Loading...
11/14/1989 MINUTES PLANNING & ZONING BOARD TUESDAY, NOVEMBER 14, 1989 - 1:30 PM Members Present: Chairman Johnson, Ms. Nixon (arrived 1:38 PM), Messrs. Ferrell, Green, Hamilton (arrived at 1:42 PM), and Schwob A. Due to noncompletion of the minutes of October 3, 1989 no action was taken. 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 10/17/89 & 10/31/89) Lots 7,8 and 16 through 20, Blk.B, Bayside Sub #5 (672-4 South Gulfview Boulevard) Elias Anastasopoulos and Gregory C. Politis (Gondolier Pizza)/Bill Sioutis CU 89-77 Request - 2-COP (On-premise consumption of beer and wine (NEW LICENSE) Zoned - CB (Beach Commercial) Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation. Mr. William J. Kimpton, representative of applicant, expressed concerned that only five members were present. He requested the item be continued until there is a full Board available. Ms. Nixon arrived at 1:38 PM. Mr. Kimpton stated the above request was continued the first time because of a tie vote and was continued a second time at Staff's request. He felt it was appropriate to hear the item when Mr. Hamilton was present. Mr. Polatty advised a majority of members present would be required to vote for approval at the rehearing on the subject request and felt it would be appropriate to hold the subject until the end of the meeting to see if Mr. Hamilton arrived. Mr. Hamilton arrived at 1:42 PM. Mr. Kimpton stated the applicant is seeking approval of a 2-COP alcoholic beverage license. He described the surrounding uses. He advised the establishment will serve three meals a day. He stated that many area residents currently travel to the north end of the beach to eat meals. He also stated the retail center generates a lot of pedestrian trade. Mr. Kimpton felt the applicant met the requirements of Beach Commercial zoning. He stated City staff recommends approval which means the standards have been complied with. He stated applicant has no objections to the conditions of approval and he felt if the establishment was proposed as a bar the conditions of approval would be very damaging. He felt the use would be a substantial benefit to the beach. He advised the applicant intends to protect the property in which he has so heavily invested. Mr. Kimpton submitted into the record Exhibits A, B, C, D, and E (exhibits retained in conditional use file in City Clerk's Office). After questioning by Mr. Schwob, Mr. Kimpton stated the subject request does not include outdoor seating. After questioning by Mr. Ferrell, Mr. Richter stated the site does meet parking requirements of the Land Development Code. In support of the above request, the following person appeared to give her comments: Ms. Janet Nassif, Continental Towers, 675 South Gulfview Boulevard, stated she is not present on behalf of the condominium association but no resident has expressed any concern or objection to the use. She stated she has personally seen the site and does not think it will be a bar or a loud, crowded establishment. She stated she is a nutritionist and felt alcoholic beverages are neither good nor bad but depend how alcoholic beverages are used. She felt alcoholic beverages consumed with food should pose no problem. She felt the Board should look at the use and the request should not be disapproved just because it is alcoholic beverage sales. Motion was made by Mr. Mazur, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) The hours of operation shall be from 7:00 AM to midnight, weekdays, and 7:00 AM to 1:00 AM, weekends; 2) The kitchen must remain open to within one hour of closing; 3) There must be no entertainment; 4) No package sales shall be permitted; 5) No outdoor speakers shall be allowed; 6) The variance to the separation requirement from residential zones must be obtained from the City Commission; and 7) The requisite occupational license must be procured within six (6) months. Motion carried unanimously (7 to 0). 2. Part of Lot 1, Pinellas Groves, Section 1-29-15 (1896 Hercules Ave) Florida National Bank (Amoco Oil Company) CU- 89-84 Request - 2-APS (On-premise package sales of beer and wine, (NEW LICENSE) and 4 additional fueling spaces Zoned - OL (Limited office); CN (Neighborhood Commercial) subject to approval of Land Use Plan designation by Pinellas County Commission Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation. Ms. Patricia Muscarella, representative of applicant, explained the surrounding uses. She stated the only entrances will be right-hand turns after road improvements take place. She stated people use convenience stores for ease and that is the reason convenience stores are often located on opposite corners. No persons appeared in support of or in opposition to the above request. Mr. Richter stated one letter of opposition was received; however, it appears the letter is referring to an establishment on Gulf-to-Bay Boulevard. Mr. Polatty clarified that the number of "gasoline pumps" is based essentially on parking spaces because of the difficulty with defining what a "gasoline pump" is. Ms. Nixon stated she is not in favor of the subject request. Mr. Mazur expressed concern about gasoline sales and alcoholic beverage sales at the same location. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) The applicant obtaining approval and certification of the requisite site plan; 2) The finalization of the rezoning and land use plan amendments; 3) No deliveries occur between the hours of 10:00 P.M. and 6:00 AM; and, 4) The requisite building permit be procured within one year. Motion carried (5 to 2) with Ms. Nixon and Mr. Mazur voting "nay." 3.Section 2-29-15, M&B 31.07 (1811 North Highland Ave) Highland Ventures, Inc. (Frado's Restaurant) CU 89-85 Request - 2-COP (On-premise consumption 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. Leonard Cantalupo, applicant, stated proposed hours of operation are 11:00 AM to 11:00 PM and the establishment will be closed on Sunday. After questioning by Mr. Schwob, Mr. Cantalupo stated the establishment will be a family-run restaurant. He stated either he and/or his mother will be on the premises and his mother has been in the restaurant business all her life. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above request subject to the following: 1) Approval of the requisite separation variance by the City Commission; and 2) The occupational license be obtained within six months. Motion carried unanimously (7 to 0). 4.Lot 16, Grove Circle Subdivision (1706 North Highland Avenue) Jeffrey N. South, Louis F. Aguiar and Jules Bishara (Summer Place) CU 89-86 Request - Level 1 Group care facility with 10 cared-for residents Zoned - RS-8 (Single Family Residential) Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation. After questioning by Ms. Nixon, Mr. Richter stated the applicant would be permitted to count the driveway as part of parking. After questioning by Mr. Schwob, Mr. Richter stated applicant will be required to have 2400 square feet before permits can be issued. Mr. Hamilton expressed concern about the huge tree on the south side of the building. Mr. Jules Bishara, co-applicant, stated the subject property is currently licensed for five residents. He stated there are one full-time and one part-time employees and two full-time and three part-time employees are planned after the renovation. He stated the huge tree on the south side of the building may be trimmed but will not be destroyed. He also stated if an agreement can be reached with the Traffic Engineer less concrete will be used but four parking spaces are required. After questioning by Mr. Hamilton, Mr. Bishara stated the dimensions of the addition will be about 25 feet x 32.55 feet. After questioning by Mr. Schwob, Mr. Bishara stated the current operation has been in existence with five residents for about two years, the ages of the residents range from mid-70s to mid-80s. He stated he provides care, meals, and activities in an environment where the residents can live independently and he has a close relationship with the residents. 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 the following: 1) That the requisite building permit and occupational license being obtained within 6 months. Motion carried unanimously (7 to 0). 5.Lot 1, South Oaks Fashion Square (1500 McMullen Booth Rd) Booth Marketplace, (Excel Enterprises of Clw) CU 89-87 Request - 4 COP SRX on-premise consumption of alcoholic beverages (NEW LICENSE) Zoned - IPD (Industrial Planned Development) Mr. Mazur declared a possible conflict of interest (see attached) and stated he 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. George Pavlick, representative of applicant, stated a full service restaurant is planned at the subject location. He stated the restaurant is proposed to be open late in order to serve breakfast. He stated no live entertainment is planned but there will be a small dance floor. In support of the above request, the following person appeared to give his comments: Mr. Peter DiMaria, representative of Booth Marketplace, stated the property owner is in support of the above request. He stated the application has been reviewed and with the experience the applicant has had, the applicant has been accepted as a tenant. He stated he would like to see the alcoholic beverage sales request approved. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above request subject to the following: 1) That the requisite occupational license be obtained within six (6) months. Motion carried (6 to 0). 6.Lot 1, South Oaks Fashion Square (1580 McMullen Booth Rd) Booth Marketplace (Ramblin Enterprises of Florida) CU 89-88 Request - Permit on-premise consumption of beer, wine and liquor Zoned - IPD (Industrial Planned Development) Mr. Mazur declared a possible conflict of interest (see attached) and stated he 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. George J. Pavlick, representative of applicant, stated applicant wants to open a restaurant/club and he felt it would be conducive to the area. He also felt the location was good. After question by Mr. Johnson, Mr. Pavlick stated the club will probably play top 40 hits and there will be no nude dancing. After questioning by Mr. Polatty, Mr. Pavlick explained the operation of and his involvement with Coyote's restaurants. After questioning by Mr. Schwob, Mr. Pavlick stated there will be no table dancing or wet T-shirt contests. He stated the name for the proposed establishment will be "Kahuna's." In support of the above request, the following person appeared to give his comments: Mr. Peter DiMaria, representative of Booth Marketplace, stated the property owner is in support of the above request. He also stated the property owner feels quite safe with the proposed operation. He felt the area is in need of this type of use and this type of operation is needed in the center. Mr. Johnson expressed concern about the percentage of space in the center that will be selling alcoholic beverages. Mr. Hamilton stated he is comfortable with staff recommendation and has no problem with the use based on the Code but he felt the request would be difficult to justify the variance to the separation requirement when it is scheduled before the City Commission. He felt the City Commission should look at the volume and number of people in regard to the separation distance. Hr Hamilton stated he would have less concern if the two locations (CU 89-87 and CU 89-88) were switched. Mr. Green felt the noise may affect surrounding properties and felt the City Commission should look closely at the request. Mr. Ferrell stated there is no one from the residential areas present at the hearing. Ms. Nixon felt the location of the subject request was too close to residential areas. 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 (6) months. Motion carried (4 to 2) with Mr. Johnson and Ms. Nixon voting "nay." C. Annexation and Zoning: 1. Lot 18 & West 50' of Lot 17 (Located at 1401 Citrus St.) (Smyth) A 89-19 Request - Annexation and Zoning RS-8 (Single Family Residential) The above property is located at 1401 Citrus Street. The applicant was not present. Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation. Mr. Polatty advised that four letters of objection were received from area neighbors. No persons appeared in support of or in opposition to the above request. Mr. Schwob stated there is no apparent reason stated in the letters of objection. Motion was made by Mr. Schwob, seconded by Ms. Nixon, to recommend approval of the annexation and RS-8 (Single Family Residential) zoning. Motion carried unanimously (7 to 0). 2.Part Lots 25 & 26, Section 1-29-15, Pinellas Groves and Part Lots 6-8, Section 12-29-15, Pinellas Groves (Located on east side of the proposed North Keene Road Extension where Leo Lane East terminates). (City) A 89-20 Request - Annexation and Zoning IL (Limited Industrial) The above property is located on east side of the proposed North Keene Road Extension where Leo Lane East terminates. Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation. In opposition to the above request, the following person appeared to give his comments: Mr. Don Eicher, 15332 West Bedford Circle, adjacent property owner to the north, expressed concern that the proposed zoning may affect the status of his property. Mr. Polatty assured Mr. Eicher that the proposed building will be nicely finished and landscaped. He also advised Mr. Eicher that the subject request will not affect his property since Mr. Eicher's property is in the County and he advised that the City of Clearwater is not permitted to force Mr. Eicher to annex into the City. After questioning by Mr. Hamilton, Mr. Eicher advised he does not know who owns the fence. After questioning by Mr. Hamilton, Mr. Polatty stated he does not know how the property will be accessed. Mr. Hamilton stated he has no problem with the zoning but he expressed concern about the trucks in residential areas. Motion was made by Mr. Schwob, seconded by Mr. Green, to recommend approval of the annexation and IL (Limited Industrial) zoning. Motion carried unanimously (7 to 0). D. Chairman's Comments Mr. Johnson expressed concern about the lack of minutes presented to the Board for its approval. Mr. Polatty advised that staff has been working on the Comprehensive Plan which has caused delays in all work. The Board suggested temporary help be hired. E. Director's Comments Mr. Polatty stated he will be scheduling a workshop for the Board to discuss alcoholic beverages. The Board decided it would rather meet in a less formal atmosphere than the Commission Chambers for discussion of alcoholic beverages and possible amendments to the alcoholic beverage ordinance. F. Board and Staff Comments The meeting dates for 1990 were discussed and the Board requested there be two meetings scheduled for November, 1990 and one meeting for December 1990 so there will not be a meeting scheduled too close to the Holidays. Mr. Hamilton advised he will not be present at the December 5, 1989 meeting. Mr. Johnson advised he will not be present at the December 19, 1989 meeting. Discussion followed regarding a Christmas luncheon for the Board. It was decided that the luncheon will be set for December 19, 1989 and will be "dutch treat." Meeting adjourned at 3:29 PM. ____________________________________________________ James M. Polatty, Jr., AICP, Director Planning and Development