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05/18/1993 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, MAY 18, 1993 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Hamilton, Messrs. Bickerstaffe, Carassas, Mazur, Merriam, Ms. Martin Members Excused: Mr. Savage Also present: Scott Shuford, Planning Manager Etim Udoh, Planner I Vickie Davenport, Recording Secretary ITEM A. APPROVAL OF MINUTES - May 4, 1993. Motion made by Mr. Carassas, and seconded by Mr. Merriam. Motion carried unanimously (6 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Continued from 5/4/93 Lots 15 and 16, and l/2 vacated alley, Blk 7, Pinecrest Sub, (700 N. Greenwood Ave), Charlie Harris/Khaled Hadabah (C & C Food Mart), CU 93-28 Request - to permit package sales of beer and wine (business ownership change) Zoned - CN (Neighborhood Commercial) Mr. Udoh gave the background of the case and presented, in writing, the staff recommendation. Applicant, Khaled Hadabah, 1699 Alkazar Way S., St. Petersburg stated since the last meeting he attended, he has talked to the Sanitation Department regarding the dumpster and they have started picking up the garbage three times a week. Mr. Hadabah also stated that the lot has already been restriped and signs for handicapped parking are in place. He stated that the gate and fencing has been put up as he was instructed at the last meeting. Pro: None Con: Vera Brinson, 1010 Eldridge St., stated that she is happy with the improvements that have been made and thinks that the wooden fence isn't necessary because of her hedges and chain link fence on her property. Approved (motion was made by Mr. Carassas, and seconded by Mr. Mazur) the request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the expiration date of its current occupational license; 2) The entire parking lot shall be re-striped and a space provided for handicap parking within 60 days from the date of this public hearing; 3) The site shall meet all Sanitation Division requirements within 30 days of the date of this public hearing; 4) Any inoperable vehicles shall be removed from the site within 24 hours; 5) Gates or other barriers shall be installed and maintained to preclude access to the rear of the property; and 6) The applicant shall initiate and maintain service to the existing dumpster at a minimum of three pickups per week; this dumpster shall be located according to the Sanitation Division standards and screened with fencing or landscaping within 45 days from the date of this public hearing. Motion carried unanimously (6 to 0). C. CONDITIONAL USES: 1. M&B 13.01, Sec 8-29-15, (126 Island Way/Island Estates Shopping Center), Helga Glaesel-Hollenback 1990 Trust, (The Gathering Too), CU 93-30 Request - to permit on-premise consumption of beer and wine (business ownership change) Zoned - CC (Commercial Center) Mr. Udoh gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Michael Boutzoukas, 1801 N. Belcher Rd., stated that they will be serving breakfast, lunch and dinner. Mr. Boutzoukas stated that there will be no major changes made. Hours of operation will be from 7 a.m. to 11 p.m. He stated that the owner would like to occupy and operate the business as a corporation known as Don Z Enterprises Inc, and will use this name when applying for the liquor license, if this will not be a problem. Mr. Shuford instructed Mr. Boutzoukas to come in to the office and amend the application to reflect this change. Pro: Landlord representative, Mr. Richard Pearse, 2655 McCormick Dr., stated that this application has full support of the landlord, who has owned this property for the last 10 years. Con: None Approved (motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe) this request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; and 2) The sale of alcoholic beverages shall be limited to consumption on premises with no package sales. Motion carried unanimously (6 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: Request for Annexation, Land Use Plan and Zoning Atlas Amendment: 1. Lots 10 and 11, Rolling Heights Sub (2365 and 2371 Dora Dr), Cheryl L and Patik M Barmore & Melonny L and John E Bruynell, A 93-07; LUP 93-09 LUP: From Unclassified to Low Density Residential ZONE: RS 6 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. The applicant was not present. Pro: None Con: None Recommends endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential, and Zoning Atlas Amendment to Single Family Residential " Six", as they appear to be supported by the Standards for Approval of Land Development Code Section 37.21, Article III of Chapter 40, and Section 36.066. Motion made by Ms. Martin, and seconded by Mr. Bickerstaffe. Motion carried unanimously (6 to 0). Request for Land Use Plan and Zoning Atlas Amendment: 2. Lots 1 & 2, Blk 22, Magnolia Park Sub, (801, 803, & 805 Turner St), Newport Oil Corp, Z 93-06 & LUP 93-11 LUP: Residential/Office to Commercial General ZONE: CN (Neighborhood Commercial Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, John Bruynell, President of Newport Oil Properties, was present. He stated that Newport Oil has owned the property at 805 Turner Street for about 7 years, and they have improved the property during this time. Mr. Bruynell stated that they have purchased the other lots when they became available. He stated that getting this change in the zoning would help get access from both streets so there isn't a problem getting people on and off the properties. The other property (803 Turner) is still residential rental property and they would like to turn that into an antique store. 801 Turner would be the Beauty Parlor/Barbership and the corporate business is in 805 Turner. Pro: John Bonner, 613 S. Myrtle Avenue, stated he feels that this request should be granted. He stated he has been there since 1974. Mr. Bonner stated that even where he's located people have had to look elsewhere to open their business because of the zoning. He stated that it was zoned commercial a long time ago and stated he thinks it should have been zoned Neighborhood Commercial before now because of the businesses in the area. Mr. Bruynell in rebuttal. Mr. Brynell stated that this isn't coming about just because they have a contract, but because this is the best use for these properties. Mr. Bruynell stated that the next two properties to the east are both multi-family rental units, so there is a buffer between commercial and residential. Con: None Recommended endorsement to the City Commission of the proposed Land Use Plan Amendment to Commercial General, and Zoning Atlas Amendment to Neighborhood Commercial (CN) as they appear to be supported by the Standards for Approval of the Land Development Code, Article III of Chapter 40, and Section 36.066. Motion was made by Mr. Bickerstaffe, and seconded by Ms. Martin. Motion carried 5 to 1, with Mr. Mazur voting "nay". Request for Amendment to the Zoning Atlas: 3. Lot 7 and part of Lot 8, Parcel A, Nicholson & Sloan's Addn; Lot 9 and part of Lot 8, Parcel B, Nicholson & Sloan's Addn; & Lots 29 and 30, Bidwell's Oak Wood Addn, (508-602 N Garden Ave), Mary J Bilgutay, Z 93-04 ZONE: Parcel A - From CG (Commercial General) to IL (Limited Industrial) Parcel B - From RM 8 (Multi-Family Residential) to IL (Limited Industrial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Mary Bilgutay, 880 Mandalay, was present. She stated that before they moved in they obtained the proper zone, which was light manufacturing, which was in March 1991. After about a year they purchased the adjoining two lots, so they would have room to expand. They applied for a building permit which would add a small addition to the rear of the building, at which time they learned a small portion of their lot was zoned residential, so they could not go ahead with the building permit at that time. Mrs. Bilgutay stated that then they decided to rezone all 3 lots, 512 and 600 being the other lots. She stated that they are very crowded at the present time and did not want to wait for the entire area to be rezoned. Pro: None Con: None Recommended endorsement to the City Commission of the proposed Zoning Atlas Amendment to Limited Industrial (IL) as it appears to be supported by the Standards for Approval of the Land Development Code, Article III of Chapter 40. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Carassas. Motion carried unanimously (6 to 0). 4. M&B 44.07, Sec 21-29-15, (1505 S Ft Harrison Ave), Stout Investments, Inc., Z 93-05 ZONE: From CR 24 (Resort Commercial) to CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, William Roy Courtney, 430 Bluff View Drive, Belleair Bluffs, FL., was present. Pro: None Con: None Recommended endorsement to the City Commission of the proposed Zoning Atlas Amendment to General Commercial (CG) as it appears to be supported by the Standards for Approval of the Land Development Code, Article III of Chapter 40. Motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe. Motion carried unanimously (6 to 0). Requests to Consider Applications for Land Development Code Text Amendments: 5. Ordinance No. 5382-93 an Ordinance of the City of Clearwater, Florida, relating to the Land Development Code; Readopting, Ratifying, and Confirming Subsection (1) of Section 44.31, Code of Ordinances, Relating to Sign Permits; Providing an Effective Date. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford stated he could have Mr. Galbraith speak to the board members regarding this item. A short break was taken so Mr. Shuford could see if Mr. Galbraith was available. The meeting continued with Mr. Galbraith explaining this Land Development Code amendment regarding sign permits to the board members. Pro: None Con: None Recommended endorsement to the City Commission of the proposed Code Amendment as written. Motion was made by Mr. Mazur, and seconded by Ms. Martin. Motion carried unanimously (6 to 0). 6. Ordinance No. 5399-93 an Ordinance of the City of Clearwater, Florida, Relating to the Land Development Code; Amending Section 42.24 Code of Ordinances, to Permit Elevated Air Conditioning and Like Mechnical Equipment and Associated Decking and Structural Components To Be Located in Side Setback Areas; Providing an Effective Date. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Discussion regarding the clear view area ensued among the board members and Mr. Shuford. Pro: None Con: None Recommended endorsement to the City Commission of the proposed Code Amendment with suggested revision prohibiting the side setback exemption if water views are affected. Motion was made by Mr. Carassas, and seconded by Mr. Mazur. Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS Mr. Hamilton wanted to know what the attire was for the summer months regarding the board members. Everyone agreed that "shirt and tie" was still appropriate and professional looking. Mr. Hamilton stated that they need to have a recommendation on items, so they know what staff is asking of them. Also Mr. Shuford stated that they would use their judgment as to the amount of information they provide on items. F. DIRECTOR'S ITEMS Mr. Shuford asked if they received the City Commission agenda item on alcoholic beverages. He stated that staff would be mailing the follow-up agenda item to them. Mr. Shuford stated that the board will get to look at the code amendment when it comes back from work session. Mr. Mazur asked if there could be a joint work session for the board members and City Commission. Mr. Shuford stated it was a good idea and he would propose the idea to City Commission. G. BOARD AND STAFF COMMENTS Adjournment: 3:55 p.m.