Loading...
07/19/1994 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, JULY 19, 1994 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Messrs. Bickerstaffe, Keyes, Mazur, Merriam, Ms. Nixon Members Excused: Carassas, Ms. Martin Also present: Scott Shuford, Planning Manager Vickie Davenport, Recording Secretary Chairman Mazur 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. Nixon to have Mr. Mazur chair the meeting today since neither Chairman Carassas or Vice Chairwoman Martin are present for the meeting. Motion was made by Mr. Bickerstaffe to approve the minutes of June 14, 1994, and was seconded by Mr. Mazur. Motion carried 4 to 0, with 1 abstention (Ms. Nixon). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Leonard A. McCue (Overby's Inc/Classy Chassis) to permit outdoor retail sales, displays and storage; vehicle sales 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 gave the background of the case and presented, in writing, the staff recommendation. Letter asking for continuation was sent to staff. There were no persons present to speak in favor or in opposition of this request. Motion to continue this item to the August 16th meeting was made by Mr. Bickerstaffe, and seconded by Mr. Merriam. Motion carried unanimously (5 to 0). 2. Ruth Judd H.A. Est/Sibylle Clark & Cynthia Akers (Jaguar's Sports Lounge) to permit on-premise consumption and package sales of beer, wine and liquor (new license) at 724 S. Missouri Ave, Mary Land, Blk B6, Lots 11 & 13, and part of Lots 12 & 14, zoned CG (General Commercial). CU 94-46 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. The board noted some corrections on the application that need to be made: 1) on page 6, weekends 11 p.m. to 2 p.m., should state 2 a.m. and 2) indoor seat numbers were reversed, should state 104. Also, wondered if the condition concerning lighting should state "downward and away". Applicant's representative, Cynthia Akers, 4437 Terry Loop, NPR, was present. She stated she has the fence permit, and that it is currently being done. Ms. Akers stated that they have contacted Florida Power regarding the lighting. She also would like to have entertainers in the future, so would like that condition taken off. Sibylle Clark, 437 Midway Island, was present. She stated that she wants a nice atmosphere for family. There were no persons present to speak in favor or in opposition of this request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, for discussion to approve this item subject to the following conditions: 1) The applicants shall obtain the requisite occupational license within six months from the date of this public hearing; 2) The applicants shall construct a 6 foot high wood fence on the westside of the property within three months to shield the adjoining residential area; 3) Site lighting shall be installed to illuminate the rear parking lot; such lighting shall be directed downward, away from from adjoining residential uses to the west; and 4) There shall be no outdoor seating or speakers. Motion carried unanimously (5 to 0). 3. Kapok Pavilion I, Ltd/Kapok Pavilion, Inc. 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. Applicant, Pamela Keris, 11505 Carrolwood Drive, Tampa, was present. She stated she has no problems with the conditions as stated by staff. 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 item subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; 2) No outdoor speakers shall be used except during special outdoor events; 3) Use of outdoor speakers and all outdoor entertainment shall cease at 12:00 midnight; 4) Within nine months, the parking lot shall be restriped to City Code Standards, with no added interior landscaping required; 5) There shall be no customer accessible package sales display areas; and 6) There shall be a trial period of nine months from the date an occupational license is issued, to determine if the operation is compatible with the surrounding residential properties. Motion carried unanimously (5 to 0). C. CONDITIONAL USES: 1. Morton Plant Life Services, Inc, to permit a 120 bed nursing home facility at 2855 Gulf-to-Bay Blvd, Baskins Replat Resub, part of Lot 2, zoned RM 16 (Multi-Family residential). CU 94-52 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Mazur stated conflict with this item, so he will not be participating in the vote. Applicant's representative, Mr. Cline, requested this item be continued to the next meeting, as Mr. Marquardt was unable to attend meeting. There were no persons present to speak in favor or in opposition of this request, that would not be able to be at the next meeting. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam, to continue this item to the August 2, 1994 meeting. Motion carried 4 to 0, with one abstention (Mr. Mazur). 2. Countryside Associates Ltd Partnership/Deepak K. & Rashi D Karamchandani (Jewel of India) to permit consumption on premises of beer and wine (business ownership change) at 26220 US Hwy 19, The Village at Countryside, Parcel 4 Replat, Lot 3 less road, zoned CC (Commercial Center). CU 94-53 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Rashi Karamchandani, 26220 US Hwy 19 N., was present. He also owns the grocery store in the same shopping center. 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, to approve this item subject to the following conditions: 1) The applicant shall obtain the required occupational license within six months of the date of this public hearing; and 2) Alcoholic beverage sales shall be limited to consumption on premises with no package sales. Motion carried unanimously (5 to 0). 3. Mission Hills Plaza Venture/Wellbrook, Inc. (Hillside Market and Cafe) to permit package sales of beer and wine at 2907 SR 590, Sec 08-29-16, M&B 11.01, zoned CN (Neighborhood Commercial). CU 94-54 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Dennis Thomas, attorney, 50 Cleveland St., was present. Mr. Thomas stated that signs are posted in store about not consuming on premises. Mr. and Mrs. Annillo are the owners of the business, and have operated a business in New Jersey. Albert Annillo, 4709 Wellbrook Dr., NPR, was present. He gave his verbal permission for Mr. Thompson to speak for them. He stated they haven't had any problem with drinking on the premises. Mr. Annillo stated he did not buy this business to be a bar. The following person(s) were present to speak in favor of this request: Claudia Thalji, 11659 Sunshine Pond Road, Tampa, was present. She stated there have never been any problems there with drinking and that it is a very nice place. There were no persons present to speak in opposition of this request. Motion was made by Mr. Merriam, and seconded by Mr. Keyes, to approve this item subject to the following condition: The applicant shall obtain the requisite occupational license within six months of the date of this public hearing. Motion carried unanimously (5 to 0). 4. William M. Shephard Tre (Lagoon Resort) to permit outdoor commercial recreation; catamaran charter at 619 S. Gulfview Blvd, Bayside Sub No 5, Blk C, Lots 1-5 and riparian rights, zoned CR 29 (Commercial Resort), OS/R (Open Space/Recreation and P (Preservation). CU 94-55 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Glen Steinke, 3562 Rolando Dr., Palm Harbor, was present. He stated he doesn't want to run this operation on holidays and Sundays, because it is too dangerous. Mr. Steinke stated he ran an operation in Dunedin on the causeway for three years, and is the owner of the boat. He stated that his business had been running for 30 days when he found out about the requirement for a conditional use. Discussion ensued with the board members regarding the days and hours he would run his operation. The following person(s) were present to speak in favor of this request: George Griffis, 400 N. Osceola, who is the licensed captain of the boat. He stated he has had 10 years experience on boats, and a safe operation is his first priority. There were no persons present to speak in opposition of this request. Motion was made by Mr. Keyes, and seconded by Mr. Bickerstaffe, to approve this item subject to the following conditions: 1) The vessel shall be docked at a marina commercial slip (not on a private property with a private slip); 2) Hours of operation shall be limited to the period from Sunrise to Sunset; 3) The applicant shall obtain from the City and County all the applicable licenses within six months from the date of this public hearing; 4) The boat service shall be limited to six persons only on each party and all cruises shall be accompanied by a USCG licensed captain; 5) No fuel storage facility or sanitary pump-out station holding tank shall be located over water; 6) The applicant shall provide evidence to the public works department of sufficient and acceptable wastewater treatment to serve the project; and 7) All safety devices shall be provided. Motion carried unanimously (5 to 0). 5. Joseph Caraco and Franco Iocolano/Nick Karistinos (Nick's Grill) to permit consumption on premises of beer and wine at 432 Poinsettia Ave, Barbour-Morrow Sub, Blk A, part of Lot 41, zoned CB (Beach Commercial). CU 94-56 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Nick Karistinos, 38 Mango St., was present. He stated they are currently closed on Monday's and would like to serve beer and wine at his establishment. 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. Merriam, to approve this item 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 sale of alcoholic beverages shall be limited to consumption on premises with no package sales. Motion carried unanimously (5 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: Request for Annexation, Land Use Plan and Zoning Atlas Amendment: 1. 112 Meadow Lark Lane, Bay View City Sub, Blk 1, part of Lots 5 & 6 (Grover D & Margie L Kinsley). A 94-14; LUP 94-14 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 person(s) present to speak in favor or in opposition to this request. Motion was made by Mr. Bickerstaffe to recommend endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Residential Urban, and Zoning Atlas Amendment to Single-Family Residential "Eight", seconded by Mr. Keyes. Motion carried unanimously (5 to 0). 2. 1312 Woodbine Street, Pine Ridge Sub, Blk B, Lot 13 (Elijah P. Jones, Jr & Annie L. Jones). A 94-15; LUP 94-17 LUP: Residential Low ZONE: RS 8 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no person(s) present to speak in favor or in opposition to this request. Motion was made by Mr. Bickerstaffe to recommend endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single Family Residential "Eight" (RS-8), seconded by Mr. Keyes. Motion carried unanimously (5 to 0). 3. 1231 Keene Road, Meadow Creek Sub, Blk C, Lot 1 (Ernest E & Virginia A Crawford). A 94-16; LUP 94-18 LUP: Residential Low ZONE: RS 4 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no person(s) present to speak in favor or in opposition of this request. Motion was made by Mr. Bickerstaffe to recommend endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single Family Residential "Four" (RS-4), seconded by Mr. Merriam. Motion carried unanimously (5 to 0). Requests for Zoning Atlas Amendment: 4. 3160 McMullen-Booth Rd, Sec 21-28-16, M&Bs 23.04, 23.05, 23.06, 23.08 and 23.13 (James B and Marlene K McCullough). Z 94-04 ZONE: From RS 6 (Single Family Residential) to RPD-C (Residential Planned Development) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Letter of opposition from Lucy Hammack was introduced as being received by staff this morning, in their packets. Applicant, James McCullough, 3116 McMullen Booth Rd., was present. He stated he has owned this land since 1983. Discussion regarding other access roads in area. Discussion regarding the zoning districts around this property. Staff stated that this would be the best way to get to the property. Mr. McCullough stated that he is working very hard to make everyone in the area happy with what he does to this property. Photos were passed out to the board members. Lee Huston, Avid Engineering, 2708 Alt. US 19, Palm Harbor, was present. The following person(s) were present to speak in favor of this request. Jane Friedel, president of the Eagles Glen Condominium Association. She stated the association has been working with Mr. McCullough for the past two years, and that last night the majority voted in favor of the easement. She stated that Mr. Cervo is a member on the board. Lori Hedden, 3155 Landmark Drive, #321, was present. She stated she does not like development done in environmental areas, as there are two bobcats, a number of horned owls, and a few eagles. She is in favor of the proposal from Mr. McCullough. The following person(s) was present to speak in opposition of this request. Tom Cervo, 3167 Landmark Dr., #823, was present. He is a resident at Eagles Glen since 1986. He stated that he picked this property because of the aesthetics to the area. His unit looks out on the lake, and also the bridge, which has much traffic and noise. The pond belongs to Eagles Glen and they would have to give the easement for this. Rebuttal from applicant: Mr. McCullough stated that there is low pedestrian traffic, which he assumes it would be school children. The green space was expanded for further shielding and the planting of oak trees along the pond. He has been workfing on this project for a long time and thinks he has reached a compromise with the concerns of the area. Question was asked of him by the board if he was going to be responsible for taking care of the pond, and he stated that the residents pay a fee for the maintenance of this area. Motion was made by Mr. Bickerstaffe to recommend endorsement to the City Commission of the proposed Zoning Atlas Amendment to Residential Planned Development -C (RPD-C), seconded by Mr. Keyes subject to the following conditions: 1) An easement for the bridge shall be obtained from the Eagles Glen Condominium; and 2) The bridge design shall be done in substantial conformance with the drawing submitted by Mr. McCullough at the July 19, 1994 Planning and Zoning meeting. Motion carried unanimously (5 to 0). 5. 1563 & 1567 Druid Road, Druid Groves, Blk A, Lots 4-6 and part of Lot 3. (Edmund D & Katherine Bowen and James J & Evelyn DeSaulniers). Z 94-08 ZONE: From RS 8 (Single Family Residential) to RM 8 (Multi-Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Richard Katzeff, Executive Director of Clearwater Community Hospital, was present. He stated that this request is for the remaining two parcels. There were no person(s) present to speak in favor or in opposition of this request. Motion was made by Mr. Merriam to recommend endorsement to the City Commission of the proposed Zoning Atlas Amendment to Multiple-Family Residential "Eight", seconded by Mr. Keyes. Motion carried unanimously (5 to 0). Requests for Land Development Code Text Amendment: 6. (Contd from 6-14-94) 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. Discussion regarding floor area, and if it would be allowed by just non-profit organizations. 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 the Land Development Code Text Amendment, Ordinance No. 5618-94. Motion carried unanimously (5 to 0). 7. (Contd from 6-14/94) 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. Mr. Shuford suggested to the board that this be continued until Chairman Carassas returns, since he was the one asking for more information. 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, to continue this item to the August 16th meeting. Motion carried unanimously (5 to 0). 8. ORDINANCE NO. 5654-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 41.151, CODE OR ORDINANCES, TO REVISE DIMENSIONAL CODE; AMENDING SECTION 41.151, CODE OF ORDINANCES, TO REVISE DIMENSIONAL REQUIREMENTS FOR DOCKS; PROVIDING AN EFFECTIVE DATE. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. 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) of the Land Development Code Text amendment, Ordinance No. 5654-94. Motion carried unanimously (5 to 0). 9. ORDINANCE NO. 5655-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 45.23 CODE OF ORDINANCES, TO DELETE THE AUTHORIZATION FOR MINOR VARIANCES FROM DOCK WIDTH AND SETBACK REQUIREMENTS, AND TO AUTHORIZE MINOR VARIANCES FROM PARKING SPACE REQUIREMENTS; PROVIDING AN EFFECTIVE DATE. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no person(s) present to speak in favor or in opposition of this request. Recommend endorsement (motion was made by Mr. Merriam, and seconded by Mr. Keyes) of the Land Development Code Text amendment, Ordinance No. 5655-94, with the provision that the maximum number of parking spaces that could be approved through the minor variance process be limited to 10. Motion carried unanimously (4 to 0), Mr. Bickerstaffe was not present to vote or participate in the discussion. 10. ORDINANCE NO. 5656-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING CHAPTER 40 CREATING NEW DIVISION 23A TO ESTABLISH A DOWNTOWN/MIXED USE DISTRICT; AMENDING SECTION 41.053, CODE OF ORDINANCES, TO ESTABLISH SUPPLEMENTARY CONDITIONAL USE STANDARDS FOR CONDITIONAL USES PROVIDED IN THE DOWNTOWN/MIXED USE DISTRICT; PROVIDING AN EFFECTIVE DATE. 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) of the Land Development Code Text amendment, Ordinance No. 5656-94, with the following changes: 1) In sections (20)a., b., c., e., and f. (pp.6-7 of the ordinance), clarify the intent of the section by correcting references to "single family residential property" to read: "single family residentially zoned property." and 2) In section (20)e. (p.7 of the ordinance), delete restrictions on site lighting to allow board discretion regarding such lighting on a case-by-case basis in conformance with the upcoming site lighting ordinance. Motion carried unanimously (5 to 0). 11. ORDINANCE NO. 5657-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 40.286, CODE OF ORDINANCES, TO INCREASE THE MAXIMUM ALLOWABLE HEIGHT FOR THE LIMITED OFFICE DISTRICT; PROVIDING AN EFFECTIVE DATE. There were no person(s) present to speak in favor or in opposition of this request. Recommend endorsement (motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe) of the Land Development Code Text amendment, Ordinance No. 5657-94. Motion carried unanimously (5 to 0). 12. ORDINANCE NO. 5658-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35.11, CODE OF ORDINANCES, TO ESTABLISH DEFINITIONS FOR "OUTDOOR CAFE," "SIDEWALK VENDOR," AND "VENDOR STAND"; AMENDING CHAPTER 41, CODE OF ORDINANCES; CREATING A NEW DIVISION 12 TO ESTABLISH REQUIREMENTS FOR LOCATING AND OPERATING OUTDOOR CAFES AND SIDEWALK VENDOR OPERATIONS; PROVIDING AN EFFECTIVE DATE. Motion to continue this item (motion was made by Ms. Nixon, and seconded by Mr. Keyes) to the August 16th meeting. Motion carried unanimously (5 to 0). E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS Mr. Shuford stated that at the August 30th meeting there needs to be a discussion as to what the board wants included in their 1993 PZB Report to City Commission. A draft will be in the August 30th packet for review and comments. Mr. Shuford reminded the board members that the Alcoholic Beverage Ordinance is going before City Commission Thursday and as soon as it has been receipt and refer it, he will pass it on to them for early preview. G. BOARD AND STAFF COMMENTS Short discussion regarding the memo from Mr. Shuford on the code update on temporary uses ensued. Question asked if they could receive more up-to-date site plans for the Morton Plant item next meeting. Mr. Shuford stated that they would have them in their next packet. Ms. Nixon stated that she has received a number of phone calls regarding the Morton Plant issue. From this conversation another question came up regarding if they can talk to citizens and how to handle phones calls regarding items coming before the board. The Sunshine Law was discussed. Mr. Shuford stated that he would check with Legal and find out the concerns of the board members. Mr. Bickerstaffe stated that he thinks the board members should not ask the applicants if they want to change their conditions of approval, because of something they think they should have that isn't listed. Discussion ensued. Adjourn: 4:50 p.m.