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08/16/1994MINUTES PLANNING AND ZONING BOARD Tuesday, August 16, 1994 - 2:00 P.M. Members Present: John Carassas, Chair Jay Keyes Kemper Merriam Robert D. Bickerstaffe Brenda Nixon Lois Martin (arrived 2:00: p.m.) Members Absent: Edward Mazur Also Present: Scott Shuford, Planning Manager Vickie Davenport, Recording Secretary Sally Demarest, Board Reporter (in-training) Chairman Carrasas 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 A motion was made by Mr. Keyes, and seconded by Mr. Bickerstaffe to approve the minutes of July 19, 1994. Motion carried 5 to 0. Mr. Shuford advised the Board of another request for extension that was not included on the agenda for Clearwater Market, Inc., located at 1385 Gulf to Bay Blvd. (CU 94-24). He states that this request was approved by this Board on April 5, 1994, subject to two conditions and the applicant is requesting an extension of 6 months in order to complete the project. Staff recommended approval of the extension as there have been no changes from the original request or conditions. A motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe, to approve the request for a six month extension. Motion carried 4 to 0 with one abstention. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. (Continued from 8/2/94) Goral Tov. Ltd. to permit minor auto repair and tire sales (vehicle service) at 1520 McMullen Booth Rd, South Oaks Fashion Square, Lot 1, zoned IPD (Industrial Planned Development). CU 94-61 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Todd Pressman, 28870 US 19 N., stated that a letter was submitted regarding representation and to clarify that it is for a Firestone facility that will be operating similarly as other Firestones. He noted that this site had been previously approved for a similar use. Mr. Pressman stated they are in agreement with the recommended conditions, but asked that they be allowed one year to obtain their occupational license rather than six months. There were no persons present to speak in favor or in opposition to this request. A motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within twelve months of the date of this public hearing: 2) The applicant shall meet all supplementary conditions for vehicle service uses as provided in Section 44.053(30) of the City Land Development Code: 3) There shall be no outdoor service or storage; including overnight storage of vehicles under repair; 4) There shall be no outdoor speakers; and 5) There shall be no major repairs involving transmission dismantling, painting, or body work. Motion carried unanimously (6 to 0). 2. (Cont. from 7/19/94) 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 94-95 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford stated that the applicant is asking for a 30 day extension for site design work to be completed. The applicant was not present. There were also no persons present to speak in favor of this request. The following person(s) were present to speak in opposition of this request: Frank Kunnen, was present. He stated that they do not have room for this type business, they have been cited and never furnished plan for this. He does not want them to get this continuance for more time. Code enforcement team goes out on a regular basis, but nothing changes. Mr. Bickerstaffe stated that cars are parking everywhere, getting numerous violations, and that they have had over a year to get these conditions met. Motion to deny was made by Mr. Bickerstaffe, and seconded by Mr. Merriam. Motion carried 3 to 3. On the basis of a tie vote, this item was continued to the September 13th meeting. C. CONDITIONAL USES: 1. Robert E & Kathleen P. Alpaugh/E. Eugene & Donna L. Sitton/Edward M. Hanna/E.E. Chaires, Jr./Dorothy O. McKeehan-Trustees (Clearwater Gas System) to permit outdoor retail sales display area at 2571 Drew St, Campus Walk Sub, Lot 2A, Zoned CH (Highway Commercial District) CU 94-64 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Sandy Barley, Clearwater Gas System, was present. He explained the future plans for buildout regarding the deck. 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, to approve this request subject to the following conditions.: (1) The applicant shall obtain the requisite occupational license within six months from the date of this public hearing; and (2) The requisite building permit shall be obtained within six months of the date of this public hearing. Motion carried unanimously (6 to 0) 2. L. David Shear & Lois Shear Frank (The Circle K Corp d/b/a Circle K) to permit package sales of beer and wine (business ownership change) at 571 Mandalay Ave, Mandalay Replat, Unit 5, Blk A, Lots 3 & 4, part Lot 2, zoned CB (Beach Commercial District). CU 94-95 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. He noted that the board faced a policy decision regarding alcoholic beverage sales in this area. Applicant, Harry Cline, 400 Cleveland St. was present. He stated he is representing the owners of the property. Mr. Cline gave the background of this property and stated that in 1962 7-Eleven moved in the location. There will be no increase in the size of the sales area. Mr. Cline stated they meet the criteria in the land use plan, and the use has no negative impact on the surrounding area. The employees go through the alcoholic beverage management program. The following person(s) were present to speak in favor of this request: Dave Ziebel, 1130 S. Keystone Avenue, was present. He has been with Maas Brothers for the last 26 years, managed the Clearwater store for 17 years and is the district manager for Pinellas County, this being his 10th store. He stated he has been a resident of Clearwater since 1975. Penny Thomas, 40 Bay Esplanade, #10, was present. She lives behind this store, and sees no problem with this request. The following person(s) were present to speak in opposition of this request: Pete Murnaghan, 100 N. Tampa St. Tampa was present. He is speaking on behalf of Pick Kwik Food Stores, nearby property owners. He stated that Pick Kwik has been before this board twice and denied, then finally given approval but with substantial conditions, which included having private security and restriction on hours of selling beverages. City Commission took this evidence and it was stated that it was because of oversaturation for alcoholic sales. Pick Kwik does not oppose the Circle K request. He stated there is no such thing as a transfer of a conditional use, and they should have to be held to the same standards as Pick Kwik was. Other areas of concern were regarding parking, private security, hours of operation, loitering, noise, etc. Mr. Murnaghan stated that he wanted to file the transcript of the Planning and Zoning Board hearing where this issue was discussed with Pick Kwik, and was asked to summarize it instead since the board could not sit there and read it in its entirety. Rebuttal from Mr. Cline: He stated that Circle K is not a mirror image of Pick Kwik, but a small convenience store. Mr. Cline also stated that that property is probable “grandfathered” after all these 32 years. He stated they meet the standards for a conditional use. Board discussion ensued regarding this new use and hours of operation, security policy, if they will be governed by the same rules as Pick Kwik regarding time of selling alcoholic beverages. The state regulated hours for selling alcoholic beverages were discussed. Mr. Carassas stated that he sees this as a change of ownership and has nothing to do with the Pick Kwik situation. He stated there is no one in the same audience to speak against this request except the competing business in the area. Motion was made by Mr. Keyes, and seconded by Mr. Bickerstaffe, to approve this request 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 5 to 1, with Mr. Merriam voting nay. 3. John Hancock Life Insurance Co. (Leghorn, Inc./G. Bellini’s Brick Oven & Rotisserie) to permit on premise consumption of beer, wine, and liquor (new license) at 2544 McMullen Booth Rd, Sec. 28-28-16, M&B 33.02, zoned CC (Commercial Center District). CU 94-66 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Jeff Isel, was present. He stated he was half owner of this business, with his partner being in business for 25 years. They have no problem with the conditions as presented by staff. Mr. Isel and his partner will be the on-site managers. Roger Green, St. Petersburg Beach, who is the other partner, was present. 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 request 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 outdoor seating, entertainment, or speakers. Motion carried unanimously (6 to 0). 4. Peoples State Bank to permit wholesaling & distributing of closeout/liquidation merchandise at 602 N. Myrtle Ave, Pine Crest Sub, Blk 10, Lots 5 & 6, Zoned CI (Infill Commercial District). CU 94-67 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Reid Goodwin, 83 Bay Woods Dr. Safety Harbor was present. Mr. Goodwin stated there will be minimal traffic to the site, with only 2-3 customers a day who make appointments during the day. He stated they are compatible with the surrounding area. There were no persons present to speak in favor or in opposition to this request. Motion was made by Mr. Merriam, 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 this public hearing; (3)Shipping and receiving activities shall not occur between the hours of 10:00 p.m. and 7:00 a.m. daily; (3) All deliveries shall be unloaded at the southern part of the building which is close to the garage area off Maple Street; (4)Delivery vehicles shall be prohibited from stopping and/or parking on North Myrtle Avenue for the purpose of delivering goods to the wholesaling/distributing storefront; and (5) There shall be no direct retail sales to the general public from this site. 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 Land Development Code Text Amendments: 1. ORDINANCE NO. 5667-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; CREATING SECTION 36.039, CODE OF ORDINANCES, TO ESTABLISH A TROPICAL SEASCAPE DESIGN REVIEW COMMITTEE. AND TO ESTABLISH POWERS. DUTIES, AND JURISDICTION FOR THE COMMITTEE; PROVIDING AN EFFECTIVE DATE. Mr. Shuford gave the background on this item. Mr. Shuford stated that it is a duplicate of the North Greenwood Design Review Committee. The board will establish design guidelines for nonresidential areas, commercial, and areas of the beach. Terms for board members were discussed. There were no persons present to speak on this item. The board wanted to postpone their voting on this Ordinances until they discussed a portion of the next Ordinance on the agenda. Mr. Shuford suggested that for minor types of improvement, i.e., painting, it could be handled administratively.. He also suggested adding language regarding appeals of decisions by the Tropical Seascape Design Committee go to City Commission. Mr. Keyes stated that there is a need to upgrade the area, because he feels Clearwater Beach is losing tourists. He thinks this is a step in the right direction. Discussion regarding code for signage ensued. Recommend endorsement (motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes) to the City Commission for the above ordinance. motion carried 5 to 1, with Mr. Carassas voting nay. 2. ORDINANCE NO. 5668-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING VARIOUS SECTIONS WITHIN CHAPTERS 35, 36, 40, 41, AND 42, CODE OF ORDINANCES, TO REVISE THE ALCOHOLIC BEVERAGES SALES REGULATIONS, ESTABLISH NEW DEFINITIONS, CREATE A NEW APPEALS PROCESS, ESTABLISH A NEW “NIGHTCLUBS, TAVERNS, AND BARS” USE, AND ESTABLISH CONDITIONAL USE STANDARDS; PROVIDING AN EFFECTIVE DATE. Mr. Shuford gave the background for this item. Mr. Nixon stated that she is not in agreement where the changing of the appeals process from going to a hearing officer will now go to the City Commission, which is going to put them in an “overload” situation. But with regard to the design committee, she agrees that they should go to City Commission, instead of a state hearing officer. After short discussion, the board resumed voting on Item D-1, before continuing with D-2. Discussion regarding appeals, parking requirements, conditional use standards, accessory uses, transfer of business ownership review process, floor area ratio percentages, and overall information an applicant would have to provide for this type use ensued. Mr. Keyes wanted to know how the 500 ft. separation is determined, as he would like it to be measured building to building. Page 10 states the 500 foot separation and that it is measured property line to property line. It was noted by a board member that the word “permitted” and “allowed: were used interchangeably. Mr. Shuford stated that the word “permitted” would be used instead throughout the document. Retail complexes, single ownership, and unity of title was discussed briefly, as was adding cruise boats. The following person was present to speak regarding this item. Ken Hamilton, 10 Bay Esplanade, was present. He stated that he doesn’t want to be excluded by this ordinance, and sees things getting more restrictive, instead of easier. He does not want to see the board give up the appeals process. He would like this to be continued to next meeting. Motion was made by Ms. Nixon, and seconded by Mr. Keyes to continue this item to the August 30th meeting. Motion carried unanimously (6 to 0) 3. (Cont. from 7/19/94) ORDINANCE NO. 5632-94 OF THE CITY OFCLEARWATER, 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. Motion was made by Mr. Keyes, and seconded by Mr. Bickerstaffe to continue this item to the August 30th meeting. Motion carried unanimously (6 to 0). 4. (Cont. from 7/19/94) ORDINANCE NO. 5658-94 OF THE CITY OFCLEARWATER., 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 was made by Mr. Keyes, and seconded by Mr. Bickerstaffe, to continue this item to the August 30th meeting. Motion carried unanimously (6 to 0). E. CHAIRMAN’S ITEMS F. DIRECTOR’S ITEMS G. BOARD AND STAFF COMMENTS Mr. Merriam stated that on the Morton Plant item last meeting, there was no vote taken for a rehearing. Mr. Shuford informed the board that it was being appealed. Board members stated they wanted the updated Rules and Regulations put in their folders. Adjourned: 6:05 p.m.