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09/18/1990 MINUTES PLANNING & ZONING BOARD TUESDAY, SEPTEMBER 18, 1990 Members Present: Chairman Johnson, Ms. Nixon, Messers. Mazur, Schwob, Ferrell, Hamilton and Gans Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager M. A. Galbraith, City Attorney 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. APPROVAL OF MINUTES Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to continue approval of the minutes of September 4, 1990 to the October 2, 1990 meeting. Motion carried unanimously (7 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. M&B 23-01, Sec. 8-29-15, 400 Mandalay Avenue, John S. Taylor, III and Jean T. Carter (Equitel/JP Hotels/Holiday Inn Surfside) CU 90-57 Request - To permit rental of motorized watercraft (four "waverunner" type watercraft) Zoned - CR-28 (Resort Commercial), OS/R (Open Space-Recreation) and AL/C (Aquatic Lands-Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation and advised that one letter of objection and one anonymous phone call in objection had been received. George Greer, 308 So. Garden Avenue, applicant's representative, stated the ordinance now in effect took over a year to draft and this ordinance addresses motorized watercraft and regulations for the operation of these watercraft. Mr. Greer stated his client proposes to use waverunners rather than jet skis which are easier to operate and felt they are much safer. This operation will have a million dollar liability insurance policy, there will be warnings issued if not being operated properly, and there will be a emergency/chase boat ready at all times. Mr. Greer noted that the operators of these rental watercraft will be adults with valid drivers licenses. The ordinance provides adequate regulations and contains a self policing portion stating the permit may be revoked by the City Manager, and in light of that asked that the 6 month trial period not be included as a condition of approval. In response to questions by the Board, Mr. Greer stated the watercraft will be the type that has emergency shut off feature if the operator falls off, the renters and intended operators of the watercraft will be licensed drivers, and their intention of restricting renters to be registered guests of the hotel is to provide this as an amenity to their guests. Discussion ensued regarding the differences in "waverunner" and "jet ski" type watercraft, and whether or not renters have to be guests of the hotel. William Held, City of Clearwater Harbormaster, explained the details of the new ordinance which addresses and fully regulates these types of watercraft (Ordinance 4960-90). Discussion ensued regarding enforcement of the ordinance. In response to questions by the Board, Mr. Held stated that the ordinance specifies that operators/renters of these watercraft must be licensed drivers, the emergency/chase boat will be motorized and these watercraft can be rented to anyone on the beach. City Attorney M. A. Galbraith, stated in response to questions by the Board stating the ordinance will be enforced. The Holiday House must comply with the ordinance also, and not just the Holiday Inn. Anne Garris, 38 Acacia St., in opposition, stated that the safeguards in the ordinance seem to be good, but felt that one point had been left out concerning buoys. The buoys only go to the edge of the commercial beach, when you come to Sunset Street there are no buoys. She stated her grandchildren like to go out to the sandbar and on 2 occasions this summer, waverunners have been operating down the sandbar which is very dangerous if the operators do not see the swimmers. If the operation of these watercraft could be restricted to not going beyond the buoys it would be safer for swimmers. Ms. Garris also noted that the noise of these watercraft is a problem and felt that maintaining a quiet beach is important and the hotels should consider offering their guests peace and quiet rather than the noise. In rebuttal, George Greer stated that Ms. Garris' comment that they be restricted to not going beyond the north buoy is appropriate and would expect the Harbormaster to make this part of the Waiver Application. He added they do not intend to go north of Mandalay Pier as they could not maintain a safety watch that far away. In regard to noise, Mr. Greer stated these watercraft must proceed through the channel at idle speed, which makes no noise. Mr. Greer added the Holiday Inn has been a good neighbor for 6 years and has a very good safety record. Mr. Greer felt this record will continue and asked that the Board to approve this request. Discussion ensued regard conditions of approval. Motion was made by Mr. Mazur, and seconded by Mr. Schwob, to approve the above request subject to the following conditions: 1) The applicant shall fully comply with the conditions of the previously issued conditional use permit except as modified below; 2) The applicant shall fully comply with the provisions of City Ordinance 4960-90; 3) The applicant shall not operate more than four motorized watercraft (plus the chase/emergency craft); 4) The operators of the watercraft be at least 16 years of age and but are not limited to guests of the Holiday Inn; 5) The watercraft shall be fueled and stored off the beach; 6) The watercraft shall be jet propelled "waverunner" type watercraft; and 7) The watercraft shall be operated between Pier 60 and Rockaway Pier only. Motion carried 5 to 2 (Mr. Johnson and Mr. Gans voting "nay"). C. CONDITIONAL USES: 1. M&B 34-031, Sec. 23-29-15, 1555 S. Highland Ave., Northlake/Belle Plaza Joint Venture, (Winn Dixie Tampa, Inc.), CU 90-60 Request - To permit package sales of beer and wine Zoned - CC (Commercial Center) and OL (Limited Office) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Don Bush, 1445 Court Street, representative of the applicant, stated that this is a standard Winn Dixie grocery store and that there is substantial length to the commercial center and there will be no customer traffic on the side or rear of the store. The only entrance to the rear is a service entrance. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1) The applicant must obtain approval by the City Commission for a 252 ft. variance to the 300 ft. separation distance required from a residential zone; 2) A suitable buffer including a 6 ft. fence and appropriate landscaping be provided along the rear property line; and 3) The applicant shall obtain an occupational license within six (6) months of this date. Motion carried unanimously (7 to 0). 2. M&B's 13-09 & 13-091, 2472 Gulf-to-Bay Blvd., Charlotte Murphy (Joseph & Lorrene Quinzi), CU 90-61 Requests - To permit (1) outdoor retail sales, displays and/or storage; and (2) vehicle service (washing & detailing only indoors) Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Discussion ensued regarding green space requirements. Douglas Zelman, 1406 Windmore Drive, Dunedin, applicant, stated he was before this Board 2 years ago and that time worked out a compromise to achieve landscape buffer between the residential part of Shelly St. which included moving the retention area to the north side of the building. He also agreed to the landscaping requirements at that time and was very concerned making sure residents on Shelley St. would not see service and repairs being done. Mr. Zelman added that the carport has been moved to the south side of building to get farther away from the Shelly St. residents. Mr. Zelman stated he would like to have approval for doing tune ups & minor repairs in the enclosed carport as well as car washing & detailing. He also asked that the Board consider changing landscape buffer requirement from 7 to 5 feet. Mr. Zelman stated he is will to provide a 3 ft. minimum planting height for shrubs rather than the 18 inches required. In response to questions by the Board, Mr. Zelman stated they will be saving the large trees that are on the property. Discussion ensued regarding the request for minor repair work. Mr. Shuford stated that the Board cannot consider approving minor repairs as part of this application as it was not advertised as such. Russell Hunt, 2482 Shelly St., in opposition of the above request stated that the residents occupying the houses adjacent to the subject property are renting and are not the homeowners. Mr. Hunt felt that if this request is approved it would add to the problems in the neighborhood, such as Western Auto patrons using Shelly Street to test drive their cars. Mr. Hunt stated he works hard to maintain his property and is concerned about the value of his property decreasing because of the changes that have occurred in the neighborhood and asked the Board to deny this request. In response to a question by the Board, Mr. Hunt stated his neighbors on both sides are renting the houses and the property owners are not concerned because they do not live there. In rebuttal, Mr. Zelman stated he respects Mr. Hunt's concerns, but feels they will only improve the property. He stated that in their location in Dunedin the neighbors came to thank them for landscaping and maintaining the lot, and received an award from the Chamber of Commerce for beautifying the neighborhood. Mr. Zelman added the property will be kept clean, landscaped and well maintained. In response to a question by Mr. Shuford, Mr. Zelman stated he would rather not be restricted to certain hours of operation, however typically the hours would be 9:00 a.m. to 9:00 p.m. and would probably close earlier on Fridays and Saturdays and not open until 12:00 noon on Sundays. Discussion ensued regarding the outdoor lighting, buffer, landscaping, and green space requirements. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1) A building permit shall be obtained within nine (9) months of the date of this hearing; 2) No temporary or portable buildings, tents, stands, trailers, vending carts, or like buildings shall be utilized in conjunction with the uses requested; 3) All vehicle servicing and parts storage shall be conducted indoors, used tires, parts and similar objects shall be stored in an enclosed structure; 4) The landscaped buffer along Old Coachman Road shall be increased to a width of five (5) feet; and landscaping along all public rights-of-way shall consist of a row of shrubs placed 36" apart (on center) having an initial minimum height of 18" and a minimum expected height at maturity of 36", along with one shade tree per each forty (40) linear feet of property frontage. (Driveways and sight distance areas shall not be subject to those requirements; however, the width of these areas shall be counted in the tree requirement calculations.) Species selected for this landscaping shall be approved by both the Director of Planning and Development and the Environmental Management Division Manager; 5) A three (3) foot wide buffer strip shall be provided between the proposed use and the office use to the west and the service station use to the south; 6) The requisite site plan shall be certitifed within six (6) months from the date of this public hearing; 7) No outdoor speakers shall be permitted; 8) All lighting shall be directed away from surrounding areas; and 9) Vehicle service shall be limited to washing and detailing only. Motion carried unanimously (7 to 0). 3. M&B 44-21, Sec. 21-29-15, 1575 S. Fort Harrison Ave., Peppermill Restaurants, Inc., CU 90-62 Request - To permit on premise consumption of beer, wine and liquor Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Discussion ensued regarding parking and landscaping requirements. Donna Lance Cline, 2071 Sunset Point Road, of Peter Brown Construction representing the applicant, stated the only problem seems to be the landscaping issue. She stated that in the southeast corner there is a concrete pad that will be removed and landscaped, and also the planter area along Fort Harrison will be beautified with landscaping. Ms. Cline also noted that they have 31 parking spaces provided which meets the Code requirements and asked that the Board approve this request. In response to questions by the Board, Ms. Cline stated they have no problems with the conditions recommended by staff. David Lowrey, 1404 Ambassador Drive, applicant, stated they are negotiating to purchase the property behind the restaurant and that the additional income from the liquor license will enable them to purchase the property. In response to questions by the Board, Mr. Lowrey stated meeting the 51% food sales will not be a problem. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) The applicant shall obtain approval of a rear setback variance by the Development Code Adjustment Board for the proposed patio; 2) The applicant shall satisfactorily meet the minimum parking requirements; 3) The applicant shall submit a site plan that reflects additional open space, additional landscaping, non-glaring site lighting and other site amenities which are acceptable to the Planning and Development Director and the Division of Environmental Management; and 4) The requisite alcoholic beverage license and any necessary building permits shall be obtained within six (6) months. Motion carried unanimously (7 to 0). 4. Lots 48-52, Lloyd White Skinner Sub., 201 S. Gulfview Blvd., Stanislaw & Kazimiera Budzinski, (Britt's Beachside Cafe), CU 90-63 Request - To permit on premise consumption of beer and wine Zoned - CR-28 (Resort Commercial) Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to continue the above request to the meeting of October 2, 1990. Motion carried unanimously (7 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Land Development Code Amendments Required by the Comprehensive Plan. a. Development Densities Seaward of the CCCL. These proposed amendments prohibit the assignment of density to properties seaward of the Coastal Construction Control Line in accordance with Comprehensive Plan policies. Mr. Shuford stated this item was continued from the September 4, 1990 meeting to allow staff to obtain information as well as have the City Attorney available to address this issue. Staff is attempting to get a clear definition of how many parcels or units are involved and do not as yet have this information. Mr. Shuford added that it was recommended to the City Commission at their workshop on September 17, 1990 to continue this item and recommend that this item be continued at this time. Mr. Hamilton declined to participate in discussion of this item due to conflict of interest. Mr. Galbraith stated this item has been advertised for first and second reading at public hearing. He felt that the City Commission will not take final action but defer this item and bring to back at a later date. Mr. Galbraith discussed at lenth the details of this proposed ordinance. Mr. Schwob felt that there were questions raised that should be answered before this Board votes to make a recommendation to the City Commission on this item. Mr. Galbraith stated it is his recommendation to table the ordinance and revisit the plan language in regard to assigning development rights seaward of the CCCL and revisit the whole idea and rather than diminish those rights to zero, consider reducing them by a reasonable percentage. Motion was made by Mr. Schwob, and seconded by Mazur, to table the above item. Motion carried unanimously (6 to 0). E. Chairman's Items F. Director's Items G. Board & Staff Comments Ms. Nixon stated there was an article in the newspaper regarding the Raddison Hotel which stated that the City had approved 50 permanent liveaboards, which this Board did not approve. Discussion ensued with Mr. Galbraith advising that the City Commission had opted not to take a position. Ms. Nixon felt that this should be reconsidered and the whole issue reviewed again. Mr. Shuford explained several changes in the Land Development Code Amendments. Meeting adjourned at 5:15 p.m. James M. Polatty, Jr., AICP Director of Planning & Development