Loading...
05/02/1989 MINUTES PLANNING & ZONING BOARD TUESDAY, MAY 2, 1989 - 1:30 PM Members Present: Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Green, Hamilton, and Schwob Members Absent: Mr. Ehrig A. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the minutes of the March 14, 1989, April 4, 1989, and April 18, 1989 meetings as corrected. 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. (REQUEST FOR EXTENSION) M&B 23.04, Sec. 18-29S-16E (125 South Belcher Road) Richard Brutus CU 88-98 Request - Animal Grooming and/or Boarding Facilities Zoned - CG (General Commercial) Mr. Pruitt advised this is a request for extension of a conditional use approved by this Board on November 15, 1988. He also advised the applicant is requesting the extension for the purpose of obtaining financing. Mr. Pruitt advised staff recommended approval of the request for extension subject to the following: 1) That the Building Permit be obtained within six months; and, 2) That all boarding be indoors. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the request for extension subject to the following: 1) That the Building Permit be obtained within six months; and, 2) That all boarding be indoors. Motion carried unanimously (6 to 0). 2. M&B 33.02, Sec. 28-28S-16E (2508A McMullen-Booth Road) Rutenberg Safety Harbor, Ltd. (LaRosa's)/Michael Casey CU 89-25 Request - 2-COP (On-premise consumption of alcoholic beverages) Zoned - CC (Commercial Center) Mr. Pruitt advised as follows: This is a request for on-premise consumption of alcoholic beverages in the Commercial Center zoning district; the specific request is for a change of business ownership of a 2-COP State license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the Traffic Engineer had no comments; and, the Police Department saw no reason to deny license to applicant. Mr. Pruitt stated applicant proposes no expansion. He also stated no variance to the separation distance requirement is required. Mr. Pruitt advised staff recommended approval of the above request subject to the following: 1) That the new alcoholic beverage license be procured within six months; and 2) That the new Occupational License be procured within six months. Mr. Michael J. Casey, applicant, stated he is purchasing the restaurant and wants to continue its operation. He stated he wants to serve beer and wine with meals and there will be no carry-out beer or wine. After questioning by Mr. Schwob, Mr. Casey stated he has had no experience in serving alcoholic beverages but he has had experience in the restaurant business. He also stated he is on the premises from 8:00 AM to 10:00 PM. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above request subject to the following: 1) That the new alcoholic beverage license be procured within six months; and 2) That the new Occupational License be procured within six months. Motion carried unanimously (6 to 0). 3. M&B 23.05, Sec. 05-29S-16E (1923 U.S. Hwy. 19 North) Robert Enterprises (formerly Vista Grande Investments) (Gigi's Restaurants, Inc.)/Steven Newberne CU 89-26 Request - 4-COP-SRX (On-premise consumption of alcoholic beverages) Zoned - CC (Commercial Center) Mr. Pruitt advised as follows: This is a request for on-premise consumption of alcoholic beverages in the Commercial Center zoning district; the specific request is for a change of business ownership of a 4-COP-SRX State license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the Traffic Engineer had no comments; and, the Police Department saw no reason to deny license to applicant. Mr. Pruitt stated the above request was before this Board on February 28, 1989 for a change of business ownership and is now before this Board again for a change of business ownership. He also stated no variance to the separation distance requirement is required. Mr. Pruitt advised staff recommended approval of the above request subject to the following: 1) That the new alcoholic beverage license be procured within six months; and 2) That the new Occupational License be procured within six months. Mr. Steven Newberne, applicant, stated he previously owned the restaurant and sold it and the restaurant has now been turned over to him. He stated he wants to reopen the restaurant. After questioning by Mr. Ferrell, Mr. Newberne stated there will be no changes in the operation. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above request subject to the following: 1) That the new alcoholic beverage license be procured within six months; and 2) That the new Occupational License be procured within six months. Motion carried unanimously (6 to 0). 4. Lot 3 and part of Lot 4, Blk. 84, Mandalay Replat Unit 5 (647 Mandalay Avenue) Laura H. Wagner (The Ship Wreck)/Larry H. Wagner CU 89-27 Request - 4-COP-SRX (On-premise consumption of alcoholic beverages) Zoned - CB (Beach Commercial) Mr. Pruitt advised a letter has been received from the applicant in which the applicant requested a continuance of the above request to the Planning and Zoning Board Meeting scheduled for May 16, 1989. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the request for continuance of the above request to the Planning and Zoning Board Meeting scheduled for May 16, 1989. Motion carried unanimously (6 to 0). 5. M&B 22.01, Sec. 17-29S-16E (163 U.S. Hwy. 19 North) Drew 19 Partnership (Copper Mug)/Eat Out Corp./Bruce Abdelhak CU 89-28 Request - 2-COP (On-premise consumption of alcoholic beverages) Zoned - CC (Commercial Center) Mr. Green declared a conflict of interest (see form attached) and stated he would not take part in the voting. Mr. Pruitt advised as follows: This is a request for on-premise consumption of alcoholic beverages in the Commercial Center zoning district; the specific request is for a change of business ownership of a 4-COP-SRX State license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the Traffic Engineer had no comments; and, the Police Department saw no reason to deny license to applicant. Mr. Pruitt stated applicant proposes no expansion. He also stated no variance to the separation distance requirement is required. Mr. Pruitt advised staff recommended approval of the above request subject to the following: 1) That the new alcoholic beverage license be procured within six months; and 2) That the new Occupational License be procured within six months. Mr. Bruce Abdelhak, applicant, stated he has just purchased the business, he plans no changes in the operation, and he has had seven years experience in the restaurant business. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the new alcoholic beverage license be procured within six months; and 2) That the new Occupational License be procured within six months. Motion carried (5 to 0), with Mr. Green abstaining. 6. M&B 23.18, Sec. 18-29S-16E (2284 Gulf-To-Bay Boulevard) Singer-Rice (Unique Restaurants, Inc.)/Joseph Parker CU 89-29 Request - 4-COP-SRX (On-premise consumption of alcoholic beverages) Zoned - CG (General Commercial) Mr. Pruitt advised as follows: This is a request for on-premise consumption of alcoholic beverages in the General Commercial zoning district; the specific request is for a change of business ownership of a 4-COP-SRX State license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the Traffic Engineer had no comments; and, the Police Department saw no reason to deny license to applicant. Mr. Pruitt stated applicant proposes no expansion. He also stated no variance to the separation distance requirement is required. Mr. Pruitt advised staff recommended approval of the above request subject to the following: 1) That the new alcoholic beverage license be procured within six months; and 2) That the new Occupational License be procured within six months. Mr. Levan Hitchens, representative of applicant, stated applicant is in the process of purchasing the property and wishes to open a contemporary restaurant. He advised there will be no dancing or live music on the premises. He also advised applicant merely intends to upgrade the property. After questioning by Ms. Nixon, Mr. Hitchens stated the operation will be on the line of Sweetwater's operation and there will be no live entertainment. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the new alcoholic beverage license be procured within six months; and 2) That the new Occupational License be procured within six months. Motion carried unanimously (6 to 0). 7. M&B 44.03, Sec. 31-28S-16E (2160 U.S. Hwy. 19 North) Florida Deestar Corp. (Melons)/Mascara CU 89-30 Request - 4-COP-SRX (On-premise consumption of alcoholic beverages) Zoned - CH (Highway Commercial) Mr. Pruitt advised as follows: This is a request for on-premise consumption of alcoholic beverages in the Highway Commercial zoning district; the specific request is for a change of business ownership of a 4-COP-SRX State license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the Traffic Engineer had no comments; and, the Police Department saw no reason to deny license to applicant. Mr. Pruitt stated applicant proposes no expansion. He also stated no variance to the separation distance requirement is required. Mr. Pruitt advised staff recommended approval of the above request subject to the following: 1) That the new alcoholic beverage license be procured within six months; and 2) That the new Occupational License be procured within six months. Mr. Russell Latimer, representative of business owner, stated the corporation is turning the restaurant back to the parent corporation and there will be no change in the type of operation. He stated the restaurant is involved with the community. Mr. Latimer stated there will be no entertainment or dancing. He also stated the restaurant operates with a higher percentage of food sales than alcoholic beverage sales. In support of the above request, the following persons appeared to give their comments: Charles Cope, representative of property owner, stated Melons has been a key tenant to the shopping center and the restaurant draws other tenants and traffic in to the shopping center. Joseph Lee Parker, Lee Arnold Management Services, stated he has dined in the restaurant. He also stated Melons is active in the community. Mr. Parker advised that Lee Arnold Management Services was formerly the property manager of the subject shopping center and during that time, Melons was a good client. Mr. Pruitt advised one letter of objection was received from a nearby resident (see attached). In opposition to the above request, the following persons appeared to give their comments: Ralph Ball, resident of Hillcrest Villas, stated he cannot sell his property because of Melons. He expressed concern about the traffic and also about odors that come from Melons. Michael Beck, manager of adjacent beer and wine establishment, requested that restrictions be placed on hours of operation if the Board approves the request. He stated with two operation so close there are often problems. He felt that a 10:00 PM or 11:00 PM closing should be late enough for a restaurant to be opened. Paula Roman, attorney representing Hillcrest Villas Association, stated Hillcrest Villas is located directly adjacent to Melons. She stated that, even though the request is for a change of business ownership, there are traffic problems. She stated there is now a fence separating the residential area from Melons. She felt many of the problems are related directly to alcohol. She submitted a copy of an accident report (see attached) indicating an alcohol-related accident occurred at the intersection where Melons and Hillcrest Villas is located. She clarified the accident did not involve a visitor to Melons. She also stated there are bad odors coming from the overflow of grease traps. She advised a lawsuit, regarding an easement, is pending between the property owner and Hillcrest Villas. Natalie Tulley, resident of Hillcrest Villas, expressed concern about flow of traffic from Melons and also about drunks from Melons. After questioning by Ms. Nixon, Ms. Tulley stated she knows the people are from Melons because she watches the establishment. Joan Adams, manager of Hillcrest Villas, stated there have been many problems the last several years. She stated trucks are parked in the egress area. She stated the association has spent thousands of dollars trying to keep their property safe and in good condition. She showed the Board photographs of the area behind the restaurant. Ms. Adams asked that the photographs be returned to her. In support rebuttal, Mr. Cope stated the objections do not indicate the traffic problems are related to the subject request. He stated the easement is a matter of litigation and should not be used in considering whether this request is approved. He added that Melons has been in operation for seven years and the only reason the existing business is closed is because the restaurant is being remodeled. Mr. Cope stated Mr. Latimer would show the Board the results of complaints with Pinellas County Health Department. In support rebuttal, Mr. Levan Hitchens, Lee Arnold Management Services, stated he has eaten at the restaurant many times. He expressed concern that Melons has been blamed for all the problems when there is another alcoholic beverage establishment in the shopping center. He stated Melons must operate with at least 51% of its total sales being food sales and the other alcoholic beverage establishment serves beer and wine and must not meet a food requirement. In opposition rebuttal, Mr. Beck stated his lease with the shopping center does not allow him to sell more than sandwiches and snacks. He felt it is hard liquor that causes problems. He stated there has been no vandalism or other problems since Melons has been closed. In opposition rebuttal, Atty. Roman stated there have been many complaints filed with the Pinellas County Health Department against Melons. She stated complaints about sewage were investigated by the Pinellas County Health Department but, since the Health Department could not make immediate response, the complaints were considered unfounded. She expressed concern that delivery trucks cause traffic to back up. In final rebuttal, Mr. Latimer stated as follows: Melons has no control of ingress/egress of traffic and there is a lot of traffic in the shopping center; average customer bill is $4.75 which indicates food sales is a large portion of total sales; and, he submitted a copy of the Health Department's response to every complaint (see attached), which complaints were stated to be unfounded. After questioning by Mr. Schwob, Mr. Latimer stated that Liquor Control recently audited Melons books and the audit indicated Melons food sales were 57% of total sales. Mr. Latimer added there is no reason for customers to stay and drink alcohol as there is no entertainment. Mr. Hamilton stated he sees no justification for the complaints regarding parking because the parking lot is a common parking lot. He also felt it is not a good idea to limit the hours of operation of one establishment and not the other. Mr. Schwob stated he was impressed that the applicant meets the SRX requirement. He felt problems usually come from places not meeting the food requirement. Mr. Green stated, though he can understand the problems of living immediately adjacent to a restaurant, he felt no reasons have been stated to justify limiting hours of operation. Motion was made by Mr. Hamilton, seconded by Mr. Schwob, to approve the above request subject to the following: 1) That the new alcoholic beverage license be procured within six months; and 2) That the new Occupational License be procured within six months. Motion carried unanimously (6 to 0). 8. M&B 24.02, Sec. 17-29S-16E (2794 Gulf-to-Bay Boulevard) Hampton Square Associates, Ltd. (Dinker's)/Bruce Heisler CU 89-31 Request - 4-COP (On-premise consumption of alcoholic beverages) Zoned - CG (General Commercial) Mr. Pruitt advised as follows: This is a request for on-premise consumption of alcoholic beverages in the General Commercial zoning district; the specific request is for an expansion of about 3,000 square feet to a currently existing 4-COP State license; the expansion will include accommodation to seat an additional 90 people; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the Traffic Engineer commented the applicant will not meet parking requirements and a parking variance will be required; and, the Police Department saw no reason to deny license to applicant. Mr. Pruitt stated a variance for number of required parking spaces will be required to be approved by the Development Code Adjustment Board. He also advised variances to separation distance from a residential zone and a similarly licensed facility will be required to be approved by the City Commission. Mr. Pruitt advised staff recommended approval of the above request subject to the following: 1) That a parking variance be approved by the Development Code Adjustment Board; and 2) That variances to the separation distance from a residential zone and a similarly licensed facility be approved by the City Commission. Mr. Bruce Heisler, representative of applicant, stated Dinker's is expanding and converting to a complete restaurant operation. He stated the operation has been in the center for many years with no complaints. He also stated Dinker's employees always clean up the parking lot and also notify him when there is something the shopping center management must handle. Mr. Patrick Quinlan, applicant, stated he wants to expand for the purpose of selling food. He stated food sales currently constitute 10% and he is projecting 30% to 40% in food sales after the expansion is completed. He advised the establishment does have a disc jockey on weekends. He also advised there is a variety of clientele among which are many people to visit the establishment after local sports activities. He stated the proposed operation is intended to cater to a food business but the new regulations for parking put a strain on the operation. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above request subject to the following: 1) That a parking variance be approved by the Development Code Adjustment Board; and 2) That variances to the separation distance from a residential zone and a similarly license facility be approved by the City Commission. Ms. Nixon, referring to Traffic Engineer's comments, expressed concern regarding the mix of the center. Mr. Pruitt advised the center is a retail center. Mr. Green stated he has some concern regarding parking but felt many of the customers would be at the establishment at a time when other establishments do not need parking spaces. Mr. Green also stated the parking is something that must officially be handled by the Development Code Adjustment Board. Mr. Schwob felt the use would not conflict with other uses and felt a sports-minded establishment attracts a different crowd from those with which there have been problems. Motion carried (5 to 1) with Ms. Nixon voting "nay." C. Annexations and Zonings: 1. Lot 5, Suban's Sub. (Located at 1828 West Drive) (Waydovic & Davis) A 89-04 Request - Annexation and Zoning RS-8 (Single-Family Residential "Eight") The above property is located at 1828 West Drive. The applicant was not present. Mr. Pruitt advised as follows: This is a request for annexation and RS-8 (Single-Family Residential "Eight") zoning; City water and sewer and natural gas are available; there is an existing single-family residence on the property; and the zoning is compatible with the adjacent land uses. Mr. Pruitt advised staff recommended approval of the request for annexation and RS-8 (Single-Family Residential "Eight") zoning. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of the request for annexation and RS-8 (Single-Family Residential "Eight") zoning. Motion carried unanimously (6 to 0). 2. M&B 21.06, Sec. 16-29S-16E (Located on east side of McMullen-Booth Road and approximately 400 feet south of Drew Street) (Rodriquez) A 89-05 Request - Annexation and Zoning RS-8 (Single-Family Residential "Eight") The above property is located on east side of McMullen-Booth Road and approximately 400 feet south of Drew Street. Mr. Michael Sofarelli, applicant, stated he is proposing a 19-lot single-family subdivision. He stated the subdivision will conform to the RS-8 zoning district. He stated he is working on making sewage available and water is currently available. Mr. Pruitt advised as follows: This is a request for annexation and RS-8 (Single-Family Residential "Eight") zoning; City sewer and water and natural gas are available; a subdivision plat has been received and will be presented to the City Commission on June 1, 1989; a 10-foot drainage and utility easement will be required; and the zoning is compatible with neighboring parcels and with the Land Use Plan. Mr. Pruitt advised staff recommended approval of the request for annexation and RS-8 (Single-Family Residential "Eight") zoning. In opposition to the above request, the following person appeared to give his comments: Mr. John Connoly, nearby property owner, questioned the number of homes being built, as he was told there would only be 8 homes. He expressed concern about flooding problems. Mr. Pruitt stated drainage will be part of the site plan review process. Mr. Green advised that if the property is not annexed the City will have no say in how the property is developed. He also stated the proposed subdivision will have lots similar in size to surrounding lots. After questioning by Mr. Schwob, Mr. Pruitt stated the City will be very strict regarding drainage in order to protect surrounding property owners. In rebuttal, Mr. Sofarelli stated he plans to alleviate flooding problems and there are definite plans for storing stormwater. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of the request for annexation and RS-8 (Single-Family Residential "Eight") zoning. Motion carried unanimously (6 to 0). F. Board and Staff Comments Chairman Johnson stated he will not be at the Planning and Zoning Meeting scheduled for May 16, 1989. Mr. Hamilton stated he will be excusing himself from the Board for an item to be heard May 16, 1989. Discussion followed regarding the possibility of there not being a quorum should another Board member not be present since Mr. Hamilton will not be declaring a conflict of interest but will be "excusing" himself from the Board for that item. Mr. Pruitt advised the City Attorney would be contacted about the issue of whether there will be a quorum. Mr. Hamilton stated citizens have made many comments to him regarding policies in the Coastal Zone Management Element of the Comprehensive Plan which addressed post-disaster rebuilding allowability. He also stated these policies will directly affect his property and he may be in opposition to the City's position regarding rebuilding if they are not changed. Meeting adjourned at 3:13 PM.