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10/17/1995 (2) , . . .' - , , , ",.' .... , ~ .. -. ~ :);'>~':I:.' 1 .~ .. .1; . ~_.. PLANNING AND ZONING BOARD. ACTION AGENDA Tuesday, October 17, 1995 Call to Order, Pledge of Allegiance and Invocation A. Approval of Minutes - October 3, 1995 --Approved as amended. '~~o9J t~~:t' B. Requests For Extension, Deferred And Continued Items 1. Trial Period Review - Dimmitt Car LeasinQ, Inc (E's Auto Detailing) to permit vehicle service/auto detailing at 510 Pine St., Wallace's Addition, Blk 3, Lots 6~9, zoned CG (General Commercial). CU 95~15 ACTION: Approved subject to the following conditions: 1) The, applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) All permitted services shall be indoors; 3), All parts, materials and vehicles shall be stored indoors; 4) Vehicle washing shall be limited to the wash rack area only; 5) All hazardous waste materials including oil drum storage, fuel tanks, and paint related shall be properly disposed of and manifests be maintained at the site to document proper disposal,' 6) The applicant shall remove the waste oil drum storage area away from the storm sewer inlet within 20 days from the date of this public hearing; 7) The parking lot shall be striped (marked by durable painted lines) consistent with specifications provided by the City code and subject to the final approval of the City Traffic Engineer within 90 days from the date of this public hearing; 8) There shall be no repairs including major repairs involving transmission dismantling, painting, fender, muffler or body work,' 9) The applicant shall meet all supplementary conditions for vehicle service and auto detailing in accordance with Section 41.053(30J of the City Land Development Code; 10) Approval shall be for a six (6J month trial period at the end of which the applicant shall be re-evaluated for compliance with code enforcement; 11) A landscape buffer in the grass area on the east side of the property shall be installed and maintained according to City Code; and 12) The hours of operation shall be restricted to 7:00 a,m. to 7:00 p.m., Monday through Saturday, closed Sunday. 2. Trial Period Review - Michael & Patricia Vlamakis (Skycrest Auto Sales) to permit outdoor retail sales, displays and/or storage for vehicle sales at 2010 Drew St, Skycrest Terrace, Blk C. Lots 5 & 6, zoned CG (General Commercial). CU 95-18 ACTION: Continued to November 14, 1995 at the request of the applicant C, CONDITIONAL USES: 1. Star Enterorise/Raini Patel (Highland and Sunset Texaco) to permit package sales of beer and wine (change of business ownership) at 1898 N, Highland Ave" Sec 02-29-15, M&B 32.01, zoned CN (Neighborhood Commercial), CU 95-56 '...J P&Z ACTION Poge 1 10/17/95 ., ,. . . 1 ,,- . . '. >, , .. '. >. . '1 ~. ." ACTION: Approved subject to the following conditions: 1) The requisite occupational license shall be obtained prior to the start of business but no later than six months from the date of this public hearing: 2) The sale of alcoholic beverages shall be limited to the hours of 8:00 a.m. until midnight, Monday through Saturday, and 1 :00 p.m. until Midnight on Sundays; 3) There shall be no unapproved outdoor retail sales or displays; 4} All existing site lighting shall be equipped with a 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights~of-way within 60 days from the date of this public hearing; and 5) The perimeter landscaping requirements of Sec. 42.27 shall be provided to the extent possible given site conditions, within 60 days from the date of this public hearing and continuously maintained thereafter. \,~.., 'j 'I !~I"'t".'> 2. IJhan M, & Mary J. Bilautav (Pace Tech, Inc) to permit non~commercial parking at 507, 508. & 601 N. Garden Ave" Bidwell's Oak Wood Add, Lots 29-35 and part of Lot 36, Nicholson & Sloan's Add. Lots 7~9, and Hart's Addition to Clearwater. Blk 2. Lot 17 & part of Lot 18, zoned RM 8 {Residential Multi Family~ & IL (Limited Industrial), CU 95-57 ACTION: Approved subject to the following conditions: 1) The applicant shall obtain the requisite building permit within six months from the date of the certification of an amended certified site plan,' 2) All site lighting shall not exceed 12 feet in height, and shall be equipped with a 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights-of-way; 3) The parking facility sha/J be used for Pace Tech employees only,' 4) A Unity of Title shall be recorded tying the subject property with the existing Pace Tech property prior to the issuance of at building permit,' 5) The applicant shall submit copies of the required landscape plan to the City Environmental Management Group for final approval,' 6) A six foot tall opaque fence or wall shall be installed along the easterly end of the parking lot, and landscaping shall be placed on the outside of the fence or wall; 7) Prior to issuance of a building permit, a clearing and grubbing permit and a tree removal permit (or a no tree verification form) are required,' 8) Prior to the issuance of a building permit, a copy of the approved SWFWMD permit shall be provided to Engineering Site Plan Review; and 9/ The applicant shall work with staff to save specimen trees prior to the issuance of the parking lot building permit. '-......,/ 3. Clearwater Free Clinic. Inc to permit non.commercial parking at 707 N. Ft. Harrison Ave.. J,H. Rouse Sub, Blk 1, Lots 1, 2, 7 & 8, zoned eN (Neighborhood Commercial) & RM 8 (Residential Multi Family). CU 95858 ACTION: Approved subject to the following conditions:' 1) The requisite building permit shall be obtained prior to the start of construction but no later than one year from the date of this public hearing,' 2) The applicant shall remove the existing driveway apron at the Southwest corner of the property where the access from South Ft. Harrison A venue is to be eliminated within one year of the issuance of the requisite building permit; 3) An ingress and egress easement shall be provided along the alley as the proposed driveway in order to permit the public's legal use of the full driveway width within one yesr of the issuance of the requisite building permit,' 4) The outfall pipe for the detention pond shall be constructed to discharge to the adjacent storm inlet at North Ft, Harrison A venue and Seminole Street,. 5) Any site lighting to be provided shall be equipped with a P&Z ACTION Page 2 10/17/95 , , "..., ; . , "l" ,. .'. , , , \<."l; ~~. \. ~ ": ~ ,.' 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights-of.way; and 6J A Unity of Title Declaration for the property shall be recorded prior to the issuance of the requisite building permit. .-.... 4. Jerrv H. & James H. Center/Pick Kwik Food Stores. Ine/HaPDY Food Stores. Int;: to permit package sales of beer and wine (change of business ownership) at 2099 N. Highland Avo. Sec 02.29-15. M&8 21.05, zoned CN (Neighborhood Commercial). CU 95-59 ACTION: Approved subject to the following conditions: 1) The sale of alcoholic beverages shall be limited to the hours of 8:00 a.m. until midnight, Monday through Saturday, and 1:00 p.m. until Midnight on Sundays; 2J Any proposed site lighting shall be equipped with a 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights-aI-way; and 3) The perimeter landscaping requirements of See, 42.27 shall be provided within the buffer adjacent to Union Street within 60 days from the date of this public hearing and shall be continuously maintained thereafter. 5, Luverne M. Loken TRE (Pinch A Penny) to permit outdoor retail sales, displays and/or storage at 1480 S. Belcher Road, Sec 24-29-15, M&8 41.02, 41.03 & 41,04, zoned CC (Commercial Center). CU 95-60 ACTION: Continued to October 31, 1995 ,.:; D, ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW 1. ICont. from 10/3/95) ORDINANCE NO. 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: Endorsed Item 0.1 to the City Commission 2. ORDINANCE NO. 5921-95 of the City of Clearwater, Florida, relating to the Land Development Code; creating Division 14 of Chapter 41. Code Of Ordinances, to establish development standards for parking garages; providing an effective date. ACTION: Endorsed Item 0.2 to the City Commission with the recommendation to amend language in Section 41,252 (3), (4) and (5) from "'None." to "'Not applicable. It E. CHAIRMAN'S ITEMS - None F, DIRECTOR'S ITEMS - Discussion G, BOARD AND STAFF COMMENTS - Discussion , ........ H. ADJOURNMENT - 3:55 p.m. paz AC1ION Page 3 10/11/95 , . l . . r ....... ~. .' . . , . . .~L(:'{\;.:~:,~ ~ :::~'''~.J... '< .c' 'c .... .r~1\ : . {; . .': - .~ PLANNING AND ZONING BOARD , October 17, 1 C)95 Members Present: Kemper Merriam, Chair Jay Keyes, Vice ChL'lir Robert D. Bickerstaffc Edward Mazur Brenda Nixon Bernie Baron Frank Kunnen .' Also Present: Leslie A. Dougall-Sides, Assistant City Attorney Scott Shuford, Director, Centrnl Permitting Sandra Glatlhorn, Manager, Central Pcrmitling Gwen Legters, Board Reporter, City Clerk Department '0 The meeting was called to order by the Chair al 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 nppeal 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. To provide continuity, the items are listed in agenda order although not necessarily discussed in that order. A. Approval of Minutes - October 3, 1995 Member Nixon noted that Assistant City Attorney Dougall-Sides' name was omitted from the title page, Member Merriam requested correction 011 page 4, paragraph 4, to reflect his concern that setbacks for hedges should be regulated the same as (or fences. Member Keyes moved to approve the minutes of October 3, 1995, as corrected. The motion was duly seconded and carried unanimously. B. Requests for Extension, Deferred and Continued Items 1. Trial Period Review - Dimmitt Car leasingJnc (E1s Auto Detailing) to iJCflllit vehicle service/auto detailing at 510 Pine St., Wallace1s Addition, Blk 3, lots &-9, loned CG (General Commercial>. CU 95-15 \ \.J Ms. Glatthorn gave the background of the case and presented, in writing, staff 'recommendations. She stated staff had recommended denial because the conditions of approval were not met. Subsequent visits to the site revealed the applicanllw5 been working , rnpz lob. 95 Page 1 10/17/115 N~'!t'," . , , :~(>"r.. . ,~ toward compliance, A question was raised regarding why staff recommends landscaping for . ...J this site. Ms. Glatthorn responded they suggest conditions to bring every site up to code. , Ronell Fuller, owner of Ps Auto Detailing, explained how he has cleaned up the property. He stated he cleared out six service bays for vehicle storage and removed the bus from the site, Referring to copies of invoices from towing companies, he said he got rid of several disabled vehicles. He stated he is waiting for titles to the remaining vehicles. He discussed the landscaping he has installed to date and questioned what is still needed. Ms. Glatthorn said t,he City's environmental management group indicated about 22 more shrubs are needed to complete buffering along the north and east sides. Concern was expressed with the site appearing to be used as a sales lot. Mr. Fuller was asked why he needs titles to the remaining vehicles. Mr. Fuller stated he cannot dispose of vehicles without titles. He said cars along the west end are not on his property and belong to the service shop next door, Concerns were expressed with unsightly conditions on the surrounding properties, Staff was directed to investigate immediately and take action to eliminate the mess, :""~')" , ; ""'W< Stuart Whitehouse, adjacent property owner, spoke in support of Mr, Fuller's efforts to clean up the subject property. Mr. Whitehouse questioned why the City has not taken action to require the surrounding property owners to clean up their properties as well. He said he has been in contact with City code enforcement. It was indicated staff will investigate this issue, One woman spoke in opposition to the business operating at night and on Sunuay, saying the noise of voices and radios disturbs her. While she agreed Mr. Fuller has done a good job, she questioned if his hours of operation could be limited. ' Ethel Whitehouse, adjacent property owner, spoke in opposition to the loperation. She indicated she owns a small business and does not understand why she must follow the rules when others do not. It was indica'ted much of the disturbance she described does not come from Mr. Fuller's shop, but from the surrounding businesses. Consensus was to limit Mr, Fuller's hours of operation. Discussion ensued regarding what the hours should be and how much additional landscaping is required. '-J Member Keyes moved to approve Item 8.1 subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) All permitted services shall be indoors; 3) All parts, materials and vehicles shall be stored indoors; 4) Vehicle washing shall be limited to the wash rack area only; 5) All hazardous waste materials including oil drum storage, fuel tanks, and paint related shall be properly disposed of and manifests be maintained at the site to document proper disposal; 6) The applicant shall remove the waste oil drum storage area away from the storm sewer inlet within 2q days from the date of this public hearing; 7) The parking lot shall be striped (marked by durable painted lines) consistent with specifications provided by the City code and subject to the final approval of the City Traffic Engineer within 90 days from the date of this public mpzlOb.95 Page 2 10/17/95 , . , . . I' . . '. .'.' '. . I . . ... . -;5i.1<t:".~ . 'T J , :-, hearing; 8) There shall be no repairs including major repairs involving transmission , '. I dismantling, painting, fender, muffler or body work; 9) The applicant shall meet all supplementary conditions for vehicle service and auto detailing in accordance with Section 41.053(30) of the City land Development Code; 10) Approval shall be for a six (6) month trial period at the end of which the applicant shall be re-evaluated for compliance with code enforcement; 11) A landscape buffer in the grass area on the east side of the properly shall be installed and maintained according to City Code; and 12) The hours of operation shall be restricted to 7:00 a.m, until 7:00 p.m" Monday through Saturday, closed Sunday. The motion was duly seconded and carried unanimously, 2. Trial Period Review - Michael & Patricia Vlamakis (Skycrest Auto Sales) to permit outdoor retail sales, displays and/or storage for vehicle sales at 2010 Drew St, Skycrest Terrace, Blk C, Lots 5 & 6, zoned CG {General Commercial}. CU 95-18 Ms. Glatthorn stated staff received a written request to continue this item until November 14, 1995, as the applicant was not able to'attend today's hearing. Member Kunnen moved to continue Item B.2 to November 14, 1995. The motion was duly seconded and carried unanimously. C. Conditional Uses () 1. Star Enterprise/Rajni Patel (Highland and Sunset Texaco) to permit package sales of beer and wine (change of business ownership) at 1898 N. Highland Ave" Sec 02-29- 15, M&B 32.01, zoned CN {Neighborhood Commercial}. CU 95-56 Ms. Glatthorn gave the background of the case and presented, in writing, staff recommendations. She stated the request is for package sales at a convenience store and vehicle service facility, She indicated the property is well maintained, the parking lot is well marked and in excellent condition. Staff recommended approval subject to five conditions, including additional landscaping in the buffer areas of the perimeter. Rajni Patel, business owner/applicant, stated Texaco owns the land and building and the previous owner held the beer and wine license for eight years, He requested clarification of staff's suggested conditions related to site lighting and additional landscaping, It was indicated equipping site lighting with 900 cutoffs is a standard condition intended to prevent bright lights on buildings from being directed outward, blinding drivers and disturbing surrounding residents. Mr. Patel responded he has only low intensity, short island lights that are turned off when he doses at 11 :00 p.m. Mr. Patel said attempting to alter the perimeter landscaping would be a problem because of groundwater monitoring devices buried there, He said they are spaced about ten feet apart, and are monitored by the Environmental Protection Agency to guard against fuel or oil leaking into the groundwater. It was suggested that he work with the Environmental Management Group to meet this condition to the extent possible. "J mpzlOb.95 Page 3 10/17/95 , . , . ." . './'" ..... 'I' :y':!l:>'}';':-' ,.., ' .:~~ '~ I Mr. Patel was asked if he will have beer on ice near the cash register, He said beer is kept in the cooler. While he indicated he does sell cold single serving sizes, the volume of beer sales is very small when compared to sales at nationally recognized convenience stores. He indicated gasoline sales comprise the bulk of his business. Concern was expressed by one member who does not believe in selling beer where gasoline is solei, No one was present to speak in support or opposition to the request. , Concern was expressed with numerous calls listed on the police report and a question \VLlS raised if a six month review is in order. This was not felt to be necessary as the number of calls is not excessive for the type of business. It was also indicated the State may revoke an alcoholic beverage license if the Police Department reports a large number of alcohol related problems associated with an establishment. Staff was requested to have the dates of reported incidents included on future police reports. () Member Bickerstaffe moved to approve Item C.1 subject to the following conditions: 1) The requisite occupational license shall be obtained prior to the start of business but no later than six months from the date of this public hearing; 2) The sale of alcoholic beverages shall be limited to the hours of 8:00 a,m. until midnight, Monday through Saturday, and 1 :00 p.m, until Midnight on Sundays; 3) There shall be no unapproved outdoor retail sales or displays; 4) All existing site lighting shall be equipped with a 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights-of~way within 60 days from the date of this public hearing; and 5) The perimeter landscaping requirements of Sec. 42.27 shall be provided to the extent possible given site conditions, within 60 days from the date of this public hearing and continuously maintained thereafter. Upon the vote being taken, Members Merriam, Keyes, Nixon, Bickerstaffe, Baron and Kunnen voted "Aye"; Member Mazur voted tlNay." Motion carried, 2, IIhan M. & Mary I. Bilglltay (Pace Tech, Inc) to permit non-commercial parking at 507, 508, & 601 N. Garden Ave" Bidwellls Oak Wood Adel, Lots 29p35 and part of Lot 36, Nicholson & Sloanls Add, Lots 7-9, and Hartis Addition to Clearwater, Blk 2, Lot 17 & part of Lot 18, zoned RM 8 (Residential Multi Family) & IL (Limited Industrial). CU 95-57 Ms. Glatthorn gave the background of the case and presented, in writing, staff recommendations. She stated the applicants wish to construct a 16 space parking lot across the street from their medical equipment assembly facility, The additional parking will be needed as the their proposed five million dollar expansion develops during the next few years, increasing their work force from 48 to 75 people, Staff recommended approval with eight conditions. Alex Panik, representing the applicants, addressed the Board. In response to a question, Mr. Panik stated they propose to meet condition 1/6 by building a fence 'along the east end or the parking lot. \ '-....J ,; mpzl0b.95 P"gc 4 1 0/17/95 it'llt->..' ", '" ~~:;r . ::. ,~ "'" e.l ,ont." , \ '0 \..../ , " Discussion ensued regarding the number, type, and health of trees to be removed from the site to meet interior landscaping requirements. Two trees of particular concern to the Board were 26 and 30 inches in diameter. Mr. Panik snid Alan Mayberry, the City's Urban Forester, worked with them and had no problem wilh the application. The Board expressed strong objection to removing 26 and 30 inch trees to meet drive aisle and landscaping requirements, A suggestion was made to reduce the size of some parking spaces and designate them for compact cars and motorcycles, Another suggestion to maximize interior landscaping was to enlarge certain landscaping islands from three to five feet. Staff was charged with finding a way to make development standards less rigid to encourage economic development while saving more large trees. No one was present to speak ;n support or opposition to the request. I Member Bickerstaffe moved to approve Item C.2 subject to the following conditions: 1) The applicant shall obtain the requisite building permit within six months from the date of the certification of an amended certified site plan; 2) All site lighting shall not exceed 12 feet in height, and shall be equipped with a 900 cutoff mechanism; with the light being directed downward and away from adjoining residential properties and streets rights-of-way; 3) The parking facility shall be used for Pace Tech employees only; 4) A Unity of Title shall be recorded tying the subject property with the existing Pace Tech property prior to the issuance of at building permit; 5) The applicant shall submit copies of the required landscape plan to the City Environmental Management Group for final approval; 6) A six foot tall opaque fence or wall shall be installed along the easterly end of the parking lot, and landscaping shall be placed on the outside of the fence or wall; 7), Prior to issuance of a building permit, a clearing and grubbing permit and a tree removal permit (or a no tree verification form) are required; 8) Prior to the issuance of a building permit, a copy of the approved SWFWMD permit shall be provideu to Engineering Site Plan Review; and 9) Prior to the issuance of a building permit, the applicant shall work with staff to save specimen trees. The motion was duly sccondcd and carried unanimously. 3. Clearwater Free Clinic. Inc to permit nonwcommercial parking at 707 N. Ft. Harrison Ave., j,H, Rouse Sub, Blk 1; Lots " 2, 7 & 8, zoned eN (Neighborhood Commercial) & RM 8 (Residential Multi Family). CU 95-58 Member Nixon declared a conflict of interest regarding this case. Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. She stated the applicant wishes to construct parking 10l \0 provide additional parking for their clinic expansion. Staff recommended approval wllh six conditions. Brenda Harris Nixon, President of the Clearwater Free Clinic board of directors; gave an overview of clinic operations and detailed the request. She stated the clinic expansion will include additional room for storage, office space, a diabetic education classroom, and pharmacy areas. She said they attempted to save all the trees for shade and aesthetics, even though Alan Mayberry said some were not worth saving. She said the project will beautify the neighborhood corridor and will not adversely impact the community, mpzlOb.95 Page 5 10/17/95 . " .: ;.' .....;. .... ,>' '. ' .~~;f~';';:;"'1t l.ob ;" '........... j ",.,-'" Ms, Nixon said, with an operating budget of about $55,000, the clinic treats more than 7,200 patients annually, at no charge to the patient. She listed the medical and clerical personnel who donate their services and stated all the architectural, engineering, and site plan services for the project have been donated as well. She requested a year instead of six months to obtain the requisite permits. The extra time is needed because the addition will not break ground until complete funding is in place, She said fund raising efforts are underway and gave a telephone number for anyone to call for more information. No one was present to speak in support or opposition to the request. It was indicated removing the North Fl. Harrison Avenue entrance will enhance traffic flow and the only access will be from Seminole Street. A question was raised regarding the Tmffic Engineering Department's request for a revised site plan. Ms. Nixon was not aware of this and staff was asked to investigate. ~':;:~ 'Q(, - Member Keyes moved to approve Item C.3 subject to the follOWing conditions: 1) The requisite building permit shall be obtained prior to the start of construction but no later than one year from the date of this public hearing; 2) The applicant shall remove the existing driveway apron at the Southwest corner of the properly where the access from Soulh Fl. Harrison Avenue is to be eliminated within one year of the issuance of the requisite building permit; 3) An ingress and egress easement shall be provided along the alley as the proposed driveway in order to permit the public's legal use of the full driveway width within one year of the issuance of the requisite building permiti 4)" The outfall pipe for the detention pond shall be constructed to discharge to the adjacent storm inlet at North Fl. Harrison Avenue and Seminole Streeti 5) Any site lighting to be provided shall be equipped with a 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights.of-way; and 6) A Unity of Title Declaration for the property shall be recorded prior to the issuance of the requisite building permit. Upon the vote being taken, Members Merriam, Keyes, Mazur, Nixon, Bickerstaffe, Baron and Kunnen voted "Aye"; Member Nixon abstained. Motion carried. 4. lerry H. & lames H. Center/Pick Kwik Food Stores, Inc/Happy Food StOI:'~S, Inc to permit package sales of beer and wine (change of business ownership) at 2099 N. Highland Ave, See 02-29-15, M&B 21.05, zoned eN (Neighborhood Commercial). CU 95-59 Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation, Staff recommended approval with three conditions. Izeddin Suhweil, representing the business, stated he owned supermarkels and convenience stores in Chicago and has done the same thing here for 13 years. His focus is converting nationally recognized convenience stores into neighborhood grocery stores. He said his business does not thrive on selling cigarettes or alcohol. He tries to meet the needs of the neighborhood by specializing in hot food and providing a service to the neighbors. He agreed , with the recommended conditions. '0 mpz 1 aU,95 Page 6 10/17/95 \ , , ~l~:'!',' " , . " ' :; '..,'. " . l' ,t ". '. ~ -~ No one was present to speak in support or opposition to the request. Member Bickerstaffe moved to approve Item C.4 subject to the following conditions: 1) The sale of alcoholic beverages shall be limited to the hours of R:OO a.m. until midnight, Monday through Saturday, and 1 :00 p.m. until Midnight on Sundays; 2) Any proposed site lighting shall be equipped with a 900 cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights-of-way; and 3) The perimeter landscaping requirements of Sec. 42.27 shall be provided within the buffer adjacent to Union Street within 60 days from the date of this public hearing and shall be continuously maintained thereafter. The motion was duly seconded and carried unanimously. 5. Luverne M. Loken IRE (Pinch A Penny) to permit outdoor retail sales, displays and/or storage at 1480 S. Belcher Road, Sec 24-29-15, tvl&8 41.02, 41.03 & 41.04, zoned CC (Commercial Center). CU 95.60 It was not known why no one appeared to present this case. No one was present to speak in support or opposition to the request. Consensus was to continue the item to the next meeting. Member Kunnen moved to continue Item C.s to October 31, '1995. The motion was duly seconded and carried unanimously. \ I::> Mr. Shuford arrived at 3:23 p.m. D. Annexation, Zoning, land Use Plan Amendment, Land Development Code T ex! Amendment and Local Planning Agency Review 1. (Cont. from 10/3/95) ORDINANCE NO. 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 the ordinance before the Board deals with exempting vending machines from attached sign age requirements. In response to a question, Ms. Dougall-Sides sLlid it separate ordinance for news racks will be brought forward after some First Amendment concerns are addressed. Further discussion related to this issue is included under Board and Staff Comments below. Member Nixon moved to endorse Item D.l to the City Commission. The motion was duly seconded and carried unanimously. 2. ORDINANCE NO. 5921.95 of the City of Clearwater, Florida, relating to the Land Development Code; creating Division 14 of Chapter 41, Code Of Ordinances, to establish development standards for parking garages; providing an effective date. . '> '-' OlpzlOu,95 Page 7 10/17/95 .' ',' ~. . ...' .' ~W}'i,:." }/'..~ " , , :'1' . ~' ., . ~ J " Mr. Shuford slated this ordinance was prepared as part of the urban center requirements related to the downtown plan. It is being brought forward for Board consideration at the direction of the City Commission. He outlined the changes to the dimensional, numerical and landscaping requirements, highlighting special conditions if a parking garage is located in a pedestrian oriented zoning district. He said this ordinance is important because, as land becomes more valuable, it will give the ability to regulate more structured and atlractivc parking, Discussion ensued regarding floor area ratio and minimum landscaping. A suggestion was made for language changes and noted by Mr. Shuford, Member Nixon moved to endorse Item 0.2 to the City Commission with the recommendation to amend language in Section 41.252(3), (4) and (5) from "None. II to "Not applicable." The motion was duly seconded and carried unanimously. E. Chairman's Items- None F. Director's Items ,:> Mr. Shuford reported the Community Response Team has followed up on Board concerns regarding an accumulation of trash on a lakeview Avenue property being used by the Scientologists, He was advised that the tractor-trailer has been removed, some fencing installed and painting and roof work are expected soon. Member Nixon was concerned with a large dumpster overflowing on the property. Member Baron stated a bus moved off the property was moved downtown by the old Gray Moss Inn. Mr. Shuford said the Community Response Team is to reinspect on October 24 and he will relay this information to them. He 'discussed a memo from the City Clerk regarding the Board's annual report 10 the City Comm ission. G. Board and Staff Comments Discussion ensued regarding a draft of an unnumbered ordinance, amending City Code Section 28.10(bl. Mr. Shuford stated this draft was prepared in response to the Board's request at the last meetingl to ensure vending machines are operable and well maintained, to preclude the possibility of using inoperable machines as signs. The draft amendment also establishes setback requirements and the number of vending machines and news racks that may be installed outside buildings. He said he will bring a numbered final draft for Board review before it goes to the City Commission. Discussion ensued regarding the number, type and color of news racks allowed outside buildings and along highways. In response to a question, Ms. Dougall-Sides stated shopper newsletters have been placed in the same category as newspapers. She felt the dispensers of newsletters and free advertising flyers would probably be considered in the same category as news racks, This is to be discussed further when the news rack ordinance is scheduled. , ~ V' mpzl0b.95 P,lge 8 10/17/95 , . . J '. '" ' ' ., .' " ,.... ~ \ I ~ , . .' . , .' . I I ~V~;f"':"', .':.' , · '. ; . ~ I. ~ ~ . ~ ~ T' .: . ~ '.:' . , .. ~ i ~ \.: , ...... Mr. Bickerstaffe objected to having any vending machines outside a place of business. He fell all vending machines should be inside the doorways to reduc:e vandalism and weathering, thereby improving the appearance of the community. He also expressed concern that accumulation of trash on commercial and residential properties makes the City look bad. He asked that the City crack down on this problem. ,~ . Member Nixon stated she received a response from staff regarding her concern about the number of water closets in commercial establishments, It was indicated they are regulated by State plumbing code according to area and occupancy. Referring to Builders Square, Ms. Nixon felt there was an excessive number of women's water closets for that type of use, She restated her desire to see the calculations based on use as well as floor area and occupancy. Mr, Shuford explained one of the difficulties associated with that method of calculation is the use could change in the future, For example, if a hardware superstore was converted to a women's clothing outlet, a vastly different number of water closets would be required if they were based on use. He indicated the potty parity law requiring equal facilities for men and women is also a major factor in designing restrooms. I" Member Mazur questioned the proposed 1996 meeting schedule. He requested allowing for summer vacations by having one meeting a month during July and August. Mr. Shuford will bring the final calendar back for Board approval at the next meeting. o Mr. Shuford referred to recent legislation that could provide a cause for concern when adopting more stringent building and development regulations. He said if a property owner's reasonable use is impacted, the governing agency can be subject to "taking" claims that may have a basis in court. He said the City Legal Department is looking at the issue because it has the potential for affecting operations here. H. Adjournment The meeting adjourned at 3:55 p.m. Attest: /;/ J ) ~/ ".J J.!~ ~ ~ ,_ '/ 4. -" " ... . v"(~v l../~';, (t,c.r- Board Reporter :../ o mpzl00.95 Puge 9 10/17/95 , . V,":'! · You must complete and file this form (before making any allempt to inOuenee the decision), '....ith the person , , recording the minutes of the meeting, who will incorporate the form in the minutes. .. " ' , . ,.. . ~ I I . . .. .'. . I · A copy of the fonn must be provided immediately to the other members of the agency. , . , _ .,...The form must be read publicly at the next meeting aftcr the form is filed. FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ,LD rlrL _ ' Ie; ,\-1- ~( / :0. ...~t1, 01' IIO"IW, t'Ul:"('IL. l'llM MI~~llI", ....l" ltollll'. (If( ('OMMI 1'1 It (0 j,1 " 'J ~ ? ,,-<~?2,,Lr-1V.~'t. <') ~t-"'4.A-..&> .JV-(I~1'.& 1111:. 1I0AIW, nWI\(,Il, (,OM MI~~IO"". .'1\111101111' OK ('(lM~1I 1"1 H Of,; "'lIlelll sr:1l \'lIS" UNIT 01': Q/t1TY o ('Ol'~f'" o (Jlllrll\ 0'''1. ACif.N(,Y .. "'", OF l'lll,tlI('AI M'lIDI\'I~IO:-; /"1/-- G-U~ I <.~U/ ".\ I'usn IOf,;/r", I / l-- 0 HI CliVI: I ^..Ll/~-ll-".--'"" J~~'- ~1'1'OII'TIVJ; (0 C!P- 'l.f- ~ WHO MUST FILE FORM 6B This form is for use h)' allY person scn'ing at the COUnty, city, or other localle"c1 of government on an appointed or elected board, council, commission, atIlhoril)'. or cOfllmilll.'c. II applics equally /0 members of lI(h'imry (lnt.! 1l00Hldrisor)' bodies who are prcsenlcd wit h a voting conflict of interest under Sect ion ] I ~J I <13, Florida Statutes. lour responsibilities under the law when faced wilh a measure in which you have a eonniel of interest will vmy greatly depending on whether you hold an cleclive or appointive position. For this reason, J11cnse pur close allention to the instructions on this form before comnleting the reverse side and filing the form. 1:::J INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.31431 FLORIDA STATUTES A person holding elective or appointive count)', municipal, or other IOCo11 public oflice MUST ABSTAIN from vOling on a menSlll'C which inures to his special private g.ain, E.1ch eJected or appointed local oflicer also is prohibited from knowingl)' voting on a measure which inures to the special gain of n principal (other than n government agency) by whom he is retained (including the parent or.ganiwtion or subsidiOlry of a corporate principal by which he is retained); to the special private gain of a relative; or to the special , privntc gnin of n business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., nnd officers of independent special tax districts elected on a,one-acre, one-vote basis arc not prohibited from voting in lhat cnpncity, For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother~in- law. son-in-law, and daughtcr-in-Ia\\'. A "business associate" means any person or endl)' engaged in or carr)';ng on a business enterprise with the officer as a partner, joint venturer, eoowner of property, or corporate shareholder (where the shares (If the carpor-Hion arc not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from vOling in the situations described above, you must disclose the: connie\: PRIOR TO THE VOTE BEING TAKEN by publicly stating lO the assembly the nature of your interest in the mensure on which )'ou arc abswining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOIl\'TED OFFICERS: Although you must absl.1in from voting in the situations described above, you otherwise may participate in these mallers. However, you must disclose the nature of the connict before making any nllempt to innuence the decision, whether orally or in writing and : whether made by you or nt your direction., ,..- . .'. " , , . - ,- -... ' . , .., ,,,. ... ,J IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH I THE VOTE WLL BE TAKEN: .,. . ,.. : responsible. for ..' , fl' ~:. ~ :. , CE FORM au. 10-91 ..~,_,.. T /,' I 1 F YOll MA ~ F :\0 ATI'FM 1''1' 1 () I~' 1, Ll1 L;-.;CF 'Ill F DECISIO:-; EXCEPT BY PISCllSSI()~ ^ 1 'I III M E ETI~(j: . You mU:.I di!>I.'ll1!-c llrally Ihl.' nalllr\,' "f your \,'llnni\,'1 in IllI.' n1l'a!>Llr~ ~rllll' I'atlil.'ipalillg. · You mll~t ClJm"kl\: Ihc form Hlld fik it within 15 day\ after Ihe H'll' OCCllrs \dlh the rl.'l~On n~~IH'mibk flH rCl'llldint: Ihc lIlil\l~ the ml.:'Ctin~, who must iIH,'\'\rpnnltc the rorm ;11 Ihe minUII'!>. ,\ cnpy (If the ('orlll IlHl!>1 he I'llIvidl'd i1ll11ll'lliatcly In the lillieI' thembers of the il~e:IICY, and thc forl11l11u~1 N: read puhlic1yat the Ill'''' l1ll'Cling. urler lhe form is fLied, a DISCLOSURE OF LOCAL OFFICER'S INTEREST [) n~, lcrchl' discluse Ihat 011 I () ) I -; I,. r.t.~ I-/{uvl:<-.L. /' I (n) ^ measure came (II' will come hdurc m~' agenc)' which (elled; Ollr) _ inured tn my special privale p:ilin; _ inurcd to the special t;aill (If my hminess associatc, _ inured 10 Ihe: spcci;d gain of illY relative, _ inured 10 Ihe special gain of whom I ill11 retilined: or () "\ ~ _ V'inured 10 the special gain of L.LL~L-'1.u cct,-\. -r L..t:e. l..t-; - is thc parcnl organii'lltioll or subsidiary or a principal which hilS rClained me, , (b) The rtlcasurc before illY agcncy lInd the nillure of my conOicting intercsl in the measure is ns follow, I q(- , ] 9 .:...:d-: . In , whi, :J < b' , II lh)A~~ ~ J. 61.u} f /UA-c-&~ QrC) -cL 13tlfL.~CI q ~vG.4-. -~-~J on;'LO~e.,~ T~ If\. ~-u.,..'\ L,-~ f ~ 2, ;6 tf-tvL- ~ . (Lt,r..t;) C.lJ-e Dale File ,.. / NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES S112.317 (1991), A FAILURE TO MAKE ANY RE~EJ: DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY DE PUNISHED BY ONE OR t.':ORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROt-,,! OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION It- SALAR Y, REPRIMAND, OR ^ CIVIL PENALTY NOT TO EXCEED 55,000, -t~ t......'!' 1.1 'C'~ fll :4.