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02/04/1992 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, FEBRUARY 4, 1992 - 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Mazur, Bickerstaffe, Carassas, Hamilton (left 3:20 pm), Merriam, Savage (left 3:00 pm) and Schwob. Also present: Betty Deptula, Assistant City Manager James M. Polatty, Jr., Director Planning and Development Scott Shuford, Planning Manager Pat Fernandez, Recording Secretary Chairperson Mazur 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 required any party appealing a decision of this Board to have a record of the proceedings to support the appeal. ITEM A. APPROVAL OF MINUTES Approved (motion Mr. Schwob, second Mr. Hamilton) minutes of December 3, 1991 with revision as noted. Motion carried unanimously (7 to 0). Approved (motion Mr. Schwob, second Mr. Bickerstaffe) minutes of January 14, 1992 with corrections. Motion carried unanimously (7 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Continued from 1/14/92 ---- Proposed change in land use within shaded area shown on map and further to include subject property in the Downtown Clearwater Community Redevelopment Area (CRA). Proposes change in the land use classification for the subject property from Industrial, Commercial/Tourist Facilities, Residential/Office, Public/Semi-Public, High Density Residential, Medium Density Residential, Low Density Residential, and Recreation to Downtown Development District/Regional Activity Center. Mr. Shuford provided additional information regarding the CRA and submitted, in writing, the staff recommendation. Betty Deptula, Assistant City Manager, discussed the history of the CRA and the funding mechanism (Tax Increment Financing or TIF). Its revenues and capital improvements were covered from inception in 1983. Restrictions prohibit use for general government operations including a new city hall but pays for the Economic Development office. Pro: (1) Greg Jewell, President, North Fort Harrison Business District Association. Believes northern boundary should be expanded to Stephenson Creek. They feel left out and ask why the East End project is included when it is so far away from the business district. Con: (1) Arthur Deegan, 891 Island Way, stated that: (1) The purpose should have measurable indicators of success as part of objective of overall plan; (2) Before this plan is approved, the city should compile a 10 year evaluation report to the citizens listing original objectives; (3) Many businesses would become non-conforming. This represents a hardship and he believes no expansion should be done until the CRA proves its success; (4) There should be a specific plan; (5) The East End project properties were bought with city money and should not be included; (6) An additional new park like Station Square is not necessary; (7) Why is a conditional use required for transportation depot in bayfront (believes should be 'allowed use' too); and (8) Cannot understand the continuation of new high-rise office complexes when present complexes are struggling. (2) Victor Cicero, 1730 Rosary Road, Largo - Opposed as plan would adversely affect his N. Greenwood business and current plans to enlarge. (3) Carol Cicero, 1730 Rosary Road, Largo - Opposed: (1) Believes problems should be solved before land use change is approved; and (2) Boarded up buildings are an eyesore and she asked how long they would remain that way. Board Concerns: (1) Would this plan place a financial burden on the subsequent resale of a business within this area; (2) Would non-conforming uses be allowed to continue, expand or rebuild in the event of fire, etc.; (3) Consideration of the land use plan changes should not occur without considering all changes proposed in the Plan; (4) Improvements have been made downtown that might not have been made without the CRA and the county funds; (5) Several members were opposed to this transition plan expanding the boundaries to include 125 more acres until they see CRA successes in aiding business growth; and (8) The citizenry needs to be better informed to gain taxpayer support for this project. Motion by Mr. Hamilton with second by Mr. Carassas to approve endorsement to City Commission on change of land use within the shaded area shown on the map in the advertisement and to change the land use classification for the subject property from industrial, commercial/tourist facilities, residential/office, public/semi-public, high density residential, medium density residential, low density residential, and recreation to downtown development district/regional activity center. Upon roll call, the vote was: "Ayes": Hamilton, Carassas "Nays": Bickerstaffe, Schwob, Mazur, Merriam Motion to approve was denied (4 to 2). C. CONDITIONAL USES: 1. Lot 2, Clearwater Tower Sub (33 N Garden Ave, Suite 1200) MAS One Ltd Partnership (600 Club Corp/The Clearwater Club CU 92-09 Request - To permit on-premise consumption of beer, wine, and liquor Zoning - UC(C) Urban Center Core Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Mazur stated that he is a member of this club, receives no monetary benefit and does not consider voting on the matter to be a conflict of interest. Other members were asked to comment. Mr. Bickerstaffe who was a member of the prior Harborview Club agreed with Mr. Mazur's view. Applicant's representative, Elise Winters, 600 Cleveland Street, Suite 600 stated that this is a private social club for business and social matters. There are no set restrictions. No persons appeared in support of or in opposition to the above request. Approved (motion by Mr. Schwob, second by Mr. Merriam) subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months from the date of this public hearing; and 2) The sale of alcoholic beverages shall be restricted to consumption on premises with no package sales. Motion carried unanimously (5 to 0). 2. Lot 1, less road right-of-way on south, Gulf to Bay Gardens (2820 Gulf to Bay Blvd) Kien-Sun and Yu-Mei Chen (Chun Kin Ko/Formosa Chinese Rest) CU 92-10 Request - To permit on-premise consumption of beer and wine Zoning - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant's representative, Yei May Wa, 3319 Fox Hill Drive, 34621, stated when applicant purchased business she did not continue with the alcoholic license. The applicant will, if given written instructions, follow the dictates of the board. Mr. Lopez (manager on application who received an unsatisfactory police report) will not be working there. Applicant, Chun Kin Ko, 2909 Gulf to Bay, Apt. D, 34619, stated she is requesting a new license as will be an aid to her business. She did not pursue this previously due to the financial costs involved. No persons appeared in support of or in opposition to the above request. Approved (motion by Mr. Schwob and seconded by Mr. Bickerstaffe) subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months from the date of this public hearing; 2) The applicant shall provide perimeter landscaping materials to be installed in conformance with Section 136.023 of the Land Development Code within six (6) months from the date of this public hearing; 3) The parking lot shall be restriped and handicapped spaces shall be delineated in conformance with City code within six (6) months from the date of this public hearing; and 4) The applicant must indicate an awareness of Section 72.19C of the City Code regarding operation of alcoholic beverage establishments. Motion carried unanimously (5 to 0). 3. M&B 44.04 and 44.041, Sec 19-29-16 (18514 U.S. 19 N) Harold S. Wilson, Trustee (ExotiCar) CU 91-11 Request - To permit (1) outdoor retail sales, displays, and/or storage; and (2) wholesaling/distributing Zoning - CH (Highway Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant's representative, Harold Wilson, 2380B Drew Street, stated the applicant has a wholesale business of luxury automobiles. Applicant, James Ray, 18514A US 19 North, has been located here for almost three years. He can store and unload cars at a business he owns (Budget Rental) that is adjacent to this property. Pro: None Con: (1) Frank Kunnen, 22067 US 19 North - Represents four adjacent separately owned building in this executive-type office complex. The original five unit owners signed an agreement in which they agreed to treat all units, driveways, water, etc. as a common entity. Two-thirds of the owners (by amount of floor space) need to agree to a change in this agreement. There is no additional room for retail parking spaces and 76% of the complex owners are opposed to this application. (2) Edward Smith, 2557 Nursery Road - Opposed because office complex and sales of used cars is a bad mix. Applicant now parks autos throughout plaza and now trying to legitimize the sales and storage. Rebuttal - Transports have not been parked overnight and cars for sale were never parked anywhere except in front of their unit. Transport drivers are sometimes confused and enter the driveway at the office complex driveway rather than the driveway at Budget Rental. They feel the use is compatible with the surrounding area. Deny (motion by Mr. Bickerstaffe, second by Mr. Merriam) agenda item C-3. Motion carried (3 to 2). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. M&B 12.01, Sec 17-29-16 (41 acres m.o.l.), (southeast corner of Drew St and Hampton Rd) Brown Assoc., Ltd-II; Kennedy Assoc, Ltd, and Roberts Assoc, Ltd-II (Island in the Sun Mobile Home Park) A 91-14; LUP 91-15 Request - Annexation and Land Use Plan amendment, and establish Zoning district LAND USE PLAN: FROM: Unclassified TO: Medium Density Residential ZONING: RPD (Residential Planned Development) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant's representative, Timothy Johnson, Jr., 911 Chestnut Street - Stated this was before Board three years ago when property across Drew Street was annexed. At that time it was agreed this property would annex within three years. No persons appeared in support of or in opposition to the above request. Approved (motion by Mr. Bickerstaffe and second by Mr. Carassas) to: (1) Endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Medium Density Residential, and Zoning Atlas Amendment to RPD as they appears to be supported by the Standards for Approval of the Land Development Code, Sections 132.005, 137.015(e), and 137.016(e); and 2) Request staff research of the six (6) foot sidewalk easement and its ramifications for future right of way and utility improvements. Motion carried unanimously (5 to 0). E. CHAIRMAN'S ITEMS 1. Discussion on Rules of Procedure - Article IV, Section 1. Change to read: Regular meetings shall generally be held at 1:30 pm on the Tuesday immediate preceding a regularly scheduled meeting of the City Commission. This schedule for the year will be approved by the beginning of the year. Planned regular meetings may be canceled only by approval of the Board at a regular meeting no less than thirty (30) days in advance of the planned regular meeting. Article IV, Section 5: put a period after the word quorum and delete for conditional use applications. Article IV, Section 6, b: middle of paragraph -- ...In these instances, the Board member, prior to any Board discussion on the matter should declare the conflict and is to file a Memorandum... Article IV, Section 6, c: Other Matters to read: Concurrence by a majority of the members voting shall be required for approval. in a manner consistent with the rules and regulations provided in Article VI. Hearings, i. shall be required for approval. Article IV, Section 6, d: Text should be underlined. Article VI, Hearings, b: ...No persons shall speak more than one time on the same subject... Article VI, Hearings, i: The word "majority" is somewhat confusing. Mr. Mazur stated the Chairman should be able to conduct the meeting if he has a conflict but cannot participate in the discussion or give his opinion. This does not need to be added but will forward to the City Attorney and get a response prior to the next meeting. Mr. Shuford will bring to the attorney and bring back the next meeting for a vote. A restaurant called The Veranda across the street from Storms has changed both the name and ownership but who have not appeared before the Board. F. DIRECTOR'S ITEMS G. BOARD AND STAFF COMMENTS 1. Code enforcement complaints require an enormous amount of staff coordination to answer questions put forth from the various boards. To simplify this process forms will be brought to subsequent meetings which can be filled out and presented in the same manner as a citizen complaint. Board members then get better service in the form as a direct response from the person who is actually doing the work. 2. A previous inquiry about parking on the sidewalk at the Fort Harrison Hotel revealed the State Department of Transportation has given them permission to pull off the road onto the driveway to park while loading and unloading vehicles. The meeting was adjourned at 5:05 p.m. James M. Polatty, Jr., Director, Planning & Development