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11/04/1997 (2) "" )'" PLANNING & ZONING BOARD MEETING -ACTION AGENDA Tuesday t November 4, 1997 '1\:':;;'" !'~.':.::'~ ~<.....:: ,: \:.' ,~ . f ,'. :'. < ~' , . ..' .: I . , , " : ,:~ :' " ,:-(;,~ ",:~. ~1' Call to Order, Invocation, Pledge of Allegiance Minutes Approval - Postponed to the next meeting. B. Requests for Extension, Deferred, and Continued Items B1. (Cont. from 10/21/97) William & Hooe Georailas (Bob & Eddie's Diner) to permit noncommercial parking at 1849 Gulf-to-Bay Boulevard, Sec 13-29-15, M&B 32.02, zoned RM 8 (Residential Single Family). CU 97-54 ACTION: Approved subject to conditions: 11 the requisite building permit shall be obtained within 60 days of the date of this public hearing. Prior to issuance of the building permit, the applicant shall submit a revised site plan showing the following changes: a) the surfacing of the aisles serving the grassed parking spaces shall be approved by the City Engineering Department prior to issuance of a permit. In response to a question, Mr. Hilkert said the area is already being used as a parking lot therefore Staff's second recommended condition is not necessary. .:) 82. (Cont. from 10/21/97) Camobellland Comoany to permit (1) vehicle sales, (2) vehicle service, and (3) outdoor retail sales, displays, and/or storage at 1600 Sunshine Dr., Sec 12-29-15, M&B 12.01, zoned IL (Limited Industria!), CU 97-61 (TO BE CONTINUED) ACTION: Continued to the next meeting. C. Conditional Uses C1. Betty L. Zones/Joyce L. Silver/St. Matthew's First Missionary BaDtist Church to permit noncommercial parking at 710 N. Mvrtle Ave., R. H. Padgetts Sub, Blk 1, Lots 5 & 6 less St., Blk 2, Lots 1, 2, and part of Lot 3 together with part of proposed vacant Alden Ave., zoned RS 8 (Single Family Residential). CU 97-64 ACTION: Approved subject to the 7 conditions recommended by Staff, changing condition #1 to 24 months, and changing the City Code reference in condition #5 to 42.27. C2. Mission Hills Plaza Venture (Johnny's Italian Restaurant) to permit retail complex more than 10 percent gross floor area at 2907 SR 590. See 08-29-16 M&B 11.01, zoned CN (Neighborhood Commercial). CU 97-75 (WITHDRAWN BY APPLICANT) o ACTION: Withdrawn by applicant. pzact11 a97 1 11/04/97 , ,:'" . " > . ~. ;'J' 'I \"'fI' , , ' I. ':':, :;'.f'. C' D. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment, and Loeat Ptanning Agency Review 01.. 2131 NE Coachman Road, Mosell Acres, part of Lot 2 (Frederick E. & Camille H. Hoslev and Harvey L. & Dana B. Kersteinl A 97~' 2 ZONE: CG (General Commercial) ACTION: Approved as requested. E. Chairman's Items Discussion regarding a Christmas Luncheon. F. Director's Items '. Discussion regarding a Friday luncheon workshop to be scheduled. G. Board and Staff Comments Discussion regarding Keene Road zoning, a master plan for cell towers, the City,' 5 light ordinance, beautification, and a contradiction in the Land Development Code. 0, H. Adjournment - 3;02 p.m. I .,::J ", . ~ j '"i , < . ~ . C) i, . ' j <;~i<<,t:M:iw,\iJllAA<J.l.W.t:~il"'Il>i,:,~......lm...~""'" ....,.~_.... ..,..." -- ..",., PZ8ct11897 2 11/04/97 .,C ," ., '~-~~"""~"'''''~'~''''''''''~';''f.',~~:~ti';~JI:'~.ilJ~~:;:'~~;!;,.i61, ;,;;i;< ~ ,'1,: ~ ;'.~'::;,: .:' ,i<':,)i:: :~,:,,~ ;'::,;';:;"!r~:,l..;."i;;;":''',! . .:,.',':";;\~;:~70:~t~~: ::: i:':";1 " , " . ;":z' ;' ,:: ~"'~':(~ :'~~,~~::~r::,~~::r:~::':,i': -;:~:",' ;,,:' , .'. '., " , " ~' PLANNING AND ZONING BOARD CITY OF CLEARWATER November 4, 1 997 The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation, Pledge of Allegiance, and a review of meeting procedures and the appeal process. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Present: Edward Mazur Brenda Harris Nixon Robert D. Bickerstaffe Frank Kunnen Douglas Hilkert Gerald Figurski Leslie DougallwSides Tony Shoemaker Sandy Glatthorn Steve Doherty Brenda Moses Absent: Empty Seat f~ ITEM #A - Aooroval of Minutes Chair Vice Chair Board Member Board Member Board Member Board Member Assistant City Attorney Interim Director Central Permitting Central Permitting Manager Central Permitting Supervisor Board Reporter Board Member Member Nixon recommended the board review the minutes of October 21, 1997, at the next meeting. ITEM #B - Reauests for Extension. Deferred. and Continued Items 1) (Cont. from 10/21/97) William & HaDe Georailas lBob & Eddie's Diner) to permit noncommercial parking at 1849 Gulf-ta-Bav Boulevard, See 13-29-15, M&B 32.02, zoned RM 8 (Residential Single Family). CU 97-54 Central Permitting Supervisor Steve Doherty reported the applicant is requesting conditional use approval for noncom~ercial parking which is proposed to supplant the existing parking for Bob and Eddie's Restaurant, located at 1849 Gulf- to-Bay Boulevard. Staff has spent time with the applicant since the original continuance and recommends approval subject to conditions: 1) the requisite building permit shall be obtained within 60 days of the date of this public hearing. Prior to issuance of the building permit, the applicant shall submit a revised site plan showing the following changes: a) the surfacing of the aisles serving the grassed parking spaces shall be approved by the City Engineering Department prior to issuance of a permit; and b} the proposed opaque fence shall be a solid wood fence or a masonry wall; and 2) all of the improvements listed above shall be made prior to use of the area as a parking lot. o In response to a question, Mr. Doherty said staff would support a condition to direct lights away from surrounding residential properties. mpz11 a97 1 11/04/97 "c .f'..,I, .', .', ,Y1:-~~~~li) _..... '. c . ~Mitt'<-!/i'iYV' , \)~" "\ ';, . l .' t :. ~.. . j" '" " ,'" " . '.'.. . ."' ".".,.. " c.'' '. . c',., I . ~ . . .;,. , , ."1 .:....... \,' " , " , , '. / ~ Robert E. Gregg, Representative, stated the conditions suggested by staff are acceptable but complained about the requirement both fencing and landscaping. Mr. Doherty said noncommercial parking adjacent to property zoned single family residential must have a 6 foot high opaque fence or wall between the parking lot and the adjacent residential property, and a landscape strip at least 10 feet wide. That strip may be reduced in width if the applicant places the fence or wall inside the landscaping, and may locate the fence as close as 7 feet from the residentially zoned property. The fence to be masonry or wood, but it must meet code requirements. Landscaping must be at least 18 inches high at the time of planting. Mr. Doherty said staff is satisfied with the plan submitted by the applicant. In response to a question, Mr. Doherty he said fencing materials suggested were only a recommendation. The City will work with the applicant regarding the fence material. .' , Member Hilkert moved to approve Item #B1 subject to conditions: 1) the requisite building permit shall be obtained within 60 days of the date of this public hearing. Prior to issuance of the building permit, the applicant shall submit a revised site plan showing the following changes: a) the surfacing of the aisles serving the grassed parking spaces shall be approved by the City Engineering Department prior to issuance of a permit. The motion was duly seconded and carried unanimously. (". j'~,: :.... f~ 2) (Cont. from 10/21/97) Campbell land Company to permit (1) vehicle sales, (2) vehicle service, and (3) outdoor retail sales, displays, and/or storage at 1600 Sunshine Dr., See 12-29-15, M&B 12.01, zoned IL (Limited Industria!), CU 97-61 (TO BE CONTINUED) J' . ';' ..' In response to a question, Mr. Doherty said the applicant submitted another plan which was inadequate to address pertinent issues. The applicant has concurred with staff's recommendation to continue the case. :. I' :~:' : . Member Bickerstaffe moved to continue Item #B2 to the next meeting. The motion was duly seconded and carried unanimously. :' .': ".\":.:,' c'"." ITEM #C - Conditional Uses .:<::"::. t;' ') Betty L. Zones/Joyce L. Silver/St. Matthew's First Missionarv Baptist Church to permit noncommercial parking at 710 N. Mvrtle Ave., R. H, Padgetts Sub, Blk " Lots 5 & 6 less St., Blk 2, Lots 1, 2, and part of Lot 3 together with part of proposed vacant Alden Ave., zoned RS 8 (Single Family Residential). CU 97-64 " , .' ,," 'I,,' Chair Mazur stated he had a conflict with this item and did not participate in the discussion or vote. . ~ .. 0'''''" . , Mr. Doherty reported the applicant is requesting expansion of a conditional use approval for noncommercial parking at 710 North Myrtle Avenue, zoned RS 8. The Planning and Zoning Board previously approved this use on September 16, 1997. Since that time, Morton Plant Hospital Association, Inc. has acquired an additional property adjoining the approved development. The original approval was " . 1:,11 mpz11 a97 2 11/04/97 ".~: . . ," , " d:: I;. " .' j ," " \.. ,Ie::" ',,' ; ',',:' ~l"':','<', co" ",~,"~",>' ,. ,\~;\~',,",'. . ........ .":',? :;;I"...~: '.... .'",..'; ':.,. ;i;"',;"!'I;";;;/'\::';,'~,::."':::.; ';,":..;'::: ,', ,:,..;... ;, {(i)i'f~;;:,;;)!': . .' '." l' r: r, . . . < ,',::. . : :j.' . :'. I " :, . ~ ",.:'.' ..".. ,,' ,. 'I ':,.::\ . " ~ If . " . '", /.' I '..- , :' " '. "/:',.." ...' .: "; ..' ,I, .- . , . '", . . . " , I . . . .' ,.'. ' , i. '. .... _~_' ~_.. ........._.'~ .: J".' I ' . I ..' . , .' ""', I.~." '. \',\:-:,::",', :'. ~ ", ,. subject to 5 conditions: 1} the applicant shall obtain the requisite building permit, certificate of occupancy and occupational license within six months of September 16, 1997; 2) as required by the supplementary standards for this use, all site lighting shall be equipped with a 90 degree cutoff mechanism, with the light being directed downward and away from adjoining residential properties and street rights- of-way; 3) a unity of title declaration shall be filed unifying the subject property and the property for which this parking lot is intended to support; 4) the right-at-way for Alden Avenue shall be vacated prior to issuance of a building permit for this parking lot; and 5) prior to is~uance of a permit for the proposed development, the applicant shall obtain a variance to the 60 foot maximum requirement for right-of-way separating a required parking lot from the adjacent property which the parking lot is intended to support. The applicant has increased the land area with the addition ot Lot 3 and is proposing to increase the number of parking space from 29 to 52 and install a second vehicular ingress/egress on Myrtle Avenue. The applicant has agreed to address: 1) the Environmental group's objection to underground storm water treatment, and 2) the Traffic Engineering Department's objection to the additional ingress/egress on Myrtle Avenue. Staff believes the applicant will submit at a later date a revised plan which deletes the additional Myrtle Avenue access and provide above ground stormwater treatment. Staff supports the request subject to 7 conditions: 1) the applicant shall obtain the requisite building permit, certificate of occupancy and occupational license within 6 months from the date of this public hearing; 2) as required by the supplementary standards for this use, all site lighting shall be equipped with a 90 degree cutoff mechanism, with the light being directed downward and away from adjoining residential properties and street rights-of-way; 3) a unity of title declaration shall be filed unifying the subject property and the, property for which this parking lot is intended to support; 4) the right-of.way for Alden Avenue shall be vacated prior to issuance of a building permit for this parking lot; 5) all the perimeter landscaping required by Sec. 42.27 shall be provided; 6) the parking lot deSign shall be subject to the review and approval for the Environmental group and Traffic Engineering prior to issuance of the requisite building permit; and 7} prior to issuance of the requisite building permit the applicant shall obtain a variance to the 60 foot maximum requirement for right-of-way separating a required parking lot from the property which the parking lot is intended to support. Emil C. Marquart Jr. representative, stated the newly purchased property is adjacent to a property previously granted a conditional use. Additional parking' is required for the planned family practice residency program across the street. He stated the applicant is agreeable to the conditions, with a request to obtain the permit within 18 months to 2 years, rather than 6 months. In response to a question, Mr. Marquart said the nearby church is also agreeable to the conditions. (~, Member Hilkert moved to approve Item #C1 subject to the 7 conditions recommended by Staff, amending condition # 1 to 24 months, and amending the City Code reference in condition #5 to 42.27. The motion was dUly seconded and carried unanimously. o 2) Mission Hills Plaza Venture (Johnny's Italian Restaurant) to permit retail complex more than 10 percent gross floor area at 2907 SR 590. See 08-29-16 mpz11 a97 3 11/04/97 ..:r""IIIIiIIiI';"'i~'?"'.::.!',\',:,,''',\':] i~;:'.:'~'j:':)"';;l$':"':\;,iii::",.t..,:}',;.,'" . '-" .:::;,':...',....,;. ',..... ":.\'i";A!:;". .'. . . ; '. ,\ i,::) ,~;:",;!:.:,~\:\ .... .... , . '.' ,l." ~ M&B 11.01, zoned CN (Neighborhood Commercial). CU 97.75 (WITHDRAWN BY APPLICANT) Mr. Doherty indicated the applicant has withdrawn Item #C2. ITEM #0 - Annexation, ZoninQ, land Use Plan Amendment. land Development Code Text Amendment. and local Plannino Aaencv Review 1) 2131 NE Coachman Road, Mosel! Acres, part of Lot 2 IFrederick E. & Camille H. Hosley and Harvey L. & Dana B. Kerstein) A 97-12 ZONE: CG (General Commercial) Central Permitting Manager Sandy Glatthorn said the applicant is requesting annexation of the property 750 feet east of Drew Street and NE Coachman Road intersection. The property will have a zoning district assignment of GC (General Commercial). According to City and County land use plans, the property already has a CG land use and a land use amendment is not necessary. The property is owned by the owner of the dental office on the abutting property. The subject property will be used for noncommercial parking and possibly future expansion. Based on staff review and analysis of the application. staff recommends endorsement to the City Commission of the proposed Annexation and Zoning Atlas , Amendments to General Commercial for Mosel! Acres, part of Lot 2 as they appear to be ,supported by the Standards for Approval of land Development Code Section 37.21, Article III of Chapter 40, Section 36.66. (, Mr. Galbraith, representing Dr. and Mrs. Hosley and Dr. and Mrs. Kerstein, noted the annexation request is voluntary. The applicants want to use this property for additional parking. The request is consistent with the City's current land use plan. Member Figurski moved to recommend endorsement to the City Commission for Item #01 as requested. No conditions were imposed. The motion was duly seconded and carried unanimously. ITEM #E - Chairman's Items Discussion ensued regarding the upcoming holidays. The Peppermill Restaurant will be contacted regarding a luncheon meeting on December 16, 1997, or December 2, 1997. ITEM #F - Director's Items A Friday luncheon workshop session apart from the regular meeting, was suggested. Ms. Glatthorn will confirm a date and provide details. L ,J~). (;; mpz11 a97 4 11/04/97 ,IT( .. , . . ....>." ,"/i:;';;';,i~;'Fgi't'~,t\'!y ...........' " , ~ ~. .' ~::9 ITEM # G - Board and Staff Comments It was requested the zoning in the Keene Road extension area be reviewed. It was suggested staff scrutinize the area for beautification purposes. It was noted Lakeland, Florida, has a master plan for cell towers. In response to a question, Assistant City Attorney Leslie Dougall-Sides said staff is working to inventory existing and proposed cell tower sites. An ordinance is being developed to regulate their placement. It was felt new buildings and businesses are constructed without regard to the City's light ordinance. Church's Fried Chicken's lights can be seen 1/4 mile away. The halogen lights on Nascar's building shine into the street. It was requested the CRT (Code Response Team) review these problems and enforce the ordinance. The City's new codes addressing parking lots constructed in residential areas were complimented. Some lots are becoming aesthetically pleasing and are hidden from the street. It was suggested shrubs be used for beautification instead of chain link fences and cement walls between residential and commercial properties. It was suggested the City provide a more business-friendly environment by becoming more open to change. ,0 A contradiction discovered in the Land Development Code was noted. Section 41 .053 20d requires a fence on a property line, while Section 42.27 requires a 7-foot landscape buffer between a fence and the property line. It was requested these codes be corrected, and the Planning & Zoning Board b'e given discretion in such cases. ITEM # H - Adiournment The meeting adjourned at 3:02 p.m. Chair Planning & Zoni Attest: '~IW'J JcV~ 86ard Reporter ' o mpz11a97 5 11/04/97 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I....Sll\...'U _ "KS' ,"""",t' - Mllml .. ,"'''MI' "AM~, ot' KOAM.lJ. ('OUN C', I., C'tlMMllol>IUI\, ,WlIIUM,IH. UM. ('(1M ""I n II 2- l' 2 I'~ , 1 HE. 110" It 11, COUNCIl., C M MISSIUS. AUl HOItI r" M. COMM111 no" WHICU I SERVE IS" UNIT OF: CITY 0 ('OIINT" 0 OWER I OC'AI. ACENCY (,'IIY C (~y w e:-i-JZ. (" CDUNn. B Jl. PL-- WHO MUST FILE FORM 88 This (orm is for use by any person serving at the counl)', city, or othcr local level of government all an appointed or elected board, council, commission, authoril)', or comlllillcc. 11 npplies equally to members of advisory and lion-advisory bodie~ who arc presented with 3 voting eonniet of interest under Section 112,3143, Florida Slatutcs. Your rcspOlIsibilities under the Inw when faced with a mCllsure in which you have a connict or intercst will vary greatly depending on whelher )'OU hold an e1eclivc or nppoinlive position. For this reason, please pay c10sc attention to lhe ins(ructions on this form before completing the reverse side: and ming the form. I~ INSTRUCTIONS FOR COMPLIANCE WITH SECTiON 112.3143. FLORrOA STATUTES A person holding eleclive or appoinlive counly, municipal, or other local public orlicc MUST ADSTAIN from vOling on a measure which inures to his special privatc S:lin, Each elccted or appoinled local omcer <also is prohibiled from knowingly voting on a measure which inures 10 the special gnin of a principal (other than a government asency) by whom he is retained (includmg the parent organilBtion or subsidiary of a corporate principal by which he is relained); to lhe special private: gain of a relative; or 10 the special . private gain of a busincss nssociate, Commissioners of community redevelopment agencics under See, 163.356 or 163.357, F,S" and orftcers of independent special tax districts clectcd on a,one-:lcre, one-vote basis are not prohibited from voting in lhat capacity. For purposes of this law, a "relative" includes only the omcer's father, mother, son, daughter, husband, wife. falher-in-Iaw, mother-in- J"w, son-in-law, and daughter-in-law. A -business associatc" means any person or entil)' engaged in or carrying on a business enterprisc with the officer as a partner, joint venturer, coowner of property, or corporale shareholder (where the shares of the corporation are nOllisted on any nulional or regional slack exchange), ELECTED OFFICERS: In addition 10 abstaining from vOling in Ihe situations described above, you must disclose the connict: PRIOR TO THE VOTE BEJNG TAKEN by publicly Slating 10 the assembly the nalure of your interesl in the measure on which you are abstaining from vOling; and ' WlTHlN IS DAYS AFTER THE VOTE OCCURS by completing nnd filing this form with lhe person responsible for recording the minutes of lhe meeting, who should incorporate the form in thc minutes. . APPOINTED OFFICERS: Although you must abstain (rom voting in the silUal;ons described above, you olhcrwise may participale in thesc mallers. However, you must disclose the iini;';i:: of the connicl bcfore making any Duemptto innuence the dccision. whelher orally or in writing and whcther made by you or at your direclion. ., ..._, ...' ,_. . . " .. "M' .- , IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRiOR TO THE MEETING AT WHICH ". THE VOTE WLL BE TAKEN: V'..' You must complete and file this f~rm (berore making any attempt to inOuence thC? decision) ,~ith' ;he person resp~n$ib;~.'(or i ;.~, ~o.~ing the minutes oft,he, ~eeting, who wj~Hncorporatc IbeJormin l~e .m~nut~~. '.~', , , ".' '. ' " '.: ,.~ r ~.. ':':', . A copy or the (onn must be: provided immediately (0 the other members of the agency.. r. ;. :..': " s' ',: '_ _-_The (onn must be read publicly at the next meeting afler the form is filed. :. ...- ., ell FORM la - 10.91 IF "Oll MAKf NO ,\l-rEMI'T10 ISF1.lIE!'\CE 1 liE DECISION EXCEPT BY ['HSCllSSIO~ A,.,.IlE MeETING: . You'must disdu!-C' (lmll)' Ihe nalllre "f ,'our ennniel in Iht' nl,'.1MIrt'!x'(Ufl' p;lnidpalin!l, . You must complete the: form and fill: it within I S tlay~ afler the \'ole occurs with the reU\Ul rcspun!lihle (or r,'curding the: milll' (~ , the meeting. who must ineClrpOr.1Ie: the form in the: ,minutes. ^ copy of the form ItlU~t he rlU\iclccl immedialely 10 the Olner ".embers of Ihe agency, llnd the form musl he read rublicly 81 the next mcc:tin~ aflcr thc form is flied. . DISCLOSURE OF LOCAL OFFICER'S INTEREST J. l2;J~....J-Maj V" Sv- . hereby di,clo,e ,ha'o" isl rnr' t.\) (0) ^ measure cnme or will comc before my ngency which (check one) _ inured 10 my sflCcial private [!il.in; .:.......:.. inured to the special gain of my business associate, _ inured 10 the special gain of my relath'C., ~nured to the spc~inlllain of ~~ f> I~ }..A:~..DA-<' --' whom I am rCI:Jincd; or _ inured to the Spccilll gain of , is thc rarcnt or~ani7.ntion or subsidiar)' of.a princiral which has rctained mc, (b) The measure before my agency and the nnture of my connielin!: inlcresl in the mensure is tiS follows: , 19.5.:;..: . which #M J , M';J-~ - r ~--fk ~r ~ ~ ~-tL M'~ t l '- " " , h/q /47- Date FileJ ' ' " NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112,317 (1991), A FAILURE TO MAKE ANY REQ~E[ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOW1NC lMPEACHMENTt REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION ]' SALAR Y. REPRIMAND. OR A CIVIL PENAL TV NOT TO EXCEED 55,000. rr: 1",",0 " c~ . 111,111 ,. 1'': , , ~:" _' .... '., ..' . '.' '.. ",. ,../:',:,:,}.,;,!:/;,.:,:.;, :',: ,;;'<:4X:':;,\it'(,,'!:",,:":',i/D::i,.?'::::,':, ,:,}:,',';::/:",?;'h'~: , \ ',' ',!' ,',',",', ' '" '," ,,'l,,'fI..' ,,:,(, r. ','I, "D " ,,,,?] ',".. ,', ','"..' ,;',,' \,,!.. ,h,. t' . .,.~. . ..' ":", ,.~ \\. ,.~H... .... ".r.:::'..... ~.'~ ~.':'l.:'\ ';";.">:'1'.;,."::",.' .... '.