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11/01/1994 MINUTES PLANNING AND ZONING BOARD November 1, 1994 - 2:00 P.M. Commission Chambers, 112 South Osceola Avenue, Clearwater FL PLEDGE OF ALLEGIANCE INVOCATION Members Present: John Carassas, Chair Robert D. Bickerstaffe Jay Keyes Edward Mazur Kemper Merriam Brenda Nixon Members Absent: Lois Martin, Vice Chair Also Present: Scott Shuford, Director, Central Permitting Sally Demarest, Board Reporter 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. The minutes of the October 18, 1994 meeting were continued to the November 15, 1994, meeting in order that certain statements contained therein be verified. The following requests for extension, deferred and continued items were considered: B1. (cont. from 10/18/94) Anza D. & Neim B. Abdullaj (Dervish Bros. Gallery Restaurant & Lounge) to permit on premises consumption of beer, wine, and liquor (expansion) at 1370 Gulf Blvd., Sec. 19-29-15, M&B 14.04 & 14.05, zoned CG (General Commercial) & OS/R (Recreation/Open Space). CU 94-84 Central Permitting Director Shuford gave the background of the case and presented, in writing, the staff recommendations. In review, Mr. Shuford indicated this item was continued to provide staff with time to disseminate information which it had not received until just prior to the last Board meeting relative to the separation variance issue, 1980's parking variance, police reports and historical permitting background. On the basis of the information received, Mr. Shuford indicated staff recommended denial of the application. He added staff needed one additional piece of information, and if the Board opted for continuance, staff preferred the December 13, 1994, meeting. He noted a letter dated October 28, 1994, from Attorney Harry S. Cline, MacFarlane, Ausley, Ferguson & McMullen, Esqs., stating Mr. Cline had just been retained by the applicant, which letter requested a continuance to allow sufficient time for review. Attorney Harry Cline, said he was contacted by the applicant on October 28, 1994, and he has not had time to look at the file or the property, and felt it would be unfair for him to proceed in Mr. Abdullaj's behalf. Mr. Cline indicated if a continuance were not granted, his client would withdraw and immediately refile. He added that historically Mr. Abdullaj has been represented by Attorney George Greer, now Judge Greer. Judge Greer's inability to represent the applicant caused the delay in the applicant's seeking Mr. Cline's counsel. Chairman Carassas asked those opposed who were in attendance to speak in regard to the issue of continuance only, and a vote be taken on that issue first. Attorney Ed Armstrong, Johnson & Blakely, representing the people opposed, asked those in attendance to stand. Chairman Carassas indicated approximately 20 people stood in opposition. Mr. Armstrong said the applicant was offered the opportunity for continuance at the October 18, 1994, meeting and opted to proceed. He noted his clients contacted him with no more notice than Mr. Cline had today, and said his clients would be burdened to come back still a third time. A short discussion revealled prior precedent setting cases would permit the applicant to procedurally withdraw after the public hearing has started and reapply. In rebuttal, Mr. Cline asked for fairness in allowing his client the opportunity to present his case, and said the burden of proof placed upon the applicant would require more preparation time for his case than Mr. Armstrong's case would require. Mr. Shuford indicated a public hearing decision is expected from the State on the machine gun issue prior to the December 13, 1994 meeting, adding this was the only issue still outstanding. Motion was made by Ms. Nixon to continue this item to the December 14, 1994, meeting. The motion was duly seconded and upon the vote being taken, Ms. Nixon, Mr. Bickerstaffe, Mr. Mazur and Mr. Keyes voted "aye"; Chairman Carassas and Mr. Merriam voted "nay". Motion carried (3-2). The following conditional uses were considered: C1. Capeluto Family Partnership (Transportation Station Inc) to permit outdoor commercial recreation (rental of bicycles, scooters, and roller blades) at 652 Gulfview Blvd., Bayside Sub No. 5, Blk B, Lots 6, 21, & 22, zoned CB (Beach Commercial). CU 94-86 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations. He explained the applicant is requesting his present business be moved approximately 100 feet to the next building, which is about the same size with no additional parking required. The use of rollerblades and skates on a public street, sidewalk or right-of-way was questioned. Mr. Shuford said there is police prohibition; however, this applicant advises customers where skating is allowed, usually indicating the Causeway. The applicant, Mr. Scott Suits, described his family owned business which has been located on Clearwater Beach for five years. The request for the change in location will provide better visibility for the business. Replying to questions from the Board, Mr. Suits said operation of the business will remain the same with 36 scooters and approximately 80 bicycles. Their equipment carries a sign with the business logo and helmets are provided with rental of all equipment as a safety precaution. He pinpointed the location as part of the space between Wing's and Bernie's Delicatessen and, except for extraordinary circumstances such as Spring Break, there is no backup of vehicles in the parking lot. Mr. Shuford offered he has been aware of no outdoor or display problems with this business in the past. There were no persons or documents in support or opposition to the application. Motion was made by Mr. Keyes to approve the 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; 2) the applicant shall comply with all motor vehicle safety standards and requirements in the rental of such equipment; helmets must be issued and taken with scooter riders; and 3) there shall be no outdoor storage or display for the purpose of promoting the sale or rental of any vehicles or goods within the parking area or the street right-of-way. The motion was duly seconded and carried unanimously. C2. William & Hope Georgilas/Bayside Grill, Inc. to permit on premises consumption of beer, wine, and liquor (new license) at 1849 Gulf-to-Bay Blvd, Sec 13-29-15, M&B 32.03, zoned CG (General Commercial). CU 94-87 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations. He explained this is the former "Four Coins" restaurant which did not serve alcoholic beverages. The request is for a 4COPSRX license to complement the current food services. Stating the five conditions for approval, he noted condition 5) should read "shall have a height of six feet." Mr. and Mrs. William Georgilas, 883 Eldorado Avenue, Clearwater Beach, appeared as the applicants. Mr. Georgilas offered a brief history of his business and stated his customers have requested beer, wine and liquor service. He indicated compliance with suggested conditions, but felt he would need more information relative to 5), the fence condition; Mr. Shuford said staff will assist Mr. Georgilas in this regard. There were no persons or documents in support or opposition to the application. Motion was made by Mr. Merriam to approve the request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this public hearing; 2) there shall be no outdoor seating and no outdoor speakers; 3 ) within three months from the date of this public hearing, the applicant shall complete parking lot improvements which shall include repaving the areas that are broken and restriping the lot in accordance with the City Code Standards; four parking spaces shall be delineated as handicap spaces; 4) the existing dumpster shall be located according to the Sanitation Division standards within one month of the date of this public hearing; and 5) broken wooden fences on the west and east sides of the subject property shall be replaced within three months from the date of this public hearing to screen adjoining properties; such fences shall have a height of six feet. The motion was duly seconded and carried unanimously. C3. John Hancock Life Insurance Co/BETCO Corp (Norton's Bar & Grill) to permit on premises consumption of beer, wine, and liquor (designation change) at 2508 A/B McMullen Booth Rd, Sec 28-28-16, M&B 33.02, zoned CC (Commercial Center). CU 94-88 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations. He explained the applicant is requesting conditional use approval for a new 4COPSRX alcoholic beverage license to replace a 2COP license, permitting the sale of beer, wine and liquor for on-premises consumption. The proposed limited entertainment and hours of operation should present no problem due to the shopping center location. The owner, Ms. Donna Coughlin, 5018 Bridgeport Drive, Safety Harbor, said her neighborhood family bar and grill has been in business for 3 years, drawing local customers. She said potential customers have left because the establishment does not serve alcohol as an accompaniment to dinner. There were no persons or documents in support or opposition to the application. Motion was made by Ms. Nixon to approve the request subject to the following condition: 1) The applicant shall obtain the requisite occupational license within six months from the date of this public hearing. The motion was duly seconded and carried unanimously. The following annexation, zoning, land use plan amendment, land development code text amendment, and local planning agency review applications were considerd: D1. 2201 Sunset Point Rd and vacant property to west, Pinellas Groves, Sec 1-29-15, part of Lot 1 (Harriet A. Finkenbinder/Sun Bank of Tampa) (Walgreens Drug Store). A 94-21; LUP 94-29 *Inclusive in this request are associated uses which include the sale of alcoholic beverages. LUP: GC (Commercial General) ZONE: CPD (Commercial Planned Development) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations. He distributed a site plan which had been inadvertently omitted from Board members' packets. Reviewing the site plan, Mr. Shuford referenced prior application for a gas station at the corner of Sunset Point and Belcher Roads which resulted in changes to the City and County Land Use Plans, and the applicants' procedure through a lengthy approval process. Subsequently, that application was changed after acquisition of additional property to the west, some of which would be annexed and placed in CPD classification. Mr. Shuford said the proposal today is for the Walgreen's store. He described landscaping and site conditions, indicating access to the parcel to the west which would be an outparcel for later development and zoned GC. Mr. Shuford indicated 12 proposed permitted uses: 1) Indoor retail sales; 2) restaurants; 3) medical clinics/laboratories; 4) business/professional offices; 5) business services; 6) personal services; 7) indoor commercial recreation/entertainment; 8) nonprofit social or community services; 9) art galleries/studios; 10) veterinary offices; 11) one alcoholic beverage sales establishment, package sales; and 12) alcoholic beverage sales, consumption on premise for restaurants only. Staff recommended approval based upon the above 12 uses and site plan approval subject to the following conditions: 1) Signs and fencing/walls are subject to separate review and permitting processes; 2) the requisite building permits must be procured within one (1) year from the date of certification of the final site plan and all requisite certificates of occupancy must be obtained within three (3) years of the date of certification of the site plan; 3) the related final plat shall be recorded within one (1) year from the certification date of the preliminary plat or prior to issuance of a certificate of occupancy, whichever comes first; 4) the dates and conditions for approval by the Planning and Zoning Board for conditional use approval and the Development Code Adjustment Board for variance approval shall be provided on the preliminary plat/site plan prior to certification; 5) a Unity of Title shall be recorded prior to certification of the site plan; 6) the minimum turning radius for designated drives and fire lanes shall be 42 ft; 7) a fire hydrant assembly shall be installed not more than 300 ft. from the structure; 8) if structure requires or has installed an automatic fire sprinkler system, a fire department connection shall be installed a minimum of 15 ft. from the structure, adjacent to a paved drive and within 30 ft. of a fire hydrant assembly; 9) prior to certification, the Dumpster Requirement Form must be completed and returned to the City Sanitation Department; 10) prior to the issuance of a certificate of occupancy, the dumpster/compactor must be visually screened, and gates must be provided with a minimum 12-foot clear opening to the front for access by Sanitation trucks; 11) prior to certification, a copy of the SWFWMD permit application is to be provided to Engineering Site Plan Review; 12) prior to the issuance of a building permit, a copy of the approved SWFWMD permit is to be provided to Engineering Site Plan Review; 13) prior to certification, the final site plan must be signed and sealed by a Professional Engineer registered in the State of Florida; 14) a Pinellas County Public Health Unit Permit, Ingress/Egress and a 10 foot Utility Easement over the proposed water mains up to and including meters, backflow prevention devices and hydrants are required prior to the issuance of a Building Permit; 15) backflow prevention devices must be installed by the City with applicable fees being paid by the owner; 16) sidewalks are required adjacent to all street rights-of-way; 17) handicap spaces must be adjusted to meet government standards; 18) parking stalls and/or driveways to be adjusted to the approval of the Traffic Engineer; 19) dimensions to be shown on the plan to denote measurements for aisles, parking stalls, entrances, etc.; 20) prior to certification, all protected trees shall be shown by size, species, and location; 21) prior to certification, all required perimeter landscape buffers shall be dimensioned; 22) prior to certification, the total paved vehicular use area and total interior landscape area calculations shall be expressed in square feet and as a percentage of the overall site in the site plan data block; 23) prior to certification, all required parking lot interior landscape areas shall be depicted by shading or cross-hatching; 24) prior to issuance of a building permit, a landscape plan shall be submitted to Environmental Management; 25) prior to the issuance of a building permit, a clearing and grubbing permit and a tree removal permit (or a no tree verification form) are required; 26) prior to certification, a copy of the SWFWMD permit application and calculations shall be provided to Environmental Management; 27) prior to issuance of a building permit, a copy of the approved SWFWMD permit shall be submitted to Environmental Management: and 28) prior to certification, the site plan must reflect the use of raised curbs or protective timbers where interior landscaped areas abut pavement. In the ensuing discussion, Mr. Shuford explained the application is being processed as a commercial planned development, offering the Board the opportunity to choose both conditional and permitted uses, and allowing the applicant more expedient processing of the request. The access route from Sunset Point Road was questioned. Mr. Shuford indicated the access locations were determined following lengthy discussions with Traffic Engineering. Representing the applicant, Attorney Harry Cline, explained past and present proposals, indicating the present proposal involves the concepts of annexation, zoning and actual use of the property under the CPD process. He said traffic flow is improved under the present plan, described surrounding properties and businesses, adding there are no adverse impacts on the community. There were no persons or documents offered in support of the application. Mrs. Vera McGinnis, 2101 Sunset Point Road, Raintree Village Condominiums, immediately west and adjacent to the subject property spoke as a condominium Board member and in behalf of several residents. Her concern was the connecting fence, approximately 10 feet from the condominium units' bedrooms; she questioned future parking, requested landscaping along the fence, and questioned the site and location of future truck delivery traffic and trash bins. Mr. Shuford explained a 10 foot wide landscape buffer will be installed along the fence prior to building. He said Walgreen's loading area and dumpsters will be located on the north side facing Sunset Point Road. Mr. Shuford reviewed the site plan with Mrs. McGinnis and provided her with his copy. He suggested as added conditions 1) future dumpster sites be on the east one-third of the property; and 2) all perimiter landscaping be installed at one time. Mr. Bickerstaffe left the meeting at 3:03 p.m., returning at 3:09 p.m. Rebutting, Mr. Cline opined the dumpster request would not be a problem. He said the landscaping request was not problematic but questioned maintenance prior to development. He asked that the 12 uses as suggested prevail. The absence of information relative to outdoor speakers and other requirements for restaurants abutting residential properties was questioned. Mr. Shuford said City Commission will consider an ordinance change on November 17, 1994, which will allow restaurants as a permitted use, and outdoor noise would be addressed by Code Enforcement. He suggested adding to the use condition 12): "there shall be no outdoor speakers, outdoor seating or entertainment associated with this restaurant use". Also, adding recommendation conditions 3): all perimeter landscaping shall be provided prior to the issuance of a certificate of occupancy; 4) any dumpster for the outparcel shall be located on the eastern one-third of the site; and 5) loading shall be prohibited between the hours of 11:00 p.m. and 7:00 a.m. It was noted any future development of the outparcel would return for further approval by City Commission and the Board. Mr. Keyes left the meeting at 3:35 p.m., returning at 3:39 p.m. Objection was raised that the site plan distributed was preliminary and not a final plan, signed and sealed by a professional engineer. It was noted final site plans include drainage, water and sewer data and the plan submitted with the application was conceptual only and not prepared according to the code. It was agreed that continuance would not jeopardize the applicant's timetable because the Commission meeting is November 17, 1994, two days after the Board meeting. Motion was made by Ms. Nixon to continue this item to the November 15, 1994, meeting. The motion was duly seconded and carried unanimously. Mr. Shuford added some of the items discussed today will be presented to the Board with the final site plan at that time. D2. Ordinance No. 5713-94 of the City of Clearwater, Florida, relating to the Land Development Code; Amending Sections 44.05, 44.51, 44.55, and 44.57, Code of Ordinances to regulate neon and other forms of exposed signs or LIGHTING; providing and effective date. Mr. Shuford explained the basis for the proposed neon lighting ordinance is in response to complaints regarding Calypso Bay Cafe and Fat Tuesday's, Clearwater Mall, and signs having illuminated bases which should count as sign area. He stressed staff was not recommending regulation of sign bases and cited several site base examples. Explaining Sec 44.05 para 3, Mr. Shuford suggested eliminating: "Also, any portion of the surface area of a freestanding sign structure that exceeds 50 percent of the permitted area of the sign face shall be considered part of the sign area." In the ensuing discussion, opposition to the proposed ordinance was expressed and comments suggested unfair discrimination against one sign form. Opinions expressed endorsement of the seaside look of Calypso Bay Cafe; the character neon lighting brings to other establishments; the absence of a public safety or blight issue; and that the aesthetics of neon was simply a matter of opinion. Over-regulation was suggested. Mr. Shuford said we had considered regulating the amount of neon by limiting neon to 3 times across the front of a building, originally prompted by Checkers. Motion was made by Ms. Nixon to deny recommendation of this ordinance to the City Commission. The motion was duly seconded and carried unanimously. D3. Ordinance No. 5714-94 of the City of Clearwater, Florida, relating to the Land Development Code; amending sections 40.034, 40.043, 40.064, 40.084, 40.104, 40.124, 40.144, 40.164, 40.184, 40.204, Code of Ordinances, to provide for bed and breakfast inns in residential zoning districts as conditional uses; amending section 41.053, Code of ordinances, to establish additional supplementary conditional use standards for bed and breakfast inns; providing an effective date. Mr. Shuford explained the ordinance was prompted by a Clearwater resident whose property overlooks Stevensons Creek, who wished to establish a bed and breakfast inn there. Staff has recommended bed and breakfasts as conditional uses, allowing the Board to determine whether such establishments would be appropriate in a specific neighborhood. Discussion ensued relative to historical, cultural and other qualifications significant enough to allow a home to qualify; safety standards; limit of square footage; and ancillary use of a principal residence. Discussion ensued relative to the use of the word "permitted" as opposed to "allowed" in sec 41.052 para 1.2. It was agreed use of the word allowed would more clearly indicate the Board's intention and not confuse the issue with the permitting process. Mr. Shuford offered to draft a code amendment within six months to change all "permitted" references to "allowed." Potential problems were discussed relative to parking, safety codes, freestanding signs and deed restrictions. Chairman Carassas said sec 41.053 para 1.2(e) may create an indefensible situation if an application were denied for that reason. Mr. Keyes moved to recommend endorsement to the City Commission. The motion was duly seconded and carried unanimously. The following Chairman's items were considered: At the request of the Chairman, Mr. Shuford will provide a memorandum which explains the Commercial Planned Development to ensure requests submitted to the Board meet those requirements. A discussion ensued relative to suggested changes to A94-21, LUP 94-29, and PSP 94-19 (Walgreen's). It was agreed the absence of the applicant's engineer was a legitimate concern. Mr. Shuford indicated a two-week continuance is not excessive because of the certainty it allows the applicant and the neighborhood, and suggested today's difficulty was procedural rather than reflective of the actual changes to the application. The Chairman suggested a Board Christmas party be discussed at the November 15, 1994, meeting. The following are Director's items were considered: Mr. Shuford said the Alcoholic Beverage Ordinance is agendaed for the November 17, 1994, City Commission meeting. A change to the receipt/referral process for site plans, zonings and annexations will greatly streamline the process and effect site plan detail at the outset of the application. This will include signs for the public identifing the property and indicating future building plans. The following are Board and Staff comments: Chairman Carassas requested the Board tour the Central Permitting Department to better understand the process. Mr. Shuford suggested after the first of the year a short meeting could adjourn to the department to tour. Mr. Keyes apologized for arriving after consideration of item B-1 CU94-84 (Gallery) and asked staff to check whether a building permit was issued for the existing outdoor Tiki bar. Mr. Shuford indicated staff will investigate. Mr. Shuford said City Attorney Akin has not been scheduled to address the Board due to the pressure of her schedule at the present time. He indicated she has met with department heads and is interested in giving her perspective to the Board. He will arrange a mutually convenient date and time for her to attend. There being no further business, the meeting adjourned at 4:47 p.m. _____________________________________ Scott Shuford Director, Central Permitting