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12/01/1998 (2) Present: . Douglas Hilkert Gerald Figur.ski Frank Kunnen Edward Mazur David Gildersleeve Rick Anderson Steven Chandler Chair (departed 3:00 p.m.) Vice-Chair Board Member Board Member Board Member Board Member Board Member ~ PLANNING AND ZONING BOARD MEETING CITY OF CLEARWATER December 1, 1998 Also Present: Leslie Dougall-Sides Sandy Glatthorn Teresa Mancini Brenda Moses Assistant City Attorney Planning Manager Planner Board Reporter '. , . 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. ITEM B - Reauests for Extension. Deferred. and Continued Items - None. ITEM C ~ Conditional Uses 1 . Rooers EnterorisesfBiII Rooers (Tire Kingdom) to permit a retail tire store with related vehicle services at 2838 Gulf~to-Bav Blvd., Gulf to Bay Gardens Sub, Lots 35, 36, 37, 38 and part of Lot 34, zoned CG (General Commercial). CU 98~43 (.) The applicant is requesting conditional use approval to establish a retail tire store with associate vehicle services at 2838 Gulf-to-Bay Boulevard. The applicant intends to construct a 6,672 square foot building with 8 vehicle service bays on the southwest portion of the site. The service bays will be oriented away from Gulf-to- Bay Boulevard and residential uses to the north. The development will require site plan certification. The property is bounded by a service station to the east, a restaurant to the west, and to the north, a vacant lot zoned residential. The proposed use is compatible with surrounding mixed commercial uses. Staff has determined the proposed use meets the standards of review, and recommends approval subject to conditions. mpz12a98 1 12/01/98 l I I (. In response to a question, Planning Manager Sandy Glatthorn said the applicant will be required to meet the landscaping requirements to buffer the residential area to the north. She stated the setback requirements will not conflict with the beautification project on Gulf-to-Bay Boulevard. In response to a question, Ms. Mancini said the applicant has indicated no major service will be performed at this site. ~ In response to a question, Planner Teresa Mancini said the applicant had requested Sunday hours which are consistent with other area businesses. She said no written documentation has been received in support or opposition of the application. . Applicant Jim Serrabella felt the site plan is self-explanatory. In response to a question, he said he agrees with the conditions recommended by staff. Clayton Thomas, representative for Racetrack Petroleum, expressed concern the 25-foot setback will block the visibility of his business. He has been in contact with Tire Kingdom regarding a cross easement to address traffic flow issues. He felt moving the building back on the site will improve area traffic flow. Mr. Serrabella stated staff had requested the building be placed as close to the highway as possible to separate it from the residential area. .r.;tj"' (."p l~\\. Member Gildersleeve moved approval of Item CU 98-43, subject to conditions: 1) applicant shall obtain an occupational license prior to the start of doing business but no later than one year from the date of this public hearing; 2) requisite site plan certification shall be obtained within six months from the date of this public hearing; 3) applicant shall obtain requisite building permits prior to the start of construction but no later than six months from the date of this public hearing; 4) all service bays shall be located within an enclosed building and all bays shall be oriented away from surrounding residential uses; 5) hours of operation shall be limited to 7:00 a.m. until 8:00 p.m. on weekdays, 7:00 a.m. until 6:00 p.m. on Saturdays, and 9:00 a.m. until 4:00 p.m. on Sundays; and 6) the applicant shall not utilize any portion of the property that is zoned residential for vehicle service uses. The motion was duly seconded. Upon the vote being taken, the motion carried unanimously. 2. Weiland Irle/Mother's Milk Coffeehouse. Inc. to permit nightclubs, taverns, and bars (2 COP) at 1300 N. Ft. Harrison Ave., Enghurst Sub, Lots 41, 42, 43 and part of Lot 40, zoned CI (lnfill Commercial). CU 98-44 u The applicant is requesting conditional use approval to permit nightclubs, taverns, and bars at an existing coffee house at 1300 North Fort Harrison Avenue. The applicant wishes to obtain a 2COP alcoholic beverage license to sell beer and wine. This site, surrounded by commercial uses on the north and south, and residential uses on the west, is nonconforming with respect to landscaping and . parking. To obtain a conditional use, the applicant will be required to make significant site improvements, including installation of buffers along the west, east, mpz 1 2a98 2 12/01/98 f i I l l , ) ,. I" David Browder, representative, stated the business has not been highly successful. He knew of only 1 citizen complaint regarding noise. He presented a signed petition (Exhibit #1) supporting the menu's expansion to include beer and wine sales. He said the coffee house has operated without incident with only one police call to remove an unruly customer and one regarding an accident in the parking lot. He agreed Condition #4 should not specify the number of required spaces. He said most of the building will close at 2:00 a.m. when beer and wine sales stop. He understood the concerns of area residents but felt the change will improve the neighborhood's appearance. . He said the establishment will remain a coffee house and felt the request is not contrary to resident wishes. He requested amending Condition #3 to require only the submission of a landscaping plan and schedule of completion to allow the applicant time to generate enough funds to pay for improvements. She is agreeable to the other conditions. In response to a question, Mr. Browder said the applicant currently occupies the property and uses it as a coffee house. In response to a question, Jacqueline Michelle Patton, applicant, anticipated less than half of the business' sales will be from alcohol. As coffee beans are not considered food, she said it is difficult to determine a food/alcohol ratio. She wants to add beer and wine to the menu as other area coffee houses have beer and wine licenses. ~ and south property lines, and resurfacing the parking area to comply with code. Staff feels after required site improvements are completed, the .buslness wlll be compatible with surrounding uses. Staff has determined the proposed use meets the standards of review and recommends approval subject to conditions. In response to a question, Assistant City Attorney Leslie Dougall-Sides said Member Gildersleeve has no conflict of interest regarding this issue due to his previous employment of the applicant's representative on unrelated matters. In response to a question, Ms. Dougall~Sides said the intent of Condition #4 is to require the applicant to obtain a variance of 32 parking spaces prior to obtaining an occupational license. The applicant will have 1 year to obtain the variance. In response to a question, she said it would be in the applicant's best interest to obtain the variance now before the new lDC (land Development Code) is adopted. She suspected this application would not meet criteria in the new LDC. Ms. Glatthorn said the applicant has not applied for the variance. A condition was suggested that the parking requirement be met by providing additional parl<ing or obtaining a parking variance. In response to a question, Ms. Mancini said she had received no written letters in support of the application. It was noted many letters of opposition have been received. <'..;~ (<:,~~J In response to a question, Ms. Dougall-Sides said discussions with the City Attorney and the City's consultant have determined the new Land Development Code should not be applied to pending requests. It was agreed the new code should not be applied until after second reading of the LDC ordinance. She said the new code includes provisions to allow grandfathering current uses. No moratorium has been established. mpz 1 2a98 3 12/01/98 I f ! t ~) ..~~ (":i~' Twelve (12) citizens opposed the application, citing: 1) opposition to increased area beer and wine sales; 2) increased noise; 3) a setback for residents who work on neighborhood improvement; 4) no history of site improvements; 5) concerns that improvements are tied to profits; 6) mixing young people and alcohol is bad; 7) children roam the streets; 8) many patrons are younger than 21; 9) history of numerous complaints; 10) beer trucks by the building; 11) incompatible with neighborhood; 1 2) a full-fledged nightclub capability would result; 13) noncompliance for current conditions; 14) beer and wine license not necessary for site improvements; 15) no need for additional liquor sales; 16) intoxicated patrons driving on Osceola Avenue; 17) concern the number of drinks purchased before 2:00 a.m. will not be limited; 181 the sale of alcoholic beverages will impact younger patrons; 1 9) staff support of the application; 20) request does not meet minimum buffer requirements; 21) questioning P&Z's authority to decide this issue; 22) applicant did not prove residential values will not be affected; 23) variance is based on economic gain; 24) application will be inJurious to neighborhood; 25) conditions do not justify a conditional use approval and reduction of setback requirements; and 26) many petition signatories do not reside in the neighborhood. ,~ In response to a question, Ms. Glatthorn said staff has discussed the code with the applicant. No more than 15% of the establishment's gross floor area can be devoted to waiting areas, lounges, and entertainment areas. The business, licensed as an entertainment use and coffee house, does not meet the definition of "restaurant" due to the entertainment. In response to a question, Ms. Mancini said Condition #2 applles to resurfacing the parking lot which requires permits. In response to questions, Ms. Patton said she has operated a coffee house on North Fort Harrison Avenue since 1993, and has been at this location for 2 years. Hours of operation are 6:30 p.m. to 1 :00 a.m. weekdays, and until 3:00 a.m. on Friday and Saturday. She understood alcohol sales must cease at 2:00 a.m. but intends to keep the coffee shop portion of the building open later. In response to a question, Ms. Mancini said the area has other packaged sale uses, but was unsure of the what type of licenses were in effect. Ms. Dougall~Sides said the . county-wide ordinance requires businesses that sell alcoholic beverages to close at 2:00 a.m. unless the operator can satisfy the county that the area where alcohol . sales occur can be closed off and separated from the rest of the business. In support, 1 citizen felt this opportunity will upgrade the building with landscaping and bring the applicant's property up to code. He agreed the menu should be supplemented to make the business viable. He felt approval would benefit the area. Residents submitted photographs (Exhibit #2) showing a beer truck, beer bottles, debris, weeds, and unkempt landscaping on the applicant's property. Thirty- five (35) letters of opposition (Exhibit #3) were submitted. Concern was expressed the notification time is inadequate near holidays. o Discussion ensued. It was suggested variances be obtained prior to application to the P&Z (Planning and Zoning Board). It was noted the P&Z is not authorized to address variances. If applicants meet ordinance requirements and mpz 12a98 4 12/01/98 . \. \ v In response to a question, Mr. Browder said the applicant will function as a coffee house with entertainment and serving muffins, cheesecake, beer, wine, coffee, and soft drinks. Ms. Patton said the beer truck was part of a Halloween benefit for a non-profit agency in support of the Autumn House. The agency has held 2 such benefits. She said no police calls for noise or disturbances 'occurred on those occasions. She said the first noise complaint was registered last Saturday night after the public was notified of today's hearing. She said when the business operated at 1409 Ft. Harrison, the City had issued an occupational license under the bed and breakfast category because coffee beans are not considered food. When she moved to 1300 Ft. Harrison Avenue, the business was licensed under the indoor entertainment/recreation category. In response to a question, she said she never re- striped the parking lot. ~ conditions, the P&Z Is obligated to grant conditional uses unless substantial competent evidence in opposition is presented. The board cannot anticipate an applicant may violate the law in the future. It was noted staff recognizes the setback requirements. Conditions unique to the property warrant reduction of the 500-foot separation requirement. One condition requires the applicant to install extensive landscaping on both sides of the property. Ms. Dougall-Sides referred to conditional use criteria for nightclubs, taverns, and bars and stated the applicant must,meet one of 3 alternatives. The 50Q-foot requirement may be waived if the applicant demonstrates a unique condition. Language related to this requirement is in the conditional use requirement section. c:> In response to a question, Ms. Dougall-Sides said 3 ordinance sections apply to this case. Staff from various departments review the request, provide input, and compile a report. Next, Planning and Development Services staff reviews the information, determines if ,the application complies with standards of approval, and submits recommendations to the appropriate board. Currently, applicants are required to appear before both the DCAB (Development Code Adjustment Board) and P&Z to obtain all necessary variances and conditional uses. She said the P&Z is authorized to impose a condition of approval requiring applicants to obtain all requisite variances. Discussion ensued regarding expert testimony. It was remarked staff are experts in their fields and have supplied the board with their recommendations. It was remarked public opinion, observations, and the general standards state the use shall be consistent with the character of surrounding properties. Further in the standards, the language indicates the P&Z can use other criteria determined to be appropriate. In response to a question, Ms. Dougall-Sides said the City notifies the public within 500 feet of the subject property of conditional use requests, although the code only requires notification within 200 feet. Mr. Browder said he was impressed by the community activism and felt the request will improve the neighborhood's appearance. He said the beer bottles shown in the photographs cannot be from the coffee house since the applicant does not sell alcoholic beverages. The goal is for the business to remain a coffee house. The applicant intends to comply with alcoholic beverage sales requirements. He felt patrons will not drink excessively due to the business' location across from the police substation. He felt code supports approval. mpz 12a98 5 12/01/98 \ I ~ ! \, , , '.' \, ~ " " , Member'Mazur moved to deny Item CU 98~44. The motion was duly seconded and carried 6/0. Chair Hilkert was not present for the vote. . ITEM D - Annexation, Zonlna. Land Use Plan Amendment. Land Development Code Text Amendment, and Local Plannina Aaencv Review - None. ITEM' E - Chairman's Items ~ None. ITEM F - Director's Items Director of Planning Ralph Stone updated the P&Z on Commission direction to the consultant regarding the new lDC (land Development Code) based on concerns expressed at the last P&Z meeting: 1) accessory units or "granny flats" to be eliminated from all single-family residential districts; 2) wall heights in front yards of single~family residential districts to be limited to 36 inches; 6~foot high walls to be permitted in front yards of multi~family units; 3) appeals submitted to the new CDB (Community Development Board) related to flexible standard developments to include a 5~day appeal process for neighbors to express concerns.' COB to review appeal as a consent item. COB to review conditions of the appeal and staff recommendations, and can discharge the appeal or take action; and 4) consultants directed to provide specific guidelines regarding NCD (Neighborhood Conservation Districts). Mr. Stone briefly presented the NCD process to the board. Overlay districts will not affect current or future deed restrictions. " (,r:iJ";, r~'tf" , In response to a question, Mr. Storie said the Commission seems to be comfortable with the sign proposal. The new ordinance includes flexible criteria. In response to a question, Ms. Dougall~Sides said sign provisions are designed to eliminate the City's liability for accidents. ITEM G - Board and Staff Comments Ms. Glatthorn said the P&Z's Christmas luncheon is scheduled for 12:00 p.m. , on December 15, 1998, at the Beachcomber restaurant. ITEM H - Adiournment . The meeting adjourned at 4:39 p.m. ~ . Chair, Planning and Zoning Board ~: , f1drJ. tmfb1c; . Board Reporter mpz 12a98 6 12/01/98 . ! I 1 I j I ~ ~' \~ '.'....., ..... I '. ~ .: .,. I. . ~ " .\ ," t;,' PLANNING AND ZONING BOARD MEETING. ACTION AGENDA Tuesday, December 1, 1998 Call to Order, Invocation, Pledge of Allegiance - 2:00 p.m. Minutes Approval - November 17, 1998 - Approved as amended. It was requested adding to Item CU 98-45 that Member Mazur was not present for the vote. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None C. CONDITIONAL USES: 1 . Roaers Enterorises/BiII Roaers (Tire Kingdom) to permit a retail tire store with related vehicle services at 2838 Gulf to Bav Blvd., Gulf to Bay Gardens Sub, Lots 35, 36, 37, 38 and part of Lot 34, zoned CG (General Commercia!)" CU 98-43 I, ACTION: Approved as requested, subject to conditions recommended by 'staff. It was noted Condition #6 had been amended by staff to read: "The applicant shall not utilize any portion of the property that is zoned residential for vehicle service uses." C~ ~.'l;l' > 2. Weiland Irle/Mother's Milk Coffeehouse, Inc. to permit nightclubs, taverns, and bars (2 COP) at 1300 N. Ft. Harrison Ave., Enghurst Sub, Lots 41, 42, 43 and part of Lot 40, zoned CI (lnfill Commercial). CU 98-44 'ACTION: Denied. Chair Hilkert was not present for the vote. D. ' ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND , DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW - None. E. CHAIRMAN'S ITEMS - None. F. " DIRECTOR'S ITEMS Director of Planning Ralph Stone updated the board on the City Commission's decisions regarding the Planning & Zoning Board's concerns about TDR (Transfer Development Rights), Landscaping, Parking, Signs, and NCD (Neighborhood. Conservation Districts.) He also reviewed NCD proposed guidelines and the proposed appeal process for NCD. G. BOARD AND STAFF COMMENTS - None. H. ADJOURNMENT - 4:39 p.m. (' .} ~ mpz 1 2a.act 1 12/01/98 ~' :.' . "<l ,; . , " j '. I' , ,Cl.