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01/14/1992 MINUTES PLANNING & ZONING BOARD TUESDAY, JANUARY 14, 1992 Members Present: Chairman Schwob, Messrs. Bickerstaffe, Carassas, Hamilton, Mazur, Merriam, and Savage. Also Present: Scott Shuford, Planning Manager 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. Merriam, and seconded by Mr. Carassas, to approve the minutes of the meeting of December 17, 1991 with one correction. Motion carried unanimously (7 to 0). Corrected Minutes for the meeting of December 3, 1991 were to have been presented but were not available for review. Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to continue the minutes of the meeting of December 3, 1991 to the meeting of February 4, 1992. Motion carried unanimously (7 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Lots 1 and 2, O. Harrington's Sub, (500 N.Fort Harrison Avenue) Adriano Battaglini, (Andy's Auto Repair) CU 90-69 Request - Review of conditional use after 90 day trial period to permit: 1) non-commercial parking, and 2) vehicle services Zoning - CG (General Commercial) and RM 28 (multiple family residential) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Adriano Battaglini, applicant, 406 Venetian Drive, stated he thought the landscaping was already done. A missing tree was replaced last week. Mr. Shuford advised more trees were needed. No one appeared in support of this application. A letter of opposition was received from Lynne S. Palmer. In opposition, David Webb, 500 N. Osceola, stated he is Vice-President of the Harbor Bluffs Condominium Association. His feels conditions that were to have taken place during the initial 12 months trial period did not. All those things that he said could happen did indeed occur. A boat and a trailer were parked there for 2-3 months. Wheels and tires were stored against the building. Weeds were left uncut for lengthy periods. There is a vagrant living in an auto on the site and some concrete debris is still on the site. Sand from the lot blows around the neighborhood. In the past his association has submitted photos and a petition (77 signatures) stating that this request should not be granted as it would adversely affect the value of their property. His major concern is how long the applicant is allowed to perform the conditions the Board mandates. Mr. Shuford stated a trial period is for the Board to ascertain performance and that a specific period is given on several conditions. He questioned the six foot fence being cut down a lower level and was advised of concerns by his group that people could hide behind a tall fence. In rebuttal, Mr. Battaglini stated he is willing to do whatever is necessary, including paving the lot. In the Board discussion they stated the conditions were outlined and questioned how long it takes to comply. There is continual miscommunication. They do not want to put anyone out of business but feel very little is being accomplished. One member stated the lot surface is hard and sees no reason to pave but feels it is between staff and the applicant. Code Enforcement has clout and they would see he complied or be out of business. Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) The direction of glare of lights from both motor vehicles and illuminating fixtures on the site shall be oriented away from surrounding properties; 2) Perimeter and interior landscaping for Lot 2 shall be provided in conformance with City Code Sections 136.023(c) through (j), subject to approval of the City's Environmental Management Division; a new landscape plan shall be submitted showing required irrigation and the installation of three (3) trees located along the west and south sides of the site (2 trees along Osceola Avenue and 1 tree along Georgia Street) within 1 month of this public hearing, with such irrigation and landscaping to be installed within 2 months of this public hearing; 3) The applicant shall provide a five foot wide perimeter planting strip on Lot 1 along N. Ft. Harrison Ave. to include a hedge, two shade trees and low volume irrigation; such landscaping shall be installed in accordance with the National Nursery Standards (a shade tree shall be a minimum of 8 feet overall in height with 1.5 inches caliper measured 6 inches above grade and the shrubs shall be a minimum 24 inches high, 1.5 feet apart (3 feet at center); both standards to apply at time of planting) subject to the approval of the City's Environmental Management Division within 1 month of this public hearing; 4) All used tires, parts, and similar objects shall be stored in the building or other enclosed structure; 5) All service facilities shall be indoors; major repairs, including engine or transmission dismantling, painting, body, fender, and muffler work shall not be allowed; 6) Vehicle service work shall be restricted to 7:00 a.m. - 6:00 p.m. Monday through Saturday, with no service work done on Sundays; 7) All parts shall be stored indoors; 8) The street side of the fence shall be landscaped in accordance with Section 136.016(h), subject to the approval of the City's Environmental Management Division within 3 months of this public hearing; 9) There shall be no outdoor sales, display and/or storage of vehicles; For Sale signs on vehicles parked on the property shall be prohibited; and 10) The site design shall be approved by the Planning and Development Director within 3 months of the date of this public hearing and shall include the parking design meeting all City requirements; the parking area shall be paved or a variance to the parking lot surfacing requirements shall be obtained by the applicant from the Development Code Adjustment Board. If a variance to the parking lot surfacing requirement is to be obtained the application shall be submitted within 30 days. Motion carried (5 to 2) with Mr. Savage and Mr. Merriam voting "nay". 2. Lots 1 and 2, O. Harrington's Sub, (500 N. Ft. Harrison Avenue), Adriano Battaglini (Andy's Auto Repair) CU 91-82 Request - To permit outdoor retail sales, displays, and/or storage of used cars Zoned - CG (General Commercial) and RM 28 (Multiple family residential) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Adriano Battaglini, applicant, 406 Venetian Drive, stated he would like two or three cars in the front for display. He feels this is necessary for him to remain profitable and stay in business. No one appeared on behalf of the applicant. In opposition, David Webb, 500 N. Osceola, stated sale signs have been on cars on the lot in the past. Recently a car out front had a price on it and when Code Enforcement came they were advised that it was a customer's vehicle and the customer had a for sale sign in it. A letter of opposition has been received from Lynne S. Palmer. The Board has empathy for the applicant but feels his business is not on a suitable site. They recognize he owns the property but feel he made a poor choice in purchasing that location for his business. Another member stated that sales is a natural extension of repairs and that sales should be allowed for a limited number of vehicles. Motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to deny as the request does not appear to support the following Standards for Approval of Land Development Code Section 137.011(d): 1) The use complies with the land use plan; 2) The use complies with all other applicable provisions of this development code; 3) The use complies with the applicable conditional use standards for the proposed use contained in chapter 136, section 136.025; 4) The use shall be consistent with the community welfare and not detract from the public's convenience at the specific location; 5)The use shall not unduly decrease the value of neighboring property; and 6) The use shall be compatible with the surrounding area and not impose an excessive burden or have a substantial negative impact on surrounding or adjacent uses or on community facilities or services. Upon roll call, the vote was: "Ayes": Carassas, Mazur, Schwob, Hamilton, Savage, Merriam "Nays": Bickerstaffe Motion carried (6 to 1). C. CONDITIONAL USES: 1. M&B 13.07, Sec 8-29-15, (249 Windward Passage) Clearwater Municipal Marina, Slip I-32 (Clearwater Marine Science Center, Inc.) CU 92-01 Request - To permit marina boat lift Zoned - CG (General Commercial and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Richard Baden, applicant's representative, 2116 Egret Drive, stated he had nothing to add to staff's recommendation. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Mazur, and seconded by Mr. Carrasas, to approve the above request subject to the following condition: 1) The applicant shall obtain the requisite building permit within six (6) months of this public hearing. Motion carried unanimously (7 to 0). 2. M&B 34.01, Sec 15-29-15; M&B 21.01, 21.02 and 21.12, Sec 22-29-15 (1200 S. Missouri Ave., Store #200, Sunshine Mall) John S. Taylor III and Fusco Corp. (Leonard L. Farber/Fusco Management Co/Phar-Mor of Fl, Inc.) CU 92-02 Request - To permit package sales of beer and wine Zoned - CC (Commercial Center) and RM 28 (Multiple Family Residential Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Jeffrey Hamilton, applicant's representative, 1206 Manatee Avenue West, Bradenton, stated he has no problem with the conditions as set forth. This is a relocation from across the street and they will operate both a discount drug store and a separate package sales store. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to approve the above request 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 obtain variances to the separation requirements from school zones and for separation from similarly licensed establishments; and 3) There shall be no deliveries between the hours of 10:00 p.m. and 6:00 a.m. Motion carried unanimously (7 to 0). 3. Lot 1, Cypress Point Shopping Center (25801 U.S. Hwy 19 N) Oxford/Concord Investments No 1 (ShowBiz Pizza Time, Inc/Chuck E. Cheese's Pizza Rest) CU 92-03 Request - To permit on-premise consumption of beer and wine Zoned - CC (Commercial Center) and AL/I (Aquatic Lands/Interior) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Frank Stanonis, applicant's representative, 501 E. Kennedy Blvd., Tampa, stated this is a family-oriented center and noise should be no problem at this location. Ms. Alice Winter, applicant, 4441 W. Airport Freeway, Irving, TX, is the Vice President, Show Biz Pizza Time, Inc. in charge of Real Estate, and advised this will be a corporate site. The landlord will not be renewing the lease for a present occupant. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Carassas, to approve the above request subject to the following conditions: 1) Prior to the issuance of any building permits, a revised site plan shall be submitted to staff addressing the conditions of approval from the November 14, 1991 Development Review Committee meeting; and 2) An alcoholic beverage distance variance shall be obtained from the City Commission. Motion carried unanimously (7 to 0). 4. M&B 14.06, Sec 31-28-16 (25714 U.S. Hwy 19 N) Life Insurance Co. of Georgia (Avis Rent A Car) CU 92-04 Request - To permit outdoor retail sales, displays and/or storage Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Harry Cline, applicant's representative, 400 Cleveland Street, stated they want to operate a car rental business and store 12 cars in a designated area. Their only question is the staff's suggested requirement to improve landscaping along the perimeter of one side of the strip center. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Merriam, to approve the above request subject to the following conditions: 1) Prior to the use of the property for the automobile storage on site, a revised plan shall be submitted to staff designating the 12 spaces used by shading or cross-hatching. These 12 spaces must be located at the rear of the parking lot behind the shopping center; 2) The 12 parking spaces are to be used for storage ONLY. There shall be no cleaning or maintenance of the vehicles while they are stored in the parking lot; 3) All landscaping as shown on the certified site plan shall be installed prior to the use of the property for any storage; and 4) There shall be no signs or lettering on the vehicles advertising the rental of said vehicles. Motion carried unanimously (7 to 0). 5. Lot 2 and vacated Beach Dr on W and Lot 3, Miller's Replay (7 Rockaway St) Charles and Ypapanti Alexiou/Andy Alexiou (Rockaway Grill, Inc) CU 92-05 Request - To permit on-premise consumption of beer, wine and liquor Zoned - CR 28 (Resort Commercial) This request has been withdrawn at the request of the applicant. 6. M&B 13.01, Sec 8-29-15 (150 Island Way, Island Village Shopping Center) Helga Glaesel-Hollenback and Hans Bertram-Nothnagel, as Trustees (Rite Aid of Fl, Inc/Rite Aid Discount Pharmacy #2671) CU 92-06 Request - To permit package sales of beer and wine Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Ms. Enola Brown, applicant's representative, 201 E. Kennedy Blvd., Suite 800, Tampa, 33602, stated this is an existing pharmacy and they want to add package sales like they provide in other Rite Aid stores. Sales are expected to be 4-5% of their total sales. Mr. Bruce Knight, Rite Aid District Supervisor, 12143 100th Avenue N., Seminole, 34642, advised that Ms. Brown was hired by Rite Aid to represent them with this application. He stated employees undergo a training program to learn the rules and regulations of alcoholic beverage sales. No one appeared to speak on behalf of this request. In opposition, John Heckert, 654 Snug Island, is related by marriage to the owners of Island Estate Liquors. They learned of this request last Wednesday and so far have 177 Island Estates residents signatures opposed to this request. In answer to a question, the petition was on the counter at the liquor store and the Sertoma Club helped obtain signatures. He would like a copy of this petition provided to the City Commission for the variance hearing. He feels this will hurt their small business. The liquor store and Les Partners are the same operation. Michael's Pharmacy, there for ten years or so before Rite Aid, did not sell alcoholic beverages and he feels there is no need for further competition. In opposition, Rosemary A. Zaleski, 6740 Burlington Avenue North, St. Petersburg, 33710, stated she is President of the Island Estates Liquor Store/Les Partners Lounge. She feels residents are not deprived of anything and have plenty of access to purchase alcoholic beverages. She feels lower prices on beer will attract a lower class of clientele which they do not want. In rebuttal, Ms. Brown, stated she wanted to emphasize they are an existing drug store and feels it is compatible with existing uses. Alcoholic sales will be a small portion of their sales. Further she feels that a business has the right to decide on the items they chose to sell. In the Board discussion, it was agreed they have no grounds to deny applications based on competition. Recalling Pick Kwik they do not feel the Board could deny this request. Perhaps shopping center tenants in their leases could control future competitive businesses in the center. Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) The requisite occupation license shall be obtained within six (6) months from the date of this public hearing; and 2) The applicant shall obtain approval from the City Commission for the following minimum distance separation variances: (a) a variance of 245 ft. 7 ins. to permit alcoholic beverage sales 54 ft. 3 ins. from a church zone. (b) a variance of 200 ft. to permit alcoholic beverage sales zero ft. from another 2-APS package sales establishment (Publix #104, 2-APS). Motion carried (5 to 2) with Mr. Bickerstaffe and Mr. Merriam dissenting. 7. Lot 7 and part of Lot 6, Blk 20, Gould & Ewing's 2nd Add (615 Cleveland St) Douglas Brown and Tom Brown Jr. (Franchi Inc/Casa Firenze Ristorante) CU 92-07 Request - To permit on-premise consumption of beer and wine Zoned - UC(C) Urban Center; Core Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Ms. Giosi Tonarini, applicant, 980 Narcissus Avenue, Clearwater Beach, will operate a North Italian restaurant featuring dining with no entertainment. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Merriam, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months of the date of this public hearing; and 2) Approval shall be for on-premise consumption only with no package sales. Motion carried unanimously (7 to 0). 8. Lots 8, 9, and 10, Enghurst Add to Clwr (1209 N Ft Harrison Ave (Wieland Irle (Darneatha P. White/C&D Food Mart) CU 92-08 Request - To permit package sales of beer and wine Zoned - CN (Neighborhood Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Darneatha P. White, applicant, 1539 Misty Plateau Trail, stated their plans are to have the license for beer and wine in the convenience store as well as sell gasoline. Curtis L. White, 1539 Misty Plateau Trail, advised they have operated a store since April 1991 at Sunset Point and Douglas and have established a set of values. They sell a quality product at a good price from clean facility and provide excellent service. Their major income will come from gasoline, cigarettes and the sale of alcoholic beverages. Beer and wine combined are expected to be at least 25 to 30% of the sales. They plan to use the space all the way up to the ceiling for merchandising. Employees are trained on alcoholic rules and violation will mean termination for the second offense. No persons appeared in support of or in opposition to the above request. Mr. Shuford indicated that Lt. Williams of the Police department was to address this application but that he was not present. Staff has received nothing negative from the police concerning this application. The Board was impressed with the applicants and agreed they made an excellent presentation. They reviewed a fax of the 1985 minutes relating to the motion concerning this location which carried with a vote of 5 to 1. The negative voter stated he could not see any positive effect the operation would have on the community. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Savage, to approve the above request subject to the following conditions: 1) An occupational license shall be obtained within six (6) months of the date of this hearing; and 2) The hours of operation shall be from 6:30 a.m. until 10:00 p.m. on Sunday through Thursday and 6:30 a.m. until 12:00 midnight on Friday and Saturday. Motion carried (6 to 1) with Mr. Hamilton casting the negative vote. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. M&B 13.18, Sec 17-29-16, located at 205 Elizabeth Avenue (Rush W. Janey) A 91-13; Z 91-14 Request - Annexation and Land Use Plan amendment, and establish Zoning district LAND USE PLAN: FROM: Unclassified TO: Medium Density Residential ZONING: RM 12 (Multiple Family Residential Mr. Shuford gave the background of the case 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. Bickerstaffe, and seconded by Mr. Hamilton, recommending that the City Commission approve the proposed annexation, Land Use Plan Amendment to Medium Density Residential, and Zoning Atlas Amendment to RM-12 for Mr. Janey's property addressed as 205 Elizabeth Avenue. Motion carried unanimously (7 to 0). 2. 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 gave the background of the land use plan change and the extension of the CRA. The Plan is intended to be short term and flexible. Today the Board was asked to recommend approval to the City Commission of two items advertised. Mr. Mazur needs further feedback from the Commission on any changes to Drew Street for the Maas Brothers Task Force. Philosophically Mr. Schwob asked, if before they voted to expand, was the City Commission going to reevaluate whether the CRA is the way to go, or has it been effective. Victor Cicero, 1730 Rosary Road, Largo, stated his concern is that he runs a successful business, Clearwater Radiator, at Greenwood and Gould and that his operation would become a non-conforming use. They learned of this hearing when they stopped in the Planning and Development Office with plans to expand their business. He has been in his present business for 16 years, they have 3/4 acre and want to add 7500 sq. ft. on two adjoining lots they have purchased. In addition they have two other locations which are not in the affected area. They did not see any notification and learned of this when they brought new plans into the Planning Department. They feel they should have been notified. Mr. Shuford advised individuals will be notified with a letter at the time of the Zoning Atlas amendments. Mr. Cicero's business is in an area occupied predominantly by automotive repair shops. Mr. Shuford stated that the existing permitted uses perhaps helped to make downtown as unsuccessful as it is today. Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to continue Item D-2 to the meeting of February 4, 1992. Motion carried unanimously (7 to 0). E. CHAIRMAN'S ITEMS 1. Election of officers. Last year informally they agreed to select a chairman for a one year term to be succeeded by another member. They feel the Chairmanship is educational and want to avoid the stigma of a member feeling upset if he was not reelected. Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to name Mr. Mazur Chairman of the Planning and Zoning Board. Motion carried unanimously (7 to 0). Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to name Mr. Carassas as Vice-Chairman of the Planning and Zoning Board. Motion carried unanimously (7 to 0). With the election over, Mr. Mazur assumed the role of Chairman. 2. Discussion on Rules of Procedure. This is the annual review and update of the rules of procedure. Mr. Mazur feels these procedures could be broken down into sections such as rules, regulations and policies. Discussion was as follows: Should the informal agreement on chairmanship for one year be placed in the procedures. It was felt it did not need to be added. Paragraph Section 6c: Is not understandable. Page 4 : Difference between inconsistent and not consistent Page 2: Section 6a Voting does not mention roll call. Suggested wording: Voting shall be by voice vote. and shall be recorded by individual "aye" or "nay". A roll call vote can be called for by any member. Pg. 2, Sec. 6b Abstention: Mentions that person who abstains cannot vote but does not mention they cannot enter into discussion. Section 6c: Has no title and Mr. Merriam has some suggested rewording as it is ambiguous. It is almost verbatim from the city code. The substance will stay the same but he feels it could be clarified. He feels the section should be titled Approvals. Section 5: Quorum lists four for conditional use matters. It was felt it should be four for any action. Wording: Four members shall constitute a quorum. Section 4 Attendance: Does it mean excused absences as well? Hearings, Article 6: On a rehearing, after public hearing is closed and applicant is asked to come back. It should be spelled out that only the applicant would speak at a rehearing unless the Board asks a question of verification or clarification. If more `information is asked for then the possibility of rebuttal is necessary. Mr. Merriam has agreed to meet with Mr. Shuford on Wednesday, January 15, 1992. F. DIRECTOR'S ITEMS The Pick Kwik order was discussed as well as the condition of tieing in a condition with their competition. Mr. Hamilton inquired as to why Palm Pavilion was listed as an appellee. They were an interested outside participant who requested information and not a party to the action. G. BOARD AND STAFF COMMENTS The present fee structure for variances and conditional uses and the news coverage of same was mentioned. The Board inquired as to any research done on conditional use fees falling in line with other fees set. The fees appeared high in comparison to other communities. Collecting partial reimbursement or a percentage of expenses was alluded to as a possibility in setting fees. The meeting was adjourned at 6:45 p.m. James M. Polatty, Jr., Director, Planning & Development