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10/03/1995 (2) , ~ . I . " " ~ >' , . > '" '. ,~~ ' '. " " ' ~~~f;"":"" '. . . I,. ,.-.."", PLANNING & ZONING BOARD MEETING. ACTION AGENDA Tuesday, October 3, 1995 Call To Order, Invocation and Pledge Of Allegiance A. MINUTES OF PREVIOUS MEETINGS August 29, 1995, Approved as submitted; September 19, 1995, Approved as amended B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS. None C. CONDITIONAL USES 1. Gail P. Peters/Azzam An Sabia (SabIa Super Food) to permit package sales of beer and wine (change of business ownership) at 1504 N. Garden Ave. E.A. MarshalJ's Sub., Lots 5-7, and Lesley's Sub, part of lot 3 and parI of vacated alley, zoned CI (Infjll Commercial). CU 95-55 ACTION: Approved subject to the following conditions: 1) The applicant shall maintain the parking lot in a litter free condition, including the area around the . dumpster; and 2) there shall be a six month trial period with close staff supervision to determine compliance with law enforcement issues. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW (~) .,qn<I' 1. Ordinance 5908.95 of the City of Clearwater, Florida, relating to the land Development Code; amending/creating Section 42.26(6), Code Of Ordinances, to allow fences enclosing swimming pools lip to four feet high within waterfront setback areas and street right-of.way setback areas; providing an effective date. ACTION: Endorsed to the City Commission 2. Ordinance 5909.95 of the City of Clearwater, Florida, relating to the land Development Code; amending Sections 28.10 and 44.08, Code Of Ordinances, to delete the requirement that signs on vending machines be regulated as wall signs; providing an effective date. ACTION: Continued to the meeting of October 17, 1995 3. Ordinance 5920-95 of the City of Clearwater, Florida, relating to the land Development Code; amending Section 40.367, Code Of Ordinances, to establish new parking requirements for the beach commercial zoning district; providing an effective date. ACTION: Endorsed CO the City Commission v 4. Ordinance 5889-95 of the City of Clearwater, Florida, relating to the land Development Code; amending Section 35.11, Code of Ordinances to define "vehicle sales" ; amending Chnpter 40, Code of Ordinances, by adding permitted uses in the following zoning districts: Neighborhood Commercial, Beach Commercial, Resort Commercial 24, Resort Commercial 28, General Commercial, Infi!J Commercial, Highway CommerCial, Commercial Center, Multiple Family I~esidential 16, Multiple P & Z ACTION 10/03/95 -..; ,:';.:' ::',~;, '. ~ ' " L 1, , - .- ''< ,- ,~ ~" , , ..' ,~ ' J;~ ,': :?", ','t. ,~~.'U .:.);,~~~I,: ',:.,I~.,,:'. "A!"~.:I':t,' :,:,..',t, ,,'~.:1,:,'/ ~..}: ::~ ~"...' ~.:t ~"ll;li"j,~~1.t...~., '~l'! l"~'~ > I ' ....', -I., ,.". ~~ ""'\>'11,\, ..' " <'" \' !F:f~~~.\ft,~.~" '....~',...:... ;:'. ~,I\ ~:, ..,~, ':., ',"if,:,'. ,</j'."\ . -.' ,t, ';' .,', . ,',' " n, _"I. .. ,\-, .,' .' .. > " ; . ,I . . '1' . ...., '~, ': ,< " + ,. ',', .,..c....... ..~ , ' "\' . ';'0,"" . ~.,........" Family Residential 20, Multiple Family Residential 24, Multiple Family Residential 28, limited Office, General Office, Downtown/Mixed Use, Urban Center (Bayfront), Urban Center (Core), Urban Center (Transition), PublidSemi-Public, Open Space/Recreation and Research, Development and Office Park Districts; amending Sec. 41.053, Code of Ordinances, to add conditional uses in Neighborhood Commercial, General Commercial and Highway, providing an effective date. ACTIO~: Continued to the meeting of December 5, 1995 . ') E. CHAIRMAN'S ITEMS - Discussion F. DIRECTOR'S ITEMS 1. Alcoholic Beverage Regulation - Discussion 2. Central Permitting Staffing- Discussion G. BOARD AND STAFF COMMENTS- Discussion H. ADJOURNMENT - 3:45 p.m. o ,1 \ U P & Z ACTION 2 10/03/95 :~ ". I ' ..' ,. .,.. \. ' . " ' " _.." ' I' ~' " ~'~;),'..~ . '~', ' ~, ., l ~\ j PLANNING AND ZONING BOARD October 3, 1995 Members Present: Kemper Merriam, Chair Jay Keyes, Vice Chair Robert D. Bickersta(fe Edward Mazur Brenda Nixon Bernie Baron Frank Kunnen (arrived 2:09 p.m.) Also Present: Scott Shuford, Director, Central Permitting Leslie A. Dougall-Sides, Assistant City Attorney Gwen legters, Board Reporter, City Clerk Department The meeting was called to order by the Chairman at 2:00 p.m. in the Commission Chambers of City Hall, followed by the Invocation and Pledge of Allegiance. He outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, may appeal through the City Clerk Department within two weeks. He noted Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. In order to provide continuity, the items will be listed in agenda order although not necessarily discussed in that order. C;> A. Approval of Minutes - August 29 and September 19, 1995 Member Nixon moved to approve the minutes of August 29, 1995 in accordance with copies submitted to each board member in writing, Upon the vote being taken, Members Merriam, Keyes, Mazur, Nixon, Baron and Bickerstaffe voted "Aye"; Member Kunnen was not present. Motion carried. Member Nixon requested two corrections and one amendment to the September 19 minutes. On page 2, first paragraph, she stated Mr. Dahlhauser is a hospital vice president. On page 2, seventh paragraph, the correct spelling of the Belleair Town Manager's last name is Papalas. On page 4, fifth paragraph, she requested "the neighbors" be amended to "fellow tenants." Member Bickerstaffe moved to approve the minutes of September 19, 1995 as corrected and amended. Upon the vote being takenl Members Merriam, Keyes, Mazur, Nixon, Baron and Bickerstaffe voted "Aye"; Member Kunnen was not present. Motion carried. B. Requests for Extension, Deferred and Continued Items - None c. Conditional Uses 1. Gail P. Peters/Azzam AIi SabIa (Sabia Super Food) to permit package sales of beer and wine (change of business ownership) at 1504 N. Garden Ave. E.A. Marshall's Sub., Lots 5-7, and Lesley's Sub, part of lot 3 and part of vacated alley, zoned CI (lnfill Commercial). CU 95-55 I~J mpzl0a.95 Pilge 1 1 0/03/95 ~;~~(: ".' ' :", " ~-:.... Mr. Shuford ga.ve the background of the case and presented, in writing, the staff recommendation. He stated this establishment has no substantial negative impact on the neighborhood aside from liller ill the parking lot Staff recommended approval with one condition. Gail Peters, property owner, stated she is selling the property to Mr. Sabia, represented at today's hearing by Abdel Magid Mostafa. Ms. Peters confirmed that Mr. Mostafa was a representative. In response to questions, Mr. Mostafa stated Mr. Sabia moved here from Ohio, where he ran the same type of business. Mr. Kunnen arrived at 2:09 p.m. One citizen spoke in lengthy opposition to the application, complaining of fighting, littering and numerous illegal activities on the subject properly. He slaled he has lived in the neighborhood for twenty years and felt it would be improved by completely eliminating alcoholic beverage sales. He stated police kept the property under surveillance and expressed concern they were not present to speak in opposition. Discussion ensued regarding the citizen's concern. Mr. Shuford said Police Department comments do not indicate an excessive number of calls, and report activity is consistent with this type of business. A trial period was suggested to allow time for the new owner to clean up and oversee the property. () Mr. Mostafa slated he did not agree with the citizen's observations, stating he fives nearby and is not aware of any crime or disturbance associated with the property. He indicated the store provides a service to the neighborhood and did not object to a Irial period. Member Keyes moved to approve Item C.l subject to the following conditions: 1) the applicant shall maintain the parking lot in a litter free condition, including the area around the dumpster; and 2) there shall be a six month trial period with close staff supervision to determine compliance with law enforcement issues. The motion was duly seconded and carried unanimously. D. Annexation, Zoning, land Use plan Amendment, land Development Code Text Amendment and local Planning Agency Review 1. Ordinance 5908.95 of the City of Clearwater, Florida, relating to the Land Development Code; amending/creating Section 42.26(6), Code Of Ordinances, to allow fences enclosing swimmiflg pools up to four feet high within waterfront setback areas and street right-of-way setback areas; providing an effective date. Mr. Shuford stated this ordinance is proposed to reduce the number of variances requested for fencing swimming pools in waterfront or street setbacks by bringing the City's fence code into alignment with insurance industry standards. In response to a questioll, he said the ordinance does not specify a minimum height to allow for those who choose not to fence their pools. ''-..I mpzl0a.95 Pap,c 2 10{0]/95 '. \ ~ .-t:.'~'" ~ .: ' , . + '- . " , ~"4 .' ,", ---\ One member expressed support of the ordinance, stating this type of variance is usually approved if the fencing is non-opaque. Member Nixon moved to endorse Ordinance 5908-95 to the City Commission. The motion was duly seconded and carried unanimously. 2. Ordinance 5909.95 of the City of Clearwater, Florida, relating to the Land Development Code; amending Sections 28.10 and 44.08, Code Of Ordinances, to delete the requirement that signs on vending machines be regulated as wall signs; providing an effective date. Mr. Shuford stated this ordinance was created at the direction of the City Commission to exempt vending machines from the City sign code regulations. He indicated the 1993 inclusion of . vending machine signs in attached signage calculations complicated code enforcement and placed an undue burden on those who had complied with the sign amortization program by 1992. The ordinance would continue to require compliance with setback and other vending machine placement requirements. Concerns were expressed with having no regulation of vending machine signs and discussion ensued regarding ordinance language. It was suggested to specify that vending machine signs must advertise the product within the machine to preclude someone from placing business advertising on inoperable machines. ( t"'-'fo",,\ .q.,.,.l Mr. Shuford stated the content of the language had not been strictly regulated, for the sake of consistency. One suggestion was to approach the issue through the definition of a vending machine rather than from the standpoint of signage. AHorney Dougall-Sides noted the current code definition does not say a vending machine must be operational. Mr. Shuford is to examine the ordinance and try to address the Board's concerns. Member Bickerstaffe moved to continue Ordinance 5909-95 to the meeting of October 17, 1995. The motion was duly seconded and carried unanimously. 3. Ordinance 5920-95 of the City of Clearwater, Florida, relating to the land Development Code; amending Section 40.367, Code Of Ordinances, to establish new parking requirements for the beach commercial zoning district; providing an effective date. Mr. Shuford stated Downtown and North Greenwood, two of the City's three main pedestrian oriented zoning districts, recently had their parking requirements modified to allow for changes of use without triggering major changes in the existing parking. This ordinance was prepared to provide consistency in the parking requirements for the third district. Member Bickerstaffe moved to endorse Ordinance 5920-95 to the City Commission. The motion was duly seconded and carried unanimously. -.J mpzlOa.95 Page 3 10/03/95 ft~'.~~:::' . ~ ~ c. t, r c ; , ~'\ 4. Ordinance 5889.95 of the City of Clearwater, Florida, relating to the land Development Code; amending Section 35.11, Code of Ordinances to define "vehicle sales" ; amending Chapter 40, Code of Ordinances, by adding permilted uses in the following zoning districts: Neighborhood Commercial, Beach Commercial, Resort Commercial 24, Resort Commercial 28, General Commercial, Infill Commercial, Highway Commercial, Commercial Center, Multiple Family Residential 16, Multiple Family Residential 20, Multiple Family Residential 24, Multiple Family Residential 28, Limited Office, General Office, Downtown/Mixed Use, Urban Center (BayfrontL Urban Center (Core), Urban Center (Transition), Public/Semi-Public, Open Space/Recreation and Research, Development and Office Park Districts; amending Sec. 41.053, Code of Ordinances, to add conditional uses in Neighborhood Commercial, General Commercial and Highway, providing an effective date. Mr. Shuford stated this ordinance was continued from the meeting of August 15 to be reworked and brought back. He said work is st1l1 in progress and suggested a continuance to the first meeting in December. ' Member Mazur moved to continue Ordinance 5889.95 to the meeting of December 5, 1995. The motion was duly seconded and carried unanimously. E. Chairman's Items (,;.t~',:, '.~., . Member Merriam expressed concern that hedges in setbacks are not regulated the same as fences when they form a visual barrier. Two areas of special concern were hedges in setbacks obstructing waterfront views and those obstructing views of approaching traffic. Mr. Shuford explained it is difficult to regulate hedges because they grow and change. He said the City can take action on public safety issues where sight distances are involved. He requested anyone who observes overgrowth creating a traffic hazard to report it. In response to a question, Mr. Shuford said the Code regulating clear view of the water does not apply to single family dwellings. Mr. Shuford stated he would bring up the sight distance issue with the Parks and Recreation Director and City Engineer and report back to the Board. F. Director's Items 1. Discussion of Alcoholic Beverage Regulation Mr. Shuford stated, at the request of the Board, he requested information from the State concerning local control over the sale of alcoholic beverages. He received a response from Thomas Klein, Chief Altorney of the Florida Department of Business and Professional Regulation, regarding state law that permits or precludes local regulation of certain alcoholic beverage s<lles. Summarizing the response, Mr. Shuford said while product display is not preempted by state law, any regulation of container size is pre-empted. -......../ mpzlOa.95 Page 4 10/03/95 , I . , . " ". ' .' , , . fr~:~/~:' ': 'l',' i ~ . .~ A continuing concern was expressed with the sale of single serving sized alcoholic beverages at establishments that also sel t gas. It was felt this encourages drinking while driVing. One member felt Mr. Klein's response does 110t clarify the issue. Lengthy discussion ensued among Board arid staff members. A suggestion to prohibit display of chilled single containers was made and discussed at length. It was felt that alcoholic beverages on ice near cash registers are more likely to be purchased for immediate consumption than room temperature beverages. Staff was requested to investigate whether the City may regulate display of chilled containers. The City Attorney was requested to correspond with the State and clarify whether the City has the ability, based on current City Code: 1) to prohibit the sale of alcoholic beverages in establishments that sell gas; 2) to restrict the sale of single serving sized alcoholic beverages; and 3) to mandate temperature of alcoholic bevcrages sold in any establishment. Mr. Shuford stated he will work with the Legal Department and come back with recommendations. '2. Discussion of Central Permitting Staffing 1.....;.") "If;ol Mr. Shuford gave an overview of the many projects in which his department is involved, stating about 8,000 building permits, 22,000 inspections and 400 agenda items are accomplished each year. He displayed two presentation charts listing current staff members, their duties, and a detail of work in process. He said, through process and organizations changes, his department has streamlined procedures and he wished to help the Board by letting them know whom to contact. He said his 36 person staff has a 93% customcr satisfaction rate. G. Board and Staff Comments Leslie A. Dougall-Sides was welcomed as a new Assistant City Attorney. It was indicated she started work yesterday and will regularly attend Board meetings. Member Baron offered to Mr. Shuford copies of materials he received at the recent American Planning Association Conference. Member Mazur requested clarification rcgarding whether or not Board members should abstain from voting on a case for which they arrived late. Discussion ensued and it was indicated the City Attorney had suggested that late arrivals should not vote on highly controversial cases to preclude the possibility of an appeal being overturned due to a technicality. Attorney Dougall-Sides noted that current Board rules allow for abstentions only when a member has a financial interest in a case. She indicated the Board may amend the bylaws to address the late arrival issue, if they wish. Mr. Shuford stated a review of Board rules is due in January. \ ' "'-' mpzl0a.95 Page 5 10/03/95 H. Adjournment l'fi~:; 0:.,.... ., t:':. .:' ."~' , .-....... \ Member Nixon noted that City policy requires the Planning nnd Zoning board to initiate review of the land Development Code every five years. Mr. Shuford stated, while a comprehensive review has not been done since 1985, he has made it an ongoing practice to change and update the code. He estimated at least 150 land Development Code ordinances have been adopted during his tenure. Member Nixon expressed concern trees are cut down unnecessarily when parking space and restroom facility calculations are based on building area instead of business use. She referred to Builder's Square, stating the parking lot and restrooms are not likely to ever reach capacity due to the transitory nature of the clientele. Mr. Shuford' stated parking requirements have been dramatically reduced in the last month. He noted the amount of parking at Builder's Square was considered to be necessary by the client. Staff was requested to ensure that applicants do not cut down trees to meet requirements in excess of the City standards. Member Kunnen questioned if the Pinellas Planning Council consistency plan covers this type of issue. Mr. Shuford stated the consistency plan focuses more on land use plan categories. He said he is always looking fDr ways tD make development regulations compatible with those in the surrounding communities. ~ i::J Member Bickerstaffe referred to concerns expressed at the last meeting regarding the accumulation of trash on a Lakeview Avenue property. He presented photographs of a fence being built to enclose the property, stating the debris is a fire hazard and rodent infestation problem. Staff was requested to keep an eye Dne the cDndition of the property behind the fence. The meeting adjourned at 3:58 p.m. !o0:@ytWI Ii! 1/M/U'~ I-ChaiT Attest: ~;t~J S2 Board Reporter;' (. 0' , '~".~ ,-J) ( .' l/ lj-' .,<.~/ (/ \ '..J mpzl0a.95 Page 6 10/03/95