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07/02/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, July 2, 1991 Members Present: Chairman Schwob, Messrs. Hamilton, Carassas, Ferrell, Mazur, Bickerstaffe (arrived at 1:33 p.m.) and Merriam Members Excused: Mr. Savage Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Sandra Glatthorn, Senior Planner Pat Fernandez, Recording Secretary Chairperson Schwob 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. Hamilton and seconded by Mr. Carassas, to approve the minutes of June 4, 1991 and June 18, 1991. Motion carried unanimously (4 to 0). Mr. Merriam abstained because he was not a Board member for those meetings. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. (Continued from 6/18/91) M&B 34.031, Sec. 23-29-15 (1515 S Highland Ave) North Lake/Belle Plaza Joint Venture, CU 91-49 Request - To permit vehicle service Zoned - CC (Commercial Center) and OL (Limited Office) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. James Baxter, applicant's representative, 918 Drew Street, stated the applicant would build a wing wall to absorb sound from going into the neighboring residential area. The applicant will extend the fence which exists on the east side of the shopping center. Mr. Baxter provided an aerial photo to show all proximities. Christopher Deinzer, American Tire Company representative, 5801 Ulmerton Rd., answered questions as to where bays would open as well as the type of work to be performed in them. No persons appeared in support of or in opposition to the above request. The Board expressed concerns of noise emanating from the business operation disrupting other tenants and it not being a suitable operation for this upscale center. It was noted that persons most affected have not appeared against this application. Motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to approve the above request subject to the following conditions: 1) The requisite building permits shall be procured within six (6) months from the date of this public hearing; 2) A buffer plan shall be submitted to the Planning and Development Department and the Environmental Division for review and approval prior to the issuance of any building permits. This buffer plan shall consist of a buffer wall as presented by the applicant, fencing and landscaping generally meeting the landscaping requirements for buffers set out in Sec. 136.023 of the Land Development Code; if necessary to accommodate the landscaping, the applicant shall obtain a buffer installation and maintenance easement from the adjoining property owner(s); 3) No repairs shall occur between the hours of 6:00 p.m. and 8:00 a.m. Mondays through Saturdays and all day on Sundays; 4) There shall be no outdoor speakers; 5) All permitted vehicle service shall be indoors; 6) All parts and materials shall be stored indoors; 7) Vehicle service activities shall be limited to: tire, brake, tune up, wheel alignment, minor engine repair (no removal of engines or transmissions), and oil and lubrication services; 8) No service bay shall open through the eastern wall of the structure; and 9) The applicant shall submit and receive approval of the requisite site plan before issuance of a building permit. Motion carried (5 to 1) with Mr. Bickerstaffe voting "nay". He feels the business is not appropriate for this center nor is the site suitable for the operation. C. CONDITIONAL USES: 1. M&B 21.01, Sec. 13-29-15 (1989 Drew St.) Daisy I. Edwards (Debbie's Mane Affair), CU 91-50 Request - To permit animal grooming and boarding. Zoned - CG - (General Commercial) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. Andrea Murphy, applicant, 409 N. Highland Avenue, stated they had been in business in Hillsborough County and needed only a County occupational license. Upon coming to Pinellas County they obtained a Pinellas County license and were not aware of the requirement for city occupational license. They have been in operation for eight (8) months. In support, David Murphy, 409 N. Highland Avenue, stated there is ample parking in the lot for all customers. In response to a question by the Board, Mr. Murphy stated they will not provide mobile grooming. No one appeared in opposition to the above request. Motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) All services shall be performed inside the applicant's establishment; 2) Facilities for disposal of animal waste shall be in accordance with plumbing and sanitation codes; 3) Applicant shall obtain an occupational license within thirty (30) days of this public hearing; and 4) All required permits shall be obtained within six (6) months of the date of this public hearing. Motion carried unanimously (6 to 0). 2. Part of Block 2, Baskin's Replat Resub, (2805 Gulf-to-Bay Boulevard), Herbert E. and Jane B. Wollowick (Mane's Best Friend), CU 91-51 Request - To permit animal grooming and boarding. Zoned - CG - (General Commercial) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. Terry Waid, applicant, 2905 Thornton Road, Clearwater, stated she wanted to open a grooming facility next to a small animal hospital, and that there are no plans currently to do mobile grooming. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Mazur, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1)The applicant shall obtain the occupational license within six (6) months from the date of this public hearing; 2) Animal grooming services shall be performed inside the applicant's establishment; and 3) All facilities for animal waste disposal shall be in accordance with the plumbing and sanitation codes. Motion carried unanimously (6 to 0). 3. Lot 7 and part of Lots 8 and 9, Blackburn's Sub. (24530 U.S. 19 N.), George D. and Denise L.Baker, Rally Stores, Inc. f/k/a Pace Petroleum Corporation, Daniel and Barbara M. Palomino, Ferrellgas, Inc. f/k/a The Buckeye Gas Product Co., L.P. and Whiteco Industries, Inc., (Mountasia Family Golf), CU 91-52 Request - To permit outdoor commercial recreation/entertainment by expansion of existing facility to include bumper boats, kiddie cars and a batting cage. Zoned - CH (Highway Commercial) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation that the case be continued. Mr. Mazur stated he has a conflict of interest and would not be participating in the discussion or vote on this item. Motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to continue the above request to July 16, 1991. Motion carried 5 to 0. 4. Part of Lots 7, 8, and 9, City Park Sub., (56 Causeway Boulevard), City of Clearwater (Keramista, Inc./Beach Diner), CU 91-53 Request - To permit on-premise consumption of beer and wine. Zoned - CB (Beach Commercial) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. Steve Chandler, applicant, 1441 Joel Lane, Clearwater, stated that in order to compete he wanted to expand with an outside deck, and that the existing sidewalk will remain. The Board had difficulty understanding where this addition will be and its elevation. They felt the drawings were not clear. Concerns were also expressed about music emanating from the deck and the impression this makes on persons/tourists as this business is at the entrance to Clearwater Beach. Because of this, some Board members felt serving alcohol on the deck would create a poor image. The Board felt there was not adequate information to make a decision and asked the applicant to bring in better drawings, or the architect, so they can have a better understanding of this item. Motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe, to continue the above request to July 16, 1991. Motion carried unanimously (6 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. (Continued from 6-18-91) To consider application for Land Development Code Text Amendment: An ordinance of the City of Clearwater, Florida relating to the Land Development Code; creating Section 136.031, Code of Ordinances, adopting standards and specifications for stormwater detention facilities, and providing for payment in lieu thereof; amending Section 137.010, Code of Ordinances, relating to site plans and stormwater detention requirements for development projects for which site plan approval is required; providing an effective date. Mr. William Baker, Director of Public Works & City Engineer, gave a five minute presentation on the above requested ordinance. He explained that if anyone is doing something to the existing condition on a parcel, the individual is responsible for providing stormwater detention. The State Department of Community Affairs advised Clearwater and other communities that their Comprehensive Plans must eliminate a quirk that exists and require redevelopers do what new developers must do. Mr. Bob Maran prepared several examples of how it was handled and how it would have been done under the new ordinance. The Board inquired if redoing a facade would come under this ordinance and were advised it would not. Since Clearwater will not have many new developments the Board was concerned with the limitation this ordinance would place on redevelopment. Mr. Baker stated with monies that would be received in lieu of stormwater detention in downtown redevelopment, he hoped there would eventually be a big pretty lake. It is assumed this also will affect surrounding communities. Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above Land Development Code Amendment. Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS Chairperson Schwob discussed the following. He read a letter from the City Clerk advising the Commission will present a Citation to Art Ferrell on July 18, 1991 in recognition of his service on the Planning & Zoning Board. He reviewed the use of formal names during Board proceedings as it presented a better picture to the public. Members concurred and wish to continue this practice. Chairperson Schwob advised he had received a call from the President of Pick Kwik who wanted to meet relative to matters pending before the Board. While this is not illegal, Chairperson Schwob declined as he felt uncomfortable when an applicant initiates a meeting. This will no doubt be viewed differently by each Board member. F. DIRECTOR'S ITEMS Mr. Shuford mentioned he would try to get the City Attorney to appear at a meeting and go over the Sunshine Law and procedures of interest to the Board. Mr. Shuford advised arrangements have been made with the Police Department to have photo identification cards made of the new members at 12:30 p.m. prior to the meeting on July 16, 1991. The State Alcohol Beverage personnel responded to the City request, by letter, advising they cannot inform persons making changes in their liquor license (i.e. change of ownership) of local government requirements. G. BOARD AND STAFF COMMENTS Mr. Merriam was welcomed to the Board. He uses his title of Doctor professionally but for Board purposes prefers to be called Mr. and advised he will be on vacation from August 14-26, 1991. Meeting adjourned at 3:32 p.m.