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04/05/1994 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, APRIL 5, 1994 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Carassas, Messrs. Bickerstaffe, Keyes, Mazur (2:10), Merriam, Ms. Martin, Ms. Nixon Also present: Scott Shuford, Central Permitting Director Vickie Davenport, Recording Secretary Chairperson 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 Minutes of the March 15, 1994 meeting were approved. Motion was made by Mr. Keyes, and seconded by Mr. Bickerstaffe. Motion carried 5 to 0, one abstention (Nixon). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None. It was decided that Item C #2 will be postponed to the end of the C items, as Mr. Carassas needs to leave to go to another meeting, and would give him an opportunity to hear and vote on the other items. C. CONDITIONAL USES: 1. Trial Period Review - Lots 62 & 63 , (1208 Ft. Harrison Ave., N.), John K. & Demetra Lainas (Rasheed Ghaleb/7 Trees Food Store), CU 93-38 Request - to permit package sales only of beer and wine (business ownership change) Zoned CN (Neighborhood Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Rasheed Ghaleb, 501 116th, St. Petersburg, was present. Landscaping concerns were discussed. He stated that the owners have not taken care of the landscaping requirement, and he is willing to do so himself, but would like another couple months to accomplish this. Discussion between board members as to the amount of time allowed for him to accomplish the landscaping requirements. 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. Bickerstaffe, to continue this item to the April 19th meeting, in order to give the applicant time to address the landscaping concerns. Motion carried 6 to 0 (Mazur abstained). This item (CU 94-24) was postponed to the end of the C items. 2. Blk 4, Lots 1, 2, 3 20 & 21, Overbrook, (1383-1385 Gulf-to-Bay), Chris & Vivian Carassas (Clearwater Market, Inc.), CU 94-24 Request - to permit package sales only of beer and wine (new license) Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, John Simms, Esq., 600 Cleveland St, Suite 760, was present. The applicant has no problems with the recommendations by staff. There were no persons present to speak in favor or in opposition to this request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, for approval subject to the following conditions: (1) The applicant shall obtain an occupational license within six months from the date of this public hearing; and (2) The hours of alcoholic sales shall be from Monday through Saturday 8:00 a.m. to 12:00 Midnight; and Sundays from 1:00 p.m. to 12:00 Midnight; and no deliveries to the establishment may be permitted after 10:00 p.m. or before 6:00 a.m. daily. Motion carried unanimously (6 to 0). 3. Sec. 20-29-16, M&B 33.01, (18627 US Hwy. 19., N.), Thomas Terry, Jr. (E.M.E. Enterprises, Inc.), CU 9425 Request - to permit on-premise consumption and package sales of beer, wine and liquor (new license) Zoned - CH Highway Commercial Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford is recommending continuation of this item, to allow the ownership problem to be resolved in court. Chairman Carassas explained that because of the large turnout, everyone that came to speak regarding this item would be heard today instead of making them come back to another meeting. Applicant's representative, Karen Nordquist, 303 Congress St., was present. She represents EME Enterprises and would like the request continued because of the ownership problem. Ms. Nordquist stated it was sold to Half Time Sports Bar on December 20, 1993. They (EME Enterprises) operated it prior to that, for 8 years. Ms. Nordquist and her mother (Mary Arneson) stated that they did not know about the 200 calls to police while they were operating the business, until recently. There were no persons present to speak in favor of this request. The following people were present to speak in opposition of this request: Lt. Jeff Kronschnabl, Director of Community Response Team. He stated that he has discussed violations (health, noise, narcotics, fire and others) with Mr. Arneson and Mr. Bayliss. He does not want them to get this conditional use until these violations are resolved. Peter L. Peterson, Bay Aristocrat Village, 18675 U.S. 19 N., Unit 303, was present. He is the President of the Homeowner's Association. His concerns: being constantly harrassed by drunks, the constant noise from drums, throwing bottles and cans in driveways. He stated that soundproofing should be made to the building. He would like the board to deny their conditional use. Gloria Valenti, Unit 255, Bay Aristocrat Village, was present. She stated she has a petition with over 300 names on it and all they are asking is for a solution. Al Malard, Unit 506, was present. He is the past president of the homeowners association. His concerns: the police reports, the constant noise for the past four years, having no windows opened, can't sleep. Mr. Malard stated they have had no problem with the other alcoholic businesses in the area. He objects to this conditional use. Rebuttal: Mary Arneson, 211 Mary Dr., Oldsmar 34677, was present. She stated that they would have their rebuttal on May 3rd. The court case is scheduled for April 22nd and they cannot take care of the violations until after that. Board member asked questions of a resident of Bay Aristocrat regarding when the establishment was called Scarlett O'Hara's. Al Malard answered the questions, stating he remembers no problems over 8 years ago. Discussion among board members whether to deny this request or to continue it. It was noted from a few of the board members that they wanted this request denied today and for it to come back to them at another time after the court case had been settled. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, to continue this item to the May 3rd meeting. Motion carried unanimously (7 to 0). 4. Lots 33 & 46 and vacated alley, Court Square, (401 Ft. Harrison Ave. South), Besim & Fesije Balla (Harrison's Chill & Grill), CU 94-26 Request - to permit on-premise consumption of beer, wine & liquor (new license) Zoned - UC(C) (Urban Center Core) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Chris Fragale, 1671 Sand Hollow, was present. He is going to be the on-site manager. Discussion ensued regarding the portion of the right-of-way to be vacated in order to provide the seating outdoors, and the new sidewalk that will be installed. There will be 20 seats on the deck area. The Public Works Department has requested denial of the vacation request, which will be heard by the City Commission. Mr. Fragale stated that they want the use of the strip, and may not need the vacation. 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. Bickerstaffe, to approve this request subject to the following conditions, but not to vacate the right-of-way: (1) The applicant obtain the requisite building permit within three months from the date of this public hearing; (2) The application obtain an occupational license within six months from the date of this public hearing; and (3) Use of outdoor speakers or any other outdoor entertainment shall be prohibited after 12:00 Midnight. Motion carried unanimously (7 to 0). Mr. Carassas had to leave the meeting and Ms. Martin finished chairing the meeting. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: Requests for Annexation, and Land Use amendment 1. Sec. 1-29-15, M&B 34.32, (1770 Hercules Avenue), Instrument Transformers, A 94-01; LUP 94-01 LUP: Parcel "A" Industrial General/Parcel "B" Industrial Limited ZONE: IL (Limited Industrial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Bill Johnson, President of Instrument Transformers, was present. There were no persons present to speak in favor or in opposition to this request. Recommend endorsement to the City Commission (motion was made by Ms. Nixon, and seconded by Mr. Bickerstaffe) of the proposed Annexation, Land Use Plan Amendment to Industrial General for Parcel "A" and Industrial Limited for Parcel "B", and Zoning Atlas Amendment to Limited Industrial (IL). Motion carried unanimously (6 to 0). 2. Lot 58, Skyline Groves, (1920 Skyline Dr., E.), Ben & Katherine Sather, A 94-02; LUP 94-02 LUP: Residential Low ZONE: RS-8 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Recommend endorsement to the City Commission (motion made by Mr. Keyes, and seconded by Mr. Mazur), for the proposed Annexation, Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single Family Residential "Eight". Motion carried unanimously (6 to 0). There were no persons present to speak in favor or in opposition to this request. 3. Lot 68, Rolling Heights, (2370 Dora Drive), Thomas E. Vernon, Jr. & Helen J. Vernon, A 94-03; LUP 94-03 LUP: Residential Low ZONE: RPD-D (Residential Planned Development "D") 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. Recommend endorsement to the City Commission (motion made by Mr. Bickerstaffe, and seconded by Mr. Mazur), of the proposed Annexation, Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Residential Planned Development "D". Motion carried unanimously (6 to 0). 4. Lot 4, Johns Parkway Sub, (3123 John's Parkway), James M. Enright, A 94-04; LUP 94-04 LUP: Residential Urban ZONE: 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 to this request. Recommend endorsement to the City Commission (motion was made by Mr. Keyes, and seconded by Ms. Nixon), of the proposed Annexation, Land Use Plan Amendment to Residential Urban, and Zoning Atlas Amendment to Single Family Residential. Motion carried unanimously (6 to 0). 5. Lot 21, Rolling Heights, (601 Dora Drive), Frank J. & Minerva Antoniello, A 94-05; LUP 94-05 LUP: Residential Low ZONE: RPD-D (Residential Planned Development "D") Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no persons present to speak in favor in opposition to this request. Recommend endorsement to the City Commission (motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe), of the proposed Annexation, Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Residential Planned Development "D". Motion carried unanimously (6 to 0). 6. Sec. A Unit 1, Blk 44, Lots 1-6, part of Lots 7 & 20 and Lots 21-26, Chautauqua, (2671 Third Avenue, N.), Charles C. & Mary A Carter, A 94-06; LUP 94-06 LUP: Residential Suburban ZONE: RS-2 (Single Family Residential Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. No persons were present to speak in favor or in opposition to this request. Recommend endorsement to the City Commission (motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam), of the proposed Annexation, Land Use Plan Amendment to Residential Suburban, and Zoning Atlas Amendment to Single Family Residential "Two". Motion carried unanimously (6 to 0). Request for Land Use Plan and Zoning Atlas 7. Blk 3, Lots 01 & 2 and south 1/2 of right-of-way to the north, McMullen's Bayview, (509 Bayview Avenue & 508 Meadow Lark Lane), R. Roy Meador, TRE, Z 93-54; LUP 93-43 LUP: From Residential Urban to Commercial General ZONE: From RS-6 (Single Family Residential) to CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford stated there was a letter received from Harry Cline requesting a continuance of this item to the May 3, 1994 meeting. There were no persons present to speak in favor of this request. The following people were present to speak in opposition of this request: Bret Parker, 716 Bayview Ave., was present. He has lived there for the past 15 years. Mr. Parker is worried about setting precedent and that Mr. Meador will come back requesting it again at the house (his mother's) that was turned down in the past. Patty McCune, was present. She stated she wants the area kept residential. Jack Alford, 606 Bayview Avenue, was present. His concerns: too much traffic, traffic accidents, lots of trees were lost, and this is the last area in Clearwater that has hundred year old trees. Fred Smitchen, 520 Bayview Avenue, was present. He wants area to stay residential. Residents don't want more traffic, and more noise. He is also concerned for the oak trees. Motion was made by Mr. Keyes, and seconded by Mr. Merriam, to continue to the May 3rd meeting. Motion carried unanimously (6 to 0). Mr. Mazur left for another meeting. Request for Zoning Atlas Amendment 8. Part of Lot 2, Baskins Replat Resub, (2855 Gulf-to-Bay Boulevard), Morton Plant Life Services, Z 94-02 ZONE: From RM 12 (Multi-Family Residential) to RM 16 (Multi-Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Emil Marquardt, Jr., was present. The property is owned by Morton Plant Life Services, which is known as Bayview Gardens. Mr. Marquardt stated that they have to go through the site plan, and conditional use permit approval and it will be a two story building. Recommend endorsement to the City Commission (motion made by Mr. Bickerstaffe, and seconded by Mr. Keyes), of the proposed Zoning Atlas Amendment to Multiple Family Residential "Sixteen". Motion carried unanimously (5 to 0). Consider applications for the following Land Development Code Text amendments 9. ORDINANCE NO. 5562-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35.11, CODE OF ORDINANCES TO CREATE A DEFINITION FOR UTILITY FACILITIES; AMENDING VARIOUS SECTIONS WITHIN CHAPTER 40 CODE OF ORDINANCES, TO PROVIDE FOR UTILITY FACILITIES AS PERMITTED USES IN THE LIMITED INDUSTRIAL AND PUBLIC/SEMI-PUBLIC DISTRICTS AND AS A CONDITIONAL USE IN ALL OTHER ZONING DISTRICTS; AMENDING SECTION 41.053, CODE OF ORDINANCES, TO ESTABLISH SUPPLEMENTARY CONDITIONAL USE STANDARDS FOR UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no persons to speak in favor or in opposition to this item. Recommend endorsement to the City Commission (motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam), of the above ordinance. Motion carried unanimously (5 to 0). 10. ORDINANCE NO. 5563-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35.11, CODE OF ORDINANCES, TO CREATE DEFINITIONS FOR COLLECTOR, LOCAL, MINOR ARTERIAL AND MAJOR ARTERIAL STREETS; AMENDING SECTION 40.104, CODE OF ORDINANCES TO PROVIDE FOR LEVEL 1 GROUP CARE FACILITIES AS A CONDITIONAL USE IN THE SINGLE FAMILY RESIDENTIAL 8 (RS 8) DISTRICT; AMENDING SECTION 41.053, CODE OF ORDINANCES, TO ESTABLISH SUPPLEMENTARY CONDITIONAL USE STANDARDS FOR LEVEL 1 GROUP CARE FACILITIES IN THE RS-8 DISTRICT; PROVIDING AN EFFECTIVE DATE. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. The following person was present to speak in favor of this ordinance. Mr. Leo Smith. Questions regarding requirements for each resident were discussed. Recommend endorsement to the City Commission (motion was made by Ms. Nixon, and seconded by Mr. Merriam), of the above ordinance. Motion carried unanimously (5 to 0). E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS A welcome to Brenda Nixon was expressed. Mr. Shuford reminded the board that the next meeting will be held in the Adler Room, Main Library. G. BOARD AND STAFF COMMENTS Board discussion regarding M.L. Chaser's, zoning for cruise boats and a brief discussion regarding explanation of the RPD classification. Adjourn: 4:10 p.m.