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08/15/1995 PLANNING AND ZONING BOARD August 15, 1995 Members Present: Kemper Merriam, Chair Jay Keyes, Vice Chair Robert D. Bickerstaffe Edward Mazur Brenda Nixon Bernie Baron Members Absent: John Carassas (resigned) Also Present: Lou Hilton, Senior Planner, Central Permitting John Richter, Senior Planner, Central Permitting Gwen Legters, Board Reporter, City Clerk Department The meeting was called to order by the Chairman at 2:00 p.m. in the Commission Chambers of City Hall, followed by the Invocation and Pledge of Allegiance. He 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, may appeal through the City Clerk Department within two weeks. He noted Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. In order to provide continuity, the items will be listed in agenda order although not necessarily discussed in that order. A. Approval of Minutes - July 17, and August 1, 1995 Member Nixon requested correction of the July 17 minutes on page 7, first paragraph. She stated "Cocoa Walk" should be spelled "Coco Walk". She indicated this walk is located in Miami's Coconut Grove and was proposed for Ybor City. Member Mazur moved to approve the minutes of July 17, 1995, as corrected. The motion was duly seconded and carried unanimously. Member Nixon requested amendment of the August 1 minutes on page 8, last paragraph under Board and Staff Comments. She stated only Member Carassas wanted traffic signals replaced and she did not want to give the impression the entire Board endorsed replacement. Member Bickerstaffe moved to approve the minutes of August 1, 1995, as amended. The motion was duly seconded and upon the vote being taken, Members Keyes, Mazur, Nixon, Baron and Bickerstaffe voted "Aye"; Member Merriam abstained. Motion carried. B. Requests for Extension, Deferred and Continued Items 1. (continued from 8/1/95) Fred Berger TRE / Jeffery M. Dickman Trust / Rashid Ali (Danish Food Mart Inc d/b/a Quick Pick Food Store) to permit package sales of beer and wine (change of business ownership) at 280 Windward Passage, Sec 08-29-15, M&B 13.04, zoned CG (General Commercial). CU 95-47 This item was continued from the meeting of August 1 to authorize a local representative. An affidavit authorizing Jitendra Trivedi was sworn by Rashid Ali on August 7, 1995. Mr. Hilton gave the background of the case and presented, in writing, the staff recommendation. He stated staff recommended approval with two conditions. He noted the applicants have been working with zoning staff to bring the signage into compliance. In response to a question, he felt 14 days will be enough time to obtain the permits. Jitendra Trivedi, representing the applicant, stated he is in the process of obtaining permits for the attached signs discussed in the last meeting. In response to a question, Mr. Trivedi stated he previously operated a business of this type in New York. No one was present to speak in support or opposition to the request. Member Keyes moved to approve Item B1 subject to the following conditions: 1) The sale of alcoholic beverages shall be limited to the package sale of beer and wine, with no on premise consumption; and 2) Sign permits for two attached wall signs shall be obtained within 14 days of the date of this public hearing. The motion was duly seconded and carried unanimously. C. Conditional Uses 1. REC I/Dansk Plaza Ltd/Solid Gold Enterprises of St. Petersburg, Inc. (Bob Cats Sports Bar) to permit nightclubs, taverns and bars and package sales of beer, wine and liquor (change of ownership) at 2974 Gulf to Bay Blvd Sec 17-29-16, M&B 24.02, zoned CG (General Commercial). CU 95-49 Mr. Hilton gave the background of the case and presented, in writing, the staff recommendation. He stated staff recommended approval with three conditions. Robert Smith, representing the applicant, stated the present owner is selling the business due to health problems. He said he has been trying to buy a business in Clearwater for seven years. He described the business as a neighborhood tavern and indicated he plans to serve sandwiches to the primarily blue collar clientele. He said he will clean up the property and eventually hopes to expand the operation to have a working kitchen. Mr. Smith stated he is a retired police officer from Cleveland and does not intend to operate the establishment as anything other than a neighborhood bar. In response to questions, Mr. Smith stated he will actively manage the business and will meet the conditions of approval. It was noted the space allowance for alcoholic beverages in the shopping center has been exceeded. He indicated he was aware of this. He did not know how long the other alcoholic beverage establishment would remain. No one was present to speak in support or opposition to the request. Member Mazur moved to approve Item C1 subject to the following conditions: 1) The requisite occupational license shall be obtained prior to the start of business; 2) there shall be no outdoor entertainment, seating or speakers; and 3) there shall be no customer accessible display areas for package sales. The motion was duly seconded and carried unanimously. 2. Lionel G. James, Edson F. Denny, Joel T. Brannen, Howard D. and Lynda B. Cowden / Walgreens to permit package sales only of beer, wine and liquor (new license) at 1801 Gulf to Bay Blvd Sec 13-29-15, M&B 32.17, 32.18, and 32.22, zoned CG (General Commercial.) CU 95-50 Mr. Hilton gave the background of the case and presented, in writing, the staff recommendation. Staff recommended approval with five conditions. Harry Cline, attorney representing the applicant, stated this location is on the southeast corner of Keene Road and Gulf to Bay Boulevard. The proposal is to clear the site and construct a new freestanding Walgreens store. He detailed the retail floor area requirements and stated the alcoholic beverage sales area is to be removed from the general retail area, consistent with other Walgreens operations. He indicated they set a very high standard for responsible alcoholic beverage sales and are known for their extensive employee training and security measures. He said the application meets all code criteria and is compatible with area zoning. Acceptable ingress and egress will exist, and there will be no problems with noise, lighting, or negative impacts to the community. He stated staff conditions are acceptable. Concern was expressed outdoor lighting could disturb the neighbors. Mr. Hilton agreed a condition concerning the lighting might be appropriate. No one was present to speak in support or opposition to the request. Member Nixon moved to approve Item C2 subject to the following conditions: 1) The requisite site plan shall be certified within three months from the date of this public hearing; 2) The requisite building permit shall be obtained within six months from the date of certification of the site plan; 3) The requisite certificate of occupancy and occupational license shall be obtained within six months from the date of issuance of the building permit; 4) The gross floor area for the liquor store shall not exceed 15 percent of the total gross floor area of the proposed retail complex; 5) The applicant shall obtain a parking variance or otherwise meet the parking requirements; and 6) All on-site lighting shall have 90-degree cutoffs and shall be directed away from abutting street rights of way and residential properties. 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. (cont. from 6/27/ & 7/18/95) 1221 & 1256 Bay Ave, 317, 323 & 325 Pinellas St, and 1225 Reynolds Ave, Westover Sub, Blk B, Lots 1-2 & 17, C. Perry Snell's Bluff View Court, Lots 22-24, and S.J. Reynolds Sub, Lot 8 (Morton Plant Hospital Association and Evmorphia M. Kralis) Z 95-02; LUP 95-13 LUP: From Residential/Office General to Institutional ZONE: From OL (Limited Office) to MPD (Master Planned Development) Member Mazur declared a conflict of interest with regard to this case. Mark Marquardt, attorney representing the applicant, stated they are close to working out the details of the project and requested a 30 day extension. In response to a question, he stated this is the third extension request. Member Bickerstaffe moved to continue Item D1 to the next meeting. The motion was duly seconded and, upon the vote being taken, Members Merriam, Keyes, Nixon, Baron and Bickerstaffe voted "Aye"; Member Mazur abstained. Motion carried. 2. 1920 & 1924 Douglas Ave Sunset Point 2nd Addition, Blk G, Lots 26 & 27 (Hellenic Orthodox Traditional Church of America) Z 95-92; LUP 95-13 LUP: From Residential Urban to Institutional ZONE: From RM-8 (Multi-Family Residential) to P/SP (Public/Semi Public) George Nikitakis, representing the applicant, stated two lots adjacent the church have recently been acquired. Parishioners have been working with City staff on a proposal to expand the existing facilities. Two deteriorated houses on the northern lot are to be razed. Mr. Nikitakis outlined plans for the church, to include a Greek language school and a child day care facility. In response to questions, Mr. Nikitakis stated he understood the day care would require conditional use approval under the requested zoning. He said he has been working with City staff and the child day care licensing agency regarding space requirements. One member expressed concern that surrounding residential property owners might oppose an outdoor play area. Mr. Nikitakis said he has talked to the neighbors and no objections have been expressed. It was suggested he submit letters from surrounding property owners in support of his proposal. In response to a question, Mr. Nikitakis responded they have alternatives to the current proposal and are willing to follow the Code requirements. They simply want to serve the needs of the parishioners. Member Nixon moved to endorse Item D2 to the City Commission. The motion was duly seconded and carried unanimously. 3. 1551, 1555, 1559, 1563, 1567 & 1571 Druid Rd, Druid Groves Sub, Blk A, Lots 1-6 and ½ vacated street (Clearwater Community Hospital) Z 95-06 ZONE: From RM-8 (Multiple Family Residential) to RPD (Residential Planned Development) Mr. Hilton gave the background of the case and presented, in writing, the staff recommendation. He said staff recommends endorsement to bring the north half of an existing non-commercial employee parking lot into the same zoning as the rest of the site. In response to a question, Mr. Hilton indicated it is not necessary for the applicant to appear. Member Keyes expressed concern residents along Magnolia Drive were not notified due to their location outside the 200 foot radius. Mr. Hilton said staff has been working very closely with residents along Jasmine Way, to provide a six foot wall and appropriate landscape buffering. No one was present to speak in support or in opposition to the request. One member wished to clarify the reason it was not necessary for the applicant to appear. The applicant was present, to address staff and the public, at previous hearings related to this project. It was indicated today's action is a formality to complete a previous condition of approval. For an original zoning change application, the applicant's presence is required as stated on the application. Member Bickerstaffe moved to endorse Item D3 to the City Commission. The motion was duly seconded and carried unanimously. 4. Ordinance 5889-95 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 35.11, Code of Ordinances to define "vehicle sales" ; amending Chapter 40, Code of Ordinances, by adding permitted uses in the following zoning districts: Neighborhood Commercial, Beach Commercial, Resort Commercial 24, Resort Commercial 28, General Commercial, Infill Commercial, Highway Commercial, Commercial Center, Multiple Family Residential 16, Multiple Family Residential 20, Multiple Family Residential 24, Multiple Family Residential 28, Limited Office, General Office, Downtown/Mixed Use, Urban Center (Bayfront), Urban Center (Core), Urban Center (Transition), Public/Semi-Public, Open Space/Recreation and Research, Development and Office Park Districts; amending Sec. 41.053, Code of Ordinances, to add conditional uses in Neighborhood Commercial, General Commercial and Highway, providing an effective date. Reading from charts supplied to the Board, Mr. Hilton outlined proposed zoning changes in the residential, office, and commercial districts. He explained this ordinance is an attempt to streamline development procedures, primarily by identifying uses that could be reclassified as permitted without adversely affecting the neighbors. Member Keyes commended Mr. Hilton for the format of the presentation. The Board expressed concerns related to switching various uses from conditional to permitted. Among the areas of concern were video and electronic game rooms, veterinary and animal grooming/boarding facilities and Clearwater beach conversions from hotel/motel to business and professional offices. John Richter, Senior Planner, responded to questions regarding the Bayfront subdistrict, located west of Osceola Avenue. Member Nixon expressed concern with art galleries being restricted as accessory uses to multiple family residential dwellings with more than 100 units. Lengthy discussion ensued regarding this issue. The rationale for the restriction was not known and Mr. Richter stated he would investigate. Concern was expressed with repetitive language in the Code, and numerous instances were cited. It was requested staff find a way to highlight new amendments to make them easier to locate in the Code. Lengthy discussion ensued regarding Code and supplement format. Mr. Richter noted the last recodification was done in cooperation with the former City Attorney to make the code easier to use. He felt it is likely to be done again within the next few years. One member felt the Planning and Zoning Board should be consulted to provide input from the lay person's point of view. Mr. Richter and Mr. Hilton responded to questions regarding zoning districts listed in the proposed ordinance. Mr. Richter stated these are a part of the downtown plan reviewed two years ago by the Board. Discussion continued regarding the area northwest of downtown. Mr. Richter stated there are many other zoning districts in the City which are not represented in this ordinance. It was noted, under open space recreation zoning, indoor retail sales are permitted uses when in conjunction with golf courses. One member felt this should apply to other sports facilities as well. For example, it was felt having juice bars at tennis courts would be beneficial. One member expressed concern with limiting the area served by permitted uses within research, development and office park districts. It was questioned how this could be proved, or how development could proceed if it was not known what else was planned. Mr. Richter indicated he would review this section and consider deleting the added text. Discussion ensued regarding other instances of redundant or contradictory language. One member suggested, when creating Infill Commercial districts, referring to a working model development could be easier than trying to describe development standards on paper. The Lakeview development was cited as an example. Member Bickerstaffe moved to recommend Ordinance 5889-95 be reworked and brought back to the first Planning and Zoning Board meeting of October. The motion was duly seconded and carried unanimously. E. Chairman's Items Member Merriam announced the resignation of John Carassas from the Planning and Zoning Board and wished him good luck in his new endeavor. F. Director's Items - None G. Board and Staff Comments It was indicated the Board did not realize there is a third meeting in August and the intent in Item D1 was to approve a continuance to the first meeting in September. Consensus was to approve the requested 30 day extension. Staff was requested to make the necessary arrangements. Member Bickerstaffe felt it is premature to have a referendum for developing the downtown waterfront before the new bridge from the mainland is completed. He felt the focus should be on developing the upland areas of downtown and the referendum should be delayed until March. He questioned other members' thoughts on this and whether a letter of recommendation to this effect should be sent to the City Commission. Member Bickerstaffe also requested the Board's thoughts concerning the observation tower contract being considered for Clearwater beach. No objections were expressed with regard to having a tower. Questions were raised concerning the exact location, indicated to be north of the Adams Mark hotel. Member Nixon felt it should be located by the water tower. Member Bickerstaffe felt this Board's recommendation should be sought and considered when studying this type of issue. Member Bickerstaffe expressed concerns regarding the potential crowd, mess and sand removal associated with a proposed sand castle attraction on Clearwater beach. While this is not within the scope of the Board's authority, Mr. Bickerstaffe wished to express his objections in the sunshine. It was indicated members may discuss matters not on the Planning and Zoning Board agenda. Member Bickerstaffe stated he will not be present at the next meeting. H. Adjournment The meeting adjourned at 3:58 p.m. Chair