04/03/1990 (2)
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ACTION
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, APRlL 3, 1990 . 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
.!Jm1
A. Approval of minutes of March 1.3, 1990
AcrION
Appro\'Cd
CONDmONAL USES. ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS. LAND
DEVEWllMENT CODE TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDmONAL USE REQUESTS IS GIVEN UNDER OATH.
1.
2.
3.
4.
5.
6.
7.
B.
9.
10.
11.
12.
13.
The Chairperson rends from the Public Hearing Notice each item us it is presented.
The staff report and pertinent background information are presented. - 5 minutcs maximum
Staff presents any supporting wriUen documents.
Staff presents any opposing written documents.
The applicant or hiS representative presents his case. - 5 minutes maximum.
Persons who support tlie application speak - 3 minutes maximum Cor each individual;
or spokesperson Cor ~oup - 10 minutes DlJlXimum.
Persons who oppose the application speak - 3 minutes maximum Cor each individual; or
spokesperson for grQup - 10 minutes nuaimum.
Persons supporting the application (other than applicant) may speak in rebuttal. 3 minutes
maximum.
Persons opposing may speak in rebuttal - :3 minutcs maximum.
The applicant hus an opportunity for final rebuttn! - 5 minutcs maximum.
Public Hearings are closed. <
Discussion by the Board.
The Board makes B decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. Conditional Uscs:
. "
.....
1.
Lots 1-10) Blk. AI.Belleair HigWands
and Lots 1.12 Beueair Highlands 1st
Addition (1465 So. Fort Harrison Ave.)
Le Petit Caferred P. Wittner
CU 90.20
Request - To change condition of
approval to allow 10:00 p.m. closing time
for sale of beer and wine for on-premise
consumption
Zoned - CG (General Commercial)
and RM.8 (Multiple Family Residential)
2.
Lot 4, Blk. S. Gould and Ewings First
Addition (526 Cleveland St.)
Mansaad's/Hnrrison Robertson, Jr.)
Trustee
CU 90-21
Request - 2-COP ~To permite I?8ckagc
sales and on-premIse consumption of beer
and wine) (NEW UCENSE)
Zoned - UC(C) (Urban Center/Core)
P & Z AGENDA
Approved Lbe extension of business operating
hours to be 8:00 am. 10 10:00 p.m. on weekdays
and weekends.
Approved subject to the following conditions:
a. A building permit be procured within six (6)
months;
b. An alcoholic bevcrJgc liccnse (2 COP) be
procured within six (6) months;
c. Alcoholic beverage sales be restricted to
consumption on premises, willi no package salcs;
and
d. An occupationalliccnsc must be obtained
within six (6) months.
1
4/03/90
3.
TO BE WITIIDRA WN
Lot 31. Unil I, Sunset Highlands
(1531 Erin Lane)
Frances Sullivan/Children's Home Society
CU 9()..22
Request - To permit a use not specifically
identified in Code: Special Group Care
Zoned - RS-S (Single Family Residential)
4.
Lot S, Zephyrhills Sub. (1492 S. Missouri
Ave.)
Ch uck Admas Management Corp.
CU 90-23
Request - To permit outdoor retail sales,
disp'lays, and/or storage for used car
dea.Jership
Zoned - CG (General Commercial)
C. Annexation. Zoning. Land Use Plan
Amendment. Land Development Code Text
Amendment. and Local Planning Al!.encv
Review:
1.
M&B 33.03. Sec. 5-29-16/Located on tbe
east side of Coachman Plaza (a private
road) approximately 930 feet north of S.R.
S90
Merritt
A 90-02. LUP 90-02
Request - Annexation and Zoning, CH
(Highway Commercial)
LAND USE PLAN:
FROM: None
TO: Conunercialffourist
Facilities
E. Chairman's Items
F. Director's Items
G. Board & Staff Comments
P & Z AGENDA
Wt1hdrawn by app1icanL
I'
i
Approved subject to the fono~ conditions:
a. I)arJcing Jot perimeter landscaping be provided
consistent with L-D.C. See. 136.023;
b. rarkin~ spaces be provided on the ba.'iis of
one parking space per 1000 sqJL or outdoor
display area and in accordance with the
requirements of the Traffic Engineer;
c. No parking, display, or 6l0rage or automobiles
or automobile parts m the rear yard of this site;
d. No vehicle service shall be conducted on
subiect property, such service to include, but not
be limited to tuning of automobiles;
c. A permit for the existing pole sign be
obtained wilhin three (3) monthsj and
C. An occupationalliccnse be obtained within six
(6) monthS of the date of this meeting.
Approved LIMITED to the following conditions:
a. The dedication of a drainage amf utility
easement over the CJd.sting retention pond lying
along the north and cast sides of the property.
b. If construction is initiated in Pincllas County.
the only deviation from City land development
r~uirements to be pcnniUcd (per Cily
Commission direction) is the south side setback
of five (5) feeL
., .
2
, ' 4103/90
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
(
(:""'"
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, APRIL 3, 1990 - 1:30 PM
AcrION
A. Approval of minutes of March 13, 1990
CONDmONAL USES. ANNEXATION.7..oNING. LAND USE PIAN AMENDMENTS. LAND
DEVELOPMENT CODE TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDmONAL USE REQUESTS IS GIVEN UNDER OATH.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
The Ch~erson reads from the Public Hearing Notice each item as it is presented.
The staff report and pertinent background information are presented. - 5 minutes maximum.
Staff presents any supporting written documents.
Staff presents any opposing written documents.
The applicant or his representative presents his case. - 5 minutes m=\nrnum.
Persons who support tlie application speak - 3 minutes rna')(;mum for each individual;
or spokemerson for group - 10 minutes maximum.
Persons WllO oppose the application speak - 3 minutes maximum for each individual; or
spokesperson for group - 10 minutes J1laximum.
Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
maximum.
Persons opposing may speak in rebuttal - 3 minutes m(lximnm.
The applicant bas an opportunity for fmal rebuttal - 5 minlltes maximum.
Public Hearings are closed.
Discussion by the Board.
The Board makes a decision.
f
'1<.'..
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HA VB A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. Conditional Uses:
1. Lots 1-10, BIk. ~ Belleair ~ands
and Lots 1-12 Belleair Highlands 1st
Addition (1465 So. Fort Harrison Ave.)
Le Petit Caferred P. Wittner
CU 90-20
['
\.,
Request - To change condition of
approval to allow 10:00 p.rn. closing time
for sale of beer and wine for on-premise
consumption
Zoned - CG (General Commercial)
and RM -8 (Multiple Family Residential)
2. Lot 4, BIk. 5, Gould and Ewings First
Addition (526 Cleveland St.) -
Maasaad'slHarrison Robertson, Jr.,
Trustee
CU 90-21
Request - 2-COP (To permite J?ackage
sales and o~~~e consumption of beer
and wine) lNHW liCENSE)
Zoned - UC(C) (Urban Center/Core)
P & Z AGENDA
1
4/03/90
" .,:.' ".
" '
,. 3. 1'0 :BB WlTHDRA'WN
" Lot 31, Unit 1, S1ll1Set Highlands
~1531 Erin Lane)
t~~ ranees Sullivan/Children's Home Society I;,
,. CU 90-22 1.,'.",.
j:>:
j....
Request - To&erxnit a use not specifically
identified in ode: Special Group Care
Zoned - RSw8 (Single Famlly Residential)
4-. Lot 5, Zephyrhills Sllb. (1492 S. Missomi "
;
Ave.) L:
,
Chuck Admas Management Corp. l
CU 90-23
Re~est - To permit outdoor retail sales,
disp ays, and/or storage for used car
dealership
Zoned - CG (General Commercial)
c. Annexation. Zo~ Land Use Plan
Amendment. J...an DeveloDlllent Code Text
Amendme".t: and Local Planninf! Asrencv
,Bcview:
1. M&B 33.03, Sec. 5-29-16/Located on the
east side of Coachman Plaza (a private I
road) approximately 930 feet north of S.R.
590 I
Merritt I
I
A 90-02, LUP 90.()2 I
(." Request - Annexation aD.d Zoning, CH
.' ' "~
.:y;~,'/ (Highway Commercial)
LAND USE PLAN:
FROM: None
TO: C01l1IIlcrcial/rourist
Facilities
E. Chairman's Items
F. Directors Items
G. Board &. Staff Comments
(
\...
P & Z AGENDA
2
4/03/90
L
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MINUTES
PLANNING & ZONING BOARD
TUESDA Y, April 3, 1990
t'~~'
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"
Members Present:
Chairman Johnson, Ms. Nixon, Messrs. Mazur, Schwab, Hamilton and Gans.
Members Absent:
Mr. Ferrell (Excused)
Also Present:
James M. Polatty, Jr., Director of Planning and Development
Scott Shuford, Planning Manager
A. Motion was made by Mr. Hamilton, seconded by Mr. Schwab, to approve the minutes of the March 13,
1990 meeting as written. Motion carried unanimously (6 to 0).
Chairman Johnson 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.
ITEMS ARE liSTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
B. Conditional Uses:
1. Lots 1-10, Blk. A, Belleair Highlands
and Lots 1-12 Belleair Highlands 1st Addition (1465 So. Fort Harrison Ave.)
Le Petit Cafe!I'ed P. Wittner
CD 90-20
I
.
\
i.:.-<
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford
stated this request was continued by the Development Code Adjustment Board on February 22, 1990 to give the
Planning and Zoning Board the opportunity to review the request. Mr. Shuford advised one letter of objection
was received.
Mr. Alex Imbert, 1465 South Ft. Harrison Avenue, owner of Le Pete Cafe, stated the request is to extend hours
of operation to include the dinner hour due to lack of enough business. He advised that in the outdoor seating
area, which seats 12, no alcohol is served, but the patrons may purchase an alcoholic beverage inside and carry
it outside. In response to questions by the Board, Mr. Imbert stated that patrons must order food to be served
an alcoholic beverage and there will be no change in the operation of the restaurant with this request for
extension of hours.
Mrs. Lois Cormier, 625 McLennon Street, presented and read a letter of objection (see attached) and stated she
felt it would be detrimental to the neighborhood for this restaurant to remain open until 10:00 p.m. In response
to questions by the Board, Mrs. Cormier stated the reason for objection is people will be outside drinking
alcoholic beverages until 10:00 p.m., cars will be coming in and out, and she is apprehensive that if this request
is approved that in the future an even later closing time will be requested.
Motion was made by Ms. Nixon, and seconded by Mr. Mazur to approve the hours of operation to be 8:00 a.m.
to 10:00 p.m. Motion carried unanimously (6 to 0).
2. Lot 4, Blk. 5, Gould and Ewings First Addition (526 Cleveland St.)
Maasaad'sfHarrison Robertson, Jr.) Trustee
CD 90-21
Request - 2-COP (To permit package sales and on-premise consumption of beer and wine)
(NEW UCENSE)
I
i
\'-.
Zoned - UC(C) (Urban Center/Core)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford
advised one letter of objection was received.
..
P & Z MINUTES
1
4/3/90
Zoned - RS-8 (Single Family Residential)
Mr. JlDl Davis, 1364 Williams Drive, representative of the applicant, stated the request is to establish a deli and
bakery and felt this establishment will enhance the downtown area. In response to questions by the Board, Mr.
Davis stated the target clientele will be the downtown workers, there is seating for 96, there will be no
,IJ<<":'" entertainment, and the condition that no package sales be allowed would be acceptable.
f
No persons appeared in support of or in opposition to the above request.
Discussion ensued with the Board expressing concerns including window signs and that the letter received in
objection did not state a reason for objection. Ms. Nixon felt the conditions of approval should include a
restriction of signage. Mr. Schwob and Mr. Hamilton felt an amendment to the Land Development Code
regarding window signs would be preferable rather than place a restriction on signs as a condition of approval
of this request.
Motion was made by Mr. Schwab, and seconded by Mr. Hamilton to approve the above request subject to the
following conditions: 1) A building permit be procured within six (6) months; 2) An alcoholic beverage license
(2 COP) be procured within six (6) months; 3) Alcoholic beverage sales be restricted to consumption on
premises, witll no package sales; and 4) An occupational license must be obtained within six (6) months. Motion
carried 5 to 1, with Ms. Nixon voting IInay" as she felt a restriction of signs should be a condition of approval.
3. TO BE wn~RAWN
Lot 31, Unit 1, Sunset Highlands
(1531 Erin Lane)
Frances Sullivan/Children's Home Society
CU 90-22
Request - To permit a use not specifically identified in Code: Special Group Care
This item was withdrawn by letter from the applicant.
4. Lot 5, Zephyrhills Sub. (1492 S. Missouri Ave.)
Chuck Adams Management Corp.
CU 90-23
Request - To permit outdoor retail sales, displays, and/or storage for used car dealership
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Mr_ Charles Adams, 1725 Gu1fview Drive, owner of the property and representative of the applicant, stated the
person who previously leased this property operated a business without a license. Mr. Johnston, applicant, will
be operating within the law and will not be working on vehicles on-site, which is a condition of the lease. Mr.
Adams felt washing and waxing of vehicles should be permitted as it is an important part of vehicle sales. In
response to questions by the Board, he stated that the City's landscaping requirements will be met, and that a
sign permit will be procured for the existing pole sign.
No persons appeared in support of or in opposition to the above request.
\~
"'""".
Motion was made by Mr. Schwob, and seconded by Mr. Mazur to approve the above request subject to the
following conditions: 1) Parking lot perimeter landscaping be provided consistent with L.D.C. Sec. 136.023;
2) Parking spaces be provided on the basis of one parking space per 1000 sq. ft. of outdoor display area and in
accordance with the requirements of the Traffic Engineer; 3) No parking, display, or storage of automobiles or
automobile parts in the rear yard of this site; 4) No vehicle service shall be conducted on subject property, such
service to include, but not be limited to, tuning of automobiles; 5) A permit for the existing pole sign be
obtained within three (3) months; and 6) An occupational license be obtained within six (6) months of the date
of this meeting. Motion carried unanimously.
Discussion ensued with Board members expressing concerns including: that washing and waxing of vehicles
should be allowed on-site and whether the existing pole sign is in compliance. Mr. Shuford stated there may be
a problem with the setback for the sign which is the reason for requiring the applicant to go through the sign
permitting process. The Board expressed support for permitting the on-site washing and waxing of vehicles that
are part of the sales inventory.
P & Z MINUTES
2
413/90
LAM) USE PLAN:
FROM: None
TO: Commercia1(I'ourist Facilities
c. Annexat1()D, Zoning. Land U fie I)lan Amendment. Land Development Code Text Amendment. and Local
Planninn AltCocy Review:
1f)J.f.<.
i'
1.
M&.B 33.03, Sec. 5-29-16/Locllted on the cast side of Cmlchman Plaza (a private road)
appro:ximately 930 feet north of SR. 590
Merritt
A 90-02,. LUP 90-02
Request - Annexation and Zoning, CH (Highway Commercial)
Mr. Polatty gave th.e hackgrouml of the case and submitted, in writing, the staff recommendation. In response
to qllestions by the Board, Mr. Polatty advised that the Development Review Committee reviewed the site plan
at its meeting of March 21, 1990, and they determined that in addition to the deficient south side setback, the
plan was also deficient in the following areas: 1) parking lot interior landscaping; 2) number of parking spaces;
and 3) front yard open space. The applicant will be submitting a new site plan which will address the above
concerns to be considered at the April 12, 1990 n.R.c. meeting.
Mr. Polatty advised that the City COIUmission at their meeting of March 14, 1990 adopted a policy that all vacant
properties annexing into the City of Clearwater shall be required to be developed in compliance with City
development requiremcnts. The above request was in the process of annexing when this policy was adopted, and
the City Commission agreed to allow this property to be developed under Pinellas County regulations subject
to tile following condition: "If construction is initiated in Pinellas County, the only deviation from City land
development requirements to be permitted is the south side setback of five (5) feet". Mr. Polatty stated what
is being considered today is not the site plan, but the annexatioD, land use plan and zoning and staff is
recommending approval.
(.,
Mr. l'lick Ben.jacob, 5906 Bayview Circle,. Gulfpcrt, FL, representing the propcrty owner, stated he is doing
something very nice for Clearwater, developing th is property under COllOty standards. This request is going back
to the City Commission again, due to misundersta.idings on interpretation of code requirements. Mr. Benjacob
stated there will be 15 ft. of green space provided in front of the building and that the building is 77 feet from
the property line and there other bllildings on the sarne street with only 19 ft. front yard setback and with parking
lots on the street. III response to questions by the Board, Mr. Benjacob stated the building is to be 7,000 sq. ft.
and could be used as one entity or as many as 4 different businesses. It does not necessarily have to be an auto
center, it could be used for any of the other permitted uses. Mr. Benjacob stated he understands that regardless
of the use of the property the use cannot exceed 140 trips per day in regard to vested rights/concurrency
management.
Discussion ensued with Board mcmbers expressing concerns including properties developing under Pinellas
County standards tIlen wanting to anncx into the City and variances in similar cases.
Motion was made by Mr. Schwob, and seconded by Mr. Gans to approve the subject request provided it is
LIMITED to the following conditions: 1) The dedication of a drainage and utility easement over the existing
retention pond lying alODg the north and east sides of the property; and 2) If construction is initiated in Pinellas
County, the only deviation from City land development requirements to be permitted (per City Commission
direction) is the south side setback of five (5) feet. Motion carried unanimously (6 to 0).
F. Director's Items
E. Chairman's IleD1s - None
'~'..
Mr. Polatt)' provided the Board mcmbers with copies of the following documents for their review: the schedule
for concurrency, proposed ordinance to provide development agreements, proposed ordinance to establish
administrative procedures and standards for determining vested rights, and proposed ordinance to require a
traffic impact study for certain developments and briefly reviewed same for the Board. Mr. FoIatly explained
several changes that are being made to the proposed ordinances and advised the revised ordinances will be
mailed. He also provided copies of the City of Clearwater Development Review Evaluation and
Recommendations 11Y the Healey Consultant Group.
P & Z MINUTES
3
413/90
. Polatty, Jr., AICP, Director
and Development Deplutment
" ,
G. Board & Staff Comments
r
Mr. Scl1wob asked about the City Attorney being asked to be present to discuss the question that when the Board
is reviewing an alcoholic beverage conditional use for which a distance separation variance is also required,
whether or not that distance separation variance should be considered in their decision. Mr. Polatty advised Mr.
Galbraith could not attend this meeting but would be in attendance at the April 17th meeting to address this
issue.
Meeting adjourned at 3:30 p.m.
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P & Z MINU1.'ES
4
413/90
f? tJ 9~-~ 0
Clearwater, Florida JI~6l6
April 3, 1990
(""
Planning and Zonin~ Board
City of Clearwater
Dear Board Members:
He: Conditional Request - Ted Wittner - 1e Petit Cafe
Alex Imbert t! U q ()- ;( 0
Please accept this letter in opposition to granting approval as requested by
the applicant today for change in hours of operation from the 3 p.m. to the
10 p.l!l.. for sale of alcoholic beverages. I opposed the granting of the
conditional use under 2-COP license. You approved this at your meeting of
Septel!l.ber 5, 1989 (CU 89-60) subject to hours of operation must_. be restricted to
8:00 a.m. to 3:00 p.m. The 3:00 p.m. closing has been satisfactory, and I have
heard of no problems created in our neighborhood by Le Petit Cafe.
I feeL the 10:00 p.m. closing could be detrimental to the neighborhood and would
not be in the best interest of this long-established residential neighborhood,
nor would it be compatible with the surroundi~~ neighborhood. There is special
concern for outside service on the deck.
(
~,~
In a I.ray 9, 1989 lett.er, Gerald 1. Suetholz, AlA, Project !'-1anager, 'tlittner
Companies, \frote :requesting a minor site plan change: "He are applying for this
chal1.{je to accommodate a small cafe Hi th outdoor seating ~'lhich Hill service
bUildi..ng tenants. II Staff of Clearwater approved this minor site plan chanr;e
requested by ~'fittner. next, this was folloHed by requests before P & Z, DCAJ3,
and Ci..ty Commission so that alcoholic beverages could be served--all l-lith the
3:00 p.m. closi!"lf,. Uo,", comes the applicant requestin~ 10:00 p.m. closing. Will
there be a request for midnight closing and then 2:00 a.m.?
This area from Hoodlal{n to n; Street, except faT frontages on South [i'ort Harrison,
has long been a residential area., from 1925. There are many rental units, and it
is an area of Imrer cost 'housing, especially alonf, Hamlet, Hi1dwood Hay,
~cLennan, E street. I would not want to see the expansion of alcoholic bevera~es
in thi..s area and appreciate your consideration to deny the request of Le Petit Cafe.
Lois Cormier, 625 f1cLennan street
~3in ~eIY~, .
( c.~ I eJ--l-?n(..eA-~
l.
letter to this Board dated September 5,
in opposition to the previous request
neighbors today.
L.--P.S. Attached is copy of September 5, 1989
1989 siened by some of my neighbors and me
submitted. to you. I have not contacted my
(.
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J'. ., . ~ ....;,..-~
-~ , . i: ·
, ,
Plann1.ng and Zoning :Board
City of Clearwater
f'~'
(
Dear Members of the Board.
September 5, 1989
~
ReI CU 89-60 - 1465 So. Fort Harrison Avenue - Bellea1.:r Links Plaza
Ted Wittner (Le Petit CareO) Alex Inbert
Please accept this letter in O~EfSltlon to granting approval or conditional use for
the sale of alcoholic beverages consumption on premises). a commercial activity.
As reported to you by the Planning and Development Department of the City, the
surrounding land uses to the north, south, east and. west are RESIDENTIAL. There
is also a small retail to the north and small motel to the south. The depth of
commercial use in this area 1s limited to the highway frontage.
We feel the request would be detrimental to the neighborhood, especially Kith the
outdoor deck. It would not be in the best interest of this long-established
residential neighborhood. Certainly the availability of alcoholic beverages could
increase customers and the sale of alcoholic beverages could be important to the
owner's profit. But it Kould not be compatible with the surrounding neighborhood.
Noise generated from the use could diminish the value and enjoyment of surrounding
properties. As the intersection of So. Fort Harrison and Belleview Blvd develops,
there may be an increase in traffic and accidents. The sale of alcoholic beverages
would not be in the best interest of this long-established xesidential neighborhood.
The Use ~ould not be compatible with the surrounding area ani might impose an
,excessive burden or have a substantial negative impact on surrounding or adjacent
Uses. ;'.There 1s s~cial concern for outside service on the deck.
Should you grant the use requested, He especially would a~preciate it being subject
tf' to the 4- conditions recommended by Oi ty Staff to minimize or reduce any potentially
~~ injurious effect of such conditional use ~pon other property in this neighborhood.
In addition, we request that the 5th condition be with the approval granted by you
for six months to give us all an opportunity to monitor the project. Thank you for
your consideration of our request.
NAME
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