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10/04/1994 MINUTES PLANNING AND ZONING BOARD October 4, 1994 - 2:00 P.M. Commission Chambers, 112 South Osceola Avenue, Clearwater FL PLEDGE OF ALLEGIANCE INVOCATION Members Present: Messrs. Bickerstaffe Keyes Mazur Merriam Ms. Nixon (arrived 2:13) Members Absent: Chairman Carassas (excused) Ms. Martin (excused) Also present: Scott Shuford, Director, Central Planning Sally Demarest, Board Reporter Mr. Bickerstaffe moved to allow Mr. Merriam to assume the Chair in the absence of Chairman Carassas and Vice Chairman Martin. The motion was duly seconded and carried unanimously. Mr. Merriam 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 Department. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. Agenda Item: A. APPROVAL OF MINUTES: Minutes of the September 13, 1994, meeting were approved with correction p.5, item 4., add: The motion carried unanimously. B. There were no requests for extension, deferred or continued items listed on the agenda for review. C. CONDITIONAL USES: 1. Joseph R. & Dorothy Marinelli to permit personal services (barber shop & beauty shop) at 1200 S. Highland Ave, Forest Hill Estates, Unit 4, Lot 153, zoned OL (Limited Office). CU 94-78 Central Planning Director Shuford gave the background of the case and presented, in writing, the staff recommendations. Mr. Shuford indicated the applicants had requested two changes to the conditions which were originally presented. These additions were relative to hours of operation and the display and sale of incidental products which would give applicants more flexibility in the operation of their business. There were no documents presented or persons to speak in support of or opposition to the application. Speaking for the applicants, Mr. Edmund S. Whitson, Jr., 615 South Myrtle Avenue, Clearwater described a family business located in an area of doctors and dentists. He indicated this item has been in process for about a year, awaiting amendment of City ordinance. On August 4, 1994, the Commission adopted Ordinance No. 5631-94 which permits personal services as conditional uses in Limited Office (OL) Zoning District. At 2:13 p.m. Ms. Nixon arrived. Mr. Whitson stated the existing parking meets code, and indicated there are five more parking spaces than required for this use, although all are not striped. He indicated the additional parking spaces would be striped to avoid the necessity of reapplication should the applicants wish to expand. Mr. Shuford said that this would not present a problem administratively. Mr. Keyes moved to approve subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this public hearing; 2) personal service uses shall be limited to a barber shop/beauty salon with an initial maximum of two chairs, with any additional chairs thereafter to be subject to provision of required parking as required by ordinance; 3) there shall be no sales of merchandise or conveyance of a product, except as an accessory use, sales of cosmetic and hair care products may be sold in connection with and incidental to services; and 4) operating hours shall be limited to between 7:00am and 9:00pm. The motion was duly seconded and carried unanimously (5-0). 2. Kien-Sun & Yu-Mei Chen/Yun-Ga Chang (Yu Garden) to permit on premises consumption of beer (new license) at 2820 Gulf-to-Bay Blvd, Gulf-to-Bay Gardens, Lots 1 less rd row on S & Lots 2 & 3, zoned CG (General Commercial). CU 94-79 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations. He indicated the subject premises has been vacant since March, 1994, and was formerly occupied by Hungry Panda Express. Mr. Shuford said the applicant has received a copy of the staff report and understands the conditions. The applicant is requesting a 1-COP license to sell beer for on premises consumption only. There were no documents presented or persons to speak in support or opposition of the application. It was indicated the existing parking is adequate; however, two parking spaces should be set aside for the handicapped. The applicant, Mr. Yun-Ga Chang, 2820 Gulf-to-Bay Boulevard, Clearwater, briefly described the nature of his business. It was indicated that staff would assist the applicant if he needed help understanding the landscaping which is required as a condition. Ms. Nixon moved to approve subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this public hearing; 2) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 3) perimeter landscaping materials shall be provided along David Avenue in accordance with Section 42.27 of the City Land Development Code within three months from the date of this public hearing to the extent possible given site constraints; and 4) two parking spaces shall be delineated for handicapped parking within 60 days of the date of this public hearing. The motion was duly seconded and carried unanimously. 3. Tri-High Corp/Steve Beneke (Easy Time Sports Pub) to permit on premises consumption of beer and wine (new license) at 1717 Drew St, Skycrest Sub Unit 1, Blk C, Lot 2, zoned CG (General Commercial). CU 94-85 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations. He indicated that the applicant had requested 11:00-2:00am hours of operation; however, staff recommended closing at midnight, as previously endorsed by the Board. A letter from a nearby property owner, Ms. Pamela Baxter, 104 Jupiter Avenue North, Clearwater, which complained about noise, was presented in opposition, prompting Mr. Shuford to suggest a fifth condition of no outdoor seating, outdoor entertainment or outdoor speakers. Site improvements will be required, particularly in the back lot. There were no other persons or documents presented in support of or opposition to the application. In the ensuing discussion, the absence of police reports usually accompanying an application of this kind was questioned. Proximity to residential neighborhood was noted. This application is for a new COP license which replaces a previous license and concern was expressed as to past incidents. Doubt was expressed as to whether fencing was adequate. The applicant, Mr. Roy Trout, 2225 Riviera Drive, Clearwater, Florida, spoke in response to staff recommendations. He indicated the condition which required a midnight closing would considerably handicap his business. Responding to the above complaint, he indicated that, in his opinion, Ms. Baxter lacked credibility and her letter should not be given credence. He said the business has been in existence for twenty-five years and he took it over three weeks ago. Mr. Shuford reiterated concern with the absence of police reports with this application, and recommended continuance. It was suggested that staff obtain police reports for the past three years at this location. Ms. Nixon moved to continue this item to the October 18, 1994 meeting. The motion was duly seconded and carried unanimously. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. 1304 Ridge Ave., Highland Pines First Addition, Lot 5 Blk 8, and the abutting right-of-way of Ridge Ave (Linda J. Pappas). A 94-20; LUP 94-23 LUP: Residential Low ZONE: RS-8 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations, indicating this was the only property on the block that has not been annexed. Based upon the information furnished by the applicant, Ms. Nixon moved 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), as they appear to be supported by the Standards for Approval of Land Development Code Section 37.21, Article III of Chapter 40, and Section 36.066. The motion was duly seconded and carried unanimously. 2. (cont. from 8/16, 8/30, & 9/13) Ordinance No. 5668-94 of the City of Clearwater, Florida, relating to the Land Development Code, amending various sections within Chapters 35, 36.4-9, 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; provide an effective date. To avoid confusion, Mr. Shuford specified the draft for consideration is attached to his September 26, 1994, memorandum. The meeting recessed at 2:49pm for Mr. Shuford to obtain copies for Board members, and resumed at 2:55pm. He indicated the subject draft was prepared in answer to the Board's request for simplification of the ordinance and explained the various changes and additional language as requested by the Board and City Commission. He pointed out the ordinance as proposed offered a higher standard of review, and compatibility issues would be carefully examined in questionable cases. In the ensuing discussion, various use area measurement situations were discussed, as well as examples of uses, buffers, site design, parking, outdoor seating and speakers. Concern was expressed about noise, particularly after midnight. A question arose as to restrictions upon cruise ships and determination of points of saturation. The Community Response Team was complimented for their enforcement efforts. It was noted that various sections of the conditional use standards for approval which require that no new nightclub, tavern, bar or package sales uses may be established in the North Greenwood Commercial District was included at their request. Responding to a request of the Board, staff will include three additional conditions, and the table will be incorporated to clarify. It was noted that four out of seven members previously voted to favor the procedure whereby appeals would be reviewed by a hearing officer. At 3:38pm the meeting recessed, reconvening at 3:47pm. Following a brief summation, motion by Mr. Keyes, seconded by Mr. Bickerstaffe recommended endorsement to City Commission, with table attached, subject to the following conditions: 1) Use area to property line measurement technique; 2) cruise ships shall be exempted; and 3) retain hearing officer appeal process. The Board also asked the Commission to direct staff to conduct further research to find a better way to handle over-concentration issue. The motion carried unanimously. 3. Ordinance No. 5681-94 of the City of Clearwater, Florida, relating to the Land Development Code; amending section, Code of Ordinances, to establish definitions for "block" and "blockface;" amending section 42.24 to revise requirements for structural setback requirements; providing an effective date. Mr. Shuford gave the background of the case and presented the staff recommendations. Ensuing discussion involved staircase restrictions imposed by setback requirements which would impose unnecessary hardships upon property owners, and whether fence setbacks would be covered. Mr. Keyes moved to recommend endorsement to the City Commission. The motion was duly seconded and carried unanimously. 4. Ordinance No. 5682-94 of the City of Clearwater, Florida, relating to the Land Development Code; creating section 42.36, Code of Ordinances, to establish site lighting restrictions for residential and non- residential properties; providing an effective date. Mr. Shuford gave the background of the case and presented the staff recommendations, indicating that a performance zoning document with standards was used as a model. He added this amendment will correct the deficiency controlling the direction of lights on adjoining properties and control the height of pole-mounted lights. Floodlights to deter transients or criminal activity may result in a spillover of light. It was suggested that lights attached to buildings in single family residential zones erected primarily for security purposes be exempt from this requirement. Mr. Shuford offered to write a letter to Lokey questioning the change of angle of lights in their parking area as they had promised and trailer park improvements. Also mentioned was the absence of a fence between the trailer park and Lokey's use. Mr. Keyes moved, Mr. Mazur seconded a motion to continue this item to the October 18, 1994 meeting. The motion carried unanimously. 5. Ordinance No. 5683-94 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 42.28, Code of Ordinances, to require vegetative buffer setbacks adjacent to "jurisdictional wetlands" under the jurisdiction of the State of Florida; providing an effective date. Mr. Shuford gave the background of the case and presented the staff recommendations. He explained that a change in code requirement to measure from jurisdictional wetland line as opposed to zoning line was required because wetland areas may not be covered by a preservation zoning line. Mr. Shuford referred to his memorandum to the Board dated September 12, 1994 wherein he offered changes recommended by the Environmental Advisory Committee. Following a brief discussion, Mr. Keyes moved and Mr. Bickerstaffe seconded a motion to recommend endorsement to the City Commission with recommended changes. Upon the vote being taken, Ms. Nixon and Messrs. Merriam, Keyes, Bickerstaffe voted "aye"; Mr. Mazur voted "nay". Motion carried (4-1). 6. Ordinance No. 5684-94 of the City of Clearwater, Florida, relating to the Land Development Code; creating Section 42.36, Code of Ordinances, to provide for refuse and recycling container location and enclosure standards; providing an effective date. Mr. Shuford indicated that he could not know when this would be returned to him, and recommended continuance. A brief discussion cited problems with containers which are left by the road, blocking the view of traffic and Mr. Shuford was asked to determine whether 90-gallons could be put back. Without a motion, it was agreed to continue this item indefinitely and to readvertise at the appropriate time. E. CHAIRMAN'S ITEMS: Annual Report. Subject to staff's reassessment of members' time to include site visitations and study of proposals and initialling of the Chairman, the Annual Report was approved for referral to October 17, 1994, City Commission meeting. This presentation will be the first item on the City Commission agenda at 9:00am and the Commission has encouraged Board members to attend. F. DIRECTOR'S ITEMS: None. G. BOARD AND STAFF COMMENTS: Mr. Shuford was asked to advise the Board of the date of the Morton Plant Life Services public hearing. In the ensuing discussion, it was particularly noted Mr. Marquardt's basis of appeal dated August 16, 1994, omitted standard 7(a) upon which the Board based its denial of the application, i.e. whether the use is compatible with surrounding natural environment. When Mr. Shuford meets with Ms. Akin, he will ask for input on this subject from her. Mr. Mazur left the meeting at 4:41pm. Mr. Bickerstaffe complimented Ms. Demarest on the preparation of verbatim report of the August 2, 1994 meeting wherein the Morton Plant Life Services application was discussed. Adjourn: By motion, duly seconded, the meeting adjourned at 4:49pm. ______________________________ Scott Shuford Central Permitting Director