Loading...
02/28/1995 MINUTES PLANNING AND ZONING BOARD February 28, 1995 - 2:00 P.M. Commission Chambers, 112 South Osceola Avenue, Clearwater, FL PLEDGE OF ALLEGIANCE INVOCATION Members Present: Kemper Merriam, Chair Jay Keyes, Vice Chair Brenda Nixon John Carassas Edward Mazur Robert D. Bickerstaffe Bernie Baron Also Present: Scott Shuford, Director, Central Permitting Richard Baier, City Engineer Tom Miller, Director, Environmental Management Sally Demarest, Board Reporter, City Clerk Department Chairman 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. The Chairman indicated that in the future the order of the Pledge and Invocation will be reversed, as recommended by the City Commission. By motion duly seconded, the minutes of the February 14, 1995 meeting were approved with a correction to the time of arrival of Mr. Mazur. The following requests for extension, deferred and continued items were considered: B-1. (cont. from 1/10/95) 509 Bayview Ave. and 508 Meadow Lark Lane, McMullen Bayview Sub., Tract A, Blk 3, Lots 1 & 2 and south 1.2 of right-of-way to the north, (R. Roy Meador). Z 93-54; LUP 93-43 LUP: From Residential Urban to Commercial General ZONE: From RS 6 (Single Family Residential) to CPD (Commercial Planned Development) Central Planning Director Scott Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated the applicant has revised his original request and submitted a site plan addressing staff concerns with technical issues. He pointed out other organizations, i.e. the Historical Society, the Coalition of Home Owners and the City's Historic Preservation Board, have recommended denial of the request, adding the Environmental Advisory Board (EAB) expressed concern for contamination of the site. Citizen and staff concerns involve trees, pollution, leakage of gasoline on the site, drainage, contamination of ground water, traffic safety, buffering for surrounding residential property and the historic nature of two buildings on the site proposed for demolition. Mr. Shuford distributed a chart addressing encroachment into residential areas and explained each of the eight issues specified. City Engineer Richard Baier reported the EAB unanimously approved a motion to require a Contamination Assessment Report (CAR) or similar report be required prior to issuance of a Certificate of Occupancy or building permit so that 1) contamination within the plume is not spread and 2) to ensure protection overland stormwater runoff. He said the applicant and his representative is amenable to providing this information. Tom Miller, City Environmental Director, reported that the full extent of contamination in the ground has not yet been assessed by the owner of the property. Only a geologic report has been received indicating a confining layer 20 feet below the ground surface, adding contamination is contained at that depth, but the lateral extent is not known. In his opinion, the amount of contamination is not unusual and would be similar to that which would be expected from an underground petroleum storage tank. The owner, not the City, is ultimately responsible for cleanup, and State funding is available. Attorney Harry Cline, MacFarlane Ausley, 400 Cleveland Street, Clearwater spoke for the applicant/ owner, Roy Meador, adding he also represented the operator of the Fina Station, Jim Smith, who could not attend the meeting today. Mr. Cline complimented staff and said the redesigned plan was developed with their cooperation. He described the rezoning package involving two vacated lots, street right-of-way, existing Fina Station, and the surrounding commercial uses and described the residential area as "an older development on a small piece of ground". Mr. Cline said that SR 60 (Gulf to Bay Boulevard), seven lanes in width, is the major arterial and commercial east/west road in Clearwater, and a 1993 FDOT traffic count indicated 50,000 cars transit SR 60 in a 24 hour period. He offered a graphic display depicting the zoning classifications bordering SR 60 from US 19 to McMullen Booth Road and stressed that RS-6 is not proper zoning in that area. Considering the development and changes to the SR 60 commercial corridor, CPD is the best possible zoning for the subject site. Mr. Cline addressed anticipated objections and pointed out the legal test will be whether or not RS-6 is proper zoning or if a change to CPD is warranted. He noted the historical building in contention was moved to that site, and would be donated by the applicant for removal from the site. He noted the present service station has been located at this site for more than 50 years. Mr. Cline said that, if rezoning is approved, the applicant will begin site remediation prior to construction; if the rezoning request is not approved, the cleanup date, according to law, will be the year 2009. Discussion involved lot dimensions, number of fuel pumps, poor visibility of the business, trees and buffer, location of the building on the lot, and the proximity of the proposed station to residences. The diesel fuel pump will be removed. Mr. Cline said the applicant will not agree to a preservation easement as an appropriate land limitation on this site, and is resolute in his request for a CPD zoning classification. Mr. Shuford said staff recommends the applicant's site plan and will not endorse any future change to the plan; he would oppose future building relocation or additional tree removal. The owner/applicant, R. Roy Meador, addressed the buffering between his property and that to the south. He cited family discussions and suggestions for development of the subject property in the past, and said the family wanted control of his property with no compensation to him. He argued for the right to develop his property. William S. Connolly, 317 North Hillcrest Drive, Clearwater, a neighbor, supported the right of Mr. Meador to develop his property free of regulation, saying businesses that become antiquated cannot provide adequate income. Speaking in opposition, Mike Sanders, 411 Orangeview Avenue, Clearwater, participated in the 1980 architectural and historic survey which put 509 Bayview Avenue on the Master Site file, a repository of historic structures. He noted the City Commission's vote to keep the property residential in 1985 and said conditions have not changed. Brett Parker, 716 Bayview Avenue, Clearwater, said he lived in Bayview for 17 years and cited environmental, engineering, traffic, safety and welfare, land value and use, and historical concerns and expanded on each item. Early McMullen Sorenson, 517 Bayview Avenue, Clearwater, offered exhibits illustrating the homes on Bayview Avenue, the adjacent trailer park, and the Fina station and bait shop, and pointed out the commercial strip on the north side of SR 60. He gave a brief history of the area and appealed to have the special neighborhood of Bayview preserved. Barbara McMullen Sartor, 1332 Fairway Drive, Dunedin, noted the historical significance of Bayview and remembered family gatherings. She expressed concern for her mother's property which, she said, will eventually become hers. She suggested the applicant dedicate a strip to protect the historical significance and desirability of the area. Jack Alvord, 606 Bayview Avenue, Clearwater, presented a petition from the residents of Bayview opposing the rezoning application on the basis of the historical significance and residential serenity of Bayview, negatively impacting their lives and property values. He offered supporting literature and cited restorations of various Bayview structures. It was noted Mr. Alvord's property is in the unincorporated area of the County and it was suggested that he tie into the City water system; he said he said his 120-year old well has no chemicals in it at this time, and City water would have chemicals, adding he prefers his well for as long as he can have it. Bob Wright, 400 Island Way, Clearwater, past president of the Coalition of Clearwater Homeowners Associations, said his group voted unanimously to support Bayview residents in this application. He said he represented Mr. Joseph Evich, association president, and noted a December 18, 1994 letter written by Mr. Evich, association president, to Mr. Shuford. Linda Francis, 403 Bamboo Lane, Largo, is conservation chairman of the Sierra Club, having 1,500 members in Pinellas County. She read a Resolution which indicated apprehension with known contamination and objected to the application because of potential health hazards. Ms. Francis was opposed to redevelopment of the site without cleanup. It was noted that approval of the subject application for rezoning and redevelopment of the site would involve remediation and cleanup now; otherwise cleanup is scheduled to begin in the year 2009. Mary Alvord, 606 Bayview Avenue, Clearwater, mentioned the EAB and Historical Society, and specifically cited p 60, policy 3.4.6 of Clearwater's Comprehensive Plan which restricts commercial encroachment into residential areas. She said Gulf-to-Bay Boulevard is an example of unbridled, undisciplined development, and one of the ugliest places in Florida. She suggested staff should remember who pays their salaries. J. Paul Hardman, 1712 Winchester Road, Clearwater, a professional archeologist, addressed the prehistoric value of Bayview and described it as a very significant archaeological location. He said there may be unmarked burials on the site and asked the board to consider the prehistoric aspect. Replying to a question from the board, Mr. Hardman said, to the best of his knowledge, there have been no professional archeological investigations of the area, but two local amateur groups have dug into the site. Shan Perrotte, 968 Edgehill Drive, Palm Harbor, said she grew up at 606 Bayview Avenue. She asked the board to protect Clearwater's historical heritage, extremely valuable water resource, the environment and the residents of the community. She said the applicant "cared more for money in his pocket than his own flesh and blood." Allan Stowell, 2873 Thornton Road, Clearwater, displayed and described aerial views of the Bayview area and the existing Fina site. He pointed out the 100-year old Booth house, proposed for replacement with a retention pond, and quoted from a DEP letter addressing contamination; he particularly noted benzine. Mr. Stowell indicated the support of the EAB, Historical Preservation Board, Clearwater Historical Society, and past City Commission efforts toward preservation of the subject area. He claimed only one requirement of the eleven Standards of Approval mandated in section 40.475 has been met. Acknowledging a comment from the board, Mr. Stowell said the applicant cannot be forced to clean up the property without rezoning, but a State reimbursement plan under EDI will pay for the cost of cleanup if he were willing. Mr. Stowell said he was in favor of cleanup. It was emphasized in the discussion that Mr. Meador would be required to begin site remediation upon approval of the rezoning request. Rebutting, Mr. Meador said his mother and father built the service station and store; he bought it in 1988. He said one wing has been removed from the vacant historical house, it is riddled with termites, repair is not economically feasible and, if not donated, he will probably tear it down. Breck Parker, rebutted with a caution against precedent-setting. Early Sorenson noted a lack of hardship. He cited 19 children on Bayview Avenue and described it as a wonderful place to grow up. Mr. Sorenson was reminded that the site will remain contaminated for another 14 years if the applicant's request for rezoning were denied. Mr. Sorenson suggested a relocation of the retention pond to the east side and filling it with cypress trees for a buffer; a proposed car wash could be located north of the pond. Jack Alvord said he would drink saltwater or City water before he allowed himself or the board to be blackmailed into approving the site. Barbara Sartor said her mother's property will be profoundly impacted by the proposed rezoning. Rebutting, Mr. Cline stressed the applicant meets all of the eleven Standards for Approval, the historical element is irrelevant, and the environmental issue has been addressed. He said the heavy traffic on Gulf to Bay Boulevard and adjacent commercial uses justify rezoning the site and the most appropriate use of the property is CPD. Site remediation will be time-consuming but would commence with construction. He objected to various groups' attempts to preserve historical sites at the cost of the property owner and restated the offer of donation of the houses. Mr. Shuford suggested adding the following condition: - Physical remediation of the contamination shall be initiated prior to the issuance of a building permit and shall be continuously pursued according to the State remediation plan until completion; and changing condition 1) to read: - A site plan restriction that all site lighting shall be shielded with a 90o cutoff mechanism and directed downward and away from all adjoining property shall be added prior to second reading of the rezoning ordinance and final plan approval by the City Commission. In the closing discussion, the Chairman suggested rezoning lot 2 to CPD, leaving lot 1 RS-6; Ms. Nixon agreed. Supporting the application, it was noted there is no substantial change in the use of the property and approval of the rezoning request will address contamination sooner. The plan indicates minimum tree removal. It was suggested the historical home could be accessed by the public if it were donated to Heritage Park and removal of the two houses would aesthetically improve the area. Conversely, it was opined that approval would not benefit future development in the City. The future use of lot 1 was questioned, as well as encroachment into residential property. Addition of a better buffer or wall to protect the neighbors was suggested. There have been no offers from the historical societies to move the houses with which they were concerned. A CPD presentation should provide a concept of development of the entire property. A motion was made by Mr. Carassas to approve the request subject to the three conditions recommended by staff and the above two additional conditions suggested by Mr. Shuford. The motion was duly seconded. Both Mr. Mazur and Ms. Nixon said they would vote in favor of the motion if the buffer were a 6' wall to prevent encroachment. Mr. Carassas amended his motion to include a provision that the height of the vegetative buffer be 36 inches. The amendment was seconded. Voting on the amendment, Mr. Mazur, Mr. Carassas, Mr. Keyes, Mr. Baron and Ms. Nixon voted "aye"; Chairman Merriam and Mr. Bickerstaffe voted "nay". The motion to amend carried (5-2). Calling the vote on the original motion, Mr. Keyes and Mr. Carassas voted "aye"; Chairman Merriam, Ms. Nixon, Messrs Bickerstaffe, Mazur and Baron voted "nay". The motion to approve did not pass. The board recessed at 5:00 p.m., reconvening at 5:06 p.m. B-2A. (cont. from 2/14/95) 1550-1570 Jasmine Way, Druid Groves, Blk. A, Lots 7-12, and vacated right-of-way adjacent to the West side of Lot 12. (Clearwater Community Hospital). Z 94-15 ZONE: From RS-8 (Single Family Residential) to RM 8 (Multiple Family Residential) B-2B. (cont. from 02/14/95) Clearwater Community Hospital/Richard H. Katzeff, CEO to permit noncommercial parking at 1550-1570 Jasmine Way, Druid Groves, Blk A, Lots 7-12 & ½ vacated street, zoned RM 8 (Multi Family Residential). CU 95-06 Mr. Shuford reported the applicant has requested a continuance to March 14, 1995 to enable him to amend his application and work with the neighborhood. A motion was made by Mr. Carassas to continue items B-2A and B-2B to the March 14, 1995 meeting. The motion was duly seconded and carried unanimously. B-3. (cont. from 02/14/95) REC I/Dansk Plaza Limited Partnership/Charles Strahota (Sticks and Stones Billiards) to permit on-premise consumption and package sales of beer and wine (new license) at 2790D Gulf to Bay Blvd, Sec 17-29-16, M&B 24.02, zoned CG (General Commercial). CU 95-07 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated concerns with overflow parking and the close proximity of residential property and said the applicant/operator for the alcoholic beverage business was not present. Speaking for the applicant, Ted Freed, 1933 Peppermill Drive, Clearwater, asked to make a presentation. He said he had all the information relative to the application and could answer all questions. The board indicated the attendance of the business operator was necessary to determine his background and experience. Mr. Freed said his fiduciary responsibility is to the property owner. He noted a discrepancy in the total square foot area of the center and required parking spaces and claimed Hooters patrons park on his site. He said the business is not a bar or lounge, but the license will provide refreshments for the pool players in this family entertainment site. He mentioned several intended plans of the proposed business operator, Joe Douglas. There were no persons or documents in support of or opposition to the application. In the ensuing discussion, a police report indicating a new license with no activity was mentioned. The letter from the owner granting power of attorney to obtain an alcoholic beverage license was issued to Mr. Freed in error; it should have specified the tenant. A move to continue was suggested. It was noted that approval of the proposed Thai restaurant would further complicate the parking situation. Mr. Shuford said adoption of the alcoholic beverage ordinance capped floor area for a retail complex of this type. A motion for denial was made by Mr. Mazur. The motion was duly seconded and carried unanimously. B-4. Notice of Change of Land Use, Notice of Change in Zoning for the area located at 1601 S. Greenwood Avenue and the vacant property immediately to the south, 1610 S. Missouri Avenue and the property connecting these two parcels running behind the lots on the south side of Belleair Road. Please see Public Hearing Notice for the Legal Descriptions. Z 94-12; Z 94-13; LUP 94-34; Z 94-14; LUP 94-33; Z 95-01; LUP 95-05 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He described the property as mainly wetlands and predominantly zoned Commercial Center. The proposal would designate the jurisdictional wetland area as Preservation and rezone the frontage to General Commercial, which better fits the proposed uses. The applicant will. demolish and relocate the Barnett Bank building and construct a Walgreens on the site. The corner property on Greenwood, currently a farmer's market, is proposed for Neighborhood Commercial zoning. Representing Walgreens and Barnett Bank, William Touloumis, president of Olympia Development, Inc., contract holder for purchase of the proposed site, requested that the application be approved as recommended by staff. The planned development will add to the tax base and compliment the present vacant area. There were no persons or documents in support of or opposition to the application. A motion was made by Mr. Mazur to recommend endorsement of item B-4. The motion was duly seconded and carried unanimously. B-5. Request for extension: Richard & Mildred 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 said the applicant has experienced health problems and is requesting a one-year extension, as indicated in the staff report. A motion was made by Mr. Bickerstaffe to grant a one-year extension for item B-5. The motion was duly seconded and carried unanimously. The following conditional use requests were considered: C-1. City of Clearwater Marina/Margaret Powell (Suncoast Cruises- aka Kailani) to permit on premise consumption of beer and wine (new license) at 25 Causeway Blvd, City Park Sub, Lots 10-13 & land South to seawall less leases & park area west of water lot 1, zoned P/SP (Public/Semi-Public). CU 95-12 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated the request is for alcoholic beverage sales aboard a 49 passenger sailboat berthed at the City Marina. There is no adverse information to report, and the harbormaster has indicated his approval. The dissimilarity of Empress Cruise lines' application was noted, i.e. the proximity of the dock to residential areas. The applicant, Margaret Powell, 1100 North Bayway, St. Petersburg, described the 60 ft. sailing catamaran and the licensed Coast Guard captains who crew. Evening cruises are proposed and alcohol will be sold, rather than included with the ticket price. She said the license will allow her to be competitive with other cruise boats. Mandatory attendance of the crew at the six-hour Responsible Vendor Program, required by the State, was acknowledged. There were no persons or documents in support of or opposition to the application. A motion was made by Mr. Keyes to approve the application subject to the following conditions: 1) The applicant shall obtain the required occupational license within six months from the date of this public hearing; 2) alcoholic beverage sales shall be limited to consumption on premises with no package sales; and 3) alcoholic beverage sales shall be restricted to ticketed cruise passengers only, and not to the general public. The motion was duly seconded and carried unanimously. C-2. James J. Thornton/Marybeth Flynn (La Maisonette Inc) to permit package sales of beer and wine (new license) at 1324 S. Ft Harrison Ave, Belleair, Blk 24, Lot 2 & vacated alley on west, zoned CN (Neighborhood Commercial). CU 95-13 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated the request is for a French gourmet establishment in a Neighborhood Commercial zone. Roger A. Hoover, operator of a business in Dunedin and residing in Belleair, was designated by the owner, Marybeth Flynn, to speak in her behalf. He said Ms. Flynn has lived in Pinellas County for 24 years, is a graduate of the University of South Florida with a BA in French. She has extensive business experience and has studied and worked in France. Her marketing surveys in Pinellas indicate a wide interest in French products. The Victorian structure, built in 1890, which will house the business is a historic landmark and is an excellent utilization of the property as a French food and gift shop. Her alcohol product will be finer French wines used by gourmet cooks. There were no persons or documents in support of or opposition to the application. The business owner, Marybeth Flynn, 1324 S. Fort Harrison Avenue, Belleair, said there will be package sales only and no tables for lunch. A deli-type counter for cakes, breads, pates, cheeses and chocolates is proposed. There are no plans for beer sales other than imported French beer if requested by customers. A motion was made by Mr. Mazur 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) there shall be no consumption of beer and wine on premises; and 3) the sales of beer and wine on package shall be limited to the legal hours only. The motion was duly seconded and carried unanimously. At 6:07 p.m Mr. Bickerstaffe asked to be excused from the meeting to make a phone call, returning at 6:11 p.m. C-3. LW-SSP2 LP/Daniel R. Newcombe (Golden Classics) to permit (1) outdoor retail sales, displays and/or storage of vehicles & (2) vehicle service/automobile repairs at 1928 Gulf to Bay Blvd, Sec 13-29-15, M&B 24.04, Skycrest Unit D, Blk C, part of Lot 5, zoned CG (General Commercial). CU 95-14 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated the building has been vacant for some time and the applicant is proposing to landscape the front yard, utilize the display space and provide parking on the east side of the site. A letter in opposition from a residential use in this commercial zone, was received the day before the meeting, and Mr. Shuford suggested a condition addressing hours of operation. The applicant, Daniel R. Newcombe, 3021 SR 590 #120, Clearwater, described the business, said the building was vacant for six years, and detailed his restoration and landscaping efforts. He will address the parking problem with the next door neighbor. A drive-by of the area by a board member revealed a proliferation of trailers and trucks, and the 19 parking spaces filled with exotic and towing cars; the number of spaces for customers was questioned as well as absence of curbing and a fire lane. Mr. Newcombe was complimented on his renovation of the building and agreed to address parking problems, adding his haulers will load in the Arby's parking lot. There were no persons or documents in support of or opposition to the application. Mr. Carassas left the meeting at 6:23 p.m. A motion was made by Mr. Keyes to approve item the request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; 2) the applicant shall meet all supplementary conditions for outdoor retail sales, displays and/or storage in accordance with Section 41.053(23) and for vehicle service uses as provided in Section 41.053(30) of the City Land Development Code; 3) the applicant shall obtain the necessary building permit within six months of the date of this public hearing; 4) the parking lot shall be paved and restriped within 60 days from the date of this public hearing in conformance with the Land Development Code and subject to the final approval of the City Traffic Engineer; 5) no vehicles shall be displayed for sales within any required open space or street right-of-way, and curbing shall be installed to protect these areas within 60 days from the date of this public hearing; 6) the applicant shall provide a 10 ft. perimeter buffer landscape along Gulf-to-Bay Boulevard in accordance with Section 42.27 of the City Land Development Code; 7) there shall be no major repairs involving transmission dismantling, painting, fender, and or body work; and 8) no repair work shall occur between 5:00 p.m. and 9:00 a.m. on weekdays and Saturdays, and all day Sunday. The motion was duly seconded and carried unanimously. C-4. Dimmitt Car Leasing, Inc (E's Auto Detailing) to permit vehicle service/auto detailing at 510 Pine St, Wallace's Addition, Blk 3, Lots 6-9, zoned CG (General Commercial). CU 95-15 Mr. Shuford said staff recommends continuance of this request to March 14, 1995 because the site plan does not offer sufficient information for staff to make a recommendation. He cited persons in attendance who wished to speak on the application. The applicant, Ronell Fuller, 301 Seacrest Drive, Largo, requested a continuance due to problems with the property and drawings. He said he is doing his best to comply with the code, painting, restriping and cleaning up, all of which takes time. Mr. Fuller said Dimmett has refused to scale the entire property, so he will provide a scale drawing of the site. There were no persons or documents in support of the application. Speaking in opposition, Larry Matlock, 612 Pine Street, Clearwater, said the applicant has been operating without a license for several months. He described junk cars and engines leaking oil on the premise and said the City has been lax in enforcing the code, severely impacting the neighborhood. He strongly objected to Mr. Dimmett's neglect of the property. Sue Matthew, 605 Pine Street, Clearwater, supported Mr. Matlock's views and offered photographs of the site. Stewart Whitehouse, 603 Turner Street, Clearwater, whose antique shop is located across the street, objected to the automobile parts covering the railroad r-o-w and the junk cars, adding the owner is working at the site through the night. He mentioned he heard obscene language. Mr. Whitehouse complained that the business was unlicensed and requested to see the completed site plans. Mr. Fuller explained a man who used the premise for storage left many junk cars, which Mr. Fuller has had crushed. Only a few remain and will be removed this week. He said he is doing his best to clean up the property, and repeated that it will take some time. He explained the complications he experienced with subcontracting for Mr. Marine and said his application was delayed until he got money to pay the fee. His business involves automobile waxing and cleaning, and detailing vehicles in an EPA-approved wet bay, using products approved by the EPA. A motion was made by Mr. Mazur to continue item C-4 to March 14, 1995. The motion was duly seconded and carried unanimously. It was suggested that Lt. Kronschnabl's code enforcement group address Mr. Dimmett's failure to comply with the code. C-5. Frank C. & Venie W. Brinson/Elie F. Makdissi & Jawad Biyari (Shop-N-Go Food Market) to permit package sales of beer and wine (new license) at 1760 Drew St, Woodmere Heights, Lot 31, zoned CG (General Commercial). CU 95-16 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. A 2-APS license is requested and Mr. Shuford indicated the property is vacant. The police department has no negative comments. The business will not involve the sale of gasoline and the property is presently undergoing remediation, permitted by the State. Elie Makdissi, 1760 Drew Street, Clearwater, introduced his partner, Jawad Biyari. He said he has been in this type of business in Ohio for 20 years. He said he does not intend to sell gasoline; board members expressed their objection to the sale of alcohol and gasoline at the same establishment. The property owner, Venie Brinson, 326 North Belcher Road, Clearwater, said the gasoline tanks have been removed and the property will be environmentally clean in two years. Wells are presently cleaning the underground water, contaminated when Cumberland Farms operated the business. Property owner Frank Brinson, 300 South Venus, Clearwater, spoke in support. He cited vandalism and graffiti problems and said the proposed business will be an improvement for the neighborhood. A motion was made by Ms. Nixon to approve the request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the of this public hearing; 2) a six foot high wood fence shall be installed along the west side property line within six months from the date of this public hearing; 3) there shall be no consumption of beer and wine on premises; 4) a perimeter landscaping requirements of Section 42.27 shall be provided along Drew Street prior to the issuance of a certificate of occupancy; 5) the parking lot shall be re-striped and the area for parking spaces 1-3 on the site plan shall be paved within six months from the date of this public hearing; 6) all site lighting shall be shielded with a 90o cutoff mechanism and directed downward and away from adjoining properties within six months from the date of this public hearing; and 7) within 30 days from the date of this public hearing street numbers shall be installed in accordance with City code. The motion was duly seconded and carried unanimously. C-6. William C. Lambdin & Gene Stephens TRE LAMBDIN FAMILY TRUST/Crest Lake Automotive, Inc. (Crest Lake Amoco) to permit package sales of beer and wine (new license) at 1551 Gulf to Bay Blvd, Boulevard Pines, Blk A, Lots 1-2 & part of Lot 3, zoned CG (General Commercial). CU 95-17 Mr. Shuford gave the background of the application and presented, in writing, the staff recommendations. He indicated this is a transfer of ownership and no negative comments have been received from the police department. The applicant, John Steven Collins, 11474 92nd Way North, Largo, said the requested license is needed to be competitive in business at this particular location. The cleanup issue has been addressed. He mentioned a When to Say No program offered by the oil company and said he and his staff will attend. A question was raised relative to drivers who buy single cans of beer. Mr. Collins cited the loss of customers who request the sale of alcohol at this site. The Chairman noted the trend is toward conducting this type of business at gasoline stations. Following a spirited discussion, Mr. Shuford suggested this issue be discussed at length at a future meeting to establish policy direction which will enable staff to make future recommendations in accordance with the wishes of the board; the board members agreed. A motion was made by Ms. Nixon to approve the request subject to staff's conditions with the addition of: 3) that no less than a six-pack of beer be sold. The motion was duly seconded. An objection to condition 3) as prejudicial to this single business man was raised . Upon the vote being taken, Ms. Nixon and Mr. Mazur voted "aye"; Chairman Merriam, Mr. Bickerstaffe, Mr. Keyes, Mr. Baron and Mr. Carassas voted "nay". The motion did not pass. A motion was then made by Mr. Keyes 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; and 2) the parking lot shall be restriped and the broken areas repaved within 60 days from the date of this public hearing. The motion was duly seconded and Chairman Merriam, Mr. Bickerstaffe, Mr. Keyes, Mr. Baron and Mr. Carassas voted "aye"; Ms. Nixon and Mr. Mazur voted "nay". The motion carried. The following annexation, zoning, Land Use Plan Amendment, Land Development Code Text Amendment and Local Planning Agency Review items were considered: D-1. (cont. from 1/24/95) Ordinance No. 5766-95 of the City of Clearwater, Florida, relating to the Land Development Code; amending Sections 36.033, 36.066, 36.083, 37.21, 40.674, 43.03, 43.04, 43.21 through 54.23 and 54.53, Code of Ordinances, to delete the requirement for receipt and referral of annexations, subdivision plats, site plans, zoning atlas amendments and Comprehensive Land Use Plan amendments; to provide for variance approval by the Planning and Zoning Board; to require the posting of properties which are the subject of proposed site plans and subdivision plats; to authorize the Development Code Administrator to certify site plans and subdivision plats; to authorize the City Manager to determine whether to require the conveyance of land or payment of cash, or a combination thereof, to satisfy the recreation land impact fee and open space impact fee; providing an effective date. Mr. Shuford called the attention of the board to p 6 of the ordinance and the specific site plan requirements which address the main concerns of the board; also the underlined paragraph, center p 6, involving modifications to site plans. He suggested continuance to the next meeting to afford time for discussion. A motion was made by Mr. Carassas to continue item D-1 to March 14, 1995. The motion was duly seconded and carried unanimously. A technical correction, p 3 sec (h) should read "variances associated with conditional uses". D-2. Ordinance No. 5782-95 of the City of Clearwater, Florida, relating to the Land Development Code; amending Sections 40.503, 40.504 and 40.505, Code of Ordinances, to establish new permitted and conditional uses and associated use limitations for the limited industrial zoning district; amending Section 41.053, Code of Ordinances, to provide supplementary standards for conditional use approval for indoor commercial recreation, the added conditional use; providing an effective date. Mr. Shuford said this amendment will address additional conditional and permitted uses in a Limited Industrial district. He exampled an industrial complex with a multitude of uses and the inability to move one use to another location because it was disallowed in the Limited Industrial district. He added that the proposed amendment will allow a wider range of uses with controls over those that are appropriate. Following a brief discussion, a motion was made by Mr. Carassas to recommend endorsement of item D-2. The motion was duly seconded and carried unanimously. The following Chairman's items were considered: Addressing the revised Rules and Regulations of the board, a lengthy discussion ensued about the rule governing Motion to Reconsider. In response to concerns, it was suggested that reconsideration either be at the discretion of the board or be eliminated. It was noted in the absence of specificity from the board, Roberts Rules prevail. The board agreed to continue this item and Mr. Shuford will consult the City Attorney on this matter and formulate alternatives. There were no Director's items for consideration. The following are Board and Staff comments: Limiting discussion issues pertinent to the request and applications for licenses "after the fact" were discussed. Mr. Shuford said he needed some consistency in this regard and a case-by-case basis can be anxiety-producing for both the applicant and the board. A joint meeting with the City Commission was suggested; the board agreed. Mr. Mazur's reappointment for another four-year term was noted. There being no further business, by motion duly seconded, the meeting adjourned at 8:05 p.m. _______________________________ Scott Shuford Director, Central Permitting