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12/19/1995PLANNING AND ZONING BOARD CITY OF CLEARWATER December 19, 1995 Present: Kemper Merriam Jay Keyes Robert D. Bickerstaffe Edward Mazur Brenda Nixon Bernie Baron Frank Kunnen Chair Vice Chair Board Member Board Member Board Member Board Member Board Member   Leslie Dougall-Sides Sandy Glatthorn Patricia O. Sullivan Assistant City Attorney Central Permitting Manager Board Reporter           The meeting was called to order by the Chair at 2:00 p.m. in City Hall, followed by the Invocation and Pledge of Allegiance. He outlined meeting procedures and the appeal process. To provide continuity, items are listed in agenda order although not necessarily discussed in that order. Minutes Approval - December 5, 1995 Member Bickerstaffe moved to approve the minutes as submitted in writing to each member by the Board Reporter. The motion was duly seconded and carried unanimously. Requests for Extension, Deferred and Continued Items - None. Conditional Uses 1. Edward A. & Carol J. Jones (Companion Animal Hospital) to permit animal grooming and/or boarding facilities at 1465 Jordan Hills Ct, Lots 5 & 6 and part of Lot 7, zoned CG (Commercial General) & OL (Limited Office). CU 95-68 Central Permitting Manager Sandy Glatthorn indicated the requested use was grandfathered and Item C.1 had been withdrawn. 2. Peter Gianfilippo/Hitchcock Mason Inc. (P.J.'s Auto Sales-Classic Cars) to permit outdoor retail sales, displays and/or storage and vehicle sales at 1370 Cleveland St., Overbrook Sub, Blk 1, Lots 1-7 & 12-20 and vacated alley to the North, zoned CG (Commercial General). CU 95-69 A fax received on December 19, 1995, from Peter Gianfilippo requested the hearing be rescheduled because his representatives were not present. Member Keyes moved to continue Item C.2 to January 9, 1996, at the request of the applicant. The motion was duly seconded and carried unanimously. 3. Polish Center of John Paul II, Inc., to permit on premise consumption of beer, wine, and liquor, in conjunction with a fraternal organization at 1521 N. Saturn Ave, Sec 02-29-15, M&B 44.02, zoned P/SP (Public/SemiPublic). CU 95-70 Ms. Glatthorn explained the background of the case and presented written staff recommendations. The request for a conditional use permit is to allow alcoholic beverage sales for on premises consumption only, in conjunction with the fraternal organization, the Polish Center of John Paul II, Inc., at 1521 N. Saturn Avenue. The property previously was occupied by the Marine Corps League of Florida, a fraternal organization that offered on-premise alcoholic beverage sales. The applicant will need to comply with City sign permitting requirements regarding the unpermitted wall sign above the front entrance. Eugene Worobec, President of the Polish Center of John Paul II, Inc., was required to be present as no arrangements had been made for alternative representation. He said he was familiar with the recommended conditions and agreed with them. Ms. Glatthorn noted residents live south and west of the subject property. It was felt limits to the hours of liquor service should be governed by State guidelines and the organization should adhere to the City's noise ordinance. Concern was expressed that on-site lighting not be directed off premises. Mr. Worobec said he would address that matter. In answer to a question, he said his organization is applying for a new alcoholic beverage license. Member Nixon moved to approve Item C.3 subject to the following conditions: 1) All consumption of alcoholic beverages shall be on premises, interior only, with no sales for off premises consumption; 2) There shall be no outdoor entertainment, seating or speakers; 3) All site lighting shall be provided with a 90 degree cutoff mechanism with the light being directed away from adjoining residential properties and street rights-of-way; and 4) A sign permit shall be obtained for the existing wall sign within 14 days of the date of this public hearing. The motion was duly seconded and carried unanimously. 4. Albert L. & Mary H. Rogero, Jr. (Graphic Displays) to permit manufacturing at 1150 Gould St., Revised Map of R.H. Padgett's Subdivision of original Lots 2 & 5, part of Lot 13, zoned UC(E) (Urban Center/Eastern Corridor/Subdistrict). CU 95-71 Ms. Glatthorn explained the background of the case and presented written staff recommendations. The applicant wishes to establish a manufacturing business to produce scale models of products, buildings, and other displays for use in trade shows and other demonstration purposes. A small office previously occupied the 880 square foot subject building. No additional parking will be required. Applicant Joe M. Spiewak said he plans to manufacture signage and computer generated models. He will use a table saw and staple gun. In addition, he will apply computer graphics to Plexiglas and produce literature racks and small wall units. Concern was expressed about use of chemicals. Mr. Spiewak said he uses water based paint and will submit samples to the Fire Department. In answer to a question, he said sound will not emanate from the building. He agreed not to store materials outdoors. Member Kunnen moved to approve Item C.4 subject to the following conditions: 1) The requisite occupational license shall be obtained prior to the start of business but no later than six months from the date of this public hearing; 2) All work shall be conducted indoors; and 3) All materials and equipment related to the manufacturing use shall be stored indoors. The motion was duly seconded and carried unanimously. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment and Local Planning Agency Review 1. ORDINANCE NO. 5956-95 OF THE CITY OF CLEARWATER, FLORIDA; AMENDING SECTIONS 21.10 AND 42.35, CODE OF ORDINANCES, TO PROVIDE FOR THE TEMPORARY STORAGE OF RECREATIONAL VEHICLES FOR LODGING PURPOSES AT THE HARBORVIEW CENTER; PROVIDING AN EFFECTIVE DATE. Ms. Glatthorn noted some exhibitors at Harborview craft shows will want to "lodge" temporarily in their recreational vehicles for the duration of the show, typically two or three days. Staff determined such lodging, on a limited scale, creates no public safety or appearance concerns. Staff recommends approval of this ordinance. Upon adoption, Harborview staff intends to develop a parking plan for these vehicles in conjunction with City staff. Concern was expressed concerning language in Sec. 42.35(1), ". . .in accordance with rules established by and with the express permission of the management of the Harborview Center and the City Commission. . ." Ms. Dougall-Sides said the wording was based on the City Commission's review of the issue. She presumed rules will be approved by resolution. Concern was expressed the proposed language requires everyone wishing to lodge in their vehicles to obtain permission from the City Commission. A suggestion was made for the City Commission to establish the rules and Harborview staff be responsible for granting permission. It was noted the parking lot could become unsightly and resemble a campground if "lodgers" are permitted to set up barbecues, umbrellas, and chairs. It was questioned why the ordinance did not include proposed rules and concern was expressed the Planning & Zoning Board may not approve of rules that are developed. It was noted the area designated for these vehicles could be in the City parking lot below City Hall. It was suggested the word "vicinity" be defined. Concern was expressed a large number of exhibitors with recreational vehicles could fill much of the Harborview Center parking lot and leave little room for attendees. A question was raised if other area convention centers make similar allowances for exhibitors. If not, it was recommended that this request be denied. If this practice is permitted, it was noted local businesses such as hotels/motels and restaurants would lose peripheral income generated by the center. It was felt giveaways should not be permitted. Member Bickerstaffe moved to approve providing for the temporary storage of recreational vehicles for lodging purposes at the Harborview Center. The motion was duly seconded. It was suggested the language designate "City-owned" parking lots. Concern was expressed semi-trailer trucks parked in the Harborview Center lot would detract from the vista of motorists driving from downtown to Clearwater beach. It was recommended that the ordinance be sent back to include rules with which the Board can concur. Ms. Glatthorn noted there was some urgency regarding the ordinance as the Harborview Center is scheduled to open in January 1996. It was noted, in addition to recreational vehicles, the proposed language allows trucks and trailers Ms. Dougall-Sides said the intent was to address recreational vehicles only. It was suggested that lodging be limited to vehicles parked below City Hall. Another recommendation was made not to allow this type of "lodging" as exhibitors could stay in hotels or campgrounds. Concern was expressed that the Harborview staff had not addressed this matter six months ago. Member Bickerstaffe withdrew his motion. The seconder agreed. Ms. Dougall-Sides said she would fine-tune the language and bring back an ordinance with rules to identify specific locations where recreational vehicles may be parked. It was noted the ordinance must address "lodging" as recreational vehicles may be permitted to park, but not house lodgers. Member Nixon moved to continue Item D.1 until the January 9, 1995 meeting. The motion was duly seconded and carried unanimously. Chairman's Items Chair Merriam reported the Board will elect a Chair and Vice-Chair and review Board policies and procedures at the next Planning & Zoning meeting on January 9, 1995. He recommended the Board review procedures #9 and #10 in reference to final rebuttal. He noted some of those who oppose applications want an opportunity to rebut the applicant. The Board will address this issue at the next meeting. Chair Merriam thanked Member Keyes for arranging the holiday luncheon. Director's Items Ms. Glatthorn distributed copies of a proposed Conditional Use Application that included new wording indicating the property owner or duly authorized representative must attend the Planning & Zoning hearing. Concern was expressed regarding the deadline for filing the Application. Ms. Dougall-Sides said the applicant can file a written authorization letter naming a representative with Central Permitting up to one minute prior to the hearing. Some applicants may hand in that authorization at the hearing. It was noted the language states the authorization must be filed at the Central Permitting office. Ms. Dougall-Sides said that requirement provides staff the opportunity to review the request for irregularities. She suggested the Board may wish to change the deadline to 5:00 p.m. the day before the hearing. It was felt the owner should be able to authorize representation during the hearing. It was hoped the use of bold type will eliminate confusion regarding this requirement. It was suggested that the second sentence read ". . .if the owner does not attend the meeting, a representative must have written authorization to appear from the owner or listed representative." It was suggested that staff note this requirement verbally to all applicants when accepting conditional use applications. It was recommended that this requirement be listed near the top of the application. Another recommendation was made to move the paragraph addressing this matter before the signature information. Ms. Glatthorn reported staff provides each applicant with a copy of this application and highlights this requirement. She will bring back a revised application. Board and Staff Comments Member Keyes said the CBA (Clearwater Beach Association) has requested the City Commission revisit the liquor ordinance. Clearwater's law is more stringent than State law regarding the sale of alcoholic beverages at hotels. The State allows such sales in hotels with 50 or more rooms. City regulations limit sales of alcoholic beverages to hotels with at least 100 rooms. He said the CBA would like the law changed to allow hotels with at least 50 rooms to be able to provide in-room refrigerated mini-bars for guests. He said bar service is not being requested for these properties. Member Keyes moved to request the City Commission to allow in-room liquor service bars only in the rooms of hotel properties with at least 50 rooms in conformity with State law. The motion was duly seconded and carried unanimously. It was requested that this request be sent as a separate letter to the City Commission. Adjournment The meeting adjourned at 3:17 p.m. Chair Planning and Zoning Board  Attest:   Board Reporter