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07/13/1993 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, JULY 13, 1993 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Hamilton, Messrs. Bickerstaffe, Carassas, Mazur (2:05), Merriam, Savage Members Excused: Ms. Martin Also present: Scott Shuford, Planning Manager Vickie Davenport, Recording Secretary ITEM A. APPROVAL OF MINUTES - The revised minutes of the June 15, 1993 meeting were approved. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Carassas. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: Continued from 06-01-93 and 06-15-93 1. Lots 1-3, and one half of vacated alley on S and Lots 4-6 and vacated alley between, Blk 4, Wallace's Addn, (509 Pine St), Dimmitt Car Leasing, Inc., (United Auto Painting & Body Center), CU 93-31 Request - to permit vehicle service; detailing and body work Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford stated that the applicant advised him that he had decided to withdraw the request. C. CONDITIONAL USES: 1. Part of Blk 2, Baskin's Replat Resub., (2779 Gulf to Bay Blvd), Herbert Wollowick, (Robert Spring/Sidetrax Video Lounge), CU 93-36 Request - to permit on-premise consumption and package sales of beer, wine and liquor (business ownership change) Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Robert Spring, applicant, 2779 Palm Dr., Tampa, stated he has a full time manager, Bruce Reilly, 1396 Palmetto St., Clearwater, who has been in the business for 20 years, owning businesses in Chicago and Ft. Lauderdale. No live music is proposed at this time. There was no one present to speak in favor or in opposition of this request. Motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe to approve 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; 2) The package sales of alcoholic beverages shall be limited to beer and wine only; 3) There shall be no customer accessible shelf space for package sales, and 4) There shall be no outdoor speakers. Motion carried unanimously (6 to 0). 2. Lots 1, 2, and 3, Gulf to Bay Gardens Sub., (2820 Gulf to Bay Blvd), Kien-Sun and Yu-Mei Chen, (Mei Yuen Leader/Hungry Panda Express), CU 93-37 Request - to permit on-premises consumption of beer and wine (new license) Zoned - CG (General Commercial) and RS-8 (Single-Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Matthew Tiernon, 505 Orange St., Ozona, was present. There was no one present to speak in favor of or in opposition of this request. Motion was made by Mr. Merriam, and seconded by Mr. Savage, to approve 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). 3. Lots 62 and 63, Enghurst Addition #2, (1208 N. Ft. Harrison Avenue), John & Demetra Lainas, (Rasheed Ghaleb/7 Trees Food Store), CU 93-38 Request - to permit alcoholic beverage sales and package sales (business ownership change) Zoned - CN (Neighborhood Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Motion was made by Mr. Mazur, and seconded by Mr. Carassas to continue this item to the August 3, 1993, in order to resolve the concerns raised by the Police Department. Motion carried unanimously (6 to 0). 4. Lot 13, Unit 1, Palm Terrace, (1433 S. Hibiscus Street), Virginia A. Williams, (Austin T. Hair Studio), CU 93-39 Request - Home occupation; one chair beauty parlor Zoned - RS-8 (Single-family residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, attorney Patrick Maguire, 308 N. Belcher, stated that operating hours would be from 9 to 4. Mr. Maguire read a letter which was signed by several of the neighbors, stating that they have no problem with this request. He stated that he didn't see any problem with increased traffic, as it will be by appointment only and the limited hours. Applicant, Virginia Williams, 1433 S. Hibiscus St., was present. In answering a question from the Board in regards to how many customers she anticipated each day, she stated from three to six, but that it depended on the day, some days would be more than others. There was no one present to speak in favor or in opposition of this request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur, to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this public hearing; 2) All standards for home occupations contained in Section 41.161(4) of the City Code shall be fully complied with by the applicant; 3) Operating hours will be from 9:00 a.m. to 6:00 p.m.; and 4) Virginia A. Williams is designated as sole operator. Motion carried unanimously (6 to 0). 5. Lots 5, 6, and 7 together with l/2 of vacated alley on west, E.A. Marshall Sub., (1504 N. Garden Avenue), Morris Prosser, TRE (Gail Peters/Super Food Supermarket), CU 93-40 Request - to permit package sales only of beer and wine (new license) Zoned - CN (Neighborhood Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Gail Peters, 1504 N. Garden Ave. was present. Applicant's representative, Mostafa Ahmad, stated he will be the full time manager. Mr. Ahmad stated they would run an operation close to the Pick Qwik stores. Discussion regarding hours of operation ensued. There was no one present to speak in favor or in opposition of this request. Motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this public hearing; and 2) Limitation of hours to sell alcoholic beverages are as follows: 8:00 a.m. to midnight, Monday through Saturday; and 1:00 p.m. to midnight on Sundays. Motion carried 5 to 1, with Mr. Carassas voting "nay". 6. M&B 22.04, Sec. 5-29-16, (24639 US 19 N), First Florida Bank, N.A./Barnett Bank of Tampa, (German Motor and Auto Care, Inc.), CU 93-41 Request - to permit vehicle service and outdoor retail sales, display and/or storage Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Gerhard Ruguiles, 2693 Third Ave. N., stated it is his desire to open this type shop. He is presently in Safety Harbor. Discussion ensued regarding the display area. Mr. Ruguiles stated this would be specifically for German made cars. Ernie Cline, applicant's general contractor, 2074 Sunset Pt Rd., stated that the present drive through area will be converted to a shop area with roll up doors. There was no one present to speak in favor of this request. The following person appeared to speak in opposition of this request: Bill Marger, 6168 4th Ave. N., St. Petersburg, Property Manager of Parkside Office Center, stated that the office park property abuts the east portion of this property being discussed. He expressed concerns about the value of his property, and the appearance after they are in operation. In rebuttal, Barry Vogel, 2753 SR 580, stated that traffic will be no heavier than when the bank was there. There will not be a change in the entrance-way. He stated that Mr. Ruguiles will be purchasing the building, not renting it. In rebuttal, Bill Marger, stated that they are trying to attract new businesses into the office park. He added there is no buffer between the two properties, which he also opposes. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur, to approve this request subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) Parking or display of vehicles shall be prohibited within any open space/yard areas, landscaped areas or street rights-of-way; 3) No repair shall occur between the hours of 6:00 p.m. and 7:00 a.m. Mondays through Saturdays and all day on Sundays; 4) All permitted services shall be indoors; 5) All signage shall be in compliance with the City Sign Code; 6) If lighting is provided to illuminate any off-street parking or other outdoor area, the lighting shall be arranged and installed to deflect, shade and focus lights away from adjacent properties; 7) The perimeter landscaping requirements of Section 42.27(3) of the City Code shall be met along the south property line; 8) The fence shall be subject to the fence restrictions of the Land Development Code and will require a separate permit; 9) There shall be no outdoor speakers; 10) There shall be no outdoor storage of vehicle parts or vehicles obviously in state of repair; and 11) No body work or painting allowed. Motion carried 4 to 2, with Mr. Hamilton and Mr. Carassas voting "nay". 7. Lots 1, 2, 3, 4, 5, and 14, Block 8, Clearwater Beach Revised, (10 Bay Esplanade), Howard and Jean B. Hamilton/Palm Pavilion of Clearwater, (Palm Pavilion, Inc), CU 93-43 Request - to permit on-premise consumption of beer and wine (expansion) Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur, to continue this item to the end of the meeting. Motion carried 5 to 0. Mr. Hamilton stated he had a conflict of interest, and will not participate in the discussion or vote on this item. Mr. Hamilton turned the chairing of the meeting for this item to Mr. Carassas. Applicant representative, Harry Cline, 400 Cleveland St., stated that they plan to expand 800 feet to accommodate outside seating and inside retail area. Mr. Cline stated that this is an "institution in the area" and want to carry out what they have been doing for years. He stated that they agree with the conditions recommended by staff. There are no persons present to speak in favor or in opposition for this item. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Savage, to approve this request subject to the following conditions: 1) The requisite building permit shall be obtained within 18 months from the date of this public hearing; 2) The sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 3) The applicant shall obtain all necessary variances from the Development Code Adjustment Board or City Commission; and 4) The hours of operation shall be from 8:00 am to midnight, seven days a week, unless further restricted by City Code requirements concerning the sale of alcoholic beverages. Motion carried 5 to 0, with one abstention. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: REQUESTS FOR ANNEXATION, LAND USE PLAN AMENDMENT, AND ZONING ATLAS AMENDMENTS: 1. Part of Lots 20 & 21, Bell-Cheer Sub., (2197 Bell-Cheer Drive), Word of Faith Church of God, A 93-10 & LUP 93-15 LUP - From Unclassified to Low Density Residential Zoned - RS-6 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no persons present to speak in favor or in opposition of this item. Recommended endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential, and Zoning Atlas Amendment to RS-6 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 was made by Mr. Carassas, and seconded by Mr. Bickerstaffe. Motion carried unanimously (6 to 0). 2. Lot N, Bay View Bluff, (3116 Wolfe Road), Evelyn & Roy F. Nosek, A 93-11 & LUP 93-16 LUP - From Unclassified to Low Density Residential Zoned - RS-8 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no persons present to speak in favor or in opposition of this item. 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 "Eight" 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 was made by Mr. Carassas, and seconded by Mr. Savage. Motion carried unanimously (6 to 0). 3. M&B 12.02, Part of Sec. 16-29-16, (3201 Drew Street), Robb & Mary Winn, A 93-12 & LUP 93-17 LUP - From Unclassified to Low Density Residential Zoned - RS-8 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no persons present to speak in favor or in opposition of this item. Recommended 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 "Eight" 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 was made by Mr. Bickerstaffe, and seconded by Mr. Savage. Motion carried unanimously (6 to 0). 4. Lots 27 & 28, Blk D, Temple Terrace First Addition, (2210 Drew Street), JES Properties, Inc., A 93-13 & LUP 93-18 LUP - From Unclassified to Commercial/Tourist Facilities Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Shea Gills, 400 Cleveland St., stated that the address is incorrect, that it should read 2220 Drew Street. Discussion of a more appropriate LUP & Zoning Classifications resulted in the applicant amending their request. Mr. Shuford stated that as a result of the discussion, staff is changing their recommendation to Limited Office Classification. There were no persons present to speak in favor or in opposition of this item. Recommended endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Residential/Office, and Zoning Atlas Amendment to Limited Office 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 was made by Mr. Carassas, and seconded by Mr. Savage. Motion carried unanimously (6 to 0). 5. Lot 1, Block G, Oak Lake Estates, (1001 Brookside Drive), Norma J. O'Brien (Kell), A 93-14 & LUP 93-20 LUP - From Unclassified to Low Density Residential Zoned - RS-8 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no persons present to speak in favor or in opposition of this item. Recommended 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 "Eight" 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 was made by Mr. Carassas, and seconded by Mr. Mazur. Motion carried unanimously (6 to 0). 6. Lot 1, Blk 6, Virginia Grove Terrace Third Addition, (2720 S.R. 590), Ana L. & Romeo E. Higueros, A 93-15 & LUP 93-21 LUP - From Unclassified to Low Density Residential Zoned - RS-8 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no persons present to speak in favor or in opposition of this item. Recommended 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 "Eight" (RS-8) 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 was made by Mr. Carassas, and seconded by Mr. Merriam. Motion carried unanimously (6 to 0). REQUESTS FOR LAND USE PLAN AND ZONING ATLAS AMENDMENT: 7. Lot 1, Padgett's Estate Sub, (1201-1215 Drew Street), James M. Uhrich, Z 93-08 & LUP 93-19 LUP - From Residential Office to Commercial/Tourist Facilities Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation to table this item. Applicant's representative, Julius Uhrich, 1643 Windsor Dr., stated he understood and agreed to this item being tabled. There was no one present to speak in favor or in opposition of this request. This item was tabled to a later meeting in order to permit the applicant to revise request to Commercial Planned Development and to address parking and site design concerns. Motion was made by Mr. Merriam, and seconded by Mr. Mazur. Motion carried unanimously (6 to 0). REQUEST FOR ZONING ATLAS AMENDMENT: 8. Lots 1-36, Sec 30-29-15, Parcels A, B, and C, The Estates of Sand Key, (Marden Enterprises, Inc/The Estates of Sand Key Homeowners Assoc), Z 93-09 Zoned - From RM28 (Multiple Family Residential) to RPD (Residential Planned Development) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford stated there was a fax sent by Mr. Shah regarding elevations and copies were distributed to the Board members. Applicant's representative, Carlton Ward, 1253 Park St., stated he had a new updated elevation sheet and distributed these. Mr. Ward stated that there will be 66 units built instead of 36, but that there could be up to 314 multifamily units built if someone so desired, but that the applicant does not intend to do that. Discussion regarding the docks ensued. Mr. Ward stated that he would get new site plans turned in regarding the dock area. James Warner, 1401 Gulf Blvd., representing the Sand Key Civic Association Board of Directors, stated that he is neither "for" nor "against" this request. He only wanted to impress on the Board that there needs to be more time given to notify residents in area, so they have time to respond to a public hearing. No persons were present to speak in favor of the request. The following persons were present to speak in opposition of the request: Hal Garner, 1621 Gulf Blvd., stated concerns including traffic, trucks coming in and out, and that this project will not be completed in three years and they will come back to the Board and ask for another three years. Charlotte Kerstein, 1621 Gulf Blvd., stated the following concerns: density in area and obstructing the view. Pat Stein, 1621 Gulf Blvd., presented a petition to the Board. She stated that it is a bad time to have this come up due to most everyone who lives here full time takes their vacations during the summer. Her concerns were: noise, pollution, traffic, and the docks that aren't on his site plan. In rebuttal, Mr. Ward, stated that they are building 66 units, not the allowed 314 units. Mr. Ward also stated that the submerged lands are owned by the applicant. Discussion regarding cradle lift issue and dock location ensued. Recommended endorsement to the City Commission of the proposed Zoning Atlas Amendment to Residential Planned Development as it appears to be supported by the Standards for Approval of Land Development Code Article III of Chapter 40. Motion was made by Mr. Savage, and seconded by Mr. Bickerstaffe. Motion carried 5 to 1, with Mr. Merriam voting "nay". LAND DEVELOPMENT CODE AMENDMENT: 9. ORD. 5411-93 of the City of Clearwater, Florida relating to the Land Development Code; amending section 42.21, Code of Ordinances, relating to nonconforming uses, to provide for the reconstruction or replacement of structures occupied by nonconforming single family residential uses that are damaged or destroyed in excess of fifty percent of the replacement cost; providing an effective date. (LDCA 93-03) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no persons present to speak in favor or in opposition of this item. Recommended the City Commission approve the request for the Land Development Code Amendment as stated. Motion was made by Mr. Savage, and seconded by Mr. Carassas. Motion carried unanimously (6 to 0). 10. ORD. 5413-93 of the City of Clearwater, Florida relating to allowable signage for existing commercial and industrial planned developments; providing for signage consistent with the provisions of Section 44.51(4) (i) of the City Code for existing commercial and industrial planned developments; specifically waiving codification; providing an effective date. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant representative, Denise McCabe, of Johnson, Blakely, Pope, Bokor, Ruppel & Burns, stated that the applicant is asking for a change for the Commerce "19" Center, to 150 sq. ft. for freestanding signage. Ms. McCabe stated that the tenants rely heavily on the freestanding signs at the entrance to identify the location of the site and the tenants. There were no persons present to speak in favor or in opposition of this item. Recommended the City Commission approve the request for the Land Development Code Amendment, with revised freestanding sign area for Clearwater "19" Commerce Park to 150 sq. ft. with no auxiliary signage. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Savage. Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS - None. F. DIRECTOR'S ITEMS Mr. Shuford stated regarding beauty parlors, that he will prepare a "declaratory ruling" and that these won't be brought before them in the future. Discussion ensued regarding residential plan developments. Mr. Shuford reminded the Board members about the 40 subdivisions that the Pinellas Planning Council (PPC) didn't want to place in a land use classification, so the City Commission has given us direction to classify them on the land use plan as suggested by the PPC, but establish new residential plan development zoning districts. Included will be the standard setback requirements that will match the previous zoning district. Mr. Shuford suggested to the Board members that they set a date for the joint worksession between the City Commission and the Planning and Zoning Board regarding alcoholic beverages. Dates discussed were August 17th or August 30th. It was decided to have a "working lunch" meeting. G. BOARD AND STAFF COMMENTS Separation variances were discussed briefly. Adjourned: 5:45 p.m.