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12/14/1993 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, DECEMBER 14, 1993 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Messrs. Carassas, Bickerstaffe, Mazur, Merriam, Savage, Keyes, Ms. Martin Also present: Scott Shuford, Planning Manager Vickie Davenport, Recording Secretary ITEM A. APPROVAL OF MINUTES The minutes of the October 19, 1993 meeting were approved. Motion for approval was made by Mr. Mazur, and seconded by Mr. Merriam. Motion carried unanimously (7 to 0). The minutes of the November 2, 1993 meeting were approved. Motion for approval was made by Mr. Bickerstaffe, and seconded by Mr. Savage. Motion carried unanimously (7 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None. C. CONDITIONAL USES: 1. Pinellas Board of Public Institutions/Pinellas County Schools (Community Pride Child Care Center) at 1235 Holt Ave, Sec 10-29-15, M&B 13.01, CU 93-79 Request - to permit child day care (expansion) Zoned - P-SP (Public-Semi Public) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Martha Skelton, Executive Director of Community Pride Child Care, 1235 Holt Ave., was present. She stated they have been there for 30 years and would like to add on. They now service 80 children and would like to add on for infants and toddlers. She stated they would like to have an additional 40 children, ranging in age from two months to two years. Mr. Savage served on the Community Pride Executive Board in previous years and declared conflict and will not be participating in the discussion or the vote. Ms. Skelton stated she has no problem with the two conditions proposed by staff. There were no persons present to speak in favor or in opposition to this item. A motion was made by Mr. Mazur, and seconded by Mr. Merriam to approve this request subject to the following conditions: 1) The applicant shall obtain approval from the Development Code Adjustment Board for any required variances; and 2) Upon gaining approval of the required variances, the applicant shall obtain the requisite building permit within six months from the date of this public hearing. Motion carried 6 to 0, with one abstention (Mr. Savage). 2. Robert E. Malke (Efra Elke, Inc. dba/W. Amadeus Restaurant) at 348 Coronado Dr, Lloyd-White-Skinner Sub, Lots 118 & 119, CU 93-80 Request - to permit on-premise consumption of beer and wine (new license) Zoned - CR-28 (Resort Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford stated that there was a petition in support of this request, and a letter authorizing John M. Brunson as the representative. Applicant's representative, John Morgan Brunson, 1465 S. Ft. Harrison, Suite 201, was present. He stated the request is because of the new ownership. Mr. Brunson stated there have been no prior problems at this location and the same responsible operating policies would continue. He stated that they agree with the conditions as stated by staff and have no problem with them. There were no persons present to speak in favor or in opposition to the request. A 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 an occupational license within 30 days from the date of this public hearing; 2) There shall be no entertainment on the premises; 3) The closing time shall be no later than 11:00 PM seven days a week; and 4) There shall be no package alcoholic beverage sales. Motion carried unanimously (7 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: REQUEST FOR LAND USE PLAN AND ZONING ATLAS AMENDMENT 1. 1110 Pine Ave, Mary Land Sub, Blk B3, Lots 1-12 and vacated west ½ of Madison Ave. (RHA/Florida Properties, Inc) Z 93-51; LUP 93-37 LUP: From Residential/Office General to Residential High ZONE: From OL (Limited Office) to RM-28 (Multi-Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Mazur declared conflict of interest and will not be participating in the discussion or vote of this item. Applicant's architect, Dennis O'Keefe, 19321 US 19 N, was present. He stated they want to add 10 beds to the facility, which is the reason for the zoning change request. Mr. O'Keefe stated they are anxious to get started with this project. There were no persons present to speak in favor or in opposition to this request. A motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe, to recommend endorsement to the City Commission of the proposed Land Use Plan Amendment to Residential High, and Zoning Atlas Amendment to Multiple-Family Residential "Twenty-eight". Motion carried 6 to 0, with 1 abstention (Mr. Mazur). REQUEST FOR AMENDMENT TO THE ZONING ATLAS 2. 1706 Highland Ave, N., Grove Circle Sub, Lot 16. (Leo E. & Joyce A. Smith) Z 93-13 ZONE: From RS-8 (Single Family Residential) to RM-8 (Multi-Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. The applicant was not present. Mr. Shuford stated that the applicant may be absent for today's meeting, because of medical reasons and suggested the board continue this item to a future meeting. A motion was made by Mr. Mazur, and seconded by Mr. Savage to continue this item to the January 4, 1994 meeting. Motion carried unanimously (7 to 0). TO CONSIDER APPLICATION FOR THE FOLLOWING LAND DEVELOPMENT CODE TEXT AMENDMENTS 3. ORDINANCE NO. 5507-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 44.05, 44.51, 44.55, AND 44.57 OF CHAPTER 44, CODE OF ORDINANCES, TO REGULATE NEON AND OTHER FORMS OF EXPOSED SIGNS OR LIGHTING; PROVIDING AN EFFECTIVE DATE. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford stated that last week the Development Code Adjustment Board had this on their agenda and the majority of the board members were against the adoption of the ordinance, because they felt it limited the use of neon lighting. Discussion from the Board members ensued. Examples were discussed as to what would or would not be allowed under this ordinance. There were no persons present to speak in favor or in opposition of this item. A motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, to deny approval of this item. Motion carried unanimously (7 to 0). 4. ORDINANCE NO. 5508-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING VARIOUS SECTIONS WITHIN CHAPTER 45, CODE OF ORDINANCES, TO ESTABLISH MINOR VARIANCES, AND PROVIDE FOR MINOR VARIANCE APPROVAL BY THE DEVELOPMENT CODE ADMINISTRATOR; PROVIDING AN EFFECTIVE DATE. 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. After discussion with the Board, Mr. Shuford stated he will work on changes to language involving three topics: the re-wording on the first page under Section 45.02 regarding the development code administrator; on landscaping in regards to interior parking lot; and in regards to the fence setback issue. Mr. Shuford stated there would be a quarterly report sent to Development Code Adjustment Board and to City Commission regarding these variances, and the Planning and Zoning Board could also receive it. A motion was made by Mr. Merriam and seconded by Mr. Savage to recommend endorsement to City Commission, subject to the changes proposed by the Development Code Adjustment Board, including the reporting procedure, but adding changes to language in regards to: landscaping in interior parking lots, and fence setback. Motion carried unanimously (7 to 0). 5. ORDINANCE NO. 5511-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 40.261 THROUGH 40.264, CODE OF ORDINANCES, TO PROVIDE FOR A REVISED GENERAL DESCRIPTION AND SUBMITTAL REQUIREMENTS FOR PLANNED DEVELOPMENT DISTRICTS; ADDING SUBCATEGORIES OF RESIDENTIAL PLANNED DEVELOPMENT DISTRICTS; REVISING PERMITTED AND CONDITIONAL USE REQUIREMENTS FOR PLANNED DEVELOPMENT DISTRICTS; REPEALING SECTION 40.265, CODE OF ORDINANCES, RELATING TO CONDITIONAL USES; REPEALING SECTION 40.267, CODE OF ORDINANCES RELATING TO DIMENSIONAL AND NUMERICAL REQUIREMENTS FOR PLANNED DEVELOPMENT DISTRICTS; AMENDING SECTIONS 43.02, 43.22, AND 43.23, CODE OF ORDINANCES, TO DELETE REFERENCES TO PLANNED DEVELOPMENTS; PROVIDING AN EFFECTIVE DATE. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Mazur stated conflict of interest, and would not be participating in the discussion or vote. There were no persons present to speak in favor or in opposition to this item. Discussion between the board members and Mr. Shuford ensued regarding: setbacks, concept plan, suggestions from King Engineering, and buffering requirements. Also discussed was a proposal that site plans to be staff administered instead of by the Commission, except for ones in excess of 25 acres was discussed. A motion was made by Mr. Merriam, and seconded by Mr. Savage, to recommend endorsement to the City Commission subject to the Development Code Adjustment Board recommendations. Motion carried 6 to 0, with 1 abstention (Mr. Mazur). 6. ORDINANCE NO. 5512-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 42.34, CODE OF ORDINANCES, TO PROHIBIT PARKING, DISPLAYING, OR STORING OF MOTOR VEHICLES ON GRASS OR UNPAVED AREAS ZONED FOR MULTIPLE FAMILY OR NON RESIDENTIAL USE UNLESS SPECIFICALLY APPROVED AS A GRASS PARKING LOT; PROVIDING AN EFFECTIVE DATE. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Bickerstaffe had taken pictures and passed them around to the other board members. He was not concerned with people pulling in their drive-ways, but parking on the grass area, instead of using mulch areas or rocks in those areas. Photos of the area were distributed. On right-of-ways where enough room exists to install parking by the owner could be approved by the City. There were no persons present to speak in favor of this request. In opposition, Lois Cormier, 625 McLennan Street, stated the public hearing notices should not be in the Tampa Tribune, because the word is not getting out about these public hearing meetings. Mrs. Cormier stated she is very concerned with this ordinance and how it is going to impact older neighborhoods. A motion was made by Mr. Mazur, and seconded by Mr. Savage, to recommend endorsement to the City Commission as written. Motion carried unanimously (7 to 0). An item not on the agenda: 7. This is a clarification of an item at a previous November meeting. Harry Cline, representative for Heilman Beachcomber Restaurant, was present. Mr. Shuford stated there was a misunderstanding of what the plans were at the previous meeting. Mr. Shuford stated there would be no change in square footage, only a canopy over it instead of enclosing the area. Discussion on what they approved at that meeting. The misunderstanding was between the property owner and staff as to whether the expansion area was to be enclosed or not. Staff assumed it was an enclosed building, given the information in the conditional use permit, but the applicant recently submitted permit plans showing a covered area, but not completely enclosed. There were no conditions on the approval that dealt with outdoor seating. Board members were asked if they wanted to reconsider this item again as a new conditional use, or just clarify. The board members agreed they do not have a problem with just clarifying their position now instead of making the applicant come back again as a new conditional use item. A motion was made by Mr. Keyes, and seconded by Mr. Bickerstaffe, to clarify a previous approval allowing a canopy covered area. Motion carried 6 to 1, with Mr. Merriam voting nay. E. CHAIRMAN'S ITEMS Mr. Carassas reminded everyone that elections will be at the beginning of the next meeting in January. Also, the Rules & Regulations would be discussed. Mr. Carassas stated that it has been a very nice few months as Chairman. He wished everyone a Merry Christmas. F. DIRECTOR'S ITEMS Mr. Shuford wished everyone a nice holiday and looked forward to working with them in 1994. G. BOARD AND STAFF COMMENTS Mr. Keyes brought up the alcoholic beverage discussion from a previous meeting in regards to being too close to schools and churches. Mr. Shuford indicated that there would be an item on the next agenda relating to this subject. Meeting adjourned at 4:50 p.m. ___________________________________________________ Scott Shuford, Director of Central Permitting