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07/31/1990 MINUTES PLANNING & ZONING BOARD TUESDAY, JULY 31, 1990 Members Present: Chairman Johnson, Ms. Nixon, Messrs. Mazur, Schwob, Hamilton and Gans Members Excused: Mr. Ferrell Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Richard Follett, Senior Planner Robert M. Brumback, Asst. Dir. of Public Works, Utilities Chairperson 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. A. Motion was made by Ms. Nixon, and seconded by Mr. Schwob, to approve the minutes as corrected for July 17, 1990. Motion carried unanimously (6 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None C. CONDITIONAL USES: 1. Part of Lots 6, 7 and 8, Sec. 12-29-15, and Part of Lots 25 and 26, Sec. 1-29-15, Pinellas Groves Sub. (1605 N. Keene Rd.) City of Clearwater CU 90-54 Request - To permit outdoor retail sales, displays and/or storage of equipment and recycled material Zoned - IL (Limited Industrial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. In response to Ms. Nixon's concerns regarding the noise level of this operation and the need for additonal landscaping, Mr. Shuford stated: 1) there would be a required landscape strip along Keene Road; 2) the operation would sit quite a ways back from the roadway; 3) there is a 90' separation from the edge of the right of way to the buildings as well as to any of the parking and retention areas; and 4) the Code currently calls for 50% of this area to be landscaped with shrubs and the remainder with grass. Ms. Nixon suggested shrubery should be planted that would grow at least 25 ft. in height. No persons appeared in support of or in opposition to the above request. Craig Montgomery, 2481 Northeast Coachman Road, Apt. 407, Project Engineer from Camp, Dresser & McKee, Inc., hired by City to design the complex, stated Keene Road is scheduled by the County to be completed in that area in the 1998-2000 time frame, and will then be expanded from a 50 ft. r.o.w. to a 100 ft. r.o.w. He stated there would still be 30 ft. outside the r.o.w. to landscape. In answer to questions as to the type of operation, Mr. Montgomery stated maintenance will be done there on the solid waste containers which are brought to the site to be cleaned and refinished before being placed back into service. He stated the only outside maintenance work would be equipment cleaning. Robert Brumback, Asst. Director of Public Works, Utilties, stated the maintenance work primarily would be the cleaning, sandblasting and painting of containers, but there would be some work done on sheetmetal and steel with regard to dumpster repairs. He stated this 10 acre site was selected for the operation because of vehicle safety and in part because of the noise factor. Mr. Brumback stated they have been good neighbors at the 1180 Russell site and have not had a problem with complaints. He further stated this site has been well designed and should be aesthetically acceptable. Mr. Brumback stated the City would be willing to work with the Board in the future if there were any complaints regarding the landscaping. In response to questions regarding the wash water, Mr. Brumback explained the system has been designed to have the wash water run off the rack into a catch basin, filtered, and pumped into the sanitary sewer and treated in the treatment plant. The water does not go into any storm water runoffs. Mr. Brumback stated the operation will be as clean as possible, but that it is a garbage complex. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: (1) The requisite site plan shall be certified within 6 months; (2) The outdoor storage area(s) shall be clearly delineated and dimensioned on the requisite certified site plan; (3)No repairs shall occur between the hours of 6:00 pm and 7:00 am Mondays through Saturdays and all day on Sundays; and (4)Any proposed outdoor speakers and outdoor lighting shall be oriented away from the residential area to the west of the site. Motion carried unanimously (6-0). 2. Lots 3, 4, 14, 15, and 16 and Part of Lots 1 and 2, Blk. 1, Overbrook Subdivision (1374R E. Cleveland St.) Hitchcock-Mason Inc. (Convertible Top Shop) CU 90-55 Request - To permit automobile upholstery service Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Gans called attention to a curb sign and asked whether it was legal. Mr. Shuford stated if it was in the right of way it would not be legal, and that signage could be a condition of the conditional use permit. Philip Hitchcock, 409 W. Bay Drive, Largo, FL 34640, applicant, stated he is the President of Hitchcock and Mason, Inc., a small family corporation who have owned the property since 1955. He stated the building was built in 1962 to the Code requirements for a sign manufacturing shop and is a very safe building. He stated the parking area is paved with asphalt and shell on the side, but there were a few areas for parking which have a shall only surface. He further stated they will pave all the areas with asphalt as needed. He stated the Convertible Top Shop has been in business in Clearwater for 11 years; they have an occupational license; and they have contracts for upholstery work with the Fire Department and some of the dealerships in town. He addressed the question about the curb sign and stated it was a temporary sign and would be removed. Mr. Hitchcock stated they are requesting permission for the auto upholstery shop to operate on the property from 9:00 a.m. to 5:00 p.m. and added it is a very clean operation. No persons appeared in support of or in opposition to the above request. Mr. Schwob clarified the point that Mr. Hitchcock was not obtaining a variance, but rather a conditional use for the property as authorized by the Code and there is not a variance involved. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: (1) The requisite occupational license being obtained within six (6) months from the date of this public hearing; (2) The partially paved parking area on the east side of the site shall be fully paved and all parking areas shall be striped in accordance with City code; (3)The hours of operation shall be between 7:00 a.m. and 9:00 p.m.; and (4) All signs shall be in compliance with City codes. Motion carried unanimously (60). 3. M&Bs 32-01 and 32-02, Sec. 17-29-16, (20505 U.S. 19 N., Suite E-13) Trizec Properties, Inc. (Frank & Stein) CU 90-56 Request - 1 COP (To permit on premise consumption of beer) (NEW LICENSE) Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Charles Gregory Caldwell, 1938 McViddy Road, Salem, VA, representative of applicant, Michaelson's Enterprises, Inc. and Caldwell Enterprises, a fast food franchising company trading as Frank & Stein, stated he was present to assist Michaelson's Enterprises, Inc. in addressing any questions the Board may have with reference to the request for a 1COP class beer license for on premises consumption at their location at Clearwater Mall. He stated they operate and franchise fast food restaurants in shopping malls and airports specializing in the sale of gourmet hot dogs, sausages, draft beer, french fried side orders, soft drinks and dessert items. In response to questions by the Board, Mr. Caldwell stated: 1) The beer is served in a conservative fashion; 2) Employees receive two week's training at the start up of the restaurant on how to card individuals; 3) Calendar cue cards are on the registers to help identify the dates on the driver's licenses; 4) They demand to see an ID for each beer purchased when anyone under 25 years of age is purchasing for a group; 5) Their area of service is limited to the food court; 6) Beer may be purchased without food, but they are not a beer hall or a heavy percentage beer sales company as their beer sales comprise from 11% to 14% of total sales; and 7) The beer is relatively expensive, and it is provided to create an adult orientation for the hot dog business. In response to Mr. Johnson's specific concerns regarding the control of beer drinking outside their area, Mr. Caldwell stated they do police the area and do spend extra effort to stay on top of those concerns. No persons appeared in support of or in opposition to the above request. Mr. Gans recommended to staff that the Caldwell name be entered on the affidavit. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: (1) The City Commission approve a variance to the minimum distance separation requirement of 200 ft. to allow alcoholic beverage sales zero feet from a similarly licensed establishment; (2) The applicant obtain requisite building permit and certificate of use within six months of this public hearing date; (3) The applicant shall obtain an occupational license within six months of this public hearing; and (4) Package sales of beer is prohibited. Motion carried (5 to 1) with Mr. Johnson voting "nay", as he was concerned that alcoholic beverages could be taken out of the area of the food service section of the mall devoted to this use. D. Public Hearing to consider requests for amendments to the Clearwater Comprehensive Plan. Amendments proposed to different elements: 1. Land Use Plan Element - Amend Policy 1.5.2, Objective 2.3 and Policies 3.2.1, 3.3.1, 3.3.2, 3.3.3 and 3.3.4 2. Traffic Circulation Element - Amend Policies 5.5.1 and 5.5.2 3. Coastal Zone Management Element - Amend Policy 19.1.1 and Objective 19.3 4. Conservation Element - Amend Policies 22.2.2, 22.2.8, 22.2.9 and 22.8.7 5. Intergovernmental Coordination - Add new Policy 27.1.6 6. Capital Improvements Element - Modifications to the Capital Improvements Needs Summary, delete existing Policy 28.1.9, renumber Policy 28.1.10, amend Policies 28.3.7, 28.3.7.2, to amend the schedule of capital improvements and revised Map 20 to add three (3) additional roadway links Mr. Shuford presented the above amendments (attached) stating there had been some changes suggested by the City Commission during their worksession on July 30, 1990, as well as those changes discussed by the Board at the July 17, 1990 meeting. Mr. Shuford went over these changes in some detail, answering questions of the Board. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, approving the amendments to the Comprehensive Plan as presented in the written description dated 6/21/90 and as further amended by Mr. Shuford on 7/31/90. Motion carried unanimously (6-0). E. Chairman's Items. Mr. Johnson stated he had attended the FPZ Suncoast Chapter meeting on July 25 and heard Michael Scibelli present his thesis for a Master's Degree in Urban and Regional Planning for the State of Florida entitled, "The Cost of Comprehensive Planning in Tampa Bay". He stated the costs came back much less than originally thought. Mr. Johnson stated these are informative meetings and encouraged others to attend. Mr. Johnson also called Mr. Shuford's attention to Item No. 6 on the Issue/Response Schedule stating nothing would be found at the causeway except on Friday afternoon, Saturday and Sunday. This also applied to Item 7. F. Director's Items. None. G. Board & Staff Comments. Mr. Shuford directed the Board's attention to Item No. 4 of the Issue/Response Schedule regarding landscaping at The Bank on Gulf-to-Bay. Ms. Nixon gave some background information on this issue stating when Lokey came in for a Conditional Use they shared parking with The Bank (Florida Bank of Commerce). This was mainly commercial parking for The Bank as well as overflow parking for Lokey. Lokey had leased property to The Bank. Then Lokey added a building to the site, which was not approved by the Board, and put in a full scale auto operation with no landscaping at all. Mr. Shuford stated he would investigate this site and report back to the Board. Ms. Nixon stated she had been experiencing a problem when driving on Gulf-to-Bay with certain flood lights glaring in her eyes. She stated the specific locations as Lokey's, Rax, Checkers and Kentucky Fried Chicken, all on Gulf-to-Bay. Ms. Nixon stated the flood lights are not angled properly and they not only shine onto the business property but the light extends out into the street as well. She asked if the Board could require businesses when installing the lighting on their property to confine the light to the property? The members of the Board concurred with Ms. Nixon. Mr. Shuford agreed it was a hazard and stated he would follow up on this and report back to the Board. Mr. Shuford called the Board's attention to the receipt and referral packet containing the Land Development Code Amendments. A brief discussion followed. Mr. Shuford stated they would like to go over these with the Board in detail at the August 14 meeting. Mr. Shuford advised the Board that the City Police Department is enforcing the County ordinance on sprinkler violations, and any known violations should be reported to them. Ms. Nixon asked if the City has an ordinance prohibiting year around sprinkling from 9:00 a.m. to 5:00 p.m. Mr. Shuford stated he would add this to the Issue/Response Schedule and advise. Mr. Shuford stated the City Commission will be considering a resolution to increase fees. He stated the City has adopted a policy that requires all the City departments to reflect their total costs in terms of staff time, etc. in their fees. Mr. Polatty stated everything would increase except annexations, which they want to encourage. Mr. Shuford stated the new fee schedule would go into effect 90 days after the City Commission adopted the resolution, and it would be publicized. Mr. Shuford stated it was estimated revenues would almost double even though a 25% reduction in volume of cases had been figured in the estimate. Mr. Polatty stated that Phase 2 of the Land Development Code would address some of the issues and a more flexible Code should cut down on the number of requests having to come before the Board. He stated as it is now the Board reviews requests that should be put on a consent agenda. Mr. Shuford introduced Richard Follett as the recently hired Senior Planner for the Planning Department, stating Mr. Follett had come from the City of Dunedin, where he held the position of Planning Director. Mr. Polatty advised the Board that Mr. Follett was also a landscape architect registered in four states and had his own landscaping firm for 15 years prior to working with the City of Dunedin. The Board welcomed Mr. Follett and was pleased to have someone knowledgeable in landscaping. The meeting adjourned at 3:00 p.m.