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07/18/1989 MINUTES PLANNING & ZONING BOARD TUESDAY, JULY 18, 1989 - 1:30 PM Members Present: Chairman Johnson, Ms. Nixon, Messrs. Green, Hamilton, Mazur, and Schwob Members Absent: Mr. Ferrell A. Motion was made by Mr. Mazur, seconded by Mr. Schwob, to approve the minutes of the June 13, 1989 meeting as corrected. Motion carried unanimously (6 to 0). Chairman Johnson 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, has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. B. Conditional Uses:  1. (CONTINUED FROM 6/27/89) Lot 1 less south 385 feet, Sever Park (880 U.S. Hwy. 19 South) South Gate Park, Inc./Tondelli Engineering CU 89-42 Request - Outdoor Commercial Recreation/Entertainment Zoned - CH (Highway Commercial) Mr. Hilton explained the background of the case and submitted, in writing, the staff recommendation. Mr. George Bozza, representative of applicant, stated he has developed miniature golf courses throughout Florida and the West. He advised the go-kart track is not imperative to the project and was proposed in order to use the property to its full potential. Mr. Bozza stated there will be some trees lost but as many as possible will be saved. He stated the other golf courses with which he has been associated do not become nuisances. He advised lighting is controlled and the mountain will act as a buffer for the mobile home residents from the noise of U.S. Hwy. 19. After questioning by Board members, Mr. Bozza advised as follows: Proposed hours of operation will be from 10:00 AM to 11:00 PM; his miniature golf courses are operated with and without speakers; the speakers are used as a paging system when necessary; music used will be mainly theme music; and, the main theme of this golf course will be African. Ms. Nixon expressed concern about loss of trees. After questioning by Ms. Nixon, Mr. Bozza advised 50% of the trees will stay and it is to his benefit to save as many trees as possible. He also advised if the go-kart track is not approved, he will expand the golf course. After questioning by Mr. Schwob, Mr. Bozza stated he intends no alcoholic beverage sales. Discussion following regarding whether the nearby mobile home residents or the owner of the park received official notice of the subject request. In support of the subject request, Mr. John Quattrocki, owner of the motel property, advised the mobile home residents are aware of the proposed project. Motion was made by Ms. Nixon to deny the above request. Motion died for lack of a second. Discussion followed regarding the possibility of continuing the subject request to allow the applicant to submit a revised site plan that shows no 90-kart track. Motion was made by Mr. Mazur, seconded by Mr. Schwob, to continue the above request to the Planning and Zoning Board Meeting of August 15, 1989. Motion carried (4 to 2) with Ms. Nixon and Mr. Johnson voting "nay.". 2. South 385 feet of Lot 1, Sever Park (1160 U.S. Hwy 19 South) South Gate Park, Inc./Williams Architects CU 89-46 Request - 1. Vehicle Service AND 2. Outdoor Retail Sales, Displays, and/or Storage Zoned - CH (Highway Commercial) Mr. Hilton explained the background of the case and submitted, in writing the staff recommendation. Mr. Hank St. Jean, representative of applicant, stated applicant will follow code requirements. He requested the Building Permit be required to be obtained within one year of certification of a site plan because other agencies are involved. He stated only light maintenance of vehicles will be performed on site. After questioning by Ms. Nixon, Mr. St. Jean advised the hours of operation will be the same as at other Lokey operations and there will be no engine testing at the subject site. After questioning by Board members, Mr. St Jean advised as follows: A site plan will be submitted through normal channels; he is working with Engineering staff and SWFWMD in regard to retention areas; and, as many of the trees as possible will be retained. Mr. Schwob felt a condition of approval that no major engine repairs as defined in the Land Development Code be included if the request is approved. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above request subject to the following: 1) That a site plan be submitted within six (6) months; 2) That a subdivision plat be certified; 3) That a Building Permit be procured within one (1) year of certification of the site plan; and 4) That no major repairs as defined in Section 136.025(c)(27) of the Land Development Code be performed on site. Motion carried unanimously (6 to 0). 3. M&B 23.01, Sec. 08-29S-15E (400 Mandalay Avenue) Equitel (Holiday Inn Surfside)/Suncoast Beach Service/Peter Poreotis CU 89-47 Request - Use Not Specifically Identified in Code (Rental of Non-motorized Recreational Water Craft [2 Catamarans]) Zoned - AL/C (Aquatic Lands/Coastal); OS/R (Open Space Recreation); AND CR-28 (Resort Commercial "Twenty-Eight") Mr. Hilton explained the background of the case and submitted, in writing, the staff recommendation. Atty. George Greer, representative of property owner and applicant, stated rental of the catamarans will only be to hotel guests. He stated the use is compatible with neighboring uses, there will be no adverse impact, and property values will not be affected. He agreed with the Harbormaster's written comment that the catamarans stay away from the Pier 60 area. Atty. Greer stated the concessionaire who will rent the catamarans operates at 38 hotels and has had no accidents. After questioning by Ms. Nixon, Mr. Hilton stated staff discussion which advised the catamarans would be for use of hotel guests only was based upon information submitted with the application. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That a certificate of use be obtained within six (6) months; and 2) That the catamarans stay clear of the Pier 60 area. Motion carried unanimously (6 to 0). 4. M&B 14.06, Sec. 13-29S-15E (2198 Gulf To Bay Boulevard) American Oil Co. (Belcher Amoco Service Center)/John Protopapadakis CU 89-48 Request - 2-APS (Package Sales of Alcoholic Beverages) Zoned - CG (General Commercial) Mr. Polatty explained the background of the case and submitted, in writing, the staff recommendation. Mr. Daniel Maroulis, representative of applicant, stated applicant purchased the gas station and he wants an alcoholic beverage license because people are requesting beer and wine. He felt the alcoholic beverages will help gasoline sales. After questioning by Mr. Johnson, Mr. Maroulis stated the requests for beer and wine have been recent and he does not know if the former owner had requests for alcoholic beverages. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the requisite license be obtained within six (6) months. Motion carried (4 to 2) with Ms. Nixon and Mr. Johnson voting "nay." Ms. Nixon felt the subject property was too close to a residential area and to Albertson's which also sells alcoholic beverages. Mr. Johnson felt it is not in the interest of Clearwater to sell beer and wine on every corner. Mr. Green stated he did not see a basis for denial of the request. 5. M&B 41.05, Sec. 24-29S-15E (1496 South Belcher Road) Mobil Oil Corp. (Mobil Service Station) CU 89-49 Request - 1-APS (Package Sales of Alcoholic Beverages) Zoned - CC (Commercial Center) proposed rezoning to CG (General Commercial) Mr. Polatty explained the background of the case and submitted, in writing, the staff recommendation. Ms. Angela Adams, representative of Mobil Oil Corp., stated applicant intends to completely rebuild the site. She also stated a car wash will not be built on the site. Ms. Adams advised a variance to the separation distance requirement from a residential area will not be necessary because there will be no deliveries between 10:00 PM and 6:00 AM. She stated a variance to the separation distance requirement from a similarly licensed establishment will be required. She stated the use of the property will not change from the current 1-APS license in effect for the property. No persons appeared in support of or in opposition to the above request. Ms Nixon stated she is not in favor of approval of the above request because the subject property is too close to a residential area and to Winn Dixie which also sells alcoholic beverages but the subject license is already in use. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That a Building Permit be obtained within six (6) months; and 2) That the necessary variances to the separation distance requirement be approved by the City Commission. Motion carried unanimously (6 to 0). 6. Lots 11 and 12, Hanousek's Sub. (1255 Missouri Avenue) Searstown Partner's, Ltd. (David's Wholesale Liquors)/David W. Moore CU 89-50 Request - 3-PS (Package Sales of Alcoholic Beverages) Zoned - CC (Commercial Center) Mr. Polatty explained the background of the case and submitted, in writing, the staff recommendation. Mr. David Moore, applicant, stated he will provide a convenience to people in the shopping center as there are no other package stores in the shopping center. He stated he will not have on-premise consumption of alcoholic beverages. He also stated he agrees to no deliveries between the hours of 10:00 PM and 6:00 AM and he intends to run a clean operation. After questioning by Board members, Mr. Moore advised as follows: He has no experience in alcoholic beverage sales or in retail sales; he obtained the license when the quota was increased; he will personally run the business; and, there is no other package store in the shopping center as Winn Dixie only sells beer and wine. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That hours of operation be limited to 9:00 AM to 9:00 PM, Monday through Saturday; 2) That there be no deliveries between the hours of 10:00 PM and 6:00 AM; 3) That a variance to the separation distance requirement be approved by the City Commission; and, 4) That the Occupational License be obtained within six (6) months. Motion carried unanimously (6 to 0). 7. Lots 1 through 6, Blk. 4, Wallace Sub. (509 Pine Street) Dimmitt Cadillac (Dimmitt Car Leasing)/Ken Booker CU 89-51 Request - Temporary Building for Office Space Zoned - CG (General Commercial) Mr. Mazur declared a conflict of interest (see form attached) and advised he will not participate in the Board's discussion or vote on the above request. Mr. Richter explained the background of the case and submitted, in writing, the staff recommendation. Mr. Kenneth Booker, representative of applicant, stated applicant intends to build a body shop but construction of the permanent building has been delayed due to a holdup in negotiations with D.O.T. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the temporary building be approved for a period of one (1) year. Motion carried (5 to 0). C. Annexation, Zoning, Land Use Plan Amendments, and Local Planning Agency Review: 1. (CONTINUED FROM 6/13/89) Land Development Code Text Amendment: Chapter 135, creating Sections 135.1001 through 135.1007 (PROPOSED ORDINANCE) To Establish the North Greenwood Commercial District. Providing for permitted and conditional uses within the District; establishing use limitation, dimensional and numerical development requirements and an optional reduction of parking standards for the district; amendment Section 134.010, Code of Ordinances, to establish sign regulations for the North Greenwood Commercial District; creating Section 137.0235, Code of Ordinances, to establish the North Greenwood Design Review Board; establishing the membership, officers, powers and duties of the Board; establishing North Greenwood Design Standards and a scoring system to evaluate building plans for the district; amendment Sec. 136.006, Code of Ordinances, relating to the minimum structural setback for properties fronting on Greenwood Avenue between Palmetto Street and Marshall Street. LDCA 89-05 Mr. Richter explained the background of the proposed ordinance and accompanying resolution and submitted, in writing, the staff recommendation. He explained the changes necessary to the Land Development Code to effectuate the North Greenwood Commercial district. He further explained the North Greenwood Economic Development Task Force's ideas for architectural style proposed for the area and to create a compact, pedestrian, commercial district. No persons appeared in support of or in opposition to the proposed ordinance and accompanying resolution. Discussion followed regarding the thoroughness of the task force's work in developing the North Greenwood Commercial district. Concern was expressed by Mr. Hamilton that similar design committees would be established throughout the City though he agreed the North Greenwood area needs attention. Mr. Polatty agreed it would be difficult to manage other such districts in the City and felt the suggested changes are the beginning of better things for the area. The Board commented on the lack of citizen comments regarding the proposed changes. Motion was made by Mr. Schwob, seconded by Ms. Nixon, to recommend approval of the proposed ordinance and accompanying resolution subject to review and approval by the North Greenwood Economic Development Task Force. Motion carried unanimously (6 to 0). 2. (CONTINUED FROM 6/13/89) Lots 9 through 16, Blk. 1, Lincoln Place Sub. (Located on the east side of Taft Avenue, between Grant Street and Carlton Street) (Multiple Owners/City of Clearwater) LUP 89-03 Z 89-03 Land Use Plan: FROM: Commercial/Tourist Facility TO: Medium Density Residential Zoning Atlas: FROM: CN (Neighborhood Commercial) TO: RM-16 (Multiple Family Residential "Sixteen") The above property is located on the east side of Taft Avenue, between Grant Street and Carlton Street. Mr. Richter explained the background of the above request, advised the request is in conjunction with the proposed North Greenwood Commercial district, and submitted, in writing the staff recommendation. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Green, to recommend approval of the zoning amendment from CN (Neighborhood Commercial) to RM-16 (Multiple Family Residential "Sixteen") and a Land Use Plan amendment from Commercial/Tourist Facility to Medium Density Residential. Motion carried unanimously (6 to 0). 3. (CONTINUED FROM 6/13/89) M&B 24.01, Sec. 10-29S-15E (Located at the southeast corner of the intersection of North Greenwood Avenue and Palm Bluff Street) (Willow Run, Inc./City of Clearwater) LUP 89-04 Z 89-04 Land Use Plan: FROM: High Density Residential TO: Commercial/Tourist Facility Zoning Atlas: FROM: RM-24 (Multiple Family Residential "Twenty-Four") TO: CNG (North Greenwood Commercial) The above property is located at the southeast corner of the intersection of North Greenwood Avenue and Palm Bluff Street. Mr. Richter explained the background of the above request, advised the request is in conjunction with the proposed North Greenwood Commercial district, and submitted, in writing, the staff recommendation. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Green to recommend approval of the zoning amendment from RM-24 (Multiple Family Residential "Twenty-Four") to CNG (North Greenwood Commercial) and a Land Use Plan amendment from High Density Residential to Commercial/Tourist Facility. Motion carried unanimously (6 to 0). 4. (CONTINUED FROM 6/13/89) Lots 1 through 4, Lots 7 and 8, Blk. 1, Lincoln Place Sub., Lots 6 through 11, Blk. 3, Jackson's C.E. Sub., Lots 6 through 11, Blk. D, Lots 31 and 32, Palm Park Sub., Lots 1 through 7, Greenwood Manor, Lots 1 through 3 and Lots 10 through 12, Mason's Sub., Lots 32 through 35 Blk. F, Lots 32 through 35, Blk. E, Lots 32 through 35, Blk. D, Greenwood Park No. 2, Lots 15 through 18, Blk. C, Lots 15 through 18, Blk. B, Greenwood Park (Located east and/or west of North Greenwood Avenue between Grant Street on the north and Palmetto Street on the south) (Multiple Owners/City of Clearwater) Z 89-05 Zoning Atlas: FROM: CN (Neighborhood Commercial) TO: CNG (North Greenwood Commercial) The above property is located east and/or west of North Greenwood Avenue between Grant Street on the north and Palmetto Street on the south. Mr. Richter explained the background of the above request, advised the request is in conjunction with the proposed North Greenwood Commercial district, and submitted, in writing, the staff recommendation. No persons appeared in support of or opposition of the above request. Motion was made by Mr. Schwob, seconded by Mr. Green, to recommend approval of the zoning amendment from CN (Neighborhood Commercial) to CNG (North Greenwood Commercial). Motion carried unanimously (6 to 0). 5. Land Development Code Text Amendment: Chapter 135, amendment Sections 135.097, 135.110, 135.116, 135.122, 135.128, and 137.005 (PROPOSED ORDINANCE) Remote Switching Stations To allow remote switching stations as a permitted use in the CN (Neighborhood Commercial), CR-24 (Resort Commercial "Twenty-Four"), CR-28 (Resort Commercial "Twenty-Eight"), CG (General Commercial), and CH (Highway Commercial) zoning districts and to define the term "Remote Switching Station." LDCA 89-08 Mr. Richter explained the background of the subject request and submitted, in writing, the staff recommendation. Mr. Richard Baker, GTE, advised remote switching stations are currently allowed in the Public/Semi-Public zoning district which is usually reserved for libraries, schools, churches, and similar facilities. He also advised that any time a remote switching station is needed a Zoning and Land Use Plan Amendment is necessary. Mr. Baker stated remote switching stations are unmanned facilities and the only time someone is needed on site is when service is necessary. After questioning by Board members, Mr. Baker advised as follows: The stations are air conditioned; there are standby batteries; and most stations are poured concrete with stucco. He also advised GTE strives hard to make the stations compatible with surrounding areas. Discussion followed regarding stations on the beach and it was felt part of the problem are Code requirements. Further discussion followed regarding parking requirements at remote switching stations. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of the above proposed ordinance regarding remote switching stations. Motion carried unanimously (6 to 0). E. DIRECTOR'S ITEM Mr. Polatty advised the Board that the draft of the Rules and Regulations was submitted with proposed changes to include reducing the quorum from five (5) to four (4) members, requiring only those members in attendance vote on an item, and following one procedure for both conditional uses and annexation/zoning/land use plan amendments rather than following two different procedures. Discussion followed regarding the specific order of presentation. Motion was made by Ms. Nixon, seconded by Mr. Green, to approve the recommended changes in Article VI. Motion carried unanimously (6 to 0). Meeting adjourned at 4:08 PM.