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03/01/1994 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, MARCH 1, 1994 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Carassas, Messrs. Bickerstaffe, Merriam, Savage, Keyes, Ms. Martin Members Excused: Mazur Also present: Scott Shuford, Planning Manager Vickie Davenport, Recording Secretary Chairman Carassas 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. ITEM A. APPROVAL OF MINUTES: None. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None. C. CONDITIONAL USES: 1. William & Hope Georgilas (Los Rancheros) to permit on-premise consumption of beer, wine and liquor (business ownership change) at 1825 Gulf-to-Bay Blvd., Sec. 13-29-15, M&B 32.04, zoned CG (General Commercial). CU 94-14 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 to this request. Motion was made by Mr. Keyes, and seconded by Mr. Savage, to continue this item, due to the applicant not being present, to the March 15, 1994 meeting. Motion carried unanimously (6 to 0). 2. Executive Corp of Clearwater, Inc. (Dogwater Cafe III, Inc) to permit on-premise consumption of beer, wine and liquor (new license) at 2506 Countryside Blvd, Sec 30-28-16, M&B 32.03 together with Sec 31-28-16, M&B 21.02, zoned RecPD (Recreational Planned Development). CU 94-15 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford also presented a letter of objection from Dr. & Mrs. Kessler. Applicant, Brian Johnson, 64 Crane Dr., Safety Harbor, was present. Discussion regarding the manager, his background, what type of food is being served and hours of operation. There will be an occasional band as the only entertainment, and no outdoor seating is being proposed. He stated he understands the conditions as stated by staff. The following person was present to speak in favor of this request. Cynthia Churchboard, General Manager of golf course for the past eight years, was present. She is in favor of this request, as she feels they have found the right person to run this type of business which is nice to have open for the golf course patrons. There were no persons present to speak in opposition of this request. Motion was made by Mr. Keyes, and seconded by Ms. Martin, to approve this request subject to the following conditions: 1) The applicant shall obtain the required occupational license within six months from the date of this public hearing; 2) There shall be no outdoor seating or outdoor sales of alcoholic beverages; and 3) There shall be no outdoor speakers. Motion carried unanimously (6 to 0). 3. Wal-Mart Stores, Inc to permit outdoor sales; garden center at 23106 US Hwy 19, Loehmann's Plaza Replat, Lot 1, zoned CPD (Commercial Planned Development). CU 94-16 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Richard Harris, of King Engineering, 5440 Beaumont Center Blvd., Suite 460, Tampa, was present. The 6' chain link fence was discussed and it was explained that there would be a green nylon mesh material with buffering on the west side. Mr. Harris also stated that the area would be used for potted plants and they do not see a problem with unloading that would cause a parking problem. There was confusion as to whether the conditional use is for outdoor storage or outdoor sales. Mr. Shuford stated that the staff report should read outdoor sales and storage. After discussion, Mr. Shuford suggested changing condition #2 and added a third condition regarding the fence on the west side with adequate screening, to read as follows: #2- There shall be no temporary or portable buildings, tents, or trailers or special event activities in this area; this condition shall not preclude the installation of a covering to shade plant materials. #3- The fence on the west side of the outdoor storage area shall be opaque and shall fully screen materials being stored. Discussion among board members regarding the 30 ft. driveway section for cars, with the space being regarded as too narrow and will cause a sharp turning area. The majority of the board members were not happy with the configuration of this area. Mr. Shuford suggested leaving the six parking spaces so that area could be used for loading, and post "no loading" signs along the driveway. There were no persons present to speak in favor or in opposition to this request. Discussion ensued regarding continuing this item to next meeting and give Wal-Mart temporary permits. Mr. Shuford stated that he could give Mr. Harris a temporary permit to have outdoor sales, while making sure the neighboring homes are notified about what these proposals are. There was a 10 minute break, so Mr. Harris could try to contact the president of the homeowners association at Coachman Ridge. Discussion and a postponement of the decision until after item D-1 (motion by Mr. Bickerstaffe, and seconded by Mr. Savage). Motion carried unanimously (6 to 0). Mr. Harris indicated that he had talked to Bob Losi, who was the past president of the homeowner's association and designated as the contact person, and explained to him the proposal and stated that he did not have a problem with it. Mr. Shuford stated that he would have to suggest the continuation still, but give Wal-Mart the temporary permit they need to go ahead with their plans and in the meantime, have time to contact the people living in that area. Motion was made by Mr. Keyes, and seconded by Ms. Martin, to continue this item until the March 15, 1994 meeting. Motion carried 4 to 2. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: Request for a Zoning Atlas amendment: 1. Julius N. Uhrich, 1201 - 1215 Drew Street, Padgett's Sub, Lot 1. Z 93-08 ZONE: From Residential/Office to PD (Planned Development) This item was continued due to site plans not be finalized. The following person was present to speak on this item: Mrs. Francis, 116 N. Jefferson Ave., was present. She stated she did not understand why she is present, that she received a letter telling her to be present. Mrs. Francis was concerned that this item had to do with alcohol being sold at this location. Mr. Shuford explained the request to her. Motion was made by Mr. Keyes, and seconded by Ms. Martin to continue this item to the March 15, 1994 meeting, so the site plans can be finalized. Motion carried unanimously (6 to 0). Request for a Land Development Code Text amendment: 2. Ordinance No. 5536-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 42.26, CODE OF ORDINANCES, TO ESTABLISH MAINTENANCE STANDARDS FOR FENCES AND WALLS; PROVIDING AN EFFECTIVE DATE. Discussion between Mr. Shuford and the board members ensued regarding this ordinance. Questions regarding the type of materials used for fences were discussed. 10(b) - the word "solidly" was questioned. Motion was made by Mr. Merriam, and seconded by Mr. Keyes, to recommend adoption to this ordinance to the City Commission. Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS Rules & Regulations was discussed briefly. Mr. Merriam proposed rewording the reconsideration area in the Rules and Regulations, which everyone seemed to like, to make it easier to understand. Mr. Shuford stated he will make changes and bring back those changes to them at the next meeting. F. DIRECTOR'S ITEMS Mr. Shuford congratulated Mr. Carassas, who was reappointed. Mr. Savage's term is over March 31, so his last meeting will be March 15th. Mr. Shuford stated that he will have to go before the City Commission one more time regarding the alcoholic beverage separation issue. G. BOARD AND STAFF COMMENTS Mr. Bickerstaffe wants to address the "material" aspect of the Ordinance above, so that the Community Response Team can do their job. Adjourn: 4:00 p.m.