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08/13/1991 (2) \' ('<, ACTION AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, AUGUST 13, 1991 . 1 :30 PM /7-' /7 f L-~-Cr LCtc,{._ JlECEIVED AUG 1 6 1991 CITY CLERK PLEDGE OF ALLEGIANCE INVOCATION ITEM A. APPROVAL OF MINUTES 1. July 30, 1991 ACTION - CONDlTIONAl USES. ANNEXATION. ZONING. LAND USE PlAN AMENDMENTS. LAND DEVElOPMENT CODe TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW: THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH. 1. 2. ~. 4. 5. 6. 7. 8. 9. I 10. --.' 1" 12. 13. The Chairperson reads from the Public Hearlng Notice each item as It IS presented. The stalf report and pertinent backpround informatIOn (Hf' presented . 5 rTllnuWt maximum, Staff presents any supporting written documents. Staff presents any opposing wrillen documents. The applicant or his rtlpresemiltive presents hiS case. . 5 minutes mnxirnum, Persons who support the application speak - 3 minutes maximum ior cLlch indivlclual; or spokesperson for group. 10 minutes maximum. Persons who oppose the application speak. 3 minutes maximum for each individual; or spokesperson for group . , 0 minutes maximum. Persons supporting the application {other than applicantl may soeak in telluttal . 3 minutes maximum. Persons opposing may speak in rebuttal. 3 minutes maximum. The applicant has an opportunity for final rebuttal - 5 minutes maximum. Public Hearings are closed. Discussion by the Board. The Bourd makes a 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. ,l B. REQUESTS FOR EXTENSION. DEfERRED AND CONTINUED (TEMS: 1. .. . . , -k........ Request for Extension. M&B's 41.01 and 41.03. Sec. 1a.29.'€ 12056B U.S. 19 NJ Angel Proour!ws {Stingersl CU 91-15 Approved an extension of ninety 1901 cays from the date 01 this pUblic hearing. Request. To permit on.premls!.! consumpuon of beer, wine and lIouor Zoned. CH IHi[lhWaV Commerclan IContinued from 7/16/91l M&E ~ ~.;je. . ~.a~ Connnueo to meenn\1 01 ScpUlmtmr 7'7. 199 ~ . ane ~~.06i, Sec. ~:;-2:..!e ;1955E US ~9 t..' veta LOUise GihenwJu;:r::, PamCl<l ..et: COI\lIl', PaUlena LUCIlle r;o(.l!!r:" 7etl: :"'t'I1r. Presnej, Trustees, IKenvor. :::uw!:' Soats CU 91-48 Reaues; . T \J lJ~trTlI' ll../WO(1' retail S,II'J~ j\s:ml'.~~ ana:or sroragr ::onec . CH rHlpnwi1l _;;rnnt'Jr;:'J' p ~ ;: ACTIOl\: AGENDJ. :;~..::~s< 3. (Continued from 7/30/91) lot 2, Blk. C. Skycrest Unit 1 (1717 Drew St. 1 TrI.High Corp.. IEasy Times Bar.Charmill's Pillal. CU 91-58 r"~ RCQuest . To permit on-premise consumption of , beer and wine Zoned. CG,lGeneral Commmclall 4. (Continued from 7/30/91 ~ M&B's 33,02 and 33.021. Sec. 20.29-16 (18443 & 18449 U.S. 19 N/Units 4.6. Levitz Plaza Shopping Center (formerly Grant's Plaza). Home Shopping Network Realty, Inc. (Clearwatel Nightclub Enterprises. Inc.1. CU 91.60 Request. To permit on'premise consumption 01 beer, wine and liquor Zoned . CC (Commercial Center 1 C. CONOmONAL USES: 1- lot 2 ilnd vac Beach Dr. on Wann Lot 3, Mjller'~ Reprat. (7 Rockaway Street) Charles and Ypl1panti AlcxlQu IGcrel:! Got~/Penrjulro PalaCej CU 91.61 Request - To permit on-premise consumption of beer. wine. and hqUOl Zoned . CR 28 (Resort Commercial) OS/R (Open Space/Recreationl 2. Lot 5. Lot 7 less road right-ot.way, and lot 8 , less southwesterly 46.75 ft. for road right-of. , way. {2561 Countryside Boulevard, Suite 31. . .........~c" Countryside Village Ltd/HRE Properties (Angelo & Mary Puccinelli/Dolce Vita Restaurant) CU 91-62 Request. To permit on-premise consumption of ueer. wine, and liquor Zoned - CC ICommerclDI Center} Lot 11 less road on W. Padgett'!> ESl<ltt:: Sub. (, 200 Cleveland Str!!etl. Homer RCillty ColHomE:r PrOperties, Jne, (Guerrero Corp d/b/il Los Mariachis Mexican Re5~aurantl CU 91-63 Request. To permit on.prerTllse consumption G: oeer, wine. and hquor LoneO - UCIEl (Urban Cenlt::r/Easte'" Cornaor~ :; l :: ~':710l~ l..GEND~. Approved subject to the following conditions: 1 J To continue tho above request to the September J. 1991 meeting; and 21 The applicant be notified he should not be conducting business without the proper approvals from this Board. Continued to meeting 01 September J. 1991. Approved subject to the following conditions: 11 The applicant st1.111 obtain the requisite uccupational license wiHlln nine 191 rnonUls trom the date 01 this publiC hearing; and 21 The applicant shall obtain the requisite alcoholic beverage separation variance from the City Cummission. Approved subject to the lollowing conditions: 11 The sales of alcoholic beverages shall be restricted to consumption on premises with no package sales; 21 The requisite occupatiO","l1 license Sh.111 be obtained within six (61 months from the date 01 this public heariny; 31 There shalf be no outdoor seating or other expansion 01 rloor area devoted to the proposed use; and 41 A variance to the separation distance requirement shall b(! obtained trom the City Commission if it is determined to ue nccesstlry. Approved subject to ttle following conditions: 1) The applicant shall obtain any rcQuisiW building permits and occupational licenses within six months of this public hearing; 21 Tho restaurant operation shall be restricted to alcoholic beveragu sales tor consumption on premises only with no package sales; 31 TIle applicant/owner shall provide the City of Clearwater with the results oi any audit reQuested by the Division of Alcoholic Beverages and Tobacco upon reSPunse to such requests; 4) Signs shall be Ilrougnt into compliance with the City of Clearwator pnor tc me lssuan.::c Of tile occuoatior1.11 license; 51 Tnr pariung Jot snail VI! orOOCrlV strlPca. maintainer; ana hgrnec; ilnd 61 Par1cing reoulrements shali meet toe City Coae or a vananec snail be oOtalneo from the Development COOt' AOjustment Boaro ...... ..'" . _'e I ......:- ,) D. ANNEXATION, ZONING, LAND USE PlAN AMENDMENT, LAND DEVaOPMENT CODE, TEXT AMENDMENT, AND LOCAL PlANNING AGENCY REVIEW: r~ '., 1. Code of Ordinances Text Amendment: Approved An ordinance of the City of Clearwater I relating to flood protection; amending Section 146.004, Code of Ordinances. to revise the definitions of "substantial improvement" and "market value of the structure;" providing an effective date. E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS ;; t. :: ':':::TIOt, .:..GEND;' .1'- ~ ~. ~ ~ G. BOARD AND STAFF COMMENTS Approved motion to support the City stand on S161,54 F.S. /:',.. \. ' ' ----' ,I \.../" ! , :: . . .. 't.. ,... I,. . ,'. '. . ' MINUTES PLANNING & ZONING BOARD TUESDA Y, AUGUST 13, 1991 r'" Members Present: Chairman Schwob, Messrs. Carassas (arrived at I :38 p.m.), HamIlton (arrived at I :39 p.m.), Mazur, Bickerstarre, Snvnge (excused at 3:08 p.m.) and Merrinm. Also Present: James M. PolallY. Director 01" PI anning ilml Development Scott ShufonJ. Planning Manuger Sandru Glnlthorn. Senior Planner Pat Fernandez, Recording Secretary Chairperson Schwoh outlined the procedures ror conditional uses and advised thut anyone adversely arfected by a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in which to liIe al\ appeal through the City Clerk's Office. Florida Law requires any party appealing a decision or this Board to have a record or the proceedings to support the appeal. ITEMS ARE LISTED IN AGENDA ORDER TUOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. B. RBQUESTS FOR EXTENSION, DEfERRED AND CONTINUED ITEMS: 1. Request for Extension - M&B's 41.01 and 41.03. Sec. ]8-29-16 (20568 U.S. 19 N) Angel Properlies'(Stingers) CU 91-15 Request - To permit on-premise consumption of beer, wine and liquor f:- Zoned - CH (Highway Commercial) I " '- Ms. GlaUhorn gave the background of lhe case. Charles Samarkos, applicant's representative, 9 J 5 Chc.<;trnll Street. stated that due to the reason in Uleir letter thalthe owner has financial prohlems tll he worked Ullt, requested a 90 day extension. No persons nppeared in support of or in upposition lU the above request. The Board acknowledged they generally give a six l1Io111hs extension, however since they were represented by council, felt the time limit requested was acceptable. Motion was made by M r. llickerstarre, and seconded by Mr. Savage, to grant an c':tension of ninety (90) days from the <.late of this p\lhlic hearing. Mution carded \lnanimo\lsly (6 to 0). Request - To permit outdoor retail sales, displays and/or storage Zoned - CH (Highway Commerdal) 2. (Continued from 7/16/91) M&B J 1.05, 11.06 and 11.061, Sec. 19-29-16 (19666 US 19 N) Veta Louise GiIlenwaters, Pamela Lee Colvin, Pau]ella Lucille Rogers, Terri Lynn Presnell, Trustees, (Kenyon Power Doats), CU 91-48 Ms. Glatthorn gave the background of the case illlLl suhmilled, in ''''Tiling, the staff recommendation. ~- Mike McKenzie, ilpplicanl's representative, 20465 U.S. 19 North, stated he faxed a letter today seeking another continuance because they had determined there was a 235 foot error un the length urthe properly P & Z MINUTES 08-13-91 '" on U.S. J 9. This requircs thcir corrccting the site plan and will enahle them to detcrmine what they will request. .... ,.'- - ,'\ Mr Merriam stated hoats are now displayed on the grass in violation of conditions set forth previously by this Board. He felt Staff Code Enforcement should check Ulis out ali the applicant may continue to display hoats without authorization. The previously approved condition allows the applicant to display boats on paved areas only. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, to continue the approve the above request to Ute meeting of September 17, 1991. Motion carried unanimously (7 to 0). 3. (Continued from 7/30/91) Lot 2, Blk. C, Skycrest Unit 1 (1717 Drew St.) Tri-High Corp., (Easy Times Bar~Charmill's Pizza), eu 91-58 Request - To permit on-premise consumption of beer and wine Zoned - CO (General Commercial) Ms. G1atthorn gave the background of the case and submitted, in writing, the staff recommendation. The Board advised that the establishment was open and is operating without first appearing hefore this Board. There has been a change of ownership and the State granted a liquor license. Mr. Shuford advised they were trying to get the necessary permit. l1le Board discussed Code Enforcement advising them they cannot sell alcoholic beverages until the proper conditional use approval is granted. Since the applicant was not present, motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, / \ suhject to Ute following conditions: J) To continue the above request to the September 3, 1991 meeting; and 2) The applicant be notified he should not he conducting business WiUlout Ule proper approvals ,from this Board. Motion carried unanimously (5 to I) with Mr. Hamilton voting "nay" explaining the applicant may not be aware that when a license is changed by the State Ulat they also have to meet Clearwater's requirements. .. 4. (Continued from 7/30/91) M&Bts 33.02 and 33.021, Sec. 20-29-J6 (18443 & 18449 U.S. 19 N/Unils 4-6, Levitz Plaza Shopping Center (formerly Grant's Plaza), Home Shopping Network Really, Jnc. (Clearwater Nightclub Enterprises, Inc.), CU 91-60 Request - To permit on-premise consumplion of beer, wine and liquor Zoned - CC (Commercial Center) Ms. Glalthorn gave the background of Ule case and submilted, in writing, the staff recommendation. Charl~ Samarkos, applicant's representative, 915 Chestnut Street, stated they are requesting a continuance for this alternate proposal for his client. Economic. comJitions make it feasible to negotiate at two possihle sites. When negotiations are completed for one location, Utey will drop the application for the remaining site. The Board had expressed cuncern about an open air balcony. This was discussed wilh the applicant and everything will he enclosed. No persons appeared in support of ur in oppusitiun to the above request. , '- Motion was made by Mr. Hamilton, ami seconded by Mr. Carmsas, to continue the above request to lhe meeting of September 3, 1991. Motion carried unanimously (7 lO 0). P & Z MINUTES 2 08-13-91 I. r--::::--'" -- , ~1~' c. CONornONAL USES: 1. Lot 2 and vac Beach Dr. on Wand Lot 3, MilIer's Replat, (7 Rockaway Street) Charles and Ypapanti Alexiou (Gerold Gotz/Penguin Palace) CU 91-61 Request - To permit on-premise consumption of heer, wine, and liquur Zoned - CR 28 (Resort Commercial) OS/R (Open Space/Recreation) Mr. Hamilton declared a connict of interest on this item. Ms. Glatthorn gave the background of the ca'ie and suhmitted, in writing, the staff recommendation. George Greer, applicant's representative. 600 Cleveland Skeet, Suite 685, stated the applicant previously operated this business and was resuming its operation. Since the Development Code Adjustment Board (OCAS) granted the applicant nine (9) months to complete the requirements they were requesting the same of this Board. No persons appeared in slIpport of or in opposition LO the ahove request. Motion was made by Mr. Mazur, and seconded by Mr.Bickerstaffe, to approve the ahove request suhject to the following conditions: I) The applicant shall ohtain the requisite occupational license within nine (9) months from the date of this puhlic hearing; and 2) The applicant shall obtain the requisite alcoholic beverage separation variance from the City Commission. Motion carried (6 to 0) with Mr. Hamillon ahstaining. ' 2. Lot 5. Lot 7 less road right-or-WHY, and Lot 8 less southwesterly 46.75 fl. fur road right-of-way, (2561 Countryside Boulevard. Suite 3), Countryside Village Ltd/HRE Properties (Angelo & Mary Puccinelli/Dolce Vita Restaurant) CU 91-62 Request - To permit on-premise consumption of beer, wine, and liquor Zoned ~ CC (Commercial Center) Ms. Glatthorn gave the background of the case and submiUed, in writing, the staff recommendation. Angelo Puccinelli, applicant, 13620 Lake Magdalene Boulevard, Tampa 33168, stated thcy would continuc the same operation and have had thirty years of experience in the food husiness. No persuns appeared in support uf or in opposition to the above request. The Board noted the proximity of Knickerbockcrs was not present in the staff report. They believe it is within 200 feet and that a variance may he required. Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following cunditions: 1) The sates of alcohoHc beverages shall be restricted to consumption on premises with no package sales; 2) The requisite occupational license shall be obtained within six (6) months from thc date of this puhlic hearing; 3) There shall be no oUldoor senting or other expansion of floor <lrea devoted to the proposed use; and 4) A variance to the separation distance requirement shall he ohtained from the City Commission int is determined to he necessary. Motion carried unanimously (7 to 0). 3. Lot t t less road on W, Padgett's Eslate Sub, (1200 Clcveland Slreet), Homer Realty Co/Homer Properties, Inc. (Guerrero Corp d/b/a Los Mariachis Mexican Restaurant) CU 91-63 P & Z MINUTES 3 08-13-91 I. Request - To pcrmit on-prcmise consumption of beer, wine, anti liquor Zoned - UC(E) (Urban Center/Eastern Corriuor) Ms. GlaUhorn gave the hackground of the case and suhmittcd, in writing, the staff recommendation. R The Board asked why the City was requiring they be furnished with restllls of any audit requested by the Division of Alcoholic Beverages and Tobacco. Ms. Glatthorn stated no alcoholic heverages have heen sold at this location and Staff needed a way to determine the 51 % rule. TIley also notetlthc lettering on the mansard was in excess of the new code regulations. Vanessa Cohn, applicant's representative, 240 Plant Slrect, Suite A330. Tampa 32606, stated the applicant plans to operate a Mexican restaurant and has eight years experience. No person appeared in support of the above request. In opposition. Dr. Michael Adam,;. 15 N. Missouri Avenue, stated his professional office and home were adjacent to the restaurant. They have a communal parking lot. The majority of spaces are for the restaurant and the north access is located on the dentist's property. He feels they can coexist if they cooperate. The parking lot is not lit and the lot has had twenty (20) foot long potholes that the owner did not repair. Dr. Adam's opposition is that with the comhination of alcohol, a poorly lighted parking lot and one that is frequently in disrepair, you have a potentiat for problems as well as a location for thefts. Seven parking spaces in the applicant's plan are on the dentist's property. TIle suhject property has been maintained at the harest of standards. Dr. Adams is willing to coexist but feels that if the lot was required to be maintained it would he beneticial for himself and surrounding businesses. In rebuttal, Ms. Cohn, slated the lease mandated that when the property is turned hack to the owner it must be in better condition than it was at the start of the lease. Since the property is on a corner it is visible at night. This is a family~operated husiness for families. As a Mexican restaurant they feel it is i . in keeping with their theme to serve margaritas. The restaurant will open for lunch and anticipate noon traflie to be foot traffic from nearhy husinesses and expect most of the traffic at night. Their architect provided the site drawings and they believe he provided the plan encompassing only Ule suhject property. There will be no entertainment. Seating capacity is 240 persons. She deferrecl to Ule applicant to answer relative to do a bar. Lorenzo Cistrejon, applicant, 379 Gulf-TowBay Boulevard, stated peuple waiting will have the opportunity to order a drink while waiting. Seven (7) people can sit in this area. They do not have a lounge or har as we perceive one, hut will he making drinks near the waiting area. In response to questions by the Board, they discussed their role deciding what can or cannot he required for a parking lot. The Board is charged with determining if the approval of an alcoholic license would have a deleterious effect on its surroundings as compared with the previous operation. Mr. Schwoh stated he had always found Mexican restaurants to be designed for family dining. They noted the applicant infers that he has 54 parking spaces available. Molion was made by Mr. Hamilton, and seconded by Mr. Carassas, to approve the above rcquest subject to the foIlowing conditions: I) The npplicant slmll obtain Hny requisite building permits and occupational licenses within six months of this puhlic hearing; 2) The restaurant operation shall he restricted to alcoholic heverage sales for consumption on premises only with no packngc snles; 3) The applicant/owner shall provide the City of Clenrwatcr with the results of any audit requested by the Division of Alcoholic Beverages and Tobacco upon response to such requests; 4) Signs shall be brought into compliance with the City of Clearwnter prior to the issuance of, Ule occupational license; 5) The parking lot shall he P & Z MINUTES 4 08-13-91 I. I'~""''' ~.....- ......... properly striped. maintained and lighted; and 6) The parking requirements shaH meet the City code ur a variance shall be ubtained from the Development Code Adjustment Board. Motion carried unanimously (7 tu 0). D. ANNEXATION. ZONING. LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Code of Ordinances Text Amendment: An ordinance of the City of Clearwater, relating to flood protection; amending Section 146.004, Code of Ordinances, to revise the definitions of "substantial improvement" and "market value of the structure;" providing an effective date. Mr. Pulalty reviewed the proposed FEMA amendment. If this is approved it will make uniform regulations for properties damaged by flood Jocnted on Sand Key, Clearwater Beach and Island Estates. Mr. Polauy advised that the City Commission, relative to the above ordinance, was endorsing the concept of dropping the "cumulative" rule. Some items do not require permits therefore cannot be counted in this rule. The 50% for the life of the structure rule is still applicable regardless of the quality of the replacement. Only the cost figure counts. , ' ,-, -, Motion was made by Mr. Hamlllon, and seconded by Mr. Bickerstaffe, to approve the above request. Motion carried unanimously (6 to 0). G. BOARD AND STAFF COMMENTS \ A motion was made by Mr. Bickerstaffe, and seconded by Mr. Hamilton to support the City stand on ~J61.54 F.S. Motion carried unanimously (6 to 0). Mr. Carassas reminded members he will be in Greece when the next meeting is held. Because it was so unusual, the appearance of Mr. Galbraith made some members uncomfortable with the questioning of persons appearing on the Pick Kwik item. Mr. PoJally advised the Board acts in a quasi- , judicial manner and is similar to a court. Wilnesses can be cross-examined. Mr. Palau)' further staled that the staff would be developing amendments to the alcoholic beverage regulations as authorized by the City Commission. ' Mr. Schwab felt clarification of the previous "reasonable distance" requirement tended to complicale issues. Mr. Hamilton inquired, since he had abslaincd on the Pick Kwik item due to a contlict of interest, was he precluded from the discussion concerning the code amendments. Mr. Polatty felt it was a continuation of conversations about this Issue in the past and felt his input was in order. Mr. Hamilton stated he wuuld ask Mr. Galbraith before he entcred into any discussions. ~tr. Mazur asked if submltlcd plans and drawings could be shaded so Board members would be aware of the exact locntion of an applicant's, project. The exact loc.llion of La Dolce Vita was not npparent from the drawings the Board received. Mr. Bickerstaffe feels the average citizen Is not aware of a property's legal description as used in the public hearing notices. While persons within 200 feet rcceive notilication, othcr citizens might give thcir P & Z MINUTES 08.13-91 5 '}, , . t:Y. ... ' 6) " ' r"='-,"" \....,.. ' .,..... ,~ .~; j " , I. input if in addition' to the legal description, the public hearing notices also !istoo a street address and physlcallocation. It would make the public better informed. The meeting adjourned at 3:40 p.m. 'I P & Z MINUTES 6 ing and Development 08.13-91 'i, ,