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08/18/1998PLANNING AND ZONING BOARD CITY OF CLEARWATER August 18, 1998 Present: Douglas Hilkert Chair Gerald Figurski Vice-Chair Edward Mazur Board Member Frank Kunnen Board Member Rick Anderson Board Member Leslie Dougall-Sides Assistant City Attorney Sandy Glatthorn Planning Administrator Etim Udoh Senior Planner Teresa Mancini Planner Miles Ballogg Environmental Specialist Brenda Moses Board Reporter Absent: David Gildersleeve Board Member Steven Chandler Board Member The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation, Pledge of Allegiance, and a review of meeting procedures and the appeal process. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM A - Minutes of Previous Meetings - August 4, 1998 Member Kunnen requested sentence 3, page 5, paragraph 3 read “... Figurski, Anderson, and Gildersleeve voted “Aye”...”. Planning Administrator Sandy Glatthorn requested adding Lt. Kronschnabl to the list of those present on page 1. Consensus was to approve the minutes as corrected. ITEM B - Requests for Extension, Deferred, and Continued Items - None. ITEM C - Conditional Uses 1. Lisa Alberico, Trustee (Fuzzy’s Sports Bar & Grill) to permit nightclubs, taverns, and bars (change of license designation) at 1270 S. Highland Ave., Forest Hill estates, Unit 4, Lot 161, zoned CG (General Commercial). CU 98-31 The applicant is requesting conditional use approval to allow nightclubs, taverns, and bars at 1270 South Highland Avenue. The applicant intends to transfer an existing 4 COP SRX alcoholic beverage license to a 4 COP license. The applicant intends to operate this establishment as a restaurant and bar. Commercial uses surround the property to the north, south, and west, and consist of primarily restaurant and retail uses. Staff recommends approval subject to conditions. In response to a question, Planner Teresa Mancini said the applicant’s request includes an application for a parking variance. The applicant has an occupational license to operate a restaurant and is required to obtain a license to operate a nightclub. Steven Watson, representative, stated the applicant has an agreement with an adjacent property owner for additional parking. Two persons spoke in opposition, citing: 1) past police calls due to loud music, rowdiness, and foul language; 2) automobile damage to a fence adjacent to the property; 3) debris tossed into a neighbor’s yard; 4) the safety of small children who live nearby; and 5) fear of gunfire through windows. Mr. Watson said the landscape buffer will prevent cars from striking neighbors’ fences. The applicant intends to contact residents regarding their concerns. The music sound level can be easily controlled since there is no live entertainment. No complaints have been made since Mr. White purchased the property. In response to a question, Mr. Watson said parking at the adjacent property is under-utilized and many area businesses close at 5:00 p.m., freeing additional parking for the subject property. In response to a question, Jerry White, restaurant operator, said the ratio of alcohol/non-alcohol sales is 50:50. Member Figurski moved to approve Item CU 98-31, subject to conditions: 1) the applicant shall obtain the requisite occupational license within 6 months from the date of this public hearing; 2) the applicant shall provide landscaping in accordance with Section 42.27 to include a 10-foot landscape buffer along the west property line after review and approval of a landscape plan prior to obtaining an occupational license; 3) the applicant shall provide 110 parking spaces at this site in accordance with Section 42.34 and the requirements for a nightclub or the applicant shall obtain a parking variance for the required number of spaces prior to obtaining an occupational license; 4) there shall be no outdoor entertainment, seating, or speakers; 5) the sale of alcoholic beverages shall be limited to on-premise consumption with no package sales; and 6) the hours of operation shall be limited to 11:00 a.m. until 2:00 a.m., 7 days a week. The motion was duly seconded. It was stated the code indicates nightclubs are establishments with alcohol sales comprising more than half the sales of that business. Upon the vote being taken, the motion carried unanimously. ITEM D - Annexation, Zoning, Land Use Plan Amendment, land Development Code Text Amendment, and Local Planning Agency Review 1. 2355 Nursery Road, Pinellas Groves, Se. 19-29-16, SW 1/4, part of Lot 18 (Kim B. Wong) A 98-24 LUP: Residential Suburban ZONE: RS 2 (Single Family Residential) The applicant wishes to annex a single family residential property at 2355 Nursery Road to obtain sewer service. The applicant will be responsible for the cost of an extension from the existing manhole at Nursery Road. Staff recommends approval. Terence Drunasky, general contractor, stated ownership of the 2 homes on the property was divided due to a divorce. The home toward the back of the property is not included in this annexation request. Member Mazur moved to approve Item A 98-24 as requested. The motion was duly seconded and carried unanimously. 2. ORDINANCE NO. 6324-98 OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT GULF BOULEVARD, SAND KEY, CONSISTING OF METES AND BOUNDS 14/04, 14/05, AND 14/06, WHOSE POST OFFICE ADDRESS IS 1370 GULF BOULEVARD, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL HIGH (RH); PROVIDING AN EFFECTIVE DATE. and ORDINANCE NO. 6235-98 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON GULF BOULEVARD, SAND KEY, CONSISTING OF METES AND BOUNDS 14/04, 14/05, AND 14/06, WHOSE POST OFFICE ADDRESS IS 1370 GULF BOULEVARD, FROM COMMERCIAL GENERAL (CG) TO MULTIPLE-FAMILY RESIDENTIAL TWENTY-EIGHT (RM-28); PROVIDING AN EFFECTIVE DATE. The applicants are requesting a zoning change from Commercial General (CG) to Multiple Family Residential “Twenty-Eight” (RM-28), and a Land Use Plan Amendment from General Commercial to Residential High for property presently developed with the Gallery Restaurant. The rezoning is required to construct high-rise condominiums. The preferred land use in this district is multiple family development. The site is under 1 acre (0.96 acre), therefore the proposed Land Use Plan Amendment would qualify as a Type A subthreshold amendment in accordance with Division 5.3 of the Countywide Rules, and ordinarily would not be subject to substantive Pinellas Planning Council (PPC) review. Twenty-six (26) dwelling units per gross acres or as permitted by the Comprehensive Plan, whichever is less, will be allowed for this project. The proposed zoning district supports the multiple family development, the preferred land use in the district. Staff recommends approval. In response to a question, Ms. Glatthorn said the difference between the applicant’s application and the City’s property designation property is related to the preservation area. The subthreshold refers to the area being rezoned and amended, not the entire property. Four persons spoke, citing: 1) need information regarding if any plans are being developed with the adjacent Johnson property; and 2) more timely notice of requests to be heard by the Planning and Zoning Board; and 3) a lack of information. It was requested the item be continued. It was stated the board makes recommendations to the City Commission, who makes the final decision. Ms. Glatthorn will notify the City Clerk’s office regarding the timeliness of mailings. This board addresses rezoning requests, not site plans. In response to a question, Ms. Glatthorn said the RM-28 designation requires 25% open space requirements, a 25-foot street setback, and a 12-foot side and 15-foot rear setback. CG zoning only requires a 15% open space requirement, a 25-foot street setback, and 10-foot side and rear setbacks. In response to a question, Ms. Glatthorn said the Commission does not review site plans that do not require variances. Signs are placed on subject properties when site plan approval requests are received to encourage residents to contact the Central Permitting Department with questions. In response to a question, she said the abutting property does not require rezoning. Sam Codomo, representative, said this request will improve property values in the surrounding area. It was noted this development will increase tax revenues. Member Figurski moved endorsement of Items Z 98-09 and LUP 98-07 as presented. The motion was duly seconded and carried unanimously. 3. ORDINANCE NO. 6322-98 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY BORDERED ON THE SOUTH BY PALM BLUFF STREET, ON THE EAST BY PENNSYLVANIA AVENUE, AND ON THE NORTH BY LA SALLE STREET, CONSISTING OF UNNUMBERED BLOCK, LOTS 26, 27, PART OF LOTS 25, 28 AND 29 OF THE PALM PARK SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 904 PALM BLUFF STREET AND 906 AND 908 LA SALLE STREET, FROM MULTIPLE FAMILY RESIDENTIAL 16 (RM 16) TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. and ORDINANCE NO. 6323-98 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY BORDERED ON THE SOUTH BY PALM BLUFF STREET, ON THE EAST BY PENNSYLVANIA AVENUE, AND ON THE NORTH BY LA SALLE STREET, CONSISTING OF UNNUMBERED BLOCK, LOTS 26, 27, PARTS OF LOTS 26, 28 AND 29 OF THE PALM PARK SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 904 PALM BLUFF STREET AND 906 AND 909 LA SALLE STREET, FROM RESIDENTIAL MEDIUM (RM) TO PUBLIC/SEMI-PUBLIC (P/SP); PROVIDING AN EFFECTIVE DATE. The applicant, Mt. Carmel Baptist Church of Clearwater, is requesting a zoning change from Multiple Family Residential “Sixteen” (RM-16) to Public/Semi-Public (P/SP), and a land use plan amendment from Residential Medium to Institutional for vacant property bordered at Palm Bluff Street, Pennsylvania Avenue, and LaSalle Street. Rezoning is needed to expand and modernize the facilities at 1014 Pennsylvania Avenue. The proposed expansion will include classrooms, offices, a family life center, a fellowship hall, and recreation area. Staff feels the proposed uses are compatible with existing and planned uses in the area and recommends approval. Member Mazur moved endorsement of Items Z98-10 and LUP 98-08 as presented. The motion was duly seconded and carried unanimously. ITEM E - Chairman’s Items The Chair requested his office telephone number be updated on the board’s membership list. ITEM F - Director’s Items 1. Draft Enterprise Zone Strategic Plan Environmental Specialist Miles Ballogg said last year, the State Legislature had designated the Brownfields area as an enterprise zone. The plan has been submitted to the board for review. He reviewed the Brownfields area which includes North Greenwood, South Greenwood, and parts of the Central Business District. Designation as an enterprise zone will provide State Tax Credits for electrical energy consumption, property taxes, jobs, building materials, etc. This issue is on the Commission’s August 20, 1998, agenda for public hearing. In response to a question, Mr. Ballogg said State Statutes and Brownfields Site Redevelopment Agreement incentives address the purchase of contaminated property. Member Mazur moved to endorse the draft Enterprise Zone Strategic Plan as presented. The motion was duly seconded and carried unanimously. ITEM G - Board and Staff Comments Appreciation was expressed to staff for revising the language used to submit recommendations to the board. ITEM H - Adjournment - 3:14 p.m.