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12/05/1989 MINUTES PLANNING & ZONING BOARD TUESDAY, DECEMBER 5, 1989 - 1:30 PM Members Present: Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Green (arrived at 2:26 PM), Hamilton, Mazur, and Schwob A. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the minutes of the October 3, 1989 and October 17, 1989 meetings as written. Motion carried (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 31.01, Sec.30-28S-16E (2696 U.S. Hwy. 19 North) Mobil Oil Corp. (Mobil Oil Service Station #02-483) Angela Adams CU 89-35 Request - 2-APS (Package Sales of Alcoholic Beverages) Zoned - CH (Highway Commercial) Mr. Richter gave the background of the case and advised staff had no objection to the request for extension. Ms. Angela Adams, representative of applicant, stated applicant cannot obtain a building permit until the Department of Transportation issues its permit. 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 for six months. Motion carried (4 to 2) with Ms. Nixon and Mr. Mazur voting "nay." Ms. Nixon stated she would not vote for the extension because she did not vote for the original request. Mr. Mazur stated he was not a member the first time the request was heard and he will not vote for a request where there are both gasoline and alcoholic beverage sales. 2. M&B 11.06, Sec.18-29-16E (120 U.S. 19 N) Alpaugh, Birdsong & Sutton (Siam Gardens II) CU 89-89 Request- 4-COP-SRX (On-Premise Consumption of Alcoholic Beverages) (BUSINESS OWNERSHIP CHANGE) Zoned - CH (Highway Commercial) Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation. Mr. Piboon Kitiratanasumpun, applicant, stated he is the new owner and he wants to sell food and liquor. After question by Mr. Schwob, Mr. Kitiratanasumpun stated his restaurant will specialize in Siamese-type food. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Ms. Nixon, to approve the above request subject to the following: 1) That the occupational license be procured within six months. Motion carried unanimously (6 to 0). 3.Lots 9 & 10, Bamboo Sub. (515, 517, & 521 Bamboo Lane) SDS Investments (Carlisle Motors)/Emil C. Marquardt, Jr. CU 89-90 Request - Vehicle Service Zoned- CG (General Commercial) Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation. Emil C. Marquardt, Jr., representative of applicant, stated this request is different than the request made in January, 1989 because this is a different dealership and there is a need for service bays. He felt the use is compatible and is far away from residential areas. He expressed concern regarding the condition of approval that dealt with the ingress/egress off Gulf-to-Bay Boulevard. He stated there are currently two curb cuts off Gulf-to-Bay and the second cut was added to keep vehicles from Bamboo Lane. After questioning by Board Members, Mr. Hank St. Jean, representative of applicant, stated the intent of the use of the facility is for major repairs with the exception of body work and the hours of operation will be the same as Carlisle Motors. Mr. Larry Davis, employee of Carlisle Lincoln Mercury, stated the facility will operate under normal working hours from 8:00 AM to 5:00 PM five days a week and the dealership will be very small. After questioning by Board Members, Mr. Davis advised there is no objection to limiting engine testing to the hours of 8:00 AM to 5:00 PM and the plan with two curb cuts was recently approved. He felt the Development Review Committee was a more appropriate forum to deal with many of the proposed conditions. After questioning by Mr. Schwob, Mr. Davis advised there is no objection to not allowing speakers on the south portion of the property. After questioning by Ms. Nixon, Mr. Davis advised the home to the south of the subject property is vacant. In opposition to the above request, the following person appeared to give his comments: Mr. James McDermit, 530 Bamboo Lane, stated there are no stop signs and you can hear the loudspeaker system from very far away. After questioning by Board Members, Mr. Richter advised as follows: Some of the conditions of approval could be handled through the Development Review Committee but this Board should see if there is acceptable egress/ingress; there could be more safety problems with two access points; and, the Comprehensive Plan has now been adopted and it allows for only one point of access. Ms. Nixon felt it was this Board's responsibility to address the number of points of access. Mr. Mazur felt the Traffic Engineer was best suited to address the issue of points of access. In final rebuttal, Mr. Marquardt requested the Board specify a condition that the points of access from Gulf-to-Bay be addressed by the Traffic Engineer and the Building permit be required to be obtained within six months of certification of the site plan. Mr. Schwob felt the key question seems to be access points from Gulf-to-Bay and stated he would have no problem referring the same to the Development Review Committee. Mr. Mazur felt it should be communicated to the Development Review Committee that this Board is in favor of one access point from Gulf-to-Bay if feasible. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the question of number of access points on Gulf-to-Bay be determined by Development Review Committee; 2) That there be only one access to Bamboo Lane as shown on the attached plan; 3) That the south wall of the service building contain no openings and be a minimum of 80 feet from the south property line; 4) Landscaping be provided along Bamboo Lane as shown on the plan as shaded areas; 5) That a five (5) foot high opaque landscaping screen be provided along the south property line; 6) That the existing and proposed fences and landscaping be maintained in an orderly manner; 7) That there be no outside speakers on Lots 9 and 10; 8) That any lighting be shielded from the residential areas to the south and east; 9) That the building permit be obtained with six months of certification of the site plan; 10) That engine testing be confined to between 8:00 AM to 6:00 PM on workdays; 11) That major engine repair, with the exception of body work, be permitted. Motion carried unanimously (6 to 0). 4.M&B 31.02, Sec. 22-29-15E (1467 S. Greenwood Ave.) Kiggins & Kenly (Bud's Place)/Bobby L. Cowart CU 89-91 Request - 2-APS (Package Sales of beer and wine)(BUSINESS OWNERSHIP CHANGE) Zoned - CG (General Commercial) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. Mr. Robert Cowart, applicant, stated he is taking over the business of the current owner. After questioning by Board Members, Mr. Cowart advised he will run the same operation, he has 16 years experience, and was previously involved with a bar/restaurant on North Greenwood. In opposition to the above request, the following person appeared to give her comments: Ms. Lois Cormier, 625 McClennan, stated she spoke in opposition to the previous request for the sale of alcoholic beverages at the subject property. She stated the establishment is located across the street from subsidized housing and a recreation. She also stated the area has severe drug problems. She advised that, to her knowledge, there have been no complaints regarding the subject operation. She requested that a limitation of hours be established if the Board approves the request. In support rebuttal, Mr. John Howard Moore, current owner of establishment, stated the establishment is a very simple, little neighborhood center and he has a tremendous amount of local trade. He advised there have been no problems. He felt the neighborhood has been cleaned up and the drug problems are in the past. He stated he was confident the new applicant will do a good job and felt the hours of operation are not unreasonable. In final rebuttal, Mr. Cowart stated he was raised in the neighborhood and knew when drugs got to be a problem and he felt the situation has gotten better. He advised he has no problem with drug people near the store. After questioning by Mr. Schwob, Mr. Cowart stated he will be the primary person running the operation. Motion was made by Mr. Schwob, seconded by Mr. Mazur, to approve the above request subject to: 1) That the occupational license be obtained within six months; 2) That the hours of operation be limited to 9:00 AM to 11:00 PM weekdays, 9:00 AM to 11:00 PM Saturday, and 1:30 PM to 9:00 PM Sunday. Motion carried (5 to 1) with Ms. Nixon voting "nay." Ms. Nixon stated she is not voting in favor of the request because she did not vote in favor of the request the previous time it was before this Board. 5.M&B 14.13, Sec. 14-29-15 (1700 Gulf to Bay Blvd.) Orville Tucker/Tim J. Longland CU 89-92 Request - Outdoor Retail Sales Displays &/or Storage for Automobile Sales Zoned - CG (General Commercial) Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation. Mr. Polatty advised the recommended condition regarding the access point to Duncan may be eliminated because it is a road to a dock and not an access point. After questioning by Ms. Nixon, Mr. Richter stated it would be preferable to place a time limit on the completion of landscaping because there is no occupation license for outdoor sales and he suggested a three-month time limit. Mr. Orville Tucker, property owner and applicant, explained the history of the property and advised the property was built with an auto dealership in mind. He stated the property has been used for 15 years and the use has always been auto related. He felt the proposed operation should be a good addition to the area and, since the use is not a planned new use, the use should not be treated as new. He advised that some landscaping had been installed but people at the bus stop destroyed the landscaping. He felt it was necessary that some place be permitted for the showing of automobiles. In support of the above request, the following person appeared to give her comments: Ms. Debra Tucker, Lee Arnold and Associates, stated the previous and present tenants have met the zoning requirements and the present applicant has made improvements to the property. She felt there has been no change in use of the property. After questioning by Mr. Hamilton, Mr. Polatty stated this is a conditional use request and as such this Board may require more landscaping. Discussion followed regarding landscaping requirements. Ms. Nixon felt that, since the Board is trying to improve the City, landscaping should be required and the property would be more attractive with landscaping. Further discussion followed regarding the possibility some kind of trade on the landscaping requirement may be appropriate because of the uniqueness of the property. Motion was made by Mr. Mazur, seconded by Mr. Ferrell, to approve the above request subject to the following: 1) That one access to Gulf-to-Bay Boulevard be closed and the remaining access be in a location and of a width subject to approval by the Traffic Engineer; 2) That a landscape plan be reviewed and approved by staff, which plan shows the same square footage that would have been required with a five (5) foot landscaping strip on the property along Gulf-to-Bay Boulevard and Duncan Avenue; and 3) That the landscaping be completed within three (3) months. Motion carried (5 to 1) with Ms. Nixon voting "nay." Mr. Green arrived at 2:26 PM. 6.M&B 31.04, Sec. 30-28-16E (2612 U.S. 19 N) National Operating Limited Partnership/Phar Mor of Florida, Inc. CU 89-93 Request - 3 PS (Package Sales of Alcoholic Beverages) (NEW LICENSE) Zoned - CC (Commercial Center) Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation. Mr. Jeff Hamilton, attorney for applicant, stated applicant wants to lease space next to its existing store and sell alcoholic beverages to bring the subject store into conformance with other stores in the United States. After questioning by Mr. Schwob, Mr. Hamilton stated he believes State law requires a separate entrance but it will be set up in accordance with State law. 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 occupational license be procured within six months. Motion carried unanimously (7 to 0). 7.Lot 1, Radisson Suite Resort Hotel Subdivision (1241 Gulf Blvd.) Anthony Petrarca/Columbia Restaurant/Cha Cha Coconuts CU 89-94 Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) (NEW LICENSE) Zoned - B (Business) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. Ms. Glatthorn advised that one letter of opposition to the above request was received. Mr. Jeff Shannon, representative of applicant, stated the request is for a 4-COP-SRX license for a traditional-type restaurant in conjunction with a lounge called Cha Cha Coconuts. After questioning by Ms. Nixon, Mr. Shannon stated this operation will be similar to the operation at The Pier in St. Petersburg. Mr. Caesar Gonzmart, President and Chairman of the Board of Columbia Restaurants, clarified that the operation will be similar to the operation at The Pier but the operation at The Pier also is where the viewing deck is. Mr. Shannon advised the access is strictly controlled by the hotel. 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 occupational license be obtained within six months. Motion carried unanimously (7 to 0). 8. Part of SE 1/4 of Sec. 9-29-15 and said parcel also being part of NE 1/4 of Sec. 16-29-15, submerged land lying immediately west of the westerly right-of-way of Drew St. (210 Drew St.) Harbormaster City of Clw/Phil M. Henderson/Clw Ferry Service CU 89-95 Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) (NEW LICENSE) Zoned - AL/C (Aquatic Lands-Coastal) Ms. Nixon declared a possible conflict of interest (see attached) and advised she will neither participate in the discussion nor vote on the subject request. Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation. Mr. Phil Henderson, applicant, stated that in order to have a liquor license the boat must be able to carry 125 passengers. He stated the ferry service license does not allow for the sale of alcoholic beverages between Clearwater and Clearwater Beach. He also stated the boat on which alcoholic beverages would be served is the boat for charters after it leaves the dock. He advised the boat will be strictly for charters or for trips to Tarpon Springs. He clarified that no alcoholic beverages will be for the ferry service. After questioning by Mr. Schwob, Mr. Henderson stated this operation is similar to operations on other vessels. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Mazur, to approve the above request subject to: 1) That the occupational license be obtained within six months. Motion carried (6 to 0). D. Chairman's Items 1. Approval of Planning and Zoning Board Meeting schedule for 1990. Mr. Polatty requested the Board approve the 1990 schedule of Planning and Zoning Board Meeting dates. He advised the dates have been set up in accordance with the Board's Bylaws. He also advised that, in accordance with previous discussions on meeting dates, a second meeting has been scheduled for November 27, 1990 and there will be only one meeting in December, 1990. E. Director's Items Mr. Polatty advised that the Board, at future meetings, will discussing possible amendments to the Land Development Code that deal will amendments necessary to implement the Comprehensive Plan and amendments that have been requested from various sources. He requested the Board be thinking of ideas for possible changes to the Land Development Code. F. Board and Staff Comments Discussion followed regarding the Board's concern about package sales of alcoholic beverage at establishments that also sell gasoline. The Board discussion its enforcement powers, possible restrictions, and possible unfair advantages to businesses. The Board felt it was imperative to express its concern regarding package sales of alcoholic beverage at establishments that also sell gasoline to the City Commission. Motion was made by Mr. Green, seconded by Mr. Mazur, to recommend to the City Commission that the City Commission recommend a Bill for the next Legislative session that the sale of cold alcoholic beverages in singles or package form not be allowed at establishments that sell gasoline. Motion carried unanimously (7 to 0). Meeting adjourned at 4:08 PM. ___________________________________________________ James M. Polatty, Jr., AICP, Director Planning and Development Department