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04/19/1994 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, April 19, 1994 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Carassas, Messrs. Bickerstaffe, Mazur, Merriam, Keyes, Ms. Nixon, Ms. Martin 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 The minutes of April 5, 1994 were amended and approved. Motion was made by Mr. Mazur, and seconded by Ms. Nixon. Motion carried unanimously (7 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: A. TRIAL PERIOD REVIEW - (cont from 4/5/94) - John K. & Demetra Lainas (Rasheed Ghaleb/7 Trees Food Store) to permit package sales only of beer and wine (business ownership change) at 1208 Ft. Harrison Ave. N., Enghurst Addition #2, Lots 62 & 63, zoned CN (Neighborhood Commercial). CU 93-38 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Discussion ensued regarding the dumpsters, the location of the vending machine, and the landscaping concerns. Concerns regarding the gas station across the street were discussed and it was determined to notify code enforcement regarding those concerns. Applicant, Rasheed Ghaleb, 1208 N. Ft. Harrison, was present. He stated he owns both dumpsters and he stated he has taken care of the landscaping requirements. There were no persons to speak in favor or in opposition to this request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, for discussion and approval. Motion carried unanimously (7 to 0). C. CONDITIONAL USES: 1. Robert L. Drapkin, TRE, Gerald H. Sokol, and Charles M. & Regina R. Shimer (Clearwater Community Hospital) to permit noncommercial parking for expansion of staff parking at 1551-1555 Druid Rd, Druid Groves, Blk A, Lots 1 & 2, part of Lot 3 and vacated street, zoned RS-8 (Single Family Residential) rezoning to RM 8 (Multi-Family Residential) pending. CU 94-17 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Questions by the board regarding zoning district change, conditions #4 and 5, and discussing height restrictions on the luminaries. Applicant, Richard Katzeff, 1521 E. Druid Road, Executive Director of Clearwater Community Hospital, was present. Mr. Katzeff stated that with expanding the surgery facility, there is a need for more parking for employees. He stated they have contracts on four more homes, which is half of what is needed. Mr. Katzeff stated they have had resident meetings, so they could hear the residents concerns or ideas. Jim Shawn, who is the architect on this project, 5916 Iffmar Ave., Tampa, was present. Continued discussion regarding the height requirements for the luminaries. Two photos were given to the board members to see, plus a landscape drawing shown along Druid. There were no persons present to speak in favor of this request. The following person was present to speak in opposition to this request: John Tassinari, 715 S. Glenwood Ave., was present. He was upset about helicopter landings in yards or in the street of the neighborhood. Mr. Tassinari stated they should have a helicopter pad on their own property, instead of inconveniencing the neighbors. He stated he does not want this to be approved. Mr. Katzeff in rebuttal. He stated the building is being added to the back of the hospital. Mr. Katzeff stated that the hospital has no control over where helicopters land. Motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, for approval subject to the following conditions: 1) The applicant shall obtain the requisite building permit within six months of this public hearing; 2) The applicant shall obtain rezoning approval from the City Commission from Single Family Residential"Eight" (RS-8), to Multiple Family Residential "Eight" (RM-8) zoning; 3) The applicant shall submit three copies of the required landscape plan to the City Environmental Management Group for final approval; the perimeter landscape shrubbery along Druid Road shall be an extension of the existing hospital perimeter landscaping, utilizing oleanders; 4) Parking lot luminaries shall not exceed 12' in height and shall be directed downward and away from residential areas; 5) Hours of parking lot use shall be restricted to 6:30 a.m. until Midnight daily; and 6) The parking lot facility shall be used for hospital employees only. Motion carried unanimously (7 to 0). 2. Anna Tsafatinos (Apollo Palace) to permit on-premise consumption of beer, wine & liquor at 22 Ft. Harrison Ave. N., Earl & Tate's Sub, part of Lots 12 & 13 and unsubdivided land, zoned UC(C). CU 94-27 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Carassas stated conflict and would not be voting on this item. Applicant, Pepe Papasarantopoulos, 1800 Mariner Dr. #A6, Tarpon Springs, was present. She stated that they would have live entertainment ocassionally, since it is a Greek/American nightclub atmosphere. She would like the liquor license transferred to her name and she is going to be on-site manager. The following person was present to speak in favor of this request: Terry Tsafatinos, 667 Snug Island, was present. There were no persons present to speak in opposition to this request. 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 three months from the date of this public hearing; and 2) There shall be no outdoor speakers. Motion carried 6 to 1, with Mr. Carassas abstaining. 3. Niko & Sabine Deeg (Aquarius Health Rehabilitation & Stress Management Center) to permit professional offices; massage therapy at 201 Brightwater Dr., Bayside Sub #2, part of Lot 26, zoned CR 28 (Resort Commercial). CU 94-28 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Sylvia Canfield, 201 Brightwater Dr. #1, was present. She stated that the Drew Street location is the main office, but thought it would be nice to have tourists as clients, so that's why she went to the beach area. Ms. Canfield stated that the building has four apartments, she lives in one, and she uses one as the business. The following person was present to speak in favor of this request. Ken Hamilton, 200 Palm Island, was present. He stated he was upset with the way the staff report was written. He and his wife have gone to Ms. Canfield for two years. Mr. Hamilton stated that she is very professional and provides good service. The following persons were present to speak in opposition to this request: Raymond Rhind, 209 Brightwater Dr., Unit 6, was present. His concern is with the parking. He objects to the business and does not want it approved. Elford Prentice, 201 Brightwater Dr., next door to applicant. Not enough parking spaces for anyone, unless cars are double stacked. He had a letter from Casa Rosa Apartment Motel, but the board members already had a copy in their packets. Rebuttal: Ms. Canfield stated that a third of her buisness is from tourists. She advertises in Beach Views just for that reason. She stated that some of her clients walk from their motels without driving a vehicle. Motion was made by Mr. Bickerstaffe, and seconded by Ms. Nixon, to deny this request, stating that it is not compatible with the surrounding area. Motion carried unanimously (7 to 0). 4. Leo E. & Joyce A. Smith (A Contentment House) to permit Level I Group Care (proposed code change) at 1706 Highland Ave. N., Grove Circle Sub, Lot 16, zoned RS 8 (Single Family Residential). CU 94-29 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Leo Smith, 1458 Lemon Street, Clearwater, was present. 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: 1) The applicant shall obtain an Occupational License within six months from the date of final passage of the amended Ordinance No. 5563-94 by the City Commission; and 2) The applicant shall be limited to eight beds (eight persons). Motion carried unanimously (7 to 0). 5. Florida Family Investors, Inc. (Kenyon Dodge) to permit vehicle and boat service at 19400 US Hwy 19, Sec 19-29-16, M&B 14.01, zoned CH (Highway Commercial). CU 94-30 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, G. Michael Mackenzie, 2424 Enterprise Road, Suite F, was present. He stated he didn't understand condition #5. Discussion ensued regarding the conditions proposed by staff. Mr. Mackenzie stated there would be a tank for the flushing of the engines to help minimize the noise. Motion was made by Mr. Mazur, and seconded by Mr. Merriam, to approve this request subject to the following condition: 1) All boat services of any type shall be performed indoors to keep associated noises to a minimum; 2) The applicant shall obtain the requisite building permit within six months from the date of this public hearing; 3) The applicant shall amend the certified site plan to reflect all approved site modifications including revised site calculations and percentages of all outdoor display areas and open space areas, including revised drainage calculations prior to issuance of a building permit; 4) The amended site plan shall be submitted for certification within six months from the date of this public hearing; 5) There shall be no additional outdoor speakers; and 6) The hours of operation for the service facility shall not be between the hours of 7 p.m. and 7 a.m., with no engine flushing prior to 8 a.m., Monday through Saturday; there shall be no operation on Sundays. Motion carried unanimously (7 to 0). 6. Pinellas Center for the Visually Impaired, Inc (Distribution Video & Audio) to permit wholesaling; distributing at 1610 Myrtle Ave., N., E.A. Marshall's Sub, Lots 1-4, 11, 12 and part of Lot 14 together with Lesley's Sub, Lot 6, and Bayview Heights lst Add, part of Lot 1, zoned CI (Infill Commercial). CU 94-31 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Ben Kuebler, was present. He stated he wants to build a warehouse on Ft. Harrison Avenue in the future. The proposed expansion will be off the main office building, and would keep in the same style as the current structure is now. Mr. Kuebler stated they use UPS exclusively, and presently employ 22 people. Parking spaces were discussed. Pat Marzulli, 1988 Gulf to Bay, was present. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, for approval of this request subject to the following conditions: 1) The applicant shall obtain an occupational license within six months from the date of this public hearing; 2) Shipping and receiving activities shall not occur between the hours of 10:00 p.m. and 7:00 a.m. Monday through Saturday, with no delivery operation on Sunday; 3) No tractor trailers shall be used in the wholesaling and distribution operation; and 4) Any further significant expansion of the site beyond that proposed in this application, shall require further conditional use permit approval. Motion carried unanimously (7 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: To consider an application for the following Land Use Development Code Text amendment: 1. ORDINANCE NO. 5589-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 42.21, CODE OF ORDINANCES, TO PROVIDE FOR REVISED REQUIREMENTS FOR NONCONFORMITIES; PROVIDING AN EFFECTIVE DATE. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Discussion regarding the time requirement from the permit date. Recommended endorsement (motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe) to the City Commission for approval of this ordinance. Motion carried unanimously (7 to 0). E. CHAIRMAN'S ITEMS Mr. Carassas stated that he would not be at the May 3rd meeting. F. DIRECTOR'S ITEMS G. BOARD AND STAFF COMMENTS Discussion ensued regarding an improvement being made on the application form. Short discussion regarding roadway/concurrency in future. Adjourn: 4:40 p.m.