Loading...
05/30/1989 MINUTES PLANNING & ZONING BOARD TUESDAY, MAY 30, 1989 - 1:30 PM Members Present: Chairman Johnson, Ms. Nixon, Messrs. Green, Hamilton, and Schwob Members Absent: Mr. Ferrell; one position vacant A. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to continue approval of the minutes of the May 16, 1989 meeting. Motion carried unanimously (5 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. (CONTINUED FROM 5/2/89 AND 5/16/89) (TO BE CONTINUED TO 6/27/89) 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 the applicant has submitted a letter requesting the above item be continued to the Planning and Zoning Board Meeting of June 27, 1989. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to continue the above request to the Planning and Zoning Board Meeting of June 27, 1989. Motion carried unanimously (5 to 0). 2. (CONTINUED FROM 5/16/89) Lots 8 through 11, Blk. 8, Clearwater Beach Sub. Rev. (32 Bay Esplanade) Nostimo, Inc. (Pick Kwik Food Stores, Inc.)/Harry D. Hasty CU 89-37 Request - 2-APS (Package Sales of Alcoholic Beverages) Zoned - CB (Beach Commercial) Mr. Hamilton declared a conflict of interest (see form attached) and advised he will excuse himself from the Board for the subject item and will not vote in the Board's decision. Mr. Pruitt advised since there will be no quorum the above item must be continued. Motion was made by Mr. Schwob, seconded by Mr. Green, to continue the above request to the Planning and Zoning Meeting scheduled for June 13, 1989. Motion carried (4 to 0). 3. (CONTINUED FROM 5/16/89) Lots 7 through 13 and 15 through 20, Blk. B, Bayside Sub. No. 5 E & G Investors, Inc. (Gondolier Pizza)/Bill Sioutis/Calvin Samuel CU 89-34 (AMENDED APPLICATION) Request - 4-COP-SRX (On-Premise Consumption of Alcoholic Beverages) Zoned - CB (Beach Commercial) Mr. Pruitt advised as follows: This is a request for on-premise consumption of alcoholic beverages in the Beach Commercial zoning district, the specific request being approval of a new 4-COP-SRX State license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the proposed use is for a restaurant with 150 seats within a retail shopping plaza under construction on Clearwater Beach; the Traffic Engineer commented there should be no further reductions in available parking to this development; a parking variance of seven spaces is required and is scheduled to be heard by the Development Code Adjustment Board on June 8, 1989; and, the Police Department saw no reason to deny license to applicant. Mr. Pruitt advised that 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 the Occupational License be obtained within one year. Mr. Pruitt advised the second condition is suggested to allow time for construction completion. Atty. George W. Greer, representative of proposed business owner, stated a family-type restaurant is proposed with hours of operation to be 7:00 AM to midnight. He also stated that no bar is intended and alcoholic beverage sales is simply an adjunct to the restaurant. After questioning by Mr. Schwob, Atty. Greer advised he does not know if there will be entertainment but if there is, it would be along the lines of one person . He clarified there would be no dancing or floor shows and only a family-type operation is intended. In opposition to the above request, the following persons appeared to give their comments: Mr. Peter Zhun, 675 South Gulfview Boulevard, President of Continental Towers Association, felt every request made for the subject property has required variances. He felt there were enough drinking establishments on the beach. He stated a pizza place would be an advantage but he dreaded another Dock of the Bay. He stated there are other places selling alcoholic beverages in the immediate area. He expressed concern about parking and hours of operation. He requested the hours of operation be reduced. He expressed concern that the Board would base its decision on staff recommendation. Chairman Johnson advised Mr. Zhun that the Board listens to staff recommendations but makes its decision on its own. After questioning by Ms. Nixon, Mr. Pruitt advised that the beach has a 50% reduction of parking requirements. Lt. Frank Polombo, Clearwater Police Department, stated he is representing the department and Chief Klein's view. He stated the police department comments submitted with alcoholic beverage requests relate only to background checks of an applicant. He stated there are in excess of 53 alcoholic beverage establishments on the beach, which are more than sufficient, and any additional establishments will create a hardship. Lt. Polombo stated the parking situation is critical. He also stated the subject property has been used for public parking and will no longer be available which will create additional problems. He further stated there are nearly a dozen establishments in the area that sell alcoholic beverages. Mr. Schwob felt that restaurant-type licenses do not have the same problems as that of a bar. Lt. Polombo agreed but stated it is very difficult to enforce the 51% food sales requirement. He added the State also has difficulty enforcing the SRX requirement. Mr. Green stated that applicant is requesting a midnight closing and the Board has usually found that problems occur with those establishments that close at 2:00 AM. Lt. Polombo stated a restriction to close at midnight is a good restriction but the applicant often comes back to the Board at a later date to ask that the restriction be lifted. In rebuttal, Atty. Greer stated applicant is not asking for package sales of alcoholic beverages but is asking for on-premise consumption in conjunction with food. He stated the purpose of this hearing is to decide if this applicant can operate and he felt other establishments should not be considered. He also stated the applicant is requesting a midnight closing. He clarified the only possible entertainment is one-man/one-instrument entertainment and applicant will agree to having no entertainment. He stated the parking variance is to go before another Board next week and should be the Development Code Adjustment Board's decision. He felt this Board's responsibility is to decide whether this applicant deserves a chance. After questioning by Board members, Atty. Greer advised there will be outdoor seating on the line of the Olive Garden and there will be no outside speakers. Ms. Nixon felt another alcoholic beverage establishment is not in the best interest of the beach and the property is directly across the street from a residential area. She stated she will not longer vote for approval of alcoholic beverage establishments when the establishment will directly impact on residential areas. Mr. Schwob felt there were different kinds of licenses and alcoholic beverage sales in conjunction with a meal should not be a problem. He did feel that conditions of approval should include a midnight closing and no outside speakers. Ms. Nixon felt if the request is approved the closing time should be 10:00 PM. Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above request subject to the following: 1) That a parking variance be approved by the Development Code Adjustment Board; 2) That the Occupational License be obtained within one year; 3) That there be no outside speakers; and, 4) That the establishment close at midnight. Mr. Hamilton expressed concern about outside seating because, though the request is for an SRX license, outside seating can create a lot of noise. He also expressed concern about parking but stated parking is not within the Planning and Zoning Board's jurisdiction. Mr. Hamilton stated the outside seating at the Olive Garden is not near a residential area and felt noise can be generated from outside seating areas. Mr. Schwob felt the SRX license, as intended, is where people would eat and there would be no live entertainment. After roll call, motion failed (2 to 3) with Messrs. Green and Schwob voting "aye" and Ms. Nixon and Messrs. Hamilton and Johnson voting "nay." 4. M&B 34.36, Sec. 01-29S-15E, (1710 Hercules Avenue) Clark Investments, Inc. (Sophia's Pizza Restaurant)/Peter Drakakis CU 89-38 Request - 2-COP (On-Premise Consumption of Alcoholic Beverages) Zoned - IL (Limited Industrial) The applicant was not present. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to continue the above request to the Planning and Zoning Board Meeting of June 13, 1989. Motion carried unanimously (5 to 0). C. Annexation, Zoning, Land Use Plan amendments, and Local Planning Agency Review: 1. (CONTINUED FROM 5/16/89) M&B 13.11, Sec. 12-29S-15E (Located at 1151 Kapp Drive) (NUS Corp.) A 89-07 Request - Annexation and Zoning, IL (Limited Industrial) The above property is located at 1151 Kapp Drive. The applicant was not present. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to continue the above request to the Planning and Zoning Board Meeting of June 13, 1989. Motion carried unanimously (5 to 0). 2. Lots 1, 2, 9, and 10, Blk. E, Brooklawn Sub. (Located at the southeast corner of Evergreen Avenue and Union Street) (Pearce) A 89-08 LUP 89-05 Request - Annexation and Zoning, RM-12 (Multiple Family Residential "Twelve") Land Use Plan: FROM: Low Density Residential TO: Medium Density Residential The above property is located at the southeast corner of Evergreen Avenue and Union Street. Mr. Dell Pearce, property owner, stated the property consists of four lots now located in the county. He stated the property has been surrounded by city property for years. He stated he wants to build on the land or sell to another developer. He requested the annexation and zoning be approved. Mr. Pruitt advised as follows: This is a request for annexation, RM-12 (Multiple-Family Residential "Twelve") zoning, and a Land Use Plan Amendment to Medium Density Residential; the presently vacant parcel is proposed to be developed with a small apartment building; the Public Works Department notes an additional 10 feet of right-of-way for Union Street and a 10-foot drainage and utility easement will be required upon development of the property; City sewer will have to be extended to the property; and, water and natural gas is available. Mr. Pruitt advised staff recommended approval of the request for annexation, RM-12 (Multiple-Family Residential "Twelve") zoning, and a Land Use Plan Amendment to Medium Density Residential. 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 annexation, RM-12 (Multiple-Family Residential "Twelve") zoning and the Land Use Plan amendment to Medium Density Residential. Motion carried unanimously (5 to 0). 3. M&B 22.012, Sec. 07-29S-16E, (Located on the east side of Belcher Road, approximately 150 feet south of South Lagoon Circle, 1625 North Belcher Road) (The Salvation Army) A 89-10 LUP 89-06 Request - Annexation and Zoning, P/SP (Public/Semi-Public) Land Use Plan: FROM: Low Density Residential TO: Public/Semi-Public The above property is located on the east side of Belcher Road, approximately 150 feet south of South Lagoon Circle, 1625 North Belcher Road. Mr. Harlan Merhige, Advisory Board member of Salvation Army, stated the above request will benefit Clearwater and Upper Pinellas County. He advised the open space fees have been paid and the property is 7.5 acres. Mr. Pruitt advised as follows: This is a request for annexation, P/SP Zoning and a Land Use Plan Amendment to Public/Semi-Public; the property is presently vacant but is proposed to be developed with a Salvation Army facility consisting of offices, a chapel and classrooms; the County's Land Use Plan will remain Low Density Residential and, if approved by the City, the Land Use Plan amendment will require State review; the surrounding uses are single-family residential to the North, the Clearwater for Youth Project to the South, a mobile home park to the east, and industrial to the west; impact on traffic circulation will increase; and, there will be no problem with sewer treatment facilities. After questioning by Ms. Nixon, Mr. Pruitt explained the figures in the LPA review. Mr. Pruitt advised staff recommended approval of the request for annexation, P/SP (Public/Semi-Public) zoning and a Land Use Plan Amendment to Public/Semi-Public. After questioning by Mr. Schwob, Capt. Donald Canning, Salvation Army, stated the subject facility is a church and public-service type facility for residents within the area and the facilities in downtown Clearwater are for administrative and transitional uses. He also stated that services such as services to the needy, will be done from downtown. He stated the subject location will primarily be a church and be program oriented. Chairman Johnson asked for those in support to stand and many people in the audience voiced their support of the project. No persons appeared in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Green, to recommend approval of the request for annexation, P/SP (Public/Semi-Public) zoning and a Land Use Plan Amendment to Public/Semi-Public. Motion carried unanimously (5 to 0). 4. M&B 41.05, Sec. 24-29S-15E (Located at the northwest corner of Belcher and Nursery Roads, 1496 South Belcher Road) (Mobil Oil Corp.) Z 89-07 Zoning Atlas: FROM: CC (Commercial Center) TO: CG (General Commercial) The above property is located at the northwest corner of Belcher and Nursery Roads, 1496 South Belcher Road. Ms. Angela Adams, representative of Mobil Oil Corp., the subject parcel is individually owned. She stated that in 1985 when the property was rezoned it was assumed that the station was an out parcel but was in fact individually owned. She stated the property owner cannot comply with the Code unless the property is rezoned to General Commercial as it previously was zoned. After questioning by Board Members, Ms. Adams advised as follows: Mobil Oil is redeveloping its properties and the subject property will be brought into current Code requirements as much as possible; in 1985 when the property was rezoned, it was owned by someone else; the subject Mobil Oil station currently has an alcoholic beverage license; and Mobil purchased all Kayo properties in a blanket purchase and individuals requirements for all of the properties were not known at the time of the purchase. After questioning by Ms. Lois Cormier, 625 McLennan Street, Ms. Adams clarified that Mobil Oil Corp. was before the Development Code Adjustment Board the past week the subject property is a different property than what was before the Development Code Adjustment Board. Mr. Pruitt advised as follows: This is a request for a zoning atlas amendment form CC (Commercial Center) to CG (General Commercial); the parcel was originally zoned General Commercial but was amended to Commercial Center in conjunction with the adoption of the Land Development Code in 1985; the property is presently developed as a vehicle service station and is under different ownership than the adjacent shopping center; and the request is being made to permit an addition to the existing facility which would not be possible under the setback requirements of the existing Commercial Center zoning. Mr. Pruitt advised it is staff's point of view that the City Commission did not intend for parcels such as this to be included in the shopping center zoning category; and, for that reason, staff recommended approval of the request for a zoning atlas amendment from CC (Commercial Center) to CG (General Commercial). Motion was made by Mr. Schwob, seconded by Ms. Nixon, to recommend approval of the request for a zoning atlas amendment from CC (Commercial Center) to CG (General Commercial). Motion carried unanimously (5 to 0). E. Director's Items Mr. Jim Polatty the new director of the Planning and Development Department was introduced. Mr. Polatty stated he would like to meet with each individual Board member in the future. F. Board and Staff Comments Discussion followed regarding the City's parklands and how State and national standards compared with what the City actually has. Meeting adjourned at 2:50 PM.