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05/03/1994 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, MAY 3, 1994 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Vice Chairwoman Martin, Messrs. Bickerstaffe (3:10), Merriam, Keyes, Ms. Nixon Members Excused: Chairman Carassas, Mr. Mazur Also present: Sandra Glatthorn, Central Permitting Manager Vickie Davenport, Recording Secretary Vice Chairwoman Martin 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: A. TRIAL PERIOD REVIEW - (cont from 4/5/94) - Thomas Terry, Jr (E.M.E. Enterprises, Inc) to permit package on-premise sales of beer, wine and liquor (new license) at 18627 US Hwy 19, N., Sec 20-29-16 M&B 33.01 zoned CH (Highway Commercial). CU 94-25 Letter of continuance received. Motion was made by Mr. Merriam, and seconded by Mr. Keyes, to continue this item. Motion carried unanimously (4 to 0). C. CONDITIONAL USES: 1. Nell M. Lokey, TRE/Lokey QTIP Trust (Lokey Oldsmobile) to permit vehicle service; body shop (expansion) at 2339 Gulf-to-Bay Blvd, Sec 18-29-6, M&B 31.05 & 31.06, zoned CG (General Commercial). CU 94-32 Mrs. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. Applicant, Sandy Lloveras, 29228 US 19 N., was present. Mr. Lloveras stated that the landscaping requirements and open space are being done. Paul Lokey, 835 Bay Esplanade, was present. Discussion regarding hours of operation, retention pond, lighting angled down, and wall that is separating the mobile home park ensued. 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. Merriam, for approval of this request subject to the following conditions: 1)The applicant shall revise the final site plan and recertify the final site plan within six months from the date of this public hearing; 2) The applicant shall meet all Development Review Committee (DRC) comments for site plan approval; 3) The applicant shall meet the perimeter landscaping requirements, Section 42.27 of the Land Development Code; 4) There shall be no new outdoor speakers associated with this use; 5) There shall be no outdoor storage of any kind; and 6) All repair activity shall be conducted indoors. Motion carried unanimously (4 to 0). 2. Equator, Inc (Calypso Bay Cafe, Inc) to permit on-premise consumption of beer, wine and liquor (business ownersip change) at 2516 Gulf-to-Bay Blvd, Studebaker's Sub, Lot 2, zoned CG (General Commercial). CU 94-33 Mrs. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. Applicant, Grant Saunders, 6141 Bahia Del Mar Blvd. #232, St. Pete; was present. He stated there would be no changes in the operation of the business, and there are future plans in remodeling. Discussion regarding the Police reports ensued. Questions regarding security outside and inside and the patrolling of the parking lot. Jim Cramer, General Manager, 748 Cocktail Court, St. Petersburg, was present. Questions were asked about how they intend to control situations when someone has had too much to drink. Mr. Cramer stated that the employees are required to take the responsible vendor course. He would like the option for live entertainment in the future, even though the application states otherwise. Discussion on neon signing ensued. There were no persons present to speak in favor or in opposition to this request. Motion was made by Mr. Keyes, and seconded by Ms. Nixon, to approve this request subject to the following conditions: 1) The applicant shall obtain an occupational license within two months from the date of this public hearing; 2) The sales of alcoholic beverages shall be restricted to on premise consumption with no package sales; 3) The applicant shall submit a copy of the parking agreement with Republic Bank for overflow parking; 4) No outdoor loudspeakers shall be permitted; 5) There shall be no outdoor entertainment, including temporary events of any kind; and 6) Signage requirements of the City Code shall be observed at all times. Motion carried unanimously (4 to 0). 3. Barnett Bank of Pinellas County (Pep Boys) to permit vehicle service; automobile repair and service at 1721 Gulf-to-Bay Blvd, Suburb Beautiful Replat Blk "D", part of Tract A, zoned CG (General Commercial). CU 94-34 Mrs. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. Applicant, Al Meloro, National Director of Site Development for PEP Boys, and has worked for them for 15 years. He stated that there would bae 35-45 new jobs for the area. The business strictly sells automotive parts and installs the items that they sell. Discussion on deliveries and the landscaping requirements. Mr. Meloro stated that they have no problems with the conditions stated by staff. Discussion ensued about adding a condition regarding delivery times, and regarding the luminaries being directed downward. There were no persons present to speak in favor or in opposition of this request. Motion was made by Mr. Merriam, and seconded by Ms. Nixon, for approval of this request subject to the following conditions: 1) The applicant shall apply for site plan review within six months from the date of this public hearing; 2) There shall be no outdoor storage of any kind; 3) No outdoor speakers shall be used in the operation of the business; 4) No body work or major repairs (transmission or engine removal/dismantling) shall be permitted; 5) All perimeter landscaping shall be installed in accordance with Section 42.27 of the Land Development Code; 6) All building and parking lot luminaries shall be directed away from residential areas; and 7) Deliveries shall be permitted between the hours of 8:00 a.m. and 6:00 p.m., with no Sunday deliveries. Motion carried unanimously (4 to 0). 4. Murray Sorin/Sorin Realty Corp (Builder's Square) to permit noncommercial parking, and outdoor retail sales, displays and storage at 2495 Gulf-to-Bay Blvd, Sec 18-29-16, M&B 42.01, 42.02, 42.08 & 42.09, zoned RM 8 (Multi Family Residential) and CG (General Commercial). CU 94-35 Mrs. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Ed Armstrong III, Esquire, 911 Chestnut Street, was present. He stated that condition #8 he would like changed to 7 a.m to 7 p.m., and also that the owner of the mobile home park is present and in favor of this request. Discussion ensued between Mr. Armstrong and the board members regarding the chain link fence, retention pond, parking lot and the trees that will have to be cut down. Questions regarding the tree ordinance was also part of the discussion. The following people were present to speak in favor of the request: Frank Struchen, 12275 4th St. E, Treasure Island, was present. His family owns the mobile home park. He stated that residents don't have any problems with this request, and Builder's Square has been good to keep them informed. Dennis Perry, Vice President of the development company, was present. He stated that this project has been in discussion for about two years and alot goes into projects this big. He stated that they are saving alot of the trees, but basically the retailer already has a design planned out and makes it work to that area. Traffic pattern was discussed briefly. There were no persons present to speak in opposition to this request. Motion was made by Mr. Keyes, and seconded by Mr. Merriam, to approve this request subject to the following conditions: 1) The dates and conditions for approval by the Planning and Zoning Board for conditional use approval and the Development Code Adjustment Board for variance approval shall be provided on the preliminary plat/site plan prior to certification; 2) Prior to the issuance of a certificate of occupancy, the dumpster/compactor must be visually screened, and gates must be provided with a minimum 12-foot clear opening to the front for access by Sanitation trucks; 3) Applicant shall, on the preliminary and final site plan, show all protected trees by size, species, and location; 4) The applicant shall obtain any needed variance(s) to the parking and fence height requirements; 5) "LOADING" and "NO LOADING" signs and be placed at locations approved by the Traffic Engineer; 6) Prior to certification, the parking lot layout shall be revised to protect additional trees as required by Environmental Management; 7) Parking lot and building luminaries shall be directed downward and appropriately shielded away from residential areas; and 8) Shipping and receiving activities shall be restricted to the hours of 7:00 a.m. to 7:00 p.m. daily. Motion carried unanimously (4 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: To consider requests for Annexation, Land Use Plan and Zoning Atlas amendments of the City of Clearwater: 1. 1912 East Skyline Drive, Skyline Groves, Lot 57 (Henry F. & Shirley A. Buenaga) A 94-07; LUP 94-07 LUP: Residential Low ZONE: RS-8 (Single Family Residential) Mrs. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. There were no persons present to speak in support or in opposition to this request. Recommends 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 Single-Family Residential "Eight". Motion carried unanimously (5 to 0). 2. 3110 McMullen-Booth Road, 21-28-16, M&B 23.12 (City of Clearwater) A 94-08; LUP 94-08 LUP: From Residential Suburban to Institutional ZONE: P/SP (Public/Semi-Public) Mrs. Glatthorn 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. Recommends endorsement to the City Commission (motion was made by Mr. Keyes, and seconded by Mr. Merriam) of the proposed Annexation, Land Use Plan Amendment to Institutional, and Zoning Atlas Amendment to Public/Semi-Public. Motion carried unanimously (5 to 0). 3. 608 Madera Avenue, Del Oro Gardens, Lot 9 (Emily Schmidt) A 9409; LUP 94-09 LUP: Residential Urban ZONE: RS-8 (Single Family Residential) Mrs. Glatthorn 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 the request. Recommends endorsement to the City Commission (motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes) of the proposed Annexation, Land Use Plan Amendment to Residential Urban, and Zoning Atlas Amendment to Single-Family Residential "Eight". Motion carried unanimously (5 to 0). 4. 1404 Orange Street, Sunny Park Groves, Blk G, Lot 17 (Carl B. & Rachel J. Lowe) A 94-10; LUP 94-10 LUP: Residential Low ZONE: RPD-E (Residential Planned Development - E) Mrs. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. Recommends 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 Residential Low, and Zoning Atlas Amendment to Residential Planned Development - E. Motion carried unanimously (5 to 0). 5. 3136 San Mateo Street, Del Oro Gardens, Lot 23 (Jeffrey K & Debbie Herndon) A 94-11; LUP 94-11 LUP: Residential Urban ZONE: RS-8 (Single Family Residential) Mrs. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. Recommends endorsement to the City Commission (motion was made by Mr. Bickerstaffe, and seconded by Ms. Nixon) of the proposed Annexation, Land Use Plan Amendment to Residential Urban, and Zoning Atlas Amendment to Single-Family Residential "Eight". Motion carried unanimously (5 to 0). Request for Land Use Plan and Zoning Atlas amendment 6. (Cont from 4-5-94) 509 Bayview Ave & 508 Meadow Lark Ln, McMullen's Bayview, Blk 3, Lots 1 & 2 and south 1/2 of right-of-way to the north (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) Mrs. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Harry Cline, 400 Cleveland St., was present. He passed six pictures around to the board members. Discussion ensued as to why staff is requesting denial of this request. Mr. Cline presented two letters in favor, from Mary McMullen, 517 Bayview Avenue and from Laura Nall Connolly, 3035 Gulf to Bay Blvd. Concerns discussed were: traffic impact, the quiet neighborhood, trees on the site, and not complying with the comprehensive plan. The owner, Mr. Meador, was present. He stated that he doesn't want to see the trees torn down either, he planted some of those himself while he was growing up there. Mr. Meador stated that they are just trying to improve what's already there. The following people were present to speak in opposition of this request: Breck Parker, 716 Bayview Ave., was present. He stated he spoke at the last meeting, and gave history of area. Mr. Parker says that Mr. Meador will come back in the future and want rezoning for another piece of property across the street, if this is passed today. He stated that the neighborhood tried to get a traffic light installed, but was told no. Jack Alvord, 606 Bayview Ave., was present. He also was at the last meeting. He passed around 8 pictures for the board to see. Mr. Alvord has his well checked every 3 weeks to check for gasoline. He does not want that area commercial, as traffic is very bad now. Mr. Cline rebuttal: Mr. Meador has owned that site for 50 years, and just wants to modernize it. Mr. Cline stated that the question before the board is, if the lots 1 & 2 are zoned correctly. He stated that the intrusion is not into their neighborhood, but into Mr. Meador's property because of the widening of Gulf to Bay Blvd. Mr. Parker rebuttal: Concerned about setting precedent on that side of the street, so that he can come back and ask for rezoning for the other side and restated his previous objections. James Smith, president of Coop Oil Co., was present. He says his wells are tested once a month, and all he wants to do is put in state of the art equipment storage tanks. He stated that he does not want anything to happen to the oak trees that are there, that's why he loves this property so that the trees can be like an atrium over the building he is proposing. Motion to approve was made by Mr. Keyes, and seconded by Mr. Bickerstaffe, for discussion. Discussion on buffer arrangement on those lots in the back and also the traffic problem ensued. Recommendation of denial to the City Commission (motion was made by Mr. Bickerstaffe, and seconded by Ms. Nixon) of the proposed Land Use Plan Amendment to Commercial General and Zoning Atlas Amendment to General Commercial. Motion carried 4 to 1, with Mr. Keyes voting nay. Request for Zoning Atlas amendment 7. 3160 McMullen-Booth Road, Sec 21-28-16, M&B 23.04, 23.05, 23.06, 23.08 & 23.13 (James B & Marlene K. McCullough) Z 94-04 ZONE: From RS 6 (Single Family Residential to RPD-C (Residential Planned Development) This item was continued and voted on along with Item B-A. Motion was made by Mr. Merriam, and seconded by Mr. Keyes. Motion carried unanimously (4 to 0). Request for Land Development Code Text amendment 8. ORD. NO. 5597-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 40.489, CODE OF ORDINANCES, TO ESTABLISH NEW PARKING REQUIREMENTS FOR THE BAYFRONT CORE, AND EASTERN CORRIDOR SUBDISTRICTS OF THE URBAN CENTER DISTRICT; PROVIDING AN EFFECTIVE DATE. Mrs. Glatthorn 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 approval of the ordinance as proposed by staff to the City Commission (motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes). Motion carried unanimously (5 to 0). E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS G. BOARD AND STAFF COMMENTS Brenda Nixon wanted to clarify #9 in the rules, regarding letting those that have spoken be the ones who can speak to an item in rebuttal, not someone who hasn't spoken already. Ms. Nixon briefly discussed how board members, when speaking out at other meetings, should convey their thoughts about an issue individually and not state it like it is the boards' views. Adjourn: 4:40 p.m.