc county, municipal, or other 10Cill public oFfia: MUST ADST AIN from vOling on a measure which inurcs 10 his special private gain. Each elccted or appointcd local omccr also is prohibiled from knowingly voting on a measure which inures to the special gain or a principal (other than a government agency) by whom he is retained (including lhe parent organization or subsidiary of a corporale principal by which he is rctained); to thc spccial private gain of a relalive; or to the special . private gain of a business i1ssociatc. Commissioners of community redevelopment agencies under Sec. J 63.356 or 163,357, F.S., and orflcers of indcpendent special laX districts eleCled on a ,one-acre, one.vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relativc" includes only the officer's f:llher, mother, son, daughter, husband, wife. fathcr.in-Iaw, mother-in- law, son-in-law. and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise Wilh the omcer as a partner, joint venturer, coowner or property, or corporate sharcholder (where the shares of the corporation are not listed on any national or regional stock exchaT1Be). ELECTED OFFICERS: In addition to abstaining from vOlinB in the situations dcscribed abovc, you mUSI disclose Ihe eonniet: PRIOR TO THE VOTE BEING TAKEN by publicly Slating to the assembl)' the nalurc of your interest in the measure on which you are abstaining from voting; and . WITHIN IS DAYS AFTER THE VOTE OCCU RS by completing and filing this form with the person responsible for fC(ording the minutes of the meeting, who should incorporate the form in lhe minutes. . APPOlNTED OFFICERS: Although you must abslain from voting in the situations described above, you otherwise may participate in these mallers. However, you must disclose the nature of the connicl before making any allemplto innuence the decision, whelher orally or in writing and whether made by you or at your direction. '..~ - ... . ., ..,.-. .. IF YOU INTEND TO MAKE ANY AlTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: \,-" . Y~u must complete and file this f~rm (before making ~ny allempt to inOuence the decision) ,~ith ~he person responsibi~:ror ~,'. ~o.r~:Hng the minutes of t,he, n:'eeting, who will incorporate the form in I~C .m~nut~~, .~'.. _ ,.' " . ,. '. : ., ~: , I' ': ': .' . A copy of the form mUSI be provided immedialely to the olher members of the agency,.' , . . . :- i -:"; . I S' .; ~ _II_The fonn must be read publicly althe next meeting after the fQrm is filed. :. .. CE FORM ID. 10-91 .'....,' IF YOtl MAK F NO" lTrM I'T 1 0 I:"iH.lI E~CE 1 HE DECI~IOS EXCEPT ur ()1~CUSS10~ ^,. Till: MeETING: · You must disdll!-C nr..lly the nature llf ~'('ur cunniet in Ihe nW;IMHI;' lx,rUH' p,tnidpillin~. · You must complel\: the form and rile it within 15 days arler Ihe \'Ole occurs \\ ilh the pc:mm rcsplHl~ihlc ror a'curding the minu,:' the meeting, who mU51 incMpor..Ile Ihe form ill Ihe minutes. ^ cup)' (l( Ihe ronn I1Iml he pHl\ided immcdintc:\)' to the o'lher nlr:mbcrs or Ihe agcncy, and Ihe rorm musl he read puhlicly At the next mceling aftcr the (orm is f.led. I. . DISCLOSURE OF LOCAL OFFICER'S INTEREST Ed W&~ oJ IV/",,) v (' .;;.. , ".reby di,c1ose Ih;II 0" /2.. /3 ,19U: (a) ^ measure enOle or will come hdore my ngcncy which (check one) _ inured to m}' special privale garn: _ inured to the special j;ain or my business associate, _ inured 10 the speci;,! j;nin or my rc:l:\li\"e, . -1L inured to the special gain o( '-0 m ..14- <--- whom I am retained; or _ inured to the specinl j;ain or is the parent orJ,:nni7~'tion or subsidiary of n principal which has relained me. (b) The measure bdon: my agene)' and the nature of my connicling interest in thc rncnsurc is us (ollows: , which f."~."'1 \4-:'lP'f'T " /bj; /7~ . , Date Filed , NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1991), A FAILURE TO MAKE ANY REQ~E[ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINC IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION r SALARY, REPRIMAND. OR A CIVIL PENALTY NOTTO EXCEED SS,OOO. 'ert: r'nl)'~ (14. I(\.QI 1',;.