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06/14/1994 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, JUNE 14, 1994 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Carassas, Messrs. Bickerstaffe, Mazur, Merriam, Keyes, Ms. Martin Members Excused: Ms. Nixon 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 Motion was made by Ms. Martin to approve the minutes of April 19, 1994, with the addition of Ms. Nixon's name under those "present". The motion was seconded by Mr. Keyes, and was carried unanimously (6 to 0). Motion was made by Mr. Keyes to approve the minutes of May 3, 1994, with a correction on page 7 regarding the motion made by Mr. Keyes. The motion was seconded by Mr. Merriam, and was carried unanimously (6 to 0). Motion was made by Mr. Keyes to approve the minutes of May 17, 1994, and seconded by Mr. Mazur. Motion carried unanimously (6 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None. C. CONDITIONAL USES: 1. West Financial Corp (Rajan's Restaurant) to permit on-premise consumption of beer, wine and liquor (business ownership change) at 435 Mandalay Ave, Barbour-Morrow Sub, Blk A, Lots 1 & 2, zoned CB (Beach Commercial). CU 94-39 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's attorney, James Dowling, 1151 Tampa Rd., Suite C, Palm Harbor, was present. Mr. Dowling stated that it will be more of a "fine dining" atmosphere. In answer to a question, he stated that the manager will most likely be one of the people at Frenchy's. Entertainment issue was discussed. He stated there are no problems with the staff recommendations. There were no person(s) present to speak in favor or in opposition of this request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam, for approval subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; and 2) There shall be no outside entertainment, seating, or speakers. Motion carried unanimously (6 to 0). 2. James J. & Evelyn DeSaulniers (Clearwater Community Hospital) to permit noncommercial parking at 1563 & 1567 Druid Rd., Druid Groves Sub, Blk A, Lots 4-6, and part of Lot 3, currently zoned RS 8 (Single Family Residential), pending rezoning to RM 8 (Multiple Family Residential). CU 94-40 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Richard Katzeff, Chief Executive Officer of Clearwater Community Hospital, was present. He stated that the first proposal for rezoning on the first two lots was approved by City Commission, now after acquiring the other lots, they are waiting for the second approval from City Commission. A question raised by a board member regarding the helicopter landings, Mr. Katzeff stated that research was done regarding the helicopter landings and found there were only three in the last 12 months. He showed diagrams to the board members of what area is being converted and what it will look like after it is completed. More discussion on helicopter landings ensued, stating that it only occurs on Druid Road, or at Clearwater High School where an ambulance picks up the patient, and transports them to the hospital. He stated that he has no problem with the conditions as stated by staff. There were no person(s) present to speak in favor or in opposition of this request. 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 (6 to 0). 3. Tzekas & Sons (Emo's Sports Bar) to permit on-premise consumption of beer and wine (new license) at 115 Starcrest Dr., Sec. 13-29-15, M&B 11.06, zoned CG (General Commercial. CU 94-41 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Imer Tzekas, 231 Bayside Drive, was present. He stated that they will serve cold sandwiches, and will have no grill. Mr. Tzekas stated he will be the manager, and is the owner of the business and of the building. He has been in the restaurant business for 35 years. There were no person(s) present to speak in favor or in opposition of this request. Motion was made by Mr. Keyes, and seconded by Mr. Bickerstaffe, for approval subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; and 2) The operation is limited to consumption on premises only with no package sales. Motion carried unanimously (6 to 0). 4. Sam Chun-Wei Liu (Peking Palace) to permit on-premise consumption of beer, wine and liquor (business ownership change) at 1608 Gulf to Bay Blvd, Lakewood Sub Replat, Lot 5, and part of Lots 4 & 6, zoned CG (General Commercial). CU 94-42 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Discussion ensued regarding the parking lot lights and the restriping of the parking lot, and that she would be given six months to take care of these concerns. A board member noted that maybe another condition should be added, stating that there shall be no outdoor speakers or seating, since they are in a residential area. Applicant, Victoria Tang, 1608 Gulf to Bay Blvd., was present. She stated she has owned this business for one year, and that she is having the concerns regarding the lights and the parking lot taken care of. Ms. Tang stated she sees no problem with the six month period and has no problem with the staff recommendations. The following person(s) were present to speak in favor of this request: Gilbert Jannelli, 909 N. Ft. Harrison, was present. He wanted to know if residents in area have been notified in regard to the lighting. Mr. Jannelli stated that because of the Soup Kitchen in the area and the crime in that area, maybe there should not be a restriction on the lighting. There were no person(s) present to speak in opposition of this request. Mr. Shuford suggested that if she could get a letter from the residents adjoining the site stating that they have no problem with the lighting, that the condition could be removed. A board member recommended that we contact Florida Power to have the lights brighter in that area to help with the crime situation. Motion was made by Mr. Merriam, and seconded by Mr. Keyes, for approval subject to the following conditions: 1) The applicants shall obtain the required occupational license within six months of the date of this public hearing; 2) The parking lot shall be restriped to the dimensions required by City Code, with no interior landscaping being required within six months of the date of this public hearing; 3) The parking lot lights shall be shielded so that light is directed away from residential areas within six months of the date of this public hearing; and 4) There shall be no outdoor speakers or seating. Motion carried unanimously (6 to 0). 5. High and Dry Marina, Inc (Windward Boat Club, Inc) to permit marina; boat rental at 202 Windward Passage, Island Estates of Clearwater, Unit 5, Blk D, Lots 10-13, part of Lot 9 and vacated street, zoned CG (General Commercial). CU 94-43 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Larry Walcker, 202 Windward Passage, was present. He stated it will a two man operation, a partner and himself, and they would be renting out boats. His experience was in Tierre Verde for 3 years, in a similar business. Mr. Walcker stated they would not be dealing with wave runners. Discussion regarding what passenger size boats they would carry, and as to how many boats are being rented out. There were no person(s) present to speak in favor or in opposition of this request. Motion was made by Mr. Mazur, adding two conditions: as number 6 below and 7) No more than the maximum boats to be rented shall be 10. Mr. Bickerstaffe seconded for discussion. Mr. Bickerstaffe amended the motion to eliminate condition #7, and Ms. Martin seconded, for approval subject to the following conditions: 1) The applicants shall obtain the requisite occupational license within six months of the date of this public hearing; 2) No fuel or servicing of boats shall occur after 9:00 p.m. or before 6:00 a.m.; 3) No fuel storage facility or sanitary pump-out station holding tank shall be located over water; 4) The applicants shall provide evidence to the public works department of sufficient and acceptable wastewater treatment to serve the project; 5) Appropriate speed zone signs shall be posted to control boat speed for manatee protection; and 6) All boats shall have a seating capacity of a minimum of three persons. Motion carried 5 to 1, with Mr. Carassas voting against (because the maximum number of boats was not included). 6. Thomas Seibert, Sr to permit marinas; dock and boat lift at 210 Dolphin Point, Dolphin Apartments Condo, zoned RM 20 (Multiple Family Residential) and P (Preservation). Cu 94-44 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Discussion ensued regarding the 3' side setback and removal of dock. Applicant's representative, Steve Brunner, 8579 95th Terr. N, Seminole, was present. He stated he is suppose to remove the existing dock, walkway and davits and replace them with 5' wide, to make them more safe to walk on. Discussion on the cradle lift and tie poles ensued. There were no person(s) present to speak in favor or in opposition of 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 the requisite building permit within six months of this public hearing; 2) No liveaboards shall be allowed without the explicit authorization of the Planning and Zoning Board; and 3) The cradle lift and associated dock shall be for the exclusive use of an on premise condominium resident or residents; leasing the dock and lift to a nonresident shall be prohibited. Motion carried unanimously (6 to 0). 7. Leonard A. McCue (Overby's Inc/Classy Chassis) to permit vehicle sales; outdoor retail sales, displays and storage at 18540 & 18562 US Hwy 19, N, Sec 19-29-16, M&B 44.02 & 44.03, zoned CH (Highway Commercial). CU 94-45 Mr. Shuford stated that staff was recommending continuance of this item until more information was turned in and also the applicant called and said he could not make the meeting. The following person(s) were present to speak on this request: Frank Kunnen, 22067 US Hwy. N 19, was present. He stated he will come back to the meeting of July 19th, but wanted to make known that the staff report states wrong information regarding the south side - it is a grass lot and the driveway to Nursery Road is not owned by the property owner as late as two years ago. There are two large signs on that property also. Motion to continue this request was made by Mr. Keyes, and seconded by Ms. Martin, to the July 19th meeting. Motion carried unanimously (6 to 0). 8. Sibylle Clark (Jaguar's Sports Lounge) to permit on-premise consumption of beer, wine and liquor (new license) at 724 S. Missouri Ave, Maryland Sub, Blk B6, part of Lots 11-14, zoned CG (General Commercial). CU 94-46 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. He noted that there was a mistake on the application omitting package sales, so he recommended that the board continue this item. Applicant, Cynthia Akers, 4437 Terry Loop, New Port Richey, was present. She stated there was an error on the application and package sales should have been marked. She showed Mr. Shuford the deed. Ms. Akers stated that they want a 4COP, their place was not large enough for the SRX and she thought staff was changing the application to read correctly. The seating was changed from 150 to 104. Discussion ensued about the advertising that was done and that she would have to amend the application to include package sales and state the seating changes and come back to the next meeting. There were no person(s) present to speak in favor or in opposition of this request. Motion to continue this request was made by Mr. Merriam, and seconded by Mr. Mazur, to the July 19th meeting. Motion carried unanimously (6 to 0). 9. Kapok Pavilion I, Ltd to permit on-premise consumption and package sales of beer, wine and liquor (business ownership change) at 923 McMullen Booth Rd, Sec 09-29-16, M&B 31.01 together with Del Oro Gardens, Lots 17, 18, 31-36, 44-46, 51, and part of Lot 52, zoned CG (General Commercial). CU 94-47 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford stated that condition #7 will be amended to "there shall be no customer accessible display areas". Applicant's attorney and co-owner, Pamela Karris, 11505 Carrollwood Drive, Tampa, was present. She stated she is opposed to items 2 - 5. Mrs. Karris stated that this is a privately owned property, not public owned. She stated that they meet the requirements of Sec. 41.033. She stated that it seems like they are being condemned for being "noisey", before given a chance. The Kapok establishment holds outdoor events, for example, outside weddings and running events - some of these activities require outdoor speakers. Mrs. Karris stated that the 12:00 midnight cease of operation is not really fair. She would like to see conditions 2 - 5 dropped, and only if he neighbors have complaints in the future, have restrictions put on them. There were no person(s) present to speak in favor of this request. The following person(s) were present to speak in opposition of this request: Linda Allen, 3132 San Mateo, was present. She asked for an explanation of the difference between package sales and on premise consumption. Mr. Shuford explained these. She stated she has heard the noise from the concert that was there, and has called the police department many times because of speeders in area. Ms. Allen is concerned and upset about the serving of alcohol in a residential area, and the vandalism that have occurred in the gardens, and the speeders. She is against dropping conditions 2-5. She inquired about what the meaning of General Commercial was, which was explained to her by Mr. Shuford. Applicant rebuttal: Mrs. Karris stated they are concerned about their neighbors. They bought the liquor license, which has always been at the Kapok establishment, and do not intend to be a bar. She also has concerns with the speeding, and stated McMullen Booth Road shouldn't have been widened if they were concerned about speeding. The only outdoor speaker was for the St. Pete Run. She stated they are trying to stop the vandalism, and that they have 24 hour security. The parking lot that Ms. Allen was concerned about is strictly used by the employees. Discussion on the wall height on the east side ensued. Mrs. Karris stated that more landscaping is planned. Motion to continue this request was made by Ms. Martin, and seconded by Mr. Bickerstaffe, to the July 19th meeting. Motion carried unanimously (6 to 0). 10. Dr. Gilbert G. Jannelli (Funky J's Smokehouse Bar & Grill) to permit on premise consumption of beer, wine and liquor, and exterior cooking (smoker) at 1343 Cleveland St, Overbrook Sub, Blk 3, Lots 7-14, zoned CG (General Commercial). CU 94-48 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Jonas Brumett, 713 Lembo Circle, #4, was present. He stated he has been in the restaurant business for 17 years. They will have barbeque ribs, chicken, and smoked meats. Mr. Brumett had questions regarding the landscaping requirements having to do with Section 42.27. The following person(s) were present to speak in favor of this request: Clark Hubbard, 1635 Windsor Place, was present. He stated he owns the property at 1351 Cleveland St., which is the Idle Spur Saloon, for the past 10 years. He is very much for this business come into the area to help keep down the crime element, instead of having a vacant building. There were no person(s) present to speak in opposition of this request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, for approval of this request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of this public hearing; 2) Outdoor seating shall be limited to the requested capacity of 30 seats; 3) The applicant shall obtain the necessary parking variance from the Development Code Adjustment Board or otherwise meet City parking requirements; 4) The applicant shall pay the necessary impact fees as determined by the Engineer; 5) The parking lot shall be restriped to City Code Standards with no added interior landscaping required within six months of the date of this public hearing; and 6) The applicant shall provide perimeter landscaping along Cleveland Street in accordance with Section 42.27 of the Land Development Code, to the extent allowed by site design within six months of the date of this public hearing. Motion carried unanimously (6 to 0). 11. Sanford Sandelman, TRE (Ninfa's Mexican Restaurant) to permit on premise consumption of beer, wine and liquor at 19919 US Hwy 19, N, Sec 17-29-16, M&B 33.05, zoned CH (Highway Commercial). CU 94-49 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Handicapped spaces were questioned. Applicant's respresentative, Harry Cline, was present. Mr. Cline gave the background information on the business owners. He stated that the proposed conditions by staff are acceptable. There were no person(s) present to speak in favor or in opposition of this request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam, for approval subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; 2) There shall be no outdoor entertainment or outdoor speakers; and 3) The parking lot shall be restriped and handicap spaces clearly marked, with no added interior landscaping required. Motion carried unanimously (6 to 0). 12. Richard A. & Mildred L. Soderberg (Applegate Manor) to permit Level II group care at 2484 Sharkey Rd, Sec 07-29-16, M&B 42.14, zoned RM 16 (Multiple Family Residential). CU 94-50 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's, Millie and Richard Soderberg, 6134 River Road, NPR, were present. She stated they have owned this property for 12 years, and is requesting to convert house into ACLF with 20 beds. There were no person(s) present to speak in favor or in opposition of this request. Motion was made by Mr. Merriam, and seconded by Mr. Keyes, for approval subject to the following conditions: 1) The applicants shall submit a building plan with the proposed interior modifications and obtain the necessary building permit within six months of this public hearing; 2) The applicants shall obtain the requisite occupational license within six months of this public hearing; 3) The facility shall be for the care of elderly people only, with the maximum number of residents being 20, unless further limited by the board requirements; 4) Proper supervision shall be provided to ensure neighborhood compatibility; and 5) The applicants shall amend the Certified Site Plan accordingly to reflect all approved site modifications. Motion carried unanimously (6 to 0). 13. Innovative Restaurant Concepts, Inc (Rio Bravo Cantina) to permit on-premise consumption of beer, wine and liquor at 26200 US Hwy 19, N, The Village at Countryside, Parcel 1, zoned CC (Commercial Center). CU 94-51 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Chris Hemmings, 806 S. Fremont Ave, Tampa, was present. In answer to a question, Mr. Hemmings stated that the business owner and property owner is the same. They opened the first Rio Bravo restaurant in Florida in 1991, and are hoping to open this location July 25th. Mr. Hemmings had questions regarding landscaping, but will have to work out irrigation problems. There were no person(s) present to speak in favor or in opposition of this request. Motion was made by Mr. Keyes, and seconded by Mr. Mazur, for approval subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this public hearing; and 2) The applicant shall provide perimeter landscaping to the extent possible along the U.S. 19 and Enterprise Road frontages as determined by the City's Environmental Group. Motion carried unanimously (6 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: Requests for Annexation, Land Use Plan and Zoning Atlas amendment: 1. 1761 Cardinal Drive, Pinellas Terrace, part of Lot 68 (Gerald L. & Christine M. Penhollow). A 94-12; LUP 94-12 LUP: Residential Low ZONE: RPD-E (Residential Planned Development-E) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant was not present. There were no person(s) present to speak in favor or in opposition of this request. Recommend endorsement (motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe), to the City Commission for the Land Use Plan of Residential Low, and Zoning Atlas amendment of RPD-E. Motion carried unanimously (6 to 0). 2. 2353 Dora Drive, Rolling Heights, Lot 8 (William M. Moberly). A 94-13; LUP 94-13 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. Applicant was not present. There were no person(s) present to speak in favor or in opposition of this request. Recommend endorsement (motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam), to the City Commission for the Land Use Plan of Residential Low, and Zoning Atlas amendment to RPD-D. Motion carried unanimously (6 to 0). Requests for Land Use Plan and Zoning Atlas amendment: 3. 1250 S. Ft. Harrison Avenue, Sec 21-29-15, M&B 12.16 & 12.17 together with Westover Sub, Blk A, and abutting portions of vacated Watkins Rd & Sheridan Ave. (Morton Plant Hospital Association, Inc). Z 94-07; LUP 94-16 LUP: Residential/Office General ZONE: From OL (Limited Office) and P/SP (Public/Semi-Public) to P/SP PD (Public/Semi-Public Planned Development) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Mazur will not be participating in the discussion or vote on this item and on item #4, stating conflict of interest. Applicant, Mark Marquardt, was present. A 10 minute video was shown to the board members, explaining all the phases of construction for the Master Plan. Mr. Marquardt stated that the tape was originally made to be shown to the surrounding neighbors. Also, revised plans were passed out to the board members for them to look at. Fred Frederick, Vice President of The Ritchie Group architectural firm, working with Morton Plant, was present. He made his presentation regarding the main entrance to the campus on Pinellas Street. Keith Appenzeller, King Engineering, was present to discuss traffic concerns. Pinellas St. will be expanded and upgraded at Ft. Harrison and Jeffords interesection to name a few of the changes proposed. Trying to minimize traffic in the area is what they are trying to accomplish with their new parking plan. Discussion regarding water and utility building on the east side of the campus (north side of Pinellas St.). Mr. Appenzeller stated that it meets or exceeds the codes of the city. Drainage and landscaping issues were addressed. Questions from board members regarding water treatment into the bay ensued, and about using a larger culvert than what is planned that has been suggested by our engineering group to meet Swiftmud requirements. Mr. Shuford stated that the City likes what they have proposed so far and have been in contact with them for a long time regarding the drainage details. Hal Zychech, Vice President of Operations for Morton Plant, was present. He discussed briefly the Heart & Vascular Center and what they hope having a facility like this will do for reducing death and disability of heart disease. The building will house cath labs, vascular unit, and a wellness program. The following person(s) were present to speak in favor of this request: Lois Cormier, 625 McClennan St. was present. She was concerned with Pinellas St. and Ft. Harrison, but is relieved now that she heard what was discussed regarding the traffic plan. She stated she was worried about the vacation of Reynolds, Bay and Sheridan too. The following person(s) were present to speak in opposition of this request: Robert Kirn, 621 Lotus Path, Harbor Oaks Association representative. He stated he didn't know anything about the Heart & Vascular Center at all. He is objecting to the procedure, since they were told they would be informed about upcoming plans. Mr. Kirn thinks that they are back to piece-meal all over again. He stated they haven't seen a plan, so they don't know what kind of traffic impact it will have on their community. William Heald, 6 Supplee Place, Belleair, was present. He stated he had concerns regarding the traffic circulation, and believes the impact would greatly affect the quality of his neighborhood. He was told to keep his comments strictly regarding the Heart & Vascular Center, not the whole plan. Rebuttal from Mr. Marquardt: He stated that this project would not impact Supplee Place. Recommend endorsement (motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes), to the City Commission for the Land Use Plan of Residential/Office General, and Zoning Atlas amendment to Public/Semi-Public Planned Development, with the following conditions: (1) All signage shall comply with the Public/Semi-Public district regulations; (2) Landscape plans shall be designed to shield the effect of the parking garage, and (3) Surface parking shall be striped and landscaped in accordance with City Code requirements. Motion carried 5 to 0, with one absten;tion (being Mr. Mazur). 4. Morton Plant properties, See legal description and request on attached public hearing notice. (Z 94-06; LUP 94-15) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Mazur will not be participating in the discussion or vote on this item, stating conflict of interest. Applicant, Mark Marquardt, continued his discussion on the Morton Plant items together. He noted that they had submitted a traffic study, that they hired a consultant to do a noise study, and that the sewer lift station location was being determined. The following person(s) were present to speak in favor of this request: Lois Cormier, spoke again. She is concerned about the South Ward Elementary school kids that are walking that way too. She also wanted the board to know that the City uses the Tampa Tribune to do advertising, instead of St. Pete Times, and this is not getting the word out to this area. Robert Kirn, 321 Lotus Path, stated he is in support of the hospital. Stated that there is missing information on the application: traffic figures are not submitted, the property that is not shown on the plan that is there, air quality, hurricane evacuation, DRI, etc. He wanted to know why the rush when there is data that has not been given. The following person(s) were present to speak in opposition of this request: William Heald, spoke again. He wanted the board to look at the overall picture when deciding what to vote, and not to forget the neighbors of Morton Plant. Mr. Marquardt rebuttal: He asked the board to allow them to proceed. They have other boards to take this to and they would like to move forward so they can get this before the City Commission. Board discussion regarding traffic, which will be governed by concurrency, and putting up directional signs pushing traffic away from problem area at Supplee Place ensued. Recommend endorsement (motion was made by Ms. Martin, and seconded by Mr. Bickerstaffe), to the City Commission for the Land Use Plan of Institutional, and Zoning Atlas amendment to Master Planned Development, with the following conditions: (1) The following statement be included on the Master Plan: "Approval of this Master Plan does not mean that the City has concluded that this Master Plan meets concurrency requirements. Each subproject developed under this Master Plan will be subject to separate review to assure that it meets all concurrency requirements. Each project will also be subject to all impact fees according to the regulations existing at the time of development."; 2) Prior to first reading of the associated ordinances, the applicant will submit documentation acceptable to the City with regard to: (a) Generalized traffic generation and impact on existing facilities; (b) Proposed methods of disposal of solid waste (including hazardous waste); (c) Commitment to comply with City Code and Environmental Health regulations concerning noise/vibration generation; (d) location of the sewer lift station on the Master Plan; (e) location of the heliport on the Master Plan; (f) designation of the environmentally senstive areas on the Master Plan; (g) provide a statement indicating that the future Morton Plant acquisitions in the vicinity will be added to the Master Plan; and 3) All signage shall comply with the Public/Semi-Public district regulations. Motion carried 5 to 0, with one abstention (being Mr. Mazur). Request for Zoning Atlas amendment: 5. 706-712 Magnolia Drive, Magnolia Park, Blk 31, Lots 6-9. (Nations Bank Florida). Z 94-03 ZONE: From CN (Neighborhood Commercial) to CPD (Commercial Planned Development) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Patrick Shaughnessy, 14171 Valentine Trail, Largo, was present. He stated he owns two other ACLF facilities. Mr. Shaughnessy stated he is planning a major renovation to this building and has had enormous success in running ACLF facilities. He stated he has no problem with the 3 conditions that were suggested by staff. Signage was discussed briefly. Discussion about building height ensued. It was brought to his attention that on the site plan it shows 18', and the proposed 10' was the inside ceiling height. Mr. Shaughnessy is buying this building from Nations Bank. There were no person(s) present to speak in favor or in opposition of this request. Recommend endorsement (motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam), to the City Commission for the Zoning Atlas amendment to Commercial Planned Development. Motion carried unanimously (6 to 0). Consider applications for the following Land Development Code Text amendments: 6. ORDINANCE NO. 5617-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 42.26, CODE OF ORDINANCES, TO PROVIDE REQUIREMENTS FOR WIRE FENCES IN RESIDENTIAL ZONES; PROVIDING AN EFFECTIVE DATE. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Recommend endorsement (motion was made by Mr. Mazur, and seconded by Mr. Merriam), to the City Commission for the Land Development Code Text amendment, Ordinance No. 5617-94. Motion carried unanimously (6 to 0). 7. ORDINANCE NO. 5618-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 40.463, CODE OF ORDINANCES, TO ESTABLISH CHURCHES AS A PERMITTED USE IN THE COMMERCIAL CENTER DISTRICT; AMENDING SECTION 40.465, CODE OF ORDINANCES, TO ESTABLISH USE LIMITATIONS FOR CHURCH USES IN THE COMMERCIAL CENTER DISTRICT; 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 to this request. Discussion regarding the real estate tax ensued. The board wanted to know if they could make it a conditional use, instead of a permitted use. Information from the property appraiser's office about tax roles is needed. Continued to the July 19, 1994 meeting. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes. Motion carried unanimously (6 to 0). 8. ORDINANCE NO. 5631-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35.11, CODE OF ORDINANCES, TO REVISE THE DEFINITION OF PERSONAL SERVICES; AMENDING SECTIONS 40.284 AND 40.304, CODE OF ORDINANCES, TO PROVIDE FOR PERSONAL SERVICES AS CONDITIONAL USES IN THE LIMITED OFFICE AND GENERAL OFFICE ZONING DISTRICTS; AMENDING SECTION 41.053, CODE OF ORDINANCES, ESTABLISHING SUPPLEMENTARY STANDARDS FOR SUCH USES; 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 to this request. Recommend endorsement (motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe), to the City Commission, for the Land Development Code Text amendment for Ordinance No. 5631-94. Motion carried unanimously (6 to 0). 9. ORDINANCE NO. 5632-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 41.053, CODE OF ORDINANCES, TO ALLOW CONSIDERATION OF TEMPORARY USES IN CONJUNCTION WITH OUTDOOR RETAIL SALES, DISPLAYS AND/OR STORAGE CONDITIONAL USES; AMENDING CHAPTER 41, DIVISIONS 7 AND 8, CODE OF ORDINANCES, TO SIGNIFICANTLY REVISE EXISTING REQUIREMENTS FOR TEMPORARY BUILDINGS, PORTABLE BUILDINGS AND TENTS, AND FOR TEMPORARY RETAIL SALES AND DISPLAYS; AMENDING SECTION 42.34, CODE OF ORDINANCES, TO DELETE REQUIREMENTS FOR TEMPORARY COMMERCIAL PARKING LOTS AS FOUND IN THIS SECTION; 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 to this request. Continued to the July 19, 1994 meeting (motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur), Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS Mr. Shuford told the board that the alcoholic beverage ordinance would go to City Commission July 21st. G. BOARD AND STAFF COMMENTS Discussions ensued on the following issues: the Tampa Tribune advertising, site plan issue, and the redevelopment plan between Marianne and Baymont. Adjourned: 6:45 p.m.